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Bill 109, Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002

Ecker, Hon. Janet Minister of Finance

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Bill 109 Royal Assent (PDF)

Bill 109 2002

Act to implement the measures

contained in the 2002 Ontario Budget

and to implement other initiatives

of the Government of Ontario

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Education Act amended

Schedule

A to this Act is hereby enacted.

Financial

Administration Act amended

Schedule

B to this Act is hereby enacted.

Fuel Tax Act amended

Schedule

C to this Act is hereby enacted.

Ministry of Treasury

and Economics Act amended

Schedule

D to this Act is hereby enacted.

Ontario College of Art

& Design Act, 2002 enacted

5. The

Ontario College of Art & Design Act, 2002 , as set out in

Schedule E

to this Act, is hereby enacted.

Ontario Colleges of

Applied Arts and Technology Act, 2002

enacted

6. The

Ontario Colleges of Applied Arts and Technology Act, 2002 , as set out in

Schedule F to this Act, is hereby enacted.

Ontario Educational

Communications Authority Act

amended

Schedule

G to this Act is hereby enacted.

Province of Ontario

Savings Office Privatization Act, 2002

enacted

8. The

Province of Ontario Savings Office Privatization Act, 2002 , as set out

in

Schedule H to this Act, is hereby enacted.

Province of Ontario

Savings Office Act repealed

9. The

Province of Ontario Savings Office Act , as amended by the Statutes of

Ontario, 1993,

chapter 23,

section 72 and 1997,

chapter 43,

Schedule F,

section

10, is repealed.

Consequential

amendments, Province of Ontario Savings Office

Schedule

I to this Act is hereby enacted.

Retail Sales Tax Act amended

Schedule

J to this Act is hereby enacted.

SkyDome Act (Bus

Parking), 2002 enacted

12. The

SkyDome Act (Bus Parking), 2002 , as set out in

Schedule K to this Act,

is hereby enacted.

Taxpayer Protection

Act, 1999

amended

Schedule

L to this Act is hereby enacted.

Tobacco Tax Act amended

Schedule

M to this Act is hereby enacted.

Treasury Board Act,

amended

Schedule

N to this Act is hereby enacted.

University of Ontario

Institute of Technology Act, 2002

enacted

16. The

University of Ontario Institute of Technology Act, 2002 , as set out in

Schedule O to this Act, is hereby enacted.

Consequential

amendments, post-secondary education

Schedule

P to this Act is hereby enacted.

Commencement

(1) Subject

to subsections (2), (3) and (4), this Act comes into force on the day it

receives Royal Assent.

Same

(2) Schedules A, B, C, D, G, I, J, L, M, N

and P to this Act come into force as provided in the commencement

section at

the end of each Schedule.

Same

(3) Each Act set out in Schedules E, F, H, K

and O to this Act comes into force as provided in the commencement

section near

the end of the Schedule.

Same

(4) Section 9 comes into force on a day to be

named by proclamation of the Lieutenant Governor.

Same

(5) Any proclamation relating to the repeal

of the Province of Ontario Savings Office Act may apply to the whole or

any part,

section or subsection of that Act, and proclamations may be issued at

different times with respect to any part,

section or subsection of that Act.

Same

(6) If a

Schedule 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

19. The

short title of this Act is the Keeping the Promise for Growth and Prosperity

Act (2002 Budget), 2002 .

schedule A

amendments to the education act

1. Subsection

257.2.1 (3) of the Education Act , as enacted by the Statutes of Ontario,

1998,

chapter 3,

section 34 and amended by 1998,

chapter 33,

section 40 and

2000,

chapter 25,

section 45, is amended by striking out “subsection (1)” in

the portion before paragraph 1 and substituting “subsections (1) and (1.1)”.

(1) Clause

257.14 (1) (

i) of the Act, as enacted by the Statutes of Ontario, 1998,

chapter

33,

section 45, is repealed and the following substituted:

(

i) providing,

despite any provision of this Act, the Municipal Act or the Provincial

Land Tax Act , that boards and municipalities may, in a year, levy or

collect rates for 1998, 1999, 2000 or 2001 in respect of property in territory

without municipal organization, subject to conditions set out in the regulation.

(2) Section 257.14 of the Act, as enacted by the Statutes

of Ontario, 1997,

chapter 31,

section 113 and amended by 1998,

chapter 3,

section 34 and 1998,

chapter 33,

section 45, is amended by adding the following

subsection:

Retroactive

(4) A regulation made under clause (1) (

i) is, if it so provides, effective with respect to a period before it is filed.

Commencement

(1) Subject

to subsection (2), this

Schedule comes into force on the day the Keeping the

Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal

Assent.

Same

(2) Section 2 shall be deemed to have come

into force on January 1, 1998.

schedule

amendments to the

financial administration act

(1) The

definition of “appropriation” in

section 1 of the Financial Administration

Act is repealed and the following substituted:

“appropriation”

means an authority to pay money out of the Consolidated Revenue Fund or to

incur a non-cash expense; (“affectation de crédits”)

(2) Section 1 of the Act, as amended by the

Statutes of Ontario, 1994,

chapter 17,

section 62, is amended by adding the

following

definitions:

“expenditure”

means a payment of money out of the Consolidated Revenue Fund or the incurring

by the Crown of a non-cash expense; (“dépense”)

“non-cash expense” has the meaning prescribed by the

regulations made under this Act; (“frais hors caisse”)

“statutory appropriation” means an amount authorized to be

paid out of the Consolidated Revenue Fund or to be incurred as a non-cash

expense by the Crown pursuant to a provision of this or another Act of the

Legislature that describes the amount as payable or capable of being incurred

without any legislative authority other than the provision of that Act.

(“crédit législatif”)

2. The

Act is amended by adding the following sections:

Appropriation required

11.1

(1) No

money shall be paid out of the Consolidated Revenue Fund and no non-cash

expense shall be incurred by the Crown unless authorized by this or another Act

of the Legislature.

Interim supply

(2) Nothing in this Act prohibits the payment

of money out of the Consolidated Revenue Fund under the authority of a

resolution passed by the Assembly granting interim supply.

Authority to incur

prescribed non-cash expenses

(3) The Crown may incur a non-cash expense

that is prescribed by the regulations made under this Act or that falls within

a class of non-cash expenses prescribed by the regulations made under this

Act.

Application

(4) This

section applies only in respect of

fiscal years commencing on or after April 1, 2003.

Limits on charges to

appropriations

11.2

(1) No

appropriation shall be charged with an amount,

(

a) that

is for a purpose other than that for which the appropriation was provided; or

(

b) that

is in excess of the amount available under the appropriation.

Application

(2) This

section applies only in respect of

fiscal years commencing on or after April 1, 2003.

Expenses limited to

appropriations

11.3

(1) No

agreement or undertaking shall be entered into in a fiscal year that would

result in a charge to an appropriation for that fiscal year in excess of the

amount available under that appropriation.

Agreements subject to

appropriations

(2) Every agreement providing for the payment

of money by the Crown is deemed to contain a provision stating that the payment

by the Crown of moneys that come due under the agreement shall be subject to,

(

a) an

appropriation to which that payment can be charged being available in the

fiscal year in which the payment becomes due; or

(

b) the

payment having been charged to an appropriation for a previous fiscal year.

Application

(3) This

section applies only in respect of

fiscal years commencing on or after April 1, 2003.

Certificate for

payments

11.4

(1) No

payment shall be made out of the Consolidated Revenue Fund unless, in addition

to any other voucher or certificate that may be required, a person referred to

in subsection (2) certifies,

(

a) in

the case of a payment for the supply of goods or the rendering of services

after the goods are delivered or the services are rendered, that the goods have

been supplied or the services have been rendered and that,

(

i) the

payment is in accordance with the agreement, or

(ii) the

amount of the payment is reasonable, if the amount of the payment is not

specified in the agreement;

(

b) in

the case of a payment for the supply of goods or the rendering of services

before the delivery of the goods or the supply of the services, that the payment

is in accordance with the agreement; or

(

c) in

the case of a payment not described in clause (

a) or (b), that the payee is

eligible for or entitled to the payment.

Persons authorized to

certify payments

(2) Only the following persons have authority

to give a certificate under subsection (1):

1. A

minister or deputy minister.

2. The

Speaker of the Assembly.

3. The

Provincial Auditor.

4. The

Chief Election Officer.

5. A person

authorized by the Management Board of Cabinet.

6. A

person authorized by a person referred to in any of paragraphs 1 to 5.

Application

(3) This

section applies only in respect of

fiscal years commencing on or after April 1, 2003.

Authorized investments

11.5

(1) Except

as otherwise expressly provided in

an Act of the Legislature, an appropriation

for a fiscal year does not include the authority to make a loan, advance or

other form of investment.

Treasury Board may

authorize investments

(2) Despite subsection (1), on the

recommendation of the Minister of Finance, the Treasury Board may authorize a

payment pursuant to an appropriation to be made in the form of a loan, advance

considers advisable.

Application

(3) This

section applies only in respect of

fiscal years commencing on or after April 1, 2003.

Estimates

11.6

(1) All

estimates submitted to the Legislature in respect of a fiscal year shall,

(

a) be

for expenditures to be incurred during the fiscal year that are required to be

voted on by the Legislature; and

(

b) include

the amount of expenditures to be incurred during the fiscal year under

statutory appropriations and such other information as the Treasury Board

considers appropriate.

Lapse of appropriations

(2) The balance of an appropriation granted

for a fiscal year that remains unexpended when the books of the Government of

Ontario for that fiscal year are closed shall lapse.

Accrual of liabilities

(3) Despite

section 11.2 and subsection (2),

a liability that was incurred during a fiscal year but was not paid by the end

of the fiscal year may be recorded as an expenditure and charged against an

appropriation for the fiscal year if,

(

a) the

liability was incurred for a purpose authorized by the appropriation;

(

b) the

liability was less than or equal to the amount available under the

appropriation at the time the liability was incurred; and

(

c) a

statement of account for the liability is received by the Minister of Finance

before the books of the Government of Ontario for the fiscal year are closed.

Payment of accrued

liabilities

(4) A liability described in subsection

(3) may be paid out of the Consolidated Revenue Fund.

Reporting

(5) The part, if any, of a payment made under

subsection (4) that exceeds the amount available under the appropriation

referred to in subsection (3) shall be reported in the Public Accounts for the

fiscal year in which the liability was incurred.

Late accounts

(6) A liability incurred in a fiscal year

that is not paid or accrued under subsection (3) during the fiscal year, but

that satisfies the requirements of subsection (7),

(

a) may

be paid out of the Consolidated Revenue Fund;

(

b) may

be recorded, despite

section 11.2 and subsection (2) and subject to subsection

(8), as a charge against,

(

i) an

appropriation for the fiscal year in which the payment is made that authorizes

expenditures for the same purpose or for a purpose determined by the Minister

of Finance to be similar, or

(ii) such

appropriation for the fiscal year in which the payment is made as the Minister

of Finance directs, if the Minister determines that there is no appropriation

that satisfies the requirements of subclause (i); and

(

c) shall

be reported in the Public Accounts for the fiscal year in which the payment is

made.

Same

(7) For the purposes of subsection (6), the

liability must satisfy the following requirements:

1. The

liability must be incurred for a purpose authorized by an appropriation for the

fiscal year in which it is incurred.

2. The

liability must be less than or equal to the amount available under the

appropriation referred to in paragraph 1 at the time the liability is incurred.

Notice to Treasury

Board

(8) A liability may be recorded in accordance

with clause (6) (

b) only if the Minister of Finance notifies the Treasury Board

and specifies in the notice the appropriation against which the liability is

charged.

Appropriation deemed to

include purpose

(9) If a liability is recorded as a charge

against an appropriation under clause (6) (b), the appropriation is deemed

to include the purpose for which the liability was incurred.

Application

(10) This

section applies only in respect of

a fiscal year commencing on or after April 1,

Section

14 of the Act, as amended by the Statutes of Ontario, 1994,

chapter 17,

section

62, is amended by adding the following subsection:

Application

(3) This

section applies only in respect of

fiscal years commencing before April 1, 2003.

