Ontario Bill 276 (42nd Parliament, 1st Session)

Bill 276, 42-1

Ontario — Bills

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section 117 is repealed.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

Document details

CollectionOntario — Bills
CitationBill 276, 42-1
Typebill
Volume / chapterp42 s1 bill-276 html
Languageen
Formathtml
SourcePROVINCIAL
Identifier935a2c197a46300fbef92dab0eee4b5a096571dd

Source file is stored in the law ingest library (html).