Ontario Bill 276 (42nd Parliament, 1st Session)
Bill 276, 42-1
Ontario — Bills
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Bill 276, Supporting Recovery and Competitiveness Act, 2021
Sarkaria, Hon. Prabmeet Singh Associate Minister of Small Business and Red Tape Reduction
Royal Assent received. Statutes of Ontario 2021,
chapter 25
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Bill 276 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 276 and does not form part of the law.
Bill 276 has been enacted as
Chapter 25 of the Statutes of Ontario, 2021.
Schedule
Class Proceedings Act, 1992
The
Schedule amends the Class Proceedings Act, 1992 .
Clause 29.1 (1) (
c) of the Act is re-enacted to remove the requirement that the
court order the proceeding not be dismissed as one of the elements to the
exception to the court’s obligation to dismiss a proceeding for delay. The
Schedule also amends the French version of clause 29.1 (1) (
b) of the Act to
Schedule
Corporations Act
The
Schedule amends
section 335 of the Corporations Act
to clarify that the replacement provision for
section 125.1 of the Act set out
in
Schedule 2 to the Act is to be read without the reference to
section 117
after
section 117 is repealed. The
Schedule also makes a related amendment to
the Cutting Unnecessary Red Tape Act, 2017 to allow
the repeal of
section 125.1 of the Corporations Act to come into force on a
date to be named by proclamation.
Schedule
Education Act
The
Education Act is amended to provide that the
Minister has certain powers relating to the establishment of demonstration
schools for exceptional pupils whose learning disabilities are such that a
demonstration school program is required. The Act currently provides that the
learning disabilities must be such that a residential setting is required.
The
Schedule also amends the Act to add authority for the Lieutenant Governor in
Council to make regulations regarding meetings held by the Centre Jules-Léger Consortium.
The Act is amended to repeal sections 8 and 9 of
Schedule 1 to the Act.
Schedule
Election Act
The
Election Act is amended so that nomination papers
for prospective candidates no longer have to name an auditor, but do have to
provide the names of the persons who can accept contributions on behalf of the
candidate and the financial institutions that will accept the deposits of
contributions.
Schedule
Electricity Act, 1998
The
Schedule repeals provisions of the Electricity Act, 1998
that require priority connection access to renewable energy generation
facilities and the provision of information about a distribution system’s or
transmission system’s ability to accommodate generation from a renewable energy
generation facility. A related regulation making power is also repealed.
Schedule
Employment Standards Act, 2000
The
Employment Standards Act, 2000 is amended to
provide that an employment standards officer may require an employer to conduct
an examination of the employer’s records, practices or both in relation to one
or more provisions of the Act or the regulations. The employment standards
officer may require the employer to provide specified information, including
information about whether the employer has complied with the Act and the regulations
and whether employees are owed wages and if so, the amounts owed. The current
provisions in the Act respecting self-audits by employers are repealed.
Currently,
an employer may only deposit wages for an employee at a financial institution
if, among other conditions, an office or facility of the financial institution
is located within a reasonable distance from the location where the employee
usually works, unless the employee agrees otherwise. The
Schedule repeals that
condition.
Schedule
Family Responsibility and Support Arrears Enforcement Act, 1996
The
Schedule amends the Family Responsibility and Support
Arrears Enforcement Act, 1996 in respect of various issues.
Section 7 of
the Act is amended to grant discretion to the Director to refuse to enforce a
support order or support deduction order, or any part of such support order or
support deduction order. Sections 8 and 8.2 of the Act are amended to permit
the recipient to terminate a support obligation provided for in a support order
or support deduction order by giving notice to the Director.
The
Act is also amended to include a new
section 8.1.1, which provides the Director
with discretion to discontinue enforcement or enforce a lesser amount of
support with respect to a support order or support deduction order that
pertains to a child who has reached the age of majority if certain conditions
are met. Under subsection 8.1.1 (2), the Director may resume enforcement or
reinstate the amount enforced before the reduction upon receipt of a written
response from the recipient.
Finally,
the Act is amended to include new subsections 50 (3), (4) and (5). Subsection
50 (3) permits the Director to serve a document issued by another Canadian
jurisdiction on a person in Ontario for the purpose of attaching the income or
funds referred to in that document if certain conditions are met. Subsection 50
(4) requires that the document be served in the same manner as a notice of
support deduction order under the Act. Subsection 50 (5) provides that once a
document is served, it has the same force and effect and may be dealt with in
the same manner as a notice of support deduction order under the Act.
Schedule
Fish and Wildlife Conservation Act, 1997
The
Schedule amends
section 112 of the Fish and Wildlife Conservation
Act, 1997 to clarify the regulation-making power to require holders of
licences and authorizations under the Act to complete and submit reports to the
Minister at such time as may be prescribed. In addition, the amendment adds a
power to make regulations requiring the holder of a hunting licence who fails
to submit a report at the prescribed time to pay a penalty in the amount
prescribed.
Schedule
French Language Services Act
The
Schedule amends the definition of “government agency” in the French Language Services Act to permit the designation of
municipal homes and joint homes as public service agencies.
Schedule
Justices of the Peace Act
The
Schedule amends clause 8 (3) (
f) of the Justices of the
Peace Act respecting the composition of the Justices of the Peace Review
Council so that any licensees under the Law Society Act
may be eligible for appointment to the Council, rather than just lawyers.
Schedule
Labour Relations Act, 1995
technical amendment is made to the French version of
section 102 of the Labour Relations Act, 1995 .
Schedule
Law Society Act
Subsection
48 (1) of the Law Society Act , which provides for
circumstances in which a licensee’s licence may be summarily revoked, is
amended to add the circumstance that a suspension order made against the
licensee under clause 45 (3) (
b) or (
c) of the Act is still in effect after 24
months.
Schedule
Liquor Licence and Control Act, 2019
The
Schedule makes various amendments to the Liquor Licence
and Control Act, 2019 , which is not yet in force, including the
following:
1. The
definition of “wine” in subsection 1 (1) of the Act is re-enacted to specify
that it is subject to regulations that may clarify the meaning of the term, and
to distinguish between the natural sugars contained in fruit versus in other
agricultural products such as honey.
2. Subsection
3 (4) of the Act is amended to permit additional ineligibility criteria for a
licence to be added by regulations made under the Act.
Section
13 of the Act is amended to permit the Registrar to suspend a licence without
issuing a proposal to do so, if the Registrar considers it to be necessary in
the public interest. The licence holder’s entitlement to a hearing respecting
the suspension is retained.
Section
16 of the Act, which deals with permits, is amended to make the
section more
consistent with corresponding provisions respecting licences.
Schedule
Mining Act
The
Schedule amends the Mining Act to add a requirement
for the Provincial Recording Office to maintain a licence of occupation
registry in addition to its existing duty to maintain a mining claims registry.
Complementary amendments are made to various provisions of the Act to reflect
the addition of the new registry. As well, various provisions are amended to
add express reference to licences of occupation.
addition,
section 52 of the Act is amended respecting the sale of the end
product of the mining, milling or refining of more than a specified quantity of
mineral bearing substance from an unpatented mining claim for the purpose of
testing mineral content, as permitted by the Minister under subsection 52 (1).
Under subsection 52 (3), the sale or disposition of the end product is
prohibited until the mining claim from which the minerals were taken is leased
under the Act. This prohibition is subject to an exception in subsection 52
(4), where the Minister may give written permission for such sale or
disposition. The
Schedule adds a subsection 52 (5) so that additional
circumstances in which such sale or disposition is permitted may be prescribed
by regulations made under the Act, and the regulations may also govern the sale
or disposition.
Finally,
a number of corrections are made to the French version of the Act.
Schedule
Modernizing Ontario for People and Businesses Act, 2020
The
Modernizing Ontario for People and Businesses Act, 2020
is amended to repeal the term “administrative cost” and enact the terms “direct
compliance cost” and “broader public sector organization”. Related and
consequential amendments are made.
Schedule
Northern Ontario School of Medicine University Act, 2021
The
Northern Ontario School of Medicine University Act, 2021
is enacted, which continues the Northern Ontario School of Medicine as the Northern
Ontario School of Medicine University. The Act provides that the University may
grant the degrees prescribed by regulation and other degrees that it may be
authorized to grant under the Post-secondary Education
Choice and Excellence Act, 2000 . Various other provisions and
regulation-making powers are also enacted regarding the administration of the
University.
Schedule
Not-for-Profit Corporations Act, 2010
new
Part XVI is added to the Not-for-Profit Corporations
Act, 2010 to provide that certain provisions of the Act are temporarily
suspended and that replacement provisions apply during the temporary suspension
period. The replacement provisions are set out in a new
Schedule 1 to the Act.
The replacement provisions address, among other things, the holding of meetings
of members and directors by telephonic or electronic means and voting at
meetings by alternate means.
The
temporary suspension period for each
section of
Schedule 1 is the period that
begins on the day subsection 4 (1) of the Not-for-Profit
Corporations Act, 2010 comes into force and ends on December 31, 2021
and, if the regulations so provide for a particular section, a further
prescribed period of time immediately following December 31, 2021. A new
Part
XVII is added to the Act to address transitional matters in connection with the
application of
Schedule 1.
Several
housekeeping amendments are made to the Act as a consequence of certain
provisions being repealed.
Schedule
Ontario Drug Benefit Act
The
provisions of the Ontario Drug Benefit Act requiring
the establishment of a Pharmacy Council and a Citizens’ Council are repealed.
Schedule
Ontario Energy Board Act, 1998
The
Schedule amends two provisions of the Ontario Energy Board
Act, 1998 :
1. Subsection
70 (2.1) of the Act sets out conditions that are deemed to apply to every licence
issued to a transmitter or distributor. The subsection is amended to remove a
condition requiring a licensee to provide priority connection access to its
transmission system or distribution system for specified renewable energy
generation facilities.
2. Subsection
96 (2) of the Act sets out a limited list of factors that the Board may consider
when it considers whether the construction, expansion or reinforcement of the
electricity transmission line or electricity distribution line, or the making
of the interconnection, is in the public interest. Promotion of the use of
renewable energy sources is removed from the list.
Schedule
Ontario Immigration Act, 2015
Various
amendments are made to the Ontario Immigration Act, 2015 ,
including amendments to provide for the following:
1. A
person licensed as an immigration and citizenship consultant in good standing under
the College of Immigration and Citizenship Consultants Act
(Canada) may act as a representative.
2. An
inspector’s power to enter premises applies in respect of employers who have
applied for an approval and persons who are applicants in a category for
entrepreneurs or who have been approved in such a category.
3. The
time for requesting an internal review of a decision or order is 30 days in all
cases.
Schedule
Ontario Works Act, 1997
The
Schedule amends the Ontario Works Act, 1997 .
The
Schedule changes the definition of employment assistance to employment and life
stabilization assistance and makes related amendments. Amendments are made to
sections 19 and 22.1 to update the rules related to overpayments.
Subsection
38 (1) of the Act is amended to provide that the Ministry can be designated as
a delivery agent for a geographic area. Certain amendments to the Act are made
to set out how those provisions apply in geographic areas in which the Ministry
is or is not the delivery agent. With respect to geographic areas in which the
Ministry is the delivery agent, new
section 50 of the Act provides that a
delivery partner can be designated to exercise prescribed powers and duties.
New sections 50.1 and 50.2 are added setting out rules related to delivery
partners. Various amendments to the Act are made to reflect that certain
provisions that applied to delivery agents will also apply to delivery
partners. Several amendments are made to the regulation-making powers set out
in subsections 74 (1) and (2).
The
Schedule repeals
Schedule D to the Social Assistance
Reform Act, 1997 . Consequential and other amendments are also made to
the District Social Services Administration Boards Act ,
the Insurance Act and the Ontario
Disability Support Program Act, 1997 .
Schedule
Opioid Damages and Health Care Costs Recovery Act, 2019
The
Opioid Damages and Health Care Costs Recovery Act, 2019
is amended to reflect the addition of home and community care services to the Connecting Care Act, 2019 and the repeal of the Home Care and Community Services Act, 1994 .
