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Bill 43, Build Ontario Act (Budget Measures), 2021

Bethlenfalvy, Hon. Peter Minister of Finance

Royal Assent received. Statutes of Ontario 2021,

chapter 40

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Bill 43 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 43 and does not form part of the law.

Bill 43 has been enacted as

Chapter 40 of the Statutes of Ontario, 2021.

SCHEDULE 1

ASSESSMENT ACT

The

Schedule amends the Assessment Act . New paragraph

4.0.1 of subsection 3 (1) of the Act provides a tax exemption for land leased

and occupied solely by a university if certain conditions are met. Paragraph 19

of subsection 3 (1) of the Act, which provides a tax exemption for land used

for forestry purposes, is amended to permit the Minister to prescribe a higher

number of acres.

The

definition of “pipe line” in subsection 25 (1) of the Act is amended by removing

the phrase “that is designated by the owner as a transmission pipe line” and

subsection 25 (2) of the Act is amended by removing the word “transmission”. Subsection

25 (3) of the Act is amended to provide that all disputes as to whether land is

a pipe line for the transportation or transmission of gas are to be decided by

the Ontario Energy Board on application and new subsection 25 (3.1) of the Act

sets out the conditions upon which an application to the Ontario Energy Board

may be made. New subsection 25 (3.2) of the Act provides for the deemed

application of the amended definition of “pipe line” in subsection 25 (1) of

the Act for the purposes of certain proceedings relating to an assessment of a

pipe line made by the assessment corporation for a taxation year prior to 2022.

SCHEDULE 2

BUSINESS CORPORATIONS ACT

The

Schedule amends the Business Corporations Act to

require certain corporations to prepare and maintain a register of individuals

with significant control over the corporation.

New

section 1.1 of the Act provides interpretive rules for determining which

individuals are individuals with significant control over a corporation.

New

section 140.2 of the Act sets out rules respecting the information that must be

included in the register of individuals with significant control, the way in

which the information is to be updated, and how the personal information in the

register is to be disposed of after an individual ceases being an individual

with significant control over the corporation.

New

section 140.3 of the Act governs requests for disclosure of information in the

register of individuals with significant control for law enforcement, tax

compliance or regulatory purposes.

New

section 140.4 of the Act permits the Minister to authorize a person to make

inquiries with respect to compliance with sections 140.2 and 140.3.

New

section 258.1 of the Act sets out offences and penalties in connection with the

register of individuals with significant control.

SCHEDULE 3

CITY OF TORONTO ACT, 2006

The

Schedule makes various amendments to the City of Toronto

Act, 2006 . The changes include the following:

1. Amendments

are made to

section 275 of the Act, which provides for the establishment of tax

ratios for the City, to allow the Minister of Finance to make regulations

prescribing methods for determining certain ratios, where currently the

regulation-making authority is limited to prescribing the ratios in question,

as well as regulations requiring the City to establish the tax ratios that are

specified in, or determined in accordance with, the regulations, despite the

rules set out in subsections 275 (6), (7) and (8) of the Act.

2. Currently,

section 333 of the Act allows the City to pass by-laws cancelling all or a

portion of taxes for municipal and school purposes levied on eligible

properties. Such by-laws may apply in respect of the rehabilitation period or

the development period for the property, or both, and may only apply to taxes

for school purposes if the approval of the Minister of Finance has been

obtained before the by-law is passed.

Section 333 also provides for various

procedural requirements with respect to these by-laws. Various amendments are

made to this section, which include replacing references to the “rehabilitation

period” and “development period” with reference to the “assistance period”,

which constitutes a new defined term; amending the

section to allow the

Minister of Finance to approve the application of a by-law to taxes for school

purposes even after the by-law has been passed; and adding regulation-making

authority to allow the Minister of Finance to prescribe circumstances in which

a by-law may apply with respect to taxes for school purposes without the

approval of the Minister of Finance.

SCHEDULE 4

CORPORATIONS TAX ACT

Currently,

subsection 4 (12) of the Corporations Tax Act

provides that if the liability of a corporation for tax under the Income Tax Act (Canada) is determined with reference to a

tax treaty, convention or agreement with another country, the corporation does

not have a permanent establishment in Ontario for the purposes of the Corporations Tax Act if it does not have such an

establishment for the purposes of the tax treaty, convention or agreement.

The

Schedule amends the Act to provide that subsection 4 (12) does not apply for

the purposes of the tax imposed under

section 74 of the Act. The amendment is

deemed to have come into force on January 1, 2020.

SCHEDULE 5

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020

The

Schedule makes various technical and other amendments to the Credit Unions and Caisses Populaires Act, 2020 . Here are

some highlights:

1. New

section 35.1 establishes rules for when a credit union may accept deposits from

a member in trust for a named beneficiary.

2. New

section 82.1 requires credit unions to make monthly provision for doubtful

loans and establish reserves.

Section

87, which governs the election of directors, and

section 89, which governs

directors’ terms of office, are re-enacted to provide that those matters are to

be provided for in the credit unions’ by-laws, subject to any Authority rules.

4. Certain

terminology is updated or corrected.

5. New

regulation-making powers and Authority rule-making powers are added.

6. New

section 283.1 provides that a regulation made under the Act may provide that a

matter that may be required, authorized or otherwise determined in accordance

with the regulations may be required, authorized or otherwise determined by

credit union by-law instead.

SCHEDULE 6

EDUCATION ACT

Currently,

clause 257.12 (1) (

c) of the Education Act allows

the Minister of Finance to make regulations prescribing rates for the purposes

of calculating payments in lieu of taxes for certain real property that is

exempt from taxation for school purposes. The

Schedule amends the Act by adding

a new subsection 257.12 (1.1.2), which provides that the tax rates prescribed

under that clause are the tax rates for school purposes that would be

applicable to the property to which the prescribed rate applies if the property

were taxable.

