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Bill 139, Less Red Tape, More Common Sense Act, 2023

Gill, Parm Minister of Red Tape Reduction

Royal Assent received. Statutes of Ontario 2023,

chapter 20

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Bill 139 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 139 and does not form part of the law.

Bill 139 has been enacted as

Chapter 20 of the Statutes of Ontario, 2023.

SCHEDULE 1

AGRICULTURAL AND HORTICULTURAL ORGANIZATIONS ACT

Currently

under the Agricultural and Horticultural Organizations Act ,

organizations are required to present audited financial statements at the

annual meeting and to submit those statements to the Director. The requirement

is amended to require prescribed financial information instead.

The

Act is also amended in respect of the compensation that may be paid to a director,

an officer or a member of an agricultural society or horticultural society.

SCHEDULE 2

ALGOMA UNIVERSITY ACT, 2008

Currently,

the Algoma University Act, 2008 provides that a

member of the board may not serve for more than six consecutive years. The Act

is amended to permit an exception to that rule in certain circumstances for a

member who is serving as chair of the board.

SCHEDULE 3

CHARITIES ACCOUNTING ACT

Clause

1 (1) (

b) of the Charities Accounting Act requires

that a person give written notice to the Public Guardian and Trustee if real or

personal property or any right or interest in it or proceeds from it is given

to or vested in that person as executor or trustee for a religious,

educational, charitable or public purpose, or are to be applied by that person

for any such purpose, under the terms of an instrument in writing. Subsection 1

(1) is re-enacted to remove that requirement.

Under

subsection 1 (2), the instrument of incorporation of a corporation incorporated

for a religious, educational, charitable or public purpose is deemed to be an

instrument in writing within the meaning of the Act. Subsection 1 (6) is

re-enacted to exempt such a corporation from having to provide a copy of its

instrument of incorporation when giving notice under subsection 1 (1).

SCHEDULE 4

COMMODITY FUTURES ACT

Subsection

67 (4) of the Commodity Futures Act is amended to

reduce the minimum period during which the Ontario Securities Commission is

required to give reasonable opportunity to interested persons and companies to

make written representations with respect to a rule it proposes to make under

section 65 from 90 to 60 days.

SCHEDULE 5

CORPORATIONS ACT

Currently,

section 2.1 of the Corporations Act governs the

continuance of social companies from the Act to the Not-for-Profit

Corporations Act, 2010 , the Co-operative

Corporations Act or the Business Corporations Act .

Subsection 2.1 (4) currently provides that if a social company has more than

one class of shareholders, the special resolution passed by the corporation to

authorize the continuance must be approved by each class of shareholders by a

separate vote. That subsection is repealed. A complementary amendment is made

to subsection 2.1 (7).

SCHEDULE 6

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020

Section

35.1 of the Credit Unions and Caisses Populaires Act, 2020

is re-enacted to remove certain requirements for deposits from a member in

trust for a named beneficiary. Subsection 174 (10) of the Act is amended to

remove the requirement that membership shares or patronage shares not be used

in certain purchases and sales between credit unions.

SCHEDULE 7

FARM REGISTRATION AND FARM ORGANIZATIONS FUNDING ACT, 1993

The

Schedule repeals sections 5 and 7 of

Schedule 1 to the Restoring

Ontario’s Competitiveness Act, 2019 .

SCHEDULE 8

FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016

Subsection

22 (4) of the Financial Services Regulatory Authority of

Ontario Act, 2016 is amended to reduce the minimum period during which

the Financial Services Regulatory Authority of Ontario is required to give

reasonable opportunity to interested persons to make written representations

with respect to a rule it proposes to make from 90 to 60 days.

SCHEDULE 9

MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020

The

Modernizing Ontario for People and Businesses Act, 2020

is amended to change the definition of “Minister” so that it names the Minister

of Red Tape Reduction and to change the term “businesses” in one provision to

“regulated entities”.

SCHEDULE 10

MOTOR VEHICLE DEALERS ACT, 2002

The

Schedule amends subsection 32 (4) of the Motor Vehicle

Dealers Act, 2002

to change the minimum fine upon conviction for an offence under subsection 4

(1) from $2,500 to $5,000. Subsection 34 (3) and

section 41 of the Act are

repealed.

SCHEDULE 11

NIAGARA ESCARPMENT PLANNING AND DEVELOPMENT ACT

The

Schedule amends the Niagara Escarpment Planning and

Development Act . Provisions relating to enforcement are updated and

expanded. For example, under

section 28, enforcement officers, who are appointed

or designated by the Minister, may enter certain places for the purpose of

conducting an inspection but they may not enter buildings or dwellings without

consent or a warrant. The powers of a person conducting an inspection under

section 28 include requiring the production of documents or things relevant to

the inspection and making measurements, taking tests, samples or photographs or

making any other records necessary for the purposes of the inspection. A new

section 28.0.1 makes it an offence to knowingly make a false statement in an

application or in any other document required to be submitted under the Act or

knowingly making a false or misleading statement to an enforcement officer or

otherwise obstructing them. Finally, provisions relating to publishing notices

in newspapers are amended to instead require that the notice be published on a

website of the Government of Ontario or a website managed by the Commission, in

the case of proposed amendments to the Niagara Escarpment Plan, or that the

notice be published in such manner as hearing officers consider appropriate, in

the case of hearings respecting such amendments.

SCHEDULE 12

NIPISSING UNIVERSITY ACT, 1992

Currently,

the Nipissing University Act, 1992 provides that a

member of the board may not serve for more than six consecutive years. The Act

is amended to permit an exception to that rule in certain circumstances for a

member who is serving as chair of the board.

SCHEDULE 13

ONTARIO COLLEGE OF ART & DESIGN UNIVERSITY ACT, 2002

Currently,

the Ontario College of Art & Design University Act,

2002 provides that a member of the board may not serve for more than six

consecutive years. The Act is amended to permit an exception to that rule in

certain circumstances for a member who is serving as chair of the board.

SCHEDULE 14

ONTARIO HERITAGE ACT

The

Schedule amends

section 33 of the Ontario Heritage Act .

The new subsection 33 (18) provides that the council shall consent to an application

to alter or permit the alteration of a building, or part thereof, on property

under subsection 33 (1), without terms or conditions, where certain conditions

are met.

SCHEDULE 15

PROFESSIONAL ENGINEERS ACT

The

Schedule makes various amendments to the Professional

Engineers Act , including the following:

1. Subsection

7 (1) of the Act is amended to remove regulation-making authority to prescribe

various forms for the purposes of the Act. A new

section 46 is added to give

the Registrar of the Association of Professional Engineers of Ontario authority

to approve forms for the purposes of the Act and require their use.

2. Subsections

19 (3), 24 (4) and 43 (1) of the Act are amended to provide for sufficient

delivery of documents under the Act to be by mail, electronically or

personally.

3. Subsection

33 (10) of the Act is re-enacted so that the results of an investigation under

that

section by the Registrar of a member of the Association or a holder of a certificate

of authorization, a temporary licence, provisional licence or limited licence

are to be reported to the Complaints Committee. A new subsection 33

(11) provides for the actions that the Committee may take in response to the report.

SCHEDULE 16

RETIREMENT HOMES ACT, 2010

The

Schedule repeals

section 122 of the Retirement Homes Act,

2010 , which prohibits the Lieutenant Governor in Council from making

certain regulations under the Act unless the requirements set out in that

section regarding public consultation in respect of the proposed regulations

have been fulfilled.

SCHEDULE 17

SECURITIES ACT

Subsection

143.2 (4) of the Securities Act is amended to

reduce the minimum period during which the Ontario Securities Commission is

required to give reasonable opportunity to interested persons and companies to

make written representations with respect to a rule it proposes to make under

section 143 from 90 to 60 days.

