Ontario Bill 46 (43rd Parliament, 1st Session)

Bill 46, 43-1

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Bill 46, Less Red Tape, Stronger Ontario Act, 2023

Gill, Parm Minister of Red Tape Reduction

Royal Assent received. Statutes of Ontario 2023,

chapter 2

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EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 46 and does not form part of the law.

Bill 46 has been enacted as

Chapter 2 of the Statutes of Ontario, 2023.

SCHEDULE 1

ANIMAL HEALTH ACT, 2009

New

section 23.1 of the Animal Health Act, 2009 allows

the Minister of Agriculture, Food and Rural Affairs to issue a temporary

response order respecting specific hazards. A temporary response order cannot

be issued unless, after receiving advice from the Chief Veterinarian for

Ontario, the Minister is of the opinion that any delay in implementing the

measures authorized or required by the order will or is likely to increase

substantially the risk to animal or human health and that immediate measures

are necessary to mitigate the possibility of that risk increasing.

temporary response order can only apply in the areas of Ontario where it is

necessary and can only be effective for up to 72 hours. One extension, of up to

72 hours, is permitted if the Chief Veterinarian for Ontario recommends the

extension and if the Minister is of the opinion that the criteria for issuing

the order continue to exist.

Section

23.1 provides for the contents of the order, the types of measures that an

order can require, and publication and notice requirements. The order can

authorize the Chief Veterinarian for Ontario to grant exemptions.

SCHEDULE 2

COURTS OF JUSTICE ACT

Subsection

44 (2) of the Courts of Justice Act provides that a

former provincial judge may be designated to serve as a provincial judge on a

part-time basis, not to exceed 50 per cent of full-time service in a calendar

year. The

Schedule amends the subsection to raise this limit to 75 per cent until

April 1, 2024.

addition,

section 87.1 of the Act, which deals with the continuation in office

of provincial judges who were assigned to the Provincial Court (Civil Division)

immediately before September 1, 1990, is repealed. Clause 24 (2) (

a) of the Act

is consequentially repealed.

SCHEDULE 3

JURIES ACT

Section

6 of the Juries Act sets out the manner in which

the Jury Sheriff must cause jury questionnaires to be mailed to a person. The

Schedule amends

section 6 to provide an alternative electronic procedure for

jury questionnaires. Recipients of the electronic jury questionnaire may

request that a non-electronic jury questionnaire be mailed to them instead. A

person who receives either type of jury questionnaire may also request

are made to the Act.

SCHEDULE 4

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

The

Ministry of Agriculture, Food and Rural Affairs Act

is amended to provide that, for greater certainty,

section 3 of the Innkeepers Act does not apply with respect to cattle

enrolled in the Ontario Feeder Cattle Loan Guarantee Program established under the

Act.

Section

3 of the Innkeepers Act , which currently provides

that the keeper of a livery stable or a boarding stable has a lien on every

horse or other animal boarded at or carriage left in the livery stable or

boarding stable for reasonable charges for boarding and caring for the horse,

animal or carriage, is amended to provide that it does not apply with respect

to cattle enrolled in the Ontario Feeder Cattle Loan Guarantee Program

established under the Ministry of Agriculture, Food and

Rural Affairs Act .

SCHEDULE 5

OIL, GAS AND SALT RESOURCES ACT

Currently,

subsection 11 (1.1) of the Oil, Gas and Salt Resources Act

prohibits the injection of carbon dioxide for the purposes of carbon

sequestration into an area, including an underground geological formation, by a

person engaged in certain projects, activities or undertakings as well as the

issuance of permits for such a purpose. The

Schedule repeals that subsection

and updates the

definitions of “Minister” and “Ministry” in the Act.

SCHEDULE 6

ONTARIO ENERGY BOARD ACT, 1998

The

Schedule expands existing exemption language in subsections 99 (1) and 101

(1) of the Ontario Energy Board Act, 1998 to include

any exemption that is authorized under the Act.

