p43 s1 bill 216 b216ra e 1.pdf

Ontario — Bills

1ST SESSION, 43RD LEGISLATURE, ONTARIO 3 CHARLES III, 2024 Bill 216 (Chapter 20 of the Statutes of Ontario, 2024)

An Act to implement Budget measures and to enact and amend various statutes The Hon. P. Bethlenfalvy Minister of Finance 1st Reading October 30, 2024 2nd Reading November 6, 2024 3rd Reading November 6, 2024 Royal Assent November 6, 2024

EXPLANATORY NOTE This Explanatory Note was written as a reader’s aid to Bill 216 and does not form part of the law. Bill 216 has been enacted as

Chapter 20 of the Statutes of Ontario, 2024.

SCHEDULE 1 ASSESSMENT ACT Paragraph 4.0.1 of subsection 3 (1) of the Assessment Act sets out the conditions that must be satisfied for land leased and occupied solely by a university to be exempt from taxation under the Act. These include a condition that land must form part of the main campus of the university. This paragraph is amended to allow for land used to provide residential accommodation for students of the university to be exempt from taxation, even if the land does not form part of the main campus of the university.

SCHEDULE 2 CANADIAN PUBLIC ACCOUNTABILITY BOARD ACT (ONTARIO), 2006 Currently, subsection 11 (2) of the Canadian Public Accountability Board Act (Ontario), 2006 places restrictions on the disclosure of documents and other information prepared for or received by the Canadian Public Accountability Board in the exercise of its mandate and in connection with, among other things, an inspection carried out under the Board’s oversight program. The

Schedule creates an exemption to this restriction by enabling the Board, subject to restrictions on the disclosure of specific types of information, to disclose findings from an inspection to the concerned reporting issuer and participating audit firm and to disclose to the public information from the final version of a report setting out the results of an inspection.

SCHEDULE 3 CITY OF TORONTO ACT, 2006 The

Schedule amends the City of Toronto Act, 2006 by adding a new

section 302.4, which authorizes the disclosure of specified tax information by the Minister of Finance or a person authorized by the Minister of Finance to the City and by the City to the Minister of Finance.

SCHEDULE 4 CONSTRUCTION ACT The

Schedule makes various amendments to the Construction Act. In subsection 1 (1), the definition of “price” is amended to permi t regulations to specify a price for a contract or subcontract other than actual market value of supplied services or materials, where the parties don’t agree to a different price. As well, the definition of “written notice of a lien” is amended to include a copy of a claim for lien registered under clause 34 (1) (

a) or given under clause 34 (1) (b).

Section 6.1 is amended by making changes to the criteria that must be met in order for an invoice to be considered a proper invoice for the purposes of

Part I.1 (prompt payment). As well, the

section is amended to provide that an invoice that does not meet those requirements will be deemed to be a proper invoice unless the owner notifies the contractor in writing of the deficiency and of what is required to address it, within the specified time. A number of amendments are made to

Part II.1 (construction dispute interim adjudication), including the following: 1. The

Part is amended to permit adjudication to be conducted by a private adjudicator, instead of by an adjudicator included in the Authorized Nominating Authority’s adjudicator registry. Fees payable to a private adjudicator are agreed to by the adjudicator and the parties to the adjudication. Fees payable for the appointment of a private adjudicator are to be governed by regulations made under the Act.

Section 13.5 is amended to provide that the list of matters that may be adjudicated are to be specified by the regulations, not in the Act. As well, the regulations may provide for adjudication between parties to different contracts or subcontracts respecting the same improvement. 3. Subsection 13.8 (2) currently provides that a contractor may, in the specified circumstances, require the consolidation of multiple related adjudications. The subsection is re-enacted to provide that the consolidation may be required by any party to any of the adjudications. 4. A new

section 13.12.1 provides for the making of objections to an adjudicator’s jurisdiction to conduct an adjudication, or on the basis that an adjudicator has exceeded their jurisdiction in the conduct of an adjudication. 5. A new

section 13.17.1 provides for the making of corrections to an adjudicator’s determination after it has been communicated to the parties to the adjudication. Sections 26 to 26.2, respecting the payment of holdback required to be retained under subsection 22 (1) (basic holdback), are repealed and replaced by new holdback payment rules. The re -enacted

section 26 requires annual payment of the holdback in accordance with rules and restrictions specified by the section. The

section also addresses the payment of holdback that isn’t

ii paid or payable on an annual basis.

Section 31, respecting the expiry of liens, is consequently amended to address the new annual holdback payment requirement.

Section 27.1, permitting non- payment of holdback in specified circumstances, is repealed and not replaced. A new

section 87.4 deals with transition, and addresses the application of the amendments made by the

Schedule to improvements. Subsection 88 (2) is also amended to permit the making of regulations respecting related transitional matters. Various other amendments are made to the Act, including amendments to subsection 88 (1), respecting the scope of regulation- making authority under the Act.

SCHEDULE 5 CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020 The Credit Unions and Caisses Populaires Act, 2020 is amended. Here are some highlights: Parts IV and VII of the Act are amended to provide that a disclosure of information to the Chief Executive Officer made under either of those Parts does not constitute a waiver of solicitor-client privilege. New

section 129.1 requires a credit union to notify the Chief Executive Officer when an auditor resigns, is replaced or is removed from office.

