Cutting Red Tape, Building Ontario Act, 2024 — Bill 227 (43rd Parliament, 1st Session)
Bill 227, 43-1
Ontario — Bills
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Bill 227, Cutting Red Tape, Building Ontario Act, 2024
Harris, Hon. Mike Minister of Red Tape Reduction
Royal Assent received. Statutes of Ontario 2024,
chapter 28
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EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 227 and does not form part of the law.
Bill 227 has been enacted as
Chapter 28 of the Statutes of Ontario, 2024.
SCHEDULE 1
ALGONQUIN FORESTRY AUTHORITY ACT
The
Schedule amends
section 5 of the Algonquin Forestry
Authority Act so that, instead of the Lieutenant Governor in Council
appointing a person to be the general manager of the Authority, the Authority
will now hire the general manager. A consequential amendment is made to
subsection 6 (1).
SCHEDULE 2
ARCHITECTS ACT
The
Schedule amends the Architects
Act .
Section
11 is amended to add references to agricultural occupancy and to add a
definition of “agricultural occupancy”.
Currently,
section 53 of the Act provides that the Council of the Association of
Architects of Ontario shall make a report annually to the Minister and that the
Minister shall submit the report to the Lieutenant Governor in Council and lay
the report before the Assembly.
Section 53 is repealed and replaced to provide
that, no later than 120 days after the end of each financial year of the
Association, the Council shall provide the Minister with a copy of an annual
report for that year, and to require the Association to make its annual report
publicly accessible by publishing it on its website and by making it available
as a document in paper format or in any other format, on request and at cost,
to members of the public.
SCHEDULE 3
COMBATIVE SPORTS ACT, 2019
The
Schedule amends the French version of the Combative Sports
Act, 2019 to change the French equivalent to the defined term
“matchmaker” from “promoteur de match” to “organisateur”. The
Schedule also
50.1 provides that regulations made under
section 49 or 50 of the Act may
include rolling incorporation of a document.
SCHEDULE 4
COURTS OF JUSTICE ACT
The
Schedule amends the Courts of Justice Act to make
changes to the membership of the Civil Rules Committee and of the Family Rules
Committee, largely to permit the Chief Justice of Ontario and the Chief Justice
of the Superior Court of Justice to designate judges to be a member in their
place or in the place of an Associate Chief Justice.
The
Act is also amended by giving family and other civil court rule-making
authority to the Attorney General. Currently, the Family Rules Committee makes
court rules respecting family matters (section 68), and the Civil Rules
Committee makes court rules respecting all other civil matters (section 66).
The making of these rules is subject to the approval of the Attorney General.
Under the new
section 68.1, the Attorney General is given the same rule-making
authority that the Rules Committees have, which the Attorney General can
exercise subject to prior consultation with the relevant chief justices and the
presiding member of the relevant Rules Committee. The Attorney General can make
new rules or amend or revoke rules made by a Rules Committee. The Rules
Committees retain their rule-making powers, but rules made by the Attorney
General prevail over those made by a Rules Committee, in the event of a conflict.
Finally,
the
Schedule repeals sections 79 (Ontario Courts Management Advisory Committee)
and 79.2 (Regional Courts Management Advisory Committee).
SCHEDULE 5
EDUCATION ACT
The
Education Act is amended by adding the term “system
principal”. Duties of system principals include leading or supporting a
function, program or initiative of a board in respect of multiple schools of
the board, or in respect of the schools or the pupils of the board generally,
and exercising managerial functions for one or more employees of a board.
Various related and consequential amendments are made to the Act and other
Acts.
SCHEDULE 6
ELECTION FINANCES ACT
The
Election Finances Act is amended to allow the Chief
Electoral Officer to forgive payment of amounts owed to the Chief Electoral
Officer before January 1, 2017.
SCHEDULE 7
ENVIRONMENTAL PROTECTION ACT
The
Environmental Protection Act is amended to give the
Lieutenant Governor in Council authority to prescribe circumstances in which an
owner of a property is prohibited from submitting for filing in the Registry a
record of site condition in respect of the property.
SCHEDULE 8
EXPROPRIATIONS ACT
The
Schedule amends the Expropriations Act with respect
to the publication of notices and other documents. Amendments include requiring
that publication of an expropriating authority’s notice of application for
approval to expropriate be done in accordance with the regulations. The
Lieutenant Governor in Council is given authority to make regulations governing
the publication of notices and other documents for the purposes of the Act.
SCHEDULE 9
FAMILY LAW ACT
The
Schedule amends the Family Law Act .
The
definition of “child” is amended to clarify the language of the definition.
new
section 59.9 allows a party who is entitled to the enforcement of a family
arbitration award containing a provision for support or maintenance to file
that award with the clerk of the Superior Court of Justice or the Family Court.
The
section provides that, upon filing of the award, the provision for support
or maintenance may be enforced as if it were an order of the court where it is
filed. Finally, the
section provides that the filing of the award does not
affect the right of a party to apply to the court under subsection 46 (1) of
the Arbitration Act, 1991 to set aside the award.
Consequential
amendments are made to the Family Responsibility and Support Arrears
Enforcement Act, 1996 and the Interjurisdictional Support Orders Act, 2002.
SCHEDULE 10
FARM IMPLEMENTS ACT
The
Farm Implements Act is amended as follows:
New
subsection 3 (7) of the Act provides that a provision in a dealership agreement
that purports to restrict the application of the law of Ontario or restrict
jurisdiction or venue to a forum outside Ontario is void.
Subsection
4 (5) of the Act is amended by removing certain powers of the Director under
the Act.
Section
5 of the Act is amended such that certain elements of the dispute resolution
process do not apply to disputes regarding the refusal to renew or termination
of dealership agreements. New subsections 5 (5.1) and (5.2) provide for the
continuation of a dealership agreement in certain circumstances. Subsections 5
(7) to (9) of the Act, which relate to appeal to the Divisional Court, are
repealed. Related regulation-making authority is added to
section 35 of the
Act.
Sections
6, 7, 8 and 35 of the Act are amended to remove rules respecting renewals of
registration.
SCHEDULE 11
JURIES ACT
The
Schedule re-enacts
section 4.1 of the Juries Act ,
which deals with the preparation of the jury source list that is used by the
Jury Sheriff to create a jury roll. The jury source list is prepared by the
Minister of Health based on information available to the Minister in respect of
insured persons under the Health Insurance Act . The
re-enacted
section requires that, in addition to disclosing the names and
addresses of persons for the purposes of the jury source list, the Minister
must also disclose their year of birth. Related amendments are made to
section
6 of the Act.
SCHEDULE 12
JUSTICES OF THE PEACE ACT
The
Schedule amends
section 2.1 of the Justices of the Peace
Act . The number of core members of the Justices of the Peace
Appointments Advisory Committee is raised from three to four, with the Attorney
General given the power to appoint two of them. New provisions are added to
provide for an alternate core member, alternate regional leads and a vice-chair
of the Committee.
SCHEDULE 13
LAND TITLES ACT
The
Schedule makes various amendments to the Land Titles Act
in relation to eligibility to recover out of the Land Titles Assurance Fund. In
addition,
section 171 of the Act, which provides for a process by which owners
may apply to the land registrar to have land withdrawn from the Act owing to
the existence of special circumstances, is repealed.
SCHEDULE 14
LAW SOCIETY ACT
Currently,
subsection 54 (6) of the Law Society Act provides
that the board of the Law Foundation of Ontario shall make a report annually to
the Attorney General on the activities of the Foundation, including the report
of the auditor under subsection 54 (5), and that the Attorney General shall lay
the report before the Assembly. Subsection 54 (6) is re-enacted to provide
that, no later than 120 days after the end of each fiscal year of the
Government of Ontario, the board shall provide the Attorney General with a copy
of an annual report for the previous calendar year, which shall include the
report of the auditor under subsection 54 (5) and such other information as the
Attorney General requires.
new subsection 54 (7) is added to require the Foundation to make its annual
report publicly accessible by publishing it on its website and by making it
available as a document in paper format or in any other format, on request and
at cost, to members of the public.
SCHEDULE 15
LEGISLATIVE ASSEMBLY ACT
The
Schedule repeals
section 108.1 of the Legislative Assembly
Act .
SCHEDULE 16
MINING ACT
The
Schedule amends
section 176 of the Mining Act by
adding subsection (2.1.2). This subsection provides that, except as otherwise
governed by the Act or the regulations, the Minister of Mines may make
regulations respecting service standards for the processing of any application,
submission or filing under the Act or the regulations, including establishing standard
time periods for procedural steps to be taken by the Minister or Ministry of
Mines.
SCHEDULE 17
MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020
Currently,
the Modernizing Ontario for People and Businesses Act,
2020 provides that a regulatory impact analysis must be conducted if an
instrument governed by the Act would affect a regulated entity. The Act is
amended to provide that an analysis must also be conducted if an instrument
would affect individuals. Other related amendments are made.
SCHEDULE 18
NORTHERN SERVICES BOARDS ACT
The
Schedule makes various amendments to the Northern Services
Boards Act . Some of the more significant amendments are described below.
The
term of office for a Board member set out in
section 5 is increased from one
year to three years. Consequential amendments are made to other sections.
Section
10 is amended to provide that a part of a meeting of the Board shall be closed
to the public if the subject matter being considered during that part of the meeting
is a request made under the Municipal Freedom of
Information and Protection of Privacy Act , if the Board is the head of
an institution for the purposes of that Act, or an ongoing investigation
respecting the Board by the Ombudsman appointed under the Ombudsman
Act . The new subsection 10 (5) provides that a part of a meeting may be
closed to the public if the subject matter set out in that subsection is the
subject matter being considered at that part of the meeting. Before holding a
part of a meeting that is to be closed to the public, a Board shall state, by
resolution, the fact that part of the meeting will be closed to the public and
the general nature of the matter to be considered at that part of the meeting.
Subsection 10 (8) sets out when a meeting may be closed to the public during a
vote.
The
new
section 10.1 provides that a person may request that an investigation be
undertaken by the Ombudsman regarding whether a Board has complied with the
requirements related to meetings or parts of meetings that are closed to the
public. If the Board receives a report from the Ombudsman reporting the Ombudsman’s
opinion, and the reasons for it, that a meeting or part of a meeting that was
the subject matter of an investigation appears to have been closed to the
public contrary to subsections 10 (4) to (8), the Board shall pass a resolution
stating how it intends to address the report.
SCHEDULE 19
OMBUDSMAN ACT
The
Schedule amends the Ombudsman Act by adding a new
section 14.2.
Section 14.2 applies with respect to Local Services Boards within
the meaning of the Northern Services Boards Act .
a person makes a request under subsection 10.1 (1) of the Northern
Services Boards Act , the Ombudsman may investigate whether a Local
Services Board has complied with subsections 10 (4) to (8) of the Northern Services Boards Act in respect of a meeting or
part of a meeting that was closed to the public. If, after completing such an
investigation, the Ombudsman is of the opinion that the meeting or part of the
meeting appears to have been closed to the public contrary to subsections 10
(4) to (8) of the Northern Services Boards Act , the
Ombudsman shall report their opinion, and the reasons for it, to the Local
Services Board and may make such recommendations as they think fit. Reports
received by the Local Services Board shall be made available to the public.
Subsections
14.2 (7) and (8) set out which other provisions of the Ombudsman
Act apply for the purposes of the new
section 14.2.
SCHEDULE 20
ONTARIO HERITAGE ACT
The
Schedule amends
section 10 of the Ontario Heritage Act .
A new subsection 10 (2.1) sets out an exception to the rule in subsection 10
(2). Under subsection 10 (2.1), approval of the Minister is not required for
the release of easements entered into by the Ontario Heritage Trust with owners
of real property if the Trust has determined that such a release over the
property or part of the property would not affect heritage attributes that are
described in the easement.
SCHEDULE 21
ONTARIO NEW HOME WARRANTIES PLAN ACT
The
Schedule amends the Ontario New Home Warranties Plan Act .
Here are some highlights:
1. Various
terminological changes are made, including adding new
definitions of “purchase
agreement” and “construction contract” and replacing those terms in places
where “contract” is mentioned.
2. New
clause 23 (1) (
c) authorizes the Corporation to make by-laws requiring a
purchaser of a specified type of home to notify the Corporation of a purchase
agreement, as well as to make by-laws governing the timelines, manner and
information in connection with such notice. New clause 23 (1) (
d) adds similar
authority with respect to requiring an owner of land to notify the Corporation
of a construction contract.
