Ontario Bill 245 (42nd Parliament, 1st Session)
Bill 245, 42-1
Ontario — Bills
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Bill 245, Accelerating Access to Justice Act, 2021
Downey, Hon. Doug Attorney General
Royal Assent received. Statutes of Ontario 2021,
chapter 4
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Bill 245 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a
reader’s aid to Bill 245 and does not form part of the law.
Bill 245 has been enacted as
Chapter 4 of the Statutes of Ontario, 2021.
Schedule
Barristers Act
Section
1 of the Barristers Act , which provides that a
current or former Minister of Justice and Attorney General of Canada or
Solicitor General of Canada is entitled to be called to the bar and practise
law in Ontario, is amended to add reference to a current or former Attorney
General for Ontario and to remove the reference to the Solicitor General of
Canada.
Schedule
Children’s Law Reform Act
The
Schedule amends subsection 51 (1.1) of the Children’s Law
Reform Act to remove the default maximum of $10,000 for the total of the
amount of money payable and the value of personal property deliverable under
subsection 51 (1) of the Act (payment of debt due to child if no guardian). Any
applicable maximum total would be set out by regulations made under the Act. In
addition, subsection 51 (2) of the Act is re-enacted to provide that money
payable under a judgment or order of a court, or on an intestacy, is subject to
subsection 51 (1) of the Act; currently money payable under a judgment or order
of a court is expressly excluded from the application of that subsection.
Schedule
Courts of Justice Act
The
Schedule amends the Courts of Justice Act and makes
consequential and related amendments to other Acts. The major elements are set
out below.
The
Schedule changes the title of a case management master to that of an associate
judge.
The
Schedule amends the Act with respect to the composition and functions of the
Judicial Appointments Advisory Committee. The lawyer members of the Committee
will now be appointed by the Attorney General from among lists provided by the
Law Society of Ontario, the Ontario Bar Association and the Federation of
Ontario Law Associations. The amendment to
section 42 of the Act requires the
Attorney General to keep information in relation to the appointment or
consideration of an individual as a provincial judge confidential. The
Committee is required to include statistics about the sex, gender, race and
other characteristics of all candidates who volunteer that information in its
annual report.
The
functions of the Committee are amended. Currently, the Committee advertises
judicial vacancies and recommends at least two candidates for the vacancy. The
amendments will require the Committee to advertise a vacancy and provide the
Attorney General with a ranked list of at least six recommended candidates,
with brief supporting reasons. The Attorney General can only recommend one of these
recommended candidates to the Lieutenant Governor in Council to fill the judicial
vacancy.
the Committee provided a recommendation for a similar judicial vacancy within
the previous 12 months, the Committee shall not advertise the new judicial vacancy
and shall instead prepare its recommendation from among the candidates for the
previous vacancy.
The
Attorney General retains the power to reject the Committee’s recommendations
and require a fresh list to be prepared. The new list must consist of six or
more candidates whom the Committee recommends from among the remaining
candidates for the judicial vacancy.
The
Attorney General may recommend criteria to be included in the criteria the
Committee establishes for the advertising, review and evaluation process.
The
Schedule re-enacts
section 112 of the Act to enable the Children’s Lawyer to
make investigations and prepare reports for the court on certain matters
specified by the court or to meet with the child and prepare reports for the
court on their views and preferences in proceedings under the Divorce Act (Canada) or the Children’s
Law Reform Act .
The
Schedule re-enacts
section 126 of the Act, which deals with the use of French
in court proceedings. The right to file documents in French is extended to all
courts throughout Ontario, instead of being limited to some courts and some
areas of Ontario. The right to request a translation of a court decision in a
bilingual proceeding will no longer depend on what language the party speaks.
Consequential
and related amendments are made to several other Acts. Subsection 2 (3) of the Public Service of Ontario Act, 2006 is amended to make
express reference to appointed officials who are not public servants.
Schedule
crown Administration of Estates Act
The
Schedule amends
section 2.1 of the Crown Administration of
Estates Act to require municipal police disclosure of information
related to an estate to the Public Guardian and Trustee on request.
Section 2.2
of the Act, which provides for
section 2.1 of the Act to override other Acts
and regulations in the event of a conflict, is re-enacted in order to add
express reference to the Municipal Freedom of Information
and Protection of Privacy Act as
an Act that may be overridden.
Schedule
Expropriations Act
The
Schedule amends the Expropriations Act to add a new
section 8.1, which permits the Lieutenant Governor in Council to make
regulations to establish, for any or all proposed expropriations, a process for
owners to provide comments respecting a proposed expropriation to the approving
authority, and for the approving authority to consider those comments and make
a determination respecting the proposed expropriation. This process would apply
instead of the hearing process provided for under
section 7 of the Act.
Complementary amendments are made to other provisions of the Act, as well as to
other Acts, to reflect the alternative process.
The
Schedule also amends
section 33 of the Act to provide for annual rates of
interest specified in that
section to be determined by regulations made under
the Act.
Schedule
ONTARIO LAND TRIBUNAL ACT, 2021
The
Schedule enacts the Ontario Land Tribunal Act, 2021 .
The new Act amalgamates the board of negotiation continued under the Expropriations Act , the Conservation Review Board, the
Environmental Review Tribunal, the Local Planning Appeal Tribunal and the
Mining and Lands Tribunal, and continues them as the Ontario Land Tribunal. The
Act provides for the composition of the Ontario Land Tribunal, sets out its
jurisdiction and powers and specifies the practices and procedures that apply
with respect to proceedings before it. The Consolidated
Hearings Act is repealed, and consolidated hearings provided for under
the new Act (section 21). Regulation-making authority is given to the Attorney
General to provide for transitional matters.
The
Act makes numerous complementary repeals, revocations and amendments:
1. The
Acts and provisions that establish the bodies that are amalgamated and
continued as the Ontario Land Tribunal are repealed. Regulations made under
those Acts and provisions are revoked.
2. The
City of Toronto Act, 2006 and the Municipal Act, 2001 are amended to incorporate the substance
of the provisions of the Local Planning Appeal Tribunal
Act, 2017 respecting the jurisdiction of the Ontario Land Tribunal over
municipal matters and public utilities.
3. The
Ontario Northland Transportation Commission Act is
amended to incorporate the substance of the provisions of the Local Planning Appeal Tribunal Act, 2017 respecting the
jurisdiction of the Ontario Land Tribunal over railways.
4. The
Expropriations Act is amended to eliminate the
appointment of the chief inquiry officer and other inquiry officers, and to
provide for hearings under
section 7 of that Act to proceed before the Ontario
Land Tribunal.
5. Various
Acts are amended to replace references to an amalgamated body with references
to the Ontario Land Tribunal.
6. Various
Acts are amended to replace outdated references to the Ontario Municipal Board
with references to the Ontario Land Tribunal.
Schedule
Public Accounting Act, 2004
The
Schedule amends the Public Accounting Act, 2004 to
dissolve The Public Accountants Council for the Province of Ontario, which
currently governs public accounting under the Act, and to transfer the
governance of public accounting in Ontario to the Chartered Professional
Accountants of Ontario (CPA Ontario). In governing public accounting, CPA
Ontario must adhere to public accounting standards that it establishes for
itself, subject to the approval of the Attorney General, under
section 19 of
the Act. The amendments expressly provide that licensed public accountants must
be members of CPA Ontario, and provide authority for CPA Ontario to regulate
public accounting and govern its members as public accountants largely through
by-laws and other instruments made by its council under the Chartered Professional Accountants of Ontario Act, 2017 .
That Act is amended to reflect CPA Ontario’s governance role under the Public Accounting Act, 2004 .
Schedule
Substitute Decisions Act, 1992
The
Schedule amends the Substitute Decisions Act, 1992
to provide for the remote witnessing of powers of attorney through the means of
audio-visual communication technology for powers of attorney entered into on or
after April 7, 2020.
The
Schedule also amends sections 83 and 90 of the Act, respecting the Public
Guardian and Trustee’s entitlement to have access to records relating to a
person who is alleged to be incapable in the context of an investigation
required under the Act, in order to provide for access to records in the
custody or control of an entity or class of entities prescribed by the
regulations made under the Act.
Schedule
Succession Law Reform Act
The
Schedule makes various amendments to the Succession Law
Reform Act , including the following:
1. The
Act is amended to provide for the remote witnessing of wills through the means
of audio-visual communication technology for wills made on and after April 7,
Section
16 of the Act, which provides that a will is revoked by the marriage of the
testator except in specified circumstances, is repealed.
Section
17 of the Act provides that if the marriage of the testator and the testator’s
spouse is terminated or declared a nullity, the testator’s will shall be
construed as if the former spouse had predeceased the testator. The
section is
amended to add other specified instances of spousal separation between married
spouses that would have the same result, but as of the testator’s death.
4. A
new
section 21.1 is added to give the Superior Court of Justice authority to,
on application, make an order validating a document or writing that was not
properly executed or made under the Act, if the Court is satisfied that the
document or writing sets out the testamentary intentions of a deceased or an
intention of a deceased to revoke, alter or revive a will of the deceased.
5. A
new
section 43.1 is added to provide that the spousal entitlements under
Part
II of the Act if a person dies intestate in respect of any or all property do
not apply if the person and the spouse are separated, as determined under the
section, at the time of the person’s death. A complementary amendment is made
section 6 of the Family Law Act .
Schedule
Amendments Respecting Appeals to a Minister
The
Schedule amends the Environmental Protection Act ,
the Mining Act , the Nutrient
Management Act, 2002 , the Ontario Water Resources
Act , the Pesticides Act , the Safe Drinking Water Act, 2002 and the Toxics Reduction Act, 2009 to remove provisions that
permit specified matters to be appealed to a minister of the Government of Ontario,
and to provide for regulation-making authority in each case to address any
transitional matters that may arise as a result. A consequential amendment is
made to the Resource Recovery and Circular Economy Act,
2016 .
Schedule
parentAGE terminology in french Versions of Acts
The
Schedule makes various changes to French-language terminology in a number of
statutes. Notably, references to “père” and “mère” are replaced with “parent”.
Bill 245 2021
Act to amend and repeal various statutes, to revoke various regulations and to
enact the Ontario Land Tribunal Act, 2021
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Barristers
Act
Schedule 2
Children’s
Law Reform Act
Schedule 3
Courts
of Justice Act
Schedule 4
Crown
Administration of Estates Act
Schedule 5
Expropriations
Act
Schedule 6
Ontario
Land Tribunal Act, 2021
Schedule 7
Public
Accounting Act, 2004
Schedule 8
Substitute
Decisions Act, 1992
Schedule 9
Succession
Law Reform Act
Schedule 10
Amendments
Respecting Appeals to a Minister
Schedule 11
Parentage
Terminology in French Versions of Acts
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
This Act consists of this section, sections 2 and 3 and the Schedules to this
Act.
Commencement
(1) Subject to subsections (2) and (3), this Act comes into force on
the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by proclamation of the 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
The
short title of this Act is the Accelerating Access to
Justice Act, 2021 .
Schedule
Barristers Act
Section 1 of the Barristers Act is amended by
striking out “A person who is or has been Minister of Justice and Attorney
General of Canada or Solicitor General of Canada” at the beginning and
substituting “A person who is or has been Attorney General for Ontario or
Minister of Justice and Attorney General of Canada”.
Commencement
This
Schedule comes into force on the day the Accelerating
Access to Justice Act, 2021 receives Royal Assent.
Schedule
Children’s Law Reform Act
(1) Subsection 51 (1.1) of the Children’s Law
Reform Act is amended by striking out “or, if no amount is prescribed,
$10,000” at the end.
(2) Subsection
51 (2) of the Act is repealed and the following substituted:
Included
amounts
(2) Subsection
(1) includes money payable on an intestacy or under a judgment or order of a
court.
Commencement
This
Schedule comes into force on the day the Accelerating
Access to Justice Act, 2021 receives Royal Assent.
Schedule
Courts of Justice Act
Section 1 of the Courts of Justice Act is amended
by adding the following subsection:
Interpretation,
judge not to include associate judge
(1.1) A
reference made to a judge under this Act does not include a reference to an
associate judge.
(1) Clause 19 (1) (
c) of the Act is amended by striking out “a
master or case management master” and substituting “a master, case management
master or associate judge”.
(2) Clause
19 (1) (
c) of the Act, as amended by subsection (1), is amended by striking out
“a master, case management master or associate judge” and substituting “an
associate judge”.
Section 42 of the Act is amended by adding the following subsections:
Information
to be maintained in confidence
(11) Any
records or other information collected, prepared, maintained or used by the
Attorney General in relation to the appointment or consideration of an
individual as a provincial judge, including any such records or other
information provided to the Attorney General by the Judicial Appointments
Advisory Committee, shall be maintained in confidence and shall not be
disclosed except as authorized by the Attorney General.
Prevails
over FIPPA
(12) Subsection
(11) prevails over the Freedom of Information and
Protection of Privacy Act .
