Ontario Bill 46 (44th Parliament, 1st Session)
Bill 46, 44-1
Ontario — Bills
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Bill 46, Protect Ontario by Cutting Red Tape Act, 2025
Khanjin, Hon. Andrea Minister of Red Tape Reduction
Current status:
Royal Assent received. Statutes of Ontario 2025,
chapter 24
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Bill 46 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 46 and does not form part of the law.
Bill 46 has been enacted as
Chapter 24 of the Statutes of Ontario, 2025.
SCHEDULE 1
AT YOUR SERVICE ACT, 2022
The
At Your Service Act, 2022 is amended to replace the
reference in subsection 5 (1) of the Act to the Minister of Economic
Development, Job Creation and Trade with a reference to the Minister with
responsibility for the administration of the Act.
SCHEDULE 2
CHILDREN’S LAW REFORM ACT
Part
I of the Children’s Law Reform Act , which sets out
rules of parentage in law, is amended to add a new
section 17.6.1 providing for
the Ontario Court of Justice to order blood, DNA or other tests in a proceeding
over which the Court has jurisdiction. The
section provides that the Court’s jurisdiction
to make a determination of parentage in one of its proceedings is not limited
by anything in the Part, nor is such a determination a declaration of parentage
under the Part.
SCHEDULE 3
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
The
Schedule amends Christopher’s Law (Sex Offender Registry),
2000 with respect to the disclosure of information obtained from the sex
offender registry. The amendments include a provision permitting disclosure to
a prescribed entity for crime prevention or law enforcement purposes. Before
such disclosure occurs, the Ministry is required to enter into an agreement
with the prescribed entity respecting the disclosure of the information.
SCHEDULE 4
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 .
Currently,
section 232 requires the city treasurer to publish a copy of the City’s audited
financial statements and related documentation in a newspaper having general
circulation in the City within 60 days after receiving those statements. The
treasurer may also provide copies of that information in such other manner as
the treasurer considers appropriate. The treasurer is also required to provide
a copy of the information to any taxpayer or resident of the City upon request,
at no cost, if the treasurer has instead published a notice in the newspaper
that the information will be made available upon request.
Section
232 is re-enacted so that the city treasurer is no longer required to post the
audited financial statements and related documentation, or a notice of such
information, in a newspaper having general circulation in the City, but is
instead required to post that information on a website of the City within 60
days after receiving those statements.
SCHEDULE 5
CONSUMER PROTECTION ACT, 2002
Currently,
section 47.1 of the Consumer Protection Act, 2002 provides rules regarding
the expiry of rewards points provided under a consumer agreement. The
section
is re-enacted to provide general rules governing consumer agreements under
which rewards points are provided. The Lieutenant Governor in Council is also
authorized to make regulations governing such consumer agreements, and the
regulations may provide that the regulations and re-enacted
section 47.1 apply
to consumer agreements that were entered into before the Protect
Ontario by Cutting Red Tape Act, 2025 received Royal Assent.
SCHEDULE 6
CONSUMER REPORTING ACT
Subsection
12 (3) of the Consumer Reporting Act , as that
subsection is re-enacted by the Better for Consumers,
Better for Businesses Act, 2023 , sets out information that a consumer
reporting agency is required to disclose to a consumer who requests their
consumer report or consumer report and consumer score. This includes information
about persons who have accessed the consumer reporting agency’s file pertaining
to the consumer or who have received a consumer report from the agency
pertaining to the consumer. That subsection is amended to eliminate the
person’s email address from the information required to be disclosed.
SCHEDULE 7
COURTS OF JUSTICE ACT
The
Schedule amends subsection 21 (2) of the Courts of Justice
Act in respect of matters that may be heard and determined by a single
judge of the Divisional Court, as opposed to a panel of three. As well,
subsection 68.1 (4) of the Act, a conflict provision respecting the concurrent
court rule-making authorities of the Attorney General on the one hand and the
Civil Rules Committee and the Family Rules Committee on the other, is repealed.
SCHEDULE 8
CROWN FOREST SUSTAINABILITY ACT, 1994
The
Schedule amends
Part III.1 of the Crown Forest
Sustainability Act, 1994 , which deals with the removal of forest
resources that are in a Crown forest for the purpose of allowing an activity other
than a forest operation to be carried out on the land that requires the forest
resources to be removed. Such removal is not subject to a requirement to
provide for the sustainability of the Crown forest, but must be done in
accordance with a permit issued under the Part. The
Part is amended to provide
that circumstances may be set out in regulations made under the Act that would
authorize such removal of forest resources without a permit, in accordance with
the regulations (“authorizing regulations”).
Section 69 is amended to give
related regulation-making authority to the Lieutenant Governor in Council.
Complementary
amendments are also made in relation to various provisions in order to
incorporate authorizing regulations and the actions they authorize into the
Act, including,
(
a) section
41.2 (limitations on remedies);
(
b) section
57 (compliance order, etc.);
(
c) section
63 (lien for Crown charges);
(
d) section
64 (offences).
well, the definition of “Minister” in
section 1 is updated.
SCHEDULE 9
ESCHEATS ACT, 2015
The Escheats Act, 2015
is amended to add a new
section to provide, for greater certainty, that a
particular agreement described in the
section is valid and effective.
SCHEDULE 10
FIXING LONG-TERM CARE ACT, 2021
The
Schedule re-enacts
section 180 of the Fixing Long-Term
Care Act, 2021 . The
section currently requires the Director to publish
specified reports, orders and other information. The re-enacted provision
continues this requirement and specifies the minimum time period for which the
publication must be made available to the public.
SCHEDULE 11
FUNERAL, BURIAL AND CREMATION SERVICES ACT, 2002
The
Schedule amends the Funeral, Burial and Cremation Services
Act, 2002 . Here are some highlights:
1. A
new
section 3.1.1 is added to prohibit an operator from providing a prescribed
licensed supply or service in respect of human remains unless the operator has
received authorization to do so from the person or entity who has such
authority in respect of the human remains as determined in accordance with the
regulations. An application may be made to the Superior Court of Justice for an
order determining the person or entity who has the authority in respect of the
human remains. An amendment is made to subsection 113 (1) to authorize
regulations concerning the application of
section 3.1.1.
2. Currently,
subsection 88 (1) provides that a cemetery owner may apply to the registrar for
an order to close a cemetery. An amendment is made to provide that an
application must be made in accordance with the regulations. Corresponding
authority to make regulations is added to subsection 113 (2). An amendment is
also made to subsection 88 (3), which sets out exceptions to certain notice
requirements.
3. Various
amendments are made regarding the appointment of directors and registrars to
address the sharing of responsibility for the administration of the Act between
administrative authorities and the Minister.
4. Amendments
are made regarding complaints, inspections and investigations.
5. A
new Part providing for the imposition of administrative penalties is added to
the Act.
6. Provisions
providing for compliance orders as an enforcement mechanism are added to the
Act.
7. Various
amendments are made to the French version of the Act, including amendments to
replace the term “crématoire” with “crématorium”.
8. Various
other technical amendments are made.
SCHEDULE 12
HEALING ARTS RADIATION PROTECTION ACT
The
Schedule amends the Healing Arts Radiation Protection Act .
Section
4 of the Act is amended to require X-ray owner applicants to include their
current email address and any information prescribed by the regulations in an
application under that section. A related regulation-making power is set out.
Section
27 of the Act is amended to provide for service of certain documents to be
delivered by electronic means or by other methods that may be prescribed under
the regulations.
SCHEDULE 13
IGAMING ONTARIO ACT, 2024
The
Schedule amends the iGaming Ontario Act, 2024 so
that certain powers of the Corporation under that Act are subject to limits
imposed by
section 11.0.1 of the Ministry of
Infrastructure Act, 2011 .
SCHEDULE 14
LIQUOR CONTROL BOARD OF ONTARIO ACT, 2019
The
Schedule amends the Liquor Control Board of Ontario Act,
2019 so that certain powers of the LCBO under that Act are subject to
limits imposed by
section 11.0.1 of the Ministry of
Infrastructure Act, 2011 .
SCHEDULE 15
LIQUOR LICENCE AND CONTROL ACT, 2019
The
Schedule amends various provisions of the Liquor Licence
and Control Act, 2019 to permit the possession and consumption of open
liquor in designated public areas in operating provincial parks. Additionally,
the French version of subsection 59 (2) of the Act is amended to address an
inaccuracy in the translation of the phrase “information under oath”.
SCHEDULE 16
MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020
The
Schedule amends the Modernizing Ontario for People and
Businesses Act, 2020 to authorize the Minister to collect, use, and
disclose personal information for the purpose of facilitating public
consultation with respect to burdens or proposed instruments governed by the Act.
SCHEDULE 17
MOTORIZED SNOW VEHICLES ACT
The
Schedule amends the Motorized Snow Vehicles Act to
provide that additional classes of vehicles may be prescribed as “motorized
snow vehicles”.
SCHEDULE 18
MUNICIPAL ACT, 2001
The
Schedule amends the Municipal Act, 2001 .
Currently,
section 295 requires the treasurer of the municipality to publish a copy of the
municipality’s audited financial statements and related documentation in a
newspaper having general circulation in the municipality within 60 days after
receiving those statements. The treasurer may also provide copies of that
information in such other manner as the treasurer considers appropriate. The
treasurer is also required to provide a copy of the information to any taxpayer
or resident of the municipality upon request, at no cost, if the treasurer has
instead published a notice in the newspaper that the information will be made
available upon request.
Section
295 is re-enacted so that the treasurer is no longer required to post the
audited financial statements and related documentation, or a notice of such
information, in a newspaper having general circulation in the municipality, but
is instead required to post that information on a website of the municipality
within 60 days after receiving those statements. If the municipality does not
have a website, the treasurer must ensure the information is made available to
the public, at no cost.
SCHEDULE 19
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ACT, 2011
The
Schedule amends the Ontario Infrastructure and Lands
Corporation Act, 2011 to add district social services administration
boards established under the District Social Services
Administration Boards Act as eligible public organizations. The
Schedule
also makes a technical amendment to the French version of the Act.
SCHEDULE 20
RESOURCE RECOVERY AND CIRCULAR ECONOMY ACT, 2016
The
Schedule amends the Resource Recovery and Circular Economy
Act, 2016 . Here are some highlights:
Amendments
authorize the Minister to, by order, require the Resource Productivity and
Recovery Authority to collect certain information from persons who are required
to carry out responsibilities under
Part IV, or persons performing activities
that relate to resource recovery or waste reduction in Ontario, and provide the
information to the Minister. Information provided to the Minister must be kept
confidential, subject to certain exceptions.
Section
61 currently specifies various persons who may be required to carry out
responsibilities under
Part IV with respect to products in a designated class
and their primary packaging, including a person who meets prescribed conditions
in respect of a product or its primary packaging. The
section is amended to
provide that the prescribed conditions may include a condition that the person
has entered into an agreement with a brand holder or a person who has a
commercial connection to a product.
New
section 69.1 is added to allow for regulations to require persons who have
entered into an agreement with a brand holder or a person who has a commercial
connection to a product to offer to provide specified services with respect to
prescribed material, products or packaging to municipalities or other
prescribed entities.
SCHEDULE 21
ROYAL ONTARIO MUSEUM ACT
The
Schedule amends
section 4 of the Royal Ontario Museum Act .
The Board previously consisted of no more than 21 trustees. It now consists of no
fewer than 13 and no more than 21 trustees. Not fewer than seven and not more
than 15 of the trustees are appointed by the Lieutenant Governor in Council. Previously,
15 were appointed by the Lieutenant Governor in Council. When a vacancy on the
Board is filled under subsection 4 (5), the body that elected or appointed the
new trustee determines if the new trustee will hold office for the remainder of
the old trustee’s term or for a new term. Previously, the new trustee would
always hold office for the remainder of the old trustee’s term.