3. Currently,
clause 23 (1) (m.3) authorizes the Corporation to make by-laws governing the
entitlement of an owner to payment out the guarantee fund, including interest,
as compensation under
section 14. The clause is re-enacted to apply to
entitlements under subsection 14 (1) or (2), and to also provide that such
authority includes, among other things, providing for the maximum amount of
entitlements and different amounts of entitlements, depending on various
specified circumstances, including whether a purchaser or owner of land has
complied with a requirement set out in a by-law made under clause 23 (1) (
c) or
(d), as applicable.
4. A
new clause 23 (1) (m.3.1) is added to authorize the Corporation to make by-laws
governing the entitlement of a person to payment out of the guarantee fund,
including interest, as compensation under subsections 14 (3), (4) and (5.0.3).
5. A
new subsection 23 (3) provides that a by-law made under clause 23 (1) (m.3) may
provide for, among other things, the establishment and maintenance of a special
fund within the guarantee fund from which entitlements are to be paid in
respect of claims where a purchaser or owner of land has not complied with a requirement
set out in a by-law made under clause 23 (1) (
c) or (d), as applicable.
SCHEDULE 22
ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012
The
Schedule amends
section 7 of the Ontario Underground
Infrastructure Notification System Act, 2012 . Subsection 7 (6.1) is
added to the Act to permit affected members to submit a request to the
Corporation to be approved to respond to notifications respecting the member’s
own underground infrastructure. New subsections 7 (6.2) and (6.3) of the Act
provide for the determination and notification process for the Corporation in
response to such a request and new subsection 7 (6.4) of the Act provides that
such determinations are final. New subsection 7 (6.5) of the Act sets out the
effects of various determinations made by the Corporation. Subsection 7 (7) of
the Act is amended to reflect the request process set out in new subsections 7
(6.1) to (6.5) of the Act. Various other related amendments are made to
section
7 of the Act.
SCHEDULE 23
PROFESSIONAL ENGINEERS ACT
The
Schedule amends the Professional Engineers Act .
Section
12 is amended to add references to agricultural occupancy and to add a
definition of “agricultural occupancy”.
Currently,
section 48 of the Act provides that the Council of the Association of
Professional Engineers of Ontario shall make a report annually to the Minister
and that the Minister shall submit the report to the Lieutenant Governor in
Council and lay the report before the Assembly.
Section 48 is repealed and
replaced to provide that, no later than 120 days after the end of each
financial year of the Association, the Council shall provide the Minister with
a copy of an annual report for that year, and to require the Association to
make its annual report publicly accessible by publishing it on its website and
by making it available as a document in paper format or in any other format, on
request and at cost, to members of the public.
SCHEDULE 24
RESIDENTIAL TENANCIES ACT, 2006
Section
212 of the Residential Tenancies Act, 2006 provides
that substantial compliance with the Act respecting the contents of forms,
notices or documents is sufficient. The
Schedule amends
section 212 to add a
statement, for greater certainty, that an error in the contents of a form,
notice or document still constitutes substantial compliance, as long as the
error does not significantly prejudice a party’s ability to participate in a
proceeding under this Act.
SCHEDULE 25
STATUTORY POWERS PROCEDURE ACT
Section
4.4 of the Statutory Powers Procedure Act , which
creates a default rule for dealing with the incapacity of a member of a
tribunal who has participated in a hearing, is re-enacted. The new version of
section 4.4 addresses the incapacity of a tribunal member in greater detail,
and also addresses the failure of a panel to complete a hearing or make a
decision within a reasonable time. As with the current
section 4.4, the new
section is subject to any other Act or regulation that may apply.
Consequential
amendments are made to various Acts.
SCHEDULE 26
UNIVERSITY HEALTH NETWORK ACT, 1997
The
Schedule repeals the University Health Network Act, 1997 .
SCHEDULE 27
CONSEQUENTIAL AMENDMENTS IN RESPECT OF
SECTION 11.0.1 OF THE MINISTRY OF
INFRASTRUCTURE ACT, 2011 AND OTHER RELATED AMENDMENTS
Various
statutes are amended with respect to the acquisition or disposition of real
estate.
The
Agricultural Research and Innovation Ontario Act is
amended to provide that the Corporation under that Act shall not dispose of a
freehold interest in real property without the approval of the Lieutenant
Governor in Council.
The Building Ontario Fund Act, 2024 is amended so that
certain powers of the Corporation under that Act are subject to limits imposed
section 11.0.1 of the Ministry of Infrastructure Act,
2011 . The Act is also amended to provide that the Corporation shall not
dispose of a freehold interest in real property without the approval of the
Lieutenant Governor in Council, except with respect to investments made by the
Corporation in carrying out its objects.
The
Capital Investment Plan Act, 1993 is amended so
that certain powers of the Ontario Clean Water Agency established under that
Act are subject to limits imposed by
section 11.0.1 of the
Ministry of Infrastructure Act, 2011 . The Act is also amended to provide
that the Ontario Clean Water Agency shall not acquire or dispose of a freehold
interest in real property without the approval of the Minister of the
Environment, Conservation and Parks, with certain exceptions.
The
Metrolinx Act, 2006 is amended so that certain
powers of the Corporation under that Act are subject to limits imposed by
section 11.0.1 of the Ministry of Infrastructure Act, 2011 .
The Act is also amended to provide that the Corporation shall not dispose of a
freehold interest in real property except with the approval of the Lieutenant
Governor in Council, with certain exceptions, and, if regulations have been
made by the Lieutenant Governor in Council, in accordance with those
regulations.
The
Ontario Cannabis Retail Corporation Act, 2017 is
amended so that certain powers of the Corporation under that Act are subject to
limits imposed by
section 11.0.1 of the Ministry of
Infrastructure Act, 2011 . The Act is also amended to provide that the
Corporation shall not dispose of a freehold interest in real property without
the approval of the Lieutenant Governor in Council.
The Ontario Food Terminal Act is amended to provide that the
Board under that Act shall not acquire a freehold interest in real property
without the approval of the Minister and shall not dispose of a freehold
interest in real property without the approval of the Lieutenant Governor in
Council.
The
Ontario Forest Tenure Modernization Act, 2011 is
amended to provide that the Nawiinginokiima Forest Management Corporation and
the Temagami Forest Management Corporation established under that Act shall not
acquire or dispose of a freehold interest in real property without the approval
of the Minister.
The
Ontario Heritage Act is amended to provide that the
Trust under that Act shall not receive or acquire a freehold interest in real
property without the approval of the Minister.
The
Ontario Lottery and Gaming Corporation Act, 1999 is
amended so that certain powers of the Corporation under that Act are subject to
limits imposed by
section 11.0.1 of the Ministry of
Infrastructure Act, 2011 . The Act is also amended to provide that the
Corporation shall not dispose of a freehold interest in real property without
the approval of the Lieutenant Governor in Council.
The
Ontario Northland Transportation Commission Act is
amended to provide that the Commission under that Act shall not acquire a
freehold interest in real property without the approval of the Minister and
shall not dispose of a freehold interest in real property without the approval
of the Lieutenant Governor in Council.
The
Venture Ontario Act, 2008 is amended so that certain
powers of the Corporation under that Act are subject to limits imposed by
section 11.0.1 of the Ministry of Infrastructure Act, 2011 .
Bill 227 2024
Act to amend various Acts
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Algonquin
Forestry Authority Act
Schedule 2
Architects
Act
Schedule 3
Combative
Sports Act, 2019
Schedule 4
Courts
of Justice Act
Schedule 5
Education
Act
Schedule 6
Election
Finances Act
Schedule 7
Environmental
Protection Act
Schedule 8
Expropriations
Act
Schedule 9
Family
Law Act
Schedule 10
Farm
Implements Act
Schedule 11
Juries
Act
Schedule 12
Justices
of the Peace Act
Schedule 13
Land
Titles Act
Schedule 14
Law
Society Act
Schedule 15
Legislative
Assembly Act
Schedule 16
Mining
Act
Schedule 17
Modernizing
Ontario for People and Businesses Act, 2020
Schedule 18
Northern
Services Boards Act
Schedule 19
Ombudsman
Act
Schedule 20
Ontario
Heritage Act
Schedule 21
Ontario
New Home Warranties Plan Act
Schedule 22
Ontario
Underground Infrastructure Notification System Act, 2012
Schedule 23
Professional
Engineers Act
Schedule 24
Residential
Tenancies Act, 2006
Schedule 25
Statutory
Powers Procedure Act
Schedule 26
University
Health Network Act, 1997
Schedule 27
Consequential
Amendments in Respect of
Section 11.0.1 of the Ministry of Infrastructure
Act, 2011 and Other Related Amendments
Preamble
The
Government of Ontario is committed to continuing to help Ontarians save time
and money by reducing red tape and is dedicated to supporting better services
and a stronger economy.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any 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 Cutting
Red Tape, Building Ontario Act, 2024 .
SCHEDULE 1
ALGONQUIN FORESTRY AUTHORITY ACT
Section 5 of the Algonquin Forestry Authority Act is
amended by striking out “The Lieutenant Governor in Council shall appoint” at
the beginning and substituting “The Authority shall hire”.
Subsection 6 (1) of the Act is amended by striking out “appoint, employ and
promote” and substituting “appoint, hire, employ and promote”.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 2
ARCHITECTS ACT
(1) Subclause 11 (3) (a) (ii) of the Architects
Act is amended by striking out “mercantile occupancy or industrial
occupancy” and substituting “mercantile occupancy, industrial occupancy or
agricultural occupancy”.
(2) Paragraph
3 of subsection 11 (4) of the Act is amended by adding the following
subparagraph:
v.1 agricultural
occupancy that exceeds 600 square metres in gross area or three storeys,
(3) Subparagraph
3 vii of subsection 11 (4) of the Act is amended by adding the following
sub-subparagraph:
B.1 agricultural
occupancy and any other occupancy, except industrial occupancy,
(4) Sub-subparagraph
3 vii C of subsection 11 (4) of the Act is amended by striking out “institutional
occupancy or industrial occupancy” in the portion before sub-subparagraph 3 vii
D and substituting “institutional occupancy, agricultural occupancy or
industrial occupancy”.
(5) Subsection
11 (6) of the Act is amended by adding the following definition:
“agricultural
occupancy” means the occupancy of a building or part thereof that is located on
land that is associated with and devoted to the practice of farming, and is
used for the purpose of producing crops, raising farm animals or preparing,
marketing, storing or processing agricultural products; (“établissement
agricole”)
Section 53 of the Act is repealed and the following substituted:
Annual
report
(1) No
later than 120 days after the end of each financial year of the Association,
the Council shall provide the Minister with a copy of an annual report for that
year containing such information as the Minister requires.
Same
(2) The
Association shall make its annual report publicly accessible by publishing it
on its website and by making it available as a document in paper format or in
any other format, on request and at cost, to members of the public.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Cutting Red Tape, Building
Ontario Act, 2024 receives Royal Assent.
(2) Section
1 comes into force on the later of January 1, 2025 and the day the Cutting Red Tape, Building Ontario Act, 2024 receives
Royal Assent.
SCHEDULE 3
COMBATIVE SPORTS ACT, 2019
(1) The French version of the definition of “matchmaker” in
subsection 1 (1) of the Combative Sports Act, 2019
is repealed.
(2) The
French version of subsection 1 (1) of the Act is amended by adding the following
definition:
«organisateur»
Personne qui organise une compétition ou une exhibition de sports de combat
professionnels. («matchmaker»)
The Act is amended by adding the following section:
Rolling
incorporation by reference
50.1 A regulation made under
section 49 or 50 that incorporates another document by reference may provide
that the reference to the document includes amendments made to the document
from time to time after the regulation is made.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 4
COURTS OF JUSTICE ACT
(1) Clauses 65 (2) (
a) and (a.1) of the Courts
of Justice Act are repealed and the following substituted:
(
a) the
Chief Justice of Ontario or another judge of the Court of Appeal designated by
the Chief Justice;
(a.1) the
Associate Chief Justice of Ontario or another judge of the Court of Appeal
designated by the Chief Justice of Ontario;
(a.2) the
Chief Justice of the Superior Court of Justice or another judge of that court
designated by the Chief Justice;
(a.3) the
Associate Chief Justice of the Superior Court of Justice or another judge of
that court designated by the Chief Justice of that court;
(2) Subsection
65 (3) of the Act is repealed and the following substituted:
Presiding
member
(3) The Civil Rules Committee shall
be presided over,
(
a) by
the Chief Justice of Ontario; or
(
b) if
the Chief Justice of Ontario is absent or so requests, or is not serving as a
member under clause (2) (a), by another member designated by the Chief Justice.