Section 43 of the Act is repealed and the following substituted:
Judicial
Appointments Advisory Committee
(1) The
Comité consultatif sur les nominations à la magistrature in French is
continued.
Composition
(2) The
Committee is composed of,
(
a) two
provincial judges, appointed by the Chief Justice of the Ontario Court of
Justice;
(
b) three
lawyers appointed by the Attorney General, one appointed from a list of three
names submitted by the Law Society of Ontario, one appointed from a list of
three names submitted by the Ontario Bar Association and one appointed from a
list of three names submitted by the Federation of Ontario Law Associations;
(
c) seven
persons who are neither judges nor lawyers, appointed by the Attorney General;
and
(
d) a
member of the Judicial Council, appointed by it.
Criteria
(3) In
the appointment of members under clauses (2) (
b) and (c), the importance of
reflecting, in the composition of the Committee as a whole, Ontario’s
linguistic duality and the diversity of its population and ensuring overall
gender balance shall be recognized.
Term
of office
(4) The
members hold office for three-year terms and may be reappointed.
Chair
(5) The
Attorney General shall designate one of the members to chair the Committee for
a term of up to three years.
Term
of office
(6) The
same person may serve as chair for two or more terms.
Meetings
(7) The
Committee may hold its meetings and conduct interviews in person or through
electronic means, including telephone conferencing and video conferencing.
Annual
report
(8) The
Committee shall prepare an annual report, provide it to the Attorney General
and make it available to the public.
Same
(9) The
annual report must include,
(
a) statistics
about the sex, gender, gender identity, sexual orientation, race, ethnicity,
cultural identity, disability status and ability to speak French of candidates
who volunteer that information, including whether the candidates identify as
Indigenous or as a member of a Francophone community, at each stage of the
process, as specified by the Attorney General; and
(
b) such
other content as the Attorney General may require.
Tabling
of annual report
(10) The
Attorney General shall table the Committee’s annual report in the Assembly.
Personal
liability
(11) No
action or other proceeding for damages shall be instituted against any member
or former member of the Committee for any act done in good faith in the
execution or intended execution of any power or duty that he or she has or had
as a member of the Committee, or for any neglect or default in the exercise or
performance in good faith of such power or duty.
Crown
liability
(12) Subsection
(11) does not, by reason of subsection 8 (3) of the Crown
Liability and Proceedings Act, 2019 , relieve the Crown of liability in
respect of a tort committed by a person mentioned in subsection (11) to which
it would otherwise be subject.
Transition
(13) Despite
subsection (2), the appointment of every person who was a member of the
Judicial Appointments Advisory Committee on the day before the day
section 4 of
Schedule 3 to the Accelerating Access to Justice Act, 2021
came into force is continued.
Judicial
Appointments Advisory Committee
Functions
43.1
(1) The
functions of the Judicial Appointments Advisory Committee are to,
(
a) recommend
candidates to the Attorney General for the appointment of provincial judges;
and
(
b) provide
advice to the Attorney General respecting the process for appointing provincial
judges in accordance with this Act.
Manner
of operating
(2) The
Committee shall perform its functions in the following manner:
1. When
a judicial vacancy occurs and the Attorney General asks the Committee to make a
recommendation, it shall, subject to paragraph 2, advertise the vacancy and
solicit applications.
2. If
the Committee provided a recommendation for a judicial vacancy for the same
court location that matches the requirements of the current judicial vacancy
within 12 months before the day the Attorney General asked for a recommendation
for the current judicial vacancy, it shall not advertise the current judicial
vacancy and shall, subject to subsection (9), instead provide to the Attorney
General a ranked list of at least six candidates whom it recommends, with brief
supporting reasons, consisting of,
i. all
of the candidates for the previous judicial vacancy who were recommended by the
Committee for that vacancy, who confirm their interest in being considered for
the current judicial vacancy and who continue to meet the Committee’s criteria
for recommendation, and
ii. if
subparagraph i results in a list of fewer than six candidates, enough
additional candidates to prepare a list of at least six candidates from among
the candidates for the previous judicial vacancy who were not recommended for
that vacancy but who meet the Committee’s criteria for recommendation and who
confirm their interest in being considered for the current judicial vacancy.
3. If
the Committee advertises a judicial vacancy, it shall review and evaluate all
applications received in response to the advertisement.
4. It
may interview any of the candidates in conducting its review and evaluation.
5. It
shall conduct the advertising, review and evaluation process in accordance with
the criteria it establishes, which must, at minimum, provide for an assessment
that,
i. assesses
the candidates’ professional excellence, community awareness and personal
characteristics, and
ii. recognizes
the desirability of reflecting the diversity of Ontario society in judicial
appointments.
6. It
shall make the criteria it established under paragraph 5 available to the
public.
7. Subject
to subsection (9), for every judicial vacancy advertised by the Committee, it
shall provide the Attorney General a ranked list of at
least six candidates whom it recommends, with brief supporting reasons.
Qualifications
(3) The
Committee shall not consider an application by a candidate,
(
a) who
does not meet the qualifications set out in subsection 42 (2); or
(
b) who
is or was a member of the Committee within the previous three years.
Information
to be provided to Attorney General on request
(4) The
Committee shall provide the Attorney General with any information about the
application, review and evaluation process that the Attorney General requests,
other than,
(
a) the
names or identifying information of candidates who were not recommended for a
judicial vacancy;
(
b) the
names or identifying information of candidates who are being assessed for a
judicial vacancy that has been advertised but for which the Committee has not
yet made a recommendation; and
(
c) information
collected or prepared by the Committee through a discreet inquiry.
Same
(5) The
Committee shall provide any information requested by the Attorney General under
subsection (4) within 30 days of the request unless otherwise directed by the
Attorney General.
Meaning
of discreet inquiry
(6) For
the purposes of clause (4) (c), a discreet inquiry is a confidential inquiry
conducted by the Committee into the views or opinions of individuals with
knowledge of a candidate’s suitability for appointment.
Recommendation
of criteria
(7) The
Attorney General may recommend criteria to be included in the criteria the
Committee establishes under paragraph 5 of subsection (2), and the Committee
shall consider whether to include those criteria in the criteria it has
established.
Rejection
of ranked list
(8) The
Attorney General may reject a ranked list of recommended candidates provided
under paragraph 2 or 7 of subsection (2), or under this subsection, and require
the Committee to produce a new ranked list of at least six candidates whom the
Committee recommends from among the remaining candidates for the judicial
vacancy, with brief supporting reasons.
Insufficient
recommendable candidates
(9) If
there are not enough candidates for the Committee to recommend at least six
candidates who meet the Committee’s criteria for recommendation in a ranked
list described in paragraph 2 or 7 of subsection (2) or in subsection (8), the
Committee shall,
(
a) if
there is at least one candidate who meets the criteria for recommendation,
(
i) include
in the ranked list as many candidates as possible who meet the Committee’s
criteria for recommendation, and
(ii) provide
the Attorney General with an explanation as to why six candidates have not been
recommended; or
(
b) if
no candidates meet the criteria for recommendation, begin a new process to
advertise the judicial vacancy and solicit applications in accordance with
paragraphs 3 to 7 of subsection (2).
Recommendation
by Attorney General
(10) The
Attorney General shall only recommend a candidate who is in a ranked list
provided under paragraph 2 or 7 of subsection (2) or under subsection (8) to
the Lieutenant Governor in Council for appointment to fill a judicial vacancy.
Transition
(11) Despite
this section, subsections 43 (8) to (12) of this Act, as they read immediately
before the day
section 4 of
Schedule 3 to the Accelerating
Access to Justice Act, 2021 came into force, continue to apply to any
judicial vacancy that was advertised by the Committee before that day.
Clause 53 (1) (
b) of the Act is amended by striking out “case management
masters” and substituting “associate judges”.
6 Clause 66 (2) (
h) of the Act is amended by
striking out “case management masters, including the conferral on case
management masters” and substituting “associate judges, including the conferral
on associate judges”.
7 Subsection 75 (2) of the Act is amended by
striking out “case management masters” at the end and substituting “associate
judges”.
Subsection 76 (2) of the Act is amended by striking out “case management
master” and substituting “associate judge”.
Paragraph 3 of
section 82 of the Act is repealed and the following substituted:
3. Associate
judges.
Section 86 of the Act is amended by adding the following subsection:
Associate
judge
(3) Every
associate judge of the Court of Ontario may be addressed as “Your Honour” or
Honneur” or “(M. ou M me ) le/la Juge associé(e) (nom du juge
associé)” in French.
(1) Subsection 86.1 (1) of the
Act is amended by striking out “case management masters” and substituting
“associate judges”.
(2) Subsection
86.1 (2) of the Act is amended by striking out “a case management master” and
substituting “an associate judge”.
(3) Subsection
86.1 (3) of the Act, as re-enacted by subsection 6 (1) of
Schedule 5 to the Smarter and Stronger Justice Act, 2020 , is amended by
striking out “case management master” and substituting “associate judge”.
(4) Subsection
86.1 (4) of the Act, as re-enacted by subsection 6 (1) of
Schedule 5 to the Smarter and Stronger Justice Act, 2020 , is amended by,
(
a) striking
out “a case management master” and substituting “an associate judge”; and
(
b) striking
out “the case management master” and substituting “the associate judge”.
(5) Subsection
86.1 (5.2) of the Act is amended by,
(
a) striking
out “a case management master” and substituting “an associate judge”; and
(
b) striking
out “the case management master” at the end and substituting “the associate
judge” .
(6) Subsection
86.1 (5.3) of the Act is amended by striking out “case management
master” and substituting “associate judge”.
(7) Subsection
86.1 (5.4) of the Act, as
re-enacted by subsection 6 (3) of
Schedule 5 to the Smarter
and Stronger Justice Act, 2020 , is amended by striking out “a case management master”
and substituting “an associate judge”.
(8) Subsection
86.1 (6) of the Act, as re-enacted by subsection 6 (4) of
Schedule 5 to the Smarter and Stronger Justice Act, 2020 , is amended by
striking out “A case management master” at the beginning and substituting “An
associate judge”.
(9) Subsection
86.1 (7) of the Act is amended by striking out “case management masters” in the
portion before paragraph 1 and substituting “associate judges”.
(10) Subsection
86.1 (9) of the Act is amended by striking out “case management masters” at the
end and substituting “associate judges”.
(1) Subsection 86.2 (1) of the
Act is amended by striking out “a case management master” and substituting “an
associate judge”.
(2) Subsection
86.2 (3) of the Act is amended by striking out “case management master” and
substituting “associate judge”.
(3) Subsection
86.2 (5) of the Act is amended by striking out “a case management master” and
substituting “an associate judge”.
(4) Subsection
86.2 (6) of the Act is amended by striking out “case management master” and
substituting “associate judge”.
(5) Subsection
86.2 (8) of the Act is amended by striking out “case management master’s” in
the portion before clause (
a) and substituting “associate judge’s”.
(6) Clauses
86.2 (8) (
a) to (
c) of the Act are amended by striking out “case management
master” wherever it appears and substituting in each case “associate judge”.
(7) Clause
86.2 (8) (
d) of the Act is repealed and the following substituted:
(
d) order
that the associate judge take specified measures, such as receiving education
or treatment, as a condition of continuing to sit as an associate judge;
(8) Clauses
86.2 (8) (
e) to (
g) of the Act are amended by striking out “case management
master” wherever it appears and substituting in each case “associate judge”.
(9) Subsections
86.2 (9.1), (9.2), (10), (11), (12), (12.1), (12.2), (12.3), (12.5), (14),
(18) and (19) of the Act are amended by striking out “case management master”
wherever it appears and substituting in each case “associate judge”.
Subsection 95 (2) of the Act is amended by striking out “subsection 126 (5)
(language of proceedings)” and substituting “paragraph 2 of subsection 126 (1)
(documents that may be written in French)”.
Section 112 of the Act is repealed and the following substituted:
Report
of Children’s Lawyer
Investigation
(1) In a
proceeding under the Divorce Act (Canada) or the Children’s Law Reform Act in which a question concerning
decision-making responsibility, parenting time or contact with respect to a
child is before the court, the Children’s Lawyer may,
(
a) cause
an investigation to be made on all matters concerning decision-making
responsibility, parenting time or contact with respect to the child;
(
b) cause
an investigation to be made on matters specified by the court related to
decision-making responsibility, parenting time or contact with respect to the
child; or
(
c) meet
with the child to determine the child’s views and preferences with respect to
matters that may include decision-making responsibility, parenting time or
contact.
Report
(2) The
Children’s Lawyer may report and make recommendations to the court on the
results of an investigation or meeting conducted under subsection (1).
Authority
to act
(3) The
Children’s Lawyer may act under subsection (1) or (2) on his or her own
initiative, at the request of a court or at the request of any person.
Affidavit
(4) The
person who prepares a report under subsection (2) shall execute an affidavit
verifying the facts in the report that are within the person’s knowledge and
setting out the source of the person’s information and belief respecting facts
that are not within their knowledge.
