Burden Reduction Act, 2016 Duguid, Hon. Brad Minister of Economic Development and Growth — Bill 218 (41st Parliament, 1st Session)

Bill 218, 41-1

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Bill 218, Burden Reduction Act, 2016

Duguid, Hon. Brad Minister of Economic Development and Growth

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[41] Bill 218 Original (PDF)

Bill 218 2016

Act to reduce the regulatory burden on business, to enact various new Acts and

to make other amendments and repeals

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule

Ministry

of Agriculture, Food and Rural Affairs

Schedule

Ministry

of the Attorney General

Schedule

Bulk

Sales Act Repeal

Schedule

International

Choice of Court Agreements Convention Act, 2016

Schedule

International

Commercial Arbitration Act, 2016

Schedule

International

Electronic Communications Convention Act, 2016

Schedule

International

Recognition of Trusts Act, 2016

Schedule

International

Sale of Goods Act Amendments

Schedule

Ministry

of Citizenship, Immigration and International Trade

Schedule

Ministry

of Energy

Schedule

Ministry

of the Environment and Climate Change

Schedule

Ministry

of Government and Consumer Services

Schedule

Ministry

of Labour

Schedule

Ministry

of Natural Resources and Forestry

Schedule

Ministry

of Northern Development and Mines

Schedule

Ministry

of Tourism, Culture and Sport

Schedule

Ministry

of Transportation

______________

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1. This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

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

Royal Assent.

Schedules

(2) The Schedules to this Act come into

force as provided in each Schedule.

Different

dates for same

Schedule

(3) If a

Schedule to this Act provides that

any of its provisions are to come into force on a day to be named by

proclamation of the Lieutenant Governor, a proclamation may apply to one or

more of those provisions, and proclamations may be issued at different times

with respect to any of those provisions.

Short

title

3. The

short title of this Act is the Burden Reduction Act, 2016 .

Schedule

Ministry of Agriculture, Food and Rural Affairs

Ministry

of Agriculture, Food and Rural Affairs Act

1. Clause

4 (

a) of the Ministry of Agriculture, Food and Rural

Affairs Act is amended by striking out "agriculture and food" and

substituting "agriculture, food and rural affairs".

2. The

Act is amended by adding the following sections:

Agreements

6.1 The

Minister may enter into agreements in respect of any matter that is under his

or her administration under this or any other Act.

Establishment

of programs by Minister

6.2

(1) The

Minister may, by order, establish programs for the encouragement of any branch

of agriculture, food or rural affairs.

Contents

of order

(2) An order establishing a program shall

set out,

(

a) the

conditions under which services are to be provided under the program;

(

b) the

conditions under which any grants or other payments under the program may be

made and the circumstances in which the grants and payments shall be repaid;

(

c) any

restrictions on whether a grant or the payment made under the program may be

assigned, charged, attached or given as security, and the legal effect of any

purported transaction that contravenes the restrictions; and

(

d) the

circumstances under which expenses incurred by participants in the program in

connection with the program may be reimbursed by the Minister.

Fees

(3) An order establishing a program may,

(

a) require

that persons participating in the program or classes of such persons pay fees;

(

b) fix

the amount of the fees; and

(

c) specify

any circumstances in which the fees may be waived or refunded.

Delegation

of program administration

(4) An order establishing a program may

specify that any of the following persons are authorized to administer the

program:

1. A

person employed under

Part III of the Public Service of

Ontario Act, 2006 who works in or provides services to the Ministry.

2. A

person or entity other than a person described in paragraph 1 with whom the

Minister enters into an agreement in respect of administering the program.

Municipal

valuers

(5) If a program requires the appointment

of valuers for the purposes of investigating or assessing damage to livestock

or poultry caused by wild animals, the council of every municipality shall

appoint one or more persons as valuers for that purpose.

Publication

of order

(6) An order made under subsection

(1) shall be published on the Government of Ontario's website.

Part

III of Legislation Act, 2006

(7) Part III of the Legislation

Act, 2006 does not apply to an order made under this section.

3. (1) Subsection

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

(1) Upon the recommendation of the

Minister, the Lieutenant Governor in Council may, by order, establish programs

for the encouragement of any branch of agriculture, food or rural affairs.

(2) Section 7 of the Act is amended by

adding the following subsections:

Part

III of Legislation Act, 2006

(7) Part III of the Legislation

Act, 2006 does not apply to an order made under this section.

Transition

to Minister's orders

(8) A program that was established by the

Lieutenant Governor in Council under this

section before the day

section 2 of

Schedule

1 of the Burden Reduction Act, 2016 comes into

force and that is still in effect on that day is deemed, on and after that day,

to be a program established by the Minister under

section 6.2.

Commencement

4. This

Schedule comes into force on the day the Burden Reduction

Act, 2016 receives Royal Assent.

Schedule

Ministry of the Attorney General

Courts

of Justice Act

Section

14 of the Courts of Justice Act is amended by

adding the following subsection:

Small

Claims Court Administrative Judge

(5.1) The Chief Justice of the Superior

Court of Justice may delegate to the Small Claims Court Administrative Judge

appointed under

section 87.2 his or her powers and duties under subsection

(1) in respect of the Small Claims Court, subject to such conditions or

restrictions as he or she may specify.

