p42 s1 bill 245 b245 e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 70 ELIZABETH II, 2021 Bill 245

An Act to amend and repeal various statutes, to revoke various regulations and to enact the Ontario Land Tribunal Act, 2021 The Hon. D. Downey Attorney General Government Bill 1st Reading February 16, 2021 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE

SCHEDULE 1 BARRISTERS ACT

Section 1 of the Barristers Act, which provides that a current or former Minister of Justice and Attorney General of Canada or Solicitor General of Canada is entitled to be called to the bar and practise law in Ontario, is amended to add reference to a current or former Attorney General for Ontario and to remove the reference to the Solicitor General of Canada.

SCHEDULE 2 CHILDREN’S LAW REFORM ACT The

Schedule amends subsection 51 (1.1) of the Children’s Law Reform Act to remove the default maximum of $10,000 for the total of the amount of money payable and the value of personal property deliverable under subsection 51 (1) of the Act (payment of debt due to child if no guardian). Any applicable maximum total would be set out by regulations made under the Act. In addition, subsection 51 (2) of the Act is re-enacted to provide that money payable under a judgment or order of a court, or on an intestacy, is subje ct to subsection 51 (1) of the Act; currently money payable under a judgment or order of a court is expressly excluded from the application of that subsection.

SCHEDULE 3 COURTS OF JUSTICE ACT The

Schedule amends the Courts of Justice Act and makes consequ ential and related amendments to other Acts. The major elements are set out below. The

Schedule changes the title of a case management master to that of an associate judge. The

Schedule amends the Act with respect to the composition and functions of the Judicial Appointments Advisory Committee. The lawyer members of the Committee will now be appointed by the Attorney General from among lists provided by the Law Society of Ontario, the Ontario Bar Association and the Federation of Ontario Law Associations. C ertain records and other information collected, prepared, maintained or used by the Committee are to be kept in confidence. The amendment to

section 42 of the Act requires the Attorney General to keep information in relation to the appointment or consideration of an individual as a provincial judge confidential. The Committee is required to include statistics about the sex, gender, race and other characteristics of all candidates who volunteer that information in its annual report. The functions of the Committee are amended. Currently, the Committee advertises judicial vacancies and recommends at least two candidates for the vacancy.

The amendments will require the Committee to advertise a vacancy and provide the Attorney General with a ranked list of at lea st six recommended candidates, with brief supporting reasons. T he Attorney General can only recommend one of these recommended candidates to the Lieutenant Governor in Council to fill the judicial vacancy. If the Committee provided a recommendation for a similar judicial vacancy within the previous 12 months , the Committee shall not advertise the new judicial vacancy and shall instead prepare its recommendation from among the candidates for the previous vacancy.

The Attorney General retains the power to reject the Committee’s recommendations and require a fresh list to be prepared. The new list must consist of six or more candidates whom the Committee recommends from among the remaining candidates for the judicial vacancy. The Attorney General may recommend criteria to be included in the criteria the Committee establishes for the advertising, review and evaluation process. The

Schedule re-enacts

section 112 of the Act to enable the Children’s Lawyer to make investigations and prepare rep orts for the court on certain matters specified by the court or to meet with the child and prepare reports for the court on their views and preferences in proceedings under the Divorce Act (Canada) or the Children’s Law Reform Act. The

Schedule re-enacts

section 126 of the Act, which deals with the use of French in court proceedings. The right to file documents in French is extended to all courts throughout Ontario, instead of being limited to some courts and some areas of Ontario. The right to request a translation of a court decision in a bilingual proceeding will no longer depend on what language the party speaks. Consequential and related amendments are made to several other Acts. Subsection 2 (3) of the Public Service of Ontario Act, 2006 is amended to make express reference to appointed officials who are not public servants.

SCHEDULE 4 CROWN ADMINISTRATION OF ESTATES ACT The

Schedule amends

section 2.1 of the Crown Administration of Estates Act to require municipal police disclosure of information related to an estate to the Public Guardian and Trustee on request.

Section 2.2 of the Act, which provides for

section 2.1 of the Act to override other Acts and regulations in the event of a conflict, is re -enacted in order to add express reference to the Municipal Freedom of Information and Protection of Privacy Act as

an Act that may be overridden.

ii

SCHEDULE 5 EXPROPRIATIONS ACT The

Schedule amends the Expropriations Act to add a new

section 8.1, which permits the Lieutenant Governor in Council to make regulations to establish, for any or all proposed expropriations, a process for owners to provide comments respecting a proposed expropriation to the approving authority, and for the approving authority to consider those comments and make a determination respecting the proposed expropriation . This process would apply instead of the hearing process provided for under

section 7 of the Act. Complementary amendments are made to other provisions of the Act, as well as to other Acts, to reflect the alternative process. The

Schedule also amends

section 33 of the Act to provide for annual rates of interest specified in that

section to be determined by regulations made under the Act.

SCHEDULE 6 ONTARIO LAND TRIBUNAL ACT, 2021 The

Schedule enacts the Ontario Land Tribunal Act, 2021. The new Act amalgamates the board of negotiation continued under the Expropriations Act , the Con servation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal , and continues them as the Ontario Land Tribunal . The Act provides for the composition of the Ontario Land Tribunal, sets out its jurisdiction and powers and specifies the practices and procedures tha t apply with respect to proceedings before it.

The Consolidated Hearings Act is repealed, and consolidated hearings provided for under the new Act (section 21). Regulation -making authority is given to the Attorney General to provide for transitional matters. The Act makes numerous complementary repeals, revocations and amendments: 1. The Acts and provisions that establish the bodies that are amalgamated and continued as the Ontario Land Tribunal are repealed. Regulations made under those Acts and provisions are revoked. 2.

The City of Toronto Act, 2006 and the Municipal Act, 2001 are amended to incorporate the substance of the provisions of the Local Planning Appeal Tribunal Act, 2017 respecting the jurisdiction of the Ontario Land Tribunal over municipal matters and public utilities. 3. The Ontario Northland Transportation Commission Act is amended to incorporate the substance of the provisions of the Local Planning Appeal Tribunal Act, 2017 respecting the jurisdiction of the Ontario Land Tribunal over railways. 4.

The Expropriations Act is amended to eliminate the appointment of the chief inquiry officer and other inquiry officers, and to provide for hearings under

section 7 of that Act to proceed before the Ontario Land Tribunal. 5. Various Acts are amended to replace references to an amalgamated body with refer ences to the Ontario Land Tribunal. 6. Various Acts are amended to replace outdated references to the Ontario Municipal Board with references to the Ontario Land Tribunal.

SCHEDULE 7 PUBLIC ACCOUNTING ACT, 2004 The

Schedule amends the Public Accounting Act, 2004 to dissolve The Public Accountants Council for the Province of Ontario, which currently governs public accounting under the Act, and to transfer the governance of public accounting in Ontario to the Chartered Professional Accountants of Ontario (CPA Ontario). In governing public accounting, CPA Ontario must adhere to public accounting standards that it establishes for itself, subject to the approval of the Attorney General, under

section 19 of the Act. The amendments expressly provide that licensed public accountants must be members of CPA Ontario, and provide authority for CPA Ontario to regulate public accounting and govern its members as public accountants largely through by-laws and other instruments made by its council under the Chartered Professional Accountants of Ontario Act, 2017 . That Act is amended to reflect CPA Ontario’s governance role under the Public Accounting Act, 2004.

SCHEDULE 8 SUBSTITUTE DECISIONS ACT, 1992 The

Schedule amends the Substitute Decisions Act, 1992 to provide for the remote witnessing of powers of attorney through the means of audio-visual communication technology for powers of attorney entered into on or after April 7, 2020. The

Schedule also amends sections 83 and 90 of the Act, respecting the Public Guardian and Tr ustee’s entitlement to have access to records relating to a person who is alleged to be incapable in the context of an investigation required under the A ct, in order to provide for access to records in the custody or control of an entity or class of entiti es prescribed by the regulations made under the Act.

SCHEDULE 9 SUCCESSION LAW REFORM ACT The

Schedule makes various amendments to the Succession Law Reform Act, including the following:

iii 1. The Act is amended to provide for the remote witnessing of wills through the means of audio -visual communication technology for wills made on and after April 7, 2020.

Section 16 of the Act, which provides that a will is revoked by the marriage of the testator except in specified circumstances, is repealed.

Section 17 of the Act provides that if the marriage of the testator and the testator’s spouse is terminated or declared a nullity, the testator’s will shall be construed as if the former spouse had predeceased the testator. The

section is amended to add other specified instances of spousal separation between married spouses that would have the same result , but as of the testator’s death. 4. A new

section 21.1 is added to give the Superior Court of Justice authority to, on application, make an order valida ting a document or writing that was not properly executed or made under the Act, if the Court is satisfied that the document or writing sets out the testamentary intentions of a deceased or an intention of a deceased to revoke, alter or revive a will of the deceased. 5. A new

section 43.1 is added to provide that the spousal entitlements under

Part II of the Act if a person dies intestate in respect of any or all property do not apply if the person and the spouse are separated, as determined under the sect ion, at the time of the person’s death. A complementary amendment is made to

section 6 of the Family Law Act.

SCHEDULE 10 AMENDMENTS RESPECTING APPEALS TO A MINISTER The

Schedule amends the Environmental Protection Act , the Mining Act, the Nutrient Management Act, 2002 , the Ontario Water Resources Act , the Pesticides Act, the Safe Drinking Water Act, 2002 and the Toxics Reduction Act, 2009 to remove provisions that permit specified matters to be appealed to a minister of the Government of Ontario, and to provide for regulation- making authority in each case to address any transitional matters that may arise as a result. A consequential amendment is made to the Resource Recovery and Circular Economy Act, 2016.

SCHEDULE 11 PARENTAGE TERMINOLOGY IN FRENCH VERSIONS OF ACTS The

Schedule makes various changes to French -language terminology in a number of statutes. Notably, references to “père” and “mère” are replaced with “parent”.

Bill 245 2021

An Act to amend and repeal various statutes, to revoke various regulations and to enact the Ontario Land Tribunal Act, 2021 CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Barristers Act

Schedule 2 Children’s Law Reform Act

Schedule 3 Courts of Justice Act

Schedule 4 Crown Administration of Estates Act

Schedule 5 Expropriations Act

Schedule 6 Ontario Land Tribunal Act, 2021

Schedule 7 Public Accounting Act, 2004

Schedule 8 Substitute Decisions Act, 1992

Schedule 9 Succession Law Reform Act

Schedule 10 Amendments Respecting Appeals to a Minister

Schedule 11 Parentage Terminology in French Versions of Acts Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Li eutenant 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 Accelerating Access to Justice Act, 2021.

SCHEDULE 1 BARRISTERS ACT 1

Section 1 of the Barristers Act is amended by striking out “A person who is or has been Minister of Justice and Attorney General of Canada or Solicitor General of Canada ” at the beginning and substituting “ A person who is or has been Attorney General for Ontario or Minister of Justice and Attorney General of Canada”. Commencement 2 This

Schedule comes into force on the day the Accelerating Access to Justice Act, 2021 receives Royal Assent.

SCHEDULE 2 CHILDREN’S LAW REFORM ACT 1 (1) Subsection 51 (1.1) of the Children’s Law Reform Act is amended by striking out “or, if no amount is prescribed, $10,000” at the end. (2) Subsection 51 (2) of the Act is repealed and the following substituted: Included amounts (2) Subsection (1) includes money payable on an intestacy or under a judgment or order of a court. Commencement 2 This

Schedule comes into force on the day the Accelerating Access to Justice Act, 2021 receives Royal Assent.

