p42 s1 bill 229 b229ra e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 69 ELIZABETH II, 2020 Bill 229 (Chapter 36 of the Statutes of Ontario, 2020)

An Act to implement Budget measures and to enact, amend and repeal various statutes The Hon. R. Phillips Minister of Finance 1st Reading November 5, 2020 2nd Reading November 23, 2020 3rd Reading December 8, 2020 Royal Assent December 8, 2020

EXPLANATORY NOTE This Explanatory Note was written as a reader’s aid to Bill 229 and does not form part of the law. Bill 229 has been enacted as

Chapter 36 of the Statutes of Ontario, 2020.

SCHEDULE 1 ALCOHOL AND GAMING COMMISSION OF ONTARIO ACT, 2019 The

Schedule amends the Alcohol and Gaming Commission of Ontario Act, 2019 . These amendments are complementary to the amendments to the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 that are made elsewhere in this Bill. The major elements of the

Schedule are set out below. The Alcohol and Gaming Commission of Ontario Act, 2019 is amended in various ways. The amendments allow the Lieutenant Governor in Council to establish or continue a subsidiary of t he Alcohol and Gaming Commission of Ontario (the “Commission”) by regulation. This lottery subsidiary has the object and duty of conducting and managing prescribed online lottery schemes in addition to any other prescribed objects or duties. The objects of the Commission are expanded to include overseeing the lottery subsidiary. The Commission and the lottery subsidiary are declared to be Crown agents.

A new directives power allows the Minister to issue directives that relate to the conduct and management o f prescribed online lottery schemes to the Commission or to the lottery subsidiary in respect of their operations, which must be implemented promptly and efficiently. Powers that relate to the oversight of the lottery subsidiary cannot be delegated to the Registrar or a Deputy Registrar of the Commission. The immunity provision in the Act is expanded to include the directors, officers and employees of the lottery subsidiary.

New regulation-making powers are provided to govern the Commission, the lottery su bsidiary and prescribed online lottery schemes in various ways.

SCHEDULE 2 ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996 The

Schedule amends the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 and makes related amendments to another Act. The major elements of the

Schedule are set out below. The Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 is amended in various ways. The amendments allow the Lieutenant Governor in Coun cil to establish a subsidiary of the Alcohol and Gaming Commission of Ontario (the “Commission”) by regulation. This lottery subsidiary has the object and duty of conducting and managing prescribed online lottery schemes in addition to any other prescribed objects or duties. The objects of the Commission are expanded to include overseeing the lottery subsidiary.

The Commission and the lottery subsidiary are declared to be Crown agents. A new directives power allows the Minister to issue directives that rela te to the conduct and management of prescribed online lottery schemes to the Commission or to the lottery subsidiary in respect of their operations, which must be implemented promptly and efficiently. Powers that relate to the oversight of the lottery subsidiary cannot be delegated to the Registrar or a Deputy Registrar of the Commission. A new immunity provision is added to the Act.

Finally, new regulation -making powers are provided to govern the Commission, the lottery subsidiary and prescribed online lot tery schemes in various ways. The Ontario Lottery and Gaming Corporation Act, 1999 is amended to provide that the Ontario Lottery and Gaming Corporation is responsible for ensuring the legal compliance of its own lottery schemes and gaming sites. Currently, subsections 27 (1.1), (2) and (2.1) of the Act provide for an increase, effective June 1, 2020, in the basic tax payable on certain purchases of wine and wine cooler.

The Act is amended to retroactively eliminate the increase effective that date. Amendments are made to the

definitions of “beer”, “Ontario wine cooler”, “spirits”, “spirits cooler” and “wine cooler” in subsection 17 (1) of the Act, including amendments to allow the Lieutenant Governor in Council to, by regulation, exclude beverages from the

definitions of “Ontario wine cooler”, “spirits cooler” and “wine cooler”. An amendment is made to the French version of the definition of “reserve” in subsection 17 (4) of the Act.

SCHEDULE 3 ASSESSMENT ACT Currently, paragraph 15.1 of s ubsection 3 (1) of the Assessment Act exempts land that is used and occupied as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion from taxation. The paragraph is amended to also include land used and occupied for those purposes by an Ontario unit of the Army, Navy and Air Force Veterans in Canada for 2019 and subsequent tax years. Currently,

section 19 of the Act authorizes the Minister to make regulations respecting the determination of the current value of land for assessment p urposes. The

Schedule amends

section 19 of the Act to allow for municipalities to opt, by by -law, to have such regulations apply. If a municipality opts to have such a regulation apply, the municipality may, by by -law, make certain rules about how the regu lation applies within the municipality. An upper -tier municipality that opts to have such a regulation apply may delegate the making of those rules to its lower-tier municipalities. A related amendment is made to

section 44 of the Act. Technical amendments, including amendments to regulation making authorities, are also made.

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SCHEDULE 4 CITY OF TORONTO ACT, 2006 Amendments are made to

section 278 of the City of Toronto Act, 2006 with respect to the tax rates for municipal purposes for the subclasses prescribed under subsection 8 (1) of the Assessment Act. The amendments provide that the City may, by by-law, provide for different percentages than those that are set out in the Act, to a maximum of 35 p er cent. Amendments are made to

section 331 of the Act with respect to the vacant unit rebate. The amendments provide that the City may, by by-law, elect not to have a program to provide tax rebates to owners of property that has vacant portions. The City is also given several options respecting the requirements of its program.

SCHEDULE 5 COMMERCIAL TENANCIES ACT

Part IV of the Commercial Tenancies Act is re-enacted to provide temporary protections for certain commercial tenants. Here are some highlights: 1. The

Schedule establishes a non-enforcement period for certain tenancies that begins on the day

section 1 of

Schedule 5 to the Protect, Support and Recover from COVID -19 Act (Budget Measures), 2020 comes into force and ends on a prescribed date. If a landlord exercises a right of re-entry between October 31, 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 seizes a tenant’s goods between October 31, 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. 2.

Regulations may be made to provide for another non-enforcement period that applies in respect of prescribed tenancies. 3. Judges are prohibited from ordering a writ of possession that is effective during the applicable 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 applicable non-enforcement period.

SCHEDULE 6 CONSERVATION AUTHORITIES ACT The

Schedule amends the Conservation Authorities Act. The more significant amendments are described below.

Section 14 of the Act is amended to ensure that at least 70 per cent of the members of a conservation authority that are appointed by participating m unicipalities are municipal councillors. The Minister may grant exceptions to the 70 per cent rule to participating municipalities. The Minister is given the authority to appoint an additional member to a conservation authority to represent the agricultural sector. That member has limited voting rights. The objects of a conservation authority described in

section 20 of the Act are limited to the provision of programs and services required or permitted under sections 21.1, 21.1.1 and 21.1.2.

Section 21.1 requires an authority to provide mandatory programs and services that are prescribed by regulation and meet the requirements set out in that section.

Section 21.1.1 allows authorities to enter into agreements with participating municipalities to provide progr ams and services on behalf of the municipalities, subject to the regulations.

Section 21.1.2 would allow authorities to provide such other programs and services as it determin es are advisable to further the purposes of the Act, subject to the regulations. An authority is required to enter into agreements with the participating municipalities in its jurisdiction if any municipal funding is needed to recover costs for the program s or services provided under

section 21.1.2. A transition plan shall be developed by an authority to prepare for entering into agreements relating to the recovery of costs. All programs and services must be provided in accordance with any prescribed standards and requirements.

Section 21.2 of the Act allows a person who is charged a fee for a program or services provided by an authority to apply to the authority to reconsider the fee.

Section 21.2 is amended to require the authority make a decision upon reconsideration of a f ee within 30 days. Further, the amendments allow a person to a ppeal the decision to the Local Planning Appeal Tribunal or to bring the matter directly to the Tribunal if the authority fails to render a decision within 30 days. New sections 23.2 and 23.3 of the Act would allow the Minister to take certain actions afte r reviewing a report on an investigation into an authority’s operations. The Minister may order the authority to do anything to prevent or remedy non - compliance with the Act.

The Minister may also recommend that the Lieutenant Governor in Council appoint an administrator to take over the control and operations of the authority. Subsection 28.1 (8) of the Act currently allows a person who applied to a conservation authority for a permit under subsectio n 28.1 (1) to appeal that decision to the Minister if the authority has refused the permit or issued it subject to conditions.

Subsection 28.1 (8) is repealed and replaced with provisions that allow the applicant to choose to seek a review of the authority’s decision by the Minister or, if the Minister does not conduct such a review, to appeal the decision to the Local Planning Appeal Tribunal within 90 days after the decision is made. Furthermore, if the authority fails to make a decision with respect to an application within 120 days after the application is submitted, the applicant may appeal the application directly to the Tribunal.

iii New

section 28.0.1 of the Act requires a conservation authority to, on application, grant the applicant permission to carry o ut a development project in the authority’s area of jur isdiction if a zoning order has been made by the Minister of Municipal Affairs and Housing under

section 47 of the Planning Act authorizing the development under that Act. The permission may be granted subject to conditions specified by the authority. Thos e conditions may be subject to a review by the Minister or an appeal to the Local Planning Appeal Tribunal. Where permission to carry out a development project is granted, the permit holder must enter into an agreement with the authority in order to compensate for ecological and other impacts that may result from the development project. This

section is to be repealed on proclamation. New

section 28.1.1 of the Act allows the Minister to order a conservation authority not to issue a permit to engage in an activity that, without the permit, would be prohibited under

section 28 of the Act. After making such an order the Minister may issue the permit instead of the conservation authority. New

section 28.1.2 of the Act mirrors new

section 28.0.1 and is intended to be proclaimed when

section 28.0.1 is repealed and

section 28.1 of the Act, which provides for permits to be issued by conservation authorities, comes into force.

Section 28.3 of the Act is amended to allow a decision of a conservation authority to cancel a permit or to make another decision under subsection 28.3 (5) to be appealed by the permit holder to the Local Planning Appeal Tribunal. Subsection 30.2 of the Act sets out circumstances in which an officer may enter land within the area of jurisdictions of an authority. Those circumstances are revised by

section 19 of the Schedule. Subsections 30.4 (1) and (2) of the Act are amended to update the circumstances in which officers may issue stop orders to persons carrying on activities that could contravene or are contravening the Act. The regulation making authority in

section 40 is re-enacted to reflect amendments in the Schedule.

SCHEDULE 7 CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020 The

Schedule repeals the Credit Unions and Caisses Populaires Act, 1994 and replaces it with the Credit Unions and Caisses Populaires Act, 2020 . The new Act generally sets out the rules that govern credit unions, including in respect of the establishment of credit unions and their membership, capital structure, governance a nd business powers. Changes are made to give the Financial Services Regulatory Authority of Ontario (the Authority) new rule -making powers in relation to its function as the sector regulator.

The Chief Executive Officer of the Authority is given powers to enforce compliance with the Act and may impose administrative penalties for contraventions of or failures to comply with certain requirements under the Act. The Act provides the Authority with rule-making power over certain matters under the Act. The Lieutenant Governor in Council is given broader regulation-making power over certain matters under the Act, including all matters in respect of which the Authority may make rules.

Consequential amendments are made to update the many statutes that refe r to the Credit Unions and Caisses Populaires Act, 1994.

SCHEDULE 8 CROWN FOREST SUSTAINABILITY ACT, 1994 The

Schedule repeals provisions of the Crown Forest Sustainability Act, 1994 that address when forest management plans are deemed to include certain parts of agreements or regulations under the Endangered Species Act, 2007 and related matters. A new

section is added to the Act providing that a person is exempt from certain provisi ons of the Endangered Species Act, 2007 while conducting forest operations in a Crown forest , in accordance with an approved forest management plan , and on behalf of the Crown or under the authority of a forest resource licence. Currently, similar provisions are included in a regulation made under the Endangered Species Act, 2007.

