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Bill 213, Better for People, Smarter for Business Act, 2020

Sarkaria, Hon. Prabmeet Singh Associate Minister of Small Business and Red Tape Reduction

Royal Assent received. Statutes of Ontario 2020,

chapter 34

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Royal Assent

As Amended by Standing Committee

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Bill 213 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 213 and does not form part of the law.

Bill 213 has been enacted as

Chapter 34 of the Statutes of Ontario, 2020.

Schedule

Business Corporations Act

new clause 104 (1) (

c) of the Business Corporations Act

provides that, in the case of a corporation that is not an offering

corporation, a resolution in writing signed by the holders of at least a

majority of the shares or their attorney authorized in writing entitled to vote

on that resolution at a meeting of the shareholders is as valid as if it had

been passed by ordinary resolution at the meeting. In addition, if the

resolution deals with all matters required by the Act to be dealt with at a

meeting of shareholders where all business to be transacted at the meeting is

to be passed by ordinary resolution, the resolution satisfies all the

requirements of the Act relating to such a shareholder meeting. The new clause

is subject to existing exceptions set out in the section. The

section is also

amended to require notice of the resolution referred to in clause 104 (1) (

c) to be given to all shareholders entitled to vote on the resolution who did not

sign it. Provision is made for circumstances where the articles or a unanimous

shareholder agreement require a greater number of votes of shareholders to

effect a particular action by ordinary resolution prevail over the number

required by the Act by reason of subsection 5 (4). Consequential amendments are

made to subsections 5 (5) and 154 (4).

Subsection

118 (3) of the Act, which governs how many directors of a corporation must be

resident Canadians, is repealed. Consequential amendments are made.

Other

technical amendments are made to various provisions of the Act.

Schedule

Canada Christian College and School of Graduate Theological Studies Act, 1999

The

Schedule amends the Canada Christian College and School of

Graduate Theological Studies Act, 1999 to continue Canada Christian

College and School of Graduate Theological Studies as a corporation without

share capital under the name Canada University and School of Graduate

Theological Studies and makes other related amendments.

Section

6 of the Act is amended to include Bachelor of Arts and Bachelor of Science as

additional degrees the board may grant.

SCHEDULE

CHANGE OF NAME ACT

Subject

to a transitional provision, the

Schedule amends the Change

of Name Act to remove the ability of a married person or person in a

conjugal relationship outside marriage to elect to change the person’s surname

to that of their spouse or conjugal partner or to a name that combines the

surnames of both spouses or conjugal partners. The

Schedule preserves the

ability of a person who is or was married or in a conjugal relationship outside

marriage and who made such an election before the amendments come into force to

resume the surname that person had immediately before the marriage or the

conjugal relationship, except if the person has changed any of the person’s

names in the interim.

Schedule

Family Responsibility and Support Arrears Enforcement Act, 1996

The

Family Responsibility and Support Arrears Enforcement Act,

1996 is amended to allow the Director of the Family Responsibility

Office to exercise discretion in determining methods of payment that may be

used by a support payor to pay amounts owing under a support order. Other

technical amendments are also made to the Act.

Schedule

Fish and wildlife Conservation Act, 1997

Section

62.1 is added to the Fish and Wildlife Conservation Act,

1997 to give the Minister the power to amend licences and authorizations

issued or granted under the Act.

Various

minor amendments are made to the regulation-making powers set out in sections

112 and 113 of the Act.

schedule

Forfeited Corporate Property Act, 2015

The

Schedule makes various amendments to the Forfeited

Corporate Property Act, 2015 , including the following:

1. Currently,

the Minister has certain powers to require persons occupying forfeited

corporate real property as living accommodation to vacate the property. The Act

is amended to extend these powers to forfeited corporate real property that is

not being occupied as living accommodation.

2. Various

amendments are made respecting forfeited corporate real property that was

co-owned. In particular, the Act is amended to permit the Minister to transfer

any type of forfeited corporate real property to a co-owner of the property.

3. The

Act is amended to specify the availability of certain remedies in respect of

forfeited corporate property.

well, the

Schedule repeals

section 39 of the Act (Availability of

co-operative’s property to satisfy judgments) and amends the Co-operative Corporations Act to incorporate, in that

Act, substantively the same rule as set out in

section 39.

Schedule

Insurance Act

The

Schedule makes several amendments to the Insurance Act .

Various provisions of the Act are repealed, complementary amendments are made

and transitional matters are provided for.

sCHEDULE

mINING aCT

The

Schedule makes various amendments to the Mining Act ,

including the following:

1. A

new

section 73.1 is added to the Act, permitting the Minister to make an order

described in subsection 67 (1) (exclusion of time and work) or 73 (1)

(extension of time) on the Minister’s own initiative, without an application,

if the Minister is satisfied that special circumstances exist. The order may

apply to all mining claims or to one or more classes of mining claims. The new

section specifies the implications of making such an order. A consequential

amendment is made to the definition of “anniversary date” in subsection 1 (1).

2. Amendments

are made to subsection 81 (6.1) and 82 (4) requiring that lease renewal

applications under sections 81 and 82 (and under sections 83 and 84, by

operation of those sections) be made through the mining lands administration

system. A new subsection 138 (2.1) is added to the Act that specifies the

effect on leases of an extension of time to apply for the renewal of a lease

that is granted under subsection 138 (2) because the system is not available.

3. Various

other amendments are made to sections 81 to 84 to make them more consistent and

to remove obsolete references.

4. A

new

section 85.1 is added to the Act, permitting the Minister to direct that a

fraction or gore that adjoins a mining claim for which an application for a

lease is made may be included in the lease without itself being registered as a

mining claim.

5. Subsection

185 (5), which sets a limit on the Minister’s power under

section 185 to grant

relief from forfeiture, is repealed.

Schedule

Ministry of the Environment Act

The

Ministry of the Environment Act is amended to

permit the Minister to make regulations establishing fees for providing copies

of and statements about documents and information in the custody or under the

control of the Ministry.

Schedule

Ministry of Training, Colleges and Universities Act

The

Schedule amends the Ministry of Training, Colleges and

Universities Act . A new

section 6.1 is added to exempt from development

charges the development of land intended for use by a university that receives

operating funds from the government.

Schedule

Niagara Parks Act

The

Schedule amends the Niagara Parks Act to remove the

requirement for the Commission to seek the approval of the Lieutenant Governor

in Council to appoint an auditor. In addition, administrative amendments are

made to several provisions to update references to the Minister of Finance.

Schedule

Northern Services Boards Act

The

Schedule amends several provisions of the Northern

Services Boards Act

to remove the requirement that documents be sent to the Minister or the Minister

of Finance by registered mail or electronic mail and updates the definition of

“Minister”.

Schedule

Official Notices Publication Act

The

Schedule renames the Official Notices Publication Act

as the Ontario Gazette Act . In addition,

section 1

of the Act is amended to give discretion to the Queen’s Printer to determine

the timing and manner of publication of The Ontario

Gazette . Other Acts are consequentially amended to remove references to

the print version of The Ontario Gazette and to

print publication of Ontario laws and refer instead to publication, as well as

to update a reference to the title of the Act.

Schedule

Ontario Energy Board Act, 1998

The

Schedule amends several provisions of the Ontario Energy

Board Act, 1998 to remove references to the Ontario

Clean Energy Benefit Act, 2010 .

Schedule

Ontario Highway Transport Board REPEAL ACT, 2020

The

Schedule enacts the Ontario Highway Transport Board Repeal

Act, 2020 , which dissolves the Ontario Highway Transport Board and

repeals the Ontario Highway Transport Board Act . It

authorizes the Minister of Transportation to make transitional regulations to

phase out the Act’s application before it is repealed.

Schedule

Ontario New Home Warranties Plan Act

Technical

amendments are made to the Ontario New Home Warranties

Plan Act with respect to transitional regulation-making authority.

Schedule

Ontario Water Resources Act

The

Ontario Water Resources Act is amended to require

certain persons who wish to apply for a permit to take ground water for the

purpose of producing bottled water to first seek the support of the council of

the local municipality where the water will be taken.

Schedule

Pension Benefits Act

The

Pension Benefits Act is amended.

The

amendments to sections 80, 80.4, 81 and 81.0.1 of the Act permit the Chief

Executive Officer of the Financial Services Regulatory Authority of Ontario to

waive or vary certain requirements in the regulations or, in some cases, in the

Authority’s rules. The requirements that can be waived or varied relate to an

administrator’s obligation to give notice of the transfer of assets between

pension plans and to the conversion of a pension plan from a single employer

pension plan to a jointly sponsored pension plan.

Section 115.1 of the Act is

amended to give the Authority rule-making powers to prescribe notice

requirements for specified purposes.

The

Act is also amended to exempt certain pension plans that are individual pension

plans or designated plans from application of the Act, the regulations and the

Authority rules. New

section 101.1 provides for the exemption of an individual

pension plan or designated plan if the employer files an election to be exempt

and if certain other conditions are satisfied. New

section 101.2 provides for

the exemption of an individual pension plan or designated plan established

after the day the

section comes into force, if certain conditions are

satisfied. New

section 101.3 provides for the exemption in cases where a

pension plan’s registration under the Income Tax Act

(Canada) is or was revoked and, immediately before the day the notice of

revocation was dated, the pension plan was an individual pension plan or

designated plan.

SChedule

Personal Property Security Act

new

Part V.1 is added to the Personal Property Security

Act to deal with vexatious registrations.

vexatious registration is defined as the registration of a document that the

registrar considers to have been tendered for the purpose of annoying or

harassing the person named as the debtor in the document or for any other

improper purpose and that has been tendered by or on behalf of a person who

does not hold the security interest referred to in the document or is claiming

an interest that is not registrable under the Act. For the purposes of the

Part, “document” refers to a financing statement, a

financing change statement, a claim for lien, a change statement or any other

document being tendered for registration in the registration system.

The

registrar is given the power to reject a document that, if registered would

result in a vexatious registration. The rejection of a document may be appealed

to the Divisional Court by any person who is named as a secured party on the

document.

The

registrar is also given the power to discharge a vexatious registration on his

or her own initiative or in response to a written request from a person

affected by the registration. A decision to discharge the registration or to

not discharge the registration may be appealed to the Divisional Court by

certain persons as specified.

The

Part applies to every document tendered for registration and every registration

in the registration system before or after the amendments take effect.

Schedule

Planning Act

The

Schedule makes changes to the subdivision control provisions in

section 50 of

the Planning Act in relation to partial discharges

of mortgages and partial cessation of charges, releases in interest by joint

tenants or tenants in common, and the effect of prescribed statements regarding

compliance with

section 50 of the Act. The

Schedule also adds a definition of

provisional consent to

section 53 of the Act and amends subsection 53 (1) of

the Act so that a chargee of land or the chargee’s agent may apply for a

consent as defined in subsection 50 (1), in addition to an owner of land or the

owner’s agent.

Schedule

Private Career Colleges Act, 2005

Currently,

the Private Career Colleges Act, 2005 provides for

the establishment of an advisory board to advise the administrators of the

Training Completion Assurance Fund. The

Schedule repeals that provision and a

related regulation-making power.

Schedule

public lands Act

The

Schedule amends the Public Lands Act by adding

sections 37.2, 37.3 and 37.4 to the Act. New sections 37.2 and 37.3 apply when,

in specified circumstances, the administration and control of unpatented public

lands is transferred from the Minister of Natural Resources and Forestry to

another Minister or a Crown agency.

Section 37.2 provides that a transfer of an

interest in those unpatented lands to third parties by the Minister or Crown

agency is legally effective, even though letters patent are not issued to

effect the transfer. Furthermore, it provides that an easement in or over those

unpatented lands that is granted to third parties by the Minister or Crown

agency is valid.

Section 37.3 provides that interests and easements in such

lands that were transferred or granted by the Minister of Crown agency before

the day these amendments came into force are deemed to be legally effective and

valid.

Section

37.4 relates to reservations and conditions that apply to the interests in

unpatented lands and easements transferred and granted under sections 37.2 and

37.3.