SCHEDULE 3 COURTS OF JUSTICE ACT 1

Section 1 of the Courts of Justice Act is amended by adding the following subsection:

Interpretation, judge not to include associate judge

(1.1) A reference made to a judge under this Act does not include a reference to an associate judge. 2 (1) Clause 19 (1) (

c) of the Act is amended by striking out “a master or case management master” and substituting “a master, case management master or associate judge”. (2) Clause 19 (1) (

c) of the Act, as amended by subsection (1), is amended by striki ng out “a master, case management master or associate judge” and substituting “an associate judge”. 3

Section 42 of the Act is amended by adding the following subsections: Information to be maintained in confidence

(11) Any records or other information co llected, prepared, maintained or used by the Attorney General in relation to the appointment or consideration of an individual as a provincial judge, including any such records or other information provided to the Attorney General by the Judicial Appointments Advisory Committee, shall be maintained in confidence and shall not be disclosed except as authorized by the Attorney General. Prevails over FIPPA (12) Subsection (11) prevails over the Freedom of Information and Protection of Privacy Act. 4

Section 43 of the Act is repealed and the following substituted: Judicial Appointments Advisory Committee 43

(1) The committee known as the Judicial Appointments Advisory Committee in English and Comité consultatif sur les nominations à la magistrature in French is continued. Composition

(2) The Committee is composed of, (

a) two provincial judges, appointed by the Chief Justice of the Ontario Court of Justice; (

b) three lawyers appointed by the Attorney General, one appointed from a list of three names submitted by the Law Society of Ontario, one appointed from a list of three names submitted by the Ontario Bar Association and one appointed from a list of three names submitted by the Federation of Ontario Law Associations; (

c) seven persons who are neither judges nor lawyers, appointed by the Attorney General; and (

d) a member of the Judicial Council, appointed by it. Criteria

(3) In the appointment of members under clauses (2) (

b) and (c), the importance of reflecting, in the composition of the Committee as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized. Term of office

(4) The members hold office for three-year terms and may be reappointed. Chair

(5) The Attorney General shall designate one of the members to chair the Committee for a term of up to three years. Term of office

(6) The same person may serve as chair for two or more terms. Meetings

(7) The Committee may hold its meetings and conduct intervie ws in person or through electronic means, including telephone conferencing and video conferencing. Annual report

(8) The Committee shall prepare an annual report, provide it to the Attorney General and make it available to the public. Same

(9) The annual report must include,

5 (

a) statistics about the sex, gender, gender identity, sexual orientation, race, ethnicity, cultural identity, disability status and ability to speak French of candidates who volunteer that information, including whether the candidat es identify as Indigenous or as a member of a Francophone community, at each stage of the process, as specified by the Attorney General; and (

b) such other content as the Attorney General may require. Tabling of annual report

(10) The Attorney General shall table the Committee’s annual report in the Assembly. Information to be maintained in confidence

(11) Any records or other information collected, prepared, maintained or used by the Committee in relation to the consideration of an individual for appoin tment as a provincial judge shall be maintained in confidence and shall not be disclosed except as authorized by the chair of the Committee. Personal liability

(12) No action or other proceeding for damages shall be instituted against any member or former member of the Committee for any act done in good faith in the execution or intended execution of any power or duty that he or she has or had as a member of the Committee, or for any neglect or default in the exercise or performance in good faith of such p ower or duty. Crown liability (13) Subsection (12) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019 , relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (12) to which it would otherwise be subject. Transition

(14) Despite subsection (2), the appointment of every person who was a member of the Judicial Appointments Advisory Committee on the day before the day

section 4 of

Schedule 3 to the Accelerating Access to Justice Act, 2021 came into force is continued. Judicial Appointments Advisory Committee Functions 43.1

(1) The functions of the Judicial Appointments Advisory Committee are to, (

a) recommend candidates to the Attorney General for the appointment of provincial judges; and (

b) provide advice to the Attorney General respecting the process for appointing provincial judges in accordance with this Act. Manner of operating

(2) The Committee shall perform its functions in the following manner: 1. When a judicial vacancy occurs and the Attorney General asks the Committee to make a recommendation, it shall, subject to paragraph 2, advertise the vacancy and solicit applications. 2.

If the Committee provided a recommendation for a judicial vacancy for the same court location that matches the requirements of the current judicial vacancy within 12 months before the day the Attorney General asked for a recommendation for the current judicial vacancy, it shall not advertise the current judicial vacancy and shall instead provide to the Attorney General a ranked list of candidates whom it recommends, with brief supporting reasons, consisting of, i. all of the candidates for the previous judicial vacancy who were recommended by the Committee for that vacancy, who confirm their interest in being considered for the current judicial vacancy and who continue to meet the Committee’s criteria for recommendation, and ii. if subparagraph i results in a list of fewer than six candidates, a remaining number of candidates from among those candidates for the previous judicial vacancy that were not recommended for that vacancy but who meet the Committee’s criteria for recommendation and who confirm their interest in being considered for the current judicial vacancy. 3.

If the Committee advertises a judicial vacancy, it shall review and evaluate all applications received in response to the advertisement. 4. It may interview any of the candidates in conducting its review and evaluation. 5. It shall conduct the advertising, review and evaluation process in accordance with the criteria it establishes, which must, at minimum, provide for an assessment that,

6 i. assesses the candidates’ professional excellence, community awareness and personal characteristics, and ii. recognizes the desirability of reflecting the diversity of Ontario society in judicial appointments. 6. It shall make the criteria it established under paragraph 5 available to the public. 7. For every judicial vacancy advertised by the Committee, it shall provi de the Attorney General a ranked list of at least six candidates whom it recommends, with brief supporting reasons. Qualifications

(3) The Committee shall not consider an application by a candidate, (

a) who does not meet the qualifications set out in subsection 42 (2); or (

b) who is or was a member of the Committee within the previous three years. Information to be provided to Attorney General on request

(4) The Committee shall provide the Attorney General with any information about the application, rev iew and evaluation process that the Attorney General requests, other than, (

a) the names or identifying information of candidates who were not recommended for a judicial vacancy; (

b) the names or identifying information of candidates who are being assessed for a judicial vacancy that has been advertised but for which the Committee has not yet made a recommendation; and (

c) information collected or prepared by the Committee through a discreet inquiry. Meaning of discreet inquiry

(5) For the purposes of c lause (4) (c), a discreet inquiry is a confidential inquiry conducted by the Committee into the views or opinions of individuals with knowledge of a candidate’s suitability for appointment. Recommendation of criteria

(6) The Attorney General may recommend criteria to be included in the criteria the Committee establishes under paragraph 5 of subsection (2), and the Committee shall consider whether to include those criteria in the criteria it has established. Rejection of ranked list

(7) The Attorney General may reject a ranked list of recommended candidates provided under paragraph 2 or 7 of subsection (2), or under this subsection, and require the Committee to produce a new ranked list of at least six candidates whom the Committee recommends from among the remaining candidates for the judicial vacancy, with brief supporting reasons. Insufficient recommendable candidates

(8) If there are not enough candidates for the Committee to recommend at least six candidates who meet the Committee’s criteria for recommendation in a ranked list described in paragraph 2 or 7 of subsection (2) or in subsection (7), the Committee shall, (

a) if there is at least one candidate who meets the criteria for recommendation, (

i) include in the ranked list as many candidates as possible who meet the Committee’s criteria for recommendation, and (ii) provide the Attorney General with an explanation as to why six candidates have not been recommended; or (

b) if no candidates meet the criteria for recomm endation, begin a new process to advertise the judicial vacancy and solicit applications in accordance with paragraphs 3 to 7 of subsection (2). Recommendation by Attorney General

(9) The Attorney General shall only recommend a candidate who is in a ranke d list provided under paragraph 2 or 7 of subsection (2) or under subsection (7) to the Lieutenant Governor in Council for appointment to fill a judicial vacancy. Transition

(10) Despite this section, subsections 43 (8) to (12) of this Act, as they read immediately before the day

section 4 of

Schedule 3 to the Accelerating Access to Justice Act, 2021 came into force, continue to apply to any judicial vacancy that was advertised by the Committee before that day. 5 Clause 53 (1) (

b) of the Act is amended by striking out “case management masters” and substituting “associate judges”. 6 Clause 66 (2) (

h) of the Act is amended by striking out “case management masters, including the conferral on case management masters” and substituting “associate judges, including the conferral on associate judges”.

7 7 Subsection 75 (2) of the Act is amended by striking out “case management masters” at the end and substituting “associate judges”. 8 Subsection 76 (2) of the Act is amended by striking out “case management master” and substituting “associate judge”. 9 Paragraph 3 of

section 82 of the Act is repealed and the following substituted: 3. Associate judges. 10

Section 86 of the Act is amended by adding the following subsection: Associate judge

(3) Every associate judge of t he Court of Ontario may be addressed as “Your Honour” or “Associate Justice (naming the associate judge)” in English or as “Votre Honneur” or “(M. ou Mme) le/la Juge associé(e) (nom du juge associé)” in French. 11

(1) Subsection 86.1 (1) of the Act is amended by striking out “case management masters” and substituting “associate judges”.

(2) Subsection 86.1 (2) of the Act is amended by striking out “a case management master” and substituting “an associate judge”.

(3) Subsection 86.1 (3) of the Act, as re -enacted by subsection 6 (1) of

Schedule 5 to the Smarter and Stronger Justice Act, 2020, is amended by striking out “case management master” and substituting “associate judge”.

(4) Subsection 86.1 (4) of the Act, as r e-enacted by subsection 6 (1) of

Schedule 5 to the Smarter and Stronger Justice Act, 2020, is amended by, (

a) striking out “a case management master” and substituting “an associate judge”; and (

b) striking out “the case management master” and substituting “the associate judge”.

(5) Subsection 86.1 (5.2) of the Act is amended by, (

a) striking out “a case management master” and substituting “an associate judge”; and (

b) striking out “the case management master” at the end and substituting “the associate judge”.

(6) Subsection 86.1 (5.3) of the Act is amended by striking out “case management master” and substituting “associate judge”.

(7) Subsection 86.1 (5.4) of the Act, as re-enacted by subsection 6 (3) of

Schedule 5 to the Smarter and Stronger Justice Act, 2020, is amended by striking out “a case management master” and substituting “an associate judge”.

(8) Subsection 86.1 (6) of the Act, as re -enacted by subsection 6 (4) of

Schedule 5 to the Smarter and Stronger Justice Act, 2020, is amend ed by striking out “A case management master” at the beginning and substituting “An associate judge”.

(9) Subsection 86.1 (7) of the Act is amended by striking out “case management masters” in the portion before paragraph 1 and substituting “associate judges”.

(10) Subsection 86.1 (9) of the Act is amended by striking out “case management masters” at the end and substituting “associate judges”. 12

(1) Subsection 86.2 (1) of the Act is amended by striking out “a case management master” and substituting “a n associate judge”.

(2) Subsection 86.2 (3) of the Act is amended by striking out “case management master” and substituting “associate judge”.

(3) Subsection 86.2 (5) of the Act is amended by striking out “a case management master” and substituting “an associate judge”.

(4) Subsection 86.2 (6) of the Act is amended by striking out “case management master” and substituting “associate judge”.

(5) Subsection 86.2 (8) of the Act is amended by striking out “case management master’s” in the portion before clause (

a) and substituting “associate judge’s”.

(6) Clauses 86.2 (8) (

a) to (

c) of the Act are amended by striking out “case management master” wherever it appears and substituting in each case “associate judge”.

(7) Clause 86.2 (8) (

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

d) order that the associate judge take specified measures, such as receiving education or treatment, as a condition of continuing to sit as an associate judge;

(8) Clauses 86.2 (8) (

e) to (

g) of the Act are a mended by striking out “case management master” wherever it appears and substituting in each case “associate judge”.