SCHEDULE 7

ELECTION FINANCES ACT

The

Election Finances Act is amended to repeal subsections

37.10.2 (4) and (5), which prohibit the sale of third party political

advertising by an advertiser when the sale would cause a third party to go over

its spending limits.

addition, subsection 40 (1) of the Act is amended to provide that the

requirement to appoint an auditor or specified auditing firm applies to a calendar

year for which a financial statement is required.

SCHEDULE 8

EMPLOYER HEALTH TAX ACT

Currently,

subsection 7 (1) of the Employer Health Tax Act

requires that interest be charged on debts payable under the Act in respect of

a particular year. Subsection 7 (1.1.1) currently provides that the amount of

interest payable in respect of a particular year ending after December 31, 2021

is to be calculated without regard to any amount not paid as an instalment for

the year, if the employer’s total Ontario remuneration for the prior year was

not more than $1,200,000. A new subsection 7 (1.3.1) sets out circumstances in

which subsection 7 (1.1.1) does not apply.

Currently,

subsection 30 (2) of the Act provides for a penalty if a person fails to

deliver a statement required by the Act. Subsections 30 (2.1) currently sets

out an exception for a year if the employer’s total Ontario remuneration for

the prior year was not more than $600,000 and subsection 30 (2.3) currently

sets out circumstances in which subsection (2.1) does not apply. Amendments are

made to provide that subsections 30 (2.1) and (2.3) apply with respect to years

beginning before January 1, 2022. New subsection 30 (2.1.1) sets out an

exception from subsection 30 (2) for a year ending after December 31, 2021, if

the employer’s total Ontario remuneration for the prior year was not more than

$1,200,000. A new subsection 30 (2.3.1) sets out circumstances in which

subsection 30 (2.1.1) does not apply.

SCHEDULE 9

EMPLOYMENT STANDARDS ACT, 2000

Section

23.1 of the Employment Standards Act, 2000 is

amended to increase the minimum wage on January 1, 2022. The minimum wage is

subject to an annual inflation adjustment on October 1 of every year starting

in 2022. The different minimum wage for employees who serve liquor is

eliminated.

SCHEDULE 10

FAR NORTH ACT, 2010

The

Schedule makes various amendments to the Far North Act,

2010 .

Section

5 of the Act currently requires, as part of the objectives of land use planning

in the Far North, that 225,000 square kilometres of the Far North be designated

as an interconnected network of protected areas in community based land use

plans. This requirement is removed from the objectives of land use planning in

the Far North.

Section

6 of the Act is amended to ensure that any contributions of traditional

knowledge and perspectives on protection, conservation and sustainable

development that are made by First Nations are considered during land use

planning carried out under the Act.

The

most significant amendments are those made with respect to the establishment of

a joint body under

section 7 of the Act.

Under

section 7 currently, discussions with the Minister relating to the

establishment of a joint body that would play an advisory role with respect to

land use planning in the Far North may be initiated by any First Nation meeting

the criteria set out in the section. The amendments require that the

discussions be initiated by at least seven First Nations that meet the criteria

set out in

section 7 and that they focus on the terms of reference that will

regulate the establishment and functions of the joint body. Subsection 7

(6) sets out the matters that are to be considered for inclusion in the terms of

reference of the joint body.

The

amendments provide that Indigenous organizations may participate in the

discussions.

The

amendments clarify that the first members of the joint body will be named in

the terms of reference and that the terms of reference will specify the

processes whereby members of the body may withdraw, be replaced and new members

may be added to the body.

The

joint body will be established for a term of five years or such shorter term as

may be specified in the terms of reference. The term of the body may be renewed

once or, if the length of the term is less than five years, two or more times

before the 10th anniversary of the day it was established. The joint body shall

be dissolved at the end of one of its terms, if the term is not renewed, or, at

the latest, on the 10th anniversary of the day it was established. The

amendments do provide for a subsequent joint body to be established if the

Minister and at least seven First Nations follow the process for establishing

it in accordance with subsection 7 (6.11).

Section

12 of the Act, which related to development in areas of the Far North for which

no community based land use plan was prepared under

section 9, is repealed.

SCHEDULE 11

FINANCIAL ADMINISTRATION ACT

The

Financial Administration Act is amended as follows:

1. The

definitions of the terms “non-cash expense” and “non-cash investment” in

subsection 1 (1) of the Act are amended and complementary and consequential

amendments are made to other provisions of the Act. Ontario Regulation 591/17

(Non-Cash Expenses) is also revoked.

2. A

technical amendment is made to

section 1.0.6 of the Act, which governs certain

requirements for the setting of fees.

Section

15 of the Act is amended to remove the requirement that certain payment

requests must be recommended by the Minister of Finance.

SCHEDULE 12

FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016

The

Financial Services Regulatory Authority of Ontario Act,

2016 is amended to include protections for whistle-blowers. A person or

entity is a whistle-blower if they disclose to the Chief Executive Officer, in

good faith, an alleged or intended contravention of

an Act listed in or

prescribed under the definition of “regulated sector” in subsection 1 (1) of

the Act, if they request that their identity be kept confidential and if the

Chief Executive Officer provides them with an assurance of confidentiality.

is prohibited to take a reprisal against a whistle-blower, whether directly or

indirectly, for making a disclosure to the Chief Executive Officer. The

Schedule sets out penalties for persons convicted of contravening the

prohibition.

Complementary

amendments are made to the Freedom of Information and

Protection of Privacy Act and the Mortgage

Brokerages, Lenders and Administrators Act, 2006 .