Service
(5) The
person who prepares a report under subsection (2) shall serve the affidavit, along
with a copy of the report attached as an exhibit, on the parties and file the
affidavit and report with the court.
Evidence
(6) The
filed affidavit and report shall form part of the evidence at the hearing of
the proceeding.
Attendance
on report
(7) Where
a party to the proceeding disputes the facts set out in the report, the
Children’s Lawyer shall if directed by the court, and may when not so directed,
attend the hearing on behalf of the child and cause the person who conducted
the investigation or meeting under subsection (1) to attend as a witness.
Subsection 123 (1.1) of the Act is amended by striking out “ case management
masters” at the end and substituting “associate judges”.
Section 126 of the Act is repealed and the following substituted:
Use
of French
Documents
that may be written in French
(1) The
following documents may be written in French:
1. Pleadings
or other documents filed by a party.
2. A
process issued in or giving rise to the proceeding.
Translation
of documents
(2) On
of a document described in paragraph 1 or 2 of subsection (1) that is written
in the other language.
Interpretation
(3) If
a party acting in person makes submissions in French or a witness gives oral
evidence in French, the court shall provide
interpretation of the submissions
bilingual proceeding to which paragraph 3 of subsection (4) applies.
Bilingual
proceedings
(4) A
party to a proceeding who speaks French has the right to require that it be
conducted as a bilingual proceeding, and the following rules apply if the party
does so:
1. The
hearings that the party specifies shall be presided over by a judge or officer
2. If
a hearing that the party has specified is held before a judge and jury in an
area described in subsection (5), the jury shall consist of persons who speak
3. If
a hearing that the party has specified is held without a jury, or with a jury
in an area described in subsection (5), evidence given and submissions made in
in which they are given.
4. Any
other part of the hearing may be conducted in French if, in the opinion of the
presiding judge or officer, it can be so conducted.
5. Oral
received, recorded and transcribed in the language in which it is given.
6. On
but not both, the court shall provide
interpretation of anything given orally
in the other language at hearings referred to in paragraph 3 and at
examinations out of court.
7. The
provide a translation into the other language on the request of a party.
Bilingual
juries
(5) The
areas referred to in paragraphs 2 and 3 of subsection (4) are the following:
1. Counties:
i. Essex.
ii. Middlesex.
iii. Prescott
and Russell.
iv. Renfrew.
v. Simcoe.
vi. Stormont,
Dundas and Glengarry.
2. Territorial
districts:
i. Algoma.
ii. Cochrane.
iii. Kenora.
iv. Nipissing.
v. Sudbury.
vi. Thunder
Bay.
vii. Timiskaming.
3. The
area of the County of Welland as it existed on December 31, 1969.
4. The
Municipality of Chatham Kent.
5. The
City of Hamilton.
6. The
City of Ottawa.
7. The
Regional Municipality of Peel.
8. The
City of Greater Sudbury.
9. The
City of Toronto.
10. Such
other areas as are prescribed.
Prosecutions
(6) If
a prosecution under the Provincial Offences Act is
to be conducted as a bilingual proceeding by a prosecutor referred to in
paragraph 1 or 2 of the definition of “prosecutor” in subsection 1 (1) of that
Act or an agent acting on behalf of that person, the prosecutor assigned to the
Appeals
(7) When
an appeal is taken in a proceeding that is being conducted as a bilingual
proceeding, a party who speaks French has the right to require that the appeal
subsection (4) applies to the appeal, with necessary modifications.
Parties
who are not natural persons
(8) A
corporation, partnership or sole proprietorship may exercise the rights
conferred by this
section in the same way as a natural person, unless the court
orders otherwise.
Regulations
(9) The
Lieutenant Governor in Council may make regulations,
(
a) prescribing
procedures for the purpose of this section;
(
b) prescribing
areas for the purpose of paragraph 10 of subsection (5).
Transition
(10) This
section, as it read immediately before
section 17 of
Schedule 3 to the Accelerating Access to Justice Act, 2021 came into force,
continues to apply to proceedings commenced before the day that
section came
into force.
Absconding
Debtors Act
Subsection 12 (1) of the Absconding Debtors Act is
amended by striking out “case management master” and substituting “associate
judge”.
Administration
of Justice Act
The Administration of Justice Act is amended by
striking out “case management master” wherever it appears and substituting in
each case “associate judge”.
Assignments
and Preferences Act
Subsection 37 (1) of the Assignments and Preferences Act
is amended by striking out “a case management master” and substituting “an
associate judge”.
Construction
Act
(1) Section 52 of the Construction Act is
amended by striking out “case management master” and substituting “associate
judge”.
(2) Section
58 of the Act is amended by striking out “A case management master” or “a case
management master” wherever they appear and substituting in each case “An associate
judge” or “an associate judge” as the case may be.
Evidence
Act
Subsection 36 (1) of the Evidence Act is amended by
striking out “case
management masters” and substituting “associate judges”.
Freedom
of Information and Protection of Privacy Act
Subsection 65 (5.1) of the Freedom of Information and
Protection of Privacy Act is amended by striking out “a case management
master” in the portion before paragraph 1 and substituting “an associate
judge”.
Human
Rights Code
(1) Clause 24 (1) (
f) of the Human Rights Code
is amended by striking out “a case management master” at the beginning and
substituting “an associate judge”.
(2) Clause
24 (1) (
g) of the Act is amended by striking out “a case management master
expires on the case management master” and substituting “an associate judge
expires on the associate judge”.
(3) Subsection
24 (4) of the Act is amended by striking out “case management master” and
substituting “associate judge”.
Law
Society Act
Clause 31 (1) (
a) of the Law Society Act is amended
by striking out “case management master” and substituting “associate judge”.
Marriage
Act
Paragraph 2 of subsection 24 (1) of the Marriage Act
is amended by striking out “A case management master” at the beginning and
substituting “An associate judge”.
Protecting a
Sustainable Public Sector for Future Generations Act, 2019
Section 7 of the Protecting a Sustainable Public Sector
for Future Generations Act, 2019 is amended by striking out “case
management masters” at the end and substituting “associate judges”.
Public
Service of Ontario Act, 2006
(1) Subsection 2 (3) of the Public Service of
Ontario Act, 2006 is amended by striking out “judges and officers of the
Assembly” and substituting “judges, justices of the peace, case management
masters, deputy judges, the Small Claims Court Administrative Judge and
officers of the Assembly”.
(2) Subsection
2 (3) of the Act, as amended by subsection (1), is amended by striking out
“case management masters” and substituting “associate judges”.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Accelerating Access to Justice Act, 2021 receives
Royal Assent.
(2) Sections
1, 2 and 5 to 26 and subsection 27 (2) come into force on a day to be named by
proclamation of the Lieutenant Governor.
Schedule
crown Administration of Estates Act
(1) Section 2.1 of the Crown Administration of
Estates Act is amended by adding the following subsection:
Municipal
police, mandatory disclosure
(5.1) Every
municipal police force shall disclose to the Public Guardian and Trustee
information requested under subsection (1).
(2) Subsection
2.1 (5.1) of the Act, as enacted by subsection (1), is amended by striking out
“municipal police force” and substituting “municipal police service”.
(3) Subsection
2.1 (6) of the Act is repealed and the following substituted:
Others,
optional disclosure
(6) A
person who is not required under this
section to disclose to the Public
Guardian and Trustee information requested under subsection (1) may disclose
the information to the Public Guardian and Trustee.
Section 2.2 of the Act is repealed and the following substituted:
Conflict
2.2
(1) Section
2.1 applies despite anything in the Freedom of Information
and Protection of Privacy Act , the Municipal
Freedom of Information and Protection of Privacy Act or any other Act or
regulation.
Same
(2) Subsection
39 (2) of the Freedom of Information and Protection of
Privacy Act and subsection 29 (2) of the Municipal
Freedom of Information and Protection of Privacy Act do not apply when
information is collected under
section 2.1.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Accelerating Access to Justice Act, 2021 receives
Royal Assent.
(2) Subsection
1 (2) comes into force on the later of the day
section 1 of
Schedule 1 to the Comprehensive Ontario Police Services Act, 2019 comes
into force and the day the Accelerating Access to Justice
Act, 2021 receives Royal Assent.
Schedule
Expropriations Act
Subsection 6 (2) of the Expropriations Act is
amended by striking out “Any owner” at the beginning and substituting “Subject
section 8.1, any owner”.
The Act is amended by adding the following section:
Alternative
process re proposed expropriations
8.1
(1) The
Lieutenant Governor in Council may make regulations,
(
a) establishing
and governing a process for owners to provide comments
respecting a proposed expropriation to the approving authority, and for the
approving authority to consider those comments and make a determination
respecting the proposed expropriation ; and
(
b) providing
that the process applies with respect to any or all expropriations to which
this Act applies.
hearing under s. 7
(2) If
a regulation made under this
section applies to a proposed expropriation,
subsections 6 (2) to (5),
section 7 and subsections 8 (1) and (2) do not apply
to the proposed expropriation.
Regulations
(3) A
regulation made under subsection (1) may,
(
a) establish
requirements that apply to a determination of an approving authority respecting
a proposed expropriation, including requiring that,
(
i) the
approving authority give reasons for a determination,
(ii) the
reasons be served, and governing the service, and
(iii) a
determination be made, or reasons served, within a specified time;
(
b) specify
a date for the purposes of clause 10 (2) (a.1);
(
c) provide
for any transitional matters that the Lieutenant Governor in Council considers
necessary or advisable in relation to the application of a regulation made
under subsection (1);
(
d) provide
for any matter which, in the opinion of the Lieutenant Governor in Council, is
necessary or advisable for the purposes of this section.
Subsection 10 (2) of the Act is amended by adding the following clause:
(a.1) if
a process prescribed by a regulation made under
section 8.1 applied to the
expropriation, as of the date specified by the regulation for the purposes of
this clause;
(1) Subsection 33 (1) of the Act is amended by striking out “at the
rate of 6 per cent a year” and substituting “at the prescribed annual rate”.
(2) Subsection
33 (2) of the Act is amended by striking out “less than 6 per cent a year” and
substituting “less than the rate prescribed for the purposes of subsection
(1)”.
(3) Subsection
33 (4) of the Act is amended by striking out “a rate exceeding 6 per cent a
year but not exceeding 12 per cent a year” at the end and substituting “a rate
that exceeds the rate prescribed for the purposes of subsection (1) but not the
rate prescribed for the purposes of this subsection”.
Clause 44 (
a) of the Act is repealed and the following substituted:
(
a) prescribing
rates of interest for the purposes of sections 20 and 33, or methods for
determining them;
Building
Transit Faster Act, 2020
Subsection 44 (1) of the Building Transit Faster Act, 2020
is amended by striking out “section 7 and subsections 8 (1) and (2)” in the
portion before clause (
a) and substituting “section 7, subsections 8 (1) and
(2) and
section 8.1”.
Public
Transportation and Highway Improvement Act
Subsection 11.1 (1) of the Public Transportation and
Highway Improvement Act is amended by striking out “section 7 and
subsections 8 (1) and (2)” and substituting “section 7, subsections 8 (1) and
(2) and
section 8.1”.
Transit-Oriented
Communities Act, 2020
Subsection 3 (1) of the Transit-Oriented Communities Act,
2020 is amended by striking out “section 7 and subsections 8 (1) and
(2)” in the portion before clause (
a) and substituting “section 7, subsections
8 (1) and (2) and
section 8.1”.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Schedule 6
ONTARIO LAND TRIBUNAL ACT, 2021
CONTENTS
PART I
INTERPRETATION
Definitions
PART II
CONSOLIDATED LAND TRIBUNAL
Composition
Ontario
Land Tribunal
Composition
Term
of office
Quorum
Employees
Transition,
Tribunal membership
Jurisdiction and Powers
Exclusive
jurisdiction
Orders
Power
to order entry, inspections
Fees
PART III
PROCEEDINGS
General Practices and Procedures
Practices
and procedures
Rules
Manner
of conduct
Case
management conferences
Alternative
dispute resolution
Limit
on non-party participation
Witnesses
and evidence
Dismissal
without a hearing
Costs
Consolidated Hearings
Consolidation
of hearings
Review and Appeal
Decisions
final
Review
Appeal
PART IV
GENERAL
Protection
from personal liability
Non-compellability
Use
of meeting facility
Crown
bound
Regulations
PART V
REPEALS, REVOCATIONS AND OTHER AMENDMENTS
Aggregate
Resources Act
Assessment
Act
Building
Transit Faster Act, 2020
Capital
Investment Plan Act, 1993
City
of Greater Sudbury Act, 1999
City
of Hamilton Act, 1999
City
of Ottawa Act, 1999
City
of Toronto Act, 2006
Clean
Water Act, 2006
Conservation
Authorities Act
Consolidated
Hearings Act
Development
Charges Act, 1997
Drainage
Act
Education
Act
Environmental
Assessment Act
Environmental
Protection Act
Environmental
Review Tribunal Act, 2000
Evidence
Act
Expropriations
Act
Funeral,
Burial and Cremation Services Act, 2002
Great
Lakes Protection Act, 2015
Greenbelt
Act, 2005
Health
Protection and Promotion Act
Housing
Development Act
Housing
Services Act, 2011
Lake
Simcoe Protection Act, 2008
Law
Society Act
Legislation
Act, 2006
Legislative
Assembly Act
Local
Planning Appeal Tribunal Act, 2017
Long-Term
Care Homes Act, 2007
Metrolinx
Act, 2006
Mining
Act
Ministry
of Natural Resources Act
Municipal
Act, 2001
Municipal
Affairs Act
Municipal
Arbitrations Act
Municipal
Corporations Quieting Orders Act
Municipal
Elections Act, 1996
Municipal
Water and Sewage Transfer Act, 1997
Nutrient
Management Act, 2002
Oak
Ridges Moraine Conservation Act, 2001
Oil,
Gas and Salt Resources Act
Ontario
Energy Board Act, 1998
Ontario
Heritage Act
Ontario
Northland Transportation Commission Act
Ontario
Planning and Development Act, 1994
Ontario
Water Resources Act
Pesticides
Act
Places
to Grow Act, 2005
Planning
Act
Protect,
Support and Recover from COVID-19 Act (Budget Measures), 2020
Public
Service Works on Highways Act
Public
Transportation and Highway Improvement Act
Public
Utilities Act
Registry
Act
Resource
Recovery and Circular Economy Act, 2016
Retail
Business Holidays Act
Safe
Drinking Water Act, 2002
Shortline
Railways Act, 1995
SkyDome
Act (Bus Parking), 2002
Statutory
Powers Procedure Act
St.