4. The Act is amended by

adding the following section:

Advances

14.1

(1) On

the application of a minister, the Minister of Finance may authorize an advance

out of the Consolidated Revenue Fund for the purpose of incurring expenditures

authorized by an appropriation, if it is impracticable to incur such

expenditures in accordance with

section 11.

Accountability for

advance

(2) A minister who receives an advance under

subsection (1) is accountable to the Minister of Finance for the amount of the

advance.

Duty to repay or

account for advance

(3) If the Minister of Finance does not

receive an accounting or repayment of an advance made under subsection (1) by

the end of the fiscal year in which the advance is made, the advance shall be

repaid or accounted for before the books of the Government of Ontario for that

fiscal year are closed.

Application

(4) This

section applies only in respect of

fiscal years commencing on or after April 1,

Section 15 of the Act,

as re-enacted by the Statutes of Ontario, 1991,

chapter 55,

section 6 and

amended by 1994,

chapter 17,

section 62, is amended by adding the following

subsection:

Application

(3) This

section applies only in respect of

fiscal years commencing before April 1, 2003.

6. The Act is amended by

adding the following section:

Interim payments,

fiscal years commencing

on or after April 1, 2003

15.1

(1) The

Treasury Board, on the application of a ministry, may authorize the Minister of

Finance to make interim payments from the Consolidated Revenue Fund to the

ministry for goods or services to be paid for by the ministry if, through the

sale or provision by the ministry of the goods or services in respect of which

the interim payment is made, the cost of the goods or services,

(

a) is

to be recovered or become recoverable into the Consolidated Revenue Fund in the

fiscal year in which the interim payment is made; or

(

b) is to be charged

or become chargeable to an appropriation for the fiscal year in which the

interim payment is made.

Insufficient recovery

(2) Any part of an interim payment that is

not recovered into the Consolidated Revenue Fund and is not charged to an

appropriation by the time the books of the Government of Ontario for the fiscal

year in which the interim payment is made are closed shall be repaid to the

Consolidated Revenue Fund by the Minister of Finance by means of deducting the

unrecovered or uncharged amount from the ministry’s appropriations for the

following fiscal year in such manner as the Minister of Finance considers

appropriate.

Application

(3) This

section applies only in respect of

fiscal years commencing on or after April 1,

Section

16 of the Act, as amended by the Statutes of Ontario, 1994,

chapter 17,

section

62, is amended by adding the following subsection:

Application

(2) Subsection (1) applies only in respect of

fiscal years commencing before April 1, 2003.

8. The

Act is amended by adding the following section:

Refund or repayment of

expenditure or advance

16.0.1

(1) If a

refund or repayment of an expenditure or advance charged to an appropriation or

a reduction of a liability charged to an appropriation is received or has

become receivable in a known amount before the books of the Government of

Ontario for the fiscal year in which the expenditure, advance or liability was

incurred are closed, the refund, repayment or reduction shall be credited to

the appropriation against which it was charged.

Same

(2) The following rules apply if a refund or

repayment of an expenditure or advance charged to an appropriation or a

reduction of a liability charged to an appropriation does not become receivable

in a known amount until after the books of the Government of Ontario are closed

for the fiscal year in which the expenditure, advance or liability is incurred:

1. If

the Minister of Finance notifies the Treasury Board, all or part of the refund,

repayment or reduction, as specified in the notice, shall be credited to an

appropriation,

i. that

is for the fiscal year in which the refund, repayment or reduction becomes

receivable in a known amount, and

ii. that

authorizes expenditures for the same purpose as the expenditure, advance or

liability to which the refund, repayment or reduction relates or for a purpose

determined by the Minister of Finance to be similar.

2. Any part of the

refund, repayment or reduction that is not credited to an appropriation under

paragraph 1 shall be credited to the revenue of the fiscal year in which the

refund, repayment or reduction becomes receivable in a known amount.

Application

(3) This

section applies only in respect of

fiscal years commencing on or after April 1,

Section 16.2 of the Act, as enacted by the

Statutes of Ontario, 1991,

chapter 55,

section 7 and amended by 1994,

chapter

17,

section 62, is amended by adding the following subsection:

Not applicable after 2002-2003 fiscal

year

(3.1) This

section does not apply to a fiscal

year that commences on or after April 1, 2003.

10. Subsection 16.5 (1) of the Act, as

enacted by the Statutes of Ontario, 1996,

chapter 29,

section 3, is repealed.

Section 28 of the Act, as re-enacted by

the Statutes of Ontario, 1991,

chapter 55,

section 13 and amended by 1994,

chapter 17,

section 62, is amended by adding the following subsections:

Liability not binding or enforceable

without approval,

unless exempted

(2) A financial arrangement, financial

commitment, guarantee, indemnity or similar transaction that a ministry

purports to enter into contrary to subsection (1) on or after the date this

subsection comes into force is not binding on or enforceable against the

ministry, unless the Minister of Finance exempts it in writing from the

application of this subsection.

Approvals and exemptions may be subject

(3) The Minister of Finance may make written

approvals under subsection (1) and written exemptions under subsection (2),

advisable.

12. Clause 38 (c.2) of the Act, as enacted by

the Statutes of Ontario, 1991,

chapter 55,

section 14, is repealed and the

following substituted:

(c.2) defining

“non-cash expense” and prescribing non-cash expenses and classes of non-cash

expenses for the purposes of subsection 11.1 (3);

Commencement

(1) Subject

to subsections (2) and (3), this

Schedule comes into force on the day the Keeping

the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives

Royal Assent.

Same

(2) Sections 11 and 12 come into force on

April 1, 2003.

Same

(3) Section 10 comes into force on a day to

be named by proclamation of the Lieutenant Governor.

schedule c

amendments to the

fuel tax act

1. Subsection

1 (1) of the Fuel Tax Act , as amended by the Statutes of Ontario, 1991,

chapter 49,

section 1, 1994,

chapter 18,

section 2, 1996,

chapter 10,

section

1, 1998,

chapter 30,

section 1 and 2001,

chapter 23,

section 89, is amended by

adding the following definition:

“biodiesel”

has the meaning prescribed by the Minister; (“biodiesel”)

Section

2 of the Act, as re-enacted by the Statutes of Ontario, 1991,

chapter 49,

section 2 and amended by 1994,

chapter 18,

section 2 and 1998,

chapter 30,

section 2, is amended by adding the following subsection:

Exception for biodiesel

used as clear fuel

(3.1) Subsection (3) does not apply to

biodiesel that is placed in the fuel tank of a motor vehicle to which a number

plate is attached as required by the Highway Traffic Act .

Commencement

3. This

Schedule shall be deemed to have come into force on June 18, 2002.

schedule d

amendments to the Ministry of

Treasury and economics act

Section

10 of the Ministry of Treasury and Economics Act is repealed and the

following substituted:

Payment may be withheld

(1) The

Treasurer may withhold a payment out of the Consolidated Revenue Fund if the

Treasurer has reason to believe that there is no authority for the payment.

Reference to Management

Board of Cabinet

(2) If a payment is withheld under subsection

(1), the Treasurer or the minister responsible may refer the matter to the

Management Board of Cabinet for determination.

Section

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

Application

(4) This

section applies only in respect of

fiscal years commencing before April 1,

Section

13 of the Act is repealed and the following substituted:

Preparation of Public

Accounts, before April 1, 2003

(1) The

Public Accounts for each fiscal year ending before April 1, 2003 shall be

prepared under the direction of the Treasurer and shall be delivered to the Lieutenant

Governor in Council and laid before the Assembly not later than the tenth day

of the first session held in the following calendar year.

Same, after 2002-2003

fiscal year

(2) The Public Accounts for each fiscal year

commencing on or after April 1, 2003 shall be prepared under the direction of

the Treasurer and shall include,

(

a) the

annual report of the Government of Ontario for the fiscal year;

(

b) the

summary financial statements of the Government of Ontario for the fiscal year;

(

c) the

report of the Provincial Auditor concerning his or her examination of the

summary financial statements; and

(

d) any

other information that is required by another Act of the Legislature or that

the Treasurer considers necessary.

Public Accounts to be

submitted and laid before the Assembly

(3) Except in extraordinary circumstances,

the Trea­surer shall submit the Public Accounts for each fiscal year commencing

on or after April 1, 2003 to the Lieutenant Governor in Council on or before

the 180th day after the end of the fiscal year and the Lieutenant Governor in

Council shall,

(

a) lay the Public

Accounts before the Assembly, if the Assembly is in session when the Public

Accounts are ready to be laid before the Assembly; or

(

b) make

the Public Accounts public, if the Assembly is not in session when the Public

Accounts are ready to be laid before the Assembly, and lay the Public Accounts

before the Assembly on or before the tenth day of the next session.

Supplementary financial

information

(4) Except in extraordinary circumstances,

the Trea­surer may submit to the Lieutenant Governor in Council, on or before

the 240th day after the end of a fiscal year commencing on or after April 1,

2003, any financial information supplementary to the Public Accounts for the

fiscal year and the Lieutenant Governor in Council shall lay the information

before the Assembly if it is in session or on or before the tenth day of the

next session if the Assembly is not in session.

Treasurer may make

adjustments after end of fiscal year

(5) Despite any provision of this or another

Act of the Legislature, the Treasurer may, after the end of a fiscal year

commencing on or after April 1, 2003, make any adjustments to the Public

Accounts for the fiscal year that in his or her opinion are necessary to

reflect fairly the financial position of the Government of Ontario.

Disclosure

in Public Accounts not breach of any agreement

(6) A disclosure of information in the Public

Accounts, or in any financial information supplemental to the Public Accounts,

that is made in accordance with the accounting policies of the Government of

Ontario, as set out in the Public Accounts, shall be deemed not to contravene

the provisions of any agreement made before or after this subsection comes into

force that purports to restrict or prohibit the disclosure of information.

Closing books for

fiscal year

(7) The Treasurer may determine when the

books of the Government of Ontario for a fiscal year are closed.

Section

14 of the Act is repealed and the following substituted:

Expenditures authorized

by Assembly

14. Despite any provision

of this Act, if the Assembly has concurred in a report of the Standing

Committee on Estimates recommending the passing of estimates, the Lieutenant

Governor in Council may authorize the incurring of any items of expenditure for

which the concurrence was given.

Commencement

5. This

Schedule comes into force on the day the Keeping the Promise for Growth and

Prosperity Act (2002 Budget), 2002 receives Royal Assent.

SCHEDULE E

ONTARIO COLLEGE OF

ART & DESIGN ACT, 2002

Definitions

1. In

this Act,

“board”

means the board of governors of the College; (“conseil”)

“College”

means the Ontario College of Art & Design. (“École”)

Continuation of

corporation

(1) The

Ontario College of Art is continued as a corporation without share capital

et de design de l’Ontario in French and shall consist of the members of its

board.

Conflicts

(2) In the event of a conflict between a

provision of this Act and a provision of the Corporations Act , the provision

of this Act prevails.

Objects

3. The

objects of the College are to provide the opportunity and environment for

advanced, studio-based education in art and design at the undergraduate and

graduate levels and to support teaching, research and professional practice in

these fields.

Powers

(1) The

College has all the powers necessary and incidental to its objects.

Degrees, diplomas

(2) The College may grant,

(

a) the

diploma of Associate of the Ontario College of Art & Design;

(

b) the

baccalaureate degrees of Bachelor of Fine Arts and Bachelor of Design; and

(

c) the

graduate degrees of Master of Arts, Master of Fine Arts and Master of Design.

Certificates, honorary

degrees

(3) The College may grant certificates and

confer any or all honorary degrees, consistent with its objects.

Affiliation

(4) The College may affiliate or federate

with other universities, colleges and institutions of learning, on such terms

and for such periods of time as the board may determine.

Board of governors

(1) There

shall be a board of the College, consisting of,

(

a) the

president of the College, by virtue of office;

(

b) six members,

appointed by the Lieutenant Governor in Council, who are neither students nor employees

of the College; and

(

c) such

other members as may be set out in the by-laws of the College so long as at

least a majority of the members of the board are persons who are neither

students nor employees of the College.

By-law respecting

elections

(2) The board shall by by-law determine the

manner and procedure for the election of members described in clause (1) (

c) and eligibility requirements for election to the board.