SCHEDULE 9 EARLY CHILDHOOD EDUCATORS ACT, 2007 The

Schedule amends the Early Childhood Educators Act, 2007 by amending subsection 29 (2.5) to prohibit the removal of certain information from the register. The

Schedule adds

section 33.3, which retroactively revokes a member’s certificate of registration if the member was previously found guilty of

an act of professional misconduct relating to sexual abuse or child pornography. The

Schedule also adds subsection 36 (1.1), which prohibits a person who has had a certificate revoked for certain acts of sexual abuse, child pornography or a prescribed sexual act from applying for reinstatement. Subsections 36 (4.2) and (4.3) are added to allow a person to apply for reinstatement if a conviction is overturned on appeal or a pardon has been granted. Clauses 45 (1) (c.3) and (c.4) are added to the Act to provide regulation-making authority to require a member to report certain findings made against the member to the Registrar and to govern reporting to the Registrar.

iv The

Schedule adds a new

section 50.2 to require the implementation of a sexual abuse prevention program by the College. The new sections 57.1 and 57.2 require members to report to the Registrar regarding offences, charges and bail conditions.

Section 59.1.1 is added to deal with transitional matters that arise in relation to the amendments made to the Act by the Schedule. The

Schedule also amends

section 59.2 and other related provisions to include allegations of prescrib ed sexual acts as a basis for providing funding for therapy and counselling.

SCHEDULE 10 EDUCATION ACT Currently, subsection 257.7 (3) of the Education Act provides that a tax rate reduction for municipal purposes for a property subclass also applies with respect to the tax rate for school purposes unless the Minister of Finance makes a regulation providing that the reduction does not apply.

Section 257.7 of the Act is amended to provide that, with respect to certain property subclasses, the tax rate reduc tion for municipal purposes does not apply with respect to the tax rate for school purposes unless the Minister of Finance makes a regulation providing that it does apply.

SCHEDULE 11 EMPLOYER HEALTH TAX ACT Currently, the Employer Health Tax Act allows for certain eligible employers to claim an exemption amount in determining their taxable total Ontario remuneration used to calculate the amount of tax payable under the Act. The Act is amended to increase the exemption amount to $1,000,000 for the 2020 to 2 028 years. Starting in 2029, the exemption amount is adjusted for inflation every five years using the formula set out in

section 2.1.1.

Section 3 of the Act requires an employer to pay instalments on account of tax. Currently an employer is only required to pay instalments if their total Ontario remuneration exceeds $600,000. This amount is increased to $1,200,000 for tax years beginning after December 31, 2020. Technical amendments are also made.

SCHEDULE 12 FILM CONTENT INFORMATION ACT, 2020 The

Schedule enacts the Film Content Information Act, 2020 and repeals the Film Classification Act, 2005. The new Film Content Information Act, 2020 regulates the exhibition of films, selling or renting physical copies of video games and selling, renting or otherwise making available physical copies of adult sex films.

Part I of the Act sets out the application and

interpretation provisions.

Part II of the Act provides for the appointment of a Director and Deputy Directors for the purposes of the Act.

Part III of the Act provides that films cannot be exhibited for a person’s direct gain unless information respecting the film and its contents is display ed to the public. This requirement does not apply in certain circumstances, such as exhibition of a film under the sponsorship of a public library or public art gallery. Adult sex films cannot be exhibited, and physical copies cannot be sold, rented or oth erwise made available, unless the film has been reviewed and approved by an entity that is authorized to approve adult sex films under the laws of a province of Canada.

In addition, they cannot be exhibited to persons under the age of 18. Physical copies cannot be sold, rented or otherwise made available to persons under the age of 18. The sale or rental of physical copies of video games is restricted based on the rating assigned to the video game by the Entertainment Software Rating Board. Physical copies of unrated video games may not be rented or sold to persons under the age of 18.

Part IV of the Act provides a procedure for the appointment of investigators and the investigation of offences under the Act. Things that are seized by the investigator may be forfeited to the Crown in certain circumstances. A procedure for applying to the Director for the return of the seized thing is set out.

Part V of the Act sets out offences, penalties and evidentiary provisions for proceedings under the Act.

Part VI of the Act provides regulation-making powers to the Lieutenant Governor in Council. These powers include the ability to modify the age restrictions that apply to the sale or rental of physical copies of video games.

Part VII sets out transitional provisions. The Ontario Film Review Board is dissolved. Licences that were issued under the Film Classification Act, 2005 are no longer needed under this new Act and expire.

Part VIII provides for the repeal of the Film Classification Act, 2005 and the revocation of the regulation made under that Act. It also makes several consequential amendments.

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SCHEDULE 13 FINANCIAL ADMINISTRATION ACT The

Schedule amends the Financial Administration Act to allow the Minister of Finance to establish and maintain proxy investment funds for the purposes of determining adjustments to be applied in respect of special purpose accounts for supplemental pension funds. The amendments provide for certain rules to apply where an adjustment is made and allow for the Minister of Finance to delegate certain powers relating to the establishment and maintenance of such proxy investment funds to the Ontario Financing Authority. The Act is also amended to include a new

section 11.9. That

section deals with li abilities incurred by a ministry or specified public entity before they recognize those liabilities for the first time as a result of a change in accounting standards. Subsection 11.9 (3) creates an appropriation with respect to those liabilities. Certain restrictions apply (see subsections 11.9 (2) and (4)). Certain complementary and consequential amendments are made to the Act as well. Currently, the Act provides that the Lieutenant Governor in Council may provide for the manner of executing security certificates and coupons attached to security certificates, including the manner in which any signatures are reproduced. The

Schedule amends the Act to allow for any signatures on security certificates or coupons to be electronically reproduced as well as to allow for the seal of the Minister of Finance to be reproduced electronically on security certificates.

SCHEDULE 14 FINANCIAL SERVICES COMMISSION OF ONTARIO ACT, 1997 The

Schedule repeals the Financial Services Commission of Ontario Act, 1997 and revokes the one existing regulation made under that Act. The

Schedule also makes amendments to various other Acts related to the repeal of the Financial Services Commission of Ontario Act, 1997.

SCHEDULE 15 FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016 The

Schedule amends the Financial Services Regulatory Authority of Ontario Act, 2016 in respect of the repeal of the Financial Services Commission of Ontario Act, 1997. The definition of the “FSCO” is amended to refer to the former Financial Services Commission of Ontario and the definition of “Superintendent of Financial Services” is amended to refer to the former position of Superintendent of Financial Services. As well,

section 5 of the Act, which relates to the provision of information by FSCO, is repealed. Finally, the Act is amended to include a provision setting out limitations on liability for former FSCO members and employees, as well as the Superintendent of Financial Services or persons engaged by the Superintendent. The limitations are consistent with those set out in

section 10 of the Financial Services Commission of Ontario Act, 1997. Currently, the Act provides that the Lieutenant Governor in Council may as sess the Financial Services Regulatory Authority of Ontario annually with respect to all expenses and expenditures that the Ministry has incurred and made in respect of preparing the Authority to carry out its regulatory function and in respect of the sectors regulated by the Authority. The

Schedule amends the Act to provide that the Minister may do this assessment from time to time. Technical amendments are made to the regulation-making powers under the Act.

SCHEDULE 16 FISCAL SUSTAINABILITY, TRANSPARENCY AND ACCOUNTABILITY ACT, 2019 The Fiscal Sustainability, Transparency and Accountability Act, 2019 is amended to provide that the requirement for a recovery plan under

section 3 of th e Act does not apply for a budget in respect of the 2020 -2021 fiscal year that is released on or after April 1, 2020.

SCHEDULE 17 FUEL TAX ACT The

Schedule amends

section 18 of the Fuel Tax Act in the following ways: 1. The reference to “audit or examine any books or records and any documents” in clause 18 (1) (

a) is amended to read “audit or examine any books, records or anything else”. 2. A new subsection 18 (1.1) clarifies that any person authorized to examine anything under subsection (1) may, in person or remotely, survey, photograph or make any kind of record of it.

SCHEDULE 18 GAMING CONTROL ACT, 1992 The

Schedule amends the Gaming Control Act, 1992 in relation to online lottery schemes. The Act is amended to make lottery schemes conducted and managed by the lottery subsidiary of the Alcohol and Gaming Commission of Ontario subject to many of the rules that currently only apply to lottery schemes con ducted and managed by the Ontario Lottery and Gaming Corporation. Minor corrections are made to the French version of the Act.

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SCHEDULE 19 GASOLINE TAX ACT The

Schedule amends

section 16 of the Gasoline Tax Act in the following ways: 1. The reference to “ audit or examine any books or records and any documents” in clause 16 (1) (

a) is amended to read “audit or examine any books, records or anything else”. 2. A new subsection 16 (1.0.1) clarifies that any person authorized to examine anything under subsection (1) may, in person or remotely, survey, photograph or make any kind of record of it.

SCHEDULE 20 HIGHWAY TRAFFIC ACT The Highway Traffic Act is amended to add a

section regarding the disclosure of personal information. The new

section provides that the disclosure of prescribed information is permitted if the disclosure is for a specified purpose, if the information is disclosed to a specified authorized requester or to a re-seller or service provider engaged by an authorized requester, and if the authorized requester has entered into an agreement with the Registrar regarding the disclosure. Related provisions are enacted respecting matters such as the publication of information about authorized requesters and regulation-making powers.

SCHEDULE 21 INNOVATION CENTRE GOVERNANCE ACT, 2020 The Innovation Centre Governance Act, 2020 is enacted. The Act limits the board of directors of Ontario Centres of Excellence Inc. to no more than 13 directors. The Minister may appoint up to six directors but shall not appoint a director if the appointment would result in the number of directors appointed by the Minister being greater than or equal to the number of other directors.

SCHEDULE 22 INSURANCE ACT The

Schedule amends the Insurance Act as follows: 1. New

section 15.1 gives the Chief Executive Officer the authority to make certain exemption orders. The Lieutenant Governor in Council is given regulation-making authority with respect to those exemption orders. 2. New

section 201.2 imposes certain limits on the funds that can be held in certain accounts and side accounts associated with or part of life insurance contracts. 3. New

section 235 governs certain notices of termination under

Part VI of the Act.

Section 263 is amended to provide that se ction 233 of the Act applies to claims made under subsection 263 (2) and to provide that insureds may elect, in accordance with the regulations, not to recover damages under subsection 263 (2). The Lieutenant Governor in Council is given regulation-making authority with respect to these elections. 5. The

Schedule also includes amendments to the Statutory Conditions set out in the Act in sections 148 and 300, relating to the delivery and electronic format of certain notices.

SCHEDULE 23 INTERIM APPROPRIATION FOR 2021-2022 ACT, 2020 The

Schedule enacts the Interim Appropriation for 2021-2022 Act, 2020, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2022 up to specified maximum amounts. All expenditures made or recognized under the Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2022.

SCHEDULE 24 INVESTMENT MANAGEMENT CORPORATION OF ONTARIO ACT, 2015 Currently, the Investment Management Corporation of Ontario Act, 2015 provides that the regulations may prescribe bodies that are eligible to be members of the Corporation. An amendment is made to instead permit the regulations to prescribe persons or entities.

SCHEDULE 25 LIMITATIONS ACT, 2002 The Limitations Act, 2002 is amended to provide that the limitation periods set out in subsections 98 (3) and 187 (14) and (15) of the Not-for-Profit Corporations Act, 2010 apply instead of the limitation periods established under the Limitations Act, 2002.

