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Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020

Phillips, Rod Minister of Finance

Royal Assent received. Statutes of Ontario 2020,

chapter 36

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Royal Assent

As Amended by Standing Committee

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Bill 229 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 229 and does not form part of the law.

Bill 229 has been enacted as

Chapter 36 of the Statutes of Ontario, 2020.

Schedule

Alcohol and Gaming Commission of Ontario Act, 2019

The

Schedule amends the Alcohol and Gaming Commission of

Ontario Act, 2019 . These amendments are complementary to the amendments

to the Alcohol, Cannabis and Gaming Regulation and Public

Protection Act, 1996 that are made elsewhere in this Bill. The major

elements of the

Schedule are set out below.

The

Alcohol and Gaming Commission of Ontario Act, 2019

is amended in various ways. The amendments allow the Lieutenant Governor in

Council to establish or continue a subsidiary of the Alcohol and Gaming

Commission of Ontario (the “Commission”) by regulation. This lottery subsidiary

has the object and duty of conducting and managing prescribed online lottery

schemes in addition to any other prescribed objects or duties. The objects of

the Commission are expanded to include overseeing the lottery subsidiary. The

Commission and the lottery subsidiary are declared to be Crown agents. A new

directives power allows the Minister to issue directives that relate to the

conduct and management of prescribed online lottery schemes to the Commission

or to the lottery subsidiary in respect of their operations, which must be

implemented promptly and efficiently. Powers that relate to the oversight of

the lottery subsidiary cannot be delegated to the Registrar or a Deputy

Registrar of the Commission. The immunity provision in the Act is expanded to

include the directors, officers and employees of the lottery subsidiary.

New

regulation-making powers are provided to govern the Commission, the lottery

subsidiary and prescribed online lottery schemes in various ways.

Schedule

Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996

The

Schedule amends the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 and makes related amendments

to another Act. The major elements of the

Schedule are set out below.

The

Alcohol, Cannabis and Gaming Regulation and Public

Protection Act, 1996 is amended in various ways. The amendments allow

the Lieutenant Governor in Council to establish a subsidiary of the Alcohol and

Gaming Commission of Ontario (the “Commission”) by regulation. This lottery subsidiary has the object and duty of

conducting and managing prescribed online lottery schemes in addition to any

other prescribed objects or duties. The objects of the Commission are

expanded to include overseeing the lottery subsidiary. The Commission and the

lottery subsidiary are declared to be Crown agents. A new directives power

allows the Minister to issue directives that relate to the conduct and

management of prescribed online lottery schemes to the Commission or to the

lottery subsidiary in respect of their operations, which must be implemented

promptly and efficiently. Powers that relate to the oversight of the lottery

subsidiary cannot be delegated to the Registrar or a Deputy Registrar of the

Commission. A new immunity provision is added to the Act. Finally, new

regulation-making powers are provided to govern the Commission, the lottery

subsidiary and prescribed online lottery schemes in various ways.

The

Ontario Lottery and Gaming Corporation Act, 1999 is

amended to provide that the Ontario Lottery and Gaming Corporation is

responsible for ensuring the legal compliance of its own lottery schemes and

gaming sites.

Currently,

subsections 27 (1.1), (2) and (2.1) of the Act provide for an increase,

effective June 1, 2020, in the basic tax payable on certain purchases of wine

and wine cooler. The Act is amended to retroactively eliminate the increase

effective that date. Amendments are made to the

definitions of “beer”, “Ontario

wine cooler”, “spirits”, “spirits cooler” and “wine cooler” in subsection 17

(1) of the Act, including amendments to allow the Lieutenant Governor in

Council to, by regulation, exclude beverages from the

definitions of “Ontario

wine cooler”, “spirits cooler” and “wine cooler”. An amendment is made to the

French version of the definition of “reserve” in subsection 17 (4) of the Act.

Schedule

Assessment Act

Currently, paragraph 15.1 of subsection 3

(1) of the Assessment Act exempts land that is used and

occupied as a memorial home, clubhouse or athletic grounds by an Ontario branch

of the Royal Canadian Legion from taxation. The paragraph is amended to also include

land used and occupied for those purposes by an Ontario unit of the Army, Navy

and Air Force Veterans in Canada for 2019 and subsequent tax years.

Currently,

section 19 of the Act authorizes the Minister to make regulations respecting

the determination of the current value of land for assessment purposes. The

Schedule amends

section 19 of the Act to allow for municipalities to opt, by

by-law, to have such regulations apply. If a municipality opts to have such a

regulation apply, the municipality may, by by-law, make certain rules about how

the regulation applies within the municipality. An upper-tier municipality that

opts to have such a regulation apply may delegate the making of those rules to

its lower-tier municipalities. A related amendment is made to

section 44 of the

Act.

Technical

amendments, including amendments to regulation making authorities, are also

made.

Schedule

City of Toronto Act, 2006

Amendments

are made to

section 278 of the City of Toronto Act, 2006

with respect to the tax rates for municipal purposes for the subclasses

prescribed under subsection 8 (1) of the Assessment Act .

The amendments provide that the City may, by by-law, provide for different

percentages than those that are set out in the Act, to a maximum of 35 per

cent.

Amendments

are made to

section 331 of the Act with respect to the vacant unit rebate. The

amendments provide that the City may, by by-law, elect not to have a program to

provide tax rebates to owners of property that has vacant portions. The City is

also given several options respecting the requirements of its program.

Schedule

Commercial Tenancies Act

Part

IV of the Commercial Tenancies Act is re-enacted to

provide temporary protections for certain commercial tenants. Here are some

highlights:

1. The

Schedule establishes a non-enforcement period for certain tenancies that begins

on the day

section 1 of

Schedule 5 to the Protect, Support

and Recover from COVID-19 Act (Budget Measures), 2020 comes into force

and ends on a prescribed date. If a landlord exercises a right of re-entry

between October 31, 2020 and the start of the non-enforcement period, the

landlord must restore possession of the premises to the tenant or, if unable to

do so, must compensate the tenant for damages. Also, if a landlord seizes a

tenant’s goods between October 31, 2020 and the start of the non-enforcement

period as a distress for arrears of rent, the landlord must return any unsold

goods to the tenant.

2. Regulations

may be made to provide for another non-enforcement period that applies in

respect of prescribed tenancies.

3. Judges

are prohibited from ordering a writ of possession that is effective during the applicable

non-enforcement period if the basis for ordering the writ is an arrears of

rent. As well, the amendments prohibit landlords from exercising a right of

re-entry and from seizing any goods or chattels as a distress for arrears of

rent during the applicable non-enforcement period.

schedule

Conservation Authorities Act

The

Schedule amends the Conservation Authorities Act .

The more significant amendments are described below.

Section

14 of the Act is amended to ensure that at least 70 per cent of

the

members of a conservation authority that are appointed by participating

municipalities are municipal councillors. The Minister may grant

exceptions to the 70 per cent rule to participating municipalities. The Minister is given

the authority to appoint an additional member to a conservation authority to

represent the agricultural sector. That member has limited voting rights.

The

objects of a conservation authority described in

section 20 of the Act are

limited to the provision of programs and services required or permitted under

sections 21.1, 21.1.1 and 21.1.2.

Section 21.1 requires an authority to provide

mandatory programs and services that are prescribed by regulation and meet the

requirements set out in that section.

Section 21.1.1 allows authorities to

enter into agreements with participating municipalities to provide programs and

services on behalf of the municipalities, subject to the regulations.

Section

21.1.2 would allow authorities to provide such other programs and services as

it determines are advisable to further the purposes of the Act, subject to the

regulations. An authority is required to enter into agreements with the

participating municipalities in its jurisdiction if any municipal funding is

needed to recover costs for the programs or services provided under

section

21.1.2. A transition plan shall be developed by an authority to prepare for

entering into agreements relating to the recovery of costs. All programs and

services must be provided in accordance with any prescribed standards and

requirements.

Section

21.2 of the Act allows a person who is charged a fee for a program or services

provided by an authority to apply to the authority to reconsider the fee.

Section 21.2 is amended to require the authority make a decision upon reconsideration

of a fee within 30 days. Further, the amendments allow a person to appeal the

decision to the Local Planning Appeal Tribunal or to bring the matter directly

to the Tribunal if the authority fails to render a decision within 30 days.

New

sections 23.2 and 23.3 of the Act would allow the Minister to take certain

actions after reviewing a report on an investigation into an authority’s

operations. The Minister may order the authority to do anything to prevent or

remedy non-compliance with the Act. The Minister may also recommend that the

Lieutenant Governor in Council appoint an administrator to take over the

control and operations of the authority.

Subsection

28.1 (8) of the Act currently allows a person who applied to a conservation

authority for a permit under subsection 28.1 (1) to appeal that decision to the

Minister if the authority has refused the permit or issued it subject to

conditions. Subsection 28.1 (8) is repealed and replaced with provisions that

allow the applicant to choose to seek a review of the authority’s decision by

the Minister or, if the Minister does not conduct such a review, to appeal the

decision to the Local Planning Appeal Tribunal within 90 days after the

decision is made. Furthermore, if the authority fails to make a decision with

respect to an application within 120 days after the application is submitted,

the applicant may appeal the application directly to the Tribunal.

New

section 28.0.1 of the Act requires a conservation authority to, on application,

grant the applicant permission to carry out a development project in the

authority’s area of jurisdiction if a zoning order has been made by the

Minister of Municipal Affairs and Housing under

section 47 of the Planning

Act authorizing the development under that Act. The permission may be

granted subject to conditions specified by the authority. Those conditions may

be subject to a review by the Minister or an appeal to the Local Planning

Appeal Tribunal. Where permission to carry out a development project is

granted, the permit holder must enter into an agreement with the authority in

order to compensate for ecological and other impacts that may result from the

development project. This

section is to be repealed on proclamation.

New

section 28.1.1 of the Act allows the Minister to order a conservation authority

not to issue a permit to engage in an activity that, without the permit, would

be prohibited under

section 28 of the Act. After making such an order the

Minister may issue the permit instead of the conservation authority.

New

section 28.1.2 of the Act mirrors new

section 28.0.1 and is intended to be

proclaimed when

section 28.0.1 is repealed and

section 28.1 of the Act, which

provides for permits to be issued by conservation authorities, comes into

force.

Section

28.3 of the Act is amended to allow a decision of a conservation authority to

cancel a permit or to make another decision under subsection 28.3 (5) to be

appealed by the permit holder to the Local Planning Appeal Tribunal.

Subsection

30.2 of the Act sets out circumstances in which an officer may enter land

within the area of jurisdictions of an authority. Those circumstances are

revised by

section 19 of the Schedule.

Subsections

30.4 (1) and (2) of the Act are amended to update the circumstances in which

officers may issue stop orders to persons carrying on activities that could

contravene or are contravening the Act.

The

regulation making authority in

section 40 is re-enacted to reflect amendments

in the Schedule.

schedule

Credit Unions and caisses populaires Act, 2020

The

Schedule repeals the Credit Unions and Caisses Populaires

Act, 1994 and replaces it with the Credit Unions

and Caisses Populaires Act, 2020 . The new Act generally sets out the

rules that govern credit unions, including in respect of the establishment of

credit unions and their membership, capital structure, governance and business

powers.

Changes

are made to give the Financial Services Regulatory Authority of Ontario (the

Authority) new rule-making powers in relation to its function as the sector

regulator.

The

Chief Executive Officer of the Authority is given powers to enforce compliance

with the Act and may impose administrative penalties for contraventions of or

failures to comply with certain requirements under the Act.

The

Act provides the Authority with rule-making power over certain matters under

the Act. The Lieutenant Governor in Council is given broader regulation-making power

over certain matters under the Act, including all matters in respect of which

the Authority may make rules.

Consequential

amendments are made to update the many statutes that refer to the Credit Unions and Caisses Populaires Act, 1994 .

Schedule

Crown Forest Sustainability Act, 1994

The

Schedule repeals provisions of the Crown Forest

Sustainability Act, 1994 that address when forest management plans are

deemed to include certain parts of agreements or regulations under the Endangered Species Act, 2007 and related matters.

new

section is added to the Act providing that a person is exempt from certain

provisions of the Endangered Species Act, 2007

while conducting forest operations in a Crown forest, in accordance with an

approved forest management plan, and on behalf of the Crown or under the

authority of a forest resource licence. Currently, similar provisions are

included in a regulation made under the Endangered Species

Act, 2007 .

