Enhancing Access to Justice Act, 2024 — Bill 157 (43rd Parliament, 1st Session)
Bill 157, 43-1
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Bill 157, Enhancing Access to Justice Act, 2024
Downey, Hon. Doug Attorney General
Royal Assent received. Statutes of Ontario 2024,
chapter 2
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Bill 157 Royal Assent (PDF)
EXPLANATORY
NOTE
This
Explanatory Note was written as a reader’s aid to Bill 157 and does not form
part of the law.
Bill 157 has been enacted as
Chapter 2 of the Statutes of Ontario, 2024.
SCHEDULE 1
ARCHITECTS ACT
The
Schedule amends the Architects Act to establish a
limited licence to engage in the practice of architecture. Conditions of a
limited licence would be set out by regulations made under the Act.
Consequential amendments are made throughout the Act, and to two other Acts, to
reflect the addition of limited licences. These include the addition of an
offence respecting the use of the title “Licensed Technologist” by a person who
is not the holder of a limited licence or certificate of practice.
number of housekeeping amendments are also made to the Act.
SCHEDULE 2
CANNABIS CONTROL ACT, 2017
The
Schedule amends the Cannabis Control Act, 2017 .
The
Act is amended to prohibit the cultivation, propagation or harvesting of
cannabis in dwellings in which child care, as defined in the Child Care and Early Years Act, 2014 , is provided. An
exception is provided for in-home services.
Currently,
section 26 of the Act authorizes the Minister to enter into arrangements and
agreements with a council of the band with respect to certain cannabis
regulation issues on a reserve. Subsection 26 (3) is re-enacted to authorize
the Lieutenant Governor in Council to make regulations to implement the
arrangement or agreement. These regulations may modify or clarify the
application of the Act, establish requirements that apply on a reserve and
incorporate rules established by the council of the band. These regulations are
subject to certain limits related to
section 69 of the Cannabis
Act (Canada).
SCHEDULE 3
CANNABIS LICENCE ACT, 2018
The
Schedule amends the Cannabis Licence Act, 2018 .
Currently,
section 44 of the Act authorizes the Minister to enter into arrangements and
agreements with a council of the band with respect to certain cannabis
regulation issues on a reserve. Subsection 44 (1) is re-enacted to state that
it applies to arrangements or agreements with respect to the sale of cannabis
on a reserve. New subsection 44 (3) is added to authorize the Lieutenant
Governor in Council to make regulations to implement the arrangement or
agreement. These regulations may modify or clarify the application of the Act,
establish requirements that apply on a reserve and incorporate rules
established by the council of the band.
SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019
The
Community Safety and Policing Act, 2019 is amended
to change the French version of the term “special constable” from “agent
spécial” to “constable spécial”. Related amendments are made to several other
Acts.
Section
207 of the Act is amended to provide that certain disciplinary measures shall
be expunged from a police officer’s employment record two years after they were
imposed, instead of five years. The
section is amended to only allow the
extension of the retention period for disciplinary measures described in
paragraph 1 or 3 of subsection 200 (1). Applications to the Commission Chair
under that
section must be made within the prescribed period. The Commission
Chair is required to appoint an adjudicator within 30 days after the
application is received, except in exceptional circumstances.
Section 220 of the Act is amended to repeal
paragraph 5 of subsection 220 (1), which would apply the restriction in
subsection 220 (2) to persons employed in a confidential capacity in relation
to labour relations. The restriction in subsection 220 (2) is amended to apply
only to positions that would likely give rise to a conflict of interest in
engaging in or assisting with collective bargaining.
Section
262 of the Act, which sets out a consultation process for certain regulations,
is repealed.
SCHEDULE 5
CORONERS ACT
The
Schedule amends the Coroners Act .
Currently,
subsection 10 (5) of the Act requires that an inquest be performed whenever a
worker dies as a result of an accident occurring in the course of the worker’s
employment at or in a mining plant, mine or construction project. This
subsection is replaced with new requirements requiring notification of a
coroner when a person in charge has reason to believe a worker died in the
course of their employment at those sites. Inquests are mandatory for deaths at
or in mining plants or mines. In the case of deaths at or in construction
projects, the coroner shall investigate the circumstances of the death and
determine whether an inquest ought to be held. A procedure for requesting an
inquest in the case of a death at or in a construction project is set out.
New
section 10.2 requires an annual review of all worker deaths in the previous
calendar year resulting from an accident occurring in the course of the
worker’s employment at or in a construction project. This includes a review of
each of the deaths that occurred, a systemic examination of all such deaths and
the development of recommendations to prevent further deaths. The Chief Coroner
may assign the review of deaths to multiple coroners and may assign them at
different times of the year. The Chief Coroner may also personally conduct a
review. The Chief Coroner shall publish the reports from these reviews on a
website of the Government of Ontario in accordance with the regulations.
SCHEDULE 6
COURTS OF JUSTICE ACT
The
Schedule amends the Courts of Justice Act .
Clause
43 (9) (
a) of the Act is amended so that the Judicial Appointments Advisory
Committee is no longer required to include statistics on the cultural identity
of candidates for appointment as provincial judges in its annual report.
Subsection
65 (2) of the Act is amended to change the composition of the Civil Rules
Committee by removing the Chief Justice of the Ontario Court of Justice or
their designate as a member and adding one associate judge appointed by the Chief
Justice of the Superior Court of Justice. Consequential amendments are made to
section 65.
Sections
65 and 67 of the Act are amended to add a new confidentiality obligation in
relation to information or records held by the Ministry of the Attorney General
that relate to the business of the Civil Rules Committee and the Family Rules
Committee.
new
section 83 is added for the purposes of subsection 41 (1) of the Judges Act (Canada) to provide express authority for
judges to attend meetings, conferences or seminars held for a purpose relating
to the administration of justice.
Section
123 of the Act is amended to provide continuing jurisdiction for judges of the Ontario
Court of Justice who are appointed to another court while presiding over
certain hearings under the Child, Youth and Family
Services Act, 2017 , so that the hearings can be completed before the
same judge despite the appointment.
Section
140 of the Act is amended to allow judges of both the Superior Court of Justice
and the Court of Appeal to make orders related to vexatious proceedings. These
orders may be made on the judge’s own initiative or on motion or application by
any person. The rules for appeals and reviews of these orders are set out.
SCHEDULE 7
EVIDENCE ACT
The
Evidence Act is amended by adding a new
section
that provides that the sharing of information between public sector bodies on a
confidential basis does not affect or constitute a waiver of any privilege that
applies with respect to the information.
SCHEDULE 8
EXECUTION ACT
The
Execution Act is amended with respect to the
electronic database maintained by the sheriff as the index of writs of
execution. The amendments include the imposition of additional requirements on
the sheriff with respect to maintenance of the index. For example, the sheriff
is required to update the names of execution debtors as directed by the court.
The
Act is also amended to provide that where a question arises in relation to the
measures to be taken by a sheriff or any person assisting the sheriff in
carrying out a writ of possession, the sheriff or any interested person may
apply to a judge of the Superior Court of Justice for directions.
SCHEDULE 9
FAMILY LAW ACT
The
Schedule amends the Family Law Act to provide
express authority for the regulations establishing child support guidelines
under the Act to do so by incorporating by reference the Federal Child Support
Guidelines made under the Divorce Act (Canada).
SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997
The
Fire Protection and Prevention Act, 1997 is amended
to add a new
section respecting administrative penalties. This new
section
authorizes prescribed authorized persons to make orders imposing administrative
penalties on persons who have contravened prescribed provisions of the Act or
the regulations. The new
section also sets out a process for applying for
review of these penalties, and various enforcement provisions.
The
Lieutenant Governor in Council is given related regulation-making authorities.
SCHEDULE 11
JURIES ACT
The
Schedule amends the Juries Act .
Subsection
5 (2) of the Act provides that the local sheriff is required to determine the
number of persons in a jury area who need to be mailed a jury questionnaire or
instructions on how to access one.
Section 5 of the Act is amended to provide
that the determination is to be made by the Jury Sheriff instead, but that the
local sheriff may make recommendations to the Jury Sheriff respecting the
determination.
Section
17 of the Act is amended to provide that the period by which a jury summons
notice must be provided to a person does not apply if the Jury Sheriff
determines that it is impossible or unreasonably difficult to comply with the
timing requirement.
SCHEDULE 12
JUSTICES OF THE PEACE ACT
Clause
2.1 (13) (
a) of the Justices of the Peace Act is
amended so that the Justices of the Peace Appointments Advisory Committee is no
longer required to include statistics on the cultural identity of candidates
for appointment as justices of the peace in its annual report.
SCHEDULE 13
LAND TITLES ACT
The
Land Titles Act is amended to remove obligations
currently imposed under the Act on a sheriff to whom a writ of execution, a
renewal of a writ of execution or a certificate of lien under the Bail Act is directed. A consequential amendment to the Bail Act is also made.
SCHEDULE 14
LAW SOCIETY ACT
Subsection
51 (6) of the Law Society Act is re-enacted to
provide that a person who has suffered a loss from
an act of dishonesty on the
part of a licensee and who wishes to receive a grant from the Compensation Fund
must provide notice in writing of their loss to the Law Society within two
years.
SCHEDULE 15
LEGISLATION ACT, 2006
The
Schedule makes various amendments to the Legislation Act,
2006 .
The
commencement provisions of Acts may provide for provisions to come into force
on a day to be named by proclamation of the Lieutenant Governor. These
proclamations are issued pursuant to an order made by the Lieutenant Governor
in Council.
Currently,
the Act sets out rules that apply to these proclamations. The
Schedule
recreates and adapts these rules to provide for the Lieutenant Governor in
Council making orders that name a day on which provisions of
an Act come into
force, without any need for an associated proclamation. These orders must be
published on the e-Laws website promptly after they are made.
new transition
section allows these orders to be made for any provisions of an
Act that are to come into force on a day to be named by proclamation. The
section also provides for the continued validity of certain proclamations.
The
Schedule also amends the Act respecting the commencement of regulations made
under Acts. A deemed commencement rule is added to
section 23 for regulations,
corresponding with subsection 8 (2) for Acts. As well, a new
section 23.1 is
added to permit powers conferred by a regulation to be exercised before the
regulation comes into force (but without effect for the most part). The new
section corresponds with
section 10 for Acts.
Clause
51 (1) (
c) of the Act provides for an interpretive presumption that the repeal
of
an Act or revocation of a regulation does not affect an offence committed
against the Act or regulation before its repeal or revocation, or any related
penalty, forfeiture or punishment. The clause is re-enacted so that it applies
with respect to any contraventions of
an Act or regulation in addition to
offences.
Finally,
the
Schedule makes various housekeeping amendments to the Act, including
replacing descriptions of a date with the actual date and repealing a spent
provision.
SCHEDULE 16
PROVINCIAL OFFENCES ACT
The
Schedule amends sections 5 and 5.1 of the Provincial
Offences Act with respect to how a defendant who is served with an
offence notice may give notice of an intention to appear in court for the
purpose of entering a plea and having a trial (section 5) or request a meeting with
the prosecutor to discuss the resolution of the offence (section 5.1).
SCHEDULE 17
PUBLIC OFFICERS ACT
The
Schedule repeals obsolete provisions of the Public
Officers Act and of Acts that refer to the Public
Officers Act .
SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995
Section
3 of the Victims’ Bill of Rights, 1995 establishes
a cause of action permitting victims of crimes that are prescribed by the
regulations to sue for emotional distress and related bodily harm arising from
those crimes. Subsection 3 (2) of the Act is amended to add to the list of
victims who are presumed to have suffered emotional distress.
Several
amendments are made to the French version of the Act to update terminology.
SCHEDULE 19
REFERENCES TO THE CROWN
The
Schedule amends various Acts respecting references to the Crown. In addition to
making a number of amendments directly, the
Schedule amends the Legislation Act, 2006 to add a new change power
permitting non-substantive changes to be made to Ontario Acts and regulations,
without the need for amendment, in order to reflect a change of reigning
sovereign or to otherwise change the terminology used to refer to the Crown in
accordance with Ontario drafting practices.
