p42 s1 bill 100 b100rep e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 68 ELIZABETH II, 2019 Bill 100

An Act to implement Budget measures and to enact, amend and repeal various statutes The Hon. V. Fedeli Minister of Finance Government Bill 1st Reading April 11, 2019 2nd Reading May 2, 2019 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on Finance and Economic Affairs and as reported to the Legislative Assembly May 14, 2019) (The provisions in this bill will be renumbered after 3rd Reading)

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

SCHEDULE 1 AGGREGATE RESOURCES ACT The

Schedule amends

section 62.1 of the Aggregate Resources Act which currently requires licensees and permittees under the Act to give notice of any change in their name and address to th e Minister and the Aggregate Resources Trust. The amendment requires the licensees and permittees to give notice of any change in their name, address and other prescribed contact information to a prescribed person.

SCHEDULE 2 ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996 Currently, subsections 27 (1.1), (2) and (2.1) of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 provide for an increase, effective April 1, 2019, in the basic tax payable on purchases of wine and wine coolers. The Act is amended so that the increase does not take effect until January 1, 2020. Transition rules are also provided with respe ct to any payments at the increased rate.

SCHEDULE 3 ARCHIVES AND RECORDKEEPING ACT, 2006 The

Schedule makes various amendments to the Archives and Recordkeeping Act, 2006, including the following: 1. The purpose of the Act and the objects of the Archives of Ontario are amended to include reference to “effective government administration”. 2. The definition of “record” is amended to include a reference to “data”.

Section 11 of the Act is amended to provide the Archivist with the authority to prepare records retention schedules for use by a public body. 4. Currently, subsection 25 (1) of the Act req uires the Archivist, at the request of the Management Board of Cabinet, to establish standards and guidelines for public bodies to facilitate the preservation of records of archival value. The subsection is amended such that the standards and guidelines may relate more broadly to recordkeeping practices.

SCHEDULE 4 BEES ACT The

Schedule amends the Bees Act to expand the method of delivering inspectors’ orders made under sections 5, 6 and 19 of the Act and notices of a Director’s decision on appeal from such orders under

section 7 of the Act. Currently, the Act provides that inspectors’ orders may only be delivered by prepaid mail or in person by the inspector and that the notices of a Director’s decision may only be delivered by prepaid mail. The

Schedule eliminates the references to prepaid mail and replaces them with references to registered mail and courier. The

Schedule also provides for the delivery of inspectors’ orders and of notices of a Director’s decision by email. The

Schedule sets out rules re lating to the deemed receipt of these orders and notices.

SCHEDULE 5 BROADER PUBLIC SECTOR EXECUTIVE COMPENSATION ACT, 2014 The

Schedule amends the Broader Public Sector Executive Compensation Act, 2014 . Currently,

section 6 of the Act allows the Lieutenant Governor in Council to make regulations establishing compensation frameworks for designated employers and designated executives. The

section is amended to authorize the Management Board of Cabinet to govern a designated employer’s use of performance assessment indicators to determine a designated executive’s compensation. The

section is also amended to allow the Minister to limit certain pay increases that may be made by a designated employer. The Act is amended to provide that the Minister must approve the compensation plan for designated executives before they can be hired by a newly created designated employer, unless the Minister generally exempts the designated employer from this requirement. Provisions providing for transition are included, as well as consequential amendments.

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SCHEDULE 6 BUSINESS CORPORATIONS ACT The

Schedule amends the Business Corporations Act to require that the register of directors of a business corporation also set out the e-mail address of each director if one is provided.

SCHEDULE 7 CANNABIS TAXATION COORDINATION ACT, 2019 The

Schedule enacts the Cannabis Taxation Coordination Act, 2019 . The Act provides for the ratification of the Coordinated Cannabis Taxation Agreement entered into by the Minister of Finance on behal f of Ontario and the Minister of Finance for Canada on behalf of the Government of Canada. The Minister of Finance is authorized to make payments from the Consolidated Revenue Fund in accordance with the Coordinated Cannabis Taxation Agreement from amounts appropriated by the Legislature for those purposes.

SCHEDULE 8 COLLECTION AND DEBT SETTLEMENT SERVICES ACT The

Schedule amends the Collection and Debt Settlement Services Act to provide an additional manner for giving or serving documents required to be given or served under the Act, namely sending the document if the sender can prove receipt of it.

SCHEDULE 9 COMBATIVE SPORTS ACT, 2019 The

Schedule repeals the Athletics Control Act and enacts the Combative Sports Act, 2019 . Here are some highlights of th e new Act: The Act provides for the appointment of a Commissioner who has the powers and duties set out in the Act and as may be prescribed. The Act establishes the Ontario Combative Sport Advisory Council. The Council’s role is to advise the Minister in regards to regulations made by the Minister and to perform any other prescribed duties.

The Act prohibits persons from engaging in certain activities relating to a professional combative sport contest or exhibitio n, such as promoting a contest or exhibitio n or participating as a contestant, unless the person holds a valid licence authorizing the activity. The Act also prohibits the promotion, conducting or holding of an amateur combative sport contest or exhibitio n or a professional combative sport contest or exhibition unless the person holds a valid event permit authorizing the contest or exhibition.

The Commissioner is empowered to issue or refuse to issue a licence or event permit, to impose or amend conditions of a licence or event permit and to suspen d or cancel a licence or event permit. If the Commissioner intends to refuse, suspend, cancel or amend the terms and conditions of a licence or event permit, the applicant, licensee or event permit holder is entitled to request a hearing before the Licenc e Appeal Tribunal.

If it is in the public interest or in the interest of health and safety to act immediately, the Commissioner may suspend or cancel a licence or event permit before a hearing can be held before the Tribunal. The Commissioner is empowered to require an applicant for an event permit for a professional combative sport contest or exhibition to post security to ensure compliance with the Act, regulations and terms and conditions of the event permit.

The holder of an event permit for a professional combative sport contest or exhibition is also required to pay the Minister an event administration fee, as required by the regulations. The Minister may appoint inspectors who are empowered to conduct inspections for the purpose of enforcing the Act and the regulations. The Commissioner is, by virtue of his or her office, an inspector. The Act sets out rules for inspections with or without a warrant. The Commissioner and inspectors are authorized to issue compliance orders.

The Commissioner may imp ose administrative penalties for contraventions of the Act or the regulations. If the Commissioner proposes to impose an administrative penalty , the affected party may request a review before a designated senior employee. The administrative penalty may no t exceed $10,000, except as otherwise prescribed. The maximum penalty for an offence committed by an individual is a fine of $10,000 or imprisonment for up to two years, or both. The maximum penalty for a person that is not an individual is a $100,000 fin e.

The conduct of amateur combative sport contests and exhibitions and professional combative sport contests and exhibitions, including rules relating to such contests and exhibitions, may be provided for in regulations made by the Minister. Provisio n is made for the regulations to address circumstances where the Minister has not prescribed rules for a particular combative sport or where the Minister is permitted to approve another set of rules for use at a contest or exhibition. Provision is al so made for regulations to be made by the Lieutenant Governor in Council. The

Schedule also makes a complementary amendment to the Licence Appeal Tribunal Act, 1999.

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SCHEDULE 10 COMMODITY FUTURES ACT The

Schedule amends the Commodity Futures Act. A new principle relating to the facilitation of innovation in Ontario’s commodity futures markets is added to subsection 1.1 (2) of the Act. Currently, when the Ontario Securities Commission proposes to make a rule, it is required under

section 67 of the Act to post a notice that includes a description of the anticipated costs and benefits of the proposed rule. This requirement is amended to provide that the notice must contain a qualitative and quantitative analysis of the anticipated costs and benefits of the proposed rule.

SCHEDULE 11 COMPENSATION FOR VICTIMS OF CRIME ACT The

Schedule provides for the repeal of the Compensation for Victims of Crime Act , along with related complementary amendments to other statutes that refer to that Act. In advance of its repeal, the Act is amended in three ways:

Section 4.1 is added to the Act, and provides for a cut -off date for applications and other steps that may be taken under the Act, prior to the Act’s repeal.

Section 4.1 comes into force on proclamation of the Lieutenant Governor.

Section 19 of the Act is amended to raise the maximum amount that the Criminal Injuries Compensation Board may award in respect of a victim in the case of lump sum payments from $25,000 to $30,000, and to add a new maximum threshold of $5,000 for amounts awarded in respect of pain and suffering. These amendments come into force on Royal Assent, and apply to existing applications as well as new ones.

Section 28 of the Act is re -enacted to authorize the Minister to make regulations dealing w ith any transitional matters arising from the enactment of the

Schedule and to provide for the Board’s dissolution.

SCHEDULE 12 COMPULSORY AUTOMOBILE INSURANCE ACT Amendments relating to service on the Facility Association are made to the Compulsory Automobile Insurance Act.

SCHEDULE 13 CONDOMINIUM ACT, 1998 The Condominium Act, 1998 is amended to change a reference to the Deposit Insurance Corporation of Ontario to refer instead to the Financial Services Regulatory Authority of Ontario.

SCHEDULE 14 CONSUMER REPORTING ACT The

Schedule amends the Consumer Reporting Act to provide an additional manner for giving or serving documents required to be given or served under the Act, namely sending the document if the sender can prove receipt of it.

SCHEDULE 15 COURTS OF JUSTICE ACT The

Schedule re -enacts subsection 51 (7) of the Courts of Justice Act to provide that the Ontario Judicial Council must, between 15 and 30 days after submitting its annual report to the Attorney General, publish the report in English and French on its website. The

Schedule also amends the Act to provide that the issues of fact and the assessment of damages in actions proceeding under Rule 76 of the Rules of Civil Procedure shall be tried without a jury.

SCHEDULE 16 CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994 The Credit Unions and Caisses Populaires Act, 1994 is amended to remove certain references to the Deposit Insurance Corporation of Ontario and to change other references to the Deposit Insurance Corporation of Ontario to refer in stead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016 or to the Financial Services Regulatory Authority of Ontario continued under that Act. Various provisions that relate to the Deposit Insu rance Corporation of Ontario are also repealed.

The Act is also amended to provide the Financial Services Regulatory Authority of Ontario with rule -making authority over certain matters. The Lieutenant Governor in Council is given regulation -making author ity over all matters in respect of which the Authority may make rules. Transitional matters are provided for, and consequential and complementary amendments are also made.

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SCHEDULE 17 CROWN LIABILITY AND PROCEEDINGS ACT, 2019 The

Schedule repeals the Proceedings Against the Crown Act and replaces it with the Crown Liability and Proceedings Act, 2019. The new Act addresses Crown liability, including the limits on it, and sets out the procedural rules that apply in proceedings against the Crown and, in some cases, proceedings to which the Crown is a party. Sections 1 to 7 deal with issues of

interpretation and application. The Act binds the Crown, but expressly does not affect th e extent to which the Crown is bound by any other statute (section 2). Statutes t o which the Act does not apply are set out in

section 6. In the event of a conflict between the Act and any other statute, the Act prevails, except that in the case of a conflict respecting limits on the Crown’s liability, the statute providing the greater protection against such liability prevails (section 7). Sections 8 to 11 set out the rules of, and limits on, Crown liability.

Section 8 provides for the Crown to be subject to liab ility in tort as if it were a person in specified circumstances, including in the case of a tort committed by an officer, employee or agent of the Crown. However, subsection 8 (3) states that if a statute negates or limits the liability of an officer, employe e or agent of the Crown in respect of a tort, that negation or limitati on extends to the Crown, and that a proceeding that may not be brought against an officer, employee or agent of the Crown respecting

an act or omission may not be brought against the Crown.

Section 9 specifies limits on Crown liability, including providing that the Crown is not liable for torts committed by Crown agencies (as defined in

section 1), Crown corporations (as defined in

section 1), transfer payment recipients (as defined in

section 1) and independent contractors.

