Burden Reduction Act, 2017 Duguid, Hon. Brad Minister of Economic Development and Growth — Bill 27 (41st Parliament, 2nd Session)

Bill 27, 41-2

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Bill 27, Burden Reduction Act, 2017

Duguid, Hon. Brad Minister of Economic Development and Growth

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Status

Debates

Acts affected

Original

As Amended by Standing Committee

Royal Assent

[41] Bill 27 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader's aid to

Bill 27 and does not form part of the law. Bill 27 has been enacted as

Chapter

2 of the Statutes of Ontario, 2017.

The

Bill is part of a government initiative to reduce the regulatory burden on

business and to achieve a cost savings for government.

The

Bill amends or repeals a number of Acts and enacts a number of new Acts. For

convenience, the amendments, repeals and new Acts are set out in separate

Schedules. Schedules with the name of Ministries include amendments to and

repeals of Acts that are administered by the Ministry involved or that affect

that Ministry. The commencement provisions for each of the Schedules are set

out in the Schedules.

SCHEDULE

Ministry of Agriculture, Food and Rural Affairs

The

Schedule adds a new

section 6.2 to the Ministry of

Agriculture, Food and Rural Affairs Act to enable the Minister to

establish programs for the encouragement of agriculture, food and rural

affairs.

Section 7 of the Act, which currently gives the power to establish

such program to the Lieutenant Governor in Council, continues in effect. Any

such programs that were established by the Lieutenant Governor in Council

before the day the

Schedule comes into force are deemed to have been made by

the Minister under

section 6.2. The

Schedule also adds a new

section 6.1 to the

Act which provides that the Minister may enter into agreements in respect of

any matter that is under his or her administration under any Act.

SCHEDULE

Ministry of The Attorney General

Courts of Justice Act

The

Schedule makes various amendments to the Courts of Justice

Act .

Section

43 of the Act is amended by adding a provision providing for protection from

liability for the Judicial Appointments Advisory Committee and its members.

Existing immunity provisions in subsections 33.1 (21), 49 (27) and 86.2 (19) of

the Act are amended so that the wording of the various immunity provisions is

consistent.

Section

48 of the Act is amended to provide that letters of resignation from provincial

judges, or letters of election to sit as a provincial judge from judges holding

administrative positions, are to be delivered, in the usual case, to the Chief

Justice of the Ontario Court of Justice rather than to the Attorney General.

The re-enacted subsection 86.1 (7) provides that letters of resignation from

case management masters continue to be deliverable to the Attorney General.

Subsections

70 (2) and (3) of the Act are repealed and replaced by

section 70.1, which

transfers the rule-making authority for proceedings under the Provincial Offences Act to the Attorney General, subject

to prior specified court approval.

Amendments

are made to

section 73 of the Act to specify that the assignment of powers and

duties of specified persons in proceedings must be in writing and may be

subject to conditions or restrictions, and to confirm that such powers and

duties may be assigned to persons whether or not they are public servants.

new

section 87.2 of the Act establishes the judicial position of Small Claims

Court Administrative Judge, and sets out the rules respecting her or his

appointment and reappointment, terms, remuneration and other relevant matters.

Complementary amendments are made to sections 14, 21, 24, 33, 53 and 65 to

provide for the following, among other things:

1. The

Small Claims Court Administrative Judge may hear and determine proceedings in

the Small Claims Court.

2. The

Chief Justice of the Superior Court of Justice may delegate to the Small Claims

Court Administrative Judge her or his powers to direct and supervise the

sittings of the Small Claims Court and the assignment of its judicial duties.

3. The

Small Claims Court Administrative Judge may be appointed as a member of the

Deputy Judges Council.

4. The

Small Claims Court Administrative Judge is a member of the Civil Rules

Committee.

Finally,

a number of spent transitional provisions are repealed, and a cross-reference

is updated in clause 102 (8) (

c) of the Act.

Justices of the Peace Act

Section

2.1 of the Justices of the Peace Act is amended by

adding a provision providing for protection from liability for the Justices of

the Peace Appointments Advisory Committee and its members.

Subsection

5.1 (1) of the Act is amended to require the Attorney General to change the

status of a justice of the peace to per diem status on the request of the

justice of the peace, if specified conditions are met.

Section

7 of the Act is amended to provide that letters of resignation are to be sent

by justices of the peace to the Chief Justice of the Ontario Court of Justice

rather than to the Attorney General.

Finally,

a number of spent transitional provisions are repealed.

Legislation Act, 2006

The

definition of "rules of court" in

section 87 of the Legislation

Act, 2006 is amended consequentially to reflect the change in

rule-making authority made by this

Schedule to

section 70 of the Courts of Justice Act .

Professional Engineers Act

Two

housekeeping amendments are made to the Professional

Engineers Act . Paragraph 16 of subsection 7 (1) of the Act is re-enacted

to reflect earlier, related amendments to

section 21 of the Act. And, in clause

28 (4) (

h) of the Act the reference to the Treasurer of Ontario is updated.

Provincial Offences Act

new

section 70.1 is added to the Provincial Offences Act .

This

section requires defendants to pay certain collection costs incurred by a

municipality when it collects on a fine in default. These collection costs are

deemed to be part of the fine in default.