Schedule

Early Childhood Educators Act, 2007

The

Schedule amends the Early Childhood Educators Act, 2007

by amending subsection 29 (2.5) to prohibit the removal of certain information

from the register.

The

Schedule adds

section 33.3, which retroactively revokes a member’s certificate

of registration if the member was previously found guilty of

an act of

professional misconduct relating to sexual abuse or child pornography. The

Schedule

also adds subsection 36 (1.1), which prohibits a person who has had a

certificate revoked for certain acts of sexual abuse, child pornography or a

prescribed sexual act from applying for reinstatement. Subsections 36 (4.2) and

(4.3) are added to allow a person to apply for reinstatement if a conviction is

overturned on appeal or a pardon has been granted.

Clauses

45 (1) (c.3) and (c.4) are added to the Act to provide regulation-making

authority to require a member to report certain findings made against the

member to the Registrar and to govern reporting to the Registrar.

The

Schedule adds a new

section 50.2 to require the implementation of a sexual

abuse prevention program by the College. The new sections 57.1 and 57.2 require

members to report to the Registrar regarding offences, charges and bail

conditions.

Section

59.1.1 is added to deal with transitional matters that arise in relation to the

amendments made to the Act by the Schedule.

The

Schedule also amends

section 59.2 and other related provisions to include

allegations of prescribed sexual acts as a basis for providing funding for

therapy and counselling.

Schedule

Education Act

Currently,

subsection 257.7 (3) of the Education Act provides

that a tax rate reduction for municipal purposes for a property subclass also

applies with respect to the tax rate for school purposes unless the Minister of

Finance makes a regulation providing that the reduction does not apply.

Section

257.7 of the Act is amended to provide that, with respect to certain property

subclasses, the tax rate reduction for municipal purposes does not apply with

respect to the tax rate for school purposes unless the Minister of Finance

makes a regulation providing that it does apply.

SCHEDULE

Employer Health Tax Act

Currently,

the Employer Health Tax Act allows for certain

eligible employers to claim an exemption amount in determining their taxable

total Ontario remuneration used to calculate the amount of tax payable under

the Act. The Act is amended to increase the exemption amount to $1,000,000 for

the 2020 to 2028 years. Starting in 2029, the exemption amount is adjusted for

inflation every five years using the formula set out in

section 2.1.1.

Section

3 of the Act requires an employer to pay instalments on account of tax.

Currently an employer is only required to pay instalments if their total

Ontario remuneration exceeds $600,000. This amount is increased to $1,200,000

for tax years beginning after December 31, 2020.

Technical

amendments are also made.

Schedule

Film Content Information Act, 2020

The

Schedule enacts the Film Content Information Act, 2020

and repeals the Film Classification Act, 2005 .

The

new Film Content Information Act, 2020 regulates

the exhibition of films, selling or renting physical copies of video games and

selling, renting or otherwise making available physical copies of adult sex

films.

Part

I of the Act sets out the application and

interpretation provisions.

Part

II of the Act provides for the appointment of a Director and Deputy Directors

for the purposes of the Act.

Part

III of the Act provides that films cannot be exhibited for a person’s direct

gain unless information respecting the film and its contents is displayed to

the public. This requirement does not apply in certain circumstances, such as

exhibition of a film under the sponsorship of a public library or public art

gallery.

Adult

sex films cannot be exhibited, and physical copies cannot be sold, rented or

otherwise made available, unless the film has been reviewed and approved by an

entity that is authorized to approve adult sex films under the laws of a

province of Canada. In addition, they cannot be exhibited to persons under the

age of 18. Physical copies cannot be sold, rented or otherwise made available

to persons under the age of 18.

The

sale or rental of physical copies of video games is restricted based on the

rating assigned to the video game by the Entertainment Software Rating Board.

Physical copies of unrated video games may not be rented or sold to persons

under the age of 18.

Part

IV of the Act provides a procedure for the appointment of investigators and the

investigation of offences under the Act. Things that are seized by the

investigator may be forfeited to the Crown in certain circumstances. A

procedure for applying to the Director for the return of the seized thing is

set out.

Part

V of the Act sets out offences, penalties and evidentiary provisions for

proceedings under the Act.

Part

VI of the Act provides regulation-making powers to the Lieutenant Governor in

Council. These powers include the ability to modify the age restrictions that

apply to the sale or rental of physical copies of video games.

Part

VII sets out transitional provisions. The Ontario Film Review Board is

dissolved. Licences that were issued under the Film

Classification Act, 2005 are no longer needed under this new Act and

expire.

Part

VIII provides for the repeal of the Film Classification

Act, 2005 and the revocation of the regulation made under that Act. It

also makes several consequential amendments.

Schedule

Financial Administration Act

The

Schedule amends the Financial Administration Act to

allow the Minister of Finance to establish and maintain proxy investment funds

for the purposes of determining adjustments to be applied in respect of special

purpose accounts for supplemental pension funds. The amendments provide for

certain rules to apply where an adjustment is made and allow for the Minister

of Finance to delegate certain powers relating to the establishment and

maintenance of such proxy investment funds to the Ontario Financing Authority.

The

Act is also amended to include a new

section 11.9. That

section deals with

liabilities incurred by a ministry or specified public entity before they

recognize those liabilities for the first time as a result of a change in

accounting standards. Subsection 11.9 (3) creates an appropriation with respect

to those liabilities. Certain restrictions apply (see subsections 11.9 (2) and

(4)). Certain complementary and consequential amendments are made to the Act as

well.

Currently,

the Act provides that the Lieutenant Governor in Council may provide for the

manner of executing security certificates and coupons attached to security

certificates, including the manner in which any signatures are reproduced. The

Schedule amends the Act to allow for any signatures on security certificates or

coupons to be electronically reproduced as well as to allow for the seal of the

Minister of Finance to be reproduced electronically on security certificates.

Schedule

Financial Services Commission of Ontario Act, 1997

The

Schedule repeals the Financial Services Commission of

Ontario Act, 1997 and revokes the one existing regulation made under

that Act. The

Schedule also makes amendments to various other Acts related to

the repeal of the Financial Services Commission of Ontario

Act, 1997 .

Schedule

Financial Services Regulatory Authority of Ontario Act, 2016

The

Schedule amends the Financial Services Regulatory

Authority of Ontario Act, 2016 in respect of the repeal of the Financial Services Commission of Ontario Act, 1997 . The

definition of the “FSCO” is amended to refer to the former Financial Services

Commission of Ontario and the definition of “Superintendent of Financial

Services” is amended to refer to the former position of Superintendent of

Financial Services. As well,

section 5 of the Act, which relates to the

provision of information by FSCO, is repealed. Finally, the Act is amended to

include a provision setting out limitations on liability for former FSCO

members and employees, as well as the Superintendent of Financial Services or

persons engaged by the Superintendent. The limitations are consistent with

those set out in

section 10 of the Financial Services

Commission of Ontario Act, 1997 .

Currently,

the Act provides that the Lieutenant Governor in Council may assess the

Financial Services Regulatory Authority of Ontario annually with respect to all

expenses and expenditures that the Ministry has incurred and made in respect of

preparing the Authority to carry out its regulatory function and in respect of

the sectors regulated by the Authority. The

Schedule amends the Act to provide

that the Minister may do this assessment from time to time.

Technical

amendments are made to the regulation-making powers under the Act.

Schedule

Fiscal Sustainability, Transparency and Accountability Act, 2019

The

Fiscal Sustainability, Transparency and Accountability

Act, 2019 is amended to provide that the requirement for a recovery plan

under

section 3 of the Act does not apply for a budget in respect of the

2020-2021 fiscal year that is released on or after April 1, 2020.

Schedule

Fuel Tax Act

The

Schedule amends

section 18 of the Fuel Tax Act in

the following ways:

1. The

reference to “audit or examine any books or records and any documents” in

clause 18 (1) (

a) is amended to read “audit or examine any books, records or

anything else”.

2. A

new subsection 18 (1.1) clarifies that any person authorized to examine

anything under subsection (1) may, in person or remotely, survey, photograph or

make any kind of record of it.

Schedule

Gaming Control Act, 1992

The

Schedule amends the Gaming Control Act, 1992 in

relation to online lottery schemes. The Act is amended to make lottery schemes

conducted and managed by the lottery subsidiary of the Alcohol and Gaming

Commission of Ontario subject to many of the rules that currently only apply to

lottery schemes conducted and managed by the Ontario Lottery and Gaming

Corporation. Minor corrections are made to the French version of the Act.

Schedule

Gasoline Tax Act

The

Schedule amends

section 16 of the Gasoline Tax Act

in the following ways:

1. The

reference to “audit or examine any books or records and any documents” in

clause 16 (1) (

a) is amended to read “audit or examine any books, records or

anything else”.

2. A

new subsection 16 (1.0.1) clarifies that any person authorized to examine

anything under subsection (1) may, in person or remotely, survey, photograph or

make any kind of record of it.

Schedule

Highway Traffic Act

The

Highway Traffic Act is amended to add a

section

regarding the disclosure of personal information. The new

section provides that

the disclosure of prescribed information is permitted if the disclosure is for

a specified purpose, if the information is disclosed to a specified authorized

requester or to a re-seller or service provider engaged by an authorized

requester, and if the authorized requester has entered into an agreement with

the Registrar regarding the disclosure.

Related

provisions are enacted respecting matters such as the publication of

information about authorized requesters and regulation-making powers.

Schedule

Innovation Centre Governance Act, 2020

The

Innovation Centre Governance Act, 2020 is enacted.

The Act limits the board of directors of Ontario Centres of Excellence Inc. to

no more than 13 directors. The Minister may appoint up to six directors but

shall not appoint a director if the appointment would result in the number of

directors appointed by the Minister being greater than or equal to the number

of other directors.

Schedule

Insurance Act

The

Schedule amends the Insurance Act as follows:

1. New

section 15.1 gives the Chief Executive Officer the authority to make certain

exemption orders. The Lieutenant Governor in Council is given regulation-making

authority with respect to those exemption orders.

2. New

section 201.2 imposes certain limits on the funds that can be held in certain

accounts and side accounts associated with or part of life insurance contracts.

3. New

section 235 governs certain notices of termination under

Part VI of the Act.

Section

263 is amended to provide that

section 233 of the Act applies to claims made

under subsection 263 (2) and to provide that insureds may elect, in accordance

with the regulations, not to recover damages under subsection 263 (2). The

Lieutenant Governor in Council is given regulation-making authority with

respect to these elections.

5. The

Schedule also includes amendments to the Statutory Conditions set out in the Act

in sections 148 and 300, relating to the delivery and electronic format of

certain notices.

Schedule

Interim Appropriation for 2021-2022 Act, 2020

The

Schedule enacts the Interim Appropriation for 2021-2022

Act, 2020 , which authorizes expenditures pending the voting of supply

for the fiscal year ending on March 31, 2022 up to specified maximum amounts. All

expenditures made or recognized under the Act must be charged to the proper

appropriation following the voting of supply for the fiscal year ending on

March 31, 2022.

Schedule

Investment Management Corporation of Ontario Act, 2015

Currently,

the Investment Management Corporation of Ontario Act, 2015

provides that the regulations may prescribe bodies that are eligible to be

members of the Corporation. An amendment is made to instead permit the

regulations to prescribe persons or entities.

SCHEDULE

Limitations Act, 2002

The

Limitations Act, 2002 is amended to provide that

the limitation periods set out in subsections 98 (3) and 187 (14) and (15) of

the Not-for-Profit Corporations Act, 2010 apply

instead of the limitation periods established under the Limitations

Act, 2002 .

Schedule

Liquor Licence and Control Act, 2019

The

Schedule makes various amendments to the Liquor Licence

and Control Act, 2019 , including the following:

1. The

definition of “retail store” is re-enacted to make allowance for retail stores

that are operable under any category of licence under the Act, if permitted

under the licence, and to expressly state that online stores and other stores

without fixed locations are contemplated. Consequential amendments are made to

the Act as well as to several other Acts.