Section 11 extinguishes causes o f action against the Crown or an officer, employee or agent of the Crown respecting negligence or a failure to take reasonable care in relation to acts of a legislative nature, negligence or a failure to take reasonable care in relation to the making (or p urported failure to make) a regulatory decision in specified circumstances, or negligence or a failure to take reasonable care in relation to the making (or purported failure to make) decisions respecting policy matters. No proceedings respecting such matt ers may be brought, and any existing proceedings are deemed to be dismissed without costs. The circumstances in which

section 11 applies may be augmented on an ongoing basis by regulations made under

section 30; such regulations may be retroactive and may be made to apply to proceedings in existence when the regulations come into force. Sections 12 to 27 address various procedural matters, some of which apply in the case of proceedings against the Crown (or an officer or employee of the Crown), and some of which apply in any proceedings to which the Crown is a party. Except as provided by the Act and the regulations made under it, the rules of court apply to proceedings to which the Crown is a party (section 13). Under

section 16, proceeding against the Crow n by way of petition of right is abolished.

Section 17 requires court leave to bring a proceeding against the Crown or an officer or employee of the Crown in respect of a tort of misfeasanc e in public office or based on bad faith exercise or performance, o r intended exercise of performance, of powers, duties or functions.

Section 18 sets out notice requirements for proceedings against the Crown that include a claim for damages.

Section 19 addresses discovery and examinations in proceedings to which the Crow n is a party. Proceedings against the Crown or an officer or employee of the Crown shall be tried without a jury (section 20). Sections 22 to 25 set out restrictio ns on the types of orders that may be made in proceedings involving the Crown.

Section 27 add resses certain enforcement issues. Sections 28 to 31 deal with various general matters, and include a regulation -making authority in

section

Section 28 provides for certain amounts owed by the Crown in relation to proceedings, but also in relation to t ribunal orders and arbitration awards, to be paid out of the Consolidated Revenue Fund.

Section 31 deals with transitional matters. Sections 32 to 167 repeal the Proceedings Against the Crown Act , revoke the regulation made under it, and consequentially amend the many statutes (and some bills) that refer to the Proceedings Against the Crown Act . In most of the cases, the consequential amendment involves maintaining the override of the limit on Crown liability contained in subsections 5 (2) and (4) of the Proceedings Against the Crown Act and that is set out in subsection 8 (3) of the new Act.

SCHEDULE 18 DISCRIMINATORY BUSINESS PRACTICES ACT The

Schedule amends the Discriminatory Business Practices Act to provide an additional manner for giving or serving documents required to be given or served under the Act, namely sending the document if the sender can prove receipt of it.

SCHEDULE 19 DRAINAGE ACT The

Schedule amends the Drainage Act with respect to the methods of delivering copies of the Tribunal’s decisions under

section 98 of that Act. Currently, copies of the decisions may only be delivered by registered mail. The

Schedule expands subsection 98 (9) to allow for delivery by courier and by electronic means.

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SCHEDULE 20 EDUCATION ACT The

Schedule re -enacts subsection 188 (5) of the Education Act to give the Lieutenant Governor in Council the regulation - making authority to provide for representation on boards of the interests of bands in respect of which there are pupils admitted to the board under subsection 188 (1) or enrolled at a school pursua nt to an agreement under

section 188. The

Schedule also re-enacts

section 231 of the Act to prohibit a board from having an in -year deficit for a fiscal year unless a deficit is authorized by a regulation or approved by the Minister. Related amendments ar e also made.

SCHEDULE 21 ESTATE ADMINISTRATION TAX ACT, 1998 The

Schedule amends the Estate Administration Tax Act, 1998 such that, for an estate in respect of which the application for an estate certificate is made on or after January 1, 2020, the following rules apply: 1. An estate whose value is $50,000 or less is exempt from tax under the Act. 2. The amount of tax payable by an estate whose value exceeds $50,000 is $15 for each $1,000 or part thereof by which its value exceeds $50,000. The Act is also amended to provide for the refund of overpayments of tax paid under the Act in specified circumstances.

SCHEDULE 22 FARM PRODUCTS PAYMENTS ACT The

Schedule amends the Farm Products Payments Act. Subsection 4 (1) of the Act is amended to allow a board esta blished under the Act to carry out functions and exercise powers that are prescribed by regulation in addition to those already specified in the Act.

Section 5 of the Act is amended to clarify the types of expenses that may be paid out of a fund administer ed by a board established under the Act.

Section 8 of the Act sets out the regulation -making power under the Act. The

Schedule transfers those powers from the Lieutenant-governor in Council to the Minister of Agriculture, Food and Rural Affairs. Finally, new sections 9 to 20 are added to the Act to give the Minister the power to make regulations designating a corporation as a Farm Products Payments Administrator and delegating to the administrator responsibility for the administration of specified provisions of the Act or of regulations made under

section 8, or both. The provisions require that the Minister enter into an administrative agreement with a prospective designate. Several provisions relate to the governanc e, duties, liability and accountability of a Farm Products Payments Administrator.

SCHEDULE 23 FEDERAL CARBON TAX TRANSPARENCY ACT, 2019 The Federal Carbon Tax Transparency Act, 2019 is enacted. The Act imposes requirements on the person who is licensed under the Technical Standards and Safety Act, 2000 to operate a retail outlet at which gasoline is sold at a gasoline pump and put into the fuel tanks of motor vehicles.

The person shall obtain from the Minister of Energy, Northern Development and Mines, or such other member of the Executive Coun cil to whom responsibility for the administration of the Act may be assigned or transferred under the Executive Council Act , copies of the prescribed notice with respect to the price of gasoline sold in Ontario, and ensure the notice is affixed to each gasoline pump at the retail outlet.

The Act provides that the notice shall set out information with respect to the effect of the charge referred to in subsection 17 (1) of the Greenhouse Gas Pollution Pricing Act (Canada) on the price of gasoline sold in Onta rio. It may also set out other information with respect to the price of gasoline sold in Ontario. The information may include information as estimated or otherwise determined by the Minister. Other matters provided for in the Act include providing for inspections and offences.

SCHEDULE 24 FINANCIAL ADMINISTRATION ACT The

Schedule amends the Financial Administration Act . It prohibits a ministry or public entity from paying an admission or sponsorship fee for an event if the speaker at the event is a governme nt minister, member of a legislative assembly, party leader or municipal councillor in Canada.

SCHEDULE 25 FINANCIAL PROFESSIONALS TITLE PROTECTION ACT, 2019 The

Schedule enacts the Financial Professionals Title Protection Act,

Section 2 of the Act p rohibits any individual from using the title “Financial Planner” or “planificateur financier”, an abbreviation of that title, an equivalent in another language or a title that could reasonably be confused with that title un less the individual has obtained an approved financial planning credential from an approved credentialing body and the credential is in good standing.

Section 3 of the Act prohibits any individual from using the title “Financial Advisor” or “conseiller financier”, an abbreviation of that title, an equivalent in another language or a title that could reasonably be confused with that title unless the individual has obtained an approved financial advising credential from an approved credentialing body and the credential is in good standing. Sections 4 to 8 of the Act set out the process by which the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario (the Authority) may approve credentialing bodies and credentials for the purposes of the prohibitions in sections 2 and

Section 5 of the Act provides that an approved credentialing body shall oversee the individuals holding approved credentials it has issued. The approved credentialing body must do so in accordance with the terms and conditions of its approval and i n accordance with rules made by the Authority. Approved credentialing bodies are also required to collect, from individuals holding approved credentials they have issued, any fees the Authority rules require those individuals to pay to the Authority . The approved credentialing bodies must remit those fees to the Authority.

Section 9 of the Act prohibits persons and entities from representing that they have obtained an approval as a credentialing body unless they have a valid approval as a credentialing body.

Section 10 of the Act prohibits persons and entities from representing that they are able to offer an approved credential unl ess they have a valid approval for the credential.

Section 11 sets out the Chief Executive Officer’s ability to make inquiries and conduct examinations of the business and activities of individuals, persons or entities that are or appear to be contravening the Act. Under

section 12, the Chief Executive Officer may issue a compliance order respecting contraventions of, or non -compliance with, requirements established under the Act. The Chief Executive Officer is required to ensure that the name of each person and entity in respect of which a compliance order has been made and the details of the compliance order are made public on th e Authority’s website and in any other manner the Chief Executive Officer considers appropriate.

Sections 14 and 15 provide authority respecting fees, respecting rules made by the Authority and respecting regulations made by the Lieutenant Governor in Council. Currently, the Commodity Futures Act and the Securities Act provide that the Ontario Securities Commission may make rules prescribing the conditions of registration or other requirements for registrants. Amendments are made to each Act to indicate that this power includes the ability to make rules prescribing conditions of registration for registrants in connection with the use of specified titles.

Currently, the Insurance Act provides that the Authority may make rules respecting licences authorizing a person to act as an insurance agent in Ontario. An amendment is made to indicate that this power includes the ability to make rules requiring tha t a person licensed to act as an insurance agent use a specified title. The Financial Services Regulatory Auth ority of Ontario Act, 2016 is amended to add the Financial Professionals Title Protection Act, 2019 to the definition of “regulated sector” in

section 1. The Act is also amended to set out the Authority’s objects with respect to the Financial Professionals Title Protection Act, 2019.

SCHEDULE 26 FINANCIAL SERVICES COMMISSION OF ONTARIO ACT, 1997 The

Schedule amends the Financial Services Commission of Ontario Act, 1997 to permit the Minister to delegate to a Ministry employee any power or duty of the Superintendent or the Commission under the Act or any other Act. The

Schedule also provides for the repeal of the Act.

SCHEDULE 27 FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016 A new

section 6.1 is added to the Financial Services Regulatory Authority of Ontario Act, 2016 to empower the Authority to collect and enforce payments required to be paid to the Pension Benefits Guarantee Fund by employers. A new secti on 12.1 is added to the Act to clarify that any money received by the Pension Benefits Guarantee Fund or the Deposit Insurance Reserve Fund, the assets of those Funds and any accruals from the investment of those assets are not part of the revenues, assets and investments of the Authority.

Unproclaimed subsection 15 (2) of the Act, which provides regulation -making authority concerning the manner of determining an assessment of the Authority by the Lieutenant Governor in Council with respect to expenses and expenditures that the Ministry incurs and makes in respect of the Authority, is repealed. A new

section 17.1 is added to the Act to require the Authority to prepare an annual business plan and to provide it to the Minister and the public.

vii Currently, when the Authority proposes to make a rule, it is required under

section 22 of the Act to post a notice that includes a description of the anticipated costs and benefits of the proposed rule. This requirement is amended to provide that the not ice must contain a qualitative and quantitative analysis of the anticipated costs and benefits of the proposed rule. Technical amendments are also made to

section 30 of the Act.

SCHEDULE 28 FINANCIAL SERVICES TRIBUNAL ACT, 2017 The Financial Services Tribunal Act, 2017 is am ended to change references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016.

SCHEDULE 29 FIRE PROTECTION AND PREVENTION ACT, 1997 The

Schedule amends the Fire Protection and Prevention Act, 1997 to change the amounts of fines as penalties for certain offences and to create penalties for subsequent offences. The Sche dule also adds a limitation period for the prosecution of offences and expands the power of the Fire Marshal, a fire chief or an assistant to the Fire Marshal to issue an order under

section 35 of the Act for the payment of costs.

SCHEDULE 30 FISCAL SUSTAINABILITY, TRANSPARENCY AND ACCOUNTABILITY ACT, 2019 The

Schedule enacts the Fiscal Sustainability, Transparency and Accountability Act, 2019 .