The
Schedule makes other related changes, including,
(
a) amending
the Ministry of Government Services Act to change
the name of the government printer from the Queen’s Printer for Ontario to the
King’s Printer for Ontario, and making the necessary consequential amendments
to other Acts; and
(
b) amending
the Barristers Act to change the title of Queen’s
Counsel to King’s Counsel.
Bill 157 2024
Act to amend various Acts in relation to the courts and other justice matters
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Architects
Act
Schedule 2
Cannabis
Control Act, 2017
Schedule 3
Cannabis
Licence Act, 2018
Schedule 4
Community
Safety and Policing Act, 2019
Schedule 5
Coroners
Act
Schedule 6
Courts
of Justice Act
Schedule 7
Evidence
Act
Schedule 8
Execution
Act
Schedule 9
Family
Law Act
Schedule 10
Fire
Protection and Prevention Act, 1997
Schedule 11
Juries
Act
Schedule 12
Justices
of the Peace Act
Schedule 13
Land
Titles Act
Schedule 14
Law
Society Act
Schedule 15
Legislation
Act, 2006
Schedule 16
Provincial
Offences Act
Schedule 17
Public
Officers Act
Schedule 18
Victims’
Bill of Rights, 1995
Schedule 19
References
to the Crown
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 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 Enhancing
Access to Justice Act, 2024 .
SCHEDULE 1
ARCHITECTS ACT
(1) Section 1 of the Architects Act is
amended by adding the following definition:
“limited
licence” means a limited licence to engage in the practice of architecture
issued under this Act; (“permis restreint”)
(2) The
definition of “Minister” in
section 1 of the Act is repealed and the following
substituted:
“Minister”
means the Attorney General or such other member of the Executive Council to
whom responsibility for the administration of this Act may be assigned or
transferred under the Executive Council Act ; (“ministre”)
(1) Subsection 5 (1) of the Act is amended by striking out “Every
person licensed by the Association” at the beginning and substituting “Every
holder of a licence or limited licence”.
(2) Subsection
5 (2) of the Act is amended by adding “or limited licence” after “licence”.
(1) Paragraph 9 of subsection 7 (1) of the Act is repealed and the
following substituted:
9. respecting
any matter ancillary to the provisions of this Act with regard to the issuing,
suspension and revocation of licences, limited licences, certificates of
practice and temporary licences, and the requirements and qualifications for
any of them, including but not limited to regulations,
i. respecting
the scope, standards and conduct of any examination set or approved by the
Council as a requirement for a licence or limited licence,
ii. respecting
the curricula and standards of professional training programs and courses of
study offered by the Council,
iii. respecting
the academic, experience and other requirements for admission into professional
training programs and courses of study,
iv. respecting
the academic and experience requirements for the issuance of a licence or
limited licence, and
v. establishing
classes of licence and limited licence;
(2) Paragraphs
10 and 11 of subsection 7 (1) of the Act are repealed and the following
substituted:
10. prescribing
and temporary licences;
(3) Paragraph
13 of subsection 7 (1) of the Act is amended by striking out “and prescribing
and requiring the use of forms of such returns” at the end and substituting
“and governing the requirements”.
(4) Paragraph
15 of subsection 7 (1) of the Act is amended by striking out “and prescribing
and requiring the use of forms of such returns” at the end and substituting
“and governing the requirements”.
(5) Paragraph
30 of subsection 7 (1) of the Act is repealed and the following substituted:
30. governing
the continuing education of members of the Association, including,
i. providing
for the development or approval of continuing education programs,
ii. requiring
members to successfully complete or participate in such programs, and
iii. providing
for sanctions for non-compliance, including suspension or cancellation of a
member’s licence or limited licence until the member is in compliance, or the
imposition of additional requirements in order to be considered to be in
compliance;
(6) Paragraph
33 of subsection 7 (1) of the Act is amended by striking out “licences,
certificates of practice” and substituting “licences, limited licences,
certificates of practice”.
Paragraph 23 of subsection 8 (1) of the Act is amended by striking out
“licensing” and substituting “licences, limited licences”.
Clause 11 (1) (
a) of the Act is amended by striking out “is licensed” and
substituting “is the holder of a licence or limited licence”.
(1) Clause 13 (1) (
d) of the Act is amended by striking out “or is
exempted therefrom by the Council” and substituting “subject to any exemption
by the Council”.
(2) Clause
13 (1) (
e) of the Act is amended by striking out “or is exempted therefrom by
the Council” at the end and substituting “subject to any exemption by the Council”.
The Act is amended by adding the following section:
Limited
licence
13.1
(1) The
Registrar shall issue a limited licence to a natural person who applies in
accordance with the regulations and,
(
a) is
of good character;
(
b) is
not less than 18 years of age;
(
c) is
a citizen of Canada or has the status of a permanent resident of Canada or is a
member of an organization of architects that is recognized by the Council and
that has objects, standards of practice and requirements for membership similar
to those of the Association;
(
d) has
complied with the academic and experience requirements specified in the
regulations for the issuance of a limited licence, subject to any exemption by
the Council; and
(
e) has
passed such examinations and completed such courses of study as the Council may
set or approve in accordance with the regulations, subject to any exemption by
the Council.
Grounds
for refusal to issue limited licence
(2) The
Registrar may refuse to issue a limited licence to an applicant if the
Registrar is of the opinion, on reasonable and probable grounds, that the past
conduct of the applicant affords grounds for belief that the applicant will not
engage in the practice of architecture in accordance with the law and with
honesty and integrity.
Referral
to committees
(3) Subsections
13 (3) to (6) (which relate to the Academic Requirements Committee and the
Experience Requirements Committee) apply with necessary modifications in
respect of an applicant for a limited licence.
Conditions
(4) Every
limited licence is subject to the conditions prescribed by the regulations.
Section 19 of the Act is amended by striking out “a licence or a certificate of
practice” and substituting “a licence, limited licence or certificate of
practice”.
The Act is amended by adding the following section:
Certificates
of practice and limited licence holders
22.1 It is a condition of
every certificate of practice that is held by a limited licence holder, or
under which a limited licence holder personally supervises and directs the
practice of architecture, that the certificate is subject to the same terms,
conditions and limitations to which the limited licence is subject.
(1) Clauses 25 (2) (
a) and (
b) of the Act are amended by striking
out “the licence or the temporary licence” wherever it appears and substituting
in each case “the licence, the limited licence or the temporary licence”.
(2) The
definition of “applicant” in subsection 25 (17) of the Act is amended by adding
“or limited licence” after “issuance of a licence”.
Subsection 27 (1) of the Act is amended by striking out “every person who is
licensed under this Act” and substituting “every member of the Association”.
(1) Clause 34 (3) (
a) of the Act is amended by striking out “the
responsibilities of an architect” and substituting “the member’s or holder’s
responsibilities under this Act”.
(2) Clauses
34 (4) (
a) and (
b) of the Act are amended by striking out “the licence of the
member” wherever it appears and substituting in each case “the licence or
limited licence of the member”.
Subsection 37 (4) of the Act is amended by striking out “ Arbitrations
Act ” and substituting “ Arbitration Act, 1991 ”.
(1) Subsection 42 (1) of the Act is amended by striking out “or
whose membership has been cancelled for cause under a predecessor of this Act”.
(2) Subsection
42 (2) of the Act is amended by striking out “or whose membership has been
suspended for cause under a predecessor of this Act”.
(3) Subsection
42 (5) of the Act is amended by striking out “or that a suspension or
cancellation for cause under a predecessor of this Act be removed”.
(1) Section 46 of the Act is amended by adding the following
subsection:
Same
(2.1) Every
person who is not a holder of a limited licence or certificate of practice and
who,
(
a) uses
the title “Licensed Technologist” or “technologue agréé” as an occupational
designation;
(
b) uses,
(
i) an
addition to or an abbreviation of the title “Licensed Technologist” or “technologue
agréé”,
(ii) an
occupational designation, or
(iii) a
term, title, addition or description,
that
will lead to the belief that the person may engage in the practice of
architecture; or
(
c) uses
a seal that will lead to the belief that the person is a licensed technologist,
guilty of an offence and on conviction is liable for the first offence to a
fine of not more than $10,000 and for each subsequent offence to a fine of not
more than $25,000.
(2) Subsections
46 (5), (6) and (7) of the Act are amended by striking out “(2), (3)” wherever
it appears and substituting in each case “(2), (2.1), (3)”.
Section 48 of the Act is repealed and the following substituted:
Onus
of proof
If the
holding of a licence, limited licence, certificate of practice or temporary
licence, or acting under and in accordance with a certificate of practice, is
required to permit the lawful doing of any act or thing, and in any prosecution
it is proven that the defendant has done the act or thing, the burden of
proving that the defendant held the licence, limited licence, certificate of
practice or temporary licence or acted in accordance with a certificate of
practice rests on the defendant.
The Act is amended by adding the following section:
Forms
50.1 The Registrar may
approve forms for the purposes of this Act and require their use.
The Act is amended by striking out “licence, certificate of practice” and “a
licence, a certificate of practice” wherever they appear and substituting in
each case “licence, limited licence, certificate of practice” and “a licence, a
limited licence, a certificate of practice” respectively, except in subsection
46 (2).
Inspection Act, 2017
Section 2 of the Home Inspection Act, 2017 is
amended by striking out “a holder of a licence or certificate of practice” and
substituting “a holder of a licence, limited licence or certificate of
practice”.
Professional
Engineers Act
person who is licensed or who holds a certificate of practice” and substituting
“a person who holds a licence, certificate of practice”.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Enhancing Access to
Justice Act, 2024 receives Royal Assent.
(2) Subsection
1 (1),
section 2, subsections 3 (1), (2), (5) and (6), sections 4, 5, 7 to 12,
15, 16, 18 and 20 come into force on a day to be named by proclamation of the
Lieutenant Governor.
(3) Section
19 comes into force on the later of the day
section 2 of
Schedule 1 ( Home Inspection Act, 2017 ) to the Putting
Consumers First Act (Consumer Protection Statute Law Amendment), 2017
comes into force and the day subsection 1 (1) of this
Schedule comes into
force.
SCHEDULE 2
CANNABIS CONTROL ACT, 2017
The Cannabis Control Act, 2017 is amended by adding
the following section:
Child
care settings
13.1
(1) No
person shall cultivate, propagate or harvest cannabis in a dwelling in which
child care, as defined in the Child Care and Early Years
Act, 2014 , is provided.
Exception,
in-home services
(2) Subsection
(1) does not apply to in-home services as defined in the Child
Care and Early Years Act, 2014 .
(1) Subsection 23 (1) of the Act is amended by striking out “(2) to
(7)” in the portion before clause (
a) and substituting “(2) to (9)”.
(2) Section
23 of the Act is amended by adding the following subsection:
Penalty:
cultivation, propagation or harvesting in child care setting
(9) A
person who is convicted of contravening
section 13.1 is liable,
(
a) on
a first conviction in respect of that section, to a fine of not more than
$1,000; and
(
b) on
a subsequent conviction in respect of that section, to a fine of not more than
$5,000.
Subsection 26 (3) of the Act is repealed and the following substituted:
Agreement
implementation
(3) To
implement an arrangement or agreement entered into under subsection (1), the
Lieutenant Governor in Council may make regulations,
(
a) modifying
or clarifying the application of a provision of this Act or the regulations to
a person, place or thing, subject to any conditions or limitations;
(
b) establishing
requirements that apply to the sale, distribution, purchase, possession,
consumption, cultivation, propagation or harvesting of cannabis on a reserve,
subject to any conditions or limitations;
(
c) specifying
that rules established by the council of the band apply to the sale,
distribution, purchase, possession, consumption, cultivation, propagation or
harvesting of cannabis on a reserve, subject to any conditions or limitations.
Requirements
for authorization, s. 69 of Cannabis Act (Canada)
(4) If
a regulation under subsection (3) authorizes the sale of cannabis by a person
other than an authorized cannabis retailer, the arrangement or agreement is
subject to the following requirements:
1. The
only cannabis that may be sold or distributed under the arrangement or
agreement is cannabis that has been produced by a person or entity that is
authorized under the Cannabis Act (Canada) to
produce cannabis for commercial purposes.