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SCHEDULE 26 LIQUOR LICENCE AND CONTROL ACT, 2019 The

Schedule makes various amendments to the Liquor Licence and Control Act, 2019, including the following: 1. The definition of “retail store” is re -enacted to make allowance for retail stores that are operable under any category of licence under the Act, if permitted under the licence, and to expressly state that online stores and other stores without fixed locations are contemplated. Consequential amendments are made to the Act as well as to several other Acts. 2. The Act is amended to permit regulations made under the Act by the Lieutenant Governor in Council to clarify the meaning of the terms “beer”, “spirits” and “wine”, as defined in the Act.

Section 3 of the Act is amended to provide that the Registrar may not refuse to grant prescribed classes of endorsements without issuing a proposal to refuse to grant an endorsement.

Section 25 and 26 are amended to address the giving of notice of such proposals and hearings before the Licence Appeal Tribunal respecting the proposals. 4. Subsection 16 (1) of the Act is amended to provide for the issuance of permits in circumstances other than special occasions. 5. Subsection 55 (6.1) is added to the Act to authorize an inspector to direct a licensee, employee of a licensee or permit holder to request that a person on premises who appears to be under 19 years of age show evidence of the person’s age.

Section 78 of the Act, setting out the regulation-making authority of the Lieutenant Governor in Council under the Act, is amended in various ways, including the following: i. Paragraph 2 of subsection 78 (1) is re -enacted to expressly permit regulations that provide for the non -application of provisions of the Act, in addition to regulatio ns creating exemptions from the application of provisions of the Act for specified persons, places or things. ii. Paragraph 11 of subsection 78 (1) is re-enacted to expressly permit regulations that provide for the non-issuance of licences or permits. iii.

Paragraph 12.1 is added to subsection 78 (1) to create a distinct regulation -making authority respecting endorsements to licences under

section 3. iv. Subsection (4) is added to

section 78 to expressly permit regulations that authorize the Registrar or the LCBO to exercise a discretion that may be exercised by the Lieutenant Governor in Council in making the regulation.

SCHEDULE 27 MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT The Ministry of Agriculture, Food and Rural Affairs Act is amended in respect of the program known as the Risk Management Program. The amendments provide that the Minister may appoint a person to manage a fund in connection with the program and that the Insurance Act does not apply with respect to the program.

SCHEDULE 28 MINISTRY OF REVENUE ACT The

Schedule amends the Ministry of Revenue Act. The Minister is required to provide certified copies of notices of calculation given under the Family Law Act on request to parents or to the designated authority. A similar amendment is made with respect to the child support recalculations. A new

section 11.4.1 of the Act sets out rules that apply to a program specified in the regulations that is established to provide financial assistance by way of grant to any businesse s in connection with the outbreak of the coronavirus (COVID -19). The Minister is authorized to make regulations governing the administration of the program.

SCHEDULE 29 MORTGAGE BROKERAGES, LENDERS AND ADMINISTRATORS ACT, 2006 The Mortgage Brokerages, Lenders and Administrators Act, 2006 is amended to add a requirement for prescribed persons and entities to register with the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario. The requirement to register applies even if the prescribed person or entity is also a licensee. Persons and entities who are not required to register under the regulations may register voluntarily. Currently, the Act requires the Chief Executive Officer to maintain one or more public registers of information about licensees and former licensees. The

Schedule amends the Act to provide that the registers must also contain information about registered persons and entities as well as persons or entities who were formerly registered. The Chief Executive Officer may make the information in a register available for inspection and, if the information is made public, it must be made available without charge and in accordance with the prescribed requirements. Other amendments are made to the Act to reflect the new registration requirement. The maximum amounts for administrative penalties and offences under the Act are increased.

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SCHEDULE 30 MUNICIPAL ACT, 2001 Amendments are made to

section 313 of the Municipal Act, 2001 with respect to the tax rates for municipal purp oses for the subclasses prescribed under subsection 8 (1) of the Assessment Act. The amendments provide that municipalities may, by by - law, provide for different percentages than those that are set out in the Act, to a maximum of 35 per cent. Amendments are made to

section 364 of the Act with respect to the vacant unit rebate. The amendments provide that municipalities may, by by-law, elect not to have a program to provide tax rebates to owners of property that has vacant portions. Municipalities are also given several options respecting the requirements of their programs.

SCHEDULE 31 MUNICIPAL PROPERTY ASSESSMENT CORPORATION ACT, 1997 Subsection 15 (1) of the Municipal Property Assessment Corporation Act, 1997 currently requires the Corporation to give certain employees of the Government of Ontario such information and documents as the Minister may request. The subsection is re-enacted to require the Corporation to also give information and documents to certain persons who provide a service to o r for the Government of Ontario, as the Minister may request. A complementary amendment is also made to subsection 15 (2).

SCHEDULE 32 ONTARIO CANNABIS RETAIL CORPORATION ACT, 2017 The

Schedule amends the Ontario Cannabis Retail Corporation Act, 2017. The maximum number of members of the board of directors of the Ontario Cannabis Retail Corporation is changed from seven to nine. Technical corrections are made to the French version of the Act.

SCHEDULE 33 ONTARIO COLLEGE OF TEACHERS ACT, 1996 The Ontario College of Teachers Act, 1996 is amended to make several changes to the composition of the Council of the Ontario College of Teachers and various committees under the Act, to establish new committees and to enact a new transitional Part: 1. Currently, the Co uncil of the Ontario College of Teachers is composed of 23 persons elected by the members of the College and 14 persons appointed by the Lieutenant Governor in Council. The

Schedule provides that the Council shall be composed of nine members of the College appointed by the Council and nine non -members who are appointed by the Lieutenant Governor in Council. 2. Under the current Act, the Executive Committee exercises such powers and performs such duties of the Council as the Council delegates to it. The

Schedule establishes a committee named the Adjudicative Body of Chairs to perform some functions that are currently performed by the Executive Committee. The Adjudicative Body of Chairs shall be composed of equal numbers of College members and non-members, all of whom are members of statutory committees. 3. A Selection and Nominating Subcommittee is established. The subcommittee reviews and assesses applications of all persons seeking to be on the Council, a statutory or regulatory committee or the roster of eligible panellists and prepares a list of nominees in each case.

Appointments to the Council, committees and the roster, other than appointments by the Lieutenant Governor in Council, must be from among the list of nominees. 4. A new

Part is added to the Act to provide for a period of transition during which the existing Council and committees are dissolved and a new Council and committees are established by the Transition Supervisory Officer. Various provisions are made relating to the composition of suc h bodies and the procedures of the Council and the committees during the transitional period. 5. Related and consequential amendments are made. The

Schedule also amends the Act in respect of certain acts of professional misconduct: 1. The

Schedule amends the Act by amending subsection 23 (2.8) to prohibit the removal of certain information from the register. 2. The

Schedule adds

section 30.3, which retroactively revokes a member’s certificate of qualification and registration if the member was previously found guilty of

an act of professional misconduct relating to sexual abuse or child pornography. The

Schedule also adds subsection 33 (1.1), which prohibits a person who has had a certificate revoked for certain acts of sexual abuse, child pornography or a prescribed sexual act from applying for reinstatement. Subsections 33 (4.2) and (4.3) are added to allow a person to apply for reinstatement if a conviction is overturned on appeal or a pardon has been granted. 3. Clauses 42 (1) (c.2) and (c.3) are added to the Act to provide regulation-making authority to require a member to report certain findings made against the member to the Registrar and to govern reporting to the Registrar.

ix 4. The

Schedule also adds a new

section 47.2 to require the implementatio n of a sexual abuse prevention program by the College. The new sections 51.1 and 51.2 require members to report to the Registrar regarding offences, charges and bail conditions. 5. The

Schedule also amends

section 58.1 and other related provisions to include allegations of prescribed sexual acts as a basis for providing funding for therapy and counselling.

Section 63.3 is added to deal with transitional matters that arise in relation to the Schedule.

SCHEDULE 34 ONTARIO ENERGY BOARD ACT, 1998 The

Schedule makes the following amendments to the Ontario Energy Board Act, 1998: 1. The objectives in

section 1 of the Act that are to guide the Ontario Energy Board respecting electricity are amended to remove objectives relating to a smart grid and to renewable energy sources, and to add an objective relating to innovation. Subsection 28.6 (4) of the Act is consequentially repealed. 2. Subsection 4.3 (2) of the Act is re -enacted to change the list of persons who may not be appointed as a comm issioner under the Act. Consequential amendments are made to sections 4.1 and 4.2 of the Act.

Section 98 of the Act, respecting entry onto land at the intended location of a proposed work (as defined in

section 89 of the Act), is amended with respect to the powers of the Board to issue orders authorizing persons to enter onto specified land in relation to the proposed construction, expansion or reinforcement of an electricity distribution line or electricity transmission line or making of an interconnection, or for the development of any such proposed work. Further amendments to

section 98 are included in order to anticipate related amendments to the Environmental Assessment Act that are not yet in force.

SCHEDULE 35 ONTARIO LOAN ACT, 2020 (NO. 2) The Ontario Loan Act, 2020 (No. 2) is enacted. Subsection 1 (1) of the Act authorizes the Crown to borrow a maximum of $18 billion.

SCHEDULE 36 ONTARIO NORTHLAND TRANSPORTATION COMMISSION ACT The

Schedule makes various amendments to the Ontario Northland Transportation Commission Act . Some of the more significant amendments are set out below. The definition of “Minister” in the Act is changed from the Minister of Northern Development and Mines to the Minister of Transportation. The following are now subject to the approval of the Minister, rather than the Lieutenant Governor in Council: the powers of the Commission set out in subsection 7 (2) of the Act; any agreement with the Nipissing Central Railway Company under

section 11 of the Act; the location of the lines of railway and other works of the Commission and of the branches, and the plans of all works proposed, and the by -laws of the Commission in accordance with

section 12 of the Act; agreements with railway companies under subsection 14 (1) of the Act; agreements to lease railway lines under subsection 14 (2) of the Act; and the construction maintenance and operation of works for the production of electricity or other motive power under

section 19 of the Act. Further, regulations made by the Commission under subsection 13 (1) of the Act are now subject to cancellation or amendment at the direction of the Minister, not the Lieutenant Governor in Council. The Act is amended to add the new secti on 7.1, which gives the Minister the power to issue directives in writing to the Commission in respect of any matter under the Act. In addition to the Commission, the exemptions from licences set out in

section 9 now also apply to any person providing passenger transportation services on behalf of the Commission.

SCHEDULE 37 PENSION BENEFITS ACT The

Schedule amends the not -yet-in-force provisions of the Pension Benefits Act relating to target benefits. The amendments relate to the criteria for a benefit to be a target benefit, the treatment of surplus from a pension plan providing target benefits and the requirements relating to proposals to convert certain benefits provided by a multi -employer plan to target benefits by amending the pension plan. New

section 102.4 of the Act provides special rules regarding The Pension Plan of Canadian Press Enterprises Inc. and the Canadian Press Enterprises Inc. Pension Plan for Employees Represented by the Canadian Media Guild. The rules provide that defined benefits prov ided under the two pension plans are deemed not to have been guaranteed by the Pension Benefits Guarantee Fund during specified periods. A technical amendment is made to

section 84 of the Act for consistency. Certain not-yet-in-force provisions of the Act are repealed and substantively re-enacted. These provisions are subject to repeal by

section 10.1 of the Legislation Act, 2006 on December 31, 2020.

x

SCHEDULE 38 PROTECTING A SUSTAINABLE PUBLIC SECTOR FOR FUTURE GENERATIONS ACT, 2019 The

Schedule amends the Protecting a Sustainable Public Sector for Future Generations Act, 2019. New sections 23.1 and 23.2 set out certain rules that apply if the representation status of a class of employees changes. New

section 25.1 sets out financial consequences for employe rs and employers’ organizations that do not comply with Management Board of Cabinet directives issued under the Act.

