Plan for Care and Opportunity Act (Budget Measures), 2018 — Bill 31 (41st Parliament, 3rd Session)

Bill 31, 41-3

Ontario — Bills

3RD SESSION, 41ST LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 31

An Act to implement Budget measures and to enact and amend various statutes The Hon. C. Sousa Minister of Finance Government Bill 1st Reading March 28, 2018 2nd Reading April 24, 2018 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on Finance and Economic Affairs and as reported to the Legislative Assembly May 3, 2018) (The provisions in this Bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. ______________ EXPLANATORY NOTE

SCHEDULE 1 ASSESSMENT ACT The

Schedule amends the Assessment Act. The Minister’s powers to make regulations are expanded to include powers with respect to the procedure for determining whether land is in an optional propert y class or optional property subclass. They are also expanded to allow regulations to enable municipalities to specify individual properties that are in property classes or property subclasses. A new property tax exemption is provided for land that is used as a non -profit child care centre in a location that would be exempt if it were occupied by the land’s owner.

New rules are set out to clarify the interaction between the Assessment Act and the Municipal Tax Assistance Act with respect to crown lands that have tenants. Starting after 2020, the day as of which land is valued for each general reassessment is changed to January 1 of the year tha t precedes by two years the first taxation year to which the reassessment applies. Annual statements by railway comp anies are required to show such other information related to the operation or use of the railway as may be prescribed.

SCHEDULE 2 CITY OF TORONTO ACT, 2006 Currently,

section 135 of the City of Toronto Act, 2006 governs by-laws that change the composition of city council. Clause 135 (4) (

b) prevents such a by -law that is passed in the year of a regular election before voting day from coming into force until after the second regular election following the passage of the by -law.

Section 135 is amended to pe rmit a by-law that is passed on or after January 1, 2018 and on or before June 30, 2018 to, if it so provides, come into force as early as the day the new council is organized after the 2018 regular election. If such a by -law is passed, a determination by the Superior Court of Justice shall not be made under subsection 83 (1) of the Municipal Elections Act, 1996 by reason only of the clerk of the City doing anything, before the by -law is passed, in relation to the conduct of the 2018 regular election as if the by-law were or were not already in effect.

SCHEDULE 3 CLIMATE CHANGE MITIGATION AND LOW-CARBON ECONOMY ACT, 2016 The

Schedule amends the Climate Change Mitigation and Low -carbon Economy Act, 2016 with respect to reimbursement of expenditures incurred by the Crown for the purposes of funding initiatives that are reasonably likely to reduce, or support the reduction of, greenhouse gas. Currently, the Act provides that certain expenditures that were incurred by the Crown on or after November 1, 2015 and before the Act came into force can be reimbursed from the Consolidated Revenue Fund and charged to the Greenhouse Gas Reduction Account. The

Schedule amends the Act to provide that $366,445,123 is deemed, as of March 31, 2018, to be charged to the Greenhouse Gas Reduction Account as reimbursement for expenditures that were incurred by the Crown on or after November 1, 2015 and on or before March 31, 2017 but were not reimbursed from the Account before the books of the Government of On tario were closed for the fiscal year in which the expenditures were incurred.

That provision applies despite the general rule that reimbursement for expenditures incurred by the Crown shall not be made after the books of the Government of Ontario are clos ed for the fiscal year in which the expenditures are incurred. That provision is repealed as of January 1, 2019.

SCHEDULE 4 COMPULSORY AUTOMOBILE INSURANCE ACT The Compulsory Automobile Insurance Act is amended to change certain references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Au thority of Ontario Act, 2016 . The Lieutenant Governor in Council is given regulation -making authority over certain matters relating to the transfer of the Superintendent’s powers, duties and functions.

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SCHEDULE 5 CORPORATIONS ACT Amendments to the Corporations Act are related to amendments made in the Bill to the Insurance Act concerning the licensing of insurers. The Act is amended to provide that the incorporation of certain insurers is no longer permitted under the Act. The Act is also amended to c hange references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016.

SCHEDULE 6 CORPORATIONS TAX ACT The Corporations Tax Act is amended to change certain references in the definition of “taxation year”.

SCHEDULE 7 CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994 The Credit Unions and Caisses Populaires Act, 1994 is amended to change certain references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Autho rity of Ontario Act, 2016 . The Lieutenant Governor in Council is given regulation -making authority over certain matters relating to the transfer of the Superintendent’s powers, duties and functions. Complementary and consequential amendments are also mad e.