Schedule
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF eNERGY,
nORTHERN dEVELOPMENT AND mINES
The
Schedule repeals amendments to
section 62 of the Planning
Act that were made by
Schedule 6 to the COVID-19
Economic Recovery Act, 2020 but are not yet in force. The
Schedule makes
different amendments to that section, to provide for specified projects
undertaken by transmitters within the meaning of the Electricity
Act, 1998 or by Ontario Power Generation Inc. that have met specified
criteria under the Environmental Assessment Act to
be exempted from the Planning Act and from
section
113 or 114 of the City of Toronto Act, 2006 .
Schedule
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF mUNICIPAL aFFAIRS AND
hOUSING
The
Schedule amends the Planning Act . The principal
amendments to the Act are described below.
Amendments
are made in relation to the exceptions to subdivision control under subsection
50 (3) of the Act as follows:
1. A
new clause 50 (3) (a.1) is added to provide an exception in respect of land that
is the whole of a parcel of land that was previously owned by, or abutted land
previously owned by, joint tenants and the ownership would have otherwise
merged in the person as a result of the death of one of the joint tenants.
2. The
existing exception under clause 50 (3) (
b) currently applies where the person
undertaking the transaction does not retain a specified interest in any
abutting land other than the whole of one or more lots within a registered plan
of subdivision. The clause is re-enacted to expand the types of abutting land
in which a specified interest can be retained.
3. The
existing exception under clause 50 (3) (
g) currently applies where land is
acquired for the purpose of an electricity distribution line, electricity
transmission line or hydrocarbon line and is being disposed of to the person
from whom it was acquired. The clause is re-enacted to provide that the
exception also applies where such land is disposed of to the successor in title
to the person from whom it was acquired. The re-enacted clause also requires
that the person to whom the land is being disposed of must hold a specified
interest in land abutting the land being disposed of.
Similar
changes are made in relation to the exceptions to part-lot control under
subsection 50 (5).
Subsection
50 (18) is re-enacted to prohibit any foreclosure or exercise of a power of
sale from having any effect in law unless all the land subject to the mortgage
or charge is included in the foreclosure or exercise of the power of sale or
the land could otherwise be conveyed in compliance with
section 50.
Consequential amendments are made to subsections 50 (1.1) to (1.5) and 54
(2.1), (2.2), (6.1) and (7) and 55 (1).
Various
amendments are made to
section 51 of the Act to enhance requirements in
relation to public notice, information and public meetings in relation to the
process associated with applications for plans of subdivision. Subsections 51
(35) and (50) are amended to require, after a notice of appeal is received, the
approval authority to forward to the Tribunal such information and material as
the Tribunal may require.
Currently,
subsection 53 (1) provides that an owner or chargee of land or such owner’s or
chargee’s agent may apply for a consent as defined in subsection 50 (1). An
amendment is made to also permit a purchaser of land or the purchaser’s agent to
apply for a consent.
new subsection 53 (4.2.1) provides that an application for a consent may be
amended by an applicant at any time before the council or the Minister gives or
refuses to give a consent. If the application is amended, a new subsection 53
(4.2.2) permits imposition of terms as the council or Minister considers
appropriate.
Amendments
are made to
section 53 in relation to the process associated with consent
applications. A new subsection 53 (5.1) provides that a regulation requiring a
public meeting may also specify other requirements in relation to the meeting.
Subsections 53 (15) and (28) are amended to require, after a notice of appeal
is received, the clerk of a municipality or the Minister, as the case may be,
to forward to the Tribunal such information and material as the Tribunal may
require.
Currently,
subsection 53 (41) deems an application for consent to be refused if, after the
applicable one-year period, the conditions imposed on the application have not
been fulfilled. An amendment is made to change the one-year period to a
two-year period.
new subsection 53 (42.1) sets out circumstances in which the clerk of a
municipality or the Minister, as the case may be, is required to issue a
certificate to an applicant for a consent for the retained land in an
application for consent. A definition of “retained land” is also added to
section 50.
New
subsections 53 (45) to (48) set out rules governing the issuance of
certificates of cancellation, where applied for by the owner of the land or the
owner’s agent. A new subsection 53 (49) sets out rules that apply after the
registration of the certificate of cancellation. Consequential amendments are
made to subsections 50 (1.1) to (1.5), 54 (2.1), (6.1) and (7) and 55 (1).
Schedule
Regulated Health Professions Act, 1991
The
Regulated Health Professions Act, 1991 is amended
to repeal the provisions that establish and govern the Health Professions
Regulatory Advisory Council. Related amendments are made to the Act and to
various health professions Acts to repeal references to the Advisory Council.
Schedule
Statute Labour Act
The
Schedule amends the Statute Labour Act and makes
complementary amendments to another Act. Existing
section 38 is repealed and
replaced with new
section 38 which provides that a road commissioner shall
dispose of the assets and liabilities of their office and sets out an exception
to that requirement. The
Schedule repeals
section 39 of the Act.
Schedule
Statutory Powers Procedure Act
The
Schedule adds a new
section 29 to the Statutory Powers
Procedure Act that imposes prohibitions on various activities relating
to the recording of proceedings to which the Act applies, including taking or
attempting to take photographs, audio or video recordings or other records at
hearings and in other specified circumstances, as well as disseminating the
photographs, recordings and records. The prohibitions are subject to a number
of stated exceptions. Every person who contravenes a prohibition in
section 29
is guilty of an offence and on conviction is liable to a fine of not more than
$25,000. Consequential amendments are made to the Police
Services Act and the Veterinarians Act .
addition, the
Schedule amends the Statutory Powers
Procedure Act by,
(
a) amending
clause 3 (2) (
d) to reflect changes in other legislation; and
(
b) amending
subsection 14 (1) to make a change in the French version.
Schedule
Université de Hearst Act, 2021
The
Université de Hearst Act, 2021 is enacted, which
continues the Collège de Hearst as the Université de Hearst. The Act provides
that the University may grant the degrees prescribed by regulation and other
degrees that it may be authorized to grant under the Post-secondary
Education Choice and Excellence Act, 2000 . Various other provisions and
regulation-making powers are also enacted regarding the administration of the
University.
Bill 276 2021
Act to enact and amend various Acts
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule
Class
Proceedings Act, 1992
Schedule
Corporations
Act
Schedule
Education
Act
Schedule
Election
Act
Schedule
Electricity
Act, 1998
Schedule
Employment
Standards Act, 2000
Schedule
Family
Responsibility and Support Arrears Enforcement Act, 1996
Schedule
Fish
and Wildlife Conservation Act, 1997
Schedule
French
Language Services Act
Schedule
Justices
of the Peace Act
Schedule
Labour
Relations Act, 1995
Schedule
Law
Society Act
Schedule
Liquor
Licence and Control Act, 2019
Schedule
Mining
Act
Schedule
Modernizing
Ontario for People and Businesses Act, 2020
Schedule
Northern
Ontario School of Medicine University Act, 2021
Schedule
Not-for-profit
Corporations Act, 2010
Schedule
Ontario
Drug Benefit Act
Schedule
Ontario
Energy Board Act, 1998
Schedule
Ontario
Immigration Act, 2015
Schedule
Ontario
Works Act, 1997
Schedule
Opioid
Damages and Health Care Costs Recovery Act, 2019
Schedule
Planning
Act — Amendments Proposed by the Ministry of Energy, Northern Development and
Mines
Schedule
Planning
Act — Amendments Proposed by the Ministry of Municipal Affairs and Housing
Schedule
Regulated
Health Professions Act, 1991
Schedule
Statute
Labour Act
Schedule
Statutory
Powers Procedure Act
Schedule
Université
De Hearst Act, 2021
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Subject to subsections (2) and
(3), this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Supporting Recovery and
Competitiveness Act, 2021 .
Schedule
Class Proceedings Act, 1992
(1) The French version of clause 29.1 (1) (
b) of the Class Proceedings Act, 1992 is amended by adding “autres”
before “mesures nécessaires”.
(2) Clause
29.1 (1) (
c) of the Act is repealed and the following substituted:
(
c) the
court has established a timetable for service of the representative plaintiff’s
motion record in the motion for certification or for completion of one or more
other steps required to advance the proceeding; or
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 2
Corporations Act
Section 335 of the Corporations Act is amended by
adding the following subsection:
Interpretation
of s. 3 of
Schedule 2
(3) On
and after the day
section 117 is repealed by
section 27 of
Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 , subsection 125.1
(2) of the replacement provision set out in
section 3 of
Schedule 2 to this Act
shall be read without reference to “Despite
section 117,”.
Cutting
Unnecessary Red Tape Act, 2017
Subsection 85 (5) of
Schedule 7 to the Cutting Unnecessary
Red Tape Act, 2017 is amended by striking out “31 (2), 33 (2)” and
substituting “33 (2)”.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Supporting Recovery and Competitiveness Act, 2021
receives Royal Assent.
(2) Section
1 comes into force on the later of the day
section 27 of
Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force
and the day the Supporting Recovery and Competitiveness
Act, 2021 receives Royal Assent.
Schedule 3
Education Act
(1) Subsection 13 (5) of the Education Act
is amended by striking out “residential setting” in the portion after clause
(
b) and substituting “demonstration school program”.
(2) Subsection
13 (5.0.1) of the Act is repealed.
(1) Subsection 13.1 (12) of the Act is amended by adding the
following clauses:
(a.1) prescribing
the number of meetings of the Consortium;
(a.2) governing
the circumstances in which the chair of the Consortium is required to be
physically present in the meeting room of the Consortium for meetings of the Consortium;
(2) Section
13.1 of the Act is amended by adding the following subsection:
Same
(12.1) A
regulation under clause (12) (a.1) or (a.2) may set out rules with respect to
periods of time before the regulation is filed.
Sections 8 and 9 of
Schedule 1 to the Act are repealed.
Consequential
amendment
Subsection 10 (1) of
Schedule 12 to the Stronger, Fairer
Ontario Act (Budget Measures), 2017 is repealed.
Commencement
(1) Subject to subsections (2) and (3), this
Schedule comes into
force on the day the Supporting Recovery and
Competitiveness Act, 2021 receives Royal Assent.
(2) Subsection
1 (2) comes into force on the later of September 1, 2021 and the day the Supporting Recovery and Competitiveness Act, 2021
receives Royal Assent.
(3) Sections
2 and 3 come into force on a day to be named by proclamation of the Lieutenant
Governor.
Schedule 4
Election Act
Clause 27 (2) (
m) of the Election Act is repealed
and the following substituted:
(
m) the
names of all persons authorized by the prospective candidate to accept
contributions in respect of their candidacy;
(m.1) the
name and address of every financial institution that is lawfully entitled to
accept deposits to be used by or on behalf of the prospective candidate as the
depositories for all contributions made to that person in respect of their
candidacy;
(m.2) the
names of the persons responsible for each depository referred to in clause
(m.1); and
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 5
Electricity Act, 1998
Section 25.37 of the Electricity Act, 1998 is
repealed.
Subsections 26 (1.1), (1.2) and (1.3) of the Act are repealed.
Clause 114 (1.4) (0.a.1) of the Act is repealed.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 6
Employment Standards Act, 2000
The French version of clause (
a) of the definition of “wages” in subsection 1
(1) of the Employment Standards Act, 2000 is
amended by striking out “en espèces” and substituting “en argent”.
Subsection 11 (4) of the Act is amended by adding “and” at the end of clause
(a), by striking out “and” at the end of clause (
b) and by repealing clause
(c).
Section 91 of the Act is amended by adding the following subsections:
Self-audit
(10.1) In
addition to the powers set out in subsection (6), an employment standards
officer conducting an inspection may, by giving written notice, require an
employer to conduct an examination of the employer’s records, practices or both
in relation to one or more provisions of this Act or the regulations.
Examination
and report
(10.2) If
an employer is required to conduct an examination under subsection (10.1), the
employer shall conduct the examination and report the results of the examination
to the employment standards officer in accordance with the notice.