SCHEDULE 18

ST. LAWRENCE PARKS COMMISSION ACT

The

Schedule amends

section 6 of the St. Lawrence Parks

Commission Act to provide that the Commission may dispose of an interest

in land by the grant of an easement without the approval of the Lieutenant

Governor in Council.

SCHEDULE 19

Currently,

that a member of the board may not serve for more than six consecutive years.

The Act is amended to permit an exception to that rule in certain circumstances

for a member who is serving as chair of the board.

SCHEDULE 20

UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY ACT, 2002

Currently,

the University of Ontario Institute of Technology Act,

2002 provides that a member of the board may not serve for more than six

consecutive years. The Act is amended to permit an exception to that rule in

certain circumstances for a member who is serving as chair of the board.

Bill 139 2023

Act to amend various Acts

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Agricultural

and Horticultural Organizations Act

Schedule 2

Algoma

University Act, 2008

Schedule 3

Charities

Accounting Act

Schedule 4

Commodity

Futures Act

Schedule 5

Corporations

Act

Schedule 6

Credit

Unions and Caisses Populaires Act, 2020

Schedule 7

Farm

Registration and Farm Organizations Funding Act, 1993

Schedule 8

Financial

Services Regulatory Authority of Ontario Act, 2016

Schedule 9

Modernizing

Ontario for People and Businesses Act, 2020

Schedule 10

Motor

Vehicle Dealers Act, 2002

Schedule 11

Niagara

Escarpment Planning and Development Act

Schedule 12

Nipissing

University Act, 1992

Schedule 13

Ontario

College of Art & Design University Act, 2002

Schedule 14

Ontario

Heritage Act

Schedule 15

Professional

Engineers Act

Schedule 16

Retirement

Homes Act, 2010

Schedule 17

Securities

Act

Schedule 18

St.

Lawrence Parks Commission Act

Schedule 19

Université

Schedule 20

University

of Ontario Institute of Technology Act, 2002

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

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

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

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

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Less Red Tape, More Common Sense Act,

2023 .

SCHEDULE 1

AGRICULTURAL AND HORTICULTURAL ORGANIZATIONS ACT

Subsection 11 (5) of the Agricultural and Horticultural

Organizations Act is amended by striking out “the audited financial

statement for the previous year” at the end and substituting “the financial

information prescribed by regulation”.

(1) Section 13 of the Act is amended by adding “for the performance

of his or her duties” after “horticultural society”.

(2) Section

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

(2) Subject

to the by-laws of an agricultural society or horticultural society, a director,

an officer or a member of the society may receive reasonable remuneration and

expenses for any services to the society that he or she performs in any other

capacity.

Clause 15 (1) (

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

(

a) the

financial information prescribed by regulation;

Section 16 of the Act is amended by striking out “officer, director or auditor”

and substituting “officer or director”.

Section 41 of the Act is amended by adding the following clause:

(i.1) prescribing

the financial information to be presented at annual meetings and submitted to

the Director;

Commencement

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

Schedule

comes into force on the day the Less Red Tape, More Common

Sense Act, 2023 receives Royal Assent.

(2) Sections

1, 3, 4 and 5 come into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 2

ALGOMA UNIVERSITY ACT, 2008

Section 11 of the Algoma University Act, 2008 is

amended by adding the following subsections:

Exception, chair

(3) The

board may determine by board resolution that the six-year limit set out in

subsection (2) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(4) A

member who continues to serve as chair pursuant to subsection (3) may not be a

member of the board for more than eight consecutive years and subsequently is

not eligible for reappointment or re-election to the board.

Commencement

2 This

Schedule comes into force on the day the

Less Red Tape, More Common Sense Act, 2023 receives

Royal Assent.

SCHEDULE 3

CHARITIES ACCOUNTING ACT

(1) Subsection 1 (1) of the Charities

Accounting Act is repealed and the following substituted:

Notice

of property given or vested

(1) If,

under the terms of a will or other instrument in writing, real or personal

property or any right or interest in it or proceeds from it are given to or

vested in a person as executor or trustee for a religious, educational,

charitable or public purpose, or are to be applied by the person for any such

purpose, the person shall give written notice to the person designated in the

will or other instrument as the beneficiary or as the person to receive the

gift from the executor or trustee.

(2) Subsection

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

Copy

of instrument

(6) Except

in the case of a corporation incorporated for a religious, educational,

charitable or public purpose, the notice shall be accompanied by a copy of the

will or other instrument.

The French version of the Act is amended by striking out “biens meubles ou

immeubles” wherever it appears and substituting in each case “biens réels ou

personnels”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 4

COMMODITY FUTURES ACT

Subsection 67 (4) of the Commodity Futures Act is

amended by striking out “90” and substituting “60”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 5

CORPORATIONS ACT

(1) Subsection 2.1 (4) of the Corporations Act

is repealed.

(2) Subsection

2.1 (7) of the Act is amended by striking out “quorum, including a quorum for

each class of shareholders, to approve” and substituting “quorum to approve”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 6

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020

Subsection 35.1 (1) of the Credit Unions and Caisses

Populaires Act, 2020 is repealed and the following substituted:

Trust

for named beneficiary

(1) A

credit union may accept deposits from a member in trust for a named

beneficiary.

Paragraph 3 of subsection 174 (10) of the Act is amended by striking out “that

are not membership shares or patronage shares” at the end.

Commencement

This

Schedule comes into force on the later of January 1, 2024 and the day the Less Red Tape, More Common Sense Act, 2023 receives Royal

Assent.

SCHEDULE 7

FARM REGISTRATION AND FARM ORGANIZATIONS FUNDING ACT, 1993

Restoring

Ontario’s Competitiveness Act, 2019

Sections 5

and 7 of

Schedule 1 to the Restoring Ontario’s

Competitiveness Act, 2019 are repealed.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 8

FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016

Subsection 22 (4) of the Financial Services Regulatory

Authority of Ontario Act, 2016 is amended by striking out “90” and

substituting “60”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 9

MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020

The definition of “Minister” in subsection 1 (1) of the Modernizing

Ontario for People and Businesses Act, 2020 is amended by striking out “Economic

Development, Job Creation and Trade” and substituting “Red Tape Reduction”.

Section 6 of the Act is amended by striking out “businesses” and substituting

“regulated entities”.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 10

MOTOR VEHICLE DEALERS ACT, 2002

Subsection 32 (4) of the Motor Vehicle Dealers Act, 2002

is amended by striking out “$2,500” at the end and substituting “$5,000”.

Subsection 34 (3) of the Act is repealed.

Section 41 of the Act is repealed.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 11

NIAGARA ESCARPMENT PLANNING AND DEVELOPMENT ACT

Section 1 of the Niagara Escarpment Planning and

Development Act is amended by adding the following

definitions:

“enforcement

officer” means an enforcement officer appointed or designated under

section 27.1;

(“agent d’exécution”)

“justice”

has the same meaning as in the Provincial Offences Act ;

(“juge”)

(1) Clause 10 (1) (

b) of the Act is amended by striking out “publish

a notice in such newspapers having general circulation in any area that is

within the Niagara Escarpment Planning Area as the Commission considers

appropriate” at the beginning and substituting “publish a notice, on a website

of the Government of Ontario or a website managed by the Commission”.

(2) Subsection

10 (4) of the Act is amended by striking out “and shall publish notice thereof

in such newspapers having in their opinion general circulation in any area that

is within the Niagara Escarpment Planning Area as they consider appropriate”

and substituting “and give notice of the hearing in such manner as they consider

appropriate”.