SCHEDULE 7

ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS CORPORATION ACT, 2023

The

Schedule enacts the Ontario Society for the Prevention of

Cruelty to Animals Corporation Act, 2023 , which continues the Ontario

Society for the Prevention of Cruelty to Animals. The Act provides for

regulations respecting the governance of the Society and various transitional

matters, which may have retroactive effect.

Most

of the provisions in this Act are deemed to have come into force on January 1,

2020. The Act may be repealed on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE 8

PROVINCIAL OFFENCES ACT

The

Schedule repeals

section 11 of the Provincial Offences Act ,

including the re-enacted version of that

section which has not yet come into

force. The

Schedule also repeals a re-enacted version of

section 5.1 of the

Act, together with new sections 5.2 to 5.5, none of which are in force.

new

section 11 is enacted, which, like the re-enacted version of

section 11

that has not yet come into force and is being repealed, authorizes the clerk of

the court to strike out convictions on application in the specified

circumstances. However, the references in the new

section 11 to

section 5.1 of

the Act are to the version of

section 5.1 that is already in force, as opposed

to the re-enacted version of

section 5.1 that is not yet in force and is being

repealed.

SCHEDULE 9

WORKPLACE SAFETY AND INSURANCE ACT, 1997

The

Workplace Safety and Insurance Act, 1997 is amended

as follows:

1. The

definition of “health care practitioner” is amended to remove a reference to

drugless practitioners.

Section

53 of the Act is amended to include rules governing how the Board is to

determine the average earnings of a worker who is an apprentice.

Section

159 of the Act is amended to provide that the requirement that the Board obtain

the Lieutenant Governor in Council’s approval to acquire or dispose of real

property does not apply to real property acquired or disposed of by lease.

Section

162 of the Act is amended to provide that the board of directors of the Board

must meet at least four times annually.

Section

166 of the Act is amended to require the Board and the Minister to be parties

to a memorandum of understanding and to review the memorandum of understanding

periodically. The requirement that the Board provide the Minister with a

strategic plan is repealed.

Bill 46 2023

Act to enact one Act and amend various other Acts

Contents

of this Act

Commencement

Short

title

Schedule 1

Animal

Health Act, 2009

Schedule 2

Courts

of Justice Act

Schedule 3

Juries

Act

Schedule 4

Ministry

of Agriculture, Food and Rural Affairs Act

Schedule 5

Oil,

Gas and Salt Resources Act

Schedule 6

Ontario

Energy Board Act, 1998

Schedule 7

Ontario

Society for the Prevention of Cruelty to Animals Corporation Act, 2023

Schedule 8

Provincial

Offences Act

Schedule 9

Workplace

Safety and Insurance Act, 1997

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

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 Less Red Tape, Stronger Ontario Act, 2023 .

SCHEDULE 1

ANIMAL HEALTH ACT, 2009

Subparagraph 5 iii of

section 18 of the Animal Health Act,

2009 is repealed and the following substituted:

iii. determining

whether a person is in compliance with or has complied with an order made or

issued under

section 20, 21, 23, 23.1 or 25,

iii.1 determining

whether a person is in compliance with or has complied with requirements,

restrictions or measures imposed by the Chief Veterinarian for Ontario under

subsection 24 (7), or

The Act is amended by adding the following section:

Temporary

response order

23.1

(1) The

Minister may, in accordance with this section, issue a temporary response order

in writing that applies with respect to any part of the Province or for the

entire Province, or with respect to facilities or classes of facilities in the Province

or any part of the Province, for one or more of the following purposes:

1. To

minimize the risk of one or more specific hazards from entering the Province if

the hazard is believed not to be present in the Province and,

i. the

hazard has been confirmed to be present in another jurisdiction, or

ii. there

are reasonable grounds to suspect the hazard is present in another

jurisdiction.

2. To

designate and protect the Province or one or more parts of the Province that

are believed to be either free from the presence of one or more specific

hazards or to have a low prevalence of one or more specific hazards.