2. The
arrangement or agreement must not allow for the sale or distribution of
cannabis to an individual under 18 years of age.
3. The
arrangement or agreement must require the keeping of appropriate records
respecting the activities of persons authorized to sell cannabis.
4. The
arrangement or agreement must require the taking of adequate measures to reduce
the risk of cannabis being diverted to an illicit market or activity.
Access
to rules established by the council of the band
(5) A
regulation made under clause (3) (
c) that provides that rules established by
the council of the band apply on a reserve shall either contain the rules or
incorporate them by reference.
Definitions
(6) In
this section,
“council
of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)
“Indian”
has the same meaning as in subsection 2 (1) of the Indian
Act (Canada); (“Indien”)
“reserve”
means a reserve as defined in subsection 2 (1) of the Indian
Act (Canada) or an Indian settlement located on Crown land, the Indian
inhabitants of which are treated by Indigenous and Northern Affairs Canada in
the same manner as Indians residing on a reserve. (“réserve”)
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Enhancing Access to
Justice Act, 2024 receives Royal Assent.
(2) Sections
1 and 2 come into force on a day to be named by proclamation of the Lieutenant
Governor.
SCHEDULE 3
CANNABIS LICENCE ACT, 2018
(1) Subsection 44 (1) of the Cannabis Licence
Act, 2018 is repealed and the following substituted:
Agreement
with council of the band
(1) Subject
to subsection (2) and to the approval of the Lieutenant Governor in Council,
the Minister may, on behalf of the Crown, enter into arrangements and
agreements with a council of the band with respect to the sale of cannabis on a
reserve, including the licensing, authorization and regulation of retail stores,
or the enforcement of this Act and the regulations on a reserve.
(2) Section
44 of the Act is amended by adding the following subsections:
Agreement
implementation
(3) To
implement an arrangement or agreement entered into under subsection (1), the
Lieutenant Governor in Council may make regulations,
(
a) modifying
or clarifying the application of a provision of this Act or the regulations to
a person, place or thing, subject to any conditions or limitations;
(
b) establishing
requirements that apply to the sale of cannabis on a reserve, subject to any
conditions or limitations;
(
c) specifying
that rules established by the council of the band apply to the sale of cannabis
on a reserve, subject to any conditions or limitations.
Access
to rules established by the council of the band
(4) A
regulation made under clause (3) (
c) that provides that rules established by
the council of the band apply on a reserve shall either contain the rules or
incorporate them by reference.
Clause 49 (1) (
s) of the Act is repealed and the following substituted:
(
s) exempting
any person, place or thing from this Act or the regulations or any provision of
this Act or the regulations or providing that this Act or the regulations or
any provision of this Act or the regulations does not apply in respect of any
person, place, thing or circumstance, and prescribing conditions or
restrictions for the exemption or non-application.
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019
1 The French version of the definition of “special
constable” in subsection 2 (1) of the Community Safety and
Policing Act, 2019 is repealed.
The French version of subsection 2 (1) of the Act is amended by adding the
following definition:
«constable
spécial» Personne nommée à
titre de constable spécial en vertu de l’article 92.
(«special constable»)
The French version of the Act is amended by striking out,
(a) “à
l’agent spécial” wherever it appears and substituting in each case “au
constable spécial”;
(b) “d’agent
spécial” wherever it appears and substituting in each case “de constable
spécial”;
(c) “de
l’agent spécial” wherever it appears and substituting in each case “du
constable spécial”;
(d) “l’agent
spécial” wherever it appears and substituting in each case “le constable
spécial”;
(e) “agent
spécial” wherever it appears and substituting in each case “constable spécial”;
(f) “d’agents
spéciaux” wherever it appears and substituting in each case “de constables
spéciaux”; and
(g) “agents
spéciaux” wherever it appears and substituting in each case “constables
spéciaux”.
4 Subsections 207 (1) to (4) of the Act are
repealed and the following substituted:
Expunging
of record
(1) A
chief of police shall expunge an entry made in a police officer’s employment
record respecting a disciplinary measure two years after the day the
disciplinary measure was imposed if,
(
a) the
disciplinary measure is described in paragraph 2, 3, 4, 5 or 6 of subsection
200 (1); and
(
b) no
other entries relating to disciplinary measures were entered into the officer’s
employment record in the two years following that day.
Same
(2) A
chief of police shall expunge an entry made in a police officer’s employment
record respecting a disciplinary measure five years after the day the
disciplinary measure was imposed if,
(
a) the
disciplinary measure is described in paragraph 1 of subsection 200 (1); and
(
b) no
other entries relating to disciplinary measures were entered into the officer’s
employment record in the five years following that day.
Extension
(3) Despite
subsections (1) and (2), a record of a disciplinary measure that is described
in paragraph 1 or 3 of subsection 200 (1) may be retained in a police officer’s
employment record for longer than two years or five years, as applicable, if,
(
a) the
officer consents to the extension; or
(
b) the
adjudicator orders that the period be extended after conducting a hearing under
this section.
Hearing
(4) A
chief of police may apply to the Commission Chair to appoint an adjudicator to
hold a hearing for the purpose of determining whether a record described in
subsection (3) should be retained for longer than two years or five years, as
applicable, as a result of extenuating circumstances.
Application
timing
(4.1) An
application under subsection (4) must be made within the prescribed period, if
such a period has been prescribed.
Appointment
of adjudicator
(4.2) The
Commission Chair shall appoint an adjudicator within 30 days after the day the
application was received, except in exceptional circumstances.
(1) Paragraph 5 of subsection 220 (1) of the Act is repealed.
(2) Subsection
220 (2) of the Act is amended by striking out “conflict of interest in respect
of labour relations matters” at the end and substituting “conflict of interest
in engaging in or assisting with collective bargaining”.
Section 262 of the Act is repealed.
Coroners
Act
(1) The French version of the
definitions of ““auxiliary member”,
“First Nation Officer”, “police service” and “special constable”” in subsection
1 (1) of the Coroners Act are repealed.
(2) The
French version of subsection 1 (1) of the Act is amended by adding the
following
definitions:
«agent
de Première Nation», «constable spécial», «membre auxiliaire» et «service de
police» S’entendent au sens de la Loi de 2019 sur la
sécurité communautaire et les services policiers . («First Nation Officer»,
«special constable», «auxiliary member», «police service»)
(3) The
French version of subsection 10 (4.6.1) of the Act is amended by striking out,
(a) “agent
spécial” in the portion before clause (
a) and substituting “constable spécial”;
and
(b) “l’agent
spécial” in clause (
a) and substituting “le constable spécial”.
(4) The
French version of clause 10 (4.6.2) (
c) of the Act is amended by striking out
“agent spécial” and substituting “constable spécial”.
Dog
Owners’ Liability Act
The French version of paragraph 1 of
section 12 of the Dog
Owners’ Liability Act is amended by striking out “agents spéciaux” and
substituting “constables spéciaux”.
Interprovincial
Policing Act, 2009
The French version of
section 39 of the Interprovincial
Policing Act, 2009 is amended by striking out “agents spéciaux” and
substituting “constables spéciaux”.
Provincial
Offences Act
The French version of the definition of “police officer” in subsection 1 (1) of
the Provincial Offences Act is amended by striking
out “agents spéciaux” and substituting “constables spéciaux”.
Special
Investigations Unit Act, 2019
(1) The French version of clause (
b) of the definition of “official”
in subsection 1 (1) of the Special Investigations Unit
Act, 2019 is amended by striking out “agents spéciaux” and substituting “constables
spéciaux”.
(2) The
French version of subclause 15 (2) (b) (
i) of the Act is amended by striking
out “agent spécial” and substituting “constable spécial”.
Workplace
Safety and Insurance Act, 1997
(1) The French version of the definition of “police officer” in
subsection 14 (1) of the Workplace Safety and Insurance
Act, 1997 is amended by striking out “agent spécial” and substituting
“constable spécial”.
(2) The
French version of paragraph 17 of subsection 14 (2) of the Act is amended by
striking out “agents spéciaux” and substituting “constables spéciaux”.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Enhancing Access to
Justice Act, 2024 receives Royal Assent.
(2) Sections
1 to 5 and 7 to 12 come into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 5
CORONERS ACT
Subsection 10 (5) of the Coroners Act is repealed
and the following substituted:
Notice
of death resulting from accident at or in mining plant or mine and inquest
(5) A
person in charge of a mining plant or mine, including a pit or quarry, who has
reason to believe that a worker died as a result of an accident occurring in
the course of the worker’s employment at or in the mining plant or mine shall
immediately give notice of the death to a coroner and the coroner shall hold an
inquest upon the body.
Notice
of death resulting from accident at or in construction project
(5.1) A person in charge of a construction project
who has reason to believe that a worker died as a result of an accident
occurring in the course of the worker’s employment at or in the construction
project shall immediately give notice of the death to a coroner.
Investigation
of death resulting from accident at or in construction project
(5.2) After
receiving notice of a death described in subsection (5.1), the coroner shall
investigate the circumstances of the death and if, as a result of the
investigation, the coroner is of the opinion that an inquest ought to be held,
the coroner shall hold an inquest upon the body.
Request
for inquest in case of accident at or in construction project
(5.3) The
following rules apply if a coroner determines that an inquest is unnecessary
into the death of a worker who is believed to have died as a result of an
accident occurring in the course of the worker’s employment at or in a
construction project:
1. The
spouse, parent, child, brother, sister or personal representative of the
deceased person may request the coroner in writing to hold an inquest.
2. If
the coroner receives a request described in paragraph 1 before or within one
year after the day an annual review under
section 10.2 that reviews the death
is made available to the public,
section 26 does not apply to the request and
instead the coroner shall hold an inquest upon the body.
3. If
the coroner receives a request described in paragraph 1 after the deadline
described in paragraph 2,
section 26 applies to the request.
Transition
(5.4) Subsections
(5.2) and (5.3) apply to the death of a worker that occurred in the course of
the worker’s employment at or in a construction project before the day
section
1 of
Schedule 5 to the Enhancing Access to Justice Act,
2024 came into force if an inquest upon the body has not already
commenced before that day.
The Act is amended by adding the following section:
Annual
review of construction deaths
10.2
(1) In each
calendar year, the Chief Coroner shall assign one or more coroners to conduct a
review of each of any worker deaths in the previous calendar year resulting
from an accident that occurred in the course of the worker’s employment at or
in a construction project.
Power
to assign to review
(2) The
Chief Coroner may,
(
a) group
different deaths together and assign different coroners to conduct reviews of
each group of deaths;
(
b) assign
a single coroner or a team of coroners to conduct the same review;
(
c) assign
coroners to review different groups of deaths at different times of the year,
so long as all of the worker deaths in the previous calendar year resulting
from an accident occurring in the course of the workers’ employment at or in a
construction project are assigned to coroners for review by the end of the
current calendar year;
(
d) revoke
the assignment of a coroner or team of coroners to a review and replace them
with other coroners; or
(
e) personally
conduct a review.
Deferred
review of deaths
(3) The
Chief Coroner may direct that a death shall not be included in the annual
review for the calendar year in which the death occurred and shall instead be
deferred to review in a later calendar year if,
(
a) the
death is the subject of an ongoing investigation, prosecution or inquest; or
(
b) the
Chief Coroner otherwise determines that it would be inappropriate for the death
to be included in the annual review.
Scope
of review
(4) A
coroner or team of coroners conducting a review under this
section shall,
(
a) examine
the circumstances of each of the deaths subject to their review;
(
b) to
the extent possible, conduct a systemic examination of the circumstances of all
of the deaths subject to their review and, if the coroner or team of coroners
consider it appropriate, related deaths that are not subject to their review;
(
c) to
the extent possible, identify any common issues among the deaths that are
subject to their review; and
(
d) develop
recommendations for the prevention of further deaths.
Powers
(5) In
conducting a review under this section, a coroner may,
(
a) consult
with any person that has information relevant to their review or who may be
affected by their review, including, without limitation,
(
i) the
family of the deceased,
(ii) any
person undertaking the construction project where the death occurred, and
(iii) any
organization that represents workers at the construction project where the
death occurred;
(
b) require
a person with knowledge about the deceased or of the death to provide
information about the facts and circumstances relating to the deceased or the
death that the coroner considers necessary for the purposes of conducting their
review; and
(
c) inspect
and extract information from any records or writings relating to the deceased
or his or her circumstances.
