Kickstarting Public Participation Act, 2017 Hillier, Randy — Bill 77 (41st Parliament, 2nd Session)

Bill 77, 41-2

Ontario — Bills

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Bill 77, Kickstarting Public Participation Act, 2017

Hillier, Randy

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[41] Bill 77 Original (PDF)

Bill 77 2016

An Act to enact the

Kickstarting Public Participation Act, 2016

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"crowdfunding"

means the funding of a project by raising donations via the internet; ("financement

participatif")

"Minister" means the Minister of Tourism, Culture and

Sport or, if another member of the Executive Council is responsible for the administration

of this Act, that Minister; ("ministre")

"prescribed" means prescribed by the regulations made

under this Act; ("prescrit")

"sponsored organization" means an organization that

proposes to implement a project funded through crowdfunding under this Act;

("organisme parrainé")

"target amount" means the amount of funds required to

implement the particular proposal. ("objectif de financement")

Minister

to maintain crowdfunding website

2. The

Minister shall maintain a website that facilitates the crowdfunding of projects

that benefit local communities.

Submission

of proposals

(1) Any

person may submit to the Minister a proposal to fund a particular project

through the website by providing to the Minister,

(

a) a

proposal in a form approved by the Minister that includes a description of the

project and the target amount;

(

b) any

information or documentation that may be specified by the Minister; and

(

c) any

prescribed information.

Criteria

for inclusion on the website, collection of donations

(2) The Minister shall accept a proposal

and collect donations for a project through the website if it meets the

following conditions:

1. The

sponsored organization has approved the project.

2. The

sponsored organization is a person described in clauses (

a) to (

c) of the

definition of "qualified donee" in subsection 149.1 (1) of the Income Tax Act (Canada) or a prescribed person.

3. Any

municipality on whose property the project will be located or undertaken has approved

the project.

4. The

Minister is satisfied that the project is not substantially similar to a

project currently published on the website.

5. The

Minister is satisfied that the proposed target amount would reasonably cover

the costs of the project.

6. The

project or sponsored organization meets any further condition that may be prescribed.

Information

to be on the website

(3) The Minister shall maintain on the

website in respect of each project:

1. A

description of the project.

2. The

name of the sponsored organization.

3. The

amount of donations received towards the project in real time.

Minister

to distribute donations

(1) If

the donations received for a particular project reach the target amount, the

Minister shall remove the project from the website and arrange for the funds to

be transferred to the organization along with the names and contact information

of each of the donors and the amounts of their respective donations.

Funds

collected in excess of target amount

(2) If the Minister collects funds in

excess of the target amount, the Minister shall refund any excess funds to the

donors.

When

donation made

(3) The donation shall be deemed to be made

by each donor when the Minister transfers the funds to the organization.

Minister

to remove proposals

(4) The Minister shall remove a project

from the website and refund any donations if the project has been published on

the website for 120 days and its target amount has not been reached.

Donations

not part of the Consolidated Revenue Fund

(5) Despite

Part I of the Financial Administration Act , the donations made through

the website do not form part of the Consolidated Revenue Fund.

Regulations

5. The Minister may make

regulations respecting any matter necessary or advisable to carry out

effectively the intent and purpose of this Act, and without limiting the

generality of the foregoing, may make regulations,

(

a) prescribing

requirements for the website;

(

b) prescribing

additional information for the purposes of clause 3 (1) (c);

(

c) prescribing

persons for the purposes of paragraph 2 of subsection 3 (2);

(

d) prescribing

further conditions for the purposes of paragraph 6 of subsection 3 (2);

(

e) prescribing

any requirements relating to the collection or transfer of funds donated via

the website.

Commencement

6. This

Act comes into force on January 1, 2018.

Short

title

7. The

short title of this Act is the Kickstarting Public

Participation Act, 2016 .

EXPLANATORY NOTE

The

Bill requires the Minister of Tourism, Culture and Sport to maintain a website

to facilitate the funding of projects that benefit local communities through

the use of crowdfunding. The Bill establishes the requirements to submit a

proposal for publication on the website as well as the manner in which the

Minister is to collect and distribute the donations received via the website.

Date Bill stage Activity Committee

March 30, 2017

Ordered referred to Standing Committee

Standing Committee on Justice Policy

March 30, 2017

Second Reading

Carried

March 30, 2017

Second Reading

Debate

December 5, 2016

First Reading

Carried

Debates and Progress

First Reading

December 5, 2016

Committee

Second Reading

March 30, 2017

Mr. Randy Hillier, Ms. Cheri DiNovo, Hon. Eleanor McMahon, Mr. Steve Clark, Mr. John Vanthof, Mr. Bob Delaney, Mr. Michael Harris, Mr. Sam Oosterhof

March 30, 2017

Declared carried. Referred to the Standing Committee on Justice Policy.

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 77, 41-2
Type	bill
Volume / chapter	p41 s2 bill 77 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1b23bb2c35ef48b09c4324a430d0097715725179

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