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Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020

Lecce, Hon. Stephen Minister of Education

Royal Assent received. Statutes of Ontario 2020,

chapter 6

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Bill 189 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 189 and does not form part of the law.

Bill 189 has been enacted as

Chapter 6 of the Statutes of Ontario, 2020.

SCHEDULE

Development Charges Act, 1997

new

section 9.2 of the Development Charges Act, 1997

provides that development charge by-laws that expired on or after March 17,

2020 and before the day the

section comes into force are deemed to not have

expired and shall remain in force until the earlier of the day the by-law is

repealed and the specified date. The

section also provides that development

charge by-laws that expire on or after the day the

section comes into force and

before the specified date shall remain in force until the earlier of the day

the by-law is repealed and the specified date. The specified date is defined as

the date that is six months after the termination or disallowance of the

emergency declared under the Emergency Management and

Civil Protection Act on March 17, 2020.

SCHEDULE

Education Act

The

Education Act is amended to add a

section

addressing the expiry of education development charge by-laws during an

emergency declared under the Emergency Management and

Civil Protection Act .

The

Act is also amended to address rules that apply when a pupil is suspended

before a school closure but no decision about expulsion is made before the

closure.

SCHEDULE

Ministry of Training, Colleges and Universities Act

The

Ministry of Training, Colleges and Universities Act

is amended to add provisions applicable during the “suspension period”, which

is defined as the period starting on March 30, 2020 and ending on September 30,

2020 or a later prescribed date.

The

amendments provide that borrowers are not required to make payments toward

student loans and medical resident loans that are payable during the suspension

period, and that interest shall not accrue against a borrower during that

period. Related amendments are made.

SCHEDULE

Planning Act

The

Planning Act is amended to authorize the Minister

to make regulations in connection with an emergency declared under the Emergency Management and Civil Protection Act . The

regulations may, among other things, govern the application of periods of time

described in the Act and the regulations and in

section 114 of the City of Toronto Act, 2006 and provide that an order made

under subsection 7.1 (2) of the Emergency Management and

Civil Protection Act does not apply, and in certain cases is deemed to

have never applied, with respect to the Act or the regulations or

section 114

of the City of Toronto Act, 2006 . The regulations

may, if they so provide, apply on a retroactive basis.

SCHEDULE

POLICE SERVICES aCT

The

Schedule amends the Police Services Act to give the

Solicitor General the power to make regulations prescribing a new date before

which a municipal council must prepare and adopt its first community safety and

well-being plan.

Bill 189 2020

Act to amend various Acts to address the coronavirus (COVID-19)

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Development

Charges Act, 1997

Schedule 2

Education

Act

Schedule 3

Ministry

of Training, Colleges and Universities Act

Schedule 4

Planning

Act

Schedule 5

Police

Services Act

Her

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) Subject to subsections (2) and (3), 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 provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Coronavirus (COVID-19) Support and Protection Act, 2020 .

SCHEDULE 1

Development Charges Act, 1997

The Development Charges Act, 1997 is amended by

adding the following section:

Special

rule re emergency declaration

By-law

remains in force

9.2

(1) In this

section,

“specified

date” means the date that is six months after the day that the emergency

declared by Order in Council 518/2020 (Ontario Regulation 50/20) on March 17,

2020 pursuant to

section 7.0.1 of the Emergency Management

and Civil Protection Act is terminated or disallowed.

Same

(2) Despite

subsection 9 (1),

(

a) a

development charge by-law that expired on or after March 17, 2020 and before

the day

section 1 of

Schedule 1 to the Coronavirus

(COVID-19) Support and Protection Act, 2020 comes into force is deemed

not to have expired and shall remain in force until the earlier of the day the

by-law is repealed and the specified date; and

(

b) a

development charge by-law that expires on or after the day

section 1 of

Schedule

1 to the Coronavirus (COVID-19) Support and Protection Act,

2020 comes into force and before the specified date shall remain in

force until the earlier of the day the by-law is repealed and the specified

date.

Exception

(3) Subsection

(2) does not apply in respect of any part of a development charge by-law to

which subsection 9.1 (1) or (2) applies.

Commencement

This

Schedule comes into force on the day the Coronavirus

(COVID-19) Support and Protection Act, 2020 receives Royal Assent.

SCHEDULE 2

Education Act

(1) The Education Act is amended by

adding the following section:

Special

rule re emergency declaration

By-law

remains in force

257.58.1

(1) In this

section,

“specified

date” means the date that is six months after the day that the emergency

declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20)

pursuant to

section 7.0.1 of the Emergency Management and

Civil Protection Act , is terminated or disallowed.

