p42 s1 bill 108 b108ra e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 68 ELIZABETH II, 2019 Bill 108 (Chapter 9 of the Statutes of Ontario, 2019)

An Act to amend various statutes with respect to housing, other development and various other matters The Hon. S. Clark Minister of Municipal Affairs and Housing 1st Reading May 2, 2019 2nd Reading May 29, 2019 3rd Reading June 6, 2019 Royal Assent June 6, 2019

EXPLANATORY NOTE This Explanatory Note was written as a reader’s aid to Bill 108 and does not form part of the law. Bill 108 has been enacted as

Chapter 9 of the Statutes of Ontario, 2019.

SCHEDULE 1 CANNABIS CONTROL ACT, 2017 The

Schedule makes several amendments to

section 18 of the Cannabis Control Act, 2017, which authorizes the interim closure by a police officer of premises connected with specified alleged contraventions of the A ct: 1. Subsection 18 (7), which provides that

section 18 does not apply to premises used for residential purposes, is repealed. 2. Subsection 18 (3) provides that a police officer must bar entry to premises closed under the section, for as long as the closure lasts. Subsection 18 (3.1) is added to prohibit persons from entering or attempting to enter closed premises during the closure. An exception to the bar on entry is added in subsection 18 (3.2) for police officers and other emergency responders, in exigent circumstances. Similar amendments are made to

section 25 of the Act, which authorizes court -ordered closure of premises in specified circumstances following conviction. In addition,

section 21.1 is added to the Act, providing for a general prohibiti on on obstructing police officers and other persons enforcing the Act. Finally, subsection 23 (2) of the Act, which sets out penalties for individuals in relation to contraventions of sections 6 (unlawful sale, distribution) and 13 (landlords) of the Act, is amended to add minimum penalty amounts.

SCHEDULE 2 CONSERVATION AUTHORITIES ACT The

Schedule amends the Conservation Authorities Act. The

Schedule imposes the duty on every member of an authority to act honestly and in good faith with a view to furtheri ng the objects of the authority. The Act is also amended to list specific programs and services that are required to be provided by an authority if they are prescribed by the regulations, which may include programs and services related to the risk of flood ing and other natural hazards. Authorities continue to be authorized to provide other programs and services, including programs and services that it determines to be advisable to further its objects .

If financing by a participating municipality under secti on 25 or 27 of the Act is necessary in order for the authority to provide such programs and services, the authority and the participating municipali ty must enter into an agreement in order for the authority to provide the program or service. On and after a day prescribed by the regulations, the authority is prohibited from including capital costs and operating expenses in respect of such programs and services in its apportionment of payments to the participating municipality if no such agreement has been en tered into.

Authorities are required to prepare and implement a transition plan in order to ensure they are in compliance with this requirement when it takes effect. An authority is authorized to determine the amounts owed by specified municipalities in co nnection with the programs and services the authority provides in respect of the Clean Water Act, 2006 and Lake Simcoe Protection Act, 2008. Other amendments include authorizing the Minister to appoint one or more investigators to conduct an investigation of an authority’s operations.

SCHEDULE 3 DEVELOPMENT CHARGES ACT, 1997 The

Schedule amends the Development Charges Act, 1997. Subsection 2 (4) of the Act is amended to set out the only services in respect of which a development charge by -law may impose development charges. The services are those set out in current subsection 5 (5), which is repealed, and ambulance services and waste diversion services. A new

section 26.1 is added to the Act setting out rules for when a development charge is payable in respect of five types of development: rental housing, institutional, industrial, commercial and non -profit housing . Unless certain exceptions apply, the charge is payable in annual instalments (21 instalments in the case of non- profit housing development, and six instalments in the case of the other types). The instalments begin on the earlier of the date of the issuance of a permit u nder the Building Code Act, 1992 authorizing occupation of the building and the date the building is first occupied.

Section 52 is amended to set out equivalent rules in respect of these five types of development in the context of non -parties to a front - ending agreement. A new

section 26.2 is added to the Act setting out rules for when the amount of a development charge is determined. The amount is determined based on the date of an application under

section 41 of the Planning Act or

section 114 of the City of Toronto Act, 2006 (site plan control area) or, if there is no such application, on the date of an application under

section 34 of

ii the Planning Act (zoning by- laws). If neither such application has been made, the amount continues to be determined in accordance with

section 26 of the Act. If a specified period of time has elapsed since the approval of the relevant application, the amount continues to be determined in accordance with

section 26 of the Act. Transitional provisions are set out.

SCHEDULE 4 EDUCATION ACT The

Schedule amends

section 195 of the Education Act to require a school board to give notice to the Minister if it plans to acquire or expropriate land and to allow the Minister to reject the board’s plans. The

Schedule also makes various amen dments with respect to education development charges.