(9) Subsections 86.2 (9.1), (9.2), (10), (11), (12), (12.1), (12.2), (12.3), (12.5), (14), (18) and (19) of the Act are amended by striking out “case management master” wherever it appears and substituting in each case “associate judge”. 13 Subsection 95 (2) of the Act is amended by striking out “subsection 126 (5) (language of proceedings)” and substituting “paragraph 2 of subsection 126 (1) (documents that may be written in French)”. 14

Section 112 of the Act is repealed and the following substituted: Report of Children’s Lawyer Investigation 112

(1) In a proceeding under the Divorce Act (Canada) or the Children’s Law Reform Act in which a question concerning decision-making responsibility, parenting time or contact with respect to a child is before the court, the Children’s Lawyer may, (

a) cause an investigation to be made on all matters concerning decision -making responsibility, parentin g time or contact with respect to the child; (

b) cause an investigation to be made on matters specified by the court related to decision -making responsibility, parenting time or contact with respect to the child; or (

c) meet with the child to determine the child’s views and preferences with respect to matters that may include decision - making responsibility, parenting time or contact. Report

(2) The Children’s Lawyer may report and make recommendations to the court on the results of an investig ation or meeting conducted under subsection (1). Authority to act

(3) The Children’s Lawyer may act under subsection (1) or (2) on his or her own initiative, at the request of a court or at the request of any person. Affidavit

(4) The person who prepares a report under subsection (2) shall execute an affidavit verifying the facts in the report that are within the person’s knowledge and setting out the source of the person’s information and belief respecting facts that are not within their knowledge. Service

(5) The person who prepares a report under subsection (2) shall serve the affidavit, along with a copy of the report attached as an exhibit, on the parties and file the affidavit and report with the court. Evidence

(6) The filed affidavit and report shall form part of the evidence at the hearing of the proceeding. Attendance on report

(7) Where a party to the proceeding disputes the facts set out in the report, the Children’s Lawyer shall if directed by the court, and may when not so directed, attend the hearing on behalf of the child and cause the person who conducted the investigation or meeting under subsection (1) to attend as a witness. 15 Subsection 123 (1.1) of the Act is amended by striking out “case management masters” at the end and s ubstituting “associate judges”. 16

Section 126 of the Act is repealed and the following substituted: Use of French Documents that may be written in French 126

(1) The following documents may be written in French: 1. Pleadings or other documents filed by a party. 2. A process issued in or giving rise to the proceeding. Translation of documents

(2) On a party’s request, the court shall provide a translation into English or French of a document described in paragraph 1 or 2 of subsection (1) that is written in the other language.

Interpretation

(3) If a party acting in person makes submissions in French or a witness gives oral evidence in French, the court shall provide

interpretation of the submissions or evidence into English. This subsection does not apply to a hearing in a bilingual proceeding to which paragraph 3 of subsection (4) applies. Bilingual proceedings

(4) A party to a proceeding who speaks French has the right to require that it be conducted as a bilingual proceeding , and the following rules apply if the party does so: 1. The hearings that the party specifies shall be presided over by a judge or officer who speaks English and French. 2. If a hearing that the party has specified is held before a judge and jury in an a rea described in subsection (5), the jury shall consist of persons who speak English and French. 3.

If a hearing that the party has specified is held without a jury, or with a jury in an area described in subsection (5), evidence given and submissions mad e in English or French shall be received, recorded and transcribed in the language in which they are given. 4. Any other part of the hearing may be conducted in French if, in the opinion of the presiding judge or officer, it can be so conducted. 5. Oral evidence given in English or French at an examination out of court shall be received, recorded and transcribed in the language in which it is given. 6.

On the request of a party, if the party or their counsel speaks English or French but not both, the cou rt shall provide

interpretation of anything given orally in the other language at hearings referred to in paragraph 3 and at examinations out of court. 7. The reasons for a decision may be written in English or French , but the court shall provide a transl ation into the other language on the request of a party. Bilingual juries

(5) The areas referred to in paragraphs 2 and 3 of subsection (4) are the following: 1. Counties: i. Essex. ii. Middlesex. iii. Prescott and Russell. iv. Renfrew. v. Simcoe. vi. Stormont, Dundas and Glengarry. 2. Territorial districts: i. Algoma. ii. Cochrane. iii. Kenora. iv. Nipissing. v. Sudbury. vi. Thunder Bay. vii. Timiskaming. 3. The area of the County of Welland as it existed on December 31, 1969. 4. The Municipality of Chatham Kent. 5. The City of Hamilton. 6. The City of Ottawa. 7. The Regional Municipality of Peel. 8. The City of Greater Sudbury. 9. The City of Toronto.

10 10. Such other areas as are prescribed. Prosecutions

(6) If a prosecution under the Provincial Offences Act is to be conducted as a bilingual proceeding by a prosecutor referred to in paragraph 1 or 2 of the definition of “prosecutor” in subsection 1 (1) of that Act or an agent acting on behalf of that pe rson, the prosecutor assigned to the case must speak English and French. Appeals

(7) When an appeal is taken in a proceeding that is being conducted as a bilingual proceeding, a party who speaks French has the right to require that the appeal be heard by a judge or judges who speak English and French; in that case subsection (4) applies to the appeal, with necessary modifications. Parties who are not natural persons

(8) A corporation, partnership or sole proprietorship may exercise the rights conferred by this s ection in the same way as a natural person, unless the court orders otherwise. Regulations

(9) The Lieutenant Governor in Council may make regulations, (

a) prescribing procedures for the purpose of this section; (

b) prescribing areas for the purpose of paragraph 10 of subsection (5). Transition

(10) This section, as it read immediately before

section 17 of

Schedule 3 to the Accelerating Access to Justice Act, 2021 came into force, continues to apply to proceedings commenced before the day that

section came into force. Absconding Debtors Act 17 Subsection 12 (1) of the Absconding Debtors Act is amended by striking out “case management master” and substituting “associate judge”. Administration of Justice Act 18 The Administration of Justice Act is amended by striking out “case management master” wherever it appears and substituting in each case “associate judge”. Assignments and Preferences Act 19 Subsection 37 (1) of the Assignments and Preferences Act is amended by striking out “a case management master” and substituting “an associate judge”. Construction Act 20

(1) Section 52 of the Construction Act is amended by striking out “case management master” and substituting “associate judge”.

(2) Section 58 of the Act is amended by striking out “ A case management master” or “a case management master” wherever they appear and substituting in each case “An associate judge” or “an associate judge” as the case may be. Evidence Act 21 Subsection 36 (1) of the Evidence Act is amended by striking out “case management masters” and substituting “associate judges”. Freedom of Information and Protection of Privacy Act 22 Subsection 65 (5.1) of the Freedom of Information and Protection of Privacy Act is amended by striking out “a case management master” in the portion before paragraph 1 and substituting “an associate judge”. Human Rights Code 23 (1) Clause 24 (1) (

f) of the Human Rig hts Code is amended by striking out “a case management master” at the beginning and substituting “an associate judge”. (2) Clause 24 (1) (

g) of the Act is amended by striking out “a case management master expires on the case management master” and substituting “an associate judge expires on the associate judge”. (3) Subsection 24 (4) of the Act is amended by striking out “case management master” and substituting “associate judge”. Law Society Act 24 Clause 31 (1) (

a) of the Law Society Act is amended by s triking out “case management master” and substituting “associate judge”.

11 Marriage Act 25 Paragraph 2 of subsection 24 (1) of the Marriage Act is amended by striking out “A case management master” at the beginning and substituting “An associate judge”. Protecting a Sustainable Public Sector for Future Generations Act, 2019 26

Section 7 of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 is amended by striking out “case management masters” at the end and substituting “associate judges”. Public Service of Ontario Act, 2006 27 (1) Subsection 2 (3) of the Public Service of Ontario Act, 2006 is amended by striking out “judges and officers of the Assembly” and substituting “judges, justices of the peace, case management masters, deputy judges, the Small Claims Court Administrative Judge and officers of the Assembly”. (2) Subsection 2 (3) of the Act, as amended by subsection (1), is amended by striking out “case management masters” and substituting “associate judges”. Commencement 28

(1) Subject to subsection (2), this

Schedule comes into force on the day the Accelerating Access to Justice Act, 2021 receives Royal Assent.

(2) Sections 1 , 2 and 5 to 26 and subsection 27 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 4 CROWN ADMINISTRATION OF ESTATES ACT 1

(1) Section 2.1 of the Crown Administration of Estates Act is amended by adding the following subsection: Municipal police, mandatory disclosure

(5.1) Every municipal police force shall disclose to the Public Guardian and Trustee information requested under subsection (1).

(2) Subsection 2.1 (5.1) of the Act, as enacted by subsection (1), is amended by striking out “municipal police force” and substituting “municipal police service”.

(3) Subsection 2.1 (6) of the Act is repealed and the following substituted: Others, optional disclosure

(6) A person who is not required under this

section to disclose to the Public Guardian and Trustee information requested under subsection (1) may disclose the information to the Public Guardian and Trustee. 2

Section 2.2 of the Act is repealed and the following substituted: Conflict 2.2

(1) Section 2.1 applies despite anything in the Freedom of Information and Protection of Privacy Act , the Municipal Freedom of Information and Protection of Privacy Act or any other Act or regulation. Same (2) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply when information is collected under

section 2.1. Commencement 3

(1) Subject to subsection (2), this

Schedule comes into force on the day the Accelerating Access to Justice Act, 2021 receives Royal Assent. (2) Subsection 1 (2) comes into force on the later of the day

section 1 of

Schedule 1 to the Comprehensive Ontario Police Services Act, 2019 comes into force and the day the Accelerating Access to Justice Act, 2021 receives Royal Assent.

SCHEDULE 5 EXPROPRIATIONS ACT 1 Subsection 6 (2) of the Expropriations Act is amended by striking out “Any owner” at the beginning and substituting “Subject to

section 8.1, any owner”. 2 The Act is amended by adding the following section: Alternative process re proposed expropriations 8.1

(1) The Lieutenant Governor in Council may make regulations, (

a) establishing and governing a process for owners to provide comments respecting a proposed expropriation to the approving authority, and for the approving authority to consider those comments and make a determination respecting the proposed expropriation; and (

b) providing that the process applies with respect to any or all expropriations to which this Act applies. No hearing under s. 7 (2) If a regulation made under this

section applies to a proposed expropriation, subsections 6 (2) to (5),

section 7 and subsections 8 (1) and (2) do not apply to the proposed expropriation. Regulations

(3) A regulation made under subsection (1) may, (

a) establish requirements that apply to a determination of an approving authority respecting a proposed expropriation, including requiring that, (

i) the approving authority give reasons for a determination, (ii) the reasons be served, and governing the service, and (iii) a determination be made, or reasons served, within a specified time; (

b) specify a date for the purposes of clause 10 (2) (a.1); (

c) provide for any transitional matters that the Lieutenant Governor in Council considers necessary or advisable in relation to the application of a regulation made under subsection (1); (

d) provide for any matter which, in the opinion of the Lieutenant Governor in Council, is necessary or advisable for the purposes of this section. 3 Subsection 10 (2) of the Act is amended by adding the following clause: (a.1) if a process prescribed by a regulation made under

section 8.1 applied to the expropriation, as of the date specified by the regulation for the purposes of this clause; 4 (1) Subsection 33 (1) of the Act is amended by striking out “at the rate of 6 per cent a year ” and substituting “at the prescribed annual rate”. (2) Subsection 33 (2) of the Act is amended by striking out “less than 6 per cent a year” and substituting “less than the rate prescribed for the purposes of subsection (1)”. (3) Subsection 33 (4) of the Act is amended by striking out “a rate exceeding 6 per cent a year but not exceeding 12 per cent a year” at the end and substituting “a rate that exceeds the rate pr escribed for the purposes of subsection (1) but not the rate prescribed for the purposes of this subsection”. 5 Clause 44 (

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

a) prescribing rates of interest for the purposes of sections 20 and 33, o r methods for determining them; Building Transit Faster Act, 2020 6 Subsection 44 (1) of the Building Transit Faster Act, 2020 is amended by striking out “section 7 and subsections 8 (1) and (2)” in the portion before clause (

a) and substituting “section 7 , subsections 8 (1) and (2) and

section 8.1”. Public Transportation and Highway Improvement Act 7 Subsection 11.1 (1) of the Public Transportation and Highway Improvement Act is amended by striking out “section 7 and subsections 8 (1) and (2)” and substituting “section 7, subsections 8 (1) and (2) and

section 8.1”. Transit-Oriented Communities Act, 2020 8 Subsection 3 (1) of the Transit-Oriented Communities Act, 2020 is amended by striking out “section 7 and subsections 8 (1) and (2)” in the portion before clause (

a) and substituting “section 7, subsections 8 (1) and (2) and

section 8.1”.

14 Commencement 9 This

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

SCHEDULE 6 ONTARIO LAND TRIBUNAL ACT, 2021 CONTENTS

PART I

INTERPRETATION 1.