Other

minor amendments are made to the Act. Consequential amendments are made to the Land Titles Act .

Schedule

Public Vehicles REPEAL ACT, 2020

The

Schedule enacts the Public Vehicles Repeal Act, 2020 ,

which repeals the Public Vehicles Act and

authorizes the Minister of Transportation to make transitional regulations to

phase out the Act’s application before it is repealed. It also contains

amendments to 10 other Acts, including the Highway Traffic

Act , consequential to the repeal of the Public

Vehicles Act .

The

amendments to the Highway Traffic Act include the

following new provisions:

section 24, authorizing regulations to prescribe

requirements for passenger transportation vehicles; and

section 195.1, which

provides that municipal business licensing by-laws do not apply to buses that

only pass through a municipality and do not take on and discharge the same

passenger within the municipality.

Section 195.1 also provides for regulations

designating other classes of passenger transportation vehicles not affected by

municipal business licensing by-laws.

Schedule

Redeemer reformed christian college act, 1998

The

Schedule amends the Redeemer Reformed Christian College

Act, 1998 to continue Redeemer Reformed Christian College as a

corporation without share capital under the name Redeemer University and makes

other related amendments.

Clause

7.1 (

i) of the Act is amended to allow the senate to grant additional degrees,

as set out in the new

Schedule to the Act.

Schedule

St. Lawrence Parks CommiSsion Act

The

Schedule amends the St. Lawrence Parks Commission Act

remove the requirement for the Commission to seek the approval of the Lieutenant Governor in

Council to appoint an auditor. In addition, administrative amendments are made

to update references to the Minister of Finance.

Schedule

Surveyors Act

The

Schedule amends clauses 7 (3) (

c) and 8 (3) (

c) of the Surveyors

Act to allow members of the Association of Ontario Land Surveyors to

confirm regulations and by-laws made by the Council by means of a vote

conducted in accordance with the by-laws. The Council is also given the

authority to make by-laws prescribing the means of such a vote and the

procedure for the vote as well as the authority to make by-laws providing for

meetings of members to be held by means of conference telephone or other communications

equipment.

Schedule

Surveys Act

The

Schedule repeals

section 4 of the Surveys Act and

re-enacts it. New

definitions are added to the re-enacted

section 4. Survey

records are defined as paper or electronic data prepared or captured in the

course of performing a field survey including, among others, field notes. New

provisions are added to deal with survey records upon ceasing to practise or

operate and survey records can only be sold or transferred to a holder of a

certificate of authorization. A party receiving survey records is required to inform

the Registrar in writing within 30 days. Lastly, new subsection 4 (10) requires

that municipalities and government bodies maintain survey records in their

possession and that they consult with the Minister before disposing of them.

Schedule

Tyndale University College & Seminary Act, 2003

The

Schedule amends the Tyndale University College &

Seminary Act, 2003 to continue Tyndale University College & Seminary

as a corporation without share capital under the name Tyndale University and

makes other related amendments.

The

Schedule to the Act is amended to include additional degrees the board of

governors may grant under the Act.

Bill 213 2020

Act to reduce burdens on people and businesses by enacting,

amending and repealing various Acts and revoking a regulation

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule

Business

Corporations Act

Schedule

Canada

Christian College and School of Graduate Theological Studies Act, 1999

Schedule

Change

of Name Act

Schedule

Family

Responsibility and Support Arrears Enforcement Act, 1996

Schedule

Fish

and Wildlife Conservation Act, 1997

Schedule

Forfeited

Corporate Property Act, 2015

Schedule

Insurance

Act

Schedule

Mining

Act

Schedule

Ministry

of the Environment Act

Schedule

1 0

Ministry

of Training, Colleges and Universities Act

Schedule

1 1

Niagara

Parks Act

Schedule

1 2

Northern

Services Boards Act

Schedule

1 3

Official

Notices Publication Act

Schedule

1 4

Ontario

Energy Board Act, 1998

Schedule

1 5

Ontario

Highway Transport Board Repeal Act, 2020

Schedule

1 6

Ontario

New Home Warranties Plan Act

Schedule

Ontario

Water Resources Act

Schedule

Pension

Benefits Act

Schedule

Personal

Property Security Act

Schedule

2 0

Planning

Act

Schedule

2 1

Private

Career Colleges Act, 2005

Schedule

2 2

Public

Lands Act

Schedule

2 3

Public

Vehicles Repeal Act, 2020

Schedule

Redeemer

Reformed Christian College Act, 1998

Schedule

2 5

St.

Lawrence Parks Commission Act

Schedule

2 6

Surveyors

Act

Schedule

Surveys

Act

Schedule

Tyndale

University College & Seminary Act, 2003

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 Better for People, Smarter for

Business Act, 2020 .

Schedule 1

Business Corporations Act

The

definitions of “non-resident corporation” and “resident Canadian” in

subsection 1 (1) of the Business Corporations Act

are repealed.

Subsection 5 (5) of the Act is repealed and the following substituted:

Removal

of director

(5) The

articles shall not require,

(

a) a

greater number of votes of shareholders to remove a director than the number

specified in

section 122; or

(

b) a

greater number of shareholders or their attorney authorized in writing to sign

a resolution referred to in clause 104 (1) (

c) to remove a director than the

number specified in that clause.

(1) Subsection 104 (1) 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) in

the case of a corporation that is not an offering corporation,

(

i) a

resolution in writing signed by the holders of at least

a majority of the shares or their attorney authorized in writing entitled to

vote on that resolution at a meeting of the shareholders is as valid as if

it had been passed by ordinary resolution at a meeting of the shareholders, and

(ii) a

resolution in writing dealing with all matters required by this Act to be dealt

with at a meeting of shareholders where all business to be transacted at the

meeting is to be passed by an ordinary resolution, and signed by the holders of

at least a majority of the shares or their attorney authorized in writing

entitled to vote on that resolution at a meeting of the shareholders, satisfies

all the requirements of this Act relating to that meeting of shareholders.

(2) Section

104 of the Act is amended by adding the following subsections:

Notice

to shareholders

(3) Within

10 business days after a resolution referred to in clause (1) (

c) is signed by

the holders of at least a majority of the shares or their attorney authorized

in writing entitled to vote on that resolution at a meeting of the

shareholders, the corporation shall give written notice of the resolution to

the shareholders entitled to vote on the resolution who did not sign it.

Same

(4) Notice

under subsection (3) shall include,

(

a) the

text of the resolution; and

(

b) a

statement that contains a description of and the reasons for the business dealt

with by the resolution.

Where articles, etc.

require greater number of votes

(5) If

the articles or a unanimous shareholder agreement requiring a greater number of

votes of shareholders to pass an ordinary resolution prevail over the number

required by this Act by reason of subsection 5 (4), the following rules apply:

1. For

the purposes of subclause (1) (c) (i), the number specified in the articles or

the unanimous shareholder agreement is the minimum number of shareholders or

their attorney authorized in writing that are required to sign the resolution.

2. For

the purpose of subclause (1) (c) (ii), the resolution referred to in that

subclause must be signed by at least the number of shareholders or their

attorney authorized in writing specified in the articles or the unanimous

shareholder agreement.

Subsection 116 (2) of the Act is amended by striking out “and the shareholders

may confirm” and substituting “and the shareholders may, by ordinary

resolution, confirm”.

Subsection 118 (3) of the Act is repealed.

Subsection 119 (4) of the Act is amended by striking out “shareholders of a

corporation shall elect” and substituting “shareholders of a corporation shall,

by ordinary resolution, elect”.

(1) Subsection 149 (1) of the Act is amended by striking out “at

their first annual or special meeting shall appoint” and substituting “at their

first annual or special meeting shall, by ordinary resolution, appoint”.

(2) Subsection

149 (4) of the Act is repealed and the following substituted:

Removal

of auditor

(4) The

shareholders may, except where the auditor has been appointed by order of the

court under subsection (8), by ordinary resolution passed at a special meeting

duly called for the purpose, remove an auditor before the expiration of the

auditor’s term of office, and shall, by ordinary resolution passed at that

meeting, appoint a replacement for the remainder of the auditor’s term.

(3) Subsection

149 (7) of the Act is amended by striking out “shall be fixed by the

shareholders” and substituting “shall be fixed by ordinary resolution of the

shareholders”.

Subsection 154 (4) of the Act is amended by striking out “clause 104 (1) (

b) in

lieu of the annual meeting” and substituting “clause 104 (1) (

b) or subclause

104 (1) (c) (ii) in lieu of the annual meeting”.

(1) Section 240 of the Act is amended by adding the following

subsection:

Termination

of proceedings re director residency

(1.3) Any

proceeding under this

section commenced but not decided by order of the Director

before the day subsection 9 (2) of

Schedule 1 to the Better

for People, Smarter for Business Act, 2020 comes into force, related to

a corporation’s failure to comply with subsection 118 (3) of this Act as it

read immediately before that day, is terminated.

(2) Clause

(

b) of the definition of “sufficient cause” in subsection 240 (2) of the Act is

amended by striking out “or subsection 118 (3)” at the end.

Paragraph 29 of

section 272 of the Act is repealed.

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Schedule 2

Canada Christian College and School of Graduate Theological Studies Act, 1999

(1) The definition of “College” in

section 1 of the Canada Christian College and School of

Graduate Theological Studies Act, 1999 is repealed.

(2) Section

1 of the Act is amended by adding the following definition:

“University”

means Canada University and School of Graduate Theological Studies;

Subsection 2 (1) of the Act is repealed and the following substituted:

Incorporation

(1) Canada

Christian College and School of Graduate Theological Studies is continued as a

corporation without share capital under the name Canada University and School

of Graduate Theological Studies.

References

to former name

(1.1) Unless

the contrary intention appears, any reference in a document, other than a

certificate, degree or diploma awarded or granted before this

section comes

into force, to Canada Christian College and School of Graduate Theological

Studies shall be deemed to be a reference to Canada University and School of

Graduate Theological Studies.

Section 6 of the Act is amended by adding “Bachelor of Arts, Bachelor of

Science” before “Bachelor of Theology”.

4 The Act is amended by striking out “College”

wherever it appears and substituting in each case “University”, except in the

Preamble and subsections 2 (1), (1.1) and (2).

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 3

CHANGE OF NAME ACT

The definition of “joint declaration” in

section 1 of the Change

of Name Act is repealed.

Section 3 of the Act is repealed.

Subsection 4 (2) of the Act is repealed and the following substituted:

Notice

to spouse

(2) An

applicant who is a spouse shall give the other spouse notice of the application.

Subsection 5 (7) of the Act is repealed and the following substituted:

Notice

to spouse

(7) An

applicant who proposes to change the child’s surname to the surname of the

applicant’s spouse shall give the spouse notice of the application.

Clause 6 (2) (

c) of the Act is repealed.

(1) Subsection 7.1 (1) of the Act is amended by,

(

a) striking

out “registering a change of name requested under

section 3 or”;

(

b) striking

out “Ministry of Community Safety and Correctional Services” and substituting

“Ministry of the Solicitor General”; and

(

c) striking

out “election or”.

(2) Subsection

7.1 (2) of the Act is amended by,

(

a) striking

out “disclose to the Ministry of Community Safety and Correctional Services”

and substituting “disclose to the Ministry of the Solicitor General”; and

(

b) striking

out “Ministry of Community Safety and Correctional Services and Registrar

General” and substituting “Registrar General and Ministry of the Solicitor

General”.

(3) Subsection

7.1 (3) of the Act is amended by,

(

a) striking

out “Subsections 3 (4), 7 (1) and 7 (2)” at the beginning and substituting

“Subsections 7 (1) and (2)”;

(

b) striking

out “subsection 3 (3.1) or 6 (9), as the case may be, and” and substituting

“subsection 6 (9), and”;

(

c) striking

out “Ministry of Community Safety and Correctional Services” and substituting

“Ministry of the Solicitor General”; and

(

d) striking

out “electing or”.

(1) Clause 8 (1) (b.1) of the Act is amended by striking out

“electing or”.