Section 2 of the new Act sets out the principles that govern Ontario’s fiscal policy.

Section 3 requires the Execu tive Council to plan for a balanced budget. If a deficit is planned, the Executive Council is required to provide a rationale in the budget.

Section 4 requires a budget to be released on or before March 31 of each fiscal year. Sections 5 to 12 of the Act require the Minister of Finance to release specified information to the public as follows:

Section 5 requires the release of specified information in the budget, including a multi -year fiscal plan described in

section 6 and a debt burden reduction strategy described in

section 7.

Section 8 requires the release of a recovery plan in certain circumstances.

Section 9 requires the release of a mid-year review.

Section 10 requires the periodic release of updated information about Ontario’s re venues and expenses for the current fiscal year.

Section 11 requires the release of Ontario’s economic accounts each quarter.

Section 12 requires the release of a long -range assessment of Ontario’s economic and fiscal environment within two years after the most recent general election.

Section 13 requires the Auditor General to review specified information prior to scheduled general elections to determine whether it is reasonable, and to release a statement describing the results of the review. Se ction 14 requires the Auditor General to report on the Minister of Finance’s compliance with the Act. If the Minister fails to meet a deadline under the Act,

section 15 requires the Minister to release a statement that explains why the deadline was not met and sets a new deadline.

Section 16 imposes a financial penalty on the Minister and the Premier for missed deadlines. Additional sections address the release of information under the Act, the non -application of the Act in certain circumstances and Crown immunity. The Fiscal Transparency and Accountability Act, 2004 is repealed and a consequential amendment is made.

SCHEDULE 31 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT The

Schedule amends the Freedom of Information and Protection of Privacy Act . In particular, the Act is amended to include

Part III.1 (Data Integration).

Part III.1 provides for the designation of units within ministries that may collect personal information in order to compile information to enable analysis in relation to the mana gement or allocation of resources, the planning for the delivery of programs and services provided or funded by the Government of Ontario as well as the evaluation of those programs and services.

Part III.1 provides for rules governing the collection, use and disclosure of this personal information, including rules respecting linking and subsequently de -identifying the information. The responsible minister is authorized to establish data standards for use by the units in performing their functions under Par t III.1, and the Information and Privacy Commissioner is given the authority to conduct reviews of the units’ practices and procedures.

viii The grounds on which personal information can be disclosed under

Part III of the Act are also amended.

SCHEDULE 32 GASOLINE TAX ACT The

Schedule amends the Gasoline Tax Act to authorize the Lieutenant Governor in Council to make regulations respecting requirements and procedures for retailers in relation to the sale and delivery of gasoline to persons exempt from the paymen t of tax imposed by the Act.

SCHEDULE 33 INSURANCE ACT The

Schedule includes various amendments to the Insurance Act relating to the delivery and electronic format of certain records and other documents.

SCHEDULE 34 INVESTING IN ONTARIO ACT, 2008 The Investing in Ontario Act, 2008 is repealed and Ontario Regulation 227/08, made under that Act, is revoked. Consequential amendments are made to the Financial Administration Act.

SCHEDULE 35 JURIES ACT The

Schedule amends the Juries Act. Here are highlights of some of those amendments: The Act is amended by changing all references to “county” with “jury area”. Jury areas may be established by regulation. The Act is amended by adding the defined term “Jury Sheriff”, who is the person to whom the powers and duties of a Jury Sheriff are assigned under

section 73 of the Courts of Justice Act . The Juries Act is further amended throughout to delineate the roles of the Jury Sheriff and the local sheriff. The Act is amended by adding

section 4.1 which requires the Minist er of Health and Long -Term Care to prepare a jury source list and disclose it to the Jury Sheriff. This

section sets out the required content of the jury source list and rules with respect to uses and disclosure of the jury source list. Currently,

section 6 of the Act requires the Director of Assessment to select at random from information obtained at the most recent enumeration of inhabitants of a county under the Assessment Act the persons to whom a jury questionnaire shall be mailed. This

section is ame nded to require the Jury Sheriff to randomly select the required number of persons to receive the jury questionnaire from among the persons included in the jury source list provided by the Minister of Health and Long -Term Care. The Act is amended by adding

section 27.2 which provides that a court or judge before which a jury trial in a civil proceeding is to be held may make an order directing that the identity of a juror or any information that could disclose their identity shall not be published, broadcast or transmitted or limiting access to or the use of that information. Subsection 44 (3) and

section 45 are added to the Act. These provisions set out rules with respect to transition.

SCHEDULE 36 JUSTICES OF THE PEACE ACT The

Schedule re -enacts subsection 9 (8) of the Justices of the Peace Act to provide that the Justices of the Peace Review Council must, between 15 and 30 days after submitting its annual report to the Attorney General, publish the report in English and French on its website. In addition,

section 13.1 of the Act, which sets out rules that apply if a justice of the peace resigns, is appointed to a court or retires, is amended so that it does not apply in the case of the appointment of a justice of the peace to a court during a tr ial held under the Provincial Offences Act.

SCHEDULE 37 LAND REGISTRATION REFORM ACT The

Schedule amends the Land Registration Reform Act to allow the Minister to make regulations authorizing the Director of Titles to approve the manner in which documents in written f orm can be delivered for registration or deposit in the land registration system and specifying the effect of documents in written form that are delivered for registration or deposit in the land registration system in a manner approved by the Director.

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SCHEDULE 38 LIQUOR LICENCE ACT The

Schedule amends the Liquor Licence Act to allow the council of a municipality, by by -law, to designate a public place where persons may have or consume liquor, subject to the regulations. The

Schedule also expands the reg ulation-making powers of the Lieutenant Governor in Council and makes some corrections to the French version only of the Act.

SCHEDULE 39 MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT The

Schedule amends the Ministry of Training, Colleges and Universities Act by adding a new

section 7.2 that governs the accrual of interest on student loans. The

Schedule also adds a new

section 9.1 to govern the process of debt collection enforcement and review with respect to student loans and medical resident loans that are in default. The

Schedule also amends

section 13 to provide new authority to make regulations that relate to the other amendments made to the Act by the Schedule. The

Schedule also adds a new

section 18 to provide authority for the Minister t o make regulations governing the reduction, limitation and alteration of compensation due to certain individuals.

SCHEDULE 40 MODERNIZING THE SKILLED TRADES AND APPRENTICESHIP ACT, 2019 The Modernizing the Skilled Trades and Apprenticeship Act, 2019 is ena cted. The Act sets out provisions regarding the governance of the practice of trades in Ontario and apprenticeship training and certification.

Part I sets out

definitions applicable to the Act.

Part II addresses trades, skill sets and restricted activities as follows:

Section 2 provides that the Minister shall issue policies describing the activities of trades or skill sets and that a trade or skill set does not include a restricted activity unless prescribed by a regulation. 2. Sections 3 to 5 set out prohibitions under the Act.

Section 3 prohibits an individual from performing restricted activities unless the individual holds the appropriate certificate for the activity or is an apprentice in a trade or skill s et that includes the restricted activity.

Section 4 prohibits persons from employing individuals to perform restricted activities unless the individual is permitted to do so under

section

Section 5 prohibits sponsors from allowing an apprentice to work except in accordance with any applicable apprentice to journeyperson ratio. 3. Sections 7 to 12 provide for the issuance of certificates of apprenticeship, certificates of qualification and certificates of completion; for the issuance, renewal and amendment of certificates of restricted practice ; and for the imposition of terms, conditions and limitations on certificates of restricted practice, and for their suspension and revocation.

Part III sets out provisions regarding apprenticeship programs and training agreements. It also addresses the iss uance of provisional certificates of restricted practice, for the imposition of terms, conditions and limitations on such certificates , and for their suspension and revocation.

Part IV addresses inspections and investigations under the Act. Inspectors are given various powers for the purposes of determining compliance with the Act and the regulations, registered training agreements and compliance orders.

Part V provides for the imposition of compliance orders, notices of contravention and administrative pen alties, and includes provisions respecting the process for their issuance, and the review of a notice of contravention.

Part VI contains general provisions relating to the administration of the Act and regulations. The Minister’s and Registrar’s functions are set out, and provision is made for the delegation of their functions to an administrative authority.

Part VII includes various miscellaneous provisions, including provisions relating to the service of documents and the collection and use of personal information.

Part VIII provides authority to make regulations.

Part IX contains provisions relating to transitional matters arising from the repeal of the Ontario College of Trades and Apprenticeship Act, 2009 and the dissolution of the Ontario College of Trades.

Part X includes consequential amendments to other Acts, and the commencement and

short title provisions.

SCHEDULE 41 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT The

Schedule amends the grounds on which personal information can be d isclosed under

Part II of the Municipal Freedom of Information and Protection of Privacy Act.

x

SCHEDULE 42 NIAGARA ESCARPMENT PLANNING AND DEVELOPMENT ACT The

Schedule amends the Niagara Escarpment Planning and Development Act to give the Minister’s delegat e the option of giving notice of a decision on an application for a development permit and notice of a hearing on an appeal of such a decisio n by email, instead of by personal service or by regular or registered mail, which are the only options currently a vailable under subsections 25 (5) and (10) of the Act. Similarly,

section 26 is amended to give the Minister the option of giving notice of an application for a development permit and notice of a hearing regarding such an application by email instead of u sing the other methods of delivery currently permitted under that section.

SCHEDULE 43 OIL, GAS AND SALT RESOURCES ACT The

Schedule amends subsection 17 (2) of the Oil, Gas and Salt Resources Act to give the Lieutenant Governor in Council the power to make regulations governing the format of documents required or permitted to be provided under the Act and the manner in which and time at which they are to be provided. The regulations may provide f or the documents to be provided by email or by means of the provision of online access. A new

section 17.1.1 is added to the Act and sets out rules relating to the deemed receipt of documents that are required or permitted to be provided under the Act, in cluding rules that apply where the document is provided by email.

SCHEDULE 44 ONTARIO HERITAGE ACT Currently,

section 67 of the Ontario Heritage Act specifies methods of service of documents required to be given, delivered or served under the Act. The

section is amended to permit documents to be served or delivered by email.

SCHEDULE 45 ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ACT, 2011 The Ontario Infrastructure and Lands Corporation Act, 2011 is amended to permit the Corporation to provide advice and services to non-Ontario entities.

SCHEDULE 46 ONTARIO LOAN ACT, 2019 The Ontario Loan Act, 2019 is enacted. Subsection 1 (1) of the Act authorizes the Crown to borrow a maximum of $15.1 billion.

SCHEDULE 47 ONTARIO NEW HOME WARRANTIES PLAN ACT The

Schedule amends the Ontario New Home Warranties Plan Act to include mechanisms for government oversight of the Corporation designated to administer the Ont ario New Home Warranties Plan. Those mechanisms are similar to those that apply to the administrative authority under the Condominium Management Services Act, 2015 , the regulatory authority under the New Home Construction Licensing Act, 2017 and the warranty authority under the Protection for Owners and Purchasers of New Homes Act, 2017. They include the power of the Minister to do the following: 1. Set competency criteria for board members. 2.

Limit the members of the board who can be drawn from among specified persons or classes of persons. 3. Appoint one or more members to the board as long as they do not form a majority of the board. 4. Require the Corporation to disclose information about compensation that it pays. The

Schedule also amends the Act t o require the Corporation to ensure there is adequate money in the guarantee fund for the purpose of providing compensation under the Ontario New Home Warranties Plan.