SCHEDULE 22
SUCCESSION LAW REFORM ACT
The
Schedule amends
section 51 of the Succession Law Reform
Act to provide that, in the event that a participant has designated a
person by instrument to receive a benefit payable under a plan on the
participant’s death, and that plan is being converted, renewed, replaced or
transferred, the participant’s attorney under a continuing power of attorney
for property or the participant’s guardian of property may make a designation
by instrument signed by the attorney or guardian in order to permit the same person
to be designated under the plan that results from the conversion, renewal, replacement
or transfer.
consequential amendment is made to
section 53 of the Act.
Bill 46 2025
Act to amend various Acts
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Your Service Act, 2022
Schedule 2
Children’s
Law Reform Act
Schedule 3
Christopher’s
Law (Sex Offender Registry), 2000
Schedule 4
City
of Toronto Act, 2006
Schedule 5
Consumer
Protection Act, 2002
Schedule 6
Consumer
Reporting Act
Schedule 7
Courts
of Justice Act
Schedule 8
Crown
Forest Sustainability Act, 1994
Schedule 9
Escheats
Act, 2015
Schedule 10
Fixing
Long-term Care Act, 2021
Schedule 11
Funeral,
Burial and Cremation Services Act, 2002
Schedule 12
Healing
Arts Radiation Protection Act
Schedule 13
iGaming
Ontario Act, 2024
Schedule 14
Liquor
Control Board of Ontario Act, 2019
Schedule 15
Liquor
Licence and Control Act, 2019
Schedule 16
Modernizing
Ontario for People and Businesses Act, 2020
Schedule 17
Motorized
Snow Vehicles Act
Schedule 18
Municipal
Act, 2001
Schedule 19
Ontario
Infrastructure and Lands Corporation Act, 2011
Schedule 20
Resource
Recovery and Circular Economy Act, 2016
Schedule 21
Royal
Ontario Museum Act
Schedule 22
Succession
Law Reform Act
Preamble
The
Government of Ontario is committed to protecting Ontario by cutting red tape to
save people and businesses time and money and to support better services and a
stronger economy.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Protect
Ontario by Cutting Red Tape Act, 2025 .
SCHEDULE 1
AT YOUR SERVICE ACT, 2022
Subsection 5 (1) of the At Your Service Act, 2022 is
amended by striking out “Minister of Economic Development, Job Creation and
Trade” and substituting “Minister with responsibility for the administration of
this Act”.
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 2
CHILDREN’S LAW REFORM ACT
Section 17.6 of the Children’s Law Reform Act is
amended by striking out “an order” and substituting “a declaratory order”.
Part I of the Act is amended by adding the following section:
Parentage
determinations by Ontario Court of Justice
17.6.1
(1) Nothing
in this Part shall be read as limiting any authority of the Ontario Court of
Justice to make a determination of parentage if it is necessary to do so in
order to make a decision in a proceeding over which the Court has jurisdiction
but, for greater certainty, such a determination is not a declaration under
this Part.
Blood,
DNA tests
(2) The
Ontario Court of Justice may, on the application of a party in a proceeding
over which the Court has jurisdiction and in which the Court is required to
make a determination of parentage, give the party leave to obtain a blood test,
DNA test or any other test the Court considers appropriate of a person named in
the order granting leave and to submit the results in evidence in the
proceeding.
Same
(3) Subsections
17.2 (2) to (5) apply, with necessary modifications, with respect to an order
made under subsection (2).
Confidentiality
(4) For
greater certainty,
section 17.3 includes an application made under subsection
(2).
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 3
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
(1) Subsection 10 (1) of Christopher’s Law (Sex
Offender Registry), 2000 is amended by striking out “(3) and (3.1)” and
substituting “(3), (3.0.2) and (3.1)”.
(2) Subsection
10 (3) of the Act is repealed and the following substituted:
Same
(3) A
member of a police service and an employee of or person authorized by the
ministry for the purposes of this
section may disclose information contained in
the sex offender registry to an entity mentioned in subsection (3.0.1) for
crime prevention or law enforcement purposes and the entity may collect, retain
and use the information for crime prevention or law enforcement purposes.
Same,
entities
(3.0.1) The
entities to which information may be disclosed under subsection (3) are the
following:
1. Police
services.
2. Entities
that provide policing under the laws of other jurisdictions.
(3) Section
10 of the Act is amended by adding the following subsections:
Same,
prescribed entities
(3.0.2) An
employee of or person authorized by the ministry for the purposes of this
section may disclose information contained in the sex offender registry to an
entity prescribed for the purposes of this subsection for crime prevention or
law enforcement purposes and the entity may collect, retain and use the
information for crime prevention or law enforcement purposes.
Disclosure
to prescribed entities, agreement required
(3.0.3) Before
a person discloses information under subsection (3.0.2) to a prescribed entity,
the Ministry shall, in accordance with the regulations, if any, enter into an
agreement with the prescribed entity respecting the disclosure of the
information.
(4) Subsection
10 (4) of the Act is amended by striking out “(3) or (3.1)” and substituting
“(3), (3.0.2) or (3.1)”.
Section 14 of the Act is amended by adding the following clauses:
(h.7) prescribing
entities for the purpose of subsection 10 (3.0.2);
(h.8) governing
agreements entered into for the purposes of subsection 10 (3.0.3);
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on a day to be named by order of the Lieutenant Governor in
Council.
(2) Subsection
1 (2) comes into force on the day the Protect Ontario by
Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 4
CITY OF TORONTO ACT, 2006
Section 232 of the City of Toronto Act, 2006 is
repealed and the following substituted:
Publication
of financial statements
Within
60 days after receiving the audited financial statements of the City for the
previous year, the city treasurer shall post a copy of the audited financial
statements, the notes to the financial statements, the city auditor’s report
and the tax rate information for taxes imposed under any Part of this Act for
the current and previous year as contained in the financial review on a website
of the City.
Commencement
This
Schedule comes into force on January 1, 2026.
SCHEDULE 5
CONSUMER PROTECTION ACT, 2002
Section 47.1 of the Consumer Protection Act, 2002
is repealed and the following substituted:
Requirements
47.1
(1) Every
consumer agreement under which rewards points are provided shall be made,
renewed, amended or extended in accordance with the prescribed requirements.
Disclosure
of information
(2) Before
a consumer enters into a consumer agreement under which rewards points are
provided, a supplier shall disclose such information as may be prescribed to
the consumer and shall satisfy such requirements as may be prescribed with
respect to the disclosure of the information.
Expiry
of rewards points
(3) A
consumer agreement under which rewards points are provided shall not provide
for the expiry, cancellation or suspension of rewards points except in
accordance with the regulations.
Consumer’s
recourse
(4) If
a consumer is a party to a consumer agreement under which rewards points are
provided and the rewards points expire or are cancelled or suspended in a
manner that is not in accordance with this
section or the regulations, the
consumer may request that the supplier credit back to the consumer any rewards
points that were expired, cancelled or suspended.
Request
(5) A
request under subsection (4) shall be in writing, shall comply with the
requirements, if any, that are prescribed under subsection 92 (2) and shall be
given to the supplier, in the prescribed period, in accordance with
section 92.
Obligations
of rewards points supplier
(6) The
supplier of rewards points,
(
a) shall,
within the prescribed period, acknowledge the consumer’s request; and
(
b) if
the request meets the requirements of subsection (5), shall, within the
prescribed period,
(
i) credit
back to the consumer any rewards points, or
(ii) after
having conducted an investigation, send a written notice to the consumer
explaining the reasons why the supplier is of the opinion that the consumer is
not entitled to demand a credit back of rewards points under this Act.
Right
of action
(7) A
consumer may commence an action against a supplier of rewards points to recover
the rewards points to which the consumer is entitled under this section.
compensation
(8) No
supplier or other person is entitled to compensation as a result of the
enactment of
section 1 of
Schedule 5 to the Protect
Ontario by Cutting Red Tape Act, 2025 or any regulation made under
subsection (10).
expropriation or injurious affection
(9) Nothing
done or not done in accordance with this
section or the regulations under it
constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
Regulations
(10) In
addition to the power of the Lieutenant Governor in Council to make regulations
under
section 123, the Lieutenant Governor in Council may make regulations
governing matters relating to consumer agreements under which rewards points
are provided, including,
(
a) governing
the disclosure of information;
(
b) governing
the form and content of such agreements;
(
c) governing
the making, renewing, amending or extending of such agreements;
(
d) governing
the expiry, cancellation or suspension of rewards points, including,
(
i) the
obligations of suppliers and consumers in relation to the expiry, cancellation
or suspension of rewards points,
(ii) the
circumstances under which a supplier is prohibited from cancelling or
suspending rewards points, and
(iii) the
circumstances under which a supplier is prohibited from providing for the
expiry of rewards points;
(
e) governing
the credit back of rewards points;
(
f) prescribing
periods of time for the purposes of subsection (5) and clauses (6) (
a) and (b);
(
g) governing
transitional matters that, in the opinion of the Lieutenant Governor in
Council, are necessary or desirable to facilitate the implementation of
section
47.1, as it reads on the day
section 1 of
Schedule 5 to the Protect Ontario by Cutting Red Tape Act, 2025 comes into
force.
Same,
application to existing consumer agreements
(11) A
regulation made under subsection (10) may, if it so provides,
(
a) specify
that the regulation applies to a consumer agreement or a related agreement that
was entered into before the day the regulation is filed, including a consumer
agreement or a related agreement that was entered into before the day the Protect Ontario by Cutting Red Tape Act, 2025 received
Royal Assent;
(
b) specify
that
section 47.1, as it reads on the day
section 1 of
Schedule 5 to the Protect Ontario by Cutting Red Tape Act, 2025 comes into
force, applies to a consumer agreement or a related agreement that was entered
into before the day the regulation is filed, including a consumer agreement or
a related agreement that was entered into before the day the Protect Ontario by Cutting Red Tape Act, 2025 received
Royal Assent.
Same,
modification, extinguishment of rights
(12) For
clarity, a regulation that provides that it or
section 47.1, as it reads on the
day
section 1 of
Schedule 5 to the Protect Ontario by
Cutting Red Tape Act, 2025 comes into force, applies to a consumer
agreement or related agreement that was entered into before the day the
regulation is filed, including a consumer agreement or related agreement that
was entered into before the day the Protect Ontario by
Cutting Red Tape Act, 2025 received Royal Assent, may, if the regulation
so provides, have the effect of modifying or extinguishing any right,
obligation or interest acquired or accrued under the agreement or related
agreement.
Subclause 116 (1) (b) (iii) of the Act is amended by striking out “47.1 (1),
(5) and (6)” at the end and substituting “47.1 (1), (3) and (6)”.
Protecting
Rewards Points Act (Consumer Protection Amendment), 2016
Subsection 2 (2) of the Protecting Rewards Points Act
(Consumer Protection Amendment), 2016 is repealed.
Putting
Consumers First Act (Consumer Protection Statute Law Amendment), 2017
Subsection 19 (2) of
Schedule 2 to the Putting Consumers
First Act (Consumer Protection Statute Law Amendment), 2017 is repealed.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on a day to be named by order of the Lieutenant Governor in
Council.
(2) Sections
3 and 4 come into force on the day the Protect Ontario by
Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 6
CONSUMER REPORTING ACT
(1) Paragraph 3 of subsection 12 (3) of the Consumer
Reporting Act , as re-enacted by subsection 3 (1) of
Schedule 2 to the Better for Consumers, Better for Businesses Act, 2023 , is
amended by striking out “name, telephone number and email address” and
substituting “name and telephone number”.
(2) Subparagraph
4 i of subsection 12 (3) of the Act, as re-enacted by subsection 3 (1) of
Schedule 2 to the Better for Consumers, Better for
Businesses Act, 2023 , is amended by striking out “names, telephone
numbers and email addresses” and substituting “names and telephone numbers”.
Commencement
This
Schedule comes into force on the later of the day
section 5 of the Access to Consumer Credit Reports and Elevator Availability Act,
2018 comes into force and the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 7
COURTS OF JUSTICE ACT
Clause 21 (2) (
c) of the Courts of Justice Act is
repealed and the following substituted:
(
c) is
in a matter or class of matters that the Chief Justice of the Superior Court of
Justice or a judge designated by the Chief Justice is satisfied, from the
nature of the issues involved or the necessity for expedition, can and ought to
be heard and determined by one judge.
