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Bill 146, Building a Strong Ontario Together Act (Budget Measures), 2023

Bethlenfalvy, Hon. Peter Minister of Finance

Royal Assent received. Statutes of Ontario 2023,

chapter 21

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Bill 146 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 146 and does not form part of the law.

Bill 146 has been enacted as

Chapter 21 of the Statutes of Ontario, 2023.

SCHEDULE 1

COMMODITY FUTURES ACT

The

Schedule amends the Commodity Futures Act . Here are

some highlights:

Part

XII.1 of the Act, which governs protection from reprisals, is re-enacted. The

new

Part XXI.2 (Whistle-blowing and Protection from Reprisals) establishes

protection from disclosure under the Freedom of

Information and Protection of Privacy Act of information identifying

individuals who make a whistle-blower submission. Prohibitions against reprisal

are set out. A consequential amendment is made to subsection 67 (2) of the Freedom of Information and Protection of Privacy Act to

make the new whistle-blower confidentiality provisions prevail over that Act.

Section

60 of the Act is amended to allow the Capital Markets Tribunal to make orders

without a hearing in circumstances where a person or company has been convicted

in any jurisdiction in relation to contraventions of the jurisdiction’s laws

respecting commodities or contracts. These orders can also be made if the

person or company is subject to an order made by certain authorities

responsible for the regulation of commodities or contracts in other

jurisdictions, or by recognized self-regulatory organizations or exchanges in

Canada, or if the person or company has made an agreement with such an entity

to be subject to sanctions, conditions, restrictions or requirements.

Sections

60.0.1 and 60.0.2 are added to the Act to provide for the automatic application

in Ontario of certain orders and settlement agreements made by authorities

responsible for the regulation of commodities or contracts in Canada. Related

amendments are made to the offence provisions in

section 55 and the rule-making

provisions in

section

Section 60.2 of the Act is amended to provide

that certain disgorged amounts under court orders shall be paid to the

Commission. New

section 60.2.1 of the Act sets out the rules governing the

distribution of money received under disgorgement orders made under the Act.

The Commission is given the authority to make rules governing disgorged

amounts.

Section

64 of the Act, which governs immunity is re-enacted. The new

section 64

provides immunity for persons or companies for acts or omissions done or

omitted in compliance with Ontario commodity futures law and for certain

disclosures of information related to an offence or to a contravention of

Ontario commodity futures law or a review, investigation, examination or

inspection.

Technical

and consequential changes are made to the Act.

SCHEDULE 2

CONSTRUCTION ACT

Subsections

85.1 (4) and (5) of the Construction Act are

amended to provide that coverage limit and other requirements that labour and

material payment bonds and performance bonds furnished for the purposes of the

section must meet may be specified by the regulations. A consequential

amendment is made to subsection 1.1 (4) of the Act.

SCHEDULE 3

FUEL TAX ACT

Subsection

2 (1.1) of the Fuel Tax Act currently provides for

a reduction of the tax payable by purchasers of clear fuel if the tax is

payable during the period beginning on July 1, 2022 and ending on December 31,

2023. The subsection is amended to provide that the period ends on June 30,

SCHEDULE 4

GASOLINE TAX ACT

The

Gasoline Tax Act is amended to include a definition

of “alternative fuel” in subsection 1 (1). The definition of “qualified motor

vehicle” in subsection 1 (1) is amended to include vehicles powered by an

alternative fuel and the definition of “fuel” for the purposes of

section 34 is

amended to include alternative fuels.

Subsection

2 (1.1) of the Act currently provides for a reduction of the tax payable by

purchasers of gasoline if the tax is payable during the period beginning on

July 1, 2022 and ending on December 31, 2023. The subsection is amended to

provide that the period ends on June 30,

Section

16 of the Act, which governs audits and inspections, is amended to provide that

certain powers under that

section may be exercised in relation to compliance

with interjurisdictional agreements entered into under the Act.

SCHEDULE 5

INTERIM APPROPRIATION FOR 2024-2025 ACT, 2023

The

Schedule enacts the Interim Appropriation for 2024-2025

Act, 2023 , which authorizes expenditures pending the voting of supply

for the fiscal year ending on March 31, 2025 up to specified maximum amounts.

All expenditures made or recognized under the Act must be charged to the proper

appropriation following the voting of supply for the fiscal year ending on

March 31, 2025.

SCHEDULE 6

INVESTMENT MANAGEMENT CORPORATION OF ONTARIO ACT, 2015

The

Investment Management Corporation of Ontario Act, 2015

is amended to provide that municipal Investment Boards and Joint Investment

Boards are eligible to be members of the Corporation.

SCHEDULE 7

MINISTRY OF REVENUE ACT

The

Schedule amends the Ministry of Revenue Act . The

Minister is required to provide certified copies of notices of calculation

given under the Family Law Act on request to

parents, the designated authority or the Central Authority. A similar

amendment is made with respect to the child support recalculations.

SCHEDULE 8

MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT

Currently,

when a borrower is in default of their obligation to repay a student loan or

medical resident loan, the Ministry of Training, Colleges

and Universities Act requires that notice be provided to the borrower

setting out certain information, and provides that the borrower may require the

Minister to review the notice. The Act is amended to remove the notice and

review requirements and to make related and consequential amendments.

SCHEDULE 9

OPIOID DAMAGES AND HEALTH CARE COSTS RECOVERY ACT, 2019

The

Schedule makes various amendments to the Opioid Damages

and Health Care Costs Recovery Act, 2019 , including the following:

1. The

definition of “manufacturer” in subsection 1 (1) is amended so that the Act

also applies to persons who manufacture or have manufactured active

ingredients. Subsection 1 (1) is further amended to define “active ingredient”

as an active ingredient set out in

Schedule 1 to the Act or any other active

ingredients prescribed by the regulations made under the Act. Other

consequential amendments are made to reflect this amendment.

2. Subsection 2 (1) is amended to extend

the scope of liability under the Act to consultants. Subsection 1 (1) is

consequentially amended to define “consultant” as a person who provides

advisory services to wholesalers or manufacturers. Both the definition of

“opioid-related wrong” in subsection 1 (1) and

section 4 (joint and several

liability) are re-enacted to reflect this amendment.

3. A

new

section 2.1 is added to give the Crown in right of Canada a statutory cause

of action against a manufacturer, wholesaler or consultant to recover the cost

of health care benefits incurred in Ontario that were caused or contributed to

by an opioid-related wrong. The

definitions of “health care benefits” and “cost

of health care benefits” in subsection 1 (1) are re-enacted to reflect that

statutory cause of action. Other consequential amendments are made to reflect

this amendment.

4. A new

section 4.1 is added to provide

that a director or officer of a corporation who

directs, authorizes, assents to, acquiesces in or participates in an

opioid-related wrong committed by the corporation is jointly and severally

liable with it .

SCHEDULE 10

SECURITIES ACT

The

Schedule amends the Securities Act . Here are some

highlights:

Section

53 of the Act currently prohibits trading in securities unless a preliminary

prospectus and a prospectus have been filed and receipts have been issued for

them by the Director. The

Schedule amends

section 53 to provide that

regulations may prescribe circumstances in which a receipt for a preliminary

prospectus or a prospectus is deemed to be issued by the Director.

Part

XXI.2 of the Act, which governs protection from reprisals, is re-enacted. The

new

Part XXI.2 (Whistle-blowing and Protection from Reprisals) establishes protection from disclosure under the Freedom of Information and Protection of Privacy Act of

information identifying individuals who make a whistle-blower submission.

Prohibitions against reprisal are set out. A consequential amendment is made to

subsection 67 (2) of the Freedom of Information and

Protection of Privacy Act to make the new whistle-blower confidentiality

provisions prevail over that Act.

Section

127 of the Act is amended to allow the Capital Markets Tribunal to make orders

without a hearing in circumstances where a person or company has been convicted

in any jurisdiction in relation to contraventions of the jurisdiction’s laws

respecting securities or derivatives. These orders can also be made if the

person or company is subject to an order made by certain authorities

responsible for the regulation of securities or derivatives in other

jurisdictions, or by recognized self-regulatory organizations or exchanges in

Canada, or if the person or company has made an agreement with such an entity

to be subject to sanctions, conditions, restrictions or requirements.

Sections

127.0.1 and 127.0.2 are added to the Act to provide for the automatic

application in Ontario of certain orders and settlement agreements made by

authorities responsible for the regulation of securities or derivatives in

Canada. Related amendments are made to the offence provisions in

section 122

and the rule-making provisions in

section

Section

128 of the Act is amended to provide that certain disgorged amounts under court

orders shall be paid to the Commission. New

section 128.1 of the Act sets out

the rules governing the distribution of money received under disgorgement

orders made under the Act. The Commission is given the authority to make rules

governing disgorged amounts.

Section

141 of the Act, which governs immunity is re-enacted. The new

section 141

provides immunity for persons or companies for acts or omissions done or

omitted in compliance with Ontario securities law and for certain disclosures

of information related to an offence or to a contravention of Ontario

securities law or a review, investigation, examination or inspection.

Technical and consequential changes are made to

the Act.

SCHEDULE 11

SECURITIES COMMISSION ACT, 2021

Section

19 of the Securities Commission Act, 2021 , which sets

out rules governing the Commission’s income, is amended to provide that certain

money received by the Commission in respect of disgorgement orders is not

required to be paid into the Consolidated Revenue Fund. Sections 33 and 34 of

the Act, which govern immunity and non-compellability, are amended to include

references to agents of the Commission.

SCHEDULE 12

SUPPLEMENTARY INTERIM APPROPRIATION FOR 2023-2024 ACT, 2023

The

Schedule enacts the Supplementary Interim Appropriation

for 2023-2024 Act, 2023 , which authorizes expenditures pending the

voting of supply for the fiscal year ending on March 31, 2024 up to specified

maximum amounts. The expenditures authorized are in addition to those

authorized under the Interim Appropriation for 2023-2024

Act, 2022 . All expenditures made or recognized under the Interim Appropriation for 2023-2024 Act, 2022 and this

Act must be charged to the proper appropriation following the voting of supply

for the fiscal year ending on March 31, 2024.

SCHEDULE 13

TAXATION ACT, 2007

The

Schedule makes various amendments to the Taxation Act,

2007 . Here are some highlights.

Section

15 of the Act currently provides for the carryforward amount in respect of

minimum tax to be determined in accordance with the prescribed rules.

Section

15 is amended to provide for those rules in the Act. The amendment is made

retroactive to January 1,

Section

24 of the Act is amended to add split income to the tax base for the

calculation of the Ontario Health Premium for taxation years ending after

December 31,

Section

103 of the Act is amended to harmonize Ontario’s focused flow-through share tax

credit with amendments made in 2022 to the Income Tax Act

(Canada) with respect to flow-through shares. The amendments to

section 103 of

the Taxation Act, 2007 are made retroactive to

January 1, 2023.

Amendments

are made to the French version of the Act for internal consistency and to align

SCHEDULE 14

VAPING PRODUCT TAXATION COORDINATION ACT, 2023

The

Schedule enacts the Vaping Product Taxation Coordination

Act, 2023 . The Act provides for the ratification of the Coordinated Vaping

Product Taxation Agreement entered into by the Minister of Finance on behalf of

Ontario and the Minister of Finance for Canada on behalf of the Government of

Canada. The Minister of Finance is authorized to make payments from the

Consolidated Revenue Fund in accordance with the Coordinated Vaping Product Taxation

Agreement from amounts appropriated by the Legislature for those purposes.

Bill 146 2023

Act to implement Budget measures and to enact and amend various statutes

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Commodity

Futures Act

Schedule 2

Construction

Act

Schedule 3

Fuel

Tax Act

Schedule 4

Gasoline

Tax Act

Schedule 5

Interim

Appropriation for 2024-2025 Act, 2023

Schedule 6

Investment

Management Corporation of Ontario Act, 2015

Schedule 7

Ministry

of Revenue Act

Schedule 8

Ministry

of Training, Colleges and Universities Act

Schedule 9

Opioid

Damages and Health Care Costs Recovery Act, 2019

Schedule 10

Securities

Act

Schedule 11

Securities

Commission Act, 2021

Schedule 12

Supplementary

Interim Appropriation for 2023-2024 Act, 2023

Schedule 13

Taxation

Act, 2007

Schedule 14

Vaping

Product Taxation Coordination Act, 2023

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of

this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except

as otherwise provided in this section, this Act comes into force on the day it

receives Royal Assent.