2. The

Act is amended to permit regulations made under the Act by the Lieutenant

Governor in Council to clarify the meaning of the terms “beer”, “spirits” and

“wine”, as defined in the Act.

Section

3 of the Act is amended to provide that the Registrar may not refuse to grant

prescribed classes of endorsements without issuing a proposal to refuse to

grant an endorsement.

Section 25 and 26 are amended to address the giving of

notice of such proposals and hearings before the Licence Appeal Tribunal

respecting the proposals.

4. Subsection

16 (1) of the Act is amended to provide for the issuance of permits in

circumstances other than special occasions.

5. Subsection

55 (6.1) is added to the Act to authorize an inspector to direct a licensee,

employee of a licensee or permit holder to request that a person on premises

who appears to be under 19 years of age show evidence of the person’s age.

Section

78 of the Act, setting out the regulation-making authority of the Lieutenant

Governor in Council under the Act, is amended in various ways, including the

following:

i. Paragraph

2 of subsection 78 (1) is re-enacted to expressly permit regulations that

provide for the non-application of provisions of the Act, in addition to

regulations creating exemptions from the application of provisions of the Act

for specified persons, places or things.

ii. Paragraph

11 of subsection 78 (1) is re-enacted to expressly permit regulations that

provide for the non-issuance of licences or permits.

iii. Paragraph

12.1 is added to subsection 78 (1) to create a distinct regulation-making

authority respecting endorsements to licences under

section 3.

iv. Subsection

(4) is added to

section 78 to expressly permit regulations that authorize the

Registrar or the LCBO to exercise a discretion that may be exercised by the

Lieutenant Governor in Council in making the regulation.

SChedule

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

The

Ministry of Agriculture, Food and Rural Affairs Act

is amended in respect of the program known as the Risk Management Program. The

amendments provide that the Minister may appoint a person to manage a fund in

connection with the program and that the Insurance Act

does not apply with respect to the program.

Schedule

ministry of revenue act

The

Schedule amends the Ministry of Revenue Act . The

Minister is required to provide certified copies of notices of calculation given

under the Family Law Act on request to parents or

to the designated authority. A similar amendment is made with respect to the

child support recalculations.

new

section 11.4.1 of the Act sets out rules that apply to a program specified

in the regulations that is established to provide financial assistance by way

of grant to any businesses in connection with the outbreak of the coronavirus

(COVID-19). The Minister is authorized to make regulations governing the

administration of the program.

Schedule

Mortgage Brokerages, Lenders and Administrators Act, 2006

The

Mortgage Brokerages, Lenders and Administrators Act, 2006

is amended to add a requirement for prescribed persons and entities to register

with the Chief Executive Officer of the Financial Services Regulatory Authority

of Ontario. The requirement to register applies even if the prescribed person

or entity is also a licensee. Persons and entities who are not required to

register under the regulations may register voluntarily.

Currently,

the Act requires the Chief Executive Officer to maintain one or more public

registers of information about licensees and former licensees. The

Schedule

amends the Act to provide that the registers must also contain information

about registered persons and entities as well as persons or entities who were

formerly registered. The Chief Executive Officer may make the information in a

register available for inspection and, if the information is made public, it

must be made available without charge and in accordance with the prescribed

requirements.

Other

amendments are made to the Act to reflect the new registration requirement.

The

maximum amounts for administrative penalties and offences under the Act are

increased.

Schedule

Municipal Act, 2001

Amendments

are made to

section 313 of the Municipal Act, 2001

with respect to the tax rates for municipal purposes for the subclasses

prescribed under subsection 8 (1) of the Assessment Act .

The amendments provide that municipalities may, by by-law, provide for

different percentages than those that are set out in the Act, to a maximum of

35 per cent.

Amendments

are made to

section 364 of the Act with respect to the vacant unit rebate. The

amendments provide that municipalities may, by by-law, elect not to have a

program to provide tax rebates to owners of property that has vacant portions.

Municipalities are also given several options respecting the requirements of

their programs.

Schedule

Municipal Property Assessment Corporation Act, 1997

Subsection

15 (1) of the Municipal Property Assessment Corporation

Act, 1997 currently requires the Corporation to give certain employees

of the Government of Ontario such information and documents as the Minister may

request. The subsection is re-enacted to require the Corporation to also give

information and documents to certain persons who provide a service to or for

the Government of Ontario, as the Minister may request. A complementary

amendment is also made to subsection 15 (2).

Schedule

Ontario Cannabis Retail Corporation Act, 2017

The

Schedule amends the Ontario Cannabis Retail Corporation

Act, 2017 . The maximum number of members of the board of directors of

the Ontario Cannabis Retail Corporation is changed from seven to nine.

Technical corrections are made to the French version of the Act.

Schedule

Ontario College of Teachers ACT, 1996

The

Ontario College of Teachers Act, 1996 is amended to

make several changes to the composition of the Council of the Ontario College

of Teachers and various committees under the Act, to establish new committees

and to enact a new transitional Part:

1. Currently,

the Council of the Ontario College of Teachers is composed of 23 persons

elected by the members of the College and 14 persons appointed by the

Lieutenant Governor in Council. The

Schedule provides that the Council shall be

composed of nine members of the College appointed by the Council and nine

non-members who are appointed by the Lieutenant Governor in Council.

2. Under

the current Act, the Executive Committee exercises such powers and performs

such duties of the Council as the Council delegates to it. The

Schedule

establishes a committee named the Adjudicative Body of Chairs to perform some

functions that are currently performed by the Executive Committee. The

Adjudicative Body of Chairs shall be composed of equal numbers of College

members and non-members, all of whom are members of statutory committees.

3. A

Selection and Nominating Subcommittee is established. The subcommittee reviews

and assesses applications of all persons seeking to be on the Council, a statutory

or regulatory committee or the roster of eligible panellists and prepares a

list of nominees in each case. Appointments to the Council, committees and the

roster, other than appointments by the Lieutenant Governor in Council, must be

from among the list of nominees.

4. A

new

Part is added to the Act to provide for a period of transition during which

the existing Council and committees are dissolved and a new Council and

committees are established by the Transition Supervisory Officer. Various provisions

are made relating to the composition of such bodies and the procedures of the

Council and the committees during the transitional period.

5. Related

and consequential amendments are made.

The

Schedule also amends the Act in respect of certain acts of professional

misconduct:

1. The

Schedule amends the Act by amending subsection 23 (2.8) to prohibit the removal

of certain information from the register.

2. The

Schedule adds

section 30.3, which retroactively revokes a member’s certificate

of qualification and registration if the member was previously found guilty of

an act of professional misconduct relating to sexual abuse or child

pornography. The

Schedule also adds subsection 33 (1.1), which prohibits a

person who has had a certificate revoked for certain acts of sexual abuse,

child pornography or a prescribed sexual act from applying for reinstatement.

Subsections 33 (4.2) and (4.3) are added to allow a person to apply for

reinstatement if a conviction is overturned on appeal or a pardon has been granted.

3. Clauses

42 (1) (c.2) and (c.3) are added to the Act to provide regulation-making

authority to require a member to report certain findings made against the

member to the Registrar and to govern reporting to the Registrar.

4. The

Schedule also adds a new

section 47.2 to require the implementation of a sexual

abuse prevention program by the College. The new sections 51.1 and 51.2 require

members to report to the Registrar regarding offences, charges and bail

conditions.

5. The

Schedule also amends

section 58.1 and other related provisions to include

allegations of prescribed sexual acts as a basis for providing funding for

therapy and counselling.

Section

63.3 is added to deal with transitional matters that arise in relation to the Schedule.

Schedule

Ontario Energy Board Act, 1998

The

Schedule makes the following amendments to the Ontario

Energy Board Act, 1998 :

1. The

objectives in

section 1 of the Act that are to guide the Ontario Energy Board

respecting electricity are amended to remove objectives relating to a smart

grid and to renewable energy sources, and to add an objective relating to

innovation. Subsection 28.6 (4) of the Act is consequentially repealed.

2. Subsection

4.3 (2) of the Act is re-enacted to change the list of persons who may not be

appointed as a commissioner under the Act. Consequential amendments are made to

sections 4.1 and 4.2 of the Act.

Section

98 of the Act, respecting entry onto land at the intended location of a

proposed work (as defined in

section 89 of the Act), is amended with respect to

the powers of the Board to issue orders authorizing persons to enter onto

specified land in relation to the proposed construction, expansion or

reinforcement of an electricity distribution line or electricity transmission

line or making of an interconnection, or for the development of any such

proposed work. Further amendments to

section 98 are included in order to

anticipate related amendments to the Environmental

Assessment Act that are not yet in force.

Schedule

ONTARIO LOAN ACT, 2020 (No. 2)

The

Ontario Loan Act, 2020 (No. 2) is enacted.

Subsection 1 (1) of the Act authorizes the Crown to borrow a maximum of $18

billion.

Schedule

Ontario Northland Transportation Commission Act

The

Schedule makes various amendments to the Ontario Northland

Transportation Commission Act . Some of the more significant amendments

are set out below.

The

definition of “Minister” in the Act is changed from the Minister of Northern

Development and Mines to the Minister of Transportation. The following are now

subject to the approval of the Minister, rather than the Lieutenant Governor in

Council: the powers of the Commission set out in subsection 7 (2) of the Act;

any agreement with the Nipissing Central Railway Company under

section 11 of

the Act; the location of the lines of railway and other works of the Commission

and of the branches, and the plans of all works proposed, and the by-laws of

the Commission in accordance with

section 12 of the Act; agreements with

railway companies under subsection 14 (1) of the Act; agreements to lease

railway lines under subsection 14 (2) of the Act; and the construction

maintenance and operation of works for the production of electricity or other

motive power under

section 19 of the Act. Further, regulations made by the

Commission under subsection 13 (1) of the Act are now subject to cancellation

or amendment at the direction of the Minister, not the Lieutenant Governor in

Council.

The

Act is amended to add the new

section 7.1, which gives the Minister the power

to issue directives in writing to the Commission in respect of any matter under

the Act. In addition to the Commission, the exemptions from licences set out in

section 9 now also apply to any person providing passenger transportation

services on behalf of the Commission.

Schedule

Pension Benefits Act

The

Schedule amends the not-yet-in-force provisions of the Pension

Benefits Act relating to target benefits. The amendments relate to the

criteria for a benefit to be a target benefit, the treatment of surplus from a

pension plan providing target benefits and the requirements relating to

proposals to convert certain benefits provided by a multi-employer plan to

target benefits by amending the pension plan.

New

section 102.4 of the Act provides special rules regarding The Pension Plan of

Canadian Press Enterprises Inc. and the Canadian Press Enterprises Inc. Pension

Plan for Employees Represented by the Canadian Media Guild. The rules provide

that defined benefits provided under the two pension plans are deemed not to

have been guaranteed by the Pension Benefits Guarantee Fund during specified

periods. A technical amendment is made to

section 84 of the Act for

consistency.

Certain

not-yet-in-force provisions of the Act are repealed and substantively

re-enacted. These provisions are subject to repeal by

section 10.1 of the Legislation Act, 2006 on December 31, 2020.

SCHEDULE

PROTECTING A SUSTAINABLE PUBLIC SECTOR FOR FUTURE GENERATIONS ACT, 2019

The

Schedule amends the Protecting a Sustainable Public Sector

for Future Generations Act, 2019 .

New

sections 23.1 and 23.2 set out certain rules that apply if the representation

status of a class of employees changes.

New

section 25.1 sets out financial consequences for employers and employers’

organizations that do not comply with Management Board of Cabinet directives

issued under the Act.

Schedule

Provincial Offences Act

The

Schedule amends the Provincial Offences Act to

permit amendments to the Act that provide for the examination of a certificate

of offence by a clerk of the court under

section 9 to come into force before

the coming into force of amendments to the Act respecting early resolution

meetings (sections 5.1 and 5.2 of the Act, as amended by

Schedule 35 to the Stronger, Fairer Ontario Act (Budget Measures), 2017 ). As

well, a transition provision is added to

section 9.

Schedule

Provincial Parks and Conservation Reserves Act, 2006

The

Schedule makes various amendments to the Provincial Parks and Conservation Reserves Act, 2006 .

Here are some of the more significant amendments.