SCHEDULE 8 EARLY CHILDHOOD EDUCATORS ACT, 2007 The

Schedule makes various amendments to the Early Childhood Educators Act, 2007 in respect of the powers and procedures of committees of the College of Early Childhood Educators. 1. The powers of the Complaints Committee are expanded to address situations where the Committee has reason to believe that a member may be incapacitated. The Committee may require the member to submit to physical or mental examinations, and may order the suspension of the mem ber’s certificate of registration until the member submits to the examinations. 2.

The Complaints Committee may refer a complaint to the Council or the Executive Committee for the purposes of making an interim order to suspend the member’s certificate of registration or impose terms, conditions or limitations on the certificate. 3. Amendments are also made relating to orders of the Discipline Committee when a member is found guilty of

an act of professional misconduct consisting of, or including, sexual a buse of a child or a prohibited act involving child pornography. The Committee shall make orders for the interim suspension of a certificate and for the revocation of the certificate. The Committee may also make an order requiring the member to reimburse t he College for any funding for therapy and counselling that the College may provide to a person. 4. Related amendments are made regarding reports and evidence by health professionals and their use at he arings of the Fitness to Practise Committee. A new

Part is added to the Act that requires the College to establish and administer a program to provide funding for therapy and counselling for children who are the subject of sexual abuse or of a prohibited act involving child pornography. The Part sets out eligibility requirements to obtain the funding and requirements relating to the proper use of such funds. Related by-law making powers and regulation-making powers are added.

SCHEDULE 9 EDUCATION ACT The

Schedule amends

section 185 of the Education Act by setting out the circumstances in which school boards are required to provide for the admission of their pupils and other persons to schools operated by bands, councils of bands, the Crown in right of Canada, prescribed entities or education authorities that are authorized by the Crown in right of Canada. The

Schedule amends

section 188 of the Act by setting out the circumstances in which school boards are required to admit eligible pupils to schools operated by the board. The

Schedule also makes a minor amendment to the regulation-making authority respecting legislative grants.

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SCHEDULE 10 ELECTRICITY ACT, 1998 The Electricity Act, 1998 is amended to change references to the Superintendent and the Superintendent of Financial Services to refer instead to the Ch ief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016.

SCHEDULE 11 FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016 The

Schedule amends the Financial Services Regulatory Authority of Ontario Act, 2016. Here are some highlights:

Section 2 of the Act is amended to continue the Financial Services Regulatory Authority of Ontario under the name Financial Services Regulatory Authority of Ontario in English and Autorité ontarienne de réglementat ion des services financiers in French. 2. New

section 10.1 requires the board of directors to establish a committee to advise the Chief Executive Officer on matters related to the Pension Benefits Guarantee Fund.

Section 11 of the Act is amended t o provide that the Authority may take certain actions if an entity does not pay a charge payable to the Authority. 4. New sections 20.1 to 20.4 set out rules governing certificates, information and the format of documents. 5. New sections 29 to 32 provide that the Minister may make orders transferring the operations, activities, affairs, assets, liabilities, rights and obligations of FSCO to the Authority and transferring the liabilities, rights and obligations of the Superintendent of Financial Services to the Chief Executive Officer or to the Authority.

The Minister is also permitted to enter into agreements, execute such documents and instruments, and do such other things as the Minister considers necessary or advisable to t ransfer any or all of the assets, liabilities, rights and obligations of FSCO to the Authority. The Lieutenant Governor in Council is given the authority to make regulations supplementing the new provisions and governing transfers under the Act.

SCHEDULE 12 HOSPITAL LABOUR DISPUTES ARBITRATION ACT Canadian B lood Services is deemed to be a “hospital” for the purposes of the Hospital Labour Disputes Arbitration Act . Transitional matters are provided for.

SCHEDULE 13 INSURANCE ACT Currently,

section 42 of the Insurance Act authorizes the issuance of licences to insurers. A new subsection 42 (1.1) provides that, after the day

section 3 of

Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, the Chief Executive Offic er cannot issue a licence to an insurer unless the insurer satisfies one of the criteria in that subsection. A new subsection 42 ( 1.3) of the Act provides that, after the day

section 3 of

Schedule 13 to the Plan for Care and Opportunity Act (Budget Measur es), 2018 comes into force, an insurer’s licence is limited to authorizing the insurer to carry on business in Ontario solely for the purpose of dissolving or winding up its business. This restriction does not appl y if the insurer satisfies one of the criteria in that subsection.

The Act is amended to change certain references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016 . Certain references to the Financial Services Commission of Ontario are also changed to refer instead to the Financial Servi

Document details

Collection	Ontario — Bills
Citation	Bill 31, 41-3
Type	bill
Volume / chapter	p41 s3 bill 31 bill text 41 3 en b031rep e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	1ed1fd6c09bdc76a44bacf4389fa0ab0696957e9

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