Budget Measures Act, 2009 Duncan, Hon. Dwight Minister of Finance — Bill 162 (39th Parliament, 1st Session)

Bill 162, 39-1

Ontario — Bills

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Bill 162, Budget Measures Act, 2009

Duncan, Hon. Dwight Minister of Finance

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Original

As Amended by Standing Committee

Royal Assent

[39] Bill 162 Royal Assent (PDF)

Bill 162 2009

An Act

respecting the budget measures and other matters

Note: This Act amends or

repeals more than one Act. For the legislative history of these Acts, see the

Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

CONTENTS

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Contents of this Act

Commencement

Short title

Assessment Act

Bailiffs Act

Capital Investment Plan

Act, 1993

City of Toronto Act,

Collection Agencies Act

Commodity Futures Act

Community Small

Business Investment Funds Act

Corporations Act

Corporations Tax Act

Education Act

Employer Health Tax Act

Financial

Administration Act

Income Tax Act

Interim Appropriation for

2009-2010 Act, 2008

Legislative Assembly

Act

Local Roads Boards Act

Ministry of Revenue Act

Municipal Act, 2001

Ontario Child Benefit

Equivalent Act, 2009

Ontario Home Ownership

Savings Plan Act

Ontario Loan Act, 2009

Ontario Municipal

Employees Retirement System Act, 2006

Ontario Provincial

Police Collective Bargaining Act, 2006 and Police Services Act

Pension Benefits Act

Provincial Land Tax

Act, 2006

Securities Act

Supplementary Interim

Appropriation for 2009-2010 Act, 2009

Taxation Act, 2007

Teachers' Pension Act

Tobacco Tax Act

Treasury Board Act,

__________________________

Her Majesty, by and with the advice

and consent of the Legislative Assembly of the Province of Ontario, enacts as

follows:

Contents of this Act

1. This Act consists of this section,

sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections

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

Same

(2) The Schedules to this Act come into

force as provided in each Schedule.

Same

(3) If a

Schedule to this Act provides

that any provisions are to come into force on a day to be named by proclamation

of the Lieutenant Governor, a proclamation may apply to one or more of those

provisions, and proclamations may be issued at different times with respect to

any of those provisions.

Short title

3. The

short title of this Act is the Budget Measures Act, 2009 .

Schedule

Assessment Act

1. Subsection 2 (2) of the Assessment Act is

amended by adding the following clauses:

(

c) defining "machinery

and equipment" for the purposes of paragraph 18 of subsection 3 (1);

(c.1) prescribing

machinery and equipment for the purposes of paragraph 18.1 of subsection 3 (1);

2. Subsection 3 (1) of the Act

is amended by adding the following paragraph:

Machinery for energy conservation

18.1 Machinery

and equipment used for the purposes of energy conservation or efficiency and

prescribed by the Minister for the purposes of this paragraph.

Commencement

3. This

Schedule comes into force on the day

the Budget Measures Act,

2009 receives Royal Assent.

Schedule

Bailiffs Act

1. The Bailiffs Act is amended by adding the

following section:

Financial security

3.0.1 Every

bailiff shall provide financial security in accordance with the regulations for

acts or omissions in the course of acting as a bailiff.

2. The Act is amended by

adding the following section:

Financial security

3.1.1 Every

assistant bailiff shall provide financial security in accordance with the

regulations for acts or omissions in the course of acting as an assistant

bailiff.

3. Sections 14, 15 and 16 of

the Act are repealed.

4. The Act is amended by

adding the following section:

Regulations re financial security

18.2 The

Minister may make regulations,

(

a) governing the type,

amount, form and terms of financial security, and the manner of providing it,

for the purpose of sections 3.0.1 and 3.1.1;

(

b) prescribing

additional obligations relating to the financial security, including a

requirement to compensate Ontario for costs incurred by Ontario relating to the

financial security;

(

c) providing for

cancellation of the financial security;

(

d) providing for the

financial security to continue in force following cancellation of the financial

security or termination of an appointment, registration or authorization under

this Act;

(

e) governing forfeiture

of the financial security and disposition of the proceeds;

(

f) requiring and

governing termination of bonds provided under this Act as it read immediately

before the day

Schedule 2 to the Budget Measures Act, 2009 came into force.

5. Clause 19 (

c) of the Act is

repealed.

6. The Act is amended by

adding the following section:

Transition

Existing bonds

(1) Subject to

any regulation made under clause 18.2 (f), this Act, as

it read immediately before the day

Schedule 2 to the Budget Measures Act, 2009 came into

force, continues to apply to a bailiff or assistant bailiff in respect of a

bond that was provided before that day.

New financial

security

(2) The amendments to this Act made by

Schedule 2 to the Budget Measures Act, 2009

apply to a bailiff or assistant bailiff in respect of financial security that

is provided on or after the day on which that

Schedule comes into force.

Commencement

7. This

Schedule comes into force on a day to

be named by proclamation of the Lieutenant Governor.

Schedule

Capital Investment Plan Act, 1993

1. Subsection 5 (1) of the Capital Investment Plan Act,

1993 is repealed and the following substituted:

Board of directors

(1) The board of directors of a corporation shall manage

or supervise the management of the business and affairs of the corporation.

