Ontario Bill 97 (44th Parliament, 1st Session)
Bill 97, 44-1
Ontario — Bills
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Bill 97, Plan to Protect Ontario Act (Budget Measures), 2026
Bethlenfalvy, Hon. Peter Minister of Finance
Current status:
Royal Assent received. Statutes of Ontario 2026,
chapter 2
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EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 97 and does not form part of the law.
Bill 97 has been enacted as
Chapter 2 of the Statutes of Ontario, 2026.
SCHEDULE 1
BREMNER BOULEVARD ACT, 2026
The
Schedule enacts the Bremner Boulevard Act, 2026 ,
which provides that
section 10 (4) of City of Toronto By-law No. 1994-0806 does
not apply in respect of block 18C. The Skydome Act (Bus
Parking), 2002 is repealed.
SCHEDULE 2
CITY OF TORONTO ACT, 2006
Section
97 of the City of Toronto Act, 2006 is amended to
limit by-laws respecting the closing of business establishments on a holiday
from providing for such closings on Family Day or Victoria Day.
SCHEDULE 3
CONSERVATION AUTHORITIES ACT
The
Conservation Authorities Act is amended to add a
new
Part I.1 and to make other changes related to the new Part. Here are some
highlights.
New
Part I.1 provides for the amalgamation of 35 conservation authorities into 8
new conservation authorities and continues the Lakehead Region Conservation
Authority under the name Northwestern Ontario Regional Conservation Authority.
The
first members of the new conservation authorities and the continued
conservation authority are appointed by the councils of the participating
municipalities in accordance with the regulation.
The
Ontario Provincial Conservation Agency is responsible for establishing
transition committees to prepare for the amalgamations. The transition
committees are comprised of individuals appointed by the predecessor
conservation authorities and a project executive appointed by the Agency. The
transition committees must develop a transition plan that the new conservation
authorities must implement.
The
first chief administrative officer of a new conservation authority is the
project executive of the authority’s transition committee.
During
the transition period, actions to establish a conservation authority, enlarge
the area of jurisdiction of an authority, amalgamate an authority or dissolve
an authority are prohibited. The Minister may issue directions to a
conservation authority during the transition period. The prohibitions and the
Minister’s authority to issue directions are repealed on a day to be named by
order of the Lieutenant Governor in Council.
The
current
section 14 provides, among other matters, that the number of members of
a conservation authority to be appointed by the participating municipalities’
councils is based on the population of the participating municipality and
provides that 70 per cent of a municipality’s appointees must be from among
members of council. The
section also provides that the total number of members
to be appointed by a municipality may be adjusted by agreement among all
participating municipalities.
Section 14 is re-enacted to provide for the
number of members to be appointed by participating municipalities to be
determined in accordance with the method prescribed by the regulations. All
participating municipalities of a conservation authority may agree to a
different method for determining the number of members each participating
municipality appoints subject to certain restrictions.
Conservation
authorities must establish one or more watershed councils for the purposes of
assisting the authority in identifying local priorities with respect to its
programs and services and to ensure that local interests are considered as part
of the authority’s decision-making process.
Regulation-making
authorities for both the Lieutenant Governor in Council and the Minister are
also added to the Act.
SCHEDULE 4
CORPORATIONS TAX ACT
Section
74.2 of the Corporations Tax Act is amended with
respect to the ability of funded benefit plans to elect to have their tax
payable be determined as if they were unfunded benefit plans. The Minister may
make regulations with respect to the determination of the amount of tax payable
in circumstances where an election is made or revoked. The regulations may have
retroactive effect.
The
Schedule revokes a related regulation.
SCHEDULE 5
FINANCIAL ADMINISTRATION ACT
The
Schedule amends the Financial Administration Act to require the Minister
of Finance to establish a designated purpose account in the Consolidated
Revenue Fund called the Protect Ontario Account Investment
Fund . The Minister of Finance may make expenditures from the Protect
Ontario Account Investment Fund for the purpose of making investments that
promote innovation, infrastructure development, long-term economic growth and
other strategic priorities of Ontario. Any proceeds or returns related to those
investments are to be added to the Protect Ontario Account Investment Fund.
However, the Minister may direct that any portion of the proceeds or returns
are to be held in the Consolidated Revenue Fund and not in the Protect Ontario
Account Investment Fund.
Currently,
section 28 of the Act sets out requirements that must be met with respect to
transactions that would increase Ontario’s indebtedness or contingent
liabilities, and provides for certain exceptions to those requirements.
Section
4 of the
Schedule repeals the provisions setting out those requirements but
provides for the continued application of subsection 28 (2) with respect to
transactions entered into before
section 4 of the
Schedule came into force.
Regulations that provided for exceptions to the requirements are revoked.
Consequential amendments are made to various Acts.
SCHEDULE 6
FISCAL SUSTAINABILITY, TRANSPARENCY AND ACCOUNTABILITY ACT, 2019
The
Fiscal Sustainability, Transparency and Accountability
Act, 2019 sets out requirements for the debt burden reduction strategy
to be contained in each annual budget. The
Schedule amends the requirement
relating to the inclusion of a progress update respecting the previous budget’s
debt burden reduction strategy.
SCHEDULE 7
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
The
Schedule makes various amendments to the Freedom of
Information and Protection of Privacy Act , including the following:
1. Various
provisions are amended to require that certain time limits established by the
Act be calculated using business days.
2. The
Act is amended to allow the head of an institution to, in certain
circumstances, respond to requests for access to records by proposing a plan
for providing access to the records in stages.
3. Currently,
section 27 of the Act allows the head of an institution to extend the time
limit set out in
section 26 of the Act for responding to a request for access
to records.
Section 27 is amended to allow for an additional extension in
certain circumstances.
4. Subsection
42 (1) of the Act is amended to allow personal information to be disclosed to
an employee in a ministry of the Government of Ontario to permit continued
access to an online account associated with the employee’s email address where
there is a change to the ministry in which the employee is employed or where
the employee is on temporary assignment from another ministry. This disclosure
is subject to compliance with any guidelines established by the responsible
minister.
5. Amendments
are made to
Part III.1 of the Act (Data Integration). These include amendments
to change the manner in which the data standards, which govern various aspects
of the treatment of personal information under that Part, are established and
to remove the requirement for mandatory reviews of the practices and procedures
of multi-sector data integration units.
6. Subsection
65 (18) is added to provide that the Act does not apply to a record in the
custody of a minister or their office or a record under the control of a
minister or their office unless the record is in the custody of an institution.
New subsection 65 (19) clarifies that these exceptions apply even if the record
is under the control of an institution. These new subsections also apply, with
necessary modifications, with respect to a record in the custody or under the
control of a parliamentary assistant appointed to assist a minister of the
Crown or the parliamentary assistant’s office. Transitional rules are provided
in new subsection 65 (21). These amendments are deemed to have come into force
on January 1,
Section
65 of the Act is also amended to provide that the Act does not apply to certain
records prepared or collected under the Enhancing Digital
Security and Trust Act, 2024 .
SCHEDULE 8
LAND TRANSFER TAX ACT
The
definition of “foreign national” in the Land Transfer Tax Act is amended
to exclude a person registered as an Indian under the Indian Act
(Canada).
SCHEDULE 9
LIQUOR TAX ACT, 1996
The
Liquor Tax Act, 1996 is amended to make various
changes to the tax and tax rates applicable to beer, wine and wine cooler and
spirits.
SCHEDULE 10
MUNICIPAL ACT, 2001
Section
148 of the Municipal Act, 2001 is amended to limit
by-laws respecting the closing of retail business establishments on a holiday
from providing for such closings on Family Day or Victoria Day.
SCHEDULE 11
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
The
Schedule makes various amendments to the Municipal Freedom
of Information and Protection of Privacy Act , including the following:
1. Various
provisions are amended to require that certain time limits established by the
Act be calculated using business days.
2. The
Act is amended to allow the head of an institution to, in certain
circumstances, respond to requests for access to records by proposing a plan
for providing access to the records in stages.
3. Currently,
section 20 of the Act allows the head of an institution to extend the time
limit set out in
section 19 of the Act for responding to a request for access
to records.
Section 20 is amended to allow for an additional extension in
certain circumstances.
4. Various
provisions, which are consistent with provisions of the Freedom
of Information and Protection of Privacy Act , are incorporated into the
Act. These include provisions requiring heads of institutions to conduct
privacy impact assessments and to report the theft, loss or unauthorized use or
disclosure of personal information to the Information and Privacy Commissioner
in certain circumstances as well as provisions providing for reviews, by the
Commissioner, of the information practices of an institution in certain
circumstances.
Section
52 of the Act is amended to exclude from the application of the Act certain
records prepared or collected under the Enhancing Digital
Security and Trust Act, 2024 .
SCHEDULE 12
ONTARIO LOAN ACT, 2026
The
Ontario Loan Act, 2026 is enacted. Subsection 1
(1) of the Act authorizes the Crown to borrow a maximum of $35 billion.
SCHEDULE 13
PENSION BENEFITS ACT
The
Schedule amends the Pension Benefits Act . Here are
some highlights.
Definitions
of “variable life benefit” and “variable life benefit fund” are added to
subsection 1 (1) of the Act. In new
section 39.1.3, payments of variable life
benefits under a pension plan are authorized and the characteristics of a
“variable life benefit” are specified. In particular, the initial amount of the
benefit is determined with reference to amounts transferred to a variable life
benefit fund established within a pension fund from a specified person’s
defined contribution account under the pension plan, from additional voluntary
contributions made by the person under the plan, or from both. In addition, the
amount of the benefit may vary as a function of certain listed factors,
including the rate of return attributable to the investment of the assets of
the variable life benefit fund. The process regarding elections to transfer
amounts to a variable life benefit fund is specified, as are certain
restrictions regarding transfers into and between such funds.
New
section 44.1 establishes a death benefit payable to a designated beneficiary in
respect of variable life benefits, and new sections 77.0.1 to 77.0.7 set out
rules respecting partial wind ups that terminate the part of a pension plan
that provides variable life benefits. Consequential amendments in respect of
variable life benefits are also made to the Act.
Section
85 of the Act governs benefits that are not guaranteed by the Pension Benefits
Guarantee Fund. This
section is amended to provide that, if the date of the
wind up is on or after March 26, 2026, an amount of a pension or pension
benefit, including any bridging supplement, in excess of $3,000 is not
guaranteed by the Fund.
Technical
amendments are made to unproclaimed subsections 80.5 (1) and 80.6 (3) of the
Act.
New
section 102.5 governs applications that may be made by the administrator of a
pension plan to the Chief Executive Officer for consent to the extinguishment
of the rights and benefits under the Act and the pension plan of a former
member, retired member or any other person entitled to benefits under the plan,
if the records of the plan indicate that more than 100 years have passed since
the birth of the person and the administrator is unable to locate the person.
The requirements for the Chief Executive Officer’s consent and the effects of
the Chief Executive Officer’s consent with respect to the person’s rights and
benefits under the Act and the plan, and with respect to the administrator’s
obligations, are specified.
SCHEDULE 14
RETAIL BUSINESS HOLIDAYS ACT
The
Retail Business Holidays Act is amended by
repealing the clause in the definition of “holiday” in subsection 1 (1) that
provides for Victoria Day to be a holiday for the purposes of the Act.
SCHEDULE 15
TAXATION ACT, 2007
Currently,
section 19.1 of the Taxation Act, 2007 provides the
Ontario dividend tax credit for years 2016 and later. The
section is amended to
provide that the tax credit includes 15.2283 per cent of the amount required
under subparagraph 82 (1) (b) (
i) of the Income Tax Act
(Canada) to be included in income for taxation years ending after December 31,
Subsection
31 (4) of the Act currently sets out rules for calculating a corporation’s
small business deduction rate for a taxation year. The subsection is amended to
provide that the deduction rate is 9.3 per cent for days in a taxation year
after June 30, 2026.
Amendments
are made to subsection 90 (4.1) of the Act, which sets out the formula used in
certain circumstances to determine an eligible labour expenditure for the
purposes of the Ontario computer animation and special effects tax credit.