3. To

prevent, detect, control, suppress or mitigate any one or more specific hazards

if there is a significant risk to animal or human health in the Province.

Limitation

— urgency of mitigating risk

(2) The

Minister shall not issue a temporary response order unless, after receiving the

advice of the Chief Veterinarian for Ontario, the Minister is of the opinion

that,

(

a) any

delay in implementing the measures authorized or required by the order will or

is likely to increase substantially the risk to animal or human health; and

(

b) immediate

measures are necessary to mitigate the possibility of that risk increasing.

Minister’s

opinion

(3) In

forming an opinion under this section, the Minister shall consider the

principle that the absence of scientific consensus should not be used as a

reason for postponing measures to avoid or minimize the risk to animal or human

health.

Contents

of order

(4) The

order may do any of the following:

1. Establish

restrictions on the transportation, movement or distribution of living or dead

animals, animal products, animal by-products, inputs, fomites, waste material,

conveyances or any other thing related to animals in, to or from the area to

which the order applies.

2. Specify

handling measures relating to the housing of animals that must be observed in

the area to which the order applies.

3. Specify

any precautionary or biosecurity measures for individuals, animals, animal

products, animal by-products, inputs, fomites, waste material, conveyances or

other things related to animals in the area to which the order applies or when

entering or leaving that area, including requirements for cleaning and

disinfection.

4. Authorize

the Chief Veterinarian for Ontario to grant written exemptions, with or without

conditions, from the restrictions or requirements in the order if the Chief

Veterinarian for Ontario believes that the exemption would lead to less risk to

animal or human health than would the application of the order.

5. Set

out any other restriction or requirement that the Minister considers necessary.

Same

(5) The

order shall also,

(

a) briefly

describe the reasons for the order and the circumstances giving rise to those

reasons;

(

b) contain

a description of the part of the Province to which the order applies or, if the

order applies with respect to facilities or classes of facilities, a

description of the facility or class of facilities;

(

c) specify

the effective period of the order, subject to subsections (9) and (10);

(

d) specify

the hazard in respect of which the order is being issued;

(

e) indicate

whether the order authorizes the Chief Veterinarian for Ontario to grant

exemptions; and

(

f) include

any other relevant information.

Oral

exemptions by Chief Veterinarian for Ontario

(6) If

the order authorizes the granting of exemptions and the Chief Veterinarian for

Ontario believes that the delay necessary to put an exemption in writing will

or is likely to increase substantially the risk to the health of any animal or

person, the Chief Veterinarian for Ontario may grant the exemption orally.

Same,

exemption to be provided in writing

(7) An

exemption that is granted orally shall be provided in writing as soon as

practicable in the circumstances and in no case later than 48 hours after the

oral exemption is granted.

Geographic

limitation

(8) The

order shall apply only to the areas of the Province where it is necessary.

Time

limitation

(9) The

order shall be effective only for as long as necessary but, in any case, shall

be effective for no longer than 72 hours.

Extension

(10) If

the Chief Veterinarian for Ontario recommends that the order be extended and

if, in the Minister’s opinion, the criteria for issuing the order continue to

exist, the Minister may extend the order once, before it expires, for a further

period of no longer than 72 hours.

Publication

(11) The

Minister shall publish the order and any extension of the order on a website of

the Government of Ontario and in any other manner the Minister considers

appropriate.

Notice

to specific owner

(12) In

addition to publication, the Minister may provide notice of the order in any

manner the Minister considers appropriate to an owner or custodian of an

animal, animal product, animal by-product, input, fomite, waste material,

premises, conveyance or other thing affected by the order and, if the order

applies with respect to a facility or class of facilities, to the owners of the

facilities.

Compliance

(13) Unless

the order provides otherwise, a person affected by the order shall comply with

it immediately after the order is published or the person receives notice of it

under subsection (12), whichever is earlier.

