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Bill 159, Rebuilding Consumer Confidence Act, 2020

Thompson, Hon. Lisa M. Minister of Government and Consumer Services

Royal Assent received. Statutes of Ontario 2020,

chapter 14

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Bill 159 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 159 and does not form part of the law.

Bill 159 has been enacted as

Chapter 14 of the Statutes of Ontario, 2020.

Schedule

Condominium Act, 1998

Various

amendments are made to the Condominium Act, 1998 .

Among the amendments:

1. Changes

are made to the Minister’s powers with respect to the members of the board of

the condominium authority. For example, the Minister may provide that no more

than a fixed percentage of members of the board of directors shall be drawn

from among the persons or classes of persons specified in the order.

2. The

Minister may consult with the condominium authority about proposed legislative

or policy changes.

3. The

provisions regarding the liability of the condominium authority and of the

Crown are modified to increase consistency among related pieces of legislation.

4. The

Minister may require the condominium authority to make publicly available

information relating to compensation and other payments made to its directors,

officers and employees.

5. The

Minister may appoint an administrator of the condominium authority, subject to

certain limitations.

Schedule

Condominium Management Services Act, 2015

The

Condominium Management Services Act, 2015 is

amended to reflect the fact that this Act will become “designated legislation”

for the purposes of the Safety

and Consumer Statutes Administration Act, 1996 .

Also,

the Minister may delegate some or all regulation-making power to the

administrative authority subject to approval of the Minister.

Schedule

Consumer Protection Act, 2002

The

Schedule amends the Consumer Protection Act, 2002

to add an administrative penalty scheme and to make related amendments.

Amendments are also made to sections 111, 112 and 114 of the Act in relation to

the enforcement of requirements under the Act.

SChedule

New Home Construction Licensing Act, 2017

The

Schedule amends the New Home Construction Licensing Act,

2017 . The majority of the amendments have the effect of permitting the

regulatory authority under the Act to interact with the Corporation designated

under the Ontario New Home Warranties Plan Act as

applicable while that Act is in force. The provisions regarding the liability

of the regulatory authority and the Crown are modified to increase consistency

among related pieces of legislation. Other technical amendments are made,

including amendments relating to the administrative agreement between the

Minister and the regulatory authority and amendments relating to the

regulation-making powers in the Act.

Schedule

Ontario New Home Warranties Plan Act

The

Schedule amends the Ontario New Home Warranties Plan Act .

Previous

amendments to the Act provided for the Act’s repeal. The

Schedule provides that

different provisions of the Act may be repealed on different dates by

proclamation of the Lieutenant Governor. The

Schedule amends the Act to provide

for this phased repeal. The majority of the amendments have the effect of

permitting the Corporation designated under the Act to interact, while the Act

is in force and as applicable, with the regulatory authority under the New Home Construction Licensing Act, 2017 .

Amendments

are made to allow the Lieutenant Governor in Council to revoke the designation

of the Corporation by regulation. The Lieutenant Governor in Council’s

regulation-making powers in the Act are expanded.

Amendments

are made relating to the entering into of an administrative agreement between

the Minister and the Corporation. Failure to enter into an administrative

agreement in accordance with the Act is added as a reason for which the

Minister may appoint an individual as an administrator of the Corporation for

the purposes of assuming control of it and responsibility for its activities.

The

provisions regarding the liability of the Corporation and of the Crown are

modified to increase consistency among related pieces of legislation.

Other

technical and complementary amendments are made.

Schedule

Resource Recovery and Circular Economy Act, 2016

The

Resource Recovery and Circular Economy Act, 2016 is amended to

permit the Minister to appoint the chair of the board of directors of the Resource

Productivity and Recovery Authority.

The

Minister may also require the Authority to make publicly available information

relating to compensation and other payments made to its directors, officers and

employees.

Schedule

Retirement Homes Act, 2010

The

Retirement Homes Act, 2010 is amended. Among the

amendments:

1. The

powers of the Minister to establish rules concerning who may be a member of the

board of directors of the Retirement Homes Regulatory Authority (“the

Authority”) are modified, including providing a power to require that no more

than a fixed percentage of members of the board shall be drawn from among the

persons or classes of persons specified in the order.

2. It

is provided that a Minister’s order prevails over a memorandum of understanding

with the Authority and the Authority’s by-laws and resolutions.

3. The

Authority’s objects are amended to include suggesting amendments to

legislation.

4. The

Authority is required to promptly inform and advise the Minister with respect

to information that could affect its ability to perform its duties, and about

matters that likely require the Minister’s action.

5. The

Act is amended to allow the Minister to issue an order requiring the Authority

to make available to the public information respecting compensation it pays to

its board, officers and employees.

6. The

Minister is required to publish orders that the Minister makes under the Act.

7. The

rules governing Crown liability are modified to increase standardization with

other legislation.

8. The

Authority is prohibited from engaging in commercial activity through related

individuals, corporations or entities.

Various

other amendments are made.

Schedule

Safety and Consumer Statutes Administration Act, 1996

Various

amendments are made to the Safety and Consumer Statutes

Administration Act, 1996 . Among the amendments:

1. Designated

administrative authorities are prohibited from engaging in commercial activity

through a related individual, corporation or other entity.

2. Changes

are made to the Minister’s powers with respect to the members of the board of

designated administrative authorities. For example, the Minister may provide

that no more than a fixed percentage of members of the board shall be drawn

from among the persons or classes of persons specified in the order.

3. Designated

administrative authorities are required to advise the Minister about

information that could affect their ability to perform their duties and about other

urgent and crucial matters.

4. The

provisions regarding the liability of designated administrative authorities and

of the Crown are modified to increase consistency among related pieces of

legislation.

5. It

is provided that persons have the right to deal with designated administrative

authorities in French, subject to certain limitations.

6. The

Minister may require designated administrative authorities to make publicly

available information relating to compensation and other payments made to their

directors, officers and employees.

7. The

Minister may appoint an administrator of a designated administrative authority,

subject to certain limitations.

8. The

Condominium Management Services Act, 2015 is made

designated legislation for the purposes of the Act.

9. The

Delegated Administrative Authorities Act, 2012 is

repealed.

Schedule

Technical Standards and Safety Act, 2000

Various

amendments are made to the Technical Standards and Safety

Act, 2000 . Among the amendments:

1. The

Technical Standards and Safety Authority (the “Corporation”) is prohibited from

engaging in commercial activity through a related individual, corporation or

other entity.

2. Changes

are made to the Minister’s powers with respect to the members of the board of

the Corporation. For example, the Minister may provide that no more than a

fixed percentage of members of the board shall be drawn from among the persons

or classes of persons specified in the order, and may set competency criteria

for members.

3. The

Corporation is required to advise the Minister about information that could

affect its ability to perform its duties and about other urgent and crucial

matters.

4. The

provisions regarding the liability of the Corporation and of the Crown are

modified to increase consistency among related pieces of legislation.

5. It

is provided that persons have the right to deal with the Corporation in French,

subject to certain limitations.

6. The

Minister may require the Corporation to make publicly available information

relating to compensation and other payments made to its directors, officers and

employees.

7. Changes

are made regarding the consequences of the Minister appointing an administrator

of the Corporation, and the Minister’s ability to appoint an administrator is

made subject to certain limitations.

Schedule

Ticket Sales Act, 2017

The

Schedule amends the Ticket Sales Act, 2017 to require ticket businesses

to ensure that the ticket purchaser is offered a ticket, and charged, in

Canadian currency.

Bill 159 2020

Act to amend various statutes in respect of consumer protection

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Condominium

Act, 1998

Schedule 2

Condominium

Management Services Act, 2015

Schedule 3

Consumer

Protection Act, 2002

Schedule 4

New

Home Construction Licensing Act, 2017

Schedule 5

Ontario

New Home Warranties Plan Act

Schedule 6

Resource

Recovery and Circular Economy Act, 2016

Schedule 7

Retirement

Homes Act, 2010

Schedule 8

Safety

and Consumer Statutes Administration Act, 1996

Schedule 9

Technical

Standards and Safety Act, 2000

Schedule 10

Ticket

Sales Act, 2017

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and the

Schedules to this Act.

Commencement

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

(2) The

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

(3) If

a

Schedule to this Act provides that any of its 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 Rebuilding

Consumer Confidence Act, 2020 .

Schedule 1

Condominium Act, 1998

Subsection 1.2 (2) of the Condominium Act, 1998 is

amended by adding the following paragraph:

3.1 The

financial terms of the delegation, including payments to the Crown, licence

fees, royalties and reimbursements for transfer of assets.

The Act is amended by adding the following section:

Consultation

1.3.1 The Minister may

consult with the condominium authority about proposed legislative or policy

changes that may affect the authority and its activities.

(1) Section 1.5 of the Act is amended by adding the following

section:

Reviews,

(1.1) The

requires under subsection (1).

(2) Subsection

1.5 (2) of the Act is amended by adding “or agents” after “the employees”.

Section 1.6 of the Act is repealed and the following substituted:

Conflict

1.6 The following rules

apply respecting conflicts that may arise in applying this Part,

Part I.2 and

the regulations:

1. This

Part,

Part I.2, the regulations and the delegated provisions prevail over the administrative

agreement and the condominium authority’s constating documents, by-laws and

resolutions.

2. An

order made under subsection 1.6.1 (1), 1.9 (1), 1.10 (4) or 1.13.2 (1) or

section 1.11 prevails over the administrative agreement and the condominium

authority’s constating documents, by-laws and resolutions.

3. This

Part,

Part I.2 and the regulations prevail over the Corporations

Information Act .

Minister’s

authority to appoint administrator

1.6.1

(1) Subject

section 1.8, the Minister may, by order, appoint an individual as an

administrator of the condominium authority for the purposes of assuming control

of it and responsibility for its activities.

Notice

of appointment

(2) The

Minister shall give the condominium authority’s board of directors the notice

that the Minister considers reasonable in the circumstances before appointing

the administrator.

Immediate

appointment

(3) Subsection

(2) does not apply if there are not enough members on the board to form a

quorum.

Term

of appointment

(4) The

appointment of the administrator is valid until the Minister makes an order

terminating it.

Powers

and duties of administrator

(5) Unless

the order appointing the administrator provides otherwise, the administrator

has the exclusive right to exercise all the powers and perform all the duties

of the directors, officers and members of the condominium authority.

Same

(6) In

the order appointing the administrator, the Minister may specify the

administrator’s powers and duties and the conditions governing them.

Right

of access

(7) The

administrator has the same rights as the board in respect of the condominium

authority’s documents, records and information.

Report

to Minister

(8) The

administrator shall report to the Minister as the Minister requires.

Minister’s

directions

(9) The

Minister may issue directions to the administrator with regard to any matter

within the administrator’s jurisdiction, and the administrator shall carry them

out.

personal liability

(10) No

action or other proceeding shall be instituted against the administrator or a

former administrator for,

(

a) any

act done in good faith in the exercise or performance or intended exercise or

performance of a duty or power under this Act, the regulations made under this

Act, a Minister’s order or the appointment under subsection (1), or,

(

b) any

neglect or default in the exercise or performance in good faith of a duty or

power described in clause (a).

Crown

liability

(11) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (10) of this

section does not relieve the Crown of

liability to which it would otherwise be subject.

Liability

of condominium authority

(12) Subsection

(10) does not relieve the condominium authority of liability to which it would otherwise

be subject.

Status

of board during administrator’s tenure

1.6.2

(1) On the

appointment of an administrator under

section 1.6.1, the members of the board

of directors of the condominium authority cease to hold office, unless the

order provides otherwise.

Same

(2) During

the term of the administrator’s appointment, the powers of any member of the

board who continues to hold office are suspended, unless the order provides

otherwise.

personal liability

(3) No

action or other proceeding shall be instituted against a member or former

member of the board of the condominium authority for any act, neglect or

default done by the administrator or the condominium authority after the

member’s removal under subsection (1) or while the member’s powers are suspended

under subsection (2).

Crown

liability

(4) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (3) of this

section does not relieve the Crown of

liability to which it would otherwise be subject.

