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Bill 216, Building Ontario For You Act (Budget Measures), 2024

Bethlenfalvy, Hon. Peter Minister of Finance

Royal Assent received. Statutes of Ontario 2024,

chapter 20

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Bill 216 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 216 and does not form part of the law.

Bill 216 has been enacted as

Chapter 20 of the Statutes of Ontario, 2024.

SCHEDULE 1

ASSESSMENT ACT

Paragraph

4.0.1 of subsection 3 (1) of the Assessment Act sets out the

conditions that must be satisfied for land leased and occupied solely by a

university to be exempt from taxation under the Act. These include a condition

that land must form part of the main campus of the university. This paragraph

is amended to allow for land used to provide residential accommodation for

students of the university to be exempt from taxation, even if the land does

not form part of the main campus of the university.

SCHEDULE 2

CANADIAN PUBLIC ACCOUNTABILITY BOARD ACT (ONTARIO), 2006

Currently,

subsection 11 (2) of the Canadian Public Accountability Board Act

(Ontario), 2006

places restrictions on the disclosure of documents and other information

prepared for or received by the Canadian Public Accountability Board in the

exercise of its mandate and in connection with, among other things, an

inspection carried out under the Board’s oversight program. The

Schedule

creates an exemption to this restriction by enabling the Board, subject to

restrictions on the disclosure of specific types of information, to disclose

findings from an inspection to the concerned reporting issuer and participating

audit firm and to disclose to the public information from the final version of

a report setting out the results of an inspection.

SCHEDULE 3

CITY OF TORONTO ACT, 2006

The

Schedule amends the City of Toronto Act, 2006 by adding a new

section 302.4, which authorizes the disclosure of specified tax information by

the Minister of Finance or a person authorized by the Minister of Finance to

the City and by the City to the Minister of Finance.

SCHEDULE 4

CONSTRUCTION ACT

The

Schedule makes various amendments to the Construction Act .

subsection 1 (1), the definition of “price” is amended to permit regulations to

specify a price for a contract or subcontract other than actual market value of

supplied services or materials, where the parties don’t agree to a different

price. As well, the definition of “written notice of a lien” is amended to

include a copy of a claim for lien registered under clause 34 (1) (

a) or given

under clause 34 (1) (b).

Section

6.1 is amended by making changes to the criteria that must be met in order for

an invoice to be considered a proper invoice for the purposes of

Part I.1

(prompt payment). As well, the

section is amended to provide that an invoice

that does not meet those requirements will be deemed to be a proper invoice

unless the owner notifies the contractor in writing of the deficiency and of

what is required to address it, within the specified time.

number of amendments are made to

Part II.1 (construction dispute interim

adjudication), including the following:

1. The

Part is amended to permit adjudication to be conducted by a private

adjudicator, instead of by an adjudicator included in the Authorized Nominating

Authority’s adjudicator registry. Fees payable to a private adjudicator are

agreed to by the adjudicator and the parties to the adjudication. Fees payable

for the appointment of a private adjudicator are to be governed by regulations

made under the Act.

Section

13.5 is amended to provide that the list of matters that may be adjudicated are

to be specified by the regulations, not in the Act. As well, the regulations

may provide for adjudication between parties to different contracts or

subcontracts respecting the same improvement.

3. Subsection

13.8 (2) currently provides that a contractor may, in the specified

circumstances, require the consolidation of multiple related adjudications. The

subsection is re-enacted to provide that the consolidation may be required by

any party to any of the adjudications.

4. A

new

section 13.12.1 provides for the making of objections to an adjudicator’s

jurisdiction to conduct an adjudication, or on the basis that an adjudicator

has exceeded their jurisdiction in the conduct of an adjudication.

5. A

new

section 13.17.1 provides for the making of corrections to an adjudicator’s

determination after it has been communicated to the parties to the

adjudication.

Sections

26 to 26.2, respecting the payment of holdback required to be retained under

subsection 22 (1) (basic holdback), are repealed and replaced by new holdback

payment rules. The re-enacted

section 26 requires annual payment of the

holdback in accordance with rules and restrictions specified by the section.

The

section also addresses the payment of holdback that isn’t paid or payable

on an annual basis.

Section 31, respecting the expiry of liens, is consequently

amended to address the new annual holdback payment requirement.

Section 27.1,

permitting non-payment of holdback in specified circumstances, is repealed and

not replaced.

new

section 87.4 deals with transition, and addresses the application of the

amendments made by the

Schedule to improvements. Subsection 88 (2) is also

amended to permit the making of regulations respecting related transitional

matters.

Various

other amendments are made to the Act, including amendments to subsection 88

(1), respecting the scope of regulation-making authority under the Act.

SCHEDULE 5

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020

The

Credit

Unions and Caisses Populaires Act, 2020 is amended. Here are some highlights:

Parts

IV and VII of the Act are amended to provide that a disclosure of information

to the Chief Executive Officer made under either of those Parts does not

constitute a waiver of solicitor-client privilege.

New

section 129.1 requires a credit union to notify the Chief Executive Officer

when an auditor resigns, is replaced or is removed from office.

Part

X of the Act is amended to give the Chief Executive Officer additional

examination powers and the power to issue summonses in certain circumstances.

New

section 234.1 gives the Chief Executive Officer the power to make resolution

orders in respect of credit unions that are subject to administration by the

Chief Executive Officer. These orders may stay early termination under a

contract, prevent the termination of a credit union’s membership in an

organization, stay proceedings and prevent the payment of certain amounts to

the credit union’s directors and other executives.

SCHEDULE 6

EMPLOYER HEALTH TAX ACT

The

Schedule amends the Employer Health Tax Act to do the following:

1. Modify

the manner by which the exemption amount for associated eligible employers is

determined for a year beginning after December 31, 2024.

2. Remove

the exemption that currently allows employers who paid or will pay the total

Ontario remuneration for a year during one month in the year not to pay

instalments on account of tax payable for the year.

3. Provide

that the deadline for delivering an annual return for a year is March 15 of the

following year (as opposed to the current rule of a prescribed date applicable

to the taxpayer).

4. Establish

a mechanism to allow taxpayers to request that the Minister assess the tax

payable in respect of a year and to allow the Minister to refund any amount

that the Minister determines to be an overpayment of tax.

SCHEDULE 7

FUEL TAX ACT

Clause

2 (1.1) (

a) of the Fuel Tax Act currently provides for

a reduction of the tax payable by purchasers of clear fuel if the tax is

payable during the period beginning on July 1, 2022 and ending on December 31,

2024. The clause is amended to provide that the period ends on June 30, 2025.

SCHEDULE 8

GASOLINE TAX ACT

Clause

2 (1.1) (

a) of the Gasoline Tax Act currently provides for

a reduction of the tax payable by purchasers of gasoline if the tax is payable

during the period beginning on July 1, 2022 and ending on December 31, 2024.

The clause is amended to provide that the period ends on June 30, 2025.

SCHEDULE 9

IGAMING ONTARIO ACT, 2024

iGaming

Ontario is a subsidiary of the Alcohol and Gaming Commission of Ontario under

Ontario Regulation 722/21 (Lottery Subsidiary – iGaming Ontario) made under the

Alcohol

and Gaming Commission of Ontario Act, 2019 . The

Schedule revokes the Regulation

and enacts the iGaming Ontario Act, 2024 , which continues

iGaming Ontario as a corporation without share capital that is not a subsidiary

of the Commission. The Alcohol and Gaming Commission of Ontario Act,

and the Gaming Control Act, 1992 are amended to remove

references to a lottery subsidiary.

The

Alcohol

and Gaming Commission of Ontario Act, 2019 is also amended to re-enact provisions

relating to personal immunity from civil liability and to the Commission’s

powers respecting the hiring of employees and officers, and to make other

amendments.

Section 48 of the Cannabis Licence Act,

2018 ,

respecting personal immunity, is consequentially repealed.

SCHEDULE 10

INSURANCE ACT

The

Schedule amends the Insurance Act . Here are some

highlights:

New

Part XIV.1 of the Act establishes licensing requirements for managing general

agents licensed for classes of life insurance and accident and sickness

insurance. Related amendments are made to the Act and provision is also made

for rules to be made by the Authority.

The

Act is amended to provide that regulations may be made governing excess

insurance in the context of statutory accident benefits.

The

Schedule also includes various amendments to the Act relating to the delivery

of certain notices by insurers.

Technical

amendments are made to the French version of the Act.

SCHEDULE 11

INTERIM APPROPRIATION FOR 2025-2026 ACT, 2024

The

Schedule enacts the Interim Appropriation for 2025-2026 Act, 2024 , which authorizes

expenditures pending the voting of supply for the fiscal year ending on March

31, 2026 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, 2026.

SCHEDULE 12

MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT

The

Schedule adds a provision to the Ministry of Training,

Colleges and Universities Act providing that, when admitting students into a

medical health education program, publicly-assisted universities must ensure

that at least 95 per cent of students admitted are ordinarily resident in

Ontario and the remainder of the students admitted must be a Canadian citizen,

a permanent resident, a protected person or a prescribed person or belong to a

class of prescribed persons. Two exceptions to this rule are set out; namely if

a different percentage has been prescribed in the regulations or if there is an

insufficient number of qualified applicants who are ordinarily resident in

Ontario.

SCHEDULE 13

MUNICIPAL ACT, 2001

The

Schedule amends the Municipal Act, 2001 by adding a new

section 338.4.1, which authorizes the disclosure of specified tax information

by the Minister of Finance or a person authorized by the Minister of Finance to

municipalities and by municipalities to the Minister of Finance.

SCHEDULE 14

ONTARIO LOTTERY AND GAMING CORPORATION ACT, 1999

The

Schedule makes various amendments to the Ontario Lottery and

Gaming Corporation Act, 1999 in relation to certain approvals contemplated

by the Act.

SCHEDULE 15

SUPPLEMENTARY INTERIM APPROPRIATION FOR 2024-2025 ACT, 2024

The

Schedule enacts the Supplementary Interim Appropriation for

2024-2025 Act, 2024 , which authorizes expenditures pending the voting of

supply for the fiscal year ending on March 31, 2025 up to specified maximum

amounts. The expenditures authorized are in addition to those authorized under

the Interim

Appropriation for 2024-2025 Act, 2023 . All expenditures made or recognized under the

Interim

Appropriation for 2024-2025 Act, 2023 and this Act must be charged to the proper

appropriation following the voting of supply for the fiscal year ending on

March 31, 2025.

SCHEDULE 16

TAXATION ACT, 2007

The

Schedule makes the following amendments to the Taxation Act, 2007 :

1. Amendments

are made to the calculation of an individual’s carryforward amount in respect

of minimum tax for taxation years ending after December 31, 2024 and to an

individual’s minimum tax, for taxation years ending after December 31, 2023.

(See new subsections 15 (4) and 19.2 (3.1) of the Act.)

2. Amendments

are made to the determination of an individual’s gross tax amount for a

taxation year, which is used to determine the individual’s Ontario surtax. The

amendment is made retroactive to April 19, 2016. (See subsection 16 (2) of the

Act.)

3. A

new

Part is added to the Act that would provide for a taxpayer rebate of $200

to an individual who satisfies certain conditions, including that the

individual was a resident of Ontario on or before December 31, 2023 and that

they filed their 2023 taxes before December 31, 2024. Eligible individuals may

also be entitled to a child rebate in respect of qualified dependants or

children. (See new

Part IV.0.0.1 of the Act.)

4. Amendments

are made with respect to the application of the Income Tax Act (Canada) to the

Ontario child benefit for deaths of qualified dependants that occur after 2024.

(See new subsection 104 (2.1) of the Act.)

5. A

number of amendments are made to the general anti-avoidance rule (GAAR) as well

as introducing a new penalty applicable to transactions subject to the GAAR.

These amendments, and their effective dates, parallel amendments that have been

made to the general anti-avoidance rule in the Income Tax Act (Canada). (See

section

110 of the Act.)

6. Amendments

are made with respect to the application of the Income Tax Act (Canada) to disclosure

requirements. These amendments are effective for transactions that occur on or

after June 22, 2023 for “notifiable transactions”, and for taxation years

ending after June 22, 2023 for “uncertain tax treatments”. (See new sections 110.2

and 110.3 of the Act.)