Currently,
under
section 97.1 of the Act, qualifying corporations may claim a regional
opportunities investment tax credit in respect of eligible expenditures, which
are certain expenditures incurred in respect of the acquisition of eligible
property. Subsection 97.1 (4) is amended to provide that an expenditure is an
eligible expenditure if it is incurred before January 1,
Section
103.3 of the Act currently sets out rules respecting the payment of the Ontario
Trillium Benefit. Amendments are made to provide new rules that apply for a
12-month period that relates to a base taxation year that commences after
December 31, 2024.
Currently,
section 104.16 of the Act provides for the small beer manufacturers’ tax credit
for qualifying corporations. Amendments are made to this
section in respect of
the manner in which the amount of the credit is determined for the sales year
beginning on March 2, 2026 and subsequent sales years.
Subsection
112 (2) of the Act currently sets out provisions of the Federal Act respecting
assessments that apply for the purposes of the Taxation
Act, 2007 . The subsection is amended to also refer to
section 231.8 of
the Federal Act, which provides rules for computing time for the purposes of
determining when an assessment may be made.
New
section 151.1 of the Act provides that certain rules in the Federal Act
respecting proof of service apply for the purposes of the Taxation
Act, 2007 .
SCHEDULE 16
TICKET SALES ACT, 2017
The
Schedule makes various amendments to the Ticket Sales Act,
2017 , which include the following:
1. A
new
section 1.2 provides that, if a ticket is obtained from a primary seller
without any amount of money having been paid for the ticket, the ticket is
deemed for the purposes of the Act to have been purchased from the primary
seller at the total price of an equivalent ticket.
2. A
new subsection 2 (3) provides that a ticket may not be made available for sale
on the secondary market for an amount that exceeds the total price paid when
the ticket was purchased from the primary seller, plus any applicable fees,
service charges and taxes charged by the secondary seller or operator of a
secondary ticketing platform. This prohibition also applies to persons
facilitating the sale of a ticket on the secondary market. A new subsection 2
(3.1) provides that a secondary seller who is offering a ticket for sale
through a secondary ticketing platform may not charge any fee or service charge
if the operator of the secondary ticketing platform charges a fee or service
charge, unless the secondary seller is permitted to do so by regulations made under
the Act.
3. Various
amendments are made to
section 6 in respect of the disclosure of information in
relation to the sale of a ticket from a primary seller or on the secondary
market. In particular, where a ticket is made available for sale through a
secondary ticketing platform, the person making the ticket available for sale
is required to provide proof to the operator of the platform of the total price
of the ticket when it was purchased from the primary seller and the operator of
the platform is prohibited from facilitating the sale of the ticket unless the
operator has received that proof.
4. New
requirements are imposed on operators of secondary ticketing platforms to
prepare and retain certain records about tickets for which they facilitate the
sale.
5. Sections
36 and 37 are amended to confer various regulation-making powers upon the
Lieutenant Governor in Council and the Minister in relation to the
subject-matter of the amendments made by the Schedule. In particular,
regulations may be made by the Lieutenant Governor in Council governing fees or
service charges applicable to the sale or facilitation of the sale of a ticket,
including limiting the amount of fees or service charges.
6. A
new
Part X (Non-Entitlement to Compensation) provides that no person is
entitled to compensation as a result of the enactment of the
Schedule or the
making of regulations under the Act.
SCHEDULE 17
WORKPLACE SAFETY AND INSURANCE ACT, 1997
The
Schedule amends the Workplace Safety and Insurance Act,
1997 with respect to the appointment by the Lieutenant Governor in
Council of members to the board of directors of the Workplace Safety and
Insurance Board.
The Lieutenant Governor in Council is
authorized to appoint a minimum of seven and a maximum of nine members under
clause 162 (1) (
c) of the Act. Fifty per cent plus one of those members must be
appointed by the Lieutenant Governor in Council from individuals who are
proposed by the Minister from recommendations made by the advisory committee
established by the Minister to make such recommendations.
Other
provisions include rules respecting the composition of the advisory committee
and the criteria the committee members must take into consideration when making
recommendations.
Bill 97 2026
Act to implement Budget measures, to enact,
amend or repeal various statutes and to revoke various regulations
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Bremner
Boulevard Act, 2026
Schedule 2
City
of Toronto Act, 2006
Schedule 3
Conservation
Authorities Act
Schedule 4
Corporations
Tax Act
Schedule 5
Financial
Administration Act
Schedule 6
Fiscal
Sustainability, Transparency and Accountability Act, 2019
Schedule 7
Freedom
of Information and Protection of Privacy Act
Schedule 8
Land
Transfer Tax Act
Schedule 9
Liquor
Tax Act, 1996
Schedule 10
Municipal
Act, 2001
Schedule 11
Municipal
Freedom of Information and Protection of Privacy Act
Schedule 12
Ontario
Loan Act, 2026
Schedule 13
Pension
Benefits Act
Schedule 14
Retail
Business Holidays Act
Schedule 15
Taxation
Act, 2007
Schedule 16
Ticket
Sales Act, 2017
Schedule 17
Workplace
Safety and Insurance Act, 1997
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3, and
the Schedules to this Act.
Commencement
(1) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Plan
to Protect Ontario Act (Budget Measures), 2026 .
SCHEDULE 1
BREMNER BOULEVARD ACT, 2026
CONTENTS
requirement for bus parking on block 18C
Extinguishment
of causes of action
Regulations,
contracts and agreements
Repeal
Commencement
Short
title
requirement for bus parking on block 18C
Section 10 (4) of City
of Toronto By-law No. 1994-0806 does not apply in respect of block 18C.
Extinguishment
of causes of action
(1) No cause
of action arises against a person set out in subsection (2) as a direct or
indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act or the Skydome Act (Bus Parking) 2002 ;
(
b) the
making, amendment or revocation of any provision of a regulation under this
Act; or
(
c) anything
done or not done in accordance with this Act, the Skydome
Act (Bus Parking), 2002 or a regulation under this Act.
Persons
referred to
(2) The
persons referred to in subsection (1) are,
(
a) the
Crown or any current or former member of the Executive Council or employee,
officer or agent of or advisor to the Crown; or
(
b) a
municipality or local board, or any current or former member of the council of
the municipality or of the local board, or employee, officer or agent of or
advisor to the municipality or local board.
remedy
(3) No
costs, compensation or damages, including for loss of revenue or profit or any
other alleged loss, whether direct or indirect, are owing or payable to any
person by a person referred to in subsection (1), and no remedy, including a
remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a
breach of trust or fiduciary obligation, any equitable remedy or any remedy
under any statute, is available to any person against any person referred to in
subsection (1) in connection with anything referred to in that subsection.
Proceedings
barred
(4) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (1) may be brought or maintained against any person
referred to in that subsection.
Application
(5) Subsections
(3) and (4) do not apply with respect to an application for judicial review or
a claim for a constitutional remedy, but do apply with respect to any other
court, administrative or arbitral proceeding claiming any remedy or relief,
including specific performance, an injunction, declaratory relief or the
enforcement of a judgment, order or award made outside Ontario.
Retrospective
effect – Skydome Act (Bus Parking), 2002
(6) Subsections
(1) to (4) apply to a cause of action in respect of the enactment, amendment or
repeal of any provision of the Skydome Act (Bus Parking),
2002 or anything done or not done in accordance with that Act regardless
of whether the cause of action arose before, on or after the day this
section
comes into force.
costs awarded
(7) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (4).
expropriation or injurious affection
(8) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(9) This
section does not apply with respect to proceedings brought by the Crown.
Certain
proceedings by municipalities not prevented
(10) This
section does not apply with respect to proceedings brought by a municipality
against,
(
a) any
current or former member of the council of the municipality or of a local board
of the municipality; or
(
b) any
current or former employee, officer or agent of or advisor to the municipality
or a local board of the municipality.
Certain
proceedings by local boards not prevented
(11) This
section does not apply with respect to proceedings brought by a local board
against,
(
a) any
current or former member of the local board; or
(
b) any
current or former employee, officer or agent of or advisor to the local board.
Regulations,
contracts and agreements
(1) The
Lieutenant Governor in Council may, in order to facilitate the development of
block 18C in the City of Toronto, make regulations that prescribe any contract
or agreement that relates to the development of block 18C.
What
regulation may contain
(2) A
regulation made under subsection (1) may,
(
a) terminate
the prescribed contract or agreement on a date provided for in the regulation;
(
b) suspend
all or part of the prescribed contract or agreement on the dates provided for
in the regulation; and
(
c) amend
all or part of the prescribed contract or agreement as specified in the
regulation.
Deemed
termination, suspension, amendment
(3) A
contract or agreement or part of a contract or agreement prescribed under
subsection (1) is deemed to have been terminated on a date or dates provided
for in the regulations, or, if the regulations so provide, is deemed to have
been amended or suspended, as the case may be, as provided for in the
regulations.
compensation
(4) Unless
provided for in the regulations, no compensation shall be paid to any person in
connection with a termination, amendment or suspension under this section.
Repeal
The Skydome Act (Bus Parking), 2002 is repealed.
Commencement
The Act set out in this
Schedule comes into force on the day the Plan to Protect Ontario Act (Budget
Measures), 2026 receives Royal Assent.
Short
title
The
short title of the Act set out in this
Schedule is the Bremner Boulevard Act, 2026 .
SCHEDULE 2
CITY OF TORONTO ACT, 2006
Section 97 of the City of Toronto Act, 2006 is
amended by adding the following subsections:
Limits
— Family Day and Victoria Day
(4) A
by-law respecting the closing of business establishments on a holiday is of no
effect to the extent that it provides for the closing of establishments on
Family Day or Victoria Day.
Transition
(5) For
greater certainty, subsection (4) applies to a by-law even if the by-law was
passed before subsection (4) came into force.
Commencement
This
Schedule comes into force on the day the Plan to Protect Ontario Act (Budget Measures), 2026
receives Royal Assent.
SCHEDULE 3
CONSERVATION AUTHORITIES ACT
(1) The definition of “authority” in
section 1 of the Conservation Authorities Act is amended by striking out
“established by or under” and substituting “established or continued under”.
(2) The
definition of “Minister” in
section 1 of the Act is repealed and the following
substituted:
“Minister”
means the Minister of the Environment, Conservation and Parks or such other
member of the Executive Council to whom responsibility for the administration
of this Act may be assigned or transferred under the Executive
Council Act ; (“ministre”)
The Act is amended by adding the following Part:
PART I.1
TRANSITION TO NEW AUTHORITIES
Interpretation
1.2
(1) In this
Part,
“new
authority” means an authority set out in Column 2 of the Table to
section 1.3;
(“ nouvel
office ”)
“predecessor
authority” means an authority set out in Column 1 of the Table to
section 1.3;
(“ office
remplacé ”)
“transition
committee” means, in respect of a new authority, the committee established
under subsection 1.6 (1) for that authority; (“ comité de transition ”)
“transition date” means February 1, 2027 or
such later date as may be prescribed by the regulations; (“ date de
transition ”)
Same
(2) Despite
the definition of “new authority” in subsection (1), a reference to a new
authority includes, where the context so requires, the authority as it is being
planned for before the amalgamation and continuation provided for under
subsection 1.3 (2) occur.
Amalgamation
of predecessor authorities
Interpretation
1.3
(1) In this
section,
(
a) a
reference to a predecessor authority’s new authority is a reference to the new
authority into which the predecessor authority is to be amalgamated; and
(
b) a
reference to a new authority’s predecessor authorities is a reference to the
predecessor authorities that are to be amalgamated into the new authority.
Amalgamations
(2) On
the transition date, the predecessor authorities set out in Column 1 of the
Table to this
section are amalgamated and continued as conservation authorities
under the applicable name set out opposite the predecessor authorities in
Column 2 of the Table.
Rules
(3) The
following rules apply on and after the transition date to each amalgamation:
1. All
rights, obligations, assets and liabilities of the predecessor authorities that
existed immediately before the transition date become the rights, obligations,
assets and liabilities of their new authority, and the new authority shall
stand in the place of its predecessor authorities for all purposes.