Expert
assistance
(6) Subject
to approval of the Chief Coroner, a coroner conducting a review under this
section may obtain assistance or retain expert services to assist with their
review.
Disclosure
of personal information
(7) A
coroner conducting a review under this
section shall not disclose personal
information to any person who is being consulted or who is providing assistance
or expert services for their review if other information will permit the
coroner to solicit their input or obtain their assistance or services.
Personal
information limited to what is reasonably necessary
(8) A
coroner conducting a review under this
section shall not disclose more personal
information to any person who is being consulted or who is providing assistance
or expert services for the coroner’s review than is reasonably necessary to
solicit their input or obtain their assistance or services.
Use
and disclosure
(9) A
person who receives personal information from a coroner conducting a review
under this
section shall not use the information except for the purposes for
which they received the information and shall not disclose the information
except as required by law.
Results
of review
(10) A
coroner or team of coroners conducting a review under this
section shall submit
a report containing the following information to the Chief Coroner in the form
and manner and within the time specified by the Chief Coroner:
1. The
coroner’s or team of coroners’ conclusions in respect of the circumstances of
each of the deaths subject to their review.
2. The
coroner’s or team of coroners’ conclusions in respect of the systemic
examination described in clause (4) (b).
3. A
description of any common issues identified by the coroner or team of coroners
among the deaths that are subject to their review.
4. The
coroner’s or team of coroners’ recommendations to prevent further deaths.
Timing
(11) The
report described in subsection (10) must be submitted on or before June 30th of
the calendar year following the calendar year in which the coroner or team of
coroners was assigned to the review.
Publication
(12) The
Chief Coroner shall, in accordance with the regulations, if any, make the
report or reports provided under subsection (10) available to the public on a
website of the Government of Ontario.
Notice
of specific recommendations
(13) The
Chief Coroner shall notify a person or entity of any recommendation in a review
conducted under this
section that is directed at the person or entity.
Rules
and directions
(14) A
coroner conducting a review under this
section shall comply with any rules or
directions respecting the reviews issued by the Chief Coroner.
Offence
(15) No
person shall wilfully use or disclose personal information in contravention of
subsection (7), (8) or (9).
Penalty
(16) Every
person who contravenes subsection (15) is guilty of an offence and is liable on
conviction,
(
a) in
the case of a first offence, to a fine of not more than $25,000; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than $50,000.
Transition
(17) Despite
subsection (1), in the year in which
section 2 of
Schedule 5 to the Enhancing Access to Justice Act, 2024 comes into force,
the review required by subsection (1) shall include a review of any worker
deaths resulting from an accident that occurred in the course of the worker’s
employment at or in a construction project,
(
a) for
which this Act, as it read at the time that notification of the death was
provided to a coroner, required that an inquest upon the body be held; and
(
b) for
which an inquest upon the body had not commenced as of the day
section 2 of
Schedule 5 to the Enhancing Access to Justice Act, 2024
comes into force.
Same,
deferral
(18) For
greater certainty, the Chief Coroner may defer the review of a death described
in subsection (17) to a later calendar year in accordance with subsection (3).
Subsection 56 (2) of the Act is amended by adding the following clause:
(0.
a) governing
the publication of reports made under
section 10.2, including by prescribing a
date by which reports must be published or prescribing the website or websites
on which the reports must be published;
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 6
COURTS OF JUSTICE ACT
Clause 43 (9) (
a) of the Courts of Justice Act is
amended by striking out “cultural identity”.
(1) Clause 65 (2) (a.2) of the Act is repealed.
(2) Subsection
65 (2) of the Act is amended by adding the following clause:
(d.1) one
associate judge, who shall be appointed by the Chief Justice of the Superior
Court of Justice;
(3) Subsections
65 (4) and (5) of the Act are amended by striking out “(c), (f)” wherever it
appears and substituting in each case “(c), (d.1), (f)”.
(4) Section
65 of the Act is amended by adding the following subsections:
Information
to be maintained in confidence
(7) The
Ministry of the Attorney General shall maintain in confidence any records or
other information collected, prepared, maintained or used by the Ministry in
relation to the business of the Civil Rules Committee and shall not disclose
any such records or information unless the disclosure has been authorized by
the Attorney General and approved by the chair of the Committee.
Prevails
over FIPPA
(8) Subsection
(7) prevails over the Freedom of Information and
Protection of Privacy Act .
Delegation
(9) The
Attorney General may, in writing, delegate the power to authorize disclosures
in subsection (7) to the Deputy Attorney General or to any other employee of
the Ministry, subject to any limitations, restrictions, conditions and
requirements that are set out in the delegation.
Transition
(10) If
a request for access to a record described in subsection (7) was made to the
Attorney General under the Freedom of Information and
Protection of Privacy Act on or after the
day the Enhancing Access to Justice Act, 2024 received
first reading and a decision about disclosure of the record has not been made
by the date on which subsection 2 (4) of
Schedule 6 to the Enhancing Access to Justice Act, 2024 comes into force,
subsections (7) to (9) of this
section apply to the request.
Section 67 of the Act is amended by adding the following subsections:
Information
to be maintained in confidence
(7) The
Ministry of the Attorney General shall maintain in confidence any records or
other information collected, prepared, maintained or used by the Ministry in
relation to the business of the Family Rules Committee and shall not disclose
any such records or information unless the disclosure has been authorized by
the Attorney General and approved by the chair of the Committee.
Prevails
over FIPPA
(8) Subsection
(7) prevails over the Freedom of Information and
Protection of Privacy Act .
Delegation
(9) The
Attorney General may, in writing, delegate the power to authorize disclosures
in subsection (7) to the Deputy Attorney General or to any other employee of
the Ministry, subject to any limitations, restrictions, conditions and
requirements that are set out in the delegation.
Transition
(10) If
a request for access to a record described in subsection (7) was made to the
Attorney General under the Freedom of Information and
Protection of Privacy Act on or after the day the Enhancing
Access to Justice Act, 2024 received first reading and a decision about
disclosure of the record has not been made by the date on which
section 3 of
Schedule 6 to the Enhancing Access to Justice Act, 2024
comes into force, subsections (7) to (9) of this
section apply to the request.
The Act is amended by adding the following section:
Attendance
at meetings, conferences and seminars
For
the purposes of subsection 41 (1) of the Judges Act (Canada),
a judge of the Court of Appeal, the Superior Court of Justice or the Family
Court may, in that capacity, attend a meeting, conference or seminar that is
held for a purpose relating to the administration of justice, with the approval
of,
(
a) the
Chief Justice of Ontario, in the case of a judge of the Court of Appeal; or
(
b) the
Chief Justice of the Superior Court of Justice, in any other case.
Subsection 94 (2) of the Act is repealed.
Section 123 of the Act is amended by adding the following subsection:
Certain
hearings under the Child, Youth and Family Services Act,
(8) If
a judge in the Ontario Court of Justice who is presiding over a hearing under
Part V, VII or VIII of the Child, Youth and Family
Services Act, 2017 for a final order respecting a matter is appointed to
another court, the judge continues to have jurisdiction to complete the hearing
and give a decision in the matter.
(1) Subsection 140 (1) of the Act is repealed and the following
substituted:
Vexatious
proceedings
(1) If
a judge of the Superior Court of Justice or of the Court of Appeal is satisfied
that a person has persistently and without reasonable grounds instituted
vexatious proceedings in any court or conducted a proceeding in any court in a
vexatious manner, the judge may make an order that includes any of the
following terms:
1. No
further proceeding may be instituted by the person in any court, except by
leave of a judge of the Superior Court of Justice.
2. No
proceeding previously instituted by the person in any court shall be continued,
except by leave of a judge of the Superior Court of Justice.
3. Any
other term that is just.
Procedure
(2) An
order under subsection (1) may be made on the judge’s own initiative or on
motion or application by any person, as provided in the rules of court.
Notice
required
(2.1) An
order under subsection (1) may only be made on notice to the person who is the
subject of the order, as provided in the rules of court.
Branches
of the Superior Court of Justice
(2.2) An
order of the Superior Court of Justice under subsection (1) may be made by a
judge presiding in any branch of that court.
Appeals
and reviews
(2.3) The
following rules apply with respect to an order made under subsection (1):
1. If
the order was made by a judge of the Superior Court of Justice, an appeal of
the order lies to a panel of the Court of Appeal.
2. If
the order was made by a judge of the Court of Appeal, a panel of the Court of
Appeal may, on motion, set aside or vary the decision.
3. For
greater certainty, leave is not required to bring an appeal under paragraph 1
or a motion under paragraph 2, unless the court orders otherwise.
(2) Section
140 of the Act is amended by adding the following subsection:
Deputy
judges
(6) For
greater certainty, a reference to a judge of the Superior Court of Justice in
this
section does not include a reference to a deputy judge.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Enhancing Access to
Justice Act, 2024 receives Royal Assent.
(2) Section
7 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
SCHEDULE 7
EVIDENCE ACT
The Evidence Act is amended by adding the following
section:
Sharing
of information within public sector not affecting privilege
30.1
(1) In this
section,
“public
sector body” means,
(
a) the
Crown in right of Ontario,
(
b) a
Crown agency as defined in the Crown Liability and
Proceedings Act, 2019 ,
(
c) a
Crown corporation as defined in the Crown Liability and
Proceedings Act, 2019 , or
(
d) any
person, body or office specified by the regulations made under subsection (7).
Privilege
not waived, affected
(2) If
a public sector body shares information on a confidential basis with another
public sector body, the sharing does not constitute a waiver of, or otherwise
affect, any privilege that applies with respect to the information.
Same
(3) For
the purposes of subsection (2), privilege includes solicitor-client privilege,
litigation privilege, settlement privilege and public interest immunity.
Same
(4) Subsection
(2) applies regardless of whether the public sector body is required to share
the information.
Retroactive
application
(5) This
section is deemed to have applied with respect to any sharing of information
between public sector bodies before the day the Enhancing
Access to Justice Act, 2024 received Royal Assent.
Same
(6) In
the case of a person, body or office that becomes a public sector body after
the day the Enhancing Access to Justice Act, 2024 receives
Royal Assent, this
section is also deemed to have applied with respect to any
sharing of information with or by the person, body or office before becoming a
public sector body.
Regulations
(7) The
Lieutenant Governor in Council may make regulations prescribing persons, bodies
or offices for the purposes of clause (
d) of the definition of “public sector
body” in subsection (1).
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 8
EXECUTION ACT
(1) Section 10 of the Execution Act is
amended by adding the following subsection:
When
writs of execution are binding
Definition
(0.1) In
this
section and
section 11,
“index”
means the electronic database maintained by the sheriff as the index of writs
of execution.
(2) Subsection
10 (1) of the Act is amended by striking out “electronic database maintained by
the sheriff as the index of writs of execution” at the end and substituting
“index”.
(3) Clause
10 (2) (
a) of the Act is amended by striking out “electronic database
maintained as the index of writs of execution” and substituting “index”.
(4) Subsections
10 (4) and (5) of the Act are repealed and the following substituted:
Obligations
of sheriff re index
(4) A
sheriff shall comply with the following requirements respecting the index:
1. If
a writ of execution, a renewal of a writ of execution or a certificate of lien
under the Bail Act is directed to the sheriff, the
sheriff shall, upon receiving from or on behalf of the judgment creditor the
required fee in accordance with the Administration of
Justice Act and instructions to do so, promptly take the following
actions:
i. Enter
in the index the writ, renewal or certificate of lien, as the case may be.
ii. If
applicable, indicate in the index that the writ, renewal or certificate of
lien, as the case may be, affects real property governed by the Land Titles Act .
2. A
sheriff shall assign consecutive numbers in the index to each writ and
certificate of lien in the order in which the writs and certificates of lien
are entered.
3. A
sheriff shall note in the index the effective date of each writ, renewal and
certificate of lien.
4. In
the case of a renewal, a sheriff shall extend the expiry date by the period
required under the applicable rule or statute.