(1) Clauses 67 (2) (a), (
b) and (
d) of the Act are repealed and the
following substituted:
(
a) the
Chief Justice of Ontario or another judge of the Court of Appeal designated by
the Chief Justice;
(
b) the
Associate Chief Justice of Ontario or another judge of the Court of Appeal
designated by the Chief Justice of Ontario;
(b.1) the
Chief Justice of the Superior Court of Justice or another judge of that court
designated by the Chief Justice;
(b.2) the
Associate Chief Justice of the Superior Court of Justice or another judge of
that court designated by the Chief Justice of that court;
. . . .
(
d) the
Chief Justice of the Ontario Court of Justice or another judge of that court
designated by the Chief Justice;
(2) Subsection
67 (3) of the Act is repealed and the following substituted:
Presiding
member
(3) The
Family Rules Committee shall be presided over,
(
a) by
the Chief Justice of Ontario; or
(
b) if
the Chief Justice of Ontario is absent or so requests, or is not serving as a
member under clause (2) (a), by another member designated by the Chief Justice.
The Act is amended by adding the following section:
Civil,
family rules made by the Attorney General
Civil
rules
68.1
(1) Subject
to subsection (3), the Attorney General may make rules respecting any matter
about which the Civil Rules Committee has authority to make rules under
section
66, and may amend or revoke any rule made by the Civil Rules Committee under
that section.
Family
rules
(2) Subject
to subsection (3), the Attorney General may make rules respecting any matter
about which the Family Rules Committee has authority to make rules under
section 68, and may amend or revoke any rule made by the Family Rules Committee
under that section.
Prior
consultation
(3) Before
a rule may be made under subsection (1) or (2), the Attorney General shall
consult with,
(
a) one
or more of the Chief Justice of Ontario, the Chief Justice of the Superior
Court of Justice and the Chief Justice of the Ontario Court of Justice, as the
Attorney General considers appropriate given the proceedings to which the rule
would apply; and
(
b) the
presiding member of the Civil Rules Committee or the Family Rules Committee, as
the case may be.
Conflict
(4) In
the event of a conflict between a rule made under this
section and a rule made
under
section 66 or 68, the rule made under this
section prevails to the extent
of the conflict.
Sections 79 and 79.2 of the Act are repealed.
Subsection 140 (2) of the Act is amended by striking out “the judge’s own
initiative” and substituting “a judge’s own initiative”.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 5
EDUCATION ACT
(1) The definition of “principal” in
section 1 of the Education Act is amended by adding “ and does not
include a system principal” at the end.
(2) Section
1 of the Education Act is amended by adding the
following definition:
“system
principal” means a teacher appointed by a board to perform the duties of a
system principal under this Act and the regulations; (“ directeur de service”)
(1) Paragraph 3.4 of subsection 8 (1) of the Act is amended by
striking out “principals” and substituting “principals, system principals”.
(2) Paragraph
14 of subsection 8 (1) of the Act is amended by striking out “principal” and
substituting “principal, system principal”.
(3) Paragraph
16 of subsection 8 (1) of the Act is amended by striking out “principals” and
substituting “principals, system principals”.
(1) Paragraph 26 of subsection 11 (1) of the Act is amended by
striking out “principals” and substituting “principals, system principals”.
(2) Subsection
11 (1) of the Act is amended by adding the following paragraph:
system
principals
26.0.0.1 providing
that a provision of
an Act or regulation that applies to principals also
applies to system principals, with the modifications and in the circumstances
prescribed by the regulations;
Subsection 171 (1) of the Act is amended by adding the following paragraph:
system
principals
5.2 appoint
teachers to be system principals, and every appointee shall hold the qualifications
and perform the duties required under this Act;
The Act is amended by adding the following section:
System
principals
Duties
of system principals
265.1
(1) It is
the duty of a system principal,
(
a) to lead or support a function, program
or initiative of a board in respect of multiple schools of the board, or in
respect of the schools or the pupils of the board generally;
(
b) to
exercise managerial functions for one or more employees
of a board ; and
(
c) to
perform any other duties assigned by the board or prescribed by the regulations.
Labour
Relations Act, 1995
(2) The
Labour Relations Act, 1995 does not apply to a
system principal.
Regulations
(3) The
Lieutenant
employment for system principals.
The definition of “teacher” in subsection 277.15 (1) of the Act is amended by
striking out “a vice-principal” and substituting “a vice-principal, a system
principal”.
Subsection 277.20 (1) of the Act is amended by striking out “which principal”
in the portion before clause (
a) and substituting “which principal or system
principal”.
The heading to
Part XI.1 of the Act is repealed and the following substituted:
PART XI.1
PERFORMANCE APPRAISAL OF PRINCIPALS, VICE-PRINCIPALS , SYSTEM PRINCIPALS,
DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Clauses 287.2 (
a) and (
b) of the Act are repealed and the following
substituted:
(
a) to
ensure that pupils receive the benefit of an education system staffed by
directors of education, supervisory officers, principals, vice-principals and,
if appropriate, system principals, who are performing their duties
satisfactorily;
(
b) to
provide for fair, effective and consistent evaluation of directors of
education, supervisory officers, principals, vice-principals and system
principals; and
Subsection 287.4 (1) of the Act is amended by striking out “principals and
vice-principals” in the portion before clause (
a) and substituting “principals,
vice-principals and system principals”.
Subsection 287.5 (8) of the Act is amended by striking out “principals or
vice-principals” and substituting “principals, vice-principals or system
principals”.
Subsection 287.6 (1) of the Act is amended by striking out “principal or
vice-principal” and substituting “principal, vice-principal or system
principal”.
(1) Subsection 287.7 (1) of the Act is amended by striking out
“principal or vice-principal” wherever it appears and substituting in each case
“principal, vice-principal or system principal”.
(2) Subsection
287.7 (2) of the Act is amended by striking out “principal or vice-principal”
wherever it appears and substituting in each case “principal, vice-principal or
system principal”.
Provincial
Schools Authority Act
(1) Section 1 of the Provincial Schools
Authority Act is amended by adding the following definition:
“system
principal” means a person appointed by the Authority under paragraph 5.2 of
subsection 171 (1) of the Education Act . (“ directeur de
service”)
(2) Subsection
3 (1) of the Act is amended by striking out “the teachers and principals and
vice-principals” and substituting “the teachers, principals, vice-principals
and system principals”.
(3) Subsection
7 (1) of the Act is amended by striking out “for principals and for
vice-principals” at the end and substituting “for principals, vice-principals
and system principals”.
(4) Subsection
7 (2) of the Act is repealed.
School
Boards Collective Bargaining Act, 2014
Section 8 of the School Boards Collective Bargaining Act,
2014 is amended by striking out “principals and vice-principals” and
substituting “principals, vice-principals and system principals”.
Teaching
Profession Act
The definition of “teacher” in
section 1 of the Act is amended by striking out
“a vice-principal” and substituting “a vice-principal, a system principal”.
Commencement
This
Schedule comes into force on the later of January 31, 2025 and the day the
Cutting Red Tape, Building Ontario Act, 2024
receives Royal Assent.
SCHEDULE 6
ELECTION FINANCES ACT
(1) Subsection 17 (2) of the Election Finances
Act is amended by striking out “subsection (1)” and substituting
“subsection (1) or (1.1)”.
(2) Section
17 of the Act is amended by adding the following subsections:
Forgiveness
of pre-2017 amounts
(4) The
Chief Electoral Officer may, in writing, forgive the payment of an amount owing
to the Chief Electoral Officer under subsection (2) if the amount first became
owing to the Chief Electoral Officer before January 1, 2017.
Considerations
re forgiveness
(5) In
determining whether to forgive the payment of an amount under subsection (4),
the Chief Electoral Officer shall consider, in addition to any other relevant
factors,
(
a) whether
there is a reasonable prospect of collecting the amount;
(
b) how
the amount became owing to the Chief Electoral Officer; and
(
c) whether
the political party, constituency association, nomination contestant, candidate
or leadership contestant that owes the amount was previously forgiven under
subsection (4) in respect of a different amount.
Effect
of forgiveness
(6) If
the payment of an amount owing under subsection (2) is forgiven, subsections
(1) to (3) cease to apply with respect to the amount or to the contribution in
respect of which the amount was owing.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 7
ENVIRONMENTAL PROTECTION ACT
Subsection 168.4 (1) of the Environmental Protection Act
is amended by adding “Subject to the regulations” at the beginning of the
portion before paragraph 1.
Subsection 176 (10) of the Act is amended by adding the following clause:
(a.1) prescribing
circumstances in which an owner of a property is prohibited from submitting for
filing in the Registry a record of site condition in respect of the property;
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 8
EXPROPRIATIONS ACT
Subsection 1 (2) of the Expropriations Act is
repealed and the following substituted:
Service
(2) Any
document required by this Act to be served may be served personally or by
registered mail addressed to the person to be served at the person’s last known
address or, if that person or person’s address is unknown, by publication in
accordance with the regulations, and service shall be deemed to be made,
(
a) in
the case of service by registered mail, on the second day after the day of
mailing; and
(
b) in
the case of service by publication, on the day that is three weeks after the first
publication of the document.
Subsection 6 (1) of the Act is amended by striking out “once a week for three
consecutive weeks in a newspaper having general circulation in the locality in
which the lands are situate” at the end and substituting “in accordance with
the regulations”.
Section 44 of the Act is amended by adding the following clause:
(
e) governing
the publication of notices and other documents for the purposes of this Act,
including,
(
i) requiring
publication by specified methods, including print and electronic methods,
(ii) imposing
different requirements based on who is required to publish a notice or other
document,
(iii) defining
“first publication” for the purposes of clause 1 (2) (
b) and subsection 6 (2).
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 9
FAMILY LAW ACT
The definition of “child” in subsection 1 (1) of the Family
Law Act is amended by striking out “whom” and substituting “in respect
of whom”.
Subsection 59.8 (1) of the Act is amended by adding “Subject to
section 59.9,”
at the beginning.
The Act is amended by adding the following section:
Enforcement
of family arbitration award for support
59.9
(1) A party
who is entitled to the enforcement of a family arbitration award that contains
a provision for support or maintenance may file the award with the clerk of the Superior Court of Justice or the Family
Court together with the following documentation:
1. A
copy of the family arbitration agreement.
2. Copies
of the certificates of independent legal advice.
Effect
of filing
(2) A
provision for support or maintenance contained in an award that is filed in
accordance with subsection (1) may be enforced as if it were an order of the
court where it is filed.
Right
to set aside award not affected
(3) For
greater certainty, the filing of an award under subsection (1) does not affect
the right of a party to apply to the court under subsection 46 (1) of the Arbitration Act, 1991 to set aside the award.
Family
Responsibility and Support Arrears Enforcement Act, 1996
(1) The definition of “support order” in subsection 1 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996
is amended by striking out “or” at the end of clause (h), by adding “or” at the
end of clause (
i) and by adding the following clause:
(
j) a
family arbitration award that is enforceable under
section 59.9 of the Family Law Act .
(2) Subsection
21 (3) of the Act is amended by adding the following clause:
(
d) if
the support order is a family arbitration award, by the Superior Court of
Justice or the Family Court.
(3) Subsection
21 (8) of the Act is amended by adding the following clause:
(
d) family
arbitration awards that are enforceable under
section 59.9 of the Family Law Act .
(4) Subclause
35 (6) (a) (
i) of the Act is amended by striking out “subclause (ii)” and
substituting “subclause (ii) or (iii)”.
(5) Clause
35 (6) (
a) of the Act is amended by striking out “and” at the end of subclause
(ii) and by adding the following subclause:
(iii) if
the support order is a family arbitration award, the Superior Court of Justice
or the Family Court; and
Interjurisdictional
Support Orders Act, 2002
The definition of “support order” in
section 1 of the Interjurisdictional
Support Orders Act, 2002 is amended by striking out “and” at the end of
clause (
a) and by adding the following clause:
(a.1) the
provisions of a family arbitration award requiring the payment of support if
they are enforceable in the jurisdiction in which the award was made as if they
were contained in an order of a court of that jurisdiction, and
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 10
FARM IMPLEMENTS ACT
Section 3 of the Farm Implements Act is amended by
adding the following subsection:
Provisions
altering jurisdiction void
(7) Any
provision in a dealership agreement purporting to restrict the application of
the law of Ontario or to restrict jurisdiction or venue to a forum outside
Ontario is void with respect to a claim under the dealership agreement or a
claim otherwise enforceable under this Act in Ontario.