(2) The

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

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of

this Act is the Building a Strong

Ontario Together Act (Budget Measures), 2023 .

SCHEDULE 1

COMMODITY FUTURES ACT

Subsection 6 (1) of the Commodity Futures Act is

amended by striking out “final decision of the Tribunal may appeal” and

substituting “final decision of the Tribunal, other than a decision under

section 60.0.1 or 60.0.2, may appeal”.

Part XII.1 of the Act is repealed and the following substituted:

PART XII.1

WHISTLE-BLOWING AND PROTECTION FROM REPRISALS

Whistle-blower

submissions — Freedom of Information and Protection of

Privacy Act

54.1

(1) This

section applies if, for the purpose of making a whistle-blower submission, an

individual provides information to the Commission in a form made available by

the Commission for that purpose.

disclosure

(2) The

Commission shall not disclose, in response to a request for access under the Freedom of Information and Protection of Privacy Act , the

identity of the individual, or any information or record that may reasonably be

expected to reveal the identity of the individual, as the source of information

that has been provided to the Commission.

Same

(3) Subsection

(2) applies with respect to information provided to the Commission before, on

or after the day

section 2 of

Schedule 1 to the Building

a Strong Ontario Together Act (Budget Measures), 2023 comes into force.

reprisals

54.2

(1) In this

section,

“specified

individual”, in relation to a person or company, means,

(

a) an

employee, officer or director of the person or company,

(

b) an

individual who provides services to the person or company under a contract,

other than an employment contract, between the individual and the person or

company, or

(

c) an

individual who is an incorporated employee of a personal services business

within the meaning of subsection 125 (7) of the Income Tax

Act (Canada) and who provides services to the person or company under a

contract between the personal services business and the person or company.

Prohibition

on taking reprisal

(2) No

person or company, or other person or company acting on behalf of the person or

company, shall take a reprisal against a specified individual because the

specified individual has,

(

a) sought

advice about providing information, expressed an intention to provide

information, or provided information to the person or company, the Commission,

a recognized self-regulatory organization or a law enforcement agency, or a

person or company acting under the authority of the Commission, of a recognized

self-regulatory organization or of a law enforcement agency, about

an act of

the person or company, or of a person or company acting on behalf of the person

or company, that has occurred, is ongoing or is about to occur, and that the

specified individual reasonably believes is contrary to Ontario commodity

futures law or a by-law or other regulatory instrument of a recognized

self-regulatory organization; or

(

b) in

relation to information provided under clause (a), co-operated, testified or

otherwise assisted, or expressed an intention to co-operate, testify or

otherwise assist in,

(

i) a

review, investigation, examination or inspection authorized by the Commission,

by a recognized self-regulatory organization or by a law enforcement agency, or

(ii) a

proceeding under this Act, a proceeding of a recognized self-regulatory

organization or a judicial proceeding.

Same

(3) For

the purposes of subsection (2), a reprisal includes, without limitation,

(

a) terminating

or threatening to terminate the specified individual’s employment, contract,

position or office;

(

b) demoting,

disciplining or suspending, or threatening to demote, discipline or suspend,

the specified individual from their employment, position or office;

(

c) imposing

or threatening to impose a penalty, or withholding or threatening to withhold a

benefit, related to the specified individual’s employment, contract, position

or office;

(

d) intimidating

or coercing a specified individual in relation to their employment, contract,

position or office; or

(

e) otherwise

detrimentally affecting the specified individual by any act or failure to act,

regardless of whether the act or failure to act is related to the specified

individual’s employment, contract, position or office, if any.

Prohibition

re agreements

(4) A

provision in an agreement, including a confidentiality agreement, is void to

the extent that it precludes or purports to preclude a specified individual

from,

(

a) providing

information described in clause (2) (

a) to the Commission, a recognized

self-regulatory organization or a law enforcement agency; or

(

b) in

relation to information provided under clause (2) (a), co-operating, testifying

or otherwise assisting, or expressing an intention to co-operate, testify or

otherwise assist in,

(

i) a

review, investigation, examination or inspection authorized by the Commission,

by a recognized self-regulatory organization or by a law enforcement agency, or

(ii) a

proceeding under this Act, a proceeding of a recognized self-regulatory

organization or a judicial proceeding.

Actions

relating to reprisal

(5) If

a specified individual alleges that a person or company, or a person or company

acting on behalf of the person or company, has taken a reprisal against them in

contravention of subsection (2), the specified individual may, without limiting

the steps they may otherwise take,

(

a) in

the case where arbitration is provided for under a collective agreement, make a

complaint to be dealt with by final and binding settlement by arbitration under

the collective agreement; or

(

b) in

any other case, either,

(

i) bring

an action in the Superior Court of Justice, or

(ii) if

arbitration is provided for under an agreement other than a collective

agreement, make a complaint to be dealt with by final and binding settlement by

arbitration under the agreement.

Burden

of proof

(6) In

an arbitration or action under subsection (5), the burden of proof that the

person or company did not take a reprisal against a specified individual in

contravention of subsection (2) lies on that person or company.

Remedies

(7) The

arbitrator or court may order one or more of the following remedies:

1. Reinstatement

of the specified individual to their employment, contract, position or office,

with the same seniority status that the specified individual would have had if

the reprisal had not been taken.

2. Payment

to the specified individual of two times the amount of compensation the

specified individual would have been paid in connection with their employment,

contract, position or office between the date of the reprisal and the date of

the order if the reprisal had not been taken, with interest.

3. Payment

to the specified individual of compensation, in the amount the arbitrator or

court considers just, having regard to the reprisal to which the complaint or

proceeding relates and any loss attributable to it.

Section 55 of the Act is amended by adding the following subsection:

Same,

ss. 60.0.1 and 60.0.2

(2.1) Without

limiting the availability of other defences, no person or company is guilty of

an offence for failing to comply with subsection 60.0.1 (6) or 60.0.2 (6) if

the person or company did not know, and in the exercise of reasonable diligence

could not have known, that the act or course of conduct in which the person or

company engaged caused the person or company to fail to comply with a sanction,

condition, restriction, requirement, order or agreement mentioned in those

subsections.

(1) Subsection 60 (1.1) of the Act is amended by striking out “the

person” and substituting “the person or company”.

(2) Section

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

hearing if prior conviction, etc.

(3.1) Despite

subsection (3), if any of the following circumstances exist, the Tribunal may

make an order described in paragraphs 1 to 8 of subsection (1) without giving

the person or company that is subject to the order an opportunity to be heard:

1. The

person or company has been found by a court in any jurisdiction to have

contravened the laws of the jurisdiction respecting commodities or contracts.

2. The

person or company has been convicted in any jurisdiction of an offence under

laws respecting commodities or contracts.

3. The

person or company has been convicted in any jurisdiction of an offence arising

from a transaction, business or course of conduct related to commodities or

contracts.

hearing if prior order of certain regulators

(3.2) Despite

subsection (3), if any of the following circumstances exist, the Tribunal may

make an order described in paragraphs 1 to 8 of subsection (1) without giving

the person or company that is subject to the order an opportunity to be heard:

1. The

person or company is subject to an order made by an authority responsible for

the regulation of commodities and contracts outside Canada, as defined in

subsection (9), imposing sanctions, conditions, restrictions or requirements.

2. The

person or company is subject to an order made by an authority responsible for

the regulation of commodities and contracts of another province or territory in

Canada, as defined in subsection (9), imposing sanctions, conditions,

restrictions or requirements.

3. The

person or company is subject to an order made by a recognized self-regulatory

organization in Canada imposing sanctions, conditions, restrictions or

requirements.

4. The

person or company is subject to an order made by an exchange in Canada imposing

sanctions, conditions, restrictions or requirements.

hearing if prior settlement agreement with certain regulators

(3.3) Despite

subsection (3), if any of the following circumstances exist, the Tribunal may

make an order described in paragraphs 1 to 8 of subsection (1) without giving

the person or company who is subject to the order an opportunity to be heard:

1. The

person or company has agreed with an authority responsible for the regulation

of commodities and contracts outside Canada, as defined in subsection (9), to

be subject to sanctions, conditions, restrictions or requirements.

2. The

person or company has agreed with an authority responsible for the regulation

of commodities and contracts of another province or territory in Canada, as

defined in subsection (9), to be subject to sanctions, conditions, restrictions

or requirements.

3. The

person or company has agreed with a recognized self-regulatory organization in

Canada to be subject to sanctions, conditions, restrictions or requirements.

4. The

person or company has agreed with an exchange in Canada to be subject to

sanctions, conditions, restrictions or requirements.

Retrospective

application

(3.4) The

Tribunal may make an order under subsections (3.1) to (3.3) even if the

circumstances mentioned in those subsections arose before the day the Building a Strong Ontario Together Act (Budget Measures), 2023 received

Royal Assent.

(3) Subsection

60 (9) of the Act is repealed and the following substituted:

Definitions

(9) In

subsections (3.2) and (3.3) and sections 60.0.1 and 60.0.2,

“authority

responsible for the regulation of commodities and contracts of another province

or territory in Canada” means an authority or other person or body empowered by

law to regulate commodities or contracts in, or to administer or enforce the

commodity futures laws of, another province or territory in Canada, or any

other person or body prescribed by a regulation, but does not include a

self-regulatory organization, exchange, clearing house, trade repository,

quotation and trade reporting system, auditor oversight body or credit rating

organization; (“organisme de réglementation des marchandises et des contrats

d’une autre province ou d’un territoire du Canada”)

“authority

responsible for the regulation of commodities and contracts outside Canada”

means an authority, self-regulatory organization, exchange or other person or

body empowered by law to regulate commodities or contracts in, or to administer

or enforce the commodity futures laws of, a jurisdiction outside Canada.

(“organisme étranger de réglementation des marchandises et des contrats”)

The Act is amended by adding the following sections:

Automatic

application of certain orders of other provinces and territories

60.0.1

(1) This

section applies with respect to an order made by an authority responsible for

the regulation of commodities and contracts of another province or territory in

Canada, as defined in subsection 60 (9), if,

(

a) the

order imposes sanctions, conditions, restrictions or requirements on a person

or company; and

(

b) the

order arose as a result of a finding or an admission of a contravention by the

person or company of the laws of that province or territory respecting

commodities or contracts, or a finding or an admission of conduct contrary to

the public interest.

Automatic

application in Ontario

(2) The

order made by the authority responsible for the regulation of commodities and

contracts of the other province or territory applies in Ontario, without notice

to the person or company and without an opportunity to be heard, as if the

order were made by the Tribunal with such modifications as the circumstances

require, to the extent that the Tribunal or the Commission has the power to

impose a similar sanction, condition, restriction or requirement.

Public

access to orders

(3) The

Commission shall, on its website, provide access to a publicly available source

where orders that apply in Ontario under subsection (2) can be found.

Application

for clarification

(4) The

Chief Executive Officer of the Commission or a person or company directly

affected by an order described in subsection (1) may apply to the Tribunal for

clarification of the application of subsection (2) in respect of an order

described in subsection (1).

Same

(5) After

giving the Chief Executive Officer of the Commission and the person or company

an opportunity to be heard on an application under subsection (4), the Tribunal

may make an order concerning the application of subsection (2), and the

Tribunal’s order is binding on the person or company and on the Commission.

Duty

to comply

(6) A

person or company who is subject to sanctions, conditions, restrictions or

requirements imposed in an order that applies in Ontario under subsection

(2) shall comply with the order and with any related order made under subsection

(5).

Payment

obligations excluded

(7) A

person or company is not liable, as a result of the operation of subsection

(2), to pay to the Commission or to another person or company any amount that

the person or company is liable to pay under the order made by the authority

responsible for the regulation of commodities and contracts of the other

province or territory.

Amendment,

variation of original order

(8) If

the order made by the authority responsible for the regulation of commodities

and contracts of the other province or territory is amended or varied under the

laws of that province or territory, the order as amended or varied applies in

Ontario under subsection (2).