Liability

of condominium authority

(5) Subsection

(3) does not relieve the condominium authority of liability to which it would

otherwise be subject.

(1) Subsection 1.7 (1) of the Act is amended by striking out “revoke

the designation” and substituting “revoke or restrict the scope of the

designation”.

(2) Subsection

1.7 (2) of the Act is amended by striking out “revoke the designation” in the

portion before clause (

a) and substituting “revoke or restrict the scope of the

designation”.

(3) Subsections

1.7 (4) and (5) of the Act are repealed and the following substituted:

Revocation

on request

(4) The

Lieutenant Governor in Council may, by regulation, revoke or restrict the scope

of the designation of the condominium authority on the terms that the

Lieutenant Governor in Council considers advisable in the public interest if

the authority requests the revocation or restriction.

Non-application

of SPPA

(5) The

Statutory Powers Procedure Act does not apply to

the exercise by the Lieutenant Governor in Council of a right under this

section to revoke or restrict a designation.

Transition

(6) If

the Lieutenant Governor in Council revokes or restricts the designation of the

condominium authority under this section, the Lieutenant Governor in Council

may, by regulation, provide for any transitional matter necessary for the

effective implementation of the revocation or restriction, including,

(

a) the

transfer, without compensation, of any property, including assets, liabilities,

rights, obligations, records, databases, bank accounts and money, that the

condominium authority holds in respect of carrying out its activities under the

Act, a regulation and the administrative agreement; and

(

b) the

assignment, without compensation, of any contracts that the authority has

entered into before the revocation.

Crown liability

(7) No

cause of action arises against the Crown, a minister of the Crown, a Crown

employee or a Crown agent as a direct or indirect result of the revocation or

restriction of the designation of the condominium authority or any regulation

made under subsection (6).

proceeding

(8) No

proceeding, including but not limited to any proceeding in contract,

restitution, tort or trust, shall be instituted against the Crown, a minister

of the Crown, a Crown employee or a Crown agent by a person who has suffered

any damages, injury or other loss based on or related to any cause of action

described in subsection (7).

(1) Section 1.8 of the Act is amended by striking out “1.3 (1) or

1.24 (1)” in the portion before paragraph 1 and substituting “1.3 (1), 1.6.1

(1) or 1.24 (1)”.

(2) Paragraph

3 of

section 1.8 of the Act is amended by striking out “is insolvent” at the

end and substituting “is facing a risk of insolvency”.

Subsection 1.9 (3) of the Act is repealed.

(1) Subsection 1.10 (1) of the Act is amended by adding “at

pleasure” after “may appoint”.

(2) Section

1.10 of the Act is amended by adding the following subsection:

Percentages

of board members

(4) The

Minister may, by order, provide that no more than a fixed percentage of members

of the board of directors shall be drawn from among the persons or classes of

persons specified in the order.

Section 1.13 of the Act is repealed and the following substituted:

Public

access to corporate by-laws

1.13 The condominium

authority shall make its corporate by-laws available on its website and by any

other means that the condominium authority determines,

(

a) within

the time and manner specified in the administrative agreement; or

(

b) within

10 days after the by-laws are made by the board of directors, if no time is

specified in the administrative agreement.

Public

access to information

1.13.1 The condominium

authority shall follow the prescribed processes and procedures, if any, with

respect to providing access to the public to records of the authority and with

respect to managing personal information contained in those records.

Disclosure

of compensation and other payments

1.13.2

(1) The

Minister may, by order, require the condominium authority to make available to

the public, on its website and by any other means that the condominium

authority determines, any information specified by the Minister relating to,

(

a) the

compensation that the condominium authority pays to members of its board of

directors, its officers and its employees; and

(

b) any

other payments that the condominium authority makes or is required to make to

the persons mentioned in clause (a).

Information

for prior period

(2) An

order made under subsection (1) may require that the condominium authority make

available to the public information referred to in that subsection with respect

to a member of the board or one of its officers who was in office on the day

this

section came into force or an individual who was one of its employees on

that day, where the information is for a period that began before that day.

Effect

of compliance

(3) If

the condominium authority makes information available to the public in

accordance with an order made under subsection (1) or in the reasonable belief

that action is required by the order, no court, person or other entity shall

find that the condominium authority,

(

a) has

contravened any Act enacted or regulation made before or after this

section

came into force; or

(

b) is

in breach of or has contravened any agreement that purports to restrict or

prohibit that action, regardless of whether the agreement is made before or

after this

section came into force.

Definition

(4) In

this section,

“compensation”

means anything paid or provided, directly or indirectly, to or for the benefit

of a person who performs duties and functions that entitle the person to be

paid, and includes salary, benefits, perquisites and all forms of

non-discretionary and discretionary payments.

Sections 1.16 and 1.17 of the Act are repealed and the following substituted:

personal liability, employee of the Crown

1.16

(1) No

action or other proceeding shall be instituted against a current or former

employee of the Crown for,

(

a) any

act done in good faith in the exercise or performance or intended exercise or

performance of a duty or power under this Act, the regulations or a Minister’s

order; or

(

b) any

neglect or default in the exercise or performance in good faith of a duty or

power described in clause (a).

Tort

by employee of the Crown

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) of this

section does not relieve the Crown of

liability in respect of a tort committed by an employee of the Crown to which

it would otherwise be subject.

Crown liability

1.17

(1) No cause

of action arises against the Crown, a minister of the Crown, a Crown employee

or a Crown agent as a direct or indirect result of any act or omission of a

person who is not a minister of the Crown, a Crown employee or a Crown agent if

the act or omission is related, directly or indirectly, to the exercise or

performance or intended exercise or performance of a duty or power under this

Act, the regulations or a Minister’s order.

proceeding

(2) No

proceeding, including but not limited to any proceeding in contract,

restitution, tort or trust, shall be instituted against the Crown, a minister

of the Crown, a Crown employee or a Crown agent by a person who has suffered

any damages, injury or loss based on or related to any cause of action

described in subsection (1).

Application

(3) Without

limiting the generality of subsection (2), that subsection applies to any

action or other proceeding claiming any remedy or relief, including specific

performance, injunction, declaratory relief, any form of compensation or

damages, including loss of revenue and loss of profit, or any other remedy or

relief, and includes a proceeding to enforce a judgment, order or award made by

a court, tribunal or arbitrator outside of Canada.

Same,

revocation or restriction

(4) Section

1.16 and subsections (1) to (3) of this

section apply, with necessary

modifications, in respect of a direct or indirect result of the revocation or

restriction of a designation under

section 1.7 or any regulation made under

subsection 1.7 (6).

Section 1.18 of the Act is repealed and the following substituted:

Indemnification

of the Crown

1.18 The condominium

authority shall indemnify the Crown, in accordance with the administrative

agreement, in respect of damages and costs incurred by the Crown for any act or

omission of the authority or its members, officers, directors, employees or

agents in the exercise or performance or intended exercise or performance of their

powers and duties under this Act, the regulations, a Minister’s order or the

administrative agreement, or for any act or omission otherwise

connected to this Act, the regulations, a Minister’s order or the

administrative agreement.

Section 1.19 of the Act is repealed and the following substituted:

personal liability, board members and others

1.19

(1) No

action or other proceeding shall be instituted against a person mentioned in

subsection (2), or someone who was formerly such a person, for

an act done in

good faith in the exercise or performance or intended exercise or performance

of any of the person’s powers or duties under this Act or the regulations or

for any neglect or default in the exercise or performance in good faith of such

a power or duty.

Same

(2) Subsection

(1) applies to,

(

a) the

Registrar;

(

b) deputy

Registrars appointed under subsection 9.1 (1);

(

c) members

of the board of directors of the condominium authority;

(

d) persons

who perform functions under this Act or the regulations as employees, agents or

officers of the condominium authority or as persons whose services it retains;

(

e) members

of committees of the condominium authority who perform functions under this Act

or the regulations; and

(

f) members

of the Condominium Authority Tribunal, if it has been established under

Part

I.2.

Liability

of condominium authority

(3) Subsection

(1) does not relieve the condominium authority of liability to which it would

otherwise be subject in respect of the acts or omissions of a person mentioned

in subsection (2).

Section 1.22 of the Act is repealed and the following substituted:

Annual

report

1.22

(1) The

board of directors of the condominium authority shall annually report to the

Minister on its activities and financial affairs as they relate to this Act,

the regulations and the administrative agreement.

Form

and contents

(2) The

report shall be in a form acceptable to the Minister and shall provide the

information that the Minister requires.

Disclosure

by board

(3) The

board of the condominium authority shall publish the report on its website and

by any other method within the period and in the manner the Minister requires.

Subsection 1.25 (4) of the Act is amended by adding “and to any exemptions that

may be provided for in the regulations” at the end.

Subsection 1.28 (1) of the Act is repealed and the following substituted:

Advice

of condominium authority

(1) The

condominium authority shall advise or report to the Minister, within the time

period that the Minister specifies, on any matter that the Minister refers to

it and that relates to this Part,

Part I.2 or the administration of the

delegated provisions.

The Act is amended by adding the following section:

Publication

of order

1.30.1 The Minister shall publish

any orders that the Minister makes under this Act on a website of the

Government of Ontario.

17 Clauses

2 (2.1) (

b) and (

c) of the Act are repealed and the following substituted:

(

b) the

builder, within the meaning of the New Home Construction

Licensing Act, 2017 , is licensed as a builder in respect of that project

under that Act; and

(

c) the

vendor, within the meaning of the New Home Construction

Licensing Act, 2017 , is licensed as a vendor in respect of that project

under that Act.

(1) Section

132 of the Act is amended by adding the following subsection:

Non-application

(4.1) Subsections

(1) and (4) do not apply to any matter in dispute for which a person may apply

for resolution under

section 1.36 to the Condominium Authority Tribunal

established under

Part I.2 if the Tribunal has been established under that

Part.

(2) Section

132 of the Act is amended by adding the following subsections:

order for permanent removal of person

(8) If

a disagreement is submitted to arbitration under this section, the arbitral

tribunal shall not make an award requiring a person to vacate a property

permanently.

Copy

of arbitration award

(9) If

a matter is submitted to arbitration under this section, the arbitral tribunal

that makes an award as part of the arbitration shall ensure that a copy of the

award is delivered to the following person or body within the prescribed time

period and in accordance with the regulations:

1. The

board of the condominium authority, if the authority exists.

2. The

Minister, if there is no condominium authority.

Same,

copy for public

(10) Upon

receiving a copy described in subsection (9), the board of the condominium

authority or the Minister, as the case may be, shall make it available to the

public in the prescribed manner.

(1) Section

134 of the Act is amended by adding the following subsections:

Notice

to owner

(2.1) Subject

to subsections (2.2) and (2.3), a person is not entitled to apply for an order

requiring an occupier of an owner’s unit or any or all of the invitees, agents

and employees of the owner or occupier to vacate a property permanently unless

the applicant gives reasonable notice of the application to the owner.

Service

of notice

(2.2) Despite

subsection 47 (4), if the applicant is not the corporation, the applicant shall

give the notice in the prescribed manner.

Exception,

no notice

(2.3) An

applicant is not required to give the notice described in subsection (2.1) in

the event of the circumstances that are prescribed, which may include an emergency

or other event.

(2) Section

134 of the Act is amended by adding the following subsection:

Non-application

(2.4) This

section does not apply to any matter in dispute for which a person may apply

for resolution under

section 1.36 to the Condominium Authority Tribunal

established under

Part I.2, if the Tribunal has been established under that

Part.

Subsection 177 (1) of the Act is amended by adding the following paragraph:

0.1.1 exempting

services from the application of

section 1.25;

Protecting

Condominium Owners Act, 2015

21 (1) Subsection

114 (6) of

Schedule 1 to the Protecting Condominium Owners

Act, 2015 is repealed.

(2) Subsection

116 (3) of

Schedule 1 to the Act is repealed.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Rebuilding Consumer Confidence Act, 2020

receives Royal Assent.

(2) Sections

11 and 16 to 19 come into force on a day to be named by proclamation of the

Lieutenant Governor.