Clauses 4 (5) (
c) and (
d) of the Act are repealed.
(1) Subsection 5 (1) of the Act is amended by striking out “any
matter” and substituting “any matter, other than a dispute regarding the
refusal to renew or termination of a dealership agreement”.
(2) Subsection
5 (5) of the Act is repealed and the following substituted:
Hearing
(5) If
the parties to a dispute are unable to resolve it with the assistance of a
mediator or if the dispute is regarding the refusal to renew or termination of
a dealership agreement, any of the parties to the mediation or the dealership
agreement, as the case may be, may apply to the Tribunal for a hearing.
Dealership
agreement continues
(5.1) Except
in the circumstances set out in subsection (5.2), where a dealer or distributor
has the right under the Act to refuse to renew or to terminate a dealership
agreement and has exercised that right, the dealership agreement is deemed not
to have been terminated or expired until,
(
a) in
the case that the dispute has been referred to the Tribunal for a hearing,
following the Tribunal’s decision regarding whether the dealer or distributor
had properly exercised its rights related to the decision not to renew or the
termination; or
(
b) the
day that is 30 days following the termination or expiry of the dealership
agreement.
Same
(5.2) Subsection
(5.1) does not apply where a dealer or distributor exercises their rights under
the Act to refuse to renew or to terminate a dealership agreement in any of the
following circumstances:
1. The
dealership agreement was terminated or not renewed with the written consent of
the dealer and distributor.
2. The
dealer or distributor makes an assignment in bankruptcy under the Bankruptcy and Insolvency Act (Canada), a bankruptcy
order has been made against the dealer or the dealer, being bankrupt, has not
been discharged from bankruptcy.
3. An
application is made under the Business Corporations Act
to wind up, dissolve or liquidate the dealership or the dealership is being
wound up by order of the court under that Act.
4. In
the prescribed circumstances.
(3) Subsections
5 (7) to (9) of the Act are repealed.
Subsection 6 (2) of the Act is amended by striking out “registration or renewal
of registration as a dealer or distributor is entitled to registration or
renewal” and substituting “registration as a dealer or distributor is entitled
to registration”.
(1) Subsection 7 (1) of the Act is amended by striking out “or
renew”.
(2) Subsection
7 (2) of the Act is amended by striking out “or renew”.
(1) Subsection 8 (1) of the Act is amended by striking out “or
renew”.
(2) Subsection
8 (8) of the Act is repealed.
(1) Section 35 of the Act is amended by adding the following clause:
(
e) prescribing
circumstances for the purposes of subsection 5 (5.2);
(2) Clauses
35 (
f) and (
g) of the Act are amended by striking out “or renewal of
registration” wherever it appears.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 11
JURIES ACT
Section 4.1 of the Juries Act is repealed and the
following substituted:
Jury
source list
4.1
(1) In this
section,
“Minister”
means the Minister of Health or such other member of the Executive Council to
whom the administration of the Health Insurance Act
may be assigned.
Duty
to prepare
(2) On
or before June 1 in each year, the Minister shall prepare and disclose to the
Jury Sheriff a jury source list that sets out the information referred to in
subsection (3) in respect of every person who, according to the most recent
information available to the Minister,
(
a) is
registered as an insured person under the Health Insurance
Act ;
(
b) resides
in Ontario;
(
c) is
a Canadian citizen; and
(
d) is
at least 18 years of age or will attain that age on or before December 31 of
the year in which the list is provided.
Information
(3) The
jury source list shall set out the following information respecting each person
included in the list:
1. The
person’s name.
2. The
person’s year of birth.
3. The
person’s most recent residential address and, if different, mailing address.
use other than for jury roll
(4) The
Jury Sheriff shall ensure that the information referred to in subsection (3) is
used only for the purpose of creating the jury roll under sections 6 to 8.
disclosure
(5) The
Jury Sheriff shall ensure that the jury source list is not disclosed unless the
Jury Sheriff is required by law to do so.
Security
(6) The
Jury Sheriff shall keep the jury source list in a secure location or, in the
case of an electronic jury source list, in a secure database under the Jury
Sheriff’s control.
Subsections 6 (4) and (5) of the Act are repealed and the following
substituted:
Selection
(4) For
the purposes of subsections (1) and (2), the Jury Sheriff shall randomly select
the required number of persons to receive the jury questionnaire or
instructions from among the persons included in the jury source list disclosed
under
section 4.1.
Address
(5) The
jury questionnaire or instructions shall be mailed to the mailing address
indicated for the person in the jury source list disclosed under
section 4.1.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 12
JUSTICES OF THE PEACE ACT
(1) Subsection 2.1 (2) of the Justices of the
Peace Act is amended by striking out “three” in the portion before
paragraph 1 and substituting “four”.
(2) Paragraph
3 of subsection 2.1 (2) of the Act is repealed and the following substituted:
3. Two
persons appointed by the Attorney General.
(3) Section
2.1 of the Act is amended by adding the following subsection:
Alternate
(2.1) In
addition to the core members appointed under subsection (2), the Committee
shall include the following person, appointed by the Chief Justice of the
Ontario Court of Justice, to act in the absence of the member appointed under
paragraph 1 of subsection (2):
1. If
the member is a judge of the Ontario Court of Justice, another judge of that
Court.
2. If
the member is a justice of the peace, another justice of the peace.
(4) Subsection
2.1 (5) of the Act is repealed and the following substituted:
Regional
leads and alternates
(5) The
Attorney General shall, for each region, designate from among the regional
members for that region,
(
a) a
regional lead; and
(
b) a
member to act in the absence of the regional lead.
(5) Section
2.1 of the Act is amended by adding the following subsections:
Vice-chair
(9.1) The
Attorney General shall designate one of the core members as vice-chair of the
Committee for a term of up to three years.
Term
of office
(9.2) The
same person may serve as vice-chair for two or more terms.
Powers
(9.3) The
vice-chair has the powers of the chair when acting for the chair, but is
otherwise not entitled to vote.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 13
LAND TITLES ACT
(1) Subclauses 57 (4) (a) (ii) and (iii) of the Land Titles Act are repealed and the following
substituted:
(ii) the
registration of a fraudulent instrument, or
(iii) any
misdescription, omission or other error in a certificate of ownership or in an
entry on the register attributable to an officer appointed under this Act or
their representative in a land registry office;
(2) Clause
57 (4) (
b) of the Act is amended by striking out “some other person being
registered as owner through fraud” at the end and substituting “the
registration of a fraudulent instrument”.
(3) Subsection
57 (4.2) of the Act is repealed.
(1) Subsection 59 (1) of the Act is amended by striking out “or” at
the end of clause (e), by adding “or” at the end of clause (
f) and by adding
the following clause:
prescribed
claims or claimants
(
g) in
the case of a prescribed claim or where the person is a prescribed claimant.
(2) Subsection
59 (2) of the Act is repealed and the following substituted:
Definition
(2) In
this section,
“claimant”
includes the person actually making the claim and, if the claim is being made
on someone’s behalf, the person on whose behalf the claim is made.
Section 171 of the Act is repealed.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 14
LAW SOCIETY ACT
Subsection 54 (6) of the Law Society Act is
repealed and the following substituted:
Annual
report
(6) No
later than 120 days after the end of each fiscal year of the Government of
Ontario, the board shall provide the Attorney General with a copy of an annual
report for the previous calendar year, which shall include the report of the
auditor under subsection (5) and such other information as the Attorney General
requires.
Same
(7) The
Foundation shall make its annual report publicly accessible by publishing it on
its website and by making it available as a document in paper format or in any
other format, on request and at cost, to members of the public.
Commencement
This
Schedule comes into force on the day Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 15
LEGISLATIVE ASSEMBLY ACT
Section 108.1 of the Legislative Assembly Act is
repealed.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 16
MINING ACT
Section 176 of the Mining Act is amended by adding
the following subsection:
Regulations
re service standards
(2.1.2) Except
as otherwise governed by this Act or the regulations, the Minister may make
regulations respecting service standards for the processing of any application,
submission or filing under this Act or the regulations, including establishing standard
time periods for procedural steps to be taken by the Minister or Ministry.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 17
MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020
The
Preamble to the Modernizing Ontario for People and
Businesses Act, 2020 is struck out and the following substituted:
Preamble
The
Ontario government is committed to supporting individuals and regulated
entities, while ensuring appropriate regulatory oversights that protect
workers, the environment and the public interest, including health and safety.
The
Ontario government recognizes that regulatory modernization enables economic
growth, prosperity and a strong business climate, and supports the unique needs
of small businesses.
part of the Ontario government’s regulatory modernization efforts, it is also
committed to reducing unnecessary burdens faced by individuals when interacting
with the government.
The
Ontario government is dedicated to a regulatory environment that considers both
costs and benefits as part of government decision making, utilizes recognized
standards, provides digital options and recognizes excellent compliance
records. The Ontario government is committed to supporting the needs of
individuals and regulated entities by ensuring interactions with government are
efficient and straightforward.
Section 3 of the Act is repealed and the following substituted:
Analysis
of regulatory impact, regulated entities
Where
an instrument governed by this Act that would affect a regulated entity is proposed
and where the additional prescribed criteria, if any, apply, the minister
responsible for the administration of the instrument shall ensure that,
(
a) an
analysis of the potential regulatory impact is conducted, including the
prescribed direct compliance costs; and
(
b) the
analysis is published in the prescribed manner.
Analysis of regulatory
impact, individuals
3.1 Where an instrument
governed by this Act that would affect an individual is proposed and where the
additional prescribed criteria, if any, apply, the minister responsible for the
administration of the instrument shall ensure that,
(
a) an
analysis of the potential regulatory impact is conducted; and
(
b) the
analysis is published in the prescribed manner.
Paragraphs 3, 4 and 5 of
section 4 of the Act are repealed and the following
substituted:
3. Digital
services that are accessible to regulated entities and individuals, as
applicable, should be provided.
4. Regulated
entities and individuals that demonstrate excellent compliance should be
recognized.
5. Unnecessary
reporting should be reduced, and steps should be taken to avoid requiring regulated
entities or individuals to provide the same information to government
repeatedly.
Clause 10 (2) (
f) of the Act is repealed and the following substituted:
(
f) governing
analyses required under
section 3, including prescribing additional criteria
for when an analysis is required, the information that is to be included in an
analysis, the scope of the direct compliance costs to be considered in an
analysis and the manner in which an analysis is to be published;
(f.1) governing
analyses required under
section 3.1, including prescribing additional criteria
for when an analysis is required, the information that is to be included in an
analysis and the manner in which an analysis is to be published;
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Cutting Red Tape, Building
Ontario Act, 2024 receives Royal Assent.
(2) Sections
2 and 4 come into force on a day to be named by proclamation of the Lieutenant
Governor.
SCHEDULE 18
NORTHERN SERVICES BOARDS ACT
The definition of “Minister” in
section 1 of the Northern
Services Boards Act is repealed and the following substituted:
“Minister”
means the Minister of Northern Development or such other member of the
Executive Council to whom responsibility for the administration of this Act may
be assigned or transferred under the Executive Council Act ;
(“ministre”)
Subsections 4 (2) to (4) of the Act are repealed.
Section 5 of the Act is amended by striking out “shall be for one year from the
1st day of October in any year to the 30th day of September in the next year”
at the end and substituting “shall be for three years from the 1st day of
October in any year to the 30th day of September three years later”.
Section 7 of the Act is amended by adding the following subsections:
Fire
protection services
(2.1) Despite
subsections (1) and (2), if the power to provide fire protection services is
designated in the order of the Minister, a Board may provide fire protection
services outside the Board area.
. . . .
Definition
(8) In
subsection (2.1),
“fire
protection services” has the same meaning as in the Fire
Protection and Prevention Act, 1997 .
(1) Subsection 10 (3) of the Act is amended by adding “Subject to
subsections (4) and (5)” at the beginning.