Definitions

PART II CONSOLIDATED LAND TRIBUNAL COMPOSITION 2. Ontario Land Tribunal 3. Composition 4. Term of office 5. Quorum 6. Employees 7. Transition, Tribunal membership JURISDICTION AND POWERS 8. Exclusive jurisdiction 9. Orders 10. Power to order entry, inspections 11. Fees

PART III PROCEEDINGS GENERAL PRACTICES AND PROCEDURES 12. Practices and procedures 13. Rules 14. Manner of conduct 15. Case management conferences 16. Alternative dispute resolution 17. Limit on non-party participation 18. Witnesses and evidence 19. Dismissal without a hearing 20. Costs CONSOLIDATED HEARINGS 21. Consolidation of hearings REVIEW AND APPEAL 22. Decisions final 23. Review 24. Appeal

PART IV GENERAL 25. Protection from personal liability 26. Non-compellability 27. Use of meeting facility 28. Crown bound 29. Regulations

PART V REPEALS, REVOCATIONS AND OTHER AMENDMENTS 30. Aggregate Resources Act 31. Assessment Act 32. Building Transit Faster Act, 2020 33. Capital Investment Plan Act, 1993 34. City of Greater Sudbury Act, 1999 35. City of Hamilton Act, 1999 36. City of Ottawa Act, 1999 37. City of Toronto Act, 2006 38. Clean Water Act, 2006 39. Conservation Authorities Act 40. Consolidated Hearings Act 41. Development Charges Act, 1997 42. Drainage Act 43. Education Act 44. Environmental Assessment Act 45. Environmental Protection Act 46. Environmental Review Tribunal Act, 2000

16 47. Evidence Act 48. Expropriations Act 49. Funeral, Burial and Cremation Services Act, 2002 50. Great Lakes Protection Act, 2015 51. Greenbelt Act, 2005 52. Health Protection and Promotion Act 53. Housing Development Act 54. Housing Services Act, 2011 55. Lake Simcoe Protection Act, 2008 56. Law Society Act 57. Legislation Act, 2006 58. Legislative Assembly Act 59. Local Planning Appeal Tribunal Act, 2017 60. Long-Term Care Homes Act, 2007 61. Metrolinx Act, 2006 62. Mining Act 63. Ministry of Natural Resources Act 64. Municipal Act, 2001 65. Municipal Affairs Act 66. Municipal Arbitrations Act 67.

Municipal Corporations Quieting Orders Act 68. Municipal Elections Act, 1996 69. Municipal Water and Sewage Transfer Act, 1997 70. Nutrient Management Act, 2002 71. Oak Ridges Moraine Conservation Act, 2001 72. Oil, Gas and Salt Resources Act 73. Ontario Energy Board Act, 1998 74. Ontario Heritage Act 75. Ontario Northland Transportation Commission Act 76. Ontario Planning and Development Act, 1994 77. Ontario Water Resources Act 78. Pesticides Act 79. Places to Grow Act, 2005 80. Planning Act 81. Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 82. Public Service Works on Highways Act 83.

Public Transportation and Highway Improvement Act 84. Public Utilities Act 85. Registry Act 86. Resource Recovery and Circular Economy Act, 2016 87. Retail Business Holidays Act 88. Safe Drinking Water Act, 2002 89. Shortline Railways Act, 1995 90. SkyDome Act (Bus Parking), 2002 91. Statutory Powers Procedure Act 92. St. Lawrence Parks Commission Act 93. Toronto District Heating Corporation Act, 1998 94. Town of Haldimand Act, 1999 95. Town of Moosonee Act, 2000 96. Town of Norfolk Act, 1999 97. Toxics Reduction Act, 2009 98. Trustee Act 99. Waste Diversion Transition Act, 2016

PART VI COMMENCEMENT AND

SHORT TITLE 100. Commencement 101.

Short title

PART I

INTERPRETATION

Definitions 1 In this Act,

17 “Minister” means the Attorney General or such other member of the Executive Council to whom the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”) “predecessor adjudicative tribunal” means the board of negotiation, the Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal or the Mining and Lands Tribunal , as the case may be, before their amalgamation under

section 2; (“tribunal décisionnel prédécesseur”) “regulations” means the regulations made under this Act; (“règlements”) “rules” means the rules made by the Tribunal under

section 13; (“règles”) “transition date” means the day on which

section 2 comes into force; (“date de transition”) “Tribunal” means the Ontario Land Tribunal established under

section 2. (“Tribunal”)

PART II CONSOLIDATED LAND TRIBUNAL COMPOSITION Ontario Land Tribunal 2 The board of negotiation continued under the Expropriations Act, the Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal in English and Tribunal ontarien de l’aménagement du territoire in French. Composition 3

(1) The Tribunal shall be composed of the members appointed by the Lieutenant Governor in Council. Chair, vice-chair

(2) The Lieutenant Governor in Council shall designate a chair and one or more vice -chairs from among the members of the Tribunal. Alternate chair

(3) The Lieutenant Governor in Council shall designate a vice-chair of the Tribunal to be the alternate chair. Same

(4) If the chair is unable to act, the alternate chair shall perform the duties of the chair and has all the powers of the chair for the purpose. Duties of chair

(5) The chair shall have general supervision and direction over the conduct of the affairs of the Tribunal, and shall, (

a) arrange the sittings of the Tribunal; and (

b) assign members of the Tribunal to preside over proceedings as necessary, ensuring that, if more than two members are assigned to a given proceeding, only an uneven number of members is assigned. Term of office 4

(1) The appointment of a member of the Tribunal shall be for a fixed term specified by the Lieutenant Governor in Council. Expiry of term

(2) If the term of office of a member of the Tribunal who has participated in a proceeding expires before the disposition of the proceeding, the term is deemed to continue for the purpose of disposing of the proceeding, bu t for no other purpose. Same

(3) If the term of office of a member of the Tribunal expires in circumstances prescribed by the regulations, other than those to which subsection (2) applies, the term is deemed to continue for the period and purposes specified by the regulations. Quorum 5 One member of the Tribunal constitutes a quorum and is sufficient for the exercise of all of the jurisdiction and powers of the Tribunal. Employees 6 Such employees as are necessary for the proper conduct of the affairs of t he Tribunal may be appointed under

Part III of the Public Service of Ontario Act, 2006.

18 Transition, Tribunal membership Existing members continue 7

(1) A person who was a member of a predecessor adjudicative tribunal immediately before the transition date continues as a member of the Tribunal until the day the person’s term of office as a member of the predecessor adjudicative tribunal would have expired, subject to the person’s earlier death, resignation or removal. Persons appointed under the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

(2) A person who, under the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 , held the office listed in Column 1 of the Table to this

section immediately before the transition date, continues in the office in the Tribunal listed in the corresponding row of Column 2 of the Table until the day the person’s term of office under the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 would have expired, subject to the person’s earlier death, resignation or removal. TABLE Item Column 1 Office held under the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 Column 2 Office held in the Tribunal 1. Executive chair responsible for the predecessor adjudicative tribunals Chair 2.

Associate chair of a predecessor adjudicative tribunal, other than the associate chair appointed as alternate executive chair Vice-chair 3. Associate chair appointed as alternate executive chair responsible for the predecessor adjudicative tribunals if the executive chair responsible for the predecessor adjudicative tribunals is unable to act or the position is vacant Alternate chair 4. Vice-chair of a predecessor adjudicative tribunal Vice-chair JURISDICTION AND POWERS Exclusive jurisdiction 8

(1) The Tribunal has exclusive jurisdiction in respect of all matters in which jurisdiction is conferred on it by this or any other Act. Same

(2) The Tribunal has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction, unless limited by this or any other Act. Orders 9

(1) The Tribunal has authority to make orders or give directions as may be necessary or incidental to the exercise of the powers conferred on the Tribunal under this or any other Act. Conditions

(2) The Tribunal may include in an order conditions that it considers fair in the circumstances, including a condition that the order comes into force at a future fixed time or on the performance of terms imposed by the Tribunal. Interim orders

(3) The Tribunal may make an interim order without notice if it is of the opinion that it is necessary to do so, but no such order shall be made for any longer time than the Tribunal may consider necessary to enable the disposition of the proceeding. Relief

(4) Unless another Act specifies otherwise, the Tribunal may, as it considers to be appropriate, (

a) make an order granting all or part of the relief applied for; or (

b) make an order granting relief that is additional to or different from the relief applied for. Extension of time

(5) If an order or decision of the Tribunal requires anything to be done within a specified time, the Tribunal may extend the specified time, (

a) on notice and with a hearing; or (

b) without notice or a hearing, if the Tribunal is of the opinion that it is necessary to do so.

19 Power to order entry, inspections 10

(1) If the Tribunal considers it necessary, the Tribunal may by order authorize a member or employee of the Tribunal to, at any reasonable time, enter and inspect any land or premises, other than a dwelling , for any purpose relevant to the subject matter of the proceeding, subject to subsection (4). Prior notice required

(2) Before making an order under subsection (1), the Tribunal shall give notice of its intention to make the order to the owner or occupier of the land or premises, in accordance with the rules. Submissions

(3) An owner or occupier who receives a notice under subsection (2) may make submissions to the Tribunal with respect to the proposed order, in accordance with the rules. Order

(4) The Tribunal shall not make an order under subsection (1) until it has given notice under subsection (2 ) and considered any submissions made under subsection (3). Exercise of powers

(5) The member or employee shall exercise their powers under an order made under subsection (1) in accordance with the directions of the Tribunal in the order, this

section and the rules. Identification

(6) The member or employee shall, on the request of an owner or occupier of the land or premises, identify themself and explain the purpose of the entry and inspection. No use of force

(7) The member or employee shall not use force to enter and inspect land or premises under the order. No entry without consent

(8) The member or employee shall not, despite the order, enter or inspect land or premises of an owner or occupier who is not a party to the proceeding without the owner or occupier’s consent. Fees 11

(1) The Tribunal may, subject to the approval of the Minister, set and charge fees, (

a) in respect of proceedings; (

b) for providing copies of forms, notices or other documents; and (

c) for other services provided by the Tribunal. Classes

(2) The Tribunal may set and charge different fees for different classes of persons and different types of proceedings. Publicly available

(3) The Tribunal shall ensure that its fee structure is available to the public. Fee waiver

(4) The Tribunal may waive all or any portion of its fees for individuals who are determined, in accordance with the rules, to be low-income individuals. Legislation Act, 2006

(5) Part III (Regulations) of the Legislation Act, 2006 does not apply to the fees.

PART III PROCEEDINGS GENERAL PRACTICES AND PROCEDURES Practices and procedures 12

(1) The Tribunal shall dispose of proceedings in accordance with any practices and procedures that are required under this or any other Act, subject to subsection (3).

20 Fair, just and expeditious resolution

(2) The Tribunal shall, in respect of each proceeding, adopt any practices and procedures provided for in the rules or that are otherwise available to the Tribunal that, in its opinion, offer the best oppo rtunity for a fair, just and expeditious resolution of the merits of the proceedings. Statutory Powers Procedure Act

(3) Despite

section 32 of the Statutory Powers Procedure Act, this Act, the regulations and the rules prevail over any provisions of that Act with which they conflict. Rules 13

(1) The Tribunal may make rules governing its practices and procedures, including rules that, (

a) provide for and require the use of hearings or of practices and procedures that are alternatives to traditional adjudicative or adversarial procedures; (

b) provide for specified circumstances in which participation in mediation or other dispute resolution processes by parties to a proceeding is mandatory; (

c) provide for and require notice to be provided in a particular manner; (

d) authorize the Tribunal to combine two or more proceedings or any part of them, or hear two or more proceedings at the same time; (

e) authorize the Tribunal to appoint a person from among a class of parties to a proceeding to represent the class where, in the opinion of the Tribunal, the parties have a common interest; or (

f) govern the making of orders under

section 10 and the exercise of powers under the orders. General or particular

(2) The rules may be general or particular in their application. Legislation Act, 2006

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to the rules. Application of rules

(4) Unless the Tribunal’s failure to comply with the rules, or its exercise of discretion under the rules in a particular manner, causes a substantial wrong that affects the final disposition of a proceeding, neither the failure nor the exercise of discretion is a ground for setting aside a decision of the Tribunal on an application for judicial review or an appeal.

Manner of conduct 14 The Tribunal may direct that a hearing or any other step in a proceeding, including a case management conference, any other pre-hearing conference or an alternative dispute resolution process, be conducted in person, electronically, in writing or by a combination of any of them, as the Tribunal considers appropriate. Case management conferences 15 The Tribunal may direct the parties to a proceeding to participate in a case management conference prior to a heari ng, for the following purposes: 1. To identify additional parties to the proceeding. 2.