Section

10 of the Act is amended to simplify the language describing management

planning for parks and conservation reserves. Management directions and

management statements will no longer be used and only management plans will

continue to be used. The amendments also provide an exception to public

consultation requirements for amendments to management plans where, in the

Minister’s opinion, the environmentally significant aspects of the amendments

have already been considered in another process of public participation.

Section

14 of the Act is amended to enable the Minister to authorize the use or

occupation of land in provincial parks and conservation reserves, subject to

limitations respecting occupations for private, non-commercial purposes. New

subsection 14 (5) will require a person authorized to use or occupy land in a

regulation.

New

sections 14.1 and 14.2 give the Minister the power to have land in provincial

parks or conservation reserves surveyed and to annul all or part of a survey or

subdivision of such lands.

New

section 14.4 provides that unauthorized buildings, structures or things in

provincial parks or conservation reserves are the property of the Crown and may

be disposed of by the Minister, and authorizes the Minister to recover any

expenses incurred in association with the disposition of such buildings,

structures or things as a debt owing to the Crown.

Section

26 is amended to allow the Minister to establish and charge fees related to

conservation reserves.

Section

27 is amended to allow for revenues generated in respect of conservation

reserves to be deposited in the separate account in the Consolidated Revenue

Fund and to allow for payments out of that separate account for a purpose

related to conservation reserves.

New

section 33.1 limits the Crown’s liability in respect of negligence in the

construction, maintenance or repair of a road in a provincial park or

conservation reserve where a permit is not required to take a vehicle into the

provincial park or conservation reserve.

Schedule

Resource Recovery and Circular Economy Act, 2016

number of amendments are made to the Resource Recovery and

Circular Economy Act, 2016 .

Among

them:

1. The

definitions of “consumer”, “convenience packaging”, “primary packaging”, “product”

and “transport packaging” are expanded, including by allowing alternative

meanings to be provided by regulation.

2. Providing

that a regulation may designate a class of materials that includes one or more

material.

3. The

persons in addition to a brand holder who may be required to carry out

responsibilities is expanded.

4. The

Lieutenant Governor in Council may make regulations governing the collection of

blue box material, including authorizing or requiring one or more prescribed

persons or entities to make rules in respect of the collection of blue box

material.

Schedule

Supplementary Interim Appropriation for 2020-2021 Act, 2020

The

Schedule enacts the Supplementary Interim Appropriation

for 2020-2021 Act, 2020 , which authorizes expenditures pending the

voting of supply for the fiscal year ending on March 31, 2021 up to specified

maximum amounts. The expenditures authorized are in addition to those

authorized under the Interim Appropriation for 2020-2021

Act, 2019 . All expenditures made or recognized under the Interim Appropriation for 2020-2021 Act, 2019 and this

Act must be charged to the proper appropriation following the voting of supply

for the fiscal year ending on March 31, 2021.

Schedule

Taxation Act, 2007

Transfer

of tax credit from a spouse or common-law partner

Currently,

subsection 9 (17) of the Taxation Act, 2007 governs

the transfer of tax credits to a taxpayer from their spouse or common-law

partner. The method of calculating the amount that may be transferred to the

taxpayer is amended, retroactively, to include a reference to the adoption

expense tax credit.

Calculation

of surtax

Currently,

under

section 16 of the Act, an individual’s surtax for a taxation year is

determined based on the gross tax amount of the individual. The gross tax

amount is determined for a taxation year as the amount of tax that would be

payable by the individual for the year under Division B of

Part II of the Act

if that amount were determined without reference to various sections of the

Act. Retroactive amendments are made to

section 16 to remove the reference to

section 103.1.2, which provides for the community food program donation tax

credit for farmers and to add a reference to

section 21.1, the low-income

individuals and families tax credit. Complementary amendments are made to

section 103.1.2.

Technical

amendments are made to subsections 38 (3) and (4).

Ontario

interactive digital media tax credit

Subsection

93 (4) of the Act currently sets out how a qualifying corporation’s eligible

labour expenditure is determined for the Ontario interactive digital media tax

credit. An amendment is made to include in a qualifying corporation’s eligible

labour expenditure those Ontario labour expenditures that were incurred within

61-months of the end of the month in which the development of an eligible

product is completed, if the product is completed after March 14, 2020 and an

Ontario labour expenditure for the product was incurred in 2020.

Ontario

book publishing tax credit

Currently,

clause 95 (15) (

f) of the Act provides that the Ontario book publishing tax

credit cannot be claimed with respect to the publishing of a literary work if

the literary work is published in an edition of less than 500 copies of a bound

book. The clause is amended so that it does not apply to literary works

published in 2020 or 2021.

Seniors’

home safety tax credit

New

section 103.0.3 of the Act provides for the seniors’ home safety tax credit. It

is a temporary refundable tax credit available for only the 2021 taxation year.

An eligible individual’s tax credit for a taxation year is 25 per cent of the

lesser of $10,000 and the amount by which the individual’s qualifying

expenditures exceed certain government assistance.

Complementary

amendments are made to

section 84.

Right

of appeal

Currently,

subsection 125 (2) of the Act provides an Ontario taxpayer with a right to

appeal assessments of their Ontario personal income tax payable under the Act

as well as a right to appeal determinations about certain benefits that are

authorized under the Act. A retroactive amendment is made to provide

individuals with a right to appeal determinations of the benefit programs

contained in the Ontario Trillium Benefit.

Appropriations

Currently,

section 176 provides that the money for certain tax credits and benefits are to

be paid out of money appropriated for those purposes by the Legislature. The

section is amended to include a reference to the seniors’ home safety tax

credit and, on a retroactive basis, to the regional opportunities investment

tax credit.

Schedule

Tobacco Tax Act

The

Schedule amends

section 23 of the Tobacco Tax Act in the following ways:

1. Currently,

subsection 23 (1) authorizes certain persons to enter certain premises or

places for the purposes of conducting audits and examinations of various

things. The subsection is re-enacted to provide that the examination of land on

which raw leaf tobacco is produced does not require the person to enter the

premises or place.

2. The reference to “audit or examine any books and

records and any account, voucher, letter, telegram or other document” in clause

23 (1) (

a) is re-enacted as new subclause 23 (1) (a) (

i) to read “audit or

examine any books, records or anything else”.

3. A

new subsection 23 (1.2) clarifies that any person authorized to examine

anything under subsection (1) may, in person or remotely, survey, photograph or

make any kind of record of it.

Bill 229 2020

Act to implement Budget measures and to enact, amend and repeal various

statutes

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Alcohol

and Gaming Commission of Ontario Act, 2019

Schedule 2

Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996

Schedule 3

Assessment

Act

Schedule 4

City

of Toronto Act, 2006

Schedule 5

Commercial

Tenancies Act

Schedule 6

Conservation

Authorities Act

Schedule 7

Credit

Unions and Caisses Populaires Act, 2020

Schedule 8

Crown

Forest Sustainability Act, 1994

Schedule 9

Early

Childhood Educators Act, 2007

Schedule 10

Education

Act

Schedule 11

Employer

Health Tax Act

Schedule 12

Film

Content Information Act, 2020

Schedule 13

Financial

Administration Act

Schedule 14

Financial

Services Commission of Ontario Act, 1997

Schedule 15

Financial

Services Regulatory Authority of Ontario Act, 2016

Schedule 16

Fiscal

Sustainability, Transparency and Accountability Act, 2019

Schedule 17

Fuel

Tax Act

Schedule 18

Gaming

Control Act, 1992

Schedule 19

Gasoline

Tax Act

Schedule 20

Highway

Traffic Act

Schedule 21

Innovation

Centre Governance Act, 2020

Schedule 22

Insurance

Act

Schedule 23

Interim

Appropriation for 2021-2022 Act, 2020

Schedule 24

Investment

Management Corporation of Ontario Act, 2015

Schedule 25

Limitations

Act, 2002

Schedule 26

Liquor

Licence and Control Act, 2019

Schedule 27

Ministry

of Agriculture, Food and Rural Affairs Act

Schedule 28

Ministry

of Revenue Act

Schedule 29

Mortgage

Brokerages, Lenders and Administrators Act, 2006

Schedule 30

Municipal

Act, 2001

Schedule 31

Municipal

Property Assessment Corporation Act, 1997

Schedule 32

Ontario

Cannabis Retail Corporation Act, 2017

Schedule 33

Ontario

College of Teachers Act, 1996

Schedule 34

Ontario

Energy Board Act, 1998

Schedule 35

Ontario

Loan Act, 2020 (no. 2)

Schedule 36

Ontario

Northland Transportation Commission Act

Schedule 37

Pension

Benefits Act

Schedule 38

Protecting

a Sustainable Public Sector for Future Generations Act, 2019

Schedule 39

Provincial

Offences Act

Schedule 40

Provincial

Parks and Conservation Reserves Act, 2006

Schedule 41

Resource

Recovery and Circular Economy Act, 2016

Schedule 42

Supplementary

Interim Appropriation for 2020-2021 Act, 2020

Schedule 43

Taxation

Act, 2007

Schedule 44

Tobacco

Tax 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 Protect, Support and Recover from COVID-19 Act (Budget

Measures), 2020 .

Schedule 1

Alcohol and Gaming Commission of Ontario Act, 2019

Subsection 1 (1) of the Alcohol and Gaming Commission of

Ontario Act, 2019 is amended by adding the following definition:

“lottery

subsidiary” means the subsidiary of the Commission established or continued by

regulation under

section 6.1; (“filiale des loteries”)

The Act is amended by adding the following section:

Crown

agent

1.1

(1) The

Commission is an agent of the Crown in right of Ontario.

Same,

subsidiary

(2) The

lottery subsidiary is an agent of the Crown in right of Ontario.

Paragraph 3 of subsection 3 (1) of the Act is repealed and the following

substituted:

3. To

oversee the lottery subsidiary’s conduct and management of prescribed online

lottery schemes.

4. To

ensure that prescribed online lottery schemes are conducted, managed and

operated by the lottery subsidiary in accordance with the Criminal

Code (Canada), this Act and the Gaming Control Act,

1992 and the regulations made under them.

5. If

authorized by the Lieutenant Governor in Council, to enter into agreements to

have the lottery subsidiary conduct and manage prescribed online lottery

schemes on behalf of, or in conjunction with, the government of one or more

provinces of Canada.

6. To

engage in such other activities as may be prescribed.

The Act is amended by adding the following section:

Minister’s

directives re online lottery schemes

4.1

(1) The

Minister may issue directives in writing that relate to the conduct and management

of prescribed online lottery schemes to the Commission or to the lottery

subsidiary in respect of the Commission’s or the lottery subsidiary’s

operations.

Implementation

(2) The

board of directors of the Commission or of the lottery subsidiary, as

applicable, shall ensure that the directives are implemented promptly and

efficiently.

Directive

not a regulation

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to a directive.

Subsection 6 (4) of the Act is repealed and the following substituted:

Delegation

of powers and duties

(4) The

board of directors of the Commission may delegate, in writing, any of its

powers and duties to any committee of the board or to one or more officers or

employees of the Commission, other than the power to,

(

a) make,

amend or repeal by-laws of the Commission;

(

b) establish

fees and charges under

section 13; and

(

c) establish

a

schedule of monetary penalties under

section 14.

Exception,

oversight of prescribed online lottery schemes

(4.1) Despite

subsection (4), the board shall not delegate any powers and duties to the

Registrar or a Deputy Registrar that relate to the oversight of the lottery

subsidiary.

(1) The Act is amended by adding the following section:

Lottery

subsidiary

6.1

(1) The

Lieutenant Governor in Council may, by regulation, establish or continue a

corporation without share capital that is a subsidiary of the Commission that

has as its objects and duties,

(

a) conducting

and managing prescribed online lottery schemes; and

(

b) any

other prescribed objects or duties.

Operations,

etc.

(2) The

lottery subsidiary shall comply with this Act, the regulations and any

Ministerial directives in conducting and managing the prescribed online lottery

schemes.

Powers

of a natural person subject to prescribed limitations

(3) The

lottery subsidiary has the capacity, rights and powers of a natural person,

subject to such limitations as may be prescribed.

Revenues

and investments

(4) Despite

Part I of the Financial Administration Act , the revenues

and investments of the lottery subsidiary do not form part of the Consolidated

Revenue Fund.