Revocation,

etc., of original order

(9) If

the order made by the authority responsible for the regulation of commodities

and contracts of the other province or territory is overturned, vacated,

revoked or otherwise held to be of no effect pursuant to the laws of that

province or territory, the order does not apply in Ontario under subsection

(2).

appeal

(10) Orders

that apply in Ontario under subsection (2) and orders made by the Tribunal

under subsection (5) are not subject to appeal under this Act.

Automatic

application of certain settlement agreements of other provinces and territories

60.0.2

(1) This

section applies with respect to an agreement entered into between a person or

company and an authority responsible for the regulation of commodities and

contracts of another province or territory in Canada, as defined in subsection

60 (9), relating to,

(

a) a

finding or an admission of a contravention by the person or company of the laws

of that province or territory respecting commodities or contracts; or

(

b) a

finding or an admission of conduct contrary to the public interest by the

person or company.

Automatic

application in Ontario

(2) If

a person or company is subject to a sanction, condition, restriction or

requirement pursuant to an agreement described in subsection (1), the agreement

has the same effect in Ontario and the sanction, condition, restriction or

requirement imposed under that agreement applies in Ontario, without notice to

the person or company and without an opportunity to be heard, as if the

agreement had been made with the Commission with such modifications as the

circumstances require, to the extent that the Tribunal has the power to impose

a similar sanction, condition, restriction or requirement.

Public

access to settlement agreements, etc.

(3) The

Commission shall, on its website, provide access to a publicly available source

where the agreement that imposes the sanctions, conditions, restrictions or

requirements that apply in Ontario under subsection (2) can be found.

Application

for clarification

(4) The

Chief Executive Officer of the Commission or a person or company who is subject

to an agreement described in subsection (1) may apply to the Tribunal for

clarification of the application of subsection (2) in respect of an agreement

described in subsection (1).

Same

(5) After

giving the Chief Executive Officer of the Commission and the person or company

an opportunity to be heard on an application under subsection (4), the Tribunal

may make an order concerning the application of subsection (2), and the

Tribunal’s order is binding on the person or company and on the Commission.

Duty

to comply

(6) A

person or company who is subject to sanctions, conditions, restrictions or

requirements that apply in Ontario under subsection (2) shall comply with them

and with any related order made under subsection (5).

Payment

obligations excluded

(7) A

person or company is not liable, as a result of the operation of subsection

(2), to pay to the Commission or to another person or company any amount that

the person or company is liable to pay under the agreement.

Amendment,

variation of agreement

(8) If

the agreement is amended or varied under the laws of the other province or

territory, the sanctions, conditions, restrictions or requirements imposed

under the agreement as amended or varied apply in Ontario under subsection (2).

Revocation,

etc., of agreement

(9) If

the agreement is set aside, revoked or otherwise held to be of no effect

pursuant to the laws of the other province or territory, the sanctions,

conditions, restrictions or requirements that were imposed under it do not

apply in Ontario under subsection (2).

appeal

(10) Sanctions,

conditions, restrictions or requirements that apply in Ontario under subsection

(2) and orders made by the Tribunal under subsection (5) are not subject to

appeal under this Act.

Paragraph 11 of subsection 60.2 (3) of the Act is repealed and the following

substituted:

11. An

order requiring the person or company to disgorge to the Commission any amounts

obtained as a result of the non-compliance with Ontario commodity futures law.

The Act is amended by adding the following section:

Disgorgement

orders

60.2.1

(1) This

section applies with respect to orders made under paragraph 10 of subsection 60

(1) and paragraph 11 of subsection 60.2 (3).

Distribution

of disgorged amount

(2) In

the circumstances prescribed by the regulations, all or part of the disgorged

amount received by the Commission shall be distributed in accordance with this

section and the regulations to persons or companies who,

(

a) incurred

direct financial losses as a result of the contravention giving rise to the

payment; and

(

b) satisfy

such conditions, restrictions and requirements as may be prescribed.

Application

for payment

(3) If

the regulations require a distribution, persons or companies described in

subsection (2) may apply for a payment from the disgorged amount and shall do

so in accordance with any applicable court order or regulation.

Court

appointment of administrator

(4) On

application by the Commission, the Superior Court of Justice may make an order

appointing one or more persons or companies to administer and distribute all or

any part of the disgorged amount if the court is satisfied that the appointment

is appropriate for the due administration of Ontario commodity futures law.

Commission

as court-appointed administrator

(5) The

Commission may be appointed under subsection (4).

Powers

and duties, etc.

(6) The

court order shall specify the administrator’s powers and duties and the process

for distributing any disgorged amount and may include such terms as the court

considers just and expedient in the circumstances.

Variation

or revocation of order

(7) The

court order may be varied or revoked by the court on application by the

Commission or by the court-appointed administrator.

Payment

to applicant

(8) The

court-appointed administrator may, in accordance with the court order, make a

payment to an applicant from the disgorged amount administered under the court

order.

Administrative

costs, court-appointed administrator

(9) The

following administrative costs are eligible to be paid to a court-appointed

administrator from the disgorged amount or, in

accordance with the regulations, from money described in subclause 19 (2) (b)

(iii) or clause 19 (2) (

c) of the Securities Commission

Act, 2021 :

1. The

reasonable costs incurred by the administrator, before their appointment, in

connection with the disgorged amount.

2. The

reasonable costs incurred by the administrator in connection with court orders

made under this section.

no court-appointed administrator

(10) If

the regulations require a distribution and there is no court-appointed

administrator for all or a part of a disgorged amount, the Commission shall

administer and distribute the disgorged amount or the part, as the case may be,

in accordance with the regulations.

Same,

payment to applicant

(11) The

Commission may, in accordance with the regulations, make a payment to an

applicant from the disgorged amount administered by the Commission under

subsection (10).

Administrative

costs, no court-appointed administrator

(12) In

the circumstances described in subsection (10), the following administrative

costs are eligible to be paid to the Commission from a disgorged amount or, in accordance with the regulations, from money

described in subclause 19 (2) (b) (iii) or clause 19 (2) (

c) of the Securities Commission Act, 2021 :

1. The

reasonable costs of obtaining external advice related to a distribution of the

disgorged amount.

Operating

costs not recoverable

(13) The

Commission’s normal operating costs are not eligible to be paid as

administrative costs under subsection (9) or (12).

Disgorged

amount — distribution

(14) Any

disgorged amount remaining after payments are made under subsections (8), (9),

(11) and (12) belongs to the Commission and shall be dealt with in accordance

with subsection 19 (2) of the Securities Commission Act,

2021 .

Disgorged

amount — no distribution

(15) If

the regulations do not require a distribution, the disgorged amount belongs to

the Commission and shall be dealt with in accordance with subsection 19 (2) of

the Securities Commission Act, 2021 .

Limitation

re participation in proceeding

(16) A

person or company is not entitled to participate in a proceeding in which an

order may be made under this

section solely on the basis that the person or

company may be eligible to receive a payment under subsection (8) or (11).

Section 64 of the Act is repealed and the following substituted:

Immunity

person or company has any rights or remedies and no proceedings lie or shall be

brought against any person or company for,

(

a) any

act or omission of the last-mentioned person or company done or omitted in

compliance with Ontario commodity futures law; or

(

b) any

disclosure of information by the last-mentioned person or company to the

Commission, to a recognized self-regulatory organization, to a law enforcement

agency or to any person or company acting under the authority of the

Commission, of the recognized self-regulatory organization or of the law

enforcement agency, if the person or company reasonably believed that the

information was true and they,

(

i) reasonably

believed that the information was related to an offence or to a contravention

of Ontario commodity futures law, or

(ii) provided

the information as part of a review, investigation, examination or inspection

by the Commission or the recognized self-regulatory organization or as part of

a review, investigation, examination or inspection in respect of Ontario

commodity futures law by the law enforcement agency.

Subsection 65 (1) of the Act is amended by adding the following paragraph:

40. Prescribing

persons and bodies for the purposes of the definition of “authority responsible

for the regulation of commodities and contracts of another province or

territory in Canada” in subsection 60 (9).

(1) Subsection 65 (1) of the Act is amended by adding the following

paragraphs:

40. Respecting

the administration and distribution of disgorged amounts under

section 60.2.1.

41. Respecting

the use of money described in subclause 19 (2) (b) (iii) or clause 19 (2) (

c) of the Securities Commission Act, 2021 to pay

administrative costs in relation to the distribution of disgorged amounts under

section 60.2.1 of this Act.

(2) Clause

65 (2) (a.1) of the Act is repealed.

Freedom

of Information and Protection of Privacy Act

11 Paragraph 4 of

subsection 67 (2) of the Freedom of Information and

Protection of Privacy Act is amended by striking out “12” and

substituting “12 and 54.1”.

Commencement

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

Schedule

comes into force on the day the Building a Strong Ontario

Together Act (Budget Measures), 2023 receives Royal Assent.

(2) Sections

6, 7 and 10 come into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 2

CONSTRUCTION ACT

Paragraph 2 of subsection 1.1 (4) of the Construction Act

is amended by striking out “specified in” and substituting “provided for

under”.

(1) Clause 85.1 (4) (

b) of the Act is repealed and the following

substituted:

(

b) has

the coverage limit required by the regulations and meets any other prescribed

requirements; and

(2) Clause

85.1 (5) (

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

(

b) has

the coverage limit required by the regulations and meets any other prescribed

requirements.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 3

FUEL TAX ACT

Clause 2 (1.1) (

a) of the Fuel Tax Act is amended

by striking out “December 31, 2023” and substituting “June 30, 2024”.

Commencement

This

Schedule comes into force on the day the Building a

Strong Ontario Together Act (Budget Measures), 2023 receives Royal

Assent.

SCHEDULE 4

GASOLINE TAX ACT

(1) Subsection 1 (1) of the Gasoline Tax Act

is amended by adding the following definition:

“alternative

fuel” means any type of fuel or energy, other than gasoline or fuel on which

tax is imposed under the Fuel Tax Act , that is used

to propel a motor vehicle; (“carburant de remplacement”)

(2) Clause

(

b) of the definition of “qualified motor vehicle” in subsection 1 (1) of the

Act is amended by striking out “hydrogen, natural gas or propane” and

substituting “or an alternative fuel”.

Clause 2 (1.1) (

a) of the Act is amended by striking out “December 31, 2023” at

the end and substituting “June 30, 2024”.

(1) Clause 16 (1) (

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

compliance of an interjurisdictional carrier with an agreement entered into

under

section 34” at the end.

(2) Clause

16 (1) (

c) of the Act is amended by adding “or required to comply with an

agreement entered into under

section 34” after “under this Act”.

The definition of “fuel” in subsection 34 (1) of the Act is amended by striking

out “hydrogen, natural gas or propane” at the end and substituting “or an

alternative fuel”.

Commencement

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

Schedule

comes into force on the day the Building a Strong Ontario

Together Act (Budget Measures), 2023 receives Royal Assent.

(2) Sections

1, 3 and 4 come into force on January 1, 2024.

SCHEDULE 5

INTERIM APPROPRIATION FOR 2024-2025 ACT, 2023

Interpretation

Expressions

used in this Act have the same meaning as in the Financial

Administration Act unless the context requires otherwise.

Expenses

of the public service

Pending

the voting of supply for the fiscal year ending on March 31, 2025, amounts not

exceeding a total of $186,796,902,100 may be paid out of the Consolidated

Revenue Fund or recognized as non-cash expenses to be applied to the expenses

of the public service that are not otherwise provided for.

Investments

of the public service

Pending

the voting of supply for the fiscal year ending on March 31, 2025, amounts not

exceeding a total of $5,906,821,600 may be paid out of the Consolidated Revenue

Fund or recognized as non-cash investments to be applied to the investments of

the public service in capital assets, loans and other investments that are not

otherwise provided for.

Expenses

of the Legislative Offices

Pending

the voting of supply f or

the fiscal year ending on March 31, 2025, amounts not exceeding a total of $324,040,100

may be paid out of the Consolidated Revenue Fund to be applied to the expenses

of the Legislative Offices that are not otherwise provided for.

Charge

to proper appropriation

All

expenditures made or recognized under this Act must be charged to the proper

appropriation following the voting of supply for the fiscal year ending on

March 31, 2025.

Commencement

The Act set out in this

Schedule comes into force on April 1, 2024.