Open for Business Act, 2010

Subsection

5 (17) of

Schedule 2 to the Open for Business Act, 2010 ,

which would if it came into force repeal clause 12 (3) (

a) of the Professional Engineers Act , is itself repealed. Clause 12

(3) (

a) of the Professional Engineers Act provides

that acts that are within the practice of professional engineering in relation

to machinery or equipment, other than equipment of a structural nature, for use

in the facilities of a person's employer in the production of products by the

person's employer, do not require a licence, temporary licence, provisional

licence, limited licence or certificate of authorization except in certain

circumstances.

SCHEDULE

Bulk Sales Act Repeal

The

Schedule repeals the Bulk Sales Act and makes

consequential amendments to other Acts.

SCHEDULE

International Choice of Court Agreements Convention Act, 2017

The

Schedule implements the Hague Convention of 30 June 2005 on Choice of Court

Agreements.

SCHEDULE

International Commercial Arbitration Act, 2017

The

Schedule repeals and replaces the International Commercial

Arbitration Act . The replacement Act provides for the application in

Ontario of the Convention on the Recognition and Enforcement of Foreign

Arbitral Awards adopted by the United Nations Conference on International

Commercial Arbitration in New York on 10 June 1958, and of the Model Law on

International Commercial Arbitration adopted by the United Nations Commission

on International Trade Law on 21 June 1985, as amended by the United Nations

Commission on International Trade Law on 7 July 2006.

addition, the Arbitration Act, 1991 and the Limitations Act, 2002 are amended to align limitation

periods applicable to the commencement of proceedings to enforce awards made

under the Arbitration Act, 1991 and awards to which

the International Commercial Arbitration Act, 2017

applies, and to provide that those limitation periods apply instead of the

limitation periods established under the Limitations Act,

2002 .

SCHEDULE

International Electronic Communications Convention Act, 2017

The

Schedule implements the United Nations Convention on the Use of Electronic

Communications in International Contracts.

SCHEDULE

International Recognition of Trusts Act, 2017

The

Schedule implements the Convention on the Law Applicable to Trusts and on their

Recognition.

SCHEDULE

International Sale of Goods Act Amendments

The

Schedule amends the International Sale of Goods Act

to provide for the implementation in Ontario of the Convention on the Limitation

Period in the International Sale of Goods and of the Convention on the

Limitation Period in the International Sale of Goods as amended by the Protocol

amending the Convention on the Limitation Period in the International Sale of

Goods. In consequence, the title of the Act is changed to the International Sales Conventions Act .

The

Schedule makes a consequential amendment to the Limitations

Act, 2002 , to provide that it does not apply to proceedings to which one

of the Conventions on limitation periods applies.

SCHEDULE

Ministry of Citizenship and Immigration

The

Schedule amends the Fair Access to Regulated Professions

and Compulsory Trades Act, 2006 and makes complementary amendments to

other Acts. Employees of the Office of the Fairness Commissioner are appointed

under

Part III of the Public Service of Ontario Act, 2006 .

SCHEDULE

Ministry of Energy

Electricity Act, 1998

The

Schedule amends the Electricity Act, 1998 to

provide market participants with a more flexible appeals process that allows

the Ontario Energy Board up to 120 days to make a final decision in an appeal

from an amendment of the market rules.

Ontario Energy Board Act, 1998

The

Schedule makes several amendments to the Ontario Energy

Board Act, 1998 . Among the amendments:

1. It

is provided that the Ontario Energy Board ("the Board") may exercise its powers

with respect to a regulated utility even where a liquidator or similar official

has been appointed with respect to the regulated utility.

2. The

specific timing periods for the Board's orders respecting the reflection in

rates of deferral and variance accounts are removed.

3. The

Board is given the power to publish audit and compliance results of an

inspection, subject to a determination of confidentiality.

4. The

Board is given increased discretion when reviewing acquisitions involving

generators owning transmission or distribution assets or transmitters or distributors

owning generation assets and also given the power to exempt certain minor

transactions from review.

SCHEDULE

Ministry of the Environment and Climate Change

Environmental Protection Act

The

Schedule amends the Environmental Protection Act to

allow for prescribed instruments to cease to apply in respect of an activity at

a site where a registration is in effect in respect of the activity under

Part

II.2 of the Act.

Other

Acts

The

Schedule amends each of the following Acts to include provisions relating to

requirements that persons respond to reasonable inquiries for the purposes of

determining compliance with the Act: the Clean Water Act,

2006 , the Nutrient Management Act, 2002 , the

Ontario Water Resources Act, the Pesticides Act ,

the Safe Drinking Water Act, 2002 and the Toxics Reduction Act, 2009 .

The

Schedule makes other minor amendments, including technical amendments, to various

Acts.

SCHEDULE

Ministry of Government and Consumer Services

Business Corporations

Act

Currently,

with certain exceptions, a meeting of the board of directors of a corporation

must be held at its registered office. An amendment provides that unless the

articles or by-laws of a corporation provide otherwise, a meeting of the board

of directors may be held at any place. The

Schedule also makes certain

technical amendments.

Business Regulation Reform Act, 1994

The

Schedule amends the Act in respect o

Document details

Collection	Ontario — Bills
Citation	Bill 27, 41-2
Type	bill
Volume / chapter	p41 s2 bill 27 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c321de24d47978a24aa484f6ae43319a8feba975

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