Notice
(10.3) A
notice given under subsection (10.1) shall specify,
(
a) the
period to be covered by the examination;
(
b) the
provision or provisions of this Act or the regulations to be covered by the
examination; and
(
c) the
date by which the employer must provide a report of the results of the
examination to the employment standards officer.
Same
(10.4) A
notice given under subsection (10.1) may specify,
(
a) the
method to be used in carrying out the examination;
(
b) the
format of the report; and
(
c) such
information to be included in the employer’s report as the employment standards
officer considers appropriate.
Same
(10.5) Without
restricting the generality of clause (10.4) (c), a notice given under
subsection (10.1) may require the employer to include in the report to the
employment standards officer,
(
a) an
assessment of whether the employer has complied with this Act or the
regulations;
(
b) if,
pursuant to clause (a), the employer has included an assessment that the
employer has not complied with this Act or the regulations;
(
i) an
assessment of whether one or more employees are owed wages, and
(ii) a
description of the measures that the employer has taken or will take to ensure
that this Act or the regulations will be complied with; and
(
c) if,
pursuant to subclause (b) (i), the employer has included an assessment that one
or more employees are owed wages, the name of every employee who is owed wages,
the amount of wages owed to each employee and an explanation of how the amount
of wages owed to each employee was determined.
Section 91.1 of the Act is repealed.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 7
Family Responsibility and Support Arrears Enforcement Act, 1996
(1) Subsection 7 (1) of the Family
Responsibility and Support Arrears Enforcement Act, 1996 is amended by
adding “or any part of such support order or support deduction order” after
“support deduction order” in the portion before clause (a).
(2) Subsection
7 (3) of the Act is repealed and the following substituted:
Deemed
withdrawal
(3) If
the Director refuses to enforce an order or any part of such order under
subsection (1), the Director shall notify the payor and the recipient and such
order or any part of such order, as the case may be, shall be deemed to be
withdrawn from the Director’s office on the date set out in the notice.
(1) Subsection 8 (2) of the Act is amended by adding the following
clause:
(a.1) the
Director is informed by the recipient, in the manner prescribed by the
regulations, that the support obligation has terminated;
(2) Section
8 of the Act is amended by adding the following section:
Recipient’s
Notice to Director
(5) For
the purposes of clause (2) (a.1), if a support order or related support
deduction order is filed in the Director’s office, the recipient shall give the
Director notice of a termination of a support obligation under such order, in
the manner and at the time prescribed by the regulations.
The Act is amended by adding the following section:
Director’s
discretion re child that has attained the age of majority
8.1.1
(1) Despite
section 5 and subject to
section 8.3, with respect to a support order or
support deduction order that is filed in the Director’s office and that
pertains to a child who has attained the age of majority, the Director has
discretion to discontinue enforcement or, in accordance with
section 8.2,
enforce a lesser amount of support if,
(
a) the
Director serves on the recipient a request to provide any information the
Director considers necessary to establish that, with respect to the child who
has attained the age of majority, the enforcement of the support obligation
should continue; and
(
b) the
recipient does not respond in writing within 20 days after being served or the
Director is of the opinion that the information provided by the recipient does
not meet the requirements in clause (a).
Reinstatement
(2) If,
after the Director exercises discretion to discontinue enforcement or enforce a
lesser amount in accordance with subsection (1), the Director receives a
written response from the recipient to the Director’s request, the Director may
resume enforcement or reinstate the amount enforced before the reduction.
Director’s
discretion may be exercised upon payor’s request
(3) The
Director may exercise his or her discretion referred to in subsection (1) upon
the written request of the payor.
Paragraph 2 of subsection 8.2 (2) of the Act is amended by adding the following
subparagraph:
iii. The
Director is informed by the recipient, in the manner prescribed by the
regulations, that the support obligation under the order has terminated with
respect to a child.
and the following substituted:
Recognition
of extra-provincial garnishments
(1) The
clerk of the Ontario Court of Justice or Family Court shall issue a notice of
garnishment to enforce the support or maintenance obligation upon the filing of
a garnishment process that,
(
a) is
issued outside Ontario and is directed to a garnishee in Ontario;
(
b) states
that it is issued in respect of support or maintenance; and
(
c) is
French.
(2) Section
50 of the Act is amended by adding the following subsections:
Exception,
support deduction document issued by another Canadian jurisdiction
(3) The
Director may serve a document on a person in Ontario for the purpose of
attaching the income or funds referred to in that document, if the following
conditions are met:
1. The
document is filed in the Director’s office by a competent authority that is
responsible for enforcement in another Canadian province or territory.
2. The
Director is of the opinion that the document is similar in nature to a notice
of support deduction order under this Act and has been issued by a competent
authority in another Canadian province or territory.
3. The
document relates to the income or funds of a payor who is required to make
payments pursuant to a support obligation that is being enforced by a competent
authority in another Canadian province or territory.
4. The
payor has or is purported to have income or funds located in Ontario.
5. Any
other conditions as may be prescribed by the regulations.
(4) The
document served under subsection (3) shall be served in the same manner as a
notice of support deduction order under this Act may be served.
(5) For
the purposes of this Act, once the document referred to in subsection (3) is
served, it has the same force and effect and may be dealt with in the same
manner as a notice of support deduction order under this Act.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 8
Fish and Wildlife Conservation Act, 1997
Section 112 of the Fish
and Wildlife Conservation Act, 1997 is amended by adding the following subsection:
Same
(2) A
regulation made under paragraph 52 of subsection (1) may, without limiting the
generality of that paragraph,
(
a) require
the holder of a licence or of an authorization given under this Act to complete
reports and submit them to the Minister or another person at such time as may
be prescribed;
(
b) establish
rules governing the content and the submission of the reports; and
(
c) require
the holder of a hunting licence who fails to submit a report at the prescribed
time to pay a penalty and prescribe the amount of the penalty.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 9
French Language Services Act
Clause (
d) of the definition of “government agency” in
section 1 of the French Language Services Act is amended by striking out “other
than a municipal home or joint home established under
Part VIII of the Long-Term Care Homes Act, 2007 ”.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 10
Justices of the Peace Act
Clause 8 (3) (
f) of the Justices of the Peace Act
is amended by striking out “a lawyer” at the beginning and substituting “a
licensee within the meaning of the Law Society Act ”.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 11
Labour Relations Act, 1995
The French version of
section 102 of the Labour Relations
Act, 1995 is amended by striking out “décision rendue” and substituting
“directive donnée”.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 12
Law Society Act
Clause 48 (1) (
b) of the Law Society Act is amended
by adding “or clause 45 (3) (
b) or (c)” after “subsection 35 (1)”.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 13
Liquor Licence and Control Act, 2019
The definition of “wine” in subsection 1 (1) of the Liquor
Licence and Control Act, 2019 is repealed and the following substituted:
“wine”,
subject to the regulations, means any beverage containing alcohol in excess of
the prescribed amount obtained by the fermentation of the natural sugar
contents of,
(
a) fruits,
including grapes and apples, or
(
b) other
agricultural products containing sugar, including honey and milk. (“vin”)
(1) Paragraph 7 of subsection 3 (1) of the Act is repealed and the
following substituted:
7. A
manufacturer’s licence to sell.
(2) Subsection
3 (4) of the Act is amended by striking out “or” at the end of clause (e), by
adding “or” at the end of clause (
f) and by adding the following clause:
(
g) a
prescribed circumstance exists in relation to the category or class of the
category of licence.
Paragraph 3 of subsection 4 (1) of the Act is amended by striking out “will be
issued” at the end and substituting “would be issued”.
Subsections 7 (12) and (13) of the Act are repealed.
Subsection 8 (2) of the Act is amended by striking out “If, for the reason
described in subsection 3 (6), the Registrar refuses to issue a licence to
operate a liquor consumption premises or a licence of a category or class
prescribed for the purposes of subsection 3 (6)” at the beginning and
substituting “If, for the reason described in subsection 3 (6), the issuance of
a licence to operate a liquor consumption premises or a licence of a category
or class prescribed for the purposes of subsection 3 (6) is refused”.
(1) Clause 13 (1) (
a) of the Act is repealed and the following
substituted:
(
a) the
licensee would not be eligible for a licence under subsection 3 (4) or 3 (6) if
the licensee were an applicant under
section 3; or
(2) Subsections
13 (2), (3) and (4) of the Act are repealed and the following substituted:
Suspension
without proposal
(2) The
Registrar may suspend a licence issued under this Act without issuing a
proposal if the Registrar considers it to be necessary in the public interest.
Notice
and immediate effect
(3) The
Registrar shall serve notice of a suspension under subsection (2) on the
licensee together with written reasons, and the suspension takes effect
immediately on the licensee being served.
Notice
requiring hearing
(4) A
notice served under subsection (3) shall inform the licensee that the person is
entitled to a hearing by the Tribunal if the person mails or delivers to the
Tribunal and the Registrar, within 15 days after the notice is served on the
person, a notice in writing requiring a hearing by the Tribunal.
Hearing
(4.1) Section
26 applies with respect to a notice served under subsection (3) in the same way
as to a notice of a proposal issued under subsection (1), with necessary
modifications.
Limit
on further applications
(4.2) If,
for the reason described in subsection 3 (6), the Tribunal directs the
Registrar to revoke a licence to operate a liquor consumption premises or a
licence of a category or class prescribed for the purposes of subsection 3 (6),
the Registrar may propose, on notice to the owner of the property at which the
premises is located, that no person may apply for a licence in respect of the
same premises within the period of time after the date of the revocation that
the Registrar specifies, up to a maximum of two years, if, in the Registrar’s
opinion, it is necessary to do so in the public interest.
Exception
(4.3) If
the Tribunal is satisfied that there has been a significant change in the
circumstances in respect of the premises since the licence was revoked, the
Tribunal may permit an application for a licence to operate a liquor
consumption premises or a licence of a category or class prescribed for the
purposes of subsection 3 (6) within the period specified by the Registrar under
subsection (4.2).
(1) Subsection 16 (2) of the Act is repealed and the following
substituted:
Requirements
(2) An
applicant is not eligible for a permit if,
(
a) the
applicant would not be eligible for a licence to operate a liquor consumption
premises for any ground described in subsection 3 (4), except as provided by
the regulations; or
(
b) the
premises in respect of which the permit would be issued is disqualified under
section 18.
(2) Clause
16 (3) (
a) of the Act is amended by striking out “eligible” and substituting
“not ineligible”.
(3) Subsection
16 (4) of the Act is repealed and the following substituted:
Issuance
of permit
(4) The
Registrar shall issue a permit to an applicant if,
(
a) the
applicant complies with this Act, the regulations and the standards and
requirements established by the Registrar under
section 24, is not ineligible
for a permit and pays the required fee; and
(
b) the
Registrar approves the application or the Tribunal directs the Registrar to
issue the permit.
Subsection 25 (1) of the Act is amended by adding the following paragraph:
7. Restrict
further applications for a licence to operate a liquor consumption premises or
a licence of a category or class prescribed for the purposes of subsection 3
(6) in respect of the same premises, as described in subsection 13 (4.2).
Protect,
Support and Recover from COVID-19 Act (Budget Measures), 2020
Subsection 1 (4) of
Schedule 26 to the Protect, Support
and Recover from COVID-19 Act (Budget Measures), 2020 is repealed.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Supporting Recovery and Competitiveness Act, 2021
receives Royal Assent.
(2) Sections
1 to 3 and 5 to 8 come into force on a day to be named by proclamation of the
Lieutenant Governor.
Schedule 14
Mining Act
(1) Subsection 1 (1) of the Mining Act
is amended by adding the following
definitions:
“licence
of occupation registry” means the licence of occupation registry described in
section 7.1; (“registre des permis d’occupation”)
“registry”
means the mining claims registry or the licence of occupation registry, as
applicable; (“registre”)
(2) Section
1 of the Act is amended by adding the following subsection:
Interpretation
of recording, record, etc.