Lawrence Parks Commission Act
Toronto
District Heating Corporation Act, 1998
Town
of Haldimand Act, 1999
Town
of Moosonee Act, 2000
Town
of Norfolk Act, 1999
Toxics
Reduction Act, 2009
Trustee
Act
Waste
Diversion Transition Act, 2016
PART VI
COMMENCEMENT AND
SHORT TITLE
Commencement
Short
title
Part I
Interpretation
Definitions
1 In this Act,
“Minister”
means the Attorney General or such other member of the Executive Council to
whom the administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)
“predecessor
adjudicative tribunal” means the board of negotiation, the Conservation Review
Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal or
the Mining and Lands Tribunal, as the case may be, before their amalgamation
under
section 2; (“tribunal décisionnel prédécesseur”)
“regulations”
means the regulations made under this Act; (“règlements”)
“rules”
means the rules made by the Tribunal under
section 13; (“règles”)
“transition
date” means the day on which
section 2 comes into force; (“date de transition”)
“Tribunal”
means the Ontario Land Tribunal established under
section 2. (“Tribunal”)
Part II
Consolidated Land Tribunal
Composition
Ontario
Land Tribunal
2 The board of negotiation continued under the Expropriations Act , the Conservation Review Board, the Environmental
Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands
and Tribunal ontarien de l’aménagement du territoire in French.
Composition
(1) The Tribunal shall be composed of the
members appointed by the Lieutenant Governor in Council.
Chair,
vice-chair
(2) The
Lieutenant Governor in Council shall designate a chair and one or more
vice-chairs from among the members of the Tribunal.
Alternate
chair
(3) The
Lieutenant Governor in Council shall designate a vice-chair of the Tribunal to
be the alternate chair.
Same
(4) If
the chair is unable to act, the alternate chair shall perform the duties of the
chair and has all the powers of the chair for the purpose.
Duties
of chair
(5) The
chair shall have general supervision and direction over the conduct of the
affairs of the Tribunal, and shall,
(
a) arrange
the sittings of the Tribunal; and
(
b) assign
members of the Tribunal to preside over proceedings as necessary, ensuring
that, if more than two members are assigned to a given proceeding, only an
uneven number of members is assigned.
Term
of office
(1) The appointment of a member of the Tribunal
shall be for a fixed term specified by the Lieutenant Governor in Council.
Expiry
of term
(2) If
the term of office of a member of the Tribunal who has participated in a
proceeding expires before the disposition of the proceeding, the term is deemed
to continue for the purpose of disposing of the proceeding, but for no other
purpose.
Same
(3) If
the term of office of a member of the Tribunal expires in circumstances
prescribed by the regulations, other than those to which subsection (2) applies,
the term is deemed to continue for the period and purposes specified by the
regulations.
Quorum
5 One member of the Tribunal constitutes a quorum and is
sufficient for the exercise of all of the jurisdiction and powers of the
Tribunal.
Employees
6 Such employees as are necessary for the proper conduct of
the affairs of the Tribunal may be appointed under
Part III of the Public Service of Ontario Act, 2006 .
Transition,
Tribunal membership
Existing
members continue
(1) A person who was a member of a predecessor adjudicative tribunal immediately before
the transition date continues as a member of the Tribunal until the day the
person’s term of office as a member of the predecessor adjudicative tribunal
would have expired, subject to the person’s earlier death, resignation or
removal.
Persons
appointed under the Adjudicative Tribunals Accountability,
Governance and Appointments Act, 2009
(2) A
person who, under the Adjudicative Tribunals Accountability,
Governance and Appointments Act, 2009 , held the office listed in Column
1 of the Table to this
section immediately before the transition date,
continues in the office in the Tribunal listed in the corresponding row of
Column 2 of the Table until the day the person’s term of office under the Adjudicative Tribunals Accountability, Governance and
Appointments Act, 2009 would have expired, subject to the person’s
earlier death, resignation or removal.
Table
Item
Column
Office held under the Adjudicative Tribunals
Accountability, Governance and Appointments Act, 2009
Column
Office held in the Tribunal
Executive
chair responsible for the predecessor adjudicative tribunals
Chair
Associate
chair of a predecessor adjudicative tribunal, other than the associate chair
appointed as alternate executive chair
Vice-chair
Associate
chair appointed as alternate executive chair responsible for the predecessor
adjudicative tribunals if the executive chair responsible for the predecessor
adjudicative tribunals is unable to act or the position is vacant
Alternate
chair
Vice-chair
of a predecessor adjudicative tribunal
Vice-chair
Jurisdiction
and Powers
Exclusive
jurisdiction
(1) The Tribunal has exclusive jurisdiction in
respect of all matters in which jurisdiction is conferred on it by this or any
other Act.
Same
(2) The
Tribunal has authority to hear and determine all questions of law and fact with
respect to all matters within its jurisdiction, unless limited by this or any
other Act.
Orders
(1) The Tribunal has authority to make orders or
give directions as may be necessary or incidental to the exercise of the powers
conferred on the Tribunal under this or any other Act.
Conditions
(2) The
Tribunal may include in an order conditions that it considers fair in the
circumstances, including a condition that the order comes into force at a
future fixed time or on the performance of terms imposed by the Tribunal.
Interim
orders
(3) The
Tribunal may make an interim order without notice if it is of the opinion that
it is necessary to do so, but no such order shall be made for any longer time
than the Tribunal may consider necessary to enable the disposition of the
proceeding.
Relief
(4) Unless
another Act specifies otherwise, the Tribunal may, as it considers to be appropriate,
(
a) make
an order granting all or part of the relief applied for; or
(
b) make
an order granting relief that is additional to or different from the relief
applied for.
Extension
of time
(5) If
an order or decision of the Tribunal requires anything to be done within a
specified time, the Tribunal may extend the specified time,
(
a) on
notice and with a hearing; or
(
b) without
notice or a hearing, if the Tribunal is of the opinion that it is necessary to
do so.
Power
to order entry, inspections
(1) If the Tribunal considers it necessary, the
Tribunal may by order authorize a member or employee of the Tribunal to, at any
reasonable time, enter and inspect any land or premises, other than a dwelling,
for any purpose relevant to the subject matter of the proceeding, subject to
subsection (4).
Prior
notice required
(2) Before
making an order under subsection (1), the Tribunal shall give notice of its
intention to make the order to the owner or occupier of the land or premises,
in accordance with the rules.
Submissions
(3) An
owner or occupier who receives a notice under subsection (2) may make
submissions to the Tribunal with respect to the proposed order, in accordance
with the rules.
Order
(4) The
Tribunal shall not make an order under subsection (1) until it has given notice
under subsection (2) and considered any submissions made under subsection (3).
Exercise
of powers
(5) The
member or employee shall exercise their powers under an order made under
subsection (1) in accordance with the directions of the Tribunal in the order,
this
section and the rules.
Identification
(6) The
member or employee shall, on the request of an owner or occupier of the land or
premises, identify themself and explain the purpose of the entry and
inspection.
use of force
(7) The
member or employee shall not use force to enter and inspect land or premises
under the order.
entry without consent
(8) The
member or employee shall not, despite the order, enter or inspect land or
premises of an owner or occupier who is not a party to the proceeding without
the owner or occupier’s consent.
Fees
(1) The Tribunal may, subject to the approval of
the Minister, set and charge fees,
(
a) in
respect of proceedings;
(
b) for
providing copies of forms, notices or other documents; and
(
c) for
other services provided by the Tribunal.
Classes
(2) The
Tribunal may set and charge different fees for different classes of persons and
different types of proceedings.
Publicly
available
(3) The
Tribunal shall ensure that its fee structure is available to the public.
Fee
waiver
(4) The
Tribunal may waive all or any portion of its fees for individuals who are
determined, in accordance with the rules, to be low-income individuals.
Legislation
Act, 2006
(5) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to the fees.
Part III
Proceedings
General Practices and Procedures
Practices
and procedures
(1) The Tribunal shall dispose of proceedings in
accordance with any practices and procedures that are required under this or
any other Act, subject to subsection (3).
Fair,
just and expeditious resolution
(2) The
Tribunal shall, in respect of each proceeding, adopt any practices and
procedures provided for in the rules or that are otherwise available to the
Tribunal that, in its opinion, offer the best opportunity for a fair, just and
expeditious resolution of the merits of the proceedings.
Statutory
Powers Procedure Act
(3) Despite
section 32 of the Statutory Powers Procedure Act ,
this Act, the regulations and the rules prevail over any provisions of that Act
with which they conflict.
Rules
(1) The Tribunal may make rules governing its
practices and procedures, including rules that,
(
a) provide
for and require the use of hearings or of practices and procedures that are
alternatives to traditional adjudicative or adversarial procedures;
(
b) provide
for specified circumstances in which participation in mediation or other
dispute resolution processes by parties to a proceeding is mandatory;
(
c) provide
for and require notice to be provided in a particular manner;
(
d) authorize
the Tribunal to combine two or more proceedings or any part of them, or hear
two or more proceedings at the same time;
(
e) authorize
the Tribunal to appoint a person from among a class of parties to a proceeding
to represent the class where, in the opinion of the Tribunal, the parties have
a common interest; or
(
f) govern
the making of orders under
section 10 and the exercise of powers under the
orders.
General
or particular
(2) The
rules may be general or particular in their application.
Legislation
Act, 2006
(3) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to the rules.
Application
of rules
(4) Unless
the Tribunal’s failure to comply with the rules, or its exercise of discretion
under the rules in a particular manner, causes a substantial wrong that affects
the final disposition of a proceeding, neither the failure nor the exercise of
discretion is a ground for setting aside a decision of the Tribunal on an
application for judicial review or an appeal.
Manner
of conduct
14 The Tribunal may direct that a hearing or any other step in
a proceeding, including a case management conference, any other pre-hearing
conference or an alternative dispute resolution process, be conducted in
person, electronically, in writing or by a combination of any of them, as the
Tribunal considers appropriate.
Case
management conferences
15 The Tribunal may direct the parties to a proceeding to
participate in a case management conference prior to a hearing, for the
following purposes:
1. To
identify additional parties to the proceeding.
2. To
identify, define or narrow the issues raised in the proceeding.
3. To
identify facts or evidence that may be agreed on by the parties.
4. To
provide directions for disclosure of information.
5. To
discuss opportunities for resolving one or more issues in the proceeding,
including the possible use of mediation or other dispute resolution processes.
6. To
establish dates by which any steps in the proceeding are to be taken or begun.
7. To
determine the length and
schedule of a hearing, if any, and the manner of
conducting it.
8. To
determine the order of presentation of submissions.
9. To
deal with any other matter that may assist in the fair, just and expeditious
resolution of the issues.
Alternative
dispute resolution
16 The Tribunal may, at any time before a hearing is
completed, direct the parties to a proceeding to participate in mediation or
another dispute resolution process for the purpose of resolving one or more
issues in the proceeding.
Limit
on non-party participation
17 Except as may be provided for under this or any other Act, a
person who is not a party to a proceeding may make submissions to the Tribunal
with respect to the proceeding in writing only.
Witnesses
and evidence
(1) At any stage of a proceeding, the Tribunal
may,
(
a) examine
any of the following persons:
(
i) a
party to the proceeding,
(ii) a
witness in the proceeding, or
(iii) a
person who has made a submission to the Tribunal with respect to the
proceeding, other than a party;
(
b) require
a party to the proceeding to produce evidence or a witness for examination by
the Tribunal; or
(
c) require
a person referred to in subclause (a) (iii) to produce evidence for examination
by the Tribunal.