Term

(3) The term of office for each member of the

board, other than the president, shall be not more than three years, as

determined by by-law, and each member is eligible for reappointment or

re-election.

Limitation

(4) A person may not be a member of the board

for more than six consecutive years, but is eligible for reappointment or

re-election after one year’s absence from the board.

Vacancies

(5) A vacancy on the board occurs if,

(

a) a

member resigns or ceases to be eligible for appointment or election to the

board;

(

b) a

member is incapable of continuing to act as a member and the board by

resolution declares the membership to be vacated;

(

c) the board by resolution declares a membership to be

vacated for failure to attend sufficient meetings, as provided in the by-laws

of the College; or

(

d) a

majority of the persons entitled under the by-laws of the College to vote for

the election of a member vote or sign a petition in favour of removing the

member from office.

Same

(6) If a vacancy on the board occurs before

the term of office for which a member has been appointed or elected has

expired, the vacancy shall be filled in a timely fashion, as provided in the

by-laws, in the same manner and by the same body as the member whose membership

is vacant was appointed or elected and the new member shall hold office for the

remainder of the unexpired portion of the term of the member he or she is

replacing.

Quorum

(7) A quorum of the board consists of a

majority of its members and that majority must include,

(

a) at

least half of the members who are students or employees of the College; and

(

b) at least half of

the members who are not students or employees of the College.

Chair, vice-chair

(8) The board shall annually elect a chair

and vice-chair from among its members who are not students or employees of the

College and shall fill any vacancy in the office of chair or vice-chair from

among such members.

Duties

(9) The chair shall preside over the meetings

of the board and, if the chair is unable to act or if the position is vacant,

the vice-chair shall act in his or her place and, if both the chair and

vice-chair are unable to act, the board may appoint a member who is not a

student or employee of the College to act temporarily in their place.

Powers and duties of

board

(1) The

board is responsible for governing and managing the affairs of the College and

has the necessary powers to do so, including the power,

(

a) to

establish academic policies and control the manner in which they are

implemented;

(

b) to

appoint and remove the president;

(

c) to

appoint committees and assign or delegate to them such duties and

responsibilities as may be provided in the by-laws of the College, including

authorizing them to act on behalf of the board in the matters specified in the

by-law;

(

d) to

establish advisory bodies;

(

e) to

establish administrative and operational policies and procedures, including

organizational structures, staffing requirements, qualifications and duties of

staff and conditions of employment;

(

f) to

establish and collect fees and charges for tuition and other services that may

be offered by the College or that may be approved by the board on behalf of any

organization or group of the College;

(

g) to

regulate the conduct of students, staff and all persons who use the property of

the College, including denying any person access to the property;

(

h) to

define, for the purposes of this Act and the by-laws, the following terms:

student, staff, employee, manager, teaching faculty and academic staff;

(

i) to

conclusively determine which body within the College has jurisdiction over any

matter;

(

j) to

consider, co-ordinate and implement long-range administrative and operational

plans, including the physical development of the College;

(

k) to

determine the manner and procedure for electing members described in clause 5

(1) (

c) to the board, including establishing constituencies and voting

practices; and

(

l) to

make by-laws, resolutions and rules for the conduct of its affairs.

Standard of conduct

(2) Every member of the board shall exercise

the powers and carry out the duties of his or her office diligently, honestly,

in good faith, in the best interests of the College and in accordance with any

other criteria set out in the by-laws of the College.

Conflict of interest

(3) A member of the board or of a committee

created by it who has a conflict of interest, as defined in the by-laws or

conflict of interest guidelines of the College, as the case may be, in a matter

in which the College is concerned shall declare his or her interest as soon as

possible and no later than at the first meeting at which the matter is to be

considered and, if required by the by-laws or guidelines, shall withdraw from

the meeting during the discussion of the matter and shall not vote on the

matter.

Exception, employee

(4) Despite subsection (3), a member of the

board who is also an employee of the College may take

part in discussing and

voting on issues concerning general conditions of employment for College

employees, unless the discussion and voting deals with the circumstances of the

particular employee as an isolated issue, separate and apart from consideration

of other employees.

Exception,

student

(5) Despite subsection (3), a member of the

board who is also a student may take

part in discussing and voting on issues

concerning students generally, unless such discussion and voting deals with the

circumstances of the particular student as an isolated issue, separate and

apart from consideration of other students.

Academic council

(1) There

shall be an academic council of the College consisting of such voting and

non-voting members as may be provided for in the by-laws of the College so long

as a majority of the voting members are members of the teaching faculty of the

College.

Changes

(2) Changes in the composition of the

academic council may be made by the board on the recommendation of the academic

council, as provided in the by-laws of the College, except no change may be

made which would reduce the number of teaching faculty members on the academic

council to less than a majority of the voting members of the academic council.

Quorum

(3) A quorum of the academic council consists

of a majority of the voting members and that majority must include at least

half of the members who are members of the teaching faculty.

Duties

(4) The academic council shall make

recommendations to the board with respect to the establishment of academic

standards and curricular policies and procedures of the College and the

regulation of such standards, policies and procedures, including,

(

a) academic

organizational structures and programs of study within the College;

(

b) the

qualifications, appointment, duties, responsibilities, promotion, status,

granting of leaves and termination of teaching faculty and academic staff;

(

c) the conduct of

teaching faculty and academic staff;

(

d) student

admission standards, the requirements for graduation and the granting of

degrees, honorary degrees, diplomas and certificates;

(

e) the allocation

or use of College resources for academic purposes;

(

f) consideration

and co-ordination of long-range academic and curricular planning; and

(

g) such other

matters relating to academic issues as may be assigned to it by the College.

Action

of the board

(5) The board shall approve each such

recommendation, refer the matter back to the academic council for further

consideration or reject the recommendation if the board believes that it would

impair the financial stability of the College or because it is inconsistent

with the objects of the College.

President

(1) There

shall be a president of the College appointed by the board in such manner and

for such term as the board shall determine.

Powers and duties

(2) The president is the chief executive

officer of the College and has supervision over and direction of the academic

and general administration of the College, its students, managers, teaching

faculty and academic staff and other employees, and such other powers and

duties as may be conferred upon or assigned to him or her by the board.

Vice-president

(3) The board may, on the recommendation of

the president, appoint one or more vice-presidents and other managers who shall

have such powers and duties as may be conferred on them by the board.

Meetings

(1) Subject

to subsection (2), meetings of the board and meetings of its permanent

committees shall be open to the public and prior notice of such meetings shall

be given to the members and to the public in the manner provided in the by-laws

of the College.

Exclusion

(2) The board may exclude any person from

part of a meeting during which a confidential matter or a matter of a personal

nature concerning an individual is being considered.

By-laws

(1) The

by-laws of the College shall be open to examination by members of the public

during normal business hours.

Publication

(2) The College shall publish its by-laws in

such manner and at such time as it considers proper.

Property

(1) The

College may purchase or otherwise acquire, take by gift, devise or bequest and

hold such property as the board considers necessary for the objects of the

College, and may mortgage, sell or otherwise dispose of the same as the board,

in its absolute discretion, considers appropriate.

Vesting

(2) All property granted, conveyed, devised

or bequeathed to the Ontario College of Art or to the Council of the Ontario

College of Art, before or after this Act comes into force, and all property

held in trust by the Ontario College of Art or by the Council of the Ontario College

of Art, before or after this Act comes into force, is vested in the College,

subject to any trusts or conditions affecting the property.

Exemption from taxation

(3) Land vested in the College and land and

premises leased to and occupied by the College are exempt from provincial and

municipal taxes and development charges, so long as the vested land or leased

land and premises are actually used and occupied for the objects of the

College.

Protection from

expropriation

(4) Land vested in the College is not liable

to be entered upon, used or taken by any person or corporation, and no power to

expropriate land conferred after this Act comes into force shall extend to such

land unless the statute conferring the power expressly provides otherwise.

Deemed vesting in Crown

(5) All property vested in the College shall

be deemed to be vested in the Crown for the public uses of Ontario for the

purposes of,

(

a) the

Limitations Act ; or

(

b) if

section 26 of Bill 10 (

An Act to revise the Limitations Act , introduced

on April 25, 2001), as numbered in the first reading version of the Bill, comes

into force, the Real Property Limitations Act.

Use of property

(6) The property and the revenue of the

College shall be applied solely to achieving the objects of the College.

Non-application

(7) Section 8 of the Charities Accounting

Act does not apply to the College.

Investments

(8) The funds of the College not immediately

required for its purposes and the proceeds of all property that come into the

hands of the board, subject to any trusts or conditions affecting them, may be

invested and reinvested in such investments as the board, in its absolute

discretion, considers appropriate and, except where a trust instrument

otherwise directs, such funds may be combined with trust monies belonging to

various trusts in the care of the board into a common trust fund.

Borrowing

(9) The College, if authorized by its

by-laws, may, on such terms and in such amounts as the board may approve,

(

a) borrow

money and give security on money borrowed; and

(

b) issue

or give bonds, debentures and obligations as security.

Audits and reports

(1) The

board shall appoint one or more public accountants licensed under the Public

Accountancy Act to audit the accounts, trust funds and transactions of the

College at least once a year.

Financial report

(2) The College shall make a financial report

annually to the Minister of Training, Colleges and Universities in such form

and containing such information as the Minister may require.

Other reports

(3) The College shall submit to the Minister

of Training, Colleges and Universities all other reports as the Minister may

require.

Transition

(1) The

College shall grant to all its students and former students full recognition

for all credits and marks awarded by the Ontario College of Art before the

coming into force of this Act.

Continuation

(2) The Council of the Ontario College of

Art, as it exists immediately before the coming into force of this Act, is

continued as the board of governors of the College for the purpose of,

(

a) appointing

and conducting the election of members of the board as provided in this Act;

and

(

b) carrying

out all the functions of the board as provided in this Act until the board is

constituted under this Act.

Rotating membership

(3) The term of office of the members of the

first board appointed or elected after the coming into force of this Act shall

be one year, two years or three years, as determined by the board continued

under subsection (2).

By-laws, etc.,

continued

(4) The by-laws, resolutions, orders and

rules made by the Ontario College of Art shall, insofar as they are not

inconsistent with this Act and are capable of being applied, implemented or

complied with by the College, shall remain in force until remade, amended or

repealed under this Act.

Repeal

14. The

Ontario College of Art Act, 1968-69 is repealed.

Commencement

15. The

Act set out in this

Schedule comes into force on the day the Keeping the

Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal

Assent.

Short title

16. The

short title of the Act set out in this

Schedule is the Ontario College

of Art & Design Act, 2002 .

SCHEDULE F

ONTARIO COLLEGES OF APPLIED ARTS

AND TECHNOLOGY ACT, 2002

Definition

1. In

this Act,

“Minister”

means the Minister of Training, Colleges and Universities or such other member

of the Executive Council to whom the administration of this Act may be assigned

under the Executive Council Act .

Colleges

(1) Colleges

of applied arts and technology may be established by regulation.

Objects

(2) The objects of the colleges are to offer

a comprehensive program of career-oriented, post-secondary education and

training to assist individuals in finding and keeping employment, to meet the

needs of employers and the changing work environment and to support the economic

and social development of their local and diverse communities.

Carrying out its

objects

(3) In carrying out its objects, a college

may undertake a range of education-related and training-related activities,

including but not limited to,

(

a) entering into partnerships with

business, industry and other educational institutions;

(

b) offering its courses in the

French language where the college is authorized to do so by regulation;

(

c) adult vocational education and

training;

(

d) basic skills and literacy

training;

(

e) apprenticeship in-school

training; and

(

f) applied research.

Crown agent

(4) A college established under subsection

(1) is an agency of the Crown.

Boards of governors

(1) There

shall be a board of governors for each college established under this Act

consisting of such members as may be prescribed by regulation.

Corporation

(2) The board of governors is a non-share

corporation.

Policy directives

(1) The

Minister may issue policy directives in relation to the manner in which

colleges carry out their objects or conduct their affairs.

Binding

(2) The policy directives are binding upon

the colleges and the colleges to which they apply shall carry out their objects

and conduct their affairs in accordance with the policy directives.