Limitations

on actions of inspector

(14) The

actions of an inspector authorized by subparagraph 5 iii of

section 18 to

conduct an inspection in respect of an order under this

section shall be

exercised in a manner that is consistent with the purpose of the order and

limits intrusiveness.

Legislation

Act, 2006

(15) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order issued under this section.

(1) Subsection 24 (4) of the Act is repealed and the following

substituted:

Publication

of notice of order

(4) The

Minister shall publish notice of the order on a website of the Government of

Ontario and in any other manner the Minister considers appropriate.

(2) Subsection

24 (8) of the Act is amended by striking out “paragraph 4” and substituting

“paragraph 4 or subparagraphs 5 iii or iii.1”.

(3) Subsection

24 (10) of the Act is repealed and the following substituted:

Legislation

Act, 2006

(10) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order issued under this section.

Clause 26 (1) (

b) of the Act is amended by striking out “surveillance zone

order” and substituting “surveillance zone order, temporary response order”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, Stronger Ontario Act, 2023 receives Royal Assent.

SCHEDULE 2

COURTS OF JUSTICE ACT

Clause 24 (2) (

a) of the Courts of Justice Act is

repealed.

(1) Subsection 44 (2) of the Act is amended by striking out “50” and

substituting “75”.

(2) Subsection

44 (2) of the Act, as amended by subsection (1), is amended by striking out

“75” and substituting “50”.

Section 87.1 of the Act is repealed.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Less Red Tape, Stronger

Ontario Act, 2023 receives Royal Assent.

(2) Subsection

2 (2) comes into force on April 1, 2024.

SCHEDULE 3

JURIES ACT

The definition of “jury questionnaire” in

section 1 of the Juries Act is repealed and the following substituted:

“jury

questionnaire” means the jury questionnaire provided under

section 6;

(“questionnaire pour la sélection d’un jury”)

Subsections 4.1 (1) and (4) of the Act are amended by striking out “Minister of

Health and Long-Term Care” wherever it appears and substituting in each case

“Minister of Health”.

Subsection 5 (2) of the Act is amended by striking out “who need to be mailed a

jury questionnaire” and substituting “who need to be mailed a jury

questionnaire or instructions to access a jury questionnaire”.

Section 6 of the Act is repealed and the following substituted:

Jury

questionnaires

(1) In

each year on or before October 31, the Jury Sheriff shall cause a jury

questionnaire, in the prescribed form, and a prepaid return envelope to be

mailed to the number of persons in each jury area specified in the local

sheriff’s determination under

section 5.

Jury

questionnaires, electronic method

(2) Instead

of causing a jury questionnaire and envelope to be mailed in accordance with

subsection (1), the Jury Sheriff may cause instructions to be mailed to a

person setting out how the person may access and complete a jury questionnaire,

in the prescribed form, by an electronic method specified in the instructions.

Required

information

(3) The

information provided under subsection (1) or (2) must include instructions on

how the person may,

(

a) request

(

b) in

the case of a questionnaire that is to be accessed and completed

electronically, request that the person instead be mailed a copy of the jury

questionnaire and a prepaid return envelope, as described in subsection (9).

Random

selection

(4) The

Jury Sheriff shall randomly select the required number of persons to receive

the jury questionnaire or instructions from among the persons whose names and

addresses are included in the jury source list provided by the Minister of

Health under subsection 4.1 (2).

Address

for mailing

(5) The

jury questionnaire or instructions shall be mailed to the most recent address

of the person provided by the Minister of Health under

section 4.1.

Submission

of jury questionnaire

(6) Every

person who receives the jury questionnaire or instructions shall, within 30

days after receiving them, accurately and truthfully complete the jury

questionnaire and submit it to the Jury Sheriff in the manner specified by the

Jury Sheriff.

Request

for accommodation

(7) A

person who receives a jury questionnaire or instructions to access or complete

may, no later than 10 days after receiving the jury questionnaire or

instructions, make a request to the Jury Sheriff that specifies their

accommodation needs.

