Supporting Ontario's Recovery and Municipal Elections Act, 2020 — Bill 218 (42nd Parliament, 1st Session)

Bill 218, 42-1

Ontario — Bills

Supporting Ontario's Recovery and Municipal Elections Act, 2020 — Bill 218 (42nd Parliament, 1st Session)

Bill 218, 42-1

Ontario — Bills

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Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020

Downey, Hon. Doug Attorney General

Royal Assent received. Statutes of Ontario 2020,

chapter 26

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Status

Debates

Acts affected

Royal Assent

As Amended by Standing Committee

Original

Bill 218 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 218 and does not form part of the law.

Bill 218 has been enacted as

Chapter 26 of the Statutes of Ontario, 2020.

Schedule

supporting Ontario’s Recovery ACT, 2020

The

Supporting Ontario’s Recovery Act, 2020 is enacted.

Section 2 of the Act provides that no cause of action arises against any person

as a direct or indirect result of an individual being or potentially being

infected with or exposed to coronavirus (COVID-19) on or after March 17, 2020

as a direct or indirect result of

an act or omission of the person if,

(

a) at

the relevant time, the person acted or made a good faith effort to act in

accordance with,

(

i) public

health guidance relating to coronavirus (COVID-19) that applied to the person,

and

(ii) any

federal, provincial or municipal law relating to coronavirus (COVID-19) that applied

to the person; and

(

b) the

act or omission of the person does not constitute gross negligence.

Proceedings

directly or indirectly based on or related to any such matter may not be

brought, and any that exist when the Act comes into force are deemed to have

been dismissed without costs. The

section also applies with respect to a person

who is vicariously liable for the acts or omissions of another person, if the

other person’s liability is negated in relation to any such act or omission

under subsection 2 (1). The terms “good faith effort”, “law”, “public health

guidance”, and “person” are defined and clarified in

section 1 of the Act.

The

Act also sets out an exception to

section 2 relating to the closure of a

person’s operations under a law, as well as exceptions relating to employment

and the performance of work.

Schedule

Municipal Elections Act, 1996

Currently,

the Municipal Elections Act, 1996 provides a

framework for conducting ranked ballot elections for offices

on a

municipal council. Amendments are made to remove that framework. Ontario

Regulation 310/16 (Ranked Ballot Elections) made under the Act is revoked.

Bill 218 2020

Act to enact the Supporting Ontario’s Recovery Act, 2020 respecting certain proceedings

relating to the coronavirus (COVID-19), to amend the Municipal Elections Act,

1996 and to revoke a regulation

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Supporting

Ontario’s Recovery Act, 2020

Schedule 2

Municipal

Elections Act, 1996

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and

(3), this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

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

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

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Supporting

Ontario’s Recovery and Municipal Elections Act, 2020 .

Schedule 1

Supporting Ontario’s Recovery ACT, 2020

Interpretation

(1) In

this Act,

“good

faith effort” includes an honest effort, whether or not that effort is

reasonable; (“effort de bonne foi”)

“law”

means a statute or any regulation, order, by-law or other instrument made under

a statute; (“règle de droit”)

“public

health guidance” means advice, recommendations, directives, guidance or

instructions given or made in respect of public health, regardless of the form

or manner of their communication, by any of the following:

i. The

Chief Medical Officer of Health appointed under the Health

Protection and Promotion Act , an Associate Chief Medical Officer of

Health under that Act or the Office of the Chief Medical Officer of Health.

ii. A

person appointed as a medical officer of health or associate medical officer of

health of a board of health under the Health Protection

and Promotion Act , or an employee of a board of health.

iii. A

iv. A

minister or ministry of the Government of Ontario or Canada, or an officer or

employee in such a ministry.

v. An

agency of the Government of Ontario or Canada or an officer or employee in such

an agency.

vi. A

municipality or an officer or employee of a municipality.

vii. A

regulatory body having jurisdiction over a person, or an officer or employee of

such a regulatory body. (“orientations en matière de santé publique”)

Same

(2) A

reference in this Act to a person includes a reference to any individual,

corporation or other entity, and includes the Crown in right of Ontario.

effect on defence, immunity

(3) Nothing

in this Act shall be read as abrogating or limiting any defence or immunity

that exists in law or at common law.

