Opportunity in the Sharing Economy Act, 2015 Hudak, Tim — Bill 131 (41st Parliament, 1st Session)

Bill 131, 41-1

Ontario — Bills

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Bill 131, Opportunity in the Sharing Economy Act, 2015

Hudak, Tim

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[41] Bill 131 Original (PDF)

Bill 131 2015

An Act to enact two

new Acts and to amend other Acts to regulate transportation network vehicles,

to provide freedom for individual residential property owners to share their

property for consideration with others and to deal with the expenses of public

sector employees and contractors in that connection

CONTENTS

Contents

of Act

Commencement

Short

title

Schedule

Competition

in Public Sector Employee and Contractor Expenses Act, 2015

Schedule

Amendments

Related to Home and Parking Sharing

Schedule

Transportation

Network Vehicles Act, 2015

______________

Her

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

Province of Ontario, enacts as follows:

Contents

of 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 Opportunity in the Sharing

Economy Act, 2015 .

Schedule 1

COMPETITION IN PUBLIC SECTOR EMPLOYEE AND CONTRACTOR EXPENSES Act, 2015

Definitions

1. In this Act,

"public

sector" means,

(

a) the

Crown in right of Ontario, an agency of it, or an authority, a board, a

commission, a corporation, an office or an organization of persons, a majority

of whose members, directors or officers are appointed or chosen by or under the

authority of the Lieutenant Governor in Council or a member of the Executive

Council,

(

b) the

corporation of a municipality in Ontario,

(

c) a

local board as defined by the Municipal Affairs Act

or an authority, a board, a commission, a corporation, an office or an

organization of persons, some or all of whose members, directors or officers

are appointed or chosen by or under the authority of the council of the corporation

of a municipality in Ontario,

(

d) a

board within the meaning of the Education Act ,

(

e) a

university in Ontario or a college of applied arts and technology or

post-secondary institution in Ontario, whether or not affiliated with a

university, the enrolments of which are counted for purposes of calculating

annual operating grants entitlements,

(

f) a

hospital referred to in the list of hospitals and their grades and

classifications maintained by the Minister of Health and Long-Term Care under

the Public Hospitals Act or a private hospital

operated under the authority of a licence issued under the Private Hospitals Act ,

(

g) a

corporation with share capital, at least 90 per cent of the issued shares of

which are beneficially held by or for an employer or employers described in

clauses (

a) to (f), and every wholly-owned subsidiary of the corporation,

(

h) a

corporation without share capital, the majority of whose members, directors or

officers are members of, or are appointed or chosen by or under the authority

of, an employer or employers described in clauses (

a) to (f), or a wholly-owned

subsidiary of the corporation,

(

i) a

board of health under the Health Protection and Promotion

Act ,

(

j) the

Office of the Lieutenant Governor of Ontario, the Office of the Assembly, a

member of the Assembly or the offices of persons appointed on an address of the

Assembly,

(

k) Hydro

One Inc. or any of its subsidiaries,

(

l) Ontario

Power Generation Inc. or any of its subsidiaries, and

(

m) any

authority, board, commission, corporation, office, person or organization of

persons, or any class of authorities, boards, commissions, corporations,

offices, persons or organizations of persons, prescribed by the regulations

made under this Act; ("secteur public")

"transportation network" means a digital network or other

electronic means that allows persons to arrange to receive transportation, for

compensation, in a transportation network vehicle; ("réseau numérique de

transport")

"transportation network vehicle" means a motor vehicle, within

the meaning of the Highway Traffic Act , that,

(

a) has

a seating capacity of not more than 10 persons, exclusive of the driver, and

(

b) is

hired through the use of a transportation network for one specific trip for the

transportation exclusively of one person or group of persons or their personal

belongings, where only one fare or charge is collected or made for the trip,

but does not include a taxicab, for which the owner or

driver is required to have a licence under a by-law made under the City of Toronto Act, 2006 or the Municipal

Act, 2001. ("véhicule de réseau")

Entering

into public sector contracts

(1) No

person or body that forms part of the public sector shall, in calling for

tenders for any work, refuse to consider a bid for the sole reason that it

proposes that the persons who will perform the work, or any part of it, can or

will, in order to perform the work, arrange to,

(

a) receive

transportation in transportation network vehicles through the use of a

transportation network in accordance with the Transportation

Network Vehicles Act, 2015 ; or

(

b) use

real property in accordance with

section 91.1 of the City

of Toronto Act, 2006 or

section 153.1 of the Municipal

Act, 2001.

Same

(2) No person or body that forms part of

the public sector shall refuse to enter into a contract for the performance of

work for the sole reason that the contract permits or requires that the persons

who will perform the work, or any part of it, can or will, in order to perform

the work, arrange to,

(

a) receive

transportation in transportation network vehicles through the use of a

transportation network in accordance with the Transportation

Network Vehicles Act, 2015 ; or

(

b) use

real property in accordance with

section 91.1 of the City

of Toronto Act, 2006 or

section 153.1 of the Municipal

Act, 2001.