(2) Clause

8 (1) (

c) of the Act is amended by striking out “in the case of a change of

name made on an application under subsection 4 (1) or 5 (1)” at the beginning.

(3) Section

8 of the Act is amended by striking out “Ministry of Community Safety and

Correctional Services” wherever it appears and substituting in each case

“Ministry of the Solicitor General”.

(1) Clause 10 (6) (b.1) of the Act is amended by striking out

“Ministry of Community Safety and Correctional Services” and substituting

“Ministry of the Solicitor General”.

(2) Subsection

10 (7) of the Act is amended by striking out “Ministry of Community Safety and

Correctional Services” and substituting “Ministry of the Solicitor General”.

The Act is amended by adding the following sections:

Transition

Joint

declarations

12.0.1

(1) This

section applies to a person who filed a joint declaration under subsection 3

(6) before

section 3 was repealed, if the joint declaration has not been

revoked.

Change

of name of person over 16

(2) If

the person is an applicant under subsection 4 (1), the person shall give the

person with whom they filed the joint declaration notice of the application.

Change

of child’s name

(3) If

the person is an applicant under subsection 5 (1) and proposes to change the

child’s surname to the surname of the person with whom they filed the joint

declaration, the person shall give the person with whom they filed the joint

declaration notice of the application.

Procedure

(4) An

application made under subsection 4 (1) or 5 (1) by the person shall state, by

way of statutory declaration, in addition to the matters listed in subsection 6

(2), the full name of the other person who made the joint declaration, its date

and the place where it was made.

Revocation

(5) The

person may revoke the joint declaration when applying for a change of name

under subsection 4 (1) or when making an election to resume a surname under

subsection 12.0.2 (2), in which case this

section ceases to apply to them.

Clarification

(6) For

greater certainty, if a person revokes the joint declaration when applying for

a change of name under subsection 4 (1),

(

a) they

do not need to give the person with whom they filed the joint declaration

notice of the application, despite subsection (2) of this section; and

(

b) the

application need not state the full name of the other person who made the joint

declaration, its date and the place where it was made, despite subsection

(4) of this section.

Resuming

pre-election surname

Application

12.0.2

(1) This

section applies to a person who elected before April 30, 2021 to change their

surname under

section 3, before that

section was repealed on that date, to,

(

a) the

surname that their spouse had immediately before their marriage;

(

b) a

surname consisting of the surnames that both spouses had immediately before

their marriage, hyphenated or combined;

(

c) the

surname that the person with whom they filed a joint declaration under

subsection 3 (6), before

section 3 was repealed, had immediately before their

conjugal relationship; or

(

d) a

surname consisting of the surnames that both they and the person with whom they

filed a joint declaration under subsection 3 (6), before

section 3 was

repealed, had immediately before their conjugal relationship, hyphenated or

combined.

Election

to resume surname

(2) The

person may elect to resume the surname that they had immediately before the

marriage or conjugal relationship.

Exception

(3) Subsection

(2) does not apply if the person, after the election referred to in subsection

(1), had any of their names changed under,

(

a) an

application under subsection 4 (1) or 5 (1);

(

b) the

law of a province or territory of Canada, other than Ontario; or

(

c) the

law of a foreign state.

Exception

to the exception

(4) Despite

subsection (3), subsection (2) does apply if the person’s most recent change of

name was an election under

section 3 before it was repealed, and the person is

electing to resume the surname that they had immediately before the marriage or

conjugal relationship that that election related to.

Clarification

(5) For

greater certainty, nothing in this

section prohibits an application for a

change of name under subsection 4 (1) or 5 (1).

Procedure

(6) A

person who wishes to make an election under subsection (2) shall do so in the

prescribed manner, pay the required fee, if any, and provide all the prescribed

documents that are in the person’s possession.

Police

records check

(7) A

person who wishes to make an election under subsection (2) shall provide the

Registrar General with a police records check, as described in subsections 6

(9) and (10), if it would be required for an application under subsection 4 (1)

or 5 (1).

notice required

(8) A

person who elects to change their surname under this

section need not inform

the other spouse or person with whom they filed a joint declaration under

subsection 3 (6) before

section 3 was repealed.

Certificate

(9) On

receiving the fee, if any, and documents, the Registrar General shall, in

accordance with the Vital Statistics Act ,

(

a) if

the person’s birth was registered in Ontario under that Act or a predecessor of

it, register the change of name, note it on the birth registration and issue a

change of name certificate and a new birth certificate to the person; or

(

b) if

the person’s birth was not registered in Ontario under that Act or a

predecessor of it, register the change of name and issue a change of name

certificate to the person.

Application

of other sections

(10) Sections

7.1 and 8 apply with respect to a change of name requested under this section,

and for that purpose, the following modifications apply:

1. A

reference in

section 7.1 or 8 to an application for a change of name shall be

read as a reference to a request for an election under this section.

2. The

reference in subsection 7.1 (1) to

section 4 or 5 shall be read as a reference

to this section.

3. The

reference in subsection 7.1 (3) to subsections 7 (1) and (2) shall be read as a

reference to subsection (9) of this section.

4. The

reference in subsection 7.1 (3) to subsection 6 (9) shall be read as a

reference to subsection (7) of this section.

5. Clause

8 (1) (

c) does not apply.

Outstanding

elections

12.0.3

(1) This

Act, as it read immediately before April 30, 2021, continues to apply with

respect to an election received by the Registrar General before April 30, 2021

to change the person’s surname under

section 3, as that

section read

immediately before it was repealed on that date.

Repeal

(2) This

section is repealed on October 31,

Section 13 of the Act is repealed and the following substituted:

Regulations

The

Lieutenant Governor in Council may make regulations governing anything that, in

this Act, may or must be prescribed or done by regulation.

Vital

Statistics Act

(1) Subsection 30.1 (1) of the Vital Statistics

Act is repealed.

(2) Section

30.1 of the Act is amended by adding the following subsection:

Same

(3) On

receiving the fee, if any, and documents required by

section 12.0.2 of the Change of Name Act , the Registrar General shall comply

with subsection 12.0.2 (9) of that Act.

Commencement

This

Schedule comes into force on the later of April 30, 2021 and the day the Better for People, Smarter for Business Act, 2020

receives Royal Assent.

Schedule 4

Family Responsibility and Support Arrears Enforcement Act, 1996

(1) Section 6 of the Family Responsibility and

Support Arrears Enforcement Act, 1996 is amended by adding the following

subsection:

Methods

of paying support

(1.0.1) In

carrying out his or her duties under subsection (1), the Director may determine

methods of payment that may be used by a payor to pay amounts owing under a

support order.

(2) Subsection

6 (1.1) of the Act is amended by adding “including policies and procedures

respecting the method of payment to be used by a payor” after “subsection (1)”.

Subsection 20 (1) of the Act is amended by striking out “and to any alternative

payment order made under

section 28” and substituting “to any alternative

payment order made under

section 28 and to any decision of the Director to use

a different method of payment”.

Subsection 27 (7) of the Act is amended by striking out “or 23 (4)”.

Subclause 35 (6) (a) (ii) of the Act is amended by striking out “or paternity

agreement”.

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 5

Fish and Wildlife Conservation Act, 1997

The Fish and Wildlife Conservation Act, 1997 is

amended by adding the following section:

Amendments

to licences and authorizations

62.1

(1) The

Minister may amend a licence or authorization,

(

a) with

the consent of the holder of the licence or authorization; or

(

b) without

the consent of the holder of the licence or authorization if the Minister is of

the opinion that the amendment is reasonably necessary for the conservation or

management of wildlife or fish.

Exception

(2) Subsection

(1) does not authorize an amendment of the prescribed conditions to which a

licence is subject under subsection 62 (1).

Notice

of amendment

(3) The

Minister shall give a notice of the amendment to the holder of the licence or

authorization in accordance with subsection (4).

Methods

of giving notice

(4) The

notice of amendment shall be,

(

a) delivered

personally;

(

b) sent

by mail addressed to the holder of the licence or authorization at the holder’s

last known address; or

(

c) given

by any other method prescribed by the regulations.

Receipt

of notice

(5) The

notice of amendment is deemed to have been received by the holder of the

licence or authorization,

(

a) if

it is delivered personally, on the day it is received;

(

b) if

it is sent by mail, on the fifth day after mailing, unless the holder of the

licence or authorization establishes that he or she did not, acting in good

faith, through absence, accident, illness or other cause beyond his or her

control, receive the notice until a later date; or

(

c) if

it is given by a method prescribed by the regulations, on the day prescribed by

the regulations.

Effective

date

(6) The

amendment takes effect on the day the notice of amendment is deemed to be

received under subsection (5).

Proof

of amendment

(7) The

holder of a licence or authorization who receives a notice of amendment shall

attach the notice to the licence or authorization or otherwise keep the notice

with the licence or authorization.

(1) Paragraph 35 of

section 112 of the Act is repealed and the

following substituted:

35. governing

aquaculture;

(2) Paragraph

49.1 of

section 112 of the Act is amended,

(

a) by

striking out “for the purpose of clause 76 (1) (c)” and substituting “for the

purposes of clauses 62.1 (4) (

c) and 76 (1) (c)”; and

(

b) by

striking out “for the purpose of clause 76 (2) (c)” and substituting “for the

purposes of clauses 62.1 (5) (

c) and 76 (2) (c)”.

Subsection 113 (1) of the Act is amended by adding the following paragraph:

6.1 prescribing,

for the purposes of clause 47 (1) (a), species of fish that may be cultured.

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

schedule 6

Forfeited Corporate Property Act, 2015

Section 9 of the Forfeited Corporate Property Act, 2015

is amended by adding the following subsection:

Same,

revived corporation

(2) For

greater certainty, the revival of a prior corporate owner does not entitle the

prior corporate owner to any interest or income received by the Crown in

connection with forfeited corporate property while the corporation was

dissolved.

The Act is amended by adding the following

section before the heading

“Management of Forfeited Corporate Property”:

Agreements

re forfeited corporate property

10.1 The Minister may enter

into agreements respecting the management and disposition of forfeited

corporate property.

(1) Subsection 16 (1) of the Act is amended by striking out “as

living accommodation” at the end.

(2) Clauses

16 (2) (

a) and (

b) of the Act are repealed and the following substituted:

(

a) directing

any persons occupying the property to vacate the property on or before the date

specified in the notice;

(

b) directing

the removal of the personal property of any person occupying the property on or

before the specified date; and

Section 25 of the Act is amended by adding the following subsection:

Condominium

Act, 1998

(5) Any

disposition of forfeited corporate real property by the Minister is subject to

the restrictions in sections 11 and 139 of the Condominium

Act, 1998 .

Subsection 26 (6) of the Act is amended by adding the following clause:

(b.1) whether

the property was owned by the prior corporate owner as a tenant in common;

Section 28 of the Act is repealed.

(1) Subsection 29 (1) of the Act is amended by striking out

“described in subsection (2)” in the portion before paragraph 1 and

substituting “in accordance with subsections (1.1) and (2)”.

(2) Subsection

29 (1) of the Act is amended by adding the following paragraph:

0.1 Any

other co-owners registered on title to the property.

(3) Subsection

29 (1) of the Act is amended by adding the following paragraphs:

2.1 A

board of a local roads area established under the Local

Roads Boards Act .

2.2 A

Local Services Board established under

Part I of the Northern

Services Boards Act .

(4) Section

29 of the Act is amended by adding the following subsection:

Transfer

to co-owner

(1.1) Any

type of property may be transferred under this

section if the property is

transferred to a co-owner.

(5) Subsection

29 (2) of the Act is amended by adding “if the property is not transferred to a

co-owner” at the end of the portion before paragraph 1.

(6) Paragraph

2 of subsection 29 (2) of the Act is amended by striking out the portion before

subparagraph i and substituting the following:

2. A

lot or block on a plan of subdivision, provided that,

. . . .

(7) Subparagraph

2 i of subsection 29 (2) of the Act is amended by striking out “a walkway or a

pathway” and substituting “constitutes a means of access, such as a walkway, roadway,

laneway, pathway, lagoon or other waterway”.