Protection

from liability

(1) No

cause of action arises against any person as a direct or indirect result of an

individual being or potentially being infected with or exposed to coronavirus

(COVID-19) on or after March 17, 2020 as a direct or indirect result of

an act

or omission of the person if,

(

a) at

the relevant time, the person acted or made a good faith effort to act in

accordance with,

(

i) public

health guidance relating to coronavirus (COVID-19) that applied to the person,

and

(ii) any

federal, provincial or municipal law relating to coronavirus (COVID-19) that

applied to the person; and

(

b) the

act or omission of the person does not constitute gross negligence.

Same

(2) Subsection

(1) applies regardless of any conflict or inconsistency in the public health

guidance or laws applicable to the person.

Same

(3) A

difference in the degree of specificity respecting a matter does not constitute

a conflict or inconsistency for the purposes of subsection (2).

Proceedings

barred

(4) No

proceeding that is directly or indirectly based on or

related to anything referred to in subsection (1) may be brought or

maintained against a person.

Retrospective

effect

(5) Subsection

(4) applies regardless of whether the cause of action on which the proceeding

is purportedly based arose before, on or after the day this Act comes into

force.

Proceedings

dismissed

(6) Any

proceeding referred to in subsection (4) that is commenced before the day this

Act comes into force is deemed to have been dismissed, without costs, on the

day this Act comes into force.

compensation payable

(7) No

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

extinguishment or termination of rights under this Act.

Vicarious

liability

(8) This

section applies with necessary modifications with respect to a person who is

vicariously liable for the acts or omissions of another person, where

subsection (1) would negate the liability of the other person in relation to

any such act or omission.

Non-application,

required closure

Section

2 does not apply with respect to acts or omissions of a person that,

(

a) occurred

while a law required the person’s operations to close, in whole or in part; and

(

b) relate

to an aspect of the person’s operations that was required to close under the

law.

Non-application,

employment and performance of work

(1) In

this section,

“occupational

disease”, “Schedule 1 employer”, “Schedule 2 employer”, “survivor” and “worker”

have the same meaning as in the Workplace Safety and

Insurance Act, 1997 .

Causes

of action, proceedings unaffected

(2) Section

2 does not apply with respect to any of the following:

1. A

cause of action of a worker who is or was employed by a

Schedule 1 employer or

Schedule 2 employer, or of the worker’s survivor, in respect of a personal injury

by accident arising out of and in the course of the worker’s employment or an occupational

disease.

2. A

cause of action of a worker who is or was employed by a

Schedule 1 employer or

Schedule 2 employer, or of the worker’s survivor, to which the Workplace Safety

and Insurance Board or

Schedule 2 employer, as the case may be, is subrogated

under

section 30 of the Workplace Safety and Insurance

Act, 1997 .

3. A

cause of action of an individual in respect of an actual or potential exposure

to or infection with coronavirus (COVID-19) that occurred in the course, or as

a result, of employment with a person or in the performance of work for or

supply of services to a person.

4. A

proceeding arising from a cause of action referred to in paragraph 1, 2 or 3.

effect on jurisdiction

(3) N othing in this Act affects the exclusive jurisdiction of

the Workplace Safety and Insurance Appeals Tribunal to determine a matter

described in subsection 31 (1) of the Workplace Safety and

Insurance Act, 1997 .

Conflict

(4) In

the event of a conflict between this Act and the Workplace

Safety and Insurance Act, 1997 , the Workplace

Safety and Insurance Act, 1997 prevails to the extent of the conflict.

Crown

bound

This

Act binds the Crown.

Commencement

The Act set out in this

Schedule comes into force on the day the Supporting Ontario’s Recovery and Municipal Elections Act, 2020

receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Supporting Ontario’s Recovery Act, 2020 .

