p42 s1 bill 229 b229rep e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 69 ELIZABETH II, 2020 Bill 229

An Act to implement Budget measures and to enact, amend and repeal various statutes The Hon. R. Phillips Minister of Finance Government Bill 1st Reading November 5, 2020 2nd Reading November 23, 2020 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on Finance and Economic Affairs and as reported to the Legislative Assembly December 7, 2020) (The provisions in this Bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. ______________ EXPLANATORY NOTE

SCHEDULE 1 ALCOHOL AND GAMING COMMISSION OF ONTARIO ACT, 2019 The

Schedule amends the Alcohol and Gaming Commission of Ontario Act, 2019 . These amendments are complementary to the amendments to the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 that are made elsewhere in this Bill. The major elements of the

Schedule are set out below. The Alcohol and Gaming Commission of Ontario Act, 2019 is amended in various ways. The amendments allow the Lieutenant Governor in Council to establish or continu e a subsidiary of the Alcohol and Gaming Commission of Ontario (the “Commission”) by regulation. This lottery subsidiary has the object and duty of conducting and managing prescribed online lottery schemes in addition to any other prescribed objects or dut ies. The objects of the Commission are expanded to include overseeing the lottery subsidiary. The Commission and the lottery subsidiary are declared to be Crown agents.

A new directives power allows the Minister to issue directives that relate to the condu ct and management of prescribed online lottery schemes to the Commission or to the lottery subsidiary in respect of their operations, which must be implemented promptly and efficiently. Powers that relate to the oversight of the lottery subsidiary cannot be delegated to the Registrar or a Deputy Registrar of the Commission. The immunity provision in the Act is expanded to include the directors, officers and employees of the lottery subsidiary.

New regulation-making powers are provided to govern the Commiss ion, the lottery subsidiary and prescribed online lottery schemes in various ways.

SCHEDULE 2 ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996 The

Schedule amends the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 and makes related amendments to another Act. The major elements of the

Schedule are set out below. The Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 is amended in various ways. The amendments allow the Lieuten ant Governor in Council to establish a subsidiary of the Alcohol and Gaming Commission of Ontario (the “Commission”) by regulation. This lottery subsidiary has the object and duty of conducting and managing prescribed online lottery schemes in addition to any other prescribed objects or duties . The objects of the Commission are expanded to include overseeing the lottery subsidiary.

The Commission and the lottery subsidiary are declared to be Crown agents. A new directives power allows the Minister to issue directives that relate to the conduct and management of prescribed online lottery schemes to the Commission or to the lottery subsidiary in respect of their operations, which must be implemented promptly and efficiently. Powers that relate to the oversight of the lottery subsidiary cannot be delegated to the Registrar or a Deputy Registrar of the Commission. A new immunity provision is added to the Act.

Finally, new regulation -making powers are provided to govern the Commission, the lottery subsidiary and prescribed online lottery schemes in various ways. The Ontario Lottery and Gaming Corporation Act, 1999 is amended to provide that the Ontario Lottery and Gaming Corporation is responsible for ensuring the legal compliance of its own lottery schemes and gam ing sites. Currently, subsections 27 (1.1), (2) and (2.1) of the Act provide for an increase, effective June 1, 2020, in the basic tax payable on certain purchases of wine and wine cooler.

The Act is amended to retroactively eliminate the increase effectiv e that date. Amendments are made to the

definitions of “beer”, “Ontario wine cooler”, “spirits”, “spirits cooler” and “wine cooler” in subsection 17 (1) of the Act, including amendments to allow the Lieutenant Governor in Council to, by regulation, exclude beverages from the

definitions of “Ontario wine cooler”, “spirits cooler” and “wine cooler”. An amendment is made to the French version of the definition of “reserve” in subsection 17 (4) of the Act.

SCHEDULE 3 ASSESSMENT ACT Currently, paragraph 15.1 of subsection 3 (1) of the Assessment Act exempts land that is used and occupied as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion from taxation. The paragraph is amended to also include land used and occup ied for those purposes by an Ontario unit of the Army, Navy and Air Force Veterans in Canada for 2019 and subsequent tax years. Currently,

section 19 of the Act authorizes the Minister to make regulations respecting the determination of the current value of land for assessment purposes. The

Schedule amends

section 19 of the Act to allow for municipalities to opt, by by -law, to have such regulations apply. If a municipality opts to have such a regulation apply, the municipality may, by by -law, make certain rules about how the regulation applies within the municipality. An upper -tier municipality that opts to have such a

ii regulation apply may delegate the making of those rules to its lower-tier municipalities. A related amendment is made to

section 44 of the Act. Technical amendments, including amendments to regulation making authorities, are also made.