SCHEDULE 13

FRENCH LANGUAGE SERVICES ACT

The

Schedule amends the French Language Services Act . The

changes include the following:

1. The

Preamble is amended to add a recognition that cultural heritage of the French

speaking population is enriched by its diversity.

Section

2.1 is added to provide for directives to be issued to government agencies

governing services in French and other matters that may be prescribed.

Section

4 is replaced to provide for a regulation-making power dealing with the

translation of regulations.

4. Subsection

5 (1) is changed to extend the right to services in French to offices that are

designated by regulation.

5. Subsection

5 (1.1) is added to require agencies and institutions to take measures to bring

the availability of services in French to the attention of those who have a

right to such services in French.

Section

8, which provides for regulation-making authority, is amended. Changes include

providing for the areas where there is a right to services in French to be

designated in the regulations rather than in a

Schedule to the Act as amended

by the regulations.

7. Subsection

11 (2.1) is added to give a new function to the Minister in relation to

Francophone Affairs and the provision of services in French.

Section

12 is replaced to provide for a Ministry of Francophone Affairs instead of an

Office for Francophone Affairs. Subsection 11 (2) is amended to make some

functions of the Office of Francophone Affairs functions of the Minister.

Section

12.0.1 is added to make ministers accountable for the implementation of the Act

and the quality of French language services and to provide for reports.

Section

12.0.2 is added to continue the Provincial Advisory Committee on Francophone

Affairs.

Section

16 is added to provide for a review of the Act every 10 years.

12. Spent

provisions are repealed and consequential amendments are made.

SCHEDULE 14

INSURANCE ACT

The

Schedule amends the Insurance Act as follows:

The

Authority is given rule-making authority with respect to variable insurance

contracts and a corresponding regulation-making authority is repealed.

The

Statutory Conditions set out in sections 148 and 300 of the Act are amended to

provide when certain five-day notice periods begin.

Section

263 of the Act is amended to provide that insureds may elect, in accordance

with the regulations, not to recover damages under subsection 263 (2).

SCHEDULE 15

INTERIM APPROPRIATION FOR 2022-2023 ACT, 2021

The

Schedule enacts the Interim Appropriation for 2022-2023

Act, 2021 , which authorizes expenditures pending the voting of supply

for the fiscal year ending on March 31, 2023 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, 2023.

SCHEDULE 16

MUNICIPAL ACT, 2001

The

Schedule makes various amendments to the Municipal Act,

2001 . The changes include the following:

1. Amendments

are made to

section 308 of the Act, which provides for the establishment of tax

ratios for municipalities, to allow the Minister of Finance to make regulations

prescribing methods for determining certain ratios, where currently the

regulation-making authority is limited to prescribing or specifying the ratios

in question.

2. Currently,

section 365.1 of the Act allows municipalities to pass by-laws cancelling all

or a portion of taxes for municipal and school purposes levied on eligible

properties. Such by-laws may apply in respect of the rehabilitation period or

the development period for the property, or both, and may only apply to taxes

for school purposes if the approval of the Minister of Finance has been

obtained before the by-law is passed.

Section 365.1 also provides for various

procedural requirements with respect to these by-laws. Various amendments are

made to this section, which include replacing references to the “rehabilitation

period” and “development period” with reference to the “assistance period”,

which constitutes a new defined term; amending the

section to allow the

Minister of Finance to approve the application of a by-law to taxes for school

purposes even after the by-law has been passed; and adding regulation-making

authority to allow the Minister of Finance to prescribe circumstances in which

a by-law may apply with respect to taxes for school purposes without the

approval of the Minister of Finance.

SCHEDULE 17

MUNICIPAL PROPERTY ASSESSMENT CORPORATION ACT, 1997

The

Schedule amends

section 3 of the Municipal Property

Assessment Corporation Act, 1997 . New subsection 3 (6.1) of the Act

provides that the Municipal Property Assessment Corporation’s board of

directors is deemed to be properly constituted if there are at least nine

directors in office and the majority of those directors are municipal

representatives. Subsection 3 (7) of the Act is amended to provide that if the

conditions in subsection (6.1) are not met, but there are at least seven

directors in office, the board is deemed to be properly constituted for a

period not exceeding 90 days after the day the conditions in subsection

(6.1) are first not met.

SCHEDULE 18

ONTARIO NORTHLAND TRANSPORTATION COMMISSION ACT

The

Schedule amends the Ontario Northland Transportation

Commission Act . The amendments generally set out rules governing the Ontario

Northland Transportation Commission. Here are some highlights:

1. Subsection

2 (2) is amended to provide that the Commission shall be composed of not fewer

than three persons and not more than nine persons appointed by the Lieutenant

Governor in Council on the recommendation of the Minister.

2. Provisions

with respect to the Commission’s seal are repealed.

3. The

Act is amended with respect to by-laws, meetings, annual business plans and the

designation of a chair.

Section

2.1 is amended to include details of how the Corporations

Information Act

and the Business Corporations Act apply to the

Commission.

5. A

new subsection 3 (2) sets out rules regarding the resignation of a

commissioner.

6. The

provision providing for the appointment of an industrial commissioner is

repealed and replaced with a provision that provides for the appointment of a

provincial representative.

Section

21.1 is added to the Act to provide for the appointment of a chief executive

officer of the Commission.

8. A

new provision is added to the Act to limit the liability of commissioners,

officers and employees of the Commission.

SCHEDULE 19

SECURITIES COMMISSION ACT, 2021

The

Schedule amends the Securities Commission Act, 2021 .

Highlights include:

1. The

Ontario Securities Commission’s powers under the Business

Corporations Act or the Corporations Act may

be delegated to the Chief Executive Officer of the Commission or to another

Director within the meaning of the Securities Act .