(14) For
greater certainty and unless the contrary intention appears,
(
a) a
reference in this Act or the regulations to the recording of an entry, note,
instrument or document is a reference to the entering of the entry, note,
instrument or document in a registry;
(
b) a
reference in this Act or the regulations to a recorded right or interest is a
reference to a right or interest that has been noted in a registry; and
(
c) a
reference in this Act or the regulations to a recorded claim holder is a
reference to the holder of a mining claim registered in the mining claims
registry.
Paragraph 6 of subsection 4.1 (1) of the Act is amended by striking out “the
mining claims registry described in
section 7” and substituting “a registry”.
Section 7 of the Act is repealed and the following substituted:
Mining
claims registry
(1) The
Provincial Recording Office shall maintain the mining claims registry, which
shall include,
(
a) records
of all mining claims;
(
b) maps
showing the locations of all mining claims;
(
c) information
about each claim holder as may be prescribed; and
(
d) for
each mining claim,
(
i) an
abstract in which all transfers, assessment work reports, exploration plans,
exploration permits, orders, agreements, instruments, notes and other entries
relating to the mining claim are recorded,
(ii) any
assessment work reports, exploration plans and exploration permits relating to
the mining claim, and
(iii) any
orders, agreements, instruments or other documents relating to the mining claim
that are in an electronic format.
Exception,
Minister’s direction
(2) Despite
subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct
that certain instruments or documents referred to in that subclause, or certain
classes of such instruments or documents, not be included in the mining claim
registry.
Licence
of occupation registry
7.1
(1) The
Provincial Recording Office shall maintain the licence of occupation registry,
which shall include,
(
a) records
of all licences of occupation;
(
b) maps
showing the locations of all lands to which a licence of occupation applies;
(
c) information
about each licence holder as may be prescribed; and
(
d) for
each licence of occupation,
(
i) an
abstract in which all transfers, assessment work reports, exploration plans,
exploration permits, orders, agreements, instruments, notes and other entries
relating to the licence are recorded,
(ii) any
assessment work reports, exploration plans and exploration permits relating to
the licence, and
(iii) any
orders, agreements, instruments or other documents relating to the licence that
are in an electronic format.
Exception,
Minister’s direction
(2) Despite
subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct
that certain instruments or documents referred to in that subclause, or certain
classes of such instruments or documents, not be included in the licence of occupation
registry.
Registries,
general
7.2
(1) The
Provincial Recording Office shall maintain the registries,
(
a) in
an electronic format, subject to subsections (2) and (3); and
(
b) in
accordance with the requirements established under the Archives
and Recordkeeping Act, 2006 .
Non-electronic
formats
(2) The
Minister may direct that certain instruments or documents relating to a mining
claim or licence of occupation that are received in a format other than an
electronic format be maintained as part of the applicable registry in the
format in which they are received or in such other format as the Minister
directs.
Legacy
claims, licences of occupation
(3) The
Provincial Recording Office shall maintain all records, maps, documents or
information required under
section 7 or 7.1 with respect to legacy claims or to
licences of occupation in an electronic format as part of the applicable
registry, but they may also be maintained, together with other historical
information, in other formats as the Minister directs.
Public
availability
(4) The
records, maps, documents and information required under
section 7 or 7.1 shall
be made available to the public,
(
a) through
the mining lands administration system on a website of the Government of
Ontario approved for this purpose or through such other means as may be
determined with respect to
section 7, 7.1 or both in accordance with the
regulations; and
(
b) at
the Provincial Recording Office during normal business hours or at such other
locations and times as the Minister directs.
Exception
(5) Despite
subsection (4), the instruments and documents referred to in subsection
(2) that are maintained as part of a registry shall be made available to the public
in the prescribed manner and place, subject to any prescribed conditions.
Personal
information
(6) Any
personal information maintained as part of a registry is maintained for the
purpose of creating a record that is available to the general public, as
described in
section 37 of the Freedom of Information and
Protection of Privacy Act .
Subsections 8 (1) and (2) of the Act are repealed and the following
substituted:
Deletion,
correction and amendment to registry
(1) A
recorder may,
(
a) delete,
correct or amend an entry in a registry in accordance with the regulations;
(
b) delete,
correct or amend an entry in a registry because it does not comply with this
Act or the regulations; and
(
c) make
entries in a registry with respect to documents received in other than
electronic format and delete, correct and amend entries in a registry to
reflect such documents.
Notice
of deletion, etc.
(2) A
recorder shall notify any affected person in the prescribed manner, if the
recorder deletes, corrects, amends or makes an entry in a registry in
accordance with subsection (1).
Section 41 of the Act is amended by adding the following subsection:
Recording
of termination, reinstatement
(4.0.1) The
termination or reinstatement of a licence of occupation under this
section
shall be recorded in the licence of occupation registry.
Section 41.1 of the Act is amended by adding the following subsection:
Recording
of revocation
(5) The
revocation of a licence of occupation under subsection (1) shall be recorded in
the licence of occupation registry.
(1) Subsection 52 (3) of the Act is amended by adding “or (5)” after
“subsection (4)”.
(2) Section
52 of the Act is amended by adding the following subsection:
Same,
prescribed circumstances, requirements
(5) Subsection
(3) does not apply if the sale or disposition is permitted by and conducted in
accordance with the regulations.
(1) Subsection 57 (1) of the Act is amended by adding “or licence of
occupation” after “unpatented mining claim”.
(2) Subsection
57 (2) of the Act is amended by,
(
a) striking
out “the mining claim” and substituting “a mining claim or licence of
occupation”; and
(
b) adding
“or licence” after “the claim”.
(3) Subsection
57 (3) of the Act is amended by striking out “the mining claim” and
substituting “a mining claim or licence of occupation”.
(1) Subsection 60 (1) of the Act is repealed and the following
substituted:
Recording
instruments
(1) Except
as otherwise expressly provided in this Act, no transfer or assignment of a
mining claim or licence of occupation, and no agreement or other instrument affecting
a mining claim, licence of occupation or any recorded right or interest
acquired under this Act, shall be recorded in the applicable registry unless it
satisfies the directives made by the Minister under subsection 4.1 (2) relating
to the use of the mining lands administration system.
(2) Subsection
60 (1.1) of the Act is amended by adding “or licence of occupation” after “a
mining claim”.
Sections 61 and 62 of the Act are repealed and the following substituted:
Priority
After
a mining claim, licence of occupation or other right or interest acquired under
this Act has been recorded in a registry, every instrument other than a will
affecting the claim or licence, as the case may be, or an interest therein is
void as against a subsequent purchaser or transferee for valuable consideration
without actual notice, unless the instrument is recorded in the registry before
the recording of the instrument under which the subsequent purchaser or
transferee claims.
Recording
constitutes notice
The
recording under this Act of an instrument relating to a mining claim or licence
of occupation constitutes notice of the instrument to all persons claiming an
interest in the claim or licence after the instrument is recorded, even if
there is a defect in the requirements for recording.
Section 64 of the Act is amended by adding the following subsection:
Application
to licences of occupation
(14) Subsections
(2.1), (2.2), (2.3), (3), (4.1) (4.2) and (6) to (13) apply with necessary
modifications with respect to licences of occupation.
(1) The French version of subsection 66 (1) of the Act is amended by
striking out “la répartition entre les claims des crédits de travail
d’évaluation” and substituting “l’allocation des crédits de travail d’évaluation
aux claims”.
(2) The
French version of clause 66 (4) (
b) of the Act is repealed and the following
substituted:
b) fixe le
montant des crédits de travail d’évaluation à accorder aux travaux faisant
l’objet du rapport ainsi que l’allocation de ces crédits aux claims.
The French version of subsection 129 (1) of the Act is amended by striking out
“à la face même” and substituting “au recto”.
(1) Subsection 176 (1) of the Act is amended by adding the following
paragraph:
1.2.1 governing
the licence of occupation registry;
(2) Paragraph
2.0.1 of subsection 176 (1) of the Act is amended by striking out “the mining
claims registry” at the end and substituting “a registry”.
(3) Subsection
176 (1) of the Act is amended by adding the following paragraph:
7.1 for
the purposes of subsection 52 (5), permitting and governing the sale or
disposition of the end product of the mining, milling and refining permitted
under subsection 52 (1);
(4) The
French version of paragraph 10 of subsection 176 (1) of the Act is amended by
striking out “de répartition des crédits entre les claims” at the end and
substituting “d’allocation des crédits aux claims”.
The French version of subsection 179 (1) of the Act is amended by striking out
“à la demande de la Couronne par voie d’instance” and substituting “par voie d’instance
introduite par la Couronne”.
Subsection 185 (2) of the Act is repealed and the following substituted:
Recording
of order
(2) If
an order under subsection (1) concerns an unpatented mining claim or a licence
of occupation, the order shall be noted on the abstract for the claim or
licence and recorded in the applicable registry.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Supporting Recovery and Competitiveness Act, 2021
receives Royal Assent.
(2) Sections
1 to 11, subsections 14 (1) to (3) and
section 16 come into force on a day to
be named by proclamation of the Lieutenant Governor.
Schedule 15
Modernizing Ontario for People and Businesses Act, 2020
(1) The definition of “administrative cost” in subsection 1 (1) of
the Modernizing Ontario for People and Businesses Act,
2020 is repealed.
(2) Subsection
1 (1) of the Act is amended by adding the following
definitions:
“broader
public sector organization” has the same meaning as in the Broader Public Sector Accountability Act, 2010 , and
includes municipalities and long-term care homes; (“organisme du secteur
parapublic”)
“direct
compliance cost” means a direct cost of complying with a draft bill,
regulation, policy or form, and includes administrative costs, fees, upfront
capital costs, upfront operating costs and ongoing operating costs; (“frais
directs de conformité”)
(3) The
definition of “regulated entity” in subsection 1 (1) of the Act is repealed and
the following substituted:
“ regulated
entity ”,
subject to the regulations, includes every business, trade, occupation,
profession, service, venture and broader public sector organization , whether or
not carried on with a view to profit . (“entité réglementée”)
The heading before
section 2 of the Act is repealed and the following
substituted:
Control
of Direct Compliance Costs
Subsection 2 (1) of the Act is amended by striking out “administrative costs”
and substituting “direct compliance costs”.
Clause 3 (
a) of the Act is amended by striking out “administrative costs” and
substituting “direct compliance costs”.
(1) Paragraph 1 of subsection 4 (1) of the Act is repealed and the
following substituted:
1. Recognized
national and international standards should be adopted.
(2) Paragraph
3 of subsection 4 (1) of the Act is amended by striking out “stakeholders” and
substituting “regulated entities”.
(3) Paragraph
5 of subsection 4 (1) of the Act is amended by striking out “stakeholders” and
substituting “regulated entities”.
(1) Clause 10 (2) (
c) of the Act is amended by striking out “administrative
cost” and substituting “direct compliance cost”.
(2) Clause
10 (2) (
e) of the Act is amended by striking out “administrative costs” and
substituting “direct compliance costs”.
(3) Clause
10 (2) (
f) of the Act is amended by striking out “administrative costs” and
substituting “direct compliance costs”.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Schedule 16
Northern Ontario School of Medicine University Act, 2021
Definitions
this Act,
“board”
means the board of governors of the University; (“conseil”)
“Minister”
means the Minister of Colleges and Universities or such other member of the
Executive Council to whom responsibility for the administration of this Act may
be assigned or transferred under the Executive Council Act ;
(“ministre”)
“property”
includes real and personal property; (“biens”)
“senate”
means the senate of the University; (“sénat”)
“University”
means the Northern Ontario School of Medicine University continued under
section 2. (“Université”)
Northern
Ontario School of Medicine continued
(1) Northern Ontario School of
Medicine is continued as a corporation without share capital under the name Northern
médecine du Nord de l’Ontario in French, and shall consist of the members of
its board.
Conflict
with Corporations Act
(2) In
the event of a conflict between a provision of this Act or a regulation made
under it and a provision of the Corporations Act ,
this Act or the regulation made under it prevails.
Objects
The University
has such objects and special missions as may be prescribed by regulation.