(8) Subsection

29 (7) of the Act is repealed and the following substituted:

Content

of order

(7) The

order shall direct that any changes necessary to effect the transfer be made to

the parcel register.

(1) Subsection 30 (1) of the Act is amended by adding the following

paragraph:

2.1 Amounts

owed to the Crown under an agreement.

(2) Section

30 of the Act is amended by adding the following subsection:

Same

(3) If

a prior corporate owner is revived, amounts determined under subsection (1) may

be recovered from the corporation.

The Act is amended by adding the following section:

Remedies

Availability

of remedies

34.1 For greater certainty,

(

a) a

vesting order may not be granted under

section 100 of the Courts

of Justice Act in respect of forfeited corporate property;

(

b) a

declaratory order may be granted in respect of forfeited corporate property;

and

(

c) forfeited

corporate real property may be sold in power of sale proceedings in accordance

with clause 242 (1) (

d) of the Business Corporations Act .

Section 39 of the Act is repealed.

Co-operative

Corporations Act

The Co-operative Corporations Act is amended by

adding the following section:

Availability

of co-operative’s property to satisfy judgments

168.1

(1) Despite

clause 168 (1) (c), this

section applies if, as a result of the dissolution of

a co-operative, property becomes forfeited corporate property within the

meaning of the Forfeited Corporate Property Act, 2015 .

Same,

property to which Forfeited Corporate Property Act, 2015

applies

(2) Property

described in subsection (1) to which the Forfeited

Corporate Property Act, 2015 applies is no longer available to satisfy a

judgment, order or decision against the co-operative or to be sold in power of

sale proceedings after the earliest of,

(

a) the

day the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 disposes of the

Crown’s interest in the property;

(

b) the

day an order cancelling encumbrances against the property under

section 18 of

the Forfeited Corporate Property Act, 2015 takes

effect;

(

c) in

the case of real property, the day a notice under

section 24 of the Forfeited Corporate Property Act, 2015 , indicating that

the Crown intends to use the property for Crown purposes, is registered on

title to the property; and

(

d) in

the case of personal property, the day the Crown begins to use the property for

Crown purposes.

Same,

property to which Escheats Act, 2015 applies

(3) Property

described in subsection (1) to which the Escheats Act,

2015 applies is no longer available to satisfy a judgment, order or

decision against the co-operative or to be sold in power of sale proceedings

after the earliest of,

(

a) the

day the Public Guardian and Trustee takes possession of the property;

(

b) the

day the Public Guardian and Trustee disposes of the Crown’s interest in the

property; and

(

c) the

day the Crown begins to use the property for Crown purposes.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Better for People, Smarter for Business Act, 2020

receives Royal Assent.

(2) Sections

5 and 6, subsections 7 (1), (2), (4), (5) and (8) and sections 10 and 11 come

into force on the later of January 1, 2021 and the day the Better for People, Smarter for Business Act, 2020

receives Royal Assent.

Schedule 7

Insurance Act

The definition of “industrial contract” in

section 1 of the Insurance Act is repealed.

Subsection 36 (1) of the Act is amended by striking out “printed and published

forthwith” and substituting “published on the website of the Authority

promptly”.

(1) Paragraph 15.0.1 of subsection 121 (1) of the Act is repealed.

(2) Paragraph

23.1 of subsection 121 (1) of the Act is amended by striking out “defining

serious impairment of an important physical, mental or psychological function

for the purpose of

section 267.1 and” at the beginning.

(3) Paragraph

23.2 of subsection 121 (1) of the Act is amended by striking out “serious

impairment of an important physical, mental or psychological function for the

purposes of

section 267.1 or”.

Subsection 179.1 (4) of the Act is repealed and the following substituted:

Same

(4) Despite

subsection (3), if the court considers it just to do so, it may dispense with

the notice to a person other than,

(

a) the

insurer; or

(

b) if

the contract is a contract of group insurance or of creditor’s group insurance,

the insured.

Clause 182 (2) (

a) of the Act is amended by striking out “or, in the case of an

industrial contract, twenty-eight days from and excluding the day on which the

premium is due”.

(1) Subsections 224 (2) to (5) of the Act are repealed.

(2) Section

224 of the Act is amended by adding the following subsections:

Transition

(8) The

following provisions, as they read immediately before the day

section 8 of

Schedule

7 to the Better for People, Smarter for Business Act, 2020

came into force, continue to apply to proceedings commenced before that day:

Section

Section

Section

267.1.

4. Subsection

267.5 (1).

Same

(9) Sections

266 to 267.1, as they read immediately before the day

section 8 of

Schedule 7

to the Better for People, Smarter for Business Act, 2020

came into force, continue to apply to new proceedings for loss or damage from

bodily injury or death arising from the use or operation, before November 1,

1996, of an automobile in Canada, the United States of America or a

jurisdiction designated in the Statutory Accident Benefits

Schedule , during the applicable periods as provided for in those

sections.

Section 232.1 of the Act is repealed.

Sections 266 to 267.1 of the Act are repealed.

Clauses 267.2 (1) (

a) and (

b) of the Act are amended by adding “as it read

immediately before the day

section 8 of

Schedule 7 to the Better

for People, Smarter for Business Act, 2020 came into force” after “267.1

(8)” wherever it appears.

Subsection 267.4 (1) of the Act is amended by striking out “section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into

force” and substituting “November 1, 1996”.

Paragraphs 2 and 3 of subsection 267.5 (1) of the Act are repealed and the

following substituted:

2. Damages

for income loss suffered more than seven days after the incident and before the

trial of the action in excess of 70 per cent of the amount of gross income that

is lost during that period, as determined in accordance with the regulations.

3. Damages

for loss of earning capacity suffered after the incident and before the trial

of the action in excess of 70 per cent of the loss of earning capacity during

that period, as determined in accordance with the regulations.

Subsection 268 (1.4) of the Act is amended by striking out “section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into

force” in the portion before clause (

a) and substituting “November 1, 1996”.

Subsection 268.1 (1) of the Act is amended by striking out “after 1994”.

Subsection 306.1 (4) of the Act is repealed and the following substituted:

Same

(4) Despite

subsection (3), if the court considers it just to do so, it may dispense with

the notice to a person other than,

(

a) the

insurer; or

(

b) if

the contract is a contract of group insurance or of creditor’s group insurance,

the insured.

Clause 426 (3) (

a) of the Act is amended by striking out “other than industrial

policyholders” at the end.

(1) The definition of “changeover date” in subsection 431.1 (1) of

the Act is amended by adding “as it read immediately before the day subsection 16

(2) of

Schedule 7 to the Better for People, Smarter for

Business Act, 2020 came into force” at the end.

(2) Subsections

431.1 (2) to (8) of the Act are repealed.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Better for People, Smarter for Business Act, 2020

receives Royal Assent.

(2) Sections

3 and 6 to 13 come into force on a day to be named by proclamation of the

Lieutenant Governor.

sCHEDULE 8

mINING aCT

Clause (

c) of the definition of “anniversary date” in subsection 1 (1) of the Mining Act is amended by striking out “subsection 64

(5) or 67 (2)” and substituting “subsection 64 (5), 67 (2) or 73.1 (3)”.

The Act is amended by adding the following section:

Minister’s

orders in special circumstances

73.1

(1) If the

Minister is satisfied that special circumstances exist, the Minister may,

without an application and on the Minister’s own initiative, make any of the

following orders with respect to all mining claims or one or more classes of mining

claims:

1. An

order described in subsection 67 (1).

2. An

order described in subsection 73 (1).

When

order may be made

(2) The

Minister may make an order under this

section with respect to a mining claim

before or after its anniversary date.

anniversary date changed

(3) If

the Minister makes an order described in subsection 67 (1) excluding a period

of time for doing something under this Act, subsection 67 (2) applies with

necessary modifications with respect to the applicable anniversary dates.

order made after anniversary date

(4) If

the Minister makes an order under this

section with respect to a mining claim

after its anniversary date, the claim holder’s interest in the mining claim is

deemed not to have ceased under

section 72 and the mining claim is deemed not

to be forfeit under that section.

Copy

of order sent to recorder

(5) The

Minister shall promptly provide a copy of an order made under this

section to

the recorder’s office.

Posting

and filing copy

(6) On

receiving a copy of the order, a recorder shall,

(

a) promptly

note the order in the mining lands administration system and record the order

on the abstract of the mining claims to which the order applies, and may post

the order on the Internet; and

(

b) take

the steps necessary to give effect to the order.

Not

a regulation

(7) Part

III (Regulations) of the Legislation Act, 2006 does

not apply with respect to an order made under this section.

(1) Subsection 81 (6) of the Act is amended by striking out “(8),

(9) and (10)” and substituting “(8) and (10)”.

(2) Subsection

81 (6.1) of the Act is amended by adding “through the mining lands

administration system” after “shall be made”.

Subsection 82 (4) of the Act is amended by adding “through the mining lands

administration system” after “shall be made”.

(1) Subsection 83 (5) of the Act is amended by striking out “(9),

(9.1)”.

(2) Section

83 of the Act is amended by adding the following subsection:

Reduction

or waiver of interest owing

(8) The

Minister may reduce or waive the amount of any interest added to rental

payments under subsection (7).

Subsection 84 (6) of the Act is amended by striking out “(9), (9.1)”.

The Act is amended by adding the following section:

Adjoining

fractions and gores

85.1

(1) If an

adjoining fraction or gore is identified that the Minister determines should

form part of a lease of a mining claim, the Minister may direct that the

fraction or gore be included in the lease without the fraction or gore being

registered as a mining claim.

Same

(2) Subsection

(1) applies regardless of whether the fraction or gore is identified through

the surveying of the mining claim in relation to an application for the lease

or at some other time before the issuance of the lease.

Section 138 of the Act is amended by adding the following subsection:

Same,

effect on leases

(2.1) If

a recorder grants an extension of time under subsection (2) in relation to an

application to renew a lease under this Act, the lease is deemed not to expire

or have expired, as the case may be, until the expiry of the extension of time.

Subsection 185 (5) of the Act is repealed.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Better for People, Smarter for Business Act, 2020

receives Royal Assent.

(2) Subsection

3 (2) and sections 4, 8 and 9 come into force on a day to be named by

proclamation of the Lieutenant Governor.

Schedule 9

Ministry of the Environment Act

The Ministry of the Environment Act is amended by

adding the following section:

Fees

(1) Subject to subsection (2), the Minister may make regulations,

(

a) requiring

the payment of fees for the supply of,

(

i) copies

of any document or information in the custody or under the control of the

Ministry, or

(ii) statements

containing information from or about a document or information in the custody

or under the control of the Ministry;

(

b) governing

the amount of, or methods of calculating the amount of, fees provided for in

clause (a);

(

c) providing

for the refund, in whole or in part, of a fee provided for in clause (a).

fees for FIPPA

(2) A

regulation under this

section may not require the payment of a fee in respect

of a request for access to a record pursuant to the Freedom

of Information and Protection of Privacy Act .

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 10

Ministry of Training, colleges and Universities act

The Ministry of Training, Colleges and Universities Act

is amended by adding the following section:

Exemption, development charges

6.1

(1) Land

vested in or leased to a university that receives regular and ongoing operating

funds from the government for the purposes of post-secondary education is

exempt from development charges imposed under the Development

Charges Act, 1997 if the development in respect of which development

charges would otherwise be payable is intended to be occupied and used by the

university.

Same

(2) For

greater certainty, the exemption from development charges referred to in

subsection (1) applies with respect to land described in that subsection

regardless of whether an application referred to in clause 26.2 (1) (

a) or (

b) of the Development Charges Act, 1997 has been made with

respect to that land on or before the day

section 1 of

Schedule 10 to the Better for People, Smarter for Business Act, 2020 comes

into force.

Same

(3) Nothing

in this

section limits the application of an exemption from development charges

provided in any other Act with respect to a university described in subsection

(1).

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 11

Niagara Parks Act

The following provisions of the Niagara Parks Act

are amended by striking out “the Treasurer of Ontario” or “Treasurer” wherever they

appear and substituting in each case “the Minister of Finance”:

1. Subsection

5 (2).