Same

(8) If

the person makes the request described in subsection (7),

(

a) the

Jury Sheriff shall provide reasonable accommodation of the person’s needs,

which may include providing the jury questionnaire in an alternate format; and

(

b) the

30 day timeline described in subsection (6) is extended so that the person has

30 days after receiving the reasonable accommodation to accurately and

truthfully complete the jury questionnaire and submit it to the Jury Sheriff.

Request

for non-electronic jury questionnaire

(9) A

person who receives instructions to access and complete a jury questionnaire

using an electronic method may, no later than 10 days after receiving them,

make a request to the Jury Sheriff that they instead be mailed a copy of the

jury questionnaire and a prepaid return envelope.

Same

(10) If

the person makes the request described in subsection (9),

(

a) the

Jury Sheriff shall promptly cause a jury questionnaire, in the prescribed form,

and a prepaid return envelope to be mailed to the person; and

(

b) the

30 day timeline described in subsection (6) is extended so that the person has

30 days after receiving the mailed version of the jury questionnaire to accurately

and truthfully complete it and submit it to the Jury Sheriff.

When

deemed received

(11) For

the purposes of this section, a jury questionnaire or instructions shall be

deemed to have been received on the third day after the day of mailing unless

the person to whom the jury questionnaire or instructions are mailed

establishes that they, acting in good faith, through absence, accident, illness

or other cause beyond their control did not receive the questionnaire or

instructions, or did not receive them until a later date.

Supplementary

names

(12) The

Jury Sheriff may, at any time, mail such number of additional jury

questionnaires or instructions as in his or her opinion are required to obtain

the required number of persons for the jury roll.

(1) Subsection 8 (1) of the Act is amended by striking out “by a

returned jury questionnaire” and substituting “by a jury questionnaire that has

been submitted to the Jury Sheriff”.

(2) Subsection

8 (2) of the Act is amended by striking out “by the returned jury questionnaires”

wherever it appears and substituting in each case “by the submitted jury

questionnaires”.

Subsection 17 (2) of the Act is amended by striking out “returned jury

questionnaire” and substituting “submitted jury questionnaire”.

(1) Clause 38 (3) (

a) of the Act is amended by striking out “or

return it to the Jury Sheriff in accordance with subsection 6 (4)” and

substituting “or submit it to the Jury Sheriff in accordance with

section 6”.

(2) Subsection

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

Evidence

(4) For

the purposes of subsection (3), the failure of the Jury Sheriff to receive a

completed jury questionnaire from a person within the 30-day deadline required

by subsection 6 (6) is proof, in the absence of evidence to the contrary, that

the person failed to submit the questionnaire in the time required, subject to

any extensions of the deadline under clause 6 (8) (

b) or (10) (b).

Commencement

This

Schedule comes into force on the day the Less Red

Tape, Stronger Ontario Act, 2023 receives Royal Assent.

SCHEDULE 4

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

The Ministry of Agriculture, Food and Rural Affairs Act

is amended by adding the following section:

Non-application

of Innkeepers Act , Ontario Feeder Cattle Loan

Guarantee Program

7.1 For greater certainty,

section 3 of the Innkeepers Act does not apply with

respect to cattle enrolled in the Ontario Feeder Cattle Loan Guarantee Program

established under this Act.

Innkeepers

Act

Section 3 of the Innkeepers Act is amended by

adding the following subsection:

Non-application

— Ontario Feeder Cattle Loan Guarantee Program

(5) This

section does not apply with respect to cattle enrolled in the Ontario Feeder

Cattle Loan Guarantee Program established under the Ministry

of Agriculture, Food and Rural Affairs Act .

Commencement

This

Schedule comes into force on the day the Less Red

Tape, Stronger Ontario Act, 2023 receives Royal Assent.