7. An

amendment is made to provide that a taxpayer has a right to appeal a penalty

applicable to transactions subject to the GAAR. (See subsection 125 (2) of the

Act.)

Bill 216 2024

Act to implement Budget measures and to enact and amend various statutes

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Assessment

Act

Schedule 2

Canadian

Public Accountability Board Act (Ontario), 2006

Schedule 3

City

of Toronto Act, 2006

Schedule 4

Construction

Act

Schedule 5

Credit

Unions and Caisses Populaires Act, 2020

Schedule 6

Employer

Health Tax Act

Schedule 7

Fuel

Tax Act

Schedule 8

Gasoline

Tax Act

Schedule 9

iGaming

Ontario Act, 2024

Schedule 10

Insurance

Act

Schedule 11

Interim

Appropriation for 2025-2026 Act, 2024

Schedule 12

Ministry

of Training, Colleges and Universities Act

Schedule 13

Municipal

Act, 2001

Schedule 14

Ontario

Lottery and Gaming Corporation Act, 1999

Schedule 15

Supplementary

Interim Appropriation for 2024-2025 Act, 2024

Schedule 16

Taxation

Act, 2007

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this

section, 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 Building Ontario For You Act (Budget Measures),

2024 .

SCHEDULE 1

ASSESSMENT ACT

Subparagraphs 4.0.1 i to iii of subsection 3 (1) of the Assessment

Act are repealed and the following substituted:

i. the

university is a not-for-profit corporation without share capital,

ii. the

land is used,

A. to

provide residential accommodation for students of the university, or

B. for

administrative, educational or research purposes or such other purposes as may

be prescribed by the Minister,

iii. in

the case of land used for a purpose mentioned in sub-subparagraph ii B, the

land forms part of the main campus of the university, and

Commencement

This

Schedule comes into force on the later of January 1, 2025 and the day the Building Ontario For You Act (Budget Measures), 2024 receives

Royal Assent.

SCHEDULE 2

CANADIAN PUBLIC ACCOUNTABILITY BOARD ACT (ONTARIO), 2006

(1) Subsection 11 (2) of the Canadian Public

Accountability Board Act (Ontario), 2006 is amended by striking out “and

may not be disclosed” in the portion before clause (

a) and substituting “and,

except as permitted by subsection (2.1), may not be disclosed”.

(2) Section

11 of the Act is amended by adding the following subsections:

Exception

(2.1) If

the Board conducts an inspection of a participating audit firm, the Board or

any of its employees or agents may, as permitted by the Board’s rules,

(

a) disclose

any findings from the inspection that relate to an audit of a reporting issuer

to the reporting issuer and the participating audit firm; and

(

b) disclose

to the public any information from the final version of any report setting out

the results of the inspection.

Limits

on disclosure

(2.2) Before

disclosing any information from a report to the public under clause (2.1) (b),

the Board or its employees or agents shall remove from the report,

(

a) any

privileged information or information based on privileged information or

documents; and

(

b) any

specific information relating to the business, affairs or financial condition

of a participating audit firm or of the client of any participating audit firm

that was collected by the Board under subsection (1), except to the extent that

the disclosure of the information is authorized in writing by all persons and

companies whose interests might reasonably be affected by the disclosure.

Commencement

This

Schedule comes into force on the day the Building

Ontario For You Act (Budget Measures), 2024 receives Royal Assent.

SCHEDULE 3

CITY OF TORONTO ACT, 2006

The City of Toronto Act, 2006 is amended by adding

the following section:

Sharing

of tax information

302.4

(1) In this

section,

“land

transfer tax information” means information obtained by the Minister of Finance

in the administration or enforcement of the Land Transfer

Tax Act ; (“renseignements sur les droits de cession immobilière”)

“personal

information” has the same meaning as in the Freedom of

Information and Protection of Privacy Act ; (“renseignements personnels”)

“vacant

units tax information” means information obtained by the City in the

administration or enforcement of a by-law mentioned in subsection 302.1 (1). (“renseignements

sur l’impôt sur les logements vacants”)

Disclosure

(2) The

Minister of Finance, or a person authorized by the Minister of Finance, may

disclose to the City land transfer tax information that relates to conveyances

of land in the City, and the City may disclose vacant units tax information to

the Minister of Finance, if the information to be disclosed is for use by the

Minister of Finance or the City, as the case may be, for any of the following

purposes:

1. The

administration or enforcement of a tax.

2. The

development or evaluation of economic, fiscal or tax policy.

Personal

information

(3) The

Minister of Finance, a person authorized by the Minister of Finance or the City

may collect and disclose personal information under subsection (2).

Limits

on collection

(4) The

Minister of Finance, a person authorized by the Minister of Finance or the City

shall not collect more personal information under this

section than is

reasonably necessary to serve the purpose of the collection.

Notice

(5) The

notice required by subsection 39 (2) of the Freedom of

Information and Protection of Privacy Act or subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act

may be given by a public notice posted on,

(

a) if

personal information is being collected by the Minister of Finance, a website

of the Government of Ontario; or

(

b) if

personal information is being collected by the City, a website of the City.

Commencement

This

Schedule comes into force on the day the Building

Ontario For You Act (Budget Measures), 2024 receives Royal Assent.

SCHEDULE 4

CONSTRUCTION ACT

(1) Subclause (a) (ii) of the definition of “price” in subsection 1

(1) of the Construction Act is amended by adding

“except as otherwise provided by the regulations” after “under the contract or

subcontract”.

(2) The

definition of “written notice of a lien” in subsection 1 (1) of the Act is

repealed and the following substituted:

“written

notice of a lien” means,

(

a) a

written notice of a lien in the prescribed form, given by a person having a

lien, or

(

b) a

copy of a claim for lien registered under clause 34 (1) (

a) or given under

clause 34 (1) (b). (“ avis écrit d’un privilège ”)

(3) Section

1 of the Act is amended by adding the following subsection:

Multiple

improvements under a contract

(5) For

the purposes of this Act, if more than one improvement is to be made under a

contract and each of the improvements is to lands that are not contiguous,

then, if the contract so provides, each improvement is deemed to be under a

separate contract.

Paragraph 2 of subsection 1.1 (2.2) of the Act is amended by striking out “is

listed as an adjudicator in the registry established under clause 13.3 (1) (c),

request that the representative conduct the adjudication, in which case

subsections 13.9 (2) and (3) do not apply” at the end and substituting “is an

adjudicator under

Part II.1, request that the representative conduct the

adjudication, in which case subsections 13.9 (2), (2.1) and (3) do not apply”.

Subsection 2 (4) of the Act is repealed.

following substituted:

(

b) the

placement of an owner’s name in the wrong portion of a claim for lien.

(1) Paragraphs 2, 3 and 6 of the definition of “proper invoice” in

section 6.1 of the Act are repealed and the following substituted:

2. The

date of the invoice and the period, milestone or other contractual payment

entitlement to which the invoice relates.

3. Information

identifying the contract or other authorization under which the services or

materials were supplied, such as a contract number, contract line item number

or purchase order number.

. . . .

6. The

name, title, mailing address and telephone number of the person to whom payment

is to be sent or, if payment is to be sent to an office or department, its

name, mailing address and telephone number.

6.1 Any

other information that is necessary for the proper functioning of the owner’s

accounts payable system that the owner reasonably requests.

(2) Section

6.1 of the Act is amended by adding the following subsection:

Deemed

to be a proper invoice

(2) An

invoice that does not meet the requirements referred to in the definition of

“proper invoice” in subsection (1) is deemed to be a proper invoice for the

purposes of this Part unless, no later than seven days

after receiving the invoice, the owner notifies the contractor in writing of

the deficiency and of what is required to address it .

(1) Clause 6.3 (5) (

c) of the Act is repealed and the following

substituted:

(

c) the

proper invoice, as revised, would meet the requirements referred to in the

definition of “proper invoice” in subsection 6.1 (1).

(2) Section

6.3 of the Act is amended by adding the following subsection:

Deeming

(6) For

the purposes of clause (5) (c), subsection 6.1 (2) applies with necessary

modifications with respect to a revised invoice.

Subsection 7 (1) of the Act is amended by adding “and any amount that is

required to be retained by the owner as a holdback” after “and the payment of

prior encumbrances”.

Subsection 8 (1) of the Act is amended by adding “including any holdback amount

that is owed to or received by the contractor or subcontractor” after “on

account of the contract or subcontract price of an improvement” in the portion

after clause (b).

Section 10 of the Act is amended by adding the following subsection:

Same

(2) For

greater certainty, subsection (1) applies with respect to the payment of

holdback in accordance with

section 26 or 27.

(1) The definition of “adjudication” in

section 13.1 of the Act is

amended by striking out “with respect to a matter referred to in

section 13.5”

at the end.

(2) The

definition of “adjudicator” in

section 13.1 of the Act is repealed and the

following substituted:

“adjudicator”

means a registry adjudicator or a private adjudicator; (“ arbitre

intérimaire ”)

(3) Section

13.1 of the Act is amended by adding the following

definitions:

“private

adjudicator” means a person who is qualified by the Authority as a private

adjudicator; (“ arbitre intérimaire privé ”)

“registry

adjudicator” means a person who is qualified by the Authority as a registry

adjudicator. (“ arbitre intérimaire du registre ”)

(1) Clauses 13.3 (1) (

a) to (

d) of the Act are repealed and the

following substituted:

(

a) develop

and oversee programs for the training of persons as registry adjudicators and

as private adjudicators;

(

b) qualify

persons who meet the prescribed requirements as registry adjudicators and as

private adjudicators;

(

c) establish

and maintain a publicly available registry of registry adjudicators;

(

d) appoint

registry adjudicators for the purposes of subsection 13.9 (5); and

(2) Clause

13.3. (2) (

a) of the Act is amended by striking out “for the appointment of

adjudicators” and substituting “for the appointment of registry adjudicators,

but not including for the appointment of private adjudicators”.

(1) Subsections 13.5 (1) to (3) of the Act are repealed and the

following substituted:

Availability

of adjudication

Contract

(1) Subject

to subsection (3), a party to a contract may refer a dispute with the other

party to the contract respecting any prescribed matter or any matter agreed to

by the parties to adjudication.

Subcontract

(2) Subject

to subsection (3.1), a party to a subcontract may refer a dispute with the

other party to the subcontract respecting any prescribed matter or any matter

agreed to by the parties to adjudication.

Expiry

of adjudication period, contract

(3) An

adjudication in respect of a contract may not be commenced if the notice of

adjudication is given more than 90 days after the date on which the contract is

completed, abandoned or terminated, unless the parties to the adjudication

agree otherwise.

Expiry

of adjudication period, subcontract

(3.1) An

adjudication in respect of a subcontract may not be commenced if the notice of

adjudication is given more than 90 days after the earliest of,

(

a) the

date referred to in subsection (3);

(

b) the

date on which the subcontract is certified to be completed under

section 33;

and

(

c) the

date on which the subcontractor last supplies services or materials to the

improvement.

Other

disputes

(3.2) If

the regulations so provide, a party to a contract or subcontract may, subject

to any conditions or restrictions that may be specified by the regulations,

refer a dispute with a party to another contract or subcontract for the same

improvement respecting any prescribed matter to adjudication, in accordance

with the regulations.

(2) Subsection

13.5 (4) of the Act is amended by striking out “matter” and substituting

“dispute”.

(3) Subsection

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

substituting in each case “dispute”.

(1) Subsection 13.7 (1) of the Act is amended by striking out “shall

give” in the portion before clause (

a) and substituting “shall, except as

provided by the regulations, give”.

(2) Subsection

13.7 (1) of the Act is amended by striking out “and” at the end of clause (c),

by adding “and” at the end of clause (

d) and by adding the following clause:

(

e) the

date, nature and substance of any previous adjudication in which the party was

involved in respect of the contract or subcontract, including a copy of any

determination made by the adjudicator.

Subsection 13.8 (2) of the Act is repealed and the following substituted:

May

be required

(2) If

the parties do not agree to a consolidated adjudication, any of the parties

may, with the agreement of the adjudicators of the separate adjudications and

in accordance with the regulations, nevertheless require the consolidation of

the adjudications.