Schedule 2

Municipal Elections Act, 1996

(1) The definition of “prescribed” in subsection 1 (1) of the Municipal Elections Act, 1996 is amended by striking out

“or, for references in

section 41.1, prescribed by the Lieutenant Governor in

Council”.

(2) The

definition of “ranked ballot election” in subsection 1 (1) of the Act is

repealed.

Subparagraph 1 iii of

section 3 of the Act is amended by striking out “that has

not passed a by-law authorizing the use of a ranked ballot election” at the

end.

Paragraph 3 of subsection 7 (3) of the Act is repealed.

Section 31 of the Act is amended by striking out “fourth Friday in July” and

substituting “third Friday in August”.

Sections 41.1 and 41.2 of the Act are repealed.

(1) Clause (

a) of subsection 42 (2) of the Act is amended by

striking out “in the year before the year of the election” and substituting “in

the year of the election”.

(2) Subparagraph

1 i of subsection 42 (4) of the Act is amended by striking out “before December

31 in the year before the year of the election” and substituting “before June 1

in the year of the election”.

Subsection 51 (3) of the Act is repealed.

Subsection 60 (4) of the Act is repealed.

Paragraph 5 of subsection 83 (7) of the Act is repealed.

Clause (

a) of subsection 95 (1) of the Act is amended by striking out

“regulations, except in sections 41.1 and 41.2” and substituting “regulations”.

Revocation

Ontario Regulation 310/16 (Ranked Ballot Elections) made under the Act is

revoked.

Commencement

This

Schedule comes into force on the day the Supporting Ontario’s Recovery and Municipal Elections Act, 2020

receives Royal Assent.

Bill 218 As Amended by Standing Committee (PDF)

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

supporting Ontario’s Recovery ACT, 2020

The

Supporting Ontario’s Recovery Act, 2020 is enacted.

Section 2 of the Act provides that no cause of action arises against any person

as a direct or indirect result of an individual being or potentially being

infected with or exposed to coronavirus (COVID-19) on or after March 17, 2020

as a direct or indirect result of

an act or omission of the person if,

(

a) at

the relevant time, the person acted or made a good faith effort to act in

accordance with,

(

i) public

health guidance relating to coronavirus (COVID-19) that applied to the person,

and

(ii) any

federal, provincial or municipal law relating to coronavirus (COVID-19) that

applied to the person; and

(

b) the

act or omission of the person does not constitute gross negligence.

Proceedings

directly or indirectly based on or related to any such matter may not be

brought, and any that exist when the Act comes into force are deemed to have

been dismissed without costs. The

section

also applies with respect to a person who is vicariously liable for the acts or

omissions of another person, if the other person’s liability is negated in

relation to any such act or omission under subsection 2 (1). The

terms “good faith effort”, “law”, “public health guidance”, and “person” are

defined and clarified in

section 1 of the Act.

The

Act also sets out an exception to

section 2 relating to the closure of a

person’s operations under a law, as well as exceptions relating to employment

and the performance of work.

Schedule

Municipal Elections Act, 1996

Currently,

the Municipal Elections Act, 1996 provides a

framework for conducting ranked ballot elections for offices

on a municipal

council. Amendments are made to remove that framework. Ontario Regulation

310/16 (Ranked Ballot Elections) made under the Act is revoked.

Bill 218 2020

Act to enact the Supporting Ontario’s Recovery Act, 2020 respecting certain

proceedings relating to the coronavirus (COVID-19), to amend the Municipal

Elections Act, 1996 and to revoke a regulation

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Supporting

Ontario’s Recovery Act, 2020

Schedule 2

Municipal

Elections Act, 1996

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and

(3), this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

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

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

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Supporting Ontario’s Recovery and Municipal Elections Act, 2020 .