SCHEDULE 48 PENSION BENEFITS ACT The

Schedule amends the Pension Benefits Act to add certain provisions from the Not-for-Profit Corporations Act, 2010 that relate to the meaning of “affiliates” in clause 1 (4) (

a) of the Pension Benefits Act. These added provisions will be repealed on the day the Not-for-Profit Corporations Act, 2010 comes into force. The criteria for a benefit provided by a pension plan to be a target benefit are amended. The obligation of an employer to contribute to the pension fund in respect of the benefit must be limited to a fixed amount set out in either one or more collective agreements or one or more documents, other than a collective agreement, that create and support the plan. Currently,

section 55.1 of the Act sets out circumstances in which employers and members are permitted to reduce or suspend certain contributions under a pension plan. An amendment provides that the

section does not prevent a reduction or suspension of those contributions if the reduction or suspension is otherwise authorized by the Act or the regulations.

Section 82 of the Act, which currently governs the Pension Benefits Guarantee Fund, is amended to provide that the assets of the Guarantee Fund are not public money for the purposes of the Financial Administration Act and do not form part of the Consolidated Revenue Fund. A new sect ion 115.3 is added to the Act to require the Financial Services Regulatory Authority of Ontario to give the Minister such records and information related to a pension plan or pension fund, or both, as the Minister requests. Notice is not required to be given to an individual in respect of personal information that may be collected by the Minister. The

section also requires the Chief Executive Officer to give the Minister such records and information relating to the Pension Benefits Guarantee Fund as the Minister requests.

SCHEDULE 49 PERSONAL PROPERTY SECURITY ACT The

Schedule amends the Personal Property Security Act . Chattel paper is either electronic chattel paper or tangible chattel paper, depending on whether it is evidenced by an electronic record or not. The amendments to the Act include the following: 1. A provision about what constitutes control of electronic chattel paper. 2. Amendments to provisions about conflict of laws and when a security interest attaches to collateral. 3. A rule for perfection of electronic chattel paper by control. 4. An amendment to

section 28 of the Act, which sets out priority rules for purchasers of chattel paper, to take into account both types of chattel paper.

SCHEDULE 50 PROVINCE OF ONTARIO SAVINGS OFFICE PRIVATIZATION ACT, 2002 The Province of Ontario Savings Office Privatization Act, 2002 is amended to change a reference to the Deposit Insurance Corporation of Ontario to refer instead to the Financial Services Regulatory Authority of Ontario.

SCHEDULE 51 PROVINCIAL OFFENCES ACT The

Schedule amends

section 30 of the Provincial Offences Act to provide that a justice who is appointed to another court during a trial continues to have jurisdiction to preside over the trial.

SCHEDULE 52 PTSD AWARENESS DAY ACT, 2019 The

Schedule enacts the PTSD Awareness Day Act, 2019, which proclaims June 27 in each year as PTSD Awareness Day.

SCHEDULE 53 PUBLIC SECTOR LABOUR RELATIONS TRANSITION ACT, 1997

Section 8 of the Public Sector Labour Relations Transition Act, 1997 is repealed and replaced. The new

section 8 provides that the Act applies when two or more health service providers are amalgamated or when all, or substantially all, of the asse ts of one health service provider are transferred to another health service provider. Rules respecting the application of the Act in those circumstances are also set out. The Lieutenant Governor in Council is given the power to make regulations that provide for transitional matters in connection with the implementation of these amendments, and complementary and consequential amendments are also made.

SCHEDULE 54 PUBLIC TRANSPORTATION AND HIGHWAY IMPROVEMENT ACT The

Schedule amends the Public Transportation and Highway Improvement Act . The amendments authorize the Minister to appoint inspectors for the purpose of inspecting, auditing, examining, assessing and evaluating transit infrastructure assets held by or on behalf of the Toronto Transit Commission or the City of Toronto. The amendments authorize inspections for those purposes.

SCHEDULE 55 SECURITIES ACT The

Schedule amends the Securities Act. A new principle relating to the facilitation of innovation in Ontario’s capital markets is added to

section 2.1 of the Act. The Act is amended to provide that subsection 2 (2) of the Fines and Forfeitures Act does not apply to fines recovered for certain contraventions of Ontario securities law or Ontario commodity futures law.

xii Currently, when the Ontario Securities Commission proposes to make a rule, it is required under

section 143.2 of the Act to post a notice that includes a description of the anticipated costs and benefits of the proposed rule. This requirement is amended to provide that the notice must contain a qualitative and quantitative analysis of the anticipated costs and benefi ts of the proposed rule. Two technical amendments are made.

SCHEDULE 56 SIMPLER, FASTER, BETTER SERVICES ACT, 2019 The

Schedule enacts the Simpler, Faster, Better Services Act, 2019 . The Act authorizes the Minister responsible for the Act to appoint a Chie f Digital and Data Officer who is required to perform various functions related to the provision of digital services and the publication of data by broader public sector organizations. The Chief Digital and Data Officer is also required to establish standa rds respecting digital services and standards for open data for use by public sector organizations.

The Act authorizes the Lieutenant Governor in Council to make regulations that apply to a broader public sector organization that is not a public sector org anization respecting digital services as they pertain to the organization and the publication of data by the organization. The Act sets out certain principles that public sector organizations must have regard to in developing and using digital services and in making data publicly available. The Act provides for the Chief Digital and Data Officer to make certain reports to the Minister responsible for the Act.

SCHEDULE 57 TAXATION ACT, 2007 The

Schedule amends the Taxation Act, 2007 to add the Ontario childcare access and relief from expenses tax credit.

Section 93.2 of the Act is amended so that the condition regarding a corporation’s Ontario labour expenditure for the year fo r the purposes of the definition of “specialized digital game corporation” is chang ed so that for taxation years that commence after April 11, 2019, the Ontario labour expenditure must not be less than $500,000, rather than not less than $1 million.

SCHEDULE 58 TICKET SALES ACT, 2017 The

Schedule amends the Ticket Sales Act, 2017 . Currently, subsection 2 (1) of the Act requires a person who makes a ticket available for sale on the secondary market or who facilitates the sale of a ticket on the secondary market at a price above i ts face value to provide a guarantee or a confirmation. The

Schedule requires the guarantee or the confirmation to be in writing and to be provided when the ticket is made available for sale. If a person who facilitates the sale of a ticket on the second ary market complies with that subsection, no other person is required to comply with that subsection with respect to the sale. The

Schedule amends the information that subsection 5 (1) of the Act requires a primary seller to disclose. For example, the information to disclose deals with cases where the seller mak es tickets to an event available for sale in batches or not. In most cases, the disclosure is required as soon as the seller has the information and no later than the time at which the seller ma kes the tickets involved available for sale. All required disclosures must continue until the time at which the event takes place. The requirement in

section 8 of the Act to disclose the identity of a secondary seller does not apply if an operator of a secondary ticketing platform that facilitates the sale of a ticke t has provided the guarantee required by subsection 2 (1) of the Act. The purpose for which an inspector can conduct an inspection without a warrant or for which an investigator can conduct an investigation is broadened so that the inspector or investigato r can ensure that there has been compliance with any provision of the Act or the regulations, rather than just with certain listed provisions of the Act and the regulations.

The maximum amount of an administrative penalty under the Act is increased from $1 0,000 to $25,000. The

Schedule allows the Lieutenant Governor in Council to make regulations requiring a person who sells a ticket to provide the ticket to the purchaser in paper form if the purchaser so requests, regulating the fees that the person can ch arge and governing the transferability of tickets made available for sale.

SCHEDULE 59 TOBACCO TAX ACT The

Schedule amends the Tobacco Tax Act in the following ways: 1. Currently under subsection 1 (2) of the Act producing raw leaf tobacco for the purposes of the Act includes baling and packaging the tobacco. Subsection 1 (2) of the Act is amended to remove reference to those activities.

Section 2.3 of the Act is modified to prohibit any person from baling or packaging raw leaf tobacco without a reg istration certificate. 2. Subsection 2.2 (10) of the Act requires a person who holds a registration certificate issued under that

section to notify the Minister of certain information. That subsection is amended to require the person to also notify the Mi nister of any subsequent changes to the information provided to the Minister when applying for the certificate.

xiii 3. The Act is amended such that persons required to hold a registration certificate must retain and dispose of damaged or unused markers in acc ordance with the regulations. The Act is also amended to provide that it is an offence to contravene this requirement and to permit the Minister to assess a penalty in cases of non -compliance with this requirement. 4. The fines and penalties for contraven ing subsection 2.2 (22), which requires notification respecting the destruction of raw leaf tobacco, are amended. 5.

The Act is amended to permit the Minister to amend conditions or restrictions on a registration certificate or a permit and also to impose other conditions or restrictions that the Minister considers appropriate. 6. Subsection 12 (1) currently provides for the collection of information for the purposes of evaluating the suitability of a person to be a collector, exporter or registered importer or to hold various types of permits.

This subsection is amended to permit the Minister to demand information from any person for the purposes of evaluating the suitability of a person to be designated a collector or issued a registration certificate or a permit as well as to determine whether to impose, remove or amend a condition or restriction on a certificate or a permit.

Section 32 of the Act is amended to permit the Minister to disclose, in specified circumstances, copies of records and information obtained under the Act for the purposes of verifying information as part of an application for a registration certificate that is issued under

section 2.2.

SCHEDULE 60 TRIBUNAL ADJUDICATIVE RECORDS ACT, 2019 The

Schedule enacts the Tribunal Adjudicative Records Act, 2019 . The Act requires adjudicative tribunals prescribed by the regulations made under the Act to make their adjudicative records available to the public unless the record is subject to a confidentiality order. The Act authorizes the tribun als to make rules governing procedures for providing access to adjudicative records and for obtaining confidentiality orders and to, subject to the approval of the relevant minister, set a nd charge fees for providing access to adjudicative records.

The Act also provides that confidentiality orders can be filed with the Superior Court of Justice and that, upon filing, they can be enforced as if they were orders of that court. The Act also amends the Freedom of Information and Protection of Privacy Act to provide that it does not apply to notes, communications or draft decisions or orders prepared by or for a person acting in a quasi -judicial capacity. That Act is also amended to provide that it does not apply to adjudicative records to which the Tribunal Adju dicative Records Act, 2019 applies.

SCHEDULE 61 VITAL STATISTICS ACT The

Schedule amends the Vital Statistics Act . Instead of tabling in the Assembly the annual report of registrations under the Act that subsection 3 (5) requires the Registrar General to p repare, the Registrar General is required to publish it in a manner that the Registrar General considers appropriate. In deciding under subsection 34 (1) to correct an error made in a registration, the Registrar General no longer requires a statutory decla ration to supplement evidence of the error. The

Schedule adds powers for the Registrar General to make regulations governing the correction of errors in a registration. It also transfers some of the present regulation -making powers of the Lieutenant Governor in Council to the Registrar General.