Application

of Business Corporations Act

(5) The

regulations may specify provisions of the Business

Corporations Act that apply to the lottery subsidiary and its directors

and officers, with or without any prescribed modifications.

Non-application

of Corporations Act

(6) The

Corporations Act does not apply to the lottery

subsidiary, except as may be prescribed.

Non-application

of Corporations Information Act

(7) The

Corporations Information Act does not apply to the

lottery subsidiary.

(2) Subsection

6.1 (6) of the Act, as enacted by subsection (1), is amended by striking out “ Corporations Act ” and substituting “ Not-for-Profit

Corporations Act, 2010 ”.

Section 10 of the Act is repealed and the following substituted:

Immunity

of employees and others

(1) No

cause of action arises against,

(

a) a

director, officer or employee of the Commission as a result of any act done in

good faith in the performance or intended performance of their duties under

this Act, any duties related to the lottery subsidiary, any of their duties

under the alcohol, cannabis, gaming and horse racing statutes or any alleged

neglect or default in the performance in good faith of those duties;

(

b) a

director, officer or employee of the lottery subsidiary as a result of any act

done in good faith in the performance or intended performance of their power to

conduct and manage prescribed online lottery schemes; or

(

c) the

Crown, a minister of the Crown or an employee of the Crown as a result of any

act or omission of a person who is not a minister of the Crown or a Crown

employee, if the act or omission is related, directly or indirectly, to the Commission’s

affairs, to the lottery subsidiary’s affairs or to the administration of this

Act or any of the alcohol, cannabis, gaming and horse racing statutes.

proceeding

(2) No

proceeding shall be instituted against,

(

a) a

director, officer or employee of the Commission by a person who has suffered

any damages, injury or other loss based on or related to any cause of action

described in clause (1) (a);

(

b) a

director, officer or employee of the lottery subsidiary by a person who has

suffered any damages, injury or other loss based on or related to any cause of

action described in clause (1) (b); or

(

c) the

Crown, a minister of the Crown or an employee of the Crown by a person who has

suffered any damages, injury or other loss based on or related to any cause of

action described in clause (1) (c).

Same

(3) Subsections

(1) and (2) do not relieve the Commission or the lottery subsidiary of any

liability to which it would otherwise be subject.

The Act is amended by adding the following section:

Payments

from lottery subsidiary

12.1 The regulations may

require the lottery subsidiary to make payments in accordance with the

regulations, which may include requiring the lottery subsidiary to make

payments in accordance with the Commission’s directions.

Section 16 of the Act is repealed and the following substituted:

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) respecting anything that, in this Act,

may or must be prescribed, done, specified or provided for in the regulations;

(

b) establishing

or continuing the lottery subsidiary, which may include continuing a lottery

subsidiary that was established under the Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996 ;

(

c) respecting

the governance and operations of the lottery subsidiary, including,

(

i) governing

the board of directors of the lottery subsidiary, including its composition,

procedure and quorum, and the powers and duties of the board, including its

power to make by-laws,

(ii) governing

the mechanism of appointing directors or filling vacancies on the board of

directors and the functions, powers, duties and remuneration of directors,

(iii) governing

the ability of the board of directors to delegate its powers and duties and to

designate the offices of the lottery subsidiary, appoint officers, specify

their duties and delegate to them or to committees of the board the powers to

manage the activities and affairs of the lottery subsidiary,

(iv) governing

committees of the board of directors, including governing the operation and

functions of the committees,

(

v) governing

the authority of the lottery subsidiary to employ, appoint or otherwise engage

persons for the proper conduct of its activities,

(vi) governing

the functions, powers, duties and remuneration of officers and employees of the

lottery subsidiary,

(vii) governing

the capacity, rights, powers and privileges of the lottery subsidiary and any

restrictions on them,

(viii) establishing

requirements respecting the accountability of the lottery subsidiary to the

Crown, including requiring the lottery subsidiary to provide specified reports

to the Minister,

(ix) establishing

conflict of interest rules,

(

x) governing

audits of the lottery subsidiary and the appointment of the lottery

subsidiary’s auditors, which may include required audits by the Minister or the

Minister’s delegate,

(xi) governing

the winding up and dissolution of the lottery subsidiary and the transfer of

its assets, liabilities, rights and obligations;

(

d) prescribing

online lottery schemes that the lottery subsidiary may conduct and manage,

which shall not include any lottery schemes that are conducted and managed by

the Ontario Lottery and Gaming Corporation;

(

e) governing

the ability of officers or employees of the Commission or of the lottery

subsidiary to simultaneously be appointed as, work for or provide advice to,

(

i) the

Registrar, a Deputy Registrar or any other officer or employee who works for or

provides advice to the Registrar,

(ii) any

officer or employee of the lottery subsidiary who assists in conducting and

managing prescribed online lottery schemes;

(

f) governing

the collection of, and payment out of, revenue that the lottery subsidiary

receives, including revenue from prescribed online lottery schemes;

(

g) requiring

the lottery subsidiary to make payments, including requiring the lottery

subsidiary to make payments in accordance with the Commission’s direction;

(

h) specifying

that any provisions of this Act that relate to the Commission apply to the

lottery subsidiary, subject to such modifications as may be prescribed;

(

i) governing

the operations of any prescribed online lottery scheme that is conducted and

managed by the lottery subsidiary, including prescribing requirements that the

lottery scheme must meet or restrictions or prohibitions that apply to the

lottery scheme;

(

j) governing

transitional matters that may arise due to the establishment of the lottery

subsidiary, any other amendments to this Act made by the Protect,

Support and Recover from COVID-19 Act (Budget Measures), 2020 or the

repeal of any provision of the Alcohol, Cannabis and

Gaming Regulation and Public Protection Act, 1996 ;

(

k) respecting

any matter necessary to facilitate the implementation of this Act.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on a

day to be named by proclamation of the Lieutenant Governor.

(2) Subsection

6 (2) comes into force on the later of the day subsection 6 (1) of this

Schedule

comes into force and the day subsection 4 (1) of the Not-for-Profit

Corporations Act, 2010 comes into force.

Schedule 2

Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996

(1) Section 1 of the Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 is amended by adding the following

definitions:

“lottery

subsidiary” means the subsidiary of the Commission established by regulation

under

section 6.1; (“filiale des loteries”)

“prescribed”

means prescribed by the regulations made under this Part; (“prescrit”)

(2) The

definition of “Tribunal” in

section 1 of the Act is amended by striking out “by

the regulations made under this Part” at the end.

The Act is amended by adding the following section:

Crown

agent

1.1

(1) The

Commission is an agent of the Crown in right of Ontario.

Same,

subsidiary

(2) The

lottery subsidiary is an agent of the Crown in right of Ontario.

Paragraph 2 of subsection 2 (9) of the Act is amended by striking out “by

regulations made under this Part” at the end.

Subsection 3 (2) of the Act is repealed and the following substituted:

Same

(2) In

addition to its powers and duties under this Act, the Commission shall,

(

a) exercise

those powers and duties under the Liquor Control Act

and the regulations made under it that are assigned to it by the Lieutenant

Governor in Council;

(

b) oversee

the lottery subsidiary’s conduct and management of prescribed online lottery

schemes;

(

c) ensure

that prescribed online lottery schemes are conducted, managed and operated by

the lottery subsidiary in accordance with the Criminal

Code (Canada), this Act and the Gaming Control Act,

1992 and the regulations made under them; and

(

d) if

authorized by the Lieutenant Governor in Council, enter into agreements to have

the lottery subsidiary conduct and manage prescribed online lottery schemes on

behalf of, or in conjunction with, the government of one or more provinces of

Canada.

The Act is amended by adding the following sections:

General

powers

4.1

(1) Except

as limited by this Act, the Commission has the capacity, rights and powers of a

natural person for carrying out its objects.

Cabinet

approval

(2) The

Commission shall not exercise the following powers without the approval of the

Lieutenant Governor in Council:

1. Acquiring,

disposing of, leasing, mortgaging, charging or otherwise transferring or

encumbering any interest in real property, except for leasing space that is

reasonably necessary for the purposes of the Commission.

2. Borrowing

or lending money.

3. Pledging,

charging or encumbering any of its personal property.

4. Creating

a subsidiary.

Minister’s

directives re online lottery schemes

4.2

(1) The

Minister may issue directives in writing that relate to the conduct and

management of prescribed online lottery schemes to the Commission or to the

lottery subsidiary in respect of the Commission’s or the lottery subsidiary’s

operations.

Implementation

(2) The

board of directors of the Commission or of the lottery subsidiary, as

applicable, shall ensure that the directives are implemented promptly and

efficiently.

Directive

not a regulation

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to a directive.

Section 5 of the Act is repealed and the following substituted:

Delegation

of powers and duties

(1) The

board of the Commission may delegate, in writing, any of its powers and duties

to any committee of the board or to any person or persons employed by the

Commission, and any such delegation is subject to any conditions set out in the

delegation.

Exceptions

(2) Despite

subsection (1), the board shall not delegate any powers and duties to the

Registrar or a Deputy Registrar that relate to the oversight of the lottery

subsidiary.

(1) The Act is amended by adding the following section:

Lottery

subsidiary

6.1

(1) The

Lieutenant Governor in Council may, by regulation, establish a corporation

without share capital that is a subsidiary of the Commission that has as its

objects and duties,

(

a) conducting

and managing prescribed online lottery schemes; and

(

b) any

other prescribed objects or duties.

Operations,

etc.

(2) The

lottery subsidiary shall comply with this Act, the regulations made under this

Part and any Ministerial directives in conducting and managing the prescribed

online lottery schemes.

Powers

of a natural person subject to prescribed limitations

(3) The

lottery subsidiary has the capacity, rights and powers of a natural person,

subject to such limitations as may be prescribed.

Revenues

and investments

(4) Despite

Part I of the Financial Administration Act , the

revenues and investments of the lottery subsidiary do not form part of the

Consolidated Revenue Fund.

Application

of Business Corporations Act

(5) The

regulations made under this Part may specify provisions of the Business Corporations Act that apply to the lottery

subsidiary and its directors and officers, with or without any prescribed

modifications.

Non-application of Corporations

Act

(6) The

Corporations Act does not apply to the lottery

subsidiary, except as may be prescribed.

Non-application

of Corporations Information Act

(7) The

Corporations Information Act does not apply to the

lottery subsidiary.

(2) Subsection

6.1 (6) of the Act, as enacted by subsection (1), is amended by striking out “ Corporations Act ” and substituting “ Not-for-Profit

Corporations Act, 2010 ”.

The Act is amended by adding the following section:

Immunity

of employees and others

7.1

(1) No cause

of action arises against,

(

a) a

director, officer or employee of the Commission as a result of any act done in

good faith in the performance or intended performance of their duties under

this Act, any duties related to the lottery subsidiary, any of their duties

under the alcohol, cannabis, gaming and horse racing statutes or any alleged

neglect or default in the performance in good faith of those duties;

(

b) a

director, officer or employee of the lottery subsidiary as a result of any act

done in good faith in the performance or intended performance of their power to

conduct and manage prescribed online lottery schemes; or

(

c) the

Crown, a minister of the Crown or an employee of the Crown as a result of any

act or omission of a person who is not a minister of the Crown or a Crown

employee, if the act or omission is related, directly or indirectly, to the

Commission’s affairs, to the lottery subsidiary’s affairs or to the

administration of this Act or any of the alcohol, cannabis, gaming and horse

racing statutes.

proceeding

(2) No

proceeding shall be instituted against,

(

a) a

director, officer or employee of the Commission by a person who has suffered

any damages, injury or other loss based on or related to any cause of action

described in clause (1) (a);

(

b) a

director, officer or employee of the lottery subsidiary by a person who has

suffered any damages, injury or other loss based on or related to any cause of

action described in clause (1) (b); or

(

c) the

Crown, a minister of the Crown or an employee of the Crown by a person who has

suffered any damages, injury or other loss based on or related to any cause of

action described in clause (1) (c).

Same

(3) Subsections

(1) and (2) do not relieve the Commission or the lottery subsidiary of any

liability to which it would otherwise be subject.