Schedule 2

Condominium Management Services Act, 2015

(1) The

definitions of “administrative agreement” and “delegated

provisions” in subsection 1 (1) of the Condominium

Management Services Act, 2015 are repealed.

(2) The

definition of “administrative authority” in subsection 1 (1) of the Act is

repealed and the following substituted:

“administrative

authority” means the administrative authority designated under

section 3 of the

Safety and Consumer Statutes Administration Act, 1996

for the purpose of administering this Act; (“organisme d’application”)

The heading to

Part II of the Act is repealed and the following substituted:

Part

Officers

Sections 2 to 30 of the Act are repealed.

Section 33 of the Act is repealed.

Paragraph 5 of subsection 58 (4) of the Act is amended by adding “Despite

subsection 12 (1) of the Safety and Consumer Statutes

Administration Act, 1996 ” at the beginning.

Subsection 68 (1) of the Act is amended by striking out “other than the

administrative authority” in the portion before clause (a).

Section 77 of the Act is amended by adding the following subsections:

Delegation

(2.1) Despite

subsection 3 (4) of the Safety and Consumer Statutes

Administration Act, 1996 , the Minister may, by regulation, delegate to

the board of the administrative authority the power to make some or all of the

regulations under subsection (1), subject to the approval of the Minister.

Approval

(2.2) The

Minister may approve or refuse to approve the regulations but approval shall

not be given unless, in the Minister’s opinion, they have been made in

accordance with the consultation criteria and process set out in the

administrative agreement described in subsection 4 (1) of the Safety and Consumer Statutes Administration Act, 1996 .

Revocation,

transition

(2.3) The

Minister may, by regulation, revoke a delegation to the board of the

administrative authority under subsection (2.1), but the revocation of a

delegation does not result in the revocation of any regulation made by the

board of the administrative authority under the delegated power before the

revocation of the delegation, and the board’s regulation remains valid.

Residual

authority to act

(2.4) Despite

any delegation under this

section to the board of the administrative authority

and without having to revoke the delegation, the Minister continues to have

authority to make regulations in respect of the matter that is the subject of

the delegation.

Subsection 78 (4) of the Act is repealed and the following substituted:

Minister

and board regulations preserved

(4) The

Lieutenant Governor in Council may, by regulation, revoke a delegation to the

Minister under paragraph 26 of subsection (1), but the revocation of a

delegation does not result in the revocation of any regulation made by the

Minister under the delegated power, or by the board of the administrative

authority pursuant to a delegation by the Minister under subsection 77 (2.1),

and the Minister’s or board’s regulation remains valid.

Commencement

This

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

Lieutenant Governor.

Schedule 3

Consumer Protection Act, 2002

Section 1 of the Consumer Protection Act, 2002 is

amended by adding the following definition:

“administrative

penalty” means an administrative penalty imposed under

section 104.0.1;

(“pénalité administrative ” )

The Act is amended by adding the following Part:

Part

X.1

Administrative Penalties

Order

104.0.1

(1) If the Director is satisfied

that a person has contravened or is contravening a prescribed provision of this

Act or the regulations, the Director may, by order, impose an administrative

penalty against the person in accordance with this

section and the regulations

made by the Minister.

Purpose

(2) An

administrative penalty may be imposed under this

section for one or more of the

following purposes:

1. To

ensure compliance with this Act and the regulations.

2. To

prevent a person from deriving, directly or indirectly, any economic benefit as

a result of contravening a provision of this Act or the regulations.

Amount

(3) The

amount of an administrative penalty shall reflect the purposes of the penalty

and shall be the amount prescribed by the Minister, which amount shall not

exceed $50,000.

Form

of order

(4) An

order made under subsection (1) imposing an administrative penalty against a

person shall be in the form that the Director determines.

Absolute

liability

(5) An

order made under subsection (1) imposing an administrative penalty against a

person applies even if,

(

a) the

person took all reasonable steps to prevent the contravention on which the

order is based; or

(

b) at

the time of the contravention, the person had an honest and reasonable belief

in a mistaken set of facts that, if true, would have rendered the contravention

innocent.

effect on offences

(6) For

greater certainty, nothing in subsection (5) affects the prosecution of an

offence.

Other

measures

(7) Subject

section 104.0.3, an administrative penalty may be imposed alone or in

conjunction with the exercise of any measure against a person provided by this

Act or the regulations.

Limitation

(8) The

Director shall not make an order under subsection (1) more than two years after

the day the Director became aware of the person’s contravention on which the

order is based.

hearing required

(9) Subject

to the regulations made by the Minister, the Director is not required to hold a

hearing or to afford a person an opportunity for a hearing before making an

order under subsection (1) against the person.

Non-application

of other Act

(10) The

Statutory Powers Procedure Act does not apply to an

order of the Director made under subsection (1) of this section.

Appeal

104.0.2

(1) The person against whom an order

made under subsection 104.0.1 (1) imposes an administrative penalty may appeal

the order to the person designated under subsection (8)

of this

section by delivering a written notice of appeal to that person

within 15 days after receiving the order.

Extension

of time for appeal

(2) The

person designated under subsection (8) may extend the time period for appealing

and may determine the circumstances in which extensions are given.

Form

of notice

(3) The

notice of appeal shall be in the form that the person designated under

subsection (8) determines.

Filing

of notice

(4) The

person against whom the order imposing the administrative penalty is made shall

file the notice of appeal in the manner that the person designated under

subsection (8) determines.

Stay

(5) An

appeal commenced in accordance with subsection (1) operates as a stay of the

order until disposition of the appeal.

Opportunity

for submissions

(6) Before

disposing of an appeal, the person designated under subsection (8) shall give

the person against whom the order imposing the administrative penalty is made a

reasonable opportunity to make written submissions.

Powers

on appeal

(7) On

an appeal, the person designated under subsection (8) may confirm, revoke or

vary the order within the limits, if any, established by the regulations made

by the Minister.

Designation

of person to whom appeals made

(8) The

Minister shall designate a person to whom appeals may be made under this

section.

Non-application

of other Act

(9) The

Statutory Powers Procedure Act does not apply to an

appeal made under this section.

Effect

of paying penalty

104.0.3 If a person against whom an order imposing an

administrative penalty is made pays the penalty in accordance with the terms of

the order or, if the order is varied on appeal, in accordance with the terms of

the varied order, the person cannot be charged with an offence under this Act

in respect of the same contravention on which the order is based and no other

prescribed measure shall be taken against the person in respect of the same

contravention on which the order is based.

Enforcement

104.0.4

(1) If a person against whom an

order imposing an administrative penalty is made fails to pay the penalty in

accordance with the terms of the order or, if the order is varied on appeal, in

accordance with the terms of the varied order, the order may be filed with the Superior

Court of Justice and enforced as if it were an order of the court.

Date

of order

(2) For

the purposes of

section 129 of the Courts of Justice Act ,

the date on which the order is filed with the court shall be deemed to be the

date of the order.

Debt

due to Crown

(3) An

administrative penalty that is not paid in accordance with the terms of the

order imposing it or, if the order is varied on appeal, in accordance with the

terms of the varied order is a debt due to the Crown and is enforceable as such.

Subsection 105.3 (1) of the Act is amended by adding the following paragraph:

0.1

Section

104.0.1.

Subsection 111 (1) of the Act is repealed and the following substituted:

Compliance

order

(1) If

the Director believes on reasonable grounds that a person has engaged or is

engaging in any activity that contravenes any requirement under this Act,

whether the activity constitutes an offence or not, the Director may propose to

make an order directing the person to comply with the requirement.

Order

for refund

(1.1) For

greater certainty, if the Director proposes to make an order under subsection

(1) that a person comply with clause 96 (1) (a), the proposed order may specify

the amount of the refund described in that clause and include a direction to the

person to pay that amount.

(1) Subsection 112 (1) of the Act is amended by striking out “with

this Act” and substituting “with a requirement under this Act”.

(2) Section

112 of the Act is amended by adding the following subsection:

Order

for refund

(1.1) For

greater certainty, if the Director makes an order for immediate compliance

requiring that a person comply with clause 96 (1) (a), the order may specify

the amount of the refund described in that clause and include a direction to

the person to pay that amount.

Subsection 114 (1) of the Act is amended by adding the following clause:

(a.1) to

refund to a consumer who cancelled a consumer agreement any payment made under

the agreement or any related agreement;

(1) Subsection 119 (1) of the Act is repealed and the following

substituted:

Liens

and charges — administrative penalties and offences

(1) If

a fine payable as a result of a conviction for an offence under this Act or an

administrative penalty is in default for at least 60 days, the Director may by

order create a lien against the property of the person who is liable to pay the

fine or administrative penalty.

(2) Subsection

119 (3) of the Act is amended by adding “or administrative penalty” after

“fine”.

(3) Subsection

119 (5) of the Act is amended by adding “or administrative penalty” at the end.

(4) Subsection

119 (6) of the Act is amended by adding “or administrative penalty” after

“fine” in the portion before clause (a).

Clause 123 (1) (

a) of the Act is repealed and the following substituted:

(

a) prescribing

anything in this Act that is described as being prescribed, done in accordance

with the regulations or provided for in the regulations, other than a matter

that this Act describes as being prescribed by the Minister or provided for in

regulations made by the Minister;

Section 124 of the Act is repealed and the following substituted:

Minister’s

regulations

The

Minister may make regulations,

(

a) governing

any matter that this Act describes as being prescribed by the Minister or

provided for in regulations made by the Minister;

(

b) specifying

different administrative penalties for the contravention of different

prescribed provisions of this Act or the regulations, different portions of

those prescribed provisions or different prescribed requirements in those

prescribed provisions;

(

c) governing

the procedure for making an order under

section 104.0.1 for an administrative

penalty and the rights of the parties affected by the procedure, including the

time at which the order is deemed to be served on the person against whom the

order is made;

(

d) providing

that the prescribed amount of an administrative penalty mentioned in subsection

104.0.1 (3) shall be calculated on the basis specified in the regulation,

including an amount reflecting the number of transactions involved in the

contravention on which an order for the administrative penalty is based.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Rebuilding Consumer Confidence Act, 2020 receives

Royal Assent.

(2) Sections

1 to 3 and 7 to 9 come into force on a day to be named by proclamation of the

Lieutenant Governor.

SChedule 4

New Home Construction Licensing Act, 2017

(1) The definition of “builder” in subsection 1 (1) of the New Home Construction Licensing Act, 2017 is repealed and

the following substituted:

“builder”

has the same meaning as “builder” as defined in

section 1 of the Ontario New Home Warranties Plan Act ; (“constructeur”)

(2) The

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

following substituted:

“new

home” has the same meaning as “home” as defined in

section 1 of the Ontario New Home Warranties Plan Act ; (“logement neuf”)

(3) The

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

following substituted:

“owner”

has the same meaning as “owner” as defined in

section 1 of the Ontario New Home Warranties Plan Act ; (“propriétaire”)

(4) The

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

following substituted:

“vendor”

has the same meaning as “vendor” as defined in

section 1 of the Ontario New Home Warranties Plan Act ; (“vendeur”)

(5) The

definition of “warranty authority” in subsection 1 (1) of the Act is repealed

and the following substituted:

“warranty

authority” has the same meaning as “Corporation” as defined in

section 1 of the

Ontario New Home Warranties Plan Act . (“organisme de

garantie”)

Subsection 3 (3) of the Act is repealed and the following substituted:

Compliance

with operating principles

(3) In

addition to the terms required under subsection (2), the administrative

agreement shall require the regulatory authority to comply with the principles

of,

(

a) maintaining

a fair, safe and informed marketplace; and

(

b) promoting

the protection of the public interest.

(1) Subsection 4 (4) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

Content

of agreements

(4) The

information sharing agreements mentioned in subsection (3) shall include, at a

minimum, terms relating to the prescribed matters, which may include,

. . . .

(2) Subsection

4 (4) of the Act is amended by striking out “and” at the end of clause (l), by

adding “and” at the end of clause (

m) and by adding the following clause:

(

n) all

other content that is prescribed.

(3) Subsection

4 (5) of the Act is amended by striking out “An information sharing agreement”

at the beginning and substituting “The information sharing agreements”.