Bill 100 2019

An Act to implement Budget measures and to enact, amend and repeal various statutes CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Aggregate Resources Act

Schedule 2 Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996

Schedule 3 Archives and Recordkeeping Act, 2006

Schedule 4 Bees Act

Schedule 5 Broader Public Sector Executive Compensation Act, 2014

Schedule 6 Business Corporations Act

Schedule 7 Cannabis Taxation Coordination Act, 2019

Schedule 8 Collection and Debt Settlement Services Act

Schedule 9 Combative Sports Act, 2019

Schedule 10 Commodity Futures Act

Schedule 11 Compensation for Victims of Crime Act

Schedule 12 Compulsory Automobile Insurance Act

Schedule 13 Condominium Act, 1998

Schedule 14 Consumer Reporting Act

Schedule 15 Courts of Justice Act

Schedule 16 Credit Unions and Caisses Populaires Act, 1994

Schedule 17 Crown Liability and Proceedings Act, 2019

Schedule 18 Discriminatory Business Practices Act

Schedule 19 Drainage Act

Schedule 20 Education Act

Schedule 21 Estate Administration Tax Act, 1998

Schedule 22 Farm Products Payments Act

Schedule 23 Federal Carbon Tax Transparency Act, 2019

Schedule 24 Financial Administration Act

Schedule 25 Financial Professionals Title Protection Act, 2019

Schedule 26 Financial Services Commission of Ontario Act, 1997

Schedule 27 Financial Services Regulatory Authority of Ontario Act, 2016

Schedule 28 Financial Services Tribunal Act, 2017

Schedule 29 Fire Protection and Prevention Act, 1997

Schedule 30 Fiscal Sustainability, Transparency and Accountability Act, 2019

Schedule 31 Freedom of Information and Protection of Privacy Act

Schedule 32 Gasoline Tax Act

Schedule 33 Insurance Act

Schedule 34 Investing in Ontario Act, 2008

Schedule 35 Juries Act

Schedule 36 Justices of the Peace Act

Schedule 37 Land Registration Reform Act

Schedule 38 Liquor Licence Act

Schedule 39 Ministry of Training, Colleges and Universities Act

Schedule 40 Modernizing the Skilled Trades and Apprenticeship Act, 2019

Schedule 41 Municipal Freedom of Information and Protection of Privacy Act

Schedule 42 Niagara Escarpment Planning and Development Act

Schedule 43 Oil, Gas and Salt Resources Act

Schedule 44 Ontario Heritage Act

Schedule 45 Ontario Infrastructure and Lands Corporation Act, 2011

Schedule 46 Ontario Loan Act, 2019

Schedule 47 Ontario New Home Warranties Plan Act

Schedule 48 Pension Benefits Act

Schedule 49 Personal Property Security Act

Schedule 50 Province of Ontario Savings Office Privatization Act, 2002

Schedule 51 Provincial Offences Act

Schedule 52 PTSD Awareness Day Act, 2019

Schedule 53 Public Sector Labour Relations Transition Act, 1997

Schedule 54 Public Transportation and Highway Improvement Act

Schedule 55 Securities Act

Schedule 56 Simpler, Faster, Better Services Act, 2019

Schedule 57 Taxation Act, 2007

Schedule 58 Ticket Sales Act, 2017

Schedule 59 Tobacco Tax Act

Schedule 60 Tribunal Adjudicative Records Act, 2019

Schedule 61 Vital Statistics 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 2

(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 Protecting What Matters Most Act (Budget Measures), 2019.

SCHEDULE 1 AGGREGATE RESOURCES ACT 1

Section 62.1 of the Aggregate Resources Act is repealed and the following substituted: Change of contact information 62.1 Within 14 days after a licensee or permittee changes his or her name, address or other prescribed contact information, the licensee or permittee shall give notice of the change to the prescribed person in the prescribed manner. Aggregate Resources and Mining Modernization Act, 2017 2

Section 44 of

Schedule 1 to the Aggregate Resources and Mining Modernization Act, 2017 is repealed. Commencement 3

(1) Subject to subsection (2), this

Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2) Section 2 comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

SCHEDULE 2 ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996 1

(1) The following provisions of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 are amended by striking out “April 1, 2019” wherever it appears and substituting in each case “January 1, 2020”: 1. Paragraphs 3 and 4 of subsection 27 (1.1). 2. Paragraphs 4 and 5 of subsection 27 (2). 3. Paragraphs 3 and 4 of subsection 27 (2.1).

(2) Section 27 of the Act is amended by adding the following subsection: Transition re wine and wine cooler tax increase previously effective April 1, 2019

(2.2) If, before the day the Protecting What Matters Most Act (Budget Measures), 2019 received Royal Assent, a purchaser or authorized grocery store paid an amount in respect of the increase in the basic tax on wine and wine cooler s that was scheduled to take effect on April 1, 2019 u nder subsections (1.1), (2) and (2.1), as they read immediately before the day the Protecting What Matters Most Act (Budget Measures), 2019 received Royal Assent, the following rules apply: 1. The amount paid in respect of the increase is deemed not to have been paid as tax or as an amount on account of tax. 2.

The amount paid in respect of the increase is deemed to have been paid as part of the purchase price otherwise owing in respect of the wine or wine cooler. Commencement 2

(1) Subject to subsection (2), this

Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent. (2) Subsection 1 (1) is deemed to have come into force on March 31, 2019.

SCHEDULE 3 ARCHIVES AND RECORDKEEPING ACT, 2006 1 Clause 1 (

b) of the Archives and Recordkeeping Act, 2006 is amended by adding “and to support effective government administration” after “transparency”. 2 The definition of “record” in subsection 2 (1) of the Act is amended by adding “including data” af ter “record of information”. 3 Clause 7 (

c) of the Act is amended by adding “and to support effective government administration” at the end. 4 The English version of subsections 8 (4), (5) and (7) of the Act are amended by striking out “his or her” whereve r it appears and substituting in each case “the Archivist’s”. 5 The English version of

section 10 of the Act is amended by striking out “his or her” wherever it appears and substituting in each case “the Archivist’s”. 6 (1) Subsection 11 (1) of the Act is repealed and the following substituted: Records schedules

(1) The Archivist may prepare a records

schedule that sets out, for a class of public records that a public body creates or receives, the length of time the records will be retained and the disposition of the records at the end of the retention period. Same

(1.1) Every public body shall prepare a records

schedule that sets out, for each class of public records that they create or receive and for which the Archivist has not prepared a records sched ule, the length of time the records will be retained and the disposition of the records at the end of their retention period. (2) Clause 11 (2) (

c) of the Act is repealed. 7 The English version of clause 20 (4) (

b) of the Act is amended by striking out “h e or she” in the portion before subclause (

i) and substituting “the Archivist”. 8 The English version of subsection 22 (3) of the Act is amended by striking out “his or her” and substituting “the Archivist’s”. 9 The English version of

section 23 of the Act is amended by striking out “his or her” wherever it appears and substituting in each case “the Archivist’s”. 10 The English version of

section 24 of the Act is amended by striking out “he or she” and substituting “the Archivist”. 11 (1) Subsection 25 (1) of the Act is repealed and the following substituted: Standards, guidelines re recordkeeping

(1) The Archivist shall, at the direction of the Management Board of Cabinet, establish standards and guidelines respecting recordkeeping practices, including practices to facilitate the preservation of records of archival value.

(2) The English version of subsection 25 (2) of the Act is amended by striking out “he or she” and substituting “the Archivist”. Commencement 12 This

Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

SCHEDULE 4 BEES ACT 1 Subsection 5 (3) of the Bees Act is repealed. 2 The Act is amended by adding the following section: Inspector’s orders, content and delivery 6.1

(1) Every order made by an inspector under

section 5, 6 or 19 shall state that the beekeeper may appeal from the inspector’s order to the Director within five days after receipt of the order. Delivery

(2) An inspector’s order shall be delivered to the beekeeper, (

a) by registered mail or courier at the beekeeper’s last or usual place of abode; (

b) by email; or (

c) in person by the inspector. Deemed receipt

(3) An inspector’s order shall be deemed to have been received by the beekeeper in accordance with the following rules: 1. If the order is delivered by registered mail or courier, it is deemed to have been received on the fifth day after the day the order is mailed or couriered. 2. If the order is delivered by email or in person by the inspector, it is deemed to have been received on the day it is sent by email or received in person.

Failure to receive document (4) Subsection (3) does not apply if the beekeeper establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond the beekeeper’s control, receive the order or did not receive it until after the deemed date of receipt. 3 Subsection 7 (3) of the Act is repealed and the following substituted: Hearing and decision on appeal

(3) Upon being notified of an appeal, the Director shall hold a hearing and at the conclusion of the hearing may confirm, revoke or vary the inspector’s order. Notice of decision

(3.1) The Director shall give the beekeeper who appealed the inspector’s order notice of a decision made under subsection (3), (

a) by registered mail or courier at the beekeeper’s last or usual place of abode; or (

b) by email. Compliance with decision

(3.2) A beekeeper who receives notice of the Director’s decision made under subsection (3) s hall comply with the decision within the time specified in the notice. Deemed receipt

(3.3) Notice of the Director’s decision shall be deemed to have been received by the beekeeper in accordance with the following rules: 1. If the notice is delivered by registered mail or courier, it is deemed to have been received on the fifth day after the day the notice is mailed or couriered. 2. If the notice is delivered by email, it is deemed to have been received on the day it is sent by email.

Failure to receive document (3.4) Subsection (3.3) does not apply if the beekeeper establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond the beekeeper’s control, receive the notice or did not receive it until afte r the deemed date of receipt. Commencement 4 This

Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

SCHEDULE 5 BROADER PUBLIC SECTOR EXECUTIVE COMPENSATION ACT, 2014 1 Clause (

a) of t he definition of “Minister” in subsection 1 (1) of the Broader Public Sector Executive Compensation Act, 2014 is repealed. 2 Subsections 6 (4) and (5) of the Act are repealed and the following substituted: Governing performance assessment indicators

(4) A compensation framework may authorize the Management Board of Cabinet to establish rules governing a designated employer’s use of performance assessment indicators in determining a designated executive’s compensation. Limiting increases in pay

(5) A compe nsation framework may authorize the Minister to limit, in writing, the increase in salary or the pay -for- performance that a designated employer may give to a designated executive, including by limiting, (

a) the number of designated executives to whom a designated employer may, (

i) give an increase in salary or a category of increase in salary, or (ii) give pay-for-performance or a category of pay-for-performance; and (

b) the time periods for which a designated employer may give a performance -related increase in salary or pay -for- performance. Exempting from compensation framework

(6) A compensation framework may authorize the Minister to exempt, in writing, a designated employer or a designated executive from a requirement in the compensation framework and to set conditions for the exemption. Non-application of Legislation Act, 2006,

Part III, Board and Minister decisions

(7) Part III (Regulations) of the Legislation Act, 2006 does not apply to, (

a) rules established by the Management Board of Cabine t that are authorized by a provision in a compensation framework made under subsection (4); or (

b) a limit imposed by the Minister or an exemption granted by the Minister as authorized by a compensation framework. 3 Subsection 7 (5) of the Act is repealed. 4 The Act is amended by adding the following section: Newly created employers Application 7.1

(1) This

section applies to, (

a) a designated employer that has never hired any designated executives; and (

b) a designated employer that has hired designat ed executives but has not become fully operational and does not intend for any of the designated executives to remain executives of the employer once the employer becomes fully operational. Restriction on hiring

(2) A designated employer to which this

section applies shall not hire a designated executive that it intends to have remain an executive of the employer once the employer becomes fully operational, unless, (

a) the compensation plan for that designated executive position has been approved by the M inister in writing; or (

b) the Minister has exempted the designated employer in writing from that requirement. Approval process

(3) The designated employer shall submit such material and follow such procedure as may be prescribed for seeking the Minister’s approval of compensation plans. 5

Section 9 of the Act is repealed and the following substituted: Existing employees and office holders 9

(1) Where a person is a designated executive immediately before the effective date of an applicable compensation framework and continues to be employed in the same position or office, whether under the same contract or agreement or through a renewal of an existing contract or agreement, the following rules apply, regardless of when the contract or agreement was entered into:

8 1. Subject to paragraphs 2 and 3, the designated executive’s compensation plan that is in effect immediately before the effective date of the applicable compensation framework remains in effect. 2. On or after August 13, 2021, any element of compensation in the designated executive’s compensation plan that is greater than that authorized under an applicable compensation framework is not valid or payable to the extent that it is not in accordance with the applicable compensation framework. 3.