To identify, define or narrow the issues raised in the proceeding. 3. To identify facts or evidence that may be agreed on by the parties. 4. To provide directions for disclosure of information. 5. To discuss opportunities for resolving one or more issues in the proceeding, including the possible use of mediation or other dispute resolution processes. 6. To establish dates by which any steps in the proceeding are to be taken or begun. 7. To determine the length and

schedule of a hearing, if any, and the manner of conducting it. 8. To determine the order of presentation of submissions. 9. To deal with any other matter that may assist in the fair, just and expeditio us resolution of the issues. Alternative dispute resolution 16 The Tribunal may, at any time before a hearing is completed, direct the parties to a proceeding to participate in mediation or another dispute resolution process for the purpose of resolving one or more issues in the proceeding.

21 Limit on non-party participation 17 Except as may be provided for under this or any other Act, a person who is not a party to a proceeding may make submissions to the Tribunal with respect to the proceeding in writing only. Witnesses and evidence 18

(1) At any stage of a proceeding, the Tribunal may, (

a) examine any of the following persons: (

i) a party to the proceeding, (ii) a witness in the proceeding, or (iii) a person who has made a submission to the Tribunal with respect to the proceeding, other than a party; (

b) require a party to the proceeding to produce evidence or a witness for examination by the Tribunal; or (

c) require a person referred to in subclause (a) (iii) to produce evidence for exami nation by the Tribunal. Disclosure to parties

(2) The Tribunal shall disclose any evidence it receives in a proceeding to the parties. Limits on examination

(3) The Tribunal may limit any examination or cross-examination of a witness, (

a) if the Tribunal is satisfied that all matters relevant to the issues in the proceeding have been fully or fairly disclosed; or (

b) in any other circumstances the Tribunal considers fair and appropriate. Dismissal without a hearing 19

(1) Subject to subsection (4), the Tribunal may, on the motion of any party or on its own initiative, dismiss a proceeding without a hearing, (

a) if the party who brought the proceeding has not paid any fee required to be paid under this Act; (

b) if the party who brought the proceeding has not responded to a request by the Tribunal for further information within the time specified by the Tribunal; (

c) if the Tribunal is of the opinion that the proceeding has no reasonable prospect of success; (

d) in any circumstance listed in subsection 4.6 (1) of the Statutory Powers Procedure Act; or (

e) in any circumstance provided for under any other Act. Notice

(2) The Tribunal shall give the parties notice of its intention to dismiss the proceeding, setting out the reasons for the dismissal and informing the parties of their right to make written submissions to the Tribunal with respect to the dismissal within the time specified in the notice. Submissions

(3) A party who receives a notice under subsection (2) may make written submi ssions to the Tribunal with respect to the dismissal within the time specified in the notice. Dismissal

(4) The Tribunal shall not dismiss a proceeding under subsection (1) until it has given notice under subsection (2) and considered any submissions made under subsection (3). Application

(5) For greater certainty, this

section applies instead of

section 4.6 of the Statutory Powers Procedure Act. Costs 20 The Tribunal may, subject to any other Act, fix the costs of and incidental to any proceeding, and or der a party to the proceeding to pay the costs, in accordance with the rules. CONSOLIDATED HEARINGS Consolidation of hearings 21

(1) In this section,

22 “administrative tribunal” means one or more persons, whether or not incorporated and however described, on whom a power, right or duty to hold a hearing is conferred under

an Act; (“tribunal administratif”) “consolidated hearing” means a hearing held by the Tribunal under clause (4) (a); (“ audience commune”) “municipality” includes a board, commission or othe r local authority exercising any power in respect of municipal affairs or purposes, including school purposes, in unorganized territory; (“municipalité”) “person” includes a municipality, the Crown, a Crown agency within the meaning of the Crown Agency Act, a public body, a partnership, an unincorporated joint venture and an unincorporated association; (“ personne”) “proponent” means a person who carries out or proposes to carry out or is the owner or person having charge, management or control of an undertaking; (“promoteur”) “undertaking” means an enterprise or activity, or a proposal, plan or program in respect of an enterprise or activity . (“entreprise”) Application

(2) Except as otherwise provided by the regulations, this

section applies in respect of an undertaking if one or more of the Acts prescribed by the regulations provides that more than one hearing is or may be required to be held by more than one administrative tribunal in relation to the undertaking. Notice

(3) The proponent of an unde rtaking to which this

section applies shall give notice of the undertaking to the Tribunal in accordance with the regulations. Effect of notice

(4) Except as otherwise provided by the regulations, if notice is given to the Tribunal in respect of an undertaking, (

a) all matters related to the undertaking that could be considered at a hearing with respect to which this

section applies shall be heard by the Tribunal; and (

b) no other person or body shall hold a hearing in respect of a matter referred to in clause (a). Decision

(5) The Tribunal may make any decision on a matter in a consolidated hearing that may be made by an administrative tribunal that has the power, right or duty to hold a hearing on the matter, or that may be made b y a person or body after the holding of the hearing, including the granting of any authority or directing the granting or issuing of a permit or licence and the imposition of terms and conditions. Effect of decision

(6) The Tribunal’s decision on a matter in a consolidated hearing stands for all purposes in place of any decision, order or action that is required or may be made or taken by an administrative tribunal that has a power, right or duty to hold a heari ng on the matter, or by any other person or body after the holding of the hearing. REVIEW AND APPEAL Decisions final 22 Except as provided for in sections 23 and 24, orders and decisions of the Tribunal are final and binding. Review 23 Unless another Act specifies otherwise, t he Tribunal may review, rescind or vary any order or decision made by it in accordance with the rules. Appeal 24

(1) Unless another Act specifies otherwise, an order or decision of the Tribunal may be appealed to the Divisional Court, with leave of that court on motion in accordance with subsection (3), but only on a question of law. Exception, consolidated hearings

(2) Despite subsection (1) or any other Act, there is no appeal from a decision of the Tribunal in a consolidated hearing under

section 21. Notice to Tribunal

(3) A person appealing an order or decision of the Tribunal shall give notice of the motion for leave to appeal to the Tribunal. Tribunal entitled to be heard

(4) The Tribunal is entitled to be heard on the argument of the appeal, including on the motion for leave to appeal.

23 No liability for costs

(5) Neither the Tribunal nor any member of the Tribunal is liable for any costs in connection with an appeal under this section.

PART IV GENERAL Protection from personal liability 25

(1) No action or other proceeding shall be commenced against a current or former member of the Tribunal or employee in the Tribunal for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, functions or duties under this Act or any other Act, or for any alleged neglect or default in the exercise or performance in good faith of their powers, functions or duties under this Act or any other Act. Crown liability

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019 , subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. Non-compellability 26 No member of or employee in the Tribunal shall be required to testify in any proceeding with regard to information obtained in the discharge of their duties as a member or employee.

Use of meeting facility 27 If the Tribunal directs that a hearing or any other step in a proceeding be conducted in a municipality in which there is an appropriate meeting facility belonging to the municipality, the municipality shall, on request, allow the hearing or other step to be conducted in the facility and shall make all necessary arrangements for the hearing or other step. Crown bound 28 This Act binds the Crown. Regulations Lieutenant Governor in Council 29

(1) The Lieutenant Governor in Council may make regulations, (

a) governing circumstances, periods and purposes for the purposes of subsection 4 (3); (

b) for the purposes of

section 21, (

i) prescribing Acts for the purposes of subsection 21 (2), (ii) exempting undertakings or hearings from the application of

section 21, and prescribing conditions that apply to any such exemption, (iii) governing notice under subsection 21 (3), including prescribing the form and contents of the notice, (iv) providing for and governing exemptions from subsection 21 (4), (

v) specifying the parties to a consolidated hearing, (vi) governing the practices and procedures of the Tribunal in a consolidated hearing. Minister

(2) The Minister may make regulations, (

a) governing the practices and procedures of the Tribunal, other than in relation to a consolidated hearing under

section 21; (

b) governing any transitional matters that may arise from the enactment of this Act or the repeal or amendment of any Act or revocation of any regulation by this Act with respect to proceedings before the Tribunal, including in relation to, (

i) proceedings before a predecessor adjudicative tribunal that were commenced but not finally disposed of before the transition date, (ii) matters referred for a hearing under

section 7 of the Expropriations Act before the transition date, or (iii) proceedings commenced before the Tribunal on or after the transition date; (

c) providing for the continued application of any provision of

an Act that is repealed or amended, or provision of a regulation that is revoked, b y this Act as that provision read immediately before the transition date, with such modifications as may be specified by the regulations.

24 Conflict

(3) In the event of a conflict between a regulation made under subclause (1) (b) (vi) or clause (2) (

a) and the rules, the regulation prevails to the extent of the conflict. Same

(4) In the event of a conflict between a regulation made under clause (2) (

b) or (

c) an d this Act or th e rules, the regulation prevails to the extent of the conflict. Transition, consolidated hearings

(5) For greater certainty, a regulation may be made under clause (2) (

b) respecting transitional matters in relation to consolidated hearings.

PART V REPEALS, REVOCATIONS AND OTHER AMENDMENTS Aggregate Resources Act 30

(1) The following provisions of the Aggregate Resources Act are amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Tribunal”: 1. Subsections 11 (5), (6), (7), (8), (9), (11), (12), (13), (14) and (15). 2. Subsections 12 (1), (1.1) and (2). 3. Subsections 13 (6), (7), (8), (9) and (10). 4. Subsection 13.1 (4). 5. Subsections 18 (5), (6), (7), (8) and (9). 6. Subsections 20 (4), (6), (7), (8) and (9).

(2) The following provisions of the Act are amended by striking out “Section 35 of the Local Planning Appeal Tribunal Act, 2017” wherever it appears and substituting in each case “Section 23 of the Ontario Land Tribunal Act, 2021”: 1. Subsection 11 (15). 2. Subsection 13 (10). 3. Subsection 18 (9). 4. Subsection 20 (9).

(3) The definition of “Tribunal” in subsection 1 (1) of the Act is repealed and the following substituted: “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) (4) Subsection 12 (1.2) of the Act is amended by striking out “t he day

section 2 of

Schedule 15 to the Better for People, Smarter for Business Act, 2019 comes into force” at the end and substituting “December 10, 2019”. Assessment Act 31 (1) Subsection 21 (3) of the Assessment Act is repealed and the following substituted: Appeal against by-law

(3) Any person complaining that the by-law does not exempt or does not sufficiently exempt the person or the person’s lands from taxation may, within 14 days after the mailing of the notice, notify the clerk of the municipality and the Ontario Land Tribunal of the person’s intention to appeal against the provisions of the by-law, or any of them, to the Ontario Land Tribunal, which has power to alter or vary any or all of the provisions of the by-law and to determine the matter of complaint in accordance with the spirit and intent of this section. (2) Subsection 21 (4) of the Act is amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”. (3) Subsection 22 (3) of the Act is amended by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”. (4) Subsection 22 (4) of the Act is amended by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”. (5) Subsection 23 (8) of the Act is amended, (

a) by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”; and (

b) by striking out “Board” and substituting “Tribunal”.

25 Building Transit Faster Act, 2020 32

(1) The following provisions of the Building Transit Faster Act, 2020 are amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”: 1. Subsection 42 (3). 2. Subsection 69 (3).

(2) The definition of “proponent” in

section 2 of the Act is repealed and the following substituted: “proponent” has the same meaning as in

section 21 of the Ontario Land Tribunal Act, 2021; (“promoteur”) Capital Investment Plan Act, 1993 33

Section 32 of the Capital Investment Plan Act, 1993 is amended by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”. City of Greater Sudbury Act, 1999 34 Subsections 11.6 (4), (5) and (6) of the City of Greater Sudbury Act, 1999 are amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”. City of Hamilton Act, 1999 35 Subsections 11.7 (4), (5) and (6) of the City of Hamilton Act, 1999 are amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”. City of Ottawa Act, 1999 36

(1) Subsections 12.13 (4), (5) and (6) of the City of Ottawa Act, 1999 are amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”.