(3) Subsection

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

Time

of hearing

(5) The

time fixed for any hearing under subsection (3) shall not be before the

expiration of the time for making comments on the proposed amendments.

Clause 23 (

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

(

c) providing

for the exemption of any class or classes of persons, or any class or classes

of development within any development area from the requirement of obtaining a

development permit, subject to any conditions or restrictions prescribed by the

regulations;

Subsection 24 (6.1) of the Act is repealed and the following substituted:

Order

to stop work, etc.

(6.1) If

a person undertakes any development that is in contravention of subsection

(1) and the Minister or an enforcement officer has reasonable grounds to believe

that the contravention is causing or is likely to cause a risk to public safety

or significant environmental damage, the Minister or the enforcement officer

may order the person to,

(

a) stop

work on the development;

(

b) take

such steps as the Minister or the enforcement officer considers necessary to

ensure compliance with this Act or the regulations, within such time as the

order specifies.

The Act is amended by adding the following section:

Enforcement

officers

27.1

(1) The

Minister may appoint or designate persons or classes of persons as enforcement

officers for the purposes of this Act.

Enforcement

officers by virtue of office

(2) The

following persons are enforcement officers for the purposes of this Act by

virtue of their office:

1. A

conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997 .

2. A

provincial offences officer employed by the Commission and designated by the Minister

to enforce this Act.

Production

of identification

(3) An

enforcement officer acting under this Act shall, on request, produce

identification.

(1) Subsection 28 (1) of the Act is amended by repealing the portion

before clause (

a) and substituting the following:

Entry re inspection

(1) Subject to subsection (3), an

enforcement officer, an employee or agent of the Commission or a person

designated under subsection 5 (11) may enter and inspect

any land ,

building or dwelling if,

. . . .

(2) Clause

28 (1) (

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

(

e) there

are reasonable grounds to believe that development to which this Act or the

regulations apply has been or is being undertaken.

(3) Subsections

28 (2) to (7) of the Act are repealed and the following substituted:

Powers during inspection

(2) A

person conducting an inspection under subsection (1) may,

(

a) require

the production for inspection of documents or things relevant to the

inspection;

(

b) inspect

and remove documents or things relevant to the inspection for the purpose of

making copies or extracts;

(

c) require

information from any person concerning a matter related to the inspection; and

(

d) alone

or in conjunction with a person possessing special or expert knowledge, make

examinations, make any measurements, take tests, samples or photographs or make

any other records necessary for the purposes of the inspection.

Authority to enter and inspect

(3) A

person specified in subsection (1) may, under that subsection, enter and

inspect any land without the consent of the owner or occupier of the land and

without a warrant but subsection (1) does not authorize the person to enter and

inspect a building or dwelling without a warrant unless the occupier of the

building or dwelling consents to the entry.

Warrant for building or dwelling

(4) On

application without notice, a justice may issue a warrant authorizing an

enforcement officer to enter and inspect a building or dwelling if the justice

is satisfied by information under oath that there are reasonable grounds to

believe that,

(

a) an

inspection under this

section is required for the reasons described in

subsection (1); and

(

b) entry

has been refused or is likely to be refused.

Same,

application for warrant

(5) An

application under subsection (4) shall specify that the warrant is to enter and

inspect a building or a dwelling.

Conditions

(6) A

warrant is subject to such conditions as may be specified in the warrant.

Assistance

(7) An

enforcement officer may be accompanied or assisted by any person during an

inspection under this section.

Time

of entry

(8) The

power to enter lands, buildings or dwellings under subsection (1) may be

exercised at any reasonable time.

Use

of force

(9) Subsection

(1) does not authorize the use of force.

Return

of things

(10) Any

document or thing removed during an inspection shall be returned promptly to

the person from whom it was taken unless it is not reasonable for the person to

expect the thing to be returned.

Offence

(11) Any

person who prevents or obstructs a person who is entitled to enter lands,

buildings or dwellings and conduct an inspection under this

section from

entering the lands, buildings or dwellings or conducting the inspection is

guilty of an offence and on conviction is liable to a fine of not more than

$10,000.

The Act is amended by adding the following section:

False

statements and obstruction

28.0.1

(1) A person

shall not,

(

a) knowingly

make a false statement in an application or in any other document required to

be submitted under this Act;

(

b) knowingly

make a false or misleading statement to an enforcement officer who is acting

under this Act; or

(

c) otherwise

obstruct an enforcement officer who is acting under this Act.

Offence

(2) Every

person who contravenes subsection (1) is guilty of an offence and on conviction

is liable to a fine of not more than $10,000.

Subsection 28.1 (1) of the Act is amended by striking out “subsection 6.1 (3),

section 24, subsection 26 (1) or subsection 28 (4)” and substituting “subsection

6.1 (3),

section 24 or subsection 26 (1)”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 12

NIPISSING UNIVERSITY ACT, 1992

Section 9 of the Nipissing University Act, 1992 is

amended by adding the following subsections:

Exception,

chair

(4) The

board may determine by board resolution that the six-year limit set out in

subsection (2) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(5) A

member who continues to serve as chair pursuant to subsection (4),

(

a) despite

subsection (1), shall have a term of office of not more than two years;

(

b) may

not be a member of the board for more than eight consecutive years; and

(

c) subsequently

is not eligible for reappointment or re-election to the board.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 13

ONTARIO COLLEGE OF ART & DESIGN UNIVERSITY ACT, 2002

Section 5 of the Ontario College of Art & Design

University Act, 2002 is amended by adding the following subsections:

Exception,

chair

(4.1) The

board may determine by board resolution that the six-year limit set out in

subsection (4) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(4.2) A

member who continues to serve as chair pursuant to subsection (4.1) may not be

a member of the board for more than eight consecutive years and subsequently is

not eligible for reappointment or re-election to the board.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 14

ONTARIO HERITAGE ACT

Section 33 of the Ontario Heritage Act is amended

by adding the following subsections:

Alteration

of building used for religious practices

(18) The

council shall consent to an application to alter or permit the alteration of a

building, or part thereof, on property under subsection (1), without terms or

conditions, where the following conditions are met:

1. The

building, or part thereof, to be altered is primarily used for religious

practices.

2. The

heritage attributes are connected to religious practices.

3. The

alteration of the heritage attributes is required for religious practices.

4. Any

prescribed conditions.

5. The

applicant provides the council with an affidavit or sworn declaration that the

application meets the conditions set out in paragraphs 1 to 4.

6. The

applicant provides the council with any information and material prescribed

under subsection (2).

Indigenous

religious or spiritual practices

(19) For

the purposes of subsection (18), religious practices include Indigenous

religious or spiritual practices.

Notice

re incomplete application

(20) The

council shall, in accordance with the prescribed time period, notify the

applicant if the affidavit or sworn declaration required under paragraph 5 of

subsection (18) is not complete or if any information and material required

under paragraph 6 of subsection (18) is not provided.

Same

(21) For

greater certainty, the council shall provide additional notice in accordance

with subsection (20) if the applicant resubmits an affidavit or sworn

declaration that remains incomplete or if any information and material required

is still not provided.

Notice

re consent

(22) Upon

receiving the complete affidavit or sworn declaration required under paragraph

5 of subsection (18) and all information and material required under paragraph

6 of subsection (18), the council shall, in accordance with the prescribed time

period, serve notice of its consent to the application under subsection (18) on

the applicant and the Trust.