Disclosure
to parties
(2) The
Tribunal shall disclose any evidence it receives in a proceeding to the
parties.
Limits
on examination
(3) The
Tribunal may limit any examination or cross-examination of a witness,
(
a) if
the Tribunal is satisfied that all matters relevant to the issues in the
proceeding have been fully or fairly disclosed; or
(
b) in
any other circumstances the Tribunal considers fair and appropriate.
Dismissal
without a hearing
(1) Subject to subsection (4), the Tribunal may,
on the motion of any party or on its own initiative, dismiss a proceeding
without a hearing,
(
a) if
the party who brought the proceeding has not paid any fee required to be paid
under this Act;
(
b) if
the party who brought the proceeding has not responded to a request by the
Tribunal for further information within the time specified by the Tribunal;
(
c) if
the Tribunal is of the opinion that the proceeding has no reasonable prospect
of success;
(
d) in
any circumstance listed in subsection 4.6 (1) of the Statutory
Powers Procedure Act ; or
(
e) in
any circumstance provided for under any other Act.
Notice
(2) The
Tribunal shall give the parties notice of its intention to dismiss the
proceeding, setting out the reasons for the dismissal and informing the parties
of their right to make written submissions to the Tribunal with respect to the
dismissal within the time specified in the notice.
Submissions
(3) A
party who receives a notice under subsection (2) may make written submissions
to the Tribunal with respect to the dismissal within the time specified in the
notice.
Dismissal
(4) The
Tribunal shall not dismiss a proceeding under subsection (1) until it has given
notice under subsection (2) and considered any submissions made under
subsection (3).
Application
(5) For
greater certainty, this
section applies instead of
section 4.6 of the Statutory Powers Procedure Act .
Costs
20 The Tribunal may, subject to any other Act, fix the costs
of and incidental to any proceeding, and order a party to the proceeding to pay
the costs, in accordance with the rules.
Consolidated Hearings
Consolidation
of hearings
(1) In this section,
“administrative
tribunal” means one or more persons, whether or not incorporated and however
described, on whom a power, right or duty to hold a hearing is conferred under
an Act; (“tribunal administratif”)
“consolidated
hearing” means a hearing held by the Tribunal under clause (4) (a); (“audience
commune”)
“municipality”
includes a board, commission or other local authority exercising any power in
respect of municipal affairs or purposes, including school purposes, in
unorganized territory; (“municipalité”)
“person”
includes a municipality, the Crown, a Crown agency within the meaning of the Crown Agency Act , a public body, a partnership, an
unincorporated joint venture and an unincorporated association; (“personne”)
“proponent”
means a person who carries out or proposes to carry out or is the owner or
person having charge, management or control of an undertaking; (“promoteur”)
“undertaking”
means an enterprise or activity, or a proposal, plan or program in respect of
an enterprise or activity. (“entreprise”)
Application
(2) Except
as otherwise provided by the regulations, this
section applies in respect of an
undertaking if one or more of the Acts prescribed by the regulations provides
that more than one hearing is or may be required to be held by more than one administrative
tribunal in relation to the undertaking.
Notice
(3) The
proponent of an undertaking to which this
section applies shall give notice of
the undertaking to the Tribunal in accordance with the regulations.
Effect
of notice
(4) Except
as otherwise provided by the regulations, if notice is given to the Tribunal in
respect of an undertaking,
(
a) all
matters related to the undertaking that could be considered at a hearing with
respect to which this
section applies shall be heard by the Tribunal; and
(
b) no
other person or body shall hold a hearing in respect of a matter referred to in
clause (a).
Decision
(5) The
Tribunal may make any decision on a matter in a consolidated hearing that may
be made by an administrative tribunal that has the power, right or duty to hold
a hearing on the matter, or that may be made by a person or body after the
holding of the hearing, including the granting of any authority or directing
the granting or issuing of a permit or licence and the imposition of terms and
conditions.
Effect
of decision
(6) The
Tribunal’s decision on a matter in a consolidated hearing stands for all
purposes in place of any decision, order or action that is required or may be
made or taken by an administrative tribunal that has a power, right or duty to
hold a hearing on the matter, or by any other person or body after the holding
of the hearing.
Review and Appeal
Decisions
final
22 Except as provided for in sections 23 and 24, orders and
decisions of the Tribunal are final and binding.
Review
23 Unless another Act specifies otherwise, the Tribunal may
review, rescind or vary any order or decision made by it in accordance with the
rules.
Appeal
(1) Unless another Act specifies otherwise, an
order or decision of the Tribunal may be appealed to the Divisional Court, with
leave of that court on motion in accordance with subsection (3), but only on a
question of law.
Exception,
consolidated hearings
(2) Despite
subsection (1) or any other Act, there is no appeal from a decision of the
Tribunal in a consolidated hearing under
section 21.
Notice
to Tribunal
(3) A
person appealing an order or decision of the Tribunal shall give notice of the
motion for leave to appeal to the Tribunal.
Tribunal
entitled to be heard
(4) The
Tribunal is entitled to be heard on the argument of the appeal, including on
the motion for leave to appeal.
liability for costs
(5) Neither
the Tribunal nor any member of the Tribunal is liable for any costs in
connection with an appeal under this section.
Part IV
General
Protection
from personal liability
(1) No action or other proceeding shall be
commenced against a current or former member of the Tribunal or employee in the
Tribunal for any act done in good faith in the exercise or performance, or
intended exercise or performance, of the person’s powers, functions or duties
under this Act or any other Act, or for any alleged neglect or default in the
exercise or performance in good faith of their powers, functions or duties
under this Act or any other Act.
Crown
liability
(2) Despite
subsection 8 (3) of the Crown Liability and Proceedings
Act, 2019 , subsection (1) does not relieve the Crown of liability in
respect of a tort committed by a person mentioned in subsection (1) to which
the Crown would otherwise be subject.
Non-compellability
26 No member of or employee in the Tribunal shall be required
to testify in any proceeding with regard to information obtained in the
discharge of their duties as a member or employee.
Use
of meeting facility
27 If the Tribunal directs that a hearing or any other step in
a proceeding be conducted in a municipality in which there is an appropriate
meeting facility belonging to the municipality, the municipality shall, on
request, allow the hearing or other step to be conducted in the facility and
shall make all necessary arrangements for the hearing or other step.
Crown
bound
28 This Act binds the Crown.
Regulations
Lieutenant
Governor in Council
(1) The Lieutenant Governor in Council may make
regulations,
(
a) governing
circumstances, periods and purposes for the purposes of subsection 4 (3);
(
b) for
the purposes of
section 21,
(
i) prescribing
Acts for the purposes of subsection 21 (2),
(ii) exempting
undertakings or hearings from the application of
section 21, and prescribing conditions
that apply to any such exemption,
(iii) governing
notice under subsection 21 (3), including prescribing the form and contents of
the notice,
(iv) providing
for and governing exemptions from subsection 21 (4),
(
v) specifying
the parties to a consolidated hearing,
(vi) governing
the practices and procedures of the Tribunal in a consolidated hearing.
Minister
(2) The
Minister may make regulations,
(
a) governing
the practices and procedures of the Tribunal, other than in relation to a
consolidated hearing under
section 21;
(
b) governing
any transitional matters that may arise from the enactment of this Act or the
repeal or amendment of any Act or revocation of any regulation by this Act with
respect to proceedings before the Tribunal, including in relation to,
(
i) proceedings
before a predecessor adjudicative tribunal that were commenced but not finally
disposed of before the transition date,
(ii) matters
referred for a hearing under
section 7 of the Expropriations
Act before the transition date, or
(iii) proceedings
commenced before the Tribunal on or after the transition date;
(
c) providing
for the continued application of any provision of
an Act that is repealed or
amended, or provision of a regulation that is revoked, by this Act as that provision
read immediately before the transition date, with such modifications as may be
specified by the regulations.
Conflict
(3) In
the event of a conflict between a regulation made under subclause (1) (b) (vi)
or clause (2) (
a) and the rules, the regulation prevails to the extent of the
conflict.
Same
(4) In
the event of a conflict between a regulation made under clause (2) (
b) or (
c) and this Act or the rules, the regulation prevails to the extent of the
conflict.
Transition,
consolidated hearings
(5) For
greater certainty, a regulation may be made under clause (2) (
b) respecting
transitional matters in relation to consolidated hearings.
Part V
Repeals, Revocations and Other Amendments
Aggregate
Resources Act
(1) The following provisions of the Aggregate Resources Act are amended by striking out
“Local Planning Appeal Tribunal” wherever it appears and substituting in each
case “Tribunal”:
1. Subsections
11 (5), (6), (7), (8), (9), (11), (12), (13), (14) and (15).
2. Subsections
12 (1), (1.1) and (2).
3. Subsections
13 (6), (7), (8), (9) and (10).
4. Subsection
13.1 (4).
5. Subsections
18 (5), (6), (7), (8) and (9).
6. Subsections
20 (4), (6), (7), (8) and (9).
(2) The
following provisions of the Act are amended by striking out “Section 35 of the Local Planning Appeal Tribunal Act, 2017 ” wherever it
appears and substituting in each case “Section 23 of the Ontario
Land Tribunal Act, 2021 ”:
1. Subsection
11 (15).
2. Subsection
13 (10).
3. Subsection
18 (9).
4. Subsection
20 (9).
(3) The
definition of “Tribunal” in subsection 1 (1) of the Act is repealed and the
following substituted:
“Tribunal”
means the Ontario Land Tribunal; (“Tribunal”)
(4) Subsection
12 (1.2) of the Act is amended by striking out “the day
section 2 of
Schedule
15 to the Better for People, Smarter for Business Act,
2019 comes into force” at the end and substituting “December 10, 2019”.
Assessment
Act
31 (1) Subsection 21 (3) of the Assessment Act is repealed and the following substituted:
Appeal
against by-law
(3) Any
person complaining that the by-law does not exempt or does not sufficiently
exempt the person or the person’s lands from taxation may, within 14 days after
the mailing of the notice, notify the clerk of the municipality and the Ontario
Land Tribunal of the person’s intention to appeal against the provisions of the
by-law, or any of them, to the Ontario Land Tribunal, which has power to alter
or vary any or all of the provisions of the by-law and to determine the matter
of complaint in accordance with the spirit and intent of this section.
(2) Subsection
21 (4) of the Act is amended by striking out “Ontario Municipal Board” wherever
it appears and substituting in each case “Ontario Land Tribunal”.
(3) Subsection
22 (3) of the Act is amended by striking out “Ontario Municipal Board” and
substituting “Ontario Land Tribunal”.
(4) Subsection
22 (4) of the Act is amended by striking out “Ontario Municipal Board” and
substituting “Ontario Land Tribunal”.
(5) Subsection
23 (8) of the Act is amended,
(
a) by
striking out “Ontario Municipal Board” and substituting “Ontario Land
Tribunal”; and
(
b) by
striking out “Board” and substituting “Tribunal”.
Building
Transit Faster Act, 2020
(1) The following provisions of the Building Transit Faster Act, 2020 are amended by striking
out “Local Planning Appeal Tribunal” wherever it appears and substituting in
each case “Ontario Land Tribunal”:
1. Subsection
42 (3).
2. Subsection
69 (3).
(2) The
definition of “proponent” in
section 2 of the Act is repealed and the following
substituted:
“proponent”
has the same meaning as in
section 21 of the Ontario Land
Tribunal Act, 2021 ; (“promoteur”)
Capital
Investment Plan Act, 1993
Section 32 of the Capital
Investment Plan Act, 1993 is amended by striking out “Ontario Municipal
Board” and substituting “Ontario Land Tribunal”.
City
of Greater Sudbury Act, 1999
34 Subsections 11.6 (4), (5) and (6) of the City of Greater Sudbury Act, 1999 are amended by striking
out “Ontario Municipal Board” wherever it appears and substituting in each case
“Ontario Land Tribunal”.
City
of Hamilton Act, 1999
35 Subsections 11.7 (4), (5) and (6) of the City of Hamilton Act, 1999 are amended by striking out
“Ontario Municipal Board” wherever it appears and substituting in each case
“Ontario Land Tribunal”.
City
of Ottawa Act, 1999
(1) Subsections 12.13 (4), (5) and (6) of the
City of Ottawa Act, 1999 are amended by striking
out “Ontario Municipal Board” wherever it appears and substituting in each case
“Ontario Land Tribunal”.
(2) Subsections
12.14 (2), (3) and (4) of the Act are amended by striking out “Ontario
Municipal Board” wherever it appears and substituting in each case “Ontario
Land Tribunal”.
City
of Toronto Act, 2006
(1) The following provisions of the City of Toronto Act, 2006 are amended by striking out
“Local Planning Appeal Tribunal” wherever it appears and substituting in each
case “Ontario Land Tribunal”:
1. Subsection
9 (2).