Powers
The University
has all the powers necessary and incidental to its objects, including the power
to grant the degrees prescribed by regulation and any other degrees the University
may be authorized to grant under the Post-secondary
Education Choice and Excellence Act, 2000 .
Affiliates
(1) The
University may affiliate or federate with other universities, colleges,
research institutions and institutions of learning on such terms and for such
periods of time as the board may determine.
The
Laurentian University of Sudbury Act, 1960
(2) Section
27 of The Laurentian University of Sudbury Act, 1960
does not apply to the University.
Board
of governors
(1) There
shall be a board of governors of the University, composed of not less than 15
and not more than 30 members, as follows:
1. The
president of the University, who shall be a member by virtue of office.
2. The
chancellor of the University, if one is appointed, who shall be a member by
virtue of office.
3. Five
persons appointed by the Lieutenant Governor in Council who shall not be
students, members of the teaching staff or non-teaching employees of the
University.
4. One
person elected by the teaching staff from among themselves.
5. One
person elected by the students of the University from among themselves.
6. One
person elected by the non-teaching employees of the University from among
themselves.
7. Such
other persons as may be set out in the by-laws of the board who shall be
appointed by the board, and who shall not be students, members of the teaching
staff or non-teaching employees of the University.
Composition
and procedures
(2) The
board shall comply with any further requirements prescribed by regulation with
respect to its composition and procedures.
Powers
and duties
(3) The
board is responsible for governing and managing the affairs of the University
and has the powers and duties prescribed by regulation.
Senate
(1) There
shall be a senate of the University, composed of the following members:
1. The
following persons who are members by virtue of their office:
i. The
president and dean of the University.
ii. The
chancellor of the University, if one is appointed.
iii. The
vice-president and provost of the University, if one is appointed.
iv. The
registrar of the University.
v. The
associate dean of each academic portfolio.
vi. The
senior associate dean.
vii. The
head of each academic division of the University, or the person designated by
the head from within the teaching staff of each division.
viii. The
assistant dean of admissions.
ix. The
assistant dean of graduate studies.
x. The
assistant dean of research.
xi. The
director of research and health sciences library.
xii. The
chair of each standing committee of the senate, or the person designated by the
chair from within each standing committee.
2. Such
number of persons, not exceeding eight, elected by the students of the
University from among themselves, as set out in senate by-laws.
3. Such
number of persons elected by the teaching staff from among themselves, as set
out in senate by-laws, which number shall be at least twice the total number of
all other members of the senate.
4. Two
persons appointed by the senate who,
i. are
members of the teaching staff of a university in Ontario, but not members of
the teaching staff of the University, and
ii. are
not engaged in the teaching of medicine or health sciences.
5. Such
other persons as may be determined by senate by-law.
Composition
and procedures
(2) The
senate shall comply with any further requirements prescribed by regulation with
respect to its composition and procedures.
Powers
and duties
(3) The
senate is responsible for determining and regulating the educational policy of
the University and has the powers and duties prescribed by regulation.
Meetings
(1) Subject
to subsection (2), meetings of the board and of the senate shall be open to the
public and prior notice of such meetings shall be given to the members and to
the public in the manner provided in the by-laws of the board or senate.
Closed
meeting
(2) The
board or the senate, as the case may be, may meet in the absence of the public
to discuss a matter of a personal nature concerning an individual or to discuss
a confidential matter as determined in accordance with the by-laws of the board
or senate.
By-laws
(3) The
board and the senate shall publish their by-laws on the website of the
University.
Chancellor
chancellor of the University may be appointed, if the regulations provide for
the appointment of a chancellor.
President
(1) There
shall be a president of the University appointed by the board in such manner
and for such term as the board shall determine.
Powers
and duties
(2) The
president is the chief executive officer of the University and has supervision
over and direction of the academic and general administration of the
University, its students, managers, teaching staff and non-teaching employees
and such other powers and duties as may be conferred upon or assigned to him or
her by the board.
Dean
(3) The
president of the University is also the dean of the University.
Property
(1) The
University may purchase or otherwise acquire, take by gift, devise or bequest
and hold such property as the board considers necessary for the objects of the
University, and may mortgage, sell or otherwise dispose of the same as the
board, in its absolute discretion, considers appropriate.
Protection
from expropriation
(2) Land
vested in the University is not liable to be entered upon, used or taken by any
person or corporation, and no power to expropriate land conferred after this
subsection comes into force shall extend to such land unless the statute
conferring the power expressly provides otherwise.
Use
of property
(3) The
property and the revenue of the University shall be applied solely to achieving
the objects of the University.
Investments
(4) The
funds of the University not immediately required for its purposes and the
proceeds of all property that come into the hands of the board, subject to any
trusts or conditions affecting them, may be invested and reinvested in such
investments as the board, in its absolute discretion, considers appropriate
and, except where a trust instrument otherwise directs, such funds may be
combined with trust money belonging to various trusts in the care of the board
into a common trust fund.
Borrowing
The
University, if authorized by the by-laws of the board, may, on such terms and
in such amounts as the board may approve,
(
a) borrow
money and give security for money borrowed; and
(
b) issue
or give bonds, debentures and obligations as security.
Audits
and reports
(1) The
board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust
funds and transactions of the University at least once a year.
Financial
report
(2) The
University shall make a financial report annually to the Minister in such form
and containing such information as the Minister may require.
Other
reports
(3) The
University shall submit to the Minister such other reports as the Minister may
require in such form and containing such information as the Minister may
require.
Contracts
with Laurentian University of Sudbury, Lakehead University, etc.
14 Any contract described as follows that was in
effect on the day this
section comes into force is subject to the regulations
and to any amendments to the contract that may be prescribed by regulation:
1. A
contract between the University and Laurentian University of Sudbury.
2. A
contract between the University and Lakehead University.
3. A
contract between the University and an entity related to Laurentian University
of Sudbury or Lakehead University.
4. A
contract between the University and any combination of the other parties
referred to in paragraph 1, 2 or 3.
cause of action re enactment of Act, etc.
(1) No
cause of action arises against the Crown or any of the Crown’s current or
former ministers, agents, appointees and employees, or against the University
or any current or former members of the board or senate or current or former
officers or employees of the University,
(
a) as
a direct or indirect result of the enactment, amendment or repeal of any
provision of this Act; or
(
b) as
a direct or indirect result of the making, amending or revoking of any
provision of a regulation under this Act.
Proceedings
barred
(2) No
proceeding, including but not limited to any proceeding in contract,
restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary
obligation or otherwise, that is directly or indirectly based on or related to
anything referred to in subsection (1) may be brought or maintained against a
person referred to in that subsection.
Application
(3) Without
limiting the generality of subsection (2), that subsection applies to a
proceeding, including any court, arbitral or administrative proceeding,
claiming any remedy or relief, including specific performance, injunction,
declaratory relief or any form of damages or any other remedy or relief, or a
claim to be compensated for any losses, including loss of earnings, loss of
revenue or loss of profit.
Judicial
review
(4) This
section does not apply to prevent an application for judicial review.
Not
entitled to be compensated
Despite
any other Act or law, no person is entitled to be compensated for any loss or
damages, including loss of revenues, loss of profit or loss of expected
earnings or denial or reduction of compensation that would otherwise have been
payable to any person, arising from anything referred to in subsection 15 (1).
Transition,
board
(1) Despite
anything in this Act, but subject to subsection (2), the persons who were
members of the board of directors or members of the Academic Council of the
Northern Ontario School of Medicine on the day immediately before the day
section 2 of this Act came into force shall, on and after that day, constitute
the board and the senate, respectively, of the University.
Same
(2) The
board and senate constituted under subsection (1) shall not include any person
who was a member of the board of directors or a member of the Academic Council
of the Northern Ontario School of Medicine by virtue of an office that the
person held at Laurentian University of Sudbury or Lakehead University.
Same
(3) The
board and the senate of the University shall, no later 12 months after the day
section 2 of this Act comes into force, appoint or elect such new members of
the board and senate as are necessary in order to ensure that the board and
senate are constituted in accordance with the requirements of this Act.
Regulations
(1) The
Lieutenant Governor in Council may make regulations governing anything
necessary or advisable for the effective administration and implementation of
this Act, including regulations,
(
a) prescribing
the objects and special missions of the University;
(
b) prescribing
the degrees that the University may grant;
(
c) governing
the board of governors, including regulations,
(
i) prescribing
the powers and duties of the board,
(ii) governing
the composition of the board, terms of office for board members, the filling of
vacancies on the board, quorum requirements and conflicts of interest for board
members,
(iii) authorizing
the board to make by-laws regulating its proceedings and generally for the
conduct and management of its activities, including in respect of matters
referred to in subclause (ii);
(
d) governing
the senate, including regulations,
(
i) prescribing
the powers and duties of the senate,
(ii) governing
the composition of the senate, terms of office for senate members, the filling
of vacancies on the senate and quorum requirements,
(iii) authorizing
the senate to make by-laws regulating its proceedings and generally for the
conduct and management of its activities, including in respect of matters
referred to in subclause (ii);
(
e) governing
the appointment of a chancellor of the University and prescribing the duties of
the chancellor;
(
f) governing
contracts described in
section 14, including specifying amendments to any such
contract;
(
g) defining
any term or phrase used in this Act that is not defined in this Act;
(
h) respecting
any transitional matter the Lieutenant Governor in Council considers necessary
or advisable in connection with the continuation of the University by this Act or
with the administration or implementation of this Act, including regulations,
(
i) governing
the composition of the first board of the University and the first senate of
the University,
(ii) governing the first by-laws,
policies and other instruments of the University,
(iii) governing
the recognition of credits and marks awarded to students of the University, and
the rights and privileges of those students,
(iv) governing
the legal effect of the continuance of the University, including matters
concerning the vesting of property and the assumption of obligations,
liabilities, and the benefits and burdens of contracts, collective agreements
and covenants.
Application
to existing property, etc.
(2) If
it so provides, a regulation made under subclause (1) (h) (iv) applies in
respect of property, obligations, contracts, collective agreements and
covenants that existed before the regulation comes into force.
Conflict
(3) In
the event of a conflict between a regulation made under clause (1) (
h) and this
Act, the regulation prevails.
Amendment
to this Act
Subsection 2 (2) of this Act is amended by striking out “ Corporations
Act ” and substituting “ Not-for-Profit Corporations
Act, 2010 ”.
Commencement
(1) Subject to subsection (2), the Act set out in this
Schedule
comes into force on a day to be named by proclamation of the Lieutenant
Governor.
(2) Section
19 comes into force on the later of the day subsection 2 (2) of this
Schedule
comes into force and the day subsection 4 (1) of the Not-for-Profit
Corporations Act, 2010 comes into force.
Short
title
The
short title of the Act set out in this
Schedule is the Northern Ontario School of Medicine University Act, 2021 .
Schedule 17
Not-for-Profit Corporations Act, 2010
Subsection 103 (1) of the Not-for-Profit Corporations Act,
2010 is amended by striking out “A special resolution of the members or,
section 105 applies, of each applicable class or group of members, is
required” at the beginning and substituting “A special resolution of the
members is required”.
(1) Subsection 111 (1) of the Act is amended by striking out “and,
subject to subsection (4), to the members of each class or group of members” at
the end.
(2) Subsection
111 (5) of the Act is amended by striking out “Subject to subsection (4)” at
the beginning.
Subsection 115 (5) of the Act, as re-enacted by subsection 28 (1) of
Schedule 8
to the Cutting Unnecessary Red Tape Act, 2017 , is
repealed.
Subsection 116 (1) of the Act is amended by striking out “in accordance with
subsections (2) to (4)” and substituting “in accordance with subsections (2)
and (4)”.
Subsection 117 (5) of the Act is amended by striking out “This Act, except
subsection (2) of this section” at the beginning and substituting “This Act”.
(1) Subsection 118 (1) of the Act is amended by striking out “in
accordance with subsections (2) to (6)” at the end and substituting “in
accordance with subsections (2), (3) and (6)”.