SCHEDULE 39 PROVINCIAL OFFENCES ACT The

Schedule amends the Provincial Offences Act to permit amendments to the Act that provide for the examination of a certificate of offence by a clerk of the court under

section 9 to come into force before the coming into force of amendments to the Act respecting early resolution meetings (sections 5.1 and 5.2 of the Act, as amended by

Schedule 35 to the Stronger, Fairer Ontario Act (Budget Measures), 2017). As well, a transition provision is added to

section 9.

SCHEDULE 40 PROVINCIAL PARKS AND CONSERVATION RESERVES ACT, 2006 The

Schedule makes various amendments to the Provincial Parks and Conservation Reserves Act, 2006. Here are some of the more significant amendments.

Section 10 of the Act is amended to simplify the language describing management planning for parks and conservation reserves. Management directions and management statements will no longer be used and only management plans will continue to be used. The amendments also provide an exception to public consultation requirements for amendments to management plans where, in the Minister’s opi nion, the environmentally significant aspects of the amendments have already been considered in another process of public participation.

Section 14 of the Act is amended to enable the Minister to authorize the use or occupation of land in provincial parks and conservation reserves, subject to limitations respecting occupations for private, non -commercial purposes. New subsection 14 (5) will require a person authorized to use or occupy land in a provincial park or conservation reserve to comply with the terms and conditions set out in the authorization and any terms and conditions prescribed by regulation. New sections 14.1 and 14.2 give the Minister the power to have land in provincial parks or conservation reserves surveyed and to annul all or part of a survey or subdivision of such lands. New

section 14.4 provides that unauthorized buildings, structures or things in provincial parks or conservation reserves are the property of the Crown and may be disposed of by the Minister, and authorizes the Minister to recover any expenses incurred in association with the disposition of such buildings, structures or things as a debt owing to the Crown.

Section 26 is amended to allow the Minister to establish and charge fees related to conservation reserves.

Section 27 is amended to allow for revenues generated in respect of conservation reserves to be deposited in the separate account in the Consolidated Revenue Fund and to allow for payments out of that separate account for a purpose related to conservation reserves. New

section 33.1 limits the Crown’s liability in respect of negligence in the construction, maintenance or repair of a road i n a provincial park or conservation reserve where a permit is not required to take a vehicle into the provincial park or conservation reserve.

SCHEDULE 41 RESOURCE RECOVERY AND CIRCULAR ECONOMY ACT, 2016 A number of amendments are made to the Resource Recovery and Circular Economy Act, 2016. Among them: 1. The

definitions of “consumer”, “convenience packaging”, “primary pack aging”, “product” and “transport packaging” are expanded, including by allowing alternative meanings to be provided by regulation. 2. Providing that a regulation may designate a class of materials that includes one or more material. 3. The persons in addition to a brand holder who may be required to carry out responsibilities is expanded. 4. The Lieutenant Governor in Council may make regulations governing the collection of blue box material, including authorizing or requiring one or more prescribed persons or entities to make rules in respect of the collection of blue box material.

xi

SCHEDULE 42 SUPPLEMENTARY INTERIM APPROPRIATION FOR 2020-2021 ACT, 2020 The

Schedule enacts the Supplementary Interim Appropriation for 2020 -2021 Act, 2020 , which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2021 up to specified maximum amounts. The expenditures authorized are in addition to those authorized under the Interim Appropriation for 2020-2021 Act, 2019. All expenditures made or recognized under the Interim Appropriation for 2020 -2021 Act, 2019 and this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2021.

SCHEDULE 43 TAXATION ACT, 2007 Transfer of tax credit from a spouse or common-law partner Currently, subsection 9 (17) of the Taxation Act, 2007 governs the transfer of tax credits to a taxpayer from their spouse or common-law partner. The method of calculating the amount that may be trans ferred to the taxpayer is amended, retroactively, to include a reference to the adoption expense tax credit. Calculation of surtax Currently, under

section 16 of the Act, an individual’s surtax for a taxation year is determined based on the gross tax amoun t of the individual. The gross tax amount is determined for a taxation year as the amount of tax that would be payable by the individual for the year under Division B of

Part II of the Act if that amount were determined without reference to various sections of the Act. Retroactive amendments are made to

section 16 to remove the reference to

section 103.1.2, which provides for the community food program donation tax credit for farmers and to add a reference to

section 21.1, the low -income individuals and families tax credit. Complementary amendments are made to

section 103.1.2. Technical amendments are made to subsections 38 (3) and (4). Ontario interactive digital media tax credit Subsection 93 (4) of the Act currently sets out how a qualifying corporation’s eligible labour expenditure is determined for the Ontario interactive digital media tax credit .

An amendment is made to include in a qualifying corporation’s eligible labour expenditure those Ontario labour expenditures that were incurred within 61 -months of the end of the month in which the development of an eligible product is completed, if the product is completed after March 14, 2020 and an Ontario labour expenditure for the product was incurred in 2020. Ontario book publishing tax credit Currently, clause 95 (15) (

f) of the Act provides that the Ontario book publishing tax credit cannot be claimed with respect to the publishing of a literary work if the literary work is published in an edition of less than 500 copies of a bound book. Th e clause is amended so that it does not apply to literary works published in 2020 or 2021. Seniors’ home safety tax credit New

section 103.0.3 of the Act provides for the seniors’ home safety tax credit. It is a temporary refundable tax credit available for only the 2021 taxation year. An eligible individual’s tax credit for a taxation year is 25 per cent of the lesser of $10,000 and the amount by which the individual’s qualifying expenditures exceed certain government assistance. Complementary amendments are made to

section 84. Right of appeal Currently, subsection 125 (2) of the Act provides an Ontario taxpayer with a right to appeal assessments of their Ontario personal income tax payable under the Act as well as a right to appeal determinations about certain benefits that are authorized under the Act. A retroactive amendment is made to provide individuals with a right to appeal determinations of the benefit programs contained in the Ontario Trillium Benefit. Appropriations Currently,

section 176 provides that the money for certain tax credits and benefits are to be paid out of money appropriated for those purposes by the Legislature. The

section is amended to include a reference to the seniors’ home safety tax credit and, on a retroactive basis, to the regional opportunities investment tax credit.

SCHEDULE 44 TOBACCO TAX ACT The

Schedule amends

section 23 of the Tobacco Tax Act in the following ways: 1. Currently, subsection 23 (1) authorizes certain persons to enter certain premises or places for the purposes of conducting audits and examinations of various things. The subsection is re-enacted to provide that the examination of land on which raw leaf tobacco is produced does not require the person to enter the premises or place.

xii 2. The reference to “audit or examine any books and records and any account, voucher, letter, telegram or other document” in clause 23 (1) (

a) is re-enacted as new subclause 23 (1) (a) (

i) to read “audit or examine any books, records or anything else”. 3. A new subsection 23 (1.2) clarifies that any person authorized to examine anything under subsection (1) may, in person or remotely, survey, photograph or make any kind of record of it.

Bill 229 2020

An Act to implement Budget measures and to enact, amend and repeal various statutes CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Alcohol and Gaming Commission of Ontario Act, 2019

Schedule 2 Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996

Schedule 3 Assessment Act

Schedule 4 City of Toronto Act, 2006

Schedule 5 Commercial Tenancies Act

Schedule 6 Conservation Authorities Act

Schedule 7 Credit Unions and Caisses Populaires Act, 2020

Schedule 8 Crown Forest Sustainability Act, 1994

Schedule 9 Early Childhood Educators Act, 2007

Schedule 10 Education Act

Schedule 11 Employer Health Tax Act

Schedule 12 Film Content Information Act, 2020

Schedule 13 Financial Administration Act

Schedule 14 Financial Services Commission of Ontario Act, 1997

Schedule 15 Financial Services Regulatory Authority of Ontario Act, 2016

Schedule 16 Fiscal Sustainability, Transparency and Accountability Act, 2019

Schedule 17 Fuel Tax Act

Schedule 18 Gaming Control Act, 1992

Schedule 19 Gasoline Tax Act

Schedule 20 Highway Traffic Act

Schedule 21 Innovation Centre Governance Act, 2020

Schedule 22 Insurance Act

Schedule 23 Interim Appropriation for 2021-2022 Act, 2020

Schedule 24 Investment Management Corporation of Ontario Act, 2015

Schedule 25 Limitations Act, 2002

Schedule 26 Liquor Licence and Control Act, 2019

Schedule 27 Ministry of Agriculture, Food and Rural Affairs Act

Schedule 28 Ministry of Revenue Act

Schedule 29 Mortgage Brokerages, Lenders and Administrators Act, 2006

Schedule 30 Municipal Act, 2001

Schedule 31 Municipal Property Assessment Corporation Act, 1997

Schedule 32 Ontario Cannabis Retail Corporation Act, 2017

Schedule 33 Ontario College of Teachers Act, 1996

Schedule 34 Ontario Energy Board Act, 1998

Schedule 35 Ontario Loan Act, 2020 (no. 2)

Schedule 36 Ontario Northland Transportation Commission Act

Schedule 37 Pension Benefits Act

Schedule 38 Protecting a Sustainable Public Sector for Future Generations Act, 2019

Schedule 39 Provincial Offences Act

Schedule 40 Provincial Parks and Conservation Reserves Act, 2006

Schedule 41 Resource Recovery and Circular Economy Act, 2016

Schedule 42 Supplementary Interim Appropriation for 2020-2021 Act, 2020

Schedule 43 Taxation Act, 2007

Schedule 44 Tobacco Tax Act Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as fo llows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

2 Commencement 2

(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 a

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 Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020.

SCHEDULE 1 ALCOHOL AND GAMING COMMISSION OF ONTARIO ACT, 2019 1 Subsection 1 (1) of the Alcohol and Gaming Commission of Ontario Act, 2019 is amended by adding the following definition: “lottery subsidiary” means the subsidiary of the Commission established or continued by regulation under

section 6.1; (“filiale des loteries”) 2 The Act is amended by adding the following section: Crown agent 1.1

(1) The Commission is an agent of the Crown in right of Ontario. Same, subsidiary

(2) The lottery subsidiary is an agent of the Crown in right of Ontario. 3 Paragraph 3 of subsection 3 (1) of the Act is repealed and the following substituted: 3. To oversee the lottery subsidiary’s conduct and management of prescribed online lottery schemes. 4. To ensure that prescribed online lottery schemes are conducted, managed and opera ted by the lottery subsidiary in accordance with the Criminal Code (Canada), this Act and the Gaming Control Act, 1992 and the regulations made under them. 5.

If authorized by the Lieutenant Governor in Council, to enter into agreements to have the lottery subsidiary conduct and manage prescribed online lottery schemes on behalf of, or in conjunction with, the government of one or more provinces of Canada. 6. To engage in such other activities as may be prescribed. 4 The Act is amended by adding the following section: Minister’s directives re online lottery schemes 4.1

(1) The Minister may issue directives in writing that relate to the conduct and management of prescribed online lottery schemes to the Commission or to the lottery subsidiary in respect of the Commission’s or the lottery subsidiary’s operations. Implementation

(2) The board of directors of the Commission or of the lottery subsidiary, as applicable, shall ensure that the directives are implemented promptly and efficiently. Directive not a regulation

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive. 5 Subsection 6 (4) of the Act is repealed and the following substituted: Delegation of powers and duties

(4) The board of directors of the C ommission may delegate, in writing, any of its powers and duties to any committee of the board or to one or more officers or employees of the Commission, other than the power to, (

a) make, amend or repeal by-laws of the Commission; (

b) establish fees and charges under

section 13; and (

c) establish a

schedule of monetary penalties under

section 14. Exception, oversight of prescribed online lottery schemes

(4.1) Despite subsection (4), the board shall not delegate any powers and duties to the Registrar or a Deputy Registrar that relate to the oversight of the lottery subsidiary. 6

(1) The Act is amended by adding the following section: Lottery subsidiary 6.1

(1) The Lieutenant Governor in Council may, by regulation, establish or continue a corporation without share capital that is a subsidiary of the Commission that has as its objects and duties, (

a) conducting and managing prescribed online lottery schemes; and (

b) any other prescribed objects or duties.