5. A
sheriff shall update the names of execution debtors in the index as directed by
the court.
6. A
sheriff shall note in the index any statutory declaration filed under clause 11
(1) (b).
7. A
sheriff shall give the land registrar of each land titles division wholly or
partially within the sheriff’s jurisdiction access to the index.
(5) Subsection
10 (6) of the Act is amended by striking out “electronic database maintained by
the sheriff as the index of writs of execution” at the end and substituting
“index”.
(6) Subsection
10 (7) of the Act is repealed.
Subsection 11 (2) of the Act is amended by striking out “received for execution
and recorded by the sheriff” at the end and substituting “noted in the index”.
Section 21 of the Act is amended by adding the following subsection:
Application
to court for directions
(3) Where
a question arises in relation to the measures to be taken by a sheriff or any
person assisting the sheriff in carrying out a writ of possession, the sheriff
or any interested person may apply to a judge of the
Superior Court of Justice for directions.
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 9
FAMILY LAW ACT
Section 69 of the Family Law Act is amended by
adding the following subsection:
Same
(3.1) The
power to make a regulation under subsection (2) may be exercised by
incorporating by reference all or part of the Federal Child Support Guidelines
made under the Divorce Act (Canada) as they are
amended from time to time and with any changes that the regulations may
specify.
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997
The Fire Protection and Prevention Act, 1997 is
amended by adding the following section:
Administrative
penalties
Purpose
30.2
(1) The
purpose of an administrative penalty imposed under this
section is to promote
compliance with the requirements established by this Act and the regulations.
Order
imposing administrative penalties
(2) If
a prescribed authorized person is satisfied that a person is contravening or
not complying with a prescribed provision of this Act or the regulations, the
prescribed authorized person may, by order, impose an administrative penalty on
the person in accordance with this
section and the regulations.
Content
of order
(3) The
order imposing an administrative penalty shall be in writing and shall include
the following information:
1. The
particulars of the contravention of this Act or the regulations.
2. The
date and time by which payment of the administrative penalty must be made.
3. The
amount payable and how payment of the administrative penalty may be made.
4. The
right to request a review of the administrative penalty order.
Maximum
administrative penalty
(4) An
administrative penalty for a contravention of this Act or the regulations shall
not exceed the following amounts:
1. For
a contravention by an individual, $10,000 or such lesser amount as may be
prescribed.
2. For
a contravention by a person other than an individual, $100,000 or such lesser
amount as may be prescribed.
Administrative
penalty may be imposed with other measures
(5) An
administrative penalty may be imposed alone or in conjunction with any other
regulatory measure provided by this or any other Act, and may be imposed in
conjunction with a fine imposed for the same infraction.
Limitation
(6) An
administrative penalty shall not be imposed more than one year after the
contravention first came to the knowledge of the prescribed authorized person.
Deadline
to pay penalty
(7) A
person who has received an order imposing an administrative penalty shall pay
the penalty within 30 days after the day the order was served, subject to any
stays of the order described in subsection (12).
right to be heard
(8) There
is no right to be heard before an order imposing an administrative penalty is
made.
Right
to review
(9) A
person who has received an order imposing an administrative penalty may submit
a request for a review of the order to a prescribed reviewer.
Time
to submit request for review
(10) A
request for review under subsection (9) must be submitted to the reviewer within
30 days after the order is served.
review requested
(11) If
a person who has received an order imposing an administrative penalty requests
a review under subsection (9), the reviewer shall conduct the review in accordance
with the regulations.
Stay
of order
(12) A
review commenced under subsection (9) operates as a stay of the order until the
matter is finally disposed of.
Decision
of reviewer
(13) After
conducting the review, the reviewer may,
(
a) find
that the person did not contravene the provision of this Act or the regulations
specified in the order imposing the administrative penalty, and rescind the
order imposing the administrative penalty;
(
b) find
that the person did contravene the provision of this Act or the regulations
specified in the order imposing the administrative penalty, and affirm the
order imposing the administrative penalty; or
(
c) find
that the person did contravene the provision of this Act or the regulations
specified in the order imposing the administrative penalty but that the penalty
is excessive in the circumstances or is, by its magnitude, punitive in nature
having regard to all the circumstances and, in that case, the reviewer shall
amend the order imposing the administrative penalty by reducing the amount of
the penalty.
Decision
final
(14) The
reviewer’s decision is final.
Payment
after review
(15) If
the reviewer finds under clause (13) (
b) or (
c) that a person has contravened
the provision of this Act or the regulations specified in the order imposing
the administrative penalty, the person shall pay the penalty required by the
reviewer within 30 days after the day the decision was made.
Enforcement
by court
(16) If
an order imposing an administrative penalty has been issued under this
section
to a person and the penalty is not paid by the applicable deadline, the order
imposing the administrative penalty or the reviewer’s decision, as the case may
be, may be filed in the Superior Court of Justice and then may be enforced as
if it were an order of that court.
Postjudgment
interest
(17) Section
129 of the Courts of Justice Act applies in respect
of an order or decision filed in the Superior Court of Justice under subsection
(16) and the date on which the order or decision is filed under subsection
(19) is deemed to be the date of the order that is referred to in
section 129 of the
Courts of Justice Act .
Municipal
enforcement
(18) If
an order imposing an administrative penalty has been issued under this
section to
a person who owns lands or premises in a municipality and the penalty is not
paid within 15 days after the applicable deadline, the treasurer of the
municipality may, and upon the request of its upper-tier municipality, if any,
shall, add the administrative penalty to the tax roll for any property in the
municipality for which all of the owners are responsible for paying the
administrative penalty and collect it in the same manner as municipal taxes.
Enforcement
in territory without municipal status
(19) If
an order imposing an administrative penalty has been issued under this
section to
a person who owns lands or premises in a territory without municipal
organization and the penalty is not paid within 15 days after the applicable
deadline, the prescribed authorized person who issued the order shall notify
the Minister of Finance when,
(
a) the
time limit for submitting a request for review of the order has expired and no
review has been requested; or
(
b) a
review of the order was requested and the reviewer confirmed or amended the
order under clause (13) (
b) or (c).
Same
(20) When
the Minister of Finance receives notice of an order under subsection (19), the
amount of the administrative penalty may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax
imposed under that Act.
Section 78 of the Act is amended by adding the following subsection:
G. in C.
(1.1) The
Lieutenant Governor in Council may make regulations governing administrative
penalties that may be imposed under
section 30.2, and, without limiting the
foregoing, may make regulations,
(
a) prescribing
provisions of this Act and of the regulations for the purpose of subsection
30.2 (2);
(
b) prescribing
authorized persons for the purpose of
section 30.2, which may include
authorizing municipalities to appoint prescribed authorized persons;
(
c) prescribing
the amount of a penalty, or a method for calculating the amount of a penalty,
and prescribing different penalties or ranges of penalties for different types
of contraventions or failures to comply and different penalties or ranges of
penalties depending on specified criteria;
(
d) authorizing
prescribed authorized persons to determine the amount of a penalty, if the
amount of the penalty or method for calculating the amount of the penalty is
not prescribed, and prescribing criteria that may or must be considered when
making an order under subsection 30.2 (2), including prescribing that the
criteria may include aggravating or mitigating factors;
(
e) authorizing
that a penalty may be imposed for each day or part of a day on which a
contravention or failure to comply continues;
(
f) authorizing
higher penalties for a second or subsequent contravention or failure to comply;
(
g) governing
the payment of penalties and authorizing prescribed authorized persons to
approve a plan of periodic payments that extends beyond the deadline;
(
h) authorizing
the imposition of late payment fees respecting penalties that are not paid
before the specified deadline, including graduated late payment fees, and
providing that such fees are included as part of the penalty for enforcement
purposes;
(
i) prescribing
a lesser maximum penalty and the provisions of this Act or the regulations to
which the lesser maximum penalty applies;
(
j) prescribing
and governing procedures for making and serving an order under
section 30.2,
including prescribing rules for service, prescribing the day on which an order
is deemed to have been received and providing for service on persons outside
Ontario;
(
k) governing
the review of an order, including,
(
i) prescribing
persons or entities as reviewers, which may include authorizing municipalities
to appoint the reviewers,
(ii) establishing
procedures for commencing and conducting a review,
(iii) establishing
time limits for the stages of a review and authorizing the reviewer to extend
any time limit,
(iv) prescribing
that the review must or may be conducted orally, electronically or in writing
or authorizing the reviewer to make that determination, and
(
v) establishing
criteria to be considered and criteria not to be considered by the reviewer
when determining what decision to make;
(
l) prescribing
the form and content of orders under
section 30.2;
(
m) prescribing
circumstances in which a person is not required to pay an administrative
penalty;
(
n) providing
that an administrative penalty is payable to a prescribed person rather than to
the Minister of Finance, and is a debt due to the person to whom it is payable;
(
o) providing
for other matters to carry out the purpose of
section 30.2.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 11
JURIES ACT
Subsection 5 (2) of the Juries Act is repealed and
the following substituted:
Required
number of jury questionnaires
(2) The
Jury Sheriff shall determine the number of persons in the jury area who need to
be mailed a jury questionnaire or instructions to access a jury questionnaire
in order to attain the aggregate number of persons described in clause (1) (c).
Recommendation
of local sheriff
(3) The
local sheriff may make recommendations to the Jury Sheriff respecting
determinations under subsection (2).
Subsection 17 (1) of the Act is repealed and the following substituted:
Notice
Summoning
jurors 28 days before attendance required
(1) The
Jury Sheriff shall summon every person on the panel list to serve on juries by
mailing to the person a notice in the prescribed form at least 28 days before
the day on which the person is to attend.
Shortened
period
(1.1) The
28-day period referred to in subsection (1) does not apply if,
(
a) the
Jury Sheriff is directed to randomly select and summon additional jurors under
this Act; or
(
b) the
Jury Sheriff determines that adherence to the 28-day period is impossible or
unreasonably difficult.
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 12
JUSTICES OF THE PEACE ACT
Clause 2.1 (13) (
a) of the Justices of the Peace Act
is amended by striking out “cultural identity”.
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 13
LAND TITLES ACT
Clause 35 (
a) of the Land Titles Act is repealed
and the following substituted:
(
a) search
against the patentee for writs of execution and other liens in the electronic
database maintained by the sheriff who has territorial jurisdiction for the
land titles division where the land registrar made the entry as the index of
writs of execution; and
The French version of
section 135 of the Act is amended by striking out
“domicile élu” wherever it appears and substituting in each case “adresse aux
fins de signification”.
(1) Subsections 136 (1), (2) and (3) of the Act are repealed and the
following substituted:
Executions
Definition
(1) In
this section,
“index”
means the electronic database maintained by the sheriff as the index of writs
of execution.
When
land is bound
(2) No
registered land is bound by any writ of execution or any certificate of lien
under the Bail Act until the sheriff to whom it is
directed has complied with subsection 10 (4) of the Execution
Act with respect to the writ of execution or certificate of lien, as the
case may be.
Transfer
void
(3) No
sale or transfer under a writ of execution or certificate of lien mentioned in
subsection (2) is valid as against a person purchasing for valuable
consideration before the sheriff has complied with subsection 10 (4) of the Execution Act with respect to the writ of execution or
certificate of lien, as the case may be, although the purchaser may have had
notice of the writ or certificate of lien, as the case may be.
(2) Subsection
136 (6) of the Act is amended by striking out “subsection (1)” and substituting
“subsection (2)”.
(3) Subsections
136 (7) and (8) of the Act are repealed and the following substituted:
Where
writ not binding
(7) A
writ of execution or certificate of lien mentioned in subsection (2) does not
bind land being transferred or charged as against the transferee or chargee if
the following criteria are satisfied:
1. The
land registrar decides that the name of the execution debtor appearing in the
writ or certificate of lien, as the case may be, and the name of the registered
owner as it appears in the records of the land registry office of the land
registrar do not represent the same person.
2. The
land registrar does one of the following:
i. In
the case of a charge, issues a certificate to the effect that the land
registrar has made the decision described in paragraph 1.
ii. In
the case of a transfer, registers the transfer free of the writ or certificate
of lien, as the case may be.