(1) Subsection 13.9 (1) of the Act is amended by striking out

“listed in the registry established under clause 13.3 (1) (c)” at the end.

(2) Subsection

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

Registry

adjudicator

(2) The

parties to the adjudication may agree to a registry adjudicator or may request

that the Authority appoint one.

Private

adjudicator

(2.1) The

parties to the adjudication may agree to a private adjudicator if the

prescribed conditions are met.

(3) Subsection

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

Requirement

to request appointment

(4) If

a registry adjudicator to which the parties have agreed does not consent to

conduct the adjudication within four days after the notice of adjudication is

given, the party who gave the notice shall request that the Authority appoint a

registry adjudicator.

(4) Subsection

13.9 (5) of the Act is amended by striking out “an adjudicator” and

substituting “a registry adjudicator”.

(1) Subsection 13.10 (1) of the Act is repealed and the following

substituted:

Adjudicator

fee

(1) The

adjudicator shall be paid the fee determined under subsection (2) or (2.1), in

accordance with the regulations and any direction given by the Authority.

(2) Subsection

13.10 (2) of the Act is amended by striking out “adjudicator” wherever it

appears and substituting in each case “registry adjudicator”.

(3) Section

13.10 of the Act is amended by adding the following section:

Same

(2.1) The

fee payable to a private adjudicator is the fee agreed to by the adjudicator

and the parties to the adjudication.

Paragraph 6 of subsection 13.12 (1) of the Act is repealed and the following

substituted:

6. Making

determinations in the adjudication, which may include a determination as to

whether a matter may be the subject of an adjudication, whether the adjudicator

has jurisdiction to conduct the adjudication or whether the adjudicator has

exceeded their jurisdiction in the conduct of the adjudication.

The Act is amended by adding the following section:

Objection

on jurisdictional grounds

13.12.1

(1) A party

may object to the adjudicator’s jurisdiction to conduct the adjudication, or on

the basis that the adjudicator has exceeded their jurisdiction in the conduct

of the adjudication.

Timing

(2) An

objection shall be made,

(

a) in

the case of an objection as to whether a matter may be the subject of an

adjudication or to an adjudicator’s jurisdiction to conduct the adjudication,

when the party first makes submissions in the adjudication; and

(

b) in

the case of an objection that an adjudicator has exceeded their jurisdiction,

as soon as the matter allegedly beyond the adjudicator’s jurisdiction is raised

in the adjudication.

Extension

(3) The

adjudicator may extend the time for making an objection, if the adjudicator

considers the delay justified.

Section 13.14 of the Act is amended by striking out “the payment of the

adjudicator’s fee” at the end and substituting “the payment of any outstanding

adjudicator’s fee in accordance with the regulations made for the purposes of

subsection 13.10 (1)”.

Section 13.17 of the Act is amended by adding “or of the adjudication” after “in

respect of the improvement”.

The Act is amended by adding the following section:

Corrections

13.17.1

(1) No later

than five days after a determination has been communicated to the parties to

the adjudication, an adjudicator may, on their own initiative or at a party’s

written request,

(

a) correct

typographical errors, errors of calculation and similar errors in the

determination; or

(

b) amend

the determination to correct an injustice caused by an oversight on the

adjudicator’s part.

Hearing

not required

(2) An

adjudicator may make a determination under subsection (1) without holding a

hearing.

(1) Subsection 13.18 (2) of the Act is amended by striking out “30”

and substituting “35”.

(2) Paragraph

2 of subsection 13.18 (5) of the Act is repealed.

(3) Section

13.18 of the Act is amended by adding the following subsection:

Exception

(5.1) If

the ground alleged under subsection (5) for setting aside the determination

could have been raised as an objection under

section 13.12.1, the court may set

the determination aside on that ground only if it considers the applicant’s

failure to make the objection justified.

(1) Subsection 13.19 (2) of the Act is amended by striking out “10”

and substituting “15”.

(2) Subsection

13.19 (3) of the Act is amended by striking out “if the contract or

subcontract” and substituting “if a contract or subcontract between the

parties”.

(3) Subsection

13.19 (5) of the Act is amended by striking out “under a determination is not

paid by the party” and substituting “under a determination respecting a dispute

between the parties to a contract or subcontract is not paid by a party”.

Section 14 of the Act is amended by adding the following subsection:

Supply

of design, etc.

(4) If

an owner retains a holdback in respect of the supply of a design, plan, drawing

or specification for the making of a planned improvement that is not commenced,

subsection (1) is deemed to apply with respect to the supply of the design,

plan, drawing or specification, unless the owner proves that the value of the

owner’s interest in land has not been enhanced.

25 Subsection 22 (1) of the Act is amended by

adding “in respect of the supplied services or materials” after “that may be

claimed against the holdback”.

Sections 26 to 27.1 of the Act are repealed and the following substituted:

Payment

of basic holdback

(1) A

payer who is required by subsection 22 (1) to retain a holdback shall make

payment of the holdback in accordance with this section.

Mandatory

annual payment

(2) Following

each anniversary of the date on which the contract was entered into, the owner

shall,

(

a) give

notice in accordance with subsection (3); and

(

b) make

payment of accrued holdback under subsection 22 (1) in accordance with

subsection (4).

Notice

(3) Not

later than 14 days after the anniversary, the owner shall publish a notice of

annual release of holdback in the prescribed form specifying the amount of

holdback that the owner intends to pay under subsection (4) and the intended

payment date.

Payment

by owner

(4) Not

later than 14 days after the expiry of the lien period under subsection 31 (2),

the owner shall make payment to the contractor of all of the accrued holdback

in respect of services or materials supplied by the contractor during the year

immediately preceding the anniversary, unless a lien has been preserved or

perfected in respect of the contract, and,

(

a) if

the lien attaches to the premises,

(

i) the

lien has not been discharged under clause 41 (1) (a), and

(ii) an

order declaring that the lien has expired, discharging the lien or vacating the

registration of the claim for lien or the certificate of action has not been

registered under

section 49; or

(

b) if

the lien does not attach to the premises,

(

i) the

lien has not been satisfied,

(ii) the

lien has not been discharged under clause 41 (1) (b), and

(iii) an

order declaring that the lien has expired or vacating the lien has not been

made.

Payment

by contractor

(5) Not

later than 14 days after receiving payment of a holdback under subsection (4),

the contractor shall make payment to a subcontractor of all of the accrued

holdback in respect of the services or materials supplied by the subcontractor

during the year described in that subsection, unless a lien has been preserved

or perfected in respect of the subcontract and the circumstances set out in

clause (4) (

a) or (

b) apply in respect of the lien.

Payment

by subcontractor

(6) Subsection

(5) applies, with necessary modifications, with respect to a holdback retained

by a subcontractor in respect of a subcontract with another subcontractor.

Payment

once circumstances cease to apply

(7) A

payer shall make payment of a holdback that was not payable under subsection

(4), (5) or (6) not later than 14 days after the circumstances preventing

payment cease to apply.

Payment

of holdback not otherwise paid

(8) A

payer shall make payment of all holdback that is not paid or payable under

subsections (4) to (7) after all liens that may be claimed against the holdback

required to be retained under subsection 22 (1) have expired or been satisfied,

discharged or otherwise provided for under this Act, in accordance with the

following rules:

1. The

owner shall make payment of the holdback to the contractor not later than 14

days after the liens have expired or been satisfied, discharged or otherwise

provided for under this Act.

2. The

contractor shall make payment of a holdback to a subcontractor not later than

14 days after receiving payment of a holdback from the owner.

3. A

subcontractor shall make payment of a holdback to a subcontractor not later

than 14 days after receiving payment of a holdback from the contractor or from

another subcontractor, as the case may be.

Effect

on holdback requirement

(9) A

payment made in accordance with this

section reduces the amount required to be

retained by the payer under subsection 22 (1) to the extent of the amount paid.

Payment

of holdback for finishing work

payer who is required by subsection 22 (2) to retain a holdback shall make

payment of the holdback so as to discharge all claims in respect of that

holdback, once all liens that may be claimed against that holdback have expired

or been satisfied, discharged or otherwise provided for under this Act.

Subsections 31 (2) to (7) of the Act are repealed and the following

substituted:

Expiry

in relation to notice of annual release of holdback

(2) A

lien arising from the supply of services or materials to an improvement that

are included in a notice of annual release of holdback published in accordance

with

section 26 expires on the 60 th day after the date the notice is

published.

Other expiry, contractor’s lien

(3) If

the lien of a contractor does not expire under subsection (2), the lien expires

on the 60 th day after the following date, subject to subsection (6):

1. For

services or materials supplied to an improvement on or before the date

certified or declared to be the date of the substantial performance of the

contract, the earlier of,

i. the

date on which a copy of the certificate or declaration of the substantial

performance of the contract is published as provided in

section 32, and

ii. the

date the contract is completed, abandoned or terminated.

2. For

services or materials supplied to the improvement where there is no

certification or declaration of the substantial performance of the contract, or

for services or materials supplied to the improvement after the date certified

or declared to be the date of substantial performance, the earlier of,

i. the

date the contract is completed, and

ii. the

date the contract is abandoned or terminated.

Other

expiry, workers’ trust fund lien

(4) If

the lien of the trustee of a workers’ trust fund on behalf of a worker or

workers does not expire under subsection (2), the lien expires on the 60 th

day after the following date, subject to subsection (6):

1. For

services or materials supplied to an improvement on or before the date

certified or declared to be the date of the substantial performance of the

contract, the earliest of,

i. the

date on which a copy of the certificate or declaration of the substantial

performance of the contract is published, as provided in

section 32,

ii. the

date on which the final worker who is a beneficiary of the workers’ trust fund

last supplies services or materials to the improvement,

iii. the

date the contract is completed, abandoned or terminated, and

iv. the

date a subcontract is certified to be completed under

section 33, where the

services or materials were supplied under or in respect of that subcontract.

2. For

services or materials supplied to the improvement where there is no

certification or declaration of the substantial performance of the contract, or

for services or materials supplied to the improvement after the date certified

or declared to be the date of the substantial performance of the contract, the

earliest of,

i. the

date on which the final worker who is a beneficiary of the workers’ trust fund

last supplied services or materials to the improvement,

ii. the

date the contract is completed, abandoned or terminated, and

iii. the

date a subcontract is certified to be completed under

section 33, where the

services or materials were supplied under or in respect of that subcontract.

Other

expiry, lien of other person

(5) If

the lien of any other person does not expire under subsection (2), the lien

expires on the 60 th day after the following date, subject to

subsection (6):

1. For

services or materials supplied to an improvement on or before the date

certified or declared to be the date of the substantial performance of the

contract, the earliest of,

i. the

date on which a copy of the certificate or declaration of the substantial

performance of the contract is published, as provided in

section 32,

ii. the

date on which the person last supplies services or materials to the

improvement,

iii. the

date the contract is completed, abandoned or terminated, and

iv. the

date a subcontract is certified to be completed under

section 33, where the

services or materials were supplied under or in respect of that subcontract.

2. For

services or materials supplied to the improvement where there is no

certification or declaration of the substantial performance of the contract, or

for services or materials supplied to the improvement after the date certified

or declared to be the date of the substantial performance of the contract, the

earliest of,

i. the

date on which the person last supplied services or materials to the

improvement,

ii. the

date the contract is completed, abandoned or terminated, and

iii. the

date a subcontract is certified to be completed under

section 33, where the

services or materials were supplied under or in respect of that subcontract.

Separate

liens when ongoing supply

(6) If

a person has supplied services or materials to an improvement,

(

a) on

or before the date the owner publishes a notice of annual release of holdback

in accordance with

section 26 and has also supplied, or is to supply, services

or materials after that date, the person’s lien in respect of the services or

materials supplied on or before the publication date expires without affecting

any lien that the person may have for the supply of services or materials after

that date; and

(

b) on

or before the date certified or declared to be the date of the substantial

performance of the contract and has also supplied, or is to supply, services or

materials after that date, the person’s lien in respect of the services or

materials supplied on or before the date of substantial performance expires

without affecting any lien that the person may have for the supply of services

or materials after that date.