(2) Subsections 12.14 (2), (3) and (4) of the Act are amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”. City of Toronto Act, 2006 37

(1) The following provisions of the City of Toronto Act, 2006 are amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”: 1. Subsection 9 (2). 2. Subsections 114 (5), (7), (15.2) and (16). 3. Subsections 115 (6), (10), (12), (14), (15), (18), (20), (21) and (21.2). 4. Subsection 285 (8). 5. Clause 397 (2) (b). 6. Subsection 453.1 (15). (2) Subsection 114 (8) of the Act is amended by striking out “The Local Planning Appeal Tribunal’s determination” at the beginning and substituting “The Ontario Land Tribunal’s determination”. (3) Subsections 114 (15) and (15.1) of the Act are amended by, (

a) striking out “to the Local Planning Appeal Tribunal” wherever it appears and subst ituting in each case “to the Ontario Land Tribunal”; and (

b) striking out “the fee charged under the Local Planning Appeal Tribunal Act, 2017 ” whe rever it appears and substituting in each case “the fee charged by the Tribunal”. (4) Subsection 115 (13) of the Act is amended by striking out “ The Local Planning Appeal Tribunal’s determination ” at the beginning and substituting “The Ontario Land Tribunal’s determination”. (5) Subsection 250 (2) of the Act is amended by striking out “

section 22 of the Local Planning Appeal Tribunal Act, 2017” in the portion before clause (

a) and substituting “section 432.0.9”. (6) Subsection 341 (1) of the Act is amended by striking out “ the Local Planning Appeal Tribunal may continue to exercise its powers under those sectio ns” and substituting “the powers of the Ontario Municipal Board under those sections may continue to be exercised by the Ontario Land Tribunal”.

(7) The Act is amended by adding the following Part:

PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS

Definitions 432.0.1 In this Part, “City” includes a local board; (“cité”) “local board” means a local board as defined in subsection 3 (1), except that it includes a school board; (“ conseil local”) “municipality” includes, (

a) a local board of a municipality other than the City, and (

b) a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in unorganized territory; (“municipalité”) “public utility” means, in addition to a public utility as defined in subsection 3 (1), (

a) a system that is used to provide, (

i) electric heat, light and power works, or (ii) any other service or thing that supplies the general public with necessaries or conveniences, and (

b) the service or thing that is provided. (“service public”) MUNICIPAL AFFAIRS Jurisdiction and powers 432.0.2

(1) The Ontario Land Tribunal has jurisdiction and power in relation to municipal affairs, (

a) to approve the exercise in whole or in part of any of the powers by the City under any Act that may or will involve or require the borrowing of money by the issue of debentures, or the incurring of any debt or the issuing of any debentures, which approval the City voluntarily applies for or is required by law to obtain; (

b) to approve any by-law or proposed by-law of the City, which approval the City voluntarily applies for or is required by law to obtain; (

c) to authorize the issue by the City, without the assent of the electors, of debentures to pay any floating indebtedness that it may have incurred, on such terms, in such manner and at such times as the Tribunal may approve, or to direct that the floating indebtedness be paid in such other manner and within such time as the Tribunal may require; (

d) to authorize the issue by the City, without the assent of the electors, of debentures to retire debentures that are redeemable before maturity, and the raising of the sum required for payment of the new debentures in the same manner as the sum required for payment of the retired debentures; (

e) to certify to the validity of debentures issued under the authority of any by-law of the City that the Tribunal has approved; (

f) to direct that before any approval is given by the Tribunal to the exercise of any po wers by the City or to any by -law passed by it, or before any authorization is given by the Tribunal to the issue by the City of debentures to pay any floating indebtedness, the assent of the electors of the City or those who are qualified to vote on money by-laws first be obtained, even though the assent is not otherwise required; (

g) to supervise, where considered necessary, the expenditure of any money borrowed by the City with the approval of the Tribunal; (

h) to require and obtain from the City, at a ny time and for any definite period, statements in detail of any of its affairs, financial and otherwise; (

i) to inquire at any time into any or all of the affairs, financial and otherwise, of the City and hold hearings and make investigations respecting those affairs as may appear necessary to be made in the interest of the City, its ratepayers, inhabitants and creditors and particularly to make and hold inquiries, hearings and investigations for the purpose of avoiding any default or recurrence of a default by any municipality in meeting its obligations; (

j) when authorized by an agreement entered into by the City and one or more municipalities in whic h the parties to the agreement agree to be bound by the decision of the Tribunal, to hear and determine disputes in relation to the agreement; and (

k) where water or sewage service is supplied or to be supplied by the City to a nother municipality, or supplied or to be supplied by another municipality to the City, to hear and determine the applicat ion of either municipality to con firm, vary or fix rates charged or to be charged in connection with the water or sewage service.

27 Same (2) Clauses (1) (

c) and (

d) have effect despite any Act. Voluntary application for approval of by-laws 432.0.3 A local board mentioned in subsection 432.0.12 (2) may apply to the Ontario Land Tribunal for its approval of any by-law, the passing of which has been authorized by an order of the Tribunal made under that section. Application to Tribunal for approval of by-law authorizing borrowing 432.0.4

(1) A person may apply to the Ontario Land Tribunal for approval of a by -law of the City authorizing a debenture, borrowing or other debt if the person is, (

a) the holder of the debenture or entitled to receive the debenture or the proceeds of its sale; (

b) the person to whom the borrowing is owed by the City; or (

c) the person to whom the other debt is owed by the City. Tribunal may approve

(2) The Ontario Land Tribunal may approve a by-law in respect of which an application is made under this section. Approval to be withheld where litigation pending 432.0.5 The Ontario Land Tribunal shall not grant or issue any approval or certificate under this

Part in respect of any municipal matter if there is any pending action or proceeding relating to the matter, including an application to quash any by - law of the City relating to the matter. Time for certifying validity of debentures 432.0.6

(1) The Ontario Land Tribunal shall not certify the validity of any debenture issued under any by-law of the City until 30 days after the final passing of the by -law, unless notice of the application for certification has been otherwise published or given as directed by the Tribunal. Exception

(2) This

section does not apply to any debentur e authorized under clause 432.0.2 (1) (

d) or to a consolidating by -law if every by-law consolidated was finally passed at least 30 days before certification. Validation of by-laws and debentures 432.0.7

(1) An application may be made to the Ontario Land Tribunal for approval of a by -law of the City authorizing the issue of any debentures, and of the debentures, either before the debentures are issued by the City or after the issue and sa le of any debentures by the City. Same

(2) In respect of an application made under subsection (1), the Tribunal may approve the by-law and certify the validity of the debentures despite any omission, illegality, invalidity or irregularity in the by -law or the debentures or in any proceedings relating to or incidental to them occurring before or after the final passing of the by-law or the issuing of the debentures. No approval if by-law quashed, etc.

(3) The Tribunal shall not approve any by-law of the City or certify the validity of any debentures issued under a by-law if the validity of the by -law or debenture is being questioned in any pending litigation or the by -law has been set aside, quashed or declared to be invalid by any court.

Debentures to be certified 432.0.8 If the validity of a debenture is certifie d by the Ontario Land Tribunal, it shall bear the certificate of the Tribunal in the form approved by the Tribunal establishing that the by -law under the authority of which the debenture is issued has been approved by the Tribunal and that the debenture is issued in conformity with the approval.

Validity of certified debentures 432.0.9 Despite any Act, every by-law of the City approved by the Ontario Land Tribunal and every debenture issued under a by-law bearing the certificate of the Tribunal is for all purposes valid and binding on the City and its ratepayers and on the property liable for any rate imposed under the by -law, and the validity of the by -law and the debenture shall not be contested or questioned in any manner. Scope of Tribunal inquiry 432.0.10

(1) The Ontario Land Tribunal may, before approving an application by the City for any of the following, make inquiries into the matters described in subsection (2): 1. Approval of the exercise by the City of any of its powers.

28 2. Approval of the incurring of any debt. 3. Approval of the issue of any debentures. 4. Approval of a by-law. Same

(2) For the purposes of subsection (1), the matters are the following: 1. The nature of the power sought to be exercised or undertaking that is proposed to be or has been proceeded with. 2. The financial position and obligations of the City. 3. The burden of taxation on the ratepayers. 4. Any other matter that the Tribunal considers to be relevant. When electors’ assent may be dispensed with 432.0.11

(1) This

section applies if, under any Act, the assent of the electors of the City or of those qualified to vote on money by-laws is required before the City may exercise a power, incur a debt, issue a debenture or pass a by -law. Same

(2) The Ontario Land Tribunal shall not approve the exercise of the power, incurring of the debt, issue of the debentures or the by-law until the assent has been obtained, unless the Tribunal, after due inquiry, is satisfied that the assent may under all th e circumstances properly be dispensed with. Same

(3) If the Tribunal is satisfied for the purposes of subsection (2), it may by order declare and direct that the assent of the electors or the qualified electors shall not be required to be obtained despite the provisions of the Act. Hearing

(4) Before making any order under subsection (3) and subject to subsections (5), (6) and (7), the Tribunal shall hold a hearing for the purpose of inquiring into the merits of the matter and hearing any objections that any person may des ire to bring to the attention of the Tribunal. Notice to provide for filing of objections

(5) The Tribunal shall provide notice of the hearing as the Tribunal considers appropriate and may direct that the notice include a statement that anyone objecting t o dispensing with the assent of the electors may, within the time specified by the Tribunal, file with the city clerk or, in the case of a local board, with the secretary of the local board, the objection to dispensing with the assent of the electors. Where no objections

(6) Where notice has been given under subsection (5), the Tribunal may, when no notice of objection has been filed within the time specified in the notice, dispense with the assent of the electors without holding a hearing. Where objections filed

(7) If one or more objections have been filed within the time specified in the notice, the Tribunal shall hold a hearing unless, under all the circumstances affecting the matter, the Tribunal considers the objection or, if more than one, all the o bjections to be insufficient to require a hearing. Hearing not required where additional expenditure approved

(8) Despite subsection (4), where the Tribunal has approved an expenditure for any purpose, it may, without holding a hearing, dispense with the assent of the electors of the City or of those qualified to vote on money by -laws and approve additional expenditures for the same purpose not in excess of 25 per cent of the original expenditure approved. Conditions in dispensing with vote

(9) The Tribunal, in making any order under subsection (3) dispensing with the necessity for obtaining the assent of the electors or qualified electors, may impose such terms, conditions and restrictions not only in respect of the matter in which such ord er is made, but as to any further or subsequent exercise of any of the powers of the City or incurring of any other debt or issue of any other debentures or passing of any other by-law by the City as may appear necessary to the Tribunal. Limitation re undertaking debt 432.0.12

(1) Despite any Act, a local board to which this subsection applies shall not authorize, exercise any of its powers to proceed with or provide money for any work or class of work if the cost or any portion of the cost of the work is to be or m ay be raised after the term for which the council of the City or board was elected.

29 Application (2) Subsection (1) applies to a local board, other than a board as defined in subsection 1 (1) of the Education Act, that is entitled to apply to the council of the City to have money provided by the issue of debentures of the City. Matters not requiring Tribunal approval (3) Subsection (1) does not apply to, (

a) anything done with the approval of the Ontario Land Tribunal, if the approval is, (

i) provided for by another Act or by another provision of this Act, and (ii) obtained in advance; (

b) a by-law of a local board mentioned in subsection (2) containing a provision to the effect that it shall not come into force until the approval of the Tribunal has been obtained; or (

c) a by-law or resolution of a local board mentioned in subsection (2) containing a provision to the effect that it shall not come into force until the approval of the City has been obtained. Approval of Tribunal

(4) The approval of the Tribunal mentioned in clause (3) (

a) means and, despite the decision of any court, shall be deemed always to have meant the approval of the work mentioned in subsection (1). Definition

(5) In this section, “work” includes any undertaking, project, scheme, act, matter or thing. Inquiry by Tribunal 432.0.13 On an application being made to the Ontario Land Tribunal for the approval required by

section 432.0.12, the Tribunal shall proceed to deal with the application in the manner provided by a nd shall have regard to the matters mentioned in

section 432.0.10, and may hold such hearings as may appear necessary to the Tribunal. Tribunal may impose conditions on giving approval 432.0.14 The Ontario Land Tribunal may impose, as it considers necessary and as a condition of giving its approval as required by

section 432.0.12, restrictions, limitations and conditions on the local board with respect to the matter before the Tribunal or with respect to the current annual or future annual expenditures of the local board for any purpose or with respect to further issues of debentures for the purposes of the local board. PUBLIC UTILITIES Jurisdiction and powers 432.0.15

(1) The Ontario Land Tribunal has jurisdiction and power, (

a) to hear and determine an y application with respect to any public utility, its construction, maintenance or operation by reason of the contravening of or failure to comply on the part of the City or any person, firm, company or corporation with the requirements of any Act, or of a ny regulation, rule, by-law or order made under any Act, or of any agreement entered into in relation to such public utility, its construction, maintenance or operation; and (

b) to hear and determine any application with respect to any tolls charged by th e City or any person, firm, company or corporation operating a public utility in excess of those approved or prescribed by lawful authority, or which are otherwise unlawful. Jurisdiction over receivers, liquidators, etc.