(2) Section
10 of the Act is amended by adding the following subsections:
Closed
Meetings
(4) A
part of a meeting of the Board shall be closed to the public if the subject
matter being considered during that part of the meeting is,
(
a) a
request made under the Municipal Freedom of Information
and Protection of Privacy Act , if the Board is the head of an
institution for the purposes of that Act; or
(
b) an
ongoing investigation respecting the Board by the Ombudsman appointed under the
Ombudsman Act .
Same
(5) A
part of a meeting of the Board may be closed to the public if the subject
matter being considered at that part of the meeting involves,
(
a) personal
matters about an identifiable individual;
(
b) litigation
or potential litigation affecting the Board;
(
c) advice
that is subject to solicitor-client privilege, including communications
necessary for that purpose;
(
d) information
province or territory or a Crown agency of any of them; or
(
e) a
position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the Board.
Resolution
(6) Before
holding a part of a meeting that is to be closed to the public, a Board shall
state, by resolution, the fact that part of the meeting will be closed to the
public and the general nature of the matter to be considered at that part of
the meeting.
Open
during vote
(7) Subject
to subsection (8), a meeting shall not be closed to the public during the
taking of a vote.
Exception
(8) A
meeting may be closed to the public during a vote if,
(a) subsection
(4) or (5) requires or permits the part of the meeting to be closed to the
public; and
(
b) the
vote is for a procedural matter or for giving directions or instructions to
officers or agents of the Board or persons retained by or under a contract with
the Board.
The Act is amended by adding the following section:
Investigation
10.1
(1) A person
may request that an investigation of whether a Board has complied with
subsections 10 (4) to (8) in respect of a meeting or part of a meeting that was
closed to the public be undertaken by the Ombudsman appointed under the Ombudsman Act .
Requirement
to pass resolution re report
(2) If
a Board receives a report from the Ombudsman reporting the Ombudsman’s opinion,
and the reasons for it, that a meeting or part of a meeting that was the
subject matter of an investigation appears to have been closed to the public
contrary to subsections 10 (4) to (8), the Board shall pass a resolution
stating how it intends to address the report.
Clauses 14 (4) (
b) and (
c) of the Act are repealed and the following
substituted:
(
b) keep
minutes of such meetings, including any part of a meeting that is closed to the
public in accordance with subsection 10 (4) or (5);
(
c) except
for any portion of the minutes that pertain to a part of a meeting that is
closed to the public in accordance with subsection 10 (4) or (5), ensure that
copies of the minutes of meetings are posted in at least one location visible
to the public in the Board area and, if available, by electronic means or in an
electronic format;
Clause 16 (
c) of the Act is amended by striking out “annual audit report” at
the end and substituting “review engagement of financial statements”.
(1) Subsection 19 (1) of the Act is amended by striking out “In each
year” at the beginning and substituting “In each election year”.
(2) Subsection
19 (4) of the Act is amended by striking out “If the Board fails to call an
election meeting” at the beginning and substituting “If in an election year the
Board fails to call an election meeting”.
(3) Subsection
19 (5) of the Act is amended by striking out “If in any year” at the beginning
and substituting “If in an election year”.
Section 21 of the Act is amended by,
(
a) striking
out “after the election meeting” and substituting “in each fiscal year”; and
(
b) adding
“for that fiscal year” at the end.
Section 21.1 of the Act is repealed.
(1) Subsection 26 (1) of the Act is amended by striking out “be
shown on the tax bill for such property as “Taxes for the purposes of The Local
Services Board of (or Impôts prélevés aux fins de la régie locale des services
publics de) ... (naming the Board)”, and shall”.
(2) Subsection
26 (2.1) of the Act is amended by,
(
a) striking
out “shown on the tax bill under the Provincial Land Tax
Act, 2006 in respect of the property as “Fees for the purposes of The
Local Services Board of (or Droits perçus aux fins de la régie locale des
services publics de) ... (naming the Board)”, and shall be”; and
(
b) striking
out “that Act” at the end and substituting “the Provincial
Land Tax Act, 2006 ”.
Section 29 of the Act is repealed and the following substituted:
Review
engagement of financial statements
(1) A
Board shall engage a chartered professional accountant who is not a member of
the Board to undertake a review engagement of the Board’s financial statements
and to make a review engagement report to the Board annually, or more often as
the Board requires.
Fiscal
year
(2) The
fiscal year of a Board is the year commencing on the 1st day of October and ending
on the following 30th day of September.
Copy
of report to Minister
(3) The
secretary shall send a copy of the reviewed financial statements and the review
engagement report to the Minister.
Audit
required by Minister
(4) The
Minister may at any time cause the accounts and transactions of a Board to be
audited by a chartered professional accountant who is not a member of the Board.
expense of Board
(5) A
review engagement referred to in subsection (1) or an audit referred to in
subsection (4) shall be at the Board’s expense.
Examination
of documents
(6) The
secretary shall permit any inhabitant at any reasonable time to examine and
copy,
(
a) the
reviewed financial statements;
(
b) the
review engagement report; and
(
c) if
the Minister causes a Board’s accounts and transactions to be audited in
accordance with subsection (4), any audit report.
(1) Paragraph 2 of the
Schedule to the Act is amended by,
(
a) striking
out “fire suppression and other fire protection activities” in clause (
a) and
substituting “fire protection services within the meaning of the Fire Protection and Prevention Act, 1997 ”; and
(
b) striking
out “fire protection” at the end of clause (
b) and substituting “fire
protection services within the meaning of the Fire
Protection and Prevention Act, 1997 ”.
(2) Clauses
(
a) and (
b) of paragraph 3 of the
Schedule to the Act are repealed and the
following substituted:
(
a) establish
and maintain a system for the collection or removal, or any combination of
them, of compost, garbage or recycling, or any combination of them; or
(
b) contract
for the collection, removal or disposal, or any combination of them, of
compost, garbage or recycling, or any combination of them,
(3) Paragraph
7 of the
Schedule to the Act is repealed.
Commencement
This
Schedule comes into force on August 1, 2025.
SCHEDULE 19
OMBUDSMAN ACT
The Ombudsman Act is amended by adding the
following section:
Specific
powers of investigation re Local Services Boards
14.2
(1) This Act
does not apply to a Local Services Board except in accordance with this
section.
Application
(2) This
section applies in the circumstances described in subsection 10.1 (1) of the Northern Services Boards Act .
Investigation
by Ombudsman
(3) If
a person makes a request under subsection 10.1 (1) of the Northern
Services Boards Act , the Ombudsman may investigate whether a Local
Services Board has complied with subsections 10 (4) to (8) of the Northern Services Boards Act in respect of a meeting or
part of a meeting that was closed to the public.
Report
and recommendations
(4) If,
after completing an investigation under subsection (3), the Ombudsman is of the
opinion that the meeting or part of the meeting that was the subject-matter of
the investigation appears to have been closed to the public contrary to subsections
10 (4) to (8) of the Northern Services Boards Act ,
the Ombudsman shall report their opinion, and the reasons for it, to the Local
Services Board and may make such recommendations as they think fit.
Reports
to be public
(5) The
Local Services Board shall ensure that reports received under subsection (4) by
the Local Services Board are made available to the public.
Ombudsman
may publish report
(6) The
Ombudsman may, after making a report under subsection (4), publish the report
or otherwise make it available to the public.
Application
of other provisions
(7) Subsections
7.3 (3), 14 (2) and (3), and 15 (1), (2), and (3), sections 16 and 17,
subsections 18 (2) and (3.2), 19 (3) to (9) and 22 (2), sections 23 and 24,
subsections 25 (2.1) to (2.3) and sections 26 to 28 apply for the purposes of
this section.
Application
of other provisions – necessary modifications
(8) Subsections
15 (2.1), 18 (1), (3) (3.1) and (6), 19 (1) and (2) and 25 (1) and (2) apply
for the purposes of this section, with necessary modifications, and for that
purpose,
(
a) references
to a head of a public sector body shall be read as references to the chair of
the Local Services Board or, in the absence of a chair, the acting chair
appointed in accordance with subsection 9 (2) of the Northern
Services Boards Act ;
(
b) references
to an officer, employee or member of a public sector body shall be read as
references to a member of the Local Services Board; and
(
c) references
to a public sector body shall be read as references to a Local Services Board.
Definition
(9) In
this section,
“Local
Services Board” means a Local Services Board established under
Part I of the Northern Services Boards Act .
Subsection 19 (3) of the Act is amended by striking out “the Municipal Act, 2001 or the City of
Toronto Act, 2006 ” and substituting “the Municipal
Act, 2001 , the City of Toronto Act, 2006 or
the Northern Services Boards Act ”.
Commencement
This
Schedule comes into force on August 1, 2025.
SCHEDULE 20
ONTARIO HERITAGE ACT
Section 10 of the Ontario Heritage Act is amended
by adding the following subsections:
Exception
(2.1) Despite
subsection (2), approval of the Minister is not required for the release of
easements entered into by the Trust with owners of real property if the Trust
has determined that such a release over the property or part of the property would
not affect heritage attributes that are described in the easement.
Same
(2.2) For
greater certainty, despite subsection (2.1), any other applicable requirements
of the Act continue to apply to the property.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 21
ONTARIO NEW HOME WARRANTIES PLAN ACT
Subsection 1 (1) of the Ontario New Home Warranties Plan
Act is amended by adding the following
definitions:
“construction
contract” means an agreement between a builder and an owner of land which
provides for the construction of a home on the land; (“contrat de
construction”)
“purchase
agreement” means an agreement between a vendor and any person providing for the
purchase by such a person of a home; (“convention d’achat”)
“purchaser”
means a person who enters into a purchase agreement with a vendor for the
purchase of a home and includes an assignee of the purchaser’s interest in a
purchase agreement; (“acquéreur”)
Paragraph 1 of subsection 2.0.1 (5) of the Act is amended by striking out
“purchasers of homes or owners” at the end and substituting “owners or
prospective owners”.
Paragraph 1 of subsection 5.1 (2) of the Act is amended by striking out
“purchasers of homes or owners” at the end and substituting “owners or
prospective owners”.
(1) Subsection 10.2 (1) of the Act is amended by striking out “a
contract with an owner of land for the construction of a home on the land” in
the portion before clause (
a) and substituting “a construction contract”.
(2) Subsection
10.2 (3) of the Act is amended by striking out the portion before clause (
a) and substituting the following:
Construction
contract
(3) Subject
to the prescribed requirements or restrictions, if any, a builder shall not
enter into a construction contract unless the builder,
. . . .
Subsection 11 (2) of the Act is repealed and the following substituted:
Disclosures
on entering into contract
(2) When
a vendor enters into a purchase agreement or construction contract with a
prospective owner, the vendor shall deliver to the prospective owner such
documentation and notices respecting the Plan as are prescribed by the
regulations.
(1) Subsection 14 (1) of the Act is repealed and the following
substituted:
Compensation
(1) Subject
to the regulations, a purchaser is entitled to receive payment out of the
guarantee fund for the amount that the purchaser paid to the vendor as a
deposit or other payment to be credited to the purchase price under the
purchase agreement on closing if,
(
a) the
purchaser has exercised a statutory right to rescind the purchase agreement
before closing; or
(
b) the
purchaser has a cause of action against the vendor resulting from the fact that
title to the home has not been transferred to the purchaser because,
(
i) the
vendor has gone into bankruptcy, or
(ii) the
vendor has fundamentally breached the purchase agreement.
(2) Subsection
14 (2) of the Act is amended by striking out “a contract with a builder for the
construction of a home on the land” and substituting “a construction contract”.
(3) Clause
14 (3) (
a) of the Act is amended by striking out “a contract to construct the
home on land owned by the person” and substituting “a construction contract”.
(4) Subsection
14 (5) of the Act is amended by striking out “a contract” and substituting “a
construction contract”.
(5) Subsection
14 (5.0.3) of the Act is repealed and the following substituted:
Delayed
occupancy or closing
(5.0.3) Subject
to the regulations, a person who has entered into a purchase agreement is
entitled to receive payment out of the guarantee fund for a delay in,
(
a) occupancy
of the home, as determined by the regulations; or
(
b) closing
the purchase agreement, as determined by the regulations.
(1) Subsection 17 (2) of the Act is amended by striking out “arising
out of the contract” and substituting “arising out of a purchase agreement or
construction contract”.
(2) Subsection
17 (4) of the Act is amended by striking out “Every agreement between a vendor”
at the beginning and substituting “Every purchase agreement and construction
contract between a vendor”.