SCHEDULE 5

OIL, GAS AND SALT RESOURCES ACT

(1) The definition of “Minister” in subsection 1 (1) of the Oil, Gas and Salt Resources Act is repealed and the

following substituted:

“Minister”

means the Minister of Natural Resources and Forestry or such other member of

the Executive Council to whom responsibility for the administration of this Act

is assigned or transferred under the Executive Council Act ;

(“ministre”)

(2) The

definition of “Ministry” in subsection 1 (1) of the Act is repealed and the

following substituted:

“Ministry”

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

Subsection 11 (1.1) of the Act is repealed.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, Stronger Ontario Act, 2023 receives Royal Assent.

SCHEDULE 6

ONTARIO ENERGY BOARD ACT, 1998

Paragraph 2 of subsection 99 (1) of the Ontario Energy

Board Act, 1998 is amended by striking out “and who is exempted from the

requirement to obtain leave by the Board under

section 95 or a regulation made

under clause 127 (1) (f)” at the end and substituting “and who is exempted under

this Act from the requirement to obtain leave”.

Paragraph 2 of subsection 101 (1) of the Act is amended by striking out “under

section 95” and substituting “under this Act”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, Stronger Ontario Act, 2023 receives Royal Assent.

SCHEDULE 7

ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS CORPORATION ACT, 2023

Interpretation

this Act,

“Minister”

means the Solicitor General or such other member of the Executive Council as

may be assigned the administration of this Act under the Executive

Council Act ; (“ministre”)

“Society”

means the Ontario Society for the Prevention of Cruelty to Animals. (“Société”)

Ontario

Society for the Prevention of Cruelty to Animals continued

The

Ontario Society for the Prevention of Cruelty to Animals, a body corporate

incorporated by

An Act to Incorporate the Ontario Society

for the Prevention of Cruelty to Animals , being

chapter 124 of the

Statutes of Ontario, 1919, is continued as a corporation without share capital

under the name Ontario Society for the Prevention of Cruelty to Animals in

Regulations

(1) The

Minister may make regulations,

(

a) governing

any matters related to the governance of the Society, including prescribing,

(

i) the

purposes of the Society,

(ii) the

membership of the Society,

(iii) the

composition, powers and operation of the board of directors of the Society,

(iv) the

capacity, rights, powers and privileges of the Society,

(

v) the

dissolution of the Society, including the distribution of any remaining

property of the Society on dissolution,

(vi) any

other matters related to the constitution and management of the Society;

(

b) governing

any transitional matters that may arise due to the continuation of the Society

or the enactment of this Act.

Retroactive

(2) A

regulation made under this

section is, if it so provides, effective with

reference to a period before it is filed.

Repeal

of Act

This

Act is repealed.

Commencement

(1) Except as otherwise provided in this section, the Act set out in

this

Schedule comes into force on the day the Less Red

Tape, Stronger Ontario Act, 2023 receives Royal Assent.

(2) Sections

1 to 3 are deemed to have come into force on January 1, 2020.

(3) Section

4 comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

The

short title of the Act set out in this

Schedule is the Ontario Society for the Prevention of Cruelty to Animals

Corporation Act, 2023 .

SCHEDULE 8

PROVINCIAL OFFENCES ACT

Section 11 of the Provincial Offences Act is

repealed and the following substituted:

Reopening

Application

to strike out conviction

(1) A

defendant who was convicted without a hearing may, within 15 days after

becoming aware of the conviction, make an application to have the conviction

struck out by completing the prescribed form and filing it in the office of the

court.

Striking

out the conviction

(2) On

application under subsection (1), the clerk of the court shall strike out the

conviction if satisfied by affidavit of the defendant or on other evidence or

information that, through no fault of the defendant, the defendant,

(

a) was

unable to attend a meeting under

section 5.1;

(

b) was

unable to appear for a hearing; or

(

c) did

not receive delivery of a notice or document relating to the offence.

Review

by justice

(3) If

the clerk of the court does not strike out the conviction, the clerk shall

forward the application to a justice for review, who shall strike out the

conviction if the justice determines that the requirements in subsection

(2) have been met.