2. Subsection

16 (2).

Section

Section 19 of the Act is amended by striking out “designated by the Lieutenant

Governor in Council” at the end and substituting “appointed by the Commission”.

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 12

Northern Services Boards Act

1 The definition of “Minister” in

section 1 of

the Northern Services Boards Act is repealed and

the following substituted:

“Minister”

means the Minister of Energy, Northern Development and Mines or such other

member of the Executive Council to whom responsibility for the administration

of this Act may be assigned or transferred under the Executive

Council Act ; (“ministre”)

(1) Clause 3 (4.1) (

b) of the Act is amended by striking out “by

mail and by electronic mail”.

(2) Subsection

3 (4.2) of the Act is amended by striking out “mailing” and substituting

“sending”.

The Act is amended by striking out “by registered mail” wherever it appears.

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 13

Official Notices Publication Act

The

short title of the Official Notices Publication Act

is repealed and the following substituted:

Ontario

Gazette Act

Section 1 of the Act is amended by striking out “at the times and in the form

and style now established or at such times or in such form and style as the

Lieutenant Governor in Council may order” at the end and substituting “at the

times and in the form and style determined by the Queen’s Printer”.

Evidence

Act

(1) Section 25 of the Evidence Act is

amended by striking out “printed” and substituting “published”.

(2) Clause

26 (

e) of the Act is amended by striking out “printed” and substituting

“published”.

(3) Section

28 of the Act is amended by striking out “printed” and substituting

“published”.

Financial

Administration Act

Subsection 24 (2) of the Financial Administration Act

is amended by striking out “ Official Notices Publication

Act ” and substituting “ Ontario Gazette Act ”.

Legislation

Act, 2006

(1) Clause 2 (

c) of the Legislation Act, 2006 is

amended by striking out “printed” and substituting “published”.

(2) The

following provisions of the Act are amended by striking out “in the print

version of The Ontario Gazette ” wherever it appears

and substituting in each case “in The Ontario Gazette ”:

1. Paragraph

3 of subsection 23 (2).

2. Subsections

24 (1), (2), (3) and (5).

3. Clause

25 (1) (

b) and subsection 25 (2).

4. Subsection

27 (3).

Section

Revocation

Ontario Regulation 530/73 (The Ontario Gazette — Style), made under the Act, is

revoked.

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Schedule 14

Ontario Energy Board Act, 1998

Clause (c.1) of the definition of “enforceable provision” in

section 3 of the Ontario Energy Board Act, 1998 is repealed.

Subsection 70 (2.2) of the Act is repealed.

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 15

Ontario Highway Transport Board REPEAL ACT, 2020

Dissolution

of Board

The

Ontario Highway Transport Board is dissolved and all its assets and liabilities

are hereby transferred to and vested in the Crown in right of Ontario without

compensation.

Continued

immunity

(1) No

former member of the Board and no former officer, agent or employee of the

Board is personally liable for anything done by him or her in good faith under

the authority of the Ontario Highway Transport Board Act

before its repeal.

Protection

from being called as witnesses

(2) No

former member of the Board or any of its staff is required to give testimony in

any civil suit with regard to information obtained by the former member or

staff in the discharge of his or her official duty.

Costs

orders unaffected

order as to costs made by the Ontario Highway Transport Board under

section 24

of the Ontario Highway Transport Board Act before

its repeal is not affected by the repeal of the Act.

Transitional

regulations

(1) The

Minister of Transportation may make regulations,

(

a) establishing

a transition period before the repeal of the Ontario

Highway Transport Board Act during which the application of the Act will

be phased out;

(

b) providing

that a provision or requirement of the Ontario Highway

Transport Board Act ceases to apply, applies in a modified way or only

applies, either as written or in a modified way, to specified geographic areas

or specified persons or for a specified period during the transition period;

(

c) governing

the continuation or conclusion of hearings commenced under the Ontario Highway Transport Board Act before its repeal;

(

d) governing

other transitional matters that may arise due to the anticipated repeal of the Ontario Highway Transport Board Act .

Conflict

(2) In

the event of a conflict between the Ontario Highway

Transport Board Act and a regulation made under subsection (1) of this

section, the regulation made under subsection (1) prevails.

Repeal

of Act

The Ontario Highway Transport Board Act is

repealed.

Commencement

(1) Subject to subsection (2), the Act set out in this

Schedule

comes into force on the day the Better for People, Smarter

for Business Act, 2020 receives Royal Assent.

(2) Sections

1, 2, 3 and 5 come into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of the Act set out in this

Schedule is the Ontario Highway Transport Board Repeal Act, 2020 .

Schedule 16

Ontario New Home Warranties Plan Act

(1) Clause 22.1 (

z) of the Ontario New Home

Warranties Plan Act is repealed and the following substituted:

(

z) governing

any transitional matter the Lieutenant Governor in Council considers necessary

or advisable to facilitate the effective implementation of,

(

i) a

revocation by the Lieutenant Governor in Council of a designation under

subsection 2 (5),

(ii) the

repeal of all or any part of this Act and its replacement in full or in part by

another Act, or

(iii) amendments

to this Act arising from the enactment of

Schedule 5 to the Rebuilding Consumer Confidence Act, 2020 ;

(2) Section

22.1 of the Act is amended by adding the following subsection:

(2) Without

limiting the generality of clause (1) (z), a regulation made under that clause

may provide rules governing,

(

a) the

enrolment and qualification for enrolment of homes in the Plan;

(

b) the

(

c) the

continuation of agreements between a registrant or another person and the

Corporation;

(

d) the

continuation of anything provided to the Corporation by a registrant or another

person, including any security, guarantee, indemnity, information or document;

(

e) any

problems or issues arising from anything mentioned in subclause (1) (z) (i),

(ii) or (iii).

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 17

Ontario Water Resources Act

The Ontario Water Resources Act is amended by adding the

following section:

Municipal

support for water bottling application

34.0.1

(1) A person

to whom this

section applies shall not make an application under

section 34.1

for a permit to take ground water for the purpose of producing bottled water,

or to increase the amount of ground water the person is permitted to take for

the purpose of producing bottled water, unless the person,

(

a) has

requested the council of the local host municipality to pass a municipal

council resolution supporting the proposed ground water taking; and

(

b) having

made the request, is permitted to proceed with the application under this

section.

Application

of section

(2) This

section applies to a person who intends to take a total of 379,000 litres or

more of ground water per day from one or more locations in the local host

municipality for the purpose of producing bottled water, whether under a new

permit or by increasing the amount the person is entitled to take pursuant to

an existing permit.

Making

request

(3) A

person who makes a request to the council of a local host municipality under

this section,

(

a) shall

give the request to the council together with a description of the proposed ground

water taking, including,

(

i) the

location of the ground water taking,

(ii) the

amount of ground water the applicant would be authorized to take if the

application under

section 34.1 is granted, and

(iii) any

technical studies that would support the application; and

(

b) shall

give the Director notice of the request together with the information described

in subclauses (a) (

i) and (ii).

Resolutions

(4) The

council of a local host municipality that receives a request under this

section

may pass a municipal council resolution,

(

a) supporting

the application; or

(

b) objecting

to the application.

Copy

of resolution

(5) The

council of a local host municipality that passes a municipal council resolution

under this

section shall give a copy of the resolution to the person making the

request and to the Director.

Where

support

(6) Where

the council of a local host municipality has passed a municipal council

resolution under clause (4) (

a) supporting the application, the person who made

the request may proceed with the application under

section 34.1.

Where

objection

(7) Where

the council of a local host municipality has passed a municipal council

resolution under clause (4) (

b) objecting to the application, the person who

made the request may not proceed with the application under

section 34.1,

subject to subsection (8).

Where

objection withdrawn

(8) Where

the council of a local host municipality has passed a municipal council

resolution under clause (4) (

b) objecting to an application, then passes a

subsequent resolution withdrawing the objection, the person who made the

request may proceed with the application under

section 34.1.

Where

support withdrawn

(9) Where

the council of a local host municipality has passed a municipal council

resolution supporting an application, then passes a subsequent resolution

withdrawing the support, the person making the request is not prohibited from

proceeding with the application under

section 34.1, but the Director may take

the withdrawal of support into account in considering the application.

Where

objection reinstated

(10) Subsection

(9) applies with necessary modification where the council of a local host

municipality withdraws its objection to an application and then subsequently passes

another municipal council resolution to again object to the application.

Where

no resolution

(11) If

the council of a local host municipality does not pass a municipal council

resolution under subsection (4) within 12 months of being given a request under

this section, the person who made the request may proceed with the application

under

section 34.1.

Duration

of effect

(12) Where

a municipal council resolution has been passed under this

section supporting an

application or withdrawing an objection to an application and the person making

the request has not applied under

section 34.1 within five years from the date

of passage, the person making the request may not proceed with the application

unless they comply with all of the requirements of this

section as if the first

request had never been made.

Regulations

(13) The

Lieutenant Governor in Council may make regulations clarifying and governing

the application of this section.

Not

in public utilities sphere

(14) For

greater certainty, a municipal council resolution described in this

section is not a matter that falls within item 4f of the public

utilities sphere of jurisdiction in the Table to

section 11 of the Municipal Act, 2001 .

Definitions

(15) In

this section,

“bottled

water” means potable water that is intended for human consumption and that is

packaged in bottles or other portable containers; (“eau embouteillée”)

“local

host municipality” means the local municipality where the taking of ground

water or increased taking of ground water for the purpose of producing bottled

water would take place; (“municipalité locale hôte”)

“local

municipality” has the meaning assigned to it by subsection 1 (1) of the Municipal Act, 2001 . (“municipalité locale”)

Commencement

This

Schedule comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Schedule 18

Pension Benefits Act

Subsection 79.2 (7) of the Pension Benefits Act is

repealed and the following substituted:

Duty

of administrator

(7) The

administrator of each pension plan shall comply with such requirements as may

be prescribed with respect to the giving of notice of the transfer of assets

between the pension plans, including requirements respecting the time within

which the notice must be given and the information that must be contained in

it.

Same

(7.1) The

administrator of each pension plan shall comply with such other requirements as

may be prescribed with respect to the transfer of assets between the pension

plans.

Section 80 of the Act is amended by adding the following subsection:

Waiver

of notice requirements

(16) The

Chief Executive Officer may, if he or she considers it appropriate in the

circumstances, waive or vary the application of any provision of the

regulations that is made for the purpose of subsection 79.2 (7), or any

Authority rule made for the purpose of that subsection.

(1) Clause 80.4 (12.1) (

a) of the Act is amended by adding “or any

Authority rule made for the purpose of any of those subsections” at the end.

(2) Clause

80.4 (12.1) (

b) of the Act is repealed and the following substituted:

(

b) in

the case of a transfer of assets to a pension plan that is registered as a

jointly sponsored pension plan within nine months after the date on which an

application under subsection (11) is made in respect of the transfer to the

plan,

(

i) any

provision or Authority rule described in clause (a),

(ii) any

provision of the regulations that is made for the purposes of subsection (3),

(13) or (17), and

(iii) any

provision of the regulations that is made for the purposes of subsections 79.2

(3) to (7.1).

(1) Section 81 of the Act is amended by adding the following

subsection:

Adoption

of successor pension plan

Application

(0.1) This

section applies with respect to pension plans in either of the following

circumstances:

1. A

pension plan is established by an employer to be a successor to an existing

pension plan and the employer ceases to make contributions to the original

pension plan.

2. A

multi-employer pension plan established pursuant to a collective agreement or

trust agreement is amended to be a successor to an existing multi-employer

pension plan established pursuant to a collective agreement or trust agreement

and the participating employers cease to make contributions to the original

multi-employer pension plan.

(2) Section

81 of the Act is amended by adding the following subsection:

Waiver

of notice requirements

(8) The

Chief Executive Officer may, if he or she considers it appropriate in the

circumstances, waive or vary the application of any provision of the

regulations that is made for the purpose of subsection 79.2 (7), or any

Authority rule made for the purpose of that subsection.