Same

(2) Despite

subsection 257.58 (1),

(

a) an

education development charge by-law that expired on or after March 17, 2020 and

before the day subsection 1 (1) of

Schedule 2 to the Coronavirus

(COVID-19) Support and Protection Act, 2020 came into force, is deemed

not to have expired and shall remain in force until the earlier of the day the

by-law is repealed and the specified date; and

(

b) an

education development charge by-law that expires on or after the day subsection

1 (1) of

Schedule 2 to the Coronavirus (COVID-19) Support

and Protection Act, 2020 came into force and before the specified date

shall remain in force until the earlier of the day the by-law is repealed and

the specified date.

Same

(3) An

education development charge by-law that remains in force pursuant to

subsection (2) shall not be amended to provide for higher rates than the rates

set out in the by-law on the day it would have expired.

(2) Section

257.58.1 of the Act, as enacted by subsection (1), is repealed.

Section 311.3 of the Act is amended by adding the following subsections:

School

closure

(8.1) If

an order is made under subsection 5 (1) of this Act or another Act to close all

schools and, at the time the closure begins, a pupil has been suspended under

section 310 but no decision has been made under subsection (6) of this section,

the director of education may provide, upon the recommendation of a principal,

that subsection (8) of this

section does not apply in respect of the pupil.

Same

(8.2) In

the circumstances described in subsection (8.1), the Board shall not expel the

pupil if more than 20 school days have expired since the school closure order

expired, unless the parties to the expulsion hearing agree on a later deadline.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Coronavirus (COVID-19) Support and Protection Act,

2020 receives Royal Assent.

(2) Subsection

1 (2) comes into force on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE 3

Ministry of Training, Colleges and Universities Act

Subsection 7.2 (1) of the Ministry of Training, Colleges

and Universities Act is amended by adding “and

section 7.3” after

“subsection (3)” in the portion before clause (a).

The Act is amended by adding the following section:

Suspension

of payments and accrual of interest

7.3

(1) In this

section,

“loan

agreement” means a,

(

a) student

loan agreement,

(

b) consolidated

loan agreement,

(

c) master

student loan agreement,

(

d) master

student financial assistance agreement,

(

e) medical

resident loan agreement,

(

f) repayment

agreement in respect of a medical resident loan, or

(

g) any

other agreement or arrangement relating to repayment of a loan referred to in

subsection (2) entered into or imposed under this Act; (“contrat de prêt”)

“student

loan” includes a grant that has been converted to a student loan; (“prêt

d’études”)

“suspension

period” means the period that begins on March 30, 2020 and ends on September

30, 2020 or such later date as may be prescribed by regulation. (“période de

suspension”)

Suspension of loan payments

(2) A

borrower shall not be required to make any payments during the suspension

period toward the principal or interest on a student loan or medical resident

loan if, at the start of the suspension period, the loan is administered by,

(

a) a

financial institution, in respect of a student loan that was issued under Regulation

774 of the Revised Regulations of Ontario, 1990 (Ontario Student Loans made

Before August 1, 2001), made under this Act; or

(

b) a

service provider within the meaning of the regulations made under this Act, in

respect of a medical resident loan or a student loan other than a student loan referred

to in clause (a).

Accrual of interest

(3) No

interest shall accrue against the borrower during the suspension period on any

student loan to which subsection (2) applies, and the Minister shall pay such

interest on a student loan described in clause (2) (

a) at the rate determined

under Regulation 774 of the Revised Regulations of Ontario, 1990.

Same

(4) No

interest shall accrue against the borrower during the suspension period on any

medical resident loan to which subsection (2) applies, and the Minister of

Health shall pay such interest at the rate determined under Ontario Regulation

312/10 (Medical Resident Loans).

Same

(5) Despite

any loan agreement or any other Act, no interest shall accrue against a debtor

during the suspension period on a debt to the Crown, or on the portion of a

debt to the Crown, that is in respect of a student loan or a medical resident

loan.

Loan

rehabilitation

(6) If

a borrower successfully rehabilitates a student loan under a regulation made

under this Act during the suspension period, subsections (2) to (5) apply

starting on the date the borrower successfully rehabilitated the student loan

until the end of the suspension period.

Payment

by borrowers

(7) Any

payments made by a borrower during the suspension period shall be applied to

the principal amount of the loan.

Deemed

terms of loan agreement

(8) Despite

anything in a loan agreement or the regulations that provides otherwise, other

than a regulation made under clause 13 (1) (a.4) or (a.5), subsections (1) to (4),

(6) and (7) of this

section shall be deemed to constitute a term of every loan

agreement entered into before and during the suspension period.

Loan

agreement applies after suspension period

(9) The

Minister shall establish a revised loan

agreement for borrowers that shall apply after the suspension period, and shall

notify borrowers of the revised loan agreement in accordance with the

regulations.

