Ontario Bill 204 (42nd Parliament, 1st Session)

Bill 204, 42-1

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 204, Helping Tenants and Small Businesses Act, 2020

Clark, Hon. Steve Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2020,

chapter 23

Please select

View bill

Status

Debates

Acts affected

Royal Assent

Original

Bill 204 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 204 and does not form part of the law.

Bill 204 has been enacted as

Chapter 23 of the Statutes of Ontario, 2020.

Schedule

Assessment Act

The

Assessment Act is amended to reflect that the

Municipal Property Assessment Corporation will no longer be carrying out

enumerations for the purposes of the Municipal Elections

Act, 1996 . It will still carry out other enumerations required by the

Minister.

Schedule

Commercial Tenancies Act

The

Schedule amends the Commercial Tenancies Act to

provide temporary protections for certain commercial tenants. The amendments

are similar to the amendments that were made by the Protecting

Small Business Act, 2020 .

Namely,

the Act is amended to prohibit certain actions by landlords if the landlord is

or would be eligible to receive assistance from the Canada Emergency Commercial

Rent Assistance for small businesses program; however, the rules cease to apply

if the landlord is approved to receive the assistance. Judges are prohibited

from ordering a writ of possession that is effective during the non-enforcement

period if the basis for ordering the writ is an arrears of rent. As well, the

amendments prohibit landlords from exercising a right of re-entry and from

seizing any goods or chattels as a distress for arrears of rent during the

non-enforcement period.

The

non-enforcement period begins on the day

section 2 of

Schedule 2 to the Helping Tenants and Small Businesses Act, 2020 comes into

force and ends on October 30, 2020 or such earlier date as may be prescribed.

a landlord exercised a right of re-entry between September 1, 2020 and the

start of the non-enforcement period, the landlord must restore possession of

the premises to the tenant or, if unable to do so, must compensate the tenant

for damages. Also, if a landlord seized a tenant’s goods between September 1,

2020 and the start of the non-enforcement period as a distress for arrears of

rent, the landlord must return any unsold goods to the tenant.

schedule

Election Act

The

Election Act is amended to extend the Chief

Electoral Officer’s responsibilities with respect to the permanent register of

electors to include persons entitled to be electors in municipal elections,

beginning in 2024.

Schedule

Municipal Elections Act, 1996

The

Municipal Elections Act, 1996 is amended to move

the responsibility for preparing the preliminary voters’ list in municipal

elections from the Municipal Property Assessment Corporation to the Chief

Electoral Officer, beginning in 2024. The responsibilities of the clerk with

regard to updating the voters’ list are adjusted accordingly, as are the dates

regarding the calculation of contribution and spending limits.

related amendment is made to the Municipal Act, 2001 .

Schedule

Municipal Property Assessment Corporation Act, 1997

The

Municipal Property Assessment Corporation Act, 1997

is amended to require the Corporation to provide information to the Chief

Electoral Officer free of charge, for the purposes of establishing and

maintaining a permanent register of electors.

Schedule

REOPENING ONTARIO (A FLEXIBLE RESPONSE TO COVID-19) Act, 2020

The

Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 is amended

in relation to organized public events and other gatherings. A police officer,

special constable or First Nations Constable will be able to order that

premises be temporarily closed if too many people are attending an event or

other gathering occurring at the premises. A host or organizer of an event or

other gathering will be guilty of an offence if too many people attend.

Schedule

RESIDENTIAL Tenancies Act, 2006

The

Schedule amends the Residential Tenancies Act, 2006

to provide for a residential rent freeze for the calendar year 2021, subject to

specified exceptions.

The

Schedule provides that the guideline for rent increases in 2021 is zero per

cent, despite the guideline that was published under subsection 120 (3) of the

Act in The Ontario Gazette for 2021.

The

Lieutenant Governor in Council is given the power to make regulations governing

transitional matters arising from the amendments made by the Schedule.

Bill 204 2020

Act to amend various Acts respecting municipal elections, to amend the Reopening

Ontario (A Flexible Response to COVID-19) Act, 2020 and to provide for a

temporary residential rent freeze and specified temporary protections for certain

commercial tenants

Contents

of this Act

Commencement

Short

title

Schedule 1

Assessment

Act

Schedule 2

Commercial

Tenancies Act

Schedule 3

Election

Act

Schedule 4

Municipal

Elections Act, 1996

Schedule 5

Municipal

Property Assessment Corporation Act, 1997

Schedule 6

Reopening

Ontario (A Flexible Response to COVID-19) Act, 2020

Schedule 7

Residential

Tenancies Act, 2006

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and

(3), this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Helping Tenants and Small Businesses Act, 2020 .