Any increase in an element of compensation that is provided for in the designated executive’s compensation plan, but that has not been implemented on or before the effective date, is not valid or payable to the extent that it is not in accordance with the applicable compensation framework. Application of par. 2 of subs. (1)

(2) The Minister may, in writing, (

a) provide that paragraph 2 of subsection (1) applies in respect of a designated employer or a designated executive beginning on a date that is before August 13, 2021; or (

b) exempt a designated employer or a designated executive from the application of that paragraph until a specified date. 6 Subsection 23 (2) of the Act is amended by striking out “and for greater certainty, prevails over subsection 7.17 (2) of the Broader Public Sector Accountability Act, 2010” at the end. Broader Public Sector Accountability Act, 2010 7

(1) Part II.1 of the Broader Public Sector Accountability Act, 2010 is repealed. (2) Clause 23 (1) (

e) of the Act is amended by s triking out “subsection 7.17 (1)” at the end and substituting “subsection 7.17 (1), as it read immediately before it was repealed”. Excellent Care for All Act, 2010 8 Subsections 9 (6) to (9) of the Excellent Care for All Act, 2010 are repealed. Public Sector Compensation Restraint to Protect Public Services Act, 2010 9 The Public Sector Compensation Restraint to Protect Public Services Act, 2010 is repealed. Commencement 10 This

Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 6 BUSINESS CORPORATIONS ACT 1 Clause 140 (1) (

c) of the Business Corporations Act is amended by adding “and an e -mail address if one is provided” after “if any”. Commencement 2 This

Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

SCHEDULE 7 CANNABIS TAXATION COORDINATION ACT, 2019 Coordinated Cannabis Taxation Agreement 1

(1) The Coordinated Cannabis Taxation Agreement dated May 8, 2018, between the Minister of Finance on behalf of the Crown in right of Ontario and the Minister of Finance for Canada on behalf of the Government of Canada, is ratified and confirmed. Amendments

(2) The Minister of Finance may at any time enter into an agreement with the Minister of Finance for Canada to amend the agreement or any amending agreement. Other agreements or arrangements

(3) The Minister of Finance may enter into such other agreements or arrangements with the Government of Canada as the Minister considers nec essary or advisable respecting any matter relating to the Coordinated Cannabis Taxation Agreement and its implementation. Minister may make payments

(4) The Minister of Finance is authorized to make payments from the Consolidated Revenue Fund in accordanc e with the Coordinated Cannabis Taxation Agreement, and any agreement entered into under subsection (3) , from amounts appropriated by the Legislature for those purposes. Commencement 2 The Act set out in this

Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

Short title 3 The

short title of the Act set out in this

Schedule is the Cannabis Taxation Coordination Act, 2019.

SCHEDULE 8 COLLECTION AND DEBT SETTLEMENT SERVICES ACT 1 Subsection 26 (1) of the Collection and Debt Settlement Services Act is repealed and the following substituted: Service

(1) Any notice or order required to be given or served under this Act or the regulations is sufficiently given or served if it is , (

a) delivered personally; (

b) sent by registered mail addressed to the person to whom delivery or service is required to be made at the latest address for service appearing on the records of the Ministry; or (

c) sent by another manner if the sender can prove receipt of the notice or order. Commencement 2 This

Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

SCHEDULE 9 COMBATIVE SPORTS ACT, 2019 CONTENTS

INTERPRETATION 1.

Definitions COMMISSIONER 2. Commissioner ONTARIO COMBATIVE SPORT ADVISORY COUNCIL 3. Ontario Combative Sport Advisory Council 4. Functions of Advisory Council 5. Meetings LICENCES 6. Licence required 7. Application for licence 8. Issuance of licence 9. Refusal to issue a licence 10. Suspension or cancellation of a licence 11. Terms and conditions of a licence 12. Licence not transferable 13. Expiry of licence 14. Requirement to notify Commissioner if circumstances change EVENT PERMIT 15. Event permit required 16. Prohibition re owner, occupier or operator of venue 17. Application for event permit 18.

Issuance of event permit 19. Event permit not required for certain amateur combative sport contests or exhibitions 20. Refusal to issue event permit 21. Suspension or cancellation of event permit 22. Terms and conditions of an event permit 23. Event permit not transferable 24. Expiry of event permit 25. Permit holder to notify Commissioner if circumstances change 26. Security for professional combative sport contest or exhibition 27. Event administration fee NOTIFICATION BY COMMISSIONER 28. Notice of intention to refuse, etc. INSPECTIONS 29. Appointment of inspectors 30. Purpose of inspection 31.

Inspections without warrant 32. Powers on inspection 33. Warrants 34. Inspection report 35. Admissibility of certain documents ENFORCEMENT 36. Compliance order 37. Notice of administrative penalty 38. Enforcement of administrative penalty MISCELLANEOUS 39. Crown debt 40. Enforcement measures 41. Consideration of past conduct 42. Offence 43. Special deeming rules re Criminal Code (Canada) 44. Protection from personal liability 45. No Crown liability 46. Confidentiality 47. Payment into CRF 48. Refunds REGULATIONS 49. Regulations — Minister 50. Regulations — Lieutenant Governor in Council

13 REPEAL, AMENDMENT, COMMENCEMENT AND

SHORT TITLE 51. Repeal 52. Amendment — Licence Appeal Tribunal Act, 1999 53. Commencement 54.

Short title

INTERPRETATION

Definitions 1

(1) In this Act, “Advisory Council” means the Ontario Combative Sport Advisory Council established under

section 3; (“ Conseil consultatif”) “amateur combative sport contest or exhibition” has the meaning set out in the regulations; (“compétition ou exhibition de sports de combat amateurs”) “combative sport” has the meaning set out in subsection (2); (“sport de combat”) “Commissioner” means the Commissioner appointed under

section 2; (“commissaire”) “designated senior employee” means a person employed in the Ministry as an assistant deputy minister or in a position prescribed by the regulations; (“titulaire d’un poste supérieur désigné”) “matchmaker” means a person who arranges a professional combative sport contest or exhibition; (“promoteur de match”) “Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “Ministry” means the ministry of the Minister; (“ministère”) “official” means a person who participates in a professional combative sport contest or exhibition as a referee, judge or in any other prescribed capacity; (“officiel”) “prescribed” means prescribed by the regulations; (“prescrit”) “professional combative sport contest or exhibition” has the meaning set out in the regulations; (“compétition ou exhibition de sports de combat professionnels”) “regulations” means the regulations made under this Act. (“règlements”) Combative sport

(2) A reference to “combative sport” in this Act and the regulations, including within the

definitions of “amateur combative sport contest or exhibition” and “professional combative sport contest or exhibition” in subsection (1), means, (

a) a sport in which contestants, (

i) strike their opponents using their hands, fists, feet or any other body part or any combination of them, (ii) use throwing, grappling, wrestling or submission techniques, or (iii) engage in any other prescribed technique; or (

b) a sport designated by the Minister in the regulations. Combative sport

(2) A reference to “combative sport” in this Act and the regulations, including within the

definitions of “amateur combative sport contest or exhibition” and “professional combative sport contest or exhibition” in subsection (1), means a sport in which contestants meet by previous arrangement for the purpose of an encounter or fight and, (

a) strike their opponents using their hands, fists, feet or any other body part or any combination of them; (

b) use throwing, grappling or submission techniques; or (

c) engage in any other prescribed technique. Same

(3) The Minister may set out in the regulations, for information purposes, sports that are combative sports. However, for clarity, a sport may be a combative sport even if it has not been set out in the regulations.

14 COMMISSIONER Commissioner 2

(1) The Minister shall appoint, in writing, a person employed in the Ministry as the Commiss ioner for the purposes of this Act. Powers and duties

(2) The Commissioner shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed. Delegation

(3) The Commissioner may delegate, in writing, any of the Co mmissioner’s powers or duties under this Act or the regulations to any person, including any person not employed in the Ministry, subject to any limitations, conditions and requirements set out in the delegation. ONTARIO COMBATIVE SPORT ADVISORY COUNCIL Ontario Combative Sport Advisory Council 3

(1) A council known as the Ontario Combative Sport Advisory Council in English and Conseil consultatif ontarien des sports de combat in French is established. Members

(2) The composition of the Advisory Council shall be as provided in the regulations, and the members shall be appointed by the Lieutenant Governor in Council. Chair, vice-chairs

(3) The Lieutenant Governor in Council may designate one of the members of the Advisory Council to be the chair and one or more members of the Advisory Council to be vice-chairs. Vice-chairs

(4) A vice-chair shall act as and have all the powers and authority of the chair if the chair is absent or unable to act or if the chair’s position is vacant. Remuneration and expenses

(5) The Lieutenant Governor in Council may determine the remuneration and expenses of persons appointed under subsection (2). Support

(6) The Minister may designate any persons employed in the Ministry to provide support to the Advisory Council in the performance of its functions under this Act and the regulations. Functions of Advisory Council 4 The Advisory Council shall, (

a) advise the Minister regarding regulations under

section 49; and (

b) perform any other duties as may be prescribed. Meetings 5

(1) The Advisory Council may only hold meetings as directed by the Minister. Meetings by telephone or other communications

(2) A member of the Advisory Council may participate in a meeting by telephone or other means of communication that permits all of t he persons participating to communicate, and a member so participating is considered to be present at the meeting. Quorum

(3) A majority of the members of the Advisory Council constitutes a quorum. LICENCES Licence required 6 No person shall do any of the following unless the person holds a valid licence authorizing the activity: 1. Promote, conduct or hold a professional combative sport contest or exhibition. 2. Participate as a contestant in a professional combative sport contest or exhibition.

15 3. Provide services as a manager, matchmaker, second or official with respect to a professional combative sport contest or exhibition. 4. Engage in any other prescribed activity. Application for licence 7 A person may apply to the Commissioner for a licence by, (

a) submitting to the Commissioner, (

i) the prescribed information, authorizations and records, (ii) any information, application form and other records required by the Commissioner, and (iii) the prescribed fees; and (

b) complying with any additional prescribed requirements. Issuance of licence 8 The Commissioner shall issue a licence to an applicant, if the Commissioner, (

a) receives an application under

section 7; and (

b) is satisfied that the applicant has complied with this Act and the regulations. Refusal to issue a licence 9 Subject to

section 28, on receipt of an application under

section 7, the Commissioner may refuse to issue a licence if, (

a) the applicant, or any of the officers, directors or representatives of the applicant, (

i) has contravened this Act, the regulations or the terms and conditions of a licence, or (ii) fails to meet the requirements for the licence; (

b) the Commissioner has reasonable grounds to believe that, (

i) based on the past conduct of the applicant, or any officers, directors or representatives of the applicant, the applicant will not carry on business with honesty and integrity and in accordance with this Act, the regulations or any term or condition of the licence, (ii) the applicant has made a false or m isleading statement, with respect to any matter that the Commissioner considers material, in an application under

section 7 or 17 or in any of the information or material submitted to the Commissioner in support of an application, (iii) the issuance of the licence is not in the interest of the health and safety of the contestant, or (iv) it is not in the public interest to issue the licence; or (

c) any other prescribed circumstances exist. Suspension or cancellation of a licence 10

(1) Subject to

section 28, the Commissioner may suspend or cancel a licence on any ground on which the Commissioner might have refused to issue the licence under

section 9. Reinstatement

(2) If the Commissioner considers it appropriate to do so, and on receipt of any pr escribed reinstatement fee, the Commissioner may reinstate a licence that has been suspended. Terms and conditions of a licence 11

(1) On issuing or reinstating a licence, the Commissioner shall include the prescribed terms and conditions, if any, and may include any other terms and conditions that the Commissioner considers appropriate. Amendment or imposition of new terms and conditions

(2) Subject to

section 28, at any time after a licence is issued or reinstated, the Commissioner may amend the terms a nd conditions imposed by the Commissioner under subsection (1) or impose new terms and conditions. Licence not transferable 12 A licence is not transferable. Expiry of licence 13 Unless cancelled under

section 10 or 14, a licence expires on the expiration of the prescribed period.