Clause 7 (

b) of the Act is repealed and the following substituted:

(

b) the

Corporations Information Act and the regulations

made under it; and

Subsection 11 (1) of the Act is amended by striking out “that are prescribed”

at the end and substituting “set out in the regulation”.

Section

17 of the Act is repealed and the following substituted:

Limits

on liability

personal liability, employee of the Crown

(1) No

action or other proceeding shall be instituted against a current or former

employee of the Crown for,

(

a) any

act done in good faith in the exercise or performance or intended exercise or

performance of a duty or power under this Act, the regulations or a Minister’s

order; or

(

b) any

neglect or default in the exercise or performance in good faith of such a duty

or power.

Tort

by employee of the Crown

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability in

respect of a tort committed by an employee of the Crown to which it would

otherwise be subject.

Crown liability

(3) No

cause of action arises against the Crown, a minister of the Crown, a Crown

employee or a Crown agent as a direct or indirect result of any act or omission

of a person who is not a minister of the Crown, a Crown employee or a Crown

agent if the act or omission is related, directly or indirectly, to the

exercise or performance or intended exercise or performance of a duty or power

under this Act, the regulations or a Minister’s order.

Same

(4) No

proceeding, including but not limited to any proceeding in contract,

restitution, tort or trust, shall be instituted against the Crown, a minister

of the Crown, a Crown employee or a Crown agent by a person who has suffered

any damages, injury or other loss based on or related to any cause of action

described in subsection (3).

Application

(5) Without

limiting the generality of subsection (4), that subsection applies to any

action or other proceeding claiming any remedy or relief, including specific

performance, injunction, declaratory relief, any form of compensation or

damages, including loss of revenue and loss of profit, or any other remedy or

relief, and includes a proceeding to enforce a judgment, order or award made by

a court, tribunal or arbitrator outside of Canada.

Revocation

(6) Subsections

(1) to (5) apply, with necessary modifications, in respect of a direct or

indirect result of the revocation of a designation under

section 8 or of any

regulation made under subsection 8 (6).

Section

18 of the Act is repealed and the following substituted:

Indemnification

The

regulatory authority shall indemnify the Crown, in accordance with the

administrative agreement, in respect of damages and costs incurred by the Crown

for any act or omission of the regulatory authority or its members, officers,

directors, employees or agents in the exercise or performance or intended

exercise or performance of their duties and powers under this Act, the

regulations, a Minister’s order, the administrative agreement or the

information sharing agreements, or for any act or omission otherwise connected

to this Act, the regulations, a Minister’s order, the administrative agreement

or the information sharing agreements.

Section

19 of the Act is repealed and the following substituted:

personal liability

(1) No

action or other proceeding shall be instituted against a person mentioned in

subsection (2), or who was formerly such a person, for any act done in good

faith in the exercise or performance or intended exercise or performance of any

of the person’s duties or powers under this Act, the regulations or a

Minister’s order, or for any neglect or default in the exercise or performance

in good faith of such a duty or power.

Application

(2) Subsection

(1) applies to the following persons:

1. The

registrar.

2. A

deputy registrar.

3. The

Director.

4. A

Deputy Director.

5. An

inspector.

6. An

investigator.

7. An

assessor.

8. A

director or officer of the regulatory authority.

9. A

person whom the regulatory authority employs or whose services the regulatory

authority retains.

10. An

agent of the regulatory authority.

11. A

member of the discipline committee under subsection 57 (1), of the appeals

committee under subsection 57 (2) or of a committee or an advisory body of the

regulatory authority.

12. The

person, if any, prescribed by the Minister for the purpose of the definition of

“appeal body” in subsection 77 (1).

Liability

of regulatory authority

(3) Subsection

(1) does not relieve the regulatory authority of liability to which it would

otherwise be subject in respect of the acts or omissions of a person mentioned

in subsection (2).

Section

20 of the Act is repealed.

Subsection 33 (1) of the Act is amended by striking out “shall participate, as

prescribed” in the portion before clause (

a) and substituting “shall

participate, in accordance with the administrative agreement and the

regulations, if any”.

Section 34 of the Act is repealed and the following substituted:

Information

for registrar

(1) The

registrar may require vendors, builders and other prescribed persons to

disclose to the registrar, in accordance with the regulations,

(

a) information

that is related to the administration of this Act; and

(

b) any

information that is prescribed.

Information provision

(2) The

regulatory authority shall provide the information that is disclosed to the registrar

under subsection (1) to such persons as may be required under the information

sharing agreements or the regulations and shall do so in such manner and within

such time as may be required under the information sharing agreements or the

regulations.

Subsection 40 (4) of the Act is amended by adding “that the Registrar appointed

by the Corporation within the meaning of the Ontario New

Home Warranties Plan Act requires the registrar to attach to the licence

under subsection 10.3 (10) or 17.4 (2.2) of that Act or” after “the

conditions”.

Section 48 of the Act is amended by adding “in subsection 13 (1) of the Ontario New Home Warranties Plan Act or” after

“described”.

Subsection 65 (2) of the Act is amended by adding “the Ontario

New Home Warranties Plan Act or” after “guarantee fund under” in the

portion before clause (a).

Subclause 66 (1) (b) (ii) of the Act is amended by adding “the Ontario New Home Warranties Plan Act or” after “guarantee

fund under”.

Subsection 73 (3) of the Act is repealed and the following substituted:

Transition

(3) If

a fine is payable as a result of a conviction under the Ontario

New Home Warranties Plan Act , the Director may, in the prescribed

circumstances, treat the fine as if it were payable as a result of a conviction

under this Act, and in those circumstances subsections (1) and (2) apply with

respect to the fine as if it were a fine payable for a conviction under this

Act.

Clause 76 (1) (

b) of the Act is amended by adding “the Ontario

New Home Warranties Plan Act or the regulations made under it or” after

“provision of”.

Clause 82 (1) (

j) of the Act is amended by adding “under

section 5.6 of the Ontario New Home Warranties Plan Act or” after

“receives”.

(1) Subsection 84 (1) of the Act is amended by adding the following

clause:

(0.

a) specifying

any matter that is described in this Act as prescribed by the Minister or dealt

with in the regulations made by the Minister;

(2) Clause

84 (1) (

h) of the Act is amended by adding the following subclause:

(0.

i) prescribing

provisions for the purpose of subsection 76 (1),

Section 86 of the Act

is repealed and the following substituted:

Transition

— vendors

On the

day this

section comes into force, a person who was registered as a vendor

under the Ontario New Home Warranties Plan Act

immediately before this

section came into force is deemed to be licensed as a

vendor under this Act.

The Act is amended by adding the following section:

Transition

— builders

86.1 On the day this

section

comes into force, a person who was registered as a builder under the Ontario New Home Warranties Plan Act immediately before

this

section came into force is deemed to be licensed as a builder under this

Act.

The Act is amended by adding the following section:

Transition

— applications

86.2 On the day this

section

comes into force, an application for registration or renewal of registration as

a vendor or builder within the meaning of the Ontario New

Home Warranties Plan Act that has not been disposed of under that Act

before the day this

section came into force is deemed to be an application for

a licence or renewal of a licence, as the case may be, as a vendor or as a

builder, as the case may be, under this Act.

The Act is amended by adding the following section:

Transition

— proceedings

86.3 On the day this

section

comes into force, a prescribed proceeding that the Corporation within the

meaning of the Ontario New Home Warranties Plan Act

had commenced as of the day before this

section came into force is continued as

a proceeding of the regulatory authority under this Act.

Protecting

What Matters Most Act (Budget Measures), 2019

24 Subsection

125 (1) of

Schedule 17 to the Protecting What Matters Most

Act (Budget Measures), 2019 is repealed.

Strengthening

Protections for Ontario Consumers Act, 2017

Subsections 87 (1) and 91 (2) of

Schedule 1 to the Strengthening

Protections for Ontario Consumers Act, 2017 are repealed.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on a

day to be named by proclamation of the Lieutenant Governor.

(2) Section

24,

section 25 and this

section come into force on the day the Rebuilding Consumer Confidence Act, 2020 receives Royal

Assent.

Schedule 5

Ontario New Home Warranties Plan Act

(1) Section 1 of the Ontario New Home

Warranties Plan Act is amended by adding the following definition:

“administrative

agreement” means the agreement described in

section 2.0.1; (“accord

d’application”)

(2) Section

1 of the Act is amended by adding the following

definitions:

“common

elements” means all the condominium property except the condominium units;

(“parties communes”)

“common

elements condominium corporation”, “common expenses” and “common interest” have

the same meaning as in the Condominium Act, 1998 ;

(“association condominiale de parties communes”, “dépenses communes”, “intérêt

commun”)

“condominium

corporation” means a corporation as defined in subsection 1 (1) of the Condominium Act, 1998 ; (“association condominiale”)

“condominium

declaration” means a declaration as defined in subsection 1 (1) of the Condominium Act, 1998 ; (“déclaration de condominium”)

“condominium

property” means property as defined in subsection 1 (1) of the Condominium Act, 1998 ; (“propriété condominiale”)

“condominium

unit” means a unit as defined in subsection 1 (1) of the Condominium

Act, 1998 ; (“partie privative de condominium”)

(3) Clause

(

c) of the definition of “home” in

section 1 of the Act is repealed and the

following substituted:

(

c) a

condominium unit that is a residential dwelling, including the common elements

in respect of which the unit has an appurtenant common interest as described in

the condominium declaration of the condominium corporation, or

(4) Section

1 of the Act is amended by adding the following definition:

“information

sharing agreement” means an agreement described in subsection 2.0.2 (3); (“accord

d’échange de renseignements”)

(5) Section

1 of the Act is amended by adding the following definition:

“licensee”

means the holder of a licence under the New Home

Construction Licensing Act, 2017 ; (“titulaire de permis”)

(6) Section

1 of the Act is amended by adding the following definition:

“officer”

includes,

(

a) the

chair and any vice-chair of the board of directors, the president and any

vice-president, the secretary and assistant secretary, the treasurer and

assistant treasurer and the general manager and assistant general manager of

the Corporation or any other corporation,

(

b) a

partner or general manager and assistant general manager of a partnership,

(

c) any

other individual designated as an officer by by-law or resolution of an

organization,

(

d) any

other individual who performs functions normally performed by an individual

occupying an office described in clause (a), (

b) or (c), and

(

e) any

other prescribed individual; (“dirigeant”)

(7) Section

1 of the Act is amended by adding the following definition:

“owner-builder”

means, subject to the prescribed requirements or restrictions, if any, an

individual who constructs or manages the construction of a residential dwelling

for the individual’s personal use and occupation and who meets the prescribed

requirements, if any; (“constructeur-propriétaire”)

(8) The

definition of “Plan” in

section 1 of the Act is repealed and the following

substituted:

“Plan”

means the Ontario New Home Warranties and Protection Plan continued under subsection

11 (1); (“Régime”)

(9) Section

1 of the Act is amended by adding the following definition:

“regulatory

authority” has the same meaning as in the New Home

Construction Licensing Act, 2017 ; (“organisme de réglementation”)

(10) The

definition of “Tribunal” in

section 1 of the Act is repealed and the following

substituted:

“tribunal”

means, in respect of a prescribed matter, the adjudicative body determined in

accordance with the regulations in respect of that matter; (“tribunal”)

(11) Section

1 of the Act is amended by adding the following definition:

“vacant

land condominium corporation” means a condominium corporation described in

subsection 155 (2) of the Condominium Act, 1998 ; (“association

condominiale de terrain nu”)

(12) Section

1 of the Act is amended by adding the following subsection:

Interested

person

(2) For

the purposes of this Act, a person shall be deemed to be an interested person

in respect of another person if the person is associated with the other person

or if, in the opinion of the Registrar,

(

a) the

person has or may have a beneficial interest in the other person’s activities;

(

b) the

person exercises or may exercise control either directly or indirectly over the

other person; or

(

c) the

person has provided or may have provided financing either directly or

indirectly for the other person’s activities.