2. A
conviction against or a ruling, order or judgment in favour of or against one
of the predecessor authorities may be enforced by or against their new
authority.
3. A
new authority is deemed to be the party plaintiff or the party defendant, as
the case may be, in any civil action commenced by or against any of its
predecessor authorities before the transition date.
4. Persons
who are employees of the predecessor authorities immediately before the
transition date become employees of the predecessor authorities’ new authority
and, for all purposes, the employment of the employees immediately before and
after the transition date is continuous.
5. For
all purposes, including the provisions of an employment contract, a collective
agreement and the Employment Standards Act, 2000 ,
the employment of the employees referred to in paragraph 4 is not terminated or
severed and those employees are not constructively dismissed because the
predecessor authorities were amalgamated.
6. All
rights, duties and liabilities relating to all employees and former employees
of the predecessor authorities that are vested in or bind the predecessor
authorities immediately before the transition date are vested in or bind their
new authority instead of the predecessor authorities.
7. The
Public Sector Labour Relations Transition Act, 1997 ,
except for
section 36 of that Act, applies upon the amalgamation of the
predecessor authorities into their new authorities.
8. The amalgamation of the predecessor
authorities into their new authority is deemed to be a sale of business under
section 13.1 of the Pay Equity Act and that
section
applies to the amalgamation. Each of the predecessor authorities are deemed to
be a seller and the predecessor authorities’ new authority is deemed to be the
purchaser.
Section
69 of the Labour Relations Act, 1995 does not apply
to the amalgamation of the predecessor authorities into their new authority.
10. Any
advisory board of a predecessor authority is continued as an advisory board of
the predecessor authority’s new authority.
11. An
agreement or memorandum of understanding to which one of the predecessor
authorities was a party immediately before the transition date has effect as
if,
i. its
new authority was substituted for the predecessor authority as a party to the
agreement or memorandum of understanding, and
ii. any
reference in the agreement or memorandum of understanding to the predecessor
authority were a reference to its new authority.
12. The
amalgamation of the predecessor authorities into their new authority shall not
constitute a change of control of any of the predecessor authorities in respect
of any asset, liability, right or obligation of the predecessor authorities.
13. Despite
any other Act that requires notice or registration in respect of the
amalgamation of the predecessor authorities into their new authority, the
amalgamation is binding on their new authority and all other persons.
14. The
amalgamation of the predecessor authorities into their new authority is deemed
not to,
i. constitute
a breach, termination, repudiation or frustration of any agreement, including a
contract of employment or insurance or a collective agreement,
ii. create
any cause of action in favour of a party to an agreement with one of the
predecessor authorities that was entered into before the amalgamation,
iii. constitute
a breach of any Act, regulation or municipal by-law,
iv. constitute
an event of default or force majeure,
v. give
rise to a breach, termination, repudiation or frustration of any licence,
permit or other right,
vi. give
rise to any right to terminate or repudiate an agreement, licence, permit or
other right, or
vii. give
rise to any estoppel.
15. The
Land Transfer Tax Act and the Retail
Sales Tax Act do not apply to the amalgamation of the predecessor
authorities into their new authority.
16. The
area over which a new authority has jurisdiction is the area consisting of the
areas over which all of its predecessor authorities had jurisdiction
immediately before the transition date.
17. Despite
any designation of the participating municipalities of a predecessor authority
under this Act before the transition date, the participating municipalities of
a new authority shall be the single-tier municipalities and the upper-tier
municipalities that are located in whole or in part within its area of
jurisdiction.
18. Any
agreement between a predecessor authority and a lower-tier municipality under
section 21.1.2 that was in effect immediately before the transition date shall
continue to be in effect and is deemed to be an agreement between the new
authority of the predecessor authority and the upper-tier participating
municipality in which the lower-tier municipality is located.
19. Any
debt due to a predecessor authority immediately before the transition date,
including a debt due under
section 25, 27 or 27.2, becomes a debt due to the
predecessor authority’s new authority.
20. Any
application that was made before the transition date to a predecessor authority
for a permit to engage in an activity that would otherwise be prohibited under
section 28 that was not decided on before the transition date is continued as
an application to the predecessor authority’s new authority.
21. A
request for a hearing that was made to a predecessor authority or a hearing
that has commenced before a predecessor authority before the transition date
but that was not disposed of before the transition date is continued as a
request for a hearing to or a hearing before the predecessor authority’s new
authority.
22. If
a predecessor authority was a party to a hearing, review or appeal that was
requested or commenced before the transition date, its new authority is deemed
to be the party to the hearing, review or appeal.
23. Persons
who are appointed officers by a predecessor authority under
section 30.1
immediately before the transition date become officers appointed by the
predecessor authority’s new authority under
section 30.1.
24. Any
commencement of a proceeding under the Provincial Offences
Act by a predecessor authority is continued in the name of its new
authority.
25. Such
other rules, including transitional rules, as may be prescribed by the
regulations.
Public
Sector Labour Relations Transition Act, 1997
(4) For
the purposes of the Public Sector Labour Relations
Transition Act, 1997 and paragraph 7 of subsection (3),
(
a) the
predecessor authorities are the predecessor employers and their new authorities
are the successor employers; and
(
b) the
changeover date is the transition date.
TABLE
Amalgamation
Item
Column
Predecessor authorities to be amalgamated
Column
New authority
Central
Lake Ontario Conservation Authority
Toronto and Region Conservation Authority
Central
Lake Ontario Regional Conservation Authority
Office
régional de protection de la nature du centre du lac Ontario
Catfish
Creek Conservation Authority
Grand River Conservation Authority
Kettle Creek Conservation Authority
Long Point Region Conservation Authority
Eastern
Lake Erie Regional Conservation Authority
Office
régional de protection de la nature de l’Est du lac Érié
Cataraqui
Region Conservation Authority
Crowe Valley Conservation Authority
Ganaraska Region Conservation Authority
Kawartha Region Conservation Authority
Lower Trent Region Conservation Authority
Otonabee Region Conservation Authority
Quinte Conservation Authority
Eastern
Lake Ontario Regional Conservation Authority
Office
régional de protection de la nature de l’Est du lac Ontario
Ausable
Bayfield Conservation Authority
Grey Sauble Conservation Authority
Lake Simcoe Region Conservation Authority
Maitland Valley Conservation Authority
Nottawasaga Valley Conservation Authority
Saugeen Valley Conservation Authority
Lake
Huron Regional Conservation Authority
Office
régional de protection de la nature du lac Huron
Mattagami
Region Conservation Authority
Nickel District Conservation Authority
North Bay Mattawa Conservation Authority
Sault Ste. Marie Region Conservation Authority
Northeastern
Ontario Regional Conservation Authority
Office
régional de protection de la nature du Nord-Est de l’Ontario
Mississippi
Valley Conservation Authority
Raisin Region Conservation Authority
Rideau Valley Conservation Authority
South Nation River Conservation Authority
St.
Lawrence River Regional Conservation Authority
Office
régional de protection de la nature du fleuve Saint-Laurent
Essex
Region Conservation Authority
Lower Thames Valley Conservation Authority
St. Clair Region Conservation Authority
Upper Thames River Conservation Authority
Western
Lake Erie Regional Conservation Authority
Office
régional de protection de la nature de l’Ouest du lac Érié
Credit
Valley Conservation Authority
Halton Region Conservation Authority
Hamilton Region Conservation Authority
Niagara Peninsula Conservation Authority
Western
Lake Ontario Regional Conservation Authority
Office
régional de protection de la nature de l’Ouest du lac Ontario
Lakehead
Region Conservation Authority, continuation
1.4
(1) On the
transition date, the Lakehead Region Conservation Authority is continued as a
conservation authority under the name Northwestern Ontario Regional
nature du Nord-Ouest de l’Ontario in French.
Participating
municipalities
(2) The
participating municipalities of the Northwestern Ontario Regional Conservation
Authority shall be the municipalities that were the participating
municipalities of the Lakehead Region Conservation Authority immediately before
the transition date.
(1) The Act is amended by adding the following section:
First
members of new authority
1.5
(1) No later
than the day immediately before the transition date, the council of each
municipality that will be a participating municipality of a new authority shall
appoint to the new authority such number of members as determined in accordance
with subsections (3), (5) and (6), which members must be resident in a
participating municipality of the new authority.
Same,
Northwestern Ontario Regional Conservation Authority
(2) No
later than the day immediately before the transition date, the council of each
municipality that will be a participating municipality of the Northwestern
Ontario Regional Conservation Authority shall appoint to the authority such
number of members as determined in accordance with subsections (3), (5) and
(6), which members must be resident in a participating municipality of the
authority.
Minimum
number
(3) The
number of members to be appointed to the authority under subsection (1) or
(2) by each municipality that will be a participating municipality of the
applicable authority shall be determined in accordance with the method
prescribed by the regulations, but a minimum of one member shall be appointed
by the council of each municipality that will be a participating municipality.
Method
(4) The
method mentioned in subsection (3) for determining the number of members to be
appointed by each municipality that will be a participating municipality shall
be based on each municipality’s population within the authority’s area of
jurisdiction in proportion to the total population within that area of
jurisdiction.
Maximum
number, single participating municipality
(5) The
maximum number of members to be appointed to the authority by a single
municipality that will be a participating municipality is the number prescribed
by the regulations.
Same,
all participating municipalities
(6) The
maximum number of members to be appointed to the authority by all
municipalities that will be participating municipalities is the number
prescribed by the regulations.
Considerations
(7) When
appointing a person as a member of an authority under subsection (1) or (2) who
is not a member of the council of the participating municipality, the council
shall take into consideration,
(
a) the
person’s knowledge and experience in public administration, corporate
governance and finance;
(
b) the
person’s knowledge of programs and services provided by authorities; and
(
c) such
other matters as the Minister may prescribe by regulation.
Notice
(8) The
council shall, as soon as possible after making its appointments under this
section, give the Agency written notice of the appointments.
Term
(9) A
member shall be appointed for a term of up to four years, as may be determined
by the council that appoints the member.
Same
(10) A
member’s term begins at the first meeting of the new authority or the
Northwestern Ontario Regional Conservation Authority, as the case may be, and
expires immediately before the first meeting of that authority after the
appointment of their replacement.
Replacement
of member
(11) Despite
subsections (9) and (10), a member may be replaced by the council of the
participating municipality that appointed the member.
(2) Section
1.5 of the Act, as enacted by subsection (1), is repealed.
(1) The Act is amended by adding the following sections:
Transition
committees
1.6
(1) The
Agency shall, for each new authority, establish a committee in accordance with
this
section whose purpose is to prepare for the amalgamation of the
predecessor authorities into the new authority.
Appointments
by predecessor authorities
(2) No
later than 90 days after the day the Plan to Protect
Ontario Act (Budget Measures), 2026 receives Royal Assent, each
predecessor authority shall appoint the following individuals to be members of
the transition committee for its new authority:
1. One
of its members that is a member of a municipal council.
2. Subject
to subsection (3), the chief administrative officer or general manager of the
predecessor authority.
Same
(3) If
a predecessor authority is of the opinion that its chief administrative officer
or general manager is not available to serve on the transition committee, the
predecessor authority may instead appoint another officer or senior staff
member of the predecessor authority.
Same
(4) If
a predecessor authority does not appoint one or both of the individuals in
accordance with subsection (2) or (3), the Agency shall appoint any individuals
still required to be appointed under subsection (2) on behalf of the applicable
predecessor authority.
Replacement
of member
(5) A
member appointed under subsection (2) or (3) may be replaced by the predecessor
authority that appointed the member.
Agency
may appoint other individuals
(6) The
Agency may appoint such other individuals as it considers advisable to be
members of a transition committee.
Replacement
of member, Agency
(7) A
member appointed under subsection (4) or (6) may be replaced by the Agency.
Project
executive to chair transition committee
(8) The
Agency shall appoint an individual as a project executive for each transition
committee who shall serve as chair of the committee.
Project
executive not employee
(9) A
project executive appointed under subsection (8) is not an employee of the
Agency and shall be paid compensation and expenses as agreed to with the
Agency.
Replacement
of project executive
(10) The
Agency may replace an individual appointed under subsection (8) as a project
executive.