Schedule 1

Supporting Ontario’s Recovery ACT, 2020

Interpretation

(1) In

this Act,

“good

faith effort” includes an honest effort, whether or not that effort is

reasonable; (“effort de bonne foi”)

“law”

means a statute or any regulation, order, by-law or other instrument made under

a statute; (“règle de droit”)

“public

health guidance” means advice, recommendations, directives, guidance or

instructions given or made in respect of public health, regardless of the form

or manner of their communication, by any of the following:

i. The

Chief Medical Officer of Health appointed under the Health

Protection and Promotion Act , an Associate Chief Medical Officer of

Health under that Act or the Office of the Chief Medical Officer of Health.

ii. A

person appointed as a medical officer of health or associate medical officer of

health of a board of health under the Health Protection

and Promotion Act , or an employee of a board of health.

iii. A

iv. A

minister or ministry of the Government of Ontario or Canada, or an officer or

employee in such a ministry.

v. An

agency of the Government of Ontario or Canada or an officer or employee in such

an agency.

vi. A

municipality or an officer or employee of a municipality.

vii. A

regulatory body having jurisdiction over a person, or an officer or employee of

such a regulatory body. (“orientations en matière de santé publique”)

Same

(2) A

reference in this Act to a person includes a reference to any individual,

corporation or other entity, and includes the Crown in right of Ontario.

effect on defence, immunity

(3) Nothing

in this Act shall be read as abrogating or limiting any defence or immunity

that exists in law or at common law.

Protection

from liability

(1) No

cause of action arises against any person as a direct or indirect result of an

individual being or potentially being infected with or exposed to coronavirus

(COVID-19) on or after March 17, 2020 as a direct or indirect result of

an act

or omission of the person if,

(

a) at

the relevant time, the person acted or made a good faith effort to act in

accordance with,

(

i) public

health guidance relating to coronavirus (COVID-19) that applied to the person, and

(ii) any

federal, provincial or municipal law relating to coronavirus (COVID-19) that

applied to the person; and

(

b) the

act or omission of the person does not constitute gross negligence.

Same

(2) Subsection

(1) applies regardless of any conflict or inconsistency in the public health

guidance or laws applicable to the person.

Same

(3) A

difference in the degree of specificity respecting a matter does not constitute

a conflict or inconsistency for the purposes of subsection (2).

Proceedings

barred

(4) No

proceeding that is directly or indirectly based on or

related to anything referred to in subsection (1) may be brought or

maintained against a person.

Retrospective

effect

(5) Subsection

(4) applies regardless of whether the cause of action on which the proceeding

is purportedly based arose before, on or after the day this Act comes into

force.

Proceedings

dismissed

(6) Any

proceeding referred to in subsection (4) that is commenced before the day this

Act comes into force is deemed to have been dismissed, without costs, on the

day this Act comes into force.

compensation payable

(7) No

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

extinguishment or termination of rights under this Act.

Vicarious liability

(8) This

section applies with necessary

modifications with respect to a person who is vicariously liable for the acts

or omissions of another person, where subsection (1) would negate the liability

of the other person in relation to any such act or omission.

Non-application,

required closure

Section

2 does not apply with respect to acts or omissions of a person that,

(

a) occurred

while a law required the person’s operations to close, in whole or in part; and

(

b) relate

to an aspect of the person’s operations that was required to close under the

law.

Non-application,

employment and performance of work

(1) In

this section,

“occupational

disease”, “Schedule 1 employer”, “Schedule 2 employer”, “survivor” and “worker”

have the same meaning as in the Workplace Safety and

Insurance Act, 1997 .

Causes

of action, proceedings unaffected

(2) Section

2 does not apply with respect to any of the following:

1. A

cause of action of a worker who is or was employed by a

Schedule 1 employer or

Schedule 2 employer, or of the worker’s survivor, in respect of a personal injury

by accident arising out of and in the course of the worker’s employment or an occupational

disease.