2. The

composition of the board of directors is changed. The Chief Executive Officer

of the Commission may be a member of the board if the Commission’s by-laws so

provide.

3. The

Act is amended to provide that the Commission is not required to pay into the

Consolidated Revenue Fund money that is received or allocated for specified purposes.

4. A

provision is added to the Act requiring a periodic review of the matters the Minister

specifies with respect to the Act, the Securities Act

or the Commodity Futures Act or any other aspect of

the regulation of the capital markets.

Consequential

amendments are made to the Commodity Futures Act ,

the Corporations Act and the Securities

Act .

SCHEDULE 20

SUPPLEMENTARY INTERIM APPROPRIATION FOR 2021-2022 ACT, 2021

The

Schedule enacts the Supplementary Interim Appropriation

for 2021-2022 Act, 2021 , which authorizes expenditures pending the

voting of supply for the fiscal year ending on March 31, 2022 up to specified

maximum amounts. The expenditures authorized are in addition to those

authorized under the Interim Appropriation for 2021-2022

Act, 2020 . All expenditures made or recognized under the Interim Appropriation for 2021-2022 Act, 2020 and this

Act must be charged to the proper appropriation following the voting of supply

for the fiscal year ending on March 31, 2022.

SCHEDULE 21

TAXATION ACT, 2007

The

Schedule amends the Taxation Act, 2007 . Here are

some highlights.

Tax

credit for unused tuition and education tax credits

Section

8 of the Act currently sets out rules for determining the amount of

non-refundable tax credits. New paragraphs 13.1, 13.2 and 13.3 set out rules

for determining an individual’s entitlement to the tax credit for unused

tuition and education set out in subsection 9 (14). Those rules apply for

taxation years ending after December 31, 2017.

Subsection

9 (14.1) of the Act currently provides that an individual’s unused tuition and

education tax credit is nil for a taxation year that ends after December 31,

2017, if the individual is resident in a province other than Ontario on that

date. The subsection is amended, retroactive to January 1, 2018, to apply if

the individual is not a resident in Ontario on that date.

Bankruptcy

Section

20 of the Act currently sets out the Ontario tax reduction and subsection 20

(2) describes when an individual with a cohabiting spouse or common-law partner

may claim an amount in respect of a dependant. A new subsection 20 (2.1) sets

out rules that apply where one of the spouses or partners is a bankrupt at any

time in the calendar year containing the taxation year.

Amendments

are made to the following tax credit provisions with respect to calculating an

individual’s tax credit or determining the amount of an individual’s credit if

that individual is a bankrupt at any time in the calendar year containing the

taxation year for which the credit is being claimed: subsections 20 (8)

(Ontario tax reduction), 21.1 (2) (low-income individuals and families tax

credit), 103 (5) (Ontario focused flow-through share tax credit), 103.0.2 (4)

(Ontario childcare access and relief from expenses tax credit) and new

subsections 102 (5.1) (political contribution tax credit) and 103.0.1 (7.1)

(Ontario seniors’ public transit tax credit).

Eligibility

to claim certain tax credits

Subsections

20 (9) and 21.1 (2) of the Act are re-enacted to make changes with respect to

which individuals are not able to claim the Ontario tax reduction and the

low-income individuals and families tax credit.

Seniors’

home safety tax credit

Section

103.0.3 of the Act sets out the seniors’ home safety tax credit, which is

currently only available for the 2021 taxation year. The

section is amended to

make the tax credit available for taxation years ending after December 31, 2020

and before January 1, 2023.

Ontario

jobs training tax credit

Section

103.0.4 of the Act sets out the Ontario jobs training tax credit, which is

currently only available in respect of a taxation year that ends after December

31, 2020 and before January 1, 2022. The

section is amended to make the tax

credit available in respect of taxation years ending after December 31, 2020

and before January 1, 2023. A consequential amendment is made to paragraph 1.4

of subsection 84 (1).

Ontario

staycation tax credit

The

Act is amended to implement the Ontario staycation tax credit. The credit is

refundable and will apply for a taxation year ending after December 31, 2021

and before January 1, 2023.

The

credit is available in respect of qualifying tourism expenses of a qualifying

individual. The criteria for an individual to be a qualifying individual are

set out in new subsection 103.0.5 (2). To be a qualifying tourism expense, an

outlay or expense must be reasonably considered to be made for the provision of

a short-term accommodation or camping accommodation situated in Ontario and

must satisfy other conditions set out in new subsection 103.0.5 (5).

Consequential amendments are made to sections 84 and 176 of the Act.

Ontario

child benefit

Section

104 of the Act currently sets out the Ontario child benefit. Subsection 104

(1) currently defines a “shared-custody parent” to mean a parent who, among other

things, resides with a qualified dependant on an equal or near equal basis. An

amendment to the definition provides that the parent must reside with the

qualified dependant at least 40 per cent of the time in the month or on an

approximately equal basis with the other parent.

Bill 43 2021

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

Business

Corporations Act

Schedule 3

City

of Toronto Act, 2006

Schedule 4

Corporations

Tax Act

Schedule 5

Credit

Unions and Caisses Populaires Act, 2020

Schedule 6

Education

Act

Schedule 7

Election

Finances Act

Schedule 8

Employer

Health Tax Act

Schedule 9

Employment

Standards Act, 2000

Schedule 10

Far

North Act, 2010

Schedule 11

Financial

Administration Act

Schedule 12

Financial

Services Regulatory Authority of Ontario Act, 2016

Schedule 13

French

Language Services Act

Schedule 14

Insurance

Act

Schedule 15

Interim

Appropriation for 2022-2023 Act, 2021

Schedule 16

Municipal

Act, 2001

Schedule 17

Municipal

Property Assessment Corporation Act, 1997

Schedule 18

Ontario

Northland Transportation Commission Act

Schedule 19

Securities

Commission Act, 2021

Schedule 20

Supplementary

Interim Appropriation for 2021-2022 Act, 2021

Schedule 21

Taxation

Act, 2007

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and

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

(2) The

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

(3) If

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 Build Ontario Act (Budget Measures), 2021 .