4 Operations, etc.

(2) The lottery subsidiary shall comply with this Act, the regulations and any Ministerial directives in conducting and managing the prescribed online lottery schemes. Powers of a natural person subject to prescribed limitations

(3) The lottery subsidiary has the capacity , rights and powers of a natural person, subject to such limitations as may be prescribed. Revenues and investments

(4) Despite

Part I of the Financial Administration Act, the revenues and investments of the lottery subsidiary do not form part of the Consolidated Revenue Fund. Application of Business Corporations Act

(5) The regulations may specify provisions of the Business Corporations Act that apply to the lottery subsidiary and its directors and officers, with or without any prescribed modifications. Non-application of Corporations Act

(6) The Corporations Act does not apply to the lottery subsidiary, except as may be prescribed. Non-application of Corporations Information Act

(7) The Corporations Information Act does not apply to the lottery subsidiary.

(2) Subsection 6.1 (6) of the Act, as enacted by subsection (1), is amended by striking out “Corporations Act ” and substituting “Not-for-Profit Corporations Act, 2010”. 7

Section 10 of the Act is repealed and the following substituted: Immunity of employees and others 10

(1) No cause of action arises against, (

a) a director, officer or employee of the Commission as a result of any act done in good faith in the performance or intended performance of their duties under this Act, any duties related to the lottery subsidiary, any of their duties under the alcohol, cannabis, gaming and horse racing statutes or any alleged neglect or default in the performance in good faith of those duties; (

b) a director, officer or employee of the lottery subsidiary as a result of any act done in good faith in the performance or intended performance of their power to conduct and manage prescribed online lottery schemes; or (

c) the Crown, a minister of the Crown or an empl oyee of the Crown as a result of any act or omission of a person who is not a minister of the Crown or a Crown employee, if the act or omission is related, directly or indirectly, to the Commission’s affairs, to the lottery subsidiary’s affairs or to the a dministration of this Act or any of the alcohol, cannabis, gaming and horse racing statutes. No proceeding

(2) No proceeding shall be instituted against, (

a) a director, officer or employee of the Commission by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (a); (

b) a director, officer or employee of the lottery subsidiary by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (b); or (

c) the Crown, a minister of the Crown or an employee of the Crown by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (c). Same (3) Subsections (1) and (2) do not relieve the Commission or the lottery subsidiary of any liability to which it would otherwise be subject. 8 The Act is amended by adding the following section: Payments from lottery subsidiary 12.1 The regulations may require the lot tery subsidiary to make payments in accordance with the regulations, which may include requiring the lottery subsidiary to make payments in accordance with the Commission’s directions. 9

Section 16 of the Act is repealed and the following substituted: Regulations 16 The Lieutenant Governor in Council may make regulations,

5 (

a) respecting anything that, in this Act, may or must be prescribed, done, specified or provided for in the regulations; (

b) establishing or continuing the lottery subsidiary, which may include continuing a lottery subsidiary that was established under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 ; (

c) respecting the governance and operations of the lottery subsidiary, including, (

i) governing the board of directors of the lottery subsidiary, including its composition, procedure and quorum, and the powers and duties of the board, including its power to make by -laws, (ii) governing the mechanism of appointing directors or filling vacancies on the bo ard of directors and the functions, powers, duties and remuneration of directors, (iii) governing the ability of the board of directors to delegate its powers and duties and to designate the offices of the lottery subsidiary, appoint officers, specify their duties and delegate to them or to committees of the board the powers to manage the activities and affairs of the lottery subsidiary, (iv) governing committees of the board of directors, including governing the operation and functions of the committees, (

v) governing the authority of the lottery subsidiary to employ, appoint or otherwise engage persons for the proper conduct of its activities, (vi) governing the functions, powers, duties and remuneration of officers and employees of the lottery subsidi ary, (vii) governing the capacity, rights, powers and privileges of the lottery subsidiary and any restrictions on them, (viii) establishing requirements respecting the accountability of the lottery subsidiary to the Crown, including requiring the lottery subsidiary to provide specified reports to the Minister, (ix) establishing conflict of interest rules, (

x) governing audits of the lottery subsidiary and the appointment of the lottery subsidiary’s auditors, which may include required audits by the Minister or the Minister’s delegate, (xi) governing the winding up and dissolution of the lottery subsidiary and the transfer of its assets, liabilities, rights and obligations; (

d) prescribing online lottery schemes that the lottery subsidiary may conduct and manage, which shall not include any lottery schemes that are conducted and managed by the Ontario Lottery and Gaming Corporation; (

e) governing the ability of officers or employees of the Commission or of the lottery subsidiary to simultaneously be appointed as, work for or provide advice to, (

i) the Registrar, a Deputy Registrar or any other officer or employee who works for or provides advice to the Registrar, (ii) any officer or employee of the lottery subsidiary who assists in conducting and managing prescribed online lottery schemes; (

f) governing the collection of, and payment out of, revenue that the lottery subsidiary receives, including revenue from prescribed online lottery schemes; (

g) requiring the lottery subsidiary to make payments, in cluding requiring the lottery subsidiary to make payments in accordance with the Commission’s direction; (

h) specifying that any provisions of this Act that relate to the Commission apply to the lottery subsidiary, subject to such modifications as may be prescribed; (

i) governing the operations of any prescribed online lottery scheme that is conducted and managed by the lottery subsidiary, including prescribing requirements that the lottery scheme must meet or restrictions or prohibitions that apply to th e lottery scheme; (

j) governing transitional matters that may arise due to the establishment of the lottery subsidiary, any other amendments to this Act made by the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 or the repeal of any provision of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996; (

k) respecting any matter necessary to facilitate the implementation of this Act. Commencement 10

(1) Subject to subsection (2), this

Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor. (2) Subsection 6 (2) comes into force on the later of the day subsection 6 (1) of this

Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

SCHEDULE 2 ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996 1

(1) Section 1 of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 is amended by adding the following

definitions: “lottery subsidiary” means the subsidiary of the Commission established by regulation under

section 6.1; (“filiale des loteries”) “prescribed” means prescribed by the regulations made under this Part; (“prescrit”)

(2) The definition of “Tribunal” in

section 1 of the Act is amended by striking out “by the regulations made under this Part” at the end. 2 The Act is amended by adding the following section: Crown agent 1.1

(1) The Commission is an agent of the Crown in right of Ontario. Same, subsidiary

(2) The lottery subsidiary is an agent of the Crown in right of Ontario. 3 Paragraph 2 of subsection 2 (9) of the Act is amended by striking out “by regulations made under this Part” at the end. 4 Subsection 3 (2) of the Act is repealed and the following substituted: Same

(2) In addition to its powers and duties under this Act, the Commission shall, (

a) exercise those powers and duties under the Liquor Control Act and the regulations made under it that are assigned to it by the Lieutenant Governor in Council; (

b) oversee the lottery subsidiary’s conduct and management of prescribed online lottery schemes; (

c) ensure that prescribed online lottery schemes are conducted, managed and operated by the lottery subsidiary in accordance with the Criminal Code (Canada), this Act and the Gaming Control Act, 1992 and the regulations made under them; and (

d) if authorized by the Lieutenant Governor in Council, enter into agreements to have the lottery subsidiary conduct and manage prescribed online lottery schemes on behalf of, or in conjunction with, the government of one or more provinces of Canada. 5 The Act is amended by adding the following sections: General powers 4.1

(1) Except as limited by this Act, the Commission has the capacity, rights and powers of a natural person for carrying out its objects. Cabinet approval

(2) The Commission shall not exercise the following powers without the approval of the Lieutenant Governor in Council: 1. Acquiring, disposing of, leasing, mortgaging, charging or otherwise transferring or enc umbering any interest in real property, except for leasing space that is reasonably necessary for the purposes of the Commission. 2. Borrowing or lending money. 3. Pledging, charging or encumbering any of its personal property. 4. Creating a subsidiary. Minister’s directives re online lottery schemes 4.2

(1) The Minister may issue directives in writing that relate to the conduct and management of prescribed online lottery schemes to the Commission or to the lottery subsidiary in respect of the Commission’s or the lottery subsidiary’s operations. Implementation

(2) The board of directors of the Commission or of the lottery subsidiary, as applicable, shall ensure that the directives are implemented promptly and efficiently. Directive not a regulation

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive. 6

Section 5 of the Act is repealed and the following substituted:

7 Delegation of powers and duties 5

(1) The board of the Commission may delegate, in writing, any of its powers and duties to any committee of the board or to any person or persons employed by the Commission, and any such delegation is subject to any conditions set out in the delegation. Exceptions

(2) Despite subsection (1), the board shall not delegate any powers and duties to the Registrar or a Deputy Registrar that relate to the oversight of the lottery subsidiary. 7

(1) The Act is amended by adding the following section: Lottery subsidiary 6.1

(1) The Lieutenant Governor in Council may, by regulation, establish a corporation without share capital that is a subsidiary of the Commission that has as its objects and duties, (

a) conducting and managing prescribed online lottery schemes; and (

b) any other prescribed objects or duties. Operations, etc.

(2) The lottery subsidiary shall comply with this Act, the regulations made under this Part and any Ministerial directives in conducting and managing the prescribed online lottery schemes. Powers of a natural person subject to prescribed limitations

(3) The lottery subsidiary has the capacity, rights and powers of a natural person, subject to such limitations as may be prescribed. Revenues and investments

(4) Despite

Part I of the Financial Administration Act, the revenues and investments of the lottery subsidiary do not form part of the Consolidated Revenue Fund. Application of Business Corporations Act

(5) The regulations made under this Part may specify provisions of the Business Corporations Act that apply to the lottery subsidiary and its directors and officers, with or without any prescribed modifications. Non-application of Corporations Act

(6) The Corporations Act does not apply to the lottery subsidiary, except as may be prescribed. Non-application of Corporations Information Act

(7) The Corporations Information Act does not apply to the lottery subsidiary.

(2) Subsection 6.1 (6) of the Act, as enacted by subsection (1), is amended by striking out “ Corporations Act ” and substituting “Not-for-Profit Corporations Act, 2010”. 8 The Act is amended by adding the following section: Immunity of employees and others 7.1

(1) No cause of action arises against, (

a) a director, officer or employee of the Commission as a result of any act done in good faith in the performance or intended performance of their duties under this Act, any duties related to the lottery subsidiary, any of their duties under the alcohol, cannabis, gaming and horse racing statutes or any alleged neglect or default in the performance in good faith of those duties; (

b) a director, officer or employee of the lottery subsidiary as a result of any act done in good faith in the performance or intended performance of their power to conduct and manage prescribed online lottery schemes; or (

c) the Crown, a minister of the Crown or an employee of the Crown as a result of any act or omission of a person who is not a minister of the Crown or a Crown employee, if the act or omission is related, directly or indirectly, to the Commission’s affairs, t o the lottery subsidiary’s affairs or to the administration of this Act or any of the alcohol, cannabis, gaming and horse racing statutes. No proceeding

(2) No proceeding shall be instituted against, (

a) a director, officer or employee of the Commission by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (a);

8 (

b) a director, officer or employee of the lottery subsidiary by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (b); or (

c) the Crown, a minister of the Crown or an employee of the Crown by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (c). Same (3) Subsections (1) and (2) do not relieve the Commission or the lottery subsidiary of any liability to which it would otherwise be subject. 9 The Act is amended by adding the following section: Payments from lottery subsidiary 8.1 The regulations made under this Part may require the lottery subsidiary to make payments in accordance with the regulations, which may include requiring the lottery subsidiary to make payments in accordance with the Commission’s directions. 10

(1) Paragraph 1 of subsection 14.1 (1) of the Act is amended by striking out “by the regulations made under this Part” at the end.