(2) Subsection
118 (6) of the Act is amended by striking out “of each class or group entitled
to vote on it”.
(1) Subsection 120 (3) of the Act is amended by striking out “and by
each applicable class or group of members entitled to vote separately on the
arrangement, in each case”.
(2) Subsection
120 (4) of the Act is amended by striking out “if authorized by special
resolution of the members, or of each applicable class or group of members, may
apply to the court” and substituting “if authorized by special resolution of
the members, may apply to the court”.
(1) The Act is amended by adding the following Parts:
Part
XVI
Special Rules During Temporary Suspension Period
Application
of
Schedule
(1) The sections of
Schedule 1 to this Act apply
during the temporary suspension period, as described in subsection (2) for each
section.
Temporary suspension period
(2) The
temporary suspension period, as referred to in each
section of
Schedule 1 to
this Act, is the period that begins on the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force
and ends on December 31, 2021 and, if the regulations so provide for the
section, a further prescribed period of time immediately following December 31,
Regulations
(1) The Lieutenant Governor in Council may make
regulations prescribing further periods of time for the purposes of subsection 211
(2).
Same
(2) A
regulation under subsection (1) may prescribe a different period of time for
different sections of
Schedule 1 to this Act and may provide for one or more
extensions of a previously prescribed period.
Part XVII
Temporary Suspension Period — Transition
Minister’s regulations re transitional matters
(1) The
Minister may make regulations providing for such transitional matters as the
Minister considers necessary or advisable in connection with the application of
Schedule 1 to this Act.
Retroactive
(2) A
regulation under subsection (1) may be retroactive to a date no earlier than
the day subsection 4 (1) of the Not-for-Profit
Corporations Act, 2010 comes into force.
(2) Part
XVI of the Act, as enacted by subsection (1), is repealed.
(3) Part
XVII of the Act, as enacted by subsection (1), is repealed.
(1) The Act is amended by adding the following Schedule:
SCHEDULE 1
Special Rules During Temporary Suspension Period
Meeting
by Electronic Means, Directors’ Meetings
The operation of subsection 34 (6) of the Act is temporarily suspended and the
following replacement provision is in effect during the temporary suspension
period only:
Meeting
by electronic means
(6) Despite
any provision in the articles or by-laws of a corporation that provides
otherwise, a meeting of directors or of a committee of directors may be held by
such telephonic or electronic means as permit all persons participating in the
meeting to communicate with each other simultaneously and instantaneously, and
a director participating in the meeting by those means is deemed for the
purposes of this Act to be present at the meeting.
Meeting
by Electronic Means, Members’ Meetings
(1) The operation of subsection 53 (4) of the Act is temporarily
suspended and the following replacement provision is in effect during the
temporary suspension period only:
Meeting
by electronic means
(4) Despite
any provision in the articles or by-laws of a corporation that provides
otherwise, a meeting of the members of a corporation may be held by telephonic
or electronic means and a member who, through those means, votes at the meeting
or establishes a communications link to the meeting is deemed for the purposes
of this Act to be present at the meeting.
(2) The
operation of subsection 53 (5) of the Act is temporarily suspended.
Voting,
Members’ Meetings
The operation of subsections 58 (1) and (2) of the Act are temporarily
suspended and the following replacement provisions are in effect during the
temporary suspension period only:
Voting
(1) Subject
to subsection (3) and the articles or by-laws, voting at a meeting of members
shall be by show of hands unless a ballot is demanded by a member or
proxyholder entitled to vote at the meeting.
Ballot
(2) Subject
to subsection (3), a member or proxyholder may demand a ballot either before or
after any vote.
Voting
by alternate means
(3) Despite
any provision of this Act and the regulations, where a meeting of members is
held by telephonic or electronic means in accordance with subsection 53 (4),
the chair shall conduct the vote by a show of hands or by a ballot in
accordance with subsections (1) and (2), if feasible, otherwise the chair may
direct voting by alternate means.
(1) The operation of subsection 67 (1) of the Act is temporarily
suspended and the following replacement provision is in effect during the
temporary suspension period only:
Voting
by mail or by telephonic or electronic means
(1) Whether or
not the articles or by-laws so provide, voting by mail or by telephonic or electronic
means, in addition to or instead of voting by proxy, is permitted.
(2) The
operation of subsection 67 (2) of the Act is temporarily suspended.
(2) Schedule 1 to the Act, as
enacted by subsection (1), is repealed.
Commencement
(1) Subject to subsections (2) to (4), this
Schedule comes into
force on the later of the day subsection 4 (1) of the Not-for-Profit
Corporations Act, 2010 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives
Royal Assent.
(2) Section
3 comes into force on the day the Supporting Recovery and
Competitiveness Act, 2021 receives Royal Assent.
(3) Section
5 comes into force on the later of the day subsection 30 (2) of
Schedule 8 to
the Cutting Unnecessary Red Tape Act, 2017 comes
into force and the day the Supporting Recovery and
Competitiveness Act, 2021 receives Royal Assent.
(4) Subsections
8 (2) and (3) and 9 (2) come into force on a day to be named by proclamation of
the Lieutenant Governor.
Schedule 18
ONTARIO DRUG BENEFIT ACT
Section 1.4 of the Ontario Drug Benefit Act is repealed.
Section 1.5 of the Act is repealed.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Schedule 19
Ontario Energy Board Act, 1998
Paragraph 1 of subsection 70 (2.1) of the Ontario Energy
Board Act, 1998 is repealed.
Paragraph 2 of subsection 96 (2) of the Act is repealed.
Commencement
This
Schedule comes into force on the day the Supporting
Recovery and Competitiveness Act, 2021 receives Royal Assent.
Schedule 20
Ontario Immigration Act, 2015
Clause 14 (1) (
b) of the Ontario Immigration Act, 2015
is repealed and the following substituted:
(
b) a
person licensed and in good standing as an immigration and citizenship
consultant under the College of Immigration and
Citizenship Consultants Act (Canada) or a successor Act to it;
Section 15 of the Act is amended by striking out “A person who acts as a
recruiter or a representative” at the beginning and substituting “An applicant
and a person who acts as a recruiter or a representative”.
Subsection 19 (1) of the Act is amended by striking out “two” and substituting
“five”.
Subsection 23 (2) of the Act is amended by adding the following paragraphs:
2.1 An
employer who has applied for an approval.
. . . .
4. A
person who is an applicant in a category for entrepreneurs or who has been
granted an approval in such a category.
Subsection 34 (2) of the Act is repealed and the following substituted:
Process
for request
(2) To
exercise a right under this Act to request an internal review of a decision or
an order, the person or body who has the right to make the request shall give
written notice of the request to the director within 30 days after receiving
notice of the decision or order, as the case may be.
Clause 37 (1) (
h) of the Act is repealed and the following substituted:
(
h) delegating
to the Minister the power to make regulations respecting any matter that may be
the subject of a regulation under subclause (e) (ii);
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Supporting Recovery and Competitiveness Act, 2021
receives Royal Assent.
(2) Section
1 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
Schedule 21
Ontario Works Act, 1997
(1) The
definitions of “community participation”, “employment
assistance” and “employment measures” in
section 2 of the Ontario
Works Act, 1997 are repealed.
(2) The
definition of “assistance” in
section 2 of the Act is repealed and the
following substituted:
“assistance”
means employment and life stabilization assistance and basic financial
assistance; (“aide”)
(3) Section
2 of the Act is amended by adding the following
definitions:
“delivery
partner” for a geographic area means the delivery partner designated by the
Minister to carry out prescribed powers and duties relating to the
administration of this Act and the provision of assistance in that area; (“partenaire
en prestation de services”)
“employment
and life stabilization assistance” means assistance under
section 4; (“aide à
l’emploi et à la stabilisation de la vie”)
Section 4 of the Act is repealed and the following substituted:
Employment
and life stabilization assistance
Employment
and life stabilization assistance is the prescribed assistance to help a person
to become and stay employed.
Clauses (
a) to (
c) of subsection 7 (4) of the Act are repealed and the
following substituted:
(
a) participate
in any prescribed employment and life stabilization assistance activities; and
Subsection 19 (2.1) of the Act is repealed and the following substituted:
Overpayment
as debt
(2.1) An
overpayment by a delivery agent under this Act is a debt due to the delivery
agent and may also be declared in writing by the Director to be a debt due to
the Crown in right of Ontario.
Debt
due to Ministry as delivery agent
(2.2) For
greater certainty, a debt due to the Ministry as a delivery agent is a debt due
to the Crown in right of Ontario.
Section 22.1 of the Act is amended by striking
out the portion before clause (
a) and substituting the following:
Method
of recovery, debt due to the Crown
22.1 The Crown in right of
Ontario may recover an overpayment that is a debt due to the Crown or that has
been deemed or declared to be a debt due to the Crown by any remedy or
procedure that is available to the Crown by law if the administrator has given
a recipient a notice in writing under
section 21 and,
. . . .
Subsection 38 (1) of the Act is repealed and the following substituted:
Delivery
agents designated
(1) The
Minister may by regulation designate the Ministry or a municipality, band or
board as a delivery agent for each geographic area to exercise the powers and
duties of a delivery agent in that geographic area.
Section 43 of the Act is repealed and the following substituted:
Administrator
appointed, delivery agents other than the Ministry
(1) With
respect to geographic areas in which the Ministry is not the delivery agent,
each delivery agent shall, with the approval of the Director, appoint an
administrator to oversee the administration of this Act and the provision of
assistance in the delivery agent’s geographic area.
Administrator appointed, Ministry as delivery
agent
(2) With
respect to geographic areas in which the Ministry is the delivery agent, the
Minister shall appoint an employee of the Ministry as administrator to oversee
the administration of this Act and the provision of assistance in the delivery
agent’s geographic area.
Section 50 of the Act is repealed and the following substituted:
Delivery
partners designated
(1) With
respect to a geographic area in which the Ministry is the delivery agent, the
Minister may by regulation, designate a municipality or district social
services administration board as a delivery partner to exercise the powers and
duties prescribed by the Minister to the delivery partner.
More
than one geographic area
(2) For
greater certainty, the same delivery partner may be designated in more than one
geographic area and more than one delivery partner may be designated in any
geographic area.
Terms
and conditions
(3) The
subsection (1).
Revoke
designation
(4) The
Minister may revoke a designation under this section.
Powers and duties of delivery partner
50.1
(1) A
delivery partner is responsible for the powers and duties relating to the administration
of this Act and the provision of assistance that have been prescribed by the
Minister to the delivery partner in the delivery partner’s geographic area.
Standard
of delivery partner
(2) A
delivery partner shall meet the standards prescribed by the Minister in its
performance of its powers and duties and follow the procedures and practices
prescribed by the Minister.
Decision
made by delivery partner
(3) A
decision made by a delivery partner respecting a power or duty that is
prescribed by the Minister shall be deemed to be a decision of the
administrator.
Costs
50.2 A delivery partner
shall pay the costs assigned to it by the regulations.
(1) Subsection 52 (1) of the Act is amended by striking out the portion
before clause (
a) and substituting:
Payments
to delivery agents
(1) With
respect to geographic areas in which the Ministry is not the delivery agent,
the Minister shall pay to every delivery agent,
. . . .
(2) Section
52 of the Act is amended by adding the following subsection:
Payments
to delivery partner
(1.1) With
respect to geographic areas in which the Ministry is the delivery agent, the
Minister shall pay to every delivery partner,
(
a) an
amount determined in accordance with the regulations for Ontario’s share of the
delivery partner’s costs incurred under this Act; and
(
b) if
there is a territory without municipal organization in the delivery partner’s
geographic area, the amount determined in accordance with the regulations for
that territory’s share of the delivery partner’s costs incurred under this Act.
Section 53 of the Act is amended by adding the following subsection:
Same,
delivery partners
(1.1) If
a geographic area includes more than one municipality, the municipalities’
share of a delivery partner’s costs incurred under this Act shall be
apportioned among the prescribed municipalities in accordance with the
regulations.