Subsection 68.1 (4) of the Act is repealed.
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 8
CROWN FOREST SUSTAINABILITY ACT, 1994
The definition of “Minister” in
section 3 of the Crown
Forest Sustainability Act, 1994 is amended by striking out “Minister of
Northern Development, Mines, Natural Resources and Forestry” and substituting
“Minister of Natural Resources”.
(1) Clauses 41.2 (1) (
c) and (c.1) of the Act are repealed and the
following substituted:
(
c) the
granting of a forest resource licence, or the issuance of a permit or an
authorization, in respect of land that is already subject to a forest resource
licence;
(c.1) the
termination or suspension of a forest resource licence or of licensee rights
under
section 41.6 or regulations made for the purposes of that section;
(2) Subsection
41.2 (1) of the Act is amended by adding the following clause:
(d.1) the
making of authorizing regulations for the purposes of
Part III.1;
(3) Subsection
41.2 (5) of the Act is repealed and the following substituted:
costs awarded
(5) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
The heading to
Part III.1 of the Act is repealed and the following substituted:
PART III.1
REMOVAL OF FOREST RESOURCES
Part III.1 of the Act is amended by adding the following section:
Definition
41.2.1 In this Part,
“authorizing
regulation” means a regulation made for the purposes of clause 41.3 (1) (b).
Sections 41.3 and 41.4 of the Act are repealed and the following substituted:
Removal
of forest resources
41.3
(1) A person
may remove forest resources that are in a Crown forest for the purpose of
allowing an activity other than a forest operation to be carried out on the
land that requires the forest resources to be removed,
(
a) in
accordance with a permit; or
(
b) in
the circumstances prescribed by, and in accordance with, the regulations,
subject to subsection 41.6.1 (3).
Exempt
from sustainability requirement
(2) No
decision or action of the Minister under this Part, and no action taken under a
permit or in accordance with an authorizing regulation, is,
(
a) a
forest operation within the meaning of this Act; or
(
b) subject
to a requirement to provide for the sustainability of a Crown forest.
Forest
Management Planning Manual, etc., not applicable
(3) Neither
the issuance of a permit, nor any action taken under a permit or in accordance
with an authorizing regulation, is subject to the requirements of,
(
a) the
Forest Management Planning Manual;
(
b) a
forest management plan approved under
section 9;
(
c) a
forest operations prescription prepared and certified under
section 16;
(
d) a
work
schedule prepared or revised under
section 17; or
(e) subsection
42 (1).
Permits
41.4
(1) The
Minister may, subject to subsections 41.6 (2) and 41.6.1 (2), issue a permit to
a person to remove forest resources that are in a Crown forest for the purpose
of allowing an activity other than a forest operation to be carried out on the
land that requires the forest resources to be removed.
Considerations
(2) In
determining whether to issue a permit, the Minister shall,
(
a) have
regard for the plant life, animal life, water, soil, air and social and
economic values, including recreational values and heritage values, of the
Crown forest; and
(
b) consider
whether the permit could adversely impact established or asserted aboriginal
and treaty rights and whether any consultation with Indigenous communities is
required.
Subsection 41.5 (4) of the Act is repealed.
(1) Subsection 41.6 (3) of the Act is amended by adding “Except as
otherwise provided by the regulations” at the beginning.
(2) Section
41.6 of the Act is amended by adding the following subsections:
Same
(4) Regulations
made for the purposes of subsection (3) may provide that the issuance of a
permit,
(
a) does
not terminate the licence or rights; or
(
b) suspends,
rather than terminates, the licence and rights to the extent referred to in
that subsection, for the period determined under the regulations.
Authorizing
regulation
(5) If
it so provides, an authorizing regulation applies with respect to land that is
subject to a forest resource licence.
Effect
of removal under authorizing regulation
(6) An
authorizing regulation that applies with respect to land that is subject to a
forest resource licence may provide for,
(
a) the
termination of the licence in respect of the land to which the regulation
applies and of all rights of the licensee in respect of forest resources on the
land; or
(
b) the
suspension of the licence in respect of the land to which the regulation
applies and of all rights of the licensee in respect of forest resources on the
land, for the period determined under the regulation.
The Act is amended by adding the following section:
Outstanding
approval, etc.
41.6.1
(1) This
section applies if the person who wishes to remove forest resources for the
purpose of allowing an activity to be carried out is required under any of the
following Acts to obtain an approval or satisfy conditions or other requirements
in order to proceed with the activity:
1. The
Aggregate Resources Act .
2. The
Environmental Assessment Act .
3. The
Impact Assessment Act (Canada).
4. The
Lakes and Rivers Improvement Act .
5. The
Mining Act .
6. The
Public Lands Act .
7. An
Act of Ontario or of Canada prescribed by the regulations.
Same,
permit issuance
(2) A
permit shall not be issued to the person unless the person has met the
requirements referred to in subsection (1) of at least one of the Acts referred
to in that subsection.
Same,
authorizing regulation
(3) An
authorizing regulation does not apply with respect to the person unless the
person has met the requirements referred to in subsection (1) of at least one
of the Acts referred to in that subsection.
Section 41.7 of the Act is amended by adding “or in accordance with an
authorizing regulation” after “under a permit”.
Section 41.8 of the Act is repealed and the following substituted:
Prices
and charges for removal
41.8
(1) The
Minister may determine, from time to time, the prices, forestry futures charges
and forest renewal charges payable by a permittee or person to whom an
authorizing regulation applies for the removal of forest resources.
Same
(2) The
prices and charges determined under subsection (1) shall be paid in the
amounts, in the manner and within the times required by the Minister.
Effective
date
(3) A
determination under subsection (1) may be made to apply retroactively to April
1 or any later date in the year in which the determination is made.
Payment
of Crown charges for removal
41.8.1
(1) Crown
charges in respect of the removal of forest resources shall be paid by the
permittee or person to whom an authorizing regulation applies whether the
resources are removed by the permittee or person or by someone else with or
without the permittee or person’s consent.
Property
in resources, permit
(2) On
payment by a permittee of all Crown charges referred to in subsection (1),
property in forest resources that have been removed in the land to which the
permit relates during the term of the permit vests in the permittee, whether
the resources were removed by the permittee or by someone else with or without
the permittee’s consent.
Property
in resources, authorizing regulation
(3) On
payment by a person to whom an authorizing regulation applies of all Crown
charges referred to in subsection (1), property in forest resources that have
been removed in the land to which the regulation relates while the removal was
subject to the regulation vests in the person, whether the resources were
removed by the person or by someone else with or without the person’s consent.
Seizure
of resources
(4) A
permittee or person to whom an authorizing regulation applies who has paid all
Crown charges referred to in subsection (1) is entitled to seize all forest
resources that have been removed during the term of the permit or while the
removal was subject to the authorizing regulation and that are in the
possession of someone not entitled to them.
Right
of action
(5) A
permittee or person to whom an authorizing regulation applies who has paid all
Crown charges referred to in subsection (1) is entitled to bring an action
against anyone who, during the term of the permit or while the removal was
subject to the authorizing regulation, removed, damaged or otherwise took
possession of forest resources without the permission of the permittee or
person.
(1) Subsection 41.13 (1) of the Act is amended by striking out “A
permittee who removes forest resources under the authority of a permit” at the
beginning and substituting “A person who removes forest resources under a
permit or in accordance with an authorizing regulation”.
(2) Subsection
41.13 (2) of the Act is amended by striking out “A permittee” at the beginning
and substituting “The person”.
(3) Subsection
41.13 (3) of the Act is repealed and the following substituted:
Exceptions
(3) Despite
subsections (1) and (2),
(
a) the
Minister may direct a permittee that forest resources be measured, counted or
weighed at such place and in such manner as the Minister may direct; and
(
b) an
authorizing regulation may provide that forest resources removed in accordance
with the regulation be measured, counted or weighed at such place and in such
manner as the regulation specifies.
Section 57 of the Act is repealed and the following substituted:
Compliance
order, etc.
(1) If,
in the opinion of the Minister, a person has failed to comply with a forest
resource licence or a permit or authorizing regulation under
Part III.1, the
Minister may,
(
a) order
the person to take such action as the Minister directs to carry out the
obligations imposed by the licence, permit or regulation;
(
b) take
such action as the Minister considers necessary to carry out the obligations
imposed by the licence, permit or regulation; or
(
c) in
the case of a permit or authorizing regulation, order the person to stop
removal activities authorized by the permit or regulation.
Costs
(2) The
person who failed to comply with the licence, permit or authorizing regulation
is liable to the Minister for all costs associated with action taken by the
Minister under clause (1) (b).
Subsection 63 (1) of the Act is amended by striking out “a forest resource
licence or a permit” and substituting “a forest resource licence, a permit or
an authorizing regulation under
Part III.1”.
Clause 64 (1) (
b) of the Act is amended by striking out “a permit or an
authorization” and substituting “a permit, an authorizing regulation under
Part
III.1 or an authorization”.
(1) Paragraphs 16 and 16.1 of subsection 69 (1) of the Act are
repealed and the following substituted:
16. governing
the removal of forest resources in Crown forests for the purposes of
Part
III.1, including,
i. defining
or clarifying the meaning of “remove” or “transport” for the purposes of the
Part,
ii. governing
permits, including prescribing the records to be kept by permittees and former
iii. for
the purposes of clause 41.3 (1) (b),
A. setting
out the circumstances in which a person may remove forest resources that are in
a Crown forest for the purpose of allowing an activity other than a forest
operation to be carried out on the land that requires the forest resources to
be removed,
B. specifying
conditions or restrictions on the removal of forest resources in the prescribed
circumstances, including,
1. requiring
the person to keep records, and governing the requirements,
2. requiring
the person to provide notice, information, reports, records or other documents
to the Ministry, and governing the requirements,
3. requiring
the payment of fees, and governing their determination and payment,
C. respecting
any other matter referred to in the Part as being done or provided for by an
authorizing regulation,
iv. for
the purposes of subsections 41.6 (3) and (4), providing for the determination
of whether a licence or the rights referred to in subsection 41.6 (3) should
not be terminated or whether they should instead be suspended to the extent
referred to in that subsection, and governing any suspension,
v. for
the purposes of subsection 41.6 (6), providing for the determination of whether
a licence or the rights referred to in that subsection should be terminated or
suspended, and governing any termination or suspension;
(2) Subsection
69 (1) of the Act is amended by adding the following paragraph:
33. providing
for transitional matters arising from amendments made to this Act or from the
making of regulations under this Act.
(3) Section
69 of the Act is amended by adding the following subsection:
Subdelegation
(3.1) A
regulation under subparagraph 16 iv or v of subsection (1) may authorize the
Minister to determine any matter that may be determined by the Lieutenant
Governor in Council under that subparagraph.
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 9
ESCHEATS ACT, 2015
The Escheats Act, 2015 is amended by adding the
following section:
Validity
of particular agreement
8.1
(1) For
greater certainty, despite anything in this Act or the Forfeited
Corporate Property Act, 2015 , the agreement between the Public Guardian
and Trustee and IAMGOLD Corporation, dated June 24, 2021, is valid and
effective.
compensation
(2) No
person is entitled to any compensation or any other remedy or relief as a
result of the enactment of subsection (1).
Commencement
This
Schedule is deemed to have come into force on June 24, 2021.
SCHEDULE 10
FIXING LONG-TERM CARE ACT, 2021
Section 180 of the Fixing Long-Term Care Act, 2021
is repealed and the following substituted:
Reports,
etc. to be public
(1) The Director shall ensure that
every item mentioned in Column 1 of the Table to this subsection is published
as soon as is reasonably possible, having regard to the circumstances, after
the event set out opposite the item in Column 2 of the Table.