Short

title

The

short title of the Act set out in this

Schedule is the Interim Appropriation for 2024-2025 Act, 2023 .

SCHEDULE 6

INVESTMENT MANAGEMENT CORPORATION OF ONTARIO ACT, 2015

(1) Paragraph 3 of subsection 9 (1) of the Investment

Management Corporation of Ontario Act, 2015 is amended by adding the

following subparagraph:

v.1 An

Investment Board or a Joint Investment Board.

(2) Section

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

Definitions

(4) In

this section,

“Investment

Board” means an Investment Board within the meaning of

Part II of Ontario

Regulation 438/97 (Eligible Investments, Related Financial Agreements and

Prudent Investment) made under the Municipal Act, 2001

and within the meaning of

section 42 of Ontario Regulation 610/06 (Financial

Activities) made under the City of Toronto Act, 2006 ;

(“commission des placements”)

“Joint

Investment Board” has the same meaning as in

Part II of Ontario Regulation

438/97 (Eligible Investments, Related Financial Agreements and Prudent

Investment) made under the Municipal Act, 2001 . (“commission

mixte des placements”)

Commencement

This

Schedule comes into force on the day the Building a

Strong Ontario Together Act (Budget Measures), 2023 receives Royal

Assent.

SCHEDULE 7

MINISTRY OF REVENUE ACT

Subsection 11.2 (2) of the Ministry of Revenue Act

is repealed and the following substituted:

Certified

copies

(2) The

Minister shall, upon request, provide a certified copy of a notice of

calculation given under subsection 39 (7) of the Family

Law Act to a parent, the designated authority in Ontario under the Interjurisdictional Support Orders Act, 2002 or the

Central Authority in Ontario under the International

Recovery of Child Support and Family Maintenance Convention Act, 2023 .

Subsection 11.3 (2) of the Act is repealed and the following substituted:

Certified

copies

(2) The

Minister shall, upon request, provide a certified copy of a notice of

recalculation given under subsection 39.1 (7) of the Family

Law Act to a parent, the designated authority in Ontario under the Interjurisdictional Support Orders Act, 2002 or the

Central Authority in Ontario under the International

Recovery of Child Support and Family Maintenance Convention Act, 2023 .

Commencement

This

Schedule comes into force on the day the Building a

Strong Ontario Together Act (Budget Measures), 2023 receives Royal

Assent.

SCHEDULE 8

MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT

Section 9.1 of the Ministry of Training, Colleges and

Universities Act is repealed and the following substituted:

Collection

of loans in default

9.1

(1) The Minister

of Finance may take one or more of the measures described in

section 11.1.1,

11.1.2 or 11.1.4 of the Ministry of Revenue Act to

enforce the collection of a student loan or a medical resident loan if,

(

a) the

borrower is in default of their obligation to repay the loan; and

(

b) the

Minister, as defined in

section 1, has entered into a memorandum of

understanding under

section 11.1 of the Ministry of

Revenue Act for the Minister of Finance to provide collection services

to the Ministry and to enforce the collection of the debt.

Application

of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue

Act

(2) None

of the measures described in

section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act shall be taken with respect to a

borrower referred to in subsection (1) unless,

(

a) the

Minister, as defined in

section 1, has entered into a memorandum of

understanding with the Minister of Finance for the purposes of authorizing the

Ministry of Finance to take such measures; and

(

b) such

measures are taken in accordance with,

(

i) the

terms set out in the memorandum of understanding referred to in clause (a), and

(ii) any

other requirements, limitations, conditions or terms prescribed by the

regulations.

Transition

(3) This

section applies with respect to any debts that existed before, on or after the

day

section 1 of

Schedule 8 to the Building a Strong

Ontario Together Act (Budget Measures), 2023 came into force.

Definition

(4) In

this section,

“borrower”

means a person who has received, under this Act, a student loan, a grant that

has been converted to a student loan or a medical resident loan and who is

required to make repayments on the loan and includes a debtor as defined in

subsection 11.1 (1) of the Ministry of Revenue Act .

(1) Clauses 13 (1) (j.1) to (j.8) of the Act are repealed and the

following substituted:

(j.1) prescribing

requirements, limitations, conditions or terms for the purposes of subclause

9.1 (2) (b) (ii);

(2) Subsection

13 (3.1) of the Act is amended by striking out “clauses (1) (a.3), (a.4),

(a.5), (h.1) or (j.1) to (j.8)” and substituting “clause (1) (a.3), (a.4),

(a.5), (h.1) or (j.1)”.

Commencement

This

Schedule comes into force on the day the Building a

Strong Ontario Together Act (Budget Measures), 2023 receives Royal

Assent.

SCHEDULE 9

OPIOID DAMAGES AND HEALTH CARE COSTS RECOVERY ACT, 2019

(1) Subsection 1 (1) of the Opioid Damages and

Health Care Costs Recovery Act, 2019 is amended by adding the following

definitions:

“active

ingredient” means an active ingredient set out in

Schedule 1 to this Act or any

other active ingredients prescribed by the regulations made under this Act; (“ ingrédient

actif ”)

“consultant”

means a person who provides advisory services,

(

a) to

a wholesaler in relation to the distribution, sale or offering for sale of

opioid products, or

(

b) to

a manufacturer in relation to the sale of active ingredients or opioid

products; (“ conseiller ”)

(2) The

definition of “cost of health care benefits” in subsection 1 (1) of the Act is

repealed and the following substituted:

“cost

of health care benefits” means,

(

a) in

relation to an action under subsection 2 (1), the sum of,

(

i) the

present value of the total expenditure by the Crown in right of Ontario for

health care benefits provided for insured persons as a result of opioid-related

disease, injury or illness or the risk of opioid-related disease, injury or

illness, and

(ii) the

present value of the estimated total expenditure by the Crown in right of

Ontario for health care benefits that could reasonably be expected to be

provided for those insured persons as a result of opioid-related disease,

injury or illness or the risk of opioid-related disease, injury or illness, and

(

b) in

relation to an action under subsection 2.1 (1), the sum of,

(

i) the

present value of the total expenditure by the Crown in right of Canada for

health care benefits provided for insured persons as a result of opioid-related

disease, injury or illness or the risk of opioid-related disease, injury or

illness, and

(ii) the

present value of the estimated total expenditure by the Crown in right of

Canada for health care benefits that could reasonably be expected to be

provided for those insured persons as a result of opioid-related disease,

injury or illness or the risk of opioid-related disease, injury or illness; (“coût

des prestations de soins de santé”)

(3) The

definition of “health care benefits” in subsection 1 (1) of the Act is repealed

and the following substituted:

“health

care benefits” means,

(

a) in

relation to an action under subsection 2 (1),

(

i) home

and community care services under the Connecting Care Act,

2019 ,

(ii) insured

services as defined in the Health Insurance Act ,

(iii) community

services under the Home Care and Community Services Act,

1994 , before its repeal,

(iv) payments

under the Homemakers and Nurses Services Act ,

(

v) services

for which a facility cost is payable under the Integrated

Community Health Services Centres Act, 2023 ,

(vi) care,

services and accommodation under the Fixing Long-Term Care

Act, 2021 ,

(vii) drugs,

substances or professional services funded under the Ontario

Drug Benefit Act ,

(viii) care,

services and accommodation under any of the following Acts, before their

repeal:

A. the

Charitable Institutions Act ,

B. the

Homes for the Aged and Rest Homes Act ,

C. the

Nursing Homes Act ,

D. the

Long-Term Care Homes Act, 2007 ,

(ix) services

for which a facility fee was payable under the Independent

Health Facilities Act before its repeal,

(

x) other

expenditures by the Crown in right of Ontario, made directly or through one or

more agents or other intermediate bodies, for programs, services, benefits or

similar matters associated with disease, injury or illness; and

(

b) in

relation to an action under subsection 2.1 (1), expenditures in Ontario by the

Crown in right of Canada for programs, services, benefits or similar matters

associated with disease, injury or illness; (“prestations de soins de santé”)

(4) The

definition of “manufacturer” in subsection 1 (1) of the Act is amended by

striking out “opioid product” and “opioid products” wherever they appear and

substituting in each case “active ingredient or opioid product” and “active

ingredients or opioid products” respectively.

(5) The

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

the following substituted:

“opioid

product” means any product that contains,

(

a) a

drug set out in

Schedule 1 to this Act or prescribed by the regulations made

under this Act, or

(

b) an

active ingredient. (“produit opioïde”)

(6) The

definition of “opioid-related wrong” in subsection 1 (1) of the Act is repealed

and the following substituted:

“opioid-related

wrong” means,

(

a) a

tort that is committed in Ontario by a manufacturer, wholesaler or consultant

and that causes or contributes to opioid-related disease, injury or illness, or

(

b) in

an action under subsection 2 (1) or 2.1 (1), a breach by a manufacturer,

wholesaler or consultant of a common law, equitable or statutory duty or

obligation owed to persons in Ontario who have used or been exposed to or might

use or be exposed to an opioid product; (“faute liée aux opioïdes”)

(7) Subsection

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

Formula

for determining market share of manufacturer of opioid product

(6) For

the purposes of determining the market share of a manufacturer for a type of

opioid product sold in Ontario, the court shall calculate the manufacturer’s

market share for the type of opioid product by the following formula:

mms

= 100% × mm / MM

where,

mms

= the manufacturer’s market share for the type of opioid product from

the date of the earliest opioid-related wrong committed by that manufacturer to

the date of trial,

= the quantity of the type of opioid product manufactured by the manufacturer

that is distributed, sold or offered for sale within Ontario from the date of

the earliest opioid-related wrong committed by that manufacturer to the date of

trial,

= the quantity of the type of opioid product manufactured by all manufacturers

that is purchased or dispensed within Ontario for the purpose of providing

health care benefits from the date of the earliest opioid-related wrong

committed by the manufacturer to the date of trial.

Formula

for determining wholesaler’s market share

(7) For

the purposes of determining the market share of a wholesaler for a type of

opioid product sold in Ontario, the court shall calculate the wholesaler’s

market share for the type of opioid product by the following formula:

wms

= 100% × wm / WM

where,

wms

= the wholesaler’s market share for the type of opioid product from the date of

the earliest opioid-related wrong committed by that wholesaler to the date of

trial,

= the quantity of the type of opioid product that is distributed, sold or

offered for sale by the wholesaler within Ontario from the date of the earliest

opioid-related wrong committed by that wholesaler to the date of trial,

= the quantity of the type of opioid product that is distributed, sold or

offered for sale within Ontario for the purpose of providing health care

benefits from the date of the earliest opioid-related wrong committed by the

wholesaler to the date of trial.

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

wholesaler” and substituting “manufacturer, wholesaler or consultant”.

The Act is amended by adding the following section:

Direct

action by the Crown in right of Canada

2.1

(1) The

Crown in right of Canada has a direct and distinct action against a

manufacturer, wholesaler or consultant to recover the cost of health care

benefits caused or contributed to by an opioid-related wrong.

Action

not subrogated

(2) An

action under subsection (1) is brought by the Crown in right of Canada in its

own right and not on the basis of a subrogated claim.

Action

independent of recovery by others

(3) In

an action under subsection (1), the Crown in right of Canada may recover the

cost of health care benefits whether or not there has been any recovery by

other persons who have suffered damage caused or contributed to by the

opioid-related wrong committed by the defendant.

Recovery

for individuals or on aggregate basis

(4) In

an action under subsection (1), the Crown in right of Canada may recover the

cost of health care benefits,

(

a) for

particular individual insured persons who have suffered damage caused or

contributed to by the use of or exposure to a type of opioid product; or

(

b) on

an aggregate basis, for a population of insured persons who have suffered

damage caused or contributed to by the use of or exposure to a type of opioid

product.

