p42 s2 bill 13 b013ra e.pdf

Ontario — Bills

2ND SESSION, 42ND LEGISLATURE, ONTARIO 70 ELIZABETH II, 2021 Bill 13 (Chapter 34 of the Statutes of Ontario, 2021)

An Act to amend various Acts The Hon. N. Tangri Associate Minister of Small Business and Red Tape Reduction 1st Reading October 7, 2021 2nd Reading October 28, 2021 3rd Reading December 2, 2021 Royal Assent December 2, 2021

EXPLANATORY NOTE This Explanatory Note was written as a reader’s aid to Bill 13 and does not form part of the law. Bill 13 has been enacted as

Chapter 34 of the Statutes of Ontario, 2021.

SCHEDULE 1 BARRISTERS ACT The

Schedule repeals

section 3 of the Barristers Act.

Section 3 of the Act sets out the order of precedence for members of the bar of Ontario in the courts of Ontario.

SCHEDULE 2 CANNABIS LICENCE ACT, 2018 The

Schedule amends the Cannabis Licence Act, 2018 respecting methods of distributing cannabis sold through cannabis retail stores. In particular,

section 20 of the Act is re-enacted to provide that cannabis may be distributed either in person in a cannabis retail store or in an area immediately adjacent to it or by delivery. Complementary amendments are made to various provisions of the Act. Additionally, related amendments are made to two other statutes: 1. Subsection 7 (2) of the Cannabis Control Act, 2017 is amended to expand the applic ation of the subsection to distribution, which includes delivery, rather than to delivery only, when cannabis is not provided to a purchaser at the time of sale.

Section 9 of the Act is re-enacted to provide that no person may purchase cannabis except from an authorized cannabis retailer, as defined in the Act.

Section 2 of the Ontario Cannabis Retail Corporation Act, 2017 , setting out the exclusive rights of the Corporation, is re-enacted. The Corporation is given the exclusive right to sell cannabis o nline, without doing so through a cannabis retail store . Selling cannabis for resale through a cannabis retail store continues to be an exclusive right of the Corporation. The Corporation’s exclusive rights also continue to be subject to such exceptions as may be specified by regulations made under the Act.

The Cannabis Licence Act, 2018 is also amended to provide for searches, including warrantless searches, of conveyances for enforcement purposes. As well, subsection 49 (1) of the Act is amended to add an authority for the Lieutenant Governor in Council to make regulations governing rules and processes that apply if the Registrar of the Alcohol and Gaming Commission of Ontario receives a copy of a resolution of the council of the band in respect of a reserve containing a prescribed request relating to the delivery of cannabis or other products to the reserve.

This could include regulations prohibiting or restricting the delivery of cannabis to a reserve. Finally a correction is ma de to the French version of the definition of “reserve” in subsection 1 (1) of the Cannabis Licence Act, 2018 and subsection 26 (3) of the Cannabis Control Act, 2017.

SCHEDULE 3 COLLECTION AND DEBT SETTLEMENT SERVICES ACT The Collection and Debt Settlement Services Act is amended to update references to certain statutes.

SCHEDULE 4 COURTS OF JUSTICE ACT The

Schedule amends

section 17 of the Courts of Justice Act to address an outstanding reference to case management masters, in part retroactive to September 1, 2021, the day on which they were retitled as associate judges. The

Schedule al so corrects several French language errors in the Act.

SCHEDULE 5 CROWN ADMINISTRATION OF ESTATES ACT The

Schedule amends the Crown Administration of Estates Act to change a reference to the Ministry of the Attorney General website to refer instead to a Government of Ontario website.

SCHEDULE 6 CROWN FOREST SUSTAINABILITY ACT, 1994 The

Schedule amends the Crown Forest Sustainability Act, 1994 by adding a new

part III.2 governing the harvesting of forest resources in Crown forests for personal use in the pre scribed circumstances or in accordance with an authorization issued by the Minister. Several consequential amendments are made and the Lieutenant Governor in Council is given new regulation making powers in respect of the harvesting of forest resources for personal use.

ii

SCHEDULE 7 DEVELOPMENT CHARGES ACT, 1997 The amendments to the Development Charges Act, 1997 change the method by which the estimate for the increase in the need for the Yonge North subway extension is calculated by basing it on the planned level of service provided in the municipality over the 20-year period immediately following the preparation of the background study.

SCHEDULE 8 EDUCATION ACT The Education Act is amended to remove references to ranked ballot elections, change when boards must elect their chairs and when the chief executive officer of a board must submit a report to the board, and eliminate certain requirements relating to the appointment of supervisory officers.

SCHEDULE 9 ELECTRICITY ACT, 1998 The

Schedule amends the Electricity Act, 1998 to add a new

section 36.1.1 creating a two-year limitation period (or such other limitation period as may be prescribed) that applies to certain payments, adjustments and amounts settled by the IESO. Related amendments concerning limitation periods are made to the Electricity Act, 1998 and other Acts: 1. A new subsection (9) is added to sectio n 25.33 (Global Adjustment) of the Electricity Act, 1998 to create the authority to provide for a limitation period in respect of adjustments to be m ade by the IESO, distributors and retailers under that

section or the regulations. 2. The Limitations Act, 2002 is amended to add new

section 36.1.1 of the Electricity Act, 1998 to the

Schedule made under

section 19 of that Act, to provide that a limitati on period established under

section 36.1.1 of the Act or the regulations prevails in respect of a claim where a limitation period in the Act also applies. 3. New provisions are added to the Ontario Energy Board Act, 1998 to create the authority to prescribe limitation periods for entitlements related to certain electricity rate-mitigation programs. 4.