Amendment
to Bail Act
Section 2 of the Bail Act is amended by striking
out “subsection 136 (1) of the Land Titles Act ” and
substituting “subsection 10 (4) of the Execution Act ”.
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 14
LAW SOCIETY ACT
Subsection 51 (6) of the Law Society Act is
repealed and the following substituted:
Conditions
of grants
(6) No
grant shall be made out of the Fund unless notice in writing of the loss is
received by the Society within two years after the loss came to the knowledge
of the person suffering the loss.
Commencement
This
Schedule comes into force on the day Enhancing Access
to Justice Act, 2024 receives Royal Assent.
SCHEDULE 15
LEGISLATION ACT, 2006
Subsection 8 (3) of the Legislation Act, 2006 is
repealed and the following substituted:
Provisions
coming into force on a day to be named by order
(3) If
an Act provides that any provisions of
an Act are to come into force on a day
to be named by order of the Lieutenant Governor in Council, the following rules
apply to such an order:
1. Orders
may be issued at different times for different parts, portions or sections of
those provisions.
2. The
order may be amended or revoked by a further order of the Lieutenant Governor
in Council.
3. The
order may be amended or revoked before the date named by the order, but not on
or after that date.
4. If
the order names different dates for different provisions, the order may be
amended or revoked with respect to a particular provision before the date named
for that provision, but not on or after that date.
Effect
of amendment to order
(4) For
greater certainty, the dates referred to in paragraphs 3 and 4 of subsection
(3) are the dates as amended by any amendments to that order.
The Act is amended by adding the following section:
Transition
— provisions to come into force on proclamation
8.1
(1) A
provision of
an Act that is to come into force on a day to be named by
proclamation of the Lieutenant Governor is deemed to be a provision that is to
come into force on a day to be named by order of the Lieutenant Governor in
Council.
Same
(2) A
proclamation that names a day on which any provisions of
an Act are to come
into force may be amended by order of the Lieutenant Governor in Council in
accordance with the rules set out in
section 8, with necessary modifications.
Continued
validity of issued proclamations
(3) Any
proclamation that names a day on which provisions of
an Act are to come into
force and that was issued on or before the day that is 30 days after the day
this
section came into force continues to be valid.
(1) Clause 10.1 (1) (
a) of the Act is repealed and the following
substituted:
(
a) is
to come into force on a day to be named by order of the Lieutenant Governor in
Council;
(2) Clause
10.1 (2) (
a) of the Act is amended by adding “or is repealed” after “it comes
into force”.
Section 13 of the Act is amended by adding the following subsection:
Same
(2) Judicial
notice shall be taken of the issuing and contents of,
(
a) every
order of the Lieutenant Governor in Council that names a day on which
provisions of
an Act are to come into force; and
(
b) every
order of the Lieutenant Governor in Council that amends or revokes an order
described in clause (a).
(1) Section 15 of the Act is amended by adding the following subsections:
Publication
of certain orders
(3.1) Every
order of the Lieutenant Governor in Council that names a day on which
provisions of
an Act are to come into force, and every order of the Lieutenant
Governor in Council that amends or revokes such an order, shall be published on
the e-Laws website promptly after it is made.
Corrections
(3.2) If
the Chief Legislative Counsel discovers that an order that is published on the
e-Laws website in accordance with subsection (3.1) differs from the order that
was made, the Chief Legislative Counsel shall ensure that a corrected order is
promptly published on the e-Laws website.
(2) Subsection
15 (4) of the Act is amended by striking out “subsection (2) or (3)” and
substituting “subsection (2), (3) or (3.2)”.
Subsection 19 (8) of the Act is repealed.
Section 23 of the Act is amended by adding the following subsection:
Same
(1.1) A
commencement provision in a regulation is deemed to come into force on the day
the regulation is filed, regardless of when the regulation is specified to come
into force.
The Act is amended by adding the following section:
Exercise
of delegated power before commencement
23.1
(1) A power
conferred by a regulation may be exercised at any time after the regulation is
filed even if the regulation is not yet in force.
Same
(2) Until
the regulation comes into force, the exercise of a power in accordance with
subsection (1) has no effect except as may be necessary to make the regulation
effective when it comes into force.
Section 48 of the Act is repealed and the following substituted:
Existing
and future legislation
Section
46 applies regardless of when the Act or regulation was enacted or made.
Clause 51 (1) (
c) of the Act is repealed and the following substituted:
(
c) affect
a contravention of or offence committed against the repealed or revoked Act or
regulation, or any penalty, forfeiture or punishment incurred in connection
with the contravention or offence; or
Section 54 of the Act is amended by adding the following subsection:
Same
(4) Subsection
(3) applies with necessary modifications if a power of a minister of the Crown
to make regulations is conferred on a different minister of the Crown under the
Executive Council Act .
Subsections 59 (1) and (2) of the Act are repealed and the following
substituted:
References
to Ontario legislation
(1) A
reference in
an Act or regulation to a provision of another Act or regulation
is a reference to the provision,
(
a) as
amended;
(
b) as
changed under
Part V (Change Powers); or,
(
c) if
the provision has been replaced, to the replacement provision.
Same
(2) Subsection
(1) applies whether the provision is amended, changed or replaced before or
after the commencement of the provision containing the reference.
Subsections 60 (1) and (2) of the Act are repealed and the following
substituted:
References
to other Canadian legislation
(1) A
reference in
an Act or regulation to a provision of
an Act or regulation of
Canada or of another province or territory of Canada is a reference to the
provision,
(
a) as
amended;
(
b) as
changed in the exercise of a statutory power to make non-substantive changes; or,
(
c) if
the provision has been replaced, to the replacement provision.
Same
(2) Subsection
(1) applies whether the provision is amended, changed or replaced before or
after the commencement of the provision containing the reference.
Subsection 62 (5) of the Act is amended by striking out “the day the Access to Justice Act, 2006 receives Royal Assent” at the
end and substituting “October 19, 2006”.
Section 75 of the Act is repealed.
The French version of paragraph 1 of subsection 89 (6) of the Act is amended by
adding “à partir du jour déterminé” after “se calcule”.
Subsection 92 (2) of the Act is amended by striking out “on the day before the
day the Access to Justice Act, 2006 receives Royal
Assent” at the end and substituting “immediately before October 19, 2006”.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Enhancing Access to
Justice Act, 2024 receives Royal Assent.
(2) Sections
1 and 2, subsection 3 (1) and sections 4, 5 and 15 come into force on a day to
be named by proclamation of the Lieutenant Governor.
SCHEDULE 16
PROVINCIAL OFFENCES ACT
(1) Subsections 5 (1) and (2) of the Provincial
Offences Act are repealed and the following substituted:
Having
a trial
(1) A
defendant who is served with an offence notice may give notice of their intention
to appear in court for the purpose of entering a plea and having a trial of the
matter by,
(
a) completing
the notice of intention to appear part of the offence notice and delivering it
to the court office in the manner specified in the offence notice;
(
b) completing
a notice of intention to appear in the form determined by the regulations and
delivering it to the court office in any manner by which the offence notice may
be delivered under clause (a); or
(
c) giving
notice of their intention to appear in any other manner specified in the
offence notice.
(2) Subsection
5 (4) of the Act is amended by striking out “given to” and substituting
“received by”.
(1) Subsection 5.1 (2) of the Act is repealed and the following
substituted:
Requesting
a meeting
(2) A
defendant may, instead of giving notice of intention to appear under
section 5,
request a meeting with the prosecutor to discuss the resolution of the offence
if, within 15 days after being served with the offence notice, the defendant,
(
a) indicates
the request on the offence notice and delivers it to the court office in the
manner specified in the offence notice; or
(
b) makes
the request in any other manner specified in the offence notice.
(2) Subsection
5.1 (2.1) of the Act is amended by striking out “delivered to” and substituting
“received by”.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE
PUBLIC OFFICERS ACT
Sections 7 to 11, 13 and 14 of the Public Officers Act
are repealed.
Niagara
Parks Act
Section 18 of the Niagara Parks Act is repealed.
Pension
Benefits Act
Section 99 of the Pension Benefits Act is repealed.
St.
Lawrence Parks Commission Act
Section 15 of the St. Lawrence Parks Commission Act
is repealed.
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995
The French version of the title of the Victims’ Bill of
Rights, 1995 is amended by striking out “d’actes criminels” and
substituting “d’infractions criminelles”.
(1) The French version of the definition of “crime” in
section 1 of
the Act is repealed.
(2) The
French version of
section 1 of the Act is amended by adding the following
definition:
«infraction
criminelle» Infraction prévue au Code criminel
(Canada). («crime»)
(1) Subsection 3 (2) of the Act is amended by striking out the
portion before paragraph 1 and substituting the following:
Presumption
(2) The
following victims of a crime shall be presumed to have suffered emotional
distress, if the crime is prescribed for the purposes of subsection (1):
. . . .
(2) Subsection
3 (2) of the Act is amended by adding the following paragraphs:
4. A
victim of a crime if,
i. the
crime is of a sexual nature, or
ii. the
crime is for or involves a sexual purpose.
5. A
victim of the publication or distribution of a voyeuristic recording or an
intimate image without consent, or any other activity that is in contravention
of subsection 162 (4) or 162.1 (1) of the Criminal Code
(Canada).
6. A
victim of a crime respecting trafficking in persons.
(3) Subsection 3 (2) of the Act is
amended by adding the following paragraph:
7. A
victim of an assault if the victim was under the age of 18 or was a person with
a disability at the time of the assault and if one of the following criteria
was met at the time of the assault:
i. The
assailant was in a position of trust or authority over the victim.
ii. The
victim was in a relationship of dependency with the assailant.
Clause 5 (2) (
b) of the Act is amended by striking out “section 727.9” and
substituting “section 737”.
(1) Subsection 5.1 (1) of the Act is amended by striking out
“d’actes criminels” at the end and substituting “d’infractions criminelles”.
(2) Subsection
5.1 (7) of the Act is repealed.
The French version of the Act, except subsection 5.1 (1), is amended by,
(
a) striking
out “actes criminels” wherever it appears and substituting in each case
“infractions criminelles”;
(
b) striking
out “d’un acte criminel prescrit” wherever it appears and substituting in each
case “d’une infraction criminelle prescrite”;
(
c) striking
out “d’un acte criminel” wherever it appears and substituting in each case
“d’une infraction criminelle”; and
(
d) striking
out “l’acte criminel” wherever it appears and substituting in each case
“l’infraction criminelle”.
Consequential Amendments
Coroners
Act
The French version of subsection 41 (3) of the Coroners Act is amended by striking out “ Charte de 1995 des droits des victimes d’actes criminels ”
wherever it appears and substituting in each case “ Charte
de 1995 des droits des victimes d’infractions criminelles ”.
Correctional
Services and Reintegration Act, 2018
(1) The French version of
section 147 of the Correctional Services and Reintegration Act,
2018 is
amended by striking out “ Charte de 1995 des droits des
victimes d’actes criminels ” and substituting “ Charte
de 1995 des droits des victimes d’infractions criminelles ”.
(2) The
French version of paragraph 67 of subsection 156 (1) of the Act is amended by
striking out “ Charte de 1995 des droits des victimes
d’actes criminels ” and substituting “ Charte de 1995
des droits des victimes d’infractions criminelles ”.
Highway
Traffic Act
The French version of clause 21.1 (14) (k.1) of the Highway
Traffic Act is amended by striking out “ Charte de
1995 des droits des victimes d’actes criminels ” and substituting “ Charte de 1995 des droits des victimes d’infractions criminelles ”
at the end.
Ministry
of Correctional Services Act
The French version of the Ministry of Correctional
Services Act is amended by striking out “ Charte de
1995 des droits des victimes d’actes criminels ” wherever it appears and
substituting in each case “ Charte de 1995 des droits des
victimes d’infractions criminelles ”.
Commencement
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day Enhancing Access to Justice
Act, 2024 receives Royal Assent.
(2) Sections
1 and 2, subsection 5 (1) and sections 6, 7, 9 and 10 come into force on the
day to be named by proclamation of the Lieutenant Governor.
(3) Subsection
8 (1) comes into force on the later of the day
section 6 comes into force and
the day
section 147 of the Correctional Services and
Reintegration Act, 2018 comes into force.