(13) Section

1 of the Act is amended by adding the following subsection:

Associated

persons

(3) For

the purposes of this Act, one person is associated with another person in any

of the following circumstances:

1. One

person is a corporation of which the other person is an officer or director.

2. One

person is a partnership of which the other person is a partner.

3. Both

persons are partners of the same partnership.

4. One

person is a corporation that is controlled directly or indirectly by the other

person.

5. Both

persons are corporations and one corporation is controlled directly or

indirectly by the same person who controls directly or indirectly the other

corporation.

6. Both

persons are members of the same voting trust relating to shares of a

corporation.

7. Both

persons are associated within the meaning of paragraphs 1 to 6 with the same

person.

(14) Section

1 of the Act is amended by adding the following subsection:

Tribunal

(4) For

the purposes of the definition of “tribunal” in subsection (1), the

adjudicative bodies that may be prescribed include,

(

a) a

tribunal established under

an Act of the Legislature of Ontario;

(

b) an

arbitrator; and

(

c) a

court.

The Act is amended by adding the following section:

Crown

bound

1.1 Subject to the

prescribed restrictions, if any, this Act binds the Crown.

The Act is amended by adding the following section:

Act

prevails

1.2 This Act applies

despite any agreement to the contrary.

(1) Subsection 2 (1) of the Act is amended by striking out “a

non-profit corporation incorporated without share capital under the Corporations Act ” and substituting “a not-for-profit

corporation without share capital incorporated under the laws of Ontario”.

(2) Subsection

2 (2) of the Act is amended by adding the following clauses:

(c.1) promoting

the resolution of claims as soon as reasonably possible in accordance with this

Act and the regulations;

(c.2) promoting

the construction in Ontario of properly built homes for residential purposes;

(3) Clause

2 (2) (

e) of the Act is amended by striking out “the repeal of this Act” in the

portion before subclause (

i) and substituting “the repeal of all or any part of

this Act”.

(4) Section

2 of the Act is amended by adding the following subsections:

Revocation

of designation

(5) The

Lieutenant Governor in Council may, by regulation, revoke the designation of

the Corporation if the Lieutenant Governor in Council considers it advisable to

do so in the public interest.

Revocation

for non-compliance

(6) The

Lieutenant Governor in Council may revoke the designation of the Corporation

if,

(

a) the

Corporation has failed to comply with this Act, the regulations, the

administrative agreement, an information sharing agreement or other applicable

law;

(

b) the

Minister has allowed the Corporation the opportunity of remedying its default

within a specified time period that the Minister considers reasonable in the

circumstances; and

(

c) the

Corporation has not remedied its default to the Minister’s satisfaction within

the specified time period mentioned in clause (

b) and the Minister has so

advised the Lieutenant Governor in Council.

Same,

no restriction on subs. (5)

(7) Nothing

in subsection (6) restricts the ability of the Lieutenant Governor in Council

to act under subsection (5).

Revocation

on request

(8) The

Lieutenant Governor in Council may revoke the designation of the Corporation on

the terms that the Lieutenant Governor in Council considers advisable in the

public interest if the Corporation requests the revocation.

Non-application

of Statutory Powers Procedure Act

(9) The

Statutory Powers Procedure Act does not apply to

the exercise by the Lieutenant Governor in Council of a right under this

section to revoke the designation of the Corporation.

Transition

(10) If

the Lieutenant Governor in Council revokes the designation of the Corporation

under this section, the Lieutenant Governor in Council may, by regulation,

provide for any transitional matter necessary for the effective implementation

of the revocation, including,

(

a) the

transfer, without compensation, of any property, including assets, liabilities,

rights, obligations, records, databases, bank accounts and money, that the

Corporation holds in respect of carrying out its activities; and

(

b) the

assignment, without compensation, of any contracts that the Corporation has

entered into before the revocation.

Crown liability

(11) No

cause of action arises against the Crown, a minister of the Crown, a Crown

employee or a Crown agent as a direct or indirect result of the revocation of

the designation of the Corporation or any regulation made under subsection

(10).

proceeding

(12) No

proceeding, including but not limited to any proceeding in contract,

restitution, tort or trust, shall be instituted against the Crown, a minister

of the Crown, a Crown employee or a Crown agent by a person who has suffered

any damages, injury or other loss based on or related to any cause of action

described in subsection (11).

The Act is amended by adding the following section:

Administrative

agreement

2.0.1

(1) The

Corporation shall enter into an administrative agreement with the Minister on

or before the day specified by the Minister.

Contents

(2) The

administrative agreement shall include, at a minimum, terms related to the

following matters:

1. The

governance of the Corporation.

2. All

matters that the Minister considers necessary for the Corporation to carry out

the administration of this Act and the regulations.

3. The

maintenance by the Corporation of adequate insurance against liability arising

out of the carrying out of its powers and duties under this Act or the

regulations.

Compliance

with operating principles

(3) The

administrative agreement, in addition to the minimum terms required under

subsection (2), shall require the Corporation to comply with the principles of,

(

a) maintaining

a fair, safe and informed marketplace; and

(

b) promoting

the protection of the public interest, and consumers in particular.

Amendment

by Minister

(4) Subject

to subsection (5), the Minister may unilaterally amend the administrative

agreement, after giving the Corporation the notice that the Minister considers

reasonable in the circumstances.

Conditions

precedent

(5) The

Minister may amend the administrative agreement under subsection (4) only if

the Minister is of the opinion that it is advisable to do so in the public

interest because at least one of the following conditions is satisfied:

1. Amending

the administrative agreement is necessary to prevent serious harm to the

interests of the public, purchasers of homes or owners.

2. An

event of force majeure has occurred.

3. The

Corporation is facing a risk of insolvency.

4. The

number of members of the board is insufficient for a quorum.

The Act is amended by adding the following section:

Information

sharing

2.0.2

(1) The

Corporation shall share the prescribed information with the Minister, the

regulatory authority and prescribed persons in accordance with the regulations

and in the manner and within the time prescribed.

Personal

information

(2) For

greater certainty, the prescribed information may include personal information

as defined in subsection 2 (1) of the Freedom of

Information and Protection of Privacy Act .

Agreements

(3) For

the purpose of complying with subsection (1), the Corporation shall, in

accordance with the regulations, enter into agreements with the Minister, the

regulatory authority and prescribed persons in the manner and within the time

prescribed.

Content of agreements

(4) The information sharing agreements mentioned in

subsection (3) shall include, at a minimum, terms relating to the prescribed

matters, which may include,

(

a) the

enrolment, or qualification for enrolment, of homes in the Plan;

(

b) claims

for compensation from the guarantee fund;

(

c) the

result of the claims mentioned in clause (b); and

(

d) all

other matters that are prescribed.

Sharing

of enforcement information

(5) The

information sharing agreements may also require the sharing of enforcement

information regarding actions that the Registrar is taking or is proposing to

take in relation to matters set out in subsection (4).

The Act is amended by adding the following section:

Compliance

by Corporation

2.0.3 In carrying out its

powers and duties under this Act or the regulations, the Corporation shall

comply with this Act, the regulations, the administrative agreement, the

information sharing agreements and other applicable law.

Subsection 2.1 (1) of the Act is repealed and the following substituted:

Conflict

(1) In

the event of conflict, this Act and the regulations prevail over,

(

a) the

administrative agreement and the information sharing agreements;

(

b) the

Corporations Information Act and the regulations

made under it; and

(

c) the

constating documents, the corporate by-laws and the resolutions of the

Corporation.

The French version of subsection 2.6 (4) of the Act is amended by adding

“judiciaire” after “tribunal” in the portion before clause (a).

Sections 2.8 to 2.10 of the Act are repealed and the following substituted:

personal liability, employee of the Crown

2.8

(1) No

action or other proceeding shall be instituted against a current or former

employee of the Crown for,

(

a) any

act done in good faith in the exercise or performance or intended exercise or

performance of a duty or power under this Act, the regulations or a Minister’s

order; or

(

b) any

neglect or default in the exercise or performance in good faith of such a duty

or power.

Tort

by employee of the Crown

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability in

respect of a tort committed by an employee of the Crown to which it would

otherwise be subject.

Crown liability

(3) No

cause of action arises against the Crown, a minister of the Crown, a Crown

employee or a Crown agent as a direct or indirect result of any act or omission

of a person who is not a minister of the Crown, a Crown employee or a Crown

agent if the act or omission is related, directly or indirectly, to the

exercise or performance or intended exercise or performance of a duty or power

under this Act, the regulations or a Minister’s order.

Same

(4) No

proceeding, including but not limited to any proceeding in contract,

restitution, tort or trust, shall be instituted against the Crown, a minister

of the Crown, a Crown employee or a Crown agent by a person who has suffered

any damages, injury or other loss based on or related to any cause of action

described in subsection (3).

Application

(5) Without

limiting the generality of subsection (4), that subsection applies to any action

or other proceeding claiming any remedy or relief, including specific

performance, injunction, declaratory relief, any form of compensation or

damages, including loss of revenue and loss of profit, or any other remedy or

relief, and includes a proceeding to enforce a judgement, order or award made

by a court, tribunal or arbitrator outside of Canada.

Revocation

(6) Subsections

(1) to (5) apply, with necessary modifications, in respect of a direct or

indirect result of the revocation of a designation under

section 2 or any

regulation made under subsection 2 (10).

Indemnification

2.9 The Corporation shall

indemnify the Crown, in accordance with the administrative agreement, in

respect of damages and costs incurred by the Crown for any act or omission of

the Corporation or its members, officers, directors, employees or agents in the

exercise or performance or intended exercise or performance of their duties and

powers under this Act, the regulations, a Minister’s order, the administrative

agreement or the information sharing agreements, or for any act or omission otherwise

connected to this Act, the regulations, a Minister’s order, the administrative

agreement or the information sharing agreements.

personal liability

2.10

(1) No

action or other proceeding shall be instituted against a person mentioned in

subsection (2), or who was formerly such a person, for any act done in good

faith in the exercise or performance or intended exercise or performance of any

of the person’s duties or powers under this Act, the regulations or a

Minister’s order, or for any neglect or default in the exercise or performance

in good faith of such a duty or power.

Application

(2) Subsection

(1) applies to the following persons:

1. The

Registrar.

2. A

Deputy Registrar.

3. An

inspector.

4. A

director or officer of the Corporation.

5. A

person whom the Corporation employs or whose services the Corporation retains.

6. An

agent of the Corporation.

7. A

member of a committee or an advisory body of the Corporation.

8. The

ombudsperson mentioned in

section 5.7.

9. A

person whom the ombudsperson employs or whose services the ombudsperson

retains.

Liability

of Corporation

(3) Subsection

(1) does not relieve the Corporation of liability to which it would otherwise

be subject in respect of the acts or omissions of a person mentioned in

subsection (2).

Subsection 5.1 (2) of the Act is amended by adding the following paragraph:

5. The

Corporation has failed to enter into an administrative agreement in accordance

with

section 2.0.1.

Subsection 5.4 (1) of the Act is amended by striking out “ Corporations

Act ” at the end and substituting “ Not-for-Profit

Corporations Act, 2010 ”.

The Act is amended by adding the following section:

Regulatory

Authority — Information

Information

for regulatory authority

5.5

(1) The

Registrar may require vendors, builders and other prescribed persons to

disclose to the Registrar, in accordance with the regulations,

(

a) information

that is related to the administration of this Act;

(

b) the

information that the Registrar determines is necessary to assist the regulatory

authority in carrying out its duties under

section 33 of the New Home Construction Licensing Act, 2017 ; or

(

c) any

information that is prescribed.

Information

provision

(2) The

Corporation shall provide the information that is disclosed to the Registrar

under subsection (1) to such persons as may be required under the information

sharing agreements or the regulations and shall do so in such manner and within

such time as may be required under the information sharing agreements or the

regulations.

The Act is amended by adding the following section:

Information

to provide to regulatory authority

5.6 Subject to the

prescribed requirements or restrictions, if any, the Registrar shall provide

the following information to the registrar appointed under

section 35 of the New Home Construction Licensing Act, 2017 :

1. Information

about the enrolment, or qualification for enrolment, of homes in the Plan.

2. Information

about claims that the Registrar has received.