Deemed

consent, incomplete application

(23) If

the council receives an affidavit or sworn declaration required under paragraph

5 of subsection (18) that is incomplete or if any information and material

required under paragraph 6 of subsection (18) is not provided by the applicant,

and the council fails to provide the applicant with notice of an incomplete

application in accordance with subsection (20) or (21), as the case may be, the

council shall be deemed to have consented to the application.

Deemed

consent, complete application

(24) If

the council receives the complete affidavit or sworn declaration required under

paragraph 5 of subsection (18) and all of the information and material required

under paragraph 6 of subsection (18) but does not provide notice of consent to

the applicant in accordance with the time period prescribed under subsection (22),

the council shall be deemed to have consented to the application.

Reliance

on affidavit or sworn declaration

(25) For

greater certainty, the council shall rely exclusively on the affidavit or sworn

declaration under paragraph 5 of subsection (18) to demonstrate that the

application meets the conditions under paragraphs 1 to 4 of subsection (18).

Non-application,

subss. (3) to (14)

(26) Subsections

(3) to (14) do not apply to an application to alter under subsection (18).

Subsection 70 (1) of the Act is amended by adding the following clause:

(j.1) defining

terms for the purposes of subsections 33 (18) and (19);

Section 71 of the Act is amended by adding the following clauses:

(

e) facilitate

the implementation of amendments to this Act made by

Schedule 14 to the Less Red Tape, More Common Sense Act, 2023 ;

(

f) deal

with any problems or issues arising as a result of the enactment of a provision

of this Act by

Schedule 14 to the Less Red Tape, More

Common Sense Act, 2023 .

Commencement

This

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

Lieutenant Governor.

SCHEDULE 15

PROFESSIONAL ENGINEERS ACT

(1) Paragraph 10 of subsection 7 (1) of the Professional

Engineers Act is repealed.

(2) Paragraph

11 of subsection 7 (1) of the Act is amended by striking out “and prescribing

and requiring the use of forms of such returns” at the end and substituting

“and governing the requirements”.

(3) Paragraph

13 of subsection 7 (1) of the Act is repealed and the following substituted:

13. requiring

members of the Association and holders of certificates of authorization, temporary

licences, provisional licences and limited licences to provide specified

information or documents to the Registrar for the purposes of this Act, and

governing the requirements;

Clause 14 (2) (

b) of the Act is amended by striking out “that the holder” at

the beginning and substituting “that the applicant for or the holder”.

Subsection 19 (3) of the Act is amended by striking out “mails or delivers” and

substituting “delivers”.

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

“deliver”.

Clause 28 (1) (

b) of the Act is amended by striking out “27.1 or 37” and

substituting “27.1, 33 or 37”.

Subsection 33 (10) of the Act is repealed and the following substituted:

Report

(10) The

Registrar shall report the results of the investigation to the Complaints

Committee and to the member or holder who was the subject of the investigation.

Complaints Committee may act

(11) The

Complaints Committee may, on the basis of the report,

(

a) direct

that the matter be referred, in whole or in part, to the Discipline Committee;

(

b) direct

that the matter not be referred under clause (a); or

(

c) take

such action as it considers appropriate in the circumstances and that is not

inconsistent with this Act or the regulations or by-laws.

Same

(12) Subsections

24 (3) to (5) apply with necessary modifications with respect to the operation

of subsection (11).

Subsection 43 (1) of the Act is amended by striking out “personally or by mail”

at the end and substituting “personally, electronically or by mail”.

The Act is amended by adding the following section:

Forms

The

Registrar may approve forms for the purposes of this Act and require their use.

The Act is amended by striking out “the Attorney General” wherever it appears

and substituting in each case “the Minister”, except in the definition of

“Minister” in

section 1.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 16

RETIREMENT HOMES ACT, 2010

Section 122 of the Retirement Homes Act, 2010 is

repealed.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 17

SECURITIES ACT

Subsection 143.2 (4) of the Securities Act is

amended by striking out “90” and substituting “60”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 18

ST. LAWRENCE PARKS COMMISSION ACT

Section 6 of the St. Lawrence Parks Commission Act

is amended by adding the following subsection:

Easements

(2) Despite

clause (1) (a), the Commission may dispose of an interest in land by the grant

of an easement without the approval of the Lieutenant Governor in Council.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 19

Act, 2017 is repealed and the following substituted:

Exception,

chair

(3) The

board may determine by board resolution that the six-year limit set out in

subsection (2) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(4) A

member who continues to serve as chair pursuant to subsection (3),

(

a) despite

paragraphs 2 and 3 of

section 10, shall have a term of office of not more than

two years;

(

b) may

not be a member of the board for more than a total of eight years; and

(

c) subsequently

is not eligible for reappointment or re-election to the board.

Exception,

president or chancellor

(5) Despite

subsections (2) and (3), a member may be appointed as president or chancellor

of the University or as an appointee of the president under subparagraph 1 ii

of subsection 9 (1) regardless of whether, as a result of such appointment,

they would exceed the maximum number of years of service set out in those

subsections.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 20

UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY ACT, 2002

Section 8 of the University of Ontario Institute of

Technology Act, 2002 is amended by adding the following subsections:

Exception,

chair

(6.1) The

board may determine by board resolution that the six-year limit set out in

subsection (6) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(6.2) A

member who continues to serve as chair pursuant to subsection (6.1) may not be

a member of the board for more than eight consecutive years and subsequently is

not eligible for reappointment or re-election to the board.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

Bill 139 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

AGRICULTURAL AND HORTICULTURAL ORGANIZATIONS ACT

Currently

under the Agricultural and Horticultural Organizations Act ,

organizations are required to present audited financial statements at the

annual meeting and to submit those statements to the Director. The requirement

is amended to require prescribed financial information instead.

The

Act is also amended in respect of the compensation that may be paid to a director,

an officer or a member of an agricultural society or horticultural society.

SCHEDULE 2

ALGOMA UNIVERSITY ACT, 2008

Currently,

the Algoma University Act, 2008 provides that a

member of the board may not serve for more than six consecutive years. The Act

is amended to permit an exception to that rule in certain circumstances for a

member who is serving as chair of the board.

SCHEDULE 3

CHARITIES ACCOUNTING ACT

Clause

1 (1) (

b) of the Charities Accounting Act requires

that a person give written notice to the Public Guardian and Trustee if real or

personal property or any right or interest in it or proceeds from it is given

to or vested in that person as executor or trustee for a religious,

educational, charitable or public purpose, or are to be applied by that person

for any such purpose, under the terms of an instrument in writing. Subsection 1

(1) is re-enacted to remove that requirement.

Under

subsection 1 (2), the instrument of incorporation of a corporation incorporated

for a religious, educational, charitable or public purpose is deemed to be an

instrument in writing within the meaning of the Act. Subsection 1 (6) is

re-enacted to exempt such a corporation from having to provide a copy of its

instrument of incorporation when giving notice under subsection 1 (1).

SCHEDULE 4

COMMODITY FUTURES ACT

Subsection

67 (4) of the Commodity Futures Act is amended to

reduce the minimum period during which the Ontario Securities Commission is

required to give reasonable opportunity to interested persons and companies to

make written representations with respect to a rule it proposes to make under

section 65 from 90 to 60 days.

SCHEDULE 5

CORPORATIONS ACT

Currently,

section 2.1 of the Corporations Act governs the

continuance of social companies from the Act to the Not-for-Profit

Corporations Act, 2010 , the Co-operative

Corporations Act or the Business Corporations Act .

Subsection 2.1 (4) currently provides that if a social company has more than

one class of shareholders, the special resolution passed by the corporation to

authorize the continuance must be approved by each class of shareholders by a

separate vote. That subsection is repealed. A complementary amendment is made

to subsection 2.1 (7).