Subsection 81.0.1 (13.1) of the Act is amended by adding “or any Authority rule

made for the purpose of any of those subsections” at the end.

The Act is amended by adding the following sections immediately after the

heading “Exemptions and Special Arrangements”:

Special

exemption, certain individual pension plans and designated plans

101.1

(1) An

employer of a pension plan that is an individual pension plan or a designated

plan for the purposes of the Income Tax Act (Canada),

and for which a certificate of registration has been issued under

section 16 of

this Act, may elect to be exempt from the application of this Act, the

regulations and the Authority rules, except as necessary to give effect to this

section, if the following conditions are satisfied at the time the election is

filed:

1. Every

member of the pension plan, if any, is connected with the employer within the

meaning of subsection 8500 (3) of the Income Tax

Regulations (Canada).

2. Every

former member of the pension plan, if any, and every retired member of the

pension plan, if any, was connected with the employer within the meaning of

subsection 8500 (3) of the Income Tax Regulations

(Canada) immediately before becoming a former member or retired member, as the

case may be.

3. The

following persons have consented to the exemption in accordance with subsection

(3):

i. Every

member, former member and retired member of the pension plan.

ii. Every

person who, on the day they give the consent, is not a member, former member or

retired member of the pension plan but is a spouse of a member, former member

or retired member of the pension plan who is not living separate and apart from

the member, former member or retired member on that day.

iii. Any

other person entitled to pension benefits under the pension plan.

Election

(2) The

election referred to in subsection (1) must be filed with the Chief Executive

Officer and must contain the following information:

1. The

name of the individual pension plan or designated plan and its provincial

registration number.

2. A

statement from the administrator of the pension plan certifying that, as of the

date on which the election is filed, the requirements set out in paragraphs 1

and 2 of subsection (1), as applicable, are satisfied.

3. A

statement from the administrator of the pension plan certifying that consent to

the exemption has been obtained from every person referred to in paragraph 3 of

subsection (1).

4. A

copy of every consent obtained from the persons referred to in paragraph 3 of

subsection (1).

5. A

copy of every declaration obtained from the members, former members and retired

members of the pension plan.

6. The

date on which the exemption is effective, which must be at least 14 days after the

date on which the election is filed, but no later than 60 days after that date.

7. A

statement from the employer acknowledging that, after the election is filed, no

person may become a member of the pension plan unless the person is connected with

the employer within the meaning of subsection 8500 (3) of the Income Tax Regulations (Canada) on the date on which they

become a member.

Consent

(3) For

the purposes of paragraph 3 of subsection (1), the consent of every person

referred to in paragraph 3 of subsection (1) to the exemption of a pension plan

must be signed by the person and must include both of the following:

1. A

statement that the person consents to the exemption.

2. A

statement that the person acknowledges that as a result of the exemption, this

Act, the regulations and the Authority rules would not apply to any benefits or

entitlements accrued under the pension plan, whether the benefits or entitlements

accrued before or after the effective date of the exemption.

Declaration

(4) For

the purposes of paragraph 5 of subsection (2), every member, former member and

retired member of the pension plan must sign a declaration attesting to one of

the following facts:

1. That

they have a spouse and the spouse has consented to the exemption in accordance

with subsection (3).

2. That

they were living separate and apart from their spouse on the date on which they

consented to the exemption in accordance with subsection (3).

3. That

they did not have a spouse on the date on which they consented to the exemption

in accordance with subsection (3).

Exemption

(5) The

following apply if an employer of a pension plan files an election under this

section and the requirements set out in subsections (1), (2), (3) and (4) have

been met:

1. Except

as necessary to give effect to this section, this Act, the regulations and the

Authority rules do not apply as of the effective date of the exemption set out

in the election in respect of any matter relating to the pension plan, including

in respect of any benefits or entitlements accrued under the pension plan,

whether the matter arose or the benefits or entitlements accrued before

or after the effective date.

2. The powers and duties conferred on or assigned to the Chief

Executive Officer, the Authority, the Tribunal or any other person, body or

court on or to whom powers and duties related to the enforcement of this Act,

the regulations or the Authority rules are conferred or assigned, do not apply

in respect of any matter relating to the pension plan as of the effective date

of the exemption set out in the election, including in respect of any benefits

or entitlements accrued under the pension plan, whether the matter arose or the

benefits or entitlements accrued before or after the effective date. However,

those powers and duties do apply in respect of the restriction set out in

subsection (6).

Restriction

re new members

(6) After

an election referred to in subsection (1) is filed in respect of a pension

plan, no person may become a member of the pension plan unless the person is

connected with the employer within the meaning of subsection 8500 (3) of the Income Tax Regulations (Canada) on the date on which they

become a member.

Exemption

not cancelled

(7) An

exemption under this

section continues to apply with respect to a pension plan

even if a member, former member or retired member who was connected with the

employer within the meaning of subsection 8500 (3) of the Income

Tax Regulations (Canada) ceases to be connected with the employer after

the date on which the election is filed.

Special

exemption, certain new individual pension plans and designated plans

101.2

(1) This

section applies with respect to a pension plan that is an individual pension

plan or a designated plan for the purposes of the Income

Tax Act (Canada) that is established after the day

section 6 of

Schedule

18 to the Better for People, Smarter for Business Act,

2020 comes into force and all the members of which are, as of the date

on which the pension plan is established, connected with the employer within

the meaning of subsection 8500 (3) of the Income Tax

Regulations (Canada).

Exemption

(2) The

pension plan is exempt from the application of this Act, the regulations and

the Authority rules, except as necessary to give effect to this section, as of

the date on which the pension plan is established.

Same

(3) The

powers and duties conferred on or assigned to the Chief Executive Officer, the

Authority, the Tribunal or any other person, body or court on or to whom powers

and duties related to the enforcement of this Act, the regulations or the

Authority rules are conferred or assigned, do not apply in respect of any

matter relating to the pension plan. However, those powers and duties do apply

in respect of the restriction set out in subsection (5).

registration

(4) For

greater certainty, the administrator of the pension plan shall not apply to the

Chief Executive Officer for registration of the pension plan under this Act.

Restriction

re new members

(5) After

the date on which the exemption becomes effective, no person may become a

member of the pension plan unless the person is connected with the employer

within the meaning of subsection 8500 (3) of the Income

Tax Regulations (Canada) on the date on which they become a member.

Exemption

not cancelled

(6) An

exemption under this

section continues to apply with respect to a pension plan

even if a member, former member or retired member who was connected with the

employer within the meaning of subsection 8500 (3) of the Income

Tax Regulations (Canada) ceases to be connected with the employer after

the date on which the exemption became effective.

Special

exemption, revocation of registration under Income Tax Act

(Canada)

101.3

(1) If a

pension plan’s registration under the Income Tax Act

(Canada) was revoked on or before the day

section 6 of

Schedule 18 to the Better for People, Smarter for Business Act, 2020 comes

into force and, immediately before the day on which the notice of revocation

under subsection 147.1 (13) of the Income Act (Canada)

was dated, the pension plan was an individual pension plan or a designated plan

for the purposes of that Act, the pension plan is exempt from the application

of this Act, the regulations and the Authority rules as of the day

section 6 of

Schedule 18 to the Better for People, Smarter for Business

Act, 2020 comes into force.

Same

(2) If

a pension plan’s registration under the Income Tax Act

(Canada) is revoked after the day

section 6 of

Schedule 18 to the Better for People, Smarter for Business Act, 2020 comes

into force and, immediately before the day on which the notice of revocation

under subsection 147.1 (13) of the Income Act (Canada)

was dated, the pension plan was an individual pension plan or a designated plan

for the purposes of that Act, the pension plan is exempt from the application

of this Act, the regulations and the Authority rules as of the day on which the

notice of revocation is dated.

Effect

of exemption

(3) If

a pension plan is exempt from the application of this Act, the regulations and

the Authority rules under subsection (1) or (2),

(

a) the

exemption applies in respect of any matter relating to the pension plan as of

the date on which the exemption became effective, including in respect of any

benefits or entitlements accrued under the pension plan, whether the matter

arose or the benefits or entitlements accrued before or after that date;

and

(

b) the

powers and duties conferred on or assigned to the Chief Executive Officer, the

Authority, the Tribunal or any other person, body or court on or to whom powers

and duties related to the enforcement of this Act, the regulations or the

Authority rules are conferred or assigned, do not apply in respect of any

matter relating to the pension plan as of the date on which the exemption

became effective, including in respect of any benefits or entitlements accrued under

the pension plan, whether the matter arose or the benefits or entitlements

accrued before or after that date.

Subsection 115.1 (1) of the Act is amended by adding the following paragraphs:

27. Prescribing

notice requirements for the purposes of subsection 79.2 (7).

28. Prescribing

notice requirements for the purposes of subsection 80.4 (4).

29. Prescribing

notice requirements for the purposes of subsection 80.4 (5).

30. Prescribing

notice requirements for the purposes of subsection 80.4 (9).

31. Prescribing

notice requirements for the purposes of subsection 80.4 (12).

32. Prescribing

notice requirements for the purposes of subsection 81.0.1 (5).

33. Prescribing

notice requirements for the purposes of subsection 81.0.1 (6).

34. Prescribing

notice requirements for the purposes of subsection 81.0.1 (10).

35. Prescribing

notice requirements for the purposes of subsection 81.0.1 (13).

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

SChedule 19

Personal Property Security Act

The Personal Property Security Act is amended by

adding the following Part:

Part

V.1

VExatious registrations

Definitions

66.1

(1) In this

Part,

“discharge”

includes a partial discharge; (“mainlevée”)

“vexatious

registration” means the registration of a document that,

(

a) the

registrar considers to have been tendered,

(

i) for

the purpose of annoying or harassing the person named as the debtor in the

document, or

(ii) for

any other improper purpose, and

(

b) has

been tendered by or on behalf of a person who,

(

i) does

not hold the security interest referred to in the document, or

(ii) is

claiming an interest that is not registrable under this Act. (“enregistrement

vexatoire”)

Reference

to “document”

(2) A

reference to a “document” in this

Part is a reference to a

financing statement, a financing change statement, a claim for lien, a change

statement or any other document being tendered for registration in the

registration system.

Application

66.2 This Part applies in

relation to,

(

a) every

document tendered for registration before or after the coming into force of

this section; and

(

b) every

registration in the registration system before or after the coming into force

of this section.

Rejection

of vexatious registration

66.3

(1) The

registrar may reject a document that, if registered, would result in a

vexatious registration.

Reasons

and right to appeal

(2) The

registrar shall give each person who is named as a secured party on the document,

(

a) written

reasons for rejecting the document; and

(

b) at

the same time, notice of the right to appeal the decision to the Divisional

Court.

Discharge

of vexatious registration

66.4

(1) The

registrar may discharge a vexatious registration,

(

a) on

his or her own initiative; or

(

b) in

response to a written request from any person who is affected by the

registration.

Same

(2) A

request referred to in clause (1) (

b) must explain why the registration is a

vexatious registration.

Notification

of other affected parties

(3) The

registrar may notify such other persons who may be affected by the registration

as the registrar considers appropriate that a request referred to in clause (1)

(

b) has been received.

Registrar

may require information

(4) The

registrar may require a person who has made a request referred to in clause (1)

(

b) to provide information or material that the registrar considers to be

necessary in order to make a determination or otherwise act under this Part.

Reasons

and right to appeal

(5) The

registrar shall give each person affected by the registration that the

registrar considers appropriate,

(

a) written

reasons for discharging the registration or for a decision not to discharge the

registration; and

(

b) at

the same time, notice that,

(

i) in

the case of a decision to discharge the registration, any person named as a

secured party on the registration has a right to appeal the decision to the

Divisional Court, or

(ii) in

the case of a decision not to discharge the registration, the person who made

the request referred to in clause (1) (

b) has a right to appeal the decision to

the Divisional Court.

Appeal

to Divisional Court

66.5

(1) The

rejection of a document under

section 66.3 may be appealed to the Divisional

Court by any person who is named as a secured party on the document.