Item
Column
Item to be published
Column
Event
Direction
under subsection 56 (1)
Making
of the direction
Inspection
report under
section 152
Completion
of the inspection report
Order
under this Part
Making
of the order
Written
notification under subsection 154 (1)
Issuing
of the notification
Written
plan for achieving compliance that the Director has ordered in accordance
with clause 155 (1) (
b) following a referral under paragraph 4 of subsection
154 (1)
Receipt
of the plan by the Director
Form,
format
(2) An
item mentioned in Column 1 of the Table to subsection (1) may be published in
any format or manner that the Director considers appropriate.
Duration
of publication, reports etc.
(3) An
item required to be published under subsection (1) shall remain available to
the public for a period of at least three years following the day on which the
item is first published.
Existing
reports, etc.
(4) The
Director may cease publication of any item mentioned in Column 1 of the Table
to subsection (1), whether it was published before or after the day
section 1
of
Schedule 10 to the Protect Ontario by Cutting Red Tape
Act, 2025 comes into force, if the item has remained available to the
public for a period of at least three years.
Direction
or order while in effect
(5) Despite
subsections (3) and (4), a direction under subsection 56 (1), an order under
subsection 157 (1) or an order under subsection 159 (1) to suspend a licence
shall remain available to the public for a period of at least three years
following the day on which the direction or order, as the case may be, ceases
to be in effect.
Information
about administrative penalties, etc.
(6) The
Director may publish, in any format or manner the Director considers
appropriate, information that is not otherwise published under subsection
(1) respecting any of the following:
1. An
administrative penalty issued under this Act.
2. A
conviction under this Act.
3. A
penalty imposed on conviction under this Act.
Duration
of publication, penalties etc.
(7) If
the Director publishes information respecting a penalty or conviction mentioned
in subsection (6), the Director shall publish the information as soon as
reasonably possible, having regard to the circumstances, after the
administrative penalty is issued, the conviction occurs or the penalty on
conviction is imposed, as the case may be, and continue to make it available to
the public for a period of at least three years following the day on which the
information is first published.
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 11
FUNERAL, BURIAL AND CREMATION SERVICES ACT, 2002
(1) Subsection 1 (1) of the Funeral, Burial and
Cremation Services Act, 2002 is amended by adding the following
definitions:
“administrative authority” means an
administrative authority as designated under
section 3 of the Safety
and Consumer Statutes Administration Act, 1996 for the purpose of administering a designated provision; (“organisme
d’application”)
“designated provision” means, subject to
subsection (5), a provision of this Act or the regulations that is designated
legislation within the meaning of the Safety and Consumer
Statutes Administration Act, 1996 ; (“disposition
désignée”)
(2) The
French version of the
definitions of “crematorium” and “crematorium services”
in subsection 1 (1) of the Act are repealed and the following substituted:
«crématorium»
Bâtiment doté d’appareils pour la crémation de restes humains qui a été
approuvé ou créé en tant que tel conformément aux exigences de la présente loi
ou d’une loi qu’elle remplace. S’entend en outre de tout ce qui y est
nécessairement accessoire ou connexe à cette fin. («crematorium»)
«services
de crématorium» Les services fournis en ce qui concerne la crémation de corps
d’êtres humains décédés et, en outre, les services prescrits. («crematorium
services»)
(3) The
definition of “income” in subsection 1 (1) of the Act is amended by striking
out “or 56” at the end.
(4) The definition of “Minister” in
subsection 1 (1) of the Act is amended by striking out “Minister of Government
Services” and substituting “Minister of Public and Business Service Delivery
and Procurement”.
(5) Subsection
1 (1) of the Act is amended by adding the following definition:
“non -designated provision” means, subject to
subsection (5), a provision of this Act or the regulations that is not a
designated provision; (“disposition non désignée”)
(6) The definition of “registrar” in
subsection 1 (1) of the Act is repealed.
(7) Section
1 of the Act is amended by adding the following subsection:
Requirement under this Act
(3) A reference in this Act or the
regulations to the contravention of, compliance with or failure to comply with
a requirement under this Act is a reference to the contravention of, compliance
with or failure to comply with, as the case may be, any of the following:
1. A
provision of this Act or the regulations.
2. Any
decision permitted or required in this Act or the regulations, including a direction,
order, declaration or imposition of a condition.
3. The
terms of a site disposition agreement or any other prescribed type of agreement
entered into under this Act.
(8) Section 1 of the Act is amended by
adding the following subsections:
Director, registrar
(4) In this Act, subject to subsection
(5) and unless the context suggests otherwise,
(
a) a
reference to the director in a designated provision is a reference to the director appointed under
section 2 for
the purpose of administering the provision;
(
b) a
reference to the director in a non-designated provision is a reference to the director appointed under
section
2.1 for the purpose of administering the provision;
(
c) a
reference to the registrar in a designated provision is a reference to the registrar appointed under
section
3 for the purpose of administering the
provision; and
(
d) a
reference to the registrar in a non-designated provision is a reference to the registrar appointed under
section
3.1 for the purpose of administering the provision.
When part of administration specified
(5) If the Lieutenant Governor in
Council designates an administrative authority under the Safety
and Consumer Statutes Administration Act, 1996 for the purpose of
administering a designated provision but specifies in the designation that the
designation is only in respect of a part of the provision’s administration,
(
a) any
reference to the designated provision in respect of which the administrative
authority has been designated shall be read as a reference to that provision as limited by that
specification;
(
b) the
remaining parts of the administration of the provision that are not designated
as administered by an administrative authority shall be deemed to be
administration of a
non-designated provision;
(
c) any
reference to the provision as it relates to the administration of the parts mentioned in clause (
b) shall be
deemed to be a reference to a non-designated provision; and
(
d) any
reference to a director or registrar in the provision shall be read as,
(
i) if
in the context of the administration of the designated provision, a reference
to the applicable director appointed under
section 2 or registrar appointed
under
section 3, as the case may be, and
(ii) if
in the context of the administration of the non-designated provision, a
reference to the applicable director appointed under
section 2.1 or registrar
appointed under
section 3.1, as the case may be.
(1) The French version of the Act is amended by striking out
“crématoire” wherever it appears and substituting in each case “crématorium”.
(2) The
French version of the Act is amended by striking out “crématoires” wherever it
appears and substituting in each case “crématoriums”.
(1) Subsection 2 (1) of the Act is repealed and the following
substituted:
Directors,
appointed by administrative authority
(1) Subject
to subsection (2), the board of an administrative authority shall appoint one
or more directors for the purposes of administering designated provisions of
the administrative authority and may appoint one or more deputy directors.
(2) Subsection
2 (2) of the Act is amended by striking out “3 (1)” and substituting “3 (1) or
3.1 (1)”.
(3) Section
2 of the Act is amended by adding the following subsections:
Policies
(5) The
director may establish written policies regarding the
interpretation and
administration of the powers and duties imposed on the director under this Act.
Same,
publication
(6) If
the director makes available to the public one or more written policies made
under subsection (5), the director shall comply with prescribed requirements
respecting publication, if any.
The Act is amended by adding the following section:
Directors,
appointed by Minister
2.1
(1) Subject
to subsection (2), the Minister shall appoint one or more directors for the
purposes of administering non-designated provisions and may appoint one or more
deputy directors.
Director
cannot be registrar
(2) A
person appointed as a registrar or a deputy registrar under subsection 3 (1) or
3.1 (1) shall not be appointed as a director or a deputy director under
subsection (1) of this section.
Application
of s. 2 (3) to (6)
(3) Subsections
2 (3) to (6) apply in respect of directors and deputy directors appointed under
this section.
(1) Subsection 3 (1) of the Act is repealed and the following
substituted:
Registrars,
appointed by administrative authority
(1) Subject
to subsection (2), the board of an administrative authority shall appoint one
or more registrars for the purposes of administering designated provisions of
the administrative authority and may appoint one or more deputy registrars.
(2) Subsection
3 (2) of the Act is amended by striking out “2 (1)” and substituting “2 (1) or
2.1 (1)”.
(3) Subsection
3 (5) of the Act is repealed and the following substituted:
Policies
(5) The
registrar may establish written policies regarding the
interpretation and administration
of the powers and duties imposed on the registrar under this Act.
Same,
publication
(6) If
the registrar makes available to the public one or more written policies made
under subsection (5), the registrar shall comply with prescribed requirements
respecting publication, if any.
The Act is amended by adding the following section:
Registrars,
appointed by deputy minister
3.1
(1) Subject
to subsection (2), the deputy minister to the Minister shall appoint one or
more registrars for the purposes of administering non-designated provisions and
may appoint one or more deputy registrars.
Registrar
cannot be director
(2) A
person appointed as a director or a deputy director under subsection 2 (1) or
2.1 (1) shall not be appointed as a registrar or a deputy registrar under
subsection (1) of this section.
Application
of s. 3 (3) to (6)
(3) Subsections
3 (3) to (6) apply in respect of registrars and deputy registrars appointed
under this section.
Part III of the Act is amended by adding the following section:
Requirement
for authorization before the provision of licensed supplies or services
3.1.1
(1) No
operator shall provide a prescribed licensed supply or service in respect of
human remains unless the operator has received authorization to do so from the
person or entity who has such authority in respect of the human remains as
determined in accordance with the regulations.
Same
(2) For
clarity, subsection (1) operates to prohibit an operator from providing a
prescribed licensed supply or service without an authorization under that
section even if an interment rights holder has directed or consented to the
interment of the human remains or a scattering rights holder has directed or
consented to the scattering of the cremated human remains.
Application
to court
(3) A
person or entity may apply to the Superior Court of Justice for an order
determining whether the person or entity, or any other party to the
proceedings, has the authority in respect of human remains for the purposes of
subsection (1) and, upon the application, the court may make such order as the
court thinks fit after taking into account such factors as may be prescribed.
Same
(4) For
greater certainty, the Superior Court of Justice may make an order determining
that a person or entity other than the person or entity determined in
accordance with the regulations referred to in subsection (1) has the authority
in respect of human remains for the purposes of that subsection.
Same,
order
(5) If
the Superior Court of Justice makes an order under subsection (3) determining
that a person or entity has the authority in respect of human remains, that
person or entity is deemed to be the person or entity who has such authority
for the purposes of subsection (1) until such time as the person or entity is
no longer deemed to have such authority as may be determined in accordance with
the regulations.
Protection
from liability
(6) No
cause of action arises against an operator as a result of the operator acting
on the basis of an authorization received under subsection (1) unless the
operator knew, or ought to have known, that,
(
a) the
facts stated in the authorization were not true; or
(
b) the
person or entity giving the authorization to the operator did not have the
authority to do so.
Proceedings
barred
(7) No
proceeding that is based on a cause of action referred to in subsection (6) may
be brought against an operator.
Section 13 of the Act is repealed.
Subsection 52 (3) of the Act is amended by striking out “or 56” at the end.
Paragraph 5 of subsection 64 (2) of the Act is repealed and the following
substituted:
5. Fix
and impose costs to be paid by the licensee to the Minister of Finance or to
such other person as may be prescribed by the Minister under clause 112 (1)
(b.2).
Section 65 of the Act is repealed.
Sections 66 to 69 of the Act are repealed and the following substituted:
Complaints
(1) The
registrar may,
(
a) receive
complaints concerning conduct that may be in contravention of a requirement
under this Act;
(
b) make
inquiries, gather information or make written requests for information from any
person regarding a complaint described in clause (a); and
(
c) attempt
to mediate or resolve a complaint described in clause (a).
Request
for information
(2) An
inquiry or written request made under clause (1) (
b) shall indicate the nature
of the complaint.
Duty
to comply
(3) A
person who receives an inquiry or written request under clause (1) (
b) shall
provide the requested information to the registrar.
Registrar’s
powers
(4) If
the registrar is of the opinion, whether as a result of a complaint or
otherwise, that a person has contravened a requirement under this Act, the
registrar may do any of the following, as the registrar considers appropriate:
1. Give
the person a written warning, stating that if the person continues to engage in
the activity that resulted in the alleged contravention, action may be taken
against the person.
2. If
the person is a licensee, require by written direction that the licensee attend
a specified educational program or ensure that a person prescribed for the
purposes of clause 14 (1) (
g) attends a specified educational program.