SCHEDULE 6

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020

Section

35.1 of the Credit Unions and Caisses Populaires Act, 2020

is re-enacted to remove certain requirements for deposits from a member in

trust for a named beneficiary. Subsection 174 (10) of the Act is amended to

remove the requirement that membership shares or patronage shares not be used

in certain purchases and sales between credit unions.

SCHEDULE 7

FARM REGISTRATION AND FARM ORGANIZATIONS FUNDING ACT, 1993

The

Schedule repeals sections 5 and 7 of

Schedule 1 to the Restoring

Ontario’s Competitiveness Act, 2019 .

SCHEDULE 8

FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016

Subsection

22 (4) of the Financial Services Regulatory Authority of

Ontario Act, 2016 is amended to reduce the minimum period during which

the Financial Services Regulatory Authority of Ontario is required to give

reasonable opportunity to interested persons to make written representations

with respect to a rule it proposes to make from 90 to 60 days.

SCHEDULE 9

MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020

The

Modernizing Ontario for People and Businesses Act, 2020

is amended to change the definition of “Minister” so that it names the Minister

of Red Tape Reduction and to change the term “businesses” in one provision to

“regulated entities”.

SCHEDULE 10

MOTOR VEHICLE DEALERS ACT, 2002

The

Schedule amends subsection 32 (4) of the Motor Vehicle

Dealers Act, 2002

to change the minimum fine upon conviction for an offence under subsection 4

(1) from $2,500 to $5,000. Subsection 34 (3) and

section 41 of the Act are

repealed.

SCHEDULE 11

NIAGARA ESCARPMENT PLANNING AND DEVELOPMENT ACT

The

Schedule amends the Niagara Escarpment Planning and

Development Act . Provisions relating to enforcement are updated and expanded.

For example, under

section 28, enforcement officers, who are appointed or

designated by the Minister, may enter certain places for the purpose of

conducting an inspection but they may not enter buildings or dwellings without

consent or a warrant. The powers of a person conducting an inspection under

section 28 include requiring the production of documents or things relevant to

the inspection and making measurements, taking tests, samples or photographs or

making any other records necessary for the purposes of the inspection. A new

section 28.0.1 makes it an offence to knowingly make a false statement in an

application or in any other document required to be submitted under the Act or

knowingly making a false or misleading statement to an enforcement officer or

otherwise obstructing them. Finally, provisions relating to publishing notices

in newspapers are amended to instead require that the notice be published on a

website of the Government of Ontario or a website managed by the Commission, in

the case of proposed amendments to the Niagara Escarpment Plan, or that the

notice be published in such manner as hearing officers consider appropriate, in

the case of hearings respecting such amendments.

SCHEDULE 12

NIPISSING UNIVERSITY ACT, 1992

Currently,

the Nipissing University Act, 1992 provides that a

member of the board may not serve for more than six consecutive years. The Act

is amended to permit an exception to that rule in certain circumstances for a

member who is serving as chair of the board.

SCHEDULE 13

ONTARIO COLLEGE OF ART & DESIGN UNIVERSITY ACT, 2002

Currently,

the Ontario College of Art & Design University Act,

2002 provides that a member of the board may not serve for more than six

consecutive years. The Act is amended to permit an exception to that rule in

certain circumstances for a member who is serving as chair of the board.

SCHEDULE 14

ONTARIO HERITAGE ACT

The

Schedule amends

section 33 of the Ontario Heritage Act .

The new subsection 33 (18) provides that the council shall consent to an application

to alter or permit the alteration of a building, or part thereof, on property

under subsection 33 (1), without terms or conditions, where certain conditions

are met.

SCHEDULE 15

PROFESSIONAL ENGINEERS ACT

The

Schedule makes various amendments to the Professional

Engineers Act , including the following:

1. Subsection

7 (1) of the Act is amended to remove regulation-making authority to prescribe

various forms for the purposes of the Act. A new

section 46 is added to give

the Registrar of the Association of Professional Engineers of Ontario authority

to approve forms for the purposes of the Act and require their use.

2. Subsections

19 (3), 24 (4) and 43 (1) of the Act are amended to provide for sufficient

delivery of documents under the Act to be by mail, electronically or

personally.

3. Subsection

33 (10) of the Act is re-enacted so that the results of an investigation under

that

section by the Registrar of a member of the Association or a holder of a certificate

of authorization, a temporary licence, provisional licence or limited licence

are to be reported to the Complaints Committee. A new subsection 33

(11) provides for the actions that the Committee may take in response to the report.

SCHEDULE 16

RETIREMENT HOMES ACT, 2010

The

Schedule repeals

section 122 of the Retirement Homes Act,

2010 , which prohibits the Lieutenant Governor in Council from making

certain regulations under the Act unless the requirements set out in that

section regarding public consultation in respect of the proposed regulations

have been fulfilled.

SCHEDULE 17

SECURITIES ACT

Subsection

143.2 (4) of the Securities Act is amended to

reduce the minimum period during which the Ontario Securities Commission is

required to give reasonable opportunity to interested persons and companies to

make written representations with respect to a rule it proposes to make under

section 143 from 90 to 60 days.

SCHEDULE 18

ST. LAWRENCE PARKS COMMISSION ACT

The

Schedule amends

section 6 of the St. Lawrence Parks

Commission Act to provide that the Commission may dispose of an interest

in land by the grant of an easement without the approval of the Lieutenant

Governor in Council.

SCHEDULE 19

Currently,

that a member of the board may not serve for more than six consecutive years.

The Act is amended to permit an exception to that rule in certain circumstances

for a member who is serving as chair of the board.

SCHEDULE 20

UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY ACT, 2002

Currently,

the University of Ontario Institute of Technology Act,

2002 provides that a member of the board may not serve for more than six

consecutive years. The Act is amended to permit an exception to that rule in

certain circumstances for a member who is serving as chair of the board.

Bill 139 2023

Act to amend various Acts

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Agricultural

and Horticultural Organizations Act

Schedule 2

Algoma

University Act, 2008

Schedule 3

Charities

Accounting Act

Schedule 4

Commodity

Futures Act

Schedule 5

Corporations

Act

Schedule 6

Credit

Unions and Caisses Populaires Act, 2020

Schedule 7

Farm

Registration and Farm Organizations Funding Act, 1993

Schedule 8

Financial

Services Regulatory Authority of Ontario Act, 2016

Schedule 9

Modernizing

Ontario for People and Businesses Act, 2020

Schedule 10

Motor

Vehicle Dealers Act, 2002

Schedule 11

Niagara

Escarpment Planning and Development Act

Schedule 12

Nipissing

University Act, 1992

Schedule 13

Ontario

College of Art & Design University Act, 2002

Schedule 14

Ontario

Heritage Act

Schedule 15

Professional

Engineers Act

Schedule 16

Retirement

Homes Act, 2010

Schedule 17

Securities

Act

Schedule 18

St.

Lawrence Parks Commission Act

Schedule 19

Université

Schedule 20

University

of Ontario Institute of Technology Act, 2002

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

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

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

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

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Less Red Tape, More Common Sense Act, 2023 .

SCHEDULE 1

AGRICULTURAL AND HORTICULTURAL ORGANIZATIONS ACT

Subsection 11 (5) of the Agricultural and Horticultural

Organizations Act is amended by striking out “the audited financial

statement for the previous year” at the end and substituting “the financial

information prescribed by regulation”.

(1) Section 13 of the Act is amended by adding “for the performance

of his or her duties” after “horticultural society”.

(2) Section

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

(2) Subject

to the by-laws of an agricultural society or horticultural society, a director,

an officer or a member of the society may receive reasonable remuneration and

expenses for any services to the society that he or she performs in any other

capacity.