SCHEDULE 1

ASSESSMENT ACT

(1) Subsection 3 (1) of the Assessment Act

is amended by adding the following paragraph:

Land

leased and occupied by universities, certain conditions

4.0.1 Land

leased and occupied solely by a university if the following conditions are

satisfied:

i. the

land forms part of the main campus of the university,

ii. the

land is used for administrative, educational or research purposes or such other

purposes as may be prescribed by the Minister,

iii. the

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

iv. such

other conditions as may be prescribed by the Minister.

(2) Paragraph

19 of subsection 3 (1) of the Act is amended by adding “or, if the Minister

prescribes a higher number, that number of acres” after “twenty acres”.

(1) The definition of “pipe line” in subsection 25 (1) of the Act is

amended by striking out “that is designated by the owner as a transmission pipe

line”.

(2) Subsection

25 (2) of the Act is amended by striking out “transmission”.

(3) Subsection

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

Disputes

(3) All

disputes as to whether land is a pipe line for the transportation or

transmission of gas shall, on the application of any interested party to the Ontario

Energy Board, be decided by the Board and the Board’s decision shall be final.

(4) Section

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

Same

(3.1) An

application under subsection (3) shall not be made to the Ontario Energy Board in

respect of a taxation year unless,

(

a) an

appeal in respect of an assessment of the same land for the same taxation year

has been made to the Assessment Review Board in accordance with

section 40; and

(

b) the

appeal has not been finally disposed of by the Assessment Review Board prior to

the application being made to the Ontario Energy Board.

Definition

of “pipe line”, deemed application

(3.2) The

definition of “pipe line”, as amended by subsection 2 (1) of

Schedule 1 to the Build Ontario Act (Budget Measures), 2021 , applies for

the purposes of the following matters as they relate to an assessment of a pipe

line made by the assessment corporation for a taxation year prior to 2022:

1. An

application made under subsection (3).

2. A

request made under

section 39.1.

3. An

appeal made under

section 40.

4. An

application made under

section 46.

5. An

application for tax relief made under the Municipal Act,

2001 , City of Toronto Act, 2006 or Provincial Land Tax Act, 2006 .

6. An

appeal made under

section 33 of the Ontario Energy Board

Act, 1998 arising from a decision of the Ontario Energy Board in an

application made under subsection (3).

7. Any

appeal or judicial review relating to any of the matters referred to in

paragraphs 1 to 6.

Commencement

(1) Subject to subsections (2), (3) and (4), this

Schedule comes

into force on the day the Build Ontario Act (Budget

Measures), 2021 receives Royal Assent.

(2) Subsection

1 (1) is deemed to have come into force on September 1, 2021.

(3) Subsection

2 (1) is deemed to have come into force on June 30, 2021.

(4) Subsection

2 (4) is deemed to have come into force on November 4, 2021.

SCHEDULE 2

BUSINESS CORPORATIONS ACT

The Business Corporations Act is amended by adding

the following section:

Interpretation:

individual with significant control

1.1

(1) For the

purposes of this section, a significant number of shares of a corporation is,

(

a) any

number of shares that carry 25 per cent or more of the voting rights attached

to all of the corporation’s outstanding voting shares; or

(

b) any

number of shares that is equal to 25 per cent or more of all of the

corporation’s outstanding shares measured by fair market value.

Individual

with significant control

(2) For

the purposes of this Act, any of the following individuals is an individual

with significant control over a corporation:

1. An

individual who has any of the following interests or rights, or any combination

of them, in respect of a significant number of shares of the corporation:

i. The

individual is the registered holder of the shares.

ii. The

individual is the beneficial owner of the shares.

iii. The

individual has direct or indirect control or direction over the shares.

2. An

individual who has any direct or indirect influence that, if exercised, would

result in control in fact of the corporation, as determined in accordance with

subsection (5).

3. An

individual to whom prescribed circumstances apply.

Interpretation,

direct or indirect control or direction

(3) The

Lieutenant Governor in Council may make regulations defining the terms used in

subparagraph 1 iii of subsection (2).

Joint

ownership or control

(4) Two

or more individuals are each considered to be an individual with significant

control over a corporation if, in respect of a significant number of shares of

the corporation,

(

a) an

interest or right, or a combination of interests or rights, referred to in

paragraph 1 of subsection (2) is held jointly by those individuals;

(

b) a

right, or a combination of rights, referred to in paragraph 1 of subsection

(2) is subject to an agreement or arrangement under which the right or rights are

to be exercised jointly or in concert by those individuals;

(

c) an

interest or right, or a combination of interests or rights, referred to in

paragraph 1 of subsection (2) is held by those individuals, each of whom is,

with respect to the others, an individual described in clause (

a) or (

b) of the

definition of “related person” in subsection 1 (1); or

(

d) any

other interest or right, or combination of interests or rights, is held by

those individuals in such manner as may be prescribed.

Control

in fact, par. 2 of subs. (2)

(5) Despite

subsection 1 (5), and subject to subsection (6), the determination of whether

an individual has direct or indirect influence that, if exercised, would result

in control in fact of the corporation,

(

a) shall

take into consideration all factors that are relevant in the circumstances; and

(

b) shall

not be limited to, and the relevant factors need not include, whether the

individual has a legally enforceable right or ability to effect a change in the

board of directors of the corporation, or its powers, or to exercise influence

over the shareholder or shareholders who have that right or ability.