General or particular

(3) A policy directive of the Minister may be

general or particular in its application.

Intervention

(1) The

Minister may intervene into the affairs of a college or a subsidiary of a

college in such manner and under such conditions as may be prescribed, if the

Minister is of the opinion that,

(

a) the college is

not providing services in accordance with this Act or the regulations or with

any other Act that applies to the college;

(

b) the college

fails to follow a policy directive under

section 4; or

(

c) it is in the

public interest to do so.

Public interest

(2) In determining whether an intervention is

in the public interest, the Minister may take into consideration, among other

things,

(

a) the quality of the management and

administration of the college;

(

b) the college’s utilization of its

financial resources for the management and delivery of core education and

training services;

and training services in the community where the college is located; and

(

d) the quality of education and

training services provided to students.

Information

6. A

college established under this Act shall provide to the Minister any financial

or other information that the Minister may request.

Student governing body

7. Nothing

in this Act restricts a student governing body of a college elected by the

students of the college from carrying on its normal activities and no college

shall prevent the student governing body from doing so.

Regulations

(1) The

Lieutenant Governor in Council may make regulations,

(

a) establishing, naming and

governing colleges, including varying or expanding the objects or responsibilities

of any college, and prescribing any other matter related to the manner in which

a college may carry out its affairs;

(

b) providing for the appointment,

composition, powers and duties of boards of governors and the removal of any or

all members of any board of governors upon such conditions and subject to such

processes as may be prescribed, including delegating any of these powers to the

council established under clause (g);

(

c) limiting the

powers that may be exercised by a college under the Corporations Act

under such conditions as may be prescribed;

(

d) amalgamating or

closing colleges and providing for any matters that must be dealt with as a

result of the amalgamation or closure;

(

e) in respect of an

intervention under

section 5,

(

i) prescribing

under what conditions an intervention may be taken,

(ii) prescribing

the types of intervention that may be taken, including replacing any or all members

of a board,

(iii) delegating

to the Minister or an agent of the Minister any powers necessary to carry out

the intervention,

(iv) governing

procedures that apply in respect of an intervention and requiring colleges to

comply with those procedures;

(

f) respecting the

languages of instruction, including authorizing specified colleges to offer any

or all of their programs in the French language and excluding others from doing

so;

(

g) establishing a

council to assume such duties in respect of collective bargaining and human resource

matters as may be prescribed under any Act or the regulations and to perform

such other duties as may be prescribed and setting out the powers of the

council in relation to those duties;

(

h) providing for

any transitional matter necessary for the effective implementation of this Act

or the regulations.

General or specific

(2) A regulation may be general or specific

in its application.

Conflict

(3) If there is a conflict between a

regulation made under this

section and the Corporations Act , the regulation

prevails.

Transition

9. Until

a council is established under clause 8 (1) (g), the Ontario Council of Regents

for Colleges of Applied Arts and Technology established under

section 5 of the Ministry

of Training, Colleges and Universities Act is continued and has the same

powers and duties it had before the repeal of that section.

Repeal

Section

5 of the Ministry of Training, Colleges and Universities Act is

repealed.

11. Subsection

4 (5) of the Post-secondary Education Choice and Excellence Act, 2000 is

amended by striking out “ Ministry of Training, Colleges and Universities Act ”

in the portion before clause (

a) and substituting “ Ontario Colleges of

Applied Arts and Technology Act, 2002 ”.

12. The

definition of “Council” in

section 1 of the Colleges Collective Bargaining

Act is repealed and the following substituted:

“Council”

means the council established under clause 8 (1) (

g) of the Ontario Colleges

of Applied Arts and Technology Act, 2002 ; (“Conseil”)

Commencement

13. The

Act set out in this

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short title

14. The short

title of the Act set out in this

Schedule is the Ontario Colleges of Applied

Arts and Technology Act, 2002 .

SCHEDULE G

AMENDMENTS TO THE

ONTARIO EDUCATIONAL

COMMUNICATIONS AUTHORITY ACT

(1) Section

1 of the Ontario Educational Communications Authority Act is amended by

adding the following definition:

“distance

education programs” means programs to provide courses of study through

correspondence or other means that do not require the physical attendance by

the student at a school and that are prescribed under paragraph 2 of subsection

8 (1) of the Education Act or are approved by the Minister of Education;

(“ programme

d’enseignement à distance ”)

(2) The definition of “Minister” in

section 1

of the Act is repealed and the following substituted:

“Minister”

means the Minister of Training, Colleges and Universities or such other member

of the Executive Council to whom the administration of this Act may be assigned

under the Executive Council Act . (“ministre”)

Section

3 of the Act is amended by striking out “and” at the end of clause (b), by

adding “and” at the end of clause (

c) and by adding the following clause:

(

d) to

establish and administer distance education programs.

3. The

Act is amended by adding the following section:

Distance education

programs

(1) The

Authority may establish distance education programs.

Powers re: programs

(2) In establishing a program under

subsection (1), the Authority may,

(

a) establish

registration procedures and qualifications for registration;

(

b) establish

standards, administer and establish tests, testing procedures and evaluation

procedures, grant credits and award diplomas and certificates for courses that

are equivalent to those offered by elementary or secondary schools under the

jurisdiction of a board within the meaning of the Education Act ; and

(

c) subject

to subsection (3), charge fees for courses, program materials and other

incidental items or services, which fees may vary for different courses, for

different materials or services and for any class of students, and waive or

reduce those fees under such conditions as may be determined under the program.

Fees for students

resident in Ontario

(3) The Authority may not charge fees to

students resident in Ontario unless the Authority has entered into an agreement

with the Minister of Training, Colleges and Universities and the Minister of

Education in respect of fees and the fees charged are consistent with the

amounts set out in that agreement.

Agreements, policies

and guidelines

(4) The Authority may, with respect to

distance education programs,

(

a) enter

into agreements, including funding agreements, with any person or entity,

including any provincial ministry or agency; and

(

b) establish

policies and guidelines.

Copy to be provided

(5) The Authority shall provide the Minister

of Training, Colleges and Universities and the Minister of Education with

copies of all policies and guidelines issued in respect of the distance

education programs.

Compliance with

ministry guidelines

(6) The Ministry of Education may establish

policies and guidelines related to distance education programs and the

Authority shall establish and operate the programs and develop its policy and

guidelines in accordance with the policies and guidelines of the ministry.

Compliance with

provision of certain Acts, regulations

(7) The distance education programs shall be

operated in compliance with those provisions of the Education Act, the Education

Quality and Accountability Office Act, 1996 and other Acts and the

regulations made under those Acts as may be prescribed by regulation.

Transfer of records

(8) The Ministry of Education may transfer to

the Authority records relating to distance education programs that contain

personal information and that the Authority may require to administer the

programs.

Agreement

(9) No records containing personal

information shall be transferred under subsection (8) unless the Authority, the

Minister of Training, Colleges and Universities and the Minister of Education

have entered into an agreement respecting access to information and the

protection of privacy of personal information.

Privacy of personal

information

(10) An agreement made under subsection

(9) shall provide a level of access to information and protection of privacy in

respect of personal information equivalent to or higher than that provided for

under similar programs offered by the Ministry of Education prior to the coming

in force of this Act.

Regulations

(11) The Minister of Training, Colleges and

Universities, with the approval of the Minister of Education, may make

regulations,

(

a) prescribing the

duties and responsibilities of the Authority in relation to the operation of

distance education programs;

(

b) respecting

distance education programs;

(

c) prescribing

provisions of the Education Act , the Education Quality and

Accountability Office Act, 1996 and other Acts and regulations made under

those Acts which shall apply to the courses, students, Authority, instructors,

teachers and administrators in the programs with such changes as may be set out

in the regulations.

Commencement

4. This

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

Lieutenant Governor.

schedule H

Province of Ontario Savings Office Privatization act, 2002

Definitions

1. In this Act,

“books and

records” means books, records and information that are in any form, including

printed form, electronic form and film; (“livres et registres”)

“business

day” means a day other than Saturday or a holiday; (“jour ouvrable”)

“Crown”

means Her Majesty in right of Ontario and includes the Ontario Financing

Authority; (“Couronne”)

“demand

deposit” means a deposit that is repayable to the depositor on demand or within

a specified period of time following demand, and includes any interest that has

accrued and has not been paid; (“d épôt à vue ”)

“deposit”

means money on deposit and includes the assets of a home ownership savings

plan; (“dépôt”)

“home ownership savings plan” means an Ontario home

ownership savings plan established under the Ontario Home Ownership Savings

Plan Act ; (“régime d’épargne-logement”)

“maturity

date” means, with respect to a term deposit that is transferred by the Crown to

a transferee under an agreement authorized by

section 2, the date of maturity

of the term deposit that is determined, without regard for renewals or

rollovers that may occur after the transfer, as of the day the term deposit is

transferred; (“date d’échéance”)

“Minister” means the Minister of Finance; (“ministre”)

“prescribed” means prescribed by the regulations made under

this Act; (“prescrit”)

“Province of Ontario Savings Office” means the savings

offices and agencies operated by the Ontario Financing Authority under the

authority of clause 30 (1) (

b) of the Capital Investment Plan Act, 1993 ;

(“Caisse d’épargne de l’Ontario”)

“term deposit” means a deposit that bears interest at a

fixed rate and has a fixed term, and includes interest that has accrued and has

not been paid; (“dépôt à terme”)

“transferee” means a person with whom the Minister has

entered into an agreement for the transfer of any or all deposits maintained at

the Province of Ontario Savings Office and includes an assignee of the

transferee’s rights and obligations under the agreement if the Minister

approves the assignment to the assignee. (“destinataire du transfert”)

Transfer of deposit

(1) The

Minister may,

(

a) enter into one

or more agreements for the transfer and payment of one or more deposits

maintained at the Province of Ontario Savings Office and recorded in the books

and records of the Province of Ontario Savings Office at the time of the

Minister may determine; and

(

b) pay

from the Consolidated Revenue Fund to each transferee with whom the Minister

has entered into an agreement described in clause (

a) such amount or amounts of

money as the Minister considers necessary or appropriate to transfer the

agreement.

No consent required

(2) A transfer of a deposit referred to in

subsection (1) may be carried out without the consent of the depositor.

Payment by issuing

notes, etc.

(3) The Minister may

make a payment to a transferee under an agreement referred to in subsection

(1) by the issue, from time to time, of notes, bonds or other evidences of

the principal amount and interest owing under the notes, bonds or other

evidences of indebtedness shall be a charge on and payable out of the

Consolidated Revenue Fund.

Agreement for

administration of deposits

(4) The Minister may enter into an agreement

appropriate, to provide for the administration of deposits maintained at the

Province of Ontario Savings Office and may pay all costs, expenses and charges

incurred in respect of the administration of deposits out of the Consolidated

Revenue Fund.

Payment of deposits not

transferred

(5) The Minister may pay out of the

Consolidated Revenue Fund any deposit that is not transferred pursuant to an

agreement authorized by subsection (1) to the depositor, in accordance with the

Transfer of assets and

liabilities

(1) The

Minister may transfer to any person any rights, obligations, assets and

liabilities, including agreements and intellectual property, relating to or

used in connection with the Province of Ontario Savings Office, or any interest

Agreement assignable

(2) An agreement referred to in subsection

(1) that does not expressly prohibit assignment by the Minister, the Crown or

an agent of the Crown shall be deemed to be assignable by the Minister pursuant

to subsection (1) without the consent of any party to the agreement.

Other agreements, etc.

(3) The Minister may enter into such other

agreements, execute such documents and instruments, and do such other acts and

things as the Minister considers necessary or advisable to effect a transfer or

transaction authorized by this Act or otherwise to carry out the spirit and

intent of this Act.

Financial

Administration Act , s. 28 not applicable

Section

28 of the Financial Administration Act does not apply to any transfer or

transaction referred to in this Act or to any agreement entered into pursuant

to this Act.

Demand deposits

5. The

following rules apply if the Minister transfers a demand deposit maintained at

the Province of Ontario Savings Office to a transferee pursuant to an agreement

authorized by

section 2:

1. The Crown shall cease

to be liable in respect of the demand deposit as of the end of the day on which

the transfer takes place.