(4) Subsection
8 (2) comes into force on the later of the day
section 6 comes into force and
the day paragraph 67 of subsection 156 (1) of the Correctional
Services and Reintegration Act, 2018 comes into force.
SCHEDULE 19
REFERENCES TO THE CROWN
Auditor
General Act
(1) The definition of “Crown controlled corporation” in
section 1 of
the Auditor General Act is amended by striking out
“Her Majesty” and substituting “the Crown”.
(2) Clause
21 (1) (
b) of the Act is amended by striking out “Her Majesty Queen Elizabeth
the Second ( or the reigning sovereign for the time being ),
her heirs” and substituting “His Majesty King Charles the Third ( or the reigning sovereign for the time being ), his
heirs”.
Barristers
Act
Act is amended by striking out “Her Majesty’s courts in Ontario” at the
end and substituting “His Majesty’s courts in Ontario”.
(2) The
Majesty’s counsel learned in the law”” and substituting ““His Majesty’s counsel
learned in the law””.
(3) Subsection
2 (2) of the Act is amended by striking out “Queen’s” and substituting
“King’s”.
Courts
of Justice Act
(1) Section 93 of the Courts of Justice Act
is amended by striking out “Her Majesty” and substituting “the Crown in right
of Ontario”.
(2) Subsection
131 (2) of the Act is repealed and the following substituted:
Crown
costs
(2) In
a proceeding to which the Crown is a party, costs awarded to the Crown shall
not be disallowed or reduced on assessment merely because they relate to a
lawyer who is a salaried officer of the Crown, and costs recovered on behalf of
the Crown shall be paid into the Consolidated Revenue Fund.
Same
(3) In
subsection (2),
“Crown”
means the Crown in right of Ontario.
Crown
Administration of Estates Act
(1) Section 7 of the Crown Administration of
Estates Act is amended by striking out “Her Majesty” and substituting
“the Crown in right of Ontario”.
(2) Section
8 of the Act is amended by striking out “either in his or her own name, on
behalf of Her Majesty, or in the name of Her Majesty” and substituting “either
in the Public Guardian and Trustee’s own name on behalf of the Crown in right
of Ontario or in the name of the Crown in right of Ontario”.
(3) Subsection
14 (2) of the Act is amended by striking out “Her Majesty or the Province” and
substituting “the Crown in right of Ontario”.
Education
Act
Subsection 209 (3) of the Education Act is amended
by striking out “Her Majesty, Queen Elizabeth II” and substituting “His Majesty
King Charles the Third”.
Evidence
Act
(1) Section 25 of the Evidence Act is
amended by striking out “the Queen’s” and substituting “His Majesty’s”.
(2) Clause
26 (
e) of the Act is amended by striking out “by the Queen’s Printer or by the
government printer for the province or territory” and substituting “by the
government printer for the province or territory”.
(3) The
Majesty” wherever they appear and substituting in each case “His Majesty’s” and
“His Majesty” respectively.
Fuel
Tax Act
(1) Subsection 8 (11) of the Fuel Tax Act
is amended by striking out “Her Majesty” and substituting “the Crown in right
of Ontario”.
(2) Subsection
13 (11) of the Act is amended by striking out “Her Majesty the Queen” and
substituting “the Crown”.
(3) The
Act is amended by striking out “Her Majesty” wherever it appears and
substituting in each case “the Crown”.
Gasoline
Tax Act
(1) Subsection 5 (11) of the Gasoline Tax Act
is amended by striking out “Her Majesty” and substituting “the Crown in right
of Ontario”.
(2) Subsection
19 (4) of the Act is amended by striking out “Her Majesty the Queen” and
substituting “the Crown”.
(3) The
Act is amended by striking out “Her Majesty” wherever it appears and
substituting in each case “the Crown”.
Legislation
Act, 2006
Act, 2006 is amended by striking out “Her Majesty” and substituting “His
Majesty”.
(2) Subsection
42 (2) of the Act is amended by adding the following paragraph:
9.1 Make
such changes as may be required to reflect a change of reigning sovereign or to
otherwise change the terminology used to refer to the Crown in accordance with
Ontario drafting practices.
(3) Section
71 of the Act is amended by striking out “Her Majesty” and “Her Majesty’s” and
substituting “the Crown” and “the Crown’s” respectively.
(4) The
Queen”, “the King” or “the Crown”” in
section 87 of the Act is amended by
striking out “Her other Realms” and substituting “His other Realms”.
(5) The
Act is amended by striking out “Her Majesty’s” and substituting “His
Majesty’s”.
(6) The
Act is amended by striking out “Queen’s Printer” wherever it appears and
substituting in each case “King’s Printer for Ontario”.
Legislative
Assembly Act
Subsection 101 (3) of the Legislative Assembly Act is
amended by striking out “Her Majesty Queen Elizabeth the Second (or the
reigning sovereign for the time being), her heirs” and substituting “His
Majesty King Charles the Third (or the reigning sovereign for the time being),
his heirs”.
Mining
Act
Subsection 91 (1) of the Mining Act is amended by
striking out “Her Majesty, Her heirs and successors” and substituting “the
Crown”.
Ministry
of Government Services Act
The Ministry of Government Services Act is amended
by striking out “Queen’s Printer” wherever it appears and substituting in each
case “King’s Printer”.
Ontario
Gazette Act
(1) Sections 1 and 2 of the Ontario Gazette Act
are amended by striking out “Queen’s Printer” wherever it appears and
substituting in each case “King’s Printer for Ontario”.
(2) Section
4 of the Act is amended by striking out “Queen’s Printer” wherever it appears
and substituting in each case “King’s Printer”.
Public
Officers Act
Section 4 of the Public Officers Act is amended by
striking out “Her Majesty Queen Elizabeth the Second ( or
the reigning Sovereign for the time being ), her heirs and successors”
and substituting “His Majesty King Charles the Third ( or
the reigning Sovereign for the time being ), his heirs and successors”.
Public
Transportation and Highway Improvement Act
(1) Subsection 33 (7) of the Public
Transportation and Highway Improvement Act is amended by,
(
a) striking
out ““Her Majesty the Queen in right of the Province of Ontario, represented by
“Sa Majesté du chef de l’Ontario, représentée par le Ministre des Transports de
l’Ontario” in French” and substituting ““His Majesty the King in right of
(
b) striking
subject of His Majesty”.
(2) The
subject of Her Majesty” and substituting “a subject of His Majesty”.
Securities
Act
(1) Clause 142 (1) (
c) of the Securities Act
is repealed and the following substituted:
(
c) the
Crown in right of any other province of Canada or the Government of a territory
of Canada,
(2) Clause
142 (2) (
c) of the Act is repealed and the following substituted:
(
c) the
Crown in right of any other province of Canada or the Government of a territory
of Canada; or
(3) Clause
142 (2.1) (
c) of the Act is repealed and the following substituted:
(
c) the
Crown in right of any other province of Canada or the Government of a territory
of Canada; or
(4) Clause
142 (3) (
c) of the Act is repealed and the following substituted:
(
c) the
Crown in right of any other province of Canada or the Government of a territory
of Canada; or
(5) The
Act is amended by striking out “Her Majesty” wherever it appears and substituting
in each case “the Crown”.
Commencement
This
Schedule comes into force on the day the Enhancing
Access to Justice Act, 2024 receives Royal Assent.
Bill 157 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
ARCHITECTS ACT
The
Schedule amends the Architects Act to establish a
limited licence to engage in the practice of architecture. Conditions of a
limited licence would be set out by regulations made under the Act.
Consequential amendments are made throughout the Act, and to two other Acts, to
reflect the addition of limited licences. These include the addition of an
offence respecting the use of the title “Licensed Technologist” by a person who
is not the holder of a limited licence or certificate of practice.
number of housekeeping amendments are also made to the Act.
SCHEDULE 2
CANNABIS CONTROL ACT, 2017
The
Schedule amends the Cannabis Control Act, 2017 .
The
Act is amended to prohibit the cultivation, propagation or harvesting of
cannabis in dwellings in which child care, as defined in the Child Care and Early Years Act, 2014 , is provided. An
exception is provided for in-home services.
Currently,
section 26 of the Act authorizes the Minister to enter into arrangements and
agreements with a council of the band with respect to certain cannabis
regulation issues on a reserve. Subsection 26 (3) is re-enacted to authorize
the Lieutenant Governor in Council to make regulations to implement the
arrangement or agreement. These regulations may modify or clarify the
application of the Act, establish requirements that apply on a reserve and
incorporate rules established by the council of the band. These regulations are
subject to certain limits related to
section 69 of the Cannabis
Act (Canada).
SCHEDULE 3
CANNABIS LICENCE ACT, 2018
The
Schedule amends the Cannabis Licence Act, 2018 .
Currently,
section 44 of the Act authorizes the Minister to enter into arrangements and
agreements with a council of the band with respect to certain cannabis
regulation issues on a reserve. Subsection 44 (1) is re-enacted to state that
it applies to arrangements or agreements with respect to the sale of cannabis
on a reserve. New subsection 44 (3) is added to authorize the Lieutenant
Governor in Council to make regulations to implement the arrangement or
agreement. These regulations may modify or clarify the application of the Act,
establish requirements that apply on a reserve and incorporate rules
established by the council of the band.
SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019
The
Community Safety and Policing Act, 2019 is amended
to change the French version of the term “special constable” from “agent
spécial” to “constable spécial”. Related amendments are made to several other
Acts.
Section
207 of the Act is amended to provide that certain disciplinary measures shall be expunged from a
police officer’s employment record two years after they were imposed, instead
of five years. The
section is amended to only allow the extension of the
retention period for disciplinary measures described in paragraph 1 or 3 of
subsection 200 (1). applications
Applications to
the Commission Chair under that
section must be made within the prescribed
period. The Commission Chair is required to appoint an adjudicator within 30
days after the application is received, except in exceptional circumstances.
Section
220 of the Act is amended to repeal paragraph 5 of subsection 220 (1), which
would apply the restriction in subsection 220 (2) to persons employed in a
confidential capacity in relation to labour relations. The restriction in
subsection 220 (2) is amended to apply only to positions that would likely give
rise to a conflict of interest in engaging in or assisting with collective
bargaining.
Section
262 of the Act, which sets out a consultation process for certain regulations,
is repealed.
SCHEDULE 5
CORONERS ACT
The
Schedule amends the Coroners Act .
Currently,
subsection 10 (5) of the Act requires that an inquest be performed whenever a
worker dies as a result of an accident occurring in the course of the worker’s
employment at or in a mining plant, mine or construction project. This
subsection is replaced with new requirements requiring notification of a
coroner when a person in charge has reason to believe a worker died in the
course of their employment at those sites. Inquests are mandatory for deaths at
or in mining plants or mines. In the case of deaths at or in construction
projects, the coroner shall investigate the circumstances of the death and
determine whether an inquest ought to be held. A procedure for requesting an
inquest in the case of a death at or in a construction project is set out.
New
section 10.2 requires an annual review of all worker deaths in the previous
calendar year resulting from an accident occurring in the course of the
worker’s employment at or in a construction project. This includes a review of
each of the deaths that occurred, a systemic examination of all such deaths and
the development of recommendations to prevent further deaths. The Chief Coroner
may assign the review of deaths to multiple coroners and may assign them at
different times of the year. The Chief Coroner may also personally conduct a
review. The Chief Coroner shall publish the reports from these reviews on a
website of the Government of Ontario in accordance with the regulations.
SCHEDULE 6
COURTS OF JUSTICE ACT
The
Schedule amends the Courts of Justice Act .
Clause
43 (9) (
a) of the Act is amended so that the Judicial Appointments Advisory
Committee is no longer required to include statistics on the cultural identity
of candidates for appointment as provincial judges in its annual report.
Subsection
65 (2) of the Act is amended to change the composition of the Civil Rules
Committee by removing the Chief Justice of the Ontario Court of Justice or
their designate as a member and adding one associate judge appointed by the Chief
Justice of the Superior Court of Justice. Consequential amendments are made to
section 65.