Same

(10) The

revised loan agreement shall include,

(

a) revised

terms relating to the term for repayment and the amount of the loan owing that

account for,

(

i) payments

that were not made as a result of the suspension of loan payments under

subsection (2), and

(ii) any

payments made by the borrower under subsection (7); and

(

b) any

other terms required by the regulations.

cause of action

(11) No

cause of action arises against the Crown or any current or former member of the

Executive Council or any current or former employee or agent of or advisor to

the Crown as a direct or indirect result of,

(

a) the

enactment, operation, administration or repeal of this

section or any

regulation made under clause 13 (1) (a.4) or (a.5);

(

b) any

revocation, cessation, termination or amendment of contractual or other rights

under this

section or any regulation made under clause 13 (1) (a.4) or (a.5);

(

c) any

representation or other conduct that is related, directly or indirectly, to the

suspension of payments towards loans under subsection (2), the suspension of

interest accrual on loans under subsection (3), (4) or (5) and any revised

terms of a loan agreement referred to in subsection (10).

Proceedings

barred

(12) No

proceeding, including but not limited to any proceeding for a remedy in

contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust

or fiduciary obligation, or any remedy under any statute, that is directly or

indirectly based on or related to anything referred to in subsection (11) may

be brought or maintained against a person referred to in that subsection.

Application

(13) Subsection

(12) applies to any action or other proceeding claiming any remedy or relief,

including specific performance, injunction, declaratory relief, any form of

compensation or damages, or any other remedy or relief, and includes a

proceeding to enforce a judgment or order made by a court or tribunal outside

of Canada.

Retrospective

effect

(14) Subsections

(12) and (13) apply regardless of whether the cause of action on which the

proceeding is purportedly based arose before, on or after the day this

section

came into force.

Proceedings

set aside

(15) Any

proceeding referred to in subsection (12) or (13) that was commenced before the

day this

section came into force is deemed to have been dismissed, without

costs, on the day this

section comes into force.

compensation payable

(16) No

person is entitled to any compensation or any other remedy or relief for the

revocation, cessation, termination or amendment of contractual or other rights

under this

section or any regulation made under clause 13 (1) (a.4) or (a.5).

Exception

(17) This

section does not apply to a proceeding commenced by the Crown or its agents and

nothing in this

section precludes a proceeding commenced by the Crown or its

agents.

Expropriation

(18) Nothing

in this

section or in regulations made under clause 13 (1) (a.4) or (a.5), and

nothing done or not done in accordance with this

section or such regulations,

constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

(1) Subsection 13 (1) of the Act is amended by adding the following

clauses:

(a.4) governing

the suspension of payments and interest under

section 7.3, including,

(

i) governing

and prescribing the terms of student loans, medical resident loans, grants and

awards under this Act and the terms of repayment of such loans for the purposes

of addressing matters related to the suspension of payments and interest,

including providing that prescribed terms apply instead of or in addition to

the terms in any loan agreement or other agreement,

(ii) governing

and prescribing any matter referred to in

section 7.3 as being prescribed or

done by or in accordance with the regulations;

(a.5) providing

for and governing the refund of payments made by a debtor during the suspension

period on a debt to the Crown, or on the portion of a debt to the Crown, that

is in respect of a student loan or medical resident loan;

(2) Subsections

13 (3.1) to (5) of the Act are repealed and the following substituted:

Regulations,

retroactive

(3.1) A

regulation made under clauses (1) (a.3), (a.4), (a.5), (h.1) or (j.1) to (j.8)

is, if it so provides, effective with respect to a period before it is filed.

Regulations,

conflict

(3.2) In

the event of a conflict, a regulation made under clause (1) (a.4) or (a.5) prevails

over this Act.

Same

(4) In

the event of a conflict, a regulation made under clause (1) (h.1) prevails over

this Act, except subsection 8.0.2 (4).

Commencement

This

Schedule is deemed to have come into force on March 30, 2020.