Clause 15 (1) (

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

(

a) the

financial information prescribed by regulation;

Section 16 of the Act is amended by striking out “officer, director or auditor”

and substituting “officer or director”.

Section 41 of the Act is amended by adding the following clause:

(i.1) prescribing

the financial information to be presented at annual meetings and submitted to

the Director;

Commencement

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

Schedule

comes into force on the day the Less Red Tape, More Common

Sense Act, 2023 receives Royal Assent.

(2) Sections

1, 3, 4 and 5 come into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 2

ALGOMA UNIVERSITY ACT, 2008

Section 11 of the Algoma University Act, 2008 is

amended by adding the following subsections:

Exception, chair

(3) The

board may determine by board resolution that the six-year limit set out in

subsection (2) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(4) A

member who continues to serve as chair pursuant to subsection (3) may not be a

member of the board for more than eight consecutive years and subsequently is

not eligible for reappointment or re-election to the board.

Commencement

2 This

Schedule comes into force on the day the

Less Red Tape, More Common Sense Act, 2023 receives

Royal Assent.

SCHEDULE 3

CHARITIES ACCOUNTING ACT

(1) Subsection 1 (1) of the Charities

Accounting Act is repealed and the following substituted:

Notice

of property given or vested

(1) If,

under the terms of a will or other instrument in writing, real or personal

property or any right or interest in it or proceeds from it are given to or

vested in a person as executor or trustee for a religious, educational,

charitable or public purpose, or are to be applied by the person for any such

purpose, the person shall give written notice to the person designated in the

will or other instrument as the beneficiary or as the person to receive the

gift from the executor or trustee.

(2) Subsection

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

Copy

of instrument

(6) Except

in the case of a corporation incorporated for a religious, educational,

charitable or public purpose, the notice shall be accompanied by a copy of the

will or other instrument.

The French version of the Act is amended by striking out “biens meubles ou

immeubles” wherever it appears and substituting in each case “biens réels ou

personnels”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 4

COMMODITY FUTURES ACT

Subsection 67 (4) of the Commodity Futures Act is

amended by striking out “90” and substituting “60”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 5

CORPORATIONS ACT

(1) Subsection 2.1 (4) of the Corporations Act

is repealed.

(2) Subsection

2.1 (7) of the Act is amended by striking out “quorum, including a quorum for

each class of shareholders, to approve” and substituting “quorum to approve”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 6

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020

Subsection 35.1 (1) of the Credit Unions and Caisses

Populaires Act, 2020 is repealed and the following substituted:

Trust

for named beneficiary

(1) A

credit union may accept deposits from a member in trust for a named

beneficiary.

Paragraph 3 of subsection 174 (10) of the Act is amended by striking out “that

are not membership shares or patronage shares” at the end.

Commencement

This

Schedule comes into force on the later of January 1, 2024 and the day the Less Red Tape, More Common Sense Act, 2023 receives Royal

Assent.

SCHEDULE 7

FARM REGISTRATION AND FARM ORGANIZATIONS FUNDING ACT, 1993

Restoring

Ontario’s Competitiveness Act, 2019

Sections 5

and 7 of

Schedule 1 to the Restoring Ontario’s

Competitiveness Act, 2019 are repealed.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 8

FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016

Subsection 22 (4) of the Financial Services Regulatory

Authority of Ontario Act, 2016 is amended by striking out “90” and

substituting “60”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 9

MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020

The definition of “Minister” in subsection 1 (1) of the Modernizing

Ontario for People and Businesses Act, 2020 is amended by striking out “Economic

Development, Job Creation and Trade” and substituting “Red Tape Reduction”.

Section 6 of the Act is amended by striking out “businesses” and substituting

“regulated entities”.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 10

MOTOR VEHICLE DEALERS ACT, 2002

Subsection 32 (4) of the Motor Vehicle Dealers Act, 2002

is amended by striking out “$2,500” at the end and substituting “$5,000”.

Subsection 34 (3) of the Act is repealed.

Section 41 of the Act is repealed.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 11

NIAGARA ESCARPMENT PLANNING AND DEVELOPMENT ACT

Section 1 of the Niagara Escarpment Planning and

Development Act is amended by adding the following

definitions:

“enforcement

officer” means an enforcement officer appointed or designated under

section 27.1;

(“agent d’exécution”)

“justice”

has the same meaning as in the Provincial Offences Act ;

(“juge”)

(1) Clause 10 (1) (

b) of the Act is amended by striking out “publish

a notice in such newspapers having general circulation in any area that is

within the Niagara Escarpment Planning Area as the Commission considers

appropriate” at the beginning and substituting “publish a notice, on a website

of the Government of Ontario or a website managed by the Commission”.

(2) Subsection

10 (4) of the Act is amended by striking out “and shall publish notice thereof

in such newspapers having in their opinion general circulation in any area that

is within the Niagara Escarpment Planning Area as they consider appropriate”

and substituting “and give notice of the hearing in such manner as they consider

appropriate”.

(3) Subsection

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

Time

of hearing

(5) The

time fixed for any hearing under subsection (3) shall not be before the

expiration of the time for making comments on the proposed amendments.

Clause 23 (

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

(

c) providing

for the exemption of any class or classes of persons, or any class or classes

of development within any development area from the requirement of obtaining a

development permit, subject to any conditions or restrictions prescribed by the

regulations;

Subsection 24 (6.1) of the Act is repealed and the following substituted:

Order

to stop work, etc.

(6.1) If

a person undertakes any development that is in contravention of subsection

(1) and the Minister or an enforcement officer has reasonable grounds to believe

that the contravention is causing or is likely to cause a risk to public safety

or significant environmental damage, the Minister or the enforcement officer

may order the person to,

(

a) stop

work on the development;

(

b) take

such steps as the Minister or the enforcement officer considers necessary to

ensure compliance with this Act or the regulations, within such time as the

order specifies.

The Act is amended by adding the following section:

Enforcement

officers

27.1

(1) The

Minister may appoint or designate persons or classes of persons as enforcement

officers for the purposes of this Act.

Enforcement

officers by virtue of office

(2) The

following persons are enforcement officers for the purposes of this Act by

virtue of their office:

1. A

conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997 .

2. A

provincial offences officer employed by the Commission and designated by the Minister

to enforce this Act.

Production

of identification

(3) An

enforcement officer acting under this Act shall, on request, produce

identification.

(1) Subsection 28 (1) of the Act is amended by repealing the portion

before clause (

a) and substituting the following:

Entry re inspection

(1) Subject to subsection (3), an

enforcement officer, an employee or agent of the Commission or a person

designated under subsection 5 (11) may enter and inspect

any land ,

building or dwelling if,

. . . .

(2) Clause

28 (1) (

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

(

e) there

are reasonable grounds to believe that development to which this Act or the

regulations apply has been or is being undertaken.

(3) Subsections

28 (2) to (7) of the Act are repealed and the following substituted:

Powers during inspection

(2) A

person conducting an inspection under subsection (1) may,

(

a) require

the production for inspection of documents or things relevant to the

inspection;

(

b) inspect

and remove documents or things relevant to the inspection for the purpose of

making copies or extracts;

(

c) require

information from any person concerning a matter related to the inspection; and

(

d) alone

or in conjunction with a person possessing special or expert knowledge, make

examinations, make any measurements, take tests, samples or photographs or make

any other records necessary for the purposes of the inspection.

Authority to enter and inspect

(3) A

person specified in subsection (1) may, under that subsection, enter and

inspect any land without the consent of the owner or occupier of the land and

without a warrant but subsection (1) does not authorize the person to enter and

inspect a building or dwelling without a warrant unless the occupier of the

building or dwelling consents to the entry.