Schedule 1

Assessment Act

Subsection 1 (1) of the Assessment Act is amended

by adding the following definition:

“Chief

Electoral Officer” means the Chief Electoral Officer who holds office under the

Election Act ; (“directeur général des élections”)

Section 15 of the Act is repealed and the following substituted:

Enumeration

(1) The

Minister may require the assessment corporation to conduct an enumeration of

the inhabitants in all or part of a municipality, locality or non-municipal

territory.

Time

and manner

(2) An

enumeration under subsection (1) shall be conducted at the times and in the

manner provided for in regulations made by the Minister.

Information

(3) The

Chief Electoral Officer may provide information requested by the assessment

corporation for the purposes of conducting an enumeration under this section.

(1) Subsections 16 (2) and (3) of the Act are repealed and the

following substituted:

Information

from C.E.O.

(2) The

assessment corporation may prepare the list referred to in subsection (1) on

the basis of information that is,

(

a) provided

to the assessment corporation by the Chief Electoral Officer under

section 17.2

of the Election Act ; or

(

b) obtained

from any source the assessment corporation considers reliable.

Application

respecting school support

(3) Any

person may apply to the assessment corporation, in a written, electronic or

other form approved by the Minister, to have his or her name included or

altered in the assessment roll as a supporter of a type of school board under

the Education Act .

(2) Subsection

16 (8) of the Act is repealed and the following substituted:

Delivery

of application by assessment corporation

(8) If

the assessment corporation approves an application under subsection (3), the

assessment corporation shall deliver a copy of the approved application to,

(

a) the

secretary of each school board in the municipality or locality in which the

applicant is entitled to support a school board; and

(

b) the

Chief Electoral Officer.

Commencement

This

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Schedule 2

Commercial Tenancies Act

The definition of “landlord” in

section 1 of the Commercial

Tenancies Act is amended by striking out “Parts II and III” and

substituting “Parts II, III and IV”.

The Act is amended by adding the following Part:

Part

Non-enforcement

period

this Part,

“non-enforcement

period” means the period that begins on the day

section 2 of

Schedule 2 to the

Helping Tenants and Small Businesses Act, 2020 comes

into force and ends on October 30, 2020 or on such earlier date as may be

prescribed.

Application

(1) Subject

to subsection (2), this Part applies to a tenancy in respect of which the

landlord satisfies any of the following criteria:

1. The

landlord is eligible to receive assistance under the Canada Emergency

Commercial Rent Assistance for small businesses program.

2. The

landlord would be eligible to receive assistance under the Canada Emergency

Commercial Rent Assistance for small businesses program if the landlord entered

into a rent reduction agreement with the tenant containing a moratorium on

eviction.

3. The

landlord would have been eligible to receive assistance under the Canada

Emergency Commercial Rent Assistance for small businesses program as described

in paragraph 1 or 2 if applications under that program were being accepted.

This paragraph applies only if applications to the Canada Emergency Commercial

Rent Assistance for small businesses program are no longer being accepted.

Same

(2) If

a landlord described in subsection (1) is approved to receive assistance under

the Canada Emergency Commercial Rent Assistance for small businesses program in

respect of the tenancy, the following paragraphs apply:

Section

81 does not apply in respect of an action or application by the landlord for a writ

of possession, if the action or application was commenced after the landlord

was approved to receive the assistance.

2. Sections

82 and 83 do not apply in respect of an exercise of a right of re-entry by the

landlord, if the right was exercised after the landlord was approved to receive

the assistance.

3. Sections

84 and 85 do not apply in respect of a seizure of goods or chattels as a

distress for arrears of rent by the landlord, if the seizure was done after the

landlord was approved to receive the assistance.

Same

(3) For

greater certainty, subsection (2) applies if the landlord was approved to

receive assistance under the Canada Emergency Commercial Rent Assistance for

small businesses program in respect of the tenancy but is no longer receiving

assistance under that program.

Conflict

(4) This

Part applies despite any other Part of this Act or any provision in an

agreement or any common law rule.

Eviction

orders for rent arrears not effective during the non-enforcement period

(1) Despite

anything in this or any other Act, a judge shall not order a writ of possession

that is effective during the non-enforcement period in respect of a tenancy

described in

section 80 if the basis for ordering the writ is an arrears of

rent.

Same

(2) Subsection

(1) applies in respect of an action or application that was commenced before,

on or after the day

section 2 of

Schedule 2 to the Helping

Tenants and Small Businesses Act, 2020 comes into force.

re-entry during the non-enforcement period

landlord shall exercise a right of re-entry during the non-enforcement period.