2. The

transferee shall become liable for the demand deposit as of the end of the day

on which the transfer takes place and the demand deposit shall be deemed to be

deposited with the transferee as of that time.

3. The

transferee may rely on the signing authority and account authorizations

relating to the transferred demand deposit, as if they had been provided

directly to the transferee, until such time as the depositor and the transferee

agree otherwise.

Term deposits

(1) The

following rules apply if the Minister transfers a term deposit maintained at

the Province of Ontario Savings Office to a transferee pursuant to an agreement

authorized by

section 2:

1. Subject to its

obligations as a guarantor under

section 8, the Crown shall cease to be liable

in respect of the term deposit as of the end of the day on which the transfer

takes place.

2. The transferee

shall become liable for the term deposit as of the end of the day on which the

transfer takes place and the term deposit shall be deemed to be deposited with

the transferee as of that time.

3. The terms and

conditions and maturity date of the term deposit shall not change as a result

of the transfer.

4. The transferee

may rely on the signing authority and account authorizations relating to the

term deposit as if they had been provided directly to the transferee, until

such time as the depositor and the transferee agree otherwise.

5. The

transferee shall not exercise any right of set-off or combination with respect

to the proceeds of the term deposit at any time before the 31st day after the

maturity date or the date of termination of the term deposit.

Exception

(2) Paragraph 5 of subsection (1) does not

apply to a term deposit if,

(

a) the

depositor agrees in writing that the transferee may exercise a right of set-off

or combination with respect to the proceeds of the term deposit;

(

b) the

right of set-off or combination is with respect to a claim that arises after

the day the term deposit is transferred to the transferee; or

(

c) the

principal amount of the term deposit is increased after the term deposit is

transferred and the right of set-off or combination relates only to the amount

of the increase.

Instructions on

maturity

(3) The transferee shall, unless instructed

otherwise in writing by a depositor, carry out any instructions for the payment

or deposit of the proceeds of the term deposit that were previously given by

the depositor to the Province of Ontario Savings Office, but shall not carry

out any instructions given previously to the Province of Ontario Savings Office

with respect to automatic renewals or rollovers.

Same

(4) No cause of action arises as a direct or

indirect result of a transferee complying with subsection (3).

Home ownership savings

plans

(1) The

following applies if the Minister transfers a deposit that constitutes the

assets of a home ownership savings plan maintained at a Province of Ontario

Savings Office to a transferee pursuant to an agreement authorized by

section

1. The assets

comprising the home ownership savings plan shall be transferred directly to the

transferee as of the end of the day on which the transfer of the home ownership

savings plan takes place and the assets shall include all interest accrued to

the end of that day.

2. The transfer of

assets described in paragraph 1 shall be deemed to be on behalf of and at the

direction of the planholder.

3. The transferee

shall be deemed to be a replacement depositary within the meaning of the Ontario

Home Ownership Savings Plan Act , with the consequences stipulated in

section 8 of that Act, as of the end of the day on which the transfer of the assets

of the home ownership savings plan takes place.

4. The Crown shall

cease to be liable in respect of the home ownership savings plan as of the end

of the day on which the transfer takes place.

5. The transferee

may rely on the signing authority and account authorizations relating to the

home ownership savings plan, as if they had been provided directly to the

transferee, until such time as the planholder and the transferee agree

otherwise.

No consent

required

(2) Despite

section 8 of the Ontario Home

Ownership Savings Plan Act , a transfer of the assets of a home ownership

savings plan described in subsection (1) does not require the consent or

direction of the planholder.

Definition

(3) In this section,

“planholder” means, in respect of a home

ownership savings plan, the planholder of the home ownership savings plan under

the Ontario Home Ownership Savings Plan Act .

Provincial

guarantee of term deposits

(1) Subject

to subsection (3), if a term deposit maintained at the Province of Ontario

Savings Office is transferred to a transferee pursuant to an agreement authorized

section 2 and in accordance with the rules in

section 6, the Minister, on

behalf of the Crown, shall guarantee to the depositor of the term deposit the

payment by the transferee, on the earlier of the maturity date or termination

date of the term deposit, of an amount equal to the sum of ,

(

a) the

lesser of,

(

i) the

principal amount of the term deposit that was outstanding as of the end of the

day on which the term deposit was transferred, and

(ii) the

principal amount of the term deposit that was outstanding as of the end of the

day on which the depositor makes a claim under the guarantee; and

(

b) all

interest on the amount referred to in clause (

a) that is accrued and not paid

to the end of the day on which the depositor makes the claim under the

guarantee, calculated at the rate of interest applicable on the date of the

transfer or the rate applicable on the date the claim is made, whichever is

lower.

Prerequisites for

payment

(2) Despite subsection (1), no claim under

the guarantee shall be paid unless,

(

a) the

depositor has demanded payment from the transferee;

(

b) before

the depositor makes a claim under the guarantee, the demand referred to in

clause (

a) remains unpaid for 10 business days after the day the demand is

made;

(

c) the

depositor has not received payment at the time the claim under the guarantee is

paid;

(

d) the

maturity date of the term deposit has not been extended; and

(

e) the depositor

satisfies the Minister that the claim is valid.

Winding-up, etc., of

transferee

(3) Despite

subsection (1), if a transferee is ordered to be wound-up under the Winding-up

and Restructuring Act (Canada) or is adjudged bankrupt under the Bankruptcy

and Insolvency Act (Canada), the amount guaranteed under

this

section to the depositor of the term deposit transferred to the transferee

is the sum of ,

(

a) the lesser of ,

(

i) the

principal amount of the term deposit that was outstanding as of the end of the

day on which the term deposit was transferred, and

(ii) the

principal amount of the term deposit that was outstanding as of the date on

which the transferee is ordered to be wound-up or is adjudged bankrupt;

(

b) all interest on the amount referred to

in clause (

a) that is accrued and unpaid to the end of the day on which the

depositor makes a claim under the guarantee, calculated at the rate of interest

applicable on the date of the transfer or the rate applicable on the date the

claim is made, whichever is lower; and

(

c) the

amount, if any, determined under the prescribed rules in respect of loss of

future interest on the term deposit.

Payment reduced for

deposit insurance

(4) The amounts payable by the Crown under

this

section in respect of a term deposit shall be reduced by all amounts, if

any, that are paid or payable to the depositor by the Canada Deposit Insurance

Corporation or the Deposit Insurance Corporation of Ontario in respect of the

term deposit.

Subrogation

(5) If the Crown makes a

payment under this section, the Crown shall be subrogated, to the extent of the

amount paid, to all the rights and interests of the depositor and may maintain

an action in respect of those rights and interests in the name of the depositor

or in the name of the Crown.

Payment by the Crown

(6) Payment by the Crown

to a depositor under this

section discharges and releases the Crown absolutely

from all liability to the depositor in respect of the term deposit, and no

further claim may be made by any person against the Crown in respect of the term

deposit.

Set-off against

transferee

(7) If the Crown makes a payment under this

section, the Crown may retain by way of deduction or set-off the amount of the

payment from any amount owing by the Crown to the transferee of the term

deposit under any agreement authorized by this Act or under any note, bond or

other evidence of indebtedness issued by the Minister under this Act.

Safety deposit boxes

(1) The

Minister may transfer a safety deposit box at the Province of Ontario Savings

Office and the contents of the safety deposit box and may assign any agreement

between the lessee of the safety deposit box and the Crown to the transferee.

No consent required

(2) A transfer and assignment under

subsection (1) may be carried out without the consent of the lessee of the

safety deposit box, but has no effect on the ownership of the contents of the

safety deposit box.

Notice to lessee

(3) The Ontario Financing Authority shall

give the lessee of a safety deposit box not less than 30 days written notice

before the transfer of the safety deposit box under subsection (1).

Unclaimed contents of

safety deposit boxes

(4) The following rules

apply if, before this

section comes into force, the rental of a safety deposit

box at the Province of Ontario Savings Office was terminated for non-payment of

the rental fee:

1. If the contents

of the safety deposit box were removed by the Crown more than five years before

this

section came into force, the Ontario Financing Authority may, without

further notice to the lessee of the safety deposit box, dispose of the contents

as it sees fit, including by destruction, sale at auction or by private sale,

and shall remit the proceeds, if any, to the Consolidated Revenue Fund.

2. If the contents of the safety deposit box were removed

by the Crown not more than five years before this

section came into force,

i. the

Ontario Financing Authority shall send a notice by ordinary mail to the last

address of the lessee of the safety deposit box in the books and records,

specifying that the contents of the safety deposit box will be disposed of if

the lessee fails to pay all outstanding safety deposit box rental fees and related

charges and expenses on or before the 30th day after the date specified in the

notice, and

ii. the

Ontario Financing Authority may dispose of the contents as it sees fit,

including by destruction, sale at auction or by private sale, and shall remit

the proceeds, if any, to the Consolidated Revenue Fund, if the lessee of the

safety deposit box fails to pay the outstanding safety deposit box rental fees

and related charges and expenses on or before the 30th day after the date

specified in the notice.

Crown not liable

(5) Upon a transfer and assignment referred

to in subsection (1) or a disposition of the contents of a safety deposit box

and remittance of the proceeds, if any, to the Consolidated Revenue Fund under

subsection (4), the Crown shall cease to be liable to any person in contract or

tort or as a bailee or otherwise in respect of the safety deposit box and its

contents.

Bulk Sales Act not

applicable

10. The

Bulk Sales Act does not apply to a transfer referred to in this Act.

Credit unions

(1) Despite

any provision of the Credit Unions and Caisses Populaires Act, 1994 , a

transferee incorporated under that Act may, for the purposes of a transfer or

other agreement under this Act,

(

a) administer,

on behalf of the Crown, some or all of the deposits maintained at the Province

of Ontario Savings Office;

(

b) receive

and maintain deposits from depositors whose deposits were transferred to the

transferee pursuant to this Act, whether or not the depositors are members of

the credit union, so long as they remain depositors continuously;

(

c) assume

from the Crown some or all of the liability to repay deposits;

(

d) promote merchandise and services

to depositors of deposits transferred pursuant to this Act in the same manner

as it may promote merchandise and services to its members; and

(

e) act as a depositary for the

purposes of the Ontario Home Ownership Savings Plan Act with respect to

home ownership savings plans transferred to it by the Minister pursuant to this

Act.

Deemed depositors of

the credit union

(2) Depositors of deposits transferred by the

Minister to a credit union pursuant to this Act shall be deemed to be

depositors of the credit union for the purposes of the Credit Unions and

Caisses Populaires Act, 1994 .

Notice

(1) The

Ontario Financing Authority shall give a depositor not less than 30 days notice

before the Minister effects a transfer of his or her deposit pursuant to an

agreement authorized by

section 2.

Ordinary mail

(2) Any notice required or

permitted by this Act, or by the Freedom of Information and Protection of

Privacy Act in respect of anything under this Act, shall be deemed to have

been given if sent by ordinary mail to the last address of

the addressee according to the books and records of the Province of Ontario

Savings Office.

When notice received

(3) Any notice given under

this Act shall be deemed to have been received on the fifth business day after

the day it is mailed.

Transfer of books and

records

(1) The Minister, the

Ontario Financing Authority or any other person who has custody or control of

any books or records maintained or used in connection with the operation of the

Province of Ontario Savings Office may, without the consent of any person and without

notice to any person, transfer ownership, custody or control of the books and

records, or disclose or provide access to the books and records, to a person

with whom the Crown has entered into an agreement authorized by

section 2 .

Same

(2) A transfer or disclosure of books and

records under subsection (1) shall be deemed to be undertaken for the purpose

of complying with this Act.

Collection of personal

information

(3) The Minister is authorized to collect

personal information directly or indirectly from a transferee for the purposes

of exercising the Crown’s rights and performing the Crown’s obligations under

this Act.