Section 257.53.1 is added to the Act to provide for alternative projects that, if requested by a board and approved by the Minister, would allow the allocation of revenue from education development char ge by-laws for projects that would address the needs of the board for pupil accommodation and would reduce the cost of acquiring land.

Section 257.53.2 is added to the Act to provide for localized education development agreements that, if entered into betw een a board and an owner of land, would allow the owner to provide a lease, real property or other prescribed benefit to be used by the board to provide pupil accommodation in exchange for the board agreeing not to impose education development charges against the land. Related amendments are also made.

SCHEDULE 5 ENDANGERED SPECIES ACT, 2007 The

Schedule makes several amendments to the Endangered Species Act, 2007. The following is a

summary of the more significant amendments: 1. Subsection 7 (4) of the Act currently provides that a regulation must be made under

section 7 listing species on the Species at Risk in Ontario List within three months of the Minister receiving a report from CO SSARO classifying the species. The

Schedule amends the subsection to extend the time frame for making the regulation to 12 months after receiving the COSSARO report. 2. Subsections 8 (3) and (4) of the Act are amended to provide that, once the Minister requests that COSSARO reconsider the classification of a species set ou t in a report to the Minister, the requirement to make a regulation under

section 7 within 12 months of receiving that report no longer applies. The 12 -month period will only begin to run once COSSARO submits a second report to the Minister. 3. Under new

section 8.1, the Minister may, by regulation, make an order when a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time. The order would temporarily suspend all or some of the prohibitions in subsections 9 (1) and 10 (1) of the Act with respect to the species for a period of up to three years. 4. New

section 8.2 provides that, for a period of one year after a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, some of the prohibitions under subsection 9 (1) or 10 (1) will not apply to persons who were issued permits or otherwise authorized under the Act to engage in activities bef ore the species was so listed. This one -year delay app lies in addition to any order made under

section 8.1 that temporarily suspends the relevant prohibitions for a period of up to three years. 5. Subsection 9 (1) of the Act currently sets out prohibitions that apply to species once they are listed on the Sp ecies at Risk in Ontario List as endangered or thr eatened species. The

Schedule enacts subsections 9 (1.2) to (1.4) which give the Minister the power to make regulations limiting the application of the prohibitions with respect to a species. The limitations may limit the prohibitions in various ways, including by indicating that some of the prohibitions do not apply, by limiting the geographic areas in which they apply or by providing that the prohibitions only apply to the species at a certain stage of their development. 6. New

section 16.1 allows the Minister to enter into land scape agreements with persons. A landscape agreement authorizes a person to engage in activities that would otherwise be prohibited under

section 9 or 10 with respect to one or more species that are listed on the Species at Risk in Ontario List as end angered or threatened species. The person so authorized is required under the agreement to execute specified beneficial actions that will assist in the protection or recovery of one or m ore species. The agreement applies only to a geographic ar ea specified in the agreement. The species impacted by the authorized activities are not necessarily the same as the species that benefi t from the beneficial actions. The agreement may only be entered into if specified criteria is met.

Section 18 of the Act deals with activities that are regulated under other Ontario legislation or under federal legislation and what happens if those regulated activities are prohibited under

section 9 or 10 with r espect to a species listed on the Species at Risk in Ontario List as an end angered or threatened species.

Section 18 is re -enacted to provide that the person authorized to engage in the regulated activity may carry out the activity, despite

section 9 or 10 , provided

iii certain conditions are met. The conditions require that the regulated activity itself be prescribed by regulations under subsection 18 (3) for the purposes of the section, that the species affected by the regulated activity be similarly prescribed and that other conditions set out in those regulations be met. 8. New sections 20.1 to 20.18 provide for the establishment of the Species at Risk Conservation Fund and of an agency to manage and administer the Fund. The purpose of the Fund is to provide funding for activities that are reasonably likely to protect or recover species at risk.

The primary source of money for the Fund are species conservation charges that certain persons may be required to pay into the Fund under the Act. Those persons are required to pay the charge as a condition of a permit or other authorization issued or entered into under the Act that authorizes the p erson to engage in activities. Were it not for the permit or authorization, those activities would be prohibited under se ction 9 or 10 of the Act with respect to species that are designated by the regulations. 9. New

section 27.1 gives the Minister the power to order a person not to engage in an activity or to stop engaging in an activity that may have a significant adverse effect on a species listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species. The order may also require the person to take steps to address the adverse effect of the activity. 10. The regulation-making powers in sections 55 an

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 108 b108ra e.pdf
Type	bill
Volume / chapter	p42 s1 bill 108 b108ra e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2c847cb49b42fe70d152f5e95ad380099b60e479

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