(1) Subsection 23 (1) of the Act is amended by adding the following
clauses:
(
c) subject
to the approval of the Minister, requiring a purchaser of a specified type of
home to notify the Corporation of a purchase agreement, including,
(
i) governing
the timelines for the purchaser to provide the notice,
(ii) governing
the manner in which notice must be provided by the purchaser,
(iii) governing
information that the purchaser is required to provide to the Corporation;
(
d) subject
to the approval of the Minister, requiring an owner of land to notify the
Corporation of a construction contract, including,
(
i) governing
the timelines for an owner of land to provide the notice,
(ii) governing
the manner in which notice must be provided by the owner of land,
(iii) governing
the information that the owner of land is required to provide to the
Corporation;
(2) Clause
23 (1) (m.3) of the Act is repealed and the following substituted:
(m.3) subject
to the approval of the Minister, governing the entitlement to payment out of
the guarantee fund, including interest, as compensation under subsection 14
(1) or (2), including,
(
i) in
the case of a purchaser’s entitlement under subsection 14 (1), providing for
the maximum amount of entitlements and different entitlements to be paid,
depending on the date the purchase agreement was entered into, the type of home
that was purchased or whether the purchaser has complied with a requirement set
out in a by-law made under clause (
c) of this subsection, and prescribing
methods for determining a purchaser’s entitlement to compensation,
(ii) in
the case of the entitlement of an owner of land under subsection 14 (2),
providing for the maximum amount of entitlements and different entitlements to
be paid, depending on the date the construction contract was entered into or
whether the owner of land has complied with a requirement set out in a by-law
made under clause (
d) of this subsection, and prescribing methods for
determining an owner’s entitlement to compensation;
(m.3.1) subject
to the approval of the Minister, governing the entitlement of a person to
payment out of the guarantee fund, including interest, as compensation under
subsections 14 (3), (4) and (5.0.3);
(3) Clause
23 (1) (m.4) of the Act is amended by striking out “governing agreements that a
vendor enters into with a purchaser” in the portion before subclause (
i) and
substituting “governing purchase agreements”.
(4) Section
23 of the Act is amended by adding the following subsection:
By-laws
made under subs. (1) (m.3)
(3) Without
limiting the generality of clause (1) (m.3), a by-law made under that clause
may provide,
(
a) for
the establishment and maintenance of a special fund within the guarantee fund
from which entitlements are to be paid in respect of claims where a purchaser
or owner of land has not complied with a requirement set out in a by-law made
under clause (1) (
c) or (d), as applicable;
(
b) for
the amount to be designated, on a specified periodic basis, to the special fund
from the guarantee fund; or
(
c) that
the amount of an entitlement arising from a claim referred to in clause (
a) may
be determined with reference to the amount in the special fund for a specified
period of time, and determining when payments out of the special fund may be
made.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 22
ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012
(1) Section 7 of the Ontario Underground
Infrastructure Notification System Act, 2012 is amended by adding the
following subsections:
Request
by affected member
(6.1) Within
10 business days after receiving the notice under subsection (6), an affected
member may submit a request to the Corporation to be approved to respond to
notifications made by the Corporation under subsection (9.1) respecting the
member’s own underground infrastructure.
Factors
in Corporation’s determination
(6.2) If
an affected member has submitted a request to the Corporation pursuant to
subsection (6.1), the Corporation shall consider the request, having regard to,
(
a) safety
concerns;
(
b) the
specialized nature of the affected member’s infrastructure;
(
c) any
limitations regarding the affected member’s mapping information; and
(
d) any
other factors that may be prescribed by the Minister.
Determination
and notice
(6.3) Within
15 business days of receiving the request under subsection (6.1), the
Corporation shall make a determination and provide written notice of the determination
to the affected member, the project owner and any other affected member with
respect to the project.
Determination
final
(6.4) A
determination made under subsection (6.3) is final and there is no right to
appeal that decision.
Effect
of determination
(6.5) The
following requirements apply once the Corporation has made a determination
under subsection (6.3):
1. In
the case that the Corporation approves a request made by a member under
subsection (6.1),
i. the
member ceases to be an affected member for the purposes of this section, and
ii. the
project owner and any remaining affected members shall comply with subsection
(7) within 10 business days of receiving the notice under subsection (6.3).
2. In
the case that the Corporation denies a request by a member made under
subsection (6.1),
i. the
member continues to be an affected member for the purposes of this section, and
ii. the
project owner and the affected members shall comply with subsection (7) within
10 business days of receiving the notice under subsection (6.3).
(2) Subsection
7 (7) of the Act is amended by striking out the portion before clause (
a) and
substituting the following:
(7) Within
10 business days after receiving the notice under subsection (6) or, if a
request is made under subsection (6.1), in accordance with the timing set out
in subsection (6.5),
. . . .
(3) Clause
7 (7) (
a) of the Act is amended by striking out “the affected members and the
project owner” at the beginning and substituting “the project owner and any
affected members who have not made a request under subsection (6.1) or who have
received notice that their request has been denied under subsection (6.3)”.
(4) Subsection
7 (9.1) of the Act is amended by striking out “and” at the end of clause (a),
by adding “and” to the end of clause (
b) and by adding the following clause:
(
c) if
the excavation or dig set out in the dedicated locator request may affect
underground infrastructure owned or operated by a member of the Corporation whose
request was approved under subsection (6.3), each member whose infrastructure
may be affected.
(5) Subsection
7 (13) of the Act is amended by striking out “(9.1) (b)” in the portion before
paragraph 1 and substituting “(9.1) (
b) or (c)”.
(6) Subsection
7 (13) of the Act is amended by striking out “transmission” wherever it
appears.
(7) Subsection
7 (15) of the Act is amended by striking out “(9.1) (b)” and substituting
“(9.1) (
b) or (c)”.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 23
PROFESSIONAL ENGINEERS ACT
(1) Clause 12 (4) (
b) of the Professional
Engineers Act is amended by striking out “mercantile occupancy or
industrial occupancy” and substituting “mercantile occupancy, industrial
occupancy or agricultural occupancy”.
(2) Paragraph
3 of subsection 12 (6) of the Act is amended by adding the following
subparagraph:
v.1 agricultural
occupancy that exceeds 600 square metres in gross area or three storeys,
(3) Subparagraph
3 vii of subsection 12 (6) of the Act is amended by adding the following
sub-subparagraph:
B.1 agricultural
occupancy and any other occupancy, except industrial occupancy,
(4) Sub-subparagraph
3 vii C of subsection 12 (6) of the Act is amended by striking out “institutional
occupancy or industrial occupancy” in the portion before sub-subparagraph 3 vii
D and substituting “institutional occupancy, agricultural occupancy or
industrial occupancy”.
(5) Subsection
12 (8) of the Act is amended by adding the following definition:
“agricultural
occupancy” means the occupancy of a building or part thereof that is located on
land that is associated with and devoted to the practice of farming, and is
used for the purpose of producing crops, raising farm animals or preparing,
marketing, storing or processing agricultural products; (“établissement
agricole”)
Section 48 of the Act is repealed and the following substituted:
Annual
report
(1) No
later than 120 days after the end of each financial year of the Association,
the Council shall provide the Minister with a copy of an annual report for that
year containing such information as the Minister requires.
Same
(2) The
Association shall make its annual report publicly accessible by publishing it
on its website and by making it available as a document in paper format or in
any other format, on request and at cost, to members of the public.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Cutting Red Tape, Building
Ontario Act, 2024 receives Royal Assent.
(2) Section
1 comes into force on the later of January 1, 2025 and the day the Cutting Red Tape, Building Ontario Act, 2024 receives
Royal Assent.
SCHEDULE 24
RESIDENTIAL TENANCIES ACT, 2006
Section 212 of the Residential Tenancies Act, 2006
is amended by adding the following subsection:
When
error still constitutes substantial compliance
(2) For
greater certainty, an error in the contents of a form, notice or document still
constitutes substantial compliance with this Act, as long as the error does not
significantly prejudice a party’s ability to participate in a proceeding under
this Act.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 25
STATUTORY POWERS PROCEDURE ACT
Section 4.4 of the Statutory Powers Procedure Act
is repealed and the following substituted:
Incapacity,
failure to complete hearing or make decision
Incapacity,
panel of one
4.4
(1) In the
case of a panel of one person, if the person dies or is or appears to be, for
any other reason, unable to complete a hearing or to make a decision, the chair
of the tribunal may, on a party’s motion to the tribunal or on the chair’s own
initiative, assign another panel to complete the hearing or make a decision in
the person’s place.
Incapacity,
panel of more than one
(2) In
the case of a panel of more than one person, if a member of the panel dies or is
unable for any other reason to complete a hearing or to participate in a
decision, the remaining member or members may complete the hearing or make a
decision.
Failure
to meet reasonable time frame
(3) If
the chair of the tribunal is of the opinion that a panel has failed to complete
a hearing or make a decision within a reasonable time, the chair may specify a
deadline by which the panel must complete the hearing or make a decision.
Same
(4) For
the purposes of subsection (3), the chair of the tribunal,
(
a) shall
consider,
(
i) the
guidelines established by the tribunal under
section 16.2, and
(ii) the
service standard policy developed by the tribunal under
section 5 of the Adjudicative Tribunals Accountability, Governance and
Appointments Act, 2009 , if applicable; and
(
b) may
consider any other matter that, in the chair’s opinion, is relevant in the
circumstances.
Failure
to meet specified deadline
(5) If
a panel fails to meet a deadline specified under subsection (3), the chair of
the tribunal may, on a party’s motion to the tribunal or on the chair’s own
initiative, assign another panel to complete the hearing or make a decision in
the first panel’s place.
assigned to another panel
(6) The
panel assigned under subsection (1) or (5) shall determine whether to,
(
a) continue
the hearing or make a decision on the basis of the existing evidentiary record,
subject to subsection (8); or
(
b) rehear
the proceeding.
Same,
submissions
(7) If
the panel permits, the parties to the proceeding may make submissions on the
determination to be made by the panel under subsection (6).
Same,
powers
(8) Despite
clause (6) (a), the panel may, during or after the hearing, recall a witness or
require further evidence.
Other
Acts and regulations
(9) This
section is subject to any other Act or regulation that applies to the
proceeding.
Section 16.2 of the Act is amended by adding “and make publicly available”
after “shall establish”.
Assessment
Review Board Act
Section 6 of the Assessment Review Board Act is
repealed and the following substituted:
Assignment
The
chair shall arrange sittings of the Board and assign the members of the Board
to panels to conduct hearings.
Child,
Youth and Family Services Act, 2017
Subsections 266 (6) and (7) of the Child, Youth and Family
Services Act, 2017 are repealed.
Highway
Traffic Act
Subsection 96 (7) of the Highway Traffic Act is
repealed.
Human
Rights Code
Subsection 33 (3) of the Human Rights Code is
repealed.
Intercountry
Adoption Act, 1998
Subsections 15 (7) and (8) of the Intercountry Adoption
Act, 1998 are repealed.
Ontario
Works Act, 1997
Subsection 66 (4) of the Ontario Works Act, 1997 is
repealed.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 26
UNIVERSITY HEALTH NETWORK ACT, 1997
University
Health Network Act, 1997
The University Health Network Act, 1997 is
repealed.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 27
CONSEQUENTIAL AMENDMENTS IN RESPECT OF
SECTION 11.0.1 OF THE MINISTRY OF
INFRASTRUCTURE ACT, 2011 AND OTHER RELATED AMENDMENTS
Agricultural
Research and Innovation Ontario Act
Section 4 of the Agricultural Research and Innovation
Ontario Act is amended by adding the following subsections:
Lieutenant
Governor in Council’s approval for disposition of real property
(6) In
addition to any approval required under subsection (3), the Corporation shall
not dispose of a freehold interest in real property without the approval of the
Lieutenant Governor in Council.
Disposing
of easements, etc.
(7) For
greater certainty, subsection (6) does not apply in respect of assigning,
discharging or disposing an easement or covenant.
Building
Ontario Fund Act, 2024
(1) Section 10 of the Building Ontario Fund
Act, 2024 is repealed and the following substituted:
Powers
The
Corporation has the capacity, rights, powers and privileges of a natural person
for carrying out its objects, except as limited under this Act and
section
11.0.1 of the Ministry of Infrastructure Act, 2011 .
(2) Subsection
12 (2) of the Act is repealed and the following substituted:
Lieutenant
Governor in Council’s approval for disposition of real property
(2) In
addition to any approval required under subsection (1), the Corporation shall
not dispose of a freehold interest in real property without the approval of the
Lieutenant Governor in Council.