Exception

(6) For

the purpose of determining whether an individual has direct or indirect

influence that, if exercised, would result in control in fact of a corporation,

where the corporation and the individual are dealing with each other at arm’s

length and the influence is derived from a franchise, licence, lease,

distribution, supply or management agreement or other similar agreement or

arrangement, the main purpose of which is to govern the relationship between

the corporation and the individual regarding the manner in which a business

carried on by the corporation is to be conducted, the corporation shall not be

considered to be controlled, directly or indirectly in any manner whatever, by

the individual by reason only of that agreement or arrangement.

Subsection 140 (1) of the Act is amended by striking out “and” at the end of

clause (d), by adding “and” at the end of clause (

e) and by adding the

following clause:

(

f) a

register of individuals with significant control over the corporation complying

with

section 140.2.

(1) The Act is amended by adding the following sections:

Register

of individuals with significant control

140.2

(1) A

corporation shall prepare and maintain, at its registered office or at another

place in Ontario designated by the directors, a register of individuals with

significant control over the corporation showing,

(

a) the

name, date of birth and latest known address of each individual with

significant control;

(

b) the

jurisdiction of residence, for tax purposes, of each individual with

significant control;

(

c) the

day on which each individual became and ceased to be an individual with

significant control, as the case may be;

(

d) a

description of how each individual is an individual with significant control,

including, as applicable, a description of their interests and rights in

respect of shares of the corporation;

(

e) any

other prescribed information; and

(

f) a

description of each step taken as required by subsection (3).

Regulations

(2) The

register shall be prepared and maintained in accordance with the regulations,

if any.

Updating

of information

(3) At

least once during each financial year of the corporation, the corporation shall

take reasonable steps, in accordance with the regulations, if any, to ensure

that it has identified all individuals with significant control over the

corporation and that the information in the register is accurate, complete and

up to date.

Recording

of information

(4) If

the corporation becomes aware of any information referred to in any of clauses

(1) (

a) to (

e) as a result of steps taken in accordance with subsection (3) or

through any other means, the corporation shall record that information in the

register within 15 days after becoming aware of it.

Information

from shareholders

(5) If

the corporation requests information referred to in any of clauses (1) (

a) to

(

e) from one of its shareholders, the shareholder shall, promptly and to the

best of their knowledge, reply accurately and completely.

Disposal

of personal information

(6) Within

one year after the sixth anniversary of the day on which an individual ceases

to be an individual with significant control over the corporation, the

corporation shall dispose of any of that individual’s personal information, as

defined in subsection 2 (1) of the Personal Information

Protection and Electronic Documents Act (Canada), that is recorded in

the register, unless any Act of the Parliament of Canada or the Legislature or

a court order provides for a longer retention period.

Inability

to identify individuals

(7) A

corporation shall take reasonable steps, in accordance with the regulations, if

any, if it is unable to identify any individuals with significant control over

the corporation.

Non-application

(8) This

section does not apply to a corporation,

(

a) that

is an offering corporation;

(

b) that

is a corporation that offers its securities to the public and is subject to an

Act of the legislature of a province relating to the regulation of securities;

(

c) whose

shares are listed on a designated stock exchange within the meaning of

subsection 248 (1) of the Income Tax Act (Canada);

(

d) that

is a wholly-owned subsidiary corporation of a corporation described in clause

(a), (

b) or (c); or

(

e) that

is a member of a prescribed class.

Disclosure

of register of individuals with significant control

140.3

(1) If a

corporation receives a request under this

section for disclosure of its

register of individuals with significant control, the corporation shall respond

to the request in accordance with this section.

Contents,

etc., of request

(2) A

request under this

section shall comply with any prescribed requirements, conditions

or restrictions.

Law

enforcement purposes

(3) A

member of a police force as defined in subsection 2 (1) of the Police Services Act , a First Nations Constable appointed

under

section 54 of that Act or a member of the Royal Canadian Mounted Police

may request disclosure of the register for the purpose of,

(

a) conducting

an investigation into an offence under a law of Ontario or Canada; or

(

b) providing

information contained in the register to a law enforcement agency in a

jurisdiction outside Ontario to assist that agency with a law enforcement

proceeding if the assistance is authorized under an arrangement, written

agreement, treaty or law of Ontario or Canada.

Tax

purposes

(4) An

official of the government of Ontario or Canada who is responsible for

administering or enforcing a law of Ontario or Canada that provides for the

imposition or collection of a tax, royalty or duty may request disclosure of

the register for the purpose of,

(

a) administering

or enforcing a law of Ontario or Canada that provides for the imposition or

collection of a tax, royalty or duty; or

(

b) providing

information contained in the register to officials of another jurisdiction in

or outside Canada to assist in the administration or enforcement of a law of

that jurisdiction that provides for the imposition or collection of a tax,

royalty or duty if the assistance is authorized under an arrangement, written

agreement, treaty or law of Ontario or Canada.

Regulatory

purposes

(5) A

regulatory body listed in subsection (6) may request disclosure of the register

for the purpose of,

(

a) administering

or enforcing a law for which the regulatory body is responsible;

(

b) assisting

another agency in Canada in the administration or enforcement of a law that is

similar to a law for which the regulatory body is responsible; or

(

c) providing

information contained in the register to an agency outside Canada to assist the

agency in the administration or enforcement of a law that is similar to a law

for which the regulatory body is responsible if the assistance is authorized

under an arrangement, written agreement, treaty or law of Ontario or Canada.

Same,

regulatory bodies

(6) The

regulatory bodies referred to in subsection (5) are the following:

1. The

Commission.

2. The

Financial Services Regulatory Authority of Ontario continued under the Financial Services Regulatory Authority of Ontario Act, 2016 .

