Ontario Bill 36 (43rd Parliament, 1st Session)
Bill 36, 43-1
Ontario — Bills
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Bill 36, Progress on the Plan to Build Act (Budget Measures), 2022
Bethlenfalvy, Hon. Peter Minister of Finance
Royal Assent received. Statutes of Ontario 2022,
chapter 23
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EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 36 and does not form part of the law.
Bill 36 has been enacted as
Chapter 23 of the Statutes of Ontario, 2022.
SCHEDULE 1
ELECTRICITY ACT, 1998
The
Schedule adds a new
Part II.1 to the Electricity Act, 1998 ,
respecting the transfer of clean energy credits, as defined in the Part. The
Part establishes a framework for the recognition of environmental attributes,
as defined in the Part, as clean energy credits on a clean energy credit
registry that is established or designated by the Independent Electricity
System Operator (IESO). Clean energy credits can only be transferred to
specified electricity consumers if the credits are recognized on the clean
energy credit registry and other specified transfer requirements are met. The
Part also sets out requirements and restrictions respecting the retirement of clean
energy credits on the clean energy credit registry.
The
Part requires the IESO, Ontario Power Generation Inc. and other persons or
entities that the regulations made by the Minister under the Part may specify
to make certain environmental attributes available for transfer. It also
creates authority for regulations that may restrict persons or entities from
making environmental attributes available for transfer.
Any
person or entity that makes environmental attributes available for transfer
(transferors), and any consumer who intends to purchase or acquire a clean
energy credit (transferees), must register with the clean energy credit
registry.
addition to requiring the IESO to establish or designate a clean energy credit
registry for the purposes of the Part, the IESO is authorized to create
registry rules in relation to the use of the registry. The IESO is also subject
to related annual reporting requirements.
The
IESO and Ontario Power Generation Inc. are required to apply their proceeds
from the transfer of their clean energy credits as directed by the regulations
made by the Minister of Energy under the Part.
Complementary
amendments are made to other provisions of the Act, and to the Ontario Energy Board Act, 1998 .
SCHEDULE 2
FUEL TAX ACT
Subsection
2 (1.1) of the Fuel Tax Act currently provides for
a reduction of the tax payable by purchasers of clear fuel if the tax is
payable during the period beginning on July 1, 2022 and ending on December 31,
2022. The subsection is amended to provide that the period ends on December 31,
SCHEDULE 3
GASOLINE TAX ACT
Subsection
2 (1.1) of the Gasoline Tax Act currently provides
for a reduction of the tax payable by purchasers of gasoline if the tax is
payable during the period beginning on July 1, 2022 and ending on December 31,
2022. The subsection is amended to provide that the period ends on December 31,
SCHEDULE 4
INTERIM APPROPRIATION FOR 2023-2024 ACT, 2022
The
Schedule enacts the Interim Appropriation for 2023-2024
Act, 2022 , which authorizes expenditures pending the voting of supply
for the fiscal year ending on March 31, 2024 up to specified maximum amounts.
All expenditures made or recognized under the Act must be charged to the proper
appropriation following the voting of supply for the fiscal year ending on March
31, 2024.
SCHEDULE 5
LEGISLATIVE ASSEMBLY ACT
The Legislative Assembly
Act is amended to repeal subsection 61 (1.3). The subsection would end
the salary freeze for members of the Legislative Assembly in the second fiscal
year after the Province’s total revenues exceed or equal its total expenses.
consequential amendment is made to
section 3 of the Executive
Council Act to provide that, for the purposes of that section, the
salaries of members of the Assembly are to be calculated in accordance with the
rules set out in
section 61 of the Legislative Assembly
Act .
SCHEDULE 6
ONTARIO GUARANTEED ANNUAL INCOME ACT
The
Ontario Guaranteed Annual Income Act is amended to
provide that for the period beginning on January 1, 2023 and ending on December
31, 2023, the amount payable to an eligible recipient under the Act is double
what the Act otherwise provides for.
SCHEDULE 7
PENSION BENEFITS ACT
Section
10 of the Pension Benefits Act governs the contents
of a pension plan.
The
Schedule amends
section 10 to set out the circumstances in which a collective
agreement is included as a document that creates and supports a pension plan.
The
Schedule also amends
section 10 to require that the documents that create and
support a pension plan must set out the pension plan’s funding policy and its
governance policy. Initially this requirement applies with respect to pension
plans that provide any target benefits (see subsection 1 (2) of the Schedule).
The
Schedule provides for this requirement to be amended so that it applies with
respect to all pension plans (see subsection 1 (3) of the Schedule). These
requirements each come into force on a day to be named by proclamation, and
transitional matters are provided for in each case.
not-yet-in-force amendment to
section 10 is repealed.
SCHEDULE 8
SECURITIES ACT
Section
143 of the Securities Act is amended with respect
to the rules made by the Ontario Securities Commission. Under the new
provisions, the rules may authorize or require that a document that is to be
delivered, forwarded, distributed or sent to a person or company under specified
provisions of the Act be made available to the person or company in another way
instead. If a document is made available in such a manner, it is deemed to have
been received on the day and at the time, if any, determined under the rules.
SCHEDULE 9
SUPPLEMENTARY INTERIM APPROPRIATION FOR 2022-2023 ACT, 2022
The
Schedule enacts the Supplementary Interim Appropriation
for 2022-2023 Act, 2022 , which authorizes expenditures pending the
voting of supply for the fiscal year ending on March 31, 2023 up to specified
maximum amounts. The expenditures authorized are in addition to those
authorized under the Interim Appropriation for 2022-2023
Act, 2021 . All expenditures made or recognized under the Interim Appropriation for 2022-2023 Act, 2021 and this
Act must be charged to the proper appropriation following the voting of supply
for the fiscal year ending on March 31, 2023.
SCHEDULE 10
TAXATION ACT, 2007
The
Schedule amends
section 92 of the Taxation Act, 2007 ,
which currently provides for the Ontario production services tax credit. In
particular, subsection 92 (5.7) of the Act sets out conditions that an
expenditure must meet for the expenditure to be considered an eligible tangible
property expenditure in respect of a qualifying corporation’s tax year.
Section
92 is amended to provide for different conditions that apply to expenditures
for the lease of real property in specific circumstances. These conditions
apply to such expenditures incurred after November 14, 2022 . In
addition, amendments are made to limit the total amount of such expenditures
that can be used to determine the qualifying corporation’s eligible tangible
property expenditure for a taxation year.
Bill 36 2022
Act to implement Budget measures and to enact and amend various statutes
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Electricity
Act, 1998
Schedule 2
Fuel
Tax Act
Schedule 3
Gasoline
Tax Act
Schedule 4
Interim
Appropriation for 2023-2024 Act, 2022
Schedule 5
Legislative
Assembly Act
Schedule 6
Ontario
Guaranteed Annual Income Act
Schedule 7
Pension
Benefits Act
Schedule 8
Securities
Act
Schedule 9
Supplementary
Interim Appropriation for 2022-2023 Act, 2022
Schedule 10
Taxation
Act, 2007
His
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) Except as otherwise provided
in this section, 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 Progress on the Plan to Build Act (Budget Measures), 2022 .
SCHEDULE 1
ELECTRICITY ACT, 1998
The definition of “Minister” in subsection 2 (1) of the Electricity
Act, 1998 is amended by striking out “Energy, Northern Development and
Mines” and substituting “Energy”.
Subsection 9 (4) of the Act is amended by adding the following paragraph:
3. Registry
rules made under
Part II.1.
The Act is amended by adding the following Part:
PART II.1
CLEAN ENERGY CREDITS
Interpretation
25.11 In this Part,
“clean
energy credit” means environmental attributes associated with the generation of
one megawatt-hour of electricity that are recognized in the clean energy credit
registry as a clean energy credit, following the submission of information to
the registry in accordance with
section 25.15; (“crédit pour l’énergie propre”)
“clean
energy credit registry” means the registry established or designated, as the
case may be, under
section 25.22; (“registre des
crédits pour l’énergie propre”)
“environmental
attributes” means attributes or characteristics relating to the environmental benefits
associated with electricity generated in Ontario from an energy source specified
by the regulations, that,
(
a) unless
otherwise specified by the regulations, are subject to transfer on their own
without the electricity to which they are associated, and
(
b) meet
any requirements specified by the regulations; (“attributs environnementaux”)
“registry
rules” means the rules made under
section 25.23; (“règles du registre”)
“regulations”
means the regulations made under this Part, despite the definition of
“regulations” in subsection 2 (1); (“règlements”)
“transfer”
includes a transfer of ownership, with or without consideration; (“transfert”)
“transferee”
means a person or entity who intends to purchase or acquire a clean energy
credit; (“destinataire du transfert”)
“transferor”
means a person or entity that makes environmental attributes available for
transfer. (“auteur du transfert”)
Requirement
to make environmental attributes available for transfer
25.12 The following persons
and entities shall make such environmental attributes as are specified by the
regulations available for transfer in the time and manner specified by the regulations:
1. The
IESO.