Part X of the Act is amended to give the Chief Executive Officer additional examination powers and the power to issue summonses in certain circumstances. New

section 234.1 gives the Chief Executive Officer the power to make resolution orders in respect of credit unions that are subject to administration by the Chief Executive Officer. These orders may stay early termination under a contract, prevent the termination of a credit union’s membership in an organization, stay proceedings and prevent the payment of certain amounts to the credit union’s directors and other executives.

SCHEDULE 6 EMPLOYER HEALTH TAX ACT The

Schedule amends the Employer Health Tax Act to do the following: 1. Modify the manner by which the exemption amount for associated eligible employers is determined for a year beginning after December 31, 2024. 2. Remove the exemption that currently allows employers who paid or will pay the total Ontario remuneration for a year during one month in the year not to pay instalments on account of tax payable for the year. 3. Provide that the deadline for delivering an annual return for a year is March 15 of the following year (as opposed to the current rule of a prescribed date applicable to the taxpayer). 4.

Establish a mechanism to allow taxpayers to request that the Minister assess the tax payable in respect of a year and to allow the Minister to refund any amount that the Minister determines to be an overpayment of tax.

SCHEDULE 7 FUEL TAX ACT Clause 2 (1.1) (

a) of the Fuel Tax Act currently provides for a reduction of the tax payable by purchasers of clear fuel if the tax is payable during the period beginning on July 1, 2022 and ending on December 31, 2024. The clause is amended to provide that the period ends on June 30, 2025.

SCHEDULE 8 GASOLINE TAX ACT Clause 2 (1.1) (

a) of the Gasoline Tax Act currently provides for a reduction of the tax payable by purchasers of gasoline if the tax is payable during the period beginning on July 1, 2022 and ending on December 31, 2024. The clause is amended to provide that the period ends on June 30, 2025.

SCHEDULE 9 IGAMING ONTARIO ACT, 2024 iGaming Ontario is a subsidiary of the Alcohol and Gaming Commission of Ontario under Ontario Regulation 722/21 (Lottery Subsidiary – iGaming Ontario) made under the Alcohol and Gaming Commission of Ontario Act, 2019. The

Schedule revokes the Regulation and enacts the iGaming Ontario Act, 2024, which continues iGaming Ontario as a corporation without share capital that is not a subsidiary of the Commission. The Alcohol and Gaming Commission of Ontario Act, 2019 and the Gaming Control Act, 1992 are amended to remove references to a lottery subsidiary. The Alcohol and Gaming Commission of Ontario Act, 2019 is also amended to re-enact provisions relating to personal immunity from civil liability and to the Commission’s powers respecting the hiring of employees and officers, and to make other amendments.

Section 48 of the Cannabis Licence Act, 2018, respecting personal immunity, is consequentially repealed.

iii

SCHEDULE 10 INSURANCE ACT The

Schedule amends the Insurance Act. Here are some highlights: New

Part XIV.1 of the Act establishes licensing requirements for managing general agents licensed for classes of life insurance and accident and sickness insurance. Related amendments are made to the Act and provision is also made for rules to be made by the Authority. The Act is amended to provide that regulations may be made governing excess insurance in the context of statutory accident benefits. The

Schedule also includes various amendments to the Act relating to the delivery of certain notices by insurers. Technical amendments are made to the French version of the Act.

SCHEDULE 11 INTERIM APPROPRIATION FOR 2025-2026 ACT, 2024 The

Schedule enacts the Interim Appropriation for 2025-2026 Act, 2024, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2026 up to specified maximum amounts. All expenditures made or recognized under the Act must be charged to the proper approp riation following the voting of supply for the fiscal year ending on March 31, 2026.

SCHEDULE 12 MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT The

Schedule adds a provision to the Ministry of Training, Colleges and Universities Act providing that, when admitting students into a medical health education program, publicly-assisted universities must ensure that at least 95 per cent of students admitted are ordinarily resident in Ontario and the remainder of the students admitted must be a Canadian citizen, a permanent resident, a protected person or a prescribed person or belong to a class of prescribed persons. Two exceptions to this rule a re set out; namely if a different percentage has been prescribed in the regulations or if there is an insufficient number of qualified applicants who are ordinarily resident in Ontario.

SCHEDULE 13 MUNICIPAL ACT, 2001 The

Schedule amends the Municipal Act, 2001 by adding a new

section 338.4.1, which authorizes the disclosure of specified tax information by the Minister of Finance or a person authorized by the Minister of Finance to municipalities and by municipalities to the Minister of Finance.

SCHEDULE 14 ONTARIO LOTTERY AND GAMING CORPORATION ACT, 1999 The

Schedule makes various amendments to the Ontario Lottery and Gaming Corporation Act, 1999 in relation to certain approvals contemplated by the Act.

SCHEDULE 15 SUPPLEMENTARY INTERIM APPROPRIATION FOR 2024-2025 ACT, 2024 The

Schedule enacts the Supplementary Interim Appropriation for 2024 -2025 Act, 2024, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2025 up to specified maximum amounts. The expenditures authorized are in addition to those authorized under the

Document details

Collection	Ontario — Bills
Citation	p43 s1 bill 216 b216ra e 1.pdf
Type	bill
Volume / chapter	p43 s1 bill 216 b216ra e 1.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	95adfd086fa5efd183e20ba8c59b44560b15d343

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