Declaration

of last supply

(7) If

a person who has supplied services or materials under a contract or subcontract

makes a declaration in the prescribed form that declares the following facts,

those facts are deemed to be true against the person making the declaration:

1. The

date on which the person last supplied services or materials under that

contract or subcontract.

2. That

the person will not supply any further services or materials under that

contract or subcontract.

Notice

of termination

(8) No

later than seven days after a contract is terminated, either the owner or the

contractor or other person whose lien is subject to expiry shall publish a

notice of the termination in the prescribed form and manner.

Effect

of notice

(9) If

a notice of termination is published in accordance with subsection (8) in

respect of a contract, the date on which the contract was terminated is, for

the purposes of this section, the date on which the notice was published or, if

more than one notice is published in accordance with that subsection, the date

on which the first of the notices was published.

Validity

of termination

(10) Subsection

(9) does not prevent a person from contesting the validity of a termination.

Subsection 34 (10) of the Act is repealed.

Paragraph 1 of subsection 39 (1) of the Act is amended by striking out “and” at

the end of subparagraph v, by adding “and” at the end of subparagraph vi and by

adding the following subparagraph:

vii. a

statement of whether more than one improvement is to be made under a contract

and each of the improvements is to lands that are not contiguous.

Section 50 of the Act is amended by adding the following subsection:

Joinder

(4) For

greater certainty, the procedures prescribed for the purposes of this Part may

provide for the joinder of a lien claim with another claim in an action, in

which case this Part applies with respect to the other claim as it does to the

lien claim.

The Act is amended by adding the following section:

Transition,

Building Ontario For You Act (Budget Measures), 2024

87.4

(1) This

section,

(

a) does

not apply with respect to an improvement to which subsection 87.3 (1) applies;

and

(

b) does

not affect the operation of subsection 87.3 (4).

Immediate

application

(2) An

amendment made to this Act by

Schedule 4 to the Building

Ontario For You Act (Budget Measures), 2024 applies with respect to an

improvement on and after the day the amending provision comes into force,

except as otherwise provided by this section.

Exception,

s. 14 (4)

(3) Subsection

14 (4) does not apply if the owner retained the holdback in respect of the

supply of a design, plan, drawing or specification before the day

section 24 of

Schedule 4 to the Building Ontario For You Act (Budget

Measures), 2024 came into force.

Exception,

s. 26

(4) If

a contract for an improvement was entered into before the day

section 26 of

Schedule 4 to the Building Ontario For You Act (Budget

Measures), 2024 comes into force,

section 26 of this Act, as re-enacted

by that section, applies with the following modifications:

1. The

first contract anniversary date to which

section 26 applies is the second

anniversary of the day the contract was entered into that follows the day on

which

section 26 of

Schedule 4 to the Building Ontario For

You Act (Budget Measures), 2024 comes into force.

2. A

requirement to make payment of holdback under subsections 26 (4) to (7) in

respect of the first contract anniversary date to which

section 26 applies

includes all holdback accrued before that date.

3. Paragraphs

1 and 2 apply with respect to a contract for an improvement regardless of any

other contract or subcontract for the improvement that may be entered into on

or after the day

section 26 of

Schedule 4 to the Building

Ontario For You Act (Budget Measures), 2024 comes into force.

Same,

application of s. 31 (2)

(5) Subsection

31 (2), as re-enacted by

section 27 of

Schedule 4 to the Building

Ontario For You Act (Budget Measures), 2024 , applies with respect to the

supply of all services or materials to an improvement that are included in the

first notice of annual release of holdback published in accordance with

section

26 and subsection (4).

Exception,

s. 31 (6) and (7)

(6) Subsections

31 (6) and (7), as they read before the day

section 27 of

Schedule 4 to the Building Ontario For You Act (Budget Measures), 2024 came

into force, continue to apply with respect to a notice of termination that was

published in accordance with subsection 31 (6) before that day.

Exception,

s. 34 (10)

(7) Subsection

34 (10), as it read before the day

section 28 of

Schedule 4 to the Building Ontario For You Act (Budget Measures), 2024 came

into force, continues to apply with respect to a lien if a notice of

adjudication respecting a matter that is the subject of the lien was given

under

section 13.7 before that day.

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

clause:

(b.1) for

the purposes of subclause (a) (ii) of the definition of “price” in subsection 1

(1), prescribing amounts or methods of determining amounts that apply instead

of the actual market value of the services or materials that have been supplied

to the improvement under the contract or subcontract;

(2) Clause

88 (1) (

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

(

e) governing

the setting and payment of fees, costs and charges by the Authorized Nominating

Authority under clause 13.3 (2) (a), including, for greater certainty,

providing for matters in respect of which the Authority may not set a fee, cost

or charge;

(e.1) prescribing

fees for the appointment of adjudicators and requiring their payment;

(3) Subsection

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

(g.1) for

the purposes of subsection 13.5 (3.2), providing that a party to a contract or

subcontract may refer a dispute with a party to another contract or subcontract

respecting a matter specified by the regulations to adjudication, specifying

conditions to or restrictions on the making of such a referral and governing

the making of the referral;

(4) Clause

88 (1) (i.1) of the Act is repealed and the following substituted:

(i.1) governing

the payment of adjudicator fees under

section 13.10, and the determination of

fees by the Authorized Nominating Authority under clause 13.10 (2) (b);

(5) Subsection

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

(j.1) requiring

that the Authorized Nominating Authority make adjudication determinations

publicly available, subject to the removal of identifying information, and

governing the making of determinations publicly available and the removal of

identifying information for the purpose;

(6) Subsection

88 (2) of the Act is amended by striking out “the Construction

Lien Amendment Act, 2017 ” at the end and substituting “Schedule 4 to the

Building Ontario For You Act (Budget Measures), 2024 ”.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 5

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020

Section 1 of the Credit Unions and Caisses Populaires Act,

2020 is amended by adding the following definition:

“requirement

under this Act” means a requirement imposed by this Act or by a regulation or

an Authority rule, or a requirement imposed by order; (“exigence prévue par la

présente loi”)

Section 68 of the Act is amended by adding the following subsection:

Notice

(5) A

credit union shall notify the Chief Executive Officer in writing if it issues

securities under clause (1) (c).

The Act is amended by adding the following section:

No Waiver

waiver

76.1 A disclosure to the

Chief Executive Officer by a credit union, or by a person who controls a credit

union or by an entity that is affiliated with a credit union, of any

information required under this Part does not constitute a waiver of

solicitor-client privilege.

Section 81 of the Act is repealed and the following substituted:

Valuation

of asset

(1) If

the Chief Executive Officer has appraised the fair market value of an asset

held by a credit union or a subsidiary and the fair market value determined by

the Chief Executive Officer varies materially from the value placed by the

credit union or subsidiary on the asset, the Chief Executive Officer shall send

to the credit union, its auditor and its audit committee a written notice of

the fair market value of the asset as determined by the Chief Executive Officer

and may make an order requiring the credit union to adjust the value of the

asset accordingly.

Procedural

rules

(2) Section

209 applies with respect to an order under this section.

Appeal

to Tribunal

(3) A

credit union that is subject to an order under this

section may appeal the

order to the Tribunal in accordance with

section 212.

The Act is amended by adding the following section:

Notice

re resignation, etc.

129.1 A credit union shall

promptly notify the Chief Executive Officer when an auditor resigns, is

replaced or is removed from office and shall inform the Chief Executive Officer

of the reasons.

The Act is amended by adding the following section:

No Waiver

waiver

174.1 A disclosure to the

Chief Executive Officer by a credit union, or by a person who controls a credit

union or by an entity that is affiliated with a credit union, of any

information required under this Part does not constitute a waiver of

solicitor-client privilege.

Section 201 of the Act is amended by adding the following subsection:

Entry

into dwelling

(7) The

Chief Executive Officer or designate shall not enter the part of a premises, if

any, that is used as a dwelling unless the occupant consents to the entry or

the Chief Executive Officer or designate is authorized to enter the dwelling by

an order made under

section 201.1.

The Act is amended by adding the following sections:

Inspection

order for s. 201 inquiry and examination

201.1

(1) The

Chief Executive Officer or a person designated by the Chief Executive Officer

may, without notice, apply to a justice of the peace for an order under this

section.

Order

to enter and examine premises

(2) A

justice of the peace may make an order under this subsection authorizing the

Chief Executive Officer or designate, as named in the order, to enter premises,

other than a part of a premises that is being used as a dwelling, specified in

the order and to exercise any of the powers mentioned in

section 201, subject

to such restrictions on their exercise as the justice of the peace considers

appropriate in the circumstances, if the justice of the peace is satisfied by

information under oath that,

(

a) the

Chief Executive Officer or designate has been prevented from exercising a right

of entry to the premises under

section 201 or has been prevented from

exercising a power described in

section 201; or

(

b) there

are reasonable grounds to believe that the Chief Executive Officer or designate

will be prevented from exercising a right of entry to the premises under

section 201 or will be prevented from exercising a power described in

section

Same

— dwelling

(3) A

justice of the peace may make an order under this subsection authorizing the

Chief Executive Officer or designate, as named in the order, to enter a part of

a premises that is being used as a dwelling and that is specified in the order

and to exercise any of the powers mentioned in

section 201, subject to such

restrictions on their exercise as the justice of the peace considers

appropriate in the circumstances, if the justice of the peace is satisfied by

information under oath,

(

a) that

it is necessary for the Chief Executive Officer or designate to enter that part

of the premises in order to carry out an inquiry or examination under

section

201; and

(

b) that,

(

i) the

Chief Executive Officer or designate has been prevented from entering that part

of the premises under

section 201 or has been prevented from exercising a power

described in

section 201, or

(ii) there

are reasonable grounds to believe that the Chief Executive Officer or designate

will be prevented from entering that part of the premises under

section 201 or

will be prevented from exercising a power described in

section 201.

Use

of force

(4) The

person named in the order may call upon police officers for assistance in

executing the order and may use whatever force is reasonably necessary to

execute the order.

Duty

to assist

(5) If,

in carrying out an order made under this section, the Chief Executive Officer

or designate requires a person to answer questions, to produce a document or

record or to provide assistance, the person shall do so in the manner and

within the period specified by the Chief Executive Officer or designate.

Receipt

for things removed

(6) The

Chief Executive Officer or designate shall give a receipt for anything removed

for examination and copying and the Chief Executive Officer or designate shall

promptly return the thing to the person who produced it.

Expert

(7) The

order may authorize persons who have special, expert or professional knowledge

to accompany and assist the person named in the order.

Time

of execution

(8) Entry

or access under an order shall be made between 6 a.m. and 9 p.m. unless the

order specifies otherwise.

Expiry

of order

(9) An

order shall specify an expiry date, which shall be no later than 30 days after

the order is made, but a justice of the peace may extend the order for an

additional period of no more than 30 days upon application without notice.

Power

to summon persons, etc.

201.2

(1) The

Chief Executive Officer may issue a summons where the Chief Executive Officer

believes that,

(

a) it

is necessary in order to determine whether a person is complying with this Act

or a requirement established under this Act; and

(

b) it

is, in the circumstances, in the public interest.

Same

(2) A

summons issued under subsection (1) may require a person,

(

a) to

produce such documents and things as are specified by the Chief Executive

Officer; and

(

b) to

give such information on oath as the Chief Executive Officer or a person

designated by the Chief Executive Officer considers relevant to determining

whether a person or entity is complying with a requirement established under

this Act.

Identification

(3) Upon

request, the Chief Executive Officer shall produce evidence of the Chief

Executive Officer’s office and a person designated by the Chief Executive

Officer shall produce evidence of the person’s designation.

Administering

oath

(4) The

Chief Executive Officer or designate may administer an oath required under this

section.

Right

to counsel

(5) A

person may be represented by counsel when giving information on oath and may

claim any privilege to which the person is entitled.

Stated

case

(6) If

the person does not comply with the summons, the Chief Executive Officer may

state a case to the Divisional Court setting out the facts and, after hearing

any witnesses who may be produced against or on behalf of that person and after

hearing any statement that may be offered in defence, the court may punish the

person in the same manner as if the person had been guilty of contempt of the

court.