3. If
the person is a licensee, refer the matter, in whole or in part, to a
discipline committee.
4. If
the person is a licensee or an applicant for a licence, take an action under
section
17, subject to
section 18.
5. Take
further action in accordance with this Act.
Inspection
(1) The
registrar or a person designated in writing by the registrar may conduct an
inspection in accordance with this
section for the purposes of,
(
a) ensuring
compliance with a requirement under this Act;
(
b) dealing
with a complaint under
section 66; or
(
c) if
applicable, ensuring that a licensee remains entitled to be licensed or that an
applicant for a licence is entitled to be licensed under this Act.
Power
to enter premises
(2) For
the purposes of subsection (1), an inspector may, without a warrant or court
order, enter and inspect at any reasonable time the business premises of a
licensee or an applicant for a licence under this Act, or any premises in
relation to which any of sections 94 to 100 apply.
Dwellings
(3) Subsection
(2) does not authorize entry of a dwelling without the consent of the occupier.
Expert
(4) An
inspector conducting an inspection may be accompanied by one or more persons
with special, expert or professional knowledge, and any other persons as
necessary, as the inspector considers advisable.
Powers
of inspector
(5) While
carrying out an inspection, an inspector,
(
a) may
review, examine or test anything relevant to the inspection and may require a
person described in subsection (4) to conduct the review, examination or test
in the time, manner and form specified by the inspector;
(
b) is
entitled to free access to all money, valuables, documents, records, equipment,
supplies, substances, artifacts, materials and any other things or information
relevant to the inspection;
(
c) may
take photographs, video recordings or other recordings that are relevant to the
inspection;
(
d) may
use any data storage, processing or retrieval device or system used in carrying
on business to produce information that is relevant to the inspection and that
is in any form;
(
e) may,
upon giving a receipt for them, remove for review, examination, testing or
copying anything relevant to the inspection;
(
f) may
require a person to produce information or anything else relevant to the
inspection;
(
g) may
prohibit persons from entering premises or using anything else for a reasonable
period of time for the purposes of carrying out a review, examination or test
relevant to the inspection; and
(
h) may
make reasonable inquiries of any person, orally or in writing, with respect to
anything relevant to the inspection.
Limitation
re photographs and recordings
(6) A
photograph or recording made under clause (5) (
c) must be made in a manner that
does not intercept any private communication and that accords with reasonable
expectations of privacy.
Written
demand
(7) A
demand that anything be produced for inspection must be in writing and must
state the nature of the thing required and when it is to be produced.
Obligation
to produce and assist
(8) If
an inspector demands that something be produced for inspection, the person
having custody of the thing shall produce it for the inspector within the time
provided for in the demand, and shall, upon the inspector’s demand,
(
a) provide
whatever assistance is reasonably necessary to produce information or any other
thing in a readable form, including using any data storage, processing or
retrieval device or system; and
(
b) provide
whatever assistance is reasonably necessary to interpret a record or other
thing for the inspector.
Return
of things
(9) Anything
that has been removed for review, testing, examination or copying,
(
a) shall
be made available to the person from whom it was removed on request and at a
time and place that are convenient for the person and for the inspector; and
(
b) shall
be returned to the person within a reasonable time.
Identification
(10) An
inspector shall produce, on request, evidence of their authority to carry out
an inspection.
obstruction
(11) No
person shall obstruct an inspector conducting an inspection or a person
accompanying the inspector under subsection (4) or withhold from the inspector
or other person or conceal, alter or destroy any thing or information relevant
to the inspection.
Use
of force prohibited
(12) An
inspector shall not use force to enter and inspect premises under this section.
Admissibility
of copies
(13) A
copy of anything that purports to be certified by an inspector to be a true
copy of the original is admissible in evidence to the same extent as the
original and has the same evidentiary value.
Appointment
of investigators
(1) The
director may appoint persons to be investigators for the purposes of conducting
investigations.
Certificate
of appointment
(2) The
director who appoints an investigator under subsection (1) shall issue to the investigator
a certificate of appointment bearing the director’s signature or a facsimile of
the signature.
Production
of certificate of appointment
(3) Every
investigator who is conducting an investigation, including under
section 70,
shall, upon request, produce the certificate of appointment as an investigator.
(1) Subsection 70 (1) of the Act is repealed and the following
substituted:
warrant
(1) Upon
application made without notice by an investigator, a justice of the peace may
issue a warrant, if the justice of the peace is satisfied on information under
oath that there are reasonable grounds for believing both of the following:
1. A
person,
i. has
contravened or is contravening a requirement under this Act, or
ii. has
committed or is committing an offence under the law of any jurisdiction that is
relevant to the person’s fitness to be licensed under this Act.
2. There
is,
i. in
any building, dwelling, receptacle or place anything relating to the
contravention of a requirement under this Act or to the person’s fitness to be
licensed under this Act, or
ii. information
or evidence relating to the contravention of a requirement under this Act or
the person’s fitness to be licensed under this Act that may be obtained through
the use of an investigative technique or procedure or the doing of anything
described in the warrant.
(2) Subsection
70 (2) of the Act is amended by striking out the portion before clause (
a) and
substituting the following:
(2) Subject
to any conditions set out in a warrant obtained under subsection (1), the
warrant authorizes an investigator,
. . . .
Section 70.1 of the Act is repealed and the following substituted:
Seizure
of things not specified
70.1 An investigator who is
lawfully present in a place pursuant to a warrant or otherwise in the execution
of the investigator’s duties may, without a warrant, seize anything in plain
view that the investigator believes on reasonable grounds will afford evidence
relating to a contravention of any requirement under this Act or to a person’s
fitness to be licensed under this Act.
The Act is amended by adding the following Part:
PART IX.1
ADMINISTRATIVE PENALTIES
Definitions
71.2 In this Part,
“administrative
penalty” means an administrative penalty imposed under
section 71.4 or, if an
order under that
section is confirmed or varied under
section 71.5, the
administrative penalty as confirmed or varied under
section 71.5; (“pénalité
administrative”)
“assessor” means an assessor appointed under subsection
71.3 (2) who is authorized to impose an administrative penalty or the registrar
acting as an assessor. (“évaluateur”)
Registrar
is assessor
71.3
(1) The
registrar is, by virtue of the registrar’s office, an assessor.
Appointment
of assessors
(2) The
registrar mentioned in subsection (1) shall appoint in writing persons to be
assessors who are authorized to make an order under
section 71.4 imposing an
administrative penalty.
Order
for administrative penalty
71.4
(1) An
assessor may, by order, impose an administrative penalty against a person in
accordance with this
section and the regulations if the assessor is satisfied
that the person has contravened or is contravening,
(
a) a
prescribed provision of this Act or the regulations; or
(
b) a
condition of a licence, if the person is a licensee.
whom payable, prescribed provisions
(2) An
administrative penalty is payable to,
(
a) the
Minister of Finance, if it is imposed in respect of a contravention of a
non-designated provision; or
(
b) an
administrative authority, if it is imposed in respect of a contravention of a
designated provision of the administrative authority.
Same,
licence conditions
(3) For
the purposes of this section,
(
a) if
section 16 is a non-designated provision, an administrative penalty in respect
of a contravention of a condition of a licence is payable to the Minister of
Finance; and
(
b) if
section 16 is a designated provision in respect of an administrative authority,
an administrative penalty in respect of a contravention of a condition of a
licence is payable to the administrative authority.
Debt
(4) An
administrative penalty payable to the Minister of Finance or an administrative
authority is a debt due to the respective payee.
Purpose
(5) An
administrative penalty may be imposed under this
section for one or more of the
following purposes:
1. To
promote compliance with this Act and the regulations.
2. To
prevent a person from deriving, directly or indirectly, any economic benefit as
a result of contravening this Act or the regulations.
Amount
(6) The
amount of an administrative penalty shall reflect the purpose of the penalty
and shall be determined in accordance with the regulations, but the amount of
the penalty shall not exceed $25,000.
Form
of order
(7) An
order made under subsection (1) imposing an administrative penalty shall be in
the form that the registrar determines.
Service
of order
(8) The
order shall be served on the person against whom the administrative penalty is
imposed in the manner that the registrar determines.
Absolute
liability
(9) An
order made under subsection (1) imposing an administrative penalty against a
person applies even if,
(
a) the
person took all reasonable steps to prevent the contravention on which the
order is based; or
(
b) at
the time of the contravention, the person had an honest and reasonable belief
in a mistaken set of facts that, if true, would have rendered the contravention
innocent.
effect on offences
(10) For
greater certainty, nothing in subsection (9) affects the prosecution of an
offence.
Other
measures
(11) Subject
section 71.6, an administrative penalty may be imposed alone or in
conjunction with the exercise of any measure against a person provided by this
Act or the regulations, including but not limited to the application of
conditions to a licence, the suspension, immediate suspension or revocation of
a licence or the refusal to renew a licence.
Limitation
(12) An
assessor shall not make an order under subsection (1) more than two years after
the day the assessor became aware of the contravention on which the order is
based.
hearing required
(13) Subject
to the regulations, an assessor is not required to hold a hearing or to afford
a person an opportunity for a hearing before making an order under subsection
(1) against the person.
Non-application
of other Act
(14) The
Statutory Powers Procedure Act does not apply to an
order of an assessor made under subsection (1).
Appeal
71.5
(1) In this
section,
“appeal
body” means,
(
a) if
no person or entity is prescribed for the purposes of this section, the
Tribunal, or
(
b) if
a person or entity other than the Tribunal is prescribed for the purposes of
this
section to deal with appeals in respect of prescribed matters,
(
i) the
prescribed person or entity, for appeals in respect of the prescribed matters,
and
(ii) the
Tribunal, for appeals in respect of any other matter.
Same
(2) The
person against whom an order made under subsection 71.4 (1) imposes an
administrative penalty may appeal the order to the appeal body by mailing or
delivering a written request for an appeal to the appeal body within 15 days
after receiving the order.
no appeal
(3) If
the person does not appeal the order in accordance with subsection (2), the
order is confirmed.
Hearing
(4) If
the person appeals the order in accordance with subsection (2), the appeal body
shall hold a hearing and may, by order, confirm, revoke or vary the assessor’s
order and the appeal body may attach conditions to its order.
Parties
(5) The
assessor, the appellant and any other persons that the appeal body specifies
are parties to the appeal.
Immediate
effect
(6) Even
if the person appeals an order of the appeal body, the order takes effect
immediately, unless the order provides otherwise, but the Divisional Court may
grant a stay until the disposition of the appeal.
Effect
of paying penalty
71.6 If a person against
whom an order imposing an administrative penalty is made pays the penalty in
accordance with the terms of the order or, if the order is varied on appeal, in
accordance with the terms of the varied order, the person cannot be charged with
an offence under this Act in respect of the same contravention on which the
order is based and no other prescribed measure shall be taken against the
person in respect of the same contravention on which the order is based.
Enforcement
71.7
(1) If a
person against whom an order imposing an administrative penalty is made fails
to pay the penalty in accordance with the terms of the order or, if the order
is varied on appeal, in accordance with the terms of the varied order, either
or both of the following may occur:
1. The
order may be filed with the Superior Court of Justice and enforced as if it
were an order of the court.
2. The
director may, by order, create a lien against the property of the person that
is liable to pay the penalty.
Date
of order
(2) For
the purposes of
section 129 of the Courts of Justice Act ,
the date on which the order mentioned in paragraph 1 of subsection (1) is filed
with the court shall be deemed to be the date of the order.
Application
of s. 82
(3) Subsections
82 (2) to (6) apply to the lien mentioned in paragraph 2 of subsection (1) of
this section, with necessary modifications, as if it were a lien created by the
director under subsection 82 (1) and references to the fine shall be read as
references to the administrative penalty.
Clause 72 (2) (
b) of the Act is amended by adding “of a requirement” after
“contravention”.
Subclause 73 (1) (a) (
i) of the Act is amended by adding “of a requirement”
after “contravention”.