Investments
(3) Subsections
(1) and (2) do not apply with respect to investments made by the Corporation in
carrying out its objects under
section 3.
Capital
Investment Plan Act, 1993
(1) Subsection 4 (2) of the Capital Investment Plan
Act, 1993 is repealed and the following substituted:
Limitation
re real property
(2) The
capacity, rights, powers and privileges of a corporation established under
paragraph 1 or 3 of subsection 2 (1) are also subject to any limits imposed by
section 11.0.1 of the Ministry of Infrastructure Act, 2011 .
(2) Subsection
10 (2) of the Act is repealed and the following substituted:
Limitation
re real property
(2) Any
transfer under subsection (1) to a corporation established under paragraph 1 or
3 of subsection 2 (1) is subject to any limits imposed by
section 11.0.1 of the
Ministry of Infrastructure Act, 2011 .
(3) The
definition of “Minister” in
section 48 of the Act is repealed and the following
substituted:
“Minister”
means the Minister of the Environment, Conservation and Parks or such other
member of the Executive Council as may be assigned the administration of this
Act under the Executive Council Act . (“ministre”)
(4) Section
52 of the Act is amended by adding the following subsections:
Minister’s
approval for acquisition or disposition of real property
(3) Neither
the Agency nor any of its subsidiary corporations shall acquire or dispose of a
freehold interest in real property without the approval of the Minister.
Same
(4) Subsection
(3) does not apply to an acquisition from the Crown, to a disposition to the
Crown or to a disposition under subsection 26 (2) of the Ontario
Water Resources Act .
(5) Subsection
57.1 (4) of the Act is amended by striking out “Subsection 2 (4) and sections 4”
at the beginning and substituting “Subsections 2 (4) and 4 (1) and sections”.
Metrolinx
Act, 2006
(1) Section 8.1 of the Metrolinx Act, 2006
is amended by adding the following subsection:
Same
(2.1) Subsection
(2) does not apply with respect to an asset that the Corporation is prohibited
from holding, controlling or acquiring under
section 11.0.1 of the Ministry of Infrastructure Act, 2011 .
(2) Subsection
16 (1) of the Act is repealed and the following substituted:
Powers
(1) The
Corporation has the capacity, rights, powers and privileges of a natural person
for carrying out its objects, except as limited under this Act and
section
11.0.1 of the Ministry of Infrastructure Act, 2011 .
(3) Section
16 of the Act is amended by adding the following subsections:
Lieutenant
Governor in Council’s approval for disposition of real property
(4) The
Corporation shall not dispose of a freehold interest in real property without
the approval of the Lieutenant Governor in Council unless,
(
a) the
property is an asset described in
section 29 and it is disposed of in
accordance with that section;
(
b) the
property is specified by the regulations; or
(
c) any
other prescribed circumstances exist.
Disposition
in accordance with regulations
(5) A
disposition under subsection (4) shall be done in accordance with the
regulations, if any.
(4) Section
28 of the Act is amended by adding the following subsection:
Limitation
re real property
(3) Any
transfer under subsection (1) to the Corporation is subject to any limits
imposed by
section 11.0.1 of the Ministry of
Infrastructure Act, 2011 .
(5) Subsection
42 (2) of the Act is amended by adding the following clause:
(a.1) governing
the disposition of freehold interests in real property by the Corporation,
including specifying properties and prescribing circumstances for the purpose
of subsection 16 (4) and setting conditions that must be met before the
disposition may take place;
(6) Section
44 of the Act is amended by adding the following subsection:
Limitation
re real property
(1.1) The
transfer under subsection (1) is subject to any limits imposed by
section
11.0.1 of the Ministry of Infrastructure Act, 2011 .
(7) Section
47 of the Act is amended by adding the following subsection:
Limitation
re real property
(4.1) For
greater certainty, a transfer under subsection (1) is subject to any limits
imposed by
section 11.0.1 of the Ministry of
Infrastructure Act, 2011 .
Ontario
Cannabis Retail Corporation Act, 2017
(1) Subsection 5 (1) of the Ontario Cannabis
Retail Corporation Act, 2017 is repealed and the following substituted:
Powers
(1) The
Corporation has the capacity, rights, powers and privileges of a natural person
for carrying out its objects, except as limited under this Act and
section
11.0.1 of the Ministry of Infrastructure Act, 2011 .
(2) Section
5 of the Act is amended by adding the following subsection:
Lieutenant
Governor in Council’s approval for disposition of real property
(4.1) The
Corporation shall not dispose of a freehold interest in real property without
the approval of the Lieutenant Governor in Council.
Ontario
Food Terminal Act
Section 4 of the Ontario Food Terminal Act is
amended by adding the following subsections:
Minister’s
approval for acquisition of real property
(4) The
Board shall not acquire a freehold interest in real property without the
approval of the Minister.
Lieutenant
Governor in Council’s approval for disposition of real property
(5) The
Board shall not dispose of a freehold interest in real property without the
approval of the Lieutenant Governor in Council.
Ontario
Forest Tenure Modernization Act, 2011
Section 9 of the Ontario Forest Tenure Modernization Act,
2011 is amended by adding the following subsection:
Minister’s
approval for acquisition or disposition of real property
(5) The
exception in subsection (4) does not apply in respect of the acquisition or
disposition of a freehold interest in real property by the
Nawiinginokiima Forest Management Corporation or the Temagami Forest Management
Corporation, a nd approval of the Minister is required for such an
acquisition or disposition.
Ontario
Heritage Act
Section 10 of the Ontario Heritage Act is amended
by adding the following subsections:
Minister’s
approval for acquisition of Trust property
(1.1) The
Trust shall not receive or acquire a freehold interest
in real property without the approval of the Minister.
Acquiring
easements, etc.
(1.2) For
greater certainty, subsection (1.1) does not apply in respect of entering into an
easement or covenant.
Ontario
Lottery and Gaming Corporation Act, 1999
(1) Subsection 4 (1) of the Ontario Lottery and
Gaming Corporation Act, 1999 is repealed and the following substituted:
Powers
of the Corporation
(1) The
Corporation has the capacity, rights, powers and privileges of a natural person
for carrying out its objects, except as limited under this Act and
section
11.0.1 of the Ministry of Infrastructure Act, 2011 .
(2) Section
4 of the Act is amended by adding the following subsection:
Lieutenant
Governor in Council’s approval for disposition of real property
(2.1) In
addition to any approval required under subsection (2), the Corporation shall
not dispose of a freehold interest in real property without the approval of the
Lieutenant Governor in Council.
Ontario
Northland Transportation Commission Act
Section 7 of the Ontario Northland Transportation
Commission Act is amended by adding the following subsections:
Minister’s
approval for acquisition of real property
(5) Despite
any provision of this Act or the regulations, the Commission shall not acquire
a freehold interest in real property without the approval of the Minister.
Acquiring
easements, etc.
(6) For
greater certainty, subsection (5) does not apply in respect of acquiring
easements, rights of user or rights of support.
Lieutenant
Governor in Council’s approval for disposing of real property
(7) Despite
any provision of this Act or the regulations, the Commission shall not dispose
of a freehold interest in real property without the approval of the Lieutenant
Governor in Council.
Disposing
of easements, etc.
(8) For
greater certainty, subsection (7) does not apply in respect of disposing of,
(
a) an
interest in land by grant of an easement; or
(
b) mines,
minerals or mining rights.
Venture
Ontario Act, 2008
Subsection 6 (1) of the Venture Ontario Act, 2008
is amended by adding “and
section 11.0.1 of the Ministry
of Infrastructure Act, 2011 ” at the end.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Bill 227 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
ALGONQUIN FORESTRY AUTHORITY ACT
The
Schedule amends
section 5 of the Algonquin Forestry
Authority Act so that, instead of the Lieutenant Governor in Council
appointing a person to be the general manager of the Authority, the Authority
will now hire the general manager. A consequential amendment is made to
subsection 6 (1).
SCHEDULE 2
ARCHITECTS ACT
The
Schedule amends the Architects
Act .
Section
11 is amended to add references to agricultural occupancy and to add a
definition of “agricultural occupancy”.
Currently,
section 53 of the Act provides that the Council of the Association of
Architects of Ontario shall make a report annually to the Minister and that the
Minister shall submit the report to the Lieutenant Governor in Council and lay
the report before the Assembly.
Section 53 is repealed and replaced to provide
that, no later than 120 days after the end of each financial year of the
Association, the Council shall provide the Minister with a copy of an annual
report for that year, and to require the Association to make its annual report
publicly accessible by publishing it on its website and by making it available
as a document in paper format or in any other format, on request and at cost,
to members of the public.
SCHEDULE 3
COMBATIVE SPORTS ACT, 2019
The
Schedule amends the French version of the Combative Sports
Act, 2019 to change the French equivalent to the defined term
“matchmaker” from “promoteur de match” to “organisateur”. The
Schedule also
50.1 provides that regulations made under
section 49 or 50 of the Act may
include rolling incorporation of a document.
SCHEDULE 4
COURTS OF JUSTICE ACT
The
Schedule amends the Courts of Justice Act to make
changes to the membership of the Civil Rules Committee and of the Family Rules
Committee, largely to permit the Chief Justice of Ontario and the Chief Justice
of the Superior Court of Justice to designate judges to be a member in their
place or in the place of an Associate Chief Justice.
The
Act is also amended by giving family and other civil court rule-making
authority to the Attorney General. Currently, the Family Rules Committee makes
court rules respecting family matters (section 68), and the Civil Rules
Committee makes court rules respecting all other civil matters (section 66).
The making of these rules is subject to the approval of the Attorney General.
Under the new
section 68.1, the Attorney General is given the same rule-making
authority that the Rules Committees have, which the Attorney General can
exercise subject to prior consultation with the relevant chief justices and the
presiding member of the relevant Rules Committee. The Attorney General can make
new rules or amend or revoke rules made by a Rules Committee. The Rules
Committees retain their rule-making powers, but rules made by the Attorney
General prevail over those made by a Rules Committee, in the event of a conflict.
Finally,
the
Schedule repeals sections 79 (Ontario Courts Management Advisory Committee)
and 79.2 (Regional Courts Management Advisory Committee).
SCHEDULE 5
EDUCATION ACT
The
Education Act is amended by adding the term “system
principal”. Duties of system principals include leading or supporting a
function, program or initiative of a board in respect of multiple schools of
the board, or in respect of the schools or the pupils of the board generally,
and exercising managerial functions for one or more employees of a board.
Various related and consequential amendments are made to the Act and other
Acts.
SCHEDULE 6
ELECTION FINANCES ACT
The
Election Finances Act is amended to allow the Chief
Electoral Officer to forgive payment of amounts owed to the Chief Electoral
Officer before January 1, 2017.
SCHEDULE 7
ENVIRONMENTAL PROTECTION ACT
The
Environmental Protection Act is amended to give the
Lieutenant Governor in Council authority to prescribe circumstances in which an
owner of a property is prohibited from submitting for filing in the Registry a
record of site condition in respect of the property.
SCHEDULE 8
EXPROPRIATIONS ACT
The
Schedule amends the Expropriations Act with respect
to the publication of notices and other documents. Amendments include requiring
that publication of an expropriating authority’s notice of application for
approval to expropriate be done in accordance with the regulations. The
Lieutenant Governor in Council is given authority to make regulations governing
the publication of notices and other documents for the purposes of the Act.
SCHEDULE 9
FAMILY LAW ACT
The
Schedule amends the Family Law Act .
The
definition of “child” is amended to clarify the language of the definition.
new
section 59.9 allows a party who is entitled to the enforcement of a family
arbitration award containing a provision for support or maintenance to file
that award with the clerk of the Superior Court of Justice or the Family Court.
The
section provides that, upon filing of the award, the provision for support
or maintenance may be enforced as if it were an order of the court where it is
filed. Finally, the
section provides that the filing of the award does not
affect the right of a party to apply to the court under subsection 46 (1) of
the Arbitration Act, 1991 to set aside the award.
Consequential
amendments are made to the Family Responsibility and Support Arrears
Enforcement Act, 1996 and the Interjurisdictional Support Orders Act, 2002.
SCHEDULE 10
FARM IMPLEMENTS ACT
The
Farm Implements Act is amended as follows:
New
subsection 3 (7) of the Act provides that a provision in a dealership agreement
that purports to restrict the application of the law of Ontario or restrict jurisdiction
or venue to a forum outside Ontario is void.