2. A

cause of action of a worker who is or was employed by a

Schedule 1 employer or

Schedule 2 employer, or of the worker’s survivor, to which the Workplace Safety

and Insurance Board or

Schedule 2 employer, as the case may be, is subrogated

under

section 30 of the Workplace Safety and Insurance

Act, 1997 .

3. A

cause of action of an individual in respect of an actual or potential exposure

to or infection with coronavirus (COVID-19) that occurred in the course, or as

a result, of employment with a person or in the performance of work for or

supply of services to a person.

4. A

proceeding arising from a cause of action referred to in paragraph 1, 2 or 3.

effect on jurisdiction

(3) N othing in this Act affects the exclusive jurisdiction of

the Workplace Safety and Insurance Appeals Tribunal to determine a matter

described in subsection 31 (1) of the Workplace Safety and

Insurance Act, 1997 .

Conflict

(4) In

the event of a conflict between this Act and the Workplace

Safety and Insurance Act, 1997 , the Workplace

Safety and Insurance Act, 1997 prevails to the extent of the conflict.

Crown

bound

This Act

binds the Crown.

Commencement

The Act set out in this

Schedule comes into force on the day the Supporting Ontario’s Recovery and Municipal Elections Act, 2020

receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Supporting Ontario’s Recovery Act, 2020 .

Schedule 2

Municipal Elections Act, 1996

(1) The definition of “prescribed” in subsection 1 (1) of the Municipal Elections Act, 1996 is amended by striking out

“or, for references in

section 41.1, prescribed by the Lieutenant Governor in

Council”.

(2) The

definition of “ranked ballot election” in subsection 1 (1) of the Act is

repealed.

Subparagraph 1 iii of

section 3 of the Act is amended by striking out “that has

not passed a by-law authorizing the use of a ranked ballot election” at the

end.

Paragraph 3 of subsection 7 (3) of the Act is repealed.

Section 31 of the Act is amended by striking out “fourth Friday in July” and

substituting “ second Friday in September third Friday in August ”.

Sections 41.1 and 41.2 of the Act are repealed.

(1) Clause (

a) of subsection 42 (2) of the Act is amended by

striking out “in the year before the year of the election” and substituting “in

the year of the election”.

(2) Subparagraph

1 i of subsection 42 (4) of the Act is amended by striking out “before December

31 in the year before the year of the election” and substituting “before June 1

in the year of the election”.

Subsection 51 (3) of the Act is repealed.

Subsection 60 (4) of the Act is repealed.

Paragraph 5 of subsection 83 (7) of the Act is repealed.

Clause (

a) of subsection 95 (1) of the Act is amended by striking out

“regulations, except in sections 41.1 and 41.2” and substituting “regulations”.

Revocation

Ontario Regulation 310/16 (Ranked Ballot Elections) made under the Act is

revoked.

Commencement

This

Schedule comes into force on the day the Supporting Ontario’s Recovery and Municipal Elections Act, 2020

receives Royal Assent.

Bill 218 Original (PDF)

EXPLANATORY

NOTE

Schedule

supporting Ontario’s Recovery ACT, 2020

The

Supporting Ontario’s Recovery Act, 2020 is enacted.

Section 2 of the Act provides that no cause of action arises against any person

as a direct or indirect result of an individual being or potentially being

infected with or exposed to coronavirus (COVID-19) on or after March 17, 2020

as a direct or indirect result of

an act or omission of the person if,

(

a) at

the relevant time, the person acted or made a good faith effort to act in

accordance with,

(

i) public

health guidance relating to coronavirus (COVID-19) that applied to the person,

and

(ii) any

federal, provincial or municipal law relating to coronavirus (COVID-19) that

applied to the person; and

(

b) the

act or omission of the person does not constitute gross negligence.

Proceedings

directly or indirectly based on or related to any such matter may not be

brought, and any that exist when the Act comes into force are deemed to have

been dismissed without costs. The terms “good faith effort”, “law”, “public

health guidance”, and “person” are defined and clarified in

section 1 of the

Act.

The

Act also sets out an exception to

section 2 relating to the closure of a

person’s operations under a law, as well as exceptions relating to employment

and the performance of work.