Same

(2) The

discharge of a registration under

section 66.4 may be appealed to the

Divisional Court by any person who is named as a secured party on the

registration.

Same

(3) A

decision not to discharge a registration under

section 66.4 may be appealed to

the Divisional Court by the person who made the request referred to in clause

66.4 (1) (b).

How

to appeal

(4) To

appeal under this section, the appealing party shall file a notice of appeal with

the Divisional Court within 14 days after receiving the registrar’s written

reasons and give a copy of the notice to the registrar and any other person who

is affected by and named in the document or registration, as the case may be.

Registrar

a party

(5) The

registrar is a party to the appeal.

Powers

of court

(6) On

the appeal, the court may,

(

a) affirm

or reverse the registrar’s decision or make any decision that the registrar could

make under this Part;

(

b) in

the case of a re-registration of a discharged registration, give directions as

to priority; and

(

c) make

any other order the court considers appropriate, including an order as to

costs.

Compliance

with court order — notice not required

66.6 Where the registrar registers

a document or discharges a registration in accordance with a court order under

section 66.5, the registrar may do so without notice to any person named as a

secured party on the registration or to any other person affected by the

registration.

Action

not required

66.7 Subject to any court

order under

section 66.5, nothing in this

Part is to be construed as requiring

the registrar to,

(

a) reject

a document or discharge a registration; or

(

b) act

on the request of or on behalf of a person affected by a document or a registration.

Subsection 74 (1) of the Act is amended by adding the following clause:

(c.1) respecting

any matter that the Lieutenant Governor in Council considers necessary or

advisable in relation to vexatious registrations under

Part V.1;

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 20

Planning Act

(1) Subsection 50 (16) of the Planning Act

is amended by striking out “mentioned in the mortgage or charge” and substituting

“that is then subject to the mortgage or charge”.

(2) Subsection

50 (17) of the Act is repealed and the following substituted:

Saving

(17) Subsection

(16) does not apply to a partial discharge of a mortgage or partial cessation

of a charge if the land described in the partial discharge or partial cessation

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.

(3) Subsection

50 (19) of the Act is repealed and the following substituted:

Release

of interest by joint tenant or tenant in common

(19) If

two or more persons are joint tenants or tenants in common of a parcel of land

while also together holding the fee in any abutting land and one of those

tenants releases or conveys their interest in the parcel of land to one or more

of the other tenants, the tenant is deemed, for the purposes of subsections

(3) and (5), to convey the land by way of a deed or transfer and to retain the fee

in the abutting land.

(4) Subsection

50 (22) of the Act is amended by striking out “the conveyance of any interest

in the land” in the portion following clause (

d) and substituting “the

conveyance of or creation of any interest in the land”.

(1) Section 53 of the Act is amended by adding the following

subsection:

(0.1) In

this section,

“provisional

consent” means a consent given under subsection (1) in respect of which a

certificate cannot be issued under subsection (42) because,

(

a) the

20-day period mentioned in subsection (19) has not elapsed,

(

b) any

appeals under subsection (19) remain outstanding, or

(

c) conditions

have been imposed but have not been fulfilled.

(2) Subsection

53 (1) of the Act is amended by striking out “An owner of land or the owner’s

agent duly authorized in writing may apply” at the beginning and substituting “An

owner or chargee of land, or such owner’s or chargee’s agent duly authorized in

writing, may apply”.

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

Schedule 21

Private Career Colleges Act, 2005

Section 4 of the Private Career Colleges Act, 2005 is

repealed.

Paragraph 6 of subsection 55 (1) of the Act is repealed.

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Schedule 22

Public Lands Act

The definition of “Crown grant” in subsection 37 (1) of the Public Lands Act is amended by adding “but does not

include a transfer of such an interest or a grant of an easement under

section

37.2” at the end.

Subsection 37.1 (3) of the Act is repealed and the following substituted:

Order

sent to land registry office

(3) The

Minister may, in the Minister’s discretion, forward the order by which the

administration and control of public lands is transferred under this

section to

the proper land registry office.

Registration

(4) Upon

receipt of an order under subsection (3), the land registrar shall, without fee

or other charge, register the order, note particulars of the registration on a

copy and forward the copy to the person or entity receiving the transfer at the

address furnished by the Ministry.

The Act is amended by adding the following sections:

Transfers

of land without letters patent

37.2

(1) Subject

to subsections (7) and (9), this

section applies if,

(

a) the

administration and control of unpatented public lands is transferred from the

Minister to another Minister of the Crown in right of Ontario or to a Crown

agency within the meaning of the Crown Agency Act

by an order made under subsection 37.1 (1), by an order in council or under any

Act of the Province other than the Mining Act ; and

(

b) the

order, order in council or Act referred to in clause (

a) does not include a

provision requiring that,

(

i) the

administration and control of the unpatented lands be returned to the Minister

at some specified point in time or upon such other specified term, or

(ii) the

unpatented lands be used by the other Minister or Crown agency only for a

specified purpose.

Authorization

to dispose of interests, grant easements

(2) On

and after the day

section 2 of

Schedule 22 to the Better

for People, Smarter for Business Act, 2020 comes into force, a Minister

or Crown agency to whom responsibility for the administration and control of

the unpatented public lands has been transferred in accordance with subsection

(1) may,

(

a) transfer

a freehold or leasehold interest in the unpatented lands to a third party, without

letters patent being issued under the Great Seal to effect the transfer; and

(

b) grant

an easement in or over the unpatented lands to a third party.

Effectiveness

of transfer of interest

(3) A

transfer of a freehold or leasehold interest under clause (2) (

a) has the same

legal effect as a Crown grant of the interest carried out through the issuance

of letters patent.

Same,

easement

(4) An

easement granted under clause (2) (

b) is valid and legally binding on the Crown

and on all subsequent owners of the lands affected by the easement.

References

to letters patent, etc. in other legislation

(5) Subject

to anything in this section,

section 37.3 or 37.4, the following rules apply to

the

interpretation of any provision of this Act, the regulations, any other Act

including the Mining Act or any regulation made

under another Act:

1. Any

reference in the provision to letters patent or to a patent with respect to

land shall be deemed to include a reference to the instrument by which a

freehold or leasehold interest is transferred under clause (2) (a) , unless a contrary intention appears in the context of

that provision .

2. Any

reference in the provision to lands or interests in land that are patented or

granted by the Crown shall be deemed to include a reference to freehold and

leasehold interests transferred under clause (2) (a), unless a contrary

intention appears in the context of that provision.

3. Any

reference in the provision to the issuance or granting of letters patent shall

be deemed to include a reference to the transferring of freehold and leasehold

interests under clause (2) (a), unless a contrary intention appears in the

context of that provision.

4. Any

reference in the provision to a patentee shall be deemed to include a reference

to the third party to whom a freehold or leasehold interest was transferred

under clause (2) (a), unless a contrary intention appears in the context of

that provision.

Same,

exceptions

(6) Despite

subsection (5) and for greater certainty,

(

a) section

36 of this Act does not apply with respect to land that is the subject of a

transfer under clause (2) (

a) or of an easement granted under clause (2) (

b) and any reference in that

section to lands that are patented by the Crown shall

not include a reference to lands that are the subject of a transfer under

clause (2) (a);

(

b) section

24 of the Evidence Act shall not apply with respect

to instruments by which a freehold or leasehold interest is transferred under

clause (2) (

a) and any reference in that

section to letters patent shall not

include a reference to those instruments; and

(

c) section

35 of the Land Titles Act does not apply with

respect to land that is transferred to a third party under clause (2) (

a) and

any reference in that

section to land granted to a patentee shall not include a

reference to an interest in land transferred to a third party under clause (2)

(a).

Release

from reversionary clause

(7) If

an order under subsection 37.1 (1), or an order-in-council, that transfers

responsibility for the administration and control of unpatented public lands

from the Minister to another Minister or to a Crown agency contains either a provision

requiring that the administration and control of the unpatented lands be

returned to the Minister at some point in time or upon such other specified

terms or a provision requiring that the unpatented lands be used by the other

Minister or Crown agency only for a specified purpose,

(

a) the

Minister may, by order, release the other Minister or Crown agency from any

such requirement; and

(

b) upon

an order being made under clause (a), this

section applies with respect to the

order made under subsection 37.1 (1) or the order in council and with respect

to any subsequent transfers of interests or grants of easements that may be

made by the other Minister or Crown agency under subsection (2).

Registration

(8) Subsections

37.1 (3) and (4) apply with necessary modifications to an order made under

clause (7) (a).

Non-application

(9) This

section does not apply with respect to unpatented public lands that are the

subject of an order, order in council or Act described in subsection (1) if the

Minister or Crown agency that receives responsibility for the administration

and control of those lands has the authority under this Act or any other Act,

(

a) to

sell, lease or otherwise dispose of the lands, without requesting the issuance

of letters patent under the Great Seal to effect the disposition; or

(

b) to

grant an easement in or over the lands.

Validity

of previous transfers

37.3

(1) This

section applies if, before the day

section 2 of

Schedule 22 to the Better for People, Smarter for Business Act, 2020 came

into force,

(

a) the

administration and control of unpatented public lands was transferred from the

Minister to another Minister of the Crown in right of Ontario or to a Crown

agency within the meaning of the Crown Agency Act

by an order made under subsection 37.1 (1), by an order in council or under an

Act of the Province, other than the Mining Act ; and

(

b) the

Minister of the Crown or Crown agency referred to in clause (

a) purported to,

(

i) transfer

a freehold or leasehold interest in all or part of the unpatented lands

referred to in that clause to a third party, without letters patent being

issued under the Great Seal to effect the transfer of the interest, or

(ii) grant

an easement in or over the unpatented lands to a third party.

Deemed

validity

(2) If

an interest or easement in unpatented lands was transferred or granted in

accordance with clause (1) (

b) before the day

section 2 of

Schedule 22 to the Better for People, Smarter for Business Act, 2020 came

into force, then,

(

a) as

of the day the transfer of the interest was registered in the relevant land

registry office, it is deemed to have been as legally effective with respect to

the transfer of the interest in unpatented lands as a Crown grant of the

interest carried out through the issuance of letters patent would have been; or

(

b) as

of the day the easement is granted or, if registered in the relevant land

registry office, as of the day it is registered, it is deemed to have been

validly granted and legally binding on the Crown and all subsequent owners of

the lands affected by the easement.

Application

(3) Subsections

37.2 (5) and (6) apply with necessary modifications to a transfer of an

interest in unpatented lands that is deemed to be legally effective under

clause (2) (

a) and clause 37.2 (6) (

a) applies with necessary modifications to

an easement deemed to be validly granted under clause (2) (b).

Reservations,

etc. in transfers under ss. 37.2 and 37.3

37.4

(1) A Crown

transfer is subject to the reservations and conditions set out in this section.

Definition,

Crown transfer

(2) In

this section,

“Crown

transfer” means a transfer of a freehold or leasehold interest in unpatented

lands by a Minister of the Crown in right of Ontario or a Crown agency within

the meaning of the Crown Agency Act that is carried

out under

section 37.2 or deemed to be legally effective under

section 37.3.

Reservation

of ores, etc.

(3) All

ores, mines and minerals on or under the lands that are the subject of a Crown

transfer are reserved to the Crown and, for greater certainty,

(

a) section

60 does not apply to such lands;

(b) subsections

61 (1) and (2) apply with necessary modifications, to a Crown transfer carried

out before May 6, 1913 and deemed to be legally effective under

section 37.3;

and

(c) subsection

61 (3) applies, with necessary modifications, to a Crown transfer carried out

after May 6, 1913 and deemed to be legally effective under

section 37.3, or

carried out under

section 37.2, as though the reservation under this

section

was expressly reserved in the instrument by which the Crown transfer was

carried out.

Navigable

waters

(4) The

free use, passage and enjoyment of, in, over and upon all navigable waters

found on or under, or flowing through or upon, any part of the lands that are

the subject of a Crown transfer is reserved to the Crown.