16 Requirement to notify Commissioner if circumstances change 14

(1) Within 30 days after a prescribed change in circumstances, an applicant for a licence or licensee shall notify the Commissioner in writing of the change. Powers after receipt of information

(2) Subject to

section 28, after receiving information that there has been a change in circumstances in accordance with subsection (1), the Commissioner may, (

a) in the case of an applicant for a licence, refuse to issue a licence; or (

b) in the case of a licensee, (

i) suspend or cancel the licence, or (ii) amend the terms and conditions imposed by the Commissioner under subsection 11 (1) or impose new terms and conditions. Failure to comply with subs. (1)

(3) Subject to

section 28, if an applicant for a licence or licensee fails to comply with subsection (1), the Commissioner may, (

a) in the case of an applicant for a licence, refuse to issue a licence; or (

b) in the case of a licensee, (

i) suspend or cancel the licence, or (ii) amend the terms and conditions imposed by the Commissioner under subsection 11 (1) or impose new terms and conditions. EVENT PERMIT Event permit required 15 No person shall promote, conduct or hold an amateur combative sport contest or exhibition or a professional combative sport contest or exhibition unless the person holds a valid event permit authorizing the contest or exhibition.

Prohibition re owner, occupier or operator of venue 16 No owner, occupier or operator of a building, structure or ot her premises shall allow the conduct or holding of an amateur combative sport contest or exhibition or a professional combative sport contest or exhibition in or at the building, structur e or premises unless the Commissioner has issued a valid event permit for the contest or exhibition to be held in or at that building, structure or premises. Application for event permit 17 A person may apply to the Commissioner for an event permit by, (

a) submitting to the Commissioner, (

i) the prescribed information, authorizations and records, (ii) any information, application form and other records required by the Commissioner, and (iii) the prescribed fees; and (

b) complying with any additional prescribed requirements. Issuance of event permit 18

(1) The Commissioner shall issue an event permit to an applicant if the Commissioner, (

a) receives an application under

section 17; and (

b) is satisfied that the applicant has complied with this Act and the regulations. Event permit re professional combative sport contest or exhibition

(2) An event permit issued for a professional combative sport contest or exhibition shall only be in respect of a single contest or exhibition. Event permit re amateur combative sport contest or exhibition

(3) An event permit issued for a n amateur combative sport contest or exhibition may be in respect of a single or multiple contests or exhibitions.

17 Appointment of officials

(4) The Commissioner may appoint the officials for any professional combative sport contest or exhibition and requi re the prescribed fees and eligible expenses to be paid to the officials by the Commissioner on behalf of the event permit holder. Event permit not required for certain amateur combative sport contests or exhibitions 19 An amateur combative sport contest or exhibition may be held without an event permit if, (

a) the contest or exhibition is held with the permission of a prescribed person or entity or is held under any of the prescribed circumstances; or (

b) the contest or exhibition satisfies the prescribed criteria. Refusal to issue event permit 20 Subject to

section 28, on receipt of an application under

section 17, the Commissioner may refuse to issue an event permit if, (

a) the applicant, or any of the officers, directors or representatives of the applicant, (

i) has contravened this Act, the regulations or the terms and conditions of an event permit, or (ii) fails to meet the requirements for the event permit; or (

b) the Commissioner has reasonable grounds to believe that, (

i) based on the past conduct of the applicant, or any officers, directors or representatives of the applicant, the applicant will not carry on business with honesty and integrity and in accordance with this Act, the regulations or any term or condition of the event permit, (ii) the applicant has made a false or misleading statement, with respect to any matter that the Commissioner considers material, in an application under

section 7 or 17 or in any of the information or material submitted to the Commissioner in support of an application, or (iii) it is not in the public interest to issue the event permit; or (

c) any other prescribed circumstances exist. Suspension or cancellation of event permit 21 Subject to

section 28, the Commissioner may suspend or cancel an event permit on any ground on which the Commissioner might have refused to issue the event permit under

section 20. Terms and conditions of an event permit 22

(1) On issuing an event permit, the Commissioner shall include the prescribed terms and conditions, if any, and may impose any other terms and conditions that the Commissioner considers appropriate. Amendment or imposition of new terms and conditions

(2) Subject to

section 28, at any time after an event permit is issued, the Commissioner may amend the terms and conditions imposed by the Commissioner under subsection (1) or impose new terms and conditions. Event permit not transferable 23 An event permit is not transferable. Expiry of event permit 24 Unless cancelled under

section 21 or 25, an event permit expires on the expiration of the prescribed period. Permit holder to notify Commissioner if circumstances change 25

(1) Within 30 days after a prescribed change in circumstances, an applicant for an event permit or a holder of an event permit shall notify the Commissioner in writing of the change. Powers after receipt of information

(2) Subject to

section 28, after receiving information that there has been a change in circumstances in accordance with subsection (1), the Commissioner may, (

a) in the case of an applicant for an event permit, refuse to issue an event permit; or (

b) in the case of a holder of an event permit, (

i) suspend or cancel the event permit, or (ii) amend the terms and conditions imposed by the Commissioner under subsection 22 (1) or impose new terms and conditions.

18 Failure to comply with subs. (1)

(3) Subject to

section 28, if an applicant for an event permit or holder of an event permit fails to comply with subsection (1), the Commissioner may, (

a) in the case of an applicant for an event permit, refuse to issue an event permit; or (

b) in the case of a holder of an event permit, (

i) suspend or cancel the event permit, or (ii) amend the terms and conditions imposed by the Commissioner under subsection 22 (1) or impose new terms and conditions. Security for professional combative sport contest or exhibition 26

(1) Before issuing an event permit for a professional combative sport contest or exhibition, the Commissioner shall require the applicant to post security, in accordance w ith the regulations, to ensure compliance with this Act, the regulations and the terms and conditions of the event permit. Amount of security

(2) The security referred to in subsection (1) shall be in an amount sufficient to cover, (

a) the fees and eligible expenses payable to officials appointed by the Commissioner under subsection 18 (4); (

b) the event administration fee payable under

section 27; and (

c) any other amounts prescribed by regulation. Form of security

(3) The security referred to in subsection (1) shall be posted in one of the prescribed forms. Forfeiture

(4) A security required under this

section shall be forfeited to the Crown in the prescribed circumstances and in accordance with the prescribed rules. Event administration fee 27 The holder of an event permit for a professional combative sport contest or exhibition shall pay to the Minister an event administration fee, in accordance with the requirements set out in the regulations. NOTIFICATION BY COMMISSIONER Notice of intention to refuse, etc. 28

(1) The Commissioner shall notify the applicant, licensee or event permit holder, as the case may be, in writing if the Commissioner intends to, (

a) refuse to issue a licence; (

b) refuse to issue an event permit; (

c) suspend or cancel a licence or event permit; or (

d) amend the terms and conditions of a licence or event permit or impose new terms and conditions on a licence or event permit. Contents of notice

(2) The notice under subsection (1) shall set out the reasons for the proposed action and shall state that the applicant, licensee or event permit holder is entitled to a hearing by the Licence Appeal Tribunal if the applicant, licensee or event permit hol der, within 15 days after service of the notice, serves a written request for a hearing on the Commissioner and the Tribunal. If no request for hearing

(3) If the applicant, licensee or event permit holder does not request a hearing in accordance with subsection (2), the Commissioner may take the action set out in the notice. Exception, immediate action

(4) Despite subsections (1) and (2), if the Commissioner considers that it is necessary and in the public interest or in the interest of health and safety to take immediate action, the Commissioner may immediately suspend or cancel a licence or an event permit without providing written notice to the licensee or event permit holder under subsections (1) and (2), but the Commissioner shall give the licensee or event permit holder a notice setting out the reasons for the suspension or ca ncellation and the notice shall state that the licensee or event permit holder is entitled to a hearing by the Licence Appeal Tribunal i f the

19 licensee or event permit holder, within 15 days after service of the notice, serves a written request for a hearin g on the Commissioner and the Tribunal. Same, no stay of action

(5) A request for a hearing under subsection (4) does not stay the operation of the action taken by the Commissioner under that subsection. Hearing

(6) If the applicant, licensee or event pe rmit holder requests a hearing in accordance with subsection (2) or (4), the Licence Appeal Tribunal shall appoint a time for and hold the hearing. Powers of Tribunal

(7) After holding the hearing, the Licence Appeal Tribunal may, (

a) by order, direct th e Commissioner to carry out the action set out in the notice, with or without amendments, or substitute its opinion for that of the Commissioner; and (

b) by order, direct the Commissioner to take such action as the Tribunal considers he or she should take in accordance with this Act and the regulations. Appeals from orders of the Tribunal

(8) If an applicant, licensee or event permit holder appeals an order of the Licence Appeal Tribunal, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal. INSPECTIONS Appointment of inspectors 29

(1) The Minister may appoint any person to be an inspector for the purposes of this Act. Commissioner is an inspector

(2) The Commissioner is, by virtue of his or her office, an inspector. Powers and duties

(3) An inspector shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed by the regulations. Restrictions

(4) The Minister may restrict an inspector’s powers of entry and inspection to specified premises. Certificate of appointment

(5) The Minister shall issue to every inspector a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of his or her duties. Purpose of inspection 30 An inspector shall conduct inspections for the purpose of enforcing this Act and the regulations. Inspections without warrant 31

(1) An inspector may, at any reasonable time and without a warrant, enter and inspect, (

a) a premises where an amateur combative sport contest or exhibition or professional combative sport contest or exhibition is being held or is scheduled to be held or where the inspector suspects on reasonable grounds that such a contest or exhibition is being held or is scheduled to be held; or (

b) a premises where the inspector suspects on reasonable grounds that a person has not complied with or is not complying with this Act or the regulations. Dwellings

(2) The power to enter and inspect a premises described in subsection (1) without a warrant shall not be exercised to enter and inspect a premises that is used as a dwelling, except with the consent of the occupier of the premises. Powers on inspection 32

(1) An inspector conducting an inspection may, (

a) examine a record or other thing that is relevant to the inspection; (

b) demand the production for inspection of a document or other thing that is relevant to the inspection; (

c) on issuing a written receipt, remove for review and copying a record or other thing that is r elevant to the inspection;

20 (

d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business on the premises; (

e) take photographs, video recordings or other visual or audio recordings that are relevant to the inspection; and (

f) question a person on matters relevant to the inspection. Limitation re photographs and recordings

(2) A photograph or recording made under clause (1) (

e) must be made in a m anner that does not intercept any private communication and that accords with reasonable expectations of privacy. Written demand

(3) A demand that a record or other thing be produced for inspection must be in writing and must state, (

a) the nature of the record or thing required; and (

b) when the record or thing is to be produced. Obligation to produce and assist

(4) If an inspector demands that a record or other thing be produced for inspection, the person having custody of the record or other thing sh all produce it for the inspector within the time provided for in the demand, and shall, upon the inspector’s demand, (

a) provide whatever assistance is reasonably necessary to produce a record in a readable form, including using a data storage, processing or retrieval device or system; and (

b) provide whatever assistance is reasonably necessary to interpret a record for the inspector. Power to exclude persons

(5) An inspector who questions a person under clause (1) (

f) may exclude from the questioning any person except counsel for the individual being questioned. Return of things

(6) A record or other thing that has been removed for review and copying, (

a) shall be made available to the person from whom it was removed on request and at a time and plac e that are convenient for the person and for the inspector; and (

b) shall be returned to the person within a reasonable time. Definition of record

(7) In this section, “record” means any document or record of information, in any form, including a record of personal information. Warrants 33

(1) An inspector may, without notice, apply to a justice for a warrant under this section. Issuance of warrant

(2) A justice may issue a warrant authorizing an inspector named in the warrant to enter the premises spec ified in the warrant, and to exercise any of the powers mentioned in

section 32, if the justice is satisfied on information under oath or affirmation, (

a) that, (

i) an amateur combative sport contest or exhibition or professional combative sport contest or exhibition is being held or is scheduled to be held at the premises or where the inspector suspects on reasonable grounds that such a contest or exhibition is being held or is scheduled to be held, or (ii) the inspector suspects on reasonable grounds t hat a person has not complied with or is not complying with this Act or the regulations; and (

b) that, (

i) the inspector has been prevented from exercising a right of entry to the premises under

section 31 or a power under subsection 32 (1), or (ii) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under

section 31 or a power under subsection 32 (1).