Warrant for building or dwelling

(4) On

application without notice, a justice may issue a warrant authorizing an

enforcement officer to enter and inspect a building or dwelling if the justice

is satisfied by information under oath that there are reasonable grounds to

believe that,

(

a) an

inspection under this

section is required for the reasons described in

subsection (1); and

(

b) entry

has been refused or is likely to be refused.

Same,

application for warrant

(5) An

application under subsection (4) shall specify that the warrant is to enter and

inspect a building or a dwelling.

Conditions

(6) A

warrant is subject to such conditions as may be specified in the warrant.

Assistance

(7) An

enforcement officer may be accompanied or assisted by any person during an

inspection under this section.

Time

of entry

(8) The

power to enter lands, buildings or dwellings under subsection (1) may be

exercised at any reasonable time.

Use

of force

(9) Subsection

(1) does not authorize the use of force.

Return

of things

(10) Any

document or thing removed during an inspection shall be returned promptly to

the person from whom it was taken unless it is not reasonable for the person to

expect the thing to be returned.

Offence

(11) Any

person who prevents or obstructs a person who is entitled to enter lands,

buildings or dwellings and conduct an inspection under this

section from

entering the lands, buildings or dwellings or conducting the inspection is

guilty of an offence and on conviction is liable to a fine of not more than

$10,000.

The Act is amended by adding the following section:

False

statements and obstruction

28.0.1

(1) A person

shall not,

(

a) knowingly

make a false statement in an application or in any other document required to

be submitted under this Act;

(

b) knowingly

make a false or misleading statement to an enforcement officer who is acting

under this Act; or

(

c) otherwise

obstruct an enforcement officer who is acting under this Act.

Offence

(2) Every

person who contravenes subsection (1) is guilty of an offence and on conviction

is liable to a fine of not more than $10,000.

Subsection 28.1 (1) of the Act is amended by striking out “subsection 6.1 (3),

section 24, subsection 26 (1) or subsection 28 (4)” and substituting “subsection

6.1 (3),

section 24 or subsection 26 (1)”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 12

NIPISSING UNIVERSITY ACT, 1992

Section 9 of the Nipissing University Act, 1992 is

amended by adding the following subsections:

Exception,

chair

(4) The

board may determine by board resolution that the six-year limit set out in

subsection (2) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(5) A

member who continues to serve as chair pursuant to subsection (4),

(

a) despite

subsection (1), shall have a term of office of not more than two years;

(

b) may

not be a member of the board for more than eight consecutive years; and

(

c) subsequently

is not eligible for reappointment or re-election to the board.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 13

ONTARIO COLLEGE OF ART & DESIGN UNIVERSITY ACT, 2002

Section 5 of the Ontario College of Art & Design University

Act, 2002 is amended by adding the following subsections:

Exception,

chair

(4.1) The

board may determine by board resolution that the six-year limit set out in

subsection (4) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(4.2) A

member who continues to serve as chair pursuant to subsection (4.1) may not be

a member of the board for more than eight consecutive years and subsequently is

not eligible for reappointment or re-election to the board.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 14

ONTARIO HERITAGE ACT

Section 33 of the Ontario Heritage Act is amended

by adding the following subsections:

Alteration

of building used for religious practices

(18) The

council shall consent to an application to alter or permit the alteration of a

building, or part thereof, on property under subsection (1), without terms or

conditions, where the following conditions are met:

1. The

building, or part thereof, to be altered is primarily used for religious

practices.

2. The

heritage attributes are connected to religious practices.

3. The

alteration of the heritage attributes is required for religious practices.

4. Any

prescribed conditions.

5. The

applicant provides the council with an affidavit or sworn declaration that the

application meets the conditions set out in paragraphs 1 to 4.

6. The

applicant provides the council with any information and material prescribed

under subsection (2).

Indigenous

religious or spiritual practices

(19) For

the purposes of subsection (18), religious practices include Indigenous

religious or spiritual practices.

Notice

re incomplete application

(20) The

council shall, in accordance with the prescribed time period, notify the

applicant if the affidavit or sworn declaration required under paragraph 5 of

subsection (18) is not complete or if any information and material required

under paragraph 6 of subsection (18) is not provided.

Same

(21) For

greater certainty, the council shall provide additional notice in accordance

with subsection (20) if the applicant resubmits an affidavit or sworn

declaration that remains incomplete or if any information and material required

is still not provided.

Notice

re consent

(22) Upon

receiving the complete affidavit or sworn declaration required under paragraph

5 of subsection (18) and all information and material required under paragraph

6 of subsection (18), the council shall, in accordance with the prescribed time

period, serve notice of its consent to the application under subsection (18) on

the applicant and the Trust.

Deemed

consent, incomplete application

(23) If

the council receives an affidavit or sworn declaration required under paragraph

5 of subsection (18) that is incomplete or if any information and material

required under paragraph 6 of subsection (18) is not provided by the applicant,

and the council fails to provide the applicant with notice of an incomplete

application in accordance with subsection (20) or (21), as the case may be, the

council shall be deemed to have consented to the application.

Deemed

consent, complete application

(24) If

the council receives the complete affidavit or sworn declaration required under

paragraph 5 of subsection (18) and all of the information and material required

under paragraph 6 of subsection (18) but does not provide notice of consent to

the applicant in accordance with the time period prescribed under subsection (22),

the council shall be deemed to have consented to the application.

Reliance

on affidavit or sworn declaration

(25) For

greater certainty, the council shall rely exclusively on the affidavit or sworn

declaration under paragraph 5 of subsection (18) to demonstrate that the

application meets the conditions under paragraphs 1 to 4 of subsection (18).

Non-application,

subss. (3) to (14)

(26) Subsections

(3) to (14) do not apply to an application to alter under subsection (18).

Subsection 70 (1) of the Act is amended by adding the following clause:

(j.1) defining

terms for the purposes of subsections 33 (18) and (19);

Section 71 of the Act is amended by adding the following clauses:

(

e) facilitate

the implementation of amendments to this Act made by

Schedule 14 to the Less Red Tape, More Common Sense Act, 2023 ;

(

f) deal

with any problems or issues arising as a result of the enactment of a provision

of this Act by

Schedule 14 to the Less Red Tape, More

Common Sense Act, 2023 .

Commencement

This

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

Lieutenant Governor.

SCHEDULE 15

PROFESSIONAL ENGINEERS ACT

(1) Paragraph 10 of subsection 7 (1) of the Professional

Engineers Act is repealed.

(2) Paragraph

11 of subsection 7 (1) of the Act is amended by striking out “and prescribing

and requiring the use of forms of such returns” at the end and substituting

“and governing the requirements”.

(3) Paragraph

13 of subsection 7 (1) of the Act is repealed and the following substituted:

13. requiring

members of the Association and holders of certificates of authorization,

temporary licences, provisional licences and limited licences to provide

specified information or documents to the Registrar for the purposes of this

Act, and governing the requirements;

Clause 14 (2) (

b) of the Act is amended by striking out “that the holder” at

the beginning and substituting “that the applicant for or the holder”.

Subsection 19 (3) of the Act is amended by striking out “mails or delivers” and

substituting “delivers”.

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

“deliver”.

Clause 28 (1) (

b) of the Act is amended by striking out “27.1 or 37” and

substituting “27.1, 33 or 37”.

Subsection 33 (10) of the Act is repealed and the following substituted:

Report

(10) The

Registrar shall report the results of the investigation to the Complaints

Committee and to the member or holder who was the subject of the investigation.