3. The

Financial Transactions and Reports Analysis Centre of Canada established under

the Proceeds of Crime (Money Laundering) and Terrorist

Financing Act (Canada).

4. A

prescribed public officer, corporation, agency or other entity whose authority

to regulate is based on a law of Ontario or Canada.

Response

by corporation

(7) The

corporation shall respond to the request within the time period specified in

the request by providing the person making the request with a copy of the

register of individuals with significant control or with the information

contained in the register that is specified in the request.

Contents,

etc., of response

(8) The

corporation’s response shall comply with any prescribed requirements, conditions

or restrictions.

Inquiries

by Minister

140.4

(1) The

Minister may authorize a person to make any inquiries the person considers

necessary with respect to the enforcement of sections 140.2 and 140.3.

Duty

to respond

(2) A

person shall promptly respond to inquiries made under subsection (1).

(2) Subsection

140.3 (3) of the Act, as enacted by subsection (1), is amended by striking out

“A member of a police force as defined in subsection 2 (1) of the Police Services Act , a First Nations Constable appointed

under

section 54 of that Act or” in the portion before clause (

a) and

substituting “A member of a police service as defined in subsection 2 (1) of

the Community Safety and Policing Act, 2019 , a

First Nation Officer appointed under

section 101 of that Act or”.

Subsection 145 (1) of the Act is amended by striking out “subsection 140 (1)”

and substituting “subsection 140 (1), other than a register of individuals with

significant control described in clause 140 (1) (f)”.

The Act is amended by adding the following section:

Offences,

register of individuals with significant control

258.1

(1) A

corporation that, without reasonable cause, contravenes

section 140.2 is guilty

of an offence and on conviction is liable to a fine of not more than $5,000.

Failure

to disclose register

(2) A

corporation that, without reasonable cause, contravenes

section 140.3 is guilty

of an offence and on conviction is liable to a fine of not more than $5,000.

Failure

to respond to inquiry by Minister

(3) A

person who, without reasonable cause, contravenes

section 140.4 is guilty of an

offence and on conviction is liable to a fine of not more than $5,000.

Directors,

officers

(4) Every

director or officer of a corporation who knowingly authorizes, permits or acquiesces

in the contravention of

section 140.2, 140.3 or 140.4 by the corporation is

guilty of an offence, whether or not the corporation has been prosecuted or

found guilty, and is liable on conviction to a fine of not more than $200,000

or to imprisonment for a term of not more than six months, or to both.

Recording

of false information

(5) Every

director or officer of a corporation who knowingly records or knowingly

authorizes, permits or acquiesces in the recording of false or misleading

information in the register of the corporation required under

section 140.2 is

guilty of an offence and is liable on conviction to a fine of not more than

$200,000 or to imprisonment for a term of not more than six months, or to both.

Provision

of false or misleading information

(6) Every

director or officer of a corporation who knowingly provides or knowingly

authorizes, permits or acquiesces in the provision to any person or entity of

false or misleading information in relation to the register of the corporation

required under

section 140.2 is guilty of an offence and is liable on

conviction to a fine of not more than $200,000 or to imprisonment for a term of

not more than six months, or to both.

Shareholders

(7) Every

shareholder who knowingly contravenes subsection 140.2 (5) is guilty of an

offence and is liable on conviction to a fine of not more than $200,000 or to

imprisonment for a term of not more than six months, or to both.

Section 272 of the Act is amended by adding the following paragraphs:

29.5 respecting

the register of individuals with significant control over a corporation,

including requests for disclosure of the register, for the purposes of sections

1.1, 140.2 and 140.3;

29.6 respecting

the treatment, after the dissolution of a corporation, of the register of

individuals with significant control over the corporation and any personal

information it contains, including modifying the application of

section 236 in

connection with the disposal of and responsibility for records contained in the

register;

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on

January 1, 2023.

(2) Subsection

3 (2) comes into force on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE

CITY OF TORONTO ACT, 2006

(1) Subsections 275 (7) and (8) of the City of

Toronto Act, 2006 are amended by striking out “prescribed transition

ratio for the property class for the City” wherever it appears and substituting

in each case “transition ratio, for the property class for the City, that is

prescribed or determined in accordance with the regulations”.

(2) Paragraph 1 of subsection 275 (9) of the Act is

amended by striking out “prescribed average transition ratio” at the end and

substituting “average transition ratio that is prescribed or determined in

accordance with the regulations”.

(3) Clause

275 (17) (

e) of the Act is amended by adding “or prescribing a method for

determining such ratios” at the end.

(4) Subsection

275 (17) of the Act is amended by adding the following clause:

(

f) requiring

the City, despite subsections (6), (7) and (8), to establish, as the tax ratio

for the year for each property class specified in the regulations, the ratio

specified in the regulations for the property class or determined in accordance

with the regulations.

(5) Subsection

275 (18) of the Act is amended by striking out “ to (e)” and

substituting “to (f)”.

(1) Subsection 333 (1) of the Act is amended by adding the following

definition:

“assistance

period” means, with respect to an eligible property, the period of time

starting on the date on which the by-law under subsection (2) providing tax

assistance for the property is passed and ending on the earlier of,

(

a) the

date specified in the by-law, and

(

b) the

date that the tax assistance provided for the property equals the sum of,

(

i) the

cost of any action taken to reduce the concentration of contaminants on, in or

under the property to permit a record of site condition to be filed in the

Environmental Site Registry under

section 168.4 of the Environmental

Protection Act , and

(ii) the

cost of complying with any certificate of property use issued under

section

168.6 of the Environmental Protection Act ;

(“période d’aide”)

(2) The

definitions of “development period” and “rehabilitation period” in subsection

333 (1) of the Act are repealed.