Terms

of work for employees and contractors

3. No

person or body that forms part of the public sector and that engages any

employee or contractor to perform work on its behalf shall prevent the employee

or contractor from arranging, in order to perform the work, to,

(

a) receive

transportation in transportation network vehicles through the use of a

transportation network in accordance with the Transportation

Network Vehicles Act, 2015 ; or

(

b) use

real property in accordance with

section 91.1 of the City

of Toronto Act, 2006 or

section 153.1 of the Municipal

Act, 2001.

Act

prevails

4. This

Act prevails despite any other Act or agreement to the contrary.

Regulations

5. The

Lieutenant Governor in Council may make regulations,

(

a) doing

anything described as prescribed in clause (

m) of the definition of "public

sector" in

section 1;

(

b) governing

transitional matters that, in the opinion of the Lieutenant Governor in

Council, are necessary to implement this Act or the regulations made under it.

Review

of Act

6. A

committee of the Legislative Assembly shall,

(

a) begin

a comprehensive review of this Act not later than the fifth anniversary of the

day on which this

section comes into force; and

(

b) within

one year after beginning that review, make recommendations to the Assembly concerning

amendments to this Act.

Commencement

7. The

Act set out in this

Schedule comes into force on the day the Opportunity in the Sharing Economy Act, 2015 receives

Royal Assent.

Short

title

8. The

short title of the Act set out in this

Schedule is the Competition

in Public Sector Employee and Contractor Expenses Act, 2015 .

Schedule 2

AMENDMENTS RELATED TO Home AND PARKING Sharing

City of Toronto Act, 2006

1. The

City of Toronto Act, 2006 is amended by adding the

following section:

Sharing

use of residential property

91.1

(1) Despite

sections 7 and 8, the City shall not pass a by-law requiring an individual to

have a licence in order to allow a third party, for consideration, to use real

property that the individual owns, whether the property is space that is designed

for living accommodation or is a parking space and whether or not the third

party uses the property in conjunction with the individual, if,

(

a) the property is zoned for use

for residential or ancillary purposes for the entire time that the third party

uses the property;

(

b) all third parties combined who

use the property do so for no more than 120 days in a calendar year if the

property is not a parking space; and

(

c) the individual maintains

insurance for damage to the property that is caused by major perils and the

insurance is maintained in accordance with the prescribed requirements, if any.

Definition

(2) In subsection (1),

"major

perils" means the perils of fire, lightning, smoke, windstorm, hail, explosion,

water escape, strikes, riots or civil commotion, impact by aircraft or

vehicles, vandalism or malicious acts.

Regulations

(3) The Lieutenant Governor in Council may

make regulations,

(

a) prescribing

requirements for the insurance described in clause (1) (c), including

specifying the amounts required for the insurance; and

(

b) governing

transitional matters that, in the opinion of the Lieutenant Governor in

Council, are necessary to implement this section.

Review

of section

(4) A committee of the Legislative Assembly

shall,

(

a) begin

a comprehensive review of this

section not later than the fifth anniversary of

the day on which it comes into force; and

(

b) within

one year after beginning that review, make recommendations to the Assembly concerning

amendments to this section.

Municipal Act, 2001

2. The

Municipal Act, 2001 is amended by adding the

following section:

Sharing

use of residential property

153.1

(1) Despite

sections 9, 10, 11 and 151, a municipality shall not pass a by-law requiring an

individual to have a licence in order to allow a third party, for consideration,

to use real property that the individual owns, whether the property is space that

is designed for living accommodation or is a parking space and whether or not

the third party uses the property in conjunction with the individual, if,

(

a) the

property is zoned for use for residential or ancillary purposes for the entire

time that the third party uses the property;

(

b) all

third parties combined who use the property do so for no more than 120 days in

a calendar year if the property is not a parking space; and

(

c) the

individual maintains insurance for damage to the property that is caused by

major perils and the insurance is maintained in accordance with the prescribed

requirements, if any.

Definition

(2) In subsection (1),

"major

perils" means the perils of fire, lightning, smoke, windstorm, hail, explosion,

water escape, strikes, riots or civil commotion, impact by aircraft or

vehicles, vandalism or malicious acts.

Regulations

(3) The Lieutenant Governor in Council may

make regulation,

(

a) prescribing

requirements for the insurance described in clause (1) (c), including

specifying the amounts required for the insurance; and

(

b) governing

transitional matters that, in the opinion of the Lieutenant Governor in

Council, are necessary to implement this section.

Review

of section

(4) A committee of the Legislative Assembly

shall,

(

a) begin

a comprehensive review of this

section not later than the fifth anniversary of

the day on which i

Document details

Collection	Ontario — Bills
Citation	Bill 131, 41-1
Type	bill
Volume / chapter	p41 s1 bill 131 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a8b74fada9f6a53ead5b3cd5caf56b2d75b4113b

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