Restore

possession and compensate for re-entry before the non-enforcement period

(1) If a landlord exercised a right

of re-entry during the period that begins on September 1, 2020 and ends

immediately before the day

section 2 of

Schedule 2 to the Helping

Tenants and Small Businesses Act, 2020 comes into force, the

landlord shall, as soon as reasonably possible,

(

a) restore

possession of the premises to the tenant unless the tenant declines to accept

possession; or

(

b) if

the landlord is unable to restore possession of the premises to the tenant for

any reason other than the tenant declining to accept possession, compensate the

tenant for all damages sustained by the tenant by reason of the inability to

restore possession.

Tenancy

deemed reinstated

(2) If

a landlord restores possession of a premises to a tenant under subsection (1),

landlord and the tenant agree otherwise.

distress during the non-enforcement period

landlord shall, during the non-enforcement period, seize any goods or chattels

as a distress for arrears of rent.

Return

goods seized before the non-enforcement period

If, during the period that begins on September 1, 2020 and

ends immediately before the day

section 2 of

Schedule 2 to the Helping Tenants and Small Businesses Act, 2020 comes

into force, a landlord seized any goods or chattels as a distress for arrears

of rent, the

landlord shall, as soon as reasonably possible, return to the tenant all of the

seized goods and chattels that are unsold as of the day

section 2 of

Schedule 2

to the Helping Tenants and Small Businesses Act, 2020

comes into force.

Liability

for re-entry and seizure of goods

(1) A

landlord who contravenes

section 82 or 84 or who fails to comply with clause 83

(1) (

a) or

section 85 is liable to the person aggrieved for any damages

sustained by the person aggrieved as a result of the contravention or

non-compliance.

Same

(2) For

greater certainty, subsection (1) applies in addition to any other remedy

available by law to the person aggrieved.

Regulations,

end of non-enforcement period

The

Lieutenant Governor in Council may make regulations prescribing a date for the

purposes of the definition of “non-enforcement period” in

section 79.

Commencement

This

Schedule comes into force on the day the Helping

Tenants and Small Businesses Act, 2020 receives Royal Assent.

schedule 3

Election Act

Section 1 of the Election Act is amended by adding

the following definition:

“permanent

electors established and maintained under

section 17.1; (“registre permanent”,

“registre permanent des électeurs”)

Section 3.2 of the Act is amended by adding the following subsections:

Same,

municipal elections

(3) The

Chief Electoral Officer is responsible for all of the functions and

responsibilities of the Chief Electoral Officer under the Assessment

Act , the Municipal Elections

Act, 1996 , the Municipal

Act, 2001 and the Municipal

Property Assessment Corporation Act, 1997 .

Transitional

(4) The

Chief Electoral Officer’s functions and responsibilities under the Municipal Elections Act, 1996 apply with respect to

anything necessary for the purposes of by-elections and regular elections that

commence on or after January 1,

Section 4.7 of the Act is repealed and the following substituted:

Redaction

of information

4.7 Despite any requirement

in this or any other Act that the Chief Electoral Officer or a returning

officer provide information about a person, the Chief Electoral Officer may, on

the request of the person, redact any information that the Chief Electoral

Officer reasonably believes would, if made available, endanger the person’s

life, health or security.

(1) Subsections 17.1 (1) and (1.1) of the Act are repealed and the

following substituted:

Permanent

(1) The

Chief Electoral Officer shall establish and maintain a permanent register of

electors for Ontario, to include both,

(

a) persons

entitled under this Act to vote at an election to the Assembly; and

(

b) persons

entitled to be an elector at an election held in a local municipality under

subsections 17 (2) and (3) of the Municipal Elections Act,

1996 .

Unique

identifiers

(1.1) The

permanent register must contain, for each person identified in the register, a

unique identifier that is assigned by the Chief Electoral Officer.

(2) Subsection

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

Same

(3) The

following rules apply to updating under subsection (2):

1. In

respect of general elections, the permanent register shall be updated with

respect to all of Ontario,

i. at

least once in each calendar year, and

ii. as

soon as possible after a writ is issued for a general election, unless the most

recent previous updating was done within two months before the day the writ is

issued.

2. In

respect of a by-election for the Assembly, the permanent register shall be

updated with respect to an individual electoral district as soon as possible

after a writ is issued for a by-election to be held there, unless the most

recent previous updating was done within two months before the day the writ is

issued.

3. In

respect of general elections, the permanent register shall be updated with respect

to all of Ontario at a registered party’s request. However, in that case the

costs of updating, as determined by the Chief Electoral Officer, shall be paid

by the party.