2. Ontario
Power Generation Inc.
3. Any
generator or other person or entity specified by the regulations.
Restrictions
on making environmental attributes available for transfer
25.13 If the regulations so
provide, a generator or other person or entity specified by the regulations
shall not make environmental attributes available for transfer except as
provided for by the regulations.
Registration
Transferors
25.14
(1) A
transferor shall register with the clean energy credit registry in accordance
with the registry rules.
Transferees
(2) A
transferee shall register with the clean energy credit registry in accordance
with the registry rules.
Information
re environmental attributes to be submitted to registry
25.15
(1) A
transferor that intends to transfer environmental attributes shall submit to
the clean energy credit registry such information respecting the environmental
attributes as is specified by the registry rules.
Same
(2) The
information referred to in subsection (1) shall be submitted in the time and
manner specified by the registry rules.
Restriction
(3) Information
respecting any given environmental attributes may only be submitted to the
clean energy credit registry once.
Same
(4) Subsection
(3) does not prevent the submission of information respecting environmental
attributes in order to correct an error, add missing information, address a
technical issue connected to the clean energy credit registry or otherwise
ensure the correctness of the information submitted to the registry in respect
of the environmental attributes.
Restrictions
on transfer
25.16
(1) A
transferor shall not transfer environmental attributes unless,
(
a) the
environmental attributes are recognized in the clean energy credit registry as
a clean energy credit, following the submission of information to the registry
in accordance with
section 25.15; and
(
b) the
following conditions are met:
(
i) the
environmental attributes associated with the clean energy credit were generated
within the period specified by the regulations,
(ii) the
clean energy credit is to be transferred to a transferee who has an account
with the IESO or a distributor with respect to the transferee’s consumption of
electricity, and who meets any other requirements specified by the regulations,
(iii) the
clean energy credit is to be credited against electricity that was consumed by
the transferee in Ontario within the period specified by the regulations,
(iv) the
clean energy credit has not been previously transferred or retired, and
(
v) any
other conditions provided for by the regulations.
Same
(2) The
transfer shall be completed within the time and in the manner specified by the registry
rules.
Retirement
of clean energy credits
Transferee
25.17
(1) The
transferee to whom a clean energy credit is transferred in accordance with
section 25.16, or a person or entity acting on the transferee’s behalf, shall
indicate on the clean energy credit registry, in the time and manner specified
by the registry rules, that the credit has been retired.
Transferor
(2) If
a transferor’s clean energy credit is not transferred within the time described
in subsection 25.16 (2) or otherwise in accordance with
section 25.16, the
transferor may indicate on the clean energy credit registry, in the time and
manner specified by the registry rules, that the credit has been retired.
Unauthorized
retirement
(3) No
person or entity shall indicate on the clean energy credit registry that a
clean energy credit has been retired, except in accordance with subsection (1) or
(2).
Provision
of information
25.18 Transferors, transferees
and any other persons or entities specified in the regulations shall provide to
the IESO or the Minister such information as the IESO or Minister specifies for
the purposes of this Part, in the time and manner specified by the IESO or
Minister.
Proceeds
of transfer
IESO
25.19
(1) The IESO
shall apply its proceeds from the transfer of its clean energy credits in the
time and manner specified by the regulations.
Ontario Power Generation Inc.
(2) Ontario
Power Generation Inc. shall apply its proceeds from the transfer of its clean
energy credits in the time and manner specified by the regulations.
Application
to partial credits
25.20 This Part applies with
necessary modifications with respect to the transfer and retirement of a
partial clean energy credit.
Transition
25.21
(1) This
Part applies with respect to the transfer of environmental attributes generated
on or after the day
section 3 of
Schedule 1 to the Progress
on the Plan to Build Act (Budget Measures), 2022 comes into force, even
if the transfer is the subject of a contract that was entered into before that
day.
Same
(2) If
the regulations so provide, this Part applies with respect to the transfer of
environmental attributes generated before the day
section 3 of
Schedule 1 to
the Progress on the Plan to Build Act (Budget Measures),
2022 came into force, to the extent and with any changes specified by
the regulations.
Registry
25.22
(1) The IESO
shall, in accordance with the regulations if any, establish and maintain or
designate a registry for the purposes of this Part that meets any requirements
specified by the regulations and that is capable of,
(
a) accepting
and displaying the registration of transferors and transferees;
(
b) accepting
and displaying information respecting environmental attributes, and recognizing
environmental attributes as clean energy credits;
(
c) accepting
and displaying information respecting the transfer of clean energy credits,
including information respecting the credits that are available for transfer;
(
d) accepting
and displaying information respecting the retirement of clean energy credits;
and
(
e) any
other function specified by the regulations.
Direction
re registry
(2) If
the regulations direct the IESO to do so, the IESO shall, in accordance with
any timing or other requirements specified by the regulations, establish and maintain
or designate, as specified by the regulations, a registry that meets the
requirements of subsection (1) that is to be used for the purposes of this
Part
instead of the registry established or designated under that subsection.
Same
(3) Subsection
(2) applies, with necessary modifications, with respect to a registry
established or designated in accordance with regulations made for the purposes
of that subsection.
Registry
rules
25.23
(1) The IESO
may, subject to any regulations made under clause 25.25 (1) (b), make rules,
(
a) governing
the operation of any clean energy credit registry established by the IESO;
(
b) governing
the participation of transferors and transferees in the clean energy credit
registry for the purposes of this Part, including requiring the submission of
specified information to the registry and specifying the time and manner of
meeting the requirements;
(
c) requiring
the payment of fees connected to the use of the clean energy credit registry,
specifying their amounts, and specifying the time and manner of making the
payments;
(
d) governing
any other matter required or permitted in this Part or the regulations made
under subsection 25.25 (1) to be provided for by the registry rules; and
(
e) respecting
any matter that the IESO considers necessary or advisable in connection with
the clean energy credit registry.
Subdelegation
(2) A
registry rule may authorize a person or entity to require, authorize or
otherwise determine any matter that may be required, authorized or otherwise
determined by the IESO under subsection (1).
Incorporation
by reference
(3) A
registry rule may incorporate by reference another document, in whole or in
part and with such changes as the IESO considers necessary, and may provide
that the reference to the document include amendments made to the document from
time to time.
General
or particular
(4) A
registry rule may be general or particular in its application.
Publication
and inspection of registry rules
(5) The
IESO shall make the registry rules available for public inspection on its
website.
Reporting
requirements
25.24
(1) The IESO
shall, within the time specified by the regulations after the end of every
calendar year, submit to the Minister a report that contains the following
information respecting that year:
1. The
total volume of electricity generated in the year by all generators directly
connected to the IESO-controlled grid or a distributor’s distribution system, broken
down by energy source.
2. The
total number of clean energy credits transferred in the year in accordance with
section 25.16, broken down by energy source.
3. Any
other information specified by the regulations.
Publication
(2) The
IESO shall publish on its public website every report submitted to the Minister
under subsection (1).
Duty
to provide information
(3) The
IESO may require a distributor, transferor, transferee or any other person or
entity specified by the regulations to give to the IESO, in the time and manner
specified by the IESO, such information in relation to this Part as the IESO
may specify for the purposes of preparing a report under this section.