(2) A manager or other official or the liquidator or receiver of a public utility shall manage, operate or liquidate the public utility in accordance with the orders and directions of the Tribunal. Same

(3) The fact that the person is managing or operating or liquidating the public utility under the authority of a court is not a bar to the exercise by the Tribunal of any jurisdiction or power conferred by this Part. Clean Water Act, 2006 38

(1) The definition of “Tribunal” in subsection 2 (1) of the Clean Water Act, 2006 is amended by striking out “Environmental Review Tribunal” and substituting “Ontario Land Tribunal”. (2) Subsection 39 (1) of the Act is amended by striking out “Ontario Municipal Board” in the portion before clause (

a) and substituting “Ontario Land Tribunal”.

30 Conservation Authorities Act 39

(1) Section 21.2 of the Conservation Authorities Act is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (2) Subsection 24 (4) of the Act is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”. (3) Subsections 25 (2) and (3) of the Act are amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (4) Subsection 25 (4) of the Act is amended by striking out “The Local Planning Appeal Tribunal has authority to take evidence, to confirm or vary the apportionment of the authority and to fix and award costs” at the beg inning and substituting “The Ontario Land Tribunal has authority to take evidence and to confirm or vary the apportionment of the authority”.

(5) Section 26 of the Act, as re-enacted by

section 23 of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 , is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (6) Subsection 27 (8) of the Act is amended by striking out “the Mining and Lands Tribunal continued under the Ministry of Natural Resources Act” at the end and substituting “the Ontario Land Tribunal”.

(7) Section 27.1 of the Act is amended by striking out “ Mining and Lands Commissioner” wherever it appears and substituting in each case “Ontario Land Tribunal”.

(8) Section 27.1 of the Act, as amended by

section 13 of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 , is amended by striking out “ Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”.

(9) Section 27.2 of the Act is amended by striking out “Mining and Lands Commissioner” wherever it appears and substituting in each case “Ontario Land Tribunal”.

(10) Section 27.2 of the Act, as amended by

section 14 of

Schedule 6 to the Protect, Support and Recover from COVID - 19 Act (Budget Measures), 2020, is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (11) Subsection 28 (15) of the Act is amended by striking out “the Minister who may” in the portion before clause (

a) and substituting “the Ontario Land Tribunal, and the Tribunal may”.

(12) Section 28.0.1 of the Act is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”.

(13) Section 28.1 of the Act is amended by striking out “Local Planning Appeal Tri bunal” wherever it appears and substituting in each case “Ontario Land Tribunal”.

(14) Sections 28.1.1 and 28.1.2 of the Act are amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”.

(15) Section 28.3 of the Act is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (16) Clause 40 (1) (

d) of the Act is amended by striking out “Local Planning Appeal Tribunal” at the end and substituting “Ontario Land Tribunal”.

(17) If this subsection comes into force before the day subsection 25 (1) of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 40 (1) (

g) of the Act is repealed. Consolidated Hearings Act 40

(1) The Consolidated Hearings Act is repealed.

(2) The following regulations made under the Act are revoked: 1. Regulation 171 of the Revised Regulations of Ontario, 1990 (Aggregate Resources Act). 2. Regulation 172 of the Revised Regulations of Ontario, 1990 (Conservation Authorities Act). 3. Regulation 173 of the Revised Regulations of Ontario, 1990 (Hearings). 4. Regulation 174 of the Revised Regulations of Ontario, 1990 (Lakes and Rivers Improvement Act). 5. Ontario Regulation 784/91 (Subsections 34 (3) and (4) of the Regional Municipality of Halton Act). 6. Ontario Regulation 552/94 (Regional Municipality of Durham Act).

31 Development Charges Act, 1997 41

(1) The following provisions of the Development Charges Act, 1997 are amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”: 1. Subsection 12 (3).

Section 14. 3. Subsections 16 (1), (2), (4) and (5).

Section 17. 5. Subsection 18 (1).

Section 19.

Section 22. 8. Subsections 24 (1), (3), (4) and (5). 9. Subsection 25 (1). 10. Subsections 49 (1) and (5). 11. Subsection 51 (2). 12. Subsection 68 (2). (2) Subsection 15 (2) of the Act is amended by, (

a) striking out “the secretary of the Ontario Municipal Board” and substituting “the Ontario Land Tribunal”; and (

b) striking out “Board” and substituting “Tribunal”. (3) Subsection 16 (3) of the Act is repealed and the following substituted: Powers of Tribunal

(3) After the hearing, the Ontario Land Tribunal may, (

a) dismiss the appeal in whole or in part; (

b) order the council of the municipality to repeal or amend the by-law in accordance with the Tribunal’s order; (

c) repeal or amend the by-law in such manner as the Tribunal may determine. (4) Clauses 18 (2) (

a) and (

b) of the Act are repealed and the following substituted: (

a) if the Ontario Land Tribunal repeals or amends the by-law, within 30 days after the Tribunal’s order; (

b) if the Ontario Land Tribunal orders the council of the municipality to repeal or amend the by -law, within 30 days after the repeal or amendment by the council. (5) Subsection 23 (3) of the Act is amended by, (

a) striking out “the secretary of the Ontario Municipal Board” and substituting “the Ontario Land Tribunal”; and (

b) striking out “Board” and substituting “Tribunal”. (6) Subsection 48 (2) of the Act is amended by, (

a) striking out “the secretary of the Ontario Municipal Board” and substituting “the Ontario Land Tribunal”; and (

b) striking out “Board” and substituting “Tribunal”. (7) Subsection 49 (2) of the Act is repealed and the following substituted: Powers of Tribunal

(2) After the hearing, the Ontario Land Tribunal may, (

a) dismiss the objection in whole or in part; (

b) terminate the agreement; (

c) order that the agreement is terminated unless the parties amend it in accordance with the Tribunal’s order. (8) Subsection 49 (3) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

32 Same

(3) If the Ontario Land Tribunal terminates the agreement or makes an order under clause (2) (c), the Tribunal may order the municipality to refund any amount paid under the agreement in excess of, . . . . .

(9) Section 50 of the Act is amended by striking out “Ontario Municipal Board” at the end and substituting “Ontario Land Tribunal”. (10) Subsection 54 (4) of the Act is repealed and the following substituted: Money held until objections disposed of

(4) If an objection to a front -ending agreement is made, the municipality shall retain any money received from persons who are not parties to the agreement until all the objections to the agreement are disposed of by the Ont ario Land Tribunal. If the Tribunal makes an order that the agreement be terminated unless the parties amend it in accordance with the Tribunal’s order, the municipality shall retain the money until the agreement is either terminated or amended. Drainage Act 42 Subsection 75 (3) of the Drainage Act is amended by striking out “

section 25 of the Local Planning Appeal Tribunal Act, 2017” and substituting “section 474.10.13 of the Municipal Act, 2001”. Education Act 43

(1) The following provisions of the Education Act are amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”: 1. Subsection 67 (1). 2. Subsection 257.63 (3).

Section 257.65. 4. Subsections 257.67 (1), (2), (4) and (5).

Section 257.68. 6. Subsection 257.69 (1). 7. Subsection 257.74 (1). 8. Subsections 257.76 (1), (2), (4) and (5). 9. Sections 257.77, 257.78 and 257.79.

Section 257.87.

Section 257.89. 12. Subsection 257.90 (1).

Section 257.91. 14. Paragraph 4 of

section 257.92.

Section 257.94.

(2) Subsection 257.66 (2) of the Act is amended, (

a) by striking out “the secretary of the Ontario Municipal Board” and substituting “the Ontario Land Tribunal” ; and (

b) by striking out “as the Ontario Municipal Board may require” and substituting “as the Ontario Land Tribunal may require”.

(3) Subsection 257.67 (3) of the Act is repealed and the following substituted: Powers of Tribunal

(3) After the hearing, the Ontario Land Tribunal may, (

a) dismiss the appeal in whole or in part; (

b) order the board to repeal or amend the by-law in accordance with the Tribunal’s order; (

c) repeal or amend the by-law in such manner as the Tribunal may determine.

(4) Clauses 257.69 (2) (

a) and (

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

33 (

a) if the Ontario Land Tribunal repeals or amends the by-law, within 30 days after the Tribunal’s order; (

b) if the Ontario Land Tribunal orders the board to repeal or amend the by-law, within 30 days after the repeal or amendment by the board.

(5) Subsection 257.75 (2) of the Act is amended, (

a) by striking out “the secretary of the Ontario Municipal Board” and substituting “the Ontario Land Tribunal”; and (

b) by striking out “as the Ontario Municipal Board may require” and substituting “as the Ontario Land Tribunal may require”.

(6) Subsection 257.76 (3) of the Act is repealed and the following substituted: Powers of Tribunal

(3) After the hearing, the Ontario Land Tribunal may, (

a) dismiss the appeal in whole or in part; (

b) order the board to repeal or amend the amending by-law in accordance with the Tribunal’s order; (

c) repeal or amend the amending by-law in such manner as the Tribunal may determine.

(7) Subsection 257.88 (3) of the Act is amended by, (

a) striking out “the secretary of the Ontario Municipal Board” and substituting “the Ontario Land Tribunal”; and (

b) striking out “Board” and substituting “Tribunal”. Environmental Assessment Act 44

(1) The following provisions of the Environmental Assessment Act are amended by striking out “ Environmental Review Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”: 1. The definition of “Tribunal” in subsection 1 (1). 2. Subsection 11 (1).

(2) Subsection 17.20 (1) of the Act is amended by striking out “ Environmental Review Tribunal ” and substituting “Ontario Land Tribunal”.

(3) Section 21 of the Act is repealed.

(4) Section 22 of the Act is amended by striking out “any person appointed under

section 7 of the Environmental Review Tribunal Act, 2000”. Environmental Protection Act 45

(1) The definition of “Tribunal” in subsection 1 (1) of the Environmental Protection Act is amended by striking out “Environmental Review Tribunal” and substituting “Ontario Land Tribunal”.

(2) Subsections 20.15 (7) to (11) of the Act are repealed. (3) Subsections 33 (5) to (9) of the Act are repealed. Environmental Review Tribunal Act, 2000 46 The Environmental Review Tribunal Act, 2000 is repealed. Evidence Act 47 Subsection 36 (2) of the Evidence Act is amended by striking out “and of the Ontario Municipal Board”. Expropriations Act 48

(1) The definition of “Tribunal” in subsection 1 (1) of the Expropriations Act is amended by strikin g out “ Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”. (2) Subsection 6 (3) of the Act is amended by striking out “without the inquiry procedure” and substituting “without a hearing”.

(3) Sections 7 and 8 of the Act are repealed and the following substituted: Hearings following notice under s. 6 (2) 7

(1) An approving authority that receives notice under subsection 6 (2) shall refer the matter to the Tribunal for a hearing by a single member of the Tribunal.