4. In

respect of municipal elections, the permanent register shall be updated as

often as the Chief Electoral Officer considers necessary or desirable in order

to meet the requirements of the Municipal Elections Act,

1996 .

(3) Paragraph

2 of subsection 17.1 (4) of the Act is amended by adding the following

subparagraph:

v. the

Municipal Property Assessment Corporation.

(4) Subsection

17.1 (5) of the Act is amended by striking out “subparagraph iii or iv” and

substituting “subparagraph iii, iv or v”.

Section 17.1.1 of the Act is repealed and the following substituted:

Electronic

system for confirmation of information

17.1.1 The Chief Electoral

Officer shall establish and maintain an electronic system to allow persons to

verify and confirm information about themselves in the permanent register of

electors.

Section 17.1.2 of the Act is repealed and the following substituted:

Application

re permanent register

17.1.2

(1) A

person may apply to have their name added to or removed from the permanent

1. In

respect of an election to the Assembly, the application shall be accompanied by

proof of the person’s identity and place of residence in accordance with

section 4.2.

2. In

respect of an election to the Assembly, during the period that begins with the

issue of a writ for an election and ends on the day before polling day, the

application may be submitted at a returning office.

3. In

respect of an election to the Assembly, at all other times except on polling

day, the application may be,

i. submitted

at the office of the clerk of any municipality with territorial jurisdiction in

the electoral district, or

ii. sent

to the office of the Chief Electoral Officer.

4. In

respect of a municipal election, the application shall be accompanied by proof

of identity and proof that the person is entitled to be an elector at an

election held in a local municipality under subsections 17 (2) and (3) of the Municipal Elections Act, 1996 .

5. In

respect of a municipal election,

i. during

the times set out in sections 24 and 25 of the Municipal

Elections Act, 1996 , the application may be submitted to the clerk of

the municipality in the manner set out in those sections, or

ii. at

all other times, the application may be sent to the office of the Chief

Electoral Officer.

Polling

day

(2) An

application under subsection (1) in respect of an election to the Assembly may

not be made on polling day, but an elector may apply to the deputy returning

officer or to a revision assistant under

section 47.1 to be added to the list

of electors.

Subsection 17.4 (4) of the Act is repealed and the following substituted:

Exception

(4) Subsection

(3) does not apply to,

(

a) a

person or party who obtains the information under

section 17.3;

(

b) a

person or entity who obtains the information from a person or party described

in clause (a), if there is compliance with clause (1) (c);

(

c) the

clerk of a municipality who is performing their functions under the Municipal Elections Act, 1996 , if the clerk provides a

written acknowledgement described in clause (1) (

c) of this section; or

(

d) a

person to whom the clerk provides information under subsection 23 (3) or (4) of

the Municipal Elections Act, 1996 , if the person

provides a written acknowledgment described in subsection 23 (7) of that Act.

Section 17.14 of the Act is amended by adding the following subsection:

Municipal

elections

(9) The

Chief Electoral Officer may conduct a targeted registration program with

respect to persons entitled to be an elector at an election held in a local

municipality under subsections 17 (2) and (3) of the Municipal

Elections Act, 1996 in calendar years in which a regular election is to

be held under that Act, and subsections (2) to (8) of this

section apply to

such a program with necessary modification.

Commencement

This

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

Lieutenant Governor.

Schedule 4

Municipal Elections Act, 1996

Subsection 1 (1) of the Municipal Elections Act, 1996

is amended by adding the following

definitions:

“Chief

Electoral Officer” means the Chief Electoral Officer who holds office under the

Election Act ; (“directeur général des élections”)

“permanent

established and maintained by the Chief Electoral Officer under

section 17.1 of

the Election Act ; (“registre permanent des

électeurs”)

The Act is amended by adding the following section:

Transition

3.1 Despite any amendment

made to this Act by

Schedule 4 to the Helping Tenants and

Small Businesses Act, 2020 , the relevant provision of this Act, as it

existed immediately before the coming into force of the amendment, continues to

apply for the purposes of a by-election that commences before January 1, 2024.

Subsection 18 (2) of the Act is repealed and the following substituted:

Notice

to C.E.O.

(2) A

clerk who acts under subsection (1) shall, on or before March 31 in the year of

the regular election, inform the Chief Electoral Officer of the boundaries of

the voting subdivisions.

(1) Subsections 19 (1) to (3.4) of the Act are repealed and the

following substituted:

Preliminary

list

(1) The

Chief Electoral Officer shall prepare and maintain a preliminary list for each

local municipality and make it available to the clerk.

Subdivisions

(2) If

the local municipality is divided into voting subdivisions, the preliminary

list must contain a preliminary list for each voting subdivision.