The Act is amended by adding the following sections:
Compliance
order, contents
73.1
(1) An order
made under
section 73.3 or 73.4 may direct a person to take specified actions or
to refrain from taking specified actions in order to comply with a requirement
under this Act and may require the person to do so within a time specified in
the order.
Same
(2) For
clarity, a direction under subsection (1) may include a requirement that a
person submit a plan to the director specifying the steps the person shall take
to come into compliance and to maintain compliance or to report on the person’s
compliance actions at specified times.
Definition,
ss. 73.3 and 73.4
73.2 In sections 73.3 and
73.4,
“appeal
body” means,
(
a) if
no person or entity is prescribed for the purposes of this section, the
Tribunal, or
(
b) if
a person or entity other than the Tribunal is prescribed for the purposes of
this
section to deal with appeals in respect of prescribed matters,
(
i) the
prescribed person or entity, for appeals in respect of the prescribed matters,
and
(ii) the
Tribunal, for appeals in respect of any other matter.
Proposed
compliance order
73.3
(1) If the
director believes on reasonable grounds that a person has contravened or might
reasonably be expected to contravene any requirement under this Act, the
director may propose to make an order described in
section 73.1.
Notice
(2) The
director shall serve on the person a notice of a proposed order described in
subsection (1) and written reasons for making it.
Request
for hearing
(3) The
notice shall include a statement that the person is entitled to a hearing by
the applicable appeal body if the person, within 15 days after the notice is
served, mails or delivers a written request for a hearing to the appeal body
and to the director.
hearing required
(4) The
director may make the order if the person does not request a hearing in
accordance with subsection (3).
Hearing
(5) If,
in accordance with subsection (3), the person requests a hearing, the appeal
body shall hold the hearing.
Order
of appeal body
(6) The
appeal body may order the director to make the proposed order or to refrain
from making the proposed order or may make an order of its own in substitution
for that of the director.
Conditions
(7) The
appeal body may attach to its order the conditions that it considers appropriate.
Parties
(8) The
parties to proceedings before the appeal body under this
section are the
director, the person who has requested the hearing and the other persons, if
any, that the appeal body specifies.
Immediate
compliance order
73.4
(1) If, in
the opinion of the director, it is in the public interest to do so, the
director may make an order requiring compliance with any requirement under this
Act.
Same
(2) The
order takes effect as soon as it is served, in accordance with subsection (3),
on the person named in it.
Notice
of order
(3) Upon
making an order for compliance under subsection (1), the director shall serve
on the person named in the order a notice that includes the following:
1. The
order and the written reasons for making it.
2. The
statement mentioned in subsection 73.3 (3).
Hearing
(4) If,
in accordance with the process described in the statement mentioned in
paragraph 2 of subsection (3), the person named in the order requests a
hearing, the appeal body shall hold the hearing.
Order
of appeal body
(5) The
appeal body may confirm or set aside the order or exercise all other powers
that it may exercise in a proceeding under
section 73.3.
Expiration
of order
(6) If,
in accordance with the process described in the statement mentioned in
paragraph 2 of subsection (3), the person named in the order requests a
hearing,
(
a) the
order expires 15 days after the appeal body receives the written request for a
hearing; or
(
b) the
appeal body may extend the time of expiration until the hearing is concluded,
if a hearing is commenced within the 15-day period mentioned in clause (a).
Same
(7) Despite
subsection (6), if the appeal body is satisfied that the conduct of the person
named in the order has delayed the commencement of the hearing, the appeal body
may extend the time of the expiration for the order,
(
a) until
the hearing commences; and
(
b) once
the hearing commences, until the hearing is concluded.
Parties
(8) The
parties to proceedings before the appeal body are the director, the person who
has requested the hearing and the other persons, if any, that the appeal body specifies.
Appeal
73.5
(1) Even if
a party to a proceeding before the Tribunal appeals, under
section 11 of the Licence Appeal Tribunal Act, 1999 , an order of the
Tribunal made under
section 73.3 or 73.4, the order takes effect immediately
but the Tribunal may grant a stay until the disposition of the appeal.
Same
(2) The
regulations may provide that, despite any appeal of an order of a prescribed
person or entity under
section 73.3 or 73.4, the order takes effect immediately
but the prescribed person or entity may grant a stay until the disposition of
the appeal.
Subsection 77 (1) of the Act is amended by adding “or” at the end of clause
(c), by striking out “or” at the end of clause (
d) and by repealing clause (e).
Subsection 78 (1) of the Act is amended by striking out “ this Act or the regulations or an order
made under this Act” and substituting “a requirement under this Act”.
Clauses 79 (1) (
a) to (
c) of the Act are repealed and the following
substituted:
(
a) furnishes
false information in any application under this Act or in any statement, return
or other material required under this Act; or
(
b) contravenes or fails to comply with a
requirement under this Act, other than a code of ethics established by the
Minister under
section 112 or an order made under
section 64.
Subsection 81 (3) of the Act is repealed.
The French version of subsections 83 (1) and (2) of the Act are amended by
striking out “pour créer, modifier ou agrandir un cimetière” wherever it
appears and substituting in each case “pour créer ou modifier un cimetière ou
augmenter la capacité d’un cimetière”.
The French version of subsection 84 (1) of the Act is amended by striking out
“l’agrandissement d’un cimetière” and substituting “l’augmentation de la
capacité d’un cimetière”.
(1) Clause 86 (1) (
d) of the Act is amended by striking out “in
compliance with the requirements of this Act and the regulations” and
substituting “in compliance with the requirements under this Act”.
(2) The
French version of subsections 86 (1) and (2) of the Act are amended by striking
out “l’agrandissement d’un cimetière” wherever it appears and substituting in
each case “l’augmentation de la capacité d’un cimetière”.
(3) The
French version of clause 86 (2) (
b) of the Act is amended by striking out
“d’agrandissement d’un cimetière” and substituting “d’augmentation de la
capacité d’un cimetière”.
(4) The
French version of subsection 86 (3) of the Act is amended by striking out
“d’agrandissement d’un cimetière” and substituting “d’augmentation de la
capacité d’un cimetière”.
(5) The
French version of subsection 86 (4) of the Act is amended by striking out “de
créer, de modifier ou d’agrandir un cimetière” and substituting “de créer ou de
modifier un cimetière ou d’augmenter la capacité d’un cimetière”.
(6) The
French version of subsection 86 (5) of the Act is amended by striking out
“d’agrandissement d’un cimetière” and substituting “d’augmentation de la
capacité d’un cimetière”.
(1) Subsection 88 (1) of the Act is repealed and the following
substituted:
Cemetery
closing
(1) A
cemetery owner may apply, in accordance with the regulations, to the registrar
for an order to close a cemetery.
(2) Clauses
88 (3) (
a) and (
b) of the Act are repealed and the following substituted:
(
a) no
interments or scatterings have been made in the cemetery to be closed;
(
b) no
interments or scatterings to be made in the cemetery to be closed have been
authorized under subsection 3.1.1 (1);
(
c) the
consent of all affected interment and scattering rights holders to the closing
of the cemetery has been obtained; and
(
d) such
other requirements, as may be prescribed, have been satisfied.
(1) Subsection 96 (1) of the Act is repealed and the following
substituted:
Investigation
into origins of site
(1) Subject
to the regulations, the registrar may order the owner of land on which a burial
site is discovered to, in accordance with any requirements specified by the
registrar, cause an investigation to be made to determine the origin of the
site.
(2) Subsection
96 (3) of the Act is repealed and the following substituted:
Requirements
re investigation
(3) A
person conducting an investigation shall do so,
(
a) with
the minimum disturbance to the site that is reasonable in the circumstances;
and
(
b) subject
to the regulations, in accordance with any other requirements as may be
specified by the registrar.
The French version of subsection 102.1 (3) of the Act is amended by striking
out “aux fins de l’enquête d’un coroner” and substituting “aux fins de son
investigation”.
Subsection 108 (3) of the Act is repealed.
(1) The French version of clause 109 (1) (c.1) of the Act is amended
by striking out “l’agrandissement d’un cimetière” and substituting “l’augmentation
de la capacité d’un cimetière”.
(2) Subsection
109 (1) of the Act is amended by striking out “or” at the end of clause (c.1),
by adding “or” at the end of clause (
d) and by adding the following clause:
(
e) any
other matter that is prescribed.
Section 111 of the Act is repealed and the following substituted:
Documents,
information to registrar
Subject
to the regulations, a person shall provide to the registrar such documents or
information as the registrar requests and shall comply with such requirements
as the registrar may specify respecting the documents or information, which may
include requirements respecting,
(
a) the
time, form and manner in which the documents or information must be provided;
(
b) the
contents of the documents or information; and
(
c) verification
of specified information by affidavit or otherwise.
(1) Subsection 112 (1) of the Act is amended by adding the following
clause:
(a.1) governing
the establishment of one or more discipline committees and appeal committees
for the purpose of enforcing the codes of ethics established by the Minister
under clause (
a) against licensees or classes of licensees and respecting the
appointment of members of those committees and the composition of the
committees;
(2) Clause
112 (1) (
b) of the Act is amended by adding “including procedures for the
purposes of paragraph 5 of subsection 64 (2)” at the end.
(3) Subsection
112 (1) of the Act is amended by adding the following clauses:
(b.1) respecting
the manner in which and the frequency with which decisions of the discipline
committee and appeal committee are made available to the public;
(b.2) prescribing
a person other than the Minister of Finance to whom costs are to be paid under
paragraph 5 of subsection 64 (2);
(4) Subsection
112 (1) of the Act is amended by adding the following clauses:
(b.3) governing
administrative penalties that an assessor may order and all matters necessary
and incidental to the administration of a system of administrative penalties,
including,
(
i) specifying
the amount of an administrative penalty or providing for the determination of
the amount of an administrative penalty by specifying the method of calculating
the amount and the criteria to be considered in determining the amount,
(ii) providing
for different amounts to be paid, or different calculations or criteria to be
used, depending on the circumstances that gave rise to the administrative
penalty or the time at which the penalty is paid,
(iii) specifying
information that must be included in an order for payment of an administrative
penalty,
(iv) governing
the procedure for making an order under
section 71.4 or 71.5 for an
administrative penalty and the rights of the parties affected by the procedure,
including the time at which the order is deemed to be served on the person
against whom the order is made, and
(
v) governing
the appeal of an order for payment of an administrative penalty;
(b.4) specifying
the purposes for which the administrative authority may use the funds that it
collects as administrative penalties;
(1) Subsection 113 (1) of the Act is amended by adding the following
paragraph:
0.1 governing
the application of
section 3.1.1, including,
i. prescribing
licensed supplies and services for the purposes of
section 3.1.1, which may
include setting out the licensed supplies and services that are not prescribed
for the purposes of that section,
ii. providing
for the determination of the person or entity referred to in subsection 3.1.1
(1),
iii. prescribing
conditions, limitations or restrictions that apply in connection with a person
or entity giving an authorization under subsection 3.1.1 (1), including
prescribing different conditions, limitations or restrictions that apply with
respect to different types of persons or entities,
iv. establishing
and governing obligations of persons or entities referred to in subsection
3.1.1 (1),
v. establishing
and governing obligations of operators in connection with the application of
section 3.1.1,
vi. establishing
and prescribing requirements that apply in respect of an authorization referred
to in
section 3.1.1, including with respect to the form and manner in which the
authorization is to be given,
vii. governing
applications to court under subsection 3.1.1 (3), including respecting the
procedures that govern such applications and the factors the court must
consider in making an order under that subsection,
viii. providing
for exemptions from all or part of
section 3.1.1, including exempting any
operator or other person or entity from the application of all or part of that
section and prescribing the circumstances in which all or part of that
section
does not apply;
(2) Paragraph
12 of subsection 113 (1) of the Act is repealed and the following substituted:
12. prescribing
documents or information that persons must provide to the registrar and
prescribing requirements respecting the documents or information, which may
include requirements mentioned in
section 111;
(3) Paragraphs
42 to 44 of subsection 113 (1) of the Act are repealed.