Schedule

Municipal Elections Act, 1996

Currently,

the Municipal Elections Act, 1996 provides a

framework for conducting ranked ballot elections for offices

on a

municipal council. Amendments are made to remove that framework. Ontario

Regulation 310/16 (Ranked Ballot Elections) made under the Act is revoked.

Bill 218 2020

Act to enact the Supporting Ontario’s Recovery Act, 2020 respecting certain

proceedings relating to the coronavirus (COVID-19), to amend the Municipal

Elections Act, 1996 and to revoke a regulation

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Supporting

Ontario’s Recovery Act, 2020

Schedule 2

Municipal

Elections Act, 1996

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and

(3), this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

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

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

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Supporting

Ontario’s Recovery and Municipal Elections Act, 2020 .

Schedule 1

Supporting Ontario’s Recovery ACT, 2020

Interpretation

(1) In

this Act,

“good

faith effort” includes an honest effort, whether or not that effort is

reasonable; (“effort de bonne foi”)

“law”

means a statute or any regulation, order, by-law or other instrument made under

a statute; (“règle de droit”)

“public

health guidance” means advice, recommendations, directives, guidance or

instructions given or made in respect of public health, regardless of the form

or manner of their communication, by any of the following:

i. The

Chief Medical Officer of Health appointed under the Health

Protection and Promotion Act , an Associate Chief Medical Officer of

Health under that Act or the Office of the Chief Medical Officer of Health.

ii. A

person appointed as a medical officer of health or associate medical officer of

health of a board of health under the Health Protection

and Promotion Act , or an employee of a board of health.

iii. A

iv. A

minister or ministry of the Government of Ontario or Canada, or an officer or

employee in such a ministry.

v. An

agency of the Government of Ontario or Canada or an officer or employee in such

an agency.

vi. A

municipality or an officer or employee of a municipality.

vii. A

regulatory body having jurisdiction over a person, or an officer or employee of

such a regulatory body. (“orientations en matière de santé publique”)

Same

(2) A

reference in this Act to a person includes a reference to any individual,

corporation or other entity, and includes the Crown in right of Ontario.

effect on defence, immunity

(3) Nothing

in this Act shall be read as abrogating or limiting any defence or immunity

that exists in law or at common law.

Protection

from liability

(1) No

cause of action arises against any person as a direct or indirect result of an

individual being or potentially being infected with or exposed to coronavirus

(COVID-19) on or after March 17, 2020 as a direct or indirect result of

an act

or omission of the person if,

(

a) at

the relevant time, the person acted or made a good faith effort to act in

accordance with,

(

i) public

health guidance relating to coronavirus (COVID-19) that applied to the person,

and

(ii) any

federal, provincial or municipal law relating to coronavirus (COVID-19) that

applied to the person; and

(

b) the

act or omission of the person does not constitute gross negligence.

Same

(2) Subsection

(1) applies regardless of any conflict or inconsistency in the public health

guidance or laws applicable to the person.

Same

(3) A

difference in the degree of specificity respecting a matter does not constitute

a conflict or inconsistency for the purposes of subsection (2).

Proceedings

barred

(4) No

proceeding that is directly or indirectly based on or

related to anything referred to in subsection (1) may be brought or

maintained against a person.

Retrospective

effect

(5) Subsection

(4) applies regardless of whether the cause of action on which the proceeding

is purportedly based arose before, on or after the day this Act comes into

force.

Proceedings

dismissed

(6) Any

proceeding referred to in subsection (4) that is commenced before the day this

Act comes into force is deemed to have been dismissed, without costs, on the

day this Act comes into force.

compensation payable

(7) No

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

extinguishment or termination of rights under this Act.

Non-application,

required closure

Section

2 does not apply with respect to acts or omissions of a person that,

(

a) occurred

while a law required the person’s operations to close, in whole or in part; and

(

b) relate

to an aspect of the person’s operations that was required to close under the

law.