Subsection
4 (5) of the Act is amended by removing certain powers of the Director under
the Act.
Section
5 of the Act is amended such that certain elements of the dispute resolution
process do not apply to disputes regarding the refusal to renew or termination
of dealership agreements. New subsections 5 (5.1) and (5.2) provide for the
continuation of a dealership agreement in certain circumstances. Subsections 5
(7) to (9) of the Act, which relate to appeal to the Divisional Court, are
repealed. Related regulation-making authority is added to
section 35 of the
Act.
Sections
6, 7, 8 and 35 of the Act are amended to remove rules respecting renewals of
registration.
SCHEDULE 11
JURIES ACT
The
Schedule re-enacts
section 4.1 of the Juries Act ,
which deals with the preparation of the jury source list that is used by the
Jury Sheriff to create a jury roll. The jury source list is prepared by the
Minister of Health based on information available to the Minister in respect of
insured persons under the Health Insurance Act . The
re-enacted
section requires that, in addition to disclosing the names and
addresses of persons for the purposes of the jury source list, the Minister
must also disclose their year of birth. Related amendments are made to
section
6 of the Act.
SCHEDULE 12
JUSTICES OF THE PEACE ACT
The
Schedule amends
section 2.1 of the Justices of the Peace
Act . The number of core members of the Justices of the Peace
Appointments Advisory Committee is raised from three to four, with the Attorney
General given the power to appoint two of them. New provisions are added to
provide for an alternate core member, alternate regional leads and a vice-chair
of the Committee.
SCHEDULE 13
LAND TITLES ACT
The
Schedule makes various amendments to the Land Titles Act
in relation to eligibility to recover out of the Land Titles Assurance Fund. In
addition,
section 171 of the Act, which provides for a process by which owners
may apply to the land registrar to have land withdrawn from the Act owing to
the existence of special circumstances, is repealed.
SCHEDULE 14
LAW SOCIETY ACT
Currently,
subsection 54 (6) of the Law Society Act provides
that the board of the Law Foundation of Ontario shall make a report annually to
the Attorney General on the activities of the Foundation, including the report
of the auditor under subsection 54 (5), and that the Attorney General shall lay
the report before the Assembly. Subsection 54 (6) is re-enacted to provide
that, no later than 120 days after the end of each fiscal year of the
Government of Ontario, the board shall provide the Attorney General with a copy
of an annual report for the previous calendar year, which shall include the
report of the auditor under subsection 54 (5) and such other information as the
Attorney General requires.
new subsection 54 (7) is added to require the Foundation to make its annual
report publicly accessible by publishing it on its website and by making it
available as a document in paper format or in any other format, on request and
at cost, to members of the public.
SCHEDULE 15
LEGISLATIVE ASSEMBLY ACT
The
Schedule repeals
section 108.1 of the Legislative Assembly
Act .
SCHEDULE 16
MINING ACT
The
Schedule amends
section 176 of the Mining Act by
adding subsection (2.1.2). This subsection provides that, except as otherwise
governed by the Act or the regulations, the Minister of Mines may make
regulations respecting service standards for the processing of any application,
submission or filing under the Act or the regulations, including establishing standard
time periods for procedural steps to be taken by the Minister or Ministry of
Mines.
SCHEDULE 17
MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020
Currently,
the Modernizing Ontario for People and Businesses Act,
2020 provides that a regulatory impact analysis must be conducted if an
instrument governed by the Act would affect a regulated entity. The Act is
amended to provide that an analysis must also be conducted if an instrument
would affect individuals. Other related amendments are made.
SCHEDULE 18
NORTHERN SERVICES BOARDS ACT
The
Schedule makes various amendments to the Northern Services
Boards Act . Some of the more significant amendments are described below.
The
term of office for a Board member set out in
section 5 is increased from one
year to three years. Consequential amendments are made to other sections.
Section
10 is amended to provide that a part of a meeting of the Board shall be closed
to the public if the subject matter being considered during that part of the meeting
is a request made under the Municipal Freedom of
Information and Protection of Privacy Act , if the Board is the head of
an institution for the purposes of that Act, or an ongoing investigation
respecting the Board by the Ombudsman appointed under the Ombudsman
Act . The new subsection 10 (5) provides that a part of a meeting may be
closed to the public if the subject matter set out in that subsection is the
subject matter being considered at that part of the meeting. Before holding a
part of a meeting that is to be closed to the public, a Board shall state, by
resolution, the fact that part of the meeting will be closed to the public and
the general nature of the matter to be considered at that part of the meeting.
Subsection 10 (8) sets out when a meeting may be closed to the public during a
vote.
The
new
section 10.1 provides that a person may request that an investigation be
undertaken by the Ombudsman regarding whether a Board has complied with the
requirements related to meetings or parts of meetings that are closed to the
public. If the Board receives a report from the Ombudsman reporting the Ombudsman’s
opinion, and the reasons for it, that a meeting or part of a meeting that was
the subject matter of an investigation appears to have been closed to the
public contrary to subsections 10 (4) to (8), the Board shall pass a resolution
stating how it intends to address the report.
SCHEDULE 19
OMBUDSMAN ACT
The
Schedule amends the Ombudsman Act by adding a new
section 14.2.
Section 14.2 applies with respect to Local Services Boards within
the meaning of the Northern Services Boards Act .
a person makes a request under subsection 10.1 (1) of the Northern
Services Boards Act , the Ombudsman may investigate whether a Local
Services Board has complied with subsections 10 (4) to (8) of the Northern Services Boards Act in respect of a meeting or
part of a meeting that was closed to the public. If, after completing such an
investigation, the Ombudsman is of the opinion that the meeting or part of the
meeting appears to have been closed to the public contrary to subsections 10
(4) to (8) of the Northern Services Boards Act , the
Ombudsman shall report their opinion, and the reasons for it, to the Local
Services Board and may make such recommendations as they think fit. Reports
received by the Local Services Board shall be made available to the public.
Subsections
14.2 (7) and (8) set out which other provisions of the Ombudsman
Act apply for the purposes of the new
section 14.2.
SCHEDULE 20
ONTARIO HERITAGE ACT
The
Schedule amends
section 10 of the Ontario Heritage Act .
A new subsection 10 (2.1) sets out an exception to the rule in subsection 10
(2). Under subsection 10 (2.1), approval of the Minister is not required for
the release of easements entered into by the Ontario Heritage Trust with owners
of real property if the Trust has determined that such a release over the
property or part of the property would not affect heritage attributes that are
described in the easement.
SCHEDULE 21
ONTARIO NEW HOME WARRANTIES PLAN ACT
The
Schedule amends the Ontario New Home Warranties Plan Act .
Here are some highlights:
1. Various
terminological changes are made, including adding new
definitions of “purchase
agreement” and “construction contract” and replacing those terms in places
where “contract” is mentioned.
2. New
clause 23 (1) (
c) authorizes the Corporation to make by-laws requiring a
purchaser of a specified type of home to notify the Corporation of a purchase
agreement, as well as to make by-laws governing the timelines, manner and
information in connection with such notice. New clause 23 (1) (
d) adds similar
authority with respect to requiring an owner of land to notify the Corporation
of a construction contract.
3. Currently,
clause 23 (1) (m.3) authorizes the Corporation to make by-laws governing the
entitlement of an owner to payment out the guarantee fund, including interest,
as compensation under
section 14. The clause is re-enacted to apply to
entitlements under subsection 14 (1) or (2), and to also provide that such
authority includes, among other things, providing for the maximum amount of
entitlements and different amounts of entitlements, depending on various
specified circumstances, including whether a purchaser or owner of land has
complied with a requirement set out in a by-law made under clause 23 (1) (
c) or
(d), as applicable.
4. A
new clause 23 (1) (m.3.1) is added to authorize the Corporation to make by-laws
governing the entitlement of a person to payment out of the guarantee fund,
including interest, as compensation under subsections 14 (3), (4) and (5.0.3).
5. A
new subsection 23 (3) provides that a by-law made under clause 23 (1) (m.3) may
provide for, among other things, the establishment and maintenance of a special
fund within the guarantee fund from which entitlements are to be paid in
respect of claims where a purchaser or owner of land has not complied with a requirement
set out in a by-law made under clause 23 (1) (
c) or (d), as applicable.
SCHEDULE 22
ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012
The
Schedule amends
section 7 of the Ontario Underground
Infrastructure Notification System Act, 2012 . Subsection 7 (6.1) is
added to the Act to permit affected members to submit a request to the
Corporation to be approved to respond to notifications respecting the member’s
own underground infrastructure. New subsections 7 (6.2) and (6.3) of the Act
provide for the determination and notification process for the Corporation in
response to such a request and new subsection 7 (6.4) of the Act provides that
such determinations are final. New subsection 7 (6.5) of the Act sets out the
effects of various determinations made by the Corporation. Subsection 7 (7) of
the Act is amended to reflect the request process set out in new subsections 7
(6.1) to (6.5) of the Act. Various other related amendments are made to
section
7 of the Act.
SCHEDULE 23
PROFESSIONAL ENGINEERS ACT
The
Schedule amends the Professional Engineers Act .
Section
12 is amended to add references to agricultural occupancy and to add a
definition of “agricultural occupancy”.
Currently,
section 48 of the Act provides that the Council of the Association of
Professional Engineers of Ontario shall make a report annually to the Minister
and that the Minister shall submit the report to the Lieutenant Governor in
Council and lay the report before the Assembly.
Section 48 is repealed and
replaced to provide that, no later than 120 days after the end of each
financial year of the Association, the Council shall provide the Minister with
a copy of an annual report for that year, and to require the Association to
make its annual report publicly accessible by publishing it on its website and
by making it available as a document in paper format or in any other format, on
request and at cost, to members of the public.
SCHEDULE 24
RESIDENTIAL TENANCIES ACT, 2006
Section
212 of the Residential Tenancies Act, 2006 provides
that substantial compliance with the Act respecting the contents of forms,
notices or documents is sufficient. The
Schedule amends
section 212 to add a
statement, for greater certainty, that an error in the contents of a form,
notice or document still constitutes substantial compliance, as long as the
error does not significantly prejudice a party’s ability to participate in a
proceeding under this Act.
SCHEDULE 25
STATUTORY POWERS PROCEDURE ACT
Section
4.4 of the Statutory Powers Procedure Act , which
creates a default rule for dealing with the incapacity of a member of a
tribunal who has participated in a hearing, is re-enacted. The new version of
section 4.4 addresses the incapacity of a tribunal member in greater detail,
and also addresses the failure of a panel to complete a hearing or make a
decision within a reasonable time. As with the current
section 4.4, the new
section is subject to any other Act or regulation that may apply.
Consequential
amendments are made to various Acts.
SCHEDULE 26
UNIVERSITY HEALTH NETWORK ACT, 1997
The
Schedule repeals the University Health Network Act, 1997 .
SCHEDULE 27
CONSEQUENTIAL AMENDMENTS IN RESPECT OF
SECTION 11.0.1 OF THE MINISTRY OF
INFRASTRUCTURE ACT, 2011 AND OTHER RELATED AMENDMENTS
Various
statutes are amended with respect to the acquisition or disposition of real
estate.
The
Agricultural Research and Innovation Ontario Act is
amended to provide that the Corporation under that Act shall not dispose of a
freehold interest in real property without the approval of the Lieutenant
Governor in Council.
The Building Ontario Fund Act, 2024 is amended so that
certain powers of the Corporation under that Act are subject to limits imposed
section 11.0.1 of the Ministry of Infrastructure Act,
2011 . The Act is also amended to provide that the Corporation shall not
dispose of a freehold interest in real property without the approval of the
Lieutenant Governor in Council, except with respect to investments made by the
Corporation in carrying out its objects.
The
Capital Investment Plan Act, 1993 is amended so
that certain powers of the Ontario Clean Water Agency established under that
Act are subject to limits imposed by
section 11.0.1 of the
Ministry of Infrastructure Act, 2011 . The Act is also amended to provide
that the Ontario Clean Water Agency shall not acquire or dispose of a freehold
interest in real property without the approval of the Minister of the
Environment, Conservation and Parks, with certain exceptions.
The
Metrolinx Act, 2006 is amended so that certain
powers of the Corporation under that Act are subject to limits imposed by
section 11.0.1 of the Ministry of Infrastructure Act, 2011 .
The Act is also amended to prov