(1) Subsection 221 (1) of the Act is repealed and the following

substituted:

Preparatory

examination

(1) If

the Authority believes that a payment by the Authority under this Act in

respect of a deposit held by a credit union is imminent and that it is in the

best interest of both the depositors with the credit union and the Authority to

make early preparations for the payment, the Authority may examine the records

and documents of,

(

a) the

credit union and any of its subsidiaries; and

(

b) current

and former directors, officers and employees of the credit union and of any of

its subsidiaries.

(2) Subsection

221 (3) of the Act is amended by striking out “Section 201 applies” at the

beginning and substituting “Sections 201, 201.1 and 201.2 apply”.

Subsection 234 (1) of the Act is amended by adding the following paragraphs:

7. Order

the credit union to correct any practices that the Chief Executive Officer

believes are contributing to the problem or situation that caused the credit

union to be ordered subject to administration.

8. Order

the credit union and its directors, committee members, officers and employees

to not exercise any powers of the credit union or of its directors, committee

members, officers and employees.

9. Order

the credit union not to declare or pay a dividend or to restrict the amount of

a dividend to be paid to a rate or amount set by the Chief Executive Officer.

10. Make

a resolution order under

section 234.1.

The Act is amended by adding the following section:

Resolution

orders

234.1

(1) The

Chief Executive Officer may make a resolution order in respect of a credit

union that is subject to an order under

section 233 if the following conditions

are met:

1. The

Chief Executive Officer, on reasonable grounds, believes that the risk of

failure of the credit union could result in any of the following in Ontario:

i. Risks

to the credit union or financial services systems or a part thereof.

ii. Financial

risks to credit union members, financial institutions or other financial

intermediaries arising from the credit union’s activities as a financial

intermediary.

iii. Other

adverse consequences to the credit union or financial services sector or a part

thereof.

2. The

Chief Executive Officer provides the Minister with a copy of the resolution

order that the Chief Executive Officer intends to make and the Minister does

not object to the order within one business day of receiving it.

Types

of resolution orders

(2) The

following types of resolution orders may be made under this section:

1. A

resolution order in respect of contractual and membership matters, as described

in subsection (3).

2. A

resolution order in respect of proceedings and enforcement, as described in

subsection (5).

3. A

resolution order in respect of the credit union’s director and executive

compensation, as described in subsection (6).

Order

re contractual and membership matters

(3) If

a resolution order described in paragraph 1 of subsection (2) is made, no

person may terminate or amend any agreement with the credit union or claim an

accelerated payment, or forfeiture of the term, under such an agreement, and no

person may terminate the credit union’s membership in an organization for any

of the following reasons:

1. The

making of an order under

section 233.

2. The

deteriorated financial position of the credit union.

3. A

non-monetary default, before the resolution order was made, under the agreement

by the credit union or any of its affiliates that is remedied within 60 days

after the day on which the order is made.

4. A

monetary default, before the resolution order was made, under the agreement by

the credit union or any of its affiliates that is remedied within 60 days after

the day on which the order is made.

5. The

making of a resolution order under this

section or any change of control or

ownership of the credit union, or any of its affiliates, that is related to the

making of the resolution order.

6. The

transfer to or acquisition by a third party of all or part of the assets or

liabilities of the credit union or any of its affiliates.

Agreements

overridden

(4) If

a resolution order described in paragraph 1 of subsection (2) is made, any term

in an agreement entered into before the making of the resolution order is of no

force and effect if it has the effect of providing for or permitting anything

that, in substance, is contrary to that subsection.

Order

re proceedings, enforcement

(5) If

a resolution order described in paragraph 2 of subsection (2) is made,

(

a) no

action or other civil proceeding before a judicial or quasi-judicial body and

no arbitration may be commenced or continued against the credit union;

(

b) no

attachment, execution or enforcement by other methods of a judgment or order

against the credit union or its assets may take place or continue;

(

c) no

creditor of the credit union has any remedy against the credit union or its

assets; and

(

d) except

in the normal course of clearing and settlement processes, including the

consolidation of accounts in respect of those processes, no creditor has any

right of set-off or compensation against the credit union.

Order

re executive compensation

(6) If

a resolution order described in paragraph 3 of subsection (2) is made, the

credit union shall not make the following payments to the credit union’s

directors or executives:

1. Any

sum paid as a gift or bonus that,

i. was

approved by the board before the day the Chief Executive Officer made an

administration order under

section 233 in respect of the credit union but had

not been paid before the day the resolution order was made, and

ii. is

dependent on the discretion of the board and is not related to hours,

production or efficiency.

2. A

payment upon the ending of a director or executive’s employment that is not a

standard term in the employment contracts of the credit union’s employees but

is a term specifically approved by the board for the employment contract of the

director or executive.

Non-application,

Authority rules

(7) An

Authority rule made for the purposes of

section 99 or 106 does not apply with

respect to the payments described in subsection (6) of this section.

Conflict

(8) Paragraph

2 of subsection (6) prevails over any other Act, regulation or contractual

entitlement while a resolution order described under paragraph 3 of subsection

(2) is in effect.

Security

agreements, assignments and transfers

(9) Subsections

(3) and (4) do not apply in respect of a remedy under, or a stipulation of, a

security agreement creating a security interest in assets of a credit union or

an agreement assigning or transferring the credit union’s right, title or

interest in any real property or immovable situated in Canada, including any

mortgage or hypothec on that real property or immovable if an obligation

secured by the agreement is to the Bank of Canada.

Eligible

financial contracts

(10) Nothing

in this

section prevents the following actions from being taken in accordance

with the provisions of an eligible financial contract:

1. The

termination or amendment of the contract.

2. The

accelerated payment or forfeiture of the term under the contract.

3. The

exercise of remedies for a failure to satisfy an obligation under or in

connection with the contract, including the payment of an amount payable or

delivery of property deliverable, under or in connection with the contract.

4. The

netting or setting off or compensation of an amount payable under or in

connection with the contract.

5. Any

dealing with financial collateral.

Stay

— eligible financial contracts

(11) If

a resolution order is made under this section, the actions referred to in

paragraphs 1, 2 and 5 of subsection (10) shall not be taken by reason only of

any of the following:

1. The

making of an order under

section 233.

2. The

deteriorated financial position of the credit union.

3. A

non-monetary default, before the resolution order was made, under the agreement

by the credit union or any of its affiliates that is remedied within 60 days

after the day on which the order is made.

4. The

making of a resolution order under this

section or any change of control or

ownership of the credit union, or any of its affiliates, that is related to the

making of the resolution order.

5. The

transfer to or acquisition by a third party of all or part of the assets or

liabilities of the credit union or any of its affiliates.

Stay

terminated — notice

(12) If

the Chief Executive Officer considers that all or substantially all of the

credit union’s assets will be transferred to a third party and that an eligible

financial contract of that credit union will not be assigned to a third party,

it may give notice to that effect to the parties to that contract, in which

case paragraphs 2 and 4 of subsection (11) cease to apply in respect of that

contract at the date and time the notice is issued.

Agreements

overridden

(13) Any

stipulation in an eligible financial contract is of no force or effect if it

has the effect of providing for or permitting anything that, in substance, is

contrary to subsection (11).

Exception

(14) Subsection

(11) does not apply in respect of an eligible financial contract between the

credit union and,

(

a) the

Crown;

(

b) a

central bank;

(

c) a

clearing agent, unless the Authority has given the undertaking referred to in

subsection (16) in respect of the credit union; or

(

d) a

clearing house, unless the Authority has given the undertaking referred to in

subsection (18) in respect of the credit union.

Clearing

arrangements

(15) Subsections

(3) to (5) do not apply so as to prevent a member of the Canadian Payments

Association from acting or ceasing to act as a clearing agent for a credit

union in accordance with the Canadian Payments Act

and the by-laws and rules of that Association.

Exception

(16) To

enable a member of the Canadian Payments Association to act as a clearing agent

on behalf of a credit union, the Authority may, in accordance with the Canadian Payments Act and the Canadian Payments

Association’s by-laws and rules, undertake to provide the financial assistance

that the credit union requires in order to discharge its obligations to the

clearing agent as they become due.

Clearing

house

(17) Subsections

(3) to (5) do not apply so as to prevent a clearing house from,

(

a) acting

or ceasing to act in that capacity for a credit union; or

(

b) exercising

its rights under its settlement rules, as defined in subsection 8 (5) of the Payment Clearing and Settlement Act (Canada).

Exception

(18) To

enable a clearing house to continue to act for a credit union, the Authority

may, in accordance with the Payment Clearing and

Settlement Act (Canada), undertake to provide financial assistance that

the credit union requires in order to discharge its obligations to the clearing

house as they become due.

Procedural

rules

(19) Section

209 applies with respect to a resolution order under this section.

Leave

of court

(20) A

superior court may, on any terms that it considers proper, grant leave to a

person to do anything that the person would otherwise be prevented from doing

by this

section or lift, or reduce the length of, a stay under this

section if

the court is satisfied,

(

a) the

person is likely to be materially prejudiced if leave is not granted; or

(

b) that

it is equitable on other grounds to grant leave.

Authority

to be made party

(21) The

Authority must be joined as a respondent in any application under subsection

(20) and is entitled to such notice of the application as the court considers

proper.

Non-application,

certain affiliates

(22) An

order made under this

section does not apply with respect to a federally

regulated credit union affiliate or a federally incorporated credit union

affiliate.

Conflict

(23) In

the event of a conflict between an order made under this

section and any

applicable federal law or order made thereunder, the federal law or order made

thereunder prevails.

Definitions

(24) In

this section,

“clearing

agent” has the same meaning as in subsection 39.15 (9) of the Canada Deposit Insurance Corporation Act ; (“agent de

compensation”)

“clearing

house” means,

(

a) a

clearing house, as defined in

section 2 of the Payment

Clearing and Settlement Act (Canada), that provides clearing, settlement

or payment message exchange services for a clearing and settlement system

designated under

section 4 of that Act, or

(

b) a

securities and derivatives clearing house, as defined in subsection 13.1 (3) of

the Payment Clearing and Settlement Act (Canada);

(“chambre de compensation”)

“eligible

financial contract” has the meaning given to that expression by the Authority

rules; (“contrat financier admissible”)

“executive”

means any person who holds the office of chief executive officer, president,

chief administrative officer, chief operating officer, chief financial officer,

chief information officer, chief legal officer, chief human resources officer

or chief corporate development officer, or holds any other chief executive

position. (“cadre supérieur”)

Subsection 269 (7) of the Act is repealed.

Subsection 285 (1) of the Act is amended by adding the following paragraph:

57.1 Defining

“eligible financial contract” for the purposes of

section 234.1.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Building Ontario For You

Act (Budget Measures), 2024 receives Royal Assent.

(2) Sections

10, 11 and 13 come into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 6

EMPLOYER HEALTH TAX ACT

(1) Section 2.1 of the Employer Health Tax Act

is amended by adding the following subsection:

Taxable

total Ontario remuneration

Definition

(0.1) For

the purposes of this section, for a year beginning after December 31, 2024, a

reference to a group of associated employers is a reference to a group of two

or more employers who are all eligible employers at any time in the year and who

are all associated with each other at any time in the year.

(2) Subsection

2.1 (3) of the Act is amended by adding “and before January 1, 2025” after

“December 31, 2013”.

(3) Section

2.1 of the Act is amended by adding the following subsection:

Same, year after 2024

(3.1) For

a year beginning after December 31, 2024, if an employer is a part of one or

more groups of associated employers in the year, the exemption amount for that

employer shall be determined in accordance with subsection (4.0.1).

(4) Subsection

2.1 (4) of the Act is amended by adding “and before January 1, 2025” after

“December 31, 2013”.

(5) Section

2.1 of the Act is amended by adding the following subsections:

Same, year after 2024

(4.0.1) The

exemption amount of an employer to whom subsection (3.1) applies is the lesser

of,

(

a) the

sum of each amount allocated to the employer under an agreement referred to in

subsection (4.0.2); and

(

b) the

amount that would be the employer’s exemption amount for the year under

subsection (2) if that employer were not associated with any other employers.