Action

brought on aggregate basis

(5) If

the Crown in right of Canada seeks in an action under subsection (1) to recover

the cost of health care benefits on an aggregate basis,

(

a) it

is not necessary,

(

i) to

identify particular individual insured persons,

(ii) to

prove the cause of opioid-related disease, injury or illness in any particular

individual insured person, or

(iii) to

prove the cost of health care benefits for any particular individual insured

person;

(

b) the

health care records and documents of particular individual insured persons or

the documents relating to the provision of health care benefits for particular

individual insured persons are not compellable except as provided under a rule

of law, practice or procedure that requires the production of documents relied

on by an expert witness;

(

c) a

person is not compellable to answer questions with respect to the health of, or

the provision of health care benefits for, particular individual insured

persons;

(

d) despite

clauses (

b) and (c), on motion by a defendant, the court may order discovery of

a statistically meaningful sample of the documents referred to in clause (b),

and the order shall include directions concerning the nature, level of detail

and type of information to be disclosed; and

(

e) if

an order is made under clause (d), the identity of particular individual

insured persons shall not be disclosed, and all identifiers that disclose or

may be used to trace the names or identities of any particular individual

insured persons shall be deleted from any documents before the documents are

disclosed.

Subsection 3 (1) of the Act is amended by striking out the portion before

clause (

a) and substituting the following:

Recovery

of cost of health care benefits on aggregate basis

(1) In

an action under subsection 2 (1) or 2.1 (1) for the recovery of the cost of

health care benefits on an aggregate basis, subsection (2) applies if the Crown

in right of Ontario or the Crown in right of Canada, as the case may be,

proves, on a balance of probabilities, that, in respect of a type of opioid

product,

. . . .

Section 4 of the Act is repealed and the following substituted:

Joint

and several liability in an action under s. 2 (1) or s. 2.1 (1)

(1) Two

or more defendants in an action under subsection 2 (1) or 2.1 (1) are jointly

and severally liable for the cost of health care benefits if,

(

a) those

defendants jointly breached a duty or obligation described in the definition of

“opioid-related wrong” in subsection 1 (1); and

(

b) as

a consequence of the breach described in clause (a), at least one of those

defendants is held liable in the action under subsection 2 (1) or 2.1 (1) for

the cost of those health care benefits.

Joint

breach

(2) For

purposes of an action under subsection 2 (1) or 2.1 (1), two or more

manufacturers, wholesalers or consultants, whether or not they are defendants

in the action, are deemed to have jointly breached a duty or obligation

described in the definition of “opioid-related wrong” in subsection 1 (1) if,

(

a) one

or more of those manufacturers, wholesalers or consultants are held to have

breached the duty or obligation; and

(

b) at

common law, in equity or under an enactment, those manufacturers, wholesalers

or consultants would be held,

(

i) to

have conspired or acted in concert with respect to the breach,

(ii) to

have acted in a principal and agent relationship with each other with respect

to the breach, or

(iii) to

be jointly or vicariously liable for the breach if damages would have been

awarded to a person who suffered damages as a consequence of the breach.

Joint

and several liability of directors and officers

4.1

(1) A

director or officer of a corporation who directs, authorizes, assents to,

acquiesces in or participates in an opioid-related wrong committed by the

corporation is jointly and severally liable with the corporation for the cost

of health care benefits, or for damages, caused or contributed to by the

opioid-related wrong.

Application

(2) Subsection

(1) applies whether or not an action against the corporation for recovery of

the cost of health care benefits, or for damages, has been commenced or

concluded.

Exception,

reasonable diligence

(3) A

director or officer is not liable under subsection (1) if the director or

officer proves, on a balance of probabilities, that the director or officer,

(

a) did

not know, and in the exercise of reasonable diligence could not have known,

that the corporation was committing an opioid-related wrong; or

(

b) exercised

reasonable diligence to prevent the corporation from committing the

opioid-related wrong.

Section 5 of the Act is amended by striking out “or” after clause (a), by

adding “or” after clause (

b) and by adding the following clause:

(

c) under

subsection 2.1 (1).

(1) Subsection 6 (1) of the Act is amended by striking out “the

coming into force of this section” and substituting “December 12, 2019” and by

striking out “it came into force” and substituting “that date”.

(2) Section

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

Same

(1.1) The

following proceedings are not barred under the Limitations

Act, 2002 or any other Act if they were commenced before the coming into

force of subsection 7 (2) of

Schedule 9 to the Building a

Strong Ontario Together Act (Budget Measures), 2023 or within 15 years

after it came into force:

1. A

proceeding for the recovery of the cost of health care benefits alleged to have

been caused or contributed to by an opioid-related wrong that is commenced by

the Crown in right of Canada.

2. A

proceeding that includes a claim for the recovery of the cost of health care

benefits alleged to have been caused or contributed to by an opioid-related

wrong that is commenced by the Crown in right of a province of Canada or the

Government of a territory of Canada on behalf of a class or proposed class of

which the Crown in right of Canada is a member or proposed member.

(3) Subsection

6 (2) of the Act is amended by striking out “for damages” and substituting “for

the recovery of the cost of health care benefits, or for damages,” and by

striking out “the coming into force of this section” and substituting “December

12, 2019”.

(4) Section

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

Same

(3) A

proceeding described in subsection (1.1) for the recovery of the cost of health

care benefits alleged to have been caused or contributed to by an

opioid-related wrong is revived if the proceeding was dismissed before the

coming into force of subsection 7 (4) of

Schedule 9 to the Building a Strong Ontario Together Act (Budget Measures), 2023

merely because it was held by a court to be barred under or extinguished by the

Limitations Act, 2002 or any other Act.

(1) Subsection 7 (2) of the Act is amended by adding “or the Crown

in right of Canada, as the case may be” after “Crown in right of Ontario” in

the portion before clause (a).

(2) Paragraph

5 of subsection 7 (3) of the Act is amended by striking out “manufacturers or

wholesalers” and substituting “manufacturers, wholesalers or consultants”.

(1) Section 9 of the Act is amended by adding the following clause:

(0.

a) prescribing

active ingredients for the purposes of the definition of “active ingredient” in

subsection 1 (1);

(2) Clause

9 (

a) of the Act is amended by striking out “clause (b)” and substituting

“clause (a)”.

Section 10 of the Act is amended by adding “or 2.1 (1)” after “subsection 2

(1)”.

Section 11 of the Act is amended by striking out “the date this

section comes

into force” and substituting “December 12, 2019”.

Subsection 13 (3) of the Act is amended by striking out “the date this

section

comes into force” and substituting “December 12, 2019”.

Section 1 of

Schedule 1 to the Act is amended by striking out “a drug

containing any of the following active ingredients” in the portion before

paragraph 1 and substituting “any of the following drugs or active

ingredients”.

Limitations

Act, 2002

The

Schedule to the Limitations Act, 2002 is

amended by striking out “subsection 6 (1)” in the column titled “Provision”

opposite “Opioid Damages and Health Care Costs Recovery Act, 2019” in the

column titled “Act” and substituting “subsections 6 (1) and (1.1)”.

Commencement

This

Schedule comes into force on the day the Building a

Strong Ontario Together Act (Budget Measures), 2023 receives Royal

Assent.

SCHEDULE 10

SECURITIES ACT

Subsection 10 (1) of the Securities Act is amended

by striking out “final decision of the Tribunal may appeal” and substituting

“final decision of the Tribunal, other than a decision under

section 127.0.1 or

127.0.2, may appeal”.

Section 53 of the Act is amended by adding the following subsection:

Automatic

receipts

(3) The

regulations may prescribe circumstances in which a receipt for a preliminary

prospectus or a prospectus is deemed to be issued by the Director.

The French version of clause (

e) of the definition of “solicit” and

“solicitation” in

section 84 of the Act is amended by striking out “demande

spontanée” and substituting “demande non sollicitée”.

Part XXI.2 of the Act is repealed and the following substituted:

PART XXI.2

WHISTLE-BLOWING AND PROTECTION FROM REPRISALS

Whistle-blower

submissions — Freedom of Information and Protection of

Privacy Act

121.5

(1) This

section applies if, for the purpose of making a whistle-blower submission, an

individual provides information to the Commission in a form made available by

the Commission for that purpose.

disclosure

(2) The

Commission shall not disclose, in response to a request for access under the Freedom of Information and Protection of Privacy Act , the

identity of the individual, or any information or record that may reasonably be

expected to reveal the identity of the individual, as the source of information

that has been provided to the Commission.

Same

(3) Subsection

(2) applies with respect to information provided to the Commission before, on

or after the day

section 4 of

Schedule 10 to the Building

a Strong Ontario Together Act (Budget Measures), 2023 comes into force.

reprisals

121.6

(1) In this

section,

“specified

individual”, in relation to a person or company, means,

(

a) an

employee, officer or director of the person or company,

(

b) an

individual who provides services to the person or company under a contract,

other than an employment contract, between the individual and the person or

company, or

(

c) an

individual who is an incorporated employee of a personal services business

within the meaning of subsection 125 (7) of the Income Tax

Act (Canada) and who provides services to the person or company under a

contract between the personal services business and the person or company.

Prohibition

on taking reprisal

(2) No

person or company, or other person or company acting on behalf of the person or

company, shall take a reprisal against a specified individual because the

specified individual has,

(

a) sought

advice about providing information, expressed an intention to provide

information or provided information to the person or company, the Commission, a

recognized self-regulatory organization or a law enforcement agency, or a

person or company acting under the authority of the Commission, of a recognized

self-regulatory organization or of a law enforcement agency, about

an act of

the person or company, or of a person or company acting on behalf of the person

or company, that has occurred, is ongoing or is about to occur, and that the

specified individual reasonably believes is contrary to Ontario securities law

or a by-law or other regulatory instrument of a recognized self-regulatory

organization; or

(

b) in

relation to information provided under clause (a), co-operated, testified or

otherwise assisted, or expressed an intention to co-operate, testify or

otherwise assist in,

(

i) a

review, investigation, examination or inspection authorized by the Commission,

by a recognized self-regulatory organization or by a law enforcement agency, or

(ii) a

proceeding under this Act, a proceeding of a recognized self-regulatory

organization or a judicial proceeding.

Same

(3) For

the purposes of subsection (2), a reprisal includes, without limitation,

(

a) terminating

or threatening to terminate the specified individual’s employment, contract,

position or office;

(

b) demoting,

disciplining or suspending, or threatening to demote, discipline or suspend,

the specified individual from their employment, position or office;

(

c) imposing

or threatening to impose a penalty, or withholding or threatening to withhold a

benefit, related to the specified individual’s employment, contract, position

or office;

(

d) intimidating

or coercing a specified individual in relation to their employment, contract,

position or office; or

(

e) otherwise

detrimentally affecting the specified individual by any act or failure to act,

regardless of whether the act or failure to act is related to the specified

individual’s employment, contract, position or office, if any.

Prohibition

re agreements

(4) A

provision in an agreement, including a confidentiality agreement, is void to

the extent that it precludes or purports to preclude a specified individual

from,

(

a) providing

information described in clause (2) (

a) to the Commission, a recognized

self-regulatory organization or a law enforcement agency; or

(

b) in

relation to information provided under clause (2) (a), co-operating, testifying

or otherwise assisting, or expressing an intention to co-operate, testify or

otherwise assist in,

(

i) a

review, investigation, examination or inspection authorized by the Commission,

by a recognized self-regulatory organization or by a law enforcement agency, or

(ii) a

proceeding under this Act, a proceeding of a recognized self-regulatory

organization or a judicial proceeding.

Actions

relating to reprisal

(5) If

a specified individual alleges that a person or company, or a person or company

acting on behalf of the person or company, has taken a reprisal against them in

contravention of subsection (2), the specified individual may, without limiting

the steps they may otherwise take,

(

a) in

the case where arbitration is provided for under a collective agreement, make a

complaint to be dealt with by final and binding settlement by arbitration under

the collective agreement; or

(

b) in

any other case, either,

(

i) bring

an action in the Superior Court of Justice, or

(ii) if

arbitration is provided for under an agreement other than a collective

agreement, make a complaint to be dealt with by final and binding settlement by

arbitration under the agreement.

Burden

of proof

(6) In

an arbitration or action under subsection (5), the burden of proof that the

person or company did not take a reprisal against a specified individual in

contravention of subsection (2) lies on that person or company.

Remedies

(7) The

arbitrator or court may order one or more of the following remedies:

1. Reinstatement

of the specified individual to their employment, contract, position or office,

with the same seniority status that the specified individual would have had if

the reprisal had not been taken.

2. Payment

to the specified individual of two times the amount of compensation the

specified individual would have been paid in connection with their employment,

contract, position or office between the date of the reprisal and the date of

the order if the reprisal had not been taken, with interest.