(1) Section 54 of the Act is amended by adding the following
subsection:
Same,
delivery partner
(1.1) Each
municipality shall pay the amounts required to be provided by it for its share
of a delivery partner’s costs under this Act to the delivery partner for its
geographic area, on demand.
(2) Subsection
54 (4) of the Act is amended by striking out “The delivery agent or Ontario” at
the beginning and substituting “The delivery agent, delivery partner or
Ontario”.
Section 55 of the Act is amended by adding “delivery partners,” after “delivery
agents”.
(1) Subsection 56 (1) of the Act is amended by striking out
“delivery agent” and substituting “delivery partner or delivery agent other
than the Ministry”.
(2) Subsection
56 (4) of the Act is repealed and the following substituted:
Interest
and penalty
(4) The
Minister may charge a delivery partner or delivery agent other than the Ministry
the prescribed interest and penalty if the delivery partner or delivery agent
other than the Ministry does not pay to Ontario an amount required to be paid
under this Act.
(1) Subsection 71 (7) of the Act is amended by adding “or delivery
partner” after “a delivery agent”.
(2) Section
71 of the Act is amended by adding the following subsection:
Delivery
partner bound
(9.1) A
government or body referred to in subsection (1) unless the delivery partner
also has a similar agreement with that body.
(3) Subsection
71 (12) of the Act is amended by adding “and delivery partner” after “and each
delivery agent”.
(1) Subsection 72 (1) of the Act is amended by adding “or delivery
partner” after “delivery agent”.
(2) Subsection
72 (2) of the Act is amended by striking out the portion before clause (
a) and
substituting the following:
Disclosure
of information
(2) A
delivery agent or delivery partner may disclose personal information collected
for the purpose of administering or enforcing this Act to any government or
body with whom the delivery agent or delivery partner, as the case may be, has
made an agreement referred to in subsection (1) if,
. . . .
(3) Subsection
72 (5) of the Act is repealed and the following substituted:
Collection
of personal information
(5) A
delivery agent or delivery partner may collect personal information from a
government or body with whom the delivery agent or delivery partner, as the
case may be, has made an agreement under this
section in accordance with that
agreement.
Section 73 of the Act is amended by adding “and delivery partner” after “and
each delivery agent”.
Section 73.1 of the Act is repealed.
(1) Paragraphs 4 and 5 of subsection 74 (1) of the Act are repealed
and the following substituted:
4. respecting
employment and life stabilization assistance and the standards delivery agents
must meet in providing employment and life stabilization assistance;
(2) Subparagraph
9 (
v) of subsection 74 (1) of the Act is repealed and the following
substituted:
(
v) the
obligation to satisfy participation requirements related to employment and life
stabilization assistance,
(3) Subsection
74 (1) of the Act is amended by adding the following paragraph:
34.1 prescribing
and assigning costs to a delivery partner;
(4) Paragraphs
37 to 39 of subsection 74 (1) of the Act are repealed and the following
substituted:
37. respecting
the determination of the amounts Ontario shall pay to delivery agents and
delivery partners and that delivery agents and delivery partners shall pay to
Ontario and the methods of determining those amounts, providing for the manner
in which and the intervals at which payments shall be made, for the suspension
or withholding of amounts payable by Ontario or part of them and for making
deductions from them;
38. respecting
the apportionment among municipalities in a geographic area of their share of
the delivery agent’s costs and the delivery partner’s costs incurred under this
Act and, for the purpose, prescribing the municipalities that must share in
that apportionment and the manner in which that share shall be recovered;
39. providing
for the recovery by Ontario from a delivery agent and delivery partner of any
amounts paid by Ontario under this Act for which the delivery agent and the
delivery partner are liable or for the recovery by Ontario or a delivery agent
from a recipient of assistance or from his or her estate of amounts paid by
Ontario or the delivery agent under this Act, and prescribing the circumstances
and manner in which any such recovery may be made;
(5) Subsection
74 (2) of the Act is repealed and the following substituted:
Regulations,
Minister
(2) The
Minister may make regulations,
1. designating
geographic areas and delivery agents and delivery partners for those geographic
areas, for the purposes of this Act;
2. prescribing
the powers and duties of a delivery partner for the purposes of this Act, the
standards a delivery partner is to meet in carrying out its functions and the
procedures and practices to be followed by the delivery partner;
3. prescribing
standards a delivery agent is to meet in carrying out its functions and the
procedures and practices to be followed by the delivery agent;
4. prescribing
policy statements which shall be applied in the
interpretation and application
of this Act and the regulations;
5. respecting
agreements between the Ministry and delivery partners and between delivery
partners and third parties;
6. prescribing
any matter referred to in this Act as prescribed by the Minister.
(6) Subsection
74 (12) of the Act is amended by adding “or a delivery partner” after “delivery
agent”.
Subsection 77 (1) of the Act is amended by adding “a delivery partner,” after
“a delivery agent,”.
(1) Section 78 of the Act is amended by striking out “delivery
agent” and substituting “delivery agent other than the Ministry”.
(2) Section
78 of the Act is amended by adding the following subsection:
Penalty,
delivery partner
(2) If
a delivery partner fails to properly exercise a power or duty under this Act or
the regulations, the Minister may deduct from the amount payable by Ontario a
portion of the delivery partner’s share of the cost of administering this Act
and providing assistance, in accordance with the regulations.
Social
Assistance Reform Act, 1997
Schedule D to the Social Assistance
Reform Act, 1997 is repealed.
The Act is amended by striking out “employment assistance” wherever it appears
and substituting in each case “employment and life stabilization assistance”.
District
Social Services Administration Boards Act
Clause 4 (1) (
a) of the District Social Services
Administration Boards Act is amended by adding “or delivery partner”
after “a delivery agent”.
Insurance
Act
Subsection 273.1 (1) of the Insurance Act is
repealed and the following substituted:
Information
to Ministry of Children, Community and Social Services, etc.
(1) Every
insurer shall provide the Ministry of Children, Community and Social Services,
a municipality, a board established under the District
Social Services Administration Boards Act , a band approved under
section
15 of the General Welfare Assistance Act , a
delivery agent or delivery partner under the Ontario Works
Act, 1997 or a delivery agent under the Ontario
Disability Support Program Act, 1997 , with such information as may be
prescribed by the regulations, including personal information, subject to such
conditions as may be prescribed by the regulations.
Ontario
Disability Support Program Act, 1997
(1) Subsections 5 (2) and (3) of the Ontario
Disability Support Program Act, 1997 are repealed.
(2) Section
54 of the Act is amended by adding “or delivery partner” after “each delivery
agent”.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Schedule 22
Opioid Damages and Health Care Costs Recovery Act, 2019
(1) The definition of “health care benefits” in subsection 1 (1) of
the Opioid Damages and Health Care Costs Recovery Act,
2019 is amended by adding the following clause:
(0.
a) home
and community care services under the Connecting Care Act,
2019 ,
(2) Clause
(
b) of the definition of “health care benefits” in subsection 1 (1) of the Act
is repealed and the following substituted:
(
b) community
services under the Home Care and Community Services Act,
1994 , before its repeal,
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Schedule 23
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF eNERGY, nORTHERN
dEVELOPMENT AND mINES
(1) Subsection 62 (1) of the Planning Act
is repealed and the following substituted:
Exempted
projects by transmitters, OPG
(1) A
project within the meaning of the Environmental Assessment
Act is not subject to this Act or to
section 113 or 114 of the City of Toronto Act, 2006 if,
(
a) the
project is undertaken by a transmitter in respect of a transmission system,
within the meaning of those terms under the Electricity
Act, 1998 , and,
(
i) the
project is approved under
Part II.3 of the Environmental
Assessment Act , or
(ii) the
prescribed requirements for commencing the project under
Part II.4 of the Environmental Assessment Act have been satisfied; or
(
b) the
project is undertaken by Ontario Power Generation Inc.
and has been approved under
Part II.3 of the Environmental
Assessment Act .
(2) Section
62 of the Act is amended by adding the following subsection:
Transition
(3) Subsection
(1), as it read on the day before the day subsection 1 (1) of
Schedule 23 to
the Supporting Recovery and Competitiveness Act, 2021
came into force, continues to apply to an undertaking approved under
Part II.1
of the Environmental Assessment Act before the day
Part II.1 of that Act was repealed by
section 26 of
Schedule 6 to the COVID-19 Economic Recovery Act, 2020 .
COVID-19
Economic Recovery Act, 2020
Subsections 62 (2) and (3) of
Schedule 6 to the COVID-19
Economic Recovery Act, 2020 are repealed.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Supporting Recovery and Competitiveness Act, 2021
receives Royal Assent.
(2) Section
1 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
Schedule 24
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF mUNICIPAL aFFAIRS AND
hOUSING
Subsection 47 (2) of the Planning Act is amended by
striking out “subsections 45 (4) to (8)” and substituting “subsections 45 (4)
to (8.2)”.
(1) Section 50 of the Act is amended by adding the following
subsection:
Interpretation,
“retained land”
(1.0.0.1) For
the purposes of this
section and
section 53, a reference to “ retained land ” refers to the whole of a parcel of land
that abuts land that is the subject of a certificate given under subsection 53
(42) allowing the conveyance by way of a deed or transfer with a consent that
was given on or after March 31, 1979 and that did not stipulate that subsection
(3) or (5) applies to any subsequent conveyance or other transaction.
(2) Subsections
50 (1.1) to (1.5) of the Act are repealed and the following substituted:
Removal
of power
(1.1) The
Minister may by order, accompanied by a written explanation for it, remove the
powers of the council of a municipality under this
section and sections 53 and
57 and the order may be in respect of one or more of the following:
1. One
or more applications for a consent or for a certificate of validation specified
in the order.
2. Any
or all applications for consents or for certificates of validation made after
the order is made.
3. One
or more applications for a certificate of cancellation specified in the order.
4. Any
or all applications for certificates of cancellation made after the order is
made.
Minister
to grant consents, etc.
(1.2) If
an order is made under subsection (1.1),
(
a) the
Minister has the power of the council to,
(
i) grant
consents or issue certificates of validation in respect of applications to
which the order relates, and
(ii) issue
certificates of cancellation in respect of applications to which the order
relates; and
(
b) the
council shall forward to the Minister all papers, plans, documents and other
materials that relate to any matter in respect of which the powers were removed
and of which a final disposition was not made by the council before the power
was removed.
Effect
of revocation
(1.3) If
the Minister revokes the order or part of the order made under subsection
(1.1),
(
a) the
power to grant consents or to issue certificates of validation reverts back to
the council in respect of all applications to which the revoked order or
revoked part of the order applied; and
(
b) the
power to issue certificates of cancellation reverts back to the council in
respect of all applications to which the revoked order or revoked part of the
order applied.
Delegation
(1.4) If
an order is made under subsection (1.1) in respect of land that is located in a
municipal planning area, the Minister may by order delegate to the municipal
planning authority the power which was removed from the council to grant
consents or to issue certificates of validation or certificates of cancellation
and the delegation may be subject to such conditions as the order provides.
Effect
of revocation
(1.5) If
the Minister revokes the order or part of the order made under subsection
(1.4),
(
a) the
power of the municipal planning authority to grant consents or to issue
certificates of validation reverts back to the Minister in respect of all
applications to which the revoked order or revoked part of the order applied;
(
b) the
power of the municipal planning authority to issue certificates of cancellation
reverts back to the Minister in respect of all applications to which the
revoked order or revoked part of the order applied; and
(
c) the
municipal planning authority shall forward to the Minister all papers, plans,
documents and other materials that relate to any matter to which the revoked
order or part of the order applied and of which a final disposition was not
made by the municipal planning authority before the order or part of the order
was revoked.