Non-application,

employment and performance of work

(1) In

this section,

“occupational

disease”, “Schedule 1 employer”, “Schedule 2 employer”, “survivor” and “worker”

have the same meaning as in the Workplace Safety and

Insurance Act, 1997 .

Causes

of action, proceedings unaffected

(2) Section

2 does not apply with respect to any of the following:

1. A

cause of action of a worker who is or was employed by a

Schedule 1 employer or

Schedule 2 employer, or of the worker’s survivor, in respect of a personal injury

by accident arising out of and in the course of the worker’s employment or an occupational

disease.

2. A

cause of action of a worker who is or was employed by a

Schedule 1 employer or

Schedule 2 employer, or of the worker’s survivor, to which the Workplace Safety

and Insurance Board or

Schedule 2 employer, as the case may be, is subrogated

under

section 30 of the Workplace Safety and Insurance

Act, 1997 .

3. A

cause of action of an individual in respect of an actual or potential exposure

to or infection with coronavirus (COVID-19) that occurred in the course, or as

a result, of employment with a person or in the performance of work for or

supply of services to a person.

4. A

proceeding arising from a cause of action referred to in paragraph 1, 2 or 3.

effect on jurisdiction

(3) N othing in this Act affects the exclusive jurisdiction of

the Workplace Safety and Insurance Appeals Tribunal to determine a matter

described in subsection 31 (1) of the Workplace Safety and

Insurance Act, 1997 .

Conflict

(4) In

the event of a conflict between this Act and the Workplace

Safety and Insurance Act, 1997 , the Workplace

Safety and Insurance Act, 1997 prevails to the extent of the conflict.

Crown

bound

This

Act binds the Crown.

Commencement

The Act set out in this

Schedule comes into force on the day the Supporting Ontario’s Recovery and Municipal Elections Act, 2020

receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Supporting Ontario’s Recovery Act, 2020 .

Schedule 2

Municipal Elections Act, 1996

(1) The definition of “prescribed” in subsection 1 (1) of the Municipal Elections Act, 1996 is amended by striking out

“or, for references in

section 41.1, prescribed by the Lieutenant Governor in

Council”.

(2) The

definition of “ranked ballot election” in subsection 1 (1) of the Act is

repealed.

Subparagraph 1 iii of

section 3 of the Act is amended by striking out “that has

not passed a by-law authorizing the use of a ranked ballot election” at the

end.

Paragraph 3 of subsection 7 (3) of the Act is repealed.

Section 31 of the Act is amended by striking out “fourth Friday in July” and

substituting “second Friday in September”.

Sections 41.1 and 41.2 of the Act are repealed.

(1) Clause (

a) of subsection 42 (2) of the Act is amended by

striking out “in the year before the year of the election” and substituting “in

the year of the election”.

(2) Subparagraph

1 i of subsection 42 (4) of the Act is amended by striking out “before December

31 in the year before the year of the election” and substituting “before June 1

in the year of the election”.

Subsection 51 (3) of the Act is repealed.

Subsection 60 (4) of the Act is repealed.

Paragraph 5 of subsection 83 (7) of the Act is repealed.

Clause (

a) of subsection 95 (1) of the Act is amended by striking out

“regulations, except in sections 41.1 and 41.2” and substituting “regulations”.

Revocation

Ontario Regulation 310/16 (Ranked Ballot Elections) made under the Act is

revoked.

Commencement

This

Schedule comes into force on the day the Supporting Ontario’s Recovery and Municipal Elections Act, 2020

receives Royal Assent.