Regulations
Minister
25.25
(1) The
Minister may make regulations,
(
a) governing
any matter required or permitted in this Part to be
provided for by the regulations, other than in subsection (7);
(
b) governing
the making of the registry rules, including specifying timing, criteria or
methodology that must be included in or applied under the registry rules or
specifying any other matters that must be included in the registry rules;
(
c) exempting
any person or entity from subclause 25.16 (1) (b) (i), (iv) or (v), subject to
such conditions or restrictions as may be specified by the regulations;
(
d) specifying
or providing for methods for determining amounts that constitute all or any
part of IESO’s proceeds from the transfer of its clean energy credits for the
purposes of clauses 25.33 (1) (
c) and (2) (c);
(
e) defining,
for the purposes of this Part, any word or expression used in this Part that is
not defined in this Act or by regulations made under clause 114 (1) (n);
(
f) respecting
any other matter that the Minister considers necessary or advisable in
connection with this Part.
Same
(2) In
specifying environmental attributes for the purposes of
section 25.12, the
regulations may specify the number and type of environmental attributes, set
out a manner for determining the number or type, specify maximums or minimums
or impose ranges.
Same
(3) Regulations
made for the purposes of subsection 25.19 (1),
(
a) may
require the IESO to transfer proceed amounts specified by or determined in
accordance with the regulations to the Crown or any other person or entity; and
(
b) shall
not include any amounts specified or provided for under clause (1) (d).
Same
(4) Regulations
made for the purposes of subsection 25.22 (2) may, for greater certainty, name
a specific registry that meets the requirements of subsection 25.22 (1) that
must be designated, and may provide for any transitional matters that arise as
a result of the transition from the use of one registry to another.
Same
(5) A
regulation under subsection (1) may authorize a person or entity to require,
authorize or otherwise determine any matter that may be required, authorized or
otherwise determined by the Minister under that subsection.
Rolling
incorporation by reference
(6) A
regulation under subsection (1) that incorporates another document by reference
may provide that the reference to the document include amendments made to the
document from time to time.
Lieutenant
Governor in Council, exemptions
(7) The
Lieutenant Governor in Council may make regulations exempting any person or
entity from any provision of this Part, other than a provision that may be the
subject of a regulation made under clause (1) (c), subject to such conditions
or restrictions as may be specified by the regulations.
General
or particular
(8) A
regulation made under this
section may be general or particular in its
application.
(1) Subsection 25.33 (1) of the Act is amended by striking out “and”
at the end of clause (a), by adding “and” at the end of clause (b), and by
adding the following clause:
(
c) the
IESO clean energy credit proceed amounts determined by the regulations made by
the Minister under clause 25.25 (1) (d).
(2) Subsection
25.33 (2) of the Act is amended by striking out “and” at the end of clause (a),
by adding “and” at the end of clause (b), and by adding the following clause:
(
c) the
IESO clean energy credit proceed amounts determined by the regulations made by
the Minister under clause 25.25 (1) (d).
Ontario
Energy Board Act, 1998
Ontario Energy Board Act, 1998
Section 78.1 of the Ontario Energy Board Act, 1998 is
amended by adding the following subsection:
Same
(3.2) A
payment to Ontario Power Generation Inc. under this
section shall not include any
amounts that may be specified by the regulations relating to its activities
under
Part II.1 of the Electricity Act, 1998 .
Subsection 88 (1) of the Act is amended by adding the following clause:
(i.4) for
the purposes of subsection 78.1 (3.2), specifying amounts relating to Ontario
Power Generation Inc.’s activities under
Part II.1 of the Electricity
Act, 1998 that shall not be included in a payment to it under
section
78.1, including providing for methods for determining the amounts;
Commencement
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 2
FUEL TAX ACT
Clause 2 (1.1) (
a) of the Fuel Tax Act is amended
by striking out “December 31, 2022” and substituting “December 31, 2023”.
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent.
SCHEDULE 3
GASOLINE TAX ACT
Clause 2 (1.1) (
a) of the Gasoline Tax Act is
amended by striking out “December 31, 2022” and substituting “December 31,
2023”.
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent.
SCHEDULE 4
INTERIM APPROPRIATION FOR 2023-2024 ACT, 2022
Interpretation
Expressions
used in this Act have the same meaning as in the Financial
Administration Act unless the context requires otherwise.
Expenses
of the public service
Pending
the voting of supply for the fiscal year ending on March 31, 2024, amounts not
exceeding a total of $174,400,946,200 may be paid out of the Consolidated
Revenue Fund or recognized as non-cash expenses to be applied to the expenses
of the public service that are not otherwise provided for.
Investments
of the public service
Pending
the voting of supply for the fiscal year ending on March 31, 2024, amounts not
exceeding a total of $5,026,116,100 may be paid out of the Consolidated Revenue
Fund or recognized as non-cash investments to be applied to the investments of
the public service in capital assets, loans and other investments that are not
otherwise provided for.
Expenses
of the Legislative Offices
Pending
the voting of supply f or
the fiscal year ending on March 31, 2024, amounts not exceeding a total of $298,190,600
may be paid out of the Consolidated Revenue Fund to be applied to the expenses
of the Legislative Offices that are not otherwise provided for.
Charge
to proper appropriation
All
expenditures made or recognized under this Act must be charged to the proper
appropriation following the voting of supply for the fiscal year ending on
March 31, 2024.
Commencement
The Act set out in this
Schedule comes into force on April 1, 2023.
Short
title
The
short title of the Act set out in this
Schedule is the Interim Appropriation for 2023-2024 Act, 2022 .
SCHEDULE 5
LEGISLATIVE ASSEMBLY ACT
(1) Subsection 61 (1.2) of the Legislative
Assembly Act is amended by striking out “but subject to subsection
(1.3)”.
(2) Subsection
61 (1.3) of the Act is repealed.
Executive
Council Act
Subsections 3 (4.1) and (4.2) of the Executive Council Act
are repealed and the following substituted:
Interpretation
(4.1) For
the purposes of this section, the annual salary of a member of the Assembly is
the amount determined in accordance with
section 61 of the Legislative Assembly Act .
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent.
SCHEDULE 6
ONTARIO GUARANTEED ANNUAL INCOME ACT
Section 5.1 of the Ontario Guaranteed Annual Income Act
is repealed and the following substituted:
Payment,
January 1, 2023 to December 31, 2023
5.1 The amount of an
increment payment to an eligible person for the period beginning on January 1,
2023 and ending on December 31, 2023 is the amount payable under
section 2
multiplied by 2.
Commencement
This
Schedule comes into force on the day the Progress on the Plan to Build Act (Budget Measures), 2022
receives Royal Assent.
SCHEDULE 7
PENSION BENEFITS ACT
(1) Section 10 of the Pension Benefits Act
is amended by adding the following subsection:
Collective
agreements
(1.0.1) For
greater certainty, the documents that create and support a pension plan include
a collective agreement if,
(
a) the
plan is established pursuant to the collective agreement;
(
b) the
collective agreement incorporates the plan by reference in whole or in part; or
(
c) the
terms of the plan are set out in whole or in
part in the collective agreement.
(2) Section
10 of the Act is amended by adding the following subsections:
Plans
that provide target benefits — funding and governance policies
(5) The
documents that create and support a pension plan that provides any target
benefits shall set out the pension plan’s funding policy and its governance
policy.
Conversions
of existing pension plans
(6) If
some or all of the benefits provided by a multi-employer pension plan that was
registered before the day subsection 1 (2) of
Schedule 7 to the Progress on the Plan to Build Act (Budget Measures), 2022 comes
into force are converted to target benefits, the administrator of the pension
plan shall, within the prescribed time, file with the Chief Executive Officer
the pension plan’s funding policy and its governance policy.
Other
conversions
(7) If
some or all of the benefits provided by a multi-employer pension plan that is
registered on or after the day subsection 1 (2) of
Schedule 7 to the Progress on the Plan to Build Act (Budget Measures), 2022 comes
into force are converted to target benefits, the administrator of the pension
plan shall, within the prescribed time, file with the Chief Executive Officer
the pension plan’s funding policy and its governance policy.
Requirements
(8) A
pension plan’s funding policy and its governance policy must satisfy such
requirements and contain such information as may be prescribed, and must be
reviewed in accordance with the regulations.
(3) Subsections
10 (5) to (7) of the Act, as enacted by subsection (2), are repealed and the
following substituted:
Funding
and governance policies
(5) The
documents that create and support a pension plan shall set out the pension
plan’s funding policy and its governance policy.
Same,
existing pension plans
(6) The
administrator of a pension plan that applied for registration before the day
subsection 1 (3) of
Schedule 7 to the Progress on the Plan
to Build Act (Budget Measures), 2022 comes into force shall, within the
prescribed time, file with the Chief Executive Officer the pension plan’s
funding policy and its governance policy.