The Act is amended by adding the following section:

Payments

from lottery subsidiary

8.1 The regulations made

under this Part may require the lottery subsidiary to make payments in

accordance with the regulations, which may include requiring the lottery

subsidiary to make payments in accordance with the Commission’s directions.

(1) Paragraph 1 of subsection 14.1 (1) of the Act is amended by

striking out “by the regulations made under this Part” at the end.

(2) Paragraph

2 of subsection 14.1 (4) of the Act is amended by striking out “by the

regulations made under this Part” at the end.

Clause 16 (

c) of the Act is repealed and the following substituted:

(

c) respecting

anything that, in this Part, may or must be prescribed, done, specified or

provided for in the regulations made under this Part;

(

d) establishing

the lottery subsidiary;

(

e) respecting the

governance and operations of the lottery subsidiary, including,

(

i) governing

the board of directors of the lottery subsidiary, including its composition,

procedure and quorum, and the powers and duties of the board, including its

power to make by-laws,

(ii) governing

the mechanism of appointing directors or filling vacancies on the board of

directors and the functions, powers, duties and remuneration of directors,

(iii) governing

the ability of the board of directors to delegate its powers and duties and to designate

the offices of the lottery subsidiary, appoint officers, specify their duties

and delegate to them or to committees of the board the powers to manage the

activities and affairs of the lottery subsidiary,

(iv) governing

committees of the board of directors, including governing the operation and

functions of the committees,

(

v) governing

the authority of the lottery subsidiary to employ, appoint or otherwise engage

persons for the proper conduct of its activities,

(vi) governing

the functions, powers, duties and remuneration of officers and employees of the

lottery subsidiary,

(vii) governing

the capacity, rights, powers and privileges of the lottery subsidiary and any

restrictions on them,

(viii) establishing

requirements respecting the accountability of the lottery subsidiary to the

Crown, including requiring the lottery subsidiary to provide specified reports

to the Minister,

(ix) establishing

conflict of interest rules,

(

x) governing

audits of the lottery subsidiary and the appointment of the lottery

subsidiary’s auditors, which may include required audits by the Minister or the

Minister’s delegate,

(xi) governing

the winding up and dissolution of the lottery subsidiary and the transfer of

its assets, liabilities, rights and obligations;

(

f) prescribing

online lottery schemes that the lottery subsidiary may conduct and manage,

which shall not include any lottery schemes that are conducted and managed by

the Ontario Lottery and Gaming Corporation;

(

g) governing

the ability of officers or employees of the Commission or of the lottery

subsidiary to simultaneously be appointed as, work for or provide advice to,

(

i) the

Registrar, a Deputy Registrar or any other officer or employee who works for or

provides advice to the Registrar, and

(ii) any

officer or employee of the lottery subsidiary who assists in conducting and

managing prescribed online lottery schemes;

(

h) governing

the collection of, and payment out of, revenue that the lottery subsidiary

receives, including revenue from prescribed online lottery schemes;

(

i) requiring

the lottery subsidiary to make payments, including requiring the lottery

subsidiary to make payments in accordance with the Commission’s direction;

(

j) specifying

that any provisions of this Part that relate to the Commission apply to the

lottery subsidiary, subject to such modifications as may be prescribed;

(

k) governing

the operations of any prescribed online lottery scheme that is conducted and

managed by the lottery subsidiary, including prescribing requirements that the

lottery scheme must meet or restrictions or prohibitions that apply to the

lottery scheme;

(

l) governing

transitional matters that may arise due to the establishment of the lottery

subsidiary or any other amendments to this Part made by the Protect, Support and Recover from COVID-19 Act (Budget Measures),

2020 ;

(

m) respecting

any matter necessary to facilitate the implementation of this Part.

(1) The definition of “beer” in subsection 17 (1) of the Act is

amended by striking out “but does not include a beverage purporting to be beer

that contains alcohol obtained by a means other than the fermentation of an

infusion or decoction of barley, malt and hops or similar products if the

alcohol so obtained increases the total alcohol content of the beverage by more

than 0.5 per cent by volume” at the end.

(2) The

definition of “Ontario wine cooler” in subsection 17 (1) of the Act is amended

by striking out “means Ontario wine or a beverage containing Ontario wine” and

substituting “means, except as prescribed by the regulations, Ontario wine or a

beverage containing Ontario wine”.

(3) The

is repealed and the following substituted:

“spirits”

means a beverage that is spirits for the purposes of the Liquor

Licence and Control Act, 2019 ; (“spiritueux”)

(4) The

definition of “spirits cooler” in subsection 17 (1) of the Act is amended by

striking out “means a beverage” and substituting “means, except as prescribed

by the regulations, a beverage”.

(5) The

definition of “wine cooler” in subsection 17 (1) of the Act is amended by

striking out “means wine or a beverage” and substituting “means, except as

prescribed by the regulations, wine or a beverage”.

(6) The

French version of the definition of “reserve” in subsection 17 (4) of the Act

is amended by striking out “habitants” and substituting “habitants indiens”.

Subsections 27 (1.1) to (2.1) of the Act are repealed and the following

substituted:

Same,

purchases from wine boutique

(1.1) Despite

subsection (1), a purchaser who purchases from an authorized grocery store wine

that is Ontario wine or wine cooler that is Ontario wine cooler shall, if the

wine or wine cooler is manufactured by the operator of the wine boutique

located in the shopping area of the grocery store, pay a basic tax in respect

of the purchase at the basic tax rate of 9.6 per cent of the retail price of

the wine or wine cooler.

Other

wine or wine cooler

(2) A

purchaser who purchases from a winery retail store or an authorized grocery

store wine that is not Ontario wine or wine cooler that is not Ontario wine

cooler shall pay a basic tax in respect of the purchase at the basic tax rate

of 19.1 per cent of the retail price of the wine or wine cooler.

Same,

purchases from wine boutique

(2.1) Despite

subsection (2), a purchaser who purchases from an authorized grocery store wine

that is not Ontario wine or wine cooler that is not Ontario wine cooler shall,

if the wine or wine cooler is manufactured by the operator of the wine boutique

located in the shopping area of the grocery store, pay a basic tax in respect

of the purchase at the basic tax rate of 22.6 per cent of the retail price of

the wine or wine cooler.

Subsection 71 (1) of the Act is repealed and the following substituted:

Regulations

Lieutenant

Governor in Council

(1) The

Lieutenant Governor in Council may make regulations,

(

a) defining

terms or expressions used in this Part that are not defined in this Part;

(

b) excluding

a beverage from the definition of “spirits cooler”, an Ontario wine or a

beverage containing Ontario wine from the definition of “Ontario wine cooler”

or a wine or beverage from the definition of “wine cooler” for the purposes of

those

definitions in subsection 17 (1).

Ontario

Lottery and Gaming Corporation Act, 1999

Paragraph 3 of

section 3 of the Ontario Lottery and Gaming

Corporation Act, 1999 is amended by adding “the” after “ensure that”.

Plan

to Build Ontario Together Act, 2019

Subsection 5 (23) and subsections 15 (2), (3) and (4) of

Schedule 2 to the Plan to Build Ontario Together Act, 2019 are repealed.

Commencement

(1) Subject to subsections (2) to (4), this

Schedule comes into

force on the day the Protect, Support and Recover from

COVID-19 Act (Budget Measures), 2020 receives Royal Assent.

(2) Sections

1 to 6, subsection 7 (1), sections 8 to 11, subsections 12 (1) to (5) and

section 14 come into force on a day to be named by proclamation of the

Lieutenant Governor.

(3) Subsection 7 (2) comes into

force on the later of the day subsection 7 (1) of this

Schedule comes into

force and the day subsection 4 (1) of the Not-for-Profit

Corporations Act, 2010 comes into force.

(4) Section

13 is deemed to have come into force on June 1, 2020.

Schedule 3

Assessment Act

(1) The definition of “Assessment Review Board” in subsection 1

(1) of the Assessment Act is amended by adding “and

“the Board” has a corresponding meaning” at the end.

(2) The

definitions of “Minister” and “Ministry” in subsection 1 (1) of the Act are

repealed and the following substituted:

“Minister”

means the Minister of Finance 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”)

“Ministry”

means the ministry of the Minister; (“ministère”)

(1) Clause 2 (2) (d.6) of the Act is repealed.

(2) Subsection

2 (2.0.1) of the Act is repealed.

(3) Clause

2 (3.1) (

d) of the Act is repealed and the following substituted:

(

d) allow

for a municipality, other than a lower-tier municipality, to, by by-law,

(

i) establish

all of the requirements for land to be included in a class or subclass in the

municipality or some portion of it,

(ii) establish

requirements, in addition to those set out in the regulation, for land to be

included in a class or subclass in the municipality or some portion of it, or

(iii) provide

that any requirement set out in the regulation does not apply for land to be

included in a class or subclass in the municipality or some portion of it.

(4) Section

2 of the Act is amended by adding the following subsection:

Same

(3.2) A

by-law under clause (3.1) (

d) may specify that individual properties, or

portions thereof, are eligible or ineligible to be included in the class or

subclass.

Paragraph 15.1 of subsection 3 (1) of the Act is amended by adding “or by an

Ontario unit of the Army, Navy and Air Force Veterans in Canada” at the end.

Section 19 of the Act is amended by adding the following subsections:

Same

(4) A

regulation under subsection (2.1) may provide that the regulation does not

apply to land within a municipality unless the municipality has, in the

prescribed manner, opted to have the regulation apply. In this subsection,

“municipality” means an upper-tier municipality and a single-tier municipality.

Same

(4.1) If

a municipality opts to have a regulation under subsection (2.1) apply,

(

a) the

regulation may require or permit the municipality to establish criteria,

parameters or comparators which must be used, or must not be used, in

determining the current value of land under the regulation; and

(

b) the

municipality may specify, by by-law, that the regulation applies only to,

(

i) properties

that meet the requirements set out in the by-law,

(ii) properties

in a portion of the municipality,

(iii) specified

properties or types of properties in the municipality, or

(iv) specified

properties or types of properties in a portion of the municipality.

Delegation

by upper-tier municipality

(4.2) An

upper-tier municipality that opts to have a regulation under subsection

(2.1) apply may, by by-law, permit its lower-tier municipalities to establish

anything the upper-tier municipality is required or permitted to establish

under clause (4.1) (

a) or to specify anything that the upper-tier municipality

is permitted to specify under clause (4.1) (b).

(1) Subsection 19.1 (3) of the Act is amended by striking out “For

2009 and subsequent taxation years” at the beginning.

(2) Section

19.1 of the Act is amended by adding the following subsection:

Regulations

(3.1) The

Minister may, by regulation, provide for rules or percentages other than those

set out in subsection (3) that shall apply if the current value of land

increases because of a general reassessment.

(3) Subsection

19.1 (4) of the Act is amended by striking out “for the 2009 and subsequent

taxation years” in the portion before clause (a).

(1) Subsection 33 (1.1) of the Act is repealed.

(2) Section

33 of the Act is amended by adding the following subsection:

Prescribed

exceptions

(3.1) The

Minister may make regulations providing that subsection (1) or (3) does not

apply with respect to specified land during the period and in the circumstances

set out in the regulations.

Section 44 of the Act is amended by adding the following subsections:

Reference

to similar lands

(4) If

a municipality has passed a by-law in which it opts to have a regulation under

subsection 19 (2) or (2.1) apply to the determination of the current value of

land, the Board shall not have reference, for the purpose of clause (3) (b), to

the value of land that has been determined in the manner specified in a

regulation under subsection 19 (2) or (2.1), as the case may be, and shall not

consider those lands to be similar lands in the vicinity.

Exception

(5) Subsection

(4) does not apply if the current value of the land that is the subject of the

appeal has also been determined in the manner specified under the regulation

under subsection 19 (2) or (2.1), as the case may be.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Protect, Support and Recover from COVID-19 Act

(Budget Measures), 2020 receives Royal Assent.

(2) Section

3 is deemed to have come into force on January 1, 2019.

Schedule 4

City of Toronto Act, 2006

(1) Subsection 278 (1.1) of the City of Toronto

Act, 2006 is repealed and the following substituted:

City

option

(1.1) Despite

subsection (1), the City may pass a by-law providing that instead of the

percentages described in paragraph 2, 3, 4 or 5 of subsection (1), the tax

rates shall be reduced by the percentages set out in the by-law.