2. Subsections
114 (5), (7), (15.2) and (16).
3. Subsections
115 (6), (10), (12), (14), (15), (18), (20), (21) and (21.2).
4. Subsection
285 (8).
5. Clause
397 (2) (b).
6. Subsection
453.1 (15).
(2) Subsection
114 (8) of the Act is amended by striking out “The Local Planning Appeal
Tribunal’s determination” at the beginning and substituting “The Ontario Land
Tribunal’s determination”.
(3) Subsections
114 (15) and (15.1) of the Act are amended by,
(
a) striking
out “to the Local Planning Appeal Tribunal” wherever it appears and
substituting in each case “to the Ontario Land Tribunal”; and
(
b) striking
out “the fee charged under the Local Planning Appeal
Tribunal Act, 2017 ” wherever it appears and substituting in each case
“the fee charged by the Tribunal”.
(4) Subsection
115 (13) of the Act is amended by striking out “The Local Planning Appeal
Tribunal’s determination” at the beginning and substituting “The Ontario Land
Tribunal’s determination”.
(5) Subsection
250 (2) of the Act is amended by striking out “section 22 of the Local Planning Appeal Tribunal Act, 2017 ” in the portion
before clause (
a) and substituting “section 432.0.9”.
(6) Subsection
341 (1) of the Act is amended by striking out “the Local Planning Appeal
Tribunal may continue to exercise its powers under those sections” and
substituting “the powers of the Ontario Municipal Board under those sections
may continue to be exercised by the Ontario Land Tribunal”.
(7) The
Act is amended by adding the following Part:
Part XVIII.1
Ontario Land Tribunal — Jurisdiction and
Powers
Definitions
432.0.1 In this Part,
“City”
includes a local board; (“cité”)
“local
board” means a local board as defined in subsection 3 (1), except that it
includes a school board; (“conseil local”)
“municipality”
includes,
(
a) a
local board of a municipality other than the City, and
(
b) a
board, commission or other local authority exercising any power with respect to
municipal affairs or purposes, including school purposes, in unorganized
territory; (“municipalité”)
“public
utility” means, in addition to a public utility as defined in subsection 3 (1),
(
a) a
system that is used to provide,
(
i) electric
heat, light and power works, or
(ii) any
other service or thing that supplies the general public with necessaries or
conveniences, and
(
b) the
service or thing that is provided. (“service public”)
Municipal Affairs
Jurisdiction
and powers
432.0.2
(1) The Ontario Land Tribunal has
jurisdiction and power in relation to municipal affairs,
(
a) to
approve the exercise in whole or in part of any of the powers by the City under
any Act that may or will involve or require the borrowing of money by the issue
of debentures, or the incurring of any debt or the issuing of any debentures,
which approval the City voluntarily applies for or is required by law to
obtain;
(
b) to
approve any by-law or proposed by-law of the City, which approval the City
voluntarily applies for or is required by law to obtain;
(
c) to
authorize the issue by the City, without the assent of the electors, of
debentures to pay any floating indebtedness that it may have incurred, on such
terms, in such manner and at such times as the Tribunal may approve, or to
direct that the floating indebtedness be paid in such other manner and within
such time as the Tribunal may require;
(
d) to
authorize the issue by the City, without the assent of the electors, of
debentures to retire debentures that are redeemable before maturity, and the
raising of the sum required for payment of the new debentures in the same
manner as the sum required for payment of the retired debentures;
(
e) to
certify to the validity of debentures issued under the authority of any by-law
of the City that the Tribunal has approved;
(
f) to
direct that before any approval is given by the Tribunal to the exercise of any
powers by the City or to any by-law passed by it, or before any authorization
is given by the Tribunal to the issue by the City of debentures to pay any
floating indebtedness, the assent of the electors of the City or those who are
qualified to vote on money by-laws first be obtained, even though the assent is
not otherwise required;
(
g) to
supervise, where considered necessary, the expenditure of any money borrowed by
the City with the approval of the Tribunal;
(
h) to
require and obtain from the City, at any time and for any definite period,
statements in detail of any of its affairs, financial and otherwise;
(
i) to
inquire at any time into any or all of the affairs, financial and otherwise, of
the City and hold hearings and make investigations respecting those affairs as
may appear necessary to be made in the interest of the City, its ratepayers,
inhabitants and creditors and particularly to make and hold inquiries, hearings
and investigations for the purpose of avoiding any default or recurrence of a
default by any municipality in meeting its obligations;
(
j) when
authorized by an agreement entered into by the City and one or more
municipalities in which the parties to the agreement agree to be bound by the
decision of the Tribunal, to hear and determine disputes in relation to the
agreement; and
(
k) where
water or sewage service is supplied or to be supplied by the City to another
municipality, or supplied or to be supplied by another municipality to the
City, to hear and determine the application of either municipality to confirm,
vary or fix rates charged or to be charged in connection with the water or
sewage service.
Same
(2) Clauses
(1) (
c) and (
d) have effect despite any Act.
Voluntary
application for approval of by-laws
432.0.3 A local board mentioned in subsection 432.0.12
(2) may apply to the Ontario Land Tribunal for its approval of any by-law, the
passing of which has been authorized by an order of the Tribunal made under
that section.
Application
to Tribunal for approval of by-law authorizing borrowing
432.0.4
(1) A person may apply to the
Ontario Land Tribunal for approval of a by-law of the City authorizing a
debenture, borrowing or other debt if the person is,
(
a) the
holder of the debenture or entitled to receive the debenture or the proceeds of
its sale;
(
b) the
person to whom the borrowing is owed by the City; or
(
c) the
person to whom the other debt is owed by the City.
Tribunal
may approve
(2) The
Ontario Land Tribunal may approve a by-law in respect of which an application
is made under this section.
Approval
to be withheld where litigation pending
432.0.5 The Ontario Land Tribunal shall not grant or
issue any approval or certificate under this
Part in respect of any municipal
matter if there is any pending action or proceeding relating to the matter,
including an application to quash any by-law of the City relating to the
matter.
Time
for certifying validity of debentures
432.0.6
(1) The Ontario Land Tribunal shall
not certify the validity of any debenture issued under any by-law of the City
until 30 days after the final passing of the by-law, unless notice of the
application for certification has been otherwise published or given as directed
by the Tribunal.
Exception
(2) This
section does not apply to any debenture authorized under clause 432.0.2 (1) (
d) or to a consolidating by-law if every by-law consolidated was finally passed at
least 30 days before certification.
Validation
of by-laws and debentures
432.0.7
(1) An application may be made to
the Ontario Land Tribunal for approval of a by-law of the City authorizing the
issue of any debentures, and of the debentures, either before the debentures
are issued by the City or after the issue and sale of any debentures by the
City.
Same
(2) In
respect of an application made under subsection (1), the Tribunal may approve
the by-law and certify the validity of the debentures despite any omission,
illegality, invalidity or irregularity in the by-law or the debentures or in
any proceedings relating to or incidental to them occurring before or after the
final passing of the by-law or the issuing of the debentures.
approval if by-law quashed, etc.
(3) The
Tribunal shall not approve any by-law of the City or certify the validity of
any debentures issued under a by-law if the validity of the by-law or debenture
is being questioned in any pending litigation or the by-law has been set aside,
quashed or declared to be invalid by any court.
Debentures
to be certified
432.0.8 If the validity of a debenture is certified by
the Ontario Land Tribunal, it shall bear the certificate of the Tribunal in the
form approved by the Tribunal establishing that the by-law under the authority
of which the debenture is issued has been approved by the Tribunal and that the
debenture is issued in conformity with the approval.
Validity
of certified debentures
432.0.9 Despite any Act, every by-law of the City
approved by the Ontario Land Tribunal and every debenture issued under a by-law
bearing the certificate of the Tribunal is for all purposes valid and binding
on the City and its ratepayers and on the property liable for any rate imposed
under the by-law, and the validity of the by-law and the debenture shall not be
contested or questioned in any manner.
Scope
of Tribunal inquiry
432.0.10
(1) The Ontario Land Tribunal may,
before approving an application by the City for any of the following, make
inquiries into the matters described in subsection (2):
1. Approval
of the exercise by the City of any of its powers.
2. Approval
of the incurring of any debt.
3. Approval
of the issue of any debentures.
4. Approval
of a by-law.
Same
(2) For
the purposes of subsection (1), the matters are the following:
1. The
nature of the power sought to be exercised or undertaking that is proposed to be
or has been proceeded with.
2. The
financial position and obligations of the City.
3. The
burden of taxation on the ratepayers.
4. Any
other matter that the Tribunal considers to be relevant.
When
electors’ assent may be dispensed with
432.0.11
(1) This
section applies if, under
any Act, the assent of the electors of the City or of those qualified to vote
on money by-laws is required before the City may exercise a power, incur a
debt, issue a debenture or pass a by-law.
Same
(2) The
Ontario Land Tribunal shall not approve the exercise of the power, incurring of
the debt, issue of the debentures or the by-law until the assent has been
obtained, unless the Tribunal, after due inquiry, is satisfied that the assent
may under all the circumstances properly be dispensed with.
Same
(3) If
the Tribunal is satisfied for the purposes of subsection (2), it may by order
declare and direct that the assent of the electors or the qualified electors
shall not be required to be obtained despite the provisions of the Act.
Hearing
(4) Before
making any order under subsection (3) and subject to subsections (5), (6) and
(7), the Tribunal shall hold a hearing for the purpose of inquiring into the
merits of the matter and hearing any objections that any person may desire to
bring to the attention of the Tribunal.
Notice
to provide for filing of objections
(5) The
Tribunal shall provide notice of the hearing as the Tribunal considers
appropriate and may direct that the notice include a statement that anyone
objecting to dispensing with the assent of the electors may, within the time
specified by the Tribunal, file with the city clerk or, in the case of a local
board, with the secretary of the local board, the objection to dispensing with
the assent of the electors.
Where
no objections
(6) Where
notice has been given under subsection (5), the Tribunal may, when no notice of
objection has been filed within the time specified in the notice, dispense with
the assent of the electors without holding a hearing.
Where
objections filed
(7) If
one or more objections have been filed within the time specified in the notice,
the Tribunal shall hold a hearing unless, under all the circumstances affecting
the matter, the Tribunal considers the objection or, if more than one, all the
objections to be insufficient to require a hearing.
Hearing
not required where additional expenditure approved
(8) Despite
subsection (4), where the Tribunal has approved an expenditure for any purpose,
it may, without holding a hearing, dispense with the assent of the electors of
the City or of those qualified to vote on money by-laws and approve additional
expenditures for the same purpose not in excess of 25 per cent of the original
expenditure approved.
Conditions
in dispensing with vote
(9) The
Tribunal, in making any order under subsection (3) dispensing with the
necessity for obtaining the assent of the electors or qualified electors, may
impose such terms, conditions and restrictions not only in respect of the
matter in which such order is made, but as to any further or subsequent
exercise of any of the powers of the City or incurring of any other debt or
issue of any other debentures or passing of any other by-law by the City as may
appear necessary to the Tribunal.
Limitation
re undertaking debt
432.0.12
(1) Despite any Act, a local board
to which this subsection applies shall not authorize, exercise any of its
powers to proceed with or provide money for any work or class of work if the
cost or any portion of the cost of the work is to be or may be raised after the
term for which the council of the City or board was elected.
Application
(2) Subsection
(1) applies to a local board, other than a board as defined in subsection 1
(1) of the Education Act , that is entitled to apply to
the council of the City to have money provided by the issue of debentures of
the City.
Matters
not requiring Tribunal approval
(3) Subsection
(1) does not apply to,
(
a) anything
done with the approval of the Ontario Land Tribunal, if the approval is,
(
i) provided
for by another Act or by another provision of this Act, and
(ii) obtained
in advance;
(
b) a
by-law of a local board mentioned in subsection (2) containing a provision to
the effect that it shall not come into force until the approval of the Tribunal
has been obtained; or
(
c) a
by-law or resolution of a local board mentioned in subsection (2) containing a
provision to the effect that it shall not come into force until the approval of
the City has been obtained.
Approval
of Tribunal
(4) The
approval of the Tribunal mentioned in clause (3) (
a) means and, despite the
decision of any court, shall be deemed always to have meant the approval of the
work mentioned in subsection (1).
Definition
(5) In
this section,
“work”
includes any undertaking, project, scheme, act, matter or thing.
Inquiry
by Tribunal
432.0.13 On an application being made to the Ontario
Land Tribunal for the approval required by
section 432.0.12, the Tribunal shall
proceed to deal with the application in the manner provided by and shall have regard
to the matters mentioned in
section 432.0.10, and may hold such hearings as may
appear necessary to the Tribunal.
Tribunal
may impose conditions on giving approval
432.0.14 The Ontario Land Tribunal may impose, as it
considers necessary and as a condition of giving its approval as required by
section 432.0.12, restrictions, limitations and conditions on the local board
with respect to the matter before the Tribunal or with respect to the current
annual or future annual expenditures of the local board for any purpose or with
respect to further issues of debentures for the purposes of the local board.