Stronger,
Fairer Ontario Act (Budget Measures), 2017
Subsection 2 (4) of
Schedule 33 to the Stronger, Fairer
Ontario Act (Budget Measures), 2017 is repealed.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Progress on the Plan to
Build Act (Budget Measures), 2022 receives Royal Assent.
(2) Section
1 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
SCHEDULE 8
SECURITIES ACT
(1) Paragraph 49 of subsection 143 (1) of the Securities
Act is amended by striking out “filing or delivery” and substituting
“filing, delivery, distribution or making available”.
(2) Section
143 of the Act is amended by adding the following subsections:
Variation
of Act — delivery, etc., of prospectus, financial statement
(1.2) The
rules may authorize or require that a document that is to be delivered,
forwarded, distributed or sent to a person or company under
Part XV or XVI or
under
section 79 be made available to the person or company in another way
instead.
Same,
deemed receipt
(1.3) A
document that is made available in accordance with subsection (1.2) is deemed
to have been received on the day and at the time, if any, determined under the
rules.
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent.
SCHEDULE 9
SUPPLEMENTARY INTERIM APPROPRIATION FOR 2022-2023 ACT, 2022
Interpretation
Expressions
used in this Act have the same meaning as in the Financial
Administration Act unless the context requires otherwise.
Additional
amounts to be paid or recognized
All
amounts authorized under sections 3 and 4 to be paid out of the Consolidated
Revenue Fund or recognized as non-cash expenses or non-cash investments are in
addition to the amounts authorized to be paid out of the Consolidated Revenue
Fund or recognized as non-cash expenses or non-cash investments under sections
2 and 4 of the Interim Appropriation for 2022-2023 Act,
2021 .
Expenses
of the public service
Pending
the voting
of supply for the fiscal year ending on March 31, 2023, amounts not exceeding a
total of $10,947,774,700 may be paid out of the Consolidated Revenue Fund or
recognized as non-cash expenses to be applied to the expenses of the public
service that are not otherwise provided for.
Expenses
of the Legislative Offices
Pending
the voting of supply for the fiscal year ending on March 31, 2023, amounts not
exceeding a total of $13,833,800 may be paid out of the Consolidated Revenue
Fund to be applied to the expenses of the Legislative Offices that are not
otherwise provided for.
Charge
to proper appropriation
All expenditures
made or recognized under this Act must be charged to the proper appropriation
following the voting of supply for the fiscal year ending on March 31, 2023.
Commencement
The Act set out in this
Schedule is deemed to have come into force on April 1,
Short
title
The
short title of the Act set out in this
Schedule is the Supplementary Interim Appropriation for 2022-2023 Act, 2022 .
SCHEDULE 10
TAXATION ACT, 2007
(1) Paragraph 2 of subsection 92 (5.6) of the Act is amended by
adding “subject to subsection (5.7.1)” at the end.
(2) Subsection
92 (5.7) of the Act is amended by striking out “all of” in the portion before
paragraph 1.
(3) Paragraph
6 of subsection 92 (5.7) of the Act is repealed and the following substituted:
6. In
the case of an expenditure incurred on or before November 14, 2022 in respect
of any kind of tangible property or an expenditure incurred after November 14,
in respect of tangible property other than the type of leased real property
described in paragraph 6.1 , the expenditure is paid to a person or partnership,
i. that
is ordinarily engaged in the business of selling or leasing tangible property
of the type of tangible property acquired or leased by the qualifying
corporation,
ii. that
carries on business through a permanent establishment in Ontario,
iii. that
is a taxable Canadian corporation or an Ontario-based individual at the time
the amount is paid or a partnership comprised entirely of members that are
taxable Canadian corporations or Ontario-based individuals at the time the
amount is paid,
iv. in
the case of an individual, who is not an employee of the qualifying
corporation, and
v. in
the case of a partnership, whose members are not employees of the qualifying
corporation.
6.1 In
the case of an expenditure incurred after November 14, 2022 in respect of real
property leased by the qualifying corporation from a person or partnership not
ordinarily engaged in the business of leasing the type of real property in
question, the expenditure is paid to a person or partnership,
i. that
deals at arm’s length with the qualifying corporation,
ii. in
the case of an individual, who is not an employee of the qualifying
corporation, and
iii. in
the case of a partnership, whose members are not employees of the qualifying
corporation.
(4) Section
92 of the Act is amended by adding the following subsection:
Limit
on certain expenditures
(5.7.1) The
total amount of expenditures described in paragraph 6.1 of subsection
(5.7) that may be included in a qualifying corporation’s qualifying production expenditure
under subsection (5.1) for a taxation year in respect of an eligible production
is the lesser of,
(
a) the
total amount determined in respect of those expenditures under paragraph 2 of
subsection (5.6); and
(
b) the
amount that is 5 per cent of the amount of the qualifying production
expenditure that would be determined under subsection (5.1) if that amount were
determined without reference to this subsection.
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent or,
if the Progress on the Plan to Build Act (Budget Measures),
2022 receives Royal Assent after November 14, 2022, this
Schedule is
deemed to have come into force on November 14, 2022.
Bill 36 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
ELECTRICITY ACT, 1998
The
Schedule adds a new
Part II.1 to the Electricity Act, 1998 ,
respecting the transfer of clean energy credits, as defined in the Part. The
Part establishes a framework for the recognition of environmental attributes,
as defined in the Part, as clean energy credits on a clean energy credit
registry that is established or designated by the Independent Electricity
System Operator (IESO). Clean energy credits can only be transferred to
specified electricity consumers if the credits are recognized on the clean
energy credit registry and other specified transfer requirements are met. The
Part also sets out requirements and restrictions respecting the retirement of
clean energy credits on the clean energy credit registry.
The
Part requires the IESO, Ontario Power Generation Inc. and other persons or
entities that the regulations made by the Minister under the Part may specify
to make certain environmental attributes available for transfer. It also
creates authority for regulations that may restrict persons or entities from
making environmental attributes available for transfer.
Any
person or entity that makes environmental attributes available for transfer
(transferors), and any consumer who intends to purchase or acquire a clean
energy credit (transferees), must register with the clean energy credit
registry.
addition to requiring the IESO to establish or designate a clean energy credit
registry for the purposes of the Part, the IESO is authorized to create
registry rules in relation to the use of the registry. The IESO is also subject
to related annual reporting requirements.
The
IESO and Ontario Power Generation Inc. are required to apply their proceeds
from the transfer of their clean energy credits as directed by the regulations
made by the Minister of Energy under the Part.
Complementary
amendments are made to other provisions of the Act, and to the Ontario Energy Board Act, 1998 .
SCHEDULE 2
FUEL TAX ACT
Subsection
2 (1.1) of the Fuel Tax Act currently provides for
a reduction of the tax payable by purchasers of clear fuel if the tax is
payable during the period beginning on July 1, 2022 and ending on December 31,
2022. The subsection is amended to provide that the period ends on December 31,
SCHEDULE 3
GASOLINE TAX ACT
Subsection
2 (1.1) of the Gasoline Tax Act currently provides
for a reduction of the tax payable by purchasers of gasoline if the tax is
payable during the period beginning on July 1, 2022 and ending on December 31,
2022. The subsection is amended to provide that the period ends on December 31,
SCHEDULE 4
INTERIM APPROPRIATION FOR 2023-2024 ACT, 2022
The
Schedule enacts the Interim Appropriation for 2023-2024
Act, 2022 , which authorizes expenditures pending the voting of supply
for the fiscal year ending on March 31, 2024 up to specified maximum amounts.
All expenditures made or recognized under the Act must be charged to the proper
appropriation following the voting of supply for the fiscal year ending on
March 31, 2024.
SCHEDULE 5
LEGISLATIVE ASSEMBLY ACT
The Legislative Assembly
Act is amended to repeal subsection 61 (1.3). The subsection would end
the salary freeze for members of the Legislative Assembly in the second fiscal
year after the Province’s total revenues exceed or equal its total expenses.
consequential amendment is made to
section 3 of the Executive
Council Act to provide that, for the purposes of that section, the
salaries of members of the Assembly are to be calculated in accordance with the
rules set out in
section 61 of the Legislative Assembly
Act .