SCHEDULE 4

Planning Act

The Planning Act is amended by adding the following

section:

Regulations

re periods of time during emergency

70.11

(1) The

Minister may make regulations,

(

a) governing

the application of periods of time described in provisions of this Act or the

regulations or in

section 114 of the City of Toronto Act,

2006 during the period of an emergency declared under

section 7.0.1 of

the Emergency Management and Civil Protection Act ,

including,

(

i) providing

that the period of the emergency shall not be included for the purposes of

counting a period of time,

(ii) providing

that a period of time that ended on or after the day the emergency was declared

and before the day a regulation made under this clause is filed is deemed not

to have ended, and prescribing such rules as are necessary or advisable to

address any issues that arise as a result of the period of time being deemed

not to have ended, including,

(

A) requiring

or permitting any persons or public bodies to take certain steps or actions, or

(

B) deeming

an appeal of the failure or neglect of a municipal council or other

decision-maker to make a decision or give notice of a decision within the

period of time not to have been made;

(

b) providing

that a by-law passed under a provision to which a regulation under clause (

a) applies and that is in effect at the time an emergency is declared under

section 7.0.1 of the Emergency Management and Civil

Protection Act is deemed to remain in effect for a specified period of

time after the by-law would otherwise expire, which period of time shall not

exceed the total number of days of the emergency;

(

c) providing that any order made under subsection 7.1

(2) of the Emergency Management and Civil Protection Act

on or after a regulation made under this clause is filed does not apply with

respect to this Act or the regulations or

section 114 of the City of Toronto Act, 2006 ;

(

d) providing that an order, or part of an

order, made under subsection 7.1 (2) of the Emergency

Management and Civil Protection Act before a regulation made under this

clause is filed does not apply and is deemed to have never applied with respect

to this Act or the regulations or

section 114 of the City

of Toronto Act, 2006 , and prescribing such rules as are necessary or

advisable to address any issues that arise as a result of the order, or part of

the order, being deemed to have never applied, including requiring or

permitting any persons or public bodies to take certain steps or actions.

Rules

under subs. (1) (d)

(2) The

rules set out in a regulation made under clause (1) (

d) may provide that a

provision of this Act or the regulations or

section 114 of the City of Toronto Act applies with such modifications as

may be specified.

Conflict

with Emergency Management and Civil Protection Act

(3) A

regulation made under this

section may provide that it applies despite the Emergency Management and Civil Protection Act or any

provision of that Act.

Retroactivity

(4) A

regulation made under this

section is, if it so provides, effective with

reference to a period before it is filed.

Interpretation,

period of an emergency

(5) For

greater certainty, a reference in this

section to the period of an emergency

declared under

section 7.0.1 of the Emergency Management

and Civil Protection Act shall be read as including any extension of the

emergency under

section 7.0.7 of that Act.

Conflict

(6) For

greater certainty, in the event of a conflict between a regulation made under

this

section and a provision of this Act or of another regulation made under

this Act, whether made by the Minister or the Lieutenant Governor in Council,

section 114 of the City of Toronto Act, 2006 ,

the regulation made under this

section prevails.

Commencement

This

Schedule comes into force on the day the Coronavirus

(COVID-19) Support and Protection Act, 2020 receives Royal Assent.

SCHEDULE 5

POLICE SERVICES aCT

Subsection 135 (1.3) of the Police Services Act is

amended by adding the following clause:

(a.1) prescribing

a date for the purposes of clause 143 (3) (a);

Subsection 143 (3) of the Act is repealed and the following substituted:

First

community safety and well-being plan

(3) A

municipal council must prepare and adopt its first community safety and

well-being plan before the later of,

(

a) the

prescribed date; and

(

b) the

second anniversary of the day on which this

section began applying to the

municipality.

Commencement

This

Schedule comes into force on the day the Coronavirus (COVID-19) Support and Protection Act, 2020

receives Royal Assent.

Date Bill stage Event Outcome Committee

April 14, 2020

Royal Assent

Royal Assent received

April 14, 2020

Third Reading

Vote

Carried

April 14, 2020

Third Reading

Question put

April 14, 2020

Second Reading

Ordered for Third Reading pursuant to the Order of the House

April 14, 2020

Second Reading

Vote

Carried

April 14, 2020

Second Reading

Debated

April 14, 2020

First Reading

Motion to arrange proceedings

April 14, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

April 14, 2020

Motion to Arrange Proceedings

April 14, 2020

Declared carried.

Committee

Second Reading

April 14, 2020

Principal Debaters :

Hon. Stephen Lecce, Ms. Andrea Horwath, Mr. John Fraser, Hon. Caroline Mulroney, Mr. Jeff Burch, Mr. Mike Schreiner, Hon. Sylvia Jones, Mr. Chris Glover, Ms. Mitzie Hunter, Mr. Parm Gill, Ms. Marit Stiles, Mr. David Piccini, Mr. Kevin Yarde, Hon. Paul Calandra, Mr. Gilles Bisson

Declared carried. Ordered for third reading pursuant to the order of the House.

Committee

Third Reading

April 14, 2020

Declared carried.

Royal Assent

Tuesday, April 14, 2020

Acts affected - Bill 189

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Development Charges Act, 1997

Education Act

Ministry of Training, Colleges and Universities Act

Planning Act

Police Services Act

Legislative Assembly of Ontario

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