3. All

other information, if any, that is prescribed.

The Act is amended by adding the following section:

Ombudsperson

Ombudsperson

5.7 The Corporation shall

make available, in accordance with the administrative agreement and the

regulations, if any, an ombudsperson to carry out the following duties:

1. To

inquire into and to respond to the administration of this Act by the

Corporation.

2. To

make recommendations in respect of the administration of this Act by the Corporation.

3. To

carry out the other duties, if any, that are prescribed.

(1) Clause 7 (1) (

a) of the Act is amended by adding “or the

financial position of an interested person in respect of the applicant” after

“financial position”.

(2) Clause

7 (1) (

b) of the Act is amended by adding “or of an interested person in

respect of the applicant” before “affords”.

(3) Subsection

7 (1) of the Act is amended by adding the following clause:

(b.1) the

applicant or an employee or agent of the applicant makes a false statement or

provides a false statement in an application for registration or for renewal of

a registration;

(4) Clause

7 (1) (

c) of the Act is repealed and the following substituted:

(

c) the

applicant is a corporation and,

(

i) having

regard to its financial position or the financial position of an interested

person in respect of the corporation, the applicant cannot reasonably be

expected to be financially responsible in the conduct of the applicant’s

undertakings,

(ii) having

regard to the financial position of its officers or directors or an interested

person in respect of its officers or directors, the applicant cannot reasonably

be expected to be financially responsible in the conduct of the applicant’s

undertakings,

(iii) the

past or present conduct of its officers or directors or of an interested person

in respect of its officers or directors or of an interested person in respect

of the corporation affords reasonable grounds for belief that its undertaking

will not be carried on in accordance with the law and with integrity and

honesty, or

(iv) an

officer or director of the corporation makes a false statement or provides a

false statement in an application for registration or for a renewal of a

registration; or

(5) Subsection

7 (2) of the Act is amended by striking out “Tribunal” and substituting

“tribunal”.

Section 9 of the Act is amended by striking out “Tribunal” wherever it appears

and substituting in each case “tribunal”.

The Act is amended by adding the following sections:

Protections

Requirements

for vendors of homes

10.1 A vendor shall not sell

or offer to sell a home unless the vendor,

(

a) is

licensed as a vendor under the New Home Construction

Licensing Act, 2017 ;

(

b) has

provided the Registrar with the particulars that the Registrar requires and in

the manner that the Registrar requires;

(

c) has

paid the Registrar the fee that the Registrar requires;

(

d) has

complied with the other requirements, if any, that are prescribed;

(

e) has

received confirmation from the Registrar that the home,

(

i) qualifies

for enrolment in the Plan, if construction of the home has not commenced, or

(ii) has

been enrolled in the Plan, if construction of the home has commenced; and

(

f) has

provided the registrar appointed under

section 35 of the New

Home Construction Licensing Act, 2017 with a copy of the confirmation

described in clause (e).

Requirements

for builders of homes

10.2

(1) Subject

to the prescribed requirements or restrictions, if any, a builder shall not

offer to enter into a contract with an owner of land for the construction of a

home on the land unless the builder,

(

a) is

licensed as a builder under the New Home Construction

Licensing Act, 2017 ; and

(

b) has

complied with the other requirements, if any, that are prescribed.

Offering

to commence construction

(2) A

builder shall not offer to commence constructing a home unless the builder has

complied with clauses (1) (

a) and (b).

Contract

for construction

(3) Subject

to the prescribed requirements or restrictions, if any, a builder shall not

enter into a contract with an owner of land for the construction of a home on

the land unless the builder,

(

a) is

licensed as a builder under the New Home Construction

Licensing Act, 2017 ;

(

b) has

notified the Registrar of the intention to commence construction;

(

c) has

provided the Registrar with the particulars that the Registrar requires and in

the manner that the Registrar requires;

(

d) has

paid the Registrar the fee that the Registrar requires;

(

e) has

complied with the other requirements, if any, that are prescribed;

(

f) has

received confirmation from the Registrar that the home has been enrolled in the

Plan; and

(

g) has

provided the registrar appointed under

section 35 of the New

Home Construction Licensing Act, 2017 with a copy of the confirmation

described in clause (f).

Commencing

construction

(4) A

builder shall not commence constructing a home unless the builder has complied

with clauses (3) (

a) to (g).

Enrolment

of homes in Plan

10.3

(1) A vendor

or a builder of a home that has not been constructed may apply to the Registrar

for a determination as to whether the home qualifies for enrolment in the Plan.

Same

(2) A

builder of a home or a prescribed person may apply to the Registrar to enrol

the home in the Plan.

Application

(3) An

application described in subsection (1) or (2) shall be in the form and manner

that the Registrar requires and shall include the information that the

Registrar reasonably requests with respect to the home and the other information,

if any, that is prescribed.

Determination

of Registrar

(4) Upon

receiving an application described in subsection (1) or (2), the Registrar

shall, subject to

section 10.6, determine whether to grant it and may consider

the past and present financial position or conduct of the applicant, an

interested person in respect of the applicant or any other prescribed person.

Prescribed

conditions

(5) Any

conditions prescribed under clause 23 (1) (b.4) must be satisfied,

(

a) before

the Registrar makes a determination that a home qualifies for enrolment in the

Plan;

(

b) in

order for a home to continue to qualify for enrolment in the Plan; and

(

c) before

the Registrar enrols a home in the Plan.

Conditions

(6) Subject

section 10.6, the Registrar may impose conditions that must be satisfied,

(

a) before

the Registrar makes a determination that a home qualifies for enrolment in the

Plan;

(

b) in

order for a home to continue to qualify for enrolment in the Plan; or

(

c) before

the Registrar enrols a home in the Plan.

Registrar’s

confirmation

(7) When

the Registrar grants an application described in subsection (1) and all

conditions prescribed under clause 23 (1) (b.4) and imposed under clause (6)

(

a) have been met, the Registrar shall provide the confirmation that the home

qualifies for enrolment in the Plan to the applicant under the application and

any other prescribed person in the prescribed manner.

Same,

enrolment

(8) When

the Registrar grants an application described in subsection (2) and all conditions

prescribed under clause 23 (1) (b.4) and imposed under clauses (6) (

b) and (

c) have been met, the Registrar shall provide the confirmation that the home has

been enrolled in the Plan to the builder and any other prescribed person in the

prescribed manner.

Licensing

conditions

(9) At

any time after the Registrar provides a confirmation described in subsection

(7) or (8) to a licensee, the Registrar may notify the registrar appointed under

section 35 of the New Home Construction Licensing Act,

2017 of conditions that the Registrar requests be attached to the

licence of the licensee or, subject to subsection (10), that it requires be

attached to the licence.

Mandatory

licensing conditions

(10) In

the prescribed circumstances, the Registrar may require the registrar appointed

under

section 35 of the New Home Construction Licensing

Act, 2017 to attach conditions to the licence of the licensee if the

Registrar determines it is necessary to do so.

Suspension

or revocation of qualification of enrolment

10.4 Subject to

section

10.6, at any time after the Registrar has made a determination that a home

qualifies for enrolment in the Plan and before the Registrar enrols the home in

the Plan, the Registrar may suspend or revoke the determination.

Cancellation

of enrolment

10.5 Subject to

section

10.6, at any time after the Registrar enrols a home in the Plan, the Registrar

may cancel the enrolment if the Registrar determines that the home ceases to

meet the definition of a home in subsection 1 (1).

Notice

of proposal

10.6

(1) The

Registrar shall notify an applicant or a prescribed person if the Registrar

proposes to,

(

a) refuse

to grant an application described in subsection 10.3 (1) or (2);

(

b) impose

conditions under subsection 10.3 (6);

(

c) suspend

or revoke a determination that the home qualifies for enrolment in the Plan; or

(

d) cancel

the enrolment of a home in the Plan.

Content

of notice

(2) The

notice shall set out the reasons for the Registrar’s proposed action and shall

state that the applicant or person is entitled to a hearing by the tribunal if

the applicant or person mails or delivers, within 15 days after service of the

notice, a written request for a hearing to the Registrar and to the tribunal.

Service

of notice

(3) The

notice shall be served on the applicant or person in accordance with

section

20, but this

section prevails over

section 20 to the extent of a conflict.

Service

of hearing request

(4) A

request for a hearing under subsection (2) is sufficiently served if it is sent

to the Registrar and to the tribunal by personal delivery, by registered mail

or in accordance with the rules of the tribunal.

Same

(5) If

service is made by registered mail, it shall be deemed to have been made on the

third day after the day of mailing.

Other

methods

(6) Despite

subsection (4), the tribunal may order any other method of service.

no request for hearing

(7) If

the applicant or person does not request a hearing in accordance with

subsection (2), the Registrar may carry out the proposed action.

Hearing

(8) If

the applicant or person requests a hearing in accordance with subsection (2),

the tribunal shall hold the hearing and may, by order,

(

a) direct

the Registrar to carry out the Registrar’s proposed action; or

(

b) substitute

the conditions that it sees fit instead of the conditions described in clause

(1) (

b) or substitute its opinion for that of the Registrar, as applicable.

Powers

of tribunal

(9) In

addition to its powers under subsection (8), the tribunal may attach conditions

to its order or to a determination that a home qualifies for enrolment in the

Plan or to the enrolment of a home in the Plan.

Parties

(10) The

Registrar, the applicant or person and the other persons that the tribunal

specifies are parties to the proceedings under this section.

Immediate

effect

(11) Even

if the applicant or person appeals an order of the tribunal, the order takes

effect immediately, unless the order provides otherwise, but the Divisional

Court may grant a stay until the disposition of the appeal.

Non-application,

residential condominium conversion projects

10.7 Sections 10.1 to 10.6

do not apply with respect to residential condominium conversion projects.

The heading before

section 11 and subsection 11 (1) of the Act are repealed and

the following substituted:

Ontario

New Home Warranties and Protection Plan

Ontario

New Home Warranties and Protection Plan

(1) The

Ontario New Home Warranties Plan is continued under the name Ontario New Home

de protection pour les logements neufs in French and is comprised of the

warranties, protections, guarantee fund and compensation provided by this Act.

(1) Section 14 of the Act is amended by adding the following

subsections:

Timelines

and procedures for claims

(5.0.1) The

timelines and procedures associated with claims for compensation from the

guarantee fund may be prescribed by regulation made by the Lieutenant Governor

in Council.

Conflict

(5.0.2) In

the event of a conflict, a regulation made by the Lieutenant Governor in

Council for the purposes of subsection (5.0.1) prevails over a by-law of the

Corporation passed under

section 23.

(2) Section 14 of the Act is amended

by adding the following subsection:

Delayed

occupancy or closing

(5.0.3) Subject

to the regulations, a person who has entered into an agreement to purchase a

home from a vendor is entitled to receive payment out of the guarantee fund for

a delay in,

(

a) occupancy

of the new home, as determined by the regulations; or

(

b) closing

the agreement of purchase and sale, as determined by the regulations.

(3) Subsections

14 (6) and (7) of the Act are repealed and the following substituted:

Response

of Corporation

(6) The

Corporation shall investigate the concern giving rise to a claim to verify that

it relates to an entitlement to receive compensation out of the guarantee fund

under subsection (1), (2), (3) or (4) and, if it does, shall determine whether

the claimant is entitled to receive such compensation and how it will deal with

the claim.

Inquiries,

etc.

(7) In

investigating a concern under subsection (6), the Corporation may make any

inquiries, conduct any inspections or apply any technical and other expertise

that it considers appropriate.

Expert

(8) An

individual making an inquiry or conducting an inspection under subsection

(7) on behalf of the Corporation may be accompanied by one or more persons with

special expert or professional knowledge, and other persons as necessary, as

the individual considers advisable.

Conduct

of inquiries, etc.

(9) The

Corporation shall ensure that any actions it takes under subsection (7) are

done in accordance with the regulations, if any.

Process

of dealing with claims

(10) In

dealing with a claim, the Corporation may use a range of processes for

inquiring into the claim and for engaging with the claimant and other affected

parties.