Dissolution
of transition committees
(11) The
Agency may dissolve a transition committee by providing written notice to the
members of the transition committee and the applicable new authority.
Same,
effective date
(12) The
effective date of a dissolution of a transition committee is the date specified
by the Agency in the notice, which date shall not be earlier than the
transition date.
Agency
direction to transition committee
1.7
(1) The
Agency may issue directions to a transition committee, the transition
committee’s project executive or to both, in accordance with this section,
governing the roles, responsibilities, practices and procedures of the
transition committee and project executive and requiring the transition
committee, project executive or both to take specified actions to prepare for
the amalgamation of the predecessor authorities into the new authority, which
may include actions respecting the development of a transition plan mentioned
in subsection 1.10 (1) and the plan’s contents.
Copy
of direction
(2) The
Agency shall provide a copy of each direction issued under this
section to the
transition committee’s project executive, every member of the transition
committee and to the chair of each of the new authority’s predecessor
authorities.
Compliance
(3) A
transition committee and a project executive shall comply with a direction
issued to them under this
section within the time specified in the direction.
General
or particular
(4) A
direction issued under this
section may be general or particular in its
application.
Non-application
of Legislation Act, 2006
(5) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to directions issued under this section.
Project
executive, etc may require information
1.8
(1) For the
purposes of ensuring a transition committee and its project executive satisfy
the requirements of this Act and any applicable directions of the Agency, the
project executive may require one or more of the new authority’s predecessor
authorities to provide information to the project executive at the time and in
the manner specified by the project executive.
Same
(2) Subsections
35.23 (2) to (8) apply in respect of a requirement by a project executive to
provide information under subsection (1), subject to necessary modifications.
Obligations
of predecessor authority
1.9 Every member, employee
and agent of a new authority’s predecessor authorities shall co-operate with
the new authority’s transition committee and the transition committee’s project
executive and shall assist the transition committee and the project executive
when requested by them for the purposes of ensuring the transition committee
and the project executive satisfy the requirements of this Act and any
applicable directions of the Agency.
Development
of transition plan
1.10
(1) Each
transition committee shall develop a transition plan to prepare for the
amalgamation of the predecessor authorities into its new authority.
Submission
to Agency
(2) The
transition committee shall submit the transition plan to the Agency for the
Agency’s review by the date specified by the Agency.
Revisions
to transition plan
(3) After
the Agency has reviewed the transition plan, the Agency shall,
(
a) provide
comments on the plan and may issue directions to the transition committee
respecting revisions that the committee must make to the plan including the
date by which the revisions must be made; or
(
b) confirm
that no revisions to the plan are necessary.
Same
(4) Upon
receipt of the Agency’s comments or a direction under subsection (3), the
transition committee shall revise the transition plan in accordance with the
direction, if any, and with regard to the Agency’s comments.
Development
of transition plan, Agency
(5) If
the transition committee does not submit a transition plan to the Agency for
the Agency’s review by the date specified by the Agency under subsection (2),
the Agency shall develop the transition plan on behalf of the committee.
Delivery
of transition plan
(6) After
receiving confirmation that no revisions are necessary under subsection (3) or
completing any revisions under subsection (4), the transition committee shall
provide a copy of the final transition plan to the new authority’s predecessor
authorities and the Agency by the date specified by the Agency.
Same
(7) If
the Agency develops a transition plan under subsection (5), the Agency shall
provide a copy of the final transition plan to the new authority’s predecessor
authorities and to the transition committee’s project executive.
Summary
of transition plan
(8) By
the date specified by the Agency, the transition committee shall provide a
summary of the final transition plan to the participating municipalities of the
new authority’s predecessor authorities and to the municipalities that will be
the participating municipalities of the new authority.
Same
(9) If
the Agency develops a transition plan under subsection (5), the Agency shall
provide a
summary of the final transition plan to the participating
municipalities of the new authority’s predecessor authorities and to the
municipalities that will be the participating municipalities of the new
authority.
Delivery
of transition plan to new authority
(10) On
or after the transition date, the transition committee’s project executive
shall provide a copy of the final transition plan to each member of the new
authority.
Implementation
of transition plan
1.11
(1) Each new
authority shall implement the final transition plan provided to its members
under subsection 1.10 (10), or the amended final transition plan if any
amendments are made to the plan under this section.
Request
for amendments
(2) The
new authority may request, in writing, that the Agency authorize the authority
to amend the final transition plan.
Contents
of request
(3) A
request under subsection (2) must identify the portions of the final transition
plan that the new authority wishes to amend, describe its proposed amendments
and explain the rationale for the proposed amendments.
Agency
review of request
(4) The
Agency shall consider a request under subsection (2) and do one or more of the
following by providing written notice to the new authority:
1. Authorize
the new authority to make some or all of the proposed amendments to the
transition plan.
2. Refuse
some or all of the proposed amendments to the transition plan.
3. Make
such amendments to the transition plan in respect of the request as the Agency
considers appropriate.
Progress
report
(5) The
new authority shall report to the Agency on its progress respecting
implementation of the transition plan in accordance with such requirements as
may be specified by the Agency.
First
chief administrative officer
1.12
(1) Despite
subsection 18 (1.1) and subject to subsections (2) and (3), starting on the
transition date, the project executive appointed in respect of a transition
committee for a new authority is the chief administrative officer of the new
authority for a term of two years.
Notice
re replacement of chief administrative officer
(2) During
the two-year term mentioned in subsection (1), the Agency may provide written
notice to the authority and the project executive that the project executive
mentioned in subsection (1) is no longer the chief administrative officer of
the authority, effective on such date as may be specified in the notice.
Same
(3) If
a notice is provided under subsection (2), the Agency may also include in the
notice to the authority the name of a new individual appointed by the Agency as
the chief administrative officer for the remainder of the two-year term
mentioned in subsection (1).
Same
(4) If
the notice does not identify an individual appointed as the chief
administrative officer, the authority shall appoint a chief administrative
officer for such term as the authority specifies.
Prohibitions
during transition period
Establishment
of authority
1.13
(1) Despite
sections 2, 3 and 9,
(
a) no
request shall be made to the Minister to call a meeting mentioned in subsection
2 (1) or
section 9;
(
b) the
Minister shall not call a meeting mentioned in subsection 2 (1) or
section 9;
and
(
c) no
conservation authority shall be established by the Lieutenant Governor in
Council under
section 3.
Enlargement
of authority’s area
(2) Despite
section 10,
(
a) no
council of a municipality shall call a meeting mentioned in subsection 10 (1);
and
(
b) no
resolution mentioned in subsection 10 (4) shall be passed.
Amalgamation
of authorities
(3) Despite
section 11,
(
a) no
authority or council of a municipality shall call a meeting mentioned in
subsection 11 (1); and
(
b) the
Minister shall not approve a resolution described in subsection 11 (4), with or
Dissolution
of authority
(4) Despite
section 13.1,
(
a) no
authority shall call a meeting mentioned in subsection 13.1 (1); and
(
b) the
Lieutenant Governor in Council shall not dissolve an authority under subsection
13.1 (6).
Minister’s
direction
1.14
(1) The
Minister may, for the purpose of facilitating the transition to a regional
watershed-based framework for authorities, issue a direction to an authority,
(
a) prohibiting
the authority from making a decision in relation to its exercise of any of its
powers under this Act or any other Act in the circumstances specified in the
direction and subject to any specified conditions;
(
b) requiring
the authority to give notice, in accordance with the direction, of a decision
that it has made;
(
c) requiring
the authority to send notices under subsection 25 (2), 27 (3) or 27.2 (3) by
the date specified in the direction;
(
d) governing
budgetary and apportionment matters relating to the authority that are
otherwise addressed in a regulation made under clause 40 (1) (c), (
e) or (
f) or
clause 40 (3) (k).
Same
(2) Without
limiting the generality of clause (1) (a), a direction under that clause may
require an authority to do any of the following before making a decision:
1. Notify
a person specified in the direction of the intended decision.
2. Give
a person specified in the direction information respecting the intended
decision.
3. Prohibit
the authority from making the decision until a person specified in the
direction gives the authority written authorization to do so.
Compliance
(3) An
authority that receives a direction under subsection (1) shall comply with the
direction within the time specified in the direction.
Expiry
(4) A
direction expires on the earlier of the expiration date specified in the
direction and the transition date.
Directions
prevail
(5) In
the event of a conflict between a direction issued under this
section and a
provision of this Act or the regulations, the direction prevails.
Contravention
of direction
(6) If
an authority makes a decision in contravention of a direction issued under
clause (1) (a), the authority’s decision has no effect and any agreement that
the authority enters into that is in contravention of the direction is void.
General
or particular
(7) A
direction issued under this
section may be general or particular in its
application.
Non-application
of Legislation
Act, 2006
(8) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to directions issued under this section.
Non-application
of Environmental Bill of Rights, 1993
(9) Part
II of the Environmental Bill of Rights, 1993 does
not apply to directions issued under this section.
(2) Sections
1.6 to 1.12 of the Act, as enacted by subsection (1), are repealed.
(3) Section
1.13 of the Act, as enacted by subsection (1), is repealed.
(4) Section
1.14 of the Act, as enacted by subsection (1), is repealed.
Subsection 3 (3) of the Act is repealed.
Sections 4 to 7 of the Act are repealed.
Section 14 of the Act is repealed and the following substituted:
Members of authority
(1) The
council of each participating municipality of an authority shall appoint to the
authority such number of members as determined in accordance with subsections
(2), (4) and (5) which members must be resident in a participating municipality
of the authority.
Minimum
number
(2) The
number of members to be appointed to the authority by each participating
municipality shall be determined in accordance with the method prescribed by
the regulations, but a minimum of one member shall be appointed by the council
of each participating municipality.
Method
(3) The
method mentioned in subsection (2) for determining the number of members to be
appointed by each participating municipality shall be based on each
municipality’s population within the authority’s area of jurisdiction in
proportion to the total population within that area of jurisdiction.
Maximum
number, single participating municipality
(4) The
maximum number of members to be appointed to the authority by a single
participating municipality is the number prescribed by the regulations.
Same,
all participating municipalities
(5) The
maximum number of members to be appointed to the authority by all participating
municipalities is the number prescribed by the regulations.
Agreement
on number of members
(6) Despite
subsections (1), (2) and (3), the number of members that each participating
municipality may appoint may be based on a method other than the method
prescribed by the regulations in circumstances where the following criteria are
satisfied:
1. All
the participating municipalities have entered into an agreement respecting the
method.
2. The
agreement does not provide for the number of members to be appointed to exceed
the maximum numbers provided for under subsections (4) and (5).
3. Such
other criteria as may be prescribed in the regulations.
Municipal
agreement
(7) If
the participating municipalities of an authority enter into an agreement
mentioned in subsection (6), the authority shall, within 60 days after the
agreement is executed,
(
a) provide
a copy of the agreement to the Agency; and
(
b) make
the agreement available to the public by posting it on the authority’s website
and by any other means the authority considers appropriate.
Considerations
(8) When
appointing a person as a member of the authority under subsection (1) who are
not members of the council of the participating municipality, the council shall
take into consideration,
(
a) the
person’s knowledge and experience in public administration, corporate
governance and finance;
(
b) the
person’s knowledge of programs and services provided by authorities; and
(
c) such
other matters as the Minister may prescribe by regulation.
Member
from agricultural sector appointed
(9) In
addition to the members of an authority appointed by a council under this
section, an additional member may be appointed to the authority by the Minister
as a representative of the agricultural sector.
Limitation
on voting
(10) The
member of an authority appointed under subsection (9) shall not vote on,
(
a) a
resolution to enlarge an authority’s area of jurisdiction that is presented at
a meeting called under
section 10;
(
b) a
resolution to amalgamate an authority with another authority that is presented
at a meeting called under
section 11;
(
c) a
resolution to dissolve the authority that is presented at a meeting called
under
section 13.1; or
(
d) a
resolution relating to any budgetary matter that is presented at a meeting held
under
section 16.