(2) Paragraph 2 of subsection 14.1 (4) of the Act is amended by striking out “by the regulations made under this Part” at the end. 11 Clause 16 (

c) of the Act is repealed and the following substituted: (

c) respecting anything that, in this Part, may or must be prescribed, done, specified or provided for in the regulations made under this Part; (

d) establishing the lottery subsidiary; (

e) respecting the governance and operations of the lottery subsidiary, including, (

i) governing the board of directors of the lottery subsidiary, including its composition, procedure and quorum, and the powers and duties of the board, including its power to make by-laws, (ii) governing the mechanism of appointing directors or filling vacancies on the board of directors and the functions, powers, duties and remuneration of directors, (iii) governing the ability of the board of director s to delegate its powers and duties and to designate the offices of the lottery subsidiary , appoint officers, specify their duties and delegate to them or to committees of the board the powers to manage the activities and affairs of the lottery subsidiary, (iv) governing committees of the board of directors, including governing the operation and functions of the committees, (

v) governing the authority of the lottery subsidiary to employ, appoint or otherwise engage persons for the proper conduct of its activities, (vi) governing the functions, powers, duties and remuneration of officers and employees of the lottery subsidiary, (vii) governing the capacity, rights, powers and privileges of the lottery subsidiary and any restrictions on them, (viii) establishing requirements respecting the accountability of the lottery subsidiary to the Crown, including requiring the lottery subsidiary to provide specified reports to the Minister, (ix) establishing conflict of interest rules, (

x) governing audits of the lottery subsidiary and the appointment of the lottery subsidiary’s auditors, which may include required audits by the Minister or the Minister’s delegate, (xi) governing the winding up and dissolution of the lottery subsidiary and the transfer of its assets, liabilities, rights and obligations; (

f) prescribing online lottery schemes that the lottery subsidiary may conduct and manage, which shall not include any lottery schemes that are conducted and managed by the Ontario Lottery and Gaming Corporation; (

g) governing the ability of officers or employees of the Commission or of the lottery subsidiary to simultaneously be appointed as, work for or provide advice to, (

i) the Registrar, a Deputy Registrar or any other officer or employee who works for or provides advice to the Registrar, and (ii) any officer or employee of the lottery subsidiary who assists in conducting and managing prescribed online lottery schemes;

9 (

h) governing the co llection of, and payment out of, revenue that the lottery subsidiary receives, including revenue from prescribed online lottery schemes; (

i) requiring the lottery subsidiary to make payments, including requiring the lottery subsidiary to make payments in accordance with the Commission’s direction; (

j) specifying that any provisions of this Part that relate to the Commission apply to the lottery subsidiary, subject to such modifications as may be prescribed; (

k) governing the operations of any prescribed online lottery scheme that is conducted and managed by the lottery subsidiary, including prescribing requirements that the lottery scheme must meet or restrictions or prohibitions that apply to the lottery scheme; (

l) governing transitional matters that may arise due to the establishment of the lottery subsidiary or any other amendments to this Part made by the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020; (

m) respecting any matter necessary to facilitate the implementation of this Part. 12

(1) The definition of “beer” in subsection 17 (1) of the Act is amended by striking out “ but does not include a beverage purporting to be beer that contains alcohol obtained by a means other than the fermentation of an infusion or decoction of barley, malt and hops or similar products if the alcohol so obtained increases the total alcohol content of the beverage by more than 0.5 per cent by volume” at the end.

(2) The definition of “Ontario wine cooler” in subsection 17 (1) of the Act is amended by striking out “means Ontario wine or a beverage containing Ontario wine” and substituting “means, except as prescribed by the regulations, Ontario wine or a beverage containing Ontario wine”.

(3) The English version of the definition of “ spirits” in subsection 17 (1) of the Act is repealed and the following substituted: “spirits” means a beverage that is spirits for the purposes of the Liquor Licence and Control Act, 2019; (“spiritueux”)

(4) The definition of “spirits cooler” in subsection 17 (1) of the Act is amended by striking out “means a beverage” and substituting “means, except as prescribed by the regulations, a beverage”.

(5) The definition of “wine cooler” in subsection 17 (1) of the Act is amended by striking out “means wine or a beverage” and substituting “means, except as prescribed by the regulations, wine or a beverage”.

(6) The French version of the definition of “reserve” in subsection 17 (4) of the Act is amended by striking out “habitants” and substituting “habitants indiens”. 13 Subsections 27 (1.1) to (2.1) of the Act are repealed and the following substituted: Same, purchases from wine boutique

(1.1) Despite subsection (1), a purchaser who purchases from an authorized grocery store wine that is Ontario wine o r wine cooler that is Ontario wine cooler shall, if the wine or wine cooler is manufactured by the operator of the wine boutique located in the shopping area of the grocery store, pay a basic tax in respect of the purchase at the basic tax rate of 9.6 per cent of the retail price of the wine or wine cooler. Other wine or wine cooler

(2) A purchaser who purchases from a winery retail store or an authorized grocery store wine that is not Ontario wine or wine cooler that is not Ontario wine cooler shall pay a basic tax in respect of the purchase at the basic tax rate of 19.1 per cent of the retail price of the wine or wine cooler. Same, purchases from wine boutique

(2.1) Despite subsection (2), a purchaser who purchases from an authorized grocery store wine that is not Ontario wine or wine cooler that is not Ontario wine cooler shall, if the wine or wine cooler is manufactured by the operator of the wine boutique located in the shopping area of the grocery store, pay a basic tax in respect of the purchase at the basic tax rate of 22.6 per cent of the retail price of the wine or wine cooler. 14 Subsection 71 (1) of the Act is repealed and the following substituted: Regulations Lieutenant Governor in Council

(1) The Lieutenant Governor in Council may make regulations, (

a) defining terms or expressions used in this Part that are not defined in this Part; (

b) excluding a beverage from the definition of “spirits cooler”, an Ontario wine or a beverage containing Ontario wine from the definition of “Ontario wine coo ler” or a wine or beverage from the definition of “wine cooler” for the purposes of those

definitions in subsection 17 (1).

10 Ontario Lottery and Gaming Corporation Act, 1999 15 Paragraph 3 of

section 3 of the Ontario Lottery and Gaming Corporation Act, 1999 is amended by adding “the” after “ensure that”. Plan to Build Ontario Together Act, 2019 16 Subsection 5 (23) and subsections 15 (2), (3) and (4) of

Schedule 2 to the Plan to Build Ontario Together Act, 2019 are repealed. Commencement 17

(1) Subject to subsections (2) to (4), this

Schedule comes into force on the day the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 receives Royal Assent.

(2) Sections 1 to 6, subsection 7 (1), sections 8 to 11, subsections 12 (1) to ( 5) and

section 14 come into force on a day to be named by proclamation of the Lieutenant Governor. (3) Subsection 7 (2) comes into force on the later of the day subsection 7 (1) of this

Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

(4) Section 13 is deemed to have come into force on June 1, 2020.

SCHEDULE 3 ASSESSMENT ACT 1

(1) The definition of “Assessment Review Board” in subsection 1 (1) of the Assessment Act is amended by adding “and “the Board” has a corresponding meaning” at the end.

(2) The

definitions of “Minister” and “ Ministry” in subsection 1 (1) of the Act are repealed and the following substituted: “Minister” means the Minister of Finance or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”) “Ministry” means the ministry of the Minister; (“ministère”) 2 (1) Clause 2 (2) (d.6) of the Act is repealed.

(2) Subsection 2 (2.0.1) of the Act is repealed. (3) Clause 2 (3.1) (

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

d) allow for a municipality, other than a lower-tier municipality, to, by by-law, (

i) establish all of the requirements for land to be included in a class or subclass in the municipality or some portion of it, (ii) establish requirements, in addition to tho se set out in the regulation, for land to be included in a class or subclass in the municipality or some portion of it, or (iii) provide that any requirement set out in the regulation does not apply for land to be included in a class or subclass in the municipality or some portion of it.

(4) Section 2 of the Act is amended by adding the following subsection: Same

(3.2) A by-law under clause (3.1) (

d) may specify that individual properties, or portions thereof, are eligible or ineligible to be included in the class or subclass. 3 Paragraph 15.1 of subsection 3 (1) of the Act is amended by adding “or by an Ontario unit of the Army, Navy and Air Force Veterans in Canada” at the end. 4

Section 19 of the Act is amended by adding the following subsections: Same

(4) A regulation under subsection (2.1) may provide that the regulation does not apply to land within a municipality unless the municipality has, in the prescribed manner, opted to have the regulation apply. In this subsection, “municipality” means an upper-tier municipality and a single-tier municipality. Same

(4.1) If a municipality opts to have a regulation under subsection (2.1) apply, (

a) the regulation may require or permit the municipality to establish criteria, parameters or comparators which m ust be used, or must not be used, in determining the current value of land under the regulation; and (

b) the municipality may specify, by by-law, that the regulation applies only to, (

i) properties that meet the requirements set out in the by-law, (ii) properties in a portion of the municipality, (iii) specified properties or types of properties in the municipality, or (iv) specified properties or types of properties in a portion of the municipality. Delegation by upper-tier municipality

(4.2) An upper-tier municipality that opts to have a regulation under subsection (2.1) apply may, by by -law, permit its lower- tier municipalities to establish anything the upper -tier municipality is required or permitted to establish under cl ause (4.1) (

a) or to specify anything that the upper-tier municipality is permitted to specify under clause (4.1) (b). 5

(1) Subsection 19.1 (3) of the Act is amended by striking out “For 2009 and subsequent taxation years” at the beginning.

(2) Section 19.1 of the Act is amended by adding the following subsection:

12 Regulations

(3.1) The Minister may, by regulation, provide for rules or percentages other than those set out in subsection (3) that shall apply if the current value of land increases because of a general reassessment.

(3) Subsection 19.1 (4) of the Act is amended by striking out “for the 2009 and subsequent taxation years” in the portion before clause (a). 6 (1) Subsection 33 (1.1) of the Act is repealed.

(2) Section 33 of the Act is amended by adding the following subsection: Prescribed exceptions

(3.1) The Minister may make regulations providing that subsection (1) or (3) does not apply with respect to specified land during the period and in the circumstances set out in the regulations. 7

Section 44 of the Act is amended by adding the following subsections: Reference to similar lands

(4) If a municipality has passed a by -law in which it opts to have a regulation under subsection 19 (2) or (2.1) apply to the determination of the current value of land, the Board shall not have reference, for the purpose of clause (3) (b), to the value of land that has been determined in the manner specified in a regulation under subsection 19 (2) or (2.1), as the case may be, a nd shall not consider those lands to be similar lands in the vicinity.

Exception (5) Subsection (4) does not apply if the current value of the land that is the subject of the appeal has also been determined in the manner specified under the regulation under subsection 19 (2) or (2.1), a s the case may be. Commencement 8

(1) Subject to subsection (2), this

Schedule comes into force on the day the Protect, Support and Recover from COVID- 19 Act (Budget Measures), 2020 receives Royal Assent.

(2) Section 3 is deemed to have come into force on January 1, 2019.