The Ontario Fair Hydro Plan Act, 2017 is amended to authorize the making of regulations to prescribe a limitation period related to the entitlement of consu mers; and the rights or obligations of electricity vendors, unit sub -meter providers and the IESO in respect of payments, adjustments or amounts to be provided under th at Act as it read immediately before the final plan date. The

Schedule also amends

Part VIII of the Electricity Act, 1998 to replace the administrative penalties currently provided for in respect of that Part with a new authority to impose administrative penalties, and to make related amendments. Under the new provisions, the Director may ord er a person to pay an administrative penalty if the person has contravened a prescribed provision of

Part VIII or the regulations made under it, certain restrictions, limitations or conditions of a prescribed authorization or a prescribed order of the Auth ority. The maximum amount of an administrative penalty is $10,000. The Minister is given regulation-making authority over matters relating to administrative penalties.

SCHEDULE 10 ENVIRONMENTAL ASSESSMENT ACT The

Schedule amends the Environmental Assessment Act to specify that both amendments to approved class environmental assessments, as well as amendments to approvals of class environmental assessments, may include amendments to change the classes of undertakings to which the class environmental assessment applies.

SCHEDULE 11 LIQUOR LICENCE AND CONTROL ACT, 2019 Paragraph 17 of subsection 78 (1) of th e Liquor Licence and Control Act, 2019 provides regulation -making authority to authorize the Registrar to approve temporary physical extensions of licensed premises. The

Schedule re -enacts paragraph 17 to provide for a broad regulation -making authority gov erning physical extensions and other physical changes to licensed premises that may be specified by the regulations, which may be temporary or permanent and indoor or outdoor extensions or changes.

SCHEDULE 12 MINING ACT The

Schedule amends the Mining Act to add a new

section 139.0.1 to

Part VII (Rehabilitation of Mining Lands). The new

section provides for a process by which activities that would otherwise b e “mine production” as defined in

section 139 for the purposes of

Part VII are in specified circumst ances instead deemed to be either “advanced exploration” as defined in that

section or activities to which

section 78.2, 78.3 or both apply. A proponent in respect of whom a deeming applies under the new

section is subject to certain additional requirement s specified in subsection 139.0.1 (6). The new

section also specifies a process by which the deeming may cease to apply. Consequential amendments are made t o

section 78.1 and the

definitions of “mine production” and “advanced exploration” in

section 139.

iii The

Schedule also amends

Part VII to provide for a new recovery permit that authorizes the holder to recover minerals or mineral bearing substances from tailings or other waste materials resulting from mining, subject to the permit holder ensuring the remediation of the land on which the tailings or other waste materials are located. The remediation must be such that the condition of the land with respect to o ne or both of public health and safety or the environment is improved following the recovery and remediation, as determined by the Director of Mine Rehabilitation (section 152.1). Lands may be excluded under

section 152.2 from the application of a permit. The recovery permit holder is required to comply with the permit, including the recovery and remediation plan that forms part of the permit, as well as the terms and conditions to which the permit is subject (section 152.3). Provisions are added to provide for the making of orders or directions in the event of a failure to comply, or in circumstances where public health and safety or the environment have been or may likely be injured, damaged or endangered (sections 152.6 and 152.7). Consequential amendments are made to the definition of “mine” in subsection 1 (1) and throughout

Part VII.

SCHEDULE 13 MINISTRY OF INFRASTRUCTURE ACT, 2011 Currently, clause 7.1 (4) (

c) of the Ministry of Infrastructure Act, 2011 allows the Lieutenant Governor in Council to make regulations respecting the application of specified statutes to any corporation that the Minister may establish, acquire or otherwise deal with for purposes of investing in, supporting or developing transi t-oriented community projects related to priority transit projects. The

Schedule amends this clause to add a reference to the Not-for-Profit Corporations Act, 2010.

SCHEDULE 14 NORTHERN SERVICES BOARDS ACT The

Schedule amends several provisions of the Northern Services Boards Act related to where notices of meetings are to be posted and how they are to be published. Notably, notices of meetings can now be published by electronic means or in an electronic format. Similar amendments are made to provisions of the Act dealing with where the minutes of meetings are to be posted and how they are published.

SCHEDULE 15 OCCUPATIONAL HEALTH AND SAFETY ACT The

Schedule amends the Occupational Health and Safety Act as follows: The Act is amended with respect to terminology related to engineers. A new definition of the term “engineer” is added and the term “engineer of the Ministry” is replaced by the term “professional engineer of the Ministry”. Related amendments are made to the Act. Certain notification and reporting provisions are amended with respect to deaths, cri tical injuries and other occurrences at a workplace.

An amendment is made that if the regulations so provide, an employer must at least annually prepare and review a written occupational health and safety p olicy and develop and maintain a program to implem ent that policy for workplaces with five or fewer workers. A new regulation-making authority provides for the

Document details

Collection	Ontario — Bills
Citation	p42 s2 bill 13 b013ra e.pdf
Type	bill
Volume / chapter	p42 s2 bill 13 b013ra e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	13663a2b1e4f1e8cd7eb9dd17115c71dfd6fde30

Source file is stored in the law ingest library (pdf).