Term
(11) A
member shall be appointed for a term of up to four years, as may be determined
by the council that appoints the member or, in the case of a member appointed
under subsection (9), by the Minister.
Same
(12) A member’s term begins
at the first meeting of the authority after their appointment and expires
immediately before the first meeting of the authority after the appointment of
their replacement.
Replacement
of member
(13) Despite
subsections (11) and (12), a member may be replaced by the council of the
participating municipality that appointed the member or, in the case of a
member appointed under subsection (9), by the Minister.
Reappointment
(14) A
member is eligible to be reappointed.
Subsections 17 (1) to (1.3) of the Act are repealed and the following
substituted:
Chair,
vice-chair
(1) If,
at the first meeting held in each year or at such other meeting as may be
specified by the authority’s by-laws, there is a vacancy in the office of chair
or vice-chair, the authority shall appoint a chair and one or more vice-chairs,
as the case may be, from among the members of the authority.
Term
of chair, vice-chair
(1.1) A
chair or vice-chair appointed under subsection (1) shall hold office for a term
not exceeding two years and shall serve as chair or vice-chair for no more than
eight years in total, whether the years are served consecutively or otherwise.
Section 18 of the Act is amended by adding the following subsection:
Chief
administrative officer
(1.1) An
authority shall appoint a chief administrative officer who shall be responsible
for performing such duties as are assigned by the authority in the authority’s
by-laws.
The Act is amended by adding the following section:
Watershed councils
18.1
(1) An
authority shall, in accordance with the regulations, if any, establish one or
more watershed councils for the purposes of assisting the authority in
identifying local priorities with respect to its programs and services and to
ensure that local interests are considered as part of the authority’s
decision-making process.
Same
(2) An
authority shall comply with any requirements that may be prescribed by the
regulations with respect to the composition, functions, powers, duties,
activities and procedures of a watershed council.
(1) Subsection 19.1 (1) of the Act is amended by striking out the
portion before clause (
a) and substituting the following:
(1) An
authority shall make such by-laws as are necessary for its proper
administration, which may include,
. . . .
(2) Clause
19.1 (1) (
b) of the Act is amended by adding “and chief administrative officer”
at the end.
(3) Subsection
19.1 (5) of the Act is repealed.
Subsection 21.1 (2) of the Act is amended by striking out “Lake Simcoe Region
Conservation Authority” and substituting “Lake Huron Regional Conservation
Authority”.
Section 21.1.1 of the Act is amended by adding the following subsection:
Definition
(6) In
this section,
“municipality”
means a lower-tier municipality, an upper-tier municipality or a single-tier
municipality.
Section 21.1.4 of the Act is repealed.
(1) Subsection 25 (1.1) of the Act is amended by striking out
“subsections (1.2) and (1.3)” and substituting “subsection (1.2)”.
(2) Subsection
25 (1.3) of the Act is repealed.
(1) Subsection 27 (1.1) of the Act is amended by striking out
“subsections (1.2) and (1.3)” and substituting “subsection (1.2)”.
(2) Subsection
27 (1.3) of the Act is repealed.
(1) Subsection 35.16 (4) of the Act is amended by adding “within the
time specified in the direction” at the end.
(2) Section
35.16 of the Act is amended by adding the following subsection:
Non-application
of Environmental Bill of Rights, 1993
(9) Part
II of the Environmental Bill of Rights, 1993 does
not apply to directions issued under this section.
(1) Section 35.21 of the Act is amended by adding the following
subsection:
Non-application
of Environmental Bill of Rights, 1993
(6.1) Part
II of the Environmental Bill of Rights, 1993 does
not apply to the Minister’s consideration of a proposed direction under this
section or to any decision the Minister makes in respect of a proposed
direction.
(2) Subsection
35.21 (7) of the Act is amended by adding “within the time specified in the
direction” at the end.
(1) Clause 35.25 (1) (
a) of the Act is repealed and the following
substituted:
(
a) establish
and require the payment of fees in respect of any matter related to the
performance of its duties and the exercise of its powers under this Act,
including,
(
i) respecting
a direction issued under
section 35.21, and
(ii) respecting
the appointment of a project executive in relation to their role as chief
administrative officer under subsection 1.12 (1) and respecting any individual
appointed as a chief administrative officer under subsection 1.12 (3);
(2) Clause
35.25 (1) (
a) of the Act, as re-enacted by subsection (1), is repealed and the
following substituted:
(
a) establish
and require the payment of fees in respect of any matter related to the
performance of its duties and the exercise of its powers under this Act,
including respecting a direction issued under
section 35.21;
20 Subsection 39.2 (1) of the Act is repealed
and the following substituted:
personal liability
(1) No
cause of action arises against any current or former member, director, officer,
volunteer, employee or agent of the Agency, any person appointed as a member or
project executive of a transition committee established by the Agency under
section 1.6 or any person appointed to a council, committee or other body
established by the Agency under
section 35.11 for any act done in good faith in
the exercise or performance, or intended exercise or performance, of the
person’s powers, duties or functions under this Act or for any alleged neglect,
default or other omission in the exercise or performance in good faith of those
powers, duties or functions.
(1) Subsection 40 (1) of the Act is amended by adding the following
clauses:
(0.
a) prescribing
a date for the purposes of the definition of “transition date” in subsection
1.2 (1);
(0.
b) for
the purposes of
Part I.1,
(
i) prescribing
the method for determining the number of members to be appointed to an
authority under subsection 1.5 (3),
(ii) prescribing
the maximum number of members to be appointed to an authority under subsection
1.5 (5) by a single municipality that will be a participating municipality, and
(iii) prescribing
the maximum number of members to be appointed to an authority under subsection
1.5 (6) by all municipalities that will be participating municipalities;
(2) Clause
40 (1) (0.
a) of the Act, as enacted by subsection (1), is repealed.
(3) Clause
40 (1) (0.
b) of the Act, as enacted by subsection (1), is repealed.
(4) Subsection
40 (1) of the Act is amended by adding the following clauses:
(0.
c) prescribing
the method for determining the number of members to be appointed to an
authority under subsection 14 (2) by each participating municipality of the
authority;
(0.
d) prescribing
the maximum number of members to be appointed to an authority under subsection
14 (4) by a single participating municipality;
(0.
e) prescribing
the maximum number of members to be appointed to an authority under subsection
14 (5) by all participating municipalities of the authority;
(0.
f) prescribing
criteria for the purposes of paragraph 3 of subsection 14 (6);
(5) Subsection
40 (3) of the Act is amended by adding the following clause:
(0.
a) for
the purposes of
Part I.1,
(
i) prescribing
rules for the purposes for paragraph 25 of subsection 1.3 (3), and
(ii) prescribing
matters for the purposes of clause 1.5 (7) (c);
(6) Clause
40 (3) (0.
a) of the Act, as enacted by subsection (5), is repealed.
(7) Subsection
40 (3) of the Act is amended by adding the following clauses:
(0.
b) prescribing
matters for the purposes of clause 14 (8) (c);
(0.
c) governing watershed councils established
under
section 18.1, including,
(
i) governing
the number of watershed councils an authority may or must establish, including
setting a fixed number of councils, setting a minimum or maximum number of
councils or both, and
(ii) prescribing
requirements with respect to the composition, functions, powers, duties,
activities and procedures of any watershed council;
(8) Clause
40 (3) (
g) of the Act is repealed.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on a day to be named by order of the Lieutenant Governor in
Council.
(2) Sections
1 and 2, subsection 4 (1), sections 5, 8 and 13 to 18, subsection 19 (1),
section 20 and subsections 21 (1), (5) and (8) come into force on the day the Plan to Protect Ontario Act (Budget Measures), 2026
receives Royal Assent.
SCHEDULE 4
CORPORATIONS TAX ACT
(1) Subsection 74.2 (2) of the Corporations Tax
Act is amended by adding “subject to any regulations referred to in
subsection (3.5)” at the end of the portion before paragraph 1.
(2) Subsection
74.2 (3) of the Act is amended by adding “subject to any regulations referred
to in subsection (3.5)” at the end of the portion before paragraph 1.
(3) Subsection
74.2 (3.1) of the Act is repealed and the following substituted:
Election
by funded benefit plan
(3.1) A
planholder of a funded benefit plan may elect on or after April 1, 2026 to have
the rules in subsection (3.2) apply with respect to the plan by submitting an
election to the Minister in the form and manner approved by the Minister and at
such times as may be specified by the Minister.
Prescribed
limitations
(3.1.1) Subsection
(3.1) is subject to such limitations as may be prescribed by the Minister,
including limitations with respect to the types of funded benefit plans that
may make the election described in that subsection or the time period for which
such an election is effective.
(4) Paragraph
1 of subsection 74.2 (3.2) of the Act is amended by striking out “The
planholder’s” at the beginning and substituting “The amount of”.
(5) Paragraph
2 of subsection 74.2 (3.2) of the Act is amended by striking out “The
planholder’s” at the beginning and substituting “The amount of”.
(6) Paragraph
3 of subsection 74.2 (3.2) of the Act is amended by striking out “qualifying
trust” and substituting “benefit plan”.
(7) Section
74.2 of the Act is amended by adding the following subsections:
Regulations
(3.5) The
Minister may make regulations setting out rules that apply despite subsections
(3.3) and (3.4) with respect to the determination of the amount of tax payable
in circumstances where an election described in subsection (3.1) is made or
revoked.
Retroactive
(3.6) A
regulation made under subsection (3.5) is effective with reference to any
period after subsection 1 (7) of
Schedule 4 to the Plan to
Protect Ontario Act (Budget Measures), 2026 came into force, if it so
provides.
Revocation
Ontario Regulation 219/17 (Specified Benefit Plans That Are Qualifying Trusts —
Election Under Subsection 74.2 (3.1) of the Act) made under the Act is revoked.
Commencement
This
Schedule is deemed to have come into force on April 1, 2026.
SCHEDULE 5
FINANCIAL ADMINISTRATION ACT
(1) Subsection 3 (1) of the Financial
Administration Act is amended by striking out “and” at the end of clause
(h.1) and by adding the following clause:
(h.2) for
the purposes of the Protect Ontario Account Investment Fund established under
subsection 7.2 (1), securities, financial agreements, investments and evidences
of indebtedness, subject to any terms, conditions or restrictions prescribed by
the regulations made under this Act; and
(2) Section
3 of the Act is amended by adding the following subsection:
Exception,
Protect Ontario Account Investment Fund
(3.1) Subsection
(3) does not apply with respect to the purposes set out in clause (1) (h.2).
The Act is amended by adding the following section:
Protect
Ontario Account Investment Fund — designated purpose account
7.2
(1) The
Minister of Finance shall establish a designated purpose account to be known as
d'investissement du compte Protéger l'Ontario in French.
Authorized
funding
(2) The
Lieutenant Governor in Council may authorize that the Protect Ontario Account
Investment Fund be funded by such amounts as may be specified by the Lieutenant
Governor in Council and at such times and on such terms as the Minister of
Finance may determine.
Purpose
(3) The Minister of Finance may make expenditures
from the Protect Ontario Account Investment Fund for the purpose of making
investments that promote innovation, infrastructure development, long-term
economic growth and other strategic priorities of Ontario.
Expenditures
(4) The
money required for the purpose set out in subsection (3) is a charge on and
payable out of the Consolidated Revenue Fund.
Investment
proceeds
(5) Any
proceeds from the sale of investments mentioned in subsection (3), and any
other return on investments or returns in respect of the investment powers
authorized under clause 3 (1) (h.2), are a charge on and payable out of the
Consolidated Revenue Fund and shall be added to the Protect Ontario Account
Investment Fund.
Same
(6) Despite
subsection (5), the Minister may direct that any portion of the proceeds or
returns are to be held in the Consolidated Revenue Fund and not in the Protect
Ontario Account Investment Fund.
Clause 11.4.1 (3) (
b) of the Act is repealed and the following substituted:
(
b) in
respect of a financial obligation incurred contrary to subsection 11.3 (1) or
section
Section 28 of the Act is repealed and the following substituted:
Transition,
continued application of s. 28 (2)
Subsection
28 (2), as it read immediately before the day
section 4 of
Schedule 5 to the Plan to Protect Ontario Act (Budget Measures), 2026 came
into force, continues to apply with respect to financial arrangements,
financial commitments, guarantees, indemnities and similar transactions that
were entered into before that day.