Same,

maximum percentage

(1.1.1) A

by-law described in subsection (1.1) shall not provide for a percentage greater

than 35 per cent for any subclass.

(2) Subsection

278 (1.2) of the Act is amended by striking out “paragraph 1, 2, 3 4 or 5 of

subsection (1), as the case may be” at the end and substituting “paragraph 1 of

subsection (1)”.

(3) Subsection

278 (1.3) of the Act is repealed and the following substituted:

Same

(1.3) Despite

subsection (1), the City,

(

a) may

pass a by-law providing that a tax rate reduction in paragraph 2, 3, 4 or 5 of

subsection (1) does not apply; and

(

b) may,

if authorized by the regulations, pass a by-law providing that a tax rate

reduction in paragraph 1 of subsection (1) does not apply.

(1) Section 331 of the Act is amended by adding the following

subsection:

City

option

(1.1) Despite

subsection (1), the City is not required to have a program to provide tax

rebates to owners of property that has vacant portions if the City passes a

by-law providing that subsection (1) does not apply in the City.

(2) Paragraph

1 of subsection 331 (2) of the Act is amended by adding “and as set out in a

by-law passed under subsection (2.1)” at the end.

(3) Paragraph

2 of subsection 331 (2) of the Act is amended by adding “or a by-law passed

under subsection (2.1)” after “in accordance with, the regulations”.

(4) Paragraph

3 of subsection 331 (2) of the Act is amended by adding “or a by-law passed

under subsection (2.1)” after “in accordance with, the regulations”.

(5) Paragraph

3.1 of subsection 331 (2) of the Act is amended by adding “or a by-law passed

under subsection (2.1)” after “in accordance with, the regulations”.

(6) Subsection

331 (2.1) of the Act is repealed and the following substituted:

Options

for by-law

(2.1) The

City may, by by-law,

(

a) provide

for requirements for the program in addition to the requirements under this

section, including additional requirements or criteria for a property or

portion of a property to be eligible property;

(

b) specify

circumstances under which no rebate is payable in respect of a property that

would otherwise be eligible property; and

(

c) specify,

for each class in respect of which the rebate applies, a percentage for the

rebate for eligible property of up to 35 per cent.

(7) Subsection

331 (4) of the Act is repealed.

(8) Clause

331 (12) (d.2) of the Act is amended by striking out “subsections (2.1) and

(2.2)” at the end and substituting “subsection (2.1)”.

(9) Section

331 of the Act is amended by adding the following subsection:

Conflict

(12.1) In

the event of a conflict between a by-law described in subsection (1.1) or

(2.1) and any provision of a regulation made under this section, the by-law prevails.

Commencement

This

Schedule comes into force on the day the Protect, Support and Recover from COVID-19 Act (Budget

Measures), 2020 receives Royal Assent.

Schedule 5

Commercial Tenancies Act

(1) Part IV of the Commercial Tenancies Act

is repealed and the following substituted:

Part

Non-enforcement

period

this Part,

“non-enforcement

period” means,

(

a) in

respect of a tenancy referred to in subsection 80 (1), the period that begins

on the day subsection 1 (1) of

Schedule 5 to the Protect,

Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into

force and ends on the prescribed date, and

(

b) in

respect of a tenancy referred to in subsection 80 (2), the period prescribed

for the purposes of this clause.

Application

(1) This

Part applies to a tenancy in respect of which the landlord satisfies any of the

following criteria:

1. The

landlord is or was eligible to receive assistance under the Canada Emergency

Commercial Rent Assistance for small businesses program.

2. The

landlord is receiving or has received assistance under the Canada Emergency

Commercial Rent Assistance for small businesses program.

3. The

landlord would be eligible to receive assistance under the Canada Emergency

Commercial Rent Assistance for small businesses program if the landlord entered

into a rent reduction agreement with the tenant containing a moratorium on

eviction.

4. The

landlord would have been eligible to receive assistance under the Canada

Emergency Commercial Rent Assistance for small businesses program as described

in paragraph 1 or 3 if applications under that program were being accepted.

This paragraph applies only if applications to the Canada Emergency Commercial

Rent Assistance for small businesses program are no longer being accepted or if

assistance is no longer available under the program.

Application,

prescribed tenancies

(2) This

Part applies to a tenancy that satisfies the prescribed criteria. However,

sections 83 and 85 apply, with prescribed modifications, in respect of those

tenancies only if so provided by the regulations.

Conflict

(3) This

Part applies despite any other Part of this Act or any provision in an

agreement or any common law rule.

Eviction

orders for rent arrears not effective during the non-enforcement period

(1) Despite

anything in this or any other Act, a judge shall not order a writ of possession

that is effective during the non-enforcement period that applies in respect of

a tenancy referred to in subsection 80 (1) or (2) if the basis for ordering the

writ is an arrears of rent.

Same

(2) Subsection

(1) applies in respect of an action or application that was commenced before,

on or after the day the applicable non-enforcement period begins.

re-entry during the non-enforcement period

landlord shall exercise a right of re-entry in respect of a tenancy referred to

in subsection 80 (1) or (2) during the applicable non-enforcement period.

Restore

possession and compensate for re-entry

(1) If a landlord exercised a right

of re-entry during the period that begins on October 31, 2020 and ends

immediately before the day subsection 1 (1) of

Schedule 5 to the Protect, Support and Recover from COVID-19 Act (Budget

Measures), 2020 comes into force, the landlord shall, as soon as

reasonably possible,

(

a) restore

possession of the premises to the tenant unless the tenant declines to accept

possession; or

(

b) if

the landlord is unable to restore possession of the premises to the tenant for

any reason other than the tenant declining to accept possession, compensate the

tenant for all damages sustained by the tenant by reason of the inability to

restore possession.

Tenancy

deemed reinstated

(2) If

a landlord restores possession of a premises to a tenant under subsection (1),

the landlord and the tenant agree otherwise.

distress during the non-enforcement period

landlord shall, during the applicable non-enforcement period, seize any goods

or chattels as a distress for arrears of rent in respect of a tenancy referred

to in subsection 80 (1) or (2).

Return

goods seized before the non-enforcement period

If, during the period that begins on October 31, 2020 and

ends immediately before the day subsection 1 (1) of

Schedule 5 to the Protect, Support and Recover from COVID-19 Act (Budget

Measures), 2020 comes into force, a landlord seized any goods or

chattels as a distress for arrears of rent, the landlord shall, as soon as

reasonably possible, return to the tenant all of the seized goods and chattels

that are unsold as of the day subsection 1 (1) of

Schedule 5 to the Protect, Support and Recover from COVID-19 Act (Budget

Measures), 2020 comes into force.

Liability

for re-entry and seizure of goods

(1) A

landlord who contravenes

section 82 or 84 or who fails to comply with clause 83

(1) (

a) or

section 85 is liable to the person aggrieved for any damages

sustained by the person aggrieved as a result of the contravention or non-compliance.

Same

(2) For

greater certainty, subsection (1) applies in addition to any other remedy

available by law to the person aggrieved.

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

any matter referred to in this Part as prescribed;

(

b) prescribing

transitional rules that apply in respect of the non-enforcement period that is

applicable in respect of a tenancy referred to in subsection 80 (2), including

providing that sections 83 and 85 apply in respect of those tenancies and prescribing

modifications to those sections and

section 86.

(2) Part

IV of the Act, as re-enacted by subsection (1), is repealed.

Commencement

(1) Subject to subsection (2), this

Schedule

comes into force on the day the Protect, Support and

Recover from COVID-19 Act (Budget Measures), 2020 receives Royal Assent.

(2) Subsection

1 (2) comes into force on the second anniversary of the day the Protect, Support and Recover from COVID-19 Act (Budget

Measures), 2020 receives Royal Assent.

Schedule 6

Conservation Authorities Act

The Conservation Authorities Act is amended by

adding the following section:

Existing

aboriginal or treaty rights

1.1 For greater certainty,

nothing in this Act shall be construed so as to abrogate or derogate from the

protection provided for the existing aboriginal and treaty rights of the

aboriginal peoples of Canada as recognized and affirmed in

section 35 of the Constitution Act, 1982 .

(1) Subsection 14 (1) of the Act is amended by adding “Subject to

subsection (3)” at the beginning.

(2) Section

14 of the Act is amended by adding the following subsections:

Members

of council appointed

(1.1) When

appointing members of an authority, the council of a participating municipality

shall ensure that at least 70 per cent of its appointees are selected from

among the members of the municipal council, subject to subsection (1.2).

Exception

(1.2) Upon

application by a participating municipality, the Minister may grant permission

to the municipality to select less than 70 per cent of its appointees to an

authority from among the members of the municipal council, subject to such

conditions or restrictions as the Minister considers appropriate.

(3) Subsection

14 (2) of the Act is amended by striking out “The total number of members of

the authority and the number of members that each participating municipality

may appoint” at the beginning and substituting “The total number of municipally

appointed members of the authority and the number of municipal councillors that

each participating municipality may appoint”.

(4) Section

14 of the Act is amended by adding the following subsections:

Municipal

agreement

(2.2) If

the participating municipalities of an authority enter into an agreement with

respect to the total number of municipally appointed members of the authority

and the total number of members each municipality may appoint, the authority

shall, within 60 days after the agreement is executed,

(

a) provide

a copy of the agreement to the Minister; 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.

Same,

transition

(2.3) If

an agreement referred to in subsection (2.2) is in force on the day subsection 2

(4) of

Schedule 6 to the Protect, Support and Recover from

COVID-19 Act (Budget Measures), 2020 comes into force, the relevant

authority shall provide a copy of the agreement to the Minister within 60 days

after that day.

(5) Subsection

14 (4) of the Act is repealed and the following substituted:

Member

from agricultural sector appointed

(4) In

addition to the members of an authority appointed in accordance with

subsections (1) to (2.1), an additional member may be appointed to the

authority by the Minister as a representative of the agricultural sector.

Limitation

on voting

(4.0.1) The

member of an authority appointed under subsection (4) 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.

(6) Subsection

14 (4.1) of the Act is amended by adding “or, in the case of a member appointed

under subsection (4), by the Minister” at the end.

(7) Subsection

14 (4.3) of the Act is amended by adding “or, in the case of a member appointed

under subsection (4), by the Minister” at the end.

Section 15 of the Act is amended by adding the following subsections:

Agenda,

minutes to be made public

(2.1) Subject

to the Municipal Freedom of Information and Protection of

Privacy Act , the authority shall,

(

a) make

the agenda for a meeting of the authority or of its

executive committee available to the public before the meeting takes place;

and

(

b) make

the minutes of a meeting of the authority or of its executive committee

available to the public within 30 days after the meeting.

Same

(2.2) An

agenda for a meeting or its minutes that are to be made available to the public

under subsection (2.1) shall be made available by posting them on the

authority’s website and by any other means the authority considers appropriate.

Section 17 of the Act is amended by adding the following subsections:

Term

of chair, vice-chair

(1.1) A

chair or vice-chair appointed under subsection (1) shall hold office for a term

of one year and shall serve for no more than two consecutive terms.

Representation

from each municipality

(1.2) An

authority in respect of which more than one participating municipality has been

designated shall appoint chairs and vice-chairs from among the members

appointed to the authority by each participating municipality on a rotating

basis so as to ensure that a member appointed to the authority by a particular

participating municipality cannot be appointed to succeed an outgoing chair or

vice-chair appointed to the authority by the same participating municipality.

Exception

(1.3) Despite

subsections (1.1) and (1.2), upon application by an authority or a

participating municipality, the Minister may grant permission to the authority

or participating municipality to, subject to such conditions or restrictions as

the Minister considers appropriate,

(

a) appoint

a chair or vice-chair for a term of more than one year or to hold office for

more than two consecutive terms; or

(

b) appoint

as chair or vice-chair of the authority a member who was appointed to the

authority by the same participating municipality that appointed the outgoing

chair or vice-chair.

Subsection 19.1 (6) of the Act is repealed.

(1) Subsection 20 (1) of the Act is repealed and the following

substituted:

Objects

(1) The

objects of an authority are to provide, in the area over which it has

jurisdiction,

(

a) the

mandatory programs and services required under

section 21.1;

(

b) any

municipal programs and services that may be provided under

section 21.1.1; and

(

c) any

other programs or services that may be provided under

section 21.1.2.