Same

(4.0.2) Subject

to subsection (4.0.3), a group of associated employers may enter into an

agreement in which they allocate to one or more of them for the year an

exemption amount that does not exceed the highest exemption amount that would

be determined under subsection (2) for any of them if they were not associated

in the year.

Same

(4.0.3) If

the aggregate of the total Ontario remuneration paid during a year by a group

of associated employers is more than the exemption threshold for the group, the

exemption amount that the group may allocate is nil.

Same

(4.0.4) If

no amounts are allocated to an employer to whom subsection (3.1) applies for a

year, the employer’s exemption amount for the year is nil.

(6) Subsection

2.1 (4.1) of the Act is amended by striking out “subsections (2), (3) and (4)”

and substituting “subsections (2), (3), (3.1), (4) and (4.0.1)”.

(7) Subsection

2.1 (6) of the Act is amended by adding “and before January 1, 2025” after

“December 31, 2013”.

(8) Subsection

2.1 (8) of the Act is amended by striking out “subsections (3) and (6)” and

substituting “subsections (3), (4) and (6)”.

(9) Section

2.1 of the Act is amended by adding the following subsection:

Same

(8.1) For

the purposes of subsection (4.0.3), the exemption threshold for a year for a

group of associated employers is the amount that is equal to the highest

exemption threshold that would be determined under subsection (7) for any of

them if they were not associated in the year.

(10) Subsection

2.1 (14) of the Act is amended by striking out “subsection (4) or (13)” and

substituting “subsection (4), (4.0.2) or (13)”.

Subsection 3 (2) of the Act is amended by adding “or” at the end of clause (a),

by striking out “or” at the end of clause (a.1) and by repealing clause (b).

Subsection 5 (1) of the Act is amended by striking out “the prescribed date

applicable to the taxpayer” and substituting “March 15 of the following year”.

(1) Section 6 of the Act is amended by adding the following

subsection:

Same

(1.1) The

Minister may refund an amount that the Minister determines under subsection 8

(1) to be an overpayment made on account of tax payable under this Act for the

year if,

(

a) the

overpayment is in respect of an assessment made by the Minister; and

(

b) the

taxpayer applied in writing for the refund within 90 days after the assessment

in which the overpayment was assessed.

(2) Subsection

6 (2) of the Act is amended by striking out “subsection (1)” and substituting

“subsection (1) or (1.1)”.

Subsection 8 (1) of the Act is amended by striking out “and” at the end of

subclause (a) (ii), by adding “and” at the end of clause (

b) and by adding the

following clause:

(

c) at

any time, if the Minister receives an application for a refund under subsection

6 (1.1).

Clause 30 (1.3) (

a) of the Act is repealed.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Building Ontario For You

Act (Budget Measures), 2024 receives Royal Assent.

(2) Sections

2 to 6 come into force on January 1, 2025 or, if the Building

Ontario For You Act (Budget Measures), 2024 receives Royal Assent after

that day, they are deemed to have come into force on that day.

SCHEDULE 7

FUEL TAX ACT

Clause 2 (1.1) (

a) of the Fuel Tax Act is amended by striking

out “December 31, 2024” and substituting “June 30, 2025”.

Commencement

This

Schedule comes into force on the day the Building Ontario For

You Act (Budget Measures), 2024 receives Royal Assent.

SCHEDULE 8

GASOLINE TAX ACT

Clause 2 (1.1) (

a) of the Gasoline Tax Act is amended by striking

out “December 31, 2024” and substituting “June 30, 2025”.

Commencement

This

Schedule comes into force on the day the Building Ontario For

You Act (Budget Measures), 2024 receives Royal Assent.

SCHEDULE 9

IGAMING ONTARIO ACT, 2024

CONTENTS

Interpretation

Purposes

Definitions

iGaming Ontario

Corporation

continued

Objects

and duties

Natural

person powers

Application

of corporate statutes to Corporation

Employees,

officers

Board of Directors

Board

of directors

Chair

and vice-chair

Quorum

President

and chief executive officer

By-laws

Delegation

of powers, duties and functions

Minister’s Powers

Minister’s

directives

Minister

may require reports, information

Financial Matters

Fiscal

year

Revenues,

investments and assets

Audits

Other

Matters

Annual

report

Access

to reports, accounts, etc.

Crown

liability

Corporation

liability

Proceedings

barred

Transition

Board

members

Agreements

with Alcohol and Gaming Commission of Ontario

Regulations

Regulations

Amendments to this Act

Amendments

to this Act

Consequential Revocation and Amendments

Revocation

Alcohol

and Gaming Commission of Ontario Act, 2019

Cannabis

Licence Act, 2018

Gaming

Control Act, 1992

Commencement and

Short Title

Commencement

Short

title

Interpretation

Purposes

1 The purposes of this Act are to,

(

a) enhance

the economic development of the Province;

(

b) generate

revenue for the Province;

(

c) promote

responsible gaming with respect to online lottery schemes; and

(

d) ensure

that anything done for a purpose set out in clause (

a) to (

c) is also done for

the public good and in the best interests of the Province.

Definitions

2 In this Act,

“Corporation”

means iGaming Ontario; (“Société”)

“electronic

gaming site” means an electronic channel maintained for the purpose of playing

or operating a lottery scheme; (“site de jeu électronique”)

“lottery

scheme” has the same meaning as in subsection 207 (4) of the Criminal Code (Canada); (“loterie”)

“Minister”

means the 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”)

“online

lottery scheme” means a lottery scheme offered through an electronic gaming

site that is operated by a supplier registered as an operator under the Gaming Control Act, 1992 ; (“loterie en ligne”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means the regulations made under this Act. (“règlements”)

iGaming

Ontario

Corporation

continued

3 (1) iGaming Ontario is continued as

and Jeux en ligne Ontario in French.

Agent

of the Crown

(2) The

Corporation is an agent of the Crown in right of Ontario.

Objects

and duties

(1) The Corporation has the

following objects and duties:

1. To

develop, undertake, organize, conduct and manage online lottery schemes.

2. To

ensure that online lottery schemes are conducted and managed in accordance with

the Criminal Code (Canada) and the Gaming Control Act, 1992 , and the regulations made under

them.

3. To

promote responsible gaming with respect to online lottery schemes.

4. Subject

to the Minister’s approval, to enter into agreements to develop, undertake,

organize, conduct and manage lottery schemes on behalf of, or in conjunction

with, the governments of one or more provinces or territories of Canada.

5. Any

other prescribed objects or duties.

Same

(2) A

regulation made for the purposes of paragraph 5 of subsection (1) may provide

that an object or duty is subject to the approval of the Minister or the

Lieutenant Governor in Council.

Natural

person powers

(1) The Corporation has the

capacity, rights and powers of a natural person.

Limitations

(2) Despite

subsection (1), the Corporation shall not exercise any of the following powers

without the approval of the Lieutenant Governor in Council:

1. Create

a subsidiary.

2. Acquire,

hold or dispose of any interest in real property, except for renting office

space.

3. Borrow

money or give security against property.

4. Any

prescribed power.

Application

of corporate statutes to Corporation

Not-for-Profit

Corporations Act, 2010

(1) The Not-for-Profit

Corporations Act, 2010 does not apply to the Corporation, except as may

be prescribed.

Corporations

Information Act

(2) The

Corporations Information Act does not apply to the

Corporation.

Business

Corporations Act

(3) Section

132 (disclosure: conflict of interest), subsection 134 (1) (standards of care,

etc., of directors, etc.) and

section 136 (indemnification) of the Business Corporations Act apply, with necessary

modifications, to the Corporation and its directors.

Employees,

officers

(1) The Corporation may employ such

individuals as it considers necessary for the proper conduct of its business.

Subject

to Minister’s approval

(2) The

remuneration, including salary and benefits, of the officers and senior

employees of the Corporation must be approved by the Minister.

Board

of Directors

Board

of directors

(1) The Corporation’s affairs shall

be managed and supervised by a board of directors.

Composition

(2) The

board of directors shall be composed of,

(

a) no

more than nine individuals appointed by the Minister; and

(

b) a

president and chief executive officer appointed under

section 11 who shall be a

member by virtue of office, subject to the limitations provided for by this

Act.

Disqualifying

factors

(3) An

individual is not eligible to be appointed as a member of the board of

directors under clause (2) (

a) if the individual,

(

a) is

less than 18 years of age;

(

b) has

been found under the Substitute Decisions Act, 1992

or the Mental Health Act to be incapable of

managing property or has been found to be incapable by a court in Canada or

elsewhere;

(

c) has

been convicted of fraud or a similar offence by any court in Canada or

elsewhere; or

(

d) has

the status of bankrupt.

Remuneration,

expenses

(4) The

members of the board of directors shall receive the remuneration and

reimbursement for reasonable expenses that the Lieutenant Governor in Council

determines.

Chair

and vice-chair

(1) The Minister shall designate a

chair, and may designate a vice-chair, from among the members of the board of

directors the Minister appoints.

Chair

(2) The

chair shall preside over the meetings of the board of directors.

Acting

chair

(3) If

the chair is absent or otherwise unavailable to act, or if the office of the

chair is vacant,

(

a) the

vice-chair shall act as the chair; or

(

b) if

the office of the vice-chair is vacant, or the vice-chair is also absent or

otherwise unavailable to act, the members present shall appoint an acting chair

from among themselves to act as the chair.

Quorum

(1) A majority of the members of the

board of directors, excluding the president and chief executive officer,

constitutes a quorum of the board.

Same

(2) If

no quorum exists for the purpose of voting on a matter only because a member of

the board is not permitted to be present by reason of a conflict of interest,

the remaining members of the board are deemed to constitute a quorum for the

purpose of voting on the matter.

President

and chief executive officer

(1) The members of the board of

directors appointed by the Minister shall appoint an individual to serve as the

president and chief executive officer of the Corporation.

Disqualifying

factors

(2) An

individual is not eligible to be appointed as the president and chief executive

officer if the individual meets any of the criteria listed under subsection 8

(3).

Duties

(3) The

president and chief executive officer shall be responsible for the management

and administration of the affairs of the Corporation, subject to the

supervision and direction of its board of directors.

Limitations

(4) The

president and chief executive officer may attend and participate at any meeting

of the board of directors, but shall not have a vote with respect to any matter

to be decided at the meeting.

Same

(5) Despite

subsection (4), the other members of the board may exclude the president and

chief executive officer from attending all or part of a board meeting if a

matter to be discussed involves the position, performance or powers, duties or

functions of the president and chief executive officer.

By-laws

(1) The board of directors may make

by-laws regulating its proceedings and generally for the management of the

Corporation’s affairs, including by-laws to,

(

a) set

out the powers, duties and functions of the president and chief executive

officer and any other officers of the Corporation;

(

b) establish

committees of the board; and

(

c) effect

the orderly transaction of the Corporation’s business.

Limitation

(2) The

board shall not make a by-law relating to borrowing, investing or managing

financial risks, unless the by-law has first been approved by the Minister and

the Minister of Finance.

Delegation

of powers, duties and functions

(1) The board of directors may

delegate, in writing, to a committee of the board or to an officer or employee

of the Corporation any of the board’s powers, duties or functions, other than a

power to,

(

a) approve

the Corporation’s budget, including the budget for capital expenditures and

staffing;

(

b) approve

the Corporation’s business plan, annual report or financial statements;

(

c) appoint

or remove the president and chief executive officer;

(

d) establish

committees of the board and fill vacancies on those committees; or

(

e) make,

amend or repeal by-laws or resolutions of the Corporation.

Conditions

(2) A

delegation made under subsection (1) is subject to any conditions set out in

the delegation.

Minister’s Powers

Minister’s

directives

(1) The Minister may issue written

directives to the Corporation that relate to the Corporation’s objects, duties,

operations, activities and financial affairs, which may include directions with

respect to the timing or manner of implementing the directives.

Implementation

(2) The

board of directors shall ensure that the directives are implemented promptly

and efficiently.

Not

a regulation

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to a directive.

Minister

may require reports, information

15 The Minister may require the Corporation to,

within the time and in the manner the Minister may specify, report on or

provide any information on its operations, activities and financial affairs

that the Minister specifies.