Subsection 38 (1) of the Act is amended by adding the following clause:
(a.6) prescribing
terms, conditions and restrictions for the purposes of clause 3 (1) (h.2);
Consequential
Amendments
Stronger,
Healthier Ontario Act (Budget Measures), 2017
Sections 1 and 2 of
Schedule 10 to the Stronger, Healthier
Ontario Act (Budget Measures), 2017 are repealed.
Connecting
Care Act, 2019
(1) Subsection 14 (1) of the Connecting Care
Act, 2019 is amended by striking out “Subject to subsection (2)” at the
beginning.
(2) Subsection
14 (2) of the Act is repealed.
(3) Subsection
27.17 (1) of the Act is amended by striking out “Subject to subsection (2)” at
the beginning.
(4) Subsection
27.17 (2) of the Act is repealed.
Conservation
Authorities Act
Subsection 35.3 (2) of the Conservation Authorities Act
is repealed.
Electricity
Act, 1998
(1) Section 51 of the Electricity Act, 1998
is repealed.
(2) Subsection
122 (3) of the Act is repealed.
Province
of Ontario Savings Office Privatization Act, 2002
Section 4 of the Province of Ontario Savings Office
Privatization Act, 2002 is repealed.
Revocations
The following regulations are revoked:
1. Ontario
Regulation 299/18 (Section 28 Exemptions — Greenhouse Gas Campus Retrofits
Program) made under the Act.
2. Ontario
Regulation 376/18 (Section 28 Exemptions — Colleges) made under the Act.
3. Ontario
Regulation 219/21 (Section 28 Exemptions — Certain Transactions Involving the
Minister of Finance, the Ontario Financing Authority and Ontario Electricity
Financial Corporation) made under the Act.
4. Ontario
Regulation 195/24 (Section 28 Exemptions — Clinical Tools Agreements) made
under the Act.
5. Ontario
Regulation 31/25 (Section 28 Exemptions — Certain Trade Show Agreements) made
under the Act.
6. Ontario
Regulation 392/25 (Section 28 Exemptions — Building Ontario Fund) made under
the Act.
Commencement
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Plan to Protect Ontario
Act (Budget Measures), 2026 receives Royal Assent.
(2) Sections
3, 4 and 7 to 11 come into force on a day to be named by order of the
Lieutenant Governor in Council.
SCHEDULE 6
FISCAL SUSTAINABILITY, TRANSPARENCY AND ACCOUNTABILITY ACT, 2019
Paragraph 2 of subsection 7 (2) of the Fiscal
Sustainability, Transparency and Accountability Act, 2019 is repealed
and the following substituted:
2. A
progress update, including metrics, respecting the debt burden reduction
strategy that was included in the previous budget.
Commencement
This
Schedule is deemed to have come into force on March 26, 2026.
SCHEDULE 7
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
Subsection 1.1 (2) of the Freedom of Information and
Protection of Privacy Act is amended by striking out “36, 44, 45 and 46”
and substituting “and 36”.
(1) The definition of “personal information bank” in subsection 2
(1) of the Act is repealed.
(2) Clause
(
a) of the definition of “record” in subsection 2 (1) of the Act is repealed
and the following substituted:
(
a) data,
in any form, and any record made, recorded, transmitted or stored in digital
form or in other intangible form by electronic, magnetic, optical or any other
means, and
(3) Section
2 of the Act is amended by adding the following subsection:
Business
days
(5) For
the purposes of this Act, a business day is any day that is not a Saturday or a
holiday.
(1) Subsection 24 (2) of the Act is repealed and the following
substituted:
Assistance
with request
(2) An
institution shall make reasonable efforts to assist a person with formulating a
request so as to comply with subsection (1) and shall, for that purpose,
(
a) respond,
as soon as possible in the circumstances, to any inquiries from the person
about formulating such a request; and
(
b) if
a request is made that does not sufficiently describe the record sought, inform
the person of the defect and offer assistance in reformulating the request.
(2) The
striking out “applicant” wherever it appears and substituting in each case
“person who made the request”.
4 The Act is amended by adding the following
sections:
Plan
for staged access to records
24.1
(1) The head
of an institution may, before the expiry of the time limit set out in
section
26 or, where there has been an extension of a time limit under subsection 27
(1) or (1.1), within that extended time limit, respond to a request for records
by proposing a plan for providing access to the records in stages if,
(
a) the
time required to search for responsive records would unreasonably interfere
with the regular duties of employees of the institution;
(
b) the
scope of the request is overly broad because of the period of time it covers;
(
c) the
preparation of responsive records for disclosure would unreasonably interfere
with the operations of the institution due to their volume; or
(
d) the
person who made the request has submitted other requests to the institution and
the person’s requests would, collectively, unreasonably interfere with the
operations of the institution.
Nature
of access plan
(2) The
plan respecting access to records referred to in subsection (1) shall,
(
a) divide
the request into separate categories of records and set out the areas of the
institution to be searched for those records; and
(
b) establish
a
schedule that sets out,
(
i) whether
or not access to records, or parts of those records, will be given or an
indication of when such decisions respecting access to records will be made,
and
(ii) when
access to the records, or parts of those records, is to be given or, if
necessary, when the records, or parts of those records, are to be produced.
Written
notice
(3) The
head shall give written notice of the decision to establish a plan respecting
access to records referred to in subsection (1) that sets out the plan as well
as a statement that the person who made the request may appeal the decision to
the Commissioner within 30 business days after the notice was given.
Same,
amendment to plan
(4) If
the head amends a plan respecting access to records referred to in subsection
(1), the head shall give written notice of the decision to amend the plan that
sets out the amended plan as well as, if the plan is being amended for the
first time, a statement that the person who made the request may appeal the
decision to the Commissioner within 30 business days after the notice was
given.
Requester’s
response to plan
24.2
(1) Where
the head of an institution proposes a plan for providing access to records in
stages under
section 24.1 or proposes amendments to such a plan, the person who
requested the records shall, within 30 business days after receiving the plan
and any proposed amendments to the plan, respond in writing to the head or, in
the case of a decision to propose a plan for providing access to records in
stages under
section 24.1 or a decision to amend such a plan for the first
time, appeal the decision to the Commissioner.
Content
of response
(2) When
responding in writing to the head under subsection (1), the person shall,
(
a) indicate
their acceptance of the plan;
(
b) propose
amendments to the plan; or
(
c) modify
the scope of their request.
Effect
on time limit
(3) At
the end of the day on which a proposed plan for providing access to records in
stages under
section 24.1 is sent by the institution, the time limit within
which notice is required to be given under
section 26 stops running and resumes
running on the day on which the response under subsection (1) is received by
the head or, if that day is not a business day, on the next business day
following that day.
Lack
of response
(4) The
person who made the request is deemed to have abandoned the request if,
(
a) the
person has not responded to the head in writing within the time frame
established under subsection (1) or the person’s response to the head made
within that time frame does not comply with subsection (2); and
(
b) in
the case of a decision to propose a plan for providing access to records in
stages under
section 24.1 or a decision to amend such a plan for the first
time, the person has not appealed the decision to the Commissioner.
Implementation
of plan
(5) The
head of an institution may implement a plan for providing access to records in
stages if the person who requested the records responds to the head under
subsection (1) by indicating that the person accepts the plan.
(1) Section 25 of the Act is amended by striking out “fifteen days”
wherever it appears and substituting in each case “15 business days”.
(2) Section
25 of the Act is amended by adding the following subsection:
Transition,
business days
(6) This
section, as it read immediately before the day
section 5 of
Schedule 7 to the Plan to Protect Ontario Act (Budget Measures), 2026 came
into force, continues to apply to requests for access to a record received by
an institution before that day.
(1) Section 26 of the Act is amended by striking out “thirty days”
in the portion before clause (
a) and substituting “45 business days”.
(2) Section
26 of the Act is amended by adding the following subsections:
Same
(2) A
request is only received for the purposes of subsection (1) once the person who
made the request has complied with subsection 24 (1).
Transition,
business days
(3) This
section, as it read immediately before the day
section 6 of
Schedule 7 to the Plan to Protect Ontario Act (Budget Measures), 2026 came
into force, continues to apply to requests for access to a record made or
forwarded to the head of the institution before that day.
(1) Section 27 of the Act is amended by adding the following
subsection:
Same,
second extension
(1.1) If
the time limit has been extended under subsection (1), the head may extend the
time limit one additional time in any of the following circumstances:
1. The
person who made the request consents to the extension.
2. The
number of records identified as being responsive to the request is
significantly more than the number of records initially identified.
3. One
of the following circumstances arises, provided that it was not reasonably
foreseeable when the time limit was extended under subsection (1) that the
circumstance would arise:
i. Employees
knowledgeable in the subject matter of the request are unable to assist with
responding to the request.
ii. Additional
consultations become necessary to respond to the request.
(2) Subsection
27 (2) of the Act is amended by adding “or (1.1)” after “under subsection (1)”
in the portion before clause (a).
(1) Section 28 of the Act is amended by striking out “days” wherever
it appears and substituting in each case “business days”.
(2) Section
28 of the Act is amended by adding the following subsection:
Transition,
business days
(12) This
section, as it read immediately before the day
section 8 of
Schedule 7 to the Plan to Protect Ontario Act (Budget Measures), 2026 came
into force, continues to apply to requests for access to a record received by
an institution before that day.
Clause 31 (
c) of the Act is amended by striking out “34 and 45” and
substituting “and 34”.
Clause 34 (2) (
d) of the Act is repealed and the following substituted:
(
d) the
number of uses or purposes for which personal information is disclosed where
the use or purpose is not included in any written public statement provided
under subsection 16 (1) of the Personal Health Information
Protection Act, 2004 by a health information custodian within the
meaning of the Personal Health Information Protection Act,
2004 that is acting as part of the institution;
Subsection 35 (1) of the Act is amended by striking out “32 and 45” and
substituting “and 32”.
Subsection 36 (1) of the Act is amended by striking out “32 and 45” and
substituting “and 32”.
13 (1) Subsection 42 (1) of the Act
is amended by adding the following clause:
(d.1) to
an employee in an institution that is a ministry of the Government of Ontario
if,
(
i) the
employee had, immediately before being employed in the institution, been
employed in another ministry of the Government of Ontario or is temporarily
assigned to the institution from another ministry of the Government of Ontario,
(ii) the
personal information is stored in an online account associated with the
employee’s email address to which the employee had access as part of their
functions in the other ministry of the Government of Ontario,
(iii) the
disclosure occurs as a result of the employee’s continued access to the
account, and
(iv) if
the responsible minister has established guidelines with respect to the
disclosure of personal information under this clause, the guidelines have been
complied with;
(2) Section
42 of the Act is amended by adding the following subsections:
Non-application
of the Legislation Act, 2006 to guidelines
(4) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to the guidelines mentioned in subclause 42 (1) (d.1) (iv).
Publicly
available
(5) If
the responsible minister establishes guidelines for the purposes of clause 42
(1) (d.1), the responsible minister shall make the guidelines available on a
Sections 44 to 46 of the Act are repealed.
Subsection 47 (1) of the Act is repealed and the following substituted:
Rights
of access and correction
Right
of access to personal information
(1) Every
individual has a right of access to any personal information about the
individual in the custody or under the control of an institution with respect
to which the individual is able to provide sufficiently specific information to
render it reasonably retrievable by the institution.
Clause 48 (1) (
b) of the Act is amended by striking out “identify the personal
information bank or otherwise” at the beginning.
(1) Subsection 49.1 (1) of the Act is amended by adding the
following definition:
“Chief
Digital and Data Officer” means the Chief Digital and Data Officer appointed
under subsection 3 (1) of the Simpler, Faster, Better
Services Act, 2019 ; (“directeur du numérique et des données”)
(2) The
definition of “data standards” in subsection 49.1 (1) of the Act is repealed
and the following substituted:
“data
standards” means the data standards established by the Chief Digital and Data
Officer under subsection 49.14 (1); (“normes relatives aux données”)
Paragraph 1 of subsection 49.5 (1) of the Act is repealed and the following
substituted:
1. A
member of a multi-sector data integration unit or a ministry data integration
unit may not collect personal information unless the data standards have been
established by the Chief Digital and Data Officer.