Commencement

2. This

Schedule comes into force on the day

the Budget Measures

Act, 2009

receives Royal Assent.

Schedule

city of Toronto Act, 2006

1. Subsections 228 (3) to

(6) of the City of Toronto

Act, 2006 are repealed and the following substituted:

Detail and form

(3) The budget shall set out the following amounts:

1. The estimated

revenues, including the amount the City intends to raise on all the rateable

property in the City by its general local municipality levy and the amount it

intends to raise on less than all the rateable property in the City by a

special local municipality levy under

section 277.

2. The estimated portion

of the estimated revenues described in paragraph 1, if any, to be paid into the

City's reserve, sinking and retirement funds.

3. The estimated

expenses, subject to any regulation made under clause 241 (2) (a).

4. The estimated portion

of the estimated expenses described in paragraph 3, if any, to be paid out of

the City's reserve, sinking and retirement funds.

Reserve fund adjustment

(4) The total calculated under paragraph 1 shall be at

least equal to the total calculated under paragraph 2:

1. The amount described

in paragraph 1 of subsection (3), added to the amount described in paragraph 4

of subsection (3).

2. The amount described

in paragraph 2 of subsection (3), added to the amount described in paragraph 3

of subsection (3).

Allowance

(5) In preparing the budget for a year, the City,

(

a) shall not include in

the estimated revenues described in paragraph 1 of subsection (3) the estimated

proceeds of any borrowing during the year;

(

b) shall treat as estimated revenues any surplus of

any previous year that resulted because,

(

i) revenues for that

year were greater than the amount described in paragraph 1 of subsection

(3) for that year, or

(ii) expenses for that

year were less than the amount described in paragraph 3 of subsection (3) for

that year;

(

c) shall provide for

any deficit of any previous year that resulted because,

(

i) revenues for that

year were less than the amount calculated by deducting for that year the amount

described in paragraph 2 of subsection (3) from the amount described in

paragraph 1 of subsection (3), or

(ii) expenses were

incurred by the City that were not in the budget for that year and were not

paid for that year from a reserve, sinking or retirement fund;

(

d) shall provide for

the cost of the collection of taxes and any abatement or discount of taxes;

(

e) shall provide for

taxes and other revenues that in the opinion of the treasurer are uncollectible

and for which provision has not been previously made;

(

f) may provide for

taxes and other revenues that it is estimated will not be collected during the

year; and

(

g) may provide for such

reserve funds as the City considers necessary.

Exception, 2009

(6) In preparing the budget for 2009, the City,

(

a) shall treat any

operating surplus of any previous year as estimated revenues for the purpose of

paragraph 1 of subsection (3); and

(

b) despite clause (5)

(c), shall provide for any operating deficit of any previous year.

Yearly budget from boards, etc.

(7) Despite any other Act, for the purpose of preparing

and adopting its budget for a year, the City may by by-law require that the

year's budget of every board, commission or other body, other than a school

board, for which the City is required by law to levy a tax or provide money, be

submitted to the City on or before a date specified by the City and that the

budget shall be in such detail and form as the by-law provides.

Definitions

(8) In this section,

"reserve

fund" includes a reserve; ("fonds de réserve")

"taxes" means taxes imposed under any Part of this Act. ("impôts")

2. Clause 229 (4) (

b) of the Act is amended

by striking out "except clause 228 (4) (a)" and substituting "except clause 228

(5) (b)".

3. Subsection 234 (2) of the

Act is repealed and the following substituted:

Joint boards

(2) If a local board is a local board of more than one

municipality, only the auditor of the municipality that is responsible for the

largest share of the expenses of the local board in the year is required to

audit the local board in that year.

Section 241 of the Act is

repealed and the following substituted:

Regulations re changes in financial reporting requirements

(1) If

changes in the financial reporting requirements of the City or a local board of

the City affect the surplus or deficit of the City or local board, the Minister

of Municipal Affairs and Housing may make regulations,

(

a) phasing in or

authorizing the City or local board to phase in the changes to its budgets over

a period of years;

(

b) governing the

phase-in.

Regulations re budgets

(2) The Minister of Municipal Affairs and Housing may make

regulations,

(

a) prescribing types of expenses that the

City or local board may exclude from the estimated expenses described in paragraph

3 of subsection 228 (3);

(

b) prescribing conditions

that must be met before the City or local board may exclude from the estimated

expenses the types of expenses prescribed under clause (a);

(

c) prescribing a date

for the purposes of subsection (4).

Retroactive

(3) A regulation made under this

section may be retroactive

to January 1 of the year in which the regulation is made.

Review

(4) The Minister of Municipal Affairs and Housing shall,

on or before a prescribed date, initiate a review of any regulation made under

clause (2) (

a) or (b).

Section 247.1 of the Act is

amended by striking out "undertaking" and substituting "capital work".

6. Subsection 248 (1) of the

Act is repealed and the following substituted:

Use of money received

(1) Money received by the City from the sale of debentures

or as proceeds of other long-term borrowing, including any premium, and

Document details

Collection	Ontario — Bills
Citation	Bill 162, 39-1
Type	bill
Volume / chapter	p39 s1 bill 162 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	728c7f7c65180f390331c83edeee217ffd787c8d

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