Public Utilities
Jurisdiction
and powers
432.0.15
(1) The Ontario Land Tribunal has
jurisdiction and power,
(
a) to
hear and determine any application with respect to any public utility, its
construction, maintenance or operation by reason of the contravening of or
failure to comply on the part of the City or any person, firm, company or
corporation with the requirements of any Act, or of any regulation, rule,
by-law or order made under any Act, or of any agreement entered into in
relation to such public utility, its construction, maintenance or operation;
and
(
b) to
hear and determine any application with respect to any tolls charged by the
City or any person, firm, company or corporation operating a public utility in
excess of those approved or prescribed by lawful authority, or which are
otherwise unlawful.
Jurisdiction
over receivers, liquidators, etc.
(2) A
manager or other official or the liquidator or receiver of a public utility
shall manage, operate or liquidate the public utility in accordance with the orders
and directions of the Tribunal.
Same
(3) The
fact that the person is managing or operating or liquidating the public utility
under the authority of a court is not a bar to the exercise by the Tribunal of
any jurisdiction or power conferred by this Part.
Clean
Water Act, 2006
(1) The definition of “Tribunal” in
subsection 2 (1) of the Clean Water Act, 2006 is
amended by striking out “Environmental Review Tribunal” and substituting
“Ontario Land Tribunal”.
(2) Subsection
39 (1) of the Act is amended by striking out “Ontario Municipal Board” in the
portion before clause (
a) and substituting “Ontario Land Tribunal”.
Conservation
Authorities Act
(1) Section 21.2 of the Conservation
Authorities Act is amended by striking out “Local Planning Appeal
Tribunal” wherever it appears and substituting in each case “Ontario Land
Tribunal”.
(2) Subsection
24 (4) of the Act is amended by striking out “Local Planning Appeal Tribunal”
and substituting “Ontario Land Tribunal”.
(3) Subsections
25 (2) and (3) of the Act are amended by striking out “Local Planning Appeal
Tribunal” wherever it appears and substituting in each case “Ontario Land
Tribunal”.
(4) Subsection
25 (4) of the Act is amended by striking out “The Local Planning Appeal
Tribunal has authority to take evidence, to confirm or vary the apportionment
of the authority and to fix and award costs” at the beginning and substituting
“The Ontario Land Tribunal has authority to take evidence and to confirm or
vary the apportionment of the authority”.
(5) Section
26 of the Act, as re-enacted by
section 23 of
Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 ,
is amended by striking out “Local Planning Appeal Tribunal” wherever it appears
and substituting in each case “Ontario Land Tribunal”.
(6) Subsection
27 (8) of the Act is amended by striking out “the Mining and Lands Tribunal
continued under the Ministry of Natural Resources Act ”
at the end and substituting “the Ontario Land Tribunal”.
(7) Section
27.1 of the Act is amended by striking out “Mining and Lands Commissioner”
wherever it appears and substituting in each case “Ontario Land Tribunal”.
(8) Section
27.1 of the Act, as amended by
section 13 of
Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget
Measures), 2020 , is amended by striking out “Local Planning Appeal
Tribunal” wherever it appears and substituting in each case “Ontario Land
Tribunal”.
(9) Section
27.2 of the Act is amended by striking out “Mining and Lands Commissioner”
wherever it appears and substituting in each case “Ontario Land Tribunal”.
(10) Section
27.2 of the Act, as amended by
section 14 of
Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget
Measures), 2020 , is amended by striking out “Local Planning Appeal
Tribunal” wherever it appears and substituting in each case “Ontario Land
Tribunal”.
(11) Subsection
28 (15) of the Act is amended by striking out “the Minister who may” in the
portion before clause (
a) and substituting “the Ontario Land Tribunal, and the
Tribunal may”.
(12) Section
28.0.1 of the Act is amended by striking out “Local Planning Appeal Tribunal”
wherever it appears and substituting in each case “Ontario Land Tribunal”.
(13) Section
28.1 of the Act is amended by striking out “Local Planning Appeal Tribunal”
wherever it appears and substituting in each case “Ontario Land Tribunal”.
(14) Sections
28.1.1 and 28.1.2 of the Act are amended by striking out “Local Planning Appeal
Tribunal” wherever it appears and substituting in each case “Ontario Land
Tribunal”.
(15) Section
28.3 of the Act is amended by striking out “Local Planning Appeal Tribunal”
wherever it appears and substituting in each case “Ontario Land Tribunal”.
(16) Clause
40 (1) (
d) of the Act is amended by striking out “Local Planning Appeal
Tribunal” at the end and substituting “Ontario Land Tribunal”.
(17) If this subsection comes into
force before the day subsection 25 (1) of
Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget
Measures), 2020 comes into force, clause 40 (1) (
g) of the Act is
repealed.
Consolidated
Hearings Act
(1) The Consolidated
Hearings Act is repealed.
(2) The
following regulations made under the Act are revoked:
1. Regulation
171 of the Revised Regulations of Ontario, 1990 ( Aggregate
Resources Act ).
2. Regulation
172 of the Revised Regulations of Ontario, 1990 ( Conservation
Authorities Act ).
3. Regulation
173 of the Revised Regulations of Ontario, 1990 (Hearings).
4. Regulation
174 of the Revised Regulations of Ontario, 1990 ( Lakes and
Rivers Improvement Act ).
5. Ontario
Regulation 784/91 (Subsections 34 (3) and (4) of the Regional
Municipality of Halton Act ).
6. Ontario
Regulation 552/94 ( Regional Municipality of Durham Act ).
Development
Charges Act, 1997
(1) The following provisions of the Development Charges Act, 1997 are amended by striking out
“Ontario Municipal Board” wherever it appears and substituting in each case
“Ontario Land Tribunal”:
1. Subsection
12 (3).
Section
3. Subsections
16 (1), (2), (4) and (5).
Section
5. Subsection
18 (1).
Section
Section
8. Subsections
24 (1), (3), (4) and (5).
9. Subsection
25 (1).
10. Subsections
49 (1) and (5).
11. Subsection
51 (2).
12. Subsection
68 (2).
(2) Subsection
15 (2) of the Act is amended by,
(
a) striking
out “the secretary of the Ontario Municipal Board” and substituting “the
Ontario Land Tribunal”; and
(
b) striking
out “Board” and substituting “Tribunal”.
(3) Subsection
16 (3) of the Act is repealed and the following substituted:
Powers
of Tribunal
(3) After
the hearing, the Ontario Land Tribunal may,
(
a) dismiss
the appeal in whole or in part;
(
b) order
the council of the municipality to repeal or amend the by-law in accordance with
the Tribunal’s order;
(
c) repeal
or amend the by-law in such manner as the Tribunal may determine.
(4) Clauses
18 (2) (
a) and (
b) of the Act are repealed and the following substituted:
(
a) if
the Ontario Land Tribunal repeals or amends the by-law, within 30 days after
the Tribunal’s order;
(
b) if
the Ontario Land Tribunal orders the council of the municipality to repeal or
amend the by-law, within 30 days after the repeal or amendment by the council.
(5) Subsection
23 (3) of the Act is amended by,
(
a) striking
out “the secretary of the Ontario Municipal Board” and substituting “the
Ontario Land Tribunal”; and
(
b) striking
out “Board” and substituting “Tribunal”.
(6) Subsection
48 (2) of the Act is amended by,
(
a) striking
out “the secretary of the Ontario Municipal Board” and substituting “the
Ontario Land Tribunal”; and
(
b) striking
out “Board” and substituting “Tribunal”.
(7) Subsection
49 (2) of the Act is repealed and the following substituted:
Powers
of Tribunal
(2) After
the hearing, the Ontario Land Tribunal may,
(
a) dismiss
the objection in whole or in part;
(
b) terminate
the agreement;
(
c) order
that the agreement is terminated unless the parties amend it in accordance with
the Tribunal’s order.
(8) Subsection
49 (3) of the Act is amended by striking out the portion before clause (
a) and
substituting the following:
Same
(3) If
the Ontario Land Tribunal terminates the agreement or makes an order under
clause (2) (c), the Tribunal may order the municipality to refund any amount
paid under the agreement in excess of,
. . . .
(9) Section
50 of the Act is amended by striking out “Ontario Municipal Board” at the end
and substituting “Ontario Land Tribunal”.
(10) Subsection
54 (4) of the Act is repealed and the following substituted:
Money
held until objections disposed of
(4) If
an objection to a front-ending agreement is made, the municipality shall retain
any money received from persons who are not parties to the agreement until all
the objections to the agreement are disposed of by the Ontario Land Tribunal.
If the Tribunal makes an order that the agreement be terminated unless the
parties amend it in accordance with the Tribunal’s order, the municipality
shall retain the money until the agreement is either terminated or amended.
Drainage
Act
42 Subsection 75 (3) of the Drainage
Act is amended by striking out “section 25 of the Local
Planning Appeal Tribunal Act, 2017 ” and substituting “section 474.10.13
of the Municipal Act, 2001 ”.
Education
Act
(1) The following provisions of the Education Act are amended by striking out “Ontario
Municipal Board” wherever it appears and substituting in each case “Ontario
Land Tribunal”:
1. Subsection
67 (1).
2. Subsection
257.63 (3).
Section
257.65.
4. Subsections
257.67 (1), (2), (4) and (5).
Section
257.68.
6. Subsection
257.69 (1).
7. Subsection
257.74 (1).
8. Subsections
257.76 (1), (2), (4) and (5).
9. Sections
257.77, 257.78 and 257.79.
Section
257.87.
Section
257.89.
12. Subsection
257.90 (1).
Section
257.91.
14. Paragraph
4 of
section 257.92.
Section
257.94.
(2) Subsection
257.66 (2) of the Act is amended,
(
a) by
striking out “the secretary of the Ontario Municipal Board” and substituting
“the Ontario Land Tribunal”; and
(
b) by
striking out “as the Ontario Municipal Board may require” and substituting “as
the Ontario Land Tribunal may require”.
(3) Subsection
257.67 (3) of the Act is repealed and the following substituted:
Powers
of Tribunal
(3) After
the hearing, the Ontario Land Tribunal may,
(
a) dismiss
the appeal in whole or in part;
(
b) order
the board to repeal or amend the by-law in accordance with the Tribunal’s
order;
(
c) repeal
or amend the by-law in such manner as the Tribunal may determine.
(4) Clauses
257.69 (2) (
a) and (
b) of the Act are repealed and the following substituted:
(
a) if
the Ontario Land Tribunal repeals or amends the by-law, within 30 days after
the Tribunal’s order;
(
b) if
the Ontario Land Tribunal orders the board to repeal or amend the by-law, within
30 days after the repeal or amendment by the board.
(5) Subsection
257.75 (2) of the Act is amended,
(
a) by
striking out “the secretary of the Ontario Municipal Board” and substituting
“the Ontario Land Tribunal”; and
(
b) by
striking out “as the Ontario Municipal Board may require” and substituting “as
the Ontario Land Tribunal may require”.
(6) Subsection
257.76 (3) of the Act is repealed and the following substituted:
Powers
of Tribunal
(3) After
the hearing, the Ontario Land Tribunal may,
(
a) dismiss
the appeal in whole or in part;
(
b) order
the board to repeal or amend the amending by-law in accordance with the
Tribunal’s order;
(
c) repeal
or amend the amending by-law in such manner as the Tribunal may determine.
(7) Subsection
257.88 (3) of the Act is amended by,
(
a) striking
out “the secretary of the Ontario Municipal Board” and substituting “the
Ontario Land Tribunal”; and
(
b) striking
out “Board” and substituting “Tribunal”.
Environmental
Assessment Act
(1) The following provisions of the Environmental Assessment Act are amended by striking out
“Environmental Review Tribunal” wherever it appears and substituting in each
case “Ontario Land Tribunal”:
1. The
definition of “Tribunal” in subsection 1 (1).
2. Subsection
11 (1).
(2) Subsection
17.20 (1) of the Act is amended by striking out “Environmental Review Tribunal”
and substituting “Ontario Land Tribunal”.
(3) Section
21 of the Act is repealed.
(4) Section
22 of the Act is amended by striking out “any person appointed under
section 7
of the Environmental Review Tribunal Act, 2000 ”.
Environmental
Protection Act
(1) The definition of “Tribunal” in
subsection 1 (1) of the Environmental Protection Act
is amended by striking out “Environmental Review Tribunal” and substituting “Ontario
Land Tribunal”.
(2) Subsections
20.15 (7) to (11) of the Act are repealed.
(3) Subsections
33 (5) to (9) of the Act are repealed.
Environmental
Review Tribunal Act, 2000
46 The Environmental Review Tribunal
Act, 2000 is repealed.
Evidence
Act
47 Subsection 36 (2) of the Evidence
Act is amended by striking out “and of the Ontario Municipal Board”.