SCHEDULE 6
ONTARIO GUARANTEED ANNUAL INCOME ACT
The
Ontario Guaranteed Annual Income Act is amended to
provide that for the period beginning on January 1, 2023 and ending on December
31, 2023, the amount payable to an eligible recipient under the Act is double
what the Act otherwise provides for.
SCHEDULE 7
PENSION BENEFITS ACT
Section
10 of the Pension Benefits Act governs the contents
of a pension plan.
The
Schedule amends
section 10 to set out the circumstances in which a collective
agreement is included as a document that creates and supports a pension plan.
The
Schedule also amends
section 10 to require that the documents that create and
support a pension plan must set out the pension plan’s funding policy and its
governance policy. Initially this requirement applies with respect to pension
plans that provide any target benefits (see subsection 1 (2) of the Schedule).
The
Schedule provides for this requirement to be amended so that it applies
with respect to all pension plans (see subsection 1 (3) of the Schedule). These
requirements each come into force on a day to be named by proclamation, and
transitional matters are provided for in each case.
not-yet-in-force amendment to
section 10 is repealed.
SCHEDULE 8
SECURITIES ACT
Section
143 of the Securities Act is amended with respect
to the rules made by the Ontario Securities Commission. Under the new
provisions, the rules may authorize or require that a document that is to be
delivered, forwarded, distributed or sent to a person or company under specified
provisions of the Act be made available to the person or company in another way
instead. If a document is made available in such a manner, it is deemed to have
been received on the day and at the time, if any, determined under the rules.
SCHEDULE 9
SUPPLEMENTARY INTERIM APPROPRIATION FOR 2022-2023 ACT, 2022
The
Schedule enacts the Supplementary Interim Appropriation
for 2022-2023 Act, 2022 , which authorizes expenditures pending the
voting of supply for the fiscal year ending on March 31, 2023 up to specified
maximum amounts. The expenditures authorized are in addition to those
authorized under the Interim Appropriation for 2022-2023
Act, 2021 . All expenditures made or recognized under the Interim Appropriation for 2022-2023 Act, 2021 and this
Act must be charged to the proper appropriation following the voting of supply
for the fiscal year ending on March 31, 2023.
SCHEDULE 10
TAXATION ACT, 2007
The
Schedule amends
section 92 of the Taxation Act, 2007 ,
which currently provides for the Ontario production services tax credit. In
particular, subsection 92 (5.7) of the Act sets out conditions that an
expenditure must meet for the expenditure to be considered an eligible tangible
property expenditure in respect of a qualifying corporation’s tax year.
Section
92 is amended to provide for different conditions that apply to expenditures
for the lease of real property in specific circumstances. These conditions
apply to such expenditures incurred after November 14, 2022 . In
addition, amendments are made to limit the total amount of such expenditures
that can be used to determine the qualifying corporation’s eligible tangible
property expenditure for a taxation year.
Bill 36 2022
Act to implement Budget measures and to enact and amend various statutes
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Electricity
Act, 1998
Schedule 2
Fuel
Tax Act
Schedule 3
Gasoline
Tax Act
Schedule 4
Interim
Appropriation for 2023-2024 Act, 2022
Schedule 5
Legislative
Assembly Act
Schedule 6
Ontario
Guaranteed Annual Income Act
Schedule 7
Pension
Benefits Act
Schedule 8
Securities
Act
Schedule 9
Supplementary
Interim Appropriation for 2022-2023 Act, 2022
Schedule 10
Taxation
Act, 2007
His
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) Except as otherwise provided
in this section, 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 Progress on the Plan to Build Act (Budget Measures), 2022 .
SCHEDULE 1
ELECTRICITY ACT, 1998
The definition of “Minister” in subsection 2 (1) of the Electricity
Act, 1998 is amended by striking out “Energy, Northern Development and
Mines” and substituting “Energy”.
Subsection 9 (4) of the Act is amended by adding the following paragraph:
3. Registry
rules made under
Part II.1.
The Act is amended by adding the following Part:
PART II.1
CLEAN ENERGY CREDITS
Interpretation
25.11 In this Part,
“clean
energy credit” means environmental attributes associated with the generation of
one megawatt-hour of electricity that are recognized in the clean energy credit
registry as a clean energy credit, following the submission of information to
the registry in accordance with
section 25.15; (“crédit pour l’énergie propre”)
“clean
energy credit registry” means the registry established or designated, as the
case may be, under
section 25.22; (“registre des
crédits pour l’énergie propre”)
“environmental
attributes” means attributes or characteristics relating to the environmental benefits
associated with electricity generated in Ontario from an energy source specified
by the regulations, that,
(
a) unless
otherwise specified by the regulations, are subject to transfer on their own
without the electricity to which they are associated, and
(
b) meet
any requirements specified by the regulations; (“attributs environnementaux”)
“registry
rules” means the rules made under
section 25.23; (“règles du registre”)
“regulations”
means the regulations made under this Part, despite the definition of
“regulations” in subsection 2 (1); (“règlements”)
“transfer”
includes a transfer of ownership, with or without consideration; (“transfert”)
“transferee”
means a person or entity who intends to purchase or acquire a clean energy
credit; (“destinataire du transfert”)
“transferor”
means a person or entity that makes environmental attributes available for
transfer. (“auteur du transfert”)
Requirement
to make environmental attributes available for transfer
25.12 The following persons
and entities shall make such environmental attributes as are specified by the
regulations available for transfer in the time and manner specified by the regulations:
1. The
IESO.
2. Ontario
Power Generation Inc.
3. Any
generator or other person or entity specified by the regulations.
Restrictions
on making environmental attributes available for transfer
25.13 If the regulations so
provide, a generator or other person or entity specified by the regulations
shall not make environmental attributes available for transfer except as
provided for by the regulations.
Registration
Transferors
25.14
(1) A
transferor shall register with the clean energy credit registry in accordance
with the registry rules.
Transferees
(2) A
transferee shall register with the clean energy credit registry in accordance
with the registry rules.
Information
re environmental attributes to be submitted to registry
25.15
(1) A
transferor that intends to transfer environmental attributes shall submit to
the clean energy credit registry such information respecting the environmental
attributes as is specified by the registry rules.
Same
(2) The
information referred to in subsection (1) shall be submitted in the time and
manner specified by the registry rules.
Restriction
(3) Information
respecting any given environmental attributes may only be submitted to the
clean energy credit registry once.
Same
(4) Subsection
(3) does not prevent the submission of information respecting environmental
attributes in order to correct an error, add missing information, address a
technical issue connected to the clean energy credit registry or otherwise
ensure the correctness of the information submitted to the registry in respect
of the environmental attributes.
Restrictions
on transfer
25.16
(1) A
transferor shall not transfer environmental attributes unless,
(
a) the
environmental attributes are recognized in the clean energy credit registry as
a clean energy credit, following the submission of information to the registry
in accordance with
section 25.15; and
(
b) the
following conditions are met:
(
i) the
environmental attributes associated with the clean energy credit were generated
within the period specified by the regulations,
(ii) the
clean energy credit is to be transferred to a transferee who has an account
with the IESO or a distributor with respect to the transferee’s consumption of
electricity, and who meets any other requirements specified by the regulations,
(iii) the
clean energy credit is to be credited against electricity that was consumed by
the transferee in Ontario within the period specified by the regulations,
(iv) the
clean energy credit has not been previously transferred or retired, and
(
v) any
other conditions provided for by the regulations.
Same
(2) The
transfer shall be completed within the time and in the manner specified by the registry
rules.
Retirement
of clean energy credits
Transferee
25.17
(1) The
transferee to whom a clean energy credit is transferred in accordance with
section 25.16, or a person or entity acting on the transferee’s behalf, shall
indicate on the clean energy credit registry, in the time and manner specified
by the registry rules, that the credit has been retired.
Transferor
(2) If
a transferor’s clean energy credit is not transferred within the time described
in subsection 25.16 (2) or otherwise in accordance with
section 25.16, the
transferor may indicate on the clean energy credit registry, in the time and
manner specified by the registry rules, that the credit has been retired.
Unauthorized
retirement
(3) No
person or entity shall indicate on the clean energy credit registry that a
clean energy credit has been retired, except in accordance with subsection (1) or
(2).
Provision
of information
25.18 Transferors, transferees
and any other persons or entities specified in the regulations shall provide to
the IESO or the Minister such information as the IESO or Minister specifies for
the purposes of this Part, in the time and manner specified by the IESO or
Minister.