Financial Matters

Fiscal

year

16 The Corporation’s

fiscal year begins on April 1 in a year and ends on March 31 in the following

year.

Revenues,

investments and assets

17 Despite

Part I of the Financial Administration Act , the Corporation’s revenues,

investments and assets do not form part of the Consolidated Revenue Fund,

except as may be provided by regulations made under clause 26 (b).

Audits

18 The accounts and

financial transactions of the Corporation shall be audited annually by the

Auditor General.

Other Matters

Annual

report

(1) The

Corporation shall prepare an annual report and,

(

a) provide

it to the Minister; and

(

b) make

it available to the public.

Directives

(2) The

Corporation shall comply with such directives as may be issued by the

Management Board of Cabinet with respect to,

(

a) the

form and content of the annual report;

(

b) when

to provide the annual report to the Minister; and

(

c) when

and how to make the annual report available to the public.

Additional

content

(3) The

Corporation shall include such additional content in the report as the Minister

may require.

Tabling

of report

(4) The

Minister shall table the report in the Assembly and shall comply with such

directives as may be issued by the Management Board of Cabinet with respect to

when to table it.

Access

to reports, accounts, etc.

(1) The

Corporation shall ensure that any person with whom it enters into an agreement

to provide for the operation of an electronic gaming site, an online lottery

scheme or a related business is required to make available to the Corporation,

immediately on its request, reports, accounts, records and other documents in

respect of the operation of the site, scheme or business.

Same

(2) The

reports, accounts, records and other documents are deemed to form part of the

accounts of the Corporation for the purposes of the Auditor

General Act .

Crown

liability

personal liability

(1) No cause

of action arises against any current or former minister, deputy minister,

officer or employee of the Crown for any act done in good faith in the exercise

or performance, or intended exercise or performance, of the person’s powers,

duties or functions under this Act or for any alleged neglect, default or other

omission in the exercise or performance in good faith of those powers, duties

or functions.

Crown

remains vicariously liable

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the acts or omissions of a

person specified in subsection (1).

liability for acts or omissions of others

(3) No

cause of action arises against the Crown or any person specified in subsection

(1) for

an act or omission of a person other than the Crown or a person

specified in that subsection, if the act or omission is related, directly or

indirectly, to the exercise or performance, or intended exercise or

performance, of a power, duty or function under this Act.

Corporation

liability

personal liability

(1) No cause

of action arises against any current or former director, officer or employee of

the Corporation for any act done in good faith in the exercise or performance,

or intended exercise or performance, of the person’s powers, duties or

functions under this Act or for any alleged neglect, default or other omission

in the exercise or performance in good faith of those powers, duties or

functions.

Corporation

vicariously liable

(2) Subsection

(1) does not relieve the Corporation of liability to which it would otherwise

be subject as a result of the acts or omissions of a person specified in

subsection (1).

Proceedings

barred

(1) No

proceeding shall be commenced,

(

a) against

any person specified in subsection 21 (1) in respect of a matter referred to in

that subsection;

(

b) against

the Crown or any person specified in subsection 21 (1) in respect of a matter

referred to in subsection 21 (3); or

(

c) against

any person specified in subsection 22 (1) in respect of a matter referred to in

that subsection.

Same

(2) Subsection

(1) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, an injunction,

declaratory relief, a remedy in contract, restitution, unjust enrichment or

tort, a remedy for breach of trust or fiduciary obligation or any equitable

remedy, enforcement of a judgment, order or award made outside Ontario or any

form of compensation or damages including loss of revenue or profit.

Transition

Board

members

(1) An

individual who is a Minister-appointed member of the Corporation’s board of

directors immediately before the day this

section comes into force continues to

be a member of the board and, subject to subsection (2), to hold the same

position on the board, until replaced or removed.

Executive

director

(2) The

individual who is the Corporation’s executive director immediately before the

day this

section comes into force becomes the Corporation’s president and chief

executive officer on that day.

Agreements

with Alcohol and Gaming Commission of Ontario

(1) Any

agreement entered into under

section 18 of Ontario Regulation 722/21 (Lottery

Subsidiary – iGaming Ontario) made under the Alcohol and Gaming Commission of Ontario Act, 2019

that was in force immediately before that Regulation was revoked continues to

apply.

Same

(2) Section

18 of Ontario Regulation 722/21 continues to apply, despite its revocation, for

the purposes of subsection (1).

Regulations

Regulations

26 The Lieutenant Governor

in Council may make regulations,

(

a) respecting

anything that, in this Act, may or must be prescribed or done by regulation;

(

b) governing the payment out of the Corporation’s revenues,

including,

(

i) requiring

or authorizing the Corporation to make payments out of its revenues,

(ii) requiring

that payments be made according to a specified priority,

(iii) providing

that payments must or may be made at the direction of a minister of the Crown,

(iv) requiring

or authorizing the Minister or the Corporation to make information related to

payments publicly available and governing the manner in which the information

is made publicly available;

(

c) governing transitional matters that may arise from

the implementation of,

(

i) this

Act, including any amendments made to it,

(ii) the

amendments made to the Alcohol and Gaming Commission of

Ontario Act, 2019 by

Schedule 9 to the Building

Ontario For You Act (Budget Measures), 2024 in respect of the lottery

subsidiary or the revocation of Ontario Regulation 722/21 (Lottery Subsidiary –

iGaming Ontario) made under the Alcohol and Gaming

Commission of Ontario Act, 2019 ;

(

d) respecting

any matter that the Lieutenant Governor in Council considers necessary or

advisable to effectively carry out the purposes of this Act.

Amendments to this Act

Amendments

to this Act

(1) Section 24 of this Act

is repealed.

(2) Section

25 of this Act is repealed.

Consequential Revocation and Amendments

Revocation

28 Ontario Regulation 722/21 (Lottery

Subsidiary – iGaming Ontario) made under the Alcohol and

Gaming Commission of Ontario Act, 2019 is revoked.

Alcohol

and Gaming Commission of Ontario Act, 2019

(1) The definition of

“lottery subsidiary” in subsection 1 (1) of the Alcohol

and Gaming Commission of Ontario Act, 2019 is repealed.

(2) Subsection

1.1 (2) of the Act is repealed.

(3) Paragraphs

3 to 5 of subsection 3 (1) of the Act are repealed.

(4) Section

4.1 of the Act is repealed.

(5) Subsection

6 (4.1) of the Act is repealed.

(6) Section

6.1 of the Act is repealed.

(7) Subsection

7 (3) of the Act is repealed.

(8) Sections

9 and 10 of the Act are repealed and the following substituted:

Employees,

officers

(1) The

Commission may employ such individuals as it considers necessary for the proper

conduct of its business.

(2) The

Commission may, subject to the Minister’s approval, establish job categories,

salary ranges and conditions of employment for its employees and officers who

are not members of a bargaining unit as defined in the Labour

Relations Act, 1995 .

Crown

liability

personal liability

(1) No cause

of action arises against any current or former minister, deputy minister,

officer or employee of the Crown for any act done in good faith in the exercise

or performance, or intended exercise or performance, of the person’s powers,

duties or functions under this Act or any of the alcohol, cannabis, gaming and

horse racing statutes, or for any alleged neglect, default or other omission in

the exercise or performance in good faith of those powers, duties or functions.

Crown

remains vicariously liable

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the acts or omissions of a

person specified in subsection (1).

liability for acts or omissions of others

(3) No

cause of action arises against the Crown or any person specified in subsection

(1) for

an act or omission of a person other than the Crown or a person

specified in that subsection, if the act or omission is related, directly or

indirectly, to the exercise or performance, or intended exercise or

performance, of a power, duty or function under this Act or any of the alcohol,

cannabis, gaming and horse racing statutes.

Transition

(4) For

greater certainty, this section, as it read immediately before the day

subsection 29 (8) of

Schedule 9 to the Building Ontario

For You Act (Budget Measures), 2024 came into force, continues to apply

with respect to any matter to which it applied before that day.

Commission

liability

10.1

(1) No cause

of action arises against any current or former director, officer or employee of

the Commission for any act done in good faith in the exercise or performance,

or intended exercise or performance, of the person’s powers, duties or

functions under this Act or any of the alcohol, cannabis, gaming and horse

racing statutes or for any alleged neglect, default or other omission in the

exercise or performance in good faith of those powers, duties or functions.

Commission

vicariously liable

(2) This

section does not relieve the Commission of liability to which it would

otherwise be subject as a result of the acts or omissions of a person specified

in subsection (1).

Proceedings

barred

10.2

(1) No

proceeding shall be commenced,

(

a) against

any person specified in subsection 10 (1) in respect of a matter referred to in

that subsection;

(

b) against

the Crown or any person specified in subsection 10 (1) in respect of a matter

referred to in subsection 10 (3); or

(

c) against

any person specified in subsection 10.1 (1) in respect of a matter referred to

in the applicable subsection.

Same

(2) Subsection

(1) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, an injunction,

declaratory relief, a remedy in contract, restitution, unjust enrichment or

tort, a remedy for breach of trust or fiduciary obligation or any equitable

remedy, enforcement of a judgment, order or award made outside Ontario or any

form of compensation or damages including loss of revenue or profit.

(9) Subsection

12 (1) of the Act is amended by adding “or iGaming Ontario” after “the Ontario

Lottery and Gaming Corporation”.

(10) Section

12.1 of the Act is repealed and the following substituted:

Fiscal

year, audits

Fiscal

year

12.1

(1) The

Commission’s fiscal year begins on April 1 in a year and ends on March 31 in

the following year.

Audits

(2) The

accounts and financial transactions of the Commission shall be audited annually

by the Auditor General.

(11) Section

16 of the Act is repealed and the following substituted:

Regulations

16 The Lieutenant Governor

in Council may make regulations,

(

a) respecting

anything that, in this Act, may or must be prescribed, done, specified or

provided for in the regulations;

(

b) governing

transitional matters that may arise from the implementation of this Act,

including any amendments made to it, or from any repeal of a provision by

Schedule 2 to the Plan to Build Ontario Together Act, 2019 ;

(

c) respecting

any other matter necessary to facilitate the implementation of this Act.

Cannabis

Licence Act, 2018

Section 48 of the Cannabis Licence Act, 2018 is repealed.

Gaming

Control Act, 1992

(1) The definition of

“lottery subsidiary” in subsection 1 (1) of the Gaming

Control Act, 1992 is repealed.

(2) Subsection

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

Lottery

schemes of iGaming Ontario

(3) If

an investigation under this Act relates to a lottery scheme conducted and

managed by iGaming Ontario, iGaming Ontario and every employee or other person

retained by it shall facilitate the investigation.

(3) Subsection

46 (2) of the Act is amended by adding “or (3)” after “subsection 30 (2)”.

(4) The

Act is amended by striking out “the lottery subsidiary” wherever it appears and

substituting in each case “iGaming Ontario”.

Commencement and

Short Title

Commencement

32 The Act set out in this

Schedule

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

Governor.

Short

title

33 The

short title of the Act set out in

this

Schedule is the iGaming Ontario Act, 2024 .

SCHEDULE 10

INSURANCE ACT

Section 1 of the Insurance Act is amended by adding

the following

definitions:

“managing

general agent” means a corporation or partnership or an entity belonging to a

class prescribed by Authority rule that holds a managing general agent licence

issued under

Part XIV.1; (“agent général gestionnaire”)

“sub-managing

general agent” means a managing general agent that performs managing general

agent activities pursuant to an agreement with another managing general agent

or sub-managing general agent; (“sous-agent général gestionnaire”)

Subsection 34 (1) of the Act is amended by striking out “an insurer” and

substituting “an insurer, managing general agent” and by striking out “the

insurer” and substituting “the insurer, managing general agent”.

(1) Subsection 121 (1) of the Act is amended by adding the following

paragraph:

23.6.6 governing

excess insurance for the purposes of subsection 268 (6);

(2) Paragraph

37.1 of subsection 121 (1) of the Act is amended by striking out “or brokers”

in the portion before subparagraph i and substituting “brokers or managing

general agents”.

(3) Paragraph

37.4 of subsection 121 (1) of the Act is amended by striking out “and brokers”

and substituting “brokers and managing general agents”.