SCHEDULE 4 CITY OF TORONTO ACT, 2006 1 (1) Subsection 278 (1.1) of the City of Toronto Act, 2006 is repealed and the following substituted: City option

(1.1) Despite subsection (1), the City may pass a by-law providing that instead of the percentages described in paragraph 2, 3, 4 or 5 of subsection (1), the tax rates shall be reduced by the percentages set out in the by -law. Same, maximum percentage (1.1.1) A by-law described in subsection (1.1) shall not provide for a percentage greater than 35 per cent for any subclass. (2) Subsection 278 (1.2) of the Act is amended by striking out “paragraph 1, 2, 3 4 or 5 of subsection (1), as the case may be” at the end and substituting “paragraph 1 of subsection (1)”. (3) Subsection 278 (1.3) of the Act is repealed and the following substituted: Same

(1.3) Despite subsection (1), the City, (

a) may pass a by-law providing that a tax rate reduction in paragraph 2, 3, 4 or 5 of subsection (1) does not apply; and (

b) may, if authorized by the regulations, pass a by-law providing that a tax rate reduction in paragraph 1 of subsection (1) does not apply. 2

(1) Section 331 of the Act is amended by adding the following subsection: City option

(1.1) Despite subsection (1), the City is not required to have a program to provide tax rebates to owners of property that has vacant portions if the City passes a by-law providing that subsection (1) does not apply in the City.

(2) Paragraph 1 of subsection 331 (2) of the Act is amended by addin g “and as set out in a by -law passed under subsection (2.1)” at the end.

(3) Paragraph 2 of subsection 331 (2) of the Act is amended by adding “or a by-law passed under subsection (2.1)” after “in accordance with, the regulations”.

(4) Paragraph 3 of subsection 331 (2) of the Act is amended by adding “or a by-law passed under subsection (2.1)” after “in accordance with, the regulations”.

(5) Paragraph 3.1 of subsection 331 (2) of the Act is amended by adding “or a by -law passed under subsection (2.1)” after “in accordance with, the regulations”. (6) Subsection 331 (2.1) of the Act is repealed and the following substituted: Options for by-law

(2.1) The City may, by by-law, (

a) provide for requirements for the program in addition to the requirements unde r this section, including additional requirements or criteria for a property or portion of a property to be eligible property; (

b) specify circumstances under which no rebate is payable in respect of a property that would otherwise be eligible property; and (

c) specify, for each class in respect of which the rebate applies, a percentage for the rebate for eligible property of up to 35 per cent. (7) Subsection 331 (4) of the Act is repealed. (8) Clause 331 (12) (d.2) of the Act is amended by striking out “subsections (2.1) and (2.2)” at the end and substituting “subsection (2.1)”.

(9) Section 331 of the Act is amended by adding the following subsection: Conflict

(12.1) In the event of a conflict between a by-law described in subsection (1.1) or (2.1) and any provision of a regulation made under this section, the by-law prevails. Commencement 3 This

Schedule comes into force on the day the Protect, Support and Recover from COVID -19 Act (Budget Measures), 2020 receives Royal Assent.

SCHEDULE 5 COMMERCIAL TENANCIES ACT 1

(1) Part IV of the Commercial Tenancies Act is repealed and the following substituted:

PART IV Non-enforcement period 79 In this Part, “non-enforcement period” means, (

a) in respect of a tenancy referred to in subsec tion 80 (1), the period that begins on the day subsection 1 (1) of

Schedule 5 to the Protect, Support and Recover from COVID -19 Act (Budget Measures), 2020 comes into force and ends on the prescribed date, and (

b) in respect of a tenancy referred to in subsection 80 (2), the period prescribed for the purposes of this clause. Application 80

(1) This Part applies to a tenancy in respect of which the landlord satisfies any of the following criteria: 1. The landlord is or was eligible to receive assistance under the Canada Emergency Commercial Rent Assistance for small businesses program. 2. The landlord is receiving or has received assistance under the Canada Emergency Commercial Rent Assistance for small businesses program. 3.

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. 4. 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 3 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 or if assistance is no longer available under the program. Application, prescribed tenancies

(2) This Part applies to a tenancy that satisfies the prescribed c riteria. However, sections 83 and 85 apply, with prescribed modifications, in respect of those tenancies only if so provided by the regulations. Conflict

(3) This Part applies despite any other Part of this Act or any provision in an agreement or any comm on law rule. Eviction orders for rent arrears not effective during the non-enforcement period 81

(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 that applies i n respect of a tenancy referred to in subsection 80 (1) or (2) 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 the applicable non-enforcement period begins.

No re-entry during the non-enforcement period 82 No landlord shall exercise a right of re -entry in respect of a tenancy referred to in subsection 80 (1) or (2) during the applicable non-enforcement period. Restore possession and compensate for re-entry 83

(1) If a landlord exercised a right of re-entry during the period that begins on October 31, 2020 and ends immediately before the day s ubsection 1 (1) of

Schedule 5 to the Protect, Support and Recover from COVID -19 Act (Budget Measures), 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.

15 Tenancy deemed reinstated

(2) If a landlord restores possession of a premises to a tenant under subsection (1), the tenancy is deemed to be reinstated on the same terms and conditions unless the landlord and the tenant agree otherwise. No distress during the non-enforcement period 84 No landlord shall, during the applicable non-enforcement period, seize any goods or chattels as a distress for arrears of rent in respect of a tenancy referred to in subsection 80 (1) or (2). Return goods seized before the non-enforcement period 85 If, during the period that begins on October 31, 2020 and ends immediately before the day s ubsection 1 (1) of

Schedule 5 to the Protect, Support and Recover from COVID -19 Act (Budget Measures), 2020 comes into force , a landlord seized any goods or chattels as a distres s 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 subsection 1 (1) of

Schedule 5 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force. Liability for re-entry and seizure of goods 86

(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 87 The Lieutenant Governor in Council may make regulations, (

a) prescribing any matter referred to in this Part as prescribed; (

b) prescribing transitional rules that apply in respect of the non-enforcement period that is applicable in respect of a tenancy referred to in subsection 80 (2), includi ng providing that sections 83 and 85 apply in respect of those tenancies and prescribing modifications to those sections and

section 86.

(2) Part IV of the Act, as re-enacted by subsection (1), is repealed. Commencement 2

(1) Subject to subsection (2), this

Schedule comes into force on the day the Protect, Support and Recover from COVID- 19 Act (Budget Measures), 2020 receives Royal Assent. (2) Subsection 1 (2) comes into force on the second anniversary of the day the Protect, Support and Recover from COVID- 19 Act (Budget Measures), 2020 receives Royal Assent.

SCHEDULE 6 CONSERVATION AUTHORITIES ACT 1 The Conservation Authorities Act is amended by adding the following section: Existing aboriginal or treaty rights 1.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in

section 35 of the Constitution Act, 1982. 2 (1) Subsection 14 (1) of the Act is amended by adding “Subject to subsection (3)” at the beginning.

(2) Section 14 of the Act is amended by adding the following subsections: Members of council appointed

(1.1) When appointing members of an autho rity, the council of a participating municipality shall ensure that at least 70 per cent of its appointees are selected from among the members of the municipal council, subject to subsection (1.2). Exception

(1.2) Upon application by a participating munic ipality, the Minister may grant permission to the municipality to select less than 70 per cent of its appointees to an authority from among the members of the municipal council, subject to such conditions or restrictions as the Minister considers appropriate. (3) Subsection 14 (2) of the Act is amended by striking out “The total number of members of the authority and the number of members that each participating municipality may appoint” at the beginning and substituting “The total number of municipally ap pointed members of the authority and the number of municipal councillors that each participating municipality may appoint”.

(4) Section 14 of the Act is amended by adding the following subsections: Municipal agreement

(2.2) If the participating municipalities of an authority enter into an agreement with respect to the total number of municipally appointed members of the authority and the total number of members each municipality may appoint, the authority shall, within 60 days after the agreement is executed, (

a) provide a copy of the agreement to the Minister; and (

b) make the agreement available to the public by posting it on the authority’s website and by any other means the authority considers appropriate. Same, transition

(2.3) If an agreement referred to in subsection (2.2) is in force on the day subsection 2 (4) of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, the relevant authority shall provide a copy of the agreement to the Minister within 60 days after that day. (5) Subsection 14 (4) of the Act is repealed and the following substituted: Member from agricultural sector appointed

(4) In addition to the members of an authority appointed in accordance with subsections (1) to (2.1), an additional member may be appointed to the authority by the Minister as a representative of the agricultural sector. Limitation on voting (4.0.1) The member of an authority appointed under subsection (4) shall not vote on, (

a) a resolution to enlarge an authority’s area of jurisdiction that is presented at a meeting called under

section 10; (

b) a resolution to amalgamate an authority with another authority that is presented at a meeting called under

section 11; (

c) a resolution to dissolve the authority that is presented at a meeting called under

section 13.1; or (

d) a resolution relating to any budgetary matter that is presented at a me eting held under

section 16. (6) Subsection 14 (4.1) of the Act is amended by adding “or, in the case of a member appointed under subsection (4), by the Minister” at the end. (7) Subsection 14 (4.3) of the Act is amended by adding “or, in the case of a m ember appointed under subsection (4), by the Minister” at the end. 3

Section 15 of the Act is amended by adding the following subsections:

17 Agenda, minutes to be made public

(2.1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, the authority shall, (

a) make the agenda for a meeting of the authority or of its executive committee available to the public before the meeting takes place; and (

b) make the minutes of a meeting of the authority or of its executive committee available to the public within 30 days after the meeting. Same

(2.2) An agenda for a meeting or its minutes that are to be made available to the public under subsection (2.1) shall be made available by posting them on the authority’s website and by any other mean s the authority considers appropriate. 4

Section 17 of the Act is amended by adding the following subsections: Term of chair, vice-chair

(1.1) A chair or vice-chair appointed under subsection (1) shall hold office for a term of one year and shall serve fo r no more than two consecutive terms. Representation from each municipality

(1.2) An authority in respect of which more than one participating municipality has been designated shall appoint chairs and vice-chairs from among the members appointed to the au thority by each participating municipality on a rotating basis so as to ensure that a member appointed to the authority by a particular participating municipality cannot be appointed to succeed an outgoing chair or vice-chair appointed to the authority by the same participating municipality. Exception

(1.3) Despite subsections (1.1) and (1.2), upon application by an authority or a participating municipality, the Minister may grant permission to the authority or participating municipality to, subject to suc h conditions or restrictions as the Minister considers appropriate, (

a) appoint a chair or vice-chair for a term of more than one year or to hold office for more than two consecutive terms; or (

b) appoint as chair or vice -chair of the authority a member who was appointed to the authority by the same participating municipality that appointed the outgoing chair or vice-chair. 5 Subsection 19.1 (6) of the Act is repealed. 6 (1) Subsection 20 (1) of the Act is repealed and the following substituted: Objects

(1) The objects of an authority are to provide, in the area over which it has jurisdiction, (

a) the mandatory programs and services required under

section 21.1; (

b) any municipal programs and services that may be provided under

section 21.1.1; and (

c) any other programs or services that may be provided under

section 21.1.2. (2) Subsection 20 (2) of the Act is amended by striking out “Despite subsection (1) and subject to any other legislation pertaining to these resources” at t he beginning and substituting “Subject to any other Act relating to gas or oil resources”. 7 (1) Clause 21 (1) (

a) of the Act is repealed and the following substituted: (

a) to research, study and investigate the watershed and to support the development a nd implementation of programs and services intended to further the purposes of this Act; (2) Clause 21 (1) (

b) of the Act is amended by striking out “to enter into and upon any land” and substituting “to enter into and upon any land, with consent of the occupant or owner”. (3) Clause 21 (1) (

c) of the Act is amended by striking out “and to expropriate”. (4) Clause 21 (1) (

p) of the Act is repealed. 8

(1) Section 21.1 of the Act is repealed and the following substituted: Mandatory programs and services 21.1

(1) An authority shall provide the following programs or services within its area of jurisdiction: 1. Programs or services that meet any of the following descriptions and that have been prescribed by the regulations: i. Programs and services related to the risk of natural hazards.