Paragraphs 1 to 4 of subsection 49.6 (1) are repealed and the following
substituted:
1. Create
a record containing the minimal amount of personal information necessary for
the purpose of linking it to other information.
2. Link
the relevant information.
3. De-identify
the personal information.
4. Promptly
and securely destroy, in accordance with the data standards, any record created
under paragraph 1 that contains personal information.
(1) Subsections 49.12 (2) and (2.1) of the Act are repealed and the
following substituted:
Mandatory
reviews, transition
(2) The
Commissioner shall cease any review of the practices and procedures of a
multi-sector data integration unit under subsection (2), as it read before the
day
section 20 of
Schedule 7 to the Plan to Protect
Ontario Act (Budget Measures), 2026 came into force, commenced by the
Commissioner before that day.
(2) Subsection
49.12 (3) of the Act is amended by striking out “shall” and substituting “may”.
Section 49.13 of the Act is amended by adding the following subsection:
Chief
Digital and Data Officer’s annual report
(3) The
Chief Digital and Data Officer shall ensure that, on or before September 1 in
each year, an annual report of the activities of data integration units over
the course of the previous year is prepared and provided to the Commissioner.
(1) Subsections 49.14 (1) and (2) of the Act are repealed and the
following substituted:
Data
standards
(1) The
Chief Digital and Data Officer shall establish data standards providing for
anything referred to in this Part as being provided for in the data standards
for use in connection with this Part when,
(
a) collecting,
using and disclosing personal information;
(
b) linking
and de-identifying personal information;
(
c) reporting
publicly on the use of personal information;
(
d) securely
retaining personal information, including providing for a minimum retention
period for personal information; and
(
e) securely
disposing of personal information.
Publicly
available
(2) The
Chief Digital and Data Officer shall make the data standards available on a
(2) Section
49.14 of the Act is amended by adding the following subsection:
Transition,
data standards
(5) If,
on the day
section 22 of
Schedule 7 to the Plan to Protect
Ontario Act (Budget Measures), 2026 comes into force, the Chief Digital
and Data Officer has not established data standards under subsection (1), the
data standards approved by the Commissioner under that subsection, as it read
immediately before that day, that were in force immediately before that day are
deemed to have been established by the Chief Digital and Data Officer.
The Act is amended by adding the following section:
Commissioner’s
comments and recommendations
49.14.1 The Commissioner may
make comments or recommendations on the privacy implications of any matter
related to this Part, including any matter related to the data standards.
(1) Section 50 of the Act is amended by adding the following
subsection:
Limit
on right of appeal
(1.0.2) Despite
subsection (1), a decision of a head to amend a plan for providing access to
the records in stages referred to in subsection 24.1 (1) after the plan has
already been amended once by the head may not be appealed to the Commissioner.
(2) Subsection
50 (2) of the Act is amended by striking out “thirty days” and substituting “30
business days”.
(3) Section
50 of the Act is amended by adding the following section:
Transition,
business days
(2.0.2) Subsection
(2), as it read immediately before the day
section 24 of
Schedule 7 to the Plan to Protect Ontario Act (Budget Measures), 2026 came
into force, continues to apply in respect of notices given before that day.
Subsection 57 (3) of the Act is repealed and the following substituted:
Estimate
of costs
(3) If
the head estimates that the amount required to be paid under this Act is over
$25, the head shall, before giving access to a record,
(
a) give
the person requesting access a reasonable estimate of the amount; and
(
b) inform
the person that they may request that the head waive the payment of all or any
part of the amount.
Timing
of estimate
(3.1) The
estimate shall be given before the expiry of the time limit set out in
section
26 or, where there has been an extension of a time limit under subsection 27
(1) or (1.1), within that extended time limit.
Effect
on time limit
(3.2) At
the end of the day on which the estimate is given, the time limit within which
notice is required to be given under
section 26 stops running and resumes
running on the day on which any fee required under this
section is paid or
waived or, if that day is not a business day, on the next business day
following that day.
(1) Clause 58 (2) (0.
a) of the Act is amended by adding “of this Act
or under
section 38.1 of the Municipal Freedom of
Information and Protection of Privacy Act ” at the end.
(2) Section
58 of the Act is amended by adding the following subsection:
Institution
(5) In
this section,
“institution”
includes an institution as defined in
section 2 of the Municipal
Freedom of Information and Protection of Privacy Act .
Clause 61 (1) (
b) of the Act is repealed.
(1) Section 65 of the Act is amended by adding the following
subsections:
Records in the custody of a minister, etc.
(18) This Act does not apply to,
(
a) a
record in the custody of a minister of the Crown or the minister’s office; or
(
b) a
record under the control of a minister of the Crown or the minister’s office
unless the record is in the custody of the rest of the institution of which the
minister is the head or any other institution.
Exception
not affected by control of institution
(19) For
greater certainty, clauses (18) (
a) and (
b) apply with respect to a record in
the custody or under the control of a minister or the minister’s office even if
the record is under the control of the rest of the institution of which the
minister is the head or any other institution.
Parliamentary
assistants, etc.
(20) Subsections
(18) and (19) apply, with necessary modifications, with respect to a record in
the custody or under the control of a parliamentary assistant appointed to
assist a minister of the Crown or the parliamentary assistant’s office.
Transition
(21) The
following transitional rules apply with respect to records described in
subsection (18), including as applicable under subsection (20):
1. For
greater certainty, subsection (18) applies with respect to a record described
in that subsection even if the record was created before the Plan to Protect Ontario Act (Budget Measures), 2026
received Royal Assent.
2. For
greater certainty, a person who, before the day the Plan
to Protect Ontario Act (Budget Measures), 2026 received Royal Assent,
had a right of access under this Act to a record described in subsection
(18) ceases to have such a right, even if the person made a request for access
before that day.
3. An
order or decision made under this Act before the day the Plan
to Protect Ontario Act (Budget Measures), 2026 received Royal Assent is
of no effect to the extent that it provides that this Act applies with respect
to a record described in subsection (18) or to the extent that it provides
access or a right of access to such a record under this Act.
4. An
order or decision made before the day the Plan to Protect
Ontario Act (Budget Measures), 2026 received Royal Assent in any
proceeding is of no effect to the extent that it provides that this Act applies
with respect to a record described in subsection (18) or to the extent that it
provides access or a right of access to such a record under this Act.
(2) Section
65 of the Act is amended by adding the following subsections:
Non-application
of Act, Enhancing Digital Security and Trust Act, 2024
(22) This
Act does not apply to the following records prepared or collected under the Enhancing Digital Security and Trust Act, 2024 :
1. Records
containing the names of employees designated as primary points of contact for
ensuring cyber security within each public sector entity and their alternates.
2. Assessments
or evaluations of a public sector entity’s status or progress with respect to
cyber security or summaries of such assessments or evaluations.
3. Records
containing the names of software applications that have been purchased or
otherwise acquired by school boards, that are owned or operated by third
parties and that are authorized to access a student’s personal information.
4. Any
other records the disclosure of which could reasonably be expected to
compromise cyber security for a public sector entity.
Interpretation
(23) Terms
used in subsection (22) that are defined in the Enhancing
Digital Security and Trust Act, 2024 have the same meaning as in that
Act.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the later of July 1, 2026 and the day the Plan to Protect Ontario Act (Budget Measures), 2026
receives Royal Assent.
(2) Subsection
28 (1) is deemed to have come into force on January 1, 1988.
(3) Section
13 and sections 17 to 23 come into force on the later of September 15, 2026 and
the day the Plan to Protect Ontario Act (Budget Measures),
2026 receives Royal Assent.
SCHEDULE 8
LAND TRANSFER TAX ACT
The definition of “foreign national” in subsection 1 (1) of the Land Transfer Tax Act is amended by striking out “the Immigration and Refugee Protection Act (Canada)” at the
end and substituting “the Immigration and Refugee
Protection Act (Canada), but does not include a person registered as an
Indian under the Indian Act (Canada)”.
Commencement
This
Schedule is deemed to have come into force on March 26, 2026.
SCHEDULE 9
LIQUOR TAX ACT, 1996
The
definitions of “non-refillable container” and “spirits cooler” in
subsection 17 (1) of the Liquor Tax Act, 1996 are
repealed.
(1) Clause 21 (2) (
a) of the Act is amended by striking out “72.45”
at the beginning and substituting “90”.
(2) Clause
21 (2) (
b) of the Act is amended by striking out “89.74 cents” at the beginning
and substituting “$1.18”.
(1) Paragraph 1 of subsection 22 (1) of the Act is amended by
striking out “54.47” and substituting “54”.
(2) Paragraph
2 of subsection 22 (1) of the Act is amended by striking out “69.86” and
substituting “72”.
(3) Subsection
22 (2.1) of the Act is repealed.
Sections 23 and 24 of the Act are repealed.
The Act is amended by adding the following section:
Transition,
rates implemented by the Plan to Protect Ontario Act
(Budget Measures), 2026
25.1
(1) If a
collector sells beer to a purchaser on or after April 1, 2026 and the beer was
received by a collector before April 1, 2026, the tax payable by the purchaser
shall be calculated using the taxes and rates that were in effect on March 31,
Same
(2) If,
on or after April 1, 2026 and before the day on which the Plan
to Protect Ontario Act (Budget Measures), 2026 receives Royal Assent, a
collector collects an amount on account of tax under
section 30 in respect of
beer or a purchaser pays tax imposed under this Act in respect of the purchase
of beer and if subsection (1) does not apply to the beer in respect of which
the tax is collected or paid, the following rules apply:
1. The
amount by which the amount collected or paid under this Act as it read
immediately before being amended by
Schedule 9 to the Plan
to Protect Ontario Act (Budget Measures), 2026 exceeds the amount of tax
that the collector or purchaser would have had to collect or pay under this
Act, as amended by that Schedule, is deemed not to have been collected on
account of tax or paid as a tax.
2. The
amount referred to in paragraph 1 is deemed to have been collected or paid as
part of the purchase price otherwise owing in respect of the beer.
(1) Subsection 27 (2.2) of the Act is repealed.
(2) Subsection
27 (3) of the Act is repealed and the following substituted:
Retail
price of wine or wine cooler, etc.
(3) The
retail price of wine or wine cooler sold to a purchaser from a winery retail
store is the amount calculated using the formula,
– B – C) ÷ (1 +
D) which,
“A” is
the amount charged to the purchaser,
“B” is
the amount of any deposit on the container containing the wine or wine cooler
that is required to be collected or remitted under any deposit return program
established under the Liquor Licence and Control Act, 2019 ,
“C” is
the amount of tax imposed under
Part IX of the Excise Tax
Act (Canada) in respect of the purchase of the wine or wine cooler
determined by,
i. dividing
the amount that remains after subtracting B from A by the sum of the tax rate
under
Part IX of the Excise Tax Act (Canada) plus
ii. multiplying
the result by the tax rate under
Part IX of the Excise Tax
Act (Canada), and
iii. rounding
the result to the nearest cent, and
“D” is
the basic tax rate that applies to the wine or wine cooler under this section.
Sections 28 and 29 of the Act are repealed.
Subsections 29.1 (1) and (2) of the Act are repealed and the following
substituted:
Basic
tax
Spirits,
general
(1) A
purchaser who purchases spirits from a distillery retail store shall pay a
basic tax in respect of the purchase at the basic tax rate of,
(a) 20
per cent of the retail price of the spirits, if the spirits contain 7.1 per
cent alcohol by volume or less;
(b) 25
per cent of the retail price of the spirits, if the spirits contain more than
7.1 per cent alcohol by volume but not more than 18 per cent alcohol by volume;
(c) 30.75
per cent of the retail price of the spirits, if the spirits contain more than
18 per cent alcohol by volume.