Date Bill stage Event Outcome Committee

November 20, 2020

Royal Assent

Royal Assent received

November 16, 2020

Third Reading

Vote

Carried on division

November 16, 2020

Third Reading

Debated

November 16, 2020

Second Reading

Ordered for Third Reading pursuant to the Order of the House

November 16, 2020

Second Reading

Reported as amended

November 9, 2020

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

November 4, 2020

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

October 28, 2020

Second Reading

Time allocated

October 27, 2020

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

October 27, 2020

Second Reading

Vote

Carried on division

October 26, 2020

Second Reading

Debated

October 22, 2020

Second Reading

Debated

October 22, 2020

Second Reading

Debated

October 20, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

October 20, 2020

Committee

Second Reading

October 22, 2020

Principal Debaters :

Hon. Doug Downey, Mr. Peter Tabuns, Mr. Parm Gill, Mr. Gilles Bisson, Mme. Lucille Collard, Mr. David Piccini, Mr. Gurratan Singh

Questions and Comments :

Mr. Wayne Gates, Mrs. Gila Martow, M. Guy Bourgouin, Mr. Sheref Sabawy, Mr. Michael Parsa, Ms. Donna Skelly, Mr. Percy Hatfield, Ms. Bhutila Karpoche, Mrs. Robin Martin, Mr. Stan Cho, Ms. Rima Berns-McGown, Hon. Bill Walker, Mr. Norman Miller, Ms. Teresa J. Armstrong, Mr. Dave Smith, Ms. Judith Monteith-Farrell, Ms. Jill Andrew

October 22, 2020 (Continued)

October 22, 2020 (Continued)

October 26, 2020

Principal Debaters :

Ms. Mitzie Hunter, Mr. Dave Smith, Mr. Percy Hatfield, Mr. Mike Schreiner, Ms. Donna Skelly, Ms. Peggy Sattler, Ms. Goldie Ghamari, Mr. Wayne Gates, Mr. Guy Bourgouin, Ms. Andrea Khanjin, Mr. Jamie West, Mr. Mike Harris

Questions and Comments :

Mr. Peter Tabuns, Mr. John Fraser, Mme France Gélinas, Ms. Catherine Fife, Mr. Rudy Cuzzetto, Mr. Gilles Bisson, Ms. Amy Fee, Ms. Laura Mae Lindo, Mr. Michael Mantha, Mr. Michael Parsa, Mr. Stephen Crawford, Mr. Lorne Coe, Ms. Sandy Shaw, Mr. Vincent Ke, Mr. Logan Kanapathi, Mr. Kevin Yarde, Ms. Judith Monteith-Farrell, Miss Monique Taylor

Vote deferred.

October 27, 2020

Carried on division. Referred to the Standing Committee on Justice Policy.

Time Allocation

October 27, 2020

Ms. Andrea Khanjin, Mr. Gilles Bisson, Mr. Mike Schreiner, Ms. Catherine Fife, Mr. Randy Hillier, Ms. Rima Berns-McGown, Mr. Stephen Blais, Mr. Jamie West, Ms. Teresa J. Armstrong

Vote deferred.

Time Allocation

October 28, 2020

Carried on division.

Committee

Standing Committee on Justice Policy

November 4, 2020

November 9, 2020

November 16, 2020

Reported to the House as amended. Ordered for third reading pursuant to the order of the House.

Third Reading

November 16, 2020

Principal Debaters :

Hon. Doug Downey, Ms. Teresa J. Armstrong, Mme Lucille Collard, Hon. Steve Clark, Ms. Peggy Sattler, Mr. Mike Schreiner, Ms. Bhutila Karpoche, Ms. Catherine Fife, Mr. John Fraser, Ms. Jennifer K. French, Mr. Joel Harden, Mr. Wayne Gates, Mr. Percy Hatfield, Ms. Marit Stiles, Miss Monique Taylor, Ms. Mitzie Hunter, Mme France Gélinas

Carried on recorded division.

Royal Assent

Friday, November 20, 2020

Acts affected - Bill 218

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

Municipal Elections Act, 1996

Legislative Assembly of Ontario

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Document details

CollectionOntario — Bills
CitationBill 218, 42-1
Typebill
Volume / chapterp42 s1 bill-218 html
Languageen
Formathtml
SourcePROVINCIAL
Identifier3b167dfbd722d722d970480f371c44bb6f170738

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