3. Payment

to the specified individual of compensation, in the amount the arbitrator or

court considers just, having regard to the reprisal to which the complaint or

proceeding relates and any loss attributable to it.

Section 122 of the Act is amended by adding the following subsection:

Same,

ss. 127.0.1 and 127.0.2

(2.1) Without

limiting the availability of other defences, no person or company is guilty of

an offence for failing to comply with subsection 127.0.1 (6) or 127.0.2 (6) if

the person or company did not know, and in the exercise of reasonable diligence

could not have known, that the act or course of conduct in which the person or

company engaged caused the person or company to fail to comply with a sanction,

condition, restriction, requirement, order or agreement mentioned in those

subsections.

(1) Subsection 127 (1.1) of the Act is amended by striking out “the

person” and substituting “the person or company”.

(2) Section

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

hearing if prior conviction, etc.

(4.0.1) Despite

subsection (4), if any of the following circumstances exist, the Tribunal may

make an order described in paragraphs 1 to 8.5 of subsection (1) without giving

the person or company that is subject to the order an opportunity to be heard:

1. The

person or company has been found by a court in any jurisdiction to have

contravened the laws of the jurisdiction respecting securities or derivatives.

2. The

person or company has been convicted in any jurisdiction of an offence under

laws respecting securities or derivatives.

3. The

person or company has been convicted in any jurisdiction of an offence arising

from a transaction, business or course of conduct related to securities or

derivatives.

hearing if prior order of certain regulators

(4.0.2) Despite

subsection (4), if any of the following circumstances exist, the Tribunal may

make an order described in paragraphs 1 to 8.5 of subsection (1) without giving

the person or company that is subject to the order an opportunity to be heard:

1. The

person or company is subject to an order made by a securities regulatory

authority outside Canada, as defined in subsection (10), imposing sanctions,

conditions, restrictions or requirements.

2. The

person or company is subject to an order made by a securities regulatory

authority of another province or territory in Canada, as defined in subsection

(10), imposing sanctions, conditions, restrictions or requirements.

3. The

person or company is subject to an order made by a recognized self-regulatory

organization in Canada imposing sanctions, conditions, restrictions or

requirements.

4. The

person or company is subject to an order made by an exchange in Canada imposing

sanctions, conditions, restrictions or requirements.

hearing if prior settlement agreement with certain regulators

(4.0.3) Despite

subsection (4), if any of the following circumstances exist, the Tribunal may

make an order described in paragraphs 1 to 8.5 of subsection (1) without giving

the person or company who is subject to the order an opportunity to be heard:

1. The

person or company has agreed with a securities regulatory authority outside

Canada, as defined in subsection (10), to be subject to sanctions, conditions,

restrictions or requirements.

2. The

person or company has agreed with a securities regulatory authority of another

province or territory in Canada, as defined in subsection (10), to be subject

to sanctions, conditions, restrictions or requirements.

3. The

person or company has agreed with a recognized self-regulatory organization in

Canada to be subject to sanctions, conditions, restrictions or requirements.

4. The

person or company has agreed with an exchange in Canada to be subject to

sanctions, conditions, restrictions or requirements.

Retrospective

application

(4.0.4) The

Tribunal may make an order under subsections (4.0.1) to (4.0.3) even if the

circumstances mentioned in those subsections arose before the day the Building a Strong Ontario Together Act (Budget Measures), 2023

received Royal Assent.

(3) Subsection

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

Definitions

(10) In

subsections (4.0.2) and (4.0.3) and sections 127.0.1 and 127.0.2,

“securities

regulatory authority of another province or territory in Canada” means a

securities commission or other person or body empowered by law to regulate

securities or derivatives in, or to administer or enforce the securities or

derivatives law of, another province or territory in Canada, or any other

person or body prescribed by a regulation, but does not include a

self-regulatory organization, exchange, clearing agency, trade repository,

quotation and trade reporting system, auditor oversight body or credit rating

organization; (“organisme de réglementation des valeurs mobilières d’une autre

province ou d’un territoire du Canada”)

“securities

regulatory authority outside Canada” means a securities commission,

self-regulatory organization, exchange or other person or body empowered by law

to regulate securities or derivatives in, or to administer or enforce the

securities or derivatives laws of, a jurisdiction outside Canada. (“organisme

étranger de réglementation des valeurs mobilières”)

The Act is amended by adding the following sections:

Automatic

application of certain orders of other provinces and territories

127.0.1

(1) This

section applies with respect to an order made by a securities regulatory

authority of another province or territory in Canada, as defined in subsection

127 (10), if,

(

a) the

order imposes sanctions, conditions, restrictions or requirements on a person

or company; and

(

b) the

order arose as a result of a finding or an admission of a contravention by the

person or company of the laws of that province or territory respecting

securities or derivatives, or a finding or an admission of conduct contrary to

the public interest.

Automatic

application in Ontario

(2) The

order made by the securities regulatory authority of the other province or

territory applies in Ontario, without notice to the person or company and

without an opportunity to be heard, as if the order were made by the Tribunal

with such modifications as the circumstances require, to the extent that the

Tribunal or the Commission has the power to impose a similar sanction,

condition, restriction or requirement.

Public

access to orders

(3) The

Commission shall, on its website, provide access to a publicly available source

where orders that apply in Ontario under subsection (2) can be found.

Application

for clarification

(4) The

Chief Executive Officer of the Commission or a person or company directly

affected by an order described in subsection (1) may apply to the Tribunal for

clarification of the application of subsection (2) in respect of an order

described in subsection (1).

Same

(5) After

giving the Chief Executive Officer of the Commission and the person or company

an opportunity to be heard on an application under subsection (4), the Tribunal

may make an order concerning the application of subsection (2), and the

Tribunal’s order is binding on the person or company and on the Commission.

Duty

to comply

(6) A

person or company who is subject to sanctions, conditions, restrictions or

requirements imposed in an order that applies in Ontario under subsection

(2) shall comply with the order and with any related order made under subsection

(5).

Payment

obligations excluded

(7) A

person or company is not liable, as a result of the operation of subsection

(2), to pay to the Commission or to another person or company any amount that

the person or company is liable to pay under the order made by the securities

regulatory authority of the other province or territory.

Amendment,

variation of original order

(8) If

the order made by the securities regulatory authority of the other province or

territory is amended or varied under the laws of that province or territory,

the order as amended or varied applies in Ontario under subsection (2).

Revocation,

etc., of original order

(9) If

the order made by the securities regulatory authority of the other province or

territory is overturned, vacated, revoked or otherwise held to be of no effect

pursuant to the laws of that province or territory, the order does not apply in

Ontario under subsection (2).

appeal

(10) Orders

that apply in Ontario under subsection (2) and orders made by the Tribunal

under subsection (5) are not subject to appeal under this Act.

Automatic

application of certain settlement agreements of other provinces and territories

127.0.2

(1) This

section applies with respect to an agreement entered into between a person or

company and a securities regulatory authority of another province or territory

in Canada, as defined in subsection 127 (10), relating to,

(

a) a

finding or an admission of a contravention by the person or company of the laws

of that province or territory respecting securities or derivatives; or

(

b) a

finding or an admission of conduct contrary to the public interest by the

person or company.

Automatic

application in Ontario

(2) If

a person or company is subject to a sanction, condition, restriction or

requirement pursuant to an agreement described in subsection (1), the agreement

has the same effect in Ontario and the sanction, condition, restriction or

requirement imposed under that agreement applies in Ontario, without notice to

the person or company and without an opportunity to be heard, as if the

agreement had been made with the Commission with such modifications as the

circumstances require, to the extent that the Tribunal has the power to impose

a similar sanction, condition, restriction or requirement.

Public

access to settlement agreements, etc.

(3) The

Commission shall, on its website, provide access to a publicly available source

where the agreement that imposes the sanctions, conditions, restrictions or

requirements that apply in Ontario under subsection (2) can be found.

Application

for clarification

(4) The

Chief Executive Officer of the Commission or a person or company who is subject

to an agreement described in subsection (1) may apply to the Tribunal for

clarification of the application of subsection (2) in respect of an agreement

described in subsection (1).

Same

(5) After

giving the Chief Executive Officer of the Commission and the person or company

an opportunity to be heard on an application under subsection (4), the Tribunal

may make an order concerning the application of subsection (2), and the

Tribunal’s order is binding on the person or company and on the Commission.

Duty

to comply

(6) A

person or company who is subject to sanctions, conditions, restrictions or

requirements that apply in Ontario under subsection (2) shall comply with them

and with any related order made under subsection (5).

Payment

obligations excluded

(7) A

person or company is not liable, as a result of the operation of subsection

(2), to pay to the Commission or to another person or company any amount that

the person or company is liable to pay under the agreement.

Amendment,

variation of agreement

(8) If

the agreement is amended or varied under the laws of the other province or

territory, the sanctions, conditions, restrictions or requirements imposed

under the agreement as amended or varied apply in Ontario under subsection (2).

Revocation,

etc., of agreement

(9) If

the agreement is set aside, revoked or otherwise held to be of no effect

pursuant to the laws of the other province or territory, the sanctions,

conditions, restrictions or requirements that were imposed under it do not

apply in Ontario under subsection (2).

appeal

(10) Sanctions,

conditions, restrictions or requirements that apply in Ontario under subsection

(2) and orders made by the Tribunal under subsection (5) are not subject to

appeal under this Act.

Paragraph 15 of subsection 128 (3) of the Act is repealed and the following

substituted:

15. An

order requiring the person or company to disgorge to the Commission any amounts

obtained as a result of the non-compliance with Ontario securities law.

The Act is amended by adding the following section:

Disgorgement

orders

128.1

(1) This

section applies with respect to orders made under paragraph 10 of subsection

127 (1) and paragraph 15 of subsection 128 (3).

Distribution

of disgorged amount

(2) In

the circumstances prescribed by the regulations, all or part of the disgorged

amount received by the Commission shall be distributed in accordance with this

section and the regulations to persons or companies who,

(

a) incurred

direct financial losses as a result of the contravention giving rise to the

payment; and

(

b) satisfy

such conditions, restrictions and requirements as may be prescribed.

Application

for payment

(3) If

the regulations require a distribution, persons or companies described in

subsection (2) may apply for a payment from the disgorged amount and shall do

so in accordance with any applicable court order or regulation.

Court

appointment of administrator

(4) On

application by the Commission, the Superior Court of Justice may make an order

appointing one or more persons or companies to administer and distribute all or

any part of the disgorged amount if the court is satisfied that the appointment

is appropriate for the due administration of Ontario securities law.

Commission

as court-appointed administrator

(5) The

Commission may be appointed under subsection (4).

Powers

and duties, etc.

(6) The

court order shall specify the administrator’s powers and duties and the process

for distributing any disgorged amount and may include such terms as the court

considers just and expedient in the circumstances.

Variation

or revocation of order

(7) The

court order may be varied or revoked by the court on application by the

Commission or by the court-appointed administrator.

Payment

to applicant

(8) The

court-appointed administrator may, in accordance with the court order, make a

payment to an applicant from the disgorged amount administered under the court

order.

Administrative

costs, court-appointed administrator

(9) The

following administrative costs are eligible to be paid to a court-appointed

administrator from the disgorged amount or, in

accordance with the regulations, from money described in subclause 19 (2) (b)

(iii) or clause 19 (2) (

c) of the Securities Commission

Act, 2021 :

1. The

reasonable costs incurred by the administrator, before their appointment, in

connection with the disgorged amount.

2. The

reasonable costs incurred by the administrator in connection with court orders

made under this section.

no court-appointed administrator

(10) If

the regulations require a distribution and there is no court-appointed

administrator for all or a part of a disgorged amount, the Commission shall

administer and distribute the disgorged amount or the part, as the case may be,

in accordance with the regulations.

Same,

payment to applicant

(11) The

Commission may, in accordance with the regulations, make a payment to an

applicant from the disgorged amount administered by the Commission under

subsection (10).

Administrative

costs, no court-appointed administrator

(12) In

the circumstances described in subsection (10), the following administrative

costs are eligible to be paid to the Commission from a disgorged amount or, in accordance with the regulations, from money

described in subclause 19 (2) (b) (iii) or clause 19 (2) (

c) of the Securities Commission Act, 2021 :

1. The

reasonable costs of obtaining external advice related to a distribution of the

disgorged amount.