Proceeds
of transfer
IESO
25.19
(1) The IESO
shall apply its proceeds from the transfer of its clean energy credits in the
time and manner specified by the regulations.
Ontario Power Generation Inc.
(2) Ontario
Power Generation Inc. shall apply its proceeds from the transfer of its clean
energy credits in the time and manner specified by the regulations.
Application
to partial credits
25.20 This Part applies with
necessary modifications with respect to the transfer and retirement of a
partial clean energy credit.
Transition
25.21
(1) This
Part applies with respect to the transfer of environmental attributes generated
on or after the day
section 3 of
Schedule 1 to the Progress
on the Plan to Build Act (Budget Measures), 2022 comes into force, even
if the transfer is the subject of a contract that was entered into before that
day.
Same
(2) If
the regulations so provide, this Part applies with respect to the transfer of
environmental attributes generated before the day
section 3 of
Schedule 1 to
the Progress on the Plan to Build Act (Budget Measures),
2022 came into force, to the extent and with any changes specified by
the regulations.
Registry
25.22
(1) The IESO
shall, in accordance with the regulations if any, establish and maintain or
designate a registry for the purposes of this Part that meets any requirements
specified by the regulations and that is capable of,
(
a) accepting
and displaying the registration of transferors and transferees;
(
b) accepting
and displaying information respecting environmental attributes, and recognizing
environmental attributes as clean energy credits;
(
c) accepting
and displaying information respecting the transfer of clean energy credits,
including information respecting the credits that are available for transfer;
(
d) accepting
and displaying information respecting the retirement of clean energy credits;
and
(
e) any
other function specified by the regulations.
Direction
re registry
(2) If
the regulations direct the IESO to do so, the IESO shall, in accordance with
any timing or other requirements specified by the regulations, establish and
maintain or designate, as specified by the regulations, a registry that meets
the requirements of subsection (1) that is to be used for the purposes of this
Part instead of the registry established or designated under that subsection.
Same
(3) Subsection
(2) applies, with necessary modifications, with respect to a registry
established or designated in accordance with regulations made for the purposes
of that subsection.
Registry
rules
25.23
(1) The IESO
may, subject to any regulations made under clause 25.25 (1) (b), make rules,
(
a) governing
the operation of any clean energy credit registry established by the IESO;
(
b) governing
the participation of transferors and transferees in the clean energy credit
registry for the purposes of this Part, including requiring the submission of
specified information to the registry and specifying the time and manner of
meeting the requirements;
(
c) requiring
the payment of fees connected to the use of the clean energy credit registry,
specifying their amounts, and specifying the time and manner of making the
payments;
(
d) governing
any other matter required or permitted in this Part or the regulations made
under subsection 25.25 (1) to be provided for by the registry rules; and
(
e) respecting
any matter that the IESO considers necessary or advisable in connection with
the clean energy credit registry.
Subdelegation
(2) A
registry rule may authorize a person or entity to require, authorize or
otherwise determine any matter that may be required, authorized or otherwise
determined by the IESO under subsection (1).
Incorporation
by reference
(3) A
registry rule may incorporate by reference another document, in whole or in
part and with such changes as the IESO considers necessary, and may provide
that the reference to the document include amendments made to the document from
time to time.
General
or particular
(4) A
registry rule may be general or particular in its application.
Publication
and inspection of registry rules
(5) The
IESO shall make the registry rules available for public inspection on its
website.
Reporting
requirements
25.24
(1) The IESO
shall, within the time specified by the regulations after the end of every
calendar year, submit to the Minister a report that contains the following
information respecting that year:
1. The
total volume of electricity generated in the year by all generators directly
connected to the IESO-controlled grid or a distributor’s distribution system, broken
down by energy source.
2. The
total number of clean energy credits transferred in the year in accordance with
section 25.16, broken down by energy source.
3. Any
other information specified by the regulations.
Publication
(2) The
IESO shall publish on its public website every report submitted to the Minister
under subsection (1).
Duty
to provide information
(3) The
IESO may require a distributor, transferor, transferee or any other person or
entity specified by the regulations to give to the IESO, in the time and manner
specified by the IESO, such information in relation to this Part as the IESO
may specify for the purposes of preparing a report under this section.
Regulations
Minister
25.25
(1) The
Minister may make regulations,
(
a) governing
any matter required or permitted in this Part to be
provided for by the regulations, other than in subsection (7);
(
b) governing
the making of the registry rules, including specifying timing, criteria or
methodology that must be included in or applied under the registry rules or
specifying any other matters that must be included in the registry rules;
(
c) exempting
any person or entity from subclause 25.16 (1) (b) (i), (iv) or (v), subject to
such conditions or restrictions as may be specified by the regulations;
(
d) specifying
or providing for methods for determining amounts that constitute all or any
part of IESO’s proceeds from the transfer of its clean energy credits for the
purposes of clauses 25.33 (1) (
c) and (2) (c);
(
e) defining,
for the purposes of this Part, any word or expression used in this Part that is
not defined in this Act or by regulations made under clause 114 (1) (n);
(
f) respecting
any other matter that the Minister considers necessary or advisable in
connection with this Part.
Same
(2) In
specifying environmental attributes for the purposes of
section 25.12, the
regulations may specify the number and type of environmental attributes, set
out a manner for determining the number or type, specify maximums or minimums
or impose ranges.
Same
(3) Regulations
made for the purposes of subsection 25.19 (1),
(
a) may
require the IESO to transfer proceed amounts specified by or determined in
accordance with the regulations to the Crown or any other person or entity; and
(
b) shall
not include any amounts specified or provided for under clause (1) (d).
Same
(4) Regulations
made for the purposes of subsection 25.22 (2) may, for greater certainty, name
a specific registry that meets the requirements of subsection 25.22 (1) that
must be designated, and may provide for any transitional matters that arise as
a result of the transition from the use of one registry to another.
Same
(5) A
regulation under subsection (1) may authorize a person or entity to require,
authorize or otherwise determine any matter that may be required, authorized or
otherwise determined by the Minister under that subsection.
Rolling
incorporation by reference
(6) A
regulation under subsection (1) that incorporates another document by reference
may provide that the reference to the document include amendments made to the
document from time to time.
Lieutenant
Governor in Council, exemptions
(7) The
Lieutenant Governor in Council may make regulations exempting any person or
entity from any provision of this Part, other than a provision that may be the
subject of a regulation made under clause (1) (c), subject to such conditions
or restrictions as may be specified by the regulations.
General
or particular
(8) A
regulation made under this
section may be general or particular in its
application.
(1) Subsection 25.33 (1) of the Act is amended by striking out “and”
at the end of clause (a), by adding “and” at the end of clause (b), and by
adding the following clause:
(
c) the
IESO clean energy credit proceed amounts determined by the regulations made by
the Minister under clause 25.25 (1) (d).
(2) Subsection
25.33 (2) of the Act is amended by striking out “and” at the end of clause (a),
by adding “and” at the end of clause (b), and by adding the following clause:
(
c) the
IESO clean energy credit proceed amounts determined by the regulations made by
the Minister under clause 25.25 (1) (d).
Ontario
Energy Board Act, 1998
Ontario Energy Board Act, 1998
Section 78.1 of the Ontario Energy Board Act, 1998 is
amended by adding the following subsection:
Same
(3.2) A
payment to Ontario Power Generation Inc. under this
section shall not include any
amounts that may be specified by the regulations relating to its activities
under
Part II.1 of the Electricity Act, 1998 .
Subsection 88 (1) of the Act is amended by adding the following clause:
(i.4) for
the purposes of subsection 78.1 (3.2), specifying amounts relating to Ontario
Power Generation Inc.’s activities under
Part II.1 of the Electricity
Act, 1998 that shall not be included in a payment to it under
section
78.1, including providing for methods for determining the amounts;
Commencement
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 2
FUEL TAX ACT
Clause 2 (1.1) (
a) of the Fuel Tax Act is amended
by striking out “December 31, 2022” and substituting “December 31, 2023”.
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent.
SCHEDULE 3
GASOLINE TAX ACT
Clause 2 (1.1) (
a) of the Gasoline Tax Act is
amended by striking out “December 31, 2022” and substituting “December 31,
2023”.
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent.