Retail
price of spirits
(2) The
retail price of spirits sold to a purchaser from a distillery retail store is
the amount calculated using the formula,
– B – C) ÷ (1 +
D) which,
“A” is
the amount charged to the purchaser,
“B” is
the amount of any deposit on the container containing the spirits that is
required to be collected or remitted under any deposit return program
established under the Liquor Licence and Control Act, 2019 ,
“C” is
the amount of tax imposed under
Part IX of the Excise Tax
Act (Canada) in respect of the purchase of the spirits determined by,
i. dividing
the amount that remains after subtracting B from A by the sum of the tax rate
under
Part IX of the Excise Tax Act (Canada) plus
ii. multiplying
the result by the tax rate under
Part IX of the Excise Tax
Act (Canada), and
iii. rounding
the result to the nearest cent, and
“D” is
the basic tax rate that applies to the spirits under this section.
Section 29.2 of the Act is repealed and the following substituted:
Transition,
Wine and Spirits
Transition,
rates implemented by the Plan to Protect Ontario Act
(Budget Measures), 2026
29.2 If, on or after April
1, 2026 and before the day on which the Plan to Protect
Ontario Act (Budget Measures), 2026 receives Royal Assent, a purchaser pays
tax imposed under this Act in respect of the purchase of wine, wine cooler or
spirits, the amount by which the amount paid under this Act, as it read
immediately before being amended by
Schedule 9 to the Plan
to Protect Ontario Act (Budget Measures), 2026 , exceeds the amount of
tax that the purchaser would have had to pay under this Act, as amended by that
Schedule, is deemed not to have been paid as a tax but rather to have been paid
as part of the purchase price otherwise owing in respect of the wine, wine
cooler or spirits.
Section 29.3 of the Act is repealed.
Subsection 29.4 (1) of the Act is amended by striking out “29.3” and
substituting “29.1”.
Clause 71 (1) (
b) of the Act is amended by striking out “a beverage from the
definition of “spirits cooler””.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on April 1, 2026 or, if the Plan to
Protect Ontario Act (Budget Measures), 2026 receives Royal Assent after
that day, this
Schedule is deemed to have come into force on that day.
(2) Section
1, subsections 3 (3) and 6 (1) and
section 12 come into force on the day the Plan to Protect Ontario Act (Budget Measures), 2026
receives Royal Assent.
SCHEDULE 10
MUNICIPAL ACT, 2001
(1) The definition of “holiday” in
subsection 148 (2) of the Municipal Act, 2001 is
repealed.
(2) Section
148 of the Act is amended by adding the following subsection:
Definition
of “holiday” in subss. (3) and (3.1)
(3.2) In
subsections (3) and (3.1),
“holiday”
has the same meaning as in subsection 1 (1) of the Retail
Business Holidays Act .
(3) Section
148 of the Act is amended by adding the following subsections:
Limits
— Family Day and Victoria Day
(6) A
by-law respecting the closing of retail business establishments on a holiday is
of no effect to the extent that it provides for the closing of establishments
on Family Day or Victoria Day.
Transition
(7) For
greater certainty, subsection (6) applies to a by-law even if the by-law was
passed before subsection (6) came into force.
Commencement
This
Schedule comes into force on the day the Plan to
Protect Ontario Act (Budget Measures), 2026 receives Royal Assent.
SCHEDULE 11
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
(1) Subsection 2 (1) of the Municipal Freedom
of Information and Protection of Privacy Act is amended by adding the
following definition:
“information
practices” means the practices and procedures of an institution for actions in
relation to personal information, including,
(
a) when,
how and the purposes for which the institution collects, uses, modifies,
discloses, retains or disposes of personal information, and
(
b) the
administrative, technical and physical safeguards and practices that the
institution maintains with respect to protecting the information; (“pratiques
relatives aux renseignements”)
(2) The
definition of “personal information bank” in subsection 2 (1) of the Act is
repealed.
(3) Clause
(
a) of the definition of “record” in subsection 2 (1) of the Act is repealed
and the following substituted:
(
a) data,
in any form, and any record made, recorded, transmitted or stored in digital
form or in other intangible form by electronic, magnetic, optical or any other
means, and
(4) Section
2 of the Act is amended by adding the following subsection:
Business
days
(4) For
the purposes of this Act, a business day is any day that is not a Saturday or a
holiday.
(1) Subsection 17 (2) of the Act is repealed and the following
substituted:
Assistance
with request
(2) An
institution shall make reasonable efforts to assist a person with formulating a
request so as to comply with subsection (1) and shall, for that purpose,
(
a) respond,
as soon as possible in the circumstances, to any inquiries from the person
about formulating such a request; and
(
b) if
a request is made that does not sufficiently describe the record sought, inform
the person of the defect and offer assistance in reformulating the request.
(2) The
striking out “applicant” wherever it appears and substituting in each case
“person who made the request”.
The Act is amended by adding the following sections:
Plan
for staged access to records
17.1
(1) The head
of an institution may, before the expiry of the time limit set out in
section
19 or, where there has been an extension of a time limit under subsection 20
(1) or (1.1), within that extended time limit, respond to a request for records
by proposing a plan for providing access to the records in stages if,
(
a) the
time required to search for responsive records would unreasonably interfere
with the regular duties of employees of the institution;
(
b) the
scope of the request is overly broad because of the period of time it covers;
(
c) the
preparation of responsive records for disclosure would unreasonably interfere
with the operations of the institution due to their volume; or
(
d) the
person who made the request has submitted other requests to the institution and
the person’s requests would, collectively, unreasonably interfere with the
operations of the institution.
Nature
of access plan
(2) The
plan respecting access to records referred to in subsection (1) shall,
(
a) divide
the request into separate categories of records and set out the areas of the
institution to be searched for those records; and
(
b) establish
a
schedule that sets out,
(
i) whether
or not access to records, or parts of those records, will be given or an
indication of when such decisions respecting access to records will be made,
and
(ii) when
access to the records, or parts of those records, is to be given or, if
necessary, when the records, or parts of those records, are to be produced.
Written
notice
(3) The
head shall give written notice of the decision to establish a plan respecting
access to records referred to in subsection (1) that sets out the plan as well
as a statement that the person who made the request may appeal the decision to
the Commissioner within 30 business days after the notice was given.
Same,
amendment to plan
(4) If
the head amends a plan respecting access to records referred to in subsection
(1), the head shall give written notice of the decision to amend the plan that
sets out the amended plan as well as, if the plan is being amended for the
first time, a statement that the person who made the request may appeal the
decision to the Commissioner within 30 business days after the notice was
given.
Requester’s
response to plan
17.2
(1) Where
the head of an institution proposes a plan for providing access to records in
stages under
section 17.1 or proposes amendments to such a plan, the person who
requested the records shall, within 30 business days after receiving the plan
and any proposed amendments to the plan, respond in writing to the head or, in
the case of a decision to propose a plan for providing access to records in
stages under
section 17.1 or a decision to amend such a plan for the first
time, appeal the decision to the Commissioner.
Content
of response
(2) When
responding in writing to the head under subsection (1), the person shall,
(
a) indicate
their acceptance of the plan;
(
b) propose
amendments to the plan; or
(
c) modify
the scope of their request.
Effect
on time limit
(3) At
the end of the day on which a proposed plan for providing access to records in
stages under
section 17.1 is sent by the institution, the time limit within
which notice is required to be given under
section 19 stops running and resumes
running on the day on which the response under subsection (1) is received by
the head or, if that day is not a business day, on the next business day
following that day.
Lack
of response
(4) The
person who made the request is deemed to have abandoned the request if,
(
a) the
person has not responded to the head in writing within the time frame
established under subsection (1) or the person’s response to the head made
within that time frame does not comply with subsection (2); and
(
b) in
the case of a decision to propose a plan for providing access to records in
stages under
section 17.1 or a decision to amend such a plan for the first
time, the person has not appealed the decision to the Commissioner.
Implementation
of plan
(5) The
head of an institution may implement a plan for providing access to records in
stages if the person who requested the records responds to the head under
subsection (1) by indicating that the person accepts the plan.
(1) Section 18 of the Act is amended by striking out “fifteen days”
wherever it appears and substituting in each case “15 business days”.
(2) Section
18 of the Act is amended by adding the following subsection:
Transition,
business days
(6) This
section, as it read immediately before the day
section 4 of
Schedule 11 to the Plan to Protect Ontario Act (Budget Measures), 2026 came
into force, continues to apply to requests for access to a record received by
an institution before that day.
(1) Section 19 of the Act is amended by striking out “thirty days”
in the portion before clause (
a) and substituting “45 business days”.
(2) Section
19 of the Act is amended by adding the following subsections:
Same
(2) A
request is only received for the purposes of subsection (1) once the person who
made the request has complied with subsection 17 (1).
Transition,
business days
(3) This
section, as it read immediately before the day
section 5 of
Schedule 11 to the Plan to Protect Ontario Act (Budget Measures), 2026 came
into force, continues to apply to requests for access to a record made or
forwarded to the head of the institution before that day.
(1) Section 20 of the Act is amended by adding the following
subsection:
Same,
second extension
(1.1) If
the time limit has been extended under subsection (1), the head may extend the
time limit one additional time in any of the following circumstances:
1. The
person who made the request consents to the extension.
2. The
number of records identified as being responsive to the request is
significantly more than the number of records initially identified.
3. One
of the following circumstances arises, provided that it was not reasonably
foreseeable when the time limit was extended under subsection (1) that the
circumstance would arise:
i. Employees
knowledgeable in the subject matter of the request are unable to assist with
responding to the request.
ii. Additional
consultations become necessary to respond to the request.
(2) Subsection
20 (2) of the Act is amended by adding “or (1.1)” after “under subsection (1)”
in the portion before clause (a).
(1) Section 21 of the Act is amended by striking out “days” wherever
it appears and substituting in each case “business days”.
(2) Section
21 of the Act is amended by adding the following subsection:
Transition,
business days
(12) This
section, as it read immediately before the day
section 7 of
Schedule 11 to the Plan to Protect Ontario Act (Budget Measures), 2026 came
into force, continues to apply to requests for access to a record received by
an institution before that day.
8 (1) Subsection
26 (1) of the Act is repealed and the following substituted:
Annual
report of head
(1) A
head shall provide to the Commissioner an annual report with respect to the
previous calendar year in accordance with this section.
(2) Subsection
26 (2) of the Act is amended by adding the following clause:
(c.1) the
number of thefts, losses or unauthorized uses or disclosures of personal
information recorded under subsection 30.1 (8);
(3) Clause
26 (2) (
d) of the Act is repealed and the following substituted:
(
d) the
number of uses or purposes for which personal information is disclosed if the
use or purpose is not included in any written public statement provided under
subsection 16 (1) of the Personal Health Information
Protection Act, 2004 by a health information custodian within the
meaning of the Personal Health Information Protection Act,
2004 that is acting as part of the institution;
(4) Section
26 of the Act is amended by adding the following subsection:
Form
of report etc.
(5) The
annual report shall be provided no later than the date specified by the
Commissioner, if any, and shall be in the form and manner as may be specified
by the Commissioner.
(1) Subsection 28 (1) of the Act is amended by striking out “section
29” and substituting “section 29 and subsection 30 (5)”.
(2) Section
28 of the Act is amended by adding the following subsections:
Privacy
impact assessment
(3) Unless
the regulations provide otherwise, before collecting personal information, the
head of an institution shall ensure that a written assessment is prepared that
contains the following information respecting any personal information that the
institution intends to collect:
1. The
purpose for which the personal information is intended to be collected, used
and disclosed, as applicable, and an explanation of why the personal
information is necessary to achieve the purpose.
2. The
legal authority for the intended collection, use and disclosure of the personal
information.
3. The
types of personal information that is intended to be collected and, for each
type of personal information collected, an indication of how the type of
personal information is intended to be used or disclosed.
4. The
sources of the personal information that is intended be collected.
5. The
position titles of the officers, employees, consultants or agents of the
institution who will have access to the personal information.
6. Any
limitations or restrictions imposed on the collection, use or disclosure of the
personal information.
7. The
period of time that the personal information would be retained by the
institution, in accordance with subsection 30 (1).
8. An
explanation of the ad