Complaints Committee may act

(11) The

Complaints Committee may, on the basis of the report,

(

a) direct

that the matter be referred, in whole or in part, to the Discipline Committee;

(

b) direct

that the matter not be referred under clause (a); or

(

c) take

such action as it considers appropriate in the circumstances and that is not

inconsistent with this Act or the regulations or by-laws.

Same

(12) Subsections

24 (3) to (5) apply with necessary modifications with respect to the operation

of subsection (11).

Subsection 43 (1) of the Act is amended by striking out “personally or by mail”

at the end and substituting “personally, electronically or by mail”.

The Act is amended by adding the following section:

Forms

The

Registrar may approve forms for the purposes of this Act and require their use.

The Act is amended by striking out “the Attorney General” wherever it appears

and substituting in each case “the Minister”, except in the definition of

“Minister” in

section 1.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 16

RETIREMENT HOMES ACT, 2010

Section 122 of the Retirement Homes Act, 2010 is

repealed.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 17

SECURITIES ACT

Subsection 143.2 (4) of the Securities Act is

amended by striking out “90” and substituting “60”.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 18

ST. LAWRENCE PARKS COMMISSION ACT

Section 6 of the St. Lawrence Parks Commission Act

is amended by adding the following subsection:

Easements

(2) Despite

clause (1) (a), the Commission may dispose of an interest in land by the grant

of an easement without the approval of the Lieutenant Governor in Council.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 19

Act, 2017 is repealed and the following substituted:

Exception,

chair

(3) The

board may determine by board resolution that the six-year limit set out in

subsection (2) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(4) A

member who continues to serve as chair pursuant to subsection (3),

(

a) despite

paragraphs 2 and 3 of

section 10, shall have a term of office of not more than

two years;

(

b) may

not be a member of the board for more than a total of eight years; and

(

c) subsequently

is not eligible for reappointment or re-election to the board.

Exception,

president or chancellor

(5) Despite

subsections (2) and (3), a member may be appointed as president or chancellor

of the University or as an appointee of the president under subparagraph 1 ii

of subsection 9 (1) regardless of whether, as a result of such appointment,

they would exceed the maximum number of years of service set out in those

subsections.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

SCHEDULE 20

UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY ACT, 2002

Section 8 of the University of Ontario Institute of

Technology Act, 2002 is amended by adding the following subsections:

Exception,

chair

(6.1) The

board may determine by board resolution that the six-year limit set out in

subsection (6) does not apply to a member who is serving as chair of the board,

and the member shall immediately be eligible for reappointment or re-election

to another term of office, provided that the member continues to serve as

chair.

Same

(6.2) A

member who continues to serve as chair pursuant to subsection (6.1) may not be

a member of the board for more than eight consecutive years and subsequently is

not eligible for reappointment or re-election to the board.

Commencement

This

Schedule comes into force on the day the Less Red

Tape, More Common Sense Act, 2023 receives Royal Assent.

Date Bill stage Event Outcome Committee

December 4, 2023

Royal Assent

Royal Assent received

November 21, 2023

Third Reading

Vote

Carried

November 21, 2023

Third Reading

Question put

November 21, 2023

Third Reading

Closure

Carried

November 21, 2023

Third Reading

Moved closure

November 21, 2023

Third Reading

Debated

November 16, 2023

Third Reading

Debated

Debate adjourned

November 16, 2023

Third Reading

Debated

Debate adjourned

November 14, 2023

Second Reading

Ordered for Third Reading

November 14, 2023

Second Reading

Report adopted

November 14, 2023

Second Reading

Reported without amendment

Standing Committee on Justice Policy

November 9, 2023

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

November 8, 2023

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

October 26, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

October 26, 2023

Second Reading

Vote

Carried

October 26, 2023

Second Reading

Question put

October 26, 2023

Second Reading

Debated

October 26, 2023

Second Reading

Debated

Debate adjourned

October 25, 2023

Second Reading

Debated

Debate adjourned

October 25, 2023

Second Reading

Debated

Debate adjourned

October 19, 2023

First Reading

Ordered for Second Reading

October 19, 2023

First Reading

Vote

Carried

First Reading

October 19, 2023

Carried

Ordered for Second Reading

Second Reading

October 25, 2023

Principal Debaters

Gill, Hon. Parm

Milton

Glover, Chris

Spadina—Fort York

Kernaghan, Terence

London North Centre

Martin, Robin

Eglinton—Lawrence

Questions and Responses

Armstrong, Teresa

London—Fanshawe

Bourgouin, Guy

Mushkegowuk—James Bay

Dowie, Andrew

Windsor—Tecumseh

Fife, Catherine

Waterloo

French, Jennifer

Oshawa

Gallagher Murphy, Dawn

Newmarket—Aurora

Harden, Joel

Ottawa Centre

Kanapathi, Logan

Markham—Thornhill

Mamakwa, Sol

Kiiwetinoong

Sandhu, Amarjot

Brampton West

October 25, 2023

Debated

October 26, 2023

Principal Debaters

Gates, Wayne

Niagara Falls

Gélinas, France

Nickel Belt

Jordan, John

Lanark—Frontenac—Kingston

Questions and Responses

Anand, Deepak

Mississauga—Malton

Coe, Lorne

Whitby

Crawford, Stephen

Oakville

Dowie, Andrew

Windsor—Tecumseh

French, Jennifer

Oshawa

Karpoche, Bhutila

Parkdale—High Park

Kernaghan, Terence

London North Centre

Sattler, Peggy

London West

Taylor, Monique

Hamilton Mountain

Vaugeois, Lise

Thunder Bay—Superior North

Wai, Daisy

Richmond Hill

West, Jamie

Sudbury

October 26, 2023

Debated

October 26, 2023

Question put

Carried

Ordered referred to Standing Committee

Standing Committee on Justice Policy

November 8, 2023

Consideration of a Bill

Standing Committee on Justice Policy

November 9, 2023

Consideration of a Bill

Standing Committee on Justice Policy

November 14, 2023

Reported without amendment

Standing Committee on Justice Policy

Ordered for Third Reading

Third Reading

November 16, 2023

Principal Debaters

Bowman, Stephanie

Don Valley West

Calandra, Hon. Paul

Markham—Stouffville

Gill, Hon. Parm

Milton

Kernaghan, Terence

London North Centre

Leardi, Anthony

Essex

Sattler, Peggy

London West

Questions and Responses

Anand, Deepak

Mississauga—Malton

Begum, Doly

Scarborough Southwest

Blais, Stephen

Orléans

Crawford, Stephen

Oakville

Dowie, Andrew

Windsor—Tecumseh

Fraser, John

Ottawa South

Gallagher Murphy, Dawn

Newmarket—Aurora

Gates, Wayne

Niagara Falls

Harden, Joel

Ottawa Centre

Kanapathi, Logan

Markham—Thornhill

Karpoche, Bhutila

Parkdale—High Park

Kusendova-Bashta, Natalia

Mississauga Centre

Rakocevic, Tom

Humber River—Black Creek

Saunderson, Brian

Simcoe—Grey

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Smith, David

Scarborough Centre

Smith, Laura

Thornhill

West, Jamie

Sudbury

November 16, 2023

Debated

November 21, 2023

Principal Debaters

Bell, Jessica

University—Rosedale

Fraser, John

Ottawa South

Oosterhoff, Sam

Niagara West

Questions and Responses

Bouma, Will

Brantford—Brant

Burch, Jeff

Niagara Centre

Leardi, Anthony

Essex

Sattler, Peggy

London West

Vaugeois, Lise

Thunder Bay—Superior North

Closure carried

Carried

Royal Assent

December 4, 2023

Royal Assent received