Reservation

for construction of roads

(5) Five

per cent of the acreage of the lands that are the subject of a Crown transfer

is reserved to the Crown for the purpose of constructing roads and, for greater

certainty,

(

a) section

64 and subsection 65 (1) do not apply to the Crown transfer;

(b) subsection

65 (2) applies to the Crown transfer, with necessary modifications, as though

the reservation of the area for the construction of the road was contained in the

instrument by which the Crown transfer was carried out; and

(

c) section

66 applies with necessary modifications to a reservation under this subsection

as though it was a reservation relating to roads under

section 65.

Passage

over portages

(6) Subsection

65 (4) applies with necessary modifications where a portage exists over

unpatented lands at the time a Crown transfer of the unpatented lands is carried

out under

section 37.2 or deemed to be legally effective under

section 37.3.

Easements

(7) The

reservations and conditions in subsections (3), (4) and (6) apply with

necessary modifications with respect to an easement granted under

section 37.2

or deemed to be validly granted under

section 37.3.

Additional

reservations and conditions

(8) In

addition to the reservations and conditions described in subsections (3) to

(7), a Crown transfer and an easement granted under

section 37.2 or deemed to

be validly granted under

section 37.3 are subject to such reservations and

conditions as may be specified in,

(

a) the

order, order in council or statute referred to in clause 37.2 (1) (

a) by which

the administration and control of the unpatented public lands was transferred

from the Minister to another Minister or a Crown agency; or

(

b) any

order made by the Minister under subsection (9) or any order in council that

has the effect of adding a reservation or condition to an order or order in

council referred to in clause (

a) and that was made before the date of the

transfer or grant.

Same,

order

(9) If

the administration and control of unpatented public lands has been transferred

from the Minister to another Minister of the Crown in right of Ontario or to a

Crown agency within the meaning of the Crown Agency Act

by an order made under subsection 37.1 or by an order in council, the Minister

may make an order specifying reservations and conditions that apply with

respect to those lands in addition to any reservations and conditions that may

have been specified in the order under

section 37.1 or the order in council.

Registration

(10) Subsections

37.1 (3) and (4) apply with necessary modifications to an order made under

subsection (9).

Binding

future interests

(11) For

the purposes of the registration under the Land Titles Act

of an interest in unpatented lands transferred by a Crown transfer, or of an

easement granted under

section 37.2 or deemed to be validly granted under

section 37.3, any reservation or condition applicable to the Crown transfer or

easement under this

section shall apply to all subsequent interests derived

from that Crown transfer or easement, even though the reservation or condition

is not entered or shown in the register.

Amendments

to the Land Titles Act

Subsection 44 (1) of the Land Titles Act is amended

by adding the following paragraph:

7.1 Any

liabilities, rights and interests reserved to the Crown, or any conditions

imposed, in accordance with

section 37.4 of the Public

Lands Act , with respect to transfers of freehold or leasehold interests

in unpatented lands, or easements in or over such lands, that are authorized

under

section 37.2 of that Act or deemed to be legally effective or validly

granted, as the case may be, under

section 37.3 of that Act.

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2020 receives Royal Assent.

SCHEDULE 23

Public Vehicles REPEAL ACT, 2020

Transitional

regulations

(1) The

Minister of Transportation may make regulations,

(

a) establishing

a transition period before the repeal of the Public

Vehicles Act during which its application may be phased out;

(

b) providing

that a provision or requirement of the Public Vehicles Act

or of Regulation 982 of the Revised Regulations of Ontario, 1990 (General)

made under that Act ceases to apply, applies in a modified way or only applies,

either as written or in a modified way, to specified geographic areas or

specified persons or for a specified period during the transition period;

(

c) governing

other transitional matters that may arise due to the anticipated repeal of the Public Vehicles Act .

Conflict

(2) In

the event of a conflict between the Public Vehicles Act

or Regulation 982 and a regulation made under subsection (1) of this section,

the regulation made under subsection (1) prevails.

Repeal

of Act

The Public Vehicles Act is repealed.

Consequential

Amendments

City

of Hamilton Act, 1999

(1) Subsection 11.11 (1) of the City of

Hamilton Act, 1999 is amended by striking out “Subject to the Public Vehicles Act ” at the beginning.

(2) Subsection

11.12 (6) of the Act is repealed.

City

of Ottawa Act, 1999

(1) Subsection 12.17 (1) of the City of Ottawa

Act, 1999 is amended by striking out “Subject to the Public Vehicles Act ” at the beginning.

(2) Subsection

12.18 (6) of the Act is repealed.

City

of Toronto Act, 2006

(1) Subsection 56 (5) of the City of Toronto

Act, 2006 is repealed.

(2) Section

58 of the Act is repealed and the following substituted:

Geographic

jurisdiction for passenger transportation systems, etc.

The

whole of Steeles Avenue where it is the boundary of the City is deemed to be

part of the City for the purposes of the City or the TTC exercising powers with

respect to a passenger transportation system.

(3) Section

59 of the Act is amended by striking out “and subject to the Public Vehicles Act ”.

Education

Act

Paragraph 14 of subsection 170 (1) of the Education Act

is repealed and the following substituted:

vehicle

insurance

14. where

it furnishes transportation for pupils in a vehicle that is owned by the board,

provide and carry with an insurer licensed under the Insurance

Act for each such vehicle at least the amount of insurance that is

required to be provided by the owner, lessee or operator of a comparable

passenger transportation vehicle under

section 24 of the Highway

Traffic Act ;

Highway

Traffic Act

(1) The definition of “public vehicle” in subsection 1 (1) of the Highway Traffic Act is repealed.

(2) Subsection

7 (16) of the Act is repealed.

(3) Subsection

7 (24) of the Act is amended by adding the following clauses:

(l.1) prescribing

limitations or restrictions on the use of a motor vehicle for which a permit of

a specified class is issued;

(l.2) prescribing

uses of motor vehicles for which a specified class of permit is required;

(4) Section

8 of the Act is repealed and the following substituted:

Permit

limitations re use of motor vehicle

Limitations

or restrictions

(1) No

person shall drive or permit the operation of a motor vehicle on a highway

except in accordance with any limitations or restrictions on the use of a motor

vehicle under the class of permit issued for the motor vehicle.

Prescribed

class of permit for specified uses

(2) No

person shall drive or permit the operation of a motor vehicle on a highway if

the motor vehicle is being used in a way that is required by the regulations to

have a specified class of permit unless the permit for the motor vehicle is of

the prescribed class.

Penalty

(3) Every

person who contravenes subsection (1) or (2) is guilty of an offence and on

conviction is liable to a fine of not less than $250 and not more than $20,000

and, in addition, the person’s driver’s licence may be suspended for a period

of not more than one year.

(5) Subsection

17.0.2 (1) of the Act is amended by adding “before its repeal” after “the Public Vehicles Act ”.

(6) Part

II of the Act is amended by adding the following section:

Regulations

re passenger transportation vehicles

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

requirements, qualifications and standards for drivers of passenger

transportation vehicles;

(

b) prescribing

requirements, qualifications and standards for owners, lessees and operators of

passenger transportation vehicles and for persons who accept, facilitate,

broker requests for, advertise or offer transportation in passenger

transportation vehicles;

(

c) prescribing

documents to be retained by persons listed in clause (b), requiring the

surrender of such documents and governing their retention and surrender;

(

d) prescribing

documents to be carried in a passenger transportation vehicle and requiring and

governing their surrender;

(

e) prescribing

standards and specifications for the use, operation, inspection and maintenance

of passenger transportation vehicles;

(

f) governing

tariffs for passenger transportation vehicles and the obligations of persons

listed in clause (

b) respecting tariffs, including requiring notice to be given

of a reduction or discontinuance of service;

(

g) prescribing

hours of work and periods of rest for drivers of passenger transportation

vehicles;

(

h) requiring

the use of any equipment on or in a passenger transportation vehicle and

prescribing standards and specifications of the equipment;

(

i) prescribing

signs and markings to be displayed on passenger transportation vehicles and

governing their display;

(

j) prescribing

rules applicable to the carrying of passengers, including rules respecting the

number of passengers that may be carried , where passengers may ride in

passenger transportation vehicles and prohibiting or restricting standing in

passenger transportation vehicles;

(

k) prescribing

requirements related to loading and carrying goods or property on or in

passenger transportation vehicles or vehicles drawn by passenger transportation

vehicles;

(

l) restricting

the drawing of trailers behind passenger transportation vehicles and

prescribing standards and conditions applicable to the drawing of trailers;

(

m) exempting

any class of person or vehicle from any regulation made under this subsection

and prescribing conditions and circumstances for any such exemption.

Same,

insurance for passenger transportation vehicles

(2) The

Lieutenant Governor in Council may make regulations,

(

a) requiring

owners, lessees and operators of passenger transportation vehicles to carry

insurance, and prescribing the form, amount, nature, class, provisions and

conditions of the insurance and requirements respecting evidence of such

insurance;

(

b) prescribing

obligations in respect of insurance on persons who accept, facilitate, broker

requests for, advertise or offer transportation by persons to whom a

regulation made under clause (

a) applies;

(

c) prescribing

obligations of drivers of passenger transportation vehicles with respect to the

carrying and surrender of evidence of insurance;

(

d) exempting

any class of person or vehicle from any regulation made under this subsection

and prescribing conditions and circumstances for any such exemption.

Same,

reports

(3) The

Lieutenant Governor in Council may make regulations requiring owners, lessees or

operators of passenger transportation vehicles and persons who accept,

facilitate, broker requests for, advertise or offer transportation in passenger

transportation vehicles to report to the Ministry on their operations and

activities, and governing such reports.

Information

(4) The

Ministry shall keep confidential all information reported to it pursuant to a

regulation made under subsection (3) but it may disclose summaries or analyses

that include information derived from the reports.

Same

(5) Subsection

(4) prevails over the Freedom of Information and

Protection of Privacy Act .

Offence

(6) A

person who contravenes a regulation made under subsection (1) or (3) is guilty

of an offence and on conviction is liable to a fine of not less than $250 and

not more than $20,000.

Same,

insurance-related offences

(7) A

person who contravenes a regulation made under clause (2) (

a) or (

b) is guilty

of an offence and is liable on a first conviction to a fine of not less than

$5,000 and not more than $25,000 and on each subsequent conviction to a fine of

not less than $10,000 and not more than $50,000 and, in addition, the person’s

driver’s licence may be suspended for a period of not more than one year.

Same

(8) A

person who contravenes a regulation made under clause (2) (

c) is guilty of an

offence and on conviction is liable to a fine of not less than $250 and not

more than $20,000.

Limitation

on prosecutions

(9) No

proceeding for an offence under subsection (2) shall be instituted more than

three years after the facts on which the proceeding is based are alleged to

have occurred.

Definition

(10) In

this section,

“passenger

transportation vehicle” means a bus or other motor vehicle that is used to

transport passengers for compensation, but does not include a vehicle operated

by or on behalf of a municipality as part of a passenger transportation system

within the municipality.

(7) Clause

39.1 (1) (

a) of the Act is repealed.

(8) The

Schedule to

section 46 of the Act is amended by striking out “ Public Vehicles Act ” and substituting “ Public Vehicles Act , before its repeal”.

(9) The

Schedule to

section 46 of the Act, as re-enacted by subsection 22 (1) of

Schedule 19 of the Stronger, Fairer Ontario Act (Budget

Measures), 2017 , is amended by striking out “ Public

Vehicles Act ” and substituting “ Public Vehicles Act ,

before its repeal”.

(10) Subsection

47 (10) of the Act is amended by striking out “or the Public

Vehicles Act or of any regulation thereunder” and substituting “or any

regulation”.

(11) Subsection

47 (11) of the Act is amended by striking out “or for the enforcement of the Public Vehicles Act ”.

(12) Subsection

62 (11) of the Act is amended by striking out “every commercial motor vehicle

or combination of a commercial motor vehicle and a trailer having a length in

excess of 9.2 metres or a width in excess of 2.05 metres shall carry three

lighted lamps displaying green or amber lights at the front, except in the case

of a public vehicle which shall display amber lights a