Freedom of

Information and Protection of Privacy Act

not applicable

(4) The Freedom of Information and

Protection of Privacy Act and the regulations under that Act shall not

apply,

(

a) to

the books and records transferred under this section, after the books and

records are transferred;

(

b) to

books and records created by a transferee or by a person pursuant to an

agreement entered into with the Minister under subsection 2 (4), after the day

the agreement takes effect; or

(

c) to

the contents of safety deposit boxes that are transferred to a transferee under

section 9, after the transfer, or to the disposal of the contents of safety

deposit boxes referred to in that

section that are removed by the Crown.

Conflict

14. The

provisions of this Act prevail over,

(

a) provisions

of another Act or a regulation, unless the other Act specifically states that

it prevails over the provisions of this Act; and

(

b) a

provision in an agreement, whether the agreement was entered into before or

after this

section comes into force.

Deemed interest rate

15. A

reference to an interest rate paid or payable by the Province of Ontario

Savings Office in a regulation made under

an Act or in an order made by the

Lieutenant Governor in Council shall be deemed to be a reference to a rate of

interest established by the Ontario Financing Authority as a proxy for that

rate.

Deemed statutory

compliance

16. If,

in compliance with or as permitted by

an Act or regulation, money is deposited

in a term deposit maintained at the Province of Ontario Savings Office and the

term deposit is transferred to a transferee pursuant to an agreement authorized

section 2, the transferred term deposit shall be deemed to be deposited in

compliance with or as permitted by the Act or regulation until it matures or is

terminated.

Regulations

17. The

Lieutenant Governor in Council may make regulations,

(

a) defining any word or expression

used in this Act but not defined in this Act;

(

b) prescribing Acts or regulations

that do not apply to a transfer or agreement under this Act;

(

c) governing the process for

determining which deposits with the Province of Ontario Savings Office are

unclaimed deposits and governing the administration, payment or disposition of

them;

(

d) prescribing any matter which may

be prescribed under this Act;

(

e) governing the transfer of assets,

liabilities, rights and obligations under this Act;

(

f) governing the payment of

deposits that are not transferred under an agreement authorized by

section 2;

(

g) governing

the administration and adjudication of claims made against the Crown under the

guarantee provided in

section 8;

(

h) prescribing the rules for

determining an amount in respect of loss of future interest on a term deposit

for the purposes of clause 8 (3) (c);

(

i) respecting any matter that the

Lieutenant Governor in Council considers necessary or advisable to carry out

the intent of this Act.

Commencement

18. The

Act set out in this

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor .

Short title

19. The

short title of the Act set out in this

Schedule is the Province of Ontario

Savings Office Privatization Act, 2002.

schedule I

amendments related to the

province of ontario savings office

Bailiffs Act

1. Subsection

13 (7) of the Bailiffs Act is amended by striking out “the Province of

Ontario Savings Office”.

Business Corporations Act

2. Subsection

227 (1) of the Business Corporations Act is amended by striking out “or

in the Province of Ontario Savings Office”.

Capital Investment Plan Act, 1993

3. Subsection

30 (1) of the Capital Investment Plan Act, 1993 is repealed and the

following substituted:

Objects

(1) Without limiting the powers or capacities

of the Authority, its objects include assisting public bodies and the Province

of Ontario to borrow and invest money, developing and carrying out financing

programs, issuing securities, managing cash, currency and other financial

risks, and providing such other financial services as are considered

advantageous to the Province or any public body.

Cemeteries Act (Revised)

4. Subsection

39 (1) of the Cemeteries Act (Revised) , as amended by the Statutes of

Ontario, 1994,

chapter 11,

section 382, is amended by striking out “the Province

of Ontario Savings Office”.

Collection Agencies Act

5. Clause

2 (

e) of the Collection Agencies Act is amended by striking out “the

Province of Ontario Savings Office”.

Community Small Business

Investment Funds Act

6. The

definition of “reserves” in subsection 19 (2) of the Community Small

Business Investment Funds Act , as amended by the Statutes of Ontario, 1997,

chapter 43,

Schedule C,

section 11 and 1998,

chapter 34,

section 19, is amended

by adding “or” at the end of clause (

a) and by striking out clauses (

b) and (

c) and substituting the following:

(

b) any

other prescribed investments.

Condominium Act, 1998

7. (1) Subsection

81 (4) of the Condominium Act, 1998 is amended by striking out “a credit

union or a Province of Ontario Savings Office” at the end and substituting “or

a credit union”.

(2) Subsection

115 (3) of the Act is amended by striking out “a credit union authorized by law

to receive money on deposit or a Province of Ontario Savings Office” at the end

and substituting “or a credit union authorized by law to receive money on

deposit”.

Education Act

8. Paragraph

2 of subsection 257.38 (1) of the Education Act , as enacted by the

Statutes of Ontario, 1997,

chapter 31,

section 113, is repealed.

Election Finances Act

9. Clause

39 (1) (

a) of the Election Finances Act is amended by striking out “The

Province of Ontario Savings Office”.

Evidence Act

10. The

definition of “bank” in subsection 33 (1) of the Evidence Act is

repealed and the following substituted:

“bank”

means a bank to which the Bank Act (Canada) applies and includes a

branch, agency or office of a bank.

Family Responsibility and

Support Arrears Enforcement Act, 1996

11. The

definition of “deposit account” in subsection 45 (9) of the Family

Responsibility and Support Arrears Enforcement Act, 1996 is amended by

adding “or” at the end of clause (

c) and by striking out clauses (

d) and (

e) and substituting the following:

(

d) a

similar institution.

Funeral Directors and

Establishments Act

12. The

definition of “depository” in

section 1 of the Funeral Directors and

Establishments Act is amended by striking out “Province of Ontario Savings

Office”.

Gaming Control Act, 1992

13. Subsection

27 (1) of the Gaming Control Act, 1992 is amended by striking out

“credit union as defined in the Credit Unions and Caisses Populaires Act ,

or Province of Ontario Savings Office” at the end and substituting “or credit

union as defined in the Credit Unions and Caisses Populaires Act, 1994 ”.

Legal Aid Services Act, 1998

Section

55 of the Legal Aid Services Act, 1998 is repealed and the following

substituted:

Banking

55. The

Corporation shall establish its banking arrangements with a bank listed in

Schedule I or II to the Bank Act (Canada) or a loan or trust corporation

registered under the Loan and Trust Corporations Act .

Legislative Assembly Act

15. Subsection

80 (2) of the Legislative Assembly Act is amended by striking out “with

the Province of Ontario Savings Office or”.

Metropolitan Toronto Convention

Centre Corporation Act

16. Subclause

6 (2) (d) (iii) of the Metropolitan Toronto Convention Centre Corporation

Act is amended by striking out “or with the Province of Ontario Savings

Office”.

Municipal Act, 2001

17. The

definition of “financial institution” in subsection 346 (3) of the Municipal

Act, 2001 is amended by adding “and” at the end of clause (b), by striking

out “and” at the end of clause (

c) and by striking out clause (d).

Municipal Affairs Act

Section

35 of the Municipal Affairs Act is amended by striking out “the Province

of Ontario Savings Office”.

Ontario Educational

Communications Authority Act

19. Subsection

10 (1) of the Ontario Educational Communications Authority Act is

amended by striking out “in The Province of Ontario Savings Office or”.

Ontario Home Ownership

Savings Plan Act

(1) The

definition of “depositary” in subsection 1 (1) of the Ontario Home Ownership

Savings Plan Act is amended by striking out “either the Province of Ontario

Savings Office or”.

(2) Clause 4 (2) (

b) of the Act is amended by

striking out “that is with a branch of the Province of Ontario Savings Office

or”.

Ottawa Congress Centre Act

21. Subclause

6 (2) (d) (iii) of the Ottawa Congress Centre Act is amended by striking

out “or with the Province of Ontario Savings Office”.

Real Estate and

Business Brokers Act

22. Subsection

20 (1) of the Real Estate and Business Brokers Act is amended by

striking out “credit union as defined in the Credit Unions and Caisses

Populaires Act , or Province of Ontario Savings Office” and substituting “or

credit union as defined in the Credit Unions and Caisses Populaires Act,

1994 ”.

St. Lawrence Parks

Commission Act

23. Clause

4 (2) (

c) of the St. Lawrence Parks Commission Act , as enacted by the

Statutes of Ontario, 1993,

chapter 16,

section 5, is amended by striking out

“the Province of Ontario Savings Office or”.

Commencement

24. This

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

Lieutenant Governor.

schedule j

amendments to the

retail sales tax act

1. The

definition of “fair value” in subsection 1 (1) of the Retail Sales Tax Act ,

as amended by the Statutes of Ontario, 1994,

chapter 13,

section 1, 1994,

chapter 17,

section 135, 2000,

chapter 10,

section 23 and 2001,

chapter 8,

section 227, is amended by adding “and” at the end of clause (

f) and by

striking out clause (g).

2. Subsection

7 (1) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 13,

section 4, 1994,

chapter 13,

section 9, 1996,

chapter 29,

section 26, 1997,

chapter 10,

section 32, 1997,

chapter 41,

section 125, 1998,

chapter 5,

section

45, 1999,

chapter 9,

section 184, 2000,

chapter 10,

section 28, 2000,

chapter

42,

section 93, 2001,

chapter 8,

section 230 and 2001,

chapter 23,

section 192,

is amended by adding the following paragraphs:

1.1 Packages

containing food products exempt from tax under paragraph 1 and a bonus that

is taxable tangible personal property, evidence of entitlement to receive a

taxable service or evidence of entitlement to an admission that would otherwise

be taxable under this Act if,

i. the

bonus is incidental to the food product in the package, is not ordinarily

packaged with the food product and is only packaged with the food product for

sale for a temporary period not exceeding six months,

ii. the

bonus is not a food product referred to in subparagraph 1 i, liquor, beer or

wine,

iii. the

bonus is not an entitlement to prepared food products from an eating

establishment, as defined by the Minister for the purposes of subparagraph 1

ii, the price of which would exceed $4,

iv. the

inclusion of the bonus in the package is intended to encourage the sale of the

food product, and

v. the

manufacturer of the package pays tax on the cost incurred by the manufacturer

to acquire, manufacture, produce or provide the bonus.

. . . .

6.1 Tobacco taxed

under the Tobacco Tax Act.

. . . .

67. Admissions

to a place of amusement that are donated to a registered charity, as defined in

subsection 248 (1) of the Income Tax Act (Canada), by an owner or

operator of the place of amusement.

68. Ready-mix

concrete used in the construction of a structure to be used by a manufacturer

directly in the manufacture or production of tangible personal property, but

Commencement

3. This

Schedule shall be deemed to have come into force on June 18, 2002.

schedule k

skydome act

(bus parking), 2002

Definition

1. In

this Act,

“Minister”

means the Minister of Municipal Affairs and Housing or such other member of the

Executive Council as may be designated under the Executive Council Act

to administer the Planning Act .

By-law requirement

deemed to be satisfied

(1) Despite

any general or special Act or municipal by-law, the provision of space for the

parking of 50 charter buses on block 18C shall be deemed to satisfy fully and

always to have satisfied fully the requirements of

section 10 (4) (vi) C of

City of Toronto By-law No. 1994-0806.

Parking space

(2) A space for parking a charter bus for the

purposes of subsection (1),

(

a) may

be in a parking station;

(

b) may

be accessory to the urban stadium and multi-purpose facility that is located on

a different lot; and

(

c) may

be used for the commercial parking of other vehicles.

Exception, parking

charge

(3) Despite the definition of “parking

station” in City of Toronto By-law No. 1994-0806, a charge may be levied for a

space referred to in subsection (2).

By-law requirements do

not apply

(4) Sections 4 (5), 5 and 7 of City of

Toronto By-law No. 1994-0806 do not apply with respect to the space for parking

charter buses referred to in subsection (1).

Interpretation

(5) In this section,

(a) “accessory”

has the meaning given to that term by City of Toronto By‑law No.

1994-0806;

(b) “block

18C” has the meaning given to that term by City of Toronto By‑law No.

1994-0806;

(c) “lot”

has the meaning given to that term by City of Toronto By‑law

No. 1994‑0806;

(d) “parking

station” has the meaning given to that term by City of Toronto By‑law No.

1994-0806; and

(e) “urban

stadium and multi-purpose facility” has the meaning given to that term by City

of Toronto By-law No. 1994-0806.