Permanent

(3) The

preliminary list must be based on the permanent register of electors.

Access

to list

(3.1) The

clerk may obtain the preliminary list, or any information from the preliminary

list, at one or more times before September 1 in the year of a regular

election.

(2) Subsection

19 (5) of the Act is amended by striking out “entered” wherever it appears and

substituting in each case “included”.

Section 20 of the Act is repealed and the following substituted:

Homeless

persons

The

Chief Electoral Officer is not required to include on a preliminary list the

name of a person whose residence is determined under subsection 2 (3).

Subsection 22 (1) of the Act is amended by striking out “Municipal Property

Assessment Corporation” and substituting “Chief Electoral Officer”.

Section 23 of the Act is amended by adding the following subsections:

Redacted

information

(6) A

copy of the voters’ list provided under subsection (3) or a part of the voters’

list provided under subsection (4) shall not contain information about a person

that has been redacted under

section 4.7 of the Election

Act .

Restrictions

(7) The

clerk may not provide a copy of the voters’ list under subsection (3) or a part

of the voters’ list under subsection (4) to a person unless the person provides

a written acknowledgment that they,

(

a) shall

only use it for electoral purposes and shall not use it for commercial

purposes;

(

b) are

bound by the restrictions in this subsection and subsection (8); and

(

c) may

only disclose its content to others after obtaining their written

acknowledgement that they are bound by the restrictions in this subsection and

subsection (8).

Further

rules

(8) The

following rules apply to persons who are required to provide a written

acknowledgment under subsection (7):

1. In

the case of a person who has been provided with a copy of the voters’ list from

a person described in clauses (3) (

a) to (

c) or part of the voters’ list from a

certified candidate under subsection (4),

i. they

shall not provide it to any other person, and shall not make further copies,

either in printed form or electronically,

ii. if

they received a printed copy, they shall return it to the person who provided

it, on or before the date specified by that person, and

iii. if

they received an electronic copy, they shall destroy it, and shall provide the

person who provided it with a written acknowledgment of the destruction, on or

before the date specified by that person.

2. Where

a person has been provided with a copy of the voters’ list under clauses (3)

(

a) to (

c) or a certified candidate has been provided with part of the voters’

list under subsection (4), and they have provided it to another person, they

shall retain the written acknowledgement provided by each person to whom they

provided it, in accordance with paragraph 5.

3. A

person who has been provided with a copy of the voters’ list under clauses (3)

(

a) to (

c) shall, on or before December 31 in the year of a regular election or

45 days after voting day in a by-election,

i. destroy

the copy of the voters’ list,

ii. destroy

any printed copies returned to them under subparagraph 1 ii, and

iii. require

the receipt of the written acknowledgments of destruction that are to be

provided to them under subparagraph 1 iii.

4. A

certified candidate who has been provided with part of the voters’ list under

subsection (4) shall, on or before the day when the candidate’s election

campaign period ends under subsection 88.24 (1),

i. destroy

the part of the voters’ list,

ii. destroy

any printed copies returned to them under subparagraph 1 ii, and

iii. require

the receipt of the written acknowledgments of destruction that are to be

provided to them under subparagraph 1 iii.

5. The

written acknowledgements received under this

section shall be retained for the

term of office of the council or local board and until their successors are

elected and the newly elected council or local board is organized.

Section 24 of the Act is amended by adding the following subsections:

Addition

of name to permanent register

(5) When

a person’s name is added to the voters’ list under this section, it shall also

be added to the permanent register of electors, unless the person objects.

Deletion

of name from permanent register

(6) When

a person’s name is removed from the voters’ list under this section, it shall

also be deleted from the permanent register of electors, unless the person

objects.

Section 27 of the Act is repealed and the following substituted:

List

of changes

Interim

list

(1) During

the period beginning on September 20 and ending on September 30 in the year of

a regular election, the clerk shall,

(

a) prepare

an interim list of changes to the voters’ list that,

(

i) must

include changes approved under sections 24 and 25 on or before September 20,

and

(ii) may

include changes based on updated information from the permanent register of

electors that the clerk obtains on or before September 20; and

(

b) give

a copy of the interim list to each person who received a copy of the voters’

list under

section 23.

Final

list

(2) Within

30 days after voting day, the clerk shall,

(

a) prepare

a final list of the changes to the voters’ list approved under sections 24 and

25; and

(

b) give

a copy of the final list of changes to the Chief Electoral Officer.

Subsection 43 (6) of the Act is repealed and the following substituted:

Access

for candidates

(6) The

clerk shall give a copy of any list referred to in subclause (5) (b) (

i) to any

certified candidate who has made a written request under subsection 23 (4),

subject to the restrictions set out in subsections 23 (6) and (7).