Operating

costs not recoverable

(13) The

Commission’s normal operating costs are not eligible to be paid as

administrative costs under subsection (9) or (12).

Disgorged

amount — distribution

(14) Any

disgorged amount remaining after payments are made under subsections (8), (9),

(11) and (12) belongs to the Commission and shall be dealt with in accordance

with subsection 19 (2) of the Securities Commission Act,

2021 .

Disgorged

amount — no distribution

(15) If

the regulations do not require a distribution, the disgorged amount belongs to

the Commission and shall be dealt with in accordance with subsection 19 (2) of

the Securities Commission Act, 2021 .

Limitation

re participation in proceeding

(16) A

person or company is not entitled to participate in a proceeding in which an

order may be made under this

section solely on the basis that the person or

company may be eligible to receive a payment under subsection (8) or (11).

Section 141 of the Act is repealed and the following substituted:

Immunity

person or company has any rights or remedies and no proceedings lie or shall be

brought against any person or company for,

(

a) any

act or omission of the last-mentioned person or company done or omitted in

compliance with Ontario securities law; or

(

b) any

disclosure of information by the last-mentioned person or company to the

Commission, to a recognized self-regulatory organization, to a law enforcement

agency or to any person or company acting under the authority of the

Commission, of the recognized self-regulatory organization or of the law

enforcement agency, if the person or company reasonably believed that the

information was true and they,

(

i) reasonably

believed that the information was related to an offence or to a contravention

of Ontario securities law, or

(ii) provided

the information as part of a review, investigation, examination or inspection

by the Commission or the recognized self-regulatory organization or as part of

a review, investigation, examination or inspection in respect of Ontario

securities law by the law enforcement agency.

(1) Subsection 143 (1) of the Act is amended by adding the following

paragraphs:

15.1 Prescribing

circumstances in which a receipt for a preliminary prospectus or a prospectus

is deemed to be issued by the Director under subsection 53 (3).

. . . .

70. Prescribing

persons and bodies for the purposes of the definition of “securities regulatory

authority of another province or territory in Canada” in subsection 127 (10).

(2) Subsection

143 (1) of the Act is amended by adding the following paragraphs:

54.2 Respecting

the administration and distribution of disgorged amounts under

section 128.1.

54.3 Respecting

the use of money described in subclause 19 (2) (b) (iii) or clause 19 (2) (

c) of the Securities Commission Act, 2021 to pay

administrative costs in relation to the distribution of disgorged amounts under

section 128.1 of this Act.

(3) Subsection

143 (1.2) of the Act is amended by striking out “The rules” at the beginning

and substituting “The regulations”.

(4) Subsection

143 (1.3) of the Act is amended by striking out “the rules” at the end and

substituting “the regulations”.

(5) Clause

143 (2) (a.1) of the Act is repealed.

(1) Subsection 151 (1) of the Act is amended by striking out “by the

Investment Industry Regulatory Organization of Canada after it conducts a

hearing or by the Mutual Fund Dealers Association of Canada after it conducts a

hearing” and substituting “or by the Canadian Investment Regulatory

Organization after it conducts a hearing”.

(2) Subsection

151 (3) of the Act is amended by striking out “the Investment Industry

Regulatory Organization of Canada or the Mutual Fund Dealers Association of

Canada” and substituting “the Canadian Investment Regulatory Organization”.

Freedom

of Information and Protection of Privacy Act

Paragraph

9 of subsection 67 (2) of the Freedom of Information and

Protection of Privacy Act is amended by striking out “16 and 17” and

substituting “16, 17 and 121.5”.

Commencement

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

Schedule

comes into force on the day the Building a Strong Ontario

Together Act (Budget Measures), 2023 receives Royal Assent.

(2) Sections

8 and 9 and subsections 11 (2) and (5) come into force on a day to be named by

proclamation of the Lieutenant Governor.

SCHEDULE 11

SECURITIES COMMISSION ACT, 2021

Subsection 19 (2) of the Securities Commission Act, 2021

is repealed and the following substituted:

Exceptions

(2) The

Commission shall pay into the Consolidated Revenue Fund money received by the

Commission pursuant to an order under paragraph 9 of subsection 127 (1) of the Securities Act or paragraph 9 of subsection 60 (1) of the

Commodity Futures Act , money received as payment to

settle enforcement proceedings commenced by the Commission, and money described

in subsections 128.1 (14) and (15) of the Securities Act

or subsections 60.2.1 (14) and (15) of the Commodity

Futures Act , other than,

(

a) money

to reimburse the Commission for costs incurred to enforce an order of the

Tribunal or for costs to be incurred for that purpose;

(

b) money

that the Commission allocates,

(

i) to

or for the benefit of third parties,

(ii) for

use, by the Commission or third parties, for the purpose of educating investors

or promoting or otherwise enhancing knowledge and information of persons

regarding the operation of the securities and financial markets,

(iii) for

use to pay administrative costs in relation to the distribution of disgorged

amounts in accordance with subsection 128.1 (9) or (12) of the Securities Act or subsection 60.2.1 (9) or (12) of the Commodity Futures Act , or

(iv) for

any other purpose specified in the regulations;

(

c) previously

designated money that the Commission allocates for a purpose described in

clause (

a) or (b); or

(

d) previously

designated money that the Commission allocates for any additional purpose

specified in the regulations.

Subsection 33 (1) of the Act is amended by striking out “or employee” and

substituting “employee or agent”.

Section 34 of the Act is amended by striking out “or employee” and substituting

“employee or agent”.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 12

SUPPLEMENTARY INTERIM APPROPRIATION FOR 2023-2024 ACT, 2023

Interpretation

Expressions

used in this Act have the same meaning as in the Financial

Administration Act unless the context requires otherwise.

Additional

amounts to be paid or recognized

All

amounts authorized under sections 3, 4 and 5 to be paid out of the Consolidated

Revenue Fund or recognized as non-cash expenses or non-cash investments are in

addition to the amounts authorized to be paid out of the Consolidated Revenue

Fund or recognized as non-cash expenses or non-cash investments under sections

2, 3 and 4 of the Interim Appropriation for 2023-2024 Act,

2022 .

Expenses

of the public service

Pending

the voting

of supply for the fiscal year ending on March 31, 2024, amounts not exceeding a

total of $6,503,529,700 may be paid out of the Consolidated Revenue Fund or

recognized as non-cash expenses to be applied to the expenses of the public

service that are not otherwise provided for.

Investments

of the public service

Pending

the voting of supply for the fiscal year ending on March 31, 2024, amounts not

exceeding a total of $1,053,160,900 may be paid out of the Consolidated Revenue

Fund or recognized as non-cash investments to be applied to the investments of

the public service in capital assets, loans and other investments that are not

otherwise provided for.

Expenses

of the Legislative Offices

Pending

the voting of supply for the fiscal year ending on March 31, 2024, amounts not

exceeding a total of $25,849,500 may be paid out of the Consolidated Revenue

Fund to be applied to the expenses of the Legislative Offices that are not

otherwise provided for.

Charge

to proper appropriation

All

expenditures made or recognized under this Act must be charged to the proper

appropriation following the voting of supply for the fiscal year ending on

March 31, 2024.

Commencement

The Act set out in this

Schedule is deemed to have come into force on April 1,

Short

title

The

short title of the Act set out in this

Schedule is the Supplementary Interim Appropriation for 2023-2024 Act, 2023 .

SCHEDULE 13

TAXATION ACT, 2007

(1) Clause 15 (1) (

b) of the Taxation Act, 2007

is amended by striking out “the prescribed rules” at the end and substituting

“subsection (3)”.

(2) Section

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

Carryforward

amount

(3) An

individual’s carryforward amount for a taxation year in respect of minimum tax

is the amount calculated using the formula,

× B × C

which,

“A” is

the amount deducted under

section 120.2 of the Federal Act for the year,

“B” is

the amount determined by dividing “D” by “E” where,

“D” is

the lowest tax rate for the year, and

“E” is

the appropriate percentage for the year under the Federal Act, and

“C” is

the Ontario allocation factor in respect of the individual for the year.

(1) Section 24 of the Act is amended by adding the following

subsection:

Ontario

Health Premium

Interpretation

(0.1) For

the purposes of this section, an individual’s combined income for a taxation

year is the amount calculated using the formula,

+ Y

which,

“X” is

the individual’s taxable income for the year, and

“Y” is,

(

a) if

the year ends after December 31, 2023 and

section 12.1 applies to the

individual for the year, the individual’s split income for the year, and

(

b) in

any other case, nil.

(2) Subsection

24 (2) of the Act is amended by striking out “taxable income” wherever it

appears and substituting in each case “combined income”.

(3) Subsection

24 (4) of the Act is amended by striking out “taxable income” wherever it

appears and substituting in each case “combined income”.

(4) Subsection

24 (5) of the Act is amended by striking out “taxable income” and substituting

“combined income”.

The French version of subclause (c) (vi) of the definition of “C” in subsection

57 (1) of the Act is amended by striking out “donateur” and substituting

“donataire”.

The French version of paragraph 5 of subsection 93 (15) of the Act is amended

by striking out “termine” and substituting “achève”.

(1) Subsection 103 (3) of the Act is revoked and the following

substituted:

Amount

of tax credit

(3) The

amount of a qualifying individual’s Ontario focused flow-through share tax

credit for a taxation year ending before January 1, 2023 is five per cent of

the amount of the individual’s eligible Ontario exploration expenditures for

the year in respect of each Ontario focused flow-through share that was issued

by a mining exploration company and acquired by the individual under an

agreement made after October 17, 2000.

Amount

of tax credit, taxation years after 2022

(3.1) The

amount of a qualifying individual’s Ontario focused flow-through share tax

credit for a taxation year ending after December 31, 2022 is the sum of the

following amounts:

1. Five

per cent of the individual’s eligible Ontario exploration expenditures for the

year in respect of each Ontario focused flow-through share that was issued by a

mining exploration company and acquired by the individual under an agreement

made after October 17, 2000.

2. Five

per cent of the individual’s eligible Ontario critical mineral exploration

expenditures for the year incurred after December 31, 2022 in respect of each

Ontario focused flow-through share that was issued by a mining exploration

company and acquired by the individual under an agreement made after April 7,

(2) Clause

103 (4) (

a) of the Act is amended by striking out “the reference” at the

beginning and substituting “any reference”.

(3) Clause

103 (4) (

b) of the Act is amended by striking out “non-government assistance, other

than any investment tax credit under subsection 127 (9) of the Federal Act, in

respect of expenses” and substituting “non-government assistance in respect of

expenses”.

(4) Clause

103 (4) (

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

(

c) paragraph

(

a) of the definition of “flow-through mining expenditure” in subsection 127

(9) of the Federal Act were read as “that is a Canadian exploration expense

incurred by a corporation after May 1, 2006 in conducting mining exploration

activity from or above the surface of the earth for the purpose of determining

the existence, location, extent or quality of a mineral resource described in

paragraph (

a) or (

d) of the definition of “mineral resource” in subsection 248

(1) of that Act”.

(5) Section

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

Eligible

Ontario critical mineral exploration expenditures

(4.1) The

amount of an individual’s eligible Ontario critical mineral exploration

expenditures for a taxation year in respect of an Ontario focused flow-through

share is the amount that would be the individual’s flow-through critical

mineral mining expenditure in respect of the share for the year, as determined

under the definition of that term in subsection 127 (9) of the Federal Act, if,

(

a) any

reference to “Canada” in paragraph (

f) of the definition of “Canadian

exploration expense” in subsection 66.1 (6) of the Federal Act, as that

definition applies for the purpose of the definition of “flow-through critical

mining expenditure” in subsection 127 (9) of that Act, were read as a reference

to “Ontario”; and

(

b) the

amount of the individual’s flow-through critical mineral mining expenditure for

the year were reduced by the amount of any government assistance or

non-government assistance in respect of expenses included in the individual’s

flow-through critical mineral mining expenditure for the year that, on the

individual’s filing-due date for the year, the individual has received, is

entitled to receive or may reasonably expect to receive.

(6) Subsection

103 (5) of the Act is amended by adding “and eligible Ontario critical mineral

exploration expenditures” before “for a taxation year”.