34 Parties

(2) The parties to a hearing under this

section are, (

a) the expropriating authority; (

b) each owner who notifies the approving authority under subsection 6 (2) that the owner desires a hearing in respect of the lands intended to be expropriated; and (

c) any owner added as a party by the Tribunal whose land the Tribunal determines would be affected by the expropriation or any modification of the expropriation. Time, place and notice of hearing

(3) The Tribunal shall fix a time and place for the hearing, and cause notice of the hearing to be served on each party. Notice of grounds

(4) At least five days before the date fixed for the hearing, or by such earlier time as may be specified by the Tribunal , the expropriating authority shall, (

a) serve on each of the other parties a notice indicating the grounds on which it intends to rely at the hearing; and (

b) make available for inspection by the other parties any documents, including maps and plans, that the expropriating authority intends to use at the hearing. Hearing by means of inquiry

(5) At the hearing, the Tribunal shall inquire into whether the taking of the lands or any part of the lands of an owner or of more than one owner of the same lands is fair, sound and reasonably necessary in the achievement of t he objectives of the expropriating authority. Report

(6) Following the hearing, the Tribunal shall issue a report respecting the hearing that contains the following information, and shall immediately provide a copy of the report to the approving authority and the parties: 1. A

summary of the evidence and arguments advanced by the parties. 2. The Tribunal’s findings of fact. 3. The Tribunal’s opinion on the merits of the application for approval, and the reasons for the opinion. Costs

(7) Subject to the regulations, the Tribuna l may recommend to the approving authority that a party to the hearing be paid a fixed amount for the party’s costs of the hearing, and the approving authority may in its discretion order the expropriating authority to pay the recommended costs. Same

(8) Costs recommended under subsection (7) shall not exceed $200, or such higher amount as may be prescribed. Same (9) Subsections (7) and (8) apply instead of

section 20 of the Ontario Land Tribunal Act, 2021. Decision of approving authority 8

(1) The approving authority shall consider every report it receives under subsection 7 (6) respecting a hearing, and shall, (

a) approve the proposed expropriation; (

b) not approve the proposed expropriation; or (

c) approve the proposed expropriation with such modifications as the approving authority considers proper, as long as the modifications do not affect the lands of a registered owner who was not a party to the hearing. Reasons, service of decision

(2) The approving authority shall give written reasons for its decision, and shall cause the decision and reasons to be served on all the parties and on the Tribunal within 90 days after the date on which the approving authority received the report. Certificate

(3) The approving authority shall certify its approval in the prescribed form. (4) Clause 10 (2) (

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

a) if there was a hearing under

section 7, as of the date the notice of hearing was served on the owner;

35 (5) Subsection 10 (2.1) of the Act is repealed.

(6) Sections 26 to 28 of the Act are repealed and the following substituted: Application, if compensation not agreed to 26

(1) If the statutory authority and the owner do not agree on the compensation payable under this Act, the statutory authority or the owner may, subject to subsection (2), apply to the Tribunal for the determination of compensation by way of a hearing or as otherwise provided for under the Ontario Land Tribunal Act, 2021. Same (2) Subsection (1) applies, (

a) in the case of injurious affection, if

section 22 has been complied with; or (

b) in the case of expropriation, if

section 25 has been complied with or the time for complying with it has expired.

(7) Sections 29 to 31 of the Act are repealed and the following substituted: Duties of Tribunal on application 29 The Tribunal shall determine any compensation in respect of which an application is made under

section 26 and, in the absence of an agreement made under

section 24, shall determine any other matter required by this or any other Act to be determined by the Tribunal. Application, if no expropriation 30

(1) If the owner of land consents to the acquisition of the land by a statutory authority, the statutory authority or the owner, with the consent of the other, may apply to the Tribunal for the determination of the compensation to which the owner would be entitled by this Act if the land were expropriated, and the Tribunal may determine the compensatio n. Same

(2) For the purposes of subsection (1), the compensation shall be assessed as of the date on which the consent to the acquisition is given, subject to any agreement of the parties. Appeals 31

(1) A decision or order of the Tribunal under this Act may be appealed to the Divisional Court within six weeks from the day the decision or order was served on the parties, on a question of law or fact or both. Extension of time for appeal

(2) A judge of the Divisional Court may extend the time for appeal for such period as the judge considers proper. Powers of Court

(3) On an appeal under subsection (1), the Divisional Court may, (

a) refer any matter back to the Tribunal; or (

b) make any decision or order that the Tribunal has power to make. Non-application

(4) For greater certainty, this

section does not apply with respect to any determination of the Tribunal under

section 7.

(8) Section 32 of the Act is amended by adding the following subsection: Same

(3) If no tariffs or rules are prescribed under clause 44 (d), the assessment officer shall instead have reference to the rules made by the Tribunal for the purposes of

section 20 of the Ontario Land Tribunal Act, 2021.

(9) Section 44 of the Act is amended by adding the following clauses: (0.

a) providing for and governing circumstances in which costs shall not be recommended or ordered to be paid under subsection 7 (7); (0.a.1) specifying a maximum costs amount for the purposes of subsection 7 (8), including providing for different maximum costs amounts in respect of different classes of hearings;

(10) Clause 44 (

c) of the Act is repealed. Funeral, Burial and Cremation Services Act, 2002 49

Section 85 of the Funeral, Burial and Cremation Services Act, 2002 is amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”.

36 Great Lakes Protection Act, 2015 50 Subsection 20 (1) of the Great Lakes Protection Act, 2015 is amended by striking out “Ontario Municipal Board” in the portion before clause (

a) and substituting “Ontario Land Tribunal”. Greenbelt Act, 2005 51 (1) Subsection 7 (1) of the Greenbelt Act, 2005 is amended by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”. (2) Subsections 18 (1) and (2) of the Act are repealed and the following substituted: Matters appealed

(1) If a matter relating to land within the areas designated as Protected Countryside in the Greenbelt Plan is appealed or referred to the Ontario Land Tribunal, whether under

section 21 of the Ontario Land Tribunal Act, 2021 or otherwise, the Minister may notify the Tribunal that its consideration of the matter should be deferred. Stay

(2) If the Minister gives notice under subsection (1), all steps in the appeal or referral are stayed as of the date of the notice until the Minister gives a further notice to the Tribunal that the appeal or referral may be continued. Same (2.1) Subsection (2) applies despite subsection 21 (4) of the Ontario Land Tribunal Act, 2021. (3) Subsections 18 (5) and (8) of the Act are amended by striking out “ Ontario Municipal Board or joint board ” wherever it appears and substituting in each case “Ontario Land Tribunal”. Health Protection and Promotion Act 52

(1) Subsection 77.4 (9) of the Health Protection and Promotion Act is amended by striking out “the Ontario Municipal Board, upon application in accordance with the rules govern ing the practice and procedure of that board, shall determine” and substituting “the Ontario Land Tribunal shall, on application, determine”.

(2) Subsection 77.4 (10) of the Act is amended by striking out “Ontario Municipal Board” and substituting “Ontari o Land Tribunal”. Housing Development Act 53 (1) Subsection 7 (5) of the Housing Development Act is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”. (2) Subsection 13 (4) of the Act is amended by striking out “Section 25 of the Local Planning Appeal Tribunal Act, 2017 does not apply” at the beginning and substituting “Section 474.10.13 of the Municipal Act, 2001 and

section 432.0.12 of the City of Toronto Act, 2006 do not apply”. Housing Services Act, 2011 54 (1) Subsection 16 (4) of the Housing Services Act, 2011 is repealed and the following substituted: Application for approval

(4) A dssab service manager that proposes to give a direction to a municipality shall apply to the Ontario Land Tribun al for approval of the proposed direction under

section 474.10.13 of the Municipal Act, 2001 and the dssab service manager is deemed, for the purposes of that section, to make the application on behalf of the municipality. (2) Subsection 16 (5) of the Act is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”. Lake Simcoe Protection Act, 2008 55 Subsections 6 (1) and (8) of the Lake Simcoe Protection Act, 2008 are amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Ontario Land Tribunal”. Law Society Act 56 (1) Subsection 31 (1) of the Law Society Act is amended by striking out “or” at the end of clause (

a) and by repealing clause (b).

(2) Paragraph 15 of subsection 63 (1) of the Act is repealed. Legislation Act, 2006 57 Clause (

b) of the definition of “regulation” in

section 17 of the Legislation Act, 2006 is amended b y striking out “Ontario Municipal Board” at the end and substituting “Ontario Land Tribunal”.

37 Legislative Assembly Act 58 Clause 8 (2) (

e) of the Legislative Assembly Act is amended by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”. Local Planning Appeal Tribunal Act, 2017 59

(1) The Local Planning Appeal Tribunal Act, 2017 is repealed.

(2) Ontario Regulation 303/19 (Transition for Planning Act Appeals), made under the Act, is revoked. Long-Term Care Homes Act, 2007 60 Subsection 128 (4) of the Long-Term Care Homes Act, 2007 is amended by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”. Metrolinx Act, 2006 61 Subsection 31.1 (4) of the Metrolinx Act, 2006 is amended by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”. Mining Act 62

(1) The definition of “Tribunal” in subsection 1 (1) of the Mining Act is repealed and the following substituted: “Tribunal” means the Ontario Land Tribunal; (“Tribunal”)

(2) The heading to

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

PART VI ONTARIO LAND TRIBUNAL (3) Subsection 114 (3) of the Act is repealed.

(4) Sections 115 to 120 of the Act are repealed.

(5) Sections 122 and 123 of the Act are repealed.

(6) Sections 125 to 127 of the Act are repealed.

(7) Section 128 of the Act is amended by striking out “before the Tribunal or recorder” and substituting “before the recorder”. (8) Subsections 129 (1), (2) and (3) of the Act are repealed. (9) Subsection 129 (4) of the Act is amended by adding “of the Tribunal” after “each order or judgment”.

(10) Sections 130 and 131 of the Act are repealed.

(11) Section 133 of the Act is amended by striking out “ including an order dismissing a matter or proc eeding under

section 122” at the end. (12) Subsection 134 (5) of the Act is repealed. (13) Subsection 152 (9) of the Act is amended by striking out “Sections 114, 115, 116 and 118 to 131 of this Act ” at the beginning and substituting “Sections 114, 121, 124, 128 and 129 of this Act”. Ministry of Natural Resources Act 63

(1) The definition of “Tribunal” in

section 1 of the Ministry of Natural Resources Act is repealed.

(2) Section 6 of the Act is repealed.

(3) The following regulations made under the Act are revoked: 1. Ontario Regulation 571/00 (Assignment of Powers and Duties of Minister). 2. Ontario Regulation 12/18 (Transition - Establishment of Mining and Lands Tribunal). Municipal Act, 2001 64

(1) The following provisions of the Municipal Act, 2001 are amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”: 1. Subsection 6 (2). 2. Clause 179 (b). 3. Subsection 180 (1). 4. Subsection 181 (1).

38 5. Subsection 182 (1). 6. Subsection 183 (1).

Section 184. 8. Subsections 186 (1) and (2). 9. Subsection 222 (4). 10. Subsection 223 (4). 11. Subsection 323 (8). 12. Clause 401 (4) (c). 13. Subsection 402 (1). 14. Subsection 407 (2). 15. Clause 469 (1) (b).

Section 474.14.

(2) The French version of subsection 182 (2) is amended by striking out “Tribunal d’appel de l’aménagement local” in the portion before clause (

a) and substituting “Tribunal”. (3) Subsection 205 (4) of the Act is amended by striking out “Section 25 of the Local Planning Appeal Tribunal Act, 2017 and

section 401 of this Act” at the beginning and substituting “Sections 401 and 474.10.13”.

(4) Subsection 370.1 (1) of the Act is amended by striking out “ the Local Planning Appeal Tribunal may continue to exercise its powers under these sections ” and substituting “the powers of the Ontario Municipal Board under those sections may continue to be exercised by the Ontario Land Tribunal”. (5) Subsection 415 (2) of the Act is amended b y striking out “

section 22 of the Local Planning Appeal Tribunal, 2017 ” in the portion before clause (

a) and substituting “section 474.10.10”. (6) Clause 469 (1) (

a) of the Act is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Municipal Board”.

(7) The Act is amended by adding the following Part:

PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS

Definitions 474.10.2 In this Part, “local board” means a local board as defined in subsection 1 (1), except that it includes a school board; (“conseil local”) “municipality” includes, (

a) a local board, and (

b) a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in unorganized territory; (“municipalité”) “public utility” means, in addition to a public utility as defined in subsection 1 (1), (

a) a system that is used to provide, (

i) electric heat, light and power works, or (ii) any other service or thing that supplies the general public with necessaries or conveniences, and (

b) the service o

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 245 b245 e.pdf
Type	bill
Volume / chapter	p42 s1 bill 245 b245 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	616c9cfc5a3440f28fe62200343ee0f24069c3ac

Source file is stored in the law ingest library (json).