(1) Paragraph 4 of subsection 65 (4) of the Act is repealed and the

following substituted:

4. The

voters’ list shall be prepared as follows:

i. the

clerk shall notify the Chief Electoral Officer that a by-election is required,

ii. the

clerk shall, at least 21 days before nomination day, obtain the preliminary

list or the part of it that is required for the by-election,

iii. the

clerk shall make corrections to the preliminary list as soon as possible after

obtaining the list, and

iv. the

corrected list constitutes the voters’ list.

(2) Subsection

65 (4) of the Act is amended by adding the following paragraph:

5.1 Within

30 days after voting day, the clerk shall,

i. prepare

a final list of the changes to the voters’ list approved under sections 24 and

25, and

ii. give

a copy of the final list of changes to the Chief Electoral Officer.

(3) Paragraph

3 of subsection 65 (5) of the Act is repealed and the following substituted:

3. The

voters’ list shall be prepared as follows:

i. the

clerk shall notify the Chief Electoral Officer that a by-election is required

and,

A. for

a by-law under clause 8 (1) (

a) or a question under subsection 8 (2) or (3),

the clerk shall, within 10 days after the clerk notifies the Chief Electoral

Officer that a by-election is required, obtain the preliminary list that is

required for the by-election, or

B. for

a question under clause 8 (1) (

b) or (c), the clerk shall, at least 60 days

before voting day, obtain the preliminary list that is required for the

by-election,

ii. the

clerk shall make corrections to the preliminary list under

section 22 as soon

as possible after obtaining the list, and

iii. the

corrected list constitutes the voters’ list.

(4) Subsection

65 (5) of the Act is amended by adding the following paragraph:

3.2 Within

30 days after voting day, the clerk shall,

i. prepare

a final list of the changes to the voters’ list approved under sections 24 and

25, and

ii. give

a copy of the final list of changes to the Chief Electoral Officer.

(1) Section 88 of the Act is amended by adding the following

subsections:

Redacted

information

(6.2) Subsection

(5) does not apply to information about a person that has been redacted under

section 4.7 of the Election Act .

. . . .

Restriction

(7.1) Subsection

(7) does not entitle a person to make extracts from, or copies of, the voters’

list, unless authorized to do so by a court order.

(2) Subsection

88 (9) of the Act is amended by striking out “subsection (6)” and substituting

“subsection (6.1) or (7.1)”.

(1) Subsection 88.9.1 (2) of the Act is repealed and the following

substituted:

Number

of electors, regular election

(2) For

the purposes of subsection (1), for a regular election the number of electors

is the greater of the following:

1. The

number determined from the voters’ list from the previous regular election, as

it existed on September 20 in the year of the previous election, adjusted for

changes made under sections 24 and 25 that were approved as of that day and any

changes based on updated information from the permanent register of electors

that the clerk may obtain on or before that day.

2. The

number determined from the voters’ list for the current election, as it exists

on September 20 in the year of the current election, adjusted for changes made

under sections 24 and 25 that are approved as of that day and any changes based

on updated information from the permanent register of electors that the clerk

may obtain on or before that day.

(2) Paragraph

1 of subsection 88.9.1 (3) of the Act is repealed and the following

substituted:

1. The

number determined from the voters’ list from the previous regular election, as it

existed on September 20 in the year of the previous election, adjusted for

changes made under sections 24 and 25 that were approved as of that day and any

changes based on updated information from the permanent register of electors

that the clerk may obtain on or before that day.

(3) Clause

88.9.1 (4) (

a) of the Act is amended by striking out “September 25” and

substituting “September 30”.

(4) Subsection

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

Transition

(7) For

the 2026 regular election, the maximum amount determined under subsection

(1) shall be determined as if paragraph 1 of subsection (2) read as follows:

1. The

number determined from the voters’ list from the previous regular election, as

it existed on September 15 in the year of the previous election, adjusted for

applications under sections 24 and 25 that were approved as of that day.

(1) Subsection 88.20 (11) of the Act is repealed and the following

substituted:

Number

of electors, regular election

(11) For

the purposes of subsection (7), for a regular election the number of electors

is the greater of the following:

1. The

number determined from the voters’ list from the previous regular election, as

it existed on September 20 in the year of the previous election, adjusted for

changes made under sections 24 and 25 that were approved as of that day and any

changes based on updated information from the permanent register of electors

that the clerk may obtain on or before that day.

2. The

number determined from the voters’ list for the current election, as it exists

on September 20 in the year of the current election, adjusted for changes made

under sections 24 and 25 that are approved as of that day and any changes based

on updated information from the permanent register of electors that the clerk

may obtain on or before that day.