Sections
65 and 67 of the Act are amended to add a new confidentiality obligation in
relation to information or records held by the Ministry of the Attorney General
that relate to the business of the Civil Rules Committee and the Family Rules
Committee.
new
section 83 is added for the purposes of subsection 41 (1) of the Judges Act (Canada) to provide express authority for
judges to attend meetings, conferences or seminars held for a purpose relating
to the administration of justice.
Section
123 of the Act is amended to provide continuing jurisdiction for judges of the Ontario
Court of Justice who are appointed to another court while presiding over
certain hearings under the Child, Youth and Family
Services Act, 2017 , so that the hearings can be completed before the
same judge despite the appointment.
Section
140 of the Act is amended to allow judges of both the Superior Court of Justice
and the Court of Appeal to make orders related to vexatious proceedings. These
orders may be made on the judge’s own initiative or on motion or application by
any person. The rules for appeals and reviews of these orders are set out.
SCHEDULE 7
EVIDENCE ACT
The
Evidence Act is amended by adding a new
section
that provides that the sharing of information between public sector bodies on a
confidential basis does not affect or constitute a waiver of any privilege that
applies with respect to the information.
SCHEDULE 8
EXECUTION ACT
The
Execution Act is amended with respect to the
electronic database maintained by the sheriff as the index of writs of
execution. The amendments include the imposition of additional requirements on
the sheriff with respect to maintenance of the index. For example, the sheriff
is required to update the names of execution debtors as directed by the court.
The
Act is also amended to provide that where a question arises in relation to the
measures to be taken by a sheriff or any person assisting the sheriff in
carrying out a writ of possession, the sheriff or any interested person may
apply to the court a judge of the Superior Court of Justice
for directions.
SCHEDULE 9
FAMILY LAW ACT
The
Schedule amends the Family Law Act to provide
express authority for the regulations establishing child support guidelines
under the Act to do so by incorporating by reference the Federal Child Support
Guidelines made under the Divorce Act (Canada).
SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997
The
Fire Protection and Prevention Act, 1997 is amended
to add a new
section respecting administrative penalties. This new
section
authorizes prescribed authorized persons to make orders imposing administrative
penalties on persons who have contravened prescribed provisions of the Act or
the regulations. The new
section also sets out a process for applying for
review of these penalties, and various enforcement provisions.
The
Lieutenant Governor in Council is given related regulation-making authorities.
SCHEDULE 11
JURIES ACT
The
Schedule amends the Juries Act .
Subsection
5 (2) of the Act provides that the local sheriff is required to determine the
number of persons in a jury area who need to be mailed a jury questionnaire or
instructions on how to access one.
Section 5 of the Act is amended to provide
that the determination is to be made by the Jury Sheriff instead, but that the
local sheriff may make recommendations to the Jury Sheriff respecting the
determination.
Section
17 of the Act is amended to provide that the period by which a jury summons
notice must be provided to a person does not apply if the Jury Sheriff
determines that it is impossible or unreasonably difficult to comply with the
timing requirement.
SCHEDULE 12
JUSTICES OF THE PEACE ACT
Clause
2.1 (13) (
a) of the Justices of the Peace Act is
amended so that the Justices of the Peace Appointments Advisory Committee is no
longer required to include statistics on the cultural identity of candidates
for appointment as justices of the peace in its annual report.
SCHEDULE 13
LAND TITLES ACT
The
Land Titles Act is amended to remove obligations
currently imposed under the Act on a sheriff to whom a writ of execution, a
renewal of a writ of execution or a certificate of lien under the Bail Act is directed. A consequential amendment to the Bail Act is also made.
SCHEDULE 14
LAW SOCIETY ACT
Subsection
51 (6) of the Law Society Act is re-enacted to
provide that a person who has suffered a loss from
an act of dishonesty on the
part of a licensee and who wishes to receive a grant from the Compensation Fund
must provide notice in writing of their loss to the Law Society within two
years.
SCHEDULE 15
LEGISLATION ACT, 2006
The
Schedule makes various amendments to the Legislation Act,
2006 .
The
commencement provisions of Acts may provide for provisions to come into force
on a day to be named by proclamation of the Lieutenant Governor. These
proclamations are issued pursuant to an order made by the Lieutenant Governor
in Council.
Currently,
the Act sets out rules that apply to these proclamations. The
Schedule
recreates and adapts these rules to provide for the Lieutenant Governor in
Council making orders that name a day on which provisions of
an Act come into
force, without any need for an associated proclamation. These orders must be
published on the e-Laws website promptly after they are made.
new transition
section allows these orders to be made for any provisions of an
Act that are to come into force on a day to be named by proclamation. The
section also provides for the continued validity of certain proclamations.
The
Schedule also amends the Act respecting the commencement of regulations made
under Acts. A deemed commencement rule is added to
section 23 for regulations,
corresponding with subsection 8 (2) for Acts. As well, a new
section 23.1 is
added to permit powers conferred by a regulation to be exercised before the
regulation comes into force (but without effect for the most part). The new
section corresponds with
section 10 for Acts.
Clause
51 (1) (
c) of the Act provides for an interpretive presumption that the repeal
of
an Act or revocation of a regulation does not affect an offence committed
against the Act or regulation before its repeal or revocation, or any related
penalty, forfeiture or punishment. The clause is re-enacted so that it applies
with respect to any contraventions of
an Act or regulation in addition to
offences.
Finally,
the
Schedule makes various housekeeping amendments to the Act, including
replacing descriptions of a date with the actual date and repealing a spent
provision.
SCHEDULE 16
PROVINCIAL OFFENCES ACT
The
Schedule amends sections 5 and 5.1 of the Provincial
Offences Act with respect to how a defendant who is served with an
offence notice may give notice of an intention to appear in court for the
purpose of entering a plea and having a trial (section 5) or request a meeting with
the prosecutor to discuss the resolution of the offence (section 5.1).
SCHEDULE 17
PUBLIC OFFICERS ACT
The
Schedule repeals obsolete provisions of the Public
Officers Act and of Acts that refer to the Public
Officers Act .
SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995
Section
3 of the Victims’ Bill of Rights, 1995 establishes
a cause of action permitting victims of crimes that are prescribed by the
regulations to sue for emotional distress and related bodily harm arising from
those crimes. Subsection 3 (2) of the Act is amended to add to the list of
victims who are presumed to have suffered emotional distress.
Several
amendments are made to the French version of the Act to update terminology.
SCHEDULE 19
REFERENCES TO THE CROWN
The
Schedule amends various Acts respecting references to the Crown. In addition to
making a number of amendments directly, the
Schedule amends the Legislation Act, 2006 to add a new change power
permitting non-substantive changes to be made to Ontario Acts and regulations,
without the need for amendment, in order to reflect a change of reigning
sovereign or to otherwise change the terminology used to refer to the Crown in
accordance with Ontario drafting practices.
The
Schedule makes other related changes, including,
(
a) amending
the Ministry of Government Services Act to change
the name of the government printer from the Queen’s Printer for Ontario to the
King’s Printer for Ontario, and making the necessary consequential amendments
to other Acts; and
(
b) amending
the Barristers Act to change the title of Queen’s
Counsel to King’s Counsel.
Bill 157 2024
Act to amend various Acts in relation to the courts and other justice matters
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Architects
Act
Schedule 2
Cannabis
Control Act, 2017
Schedule 3
Cannabis
Licence Act, 2018
Schedule 4
Community
Safety and Policing Act, 2019
Schedule 5
Coroners
Act
Schedule 6
Courts
of Justice Act
Schedule 7
Evidence
Act
Schedule 8
Execution
Act
Schedule 9
Family
Law Act
Schedule 10
Fire
Protection and Prevention Act, 1997
Schedule 11
Juries
Act
Schedule 12
Justices
of the Peace Act
Schedule 13
Land
Titles Act
Schedule 14
Law
Society Act
Schedule 15
Legislation
Act, 2006
Schedule 16
Provincial
Offences Act
Schedule 17
Public
Officers Act
Schedule 18
Victims’
Bill of Rights, 1995
Schedule 19
References
to the Crown
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 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 Enhancing
Access to Justice Act, 2024 .
SCHEDULE 1
ARCHITECTS ACT
(1) Section 1 of the Architects Act is
amended by adding the following definition:
“limited
licence” means a limited licence to engage in the practice of architecture
issued under this Act; (“permis restreint”)
(2) The
definition of “Minister” in
section 1 of the Act is repealed and the following
substituted:
“Minister”
means the Attorney General or such other member of the Executive Council to
whom responsibility for the administration of this Act may be assigned or
transferred under the Executive Council Act ; (“ministre”)
(1) Subsection 5 (1) of the Act is amended by striking out “Every
person licensed by the Association” at the beginning and substituting “Every
holder of a licence or limited licence”.
(2) Subsection
5 (2) of the Act is amended by adding “or limited licence” after “licence”.
(1) Paragraph 9 of subsection 7 (1) of the Act is repealed and the
following substituted:
9. respecting
any matter ancillary to the provisions of this Act with regard to the issuing,
suspension and revocation of licences, limited licences, certificates of
practice and temporary licences, and the requirements and qualifications for
any of them, including but not limited to regulations,
i. respecting
the scope, standards and conduct of any examination set or approved by the
Council as a requirement for a licence or limited licence,
ii. respecting
the curricula and standards of professional training programs and courses of
study offered by the Council,
iii. respecting
the academic, experience and other requirements for admission into professional
training programs and courses of study,
iv. respecting
the academic and experience requirements for the issuance of a licence or
limited licence, and
v. establishing
classes of licence and limited licence;
(2) Paragraphs
10 and 11 of subsection 7 (1) of the Act are repealed and the following
substituted:
10. prescribing
and temporary licences;
(3) Paragraph
13 of subsection 7 (1) of the Act is amended by striking out “and prescribing
and requiring the use of forms of such returns” at the end and substituting
“and governing the requirements”.
(4) Paragraph
15 of subsection 7 (1) of the Act is amended by striking out “and prescribing
and requiring the use of forms of such returns” at the end and substituting
“and governing the requirements”.
(5) Paragraph
30 of subsection 7 (1) of the Act is repealed and the following substituted:
30. governing
the continuing education of members of the Association, including,
i. providing
for the development or approval of continuing education programs,
ii. requiring
members to successfully complete or participate in such programs, and
iii. providing
for sanctions for non-compliance, including suspension or cancellation of a
member’s licence or limited licence until the member is in compliance, or the
imposition of additional requirements in order to be considered to be in
compliance;
(6) Paragraph
33 of subsection 7 (1) of the Act is amended by striking out “licences,
certificates of practice” and substituting “licences, limited licences,
certificates of practice”.
Paragraph 23 of subsection 8 (1) of the Act is amended by striking out
“licensing” and substituting “licences, limited licences”.
Clause 11 (1) (
a) of the Act is amended by striking out “is licensed” and
substituting “is the holder of a licence or limited licence”.
(1) Clause 13 (1) (
d) of the Act is amended by striking out “or is
exempted therefrom by the Council” and substituting “subject to any exemption
by the Council”.
(2) Clause
13 (1) (
e) of the Act is amended by striking out “or is exempted therefrom by
the Council” at the end and substituting “subject to any exemption by the
Council”.
The Act is amended by adding the following section:
Limited
licence
13.1
(1) The
Registrar shall issue a limited licence to a natural person who applies in
accordance with the regulations and,
(
a) is
of good character;
(
b) is
not less than 18 years of age;
(
c) is
a citizen of Canada or has the status of a permanent resident of Canada or is a
member of an organization of architects that is recognized by the Council and
that has objects, standards of practice and requirements for membership similar
to those of the Association;
(
d) has
complied with the academic and experience requirements specified in the
regulations for the issuance of a limited licence, subject to any exemption by
the Council; and
(
e) has
passed such examinations and completed such courses of study as the Council may
set or approve in accordance with the regulations, subject to any exemption by
the Council.
Grounds
for refusal to issue limited licence
(2) The
Registrar may refuse to issue a limited licence to an applicant if the
Registrar is of the opinion, on reasonable and probable grounds, that the past
conduct of the applicant affords grounds for belief that the applicant will not
engage in the practice of architecture in accordance with the law and with
honesty and integrity.
Referral