SCHEDULE 4 CITY OF TORONTO ACT, 2006 Amendments are made to

section 278 of the City of Toronto Act, 2006 with respect to the tax rates for municipal purposes for the subclasses prescribed under subsection 8 (1) of the Assessment Act. The amendments provide that the City may, by by-law, provide for different percentages than those that are set out in the Act, to a maximum of 35 p er cent. Amendments are made to

section 331 of the Act with respect to the vacant unit rebate. The amendments provide that the City may, by by-law, elect not to have a program to provide tax rebates to owners of property that has vacant portions. The City is also given several options respecting the requirements of its program.

SCHEDULE 5 COMMERCIAL TENANCIES ACT

Part IV of the Commercial Tenancies Act is re-enacted to provide temporary protections for certain commercial tenants. Here are some highlights: 1. The

Schedule establishes a non-enforcement period for certain tenancies that begins on the day

section 1 of

Schedule 5 to the Protect, Support and Recover from COVID -19 Act (Budget Measures), 2020 comes into force and ends on a prescribed date. If a landlord exercises a right of re-entry between October 31, 2020 and the start of the non-enforcement period, the landlord must restore possession of the premises to the tenant or, if unable to do so, must compensate the tenant for damages. Also, if a landlord seizes a tenant’s goods between October 31, 2020 and the start of the non - enforcement period as a distress for arrears of rent, the landlord must return any unsold goods to the tenant. 2.

Regulations may be made to provide for another non-enforcement period that applies in respect of prescribed tenancies. 3. Judges are prohibited from ordering a writ of possession that is effective during the applicable non-enforcement period if the basis for ordering the writ is an arrears of rent. As well, the amendments prohibit landlords from exercising a right of re-entry and from seizing any goods or chattels as a distress for arrears of rent during the applicable non-enforcement period.

SCHEDULE 6 CONSERVATION AUTHORITIES ACT The

Schedule amends the Conservation Authorities Act. The more significant amendments are described below.

Section 14 of the Act is amended to ensure that at least 70 per cent of the members of a conservation authority that are appointed by participating m unicipalities are municipal councillors. The Minister may grant exceptions to the 70 per cent rule to participating municipalities. The Minister is given the authority to appoint an additional member to a conservation authority to represent the agricultural sector. That member has limited voting rights. The objects of a conservation authority described in

section 20 of the Act are limited to the provision of programs and services required or permitted under sections 21.1, 21.1.1 and 21.1.2.

Section 21.1 requires an authority to provide mandatory programs and services that are prescribed by regulation and meet the requirements set out in that section.

Section 21.1.1 allows authorities to enter into agreements with participating municipalities to provide progr ams and services on behalf of the municipalities, subject to the regulations.

Section 21.1.2 would allow authorities to provide such other programs and services as it determin es are advisable to further the purposes of the Act, subject to the regulations. An authority is required to enter into agreements with the participating municipalities in its jurisdiction if any municipal funding is needed to recover costs for the program s or services provided under

section 21.1.2. A transition plan shall be developed by an authority to prepare for entering into agreements relating to the recovery of costs. All programs and services must be provided in accordance with any prescribed standards and requirements.

Section 21.2 of the Act allows a person who is charged a fee for a program or services provided by an authority to apply to the authority to reconsider the fee.

Section 21.2 is amended to require the authority make a decision upon reconsideration of a f ee within 30 days. Further, the amendments allow a person to a ppeal the decision to the Local Planning Appeal Tribunal or to bring the matter directly to the Tribunal if the authority fails to render a decision within 30 days. New sections 23.2 and 23.3 of the Act would allow the Minister to take certain actions afte r reviewing a report on an investigation into an authority’s operations. The Minister may order the authority to do anything to prevent or remedy non - compliance with the Act.

The Minister may also recommend that the Lieutenant Governor in Council appoint an administrator to take over the control and operations of the authority. Subsection 28.1 (8) of the Act currently allows a person who applied to a conservation authority for a permit under subsectio n 28.1 (1) to appeal that decision to the Minister if the authority has refused the permit or issued it subject to conditions.

Subsection 28.1 (8) is repealed and replaced with provisions that allow the applicant to choose to seek a review of the authority’s decision by the Minister or, if the Minister does not conduct such a review, to appeal the decision to the Local Planning Appeal

iii Tribunal within 90 days after the decision is made. Furthermore, if the authority fails to make a decision with respect to an application within 120 days after the application is submitted, the applicant may appeal the application directly to the Tribunal. New

section 28.0.1 of the Act requires a conservation authority to, on application, grant the applicant permission to carry o ut a development project in the authority’s area of jur isdiction if a zoning order has been made by the Minister of Municipal Affairs and Housing under

section 47 of the Planning Act authorizing the development under that Act. The permission may be granted subject to conditions specified by the authority. Thos e conditions may be subject to a review by the Minister or an app

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 229 b229rep e.pdf
Type	bill
Volume / chapter	p42 s1 bill 229 b229rep e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7126cd4ae0f0e8ab41abfc370b4e59d4c8d4f31d

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