Deemed part of the

by-law

(1) The

provisions of

section 2 shall be deemed to form part of City of Toronto By-law

No. 1994-0806 and to have always formed part of that by-law.

Application

of s. 2

(2) Section 2 continues to apply despite any

by-law that may be passed by the City of Toronto and despite any order that may

be made by the Ontario Municipal Board pursuant to the Planning Act ,

unless the effect of the by-law or the order is to,

(

a) reduce

the number of charter buses for which space for parking must be provided in

connection with the urban stadium and multi-purpose facility to fewer than 50

charter buses; or

(

b) eliminate

the requirement to provide any space for parking charter buses in connection

with the urban stadium and multi-purpose facility.

Orders under Planning

Act , s. 47

(1) Nothing

in this Act derogates from the power of the Minister to make an order under

section 47 of the Planning Act .

Same

(2) Subsections 47 (8) to (14) of the Planning

Act do not apply to any order that may be made by the Minister under clause

47 (1) (

a) of the Planning Act relating to parking spaces for charter

buses with respect to premises known as SkyDome.

Amendment or revocation

of orders

(3) The Minister may, on his or her own

initiative, make an order under clause 47 (1) (

a) of the Planning

Act to amend or revoke in whole or in part any order described in

subsection (2) that is made by the Minister.

Application of Planning

Act , subss. 47 (1) to (6)

(4) Subsections 47 (1) to (6) of the Planning

Act apply with necessary modifications if the Minister makes an order

described in subsection (2) or (3).

No cause of action

(1) No

cause of action arises as a direct or indirect result of the enactment or

repeal of any provision of this Act.

No remedy

(2) No costs, compensation or damages are

owing or payable to any person and no remedy, including but not limited to a

remedy in contract, restitution, tort or trust, is available to any person in

connection with the enactment or repeal of any provision of this Act.

Proceedings barred

(3) No proceeding, including but not limited

to any proceeding in contract, restitution, tort or trust, that is directly or

indirectly based on or related to the enactment or repeal of any provision of

this Act may be brought or maintained against any person.

Same

(4) Subsection (3) applies regardless of

whether the cause of action on which the proceeding is purportedly based arose

before or after the coming into force of this Act.

Proceedings set aside

(5) Any proceeding referred to in subsection

(3) commenced before the day this Act comes into force shall be deemed to have

been dismissed, without costs, on the day this Act comes into force and any

decision in a proceeding referred to in subsection (3) is of no effect.

Exception, proceeding

by the Crown, etc.

(6) This

section does not apply to a

proceeding commenced by the Crown or the Stadium Corporation of Ontario Limited

and nothing in this

section precludes a proceeding commenced by the Crown or

the Stadium Corporation of Ontario Limited.

Person defined

(7) In this section, “person” includes, but

is not limited to,

(

a) the Crown and

its employees and agents; and

(

b) members of the

Executive Council.

Commencement

6. The

Act set out in this

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short title

7. The

short title of the Act set out in this

Schedule is the SkyDome Act (Bus

Parking), 2002.

schedule L

amendment to the

taxpayer protection act, 1999

Section

2 of the Taxpayer Protection Act, 1999 is amended by adding the

following subsection:

Exception, 2002

(6) Subsection (1) does not apply to a bill

that includes provisions that would be deemed to constitute, by virtue of

paragraph 2 of subsection (5), increases in tax rates under the Corporations

Tax Act , the Income Tax Act or both of those Acts if,

(

a) the bill

receives first reading in 2002;

(

b) the provisions

replace the specified future dates, on which decreases in tax rates (or

effective tax rates) in the Corporations Tax Act , the Income Tax Act

or both of those Acts are to take effect, with later dates; and

(

c) each

of the later dates mentioned in clause (

b) is a date that is no later than the

first anniversary of the specified future date it replaces.

Commencement

2. This

Schedule comes into force on the day the Keeping the Promise for Growth and

Prosperity Act (2002 Budget), 2002 receives Royal Assent.

schedule m

amendments to the

tobacco tax act

1. (1) Subsection

2 (1) of the Tobacco Tax Act , as re-enacted by the Statutes of Ontario,

1997,

chapter 10,

section 42, is repealed and the following substituted:

Tax on consumers

(1) Subject to subsection (1.1), every

consumer shall pay to Her Majesty in right of Ontario a tax at the rate of 67

per cent of the taxable price per cigarette on every cigarette and on every

gram or part gram of any tobacco, other than cigars and cigarettes, purchased

by the consumer.

Adjustment to tax

(1.1) If the federal levy in respect of a

cigarette increases or decreases after June 17, 2002, the tax payable by a

consumer under subsection (1) shall be increased or decreased, as the case may

be, by the full amount of the change in the federal levy, effective on the same

day as the change in the federal levy.

Same

(1.1.1) For the purposes of subsection (1.1),

the federal levy in respect of a cigarette as of June 17, 2002 is the sum of,

(

a) the

duty of $0.027475 per cigarette imposed under the Excise Act (Canada);

and

(

b) the

tax of $0.034276 per cigarette imposed under the Excise Tax Act

(Canada), other than under

Part IX of that Act, on cigarettes marked or stamped

in accordance with this Act.

(2) Subsection 2 (1.3) of the Act, as enacted

by the Statutes of Ontario, 1996,

chapter 18,

section 19, is repealed and the

following substituted:

Retail price of

cigarettes

(1.3) The following shall be excluded in

determining the retail price of a package of 25 cigarettes for the purposes of

subsection (1.2):

1. The total amount

of tax imposed on the package of cigarettes under this Act and under

section 23

and

Part IX of the Excise Tax Act (Canada).

2. The

amount of duty imposed on the package of cigarettes under the Excise Act

(Canada).

(3) Subsection 2 (1.4) of the Act, as

re-enacted by the Statutes of Ontario, 1997,

chapter 10,

section 42, is

repealed and the following substituted:

Transition

(1.4) Until the taxable price per cigarette

is prescribed by the Minister, every consumer shall pay to Her Majesty in right

of Ontario a tax at the rate of 6.85 cents on every cigarette and on every gram

or part gram of tobacco, other than cigars and cigarettes, purchased by the consumer,

rather than at the rate of 67 per cent of the taxable price per cigarette.

(4) Subsection 2 (1.5) of the Act, as enacted

by the Statutes of Ontario, 2000,

chapter 42,

section 98, is amended by

striking out “45 per cent” and substituting “56.6 per cent”.

Commencement

2. This

Schedule shall be deemed to have come into force on June 18, 2002.

schedule n

amendments to the

treasury board act, 1991

Section

7 of the Treasury Board Act, 1991 is amended by adding the following

subsection:

Application

(4) This

section applies only in respect of

fiscal years commencing before April 1, 2003.

2. The

Act is amended by adding the following section:

Special warrants, after

the 2002-2003 fiscal year

7.1

(1) If

the Legislature is not in session and a matter arises that requires the

incurring of expenditures for which there is no appropriation by the

Legislature or for which the appropriation is insufficient, the Lieutenant

Governor in Council, upon the report of the Board estimating the amount

required for the expenditure, may order a special warrant to be prepared and to

be signed by the Lieutenant Governor, authorizing the incurring of expenditures

in the amount estimated to be required, and the amount shall be incurred as

specified in the special warrant.

Where appropriation

exists

(2) Subject to subsection (4), if a special

warrant is issued with respect to an expenditure for which there is an

appropriation, the amount provided by the special warrant shall be added to and

shall be deemed to be part of the appropriation for the fiscal year in which

the special warrant is issued.

Where no appropriation

exists

(3) Subject to subsection (4), if a special

warrant is issued with respect to an expenditure for which there is no

appropriation, the amount provided by the special warrant shall be deemed to be

an appropriation for the fiscal year in which the special warrant is issued.

Warrant may apply to

next fiscal year

(4) A special warrant issued in a fiscal year

may provide that it applies with respect to the next fiscal year and it is an

appropriation for that next fiscal year.

Application

(5) This

section applies only in respect of a

fiscal year commencing on or after April 1,

Section

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

Application

(5) This

section applies only in respect of

fiscal years commencing before April 1, 2003.

4. The

Act is amended by adding the following section:

Board orders after the

2002-2003 fiscal year

8.1

(1) Despite

section 11.2 of the Financial Administration Act , the Board may by order

authorize expenditures to supplement the amount of any appropriation for a

fiscal year if the amount provided in the appropriation is insufficient to

carry out the purpose for which the appropriation was made.

Expenditures to be

offset by limit on other appropriation

(2) An order under subsection (1) shall

provide that the amount of the expenditures be offset by reducing the amount of

the expenditures to be incurred under any appropriation for the same fiscal

year that is not exhausted or that, in the opinion of the Board, is unlikely to

be fully exhausted in the fiscal year.

Report required

(3) An order may be made under subsection

(1) only if the Board has received from the ministry responsible for the program to

which the proposed supplementary appropriation relates, or from a person or

officer prescribed by the regulations made under this Act, a report in writing

setting out the necessity for further expenditures and the reason why the

appropriation, unless supplemented, is insufficient.

Timing

(4) An order under subsection (1) may be made

at any time before the books of the Government of Ontario for the fiscal year

are closed.

Application

(5) This

section applies only in respect of

fiscal years commencing on or after April 1, 2003.

Commencement

5. This

Schedule comes into force on the day the Keeping the Promise for Growth and

Prosperity Act (2002 Budget), 2002 receives Royal Assent.

SCHEDULE O

UNIVERSITY OF ONTARIO INSTITUTE

OF TECHNOLOGY ACT, 2002

Definitions

1. In

this Act,

“board” means the board of governors of

the university; (“conseil”)

“college” means the

Durham College of Applied Arts and Technology; (“collège”)

“teaching staff” includes

professors, associate professors, assistant professors, lecturers, associates,

instructors, tutors and all others engaged in the work of teaching or giving

instruction or in research at the university; (“corps professoral”)

“university” means the

University of Ontario Institute of Technology as established by this Act. (“ université ”)

University established

(1) A

university to be known as the University of Ontario Institute of Technology in

hereby established.

Corporation without

share capital

(2) The university is a corporation without

share capital and shall consist of the members of its board.

Conflicts

(3) In the event of a conflict between a

provision of this Act and a provision of the Corporations Act , the provision

of this Act prevails.

Special mission

3. It

is the special mission of the university to provide career-oriented university

programs and to design and offer programs with a view to creating opportunities

for college graduates to complete a university degree.

Objects

4. The

objects of the university are,

(

a) to provide undergraduate and

postgraduate university programs with a primary focus on those programs that

are innovative and responsive to the individual needs of students and to the

market-driven needs of employers;

(

b) to advance the highest quality of

learning, teaching, research and professional practice;

(

c) to

contribute to the advancement of Ontario in the Canadian and global contexts

with particular focus on the Durham region and Northumberland County; and

(

d) to

facilitate student transition between college-level programs and

university-level programs.

Powers

5. The

university has all the powers necessary and incidental to its objects.

Degrees, etc.

6. The

university may confer degrees, honorary degrees, certificates and diplomas in

any and all branches of learning.

Affiliation

7. The

university may contract, affiliate or federate with other universities,

colleges, research institutions and institutions of learning on such terms and

for such periods of time as the board may determine.

Board of governors

(1) There

shall be a board of governors of the university, consisting of not more than 25

members, as follows:

1. The president of

the university, by virtue of office.

2. The chancellor

of the university, by virtue of office.

3. Three members

appointed by the Lieutenant Governor in Council.

4. At least 12 and

not more than 16 members, as may be set out in the by-laws of the university, appointed

by the board, at least six of whom shall be members of the board of governors

of the college but who are not employees or students of the college.

5. Four members who

are students or employees of the university and who are elected by the relevant

constituencies of the university.

By-law respecting

elections

(2) The board shall by by-law determine the

manner and procedure for the election of members described in paragraph 5 of

subsection (1) and eligibility requirements for election to the board.

Term

(3) Subject to subsection (4), the term of

office for an elected or appointed member of the board shall be not more than

three years, as determined by by-law.

Same

(4) The term of office for a member of the

board who is a student of the university shall be one year.

Reappointment

(5) A member of the board is eligible for

reappointment or re-election.

