Stronger, Fairer Ontario Act (Budget Measures), 2017 — Bill 177 (41st Parliament, 2nd Session)

Bill 177, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Bill 177

An Act to implement Budget measures and to enact and amend various statutes The Hon. C. Sousa Minister of Finance Government Bill 1st Reading November 14, 2017 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE

SCHEDULE 1 BROADER PUBLIC SECTOR EXECUTIVE COMPENSATION ACT, 2014 Subsections 4 (1) and (2) of the Broader Public Sector Executive Compensation Act, 2014 set out the employees and office holders to whom the Act applies as designated executives. Subsection 4 (4) of the Act creates an exception for employees and office holders who are represented by specified organizations for the purpose of collective bargaining in relation to employment-related compensation. The

Schedule repeals subsection 4 (4) of the Act.

Section 6 of the Act authorizes the Lieutenant Governor in Council to make regulations establishing one or more compensation frameworks governing design ated employers and designated executives. The

Schedule provides that a compensation framework may authorize a Minister to make a particular specified decision that, in the opinion of the Minister, is appropriate, on a case-by-case basis.

SCHEDULE 2 BUILDING CODE ACT, 1992 The

Schedule makes various amendments to the Building Code Act, 1992. Some of the key amendments include the following: 1. The

Schedule amends

section 1.1 of the Act to set out the role of building owners and persons conducting building condition evaluations. The roles of chief building officials and inspectors are also amended to specify that their roles include exercising powers and performing duties in an independent manner. (See

section 2 of the Schedule.) 2. Subsection 12 (1) of the Act currently authorizes an inspector to enter upon land and into buildings without a warrant where there is a permit or an application for a permit in r espect of the building or site. This provision is amended to allow such entry, regardless of whether a permit is involved, if the inspector is entering to determine whether or not the Act, the building code or an order under the Act is being complied with, subject to the limitations set out in

section 16 of the Act on the power to enter a dwelling. (See

section 6 of the Schedule.) 3. The

Schedule amends various provisions relating to the posting of orders made under the Act to authorize making copies of the orders available to the public and registering the copies in the proper land registry office. The existing orders affected are those authorized under the following sections of the Act: sections 12 (compliance), 13 (do not cover or enclose), 14 (stop work), 15.9 (unsafe building), 15.10 (emergency), 15.10.1 (maintenance). 4.

New provisions are added to au thorize the imposition of administrative penalties on specified persons by municipalities, designated enforcement persons and inspectors in specified circumstances. (See sections 10, 19 and 23 of the Schedule.) 5. The Lieutenant Governor in Council is aut horized to make regulations establishing building condition evaluation programs and prescribing buildings and parts of buildings that are subject to such programs. Building owners are required to maintain and operate such a building or part of a building in accordance with the Act and the building code.

Building owners are also required to ensure that an evaluation occurs in accordance with the Act and the building code. The Act provides for the inspection of buildings that are subject to a building conditi on evaluation program and authorizes the inspector to make orders. Requirements related to the service and posting of orders are set out, and the orders are also required to be made available to the public and registered in th e proper land registry office.

The Act also requires a principal authority to provide information regarding such a building to prescribed persons upon request and to adopt and maintain a written complaints policy regarding the program. (See

section 15 of the Schedule.) 6. The Act is a mended to make it an offence for a person to perform the functions of a chief building official, an inspector, a registered code agency, a designer or another person referred to in

section 15.11 or 15.12 of the Act without meeting the qualification and registration requirements . A similar offence is added in respect of a person conducting a building condition evaluation. (See sections 16 and 17 of the Schedule.) 7. Various regulation -making powers are provided for, including the power for the Lieutenant Go vernor in Council to make regulations governing a continuing education and professional development program for chief building officials, inspectors, registered code agencies, designers and other persons. (See

section 24 of the Schedule.) 8. The maximum penalty that may be imposed on a corporation convicted of an offence under the Act is increased from $100,000 to $500,000 i n the case of a first offence. In the case of a subsequent offence, the maximum penalty is increased from $200,000 to $1,500,000. (See

section 25 of the Schedule.)

SCHEDULE 3 CHILD CARE AND EARLY YEARS ACT, 2014 The Child Care and Early Years Act, 2014 is amended to provide that a child care provider’s own children who are under 6 years old are not required to be counted in certain situations.

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SCHEDULE 4 CHILD, YOUTH AND FAMILY SERVICES ACT, 2017

Section 98 of the Child, Youth and Family Services Act, 2017 provides that the court may order that one or more persons undergo an assessment. The

Schedule amends clause 98 (14) (

b) of the Act to correct a

section reference error. The correction allows for the report of an assessment to be admissible in a proceeding brought on behalf of a child for recovery because of abuse.

SCHEDULE 5 CITY OF OTTAWA ACT, 1999 The

Schedule amends the City of Ottawa Act, 1999. It recognizes Ottawa’s bilingual character. It requires Ottawa to make a by-law for bilingual administration and services. It clarifies that an existing Ottawa by -law respecting bilingualism is such a by-law.