SCHEDULE 4
INTERIM APPROPRIATION FOR 2023-2024 ACT, 2022
Interpretation
Expressions
used in this Act have the same meaning as in the Financial
Administration Act unless the context requires otherwise.
Expenses
of the public service
Pending
the voting of supply for the fiscal year ending on March 31, 2024, amounts not
exceeding a total of $174,400,946,200 may be paid out of the Consolidated
Revenue Fund or recognized as non-cash expenses to be applied to the expenses
of the public service that are not otherwise provided for.
Investments
of the public service
Pending
the voting of supply for the fiscal year ending on March 31, 2024, amounts not
exceeding a total of $5,026,116,100 may be paid out of the Consolidated Revenue
Fund or recognized as non-cash investments to be applied to the investments of
the public service in capital assets, loans and other investments that are not
otherwise provided for.
Expenses
of the Legislative Offices
Pending
the voting of supply f or
the fiscal year ending on March 31, 2024, amounts not exceeding a total of $298,190,600
may be paid out of the Consolidated Revenue Fund to be applied to the expenses
of the Legislative Offices that are not otherwise provided for.
Charge
to proper appropriation
All
expenditures made or recognized under this Act must be charged to the proper
appropriation following the voting of supply for the fiscal year ending on
March 31, 2024.
Commencement
The Act set out in this
Schedule comes into force on April 1, 2023.
Short
title
The
short title of the Act set out in this
Schedule is the Interim Appropriation for 2023-2024 Act, 2022 .
SCHEDULE 5
LEGISLATIVE ASSEMBLY ACT
(1) Subsection 61 (1.2) of the Legislative
Assembly Act is amended by striking out “but subject to subsection
(1.3)”.
(2) Subsection
61 (1.3) of the Act is repealed.
Executive
Council Act
Subsections 3 (4.1) and (4.2) of the Executive Council Act
are repealed and the following substituted:
Interpretation
(4.1) For
the purposes of this section, the annual salary of a member of the Assembly is
the amount determined in accordance with
section 61 of the Legislative Assembly Act .
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent.
SCHEDULE 6
ONTARIO GUARANTEED ANNUAL INCOME ACT
Section 5.1 of the Ontario Guaranteed Annual Income Act
is repealed and the following substituted:
Payment,
January 1, 2023 to December 31, 2023
5.1 The amount of an
increment payment to an eligible person for the period beginning on January 1,
2023 and ending on December 31, 2023 is the amount payable under
section 2
multiplied by 2.
Commencement
This
Schedule comes into force on the day the Progress on the Plan to Build Act (Budget Measures), 2022
receives Royal Assent.
SCHEDULE 7
PENSION BENEFITS ACT
(1) Section 10 of the Pension Benefits Act
is amended by adding the following subsection:
Collective
agreements
(1.0.1) For
greater certainty, the documents that create and support a pension plan include
a collective agreement if,
(
a) the
plan is established pursuant to the collective agreement;
(
b) the
collective agreement incorporates the plan by reference in whole or in part; or
(
c) the
terms of the plan are set out in whole or in
part in the collective agreement.
(2) Section
10 of the Act is amended by adding the following subsections:
Plans
that provide target benefits — funding and governance policies
(5) The
documents that create and support a pension plan that provides any target
benefits shall set out the pension plan’s funding policy and its governance
policy.
Conversions
of existing pension plans
(6) If
some or all of the benefits provided by a multi-employer pension plan that was
registered before the day subsection 1 (2) of
Schedule 7 to the Progress on the Plan to Build Act (Budget Measures), 2022 comes
into force are converted to target benefits, the administrator of the pension
plan shall, within the prescribed time, file with the Chief Executive Officer
the pension plan’s funding policy and its governance policy.
Other
conversions
(7) If
some or all of the benefits provided by a multi-employer pension plan that is
registered on or after the day subsection 1 (2) of
Schedule 7 to the Progress on the Plan to Build Act (Budget Measures), 2022 comes
into force are converted to target benefits, the administrator of the pension
plan shall, within the prescribed time, file with the Chief Executive Officer
the pension plan’s funding policy and its governance policy.
Requirements
(8) A
pension plan’s funding policy and its governance policy must satisfy such requirements
and contain such information as may be prescribed, and must be reviewed in
accordance with the regulations.
(3) Subsections
10 (5) to (7) of the Act, as enacted by subsection (2), are repealed and the
following substituted:
Funding
and governance policies
(5) The
documents that create and support a pension plan shall set out the pension
plan’s funding policy and its governance policy.
Same,
existing pension plans
(6) The
administrator of a pension plan that applied for registration before the day
subsection 1 (3) of
Schedule 7 to the Progress on the Plan
to Build Act (Budget Measures), 2022 comes into force shall, within the
prescribed time, file with the Chief Executive Officer the pension plan’s
funding policy and its governance policy.
Stronger,
Fairer Ontario Act (Budget Measures), 2017
Subsection 2 (4) of
Schedule 33 to the Stronger, Fairer
Ontario Act (Budget Measures), 2017 is repealed.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Progress on the Plan to
Build Act (Budget Measures), 2022 receives Royal Assent.
(2) Section
1 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
SCHEDULE 8
SECURITIES ACT
(1) Paragraph 49 of subsection 143 (1) of the Securities
Act is amended by striking out “filing or delivery” and substituting
“filing, delivery, distribution or making available”.
(2) Section
143 of the Act is amended by adding the following subsections:
Variation
of Act — delivery, etc., of prospectus, financial statement
(1.2) The
rules may authorize or require that a document that is to be delivered,
forwarded, distributed or sent to a person or company under
Part XV or XVI or
under
section 79 be made available to the person or company in another way
instead.
Same,
deemed receipt
(1.3) A
document that is made available in accordance with subsection (1.2) is deemed
to have been received on the day and at the time, if any, determined under the
rules.
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent.
SCHEDULE 9
SUPPLEMENTARY INTERIM APPROPRIATION FOR 2022-2023 ACT, 2022
Interpretation
Expressions
used in this Act have the same meaning as in the Financial
Administration Act unless the context requires otherwise.
Additional
amounts to be paid or recognized
All
amounts authorized under sections 3 and 4 to be paid out of the Consolidated
Revenue Fund or recognized as non-cash expenses or non-cash investments are in
addition to the amounts authorized to be paid out of the Consolidated Revenue
Fund or recognized as non-cash expenses or non-cash investments under sections
2 and 4 of the Interim Appropriation for 2022-2023 Act,
2021 .
Expenses
of the public service
Pending
the voting
of supply for the fiscal year ending on March 31, 2023, amounts not exceeding a
total of $10,947,774,700 may be paid out of the Consolidated Revenue Fund or
recognized as non-cash expenses to be applied to the expenses of the public
service that are not otherwise provided for.
Expenses
of the Legislative Offices
Pending
the voting of supply for the fiscal year ending on March 31, 2023, amounts not
exceeding a total of $13,833,800 may be paid out of the Consolidated Revenue
Fund to be applied to the expenses of the Legislative Offices that are not
otherwise provided for.
Charge
to proper appropriation
All expenditures
made or recognized under this Act must be charged to the proper appropriation
following the voting of supply for the fiscal year ending on March 31, 2023.
Commencement
The Act set out in this
Schedule is deemed to have come into force on April 1,
Short
title
The
short title of the Act set out in this
Schedule is the Supplementary Interim Appropriation for 2022-2023 Act, 2022 .
SCHEDULE 10
TAXATION ACT, 2007
(1) Paragraph 2 of subsection 92 (5.6) of the Act is amended by
adding “subject to subsection (5.7.1)” at the end.
(2) Subsection
92 (5.7) of the Act is amended by striking out “all of” in the portion before
paragraph 1.
(3) Paragraph
6 of subsection 92 (5.7) of the Act is repealed and the following substituted:
6. In
the case of an expenditure incurred on or before November 14, 2022 in respect
of any kind of tangible property or an expenditure incurred after November 14,
in respect of tangible property other than the type of leased real property
described in paragraph 6.1 , the expenditure is paid to a person or partnership,
i. that
is ordinarily engaged in the business of selling or leasing tangible property
of the type of tangible property acquired or leased by the qualifying
corporation,
ii. that
carries on business through a permanent establishment in Ontario,
iii. that
is a taxable Canadian corporation or an Ontario-based individual at the time
the amount is paid or a partnership comprised entirely of members that are
taxable Canadian corporations or Ontario-based individuals at the time the
amount is paid,
iv. in
the case of an individual, who is not an employee of the qualifying
corporation, and
v. in
the case of a partnership, whose members are not employees of the qualifying
corporation.