Limitation

(6) A person elected or appointed to the

board under subsection (1) may not be a member of the board for more than six

consecutive years, but is eligible for reappointment or re-election after one

year’s absence from the board.

Vacancies

(7) A vacancy on the board occurs if,

(

a) a member resigns

or ceases to be eligible for appointment or election to the board;

(

b) a member is

incapable of continuing to act as a member and the board by resolution declares

the membership to be vacated; or

(

c) the

board by resolution declares a membership to be vacated for failure to attend

sufficient meetings, as provided in the by-laws of the university.

Same

(8) If a vacancy on the board occurs before

the term of office for which a member has been appointed or elected has

expired, the vacancy shall be filled in a timely fashion, as provided in the

by-laws, in the same manner and by the same body as the member whose membership

is vacant was elected or appointed and the new member shall hold office for the

remainder of the unexpired portion of the term of the member he or she is

replacing.

Same

(9) A person elected or appointed to the

board under subsection (8) may be reappointed or re-elected upon the expiry of

the term that he or she was elected or appointed to complete, but is eligible

for further reappointment or re-election only after one year’s absence from the

board.

Member on both boards

(10) Despite the requirements of paragraph 4

of subsection (1), if a person who is a member of both the board of the

university and the board of governors of the college ceases to be a member of

the board of the college, he or she may continue as a member of the board of

the university, but is not eligible for reappointment to the board of the

university in a position designated for a person who is a member of both

boards.

Same

(11) A person who continues his or her

membership on the board under subsection (10) shall be deemed to be a member of

the board of governors of the college for purposes of calculating the six

members referred to in paragraph 4 of subsection (1).

Quorum

(12) A quorum of the board consists of a

majority of its members and that majority must include at least half of the

members who are not students or employees of the university.

Chair, vice-chair

(13) The board shall elect annually a chair

and at least one vice-chair from among its members who are not students or

employees of the university and shall fill any vacancy in the office of chair

or vice-chair from among such members.

Duties

(14) The chair shall preside over the

meetings of the board and if the chair is unable to act or if the position is

vacant, a vice-chair shall act in his or her place and, if both the chair and

vice-chair are unable to act, the board may appoint a member who is not a

student or employee of the university to act temporarily in their place.

Powers and duties of

board

(1) The

board is responsible for governing and managing the affairs of the university

and has the necessary powers to do so, including the power,

(

a) subject

section 3, to determine the mission, vision and values of the university;

(

b) to

establish academic, research, service and institutional policies and plans and

to control the manner in which they are implemented;

(

c) to

appoint and remove the chancellor;

(

d) to

appoint and remove the president;

(

e) to

appoint, promote, suspend and remove members of the teaching staff and of the

administrative staff of the university;

(

f) to

establish faculties, schools, institutes and departments and to establish

chairs and councils in any faculty, school, institute or department of the

university;

(

g) to

govern standards for the admission of students to the university and for

graduation;

(

h) to

govern matters arising in connection with the award of fellowships,

scholarships, medals, prizes and other awards for academic achievement;

(

i) to

appoint committees and assign or delegate to them such duties and

responsibilities as may be provided in the by-laws of the university, including

authorizing them to act on behalf of the board in the matters specified in the

by-laws;

(

j) to

approve the annual budget of the university and to monitor its implementation;

(

k) to

establish and collect fees and charges for tuition and other services that may

be offered by the university or that may be approved by the board on behalf of

any organization or group of the university;

(

l) to

regulate the conduct of students, staff and all persons who use the property of

the university, including denying any person access to the property;

(

m) to define, for

the purposes of the by-laws, the following terms: student, staff, employee,

manager, professor, associate professor, assistant professor, lecturer,

associate, instructor and tutor;

(

n) to conclusively

determine which body within the university has jurisdiction over any matter;

(

o) to

determine the manner and procedure for electing members described in paragraph

5 of subsection 8 (1) to the board, including establishing constituencies and

voting practices; and

(

p) to make by-laws,

resolutions and rules for the conduct of its affairs.

Limitation

(2) The board shall not appoint, promote,

suspend or remove a member of the teaching staff or of the administrative staff

except on the recommendation of the president who shall be governed by the

terms of any applicable commitments and practices of the university.

Standard of conduct

(3) Every member of the board shall exercise

the powers and carry out the duties of his or her office diligently, honestly,

in good faith, in the best interests of the university and in accordance with

any other criteria set out in the by-laws of the university.

Conflict of interest

(4) A member of the board or of a committee

created by it who has a conflict of interest, as defined in the by-laws or

conflict of interest policies of the university, as the case may be, in a

matter in which the university is concerned shall declare his or her interest

as soon as possible and no later than at the first meeting at which the matter

is to be considered and, if required by the by-laws or policies, shall withdraw

from the meeting during the discussion of the matter and shall not vote on the

matter.

Exception, member of

college board

(5) A member of the board does not have a

conflict of interest by virtue only of the fact that he or she is also a member

of the board of governors of the college and, despite subsection (4), any such

member may take

part in discussing and voting on issues before the board of

either the university or the college concerning the university or the college

unless the discussion and voting deals with the circumstances of the particular

member as an isolated issue, separate and apart from general matters affecting the

university or the college.

Exception, employee

(6) Despite subsection (4), a member of the

board who is also an employee of the university may take

part in discussing and

voting on issues concerning general conditions of employment for university

employees, unless the discussion and voting deals with the circumstances of the

particular employee as an isolated issue, separate and apart from consideration

of other employees.

Exception, student

(7) Despite subsection (4), a member of the

board who is also a student may take

part in discussing and voting on issues

concerning students generally, unless such discussion and voting deals with the

circumstances of the particular student as an isolated issue, separate and

apart from consideration of other students.

Academic

council

(1) There

shall be an academic council of the university consisting of the president of

the university and such voting and non-voting members as may be provided for in

the by-laws of the university so long as a majority of the voting members are

members of the teaching staff of the university.

Purpose

(2) The academic council shall make

recommendations to the board with respect to the establishment of academic

standards and curricular policies and procedures of the university and the

regulation of such standards, policies and procedures and shall make recommendations

on such other matters as may be referred to it by the board.

Chair

(3) The president shall preside over meetings

of the academic council and, if the president is unable to act, the academic

council may appoint one of its members to act temporarily in his or her place.

Quorum

(4) A quorum of the academic council consists

of a majority of the voting members and that majority must include at least

half of the members who are members of the teaching staff.

Duty to consult

(5) Before making a decision with respect to

a matter referred to in clause 9 (1) (a), (b), (c), (f), (

g) or (h), the board

shall cause the president or a person designated by the president to consult

with the council on the matter and the president shall report to the board on

the consultation.

Chancellor

(1) There

shall be a chancellor of the university appointed by the board in such manner

as it shall determine.

Term of office

(2) The chancellor shall hold office for

three years and until a successor is appointed.

Reappointment

(3) The chancellor may be reappointed.

Duties

(4) The chancellor is the titular head of the

university and shall confer all degrees, honorary degrees, certificates and

diplomas on behalf of the university.

President

(1) There

shall be a president of the university appointed by the board in such manner

and for such term as the board shall determine.

Powers and duties

(2) The president is the chief executive

officer and vice-chancellor of the university and has supervision over and

direction of the academic and general administration of the university, its

students, managers, teaching staff and other employees, and such other powers

and duties as may be conferred upon or assigned to him or her by the board.

Meetings

(1) Subject

to subsection (2), meetings of the board and meetings of its permanent

committees shall be open to the public and prior notice of such meetings shall

be given to the members and to the public in the manner provided in the by-laws

of the university.

Exclusion

(2) The board may meet in the absence of the

public to discuss a matter of a personal nature concerning an individual or to

discuss a confidential matter as determined in accordance with the by-laws of

the university.

By-laws

(1) The

by-laws of the university shall be open to examination by members of the public

during normal business hours.

Publication

(2) The university shall publish its by-laws

in such manner and at such time as it considers proper.

Property

(1) The

university may purchase or otherwise acquire, take by gift, devise or bequest

and hold such property as the board considers necessary for the objects of the

university, and may mortgage, sell or otherwise dispose of the same as the

board, in its absolute discretion, considers appropriate.

Exemption from taxation

(2) Land vested in the university and land

and premises leased to and occupied by the university are exempt from

provincial and municipal taxes and development charges, so long as the vested

land or leased land and premises are actually used and occupied for the objects

of the university.

Protection from

expropriation

(3) Land vested in the university is not

liable to be entered upon, used or taken by any person or corporation, and no

power to expropriate land conferred after this Act comes into force shall

extend to such land unless the statute conferring the power expressly provides

otherwise.

Deemed vesting in Crown

(4) All property vested in the university

shall be deemed to be vested in the Crown for the public uses of Ontario for

the purposes of,

(

a) the

Limitations Act ; or

(

b) if

section 26 of Bill 10 (

An Act to revise the Limitations Act , introduced

on April 25, 2001), as numbered in the first reading version of the Bill, comes

into force, the Real Property Limitations Act.

Use of property

(5) The property and the revenue of the

university shall be applied solely to achieving the objects of the university.

Non-application

(6) Section 8 of the Charities Accounting

Act does not apply to the university.

Investments

(7) The funds of the university not

immediately required for its purposes and the proceeds of all property that

come into the hands of the board, subject to any trusts or conditions affecting

them, may be invested and reinvested in such investments as the board, in its

absolute discretion, considers appropriate and, except where a trust instrument

otherwise directs, such funds may be combined with trust money belonging to

various trusts in the care of the board into a common trust fund.

Borrowing

(8) The university, if authorized by its

by-laws, may, on such terms and in such amounts as the board may approve,

(

a) borrow

money and give security on money borrowed; and

(

b) issue

or give bonds, debentures and obligations as security.

Audits and reports

(1) The

board shall appoint one or more public accountants licensed under the Public

Accountancy Act to audit the accounts, trust funds and transactions of the

university at least once a year.

Financial report

(2) The university shall make a financial

report annually to the Minister of Training, Colleges and Universities in such

form and containing such information as the Minister may require.

Other reports

(3) The university shall submit to the

Minister of Training, Colleges and Universities all other reports as the

Minister may require.

Sharing

of facilities and services

(1) The

university and the college shall enter into an agreement for the sharing of

their real and personal property and for the sharing of their administrative

staff and services.

Same

(2) If the university and the college fail to

enter into an agreement as provided in subsection (1), the Minister of

Training, Colleges and Universities may by order provide for the sharing of

real and personal property and for the sharing of administrative staff and

services by the university and the college.

First

board: appointments by college board

(1) The

board of governors of the college shall appoint the first members of the board

described in paragraph 4 of subsection 8 (1) who shall in turn appoint the

first members of the board described in paragraph 5 of subsection 8 (1).

Same

(2) Despite subsection (1), no student or

employee shall be appointed to the board until the university has at least 25

students and 10 employees.

Rotating membership

(3) The term of office of the members of the

first board appointed after the coming into force of this Act shall be one

year, two years or three years, as determined by the board of governors of the

college.

Commencement

(1) Subject

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

Schedule comes into force on the day

the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002

receives Royal Assent.

Same

(2) Section 6 comes into force on a day to be

named by proclamation of the Lieutenant Governor.

Short title

20. The

short title of the Act set out in this

Schedule is the University of Ontario

Institute of Technology Act, 2002 .

SCHEDULE P

AMENDMENTS RELATED TO

POST-SECONDARY EDUCATION

Capital Investment Plan Act, 1993

(1) The

definition of “public body” in subsection 29 (1) of the Capital Investment

Plan Act, 1993 is amended by striking out “Ryerson Polytechnical Institute”.

(2) The definition of “public body” in

subsection 29 (1) of the Act is amended by striking out “Ontario College of

Art” and substituting “Ontario College of Art & Design”.

(3) Subsection

29 (2) of the Act is repealed.

(4) Subsection

33 (2) of the Act is amended by striking out “or Ryerson Polytechnical

Institute” and by striking out “Ryerson Polytechnical Institute”.

(5) Subsection

33 (2) of the Act is amended by striking out “Ontario College of Art” and

substituting “Ontario College of Art & Design”.

Corporatio