Commencement

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

Schedule

comes into force on the day Building a Strong Ontario

Together Act (Budget Measures), 2023 receives Royal Assent.

(2) Section

1 is deemed to have come into force on January 1, 2009.

(3) Section

5 is deemed to have come into force on January 1, 2023.

SCHEDULE 14

VAPING PRODUCT TAXATION COORDINATION ACT, 2023

Coordinated

Vaping Product Taxation Agreement

(1) The

Coordinated Vaping Product Taxation Agreement between the Minister of Finance

on behalf of the Crown in right of Ontario and the Minister of Finance for

Amendments

(2) The

Minister of Finance may at any time enter into an agreement with the Minister

of Finance for Canada to amend the agreement or any amending agreement.

Other

agreements or arrangements

(3) The

Minister of Finance may enter into such other agreements or arrangements with

respecting any matter relating to the Coordinated Vaping Product Taxation

Agreement and its implementation.

Minister

may make payments

(4) The

Minister of Finance is authorized to make payments from the Consolidated

Revenue Fund in accordance with the Coordinated Vaping Product Taxation

Agreement, and any agreement entered into under subsection (3), from amounts

appropriated by the Legislature for those purposes.

Commencement

The Act set out in this

Schedule comes into force on the day the Building a Strong Ontario Together Act (Budget Measures), 2023

receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Vaping Product Taxation Coordination Act, 2023 .

Bill 146 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

COMMODITY FUTURES ACT

The

Schedule amends the Commodity Futures Act . Here are

some highlights:

Part

XII.1 of the Act, which governs protection from reprisals, is re-enacted. The

new

Part XXI.2 (Whistle-blowing and Protection from Reprisals) establishes

protection from disclosure under the Freedom of

Information and Protection of Privacy Act of information identifying

individuals who make a whistle-blower submission. Prohibitions against reprisal

are set out. A consequential amendment is made to subsection 67 (2) of the Freedom of Information and Protection of Privacy Act to

make the new whistle-blower confidentiality provisions prevail over that Act.

Section

60 of the Act is amended to allow the Capital Markets Tribunal to make orders

without a hearing in circumstances where a person or company has been convicted

in any jurisdiction in relation to contraventions of the jurisdiction’s laws

respecting commodities or contracts. These orders can also be made if the

person or company is subject to an order made by certain authorities

responsible for the regulation of commodities or contracts in other

jurisdictions, or by recognized self-regulatory organizations or exchanges in

Canada, or if the person or company has made an agreement with such an entity

to be subject to sanctions, conditions, restrictions or requirements.

Sections

60.0.1 and 60.0.2 are added to the Act to provide for the automatic application

in Ontario of certain orders and settlement agreements made by authorities

responsible for the regulation of commodities or contracts in Canada. Related

amendments are made to the offence provisions in

section 55 and the rule-making

provisions in

section

Section 60.2 of the Act is amended to provide

that certain disgorged amounts under court orders shall be paid to the

Commission. New

section 60.2.1 of the Act sets out the rules governing the

distribution of money received under disgorgement orders made under the Act.

The Commission is given the authority to make rules governing disgorged

amounts.

Section

64 of the Act, which governs immunity is re-enacted. The new

section 64

provides immunity for persons or companies for acts or omissions done or

omitted in compliance with Ontario commodity futures law and for certain

disclosures of information related to an offence or to a contravention of

Ontario commodity futures law or a review, investigation, examination or

inspection.

Technical

and consequential changes are made to the Act.

SCHEDULE 2

CONSTRUCTION ACT

Subsections

85.1 (4) and (5) of the Construction Act are

amended to provide that coverage limit and other requirements that labour and

material payment bonds and performance bonds furnished for the purposes of the

section must meet may be specified by the regulations. A consequential

amendment is made to subsection 1.1 (4) of the Act.

SCHEDULE 3

FUEL TAX ACT

Subsection

2 (1.1) of the Fuel Tax Act currently provides for

a reduction of the tax payable by purchasers of clear fuel if the tax is

payable during the period beginning on July 1, 2022 and ending on December 31,

2023. The subsection is amended to provide that the period ends on June 30,

SCHEDULE 4

GASOLINE TAX ACT

The

Gasoline Tax Act is amended to include a definition

of “alternative fuel” in subsection 1 (1). The definition of “qualified motor

vehicle” in subsection 1 (1) is amended to include vehicles powered by an

alternative fuel and the definition of “fuel” for the purposes of

section 34 is

amended to include alternative fuels.

Subsection

2 (1.1) of the Act currently provides for a reduction of the tax payable by

purchasers of gasoline if the tax is payable during the period beginning on

July 1, 2022 and ending on December 31, 2023. The subsection is amended to

provide that the period ends on June 30,

Section

16 of the Act, which governs audits and inspections, is amended to provide that

certain powers under that

section may be exercised in relation to compliance

with interjurisdictional agreements entered into under the Act.

SCHEDULE 5

INTERIM APPROPRIATION FOR 2024-2025 ACT, 2023

The

Schedule enacts the Interim Appropriation for 2024-2025

Act, 2023 , which authorizes expenditures pending the voting of supply

for the fiscal year ending on March 31, 2025 up to specified maximum amounts.

All expenditures made or recognized under the Act must be charged to the proper

appropriation following the voting of supply for the fiscal year ending on

March 31, 2025.

SCHEDULE 6

INVESTMENT MANAGEMENT CORPORATION OF ONTARIO ACT, 2015

The

Investment Management Corporation of Ontario Act, 2015

is amended to provide that municipal Investment Boards and Joint Investment

Boards are eligible to be members of the Corporation.

SCHEDULE 7

MINISTRY OF REVENUE ACT

The

Schedule amends the Ministry of Revenue Act . The

Minister is required to provide certified copies of notices of calculation

given under the Family Law Act on request to

parents, the designated authority or the Central Authority. A similar

amendment is made with respect to the child support recalculations.

SCHEDULE 8

MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT

Currently,

when a borrower is in default of their obligation to repay a student loan or

medical resident loan, the Ministry of Training, Colleges

and Universities Act requires that notice be provided to the borrower

setting out certain information, and provides that the borrower may require the

Minister to review the notice. The Act is amended to remove the notice and

review requirements and to make related and consequential amendments.

SCHEDULE 9

OPIOID DAMAGES AND HEALTH CARE COSTS RECOVERY ACT, 2019

The

Schedule makes various amendments to the Opioid Damages

and Health Care Costs Recovery Act, 2019 , including the following:

1. The

definition of “manufacturer” in subsection 1 (1) is amended so that the Act

also applies to persons who manufacture or have manufactured active

ingredients. Subsection 1 (1) is further amended to define “active ingredient”

as an active ingredient set out in

Schedule 1 to the Act or any other active

ingredients prescribed by the regulations made under the Act. Other

consequential amendments are made to reflect this amendment.

2. Subsection 2 (1) is amended to extend

the scope of liability under the Act to consultants. Subsection 1 (1) is

consequentially amended to define “consultant” as a person who provides

advisory services to wholesalers or manufacturers. Both the definition of

“opioid-related wrong” in subsection 1 (1) and

section 4 (joint and several

liability) are re-enacted to reflect this amendment.

3. A

new

section 2.1 is added to give the Crown in right of Canada a statutory cause

of action against a manufacturer, wholesaler or consultant to recover the cost

of health care benefits incurred in Ontario that were caused or contributed to

by an opioid-related wrong. The

definitions of “health care benefits” and “cost

of health care benefits” in subsection 1 (1) are re-enacted to reflect that

statutory cause of action. Other consequential amendments are made to reflect

this amendment.

4. A new

section 4.1 is added to provide

that a director or officer of a corporation who

directs, authorizes, assents to, acquiesces in or participates in an

opioid-related wrong committed by the corporation is jointly and severally

liable with it .

SCHEDULE 10

SECURITIES ACT

The

Schedule amends the Securities Act . Here are some

highlights:

Section

53 of the Act currently prohibits trading in securities unless a preliminary

prospectus and a prospectus have been filed and receipts have been issued for

them by the Director. The

Schedule amends

section 53 to provide that

regulations may prescribe circumstances in which a receipt for a preliminary

prospectus or a prospectus is deemed to be issued by the Director.

Part

XXI.2 of the Act, which governs protection from reprisals, is re-enacted. The

new

Part XXI.2 (Whistle-blowing and Protection from Reprisals) establishes protection from disclosure under the Freedom of Information and Protection of Privacy Act of

information identifying individuals who make a whistle-blower submission.

Prohibitions against reprisal are set out. A consequential amendment is made to

subsection 67 (2) of the Freedom of Information and

Protection of Privacy Act to make the new whistle-blower confidentiality

provisions prevail over that Act.

Section

127 of the Act is amended to allow the Capital Markets Tribunal to make orders

without a hearing in circumstances where a person or company has been convicted

in any jurisdiction in relation to contraventions of the jurisdiction’s laws

respecting securities or derivatives. These orders can also be made if the

person or company is subject to an order made by certain authorities

responsible for the regulation of securities or derivatives in other

jurisdictions, or by recognized self-regulatory organizations or exchanges in

Canada, or if the person or company has made an agreement with such an entity

to be subject to sanctions, conditions, restrictions or requirements.

Sections

127.0.1 and 127.0.2 are added to the Act to provide for the automatic

application in Ontario of certain orders and settlement agreements made by

authorities responsible for the regulation of securities or derivatives in

Canada. Related amendments are made to the offence provisions in

section 122

and the rule-making provisions in

section

Section

128 of the Act is amended to provide that certain disgorged amounts under court

orders shall be paid to the Commission. New

section 128.1 of the Act sets out

the rules governing the distribution of money received under disgorgement

orders made under the Act. The Commission is given the authority to make rules

governing disgorged amounts.

Section

141 of the Act, which governs immunity is re-enacted. The new

section 141

provides immunity for persons or companies for acts or omissions done or

omitted in compliance with Ontario securities law and for certain disclosures

of information related to an offence or to a contravention of Ontario

securities law or a review, investigation, examination or inspection.

Technical and consequential changes are made to

the Act.

SCHEDULE 11

SECURITIES COMMISSION ACT, 2021

Section

19 of the Securities Commission Act, 2021 , which

sets out rules governing the Commission’s income, is amended to provide that

certain money received by the Commission in respect of disgorgement orders is

not required to be paid into the Consolidated Revenue Fund. Sections 33 and 34

of the Act, which govern immunity and non-compellability, are amended to

include references to agents of the Commission.

SCHEDULE 12

SUPPLEMENTARY INTERIM APPROPRIATION FOR 2023-2024 ACT, 2023

The

Schedule enacts the Supplementary Interim Appropriation

for 2023-2024 Act, 2023 , which authorizes expenditures pending the

voting of supply for the fiscal year ending on March 31, 2024 up to specified

maximum amounts. The expenditures authorized are in addition to those

authorized under the Interim Appropriation for 2023-2024

Act, 2022 . All expenditures made or recognized under the Interim Appropriation for 2023-2024 Act, 2022 and this

Act must be charged to the proper appropriation following the voting of supply

for the fiscal year ending on March 31, 2024.

SCHEDULE 13

TAXATION ACT, 2007

The

Schedule makes various amendments to the Taxation Act,

2007 . Here are some highlights.

Section

15 of the Act currently provides for the carryforward amount in respect of

minimum tax to be determined in accordance with the prescribed rules.

Section

15 is amended to provide for those rules in the Act. The amendment is made

retroactive to January 1,

Section

24 of the Act is amended to add split income to the tax base for the

calculation of the Ontario Health Premium for taxation years ending after

December 31,

Section

103 of the Act is amended to harmonize Ontario’s focused flow-through share tax

credit with amendments made in 2022 to the Income Tax Act

(Canada) with respect to flow-through shares. The amendments to

section 103 of

the Taxation Act, 2007 are made retroactive to

January 1, 2023.

Amendments

are made to the French version of the Act for internal consistency and to align

SCHEDULE 14

VAPING PRODUCT TAXATION COORDINATION ACT, 2023

The

Schedule enacts the Vaping Product Taxation Coordination

Act, 2023 . The Act provides for the ratification of the Coordinated Vaping

Product Taxation Agreement entered into by the Minister of Finance on behalf of

Ontario and the Minister of Finance for Canada on behalf of the Government of

Canada. T