SCHEDULE 6 CITY OF TORONTO ACT, 2006 The

Schedule amends the

section of the City of Toronto Act, 2006 that provides for the vacant unit rebate program. Among other things, certain rules about applications under the program are amended. The City may impose additional or alternate requirements for the program. The Minister is given additional powers to make regulations with respect to the program, including prescribing how the amount of a tax rebate with respect to a property is to be shared by the City and the school boards that share in the revenue from the taxes on the property. A regulation in respect of the program may be retroactive.

Section 291 of the Act currently provides that property tax increases may be capped for business properties and that adjustments may be made by regula tion for changes in municipal taxes.

Section 291 of the Act is amended to allow such adjustments to be made in respect of changes in school taxes as well. The

Schedule also repeals an amendment that is not yet in force.

SCHEDULE 7 COMMODITY FUTURES ACT The

Schedule amends the Commodity Futures Act. The purposes of the Act are expanded to include contributing to the stability of the financial system and the reduction of systemic risk. Market participants are required to keep certain prescribed records and may be required to deliver them to the Commission.

Section 54.1 is amended to add a procedure for an employee to complain to an arbitrator or to the court if the employee has been subject to a reprisal prohibited by that section. Subsection 60 (7) is amended so that the Commission is permitted to extend additional types of temporary orders. Accessibility amendments are made to the

Schedule to the Act.

SCHEDULE 8 COMMUNITY SMALL BUSINESS INVESTMENT FUNDS ACT, 1992 Technical amendments are made to subsection 27 (2.1) of the Community Small Business Investment Funds Act, 1992, which governs the calculation of tax credits that a labour sponsored investment fund corporation is required to repay if the corporation winds up, dissolves or surrenders i ts registration under the Act. The amendments are made retroactive to December 15, 2009.

SCHEDULE 9 CO-OPERATIVE CORPORATIONS ACT The

Schedule amends the Co-operative Corporations Act. Here are some highlights: 1. In various provisions of the Act, authorities and respon sibilities of the Superintendent of Financial Services are changed to be authorities and responsibilities of the Minister. 2. The Minister is given the ability to delegate duties and powers under the Act to any person, subject to any restrictions set out in the delegation. 3.

Various provisions of the Act dealing with the issuance of certificates are re- enacted such that the power to decide whether a certificate should be issued is separated from the power to issue the certificate. 4. Technical changes are made in connection with the Not-for-Profit Corporations Act, 2010.

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SCHEDULE 10 CORPORATIONS ACT The

Schedule amends the Corporations Act. Currently, under subsection 148 (3) of the Act, mutual insurance corporations, all the members of which are mutual or cash - mutual corporations, may be incorporated for the purpose of reinsuring contracts of insurance. The Act is amended to allow such corporations to be incorporated for the purposes of both reinsuring contracts of insurance and undertaking and transacting specified classes of insurance. Amendments are made to sections 157, 162 and 163 respecting members of such corporations and their right to vote and participate in the corporations’ proceedings.

SCHEDULE 11 CROWN EMPLOYEES COLLECTIVE BARGAINING ACT, 1993 The Crown Employees Collective Bargaining Act, 1993 is amended to change the number of alternate chairs on the Grievance Settlement Board from two alternate chairs to one.

SCHEDULE 12 EDUCATION ACT The

Schedule amends the Education Act to take the existing provincial and demonstration schools known as Centre Jules - Léger and give them to a new not-for-profit called the Centre Jules-Léger Consortium. Half of the Consortium’s members are appointed by the Association des conseils scolaires des écoles publiques de l’Ontario from among the members of French - language public district school boards, and half are appointed by the Association franco -ontarienne des conseils scolaires catholiques from among the members of French -language separate dis trict school boards.

The members are appointed with consideration to geographic representation. The objects of the Consortium are to maintain and operate the Centre Jules -Léger schools, to provide resources and consultation to French -language district scho ol boards respecting pupils who are deaf or hard of hearing, are blind or have low vision, are deafblind or have a learning disability, and to provide outreach and home -visiting services to parents of preschool children. The Minister may add additional objects by regulation.

The Consortium has many of the powers and duties of a school board, and operates in a similar fashion to a school board. The

Schedule also permits the Minister, subject to the approval of the Lieutenant Governor in Council, to make regulations governing meals and lodging at the Centre Jules -Léger schools and at all the provincial and demonstration schools, and the

Schedule provides for inspection and enforcement of the regulations. Consequential amendments are made to the Limitations Act, 2002, the Ombudsman Act, the Provincial Advocate for Children and Youth Act, 2007 and the School Boards Collective Bargaining Act, 2014. The amendments to the School Boards Collective Bargaining Act, 2014 provide that the Consortium has a teachers’ b argaining unit and an occasional teachers’ bargaining unit, with L’Association des enseignantes et des enseignants franco -ontariens designated as bargaining agent for those teachers; that the Consortium’s employer bargaining agency for the purposes of cent ral bargaining is a council of L’Associatio

Document details

Collection	Ontario — Bills
Citation	Bill 177, 41-2
Type	bill
Volume / chapter	p41 s2 bill 177 bill text 41 2 en b177 e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	43456f9884de34a8930a2c8eadc95c91a2a04abb

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