(2) Subsection

20 (2) of the Act is amended by striking out “Despite subsection (1) and

subject to any other legislation pertaining to these resources” at the

beginning and substituting “Subject to any other Act relating to gas or oil

resources”.

(1) Clause 21 (1) (

a) of the Act is repealed and the following

substituted:

(

a) to

research, study and investigate the watershed and to support the development

and implementation of programs and services intended to further the purposes of

this Act;

(2) Clause

21 (1) (

b) of the Act is amended by striking out “to enter into and upon any

land” and substituting “to enter into and upon any land, with consent of the

occupant or owner”.

(3) Clause

21 (1) (

c) of the Act is amended by striking out “and to expropriate”.

(4) Clause

21 (1) (

p) of the Act is repealed.

(1) Section 21.1 of the Act is repealed and the following

substituted:

Mandatory

programs and services

21.1

(1) An

authority shall provide the following programs or services within its area of

jurisdiction:

1. Programs

or services that meet any of the following descriptions and that have been

prescribed by the regulations:

i. Programs

and services related to the risk of natural hazards.

ii. Programs

and services related to the conservation and management of lands owned or

controlled by the authority, including any interests in land registered on

title.

iii. Programs

and services related to the authority’s duties, functions and responsibilities

as a source protection authority under the Clean Water

Act, 2006 .

iv. Programs

and services related to the authority’s duties, functions and responsibilities

under

an Act prescribed by the regulations.

2. Programs

or services, other than programs or services described in paragraph 1, that have

been prescribed by the regulations on or before the first anniversary of the

day prescribed under clause 40 (3) (i).

Same,

Lake Simcoe Region Conservation Authority

(2) In

addition to the programs and services required to be provided under subsection

(1), the Lake Simcoe Region Conservation Authority shall provide, within its

area of jurisdiction, such programs and services as are prescribed by the regulations

and are related to its duties, functions and responsibilities under the Lake Simcoe Protection Act, 2008 .

Standards

and requirements

(3) Programs

and services required to be provided under subsections (1) and (2) shall be

provided in accordance with such standards and requirements as may be set out

in the regulations.

Municipal

programs and services

21.1.1

(1) An

authority may provide, within its area of jurisdiction, municipal programs and

services that it agrees to provide on behalf of a municipality situated in

whole or in part within its area of jurisdiction under a memorandum of

understanding, or such other agreement as may be entered into with the

municipality, in respect of the programs and services.

Memorandum,

agreement available to public

(2) An

authority shall make a memorandum of understanding or other agreement available

to the public in such manner as may be determined in the memorandum or

agreement.

Periodic

review of memorandum, agreement

(3) An

authority and a municipality who have entered into a memorandum of

understanding or other agreement shall review the memorandum or agreement at

such regular intervals as may be determined in the memorandum or agreement.

Terms

and conditions

(4) Programs

and services that an authority agrees to provide on behalf of a municipality

shall be provided in accordance with,

(

a) the

and

(

b) such

standards and requirements as may be prescribed.

Conflict

(5) If

of understanding or agreement and the prescribed standard and requirements, the

prescribed standards and requirements prevail.

Other

programs and services

21.1.2

(1) In

addition to programs and services described in sections 21.1 and 21.1.1, an

authority may provide, within its area of jurisdiction, any other programs and

services that it determines are advisable to further the purposes of this Act.

Prescribed

standards

(2) Programs

and services provided under subsection (1) shall be provided in accordance with

such standards and requirements as may be prescribed.

Consultation

21.1.3 An authority shall

carry out such consultations with respect to the programs and services it

provides as may be required by regulation and shall do so in the manner

specified by regulation.

(2) Subsection

21.1.2 (2) of the Act, as enacted by subsection (1), is repealed and the

following substituted:

Agreement

(2) On

and after the day prescribed by the regulations, if financing under

section 25

or 27 by a participating municipality is necessary in order for an authority to

provide a program or service authorized to be provided under subsection (1),

the program or service shall not be provided by the authority unless an

agreement that meets the following criteria has been entered into between the

authority and the participating municipality in respect of the program or

service:

1. The

agreement must provide for the participating municipality to pay to the

authority,

i. an

apportioned amount under

section 25 in connection with a project related to the

program or service, or

ii. an

apportioned amount under

section 27 in respect of the program or service.

2. The

agreement must include provisions setting out the day on which the agreement

terminates and a requirement that it be reviewed by the parties within the

period specified in the regulations for the purpose of determining whether or

not the agreement is to be renewed by the parties.

3. The

agreement must meet such other requirements as may be prescribed by the

regulations.

Terms

and conditions

(3) Programs

and services that an authority agrees to provide under an agreement described

in subsection (2) shall be provided in accordance with,

(

a) such

(

b) such

standards and requirements as may be prescribed.

Conflict

(4) If

in subsection (2) and the prescribed standards and requirements, the prescribed

standards and requirements prevail.

The Act is amended by adding the following section:

Transition

plan re s. 21.1.2 (2)

21.1.4

(1) Every

authority shall develop and implement a transition plan for the purpose of

ensuring that it will be in compliance with subsection 21.1.2 (2) by the day

prescribed by the regulations for the purpose of that subsection.

Contents

(2) The

transition plan shall address the following matters in accordance with the

regulations:

1. Preparation

by the authority of an inventory of the authority’s programs and services.

2. Consultation

by the authority with participating municipalities on the inventory of programs

and services mentioned in paragraph 1.

3. If

financing under

section 25 or 27 by a participating municipality is necessary

in order for the authority to provide a program or service authorized to be

provided under subsection 21.1.2 (1), steps to be taken by the authority for

the purposes of seeking to enter into an agreement with the participating

municipality in respect of that program or service.

4. Such

other matters as may be prescribed by the regulations.

Section 21.2 of the Act is amended by adding the following subsections:

Reconsideration

of fees for permit applications

(13) If

an authority receives a request for reconsideration of a fee charged for an

application for a permit made under subsection 28.1 (2), the authority shall

make its decision within 30 days after receiving the request.

Appeal

if no decision

(14) If

an authority fails to reconsider a fee described in subsection (13) within 30

days of receiving the request for reconsideration, the person who made the

request may appeal the amount of the fee directly to the Local Planning Appeal

Tribunal.

Payment

of fee

(15) If,

after reconsideration of a fee charged for an application for a permit made

under subsection 28.1 (2), an authority orders a person to pay the fee under

clause (12) (

a) or (b), the person shall pay the fee in accordance with the

order.

Payment

of fee under protest and appeal

(16) A

person who pays a fee under subsection (15) may,

(

a) when

paying the fee, indicate to the authority in writing that the fee is being paid

under protest; and

(

b) within

30 days after payment of the fee, appeal the amount charged by the authority

upon reconsideration to the Local Planning Appeal Tribunal.

Appeal

of fee in fee

schedule

(17) For

greater certainty, an appeal of the amount of a fee under subsection (14) or

clause (16) (

b) applies even if the amount charged was set out in the fee

schedule prepared by the authority under subsection (6).

Hearing

(18) The

Local Planning Appeal Tribunal shall hear an appeal made under subsection

(14) or clause (16) (b).

Powers

on appeal

(19) After

hearing the appeal, the Local Planning Appeal Tribunal may,

(

a) dismiss

the appeal;

(

b) vary

the amount of the fee charged by the authority; or

(

c) order

that no fee be charged.

Refund

(20) If

the Local Planning Appeal Tribunal makes an order under clause (19) (

b) or (c),

it may order that the authority provide a refund to the appellant in such

amount as the Tribunal determines.

Where

dismissal required

(21) Despite

subsection (19), the Local Planning Appeal Tribunal shall dismiss the appeal if

it determines that the fee complies with a regulation made under clause 40 (3)

(b).

Section 23.1 of the Act is amended by adding the following subsections:

Immunity

for investigators

(9) No

action or other proceeding shall be instituted against an investigator

appointed under subsection (4) for any act done in good faith in the

performance or intended performance of their duties under this Act or for any

alleged neglect or default in the performance in good faith of their duties.

Same

(10) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (9) does not relieve the Crown of any liability to

which it would otherwise be subject as a result of the actions of an

investigator appointed under subsection (4).

The Act is amended by adding the following sections:

Minister’s

order, etc.

23.2

(1) If,

after reviewing the report of an investigator made under subsection 23.1 (7),

the Minister believes that an authority has failed, or is likely to fail, to

comply with a provision of this Act or the regulations or of any other Act or

regulation that applies to the authority, the Minister may,

(

a) order

the authority to do or refrain from doing anything to avoid, prevent or remedy

the non-compliance; or

(

b) if

the Minister believes it is advisable to do so, recommend to the Lieutenant

Governor in Council that an administrator be appointed to take over the control

and operation of the authority under

section 23.3.

Compliance

with order

(2) An

authority shall comply with an order made under clause (1) (

a) within the time

specified in the order.

Public

availability

(3) The

Minister shall make every order made under clause (1) (

a) available to the

public in the manner the Minister considers appropriate.

Appointment

of administrator

23.3

(1) If the

Minister makes a recommendation under clause 23.2 (1) (b), the Lieutenant

Governor in Council may make an order appointing an administrator to take over

the control and operations of the authority, including the provision of

programs and services that the authority provides.

Powers

of administrator

(2) The

administrator may exercise all the powers and shall perform all the duties of

specified in the appointment or by the Minister.

Notice

to authority

(3) The

Minister shall ensure that a copy of an order under subsection (1) is delivered

to the authority and to the participating municipalities as soon as is

practical after it is made.

Powers

of Minister

(4) The

Minister may issue directions to the administrator with regard to any matter

within the jurisdiction of the administrator and the administrator shall carry

out the directions.

Immunity

for administrator

(5) No

action or other proceeding shall be instituted against an administrator

appointed under subsection (1) for any act done in good faith in the

performance or intended performance of their duties under this Act or for any

alleged neglect or default in the performance in good faith of their duties.

Same

(6) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (5) does not relieve the Crown of any liability to

which it would otherwise be subject as a result of the actions of an

administrator appointed under subsection (1).

Section 27.1 of the Act is amended by striking out “Mining and Lands

Commissioner” wherever it appears and substituting in each case “Local Planning

Appeal Tribunal”.

Section 27.2 of the Act is amended by striking out “Mining and Lands

Commissioner” wherever it appears and substituting in each case “Local Planning

Appeal Tribunal”.

(1) The Act is amended by adding the following section:

Permission

for development, zoning order

28.0.1

(1) This

section applies to any application submitted to an authority under a regulation

made under subsection 28 (1) for permission to carry out all or part of a

development project in the authority’s area of jurisdiction if,

(

a) a

zoning order has been made by the Minister of Municipal

Affairs and Housing under

section 47 of the Planning Act authorizing

the development project under that Act;

(

b) the

lands in the authority’s area of jurisdiction on which the development project

is to be carried out are not located in the Greenbelt Area designated under

section 2 of the Greenbelt Act, 2005 ; and

(

c) such

other requirements as may be prescribed are satisfied.

Definition

(2) In

this section,

“development

project” means a development project that includes any development as defined

in subsection 28 (25) or any other act or activity that would be prohibited

under this Act and the regulations unless permission to carry out the activity

is granted by the affected authority.

Permission to be granted

(3) Subject

to the regulations made under subsection (35), an authority that receives an

application for permission to carry out all or part of a development project in

the authority’s area of jurisdiction shall grant the permission if all of the

requirements in clauses (1) (a), (

b) and (

c) are satisfied.

Same

(4) For

greater certainty, an authority shall not refuse to grant permission for a

development project under subsection (3) despite,

(

a) anything

section 28 or in a regulation made under

section 28; and

(

b) anything

in subsection 3 (5) of the Planning Act .

Conditions prescribed by regulations

(5) A

permission granted under this

section is subject to such conditions as may be

prescribed.

Conditions

specified by authority

(6) Subject

to subsection (7), an authority may attach conditions to the permission,

including conditions to mitigate,

(

a) any

effects the development project is likely to have on the control of flooding,

erosion, dynamic beaches or pollution or the conservation of land;

(

b) any

conditions or circumstances created by the development project that, in the

event of a natural hazard, might jeopardize the health