18 ii. Programs and services related to the conservation and management of lands owned or controlled by the authority, including any interests in land registered on title. iii. Programs and services related to the authority ’s duties, functions and responsibilities as a source protection authority under the Clean Water Act, 2006. iv. Programs and services related to the authority’s duties, functions and responsibilities under

an Act prescribed by the regulations. 2. Programs or service s, other than program s or service s described in paragraph 1, that ha ve been prescribed by the regulations on or before the first anniversary of the day prescribed under clause 40 (3) ( i). Same, Lake Simcoe Region Conservation Authority

(2) In addition to the programs and services required to be provided under subsection (1), the Lake Simcoe Region Conservation Authority shall provide , within its area of jurisdiction , such programs and services as are prescribed by the regulations and are related to its duties, functions and responsibilities under the Lake Simcoe Protection Act, 2008. Standards and requirements

(3) Programs and services required to be provided under subsections (1) and (2) shall be provided in accordance with such standards and requirements as may be set out in the regulations. Municipal programs and services 21.1.1

(1) An authority may provide, within its area of jurisdiction, municipal programs and services that it agrees to provide on behalf of a municipality s ituated in whole or in part within its area of jurisdiction under a memorandum of understanding , or such other agreement as may be entered into with the municipality, in respect of the programs and services. Memorandum, agreement available to public

(2) An authority shall make a memorandum of understanding or other agreement available to the public in such manner as may be determined in the memorandum or agreement. Periodic review of memorandum, agreement

(3) An authority and a municipality who have enter ed into a memorandum of understanding or other agreement shall review the memorandum or agreement at such regular intervals as may be determined in the memorandum or agreement. Terms and conditions

(4) Programs and services that an authority agrees to provide on behalf of a municipality shall be provided in accordance with, (

a) the terms and conditions set out in the memorandum of understanding or agreement ; and (

b) such standards and requirements as may be prescribed. Conflict

(5) If there is a conflict between the terms and conditions set out in the memorandum of understanding or agreement and the prescribed standard and requirements, the prescribed standards and requirements prevail. Other programs and services 21.1.2

(1) In addition to programs and services described in sections 21.1 and 21.1.1, an authority may provide, within its area of jurisdiction, any other programs and services that it determines are advisable to further the purposes of this Act. Prescribed standards

(2) Programs and services provided under subsection (1) shall be provided in accordance with such standards and requirements as may be prescribed. Consultation 21.1.3 An authority shall carry out such consultations with respect to the programs and services it provides as may be required by regulation and shall do so in the manner specified by regulation.

(2) Subsection 21.1.2 (2) of the Act, as enacted by subsection (1), is repealed and the following substituted: Agreement

(2) On and after the day prescribed by the regul ations, if financing under

section 25 or 27 by a participating municipality is necessary in order for an authority to provide a program or service authorized to be provided under subsection (1), the program or service shall not be provided by the authority unless an agreement that meets the following criteria has been entered into between the authority and the participating municipality in respect of the program or service: 1. The agreement must provide for the participating municipality to pay to the auth ority, i. an apportioned amount under

section 25 in connection with a project related to the program or service, or

19 ii. an apportioned amount under

section 27 in respect of the program or service. 2. The agreement must include provisions setting out the day on which the agreement terminates and a requirement that it be reviewed by the parties within the period specified in the regulations for the purpose of determining whether or not the agreement is to be renewed by the parties. 3. The agreement must meet such other requirements as may be prescribed by the regulations. Terms and conditions

(3) Programs and services that an authority agrees to provide under an agreement described in subsection (2) shall be provided in accordance with, (

a) such terms and conditions as may be set out in the agreement; and (

b) such standards and requirements as may be prescribed. Conflict

(4) If there is a conflict between the terms and conditions set out in an agreement described in subsection (2) and the prescribed standards and requirements, the prescribed standards and requirements prevail. 9 The Act is amended by adding the following section: Transition plan re s. 21.1.2 (2) 21.1.4

(1) Every authority shall develop and implement a transition plan for the purpose of ensuring that it will be in compliance with subsection 21.1.2 (2) by the day prescribed by the regulations for the purpose of that subsection. Contents

(2) The transition plan shall address the following matters in accordance with the regulations: 1. Preparation by the authority of an inventory of the authority’s programs and services. 2. Consultation by the authority with participating municipalities on the inventory of programs and services mentioned in paragraph 1. 3. If financing under

section 25 or 27 by a participating municipality is necessary in order for the authority to provide a program or service authorized to be provided under subsection 21.1.2 (1), steps to be taken by the authority for the purposes of seeking to enter into an agreement with the participating municipality in respect of that program or service. 4. Such other matters as may be prescribed by the regulations. 10

Section 21.2 of the Act is amended by adding the following subsections: Reconsideration of fees for permit applications

(13) If an authority receives a request for reconsideration of a fee charged for an application for a permit made under subsection 28.1 (2), the authority shall make its decision within 30 days after receiving the request. Appeal if no decision

(14) If an authority fails to reconsider a fee described in subsection (13) within 30 days of receiving the request for reconsideration, the person who made the request may appeal the amount of the fee directly to the Local Pla nning Appeal Tribunal. Payment of fee

(15) If, after reconsideration of a fee charged for an application for a permit made under subsection 28.1 (2), an authority orders a person to pay the fee under clause (12) (

a) or (b), the person shall pay the fee in accordance with the order. Payment of fee under protest and appeal

(16) A person who pays a fee under subsection (15) may, (

a) when paying the fee, indicate to the authority in writing that the fee is being paid under protest; and (

b) within 30 days after payment of the fee, appeal the amount charged by the authority upon reconsideration to the Local Planning Appeal Tribunal. Appeal of fee in fee

schedule

(17) For greater certainty, an appeal of the amount of a fee under subsection (14) or clause (16) (

b) applies even if the amount charged was set out in the fee

schedule prepared by the authority under subsection (6). Hearing

(18) The Local Planning Appeal Tribunal shall hear an appeal made under subsection (14) or clause (16) (b).

20 Powers on appeal

(19) After hearing the appeal, the Local Planning Appeal Tribunal may, (

a) dismiss the appeal; (

b) vary the amount of the fee charged by the authority; or (

c) order that no fee be charged. Refund

(20) If the Local Planning Appeal Tribunal makes an order under clause (19) (

b) or (c), it may order that the authority provide a refund to the appellant in such amount as the Tribunal determines. Where dismissal required

(21) Despite subsection (19), the Local Planning Appeal Tribunal shall dismiss the appeal if it determines that the fee complies with a regulation made under clause 40 (3) (b). 11

Section 23.1 of the Act is amended by adding the following subsections: Immunity for investigators

(9) No action or other proceeding shall be instituted against an investigator appointed under subsection (4) for any act done in good faith in the performance or intended performance of their duties under this Act or for any alleged neglect or default in the performance in good faith of their duties. Same

(10) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (9) does not relieve the Crown of any liability to which it would otherwise be subject as a result of the actions of an investigator appointed under subsection (4). 12 The Act is amended by adding the following sections: Minister’s order, etc. 23.2

(1) If, after reviewing the report of an investigator made under subsection 23.1 (7), the Minister believes that an authority has failed, or is likely to fail, to comply with a provision of this Act or the regulations or of any other Act or regulation that applies to the authority, the Minister may, (

a) order the authority to do or refrain from doing anything to avoid, prevent or remedy the non -compliance; or (

b) if the Minister believes it is advisable to do so, recommend to the Lieutenant Governor in Council that an administrator be appointed to take over the control and operation of the authority under

section 23.3. Compliance with order

(2) An authority shall comply with an order made under clause (1) (

a) within the time specified in the order. Public availability

(3) The Minister shall make every order made under clause (1) (

a) available to the public in the manner the Minister considers appropriate. Appointment of administrator 23.3

(1) If the Minister makes a recommendation under clause 23.2 (1) (b), the Lieutenant Governor in Council may make an order appointing an administrator to take over the control and operations of the authority, including t he provision of programs and services that the authority provides. Powers of administrator

(2) The administrator may exercise all the powers and shall perform all the duties of the authority and of its members subject to such terms and conditions as may be specified in the appointment or by the Minister. Notice to authority

(3) The Minister shall ensure that a copy of an order under subsection (1) is delivered to the authority and to the participating municipalities as soon as is practical after it is made. Powers of Minister

(4) The Minister may issue directions to the administrator with regard to any matter within the jurisdiction of the administrator and the administrator shall carry out the directions.

21 Immunity for administrator

(5) No action or other proceeding shall be instituted against an administrator appointed under subsection (1) for any act done in good faith in the performance or intended performance of their duties under this Act or for any alleged neglect or default in the performance in good faith of their duties. Same

(6) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019 , subsection (5) does not relieve the Crown of any liability to which it would otherwise be subject as a result of the actions of an administrator appointed under subsection (1). 13

Section 27.1 of the Act is amended by striking out “Mining and Lands Commissioner” wherever it appears and substituting in each case “Local Planning Appeal Tribunal”. 14

Section 27.2 of the Act is amended by striking out “Mining and Lands Commissioner” wherever it appears and substituting in each case “Local Planning Appeal Tribunal”. 15

(1) The Act is amended by adding the following section: Permission for development, zoning order 28.0.1

(1) This

section applies to any application submitted to an authority under a regulation made under subsection 28 (1) for permission to carry out all or part of a development project in the authority’s area of jurisdiction if, (

a) a zoning order has been made by the Mini ster of Municipal Affairs and Housing under

section 47 of the Planning Act authorizing the development project under that Act; (

b) the lands in the authority’s area of jurisdiction on which the development project is to be carried out are not located in the Greenbelt Area designated under

section 2 of the Greenbelt Act, 2005; and (

c) such other requirements as may be prescribed are satisfied. Definition

(2) In this section, “development project” means a development project that includes any development as defined in subsection 28 (25) or any other act or activity that would be prohibited under this Act and the regulations unless permission to carry out the activity is granted by the affected authority. Permission to be granted

(3) Subject to the regulations made under subsection (35), an authority that receives an application for permission to carry out all or part of a development project in the authority’s area of jurisdiction shall grant the permission if all of the requirements in clauses (1) (a), (

b) and (

c) are satisfied. Same

(4) For greater certainty, an authority shall not refuse to grant permission for a development project under subsection (3) despite, (

a) anything in

section 28 or in a regulation made under

section 28; and (

b) anything in subsection 3 (5) of the Planning Act. Conditions prescribed by regulations

(5) A permission granted under this

section is subject to such conditions as may be prescribed. Conditions specified by authority

(6) Subject to subsection (7), an authority may attach conditions to the permission, including conditions to mitigate, (

a) any effects the development project is likely to have on the control of flooding, erosion, dynamic be aches or pollution or the conservation of land; (

b) any conditions or circumstances created by the development project that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of prope rty; or (

c) any other matters that may be prescribed by regulation. Hearing

(7) An authority shall not attach conditions to a permission unless the applicant for the permission has been given an opportunity to be heard by the authority.

22 Reasons for conditions

(8) If, after holding a hearing, an authority grants the permission subject to conditions, the authority shall give the holder of the permission written reasons for deciding to attach the conditions. Request for Minister’s review

(9) The holder of a permission who objects to the conditions proposed in the reasons given under subsection (8) may, within 15 days of the reasons being given, submit a request to the Minister for the Minister to review the proposed conditions, subject to the regulations. Minister’s review

(10) Within 30 days after receiving a request under subsection (9), the Minister shall reply to the request and indicate in writing to the holder of the permission and the authority whether or not the Minister intends to conduct a review of the authority’s decision. Failure on the part of the Minister to reply to a request within the 30-day period is deemed to be an indication that the Minister does not intend to review the authority’s decision. Same

(11) If a reply given under subsection (10) indicates that the Minister inten

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 229 b229ra e.pdf
Type	bill
Volume / chapter	p42 s1 bill 229 b229ra e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	bb0697cf977c6e96b985491fba156b2a9988ce7b

Source file is stored in the law ingest library (json).