(2) Paragraph

1 of subsection 88.20 (12) of the Act is repealed and the following

substituted:

1. The

number determined from the voters’ list from the previous regular election, as

it existed on September 20 in the year of the previous election, adjusted for

changes made under sections 24 and 25 that were approved as of that day and any

changes based on updated information from the permanent register of electors

that the clerk may obtain on or before that day.

(3) Clause

88.20 (13) (

a) of the Act is amended by striking out “September 25” and

substituting “September 30”.

(4) Subsection

88.20 (15) of the Act is repealed and the following substituted:

Transition

(15) For

the 2026 regular election, the maximum amount determined under subsection

(6) shall be determined as if paragraph 1 of subsection (11) read as follows:

1. The

number determined from the voters’ list from the previous regular election, as

it existed on September 15 in the year of the previous election, adjusted for

applications under sections 24 and 25 that were approved as of that day.

(1) Subsection 88.21 (11) of the Act is repealed and the following

substituted:

Number

of electors, regular election

(11) Subject

to subsection (16), for the purpose of applying the prescribed formula for a

regular election, the number of electors is the greater of the following:

1. The

number determined from the voters’ list from the previous regular election, as

it existed on the day specified in subsection (13), adjusted for changes made

under sections 24 and 25 that were approved as of that day and any changes

based on updated information from the permanent register of electors that the

clerk may obtain on or before that day.

2. The

number determined from the voters’ list for the current election, as it exists

on September 20 in the year of the current election, adjusted for changes made

under sections 24 and 25 that are approved as of that day and any changes based

on updated information from the permanent register of electors that the clerk

may obtain on or before that day.

(2) Paragraph

1 of subsection 88.21 (12) of the Act is repealed and the following

substituted:

1. The

number determined from the voters’ list from the previous regular election, as

it existed on the day specified in subsection (13), adjusted for changes made

under sections 24 and 25 that were approved as of that day and any changes

based on updated information from the permanent register of electors that the

clerk may obtain on or before that day.

(3) Subsection

88.21 (13) of the Act is repealed and the following substituted:

Same,

regular or by-election

(13) For

the purposes of paragraph 1 of subsection (11) and paragraph 1 of subsection

(12), the number shall be determined using the voters’ list from the previous

regular election as the list existed on,

(

a) September

15 in the year of the previous regular election, if the formula is being

applied for the purposes of the 2026 regular election; or

(

b) September

20 in the year of the previous regular election, if the formula is being

applied for the purposes of an election in any other year.

(4) Clause

88.21 (14) (

a) of the Act is amended by striking out “September 25” and

substituting “September 30”.

Municipal

Act, 2001

Subsection 222 (9.1) of the Municipal Act, 2001 is amended

by adding “and the Chief Electoral Officer” at the end of the portion before

clause (a).

Commencement

This

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

Lieutenant Governor.

Schedule 5

Municipal Property Assessment Corporation Act, 1997

Section 12 of the Municipal Property Assessment

Corporation Act, 1997 is amended by adding the following subsection:

charge for election information

(5.1) Despite

subsection (5), the Corporation shall not levy a charge for providing

information requested by the Chief Electoral Officer under

section 17.1 of the Election Act for the purposes of establishing and

maintaining a permanent register of electors.

Commencement

This

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

Lieutenant Governor.

Schedule 6

REOPENING ONTARIO (A FLEXIBLE RESPONSE TO COVID-19) Act, 2020

Section 1 of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

is amended by adding the following

definitions:

“occupier”

has the same meaning as in the Trespass to Property Act ;

(“occupant”)

“premises”

has the same meaning as in the Trespass to Property Act .

(“lieux”)

The Act is amended by adding the following section:

Temporary

closure by police, etc.

9.1

(1) A police

officer, special constable or First Nations Constable may order that premises

be temporarily closed if the police officer, special constable or First Nations

Constable has reasonable grounds to believe that an organized public event or

other gathering is occurring at the premises and that the number of people in

attendance exceeds the number permitted under a continued

section 7.0.2 order.

Compliance

with order

(2) Every

individual who is on the premises shall comply with the order to temporarily

close the premises by promptly vacating the premises after being informed of

the order.

Same

(3) No

individual shall re-enter the premises on the same day that the premises were

temporarily closed under subsection (1) unless a police officer, special

constable or First Nations Constable authorizes the re-entry.

Exception

for residents

(4) Subsections

(2) and (3) do not apply to individuals residing in the premises.

Subsection 10 (1) of the Act is amended by adding “with subsection 9.1 (2) or

(3) or” after “comply”.