Expropriations
Act
(1) The definition of “Tribunal” in
subsection 1 (1) of the Expropriations Act is
amended by striking out “Local Planning Appeal Tribunal” and substituting
“Ontario Land Tribunal”.
(2) Subsection
6 (3) of the Act is amended by striking out “without the inquiry procedure” and
substituting “without a hearing”.
(3) Sections
7 and 8 of the Act are repealed and the following substituted:
Hearings
following notice under s. 6 (2)
(1) An approving authority that receives notice
under subsection 6 (2) shall refer the matter to the Tribunal for a hearing by
a single member of the Tribunal.
Parties
(2) The
parties to a hearing under this
section are,
(
a) the
expropriating authority;
(
b) each
owner who notifies the approving authority under subsection 6 (2) that the
owner desires a hearing in respect of the lands intended to be expropriated;
and
(
c) any
owner added as a party by the Tribunal whose land the Tribunal determines would
be affected by the expropriation or any modification of the expropriation.
Time,
place and notice of hearing
(3) The
Tribunal shall fix a time and place for the hearing, and cause notice of the
hearing to be served on each party.
Notice
of grounds
(4) At
least five days before the date fixed for the hearing, or by such earlier time as
may be specified by the Tribunal, the expropriating authority shall,
(
a) serve
on each of the other parties a notice indicating the grounds on which it
intends to rely at the hearing; and
(
b) make
available for inspection by the other parties any documents, including maps and
plans, that the expropriating authority intends to use at the hearing.
Hearing
by means of inquiry
(5) At
the hearing, the Tribunal shall inquire into whether the taking of the lands or
any part of the lands of an owner or of more than one owner of the same lands
is fair, sound and reasonably necessary in the achievement of the objectives of
the expropriating authority.
Report
(6) Following
the hearing, the Tribunal shall issue a report respecting the hearing that
contains the following information, and shall immediately provide a copy of the
report to the approving authority and the parties:
1. A
summary of the evidence and arguments advanced by the parties.
2. The
Tribunal’s findings of fact.
3. The
Tribunal’s opinion on the merits of the application for approval, and the
reasons for the opinion.
Costs
(7) Subject
to the regulations, the Tribunal may recommend to the approving authority that
a party to the hearing be paid a fixed amount for the party’s costs of the hearing,
and the approving authority may in its discretion order the expropriating
authority to pay the recommended costs.
Same
(8) Costs
recommended under subsection (7) shall not exceed $200, or such higher amount
as may be prescribed.
Same
(9) Subsections
(7) and (8) apply instead of
section 20 of the Ontario
Land Tribunal Act, 2021 .
Decision
of approving authority
(1) The approving authority shall consider every
report it receives under subsection 7 (6) respecting a hearing, and shall,
(
a) approve
the proposed expropriation;
(
b) not
approve the proposed expropriation; or
(
c) approve
the proposed expropriation with such modifications as the approving authority
considers proper, as long as the modifications do not affect the lands of a
registered owner who was not a party to the hearing.
Reasons,
service of decision
(2) The
approving authority shall give written reasons for its decision, and shall
cause the decision and reasons to be served on all the parties and on the
Tribunal within 90 days after the date on which the approving authority
received the report.
Certificate
(3) The
approving authority shall certify its approval in the prescribed form.
(4) Clause
10 (2) (
a) of the Act is repealed and the following substituted:
(
a) if
there was a hearing under
section 7, as of the date the notice of hearing was
served on the owner;
(5) Subsection
10 (2.1) of the Act is repealed.
(6) Sections
26 to 28 of the Act are repealed and the following substituted:
Application,
if compensation not agreed to
(1) If the statutory authority and the owner do
not agree on the compensation payable under this Act, the statutory authority
or the owner may, subject to subsection (2), apply to the Tribunal for the
determination of compensation by way of a hearing or as otherwise provided for
under the Ontario Land Tribunal Act, 2021 .
Same
(2) Subsection
(1) applies,
(
a) in
the case of injurious affection, if
section 22 has been complied with; or
(
b) in
the case of expropriation, if
section 25 has been complied with or the time for
complying with it has expired.
(7) Sections
29 to 31 of the Act are repealed and the following substituted:
Duties
of Tribunal on application
29 The Tribunal shall determine any compensation in respect of
which an application is made under
section 26 and, in the absence of an
agreement made under
section 24, shall determine any other matter required by
this or any other Act to be determined by the Tribunal.
Application,
if no expropriation
(1) If the owner of land consents to the
acquisition of the land by a statutory authority, the statutory authority or
the owner, with the consent of the other, may apply to the Tribunal for the
determination of the compensation to which the owner would be entitled by this
Act if the land were expropriated, and the Tribunal may determine the
compensation.
Same
(2) For
the purposes of subsection (1), the compensation shall be assessed as of the
date on which the consent to the acquisition is given, subject to any agreement
of the parties.
Appeals
(1) A decision or order of the Tribunal under
this Act may be appealed to the Divisional Court within six weeks from the day
the decision or order was served on the parties, on a question of law or fact
or both.
Extension
of time for appeal
(2) A
judge of the Divisional Court may extend the time for appeal for such period as
the judge considers proper.
Powers
of Court
(3) On
an appeal under subsection (1), the Divisional Court may,
(
a) refer
any matter back to the Tribunal; or
(
b) make
any decision or order that the Tribunal has power to make.
Non-application
(4) For
greater certainty, this
section does not apply with respect to any
determination of the Tribunal under
section 7.
(8) Section
32 of the Act is amended by adding the following subsection:
Same
(3) If
no tariffs or rules are prescribed under clause 44 (d), the assessment officer
shall instead have reference to the rules made by the Tribunal for the purposes
section 20 of the Ontario Land Tribunal Act, 2021 .
(9) Section
44 of the Act is amended by adding the following clauses:
(0.
a) providing
for and governing circumstances in which costs shall not be recommended or
ordered to be paid under subsection 7 (7);
(0.a.1) specifying
a maximum costs amount for the purposes of subsection 7 (8), including
providing for different maximum costs amounts in respect of different classes of
hearings;
(10) Clause
44 (
c) of the Act is repealed.
Funeral,
Burial and Cremation Services Act, 2002
Section 85 of the Funeral, Burial
and Cremation Services Act, 2002 is amended by striking out “Ontario
Municipal Board” wherever it appears and substituting in each case “Ontario
Land Tribunal”.
Great
Lakes Protection Act, 2015
50 Subsection 20 (1) of the Great
Lakes Protection Act, 2015 is amended by striking out “Ontario Municipal
Board” in the portion before clause (
a) and substituting “Ontario Land
Tribunal”.
Greenbelt
Act, 2005
51 (1) Subsection 7 (1) of the Greenbelt Act, 2005 is amended by striking out “Ontario
Municipal Board” and substituting “Ontario Land Tribunal”.
(2) Subsections
18 (1) and (2) of the Act are repealed and the following substituted:
Matters
appealed
(1) If
a matter relating to land within the areas designated as Protected Countryside
in the Greenbelt Plan is appealed or referred to the Ontario Land Tribunal,
whether under
section 21 of the Ontario Land Tribunal Act,
2021 or otherwise, the Minister may notify the Tribunal that its
consideration of the matter should be deferred.
Stay
(2) If
the Minister gives notice under subsection (1), all steps in the appeal or
referral are stayed as of the date of the notice until the Minister gives a
further notice to the Tribunal that the appeal or referral may be continued.
Same
(2.1) Subsection
(2) applies despite subsection 21 (4) of the Ontario Land
Tribunal Act, 2021 .
(3) Subsections
18 (5) and (8) of the Act are amended by striking out “Ontario Municipal Board
or joint board” wherever it appears and substituting in each case “Ontario Land
Tribunal”.
Health
Protection and Promotion Act
(1) Subsection 77.4 (9) of the Health Protection and Promotion Act is amended by
striking out “the Ontario Municipal Board, upon application in accordance with
the rules governing the practice and procedure of that board, shall determine”
and substituting “the Ontario Land Tribunal shall, on application, determine”.
(2) Subsection
77.4 (10) of the Act is amended by striking out “Ontario Municipal Board” and
substituting “Ontario Land Tribunal”.
Housing
Development Act
53 (1) Subsection 7 (5) of the Housing Development Act is amended by striking out “Local
Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”.
(2) Subsection
13 (4) of the Act is amended by striking out “Section 25 of the Local Planning Appeal Tribunal Act, 2017 does not apply”
at the beginning and substituting “Section 474.10.13 of the Municipal Act, 2001 and
section 432.0.12 of the City of Toronto Act, 2006 do not apply”.
Housing Services Act, 2011
54 (1) Subsection 16 (4) of the Housing Services Act, 2011 is repealed and the following
substituted:
Application
for approval
(4) A
dssab service manager that proposes to give a direction to a municipality shall
apply to the Ontario Land Tribunal for approval of the proposed direction under
section 474.10.13 of the Municipal Act, 2001 and
the dssab service manager is deemed, for the purposes of that section, to make
the application on behalf of the municipality.
(2) Subsection
16 (5) of the Act is amended by striking out “Local Planning Appeal Tribunal”
and substituting “Ontario Land Tribunal”.
Lake
Simcoe Protection Act, 2008
55 Subsections 6 (1) and (8) of the Lake
Simcoe Protection Act, 2008 are amended by striking out “Ontario
Municipal Board” wherever it appears and substituting in each case “Ontario Land
Tribunal”.
Law
Society Act
56 (1) Subsection 31 (1) of the Law Society Act is amended by striking out “or” at the
end of clause (
a) and by repealing clause (b).
(2) Paragraph
15 of subsection 63 (1) of the Act is repealed.
Legislation
Act, 2006
57 Clause (
b) of the definition of “regulation” in
section
17 of the Legislation Act, 2006 is amended by
striking out “Ontario Municipal Board” at the end and substituting “Ontario
Land Tribunal”.
Legislative
Assembly Act
58 Clause 8 (2) (
e) of the Legislative
Assembly Act is amended by striking out “Ontario Municipal Board” and
substituting “Ontario Land Tribunal”.
Local
Planning Appeal Tribunal Act, 2017
(1) The Local Planning
Appeal Tribunal Act, 2017 is repealed.
(2) Ontario
Regulation 303/19 (Transition for Planning Act Appeals), made under the Act, is
revoked.
Long-Term
Care Homes Act, 2007
60 Subsection 128 (4) of the Long-Term
Care Homes Act, 2007 is amended by striking out “Ontario Municipal
Board” and substituting “Ontario Land Tribunal”.
Metrolinx
Act, 2006
61 Subsection 31.1 (4) of the Metrolinx
Act, 2006 is amended by striking out “Ontario Municipal Board” and
substituting “Ontario Land Tribunal”.
Mining
Act
(1) The definition of “Tribunal” in
subsection 1 (1) of the Mining Act is repealed and
the following substituted:
“Tribunal”
means the Ontario Land Tribunal; (“Tribunal”)
(2) The
heading to
Part VI of the Act is repealed and the following substituted:
part vi
ontario land tribunal
(3) Subsection
114 (3) of the Act is repealed.
(4) Sections
115 to 120 of the Act are repealed.
(5) Sections
122 and 123 of the Act are repealed.
(6) Sections
125 to 127 of the Act are repealed.
(7) Section
128 of the Act is amended by striking out “before the Tribunal or recorder” and
substituting “before the recorder”.
(8) Subsections
129 (1), (2) and (3) of the Act are repealed.
(9) Subsection
129 (4) of the Act is amended by adding “of the Tribunal” after “each order or
judgment”.
(10) Sections
130 and 131 of the Act are repealed.
(11) Section
133 of the Act is amended by striking out “including an order dismissing a
matter or proceeding under
section 122” at the end.
(12) Subsection
134 (5) of the Act is repealed.
(13) Subsection
152 (9) of the Act is amended by striking out “Sections 114, 115, 116 and 118
to 131 of this Act” at the beginning and substituting “Sections 114, 121, 124,
128 and 129 of this Act”.
Ministry
of Natural Resources Act
(1) The definition of “Tribunal” in
section 1
of the Ministry of Natural Resources Act is repealed.
(2) Section
6 of the Act is repealed.
(3) The
following regulations made under the Act are revoked:
1. Ontario
Regulation 571/00 (Assignment of Powers and Duties of Minister).
2. Ontario
Regulation 12/18 (Transition - Establishment of Mining and Lands Tribunal).
Municipal
Act, 2001
(1) The following provisions of the Municipal Act, 2001 are amended by striking out “Local
Planning Appeal Tribunal” wherever it appears and substituting in each case
“Ontario Land Tribunal”:
1. Subsection
6 (2).
2. Clause
179 (b).
3. Subsection
180 (1).
4. Subsection
181 (1).
5. Subsection
182 (1).
6. Subsection
183 (1).
Section
8. Subsections
186 (1) and (2).
9. Subsection
222 (4).
10. Subsection
223 (4).
11. Subsection
323 (8).
12. Clause
401 (4) (c).
13. Subsection
402 (1).
14. Subse