Other

recovery

(11) In

determining the amount for which a claimant is entitled to receive payment out

of the guarantee fund, the Corporation shall, subject to the prescribed

requirements or restrictions, if any, take into consideration any benefit,

compensation or indemnity payable or the value of work and materials furnished

to the claimant from any source.

Performance

(12) The

Corporation may perform or arrange for the performance of any work in lieu of

or in mitigation of damages that are claimed.

Notice

of decision

(13) When

the Corporation makes a decision in respect of a claim, it shall serve notice

of the decision, together with reasons for the decision, on the claimant and

the other persons, if any, that are prescribed.

Appeal

to tribunal

(14) A

notice under subsection (13) shall state that the claimant is entitled to

appeal the decision to the tribunal by providing notice to the tribunal, to the

Corporation and to the other persons, if any, that are prescribed, in the form

and within the time that is prescribed.

Copy

of notice of appeal

(15) The

Corporation shall provide a copy of any notice of appeal it receives under

subsection (14) to the relevant vendor or builder and to any other persons that

may be prescribed.

Dispute

resolution

(16) The

right to a hearing before the tribunal does not preclude the Corporation from

making available one or more voluntary dispute resolution processes for a

claim.

Tribunal

hearing

(17) If

the tribunal receives a notice of appeal under subsection (14), it shall

appoint a time for and hold a hearing.

Parties

(18) The

Corporation and the claimant are the parties to the proceedings before the tribunal

under this section, unless the regulations provide otherwise.

Order

(19) After

holding a hearing, the tribunal may,

(

a) by

order, direct the Corporation to take the action that the tribunal considers

the Corporation ought to take in accordance with this Act and the regulations;

and

(

b) for

the purposes of the order, substitute its opinion for that of the Corporation.

Other

remedies unaffected

(20) Unless

the regulations specifically provide otherwise, nothing in this Act restricts

the remedies otherwise available to an owner or any other prescribed person for

the failure of another person to perform a duty imposed by this Act.

(1) Clause 15 (

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

corporation” and substituting “in the corporation”.

(2) Clause

15 (

b) of the Act is repealed and the following substituted:

(

b) subject

to clauses (

c) and (d), if a condominium unit that is a residential dwelling is

included in a condominium property, the warranties on the common elements in

the condominium corporation take effect on the date of the registration of the

condominium declaration and description in accordance with the Condominium Act, 1998 ;

(3) Clause

15 (

c) of the Act is amended by striking out “of a common elements condominium

corporation” and substituting “in a common elements condominium corporation”.

(4) Clause

15 (

d) of the Act is repealed and the following substituted:

(

d) the

warranties on common elements in a phased condominium corporation that are

added to the corporation after the registration of the condominium declaration

and description, in accordance with the Condominium Act,

1998 , take effect on the date of the registration of the amendments to

the condominium declaration and description that created them;

(5) Clause

15 (

e) of the Act is amended by striking out “of the amalgamating corporations”

at the end and substituting “in the amalgamating corporations”.

Section 15.1 of the Act is repealed and the following substituted:

Liability

of vendor

15.l For the

purposes of sections 13 and 14, a person shall be deemed to be a vendor of a

home if the following conditions apply, even if another person sells the home

to an owner or completes a transaction to sell the home to an owner:

1. The

person at any time has registered as a vendor under this Act with respect to

the home or at any time has been licensed as a vendor under the New Home Construction Licensing Act, 2017 with respect to

the home.

2. The

Registrar has confirmed that the home qualifies for enrolment in the plan or

that the home has been enrolled in the plan, or the builder of the home has

complied with

section 12, as it read before it was repealed, as the case may

be.

3. The

builder of the home has substantially completed the construction of the home.

Section 16 of the Act is amended by striking out “Tribunal” wherever it appears

and substituting in each case “tribunal”.

(1) Clause 17.2 (1) (

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

registered as a builder under this Act” and substituting “holds a licence as a

builder under the New Home Construction Licensing Act,

2017 ”.

(2) Clause

17.2 (1) (

b) of the Act is amended by striking out “is registered as a vendor

under this Act” and substituting “holds a licence as a vendor under the New Home Construction Licensing Act, 2017 ”.

(1) Clause 17.4 (2) (

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

been enrolled in the Plan” at the end and substituting “have qualified for

enrolment in the Plan or have been enrolled in the Plan, as the case may be”.

(2) Clause

17.4 (2) (

b) of the Act is repealed and the following substituted:

(

b) the

fact that the builder of the project holds a licence as a builder under the New Home Construction Licensing Act, 2017 in respect of

the project;

(3) Clause

17.4 (2) (

c) of the Act is repealed and the following substituted:

(

c) the

fact that the vendor of the project holds a licence as a vendor under the New Home Construction Licensing Act, 2017 in respect of

the project;

(4) Section

17.4 of the Act is amended by adding the following subsections:

Licensing

conditions

(2.1) At

any time after the Registrar provides a confirmation described in subsection

(1) to a licensee, the Registrar may notify the registrar appointed under

section 35 of the New Home Construction Licensing Act,

2017 of conditions that the Registrar requests be attached to the

licence of the licensee or, subject to subsection (2.2), that it requires be

attached to the licence.

Mandatory

licensing conditions

(2.2) In

the prescribed circumstances, the Registrar may require the registrar appointed

under

section 35 of the New Home Construction Licensing

Act, 2017 to attach conditions to the licence of the licensee if the

Registrar determines it is necessary to do so.

26 The

Act is amended by adding the following section:

Owner-Builders

Application

of this Act

17.6 The

prescribed provisions of this Act apply to an owner-builder in the prescribed

circumstances, if any, subject to the conditions, if any, that are prescribed.

(1) Subsection 18 (1) of the Act is amended by striking out “for the

purposes of this Act” at the end and substituting “to conduct inspections for

the purposes of this Act and as may be required by the regulations”.

(2) Subsection

18 (3) of the Act is amended by adding “Subject to the regulations” at the

beginning of the portion before clause (a).

(3) Section

18 of the Act is amended by adding the following subsection:

Reports

to Minister

(3.1) The

Corporation shall report to the Minister respecting inspections under this Act

in accordance with the regulations.

(1) The Act is amended by adding the following section:

Non-application,

Corporations Act

21.1 Subsections 129 (2) and

(3) of the Corporations Act do not apply to the

Corporation with respect to corporate by-laws that are necessary to implement a

Minister’s order made under this Act, whether the order was made before or

after this

section comes into force.

(2) Section

21.1 of the Act, as enacted by subsection (1), is repealed and the following

substituted:

Non-application,

Not-for-Profit Corporations Act, 2010

21.1 Subsections 17 (2) to

(5) of the Not-for-Profit Corporations Act, 2010 do

not apply to the Corporation with respect to corporate by-laws that are

necessary to implement a Minister’s order made under this Act, whether the

order was made before or after this

section comes into force.

29 Clause

22 (1) (

b) of the Act is amended by striking out “section 6 or 12” and

substituting “section 6, 10.1, 10.2 or 12”.

(1) Section 22.1 of the Act is repealed and the following

substituted:

L ieutenant Governor in Council regulations

22.1 The Lieutenant Governor

in Council may make regulations,

(

a) prescribing

individuals for the purposes of the definition of “officer” in subsection 1

(1);

(

b) prescribing

requirements or restrictions for the purposes of the definition of “owner-builder”

in subsection 1 (1);

(

c) prescribing

matters and governing the determination of adjudicative bodies for the purposes

of the definition of “tribunal” in subsection 1 (1);

(

d) prescribing

restrictions for the purposes of

section 1.1;

(

e) respecting

anything that is to be prescribed or done by regulation under

section 2.0.2;

(

f) governing

the expenses and expenditures to which

section 4 applies;

(

g) respecting

anything that is to be prescribed or done by regulation under sections 5.5 and

5.6;

(

h) respecting

the ombudsperson for the purposes of

section 5.7, including governing the

duties of the ombudsperson and prescribing additional duties;

(

i) respecting

anything that is to be prescribed or done by regulation under sections 10.1 to

10.6, other than matters in respect of which the Corporation may make by-laws

under clauses 23 (1) (b.1), (b.2), (b.3) and (b.4);

(

j) extending

the time of expiration of a warranty provided for under subsection 13 (1) in

respect of an item that remains unfinished after the date specified in the

certificate under subsection 13 (3);

(

k) governing

the evidence described in subsection 14 (5.1) and any matter relating to

providing it;

(

l) governing

the timelines and procedures associated with claims for compensation from the

guarantee fund under subsection 14 (5.0.1), including any steps to be taken by

the claimant, the registrant under this Act, the licensee under the New Home

Construction Licensing Act, 2017 or the Corporation before a payment out of

the guarantee fund is made;

(

m) respecting

anything that is to be prescribed or done by regulation under subsections 14

(6) to (20);

(

n) respecting

procedures to be followed for the purposes of subsections 14 (14) to (19) where

the tribunal is an arbitrator, including,

(

i) providing

for modifications to the procedures set out in subsections 14 (14) to (19) and

the related regulations,

(ii) providing

that the Arbitration Act, 1991 applies with respect

to the procedures, and providing modifications to that Act for this purpose,

(iii) respecting

the selection of an arbitrator,

(iv) deeming

there to be an arbitration agreement between the prescribed parties, and

(

v) deeming

the arbitration agreement to include specified terms;

(

o) prescribing

the manner of determining the date mentioned in subsection 17.1 (2);

(

p) prescribing

the anniversary mentioned in subsection 17.1 (2);

(

q) prescribing

circumstances for the purposes of subsection 17.4 (2.2);

(

r) prescribing

requirements for the purposes of subsection 17.5 (2);

(

s) respecting

anything that is to be prescribed or done by regulation under

section 17.6;

(

t) governing

inspections, including requiring the inspection of homes in the prescribed

circumstances and in the prescribed manner;

(

u) governing

the Corporation’s reporting to the Minister respecting inspections;

(

v) governing

the procedures for resolution of disputes between any of a claimant, the

Corporation, a vendor, a builder and an owner-builder, including prescribing

circumstances when a person is not entitled to refer a dispute to adjudication

under

Part II.1 of the Construction Act ;

(

w) defining

any word or expression used in this Act that is not expressly defined in this

Act or in a by-law made under

section 23;

(

x) exempting

any person or entity or class of persons or entities from any provision of this

Act or the regulations and attaching conditions to an exemption;

(

y) providing

for further exemptions from or alterations to the application of the Corporations Act or the regulations made under it to the

Corporation;

(

z) providing

for any transitional matter necessary for the effective implementation of,

(

i) a

revocation by the Lieutenant Governor in Council of a designation under

subsection 2 (5), or

(ii) the

repeal of all or any part of this Act and its replacement in full or in part by

another Act ;

(z.1) governing

the right of recovery of the Corporation in respect of payments made out of the

guarantee fund, costs incurred relating to a claim, administration fees,

penalties and interest, and prescribing that such a regulation prevails over a

by-law made by the Corporation;

(z.2) prescribing

the circumstances in which a person is required to indemnify the Corporation,

and prescribing that such a regulation prevails over a by-law made by the

Corporation;

(z.3) prescribing

the circumstances in which a person is required to reimburse the guarantee fund

in respect of a payment out of the guarantee fund of a claim, or the value of

services provided by the Corporation in respect of the claim, and the

circumstances in which a person is required to pay administration fees,

penalties and interest in respect of any payment or services rendered,

prescribing rules respecting the time and manner for the reimbursement or the

payment of such amounts, and prescribing that such a regulation prevails over a

by-law made by the Corporation.

(2) Clause

22.1 (

y) of the Act, as enacted by subsection (1), is amended by striking out “ Corporations Act ” and substituting “ Not-for-Profit

Corporations Act, 2010 ”.

(1) Subsection 23 (1) of the Act is amended by adding the following

clauses:

(b.1) subject

to the approval of the Minister, prescribing requirements for vendors for the

purposes of clause 10.1 (d);

(b.2) subject

to the approval of the Minister, prescribing requirements for builders for the

purposes of clause 10.2 (1) (b);

(b.3) subject

to the approval of the Minister, prescribing requirements for builders for the

purposes of clause 10.2 (3) (e);

(b.4) subject

to the approval of the Minister, prescribing conditions for the purposes of

subsection 10.3 (5);

(2) Clause

23 (1) (

g) of the Act is amended by adding “subject to a regulation described

in clause 22.1 (

l) or (v)” at the beginning.