The Act is amended by adding the following section:

Offence for occupier of premises

10.1

(1) A person

is guilty of an offence if the person hosts or organizes a public event or

other gathering at residential premises or other prescribed premises and the

number of people in attendance exceeds the number permitted under a continued

section 7.0.2 order.

Presumption

that owner, etc. is hosting or organizing

(2) If

the owner or occupier of premises at which a public event or other gathering is

held is present at the event or gathering, the owner or occupier is presumed,

in the absence of evidence to the contrary, to be hosting or organizing the

event or gathering.

Penalties

(3) A

person who is convicted of an offence under subsection (1) is liable,

(

a) in

the case of an individual, subject to clause (b), to a fine of not less than

$10,000 and not more than $100,000 and for a term of imprisonment of not more

than one year;

(

b) in

the case of an individual who is a director or officer of a corporation, to a

fine of not less than $10,000 and not more than $500,000 and for a term of

imprisonment of not more than one year; and

(

c) in

the case of a corporation, to a fine of not less than $10,000 and not more than

$10,000,000.

Applicable

provisions

(4) Subsections

10 (2) to (4) apply, with necessary modifications, with respect to offences

under subsection (1).

Regulations

(5) The

Lieutenant Governor in Council may make regulations prescribing premises for

the purposes of subsection (1).

Commencement

This

Schedule comes into force on the day the Helping

Tenants and Small Businesses Act, 2020 receives Royal Assent.

Schedule 7

RESIDENTIAL Tenancies Act, 2006

Section 120 of the Residential Tenancies Act, 2006

is amended by adding the following subsections:

Guideline

for 2021

(3.1) The

guideline for the calendar year 2021 is zero per cent, despite subsection

(2) and despite the guideline published under subsection (3) in The Ontario Gazette for 2021.

Same

(3.2) The

Minister is not required to have the guideline for the calendar year 2021, as

set out in subsection (3.1), published in The Ontario

Gazette .

The Act is amended by adding the following Part:

PART

VII.1

Rent Freeze, 2021

Rent

freeze period

Definition

136.1

(1) In this

section,

“rent

freeze period” means the period that begins on January 1, 2021 and ends on

December 31, 2021.

Non-application,

certain rent increases

(2) This

section does not apply with respect to,

(

a) accommodation

described in clause 6 (1) (

a) or (b);

(

b) an

increase in rent for a rental unit taken in accordance with an agreement under

section 121 or 123;

(

c) an

increase in rent for a rental unit permitted under subsection 126 (10) or

section 127 for,

(

i) an

extraordinary increase in the cost for municipal taxes and charges as described

in paragraph 1 of subsection 126 (1), if the increase in rent is permitted by

an order of the Board that was issued before the day the Helping

Tenants and Small Businesses Act, 2020 receives Royal Assent,

(ii) eligible

capital expenditures as described in paragraph 2 of subsection 126 (1), or

(iii) operating

costs related to security services as described in paragraph 3 of subsection

126 (1); or

(

d) an

increase in rent payable by an assignee under a tenancy agreement for a site

for a mobile home or a site on which there is a land lease home in accordance

with

section 165.

No rent increase during rent freeze period

(3) No

landlord shall increase the rent charged to a tenant during the rent freeze

period, even if notice of the increase was given before the day the Helping Tenants and Small Businesses Act, 2020 receives

Royal Assent.

Clarification,

notice during rent freeze period

(4) For

greater certainty, nothing in subsection (3) prohibits a landlord from giving a

notice during the rent freeze period of a rent increase that takes effect after

the rent freeze period.

Conflict,

Housing Services Act, 2011 , rent geared to income

(5) For

greater certainty, in the event of a conflict between this

section and a

regulation made under

section 50 of the Housing Services

Act, 2011 , this

section prevails.

The Act is amended by adding the following section:

Transition

regulations, Helping Tenants and Small Businesses Act,

241.4

(1) The

Lieutenant Governor in Council may make regulations governing transitional

matters that, in the opinion of the Lieutenant Governor in Council, are

necessary or advisable to deal with issues arising out of the amendments to

this Act made by

Schedule 7 to the Helping Tenants and

Small Businesses Act, 2020 .

Same

(2) A

regulation made under subsection (1) may govern the application of provisions

of this Act to proceedings before a court or the Board in which a claim is made

relating to amendments to this Act made by

Schedule 7 to the Helping Tenants and Small Businesses Act, 2020 and which

were commenced before the commencement date of the amendment.

Commencement

This

Schedule comes into force on the day the Helping

Tenants and Small Businesses Act, 2020 receives Royal Assent.

Bill 204 Original (PDF)