21 Dwellings

(3) The power to enter a premises described in subsection (2) with a warrant shall not be exercised to enter a premises that is used as a dwelling, except where, (

a) the justice is informed that the warrant is being sought to authorize entry into a dwelling; and (

b) the justice authorizes the entry into the dwelling. Expert help

(4) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the inspector in the execution of the warrant. Expiry of warrant

(5) A warrant issued under this

section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued. Extension of time

(6) A justice may extend the date on which a warrant issued under this

section expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the warrant. Police assistance, etc.

(7) An inspector named in a warrant issued under this

section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant. Other matters (8) Subsections 32 (3) to (7) apply, with necessary modifications, with respect to the exercise of the powers mentioned in subsection (2) under a warrant issued under this section. Definition

(9) In this section, “justice” means a provincial judge or a justice of the peace. Inspection report 34 After completing an inspection, an inspector shall prepare an inspection report and, if the inspector is not the Commissioner, give a copy of the report to the Commissioner. Admissibility of certain documents 35 A copy made under subsection 32 (1) that purports to be certified by the inspector as being a true copy of the original is admissible in evidence in any proceeding to the same extent as, and has the same evidentiary value as, the original. ENFORCEMENT Compliance order 36

(1) If the Commissioner or an inspector believes on reasonable grounds that a person is not in compliance with a provision of this Act or the regulations, the Commissioner or inspector may make a compliance order , (

a) ordering the person to comply with the provision; (

b) ordering the person to do or refrain from doing anything specified in the order; and (

c) specifying dates by which the person is required to do or refrain from doing the things specified. Content of order

(2) A compliance order shall include the information prescribed by the regulations. Service

(3) The order shall be served on the person whom the Commissioner or inspector believes is not in compliance with this Act or the regulations. Amendment or revocation of order

(4) If the Commissioner or inspector makes an order under subsection (1), he or she may amend or revoke it. Notice

(5) Upon amending or revoking an order under subsection (4), the Commissioner or inspector shall give written notice of the amendment or revocation to the person to whom the order is directed.

22 Notice of administrative penalty 37

(1) The Commissioner may issue a notice in writing requiring a person to pay an administrative penalty in the amount set out in the notice if the Commissioner is of the opinion that the person has contravened this Act or the regulations. Purpose of administrative penalty

(2) A notice of administrative penalty may be issued under this

section for the purpose of, (

a) encouraging compliance with this Act and the regulations; or (

b) preventing a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of this Act or the regulations. Amount of administrative penalty

(3) Subject to subsection (4), the amount of an administrative penalty in respect of a contravention, (

a) shall not exceed $10,000, except as otherwise prescribed; (

b) shall be determined by the Commissioner in accordance with the regulations; and (

c) shall reflect the purpose referred to in subsection (2). One-year limitation

(4) A notice of administrative penalty shall not be issued under this

section more than one year after the day the most recent contravention on which the notice is based first came to the knowledge of the Commissio ner. Content of notice of administrative penalty

(5) A notice of administrative penalty shall, (

a) contain or be accompanied by information setting out the nature of the contravention including, if relevant, the date on which and location where the contravention occurred; (

b) set out the amount of the penalty to be paid and specify the time and manner of the payment; and (

c) inform the person of his, her or its right to request a review of the notice by a designated senior employee. Right to review

(6) A person who receives a notice of administrative penalty may request a designated senior employee to review the notice by applying to the designated senior employee for a review in a form approved by the Minister, (

a) within 15 days after the notice is served; or (

b) within a longer period specified by the designated senior employee, if he or she considers it appropriate in the circumstances to extend the time for applying. If no review requested

(7) If a person who has received a notice of adminis trative penalty does not apply for a review under subsection (6), the person shall pay the penalty within 30 days after the day the notice was served. If review requested

(8) If a person who has received a notice of administrative penalty applies for a review under subsection (6), the designated senior employee shall conduct the review in accordance with the regulations. Designated senior employee’s decision

(9) Upon a review, the designated senior employee may, (

a) find that the person did not contrav ene the provision of this Act or regulations specified in the notice of administrative penalty, and rescind the notice; (

b) find that the person did contravene the provision of this Act or regulations specified in the notice of administrative penalty and affirm the notice; or (

c) find that the person did contravene the provision but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances, and in that case the employee shall amen d the notice by reducing the amount of the penalty. Decision final

(10) The designated senior employee’s decision is final. Non-application of SPPA

(11) The Statutory Powers Procedure Act does not apply to a review conducted under subsection (8).

23 Payment after review

(12) If the designated senior employee finds under clause (9) (

b) or (

c) that a person has contravened the provision of this Act or regulations specified in the notice of administrative penalty, the person shall pay the penalty required by t he designated senior employee within 30 days after the day the decision was made. Payment to Minister of Finance

(13) A person who is required to pay an administrative penalty under this

section shall pay the penalty to the Minister of Finance. Enforcement of administrative penalty 38

(1) If a person who is required to pay an administrative penalty under

section 37 fails to pay it within the time required under subsection 37 (7) or (12), the notice of administrative penalty or the designated senior employ ee’s decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of th e court. Same

(2) Section 129 of the Courts of Justice Act applies in respect of a notice of administra tive penalty or decision filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the notice of administrative penalty o r decision is filed under subsection (1) is deemed to be the date of the order that is refe rred to in

section 129 of the Courts of Justice Act. MISCELLANEOUS Crown debt 39 An event administration fee payable under

section 27 or an administrative penalty imposed under

section 37 that is not paid within the time required under that

section is a debt due to the Crown and enforceable as such. Enforcement measures 40 The use of an enforcement measure provided for in this Act in respect of a contravention of this Act or the regulations does not prohibit the use, at the same time or different times, of any other enforcement measure or remedy provided for in this Act or otherwise available in law in respect of the same contravention. Consideration of past conduct 41 In making a decision under this Act, the Commissioner or a designated senior employee may consider any person’s current or past failures to comply with this Act or the regulations that the Commissioner or designated senior employee considers relevant. Offence 42

(1) Every person who contravenes any provision of this Act or of the regulations is guilty of an offence. Corporation

(2) An officer or director of a corporation is guilty of an offence if he or she fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1). Penalties

(3) A person that is convicted of an offence under this Act is liable to, (

a) a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or both, if the person is an individual; or (

b) a fine of not more than $100,000, if the person is not an individual. Penalty re monetary benefit

(4) The court that convicts a person of an offence under this section, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to three times the co urt’s estimation of the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fine provided in clause (3) (

a) or (b). Limitation

(5) No proceeding under this

section shal l be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the Commissioner. Special deeming rules re Criminal Code (Canada) 43

(1) The Minister is deemed to be specified by the Lieutenant Governor in Council as a person for the purposes of designating combative sports for the purposes of paragraph 83 (2) (

b) of the Criminal Code (Canada).

24 Same

(2) For the purposes of paragraphs 83 (2) (

b) and (

c) of the Criminal Code (Canada), (

a) the requirement for an event permit in respect of an amateur combative sport contest or exhibition under

section 15 is deemed to be a requirement by the Lieutenant Governor in Council for such a contes t or exhibition to be held only with permission of the Lieutenant Governor in Council; and (

b) an event permit for an amateur combative sport contest or exhibition issued under

section 18 is deemed to be permission to hold the contest or exhibition by the Lieutenant Governor in Council. Same

(3) For the purposes of paragraph 83 (2) (

c) of the Criminal Code (Canada), an amateur combative sport contest or exhibition that satisfies any of the criteria set out in

section 19 is deemed to be held with the permi ssion of the Lieutenant Governor in Council. Special deeming rules re Criminal Code (Canada) 43 For the purposes of paragraph 83 (2) (

c) of the Criminal Code (Canada), (

a) an event permit for an amateur combative sport contest or exhibition issued under

section 18 is deemed to be permission to hold the contest or exhibition by the Lieutenant Governor in Council; and (

b) an amateur combative sport contest or exhibition that satisfies any of the criteria set out in

section 19 is deemed to be held with the permission of the Lieutenant Governor in Council. Protection from personal liability 44

(1) No action or other proceeding may be instituted against the Minister, the Deputy Minister of the Ministry, a member of the Advisory Council, any officer or employee who works in the Ministry including the Commissioner or a designated senior employee, any delegate of the Commissioner, or an inspector for any act done in good faith in the exercise or intended exercise of a power conferred under this Act or the regulations or in the execution or intended execution of a duty imposed under this Act or the regulations or for an alleged neglect or default in the execution in good faith of the power or duty. Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. No Crown liability 45

(1) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a result of any act or omission of a person who is not a minister of the Crown, a Crown employee or a Crown agent, if the act or omission is related, directly or indire ctly, to an amateur combative sport contest or exhibition or a professional combative sport contest or exhibition, including but not limited to the activities mentioned in

section 6. No proceeding

(2) No proceeding for damages, including but not limited t o a proceeding for a remedy in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust or fiduciary obligation, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suff ered any damages, injury or other loss based on or related to any cause of action described in subsection (1). Confidentiality 46

(1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (

a) as may be required in connection with a proceeding under this Act or in connection with the administ ration of this Act or the regulations; (

b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or to any other entity to which the administration of legislation similar to this Act has been assigned; (

c) as authorized under the Regulatory Modernization Act, 2007; (

d) to an entity or organization prescribed by the regulations, if the purpose of the communication is to assist in the supervision of a professional combative sport contest or exhibition; (

e) to a law enforcement agency; (

f) to his, her or its counsel; (

g) as required by law; or

25 (

h) with the consent of the person to whom the information relates. Testimony

(2) Except in a proceeding under this Act, no person shall be required t o give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations. Payment into CRF 47

(1) All money received under the author ity of this Act and the regulations shall be paid into the Consolidated Revenue Fund. Money for special purpose

(2) All amounts received in respect of fees and eligible expenses payable to officials appointed by the Commissioner under subsection 18 (4) are deemed, for the purposes of the Financial Administration Act, to be money paid to Ontario for a special purpose. Refunds 48

(1) The Minister shall refund the security provided under

section 26 to an applicant for an event permit or an event permit holder, less all sums owing under this Act and the regulations, in accordance with the regulations. Same

(2) The Minister may refund all or any part of a fee charged, in accordance with the regulations. REGULATIONS Regulations — Minister 49

(1) The Minister may make regulations, (

a) designating sports as combative sports for the purposes of clause 1 (2) (b); (

a) setting out sports as combative sports for the purposes of subsection 1 (3); (

b) governing the conduct of an amateur combative sport contest or exhibition and the conduct of a professional combative sport contest or exhibition, including prescribing rules relating to such contests and exhibitions; (

c) governing fees and eligible expenses under subsection 18 (4), including, (

i) prescribing the amount of fees and expenses or the manner of determining fees and expenses, and (ii) prescribing the manner in which and the period within which fees and expenses must be paid. Restriction on Minister’s regulations

(2) Except in urgen

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 100 b100rep e.pdf
Type	bill
Volume / chapter	p42 s1 bill 100 b100rep e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	3ad56fa9653cd014c5a42351c09fac2f8501a3dd

Source file is stored in the law ingest library (json).