(3) Subsection 50 (3) of the Act is
amended by adding the following clause:
(a.1) the
land is the whole of a parcel of land that was previously owned by, or abutted
land previously owned by, joint tenants and the ownership would have, but for
this clause, merged in the person as a result of the death of one of the joint
tenants;
(4) Clause
50 (3) (
b) of the Act is repealed and the following substituted:
(
b) the
person does not retain the fee or the equity of redemption in, or a power or
right to grant, assign or exercise a power of appointment in respect of, any
land abutting the land that is being conveyed or otherwise dealt with other
than,
(
i) land
that is the whole of one or more lots or blocks within one or more registered
plans of subdivision,
(ii) land
that is within a registered description under the Condominium
Act, 1998 , or
(iii) land
that is the identical parcel of land that was previously conveyed by way of a
deed or transfer with a consent given under
section 53 or was mortgaged or
charged with a consent given under
section 53, either of which consent was
given on or after March 31, 1979 and did not stipulate that this subsection or
subsection (5) applies to any subsequent conveyance or other transaction;
(5) Clause
50 (3) (
g) of the Act is repealed and the following substituted:
(
g) the
land or any use of or right therein was acquired for the purpose of an
electricity distribution line, electricity transmission line or hydrocarbon
line within the meaning of
Part VI of the Ontario Energy
Board Act, 1998 and is being disposed of to the person from whom it was
acquired or to that person’s successor in title, provided
the person to whom it is being disposed of holds the fee or the equity of
redemption in, or a power or right to grant, assign or exercise a power of
appointment in respect of, land abutting the land being disposed of ; or
(6) Subsection
50 (5) of the Act is amended by striking out the portion before clause (
a) and
substituting the following:
Part-lot
control
(5) If
land is within a plan of subdivision registered before or after the coming into
force of this section, no person shall convey any part of the land other than
the whole of any lot or block by way of a deed, or transfer, or grant, assign
or exercise a power of appointment in respect of such part, or mortgage or
charge such part, or enter into an agreement of sale and purchase of such part
or enter into any agreement that has the effect of granting the use of or right
in such part directly or by entitlement to renewal for a period of 21 years or
more unless,
. . . .
(7) Clause
50 (5) (
a) of the Act is repealed and the following substituted:
(
a) the
person does not retain the fee or the equity of redemption in, or a power or
right to grant, assign or exercise a power of appointment in respect of, any
land abutting the land that is being conveyed or otherwise dealt with other
than,
(
i) land
that is the whole of one or more lots or blocks within one or more registered
plans of subdivision,
(ii) land
that is within a registered description under the Condominium
Act, 1998 , or
(iii) land
that is the identical parcel of land that was previously conveyed by way of a
deed or transfer with a consent given under
section 53 or was mortgaged or
charged with a consent given under
section 53, either of which consent was
given on or after March 31, 1979 and did not stipulate that this subsection or
subsection (3) applies to any subsequent conveyance or other transaction;
(8) Subsection
50 (5) of the Act is amended by adding the following clause:
(a.2) the
land is the whole of a parcel of land that was previously owned by, or abutted
land previously owned by, joint tenants and the ownership would have, but for
this clause, merged in the person as a result of the death of one of the joint
tenants;
(9) Clause
50 (5) (
g) of the Act is repealed and the following substituted:
(
g) the
land or any use of or right therein was acquired for the purpose of a utility
line within the meaning of the Ontario Energy Board Act,
1998 and is being disposed of to the person from whom it was acquired or
to that person’s successor in title, provided the person to whom it is being
disposed of holds the fee or the equity of redemption in, or a power or right
to grant, assign or exercise a power of appointment in respect of, land
abutting the land being disposed of; or
(10) Subsection
50 (6) of the Act is repealed and the following substituted:
Conveyance
of retained land
(6) Despite
subsections (3) and (5), retained land may be conveyed or otherwise dealt with
before the land that is the subject of the consent is dealt with, provided the
retained land is conveyed or otherwise dealt with before the consent lapses
under subsection 53 (43).
(11) Subsection 50 (9) of the Act is
amended by striking out “in a part of a building or structure for any period of
years” at the end and substituting “in a part of a building or structure,
including the use of or right in lands, which use or right is ancillary to the
use of or right in the part of the building or structure, for any period of
years”.
(12) Section
50 of the Act is amended by adding the following subsection:
Same
(9.1) For
greater certainty, subsection (9) applies to an agreement that has the effect
of granting the use of or right in a part of a building or structure, including
the use of or right in lands, which use or right is ancillary to the use of or
right in the part of the building or structure, for the lifetime of an
individual.
(13) Subsection
50 (18) of the Act is repealed and the following substituted:
Foreclosure
or exercise of power of sale
(18) No
foreclosure of or exercise of a power of sale in a mortgage or charge shall
have any effect in law unless,
(
a) all
of the land that is then subject to the mortgage or charge is included in the
foreclosure or exercise of the power of sale; or
(
b) all
of the land included in the foreclosure or exercise of the power of sale could
otherwise be conveyed by way of a deed or transfer by the registered owner of
the land in compliance with the provisions of this section.
(14) Subsection
50 (18.1) of the Act is repealed.
(15) Subsection
50 (23) of the Act is amended by adding “or otherwise determining compliance
with this section” after “subclause (22) (c) (ii)”.
(1) Subsection 51 (13) of the Act is amended by striking out
“applies” at the end and substituting “applied”.
(2) Subsection
51 (19.1) of the Act is amended by striking out “the clerk of the municipality”
and substituting “the clerk of the local municipality”.
(3) Subsection
51 (19.3.1) of the Act is amended by striking out “clause (19.4) (
a) and
subsections (20) and (21) do not apply” at the end and substituting “clause
(19.4) (
a) and subsections (19.4.1) and (20) to (21) do not apply”.
(4) Subsection
51 (19.4) of the Act is repealed and the following substituted:
Notice
of particulars and public access
(19.4) Subject
to subsection (19.4.1), within 15 days after the approval authority gives an
affirmative notice under subsection (19.1), or within 15 days after the
Tribunal advises the approval authority and the clerk or secretary-treasurer of
its affirmative decision under subsection (19.2), the approval authority shall
ensure that,
(
a) the
prescribed persons and public bodies are given notice of the application, in
the prescribed manner, and that the notice is accompanied by the prescribed
information; and
(
b) the
information and material provided under subsections (17) and (18) are made
available to the public.
Exception
(19.4.1) Subsection
(19.4) does not apply if the land that is the subject of the application is not
located in a municipality or in the planning area of a planning board.
Request
by approval authority
(19.4.2) An
approval authority may request that a local municipality or a planning board
having jurisdiction over the land that is proposed to be subdivided give the
notice of the application referred to in clause (19.4) (
a) and make the
information and material referred to in clause (19.4) (
b) available to the
public.
Responsibilities
(19.4.3) A
local municipality or planning board that is requested under subsection
(19.4.2) to give notice of the application shall ensure that the notice is
given in accordance with clause (19.4) (a).
(5) Subsection
51 (20) of the Act is repealed and the following substituted:
Public
meeting
(20) Before
a decision is made by an approval authority under subsection (31), the approval
authority shall ensure that a public meeting is held, if required by
regulation, for the purpose of giving the public an opportunity to make
representations in respect of the proposed subdivision.
Notice
of meeting
(20.1) Notice
of the public meeting required under subsection (20),
(
a) shall
be given to the prescribed persons and public bodies, in the prescribed manner;
and
(
b) shall
be accompanied by the prescribed information.
Participation
in public meeting
(20.2) Every
person who attends a public meeting referred to in subsection (20) shall be
given an opportunity to make representations in respect of the proposed
subdivision.
Information
(20.3) At
a public meeting referred to in subsection (20), the approval authority shall
ensure that information is made available to the public regarding who is
entitled to appeal under subsections (34), (39), (43) and (48).
Transition
(20.4) For
clarity, subsections (20.2) and (20.3) do not apply with respect to a public
meeting held before the day those subsections came into force.
(6) Clauses
51 (21.1) (
a) and (
b) of the Act are repealed and the following substituted:
(
a) notice
of the meeting is given in accordance with subsection (20.1);
(
b) the
public meeting is held in accordance with subsections (20), (20.2) and (20.3);
and
(7) Subsection
51 (35) of the Act is amended by striking out “and” at the end of clause (a),
by adding “and” at the end of clause (
b) and by adding the following clause:
(
c) such
other information or material as the Tribunal may require in respect of the
appeal is forwarded to the Tribunal.
(8) Subsection
51 (50) of the Act is amended by striking out “and” at the end of clause (a),
by adding “and” at the end of clause (
b) and by adding the following clause:
(
c) such
other information or material as the Tribunal may require in respect of the
appeal is forwarded to the Tribunal.
(1) Subsection 53 (1) of the Act is repealed and the following
substituted:
Same
(1) An
owner, chargee or purchaser of land, or such owner’s, chargee’s or purchaser’s
agent duly authorized in writing, may apply for a consent as defined in
subsection 50 (1) and the council or the Minister, as the case may be, may,
subject to this section, give a consent if satisfied that a plan of subdivision
of the land is not necessary for the proper and orderly development of the
municipality.
Same
(1.1) For
the purposes of subsection (1), a purchaser of land is a person who has entered
into an agreement of purchase and sale to acquire the land and who is
authorized in the agreement of purchase and sale to make the application.
(2) Section
53 of the Act is amended by adding the following subsections:
Amendment
to application
(4.2.1) An
application may be amended by the applicant at any time before the council or
the Minister gives or refuses to give a consent.
Terms
(4.2.2) If
an application is amended by the applicant, the council or the Minister may
impose such terms as the council or Minister considers appropriate, including
terms,
(
a) requiring
the provision of additional information and material in relation to the
amendment; and
(
b) specifying
that the time period referred to in subsection (14) is deemed not to have begun
until the later of,
(
i) the
date the application was amended, and
(ii) if
additional information and material was required under clause (a), the date on
which all the information and material was provided.
Fees
(4.2.3) For
greater certainty, the council or the Minister may include fees in respect of
an amendment to an application in its fees established under
section 69 or
69.1, as the case may be.
Other
(4.2.4) For
greater certainty, subsection (4.2.1) shall not be construed as preventing a
person from amending any other type of application under this Act.
(3) Section
53 of the Act is amended by adding the following subsection:
Requirements
re public meeting
(5.1) If
a regulation referred to in clause (5) (
b) is made requiring a public meeting,
the regulation may also specify one or more purposes of the public meeting,
such persons or entities who are entitled to make representations at the public
meeting and any information required to be made available at the public
meeting.
(4) Section
53 of the Act is amended by adding the following subsection:
Same
(12.1) For
greater certainty, the powers of a council or the Minister under subsection
(12) apply to both the part of the parcel of land that is the subject of the
application for consent and the remaining part of the parcel of land.
(5) Subsection
53 (15) of the Act is amended by striking out “and” at the end of clause (a),
by adding “and” at the end of clause (
b) and by adding the following clause:
(
c) such
other information or material as the Tribunal may require in respect of the
appeal is forwarded to the Tribunal.
(6) Subsection
53 (17) of the Act is amended by adding “and” at the end of clause (
b) and by
repealing clause (c).
(7) Subsection
53 (18.1) of the Act is amended by striking out “provisional consent” wherever
it appears and substituting in each case “application”.
(8) Subsection
53 (28) of the Act is amended by striking out “and” at the end of clause (a),
by adding “and” at the end of clause (
b) and by adding the following clause:
(
c) such
other information or material as the Tribunal may require in respect of the
appeal is forwarded to the Tribunal.
(9) Subsection
53 (39) of the Act is amended by striking out “If the decision of the Tribunal
under subsection (34) is that a provisional consent be given” at the beginning
and substituting “If a provisional consent has been given by the Tribunal under
subsection (34)”.
(10) Subsection
53 (40) of the Act is repealed and the following substituted:
Same
(40) If
a provisional consent has been given by the Minister or the council and there
has been no appeal under subsection (19) or (27), subject to subsection (23),
the consent shall be given. However, if conditions have been imposed, the
consent shall not be given until the council or the Minister is satisfied that
the conditions have been fulfilled.
(11) Subsection
53 (41) of the Act is repealed and the following substituted:
Conditions
not fulfilled
(41) If
conditions have been imposed and the applicant has not, within a period of two
years after notice was given under subsection (17) or (24), whichever is later,
fulfilled the co