6.1 In
the case of an expenditure incurred after November 14, 2022 in respect of real
property leased by the qualifying corporation from a person or partnership not
ordinarily engaged in the business of leasing the type of real property in
question, the expenditure is paid to a person or partnership,
i. that
deals at arm’s length with the qualifying corporation,
ii. in
the case of an individual, who is not an employee of the qualifying
corporation, and
iii. in
the case of a partnership, whose members are not employees of the qualifying
corporation.
(4) Section
92 of the Act is amended by adding the following subsection:
Limit
on certain expenditures
(5.7.1) The
total amount of expenditures described in paragraph 6.1 of subsection
(5.7) that may be included in a qualifying corporation’s qualifying production expenditure
under subsection (5.1) for a taxation year in respect of an eligible production
is the lesser of,
(
a) the
total amount determined in respect of those expenditures under paragraph 2 of
subsection (5.6); and
(
b) the
amount that is 5 per cent of the amount of the qualifying production
expenditure that would be determined under subsection (5.1) if that amount were
determined without reference to this subsection.
Commencement
This
Schedule comes into force on the day the Progress on
the Plan to Build Act (Budget Measures), 2022 receives Royal Assent or,
if the Progress on the Plan to Build Act (Budget Measures),
2022 receives Royal Assent after November 14, 2022, this
Schedule is
deemed to have come into force on November 14, 2022.
Date Bill stage Event Outcome Committee
December 8, 2022
Royal Assent
Royal Assent received
December 6, 2022
Third Reading
Vote
Carried on division
December 6, 2022
Third Reading
Question put
December 6, 2022
Third Reading
Closure
Carried on division
December 5, 2022
Third Reading
Moved closure
Vote deferred
December 5, 2022
Third Reading
Debated
December 5, 2022
Third Reading
Debated
Debate adjourned
December 1, 2022
Second Reading
Ordered for Third Reading
December 1, 2022
Second Reading
Report adopted
December 1, 2022
Second Reading
Reported without amendment
Standing Committee on Finance and Economic Affairs
December 1, 2022
Second Reading
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
November 24, 2022
Second Reading
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
December 8, 2022
Royal Assent
Royal Assent received
November 23, 2022
Second Reading
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
November 17, 2022
Second Reading
Ordered referred to Standing Committee
Standing Committee on Finance and Economic Affairs
November 17, 2022
Second Reading
Vote
Carried on division
November 17, 2022
Second Reading
Question put
November 17, 2022
Second Reading
Closure
Carried on division
November 16, 2022
Second Reading
Moved closure
Vote deferred
November 16, 2022
Second Reading
Debated
November 16, 2022
Second Reading
Debated
Debate adjourned
November 15, 2022
Second Reading
Debated
Debate adjourned
November 15, 2022
Second Reading
Debated
Debate adjourned
November 14, 2022
First Reading
Ordered for Second Reading
November 14, 2022
First Reading
Vote
Carried
Second Reading
November 15, 2022
Principal Debaters
Anand, Deepak
Mississauga—Malton
Bethlenfalvy, Hon. Peter
Pickering—Uxbridge
Bowman, Stephanie
Don Valley West
Byers, Rick
Bruce—Grey—Owen Sound
Crawford, Stephen
Oakville
Fife, Catherine
Waterloo
McCarthy, Todd
Durham
Sattler, Peggy
London West
Questions and Responses
Andrew, Jill
Toronto—St. Paul's
Armstrong, Teresa
London—Fanshawe
Begum, Doly
Scarborough Southwest
Bell, Jessica
University—Rosedale
Bouma, Will
Brantford—Brant
Harden, Joel
Ottawa Centre
Holland, Kevin
Thunder Bay—Atikokan
Ke, Vincent
Don Valley North
Kusendova-Bashta, Natalia
Mississauga Centre
Pang, Billy
Markham—Unionville
Skelly, Donna
Flamborough—Glanbrook
Smith, Laura
Thornhill
Thanigasalam, Vijay
Scarborough—Rouge Park
West, Jamie
Sudbury
Wong-Tam, Kristyn
Toronto Centre
November 15, 2022
Debated
November 16, 2022
Principal Debaters
Fraser, John
Ottawa South
French, Jennifer
Oshawa
Fullerton, Hon. Merrilee
Kanata—Carleton
Gallagher Murphy, Dawn
Newmarket—Aurora
Gélinas, France
Nickel Belt
Ghamari, Goldie
Carleton
Gill, Hon. Parm
Milton
Khanjin, Andrea
Barrie—Innisfil
Leardi, Anthony
Essex
Mamakwa, Sol
Kiiwetinoong
Mantha, Michael
Algoma—Manitoulin
Schreiner, Mike
Guelph
Smith, Dave
Peterborough—Kawartha
Smith, Hon. Todd
Bay of Quinte
Stiles, Marit
Davenport
West, Jamie
Sudbury
Yakabuski, John
Renfrew—Nipissing—Pembroke
Questions and Responses
Anand, Deepak
Mississauga—Malton
Armstrong, Teresa
London—Fanshawe
Bouma, Will
Brantford—Brant
Bourgouin, Guy
Mushkegowuk—James Bay
Byers, Rick
Bruce—Grey—Owen Sound
Cho, Hon. Stan
Willowdale
Flack, Rob
Elgin—Middlesex—London
Gates, Wayne
Niagara Falls
Glover, Chris
Spadina—Fort York
Harris, Mike
Kitchener—Conestoga
Jordan, John
Lanark—Frontenac—Kingston
Martin, Robin
Eglinton—Lawrence
Oosterhoff, Sam
Niagara West
Pasma, Chandra
Ottawa West—Nepean
Pierre, Natalie
Burlington
Sandhu, Amarjot
Brampton West
Sattler, Peggy
London West
Wai, Daisy
Richmond Hill
November 16, 2022
Debated
Moved closure
November 17, 2022
Closure carried on division
Carried on division
Ordered referred to Standing Committee
Standing Committee on Finance and Economic Affairs
November 23, 2022
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
November 24, 2022
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
December 1, 2022
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
December 1, 2022
Reported without amendment
Standing Committee on Finance and Economic Affairs
Ordered for Third Reading
Third Reading
December 5, 2022
Principal Debaters
Bethlenfalvy, Hon. Peter
Pickering—Uxbridge
Byers, Rick
Bruce—Grey—Owen Sound
Crawford, Stephen
Oakville
Fife, Catherine
Waterloo
French, Jennifer
Oshawa
Glover, Chris
Spadina—Fort York
Grewal, Hardeep
Brampton East
Hunter, Mitzie
Scarborough—Guildwood
Kernaghan, Terence
London North Centre
Lecce, Hon. Stephen
King—Vaughan
McGregor, Graham
Brampton North
Oosterhoff, Sam
Niagara West
Rae, Matthew
Perth—Wellington
Saunderson, Brian
Simcoe—Grey
Schreiner, Mike
Guelph
Tangri, Nina
Mississauga—Streetsville
Questions and Responses
Andrew, Jill
Toronto—St. Paul's
Begum, Doly
Scarborough Southwest
Bourgouin, Guy
Mushkegowuk—James Bay
Coe, Lorne
Whitby
Flack, Rob
Elgin—Middlesex—London
Hogarth, Christine
Etobicoke—Lakeshore
Jones, Trevor
Chatham-Kent—Leamington
Ke, Vincent
Don Valley North
Kusendova-Bashta, Natalia
Mississauga Centre
Leardi, Anthony
Essex
Mamakwa, Sol
Kiiwetinoong
Mantha, Michael
Algoma—Manitoulin
Piccini, Hon. David
Northumberland—Peterborough South
Sabawy, Sheref
Mississauga—Erin Mills
Sattler, Peggy
London West
Stevens, Jennifer (Jennie)
St. Catharines
West, Jamie
Sudbury
Wong-Tam, Kristyn
Toronto Centre
December 5, 2022
Debated
December 5, 2022
Moved closure
December 6, 2022
Closure carried on division
Carried on division
Royal Assent
December 8, 2022
Royal Assent received