Notice

if conviction struck out

(4) If

a conviction is struck out under subsection (2) or (3), the clerk of the court

shall give notice,

(

a) to

the defendant of the time and place to appear under

section 7, if the offence

notice does not indicate that the option of a meeting under

section 5.1 is

available and the defendant wishes to proceed under

section 7;

(

b) to

the defendant and the prosecutor of the time and place of their meeting under

section 5.1, if the offence notice indicates that the option of a meeting under

that

section is available and the defendant wishes to proceed under that

section; or

(

c) to

the defendant and the prosecutor of the time and place of the trial.

Rescheduling

time of trial

(5) The

clerk of the court may, for administrative reasons, reschedule the time of the

trial by giving a revised notice to the defendant and the prosecutor within 21

days after giving the notice referred to in clause (4) (c).

Certificate

(6) A

justice or a clerk of the court who strikes out a conviction under this

section

shall give the defendant a certificate of the fact in the prescribed form.

Transition

(7) For

greater certainty, this

section applies with respect to a conviction entered

before the day

section 1 of

Schedule 8 to the Less Red

Tape, Stronger Ontario Act, 2023 came into force, unless, before that

day,

(

a) an

application to strike out the conviction was made under this section, as it

then read; and

(

b) the

application was examined by a justice.

Protect,

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

Subsections 1 (2) and 2 (1) of

Schedule 39 to the Protect,

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

repealed.

Stronger,

Fairer Ontario Act (Budget Measures), 2017

Sections 3, 4 and 6 of

Schedule 35 to the Stronger, Fairer

Ontario Act (Budget Measures), 2017 are repealed.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Less Red Tape, Stronger

Ontario Act, 2023 receives Royal Assent.

(2) Section

1 comes into force on the day that is six months after the day the Less Red Tape, Stronger Ontario Act, 2023 receives Royal

Assent.

SCHEDULE 9

WORKPLACE SAFETY AND INSURANCE ACT, 1997

The definition of “health care practitioner” in subsection 2 (1) of the Workplace Safety and Insurance Act, 1997 is amended by

striking out “a drugless practitioner regulated under the Drugless

Practitioners Act ”.

Subsection 53 (4) of the Act is repealed and the following substituted:

Learner

or student

(4) The

Board shall consider such criteria as may be prescribed in determining the

average earnings of a worker who is a learner or student.

Apprentice

(4.1) Despite

anything in this section, the Board shall determine the average earnings of a

worker who is an apprentice as follows:

1. The

average earnings are an amount equal to the average earnings of a journeyperson

employed by the employer in the same trade as that in which the worker was

working at the time of the injury.

2. If

the worker’s employer did not employ a journeyperson in the same trade as that

in which the worker was working at the time of the injury, the average earnings

are an amount equal to the average earnings of a journeyperson employed in the

employer’s locality in the same trade at the time of the injury.

Section 159 of the Act is amended by adding the following subsection:

Exception

(6.1) The

requirement in subsection (6) to obtain the approval of the Lieutenant Governor

in Council does not apply to the acquisition and disposition of real property

by lease.

Subsection 162 (4) of the Act is amended by striking out “and in no case shall

more than two months elapse between meetings of the board of directors” at the

end and substituting “at least four times in each year”.

(1) Subsection 166 (1) of the Act is repealed and the following

substituted:

Memorandum

of understanding

(1) The

Board and the Minister shall be parties to a memorandum of understanding that

shall contain only such terms as may be directed by the Minister.

Same,

review

(1.1) The

Board and the Minister shall review the memorandum of understanding every five

years from the later of the date that the memorandum of understanding is signed

by the parties and the date a letter of affirmation is signed by the parties,

or on such earlier date as the Minister may direct.

Same,

amendment

(1.2) Following

a review under subsection (1.1), the Minister may direct that the memorandum of

understanding be amended on such terms as the Minister directs.

(2) Paragraph

1 of subsection 166 (2) of the Act is repealed.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, Stronger Ontario Act, 2023 receives Royal Assent.

Bill 46 Original (PDF)