(1) Paragraph 11.1 of subsection 121.0.1 (1) of the Act is amended

by striking out “and agents” in the portion before subparagraph i and

substituting “agents and managing general agents”.

(2) Subsection

121.0.1 (1) of the Act is amended by adding the following paragraphs:

29.1 Prescribing

anything that, in

Part XIV.1, is required or permitted to be prescribed or to

be done in accordance with the Authority rules.

29.2 For

the purposes of

Part XIV.1,

i. establishing

standards for the performance of the regulated activities set out in

section

407.2,

ii. establishing

the roles and responsibilities of insurers, managing general agents,

sub-managing general agents and agents in the performance of the regulated

activities set out in

section 407.2, and

iii. for

the purposes of the standards and the roles and responsibilities established

under subparagraphs i and ii, prohibiting insurers, managing general agents,

sub-managing general agents and agents from performing regulated activities.

(3) Paragraph

68 of subsection 121.0.1 (1) of the Act is amended by striking out “or brokers”

in the portion before subparagraph i and substituting “brokers or managing

general agents”.

(4) Paragraph

71 of subsection 121.0.1 (1) of the Act is amended by striking out “and

brokers” and substituting “brokers and managing general agents”.

(5) Section

121.0.1 of the Act is amended by adding the following subsections:

Rules

re managing general agents’ licences

(4.1) The

Authority may make rules relating to licences authorizing a person to act as a

managing general agent in Ontario.

Transitional

rules

(4.2) The

Authority may make rules providing for transitional matters in connection with

the implementation of

Part XIV.1 and the amendments related to that Part made

by

Schedule 10 to the Building Ontario For You Act (Budget

Measures), 2024 .

(6) Subsection

121.0.1 (4.2) of the Act, as enacted by subsection (5), is repealed.

Subsection 134 (3) of the Act is repealed and the following substituted:

Where

note or cheque for premium not honoured

(3) If

a cheque, bill of exchange or promissory note is given, whether originally or

by way of renewal, for the whole or part of any premium and the cheque, bill of

exchange or promissory note is not honoured according to its tenor, the insurer

may terminate the contract promptly by giving written notice by,

(

a) registered

mail;

(

b) personal

delivery;

(

c) prepaid

courier, if there is a record by the person who has delivered it that the

notice has been delivered; or

(

d) electronic

means, if the insured consents to delivery by electronic means.

(1) Clause 5 (1) (

a) of the Statutory Conditions set out in

section

148 of the Act is repealed and the following substituted:

(

a) by

the insurer giving to the insured,

(i) 15

days notice of termination by registered mail, or

(ii) five

days written notice of termination,

(

A) personally

delivered,

(

B) delivered

by prepaid courier, if there is a record by the person who delivered it that

the notice has been delivered, or

(

C) delivered

by electronic means, if the insured consents to delivery by electronic means;

(2) Subsection

5 (5) of the Statutory Conditions set out in

section 148 of the Act is repealed

and the following substituted:

(5) The

15 days mentioned in subclause (1) (a) (

i) of this condition commences to run

on the day following the receipt of the registered letter at the post office to

which it is addressed.

(6) The

five days mentioned in subclause (1) (a) (ii) of this condition commences to

run on,

(

a) in

respect of delivery by prepaid courier, the day after the day there is a record

by the person who delivered it that the notice has been delivered; and

(

b) in

respect of delivery by electronic means, the day after the day the notice is

sent.

(3) Paragraph

2 of subsection 15 (2) of the Statutory Conditions set out in

section 148 of

the Act is amended by striking out “sent” at the end and substituting

“delivered”.

Clause 180 (1) (

b) of the Act is amended by striking out “or its authorized

agent” and substituting “its authorized agent or managing general agent”.

Section 222 of the Act is amended by striking out “agent or employee” and

substituting “agent, managing general agent or employee”.

Subsection 268 (6) of the Act is amended by adding “Except as provided in the Statutory Accident Benefits

Schedule ” at the beginning.

(1) Paragraph 2 of subsection 6 (2) of the Statutory Conditions set

out in

section 300 of the Act is amended by striking out “sent” at the end and

substituting “delivered”.

(2) Subsection

6 (2) of the Statutory Conditions set out in

section 300 of the Act is amended

by adding the following paragraph:

4. It

may be sent by electronic means if the insured consents to delivery by

electronic means.

(3) Subsection

6 (3) of the Statutory Conditions set out in

section 300 of the Act is repealed

and the following substituted:

(3) If

the notice of termination is personally delivered, delivered by prepaid courier

or delivered by electronic means to the insured, five days notice of

termination shall be given and, if delivered by prepaid courier, the five-day

period begins on the day after the day there is a record by the person who

delivered it that the notice has been delivered. If the notice is delivered by

electronic means to the insured, the five-day period begins on the day after

the day the notice is sent.

(4) If

the notice of termination is sent by registered mail to the insured, 15 days

notice of termination shall be given, and the 15-day period begins on the day

the registered letter or notification of it is delivered to the insured’s

address.

Subclause 303 (1) (b) (ii) of the Act is amended by striking out “sent” at the

end and substituting “delivered”.

Section 329 of the Act is amended by striking out “agent or employee” and

substituting “agent, managing general agent or employee”.

Subsection 394 (1) of the Act is amended by striking out “or broker” and

substituting “broker or managing general agent”.

Section 395 of the Act is amended by striking out “or broker” and substituting

“broker or managing general agent”.

Section 396 of the Act is amended by striking out “or broker” wherever it

appears and substituting in each case “broker or managing general agent”.

Subsection 397 (1) of the Act is amended by,

(

a) striking

out “fee established by the Minister” and substituting “applicable fee”; and

(

b) striking

out “an insurance agent under this Part” and substituting “an insurance agent

under this Part, a managing general agent under

Part XIV.1”.

Section 401 of the Act is amended by striking out “agent or adjuster” wherever

it appears and substituting in each case “agent, adjuster or managing general

agent”.

(1) The French version of subsection 402 (1) of the Act is amended

by adding “aux termes” after “il a droit”.

(2) Section

402 of the Act is amended by adding the following subsection:

Same,

managing general agent

(1.1) A

managing general agent that receives any money or substitute for money as a

premium from an agent pursuant to subsection (1) shall be deemed to hold such

premium in trust for the insurer, and, if the managing general agent fails to

pay the premium over to the insurer within 15 days after written demand made

upon the managing general agent, less any commission of the managing general

agent and any deductions to which, by the written consent of the company, the

managing general agent is entitled, such failure is proof, in the absence of

evidence to the contrary, that the managing general agent has used or applied

the premium for a purpose other than paying it over to the insurer.

(3) Section

402 of the Act is amended by adding the following subsection:

Same,

managing general agent

(3) A

managing general agent that receives any money or substitute for money for

payment to a person in respect of the contract of insurance shall be deemed to

hold such in trust for the person entitled thereto, and, if the managing

general agent fails to pay the money over to such person within 15 days after

written demand made upon the managing general agent, less any commission of the

managing general agent and any deductions to which the managing general agent

is entitled, such failure is proof, in the absence of evidence to the contrary,

that the managing general agent has used or applied the money for a purpose

other than paying it over to the person entitled.

(1) Subsection 403 (1) of the Act is amended by striking out “no

broker” and substituting “no broker or managing general agent”.

(2) The

French version of subsection 403 (1) of the Act is amended by striking out “ils

n’étaient pas des agents, ni des courtiers” and substituting “cette personne

n’était ni un agent, ni un courtier”.

(3) Section

403 of the Act is amended by adding the following subsection:

Same,

managing general agent

(2) No

insurer, and no officer, employee or agent thereof, and no broker or managing

general agent, shall directly or indirectly pay or allow, or agree to pay or

allow, compensation or anything of value to any person for acting or offering

to act as a managing general agent, who, at the date thereof, is not a managing

general agent, and whoever contravenes this subsection is guilty of an offence.

Section 407 of the Act is amended by striking out “or adjuster” and

substituting “adjuster or managing general agent”.

The Act is amended by adding the following Part:

PART XIV.1

MANAGING GENERAL AGENTS — LIFE INSURANCE AND ACCIDENT AND SICKNESS INSURANCE

Regulated

activities

407.2 For the purposes of

this Act, a person or entity is acting as a managing general agent in Ontario

when, pursuant to an agreement, the person or entity facilitates the sale of

life or accident and sickness insurance by engaging in any of the following

activities, or holds themself out as doing so:

1. Recruiting

agents or prospective agents.

2. Screening

agents or prospective agents to confirm the agent is suitable to carry on

business as an agent.

3. Providing

training to agents.

4. Supervising

or monitoring the activities of agents.

5. Entering

into written agreements with agents who sell or solicit life insurance or

accident and sickness insurance.

6. Recommending

agents to insurers to sell or solicit life or accident and sickness insurance.

7. Transmitting

an insurance application or a policy of insurance between an insurer licensed

for classes of life or accident and sickness insurance and an agent.

8. Such

other activities and functions as may be prescribed by Authority rule.

The Act is amended by adding the following section:

Prohibitions

Prohibition

re carrying on business

407.3

(1) No

person or entity shall carry on the business of acting as a managing general

agent for an insurer licensed for classes of life or accident and sickness

insurance in Ontario unless the person or entity has a managing general agent

licence.

Prohibition

re entering into agreements

(2) No

insurer licensed for classes of life or accident and sickness insurance shall

enter into an agreement with a person or entity to act as a managing general

agent unless the person or entity has a managing general agent licence.

Same

(3) No

insurer licensed for classes of life or accident and sickness insurance shall

enter into an agreement with a managing general agent that has entered into an

agreement with another person or entity to act as a sub-managing general agent

unless the other person or entity has a managing general agent licence.

Same

(4) No

managing general agent shall enter into an agreement with another person or

entity to act as sub-managing general agent unless the other person or entity

has a managing general agent licence.

The Act is amended by adding the following sections:

Managing

general agent’s licence

407.4

(1) A

corporation or partnership or an entity belonging to a class prescribed by

Authority rule may apply for a licence to act as a managing general agent in

Ontario.

Same,

scope of authority

(2) A

managing general agent’s licence authorizes the licensee to act as such in

accordance with the requirements of this Act, the regulations and the Authority

rules and subject to the restrictions applicable to the class of licence issued

to the licensee.

Classes

of managing general agent’s licence

(3) The

following classes of managing general agent’s licence may be issued under this

Part:

1. Licence

for life insurance and accident and sickness insurance.

2. Licence

for accident and sickness insurance.

Insurer’s

class of licence

(4) An

insurer for which a managing general agent acts as a managing general agent

itself must be licensed under this Act to undertake the applicable class of

life insurance or accident and sickness insurance.

Same

(5) A

be prescribed by Authority rule for the applicable class of licence, such

conditions as may be imposed by the Chief Executive Officer and such

requirements, including reporting requirements, as may be prescribed by

Authority rule for that class of licence.

Standards

of practice

(6) The

licensee shall comply with such standards of practice as may be prescribed by

Authority rule for the licence issued to the licensee.

Managing

general agent’s compliance system

(7) The

licensee shall establish and maintain a system that is reasonably designed to

ensure that the licensee and each sub-managing general agent and agent that has

an agreement with the licensee complies with this Act, the regulations, the

Authority rules and the conditions of the licensee’s licence.

Same

(8) The

compliance system referred to in subsection (7) must include provisions for the

monitoring of the compliance system of any sub-managing general agent that is

authorized to act pursuant to its agreement with the licensee.

Same

(9) The

compliance system referred to in subsection (7) must meet such requirements as

are prescribed by the Authority rules.

Same

(10) The

licensee shall meet such reporting requirements with respect to the compliance

system as may be prescribed by Authority rule.

Record-keeping

(11) The

licensee shall keep such records as may reasonably be required to demonstrate

compliance with its compliance system and any related Authority rules for a

reasonable period of time.

Reporting

requirement

(12) Within

30 days of entering into, amending or terminating a sub-managing general agent

agreement, the licensee shall provide the following to the Chief Executive

Officer:

1. Written

notice of the agreement, amendment or termination.

2. A

copy of the agreement and any amendment to i