(4) Subsection
113 (1) of the Act is amended by adding the following paragraph:
59.1 respecting
transitional matters arising as a result of the enactment of the Protect Ontario by Cutting Red Tape Act, 2025 ;
(5) Subsection
113 (2) of the Act is amended by striking out the portion before paragraph 1
and substituting the following:
Same,
burial sites and cemeteries
(2) The
Lieutenant Governor in Council may make regulations in respect of burial sites
and cemeteries, including regulations,
. . . .
(6) Paragraph
6 of subsection 113 (2) of the Act is repealed.
(7) Paragraph
10.1 of subsection 113 (2) of the Act is repealed and the following
substituted:
10.1 governing
the disinterment or removal of human remains, prescribing circumstances in
which the consent of interment or scattering rights holders and any other
specified persons or entities to the disinterment or removal is or is not
required, prescribing circumstances in which the registrar may substitute his
or her consent for that of an interment or scattering rights holder or any
other specified person or entity, providing for notice of disinterment or
removal to prescribed persons or entities and providing for an appeal process
from the decision of the registrar to consent to a disinterment or removal.
(8) Subsection
113 (2) of the Act is amended by adding the following paragraph:
24.0.1 governing
applications for orders to close cemeteries under
section 88, including,
i. requiring
that applications contain the information and be accompanied by the
documentation that the registrar specifies, be in the form that the registrar
specifies, be submitted in the manner that the registrar specifies and be
completed by the time specified by the registrar,
ii. providing
rules with respect to when the registrar may consider an application to have
been withdrawn;
(9) Subsection
113 (2) of the Act is amended by adding the following paragraphs:
24.5 requiring
any person to comply with any directions specified by the registrar in respect
of the disturbance, preservation, handling, investigation or disposition of a
burial site or human remains and artifacts associated with the site;
24.6 governing
directions mentioned in paragraph 24.5;
24.7 governing
requirements specified by the registrar under subsection 96 (1) and clause 96
(3) (b);
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Protect Ontario by Cutting
Red Tape Act, 2025 receives Royal Assent.
(2) Subsections
1 (1), (5), (6) and (8), sections 3 to 7, 10, 15, 18, 26 and 32 and subsections
33 (1) to (5) and (7) to (9) come into force on a day to be named by order of
the Lieutenant Governor in Council.
SCHEDULE 12
HEALING ARTS RADIATION PROTECTION ACT
Subsection 4 (3) of the Healing Arts Radiation Protection
Act is repealed and the following substituted:
Same
(3) An
X-ray owner shall include their current email address and any other information
that is prescribed by the regulations in an application made under subsection
(2).
Notice
of change
(4) An
owner of an X-ray machine registered with the Director who changes their
business address or email address shall provide written notice of the change to
the Director within 15 days of the occurrence of the change.
Transition
(5) Any
owner of an X-ray machine shall provide notice of a change to their email
address to the Director if,
(
a) the owner provided an email address to
the Director before the day the Protect Ontario by Cutting
Red Tape Act, 2025 received Royal Assent;
(
b) the
email address was changed; and
(
c) the
owner has not already provided notice of the change to the Director.
Section 22 of the Act is amended by adding the following clause:
(
k) governing
the giving, service or delivery of any notice, order, decision or other
document required to be given, served or delivered under this Act or the
regulations;
Section 27 of the Act is repealed and the following substituted:
Service
(1) Any
notice, order, decision or other document required to be given, served or
delivered under this Act or the regulations is sufficiently given, served or
delivered if,
(
a) delivered
personally;
(
b) delivered
by electronic means;
(
c) sent
by registered mail addressed to the person to whom it is required to be given,
served or delivered at the latest address for service appearing on the records
of the Ministry or, where there is no address for service so appearing, at the
address, if any, last known to the Director; or
(
d) any
other method that is prescribed by the regulations.
When
service deemed made by electronic means
(2) Service
that is made by electronic means in accordance with clause (1) (
b) is effective
on the day of delivery if served before 4 p.m. or on the following day if
served at or after 4 p.m., unless the person on whom service is being made
establishes that the person did not, acting in good faith, through absence,
accident, illness or other cause beyond the person’s control, receive the
notice, order, decision or other document until a later date.
When
service deemed made by registered mail
(3) Service
that is made by registered mail in accordance with clause (1) (
c) is deemed to
be made on the seventh day after the day of mailing, unless the person on whom
service is being made establishes that the person did not, acting in good
faith, through absence, accident, illness or other cause beyond the person’s
control, receive the notice, order, decision or other document until a later
date.
4 The French version of the Act is
amended by striking out “de protection” wherever it appears and substituting in
each case “de radioprotection”.
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 13
IGAMING ONTARIO ACT, 2024
Section 5 of the iGaming Ontario Act, 2024 is
repealed and the following substituted:
Natural
person powers
(1) Subject
to subsection (2) and
section 11.0.1 of the Ministry of
Infrastructure Act, 2011 , the Corporation has the capacity, rights and
powers of a natural person.
Limitations
(2) The
Corporation shall not exercise any of the following powers without the approval
of the Lieutenant Governor in Council:
1. Create
a subsidiary.
2. Acquire,
hold or dispose of any interest in real property.
3. Borrow
money or give security against property.
4. Any
prescribed power.
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 14
LIQUOR CONTROL BOARD OF ONTARIO ACT, 2019
Subsection 4 (1) of the Liquor Control Board of Ontario
Act, 2019 is repealed and the following substituted:
General
powers
(1) The
LCBO has the capacity, rights and powers of a natural person for the purposes
of carrying out its objects except as limited by this Act and by
section 11.0.1
of the Ministry of Infrastructure Act, 2011 .
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 15
LIQUOR LICENCE AND CONTROL ACT, 2019
Clause 2 (1) (
b) of the Liquor Licence and Control Act,
2019 is repealed and the following substituted:
(
b) permit
individuals to possess or consume open liquor in a public place that is not a
public place designated by a municipality under clause 41 (1) (
d) or a public
area in a provincial park to which clause 41 (1) (
e) applies;
Subsection 41 (1) of the Act is amended by striking out “or” at the end of
clause (c), by adding “or” at the end of clause (
d) and by adding the following
clause:
(
e) a public area in a provincial park that
is an operating park, and is,
(
i) designated
for the purposes of this clause by the person who is the park’s superintendent under
the Provincial Parks and Conservation Reserves Act, 2006 ,
subject to the regulations, and
(ii) indicated
by notice given in one of the following ways:
(
A) A
sign posted in the park that sets out the public area and states that liquor
may be consumed in a socially responsible manner while in it or that contains
such other information as may be prescribed by the regulations.
(
B) Any
other way that may be prescribed by the regulations.
The French version of subsection 59 (2) of the Act is amended by striking out “dès
qu’une personne qui croit, en se fondant sur des motifs raisonnables, que les
documents servent de preuve de la perpétration d’une infraction à la présente
loi ou aux règlements, fournit sous serment les renseignements pertinents” at
the end and substituting “dès réception d’une dénonciation faite sous serment
par une personne qui croit, en se fondant sur des motifs raisonnables, que les
documents servent de preuve de la perpétration d’une infraction à la présente
loi ou aux règlements”.
(1) Paragraph 7 of subsection 78 (1) of the Act is amended by adding
“other than in public areas where it is permitted under clause 41 (1) (e)”
after “in provincial parks”.
(2) Subsection
78 (1) of the Act is amended by adding the following paragraph:
9.1 for
the purposes of clause 41 (1) (e),
i. governing
designations made under subclause 41 (1) (e) (i), including imposing conditions
and limitations on the power to make the designations,
ii. respecting
the contents of the notice referred to in subclause 41 (1) (e) (ii) and
providing for and governing other ways of giving notice;
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 16
MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020
The Modernizing Ontario for People and Businesses Act,
2020 is amended by striking out the heading immediately before
section 7
and substituting the following:
Information
and Reporting
The Act is amended by adding the following
section immediately after the
heading “Information and Reporting”:
Collection
of information
6.1 The Minister may
collect, use, and disclose personal information, as defined in the Freedom of Information and Protection of Privacy Act , for
the purpose of facilitating public consultation with respect to burdens or proposed
instruments governed by this Act.
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 17
MOTORIZED SNOW VEHICLES ACT
The definition of “motorized snow vehicle” in
section 1 of the Motorized Snow Vehicles Act is repealed and the following
substituted:
“motorized
snow vehicle” means,
(
a) a
self-propelled vehicle designed to be driven primarily on snow, and
(
b) a
self-propelled vehicle that belongs to a class of vehicle prescribed by the
regulations; (“motoneige”)
Subsection 26 (1) of the Act is amended by adding the following clause:
(0.
a) prescribing
classes of vehicles for the purposes of the definition of “motorized snow
vehicle”;
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 18
MUNICIPAL ACT, 2001
Section 295 of the Municipal Act, 2001 is repealed
and the following substituted:
Publication
of financial statements
(1) Within
60 days after receiving the audited financial statements of the municipality
for the previous year, the treasurer of the municipality shall post a copy of
the audited financial statements, the notes to the financial statements, the
auditor’s report and the tax rate information for taxes imposed under any Part
of this Act for the current and previous year as contained in the financial
review on a website of the municipality.
no website, made available at no cost
(2) If
the municipality does not have a website, the treasurer shall ensure that the
information described in subsection (1) is made available to the public, at no
cost.
Commencement
This
Schedule comes into force on January 1, 2026.
SCHEDULE 19
ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ACT, 2011
Subsection 4 (2) of the Ontario Infrastructure and Lands
Corporation Act, 2011 is amended by adding the following paragraph:
5.1 A
district social services administration board established under the District Social Services Administration Boards Act .
The French version of subsection 20 (3) of the Act is amended by striking out “président
du conseil d’administration d’un organisme de la Couronne” and substituting “président
d’un organisme de la Couronne”.
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 20
RESOURCE RECOVERY AND CIRCULAR ECONOMY ACT, 2016
The Resource Recovery and Circular Economy Act, 2016
is amended by adding the following section:
Minister
may require collection of information, etc.
52.1
(1) The
Minister may, by order, require the Authority to collect any of the following
information, records or documents, as specified by the Minister in the order,
from specified persons or classes of persons who are required to carry out
responsibilities under
Part IV, or persons performing activities that relate to
resource recovery or waste reduction in Ontario, and to provide the
information, records or documents to the Minister within a specified period of
time:
1. Contracts,
agreements, offers of service, bills of lading, invoices, remittances or
correspondence related to the carrying out of responsibilities under
Part IV.
2. Financial
information, including costs and fees incurred, charged or proposed, and
revenues generated in relation to the carrying out of responsibilities under
Part IV.
3. Information
about the operation of a waste disposal site or waste management system within
the meaning of
Part V of the Environmental Protection Act ,
including collection, management and promotion and education activities engaged
in as part of carrying out responsibilities under
Part IV.
4. Such
other information, records or documents as the Minister may specify for the
purposes of assessing the effectiveness of this Act and the regulations and
developing and evaluating policy respecting resource recovery and waste
reduction.
Authority
to collect information, etc.
(2) The
Authority shall comply with a Minister’s order.
Legislation
Act, 2006 ,
Part III
(3) Part
III of the Legislation Act, 2006 does not apply to
an order under this section.
Section 53 of the Act is amended by adding the following subsections:
Information
etc. confidential
(1.2) Subject
to subsections (1.3) and (1.4), if the Minister requires the Authority to
provide the Minister with any information, records or documents that the
Authority has collected under subsection 52.1 (1), the Minister and any other
person or entity in receipt of the information, records or documents shall
maintain the information, records and documents in confidence, and shall not
disclose them to any person.
Disclosure
for evaluation
(1.3) The
information, records and documents may be disclosed to any person if the
disclosure is necessary for the purposes of assessing the effectiveness of this
Act and the regulations and developing and evaluating policy respecting
resource recovery and waste reduction.
Disclosure
with consent
(1.4) The
information, records and documents may be disclosed to any person if the person
to whom the information, record or document relates has consented to the
disclosure.