2. Clause

21 (2) (

b) of the Act is amended by striking out "a provincial judge or a

deputy judge" and substituting "a person referred to in subsection 24 (2)".

3. Subsection

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

Other

judicial officials who may preside

(2) Despite subsection (1), a proceeding in

the Small Claims Court may also be heard and determined by,

(

a) a

provincial judge who was assigned to the Provincial Court (Civil Division)

immediately before the 1st day of September, 1990;

(

b) a

deputy judge appointed under

section 32; or

(

c) the

Small Claims Court Administrative Judge appointed under

section 87.2.

4. Clause

33 (2) (

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

(

d) the

Small Claims Court Administrative Judge appointed under

section 87.2 or a

deputy judge, as appointed by the Chief Justice; and

5. Subsection

33.1 (21) of the Act is amended by striking out "the person's duty under this

section" at the end and substituting "any power or duty of the person, or for

any neglect or default in the exercise or performance in good faith of such

power or duty".

6. (1) Subsection

43 (5) of the Act is repealed.

(2) Section 43 of the Act is amended by

adding the following subsection:

Personal

liability

(15) No action or other proceeding for

damages shall be instituted against the Committee or any of its members for any

act done in good faith in the execution or intended execution of any power or

duty of the Committee, or for any neglect or default in the exercise or

performance in good faith of such power or duty.

7. Subsection

47 (8) of the Act is repealed.

8. (1) Subsections

48 (1) and (2) of the Act are repealed and the following substituted:

Resignation

and election

Resignation

(1) A provincial judge may at any time

resign from his or her office by delivering a signed letter of resignation to

the Chief Justice of the Ontario Court of Justice or, in the case of the Chief

Justice, to the Attorney General.

Election

(2) A Chief Justice, an associate chief

justice or a regional senior judge may, before the expiry of his or her term of

office under

section 42, elect to hold the office of a provincial judge only,

by delivering a signed letter to that effect to the Attorney General in the

case of a Chief Justice, or to the Chief Justice of the Ontario Court of

Justice in any other case.

(2) Subsection 48 (4) of the Act is amended

by striking out "to the Attorney General" and substituting "to the Chief

Justice or the Attorney General, as the case may be".

9. (1) Subsection

49 (7) of the Act is repealed.

(2) Subsection 49 (27) of the Act is

amended by striking out "the Council's or person's duty" at the end and

substituting "any power or duty of the Council or person, or for any neglect or

default in the exercise or performance in good faith of such power or duty".

10. Subsection

51.8 (5) of the Act is repealed.

11. (1) Subsection

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

(a.4) providing

for the matters referred to in clauses (a.2) and (a.3) with respect to the Small

Claims Court Administrative Judge appointed under

section 87.2;

(2) Subsection 53 (3) of the Act is amended

by striking out "clause (1) (a.2) or (a.3)" and substituting "clause (1) (a.2),

(a.3) or (a.4)".

12. Clause

65 (2) (

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

(

d) the

Small Claims Court Administrative Judge appointed under

section 87.2;

13. Subsections

70 (2) and (3) of the Act are repealed.

14. The

Act is amended by adding the following

section before

Part V:

Provincial

offences rules

70.1

(1) Subject

to subsection (2), the Attorney General may make rules in relation to the

practice and procedure of the Court of Appeal, the Superior Court of Justice

and the Ontario Court of Justice in proceedings under the Provincial

Offences Act , including rules,

(

a) regulating

any matters relating to the practice and procedure of proceedings under the Provincial Offences Act ;

(

b) prescribing

forms;

(

c) regulating

the duties of the employees of the courts;

(

d) regulating

the duties of municipal employees and other persons who act under the authority

of agreements made under

Part X of the Provincial Offences

Act ;

(

e) prescribing

and regulating the procedures under any Act that confers jurisdiction under the

Provincial Offences Act on the Ontario Court of

Justice or a judge or justice of the peace sitting in it;

(

f) prescribing

any matter relating to proceedings under the Provincial

Offences Act that is referred to in

an Act as provided for by the rules

of court.

Prior

approval of courts

(2) Before a rule may be made under subsection

(1), the Attorney General shall obtain the approval of one or more of the Chief

Justice of Ontario, the Chief Justice of the Superior Court of Justice and the

Chief Justice of the Ontario Court of Justice, as the Attorney General

considers appropriate given the proceedings to which the rule would apply.

Recommendations,

proposals by courts

(3) The Attorney General shall consider any

recommendations or proposals given to him or her by the Chief Justice of

Ontario, the Chief Justice of the Superior Court of Justice or the Chief

Justice of the Ontario Court of Justice respecting rules that may be made under

subsection (1).

15. Subsection

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

Assignment

of powers, duties

(2) The Deputy Attorney General or a person

designated by the Deputy Attorney General may, in writing, assign to any person

or clas

Document details

Collection	Ontario — Bills
Citation	Bill 218, 41-1
Type	bill
Volume / chapter	p41 s1 bill 218 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a4db13851e3e31ac735ee5322702f829ef6252b5

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