(3) Clause

23 (1) (

j) of the Act is amended by striking out “subject to the approval of

the Minister, specifying” at the beginning and substituting “subject to a

regulation described in clause 22.1 (

j) and to the approval of the Minister,

specifying”.

(4) Subsection

23 (1) of the Act is amended by adding the following clause:

(k.1) subject

to the approval of the Minister, providing that, despite clause 13 (2) (b), a

warranty under subsection 13 (1) applies to secondary damage or other damages,

losses or expenses that relate in any way to the defect, such as relocation

costs and costs associated with advancing a claim, and governing in what

circumstances the warranty applies and to what extent;

(5) Clause

23 (1) (m.1) of the Act is amended by adding “subject to a regulation described

in clause 22.1 (t)” at the beginning.

(6) Subsection

23 (1) of the Act is amended by adding the following clause:

(m.4) subject

to the approval of the Minister, governing agreements that a vendor enters into

with a purchaser, including,

(

i) deeming

certain terms or conditions to be included in the agreements,

(ii) requiring

the parties to each agree to include certain specified terms or conditions,

(iii) prohibiting

the agreements from including certain terms or conditions specified in the

regulations, and

(iv) specifying

remedies for the purchaser resulting from non-compliance;

(1) Subject to subsection (2), the Act is repealed on a day to be

named by proclamation of the Lieutenant Governor.

(2) A

proclamation under subsection (1) may provide for the repeal of different provisions

of the Act on different dates.

Strengthening

Protection for Ontario Consumers Act, 2017

(1) Subsection 71 (1) of

Schedule 2 to the Strengthening

Protection for Ontario Consumers Act, 2017 is amended by striking out

“the day this

section comes into force” at the end and substituting “the day

this subsection comes into force”.

(2) Subsection

71 (2) of

Schedule 2 to the Act is amended by striking out “the day this

section comes into force” and substituting “the day this subsection comes into

force”.

(3) Subsection

71 (3) of

Schedule 2 to the Act is amended by striking out “this

section comes

into force” and substituting “this subsection comes into force”.

(4) Subsection

71 (4) of

Schedule 2 to the Act is amended by striking out “the day this

section comes into force” and substituting “the day this subsection comes into

force”.

(5) Subsection

71 (5) of

Schedule 2 to the Act is amended by striking out “the day this

section comes into force” and substituting “the day this subsection comes into

force”.

(6) Subsection

71 (6) of

Schedule 2 to the Act is repealed and the following substituted:

Money

(6) Even

if subsections 2 (2) and (3) and

section 4 of the Ontario

New Home Warranties Plan Act are repealed, those provisions continue to

apply to the Corporation within the meaning of that Act.

(7) Subsection

71 (7) of

Schedule 2 to the Act is repealed.

(8) Section

73 and subsection 80 (2) of

Schedule 2 to the Act are repealed.

(9) Section

7 of

Schedule 4 to the Act is repealed.

Commencement

(1) Subject to subsections (2) and (3), this

Schedule comes into

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

(2) Section

12 and subsections 28 (2) and 30 (2) come into force on the later of the day

the Rebuilding Consumer Confidence Act, 2020 receives

Royal Assent and the day subsection 4 (1) of the Not-for-Profit

Corporations Act, 2010 comes into force.

(3) Subsections

30 (1) and 31 (2) to (5),

section 32, subsections 33 (7) to (9) and this

section come into force on the day the Rebuilding Consumer

Confidence Act, 2020 receives Royal Assent.

Schedule 6

Resource Recovery and Circular Economy Act, 2016

Subsections 25 (8), (9) and (10) of the Resource Recovery

and Circular Economy Act, 2016 are repealed and the following

substituted:

Appointment

of chair

(8) The

Minister may appoint a chair from among the members of the board.

no appointment

(9) If

the Minister does not make an appointment under subsection (8), the board shall

elect a chair from among the members of the board.

Replacement

(10) The

Minister may replace a person who has been elected chair by the board with

another member of the board appointed by the Minister.

Vice-chairs

(10.1) The

board shall elect one or more vice chairs from among the members of the board.

Subsection 44 (2) of the Act is repealed.

The Act is amended by adding the following section:

Disclosure

of compensation and other payments

53.1

(1) The

Minister may, by order, require the Authority to make available to the public

any information specified by the Minister relating to,

(

a) the

compensation that the Authority pays to members of its board of directors, its

officers and its employees; and

(

b) any

other payments that the Authority makes or is required to make to the persons

mentioned in clause (a).

Posting

required

(2) The

Authority shall post the information specified in the order on the Registry or

make it public through such other as means as may be set out in the order.

Information

for prior period

(3) An

order made under subsection (1) may require that the Authority make information

referred to in that subsection available to the public with respect to a period

that began before the day this

section came into force.

Effect

of compliance

(4) If

the Authority makes information available to the public in accordance with an

order under subsection (1), or in the reasonable belief that the action is

required by the order, no court, person or other entity shall find that the

Authority,

(

a) has

contravened any Act enacted or regulation made before or after this

section

came into force; or

(

b) is

in breach of or has contravened any agreement that purports to restrict or

prohibit that action, regardless of whether the agreement was made before or

after this

section came into force.

Definition

(5) In

this section,

“compensation”

means anything paid or provided, directly or indirectly, to or for the benefit

of a person who performs duties and functions that entitle the person to be paid,

and includes salary, benefits, perquisites and all forms of non-discretionary

and discretionary payments.

Commencement

This

Schedule comes into force on the day the Rebuilding

Consumer Confidence Act, 2020 receives Royal Assent.

Schedule 7

Retirement Homes Act, 2010

Subsections 12 (9) and (10) of the Retirement Homes Act,

2010 are repealed and the following substituted:

Representation,

etc., elected directors

(9) The

Minister may, by order, establish rules regarding who can serve as directors

elected to the board, including,

(

a) that

no more than a fixed percentage of members of the board shall be drawn from

among the persons or classes of persons specified in the order;

(

b) the

criteria for their nomination;

(

c) the

process for their election;

(

d) the

length of their term; and

(

e) whether

they can be re-elected.

Order

prevails

(10) An

order made under subsection (9) prevails over a by-law made under subsection 14

(2) in the case of conflict.

Subsection 14 (4) of the Act is repealed and the following substituted:

Available

to the public

(4) The

Authority shall make the by-laws available for public inspection within the

time specified in the memorandum of understanding or, if no time is specified

in the memorandum of understanding, within 30 days after they are made by the

board.

Section 15 of the Act is amended by adding the following subsection:

Conflict,

Minister’s order

(2) In

the event of a conflict, a Minister’s order made under this Act prevails over

the memorandum of understanding and the Authority’s by-laws and resolutions.

Section 16 of the Act is amended by striking out “and” at the end of clause (

d) and by adding the following clause:

(d.1) to

suggest to the Minister amendments to Ontario legislation that it considers

would further the purposes of this Act or would assist the Authority in

administering the Act and the regulations; and

(1) Subsection 18 (1) of the Act is amended by striking out “and” at

the end of clause (b), by adding “and” at the end of clause (c), and by adding

the following clause,

(

d) set

out the financial terms of the administration of this Act.

(2) Subsection

18 (2) of the Act is repealed and the following substituted:

Conflict

(2) In

the event of conflict between any provision of this Act or the regulations and

any provision of the memorandum of understanding, by-laws and resolutions, the

provision of this Act or the regulations prevails.

Subsection 19 (1) of the Act is repealed and the following substituted:

Minister’s

policy directions

(1) If

the Minister considers it in the public interest to do so, the Minister may

issue policy directions to the Authority relating to its administration of this

Act and the regulations after giving the Authority the notice that the Minister

considers reasonable in the circumstances.

Part

of MOU

(1.1) The

policy directions issued under subsection (1) are deemed to form part of the

memorandum of understanding.

(1) Subsection 19.2 (2) of the Act is amended by adding “and agents”

after “employees”.

(2) Section

19.2 of the Act is amended by adding the following subsections:

Report

to Minister

(3) The

results of reviews under this

section shall be reported to the Minister, within

the time specified by the Minister.

Terms

and conditions

(4) The

under this section.

The Act is amended by adding the following sections:

Duty

to advise the responsible Minister

19.3

(1) The

Authority shall promptly inform and advise the Minister with respect to,

(

a) any

information that could affect the Authority’s ability to perform its duties

under this Act and the regulations; and

(

b) any

urgent or critical matter that is likely to require action by the Minister.

Same

(2) The

Authority shall advise or report to the Minister, within the time period that

the Minister specifies, on any matter that the Minister refers to it and that

relates to this Act and the regulations.

Consultation

by Minister

19.4 The Minister may

consult with the Authority about proposed legislative or policy changes that

may affect the Authority and its activities.

(1) Section 21 of the Act is repealed and the following substituted:

Fees,

etc.

(1) The

Authority may set and charge fees, costs or other charges in relation to anything

that the Authority does in administering this Act and the regulations or

anything that the Registrar does under this Act and the regulations, as long as

the decisions to set and charge are made in accordance with processes and

criteria that the Authority establishes and that the Minister approves.

Exception

(2) The

Authority shall not set or charge any fees, costs or charges payable by a

person for making a complaint described in subsection 83 (1) to the Registrar.

Setting

fees, etc.

(3) In

setting the fees, costs and charges described in subsection (1), the Authority

may specify their amounts or the method for determining the amounts.

Collection

(4) The

Authority may,

(

a) set

the time and manner of payment of the fees, costs and charges charged by it

under subsection (1); and

(

b) require

the payment of interest and other penalties, including payment of collection

costs, when fees, costs and charges charged under subsection (1) are unpaid or

paid after the due date.

Publication

(5) The

Authority,

(

a) shall

publish the fees, costs and charges, the processes and criteria and anything

set or required under subsection (4) on its website and in any other way

described in the memorandum of understanding; and

(

b) may

publish anything mentioned in clause (

a) in any other format the Authority

considers advisable.

Not

public money

(6) For

greater certainty, the money that the Authority collects in administering this

Act and the regulations is not public money as defined in the Financial Administration Act , and the Authority may use

the money to carry out its objects.

(2) Subsection

21 (6) of the Act, as enacted by subsection (1), is amended by adding “subject

section 32.2” at the end.

Section 22.1 of the Act is repealed and the following substituted:

Processes

and procedures

22.1 The Authority shall

follow the prescribed processes and procedures with respect to providing access

to the public to records of the Authority and with respect to managing personal

information contained in those records.

The Act is amended by adding the following section:

Compensation

information

22.2

(1) The

Minister may, by order, require the Authority to make available to the public,

on its website and by any other means that the Authority determines, any

information specified by the Minister relating to,

(

a) the

compensation that the Authority pays to members of the board, its officers and

its employees; and

(

b) any

other payments that the Authority makes or is required to make to the persons

mentioned in clause (a).

Information

for prior period

(2) An

order made under subsection (1) may require that the Authority make information

referred to in that subsection available to the public with respect to a period

that began before the day this

section came into force, where the information

relates to a member of its board, an officer or employee who was in office or

employed on the day this

section came into force.

Effect

of compliance

(3) If

the Authority makes information available to the public in accordance with an

order under subsection (1), or in the reasonable belief that the action is

required by the order, no court, person or other entity shall find that the

Authority,

(

a) has

contravened any Act enacted or regulation made before or after this

section

came into force; or

(

b) is

in breach of or has contravened any agreement that purports to restrict or

prohibit that action, regardless of whether the agreement is made before or

after this

section came into force.

Definition

(4) In

this section,

“compensation”

means anything paid or provided, directly or indirectly, to or for the benefit

of a person who performs duties and functions that entitle the person to be

paid, and includes salary, benefits, perquisites and all forms of

non-discretionary and discretionary payments.

The Act is amended by adding the following section:

Orders

22.3

(1) The

Mini