Prevails
over FIPPA
(1.5) Subsection
(1.2) prevails over the Freedom of Information and
Protection of Privacy Act .
Section 61 of the Act is amended by adding the following subsection:
Same,
agreement
(2.1) Without
limiting the generality of paragraph 2 of subsection (2), the prescribed
conditions may include a condition that the person has entered into an
agreement with a person mentioned in subsection (1) or with a person mentioned
in paragraph 1 of subsection (2) in respect of a product or its primary
packaging in a designated class for the purposes of carrying out one or more
responsibilities under this Part.
The Act is amended by adding the following section:
Requirement
to offer services
69.1 A regulation may
provide that a person who satisfies the condition of having entered into an
agreement described in subsection 61 (2.1) is required to offer to provide the
following services with respect to prescribed material, products or packaging
in a designated class to municipalities or other prescribed entities:
1. Collection
services.
2. Management
services.
3. Implementation
of a promotion and education program.
Subsection 72 (1) of the Act is amended by adding “69.1” after “69”.
The Act is amended by adding the following section:
Information
etc. to be provided
72.1 A person who is
requested by the Authority to provide information, records or documents under
the authority of a Minister’s order under subsection 52.1 (1) shall comply with
the request within the time and in the manner specified by the Authority.
Subsection 98 (2) of the Act is amended by adding the following paragraph:
2.1
Section
72.1.
Section 107 of the Act is amended by adding the following clauses:
(b.1) requiring
persons who satisfy the condition of having entered into an agreement described
in subsection 61 (2.1) to provide specified information, including financial
and operational information, within specified time periods, to the parties to
the agreement, the public and the Authority;
(b.2) governing
agreements mentioned in clause (b.1);
(b.3) governing
offers mentioned in
section 69.1, including,
(
i) specifying
circumstances in which offers must be made and time periods within which offers
must be made,
(ii) governing
(iii) prescribing
requirements respecting the services offered;
Commencement
This
Schedule comes into force on day the Protect Ontario
by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 21
ROYAL ONTARIO MUSEUM ACT
(1) Subsection 4 (1) of the Royal Ontario
Museum Act is amended by striking out “consisting of twenty-one trustees”
at the end and substituting “consisting of no fewer than 13 and no more than 21
trustees”.
(2) Subsections
4 (3), (3.1) and (3.2) of the Act are repealed and the following substituted:
Appointment
and election
(3) The
remaining trustees shall consist of,
(
a) four
elected by the members of the Museum; and
(
b) not
fewer than seven and not more than 15 appointed by the Lieutenant Governor in Council.
Term
(3.1) The
trustees elected under clause (3) (
a) shall each hold office for a term of
three years.
Same
(3.2) The
trustees appointed under clause (3) (
b) shall each hold office at pleasure for
a term of up to three years.
(3) Subsection
4 (4) of the Act is repealed.
(4) Subsection
4 (5) of the Act is repealed and the following substituted:
Vacancies
(5) Where
a vacancy occurs for any reason among the trustees elected or appointed under
subsection (3),
(
a) the
vacancy shall be filled by a person elected or appointed by the body that elected
or appointed the trustee whose office is vacant; and
(
b) the
body that elected or appointed the trustee under clause (
a) shall determine if
the trustee shall hold office for the remainder of the vacated term or for a
new term in accordance with subsection (3.1) or (3.2), as the case may be.
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
SCHEDULE 22
SUCCESSION LAW REFORM ACT
(1) Subsection 51 (1.1) of the Succession Law
Reform Act is repealed and the following substituted:
Designation
by attorney or guardian
(1.1) If
a participant has designated a person by an instrument referred to in clause
(1) (
a) to receive a benefit payable under a plan on the participant’s death
and if the plan is being converted, renewed, replaced or transferred, the
participant’s attorney under a continuing power of attorney for property or the
participant’s guardian of property may make a designation under subsection (1),
by instrument signed by the attorney or guardian, in order to permit the same
person to be designated under the plan that results from the conversion,
renewal, replacement or transfer.
Same
(1.2) For
greater certainty, nothing in subsection 7 (2) or 31 (1) of the Substitute Decisions Act, 1992 prevents an attorney under
a continuing power of attorney for property or a guardian of property from
making a designation under subsection (1) in the circumstances set out in
subsection (1.1).
(2) Section
51 of the Act is amended by adding the following subsection:
Electronic
designation
(3) A
designation under clause (1) (
a) or subsection (1.1) may be made electronically
in accordance with the Electronic Commerce Act, 2000 .
Section 53 of the Act is amended by striking out the portion before clause (
a) and substituting the following:
Payment
and enforcement
Where
a person has been designated in accordance with
section 51 to receive a benefit
under a plan on the death of the participant,
. . . .
Commencement
This
Schedule comes into force on the day the Protect
Ontario by Cutting Red Tape Act, 2025 receives Royal Assent.
Bill 46 As Amended by Standing Committee (PDF)
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
AT YOUR SERVICE ACT, 2022
The
At Your Service Act, 2022 is amended to replace the
reference in subsection 5 (1) of the Act to the Minister of Economic
Development, Job Creation and Trade with a reference to the Minister with
responsibility for the administration of the Act.
SCHEDULE 2
CHILDREN’S LAW REFORM ACT
Part
I of the Children’s Law Reform Act , which sets out
rules of parentage in law, is amended to add a new
section 17.6.1 providing for
the Ontario Court of Justice to order blood, DNA or other tests in a proceeding
over which the Court has jurisdiction. The
section provides that the Court’s jurisdiction
to make a determination of parentage in one of its proceedings is not limited
by anything in the Part, nor is such a determination a declaration of parentage
under the Part.
SCHEDULE 3
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
The
Schedule amends Christopher’s Law (Sex Offender Registry),
2000 with respect to the disclosure of information obtained from the sex
offender registry. The amendments include a provision permitting disclosure to
a prescribed entity for crime prevention or law enforcement purposes. Before
such disclosure occurs, the Ministry is required to enter into an agreement
with the prescribed entity respecting the disclosure of the information.
SCHEDULE 4
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 .
Currently,
section 232 requires the city treasurer to publish a copy of the City’s audited
financial statements and related documentation in a newspaper having general
circulation in the City within 60 days after receiving those statements. The
treasurer may also provide copies of that information in such other manner as
the treasurer considers appropriate. The treasurer is also required to provide
a copy of the information to any taxpayer or resident of the City upon request,
at no cost, if the treasurer has instead published a notice in the newspaper
that the information will be made available upon request.
Section
232 is re-enacted so that the city treasurer is no longer required to post the
audited financial statements and related documentation, or a notice of such
information, in a newspaper having general circulation in the City, but is
instead required to post that information on a website of the City within 60
days after receiving those statements.
SCHEDULE 5
CONSUMER PROTECTION ACT, 2002
Currently,
section 47.1 of the Consumer Protection Act, 2002 provides rules regarding
the expiry of rewards points provided under a consumer agreement. The
section
is re-enacted to provide general rules governing consumer agreements under
which rewards points are provided. The Lieutenant Governor in Council is also
authorized to make regulations governing such consumer agreements, and the
regulations may provide that the regulations and re-enacted
section 47.1 apply
to consumer agreements that were entered into before the Protect
Ontario by Cutting Red Tape Act, 2025 received Royal Assent.
SCHEDULE 6
CONSUMER REPORTING ACT
Subsection
12 (3) of the Consumer Reporting Act , as that
subsection is re-enacted by the Better for Consumers,
Better for Businesses Act, 2023 , sets out information that a consumer
reporting agency is required to disclose to a consumer who requests their
consumer report or consumer report and consumer score. This includes information
about persons who have accessed the consumer reporting agency’s file pertaining
to the consumer or who have received a consumer report from the agency
pertaining to the consumer. That subsection is amended to eliminate the
person’s email address from the information required to be disclosed.
SCHEDULE 7
COURTS OF JUSTICE ACT
The
Schedule amends subsection 21 (2) of the Courts of Justice
Act in respect of matters that may be heard and determined by a single
judge of the Divisional Court, as opposed to a panel of three. As well,
subsection 68.1 (4) of the Act, a conflict provision respecting the concurrent
court rule-making authorities of the Attorney General on the one hand and the
Civil Rules Committee and the Family Rules Committee on the other, is repealed.
SCHEDULE 8
CROWN FOREST SUSTAINABILITY ACT, 1994
The
Schedule amends
Part III.1 of the Crown Forest
Sustainability Act, 1994 , which deals with the removal of forest
resources that are in a Crown forest for the purpose of allowing an activity other
than a forest operation to be carried out on the land that requires the forest
resources to be removed. Such removal is not subject to a requirement to
provide for the sustainability of the Crown forest, but must be done in
accordance with a permit issued under the Part. The
Part is amended to provide
that circumstances may be set out in regulations made under the Act that would
authorize such removal of forest resources without a permit, in accordance with
the regulations (“authorizing regulations”).
Section 69 is amended to give
related regulation-making authority to the Lieutenant Governor in Council.
Complementary
amendments are also made in relation to various provisions in order to
incorporate authorizing regulations and the actions they authorize into the
Act, including,
(
a) section
41.2 (limitations on remedies);
(
b) section
57 (compliance order, etc.);
(
c) section
63 (lien for Crown charges);
(
d) section
64 (offences).
well, the definition of “Minister” in
section 1 is updated.
SCHEDULE 9
ESCHEATS ACT, 2015
The Escheats Act, 2015
is amended to add a new
section to provide, for greater certainty, that a
particular agreement described in the
section is valid and effective.
SCHEDULE 10
FIXING LONG-TERM CARE ACT, 2021
The
Schedule re-enacts
section 180 of the Fixing Long-Term
Care Act, 2021 . The
section currently requires the Director to publish
specified reports, orders and other information. The re-enacted provision
continues this requirement and specifies the minimum time period for which the
publication must be made available to the public.
SCHEDULE 11
FUNERAL, BURIAL AND CREMATION SERVICES ACT, 2002
The
Schedule amends the Funeral, Burial and Cremation Services
Act, 2002 . Here are some highlights:
1. A
new
section 3.1.1 is added to prohibit an operator from providing a prescribed
licensed supply or service in respect of human remains unless the operator has
received authorization to do so from the person or entity who has such
authority in respect of the human remains as determined in accordance with the
regulations. An application may be made to the Superior Court of Justice for an
order determining the person or entity who has the authority in respect of the
human remains. An amendment is made to subsection 113 (1) to authorize
regulations concerning the application of
section 3.1.1.
2. Currently,
subsection 88 (1) provides that a cemetery owner may apply to the registrar for
an order to close a cemetery. An amendment is made to provide that an
application must be made in accordance with the regulations. Corresponding
authority to make regulations is added to subsection 113 (2). An amendment is
also made to subsection 88 (3), which sets out exceptions to certain notice
requirements.
3. Various
amendments are made regarding the appointment of directors and registrars to
address the sharing of responsibility for the administration of the Act between
administrative authorities and the Minister.
4. Amendments
are made regarding complaints, inspections and investigations.
5. A
new Part providing for the imposition of administrative penalties is added to
the Act.
6. Provisions
providing for compliance orders as an enforcement mechanism are added to the
Act.
7. Various
amendments are made to the French version of the Act, including amendments to
replace the term “crématoire” with “crématorium”.
8. Various
other technical amendments are made.
SCHEDULE 12
HEALING ARTS RADIATION PROTECTION ACT
The
Schedule amends the Healing Arts Radiation Protection Act .
Section
4 of the Act is amended to require X-ray owner applicants to include their
current email address and any information prescribed by the regulations in an
application under that section. A related regulation-making power is set out.
Section
27 of the Act is amended to provide for service of certain documents to be
delivered by electronic means or by other methods that may be prescribed under
the regulations.
SCHEDULE 13
IGAMING ONTARIO ACT, 2024
The
Schedule amends the iGaming Ontario Act, 2024 so
that certain powers of the Corporation under that Act are subject to limits
imposed by
section 11.0.1 of the Ministry of
Infrastructure Act, 2011 .