(3) Subsection

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

By-law

to cancel taxes

(2) Subject

to subsection (7), the City may pass by-laws providing for the cancellation of

all or a portion of the taxes for municipal and school purposes levied during

the assistance period on one or more specified eligible properties, on such

conditions as the City may determine.

(4) Subsection

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

Notice

to Minister of Finance

(6) If

the City passes a by-law under subsection (2), it shall, within 30 days after

the passage of the by-law, give the Minister of Finance a copy of the by-law as

well as the following information:

1. An

estimate of the cost of the tax assistance to be provided under the by-law,

broken down by taxes levied for municipal purposes and, if applicable, taxes

levied for school purposes.

2. The

tax rates currently applicable to the eligible property and its assessment and

property class.

3. The

taxes currently levied on the eligible property for municipal purposes and for

school purposes.

4. Such

other information as may be prescribed by the Minister of Finance.

(5) Subsection

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

Approval

of Minister of Finance

(7) Except

in the circumstances prescribed by the Minister of Finance, a by-law passed

under subsection (2) is of no effect with respect to taxes for school purposes

unless the Minister of Finance has, in writing, approved its application to

taxes for school purposes.

Same

(7.1) The

Minister of Finance may give an approval referred to in subsection (7) before

or after the passage of the by-law, and the approval may be conditional upon

the by-law containing such conditions or restrictions with respect to taxes for

school purposes as the Minister considers appropriate.

Retroactivity

(7.2) An

amendment to a by-law passed under subsection (2) may be retroactive to a date

not earlier than the date on which the by-law was passed if the amendment is

made to include in the by-law any conditions or restrictions required by a

conditional approval of the Minister of Finance under subsection (7.1).

(6) Subsection

333 (8) of the Act is amended by striking out “to the Minister of Finance and”.

(7) Subsection

333 (20) of the Act is amended by striking out “and the City shall, within 30

days after receiving the notice, advise the Minister of Finance of the filing”

at the end.

(8) Subsection

333 (22) of the Act is amended by striking out “Subsections (6), (7) and (8)”

at the beginning and substituting “Subsections (6) to (8)”.

(9) Section

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

Notice

of repeal of by-law to Minister

(22.1) If

the City repeals a by-law passed under subsection (2), it shall, within 30 days

after passing the repealing by-law, give the Minister of Finance a copy of the

repealing by-law.

(10) Subsection

333 (24) of the Act is repealed and the following substituted:

Regulations

by Minister of Finance

(24) The

Minister of Finance may make regulations,

(

a) prescribing

information for the purposes of paragraph 4 of subsection (6);

(

b) prescribing

circumstances in which the approval of the Minister of Finance under subsection

(7) is not required.

(11) Subsection

333 (25) of the Act is repealed.

Commencement

This

Schedule comes into force on the day the Build

Ontario Act (Budget Measures), 2021 receives Royal Assent.

SCHEDULE 4

CORPORATIONS TAX ACT

Section 4 of the Corporations Tax Act is amended by adding the following

subsection:

Exception

— application of subs. (12), insurance corporations

(14) Despite

subsection (13), subsection (12) does not apply for the purposes of the tax

imposed under

section 74.

Commencement

This

Schedule is deemed to have come into force on January 1, 2020.

SCHEDULE 5

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 2020

The definition of “regulatory capital” in

section 1 of the Credit Unions and Caisses Populaires Act, 2020 is amended

by striking out “the regulations” at the end and substituting “the Authority

rules”.

by adding “with” before “subsection 23 (2)”.

The Act is amended by adding the following section:

Trusts

for named beneficiaries

35.1

(1) A credit

union may accept deposits from a member in trust for a named beneficiary only

if,

(

a) the

member holds, in trust for the beneficiary, the minimum number of membership

shares required by the by-laws of the credit union;

(

b) the

member and the beneficiary are related persons;

(

c) the

deposits are money the member is required to hold in accordance with subsection

57 (1) of the Law Society Act ; or

(

d) the

deposits are required or governed by

an Act of the Legislature or the

Parliament of Canada or by a regulation made under such

an Act.

Deposit

is separate for deposit insurance purposes

(2) A

deposit of a member in trust for a named beneficiary shall be deemed, for the

purpose of paragraph 2 of subsection 218 (2), to be a deposit separate from any

other deposit of the member.

Exercise

of rights of membership shares held in trust

(3) The

following apply with respect to membership shares held by a member in trust for

a beneficiary:

1. The

member shall exercise the rights attached to the shares, subject to paragraph

2. At

a meeting of members, the member does not have an additional vote as a result

of holding the membership shares in trust.

Disclosure

of beneficiary

(4) The

member shall disclose to the credit union such personal information concerning

the beneficiary as the credit union requires to comply with all applicable

laws.

Failure

to disclose

(5) A

credit union may refuse to accept or maintain a deposit made by a member in

trust for a named beneficiary if the member refuses or fails to provide the

information referred to in subsection (4).

Clause 69 (

c) of the Act is amended by striking out “a securities dealer,

investment dealer or broker” at the end and substituting “an investment

dealer”.

Subsection 73 (6) of the Act is repealed.

Subsection 77 (2) of the Act is amended by striking out “adequate capital and

liquidity” at the end and substituting “adequate and appropriate forms of

capital and liquidity”.

The Act is amended by adding the following section:

Provision

for losses and accrued interest

82.1 A credit union shall

make monthly provision for doubtful loans and establish reserves as required by

the Authority rules or the Authority by-laws.

Section 87 of the Act is repealed and the following substituted:

Election

of board

Subject

to the Authority rules, directors shall be elected in the manner provided in

the by-laws of the credit union.

Section 89 of the Act is repealed and the following substituted:

Term

of office, directors

Subject

to the Authority rules, directors shall hold office for such term as the

by-laws of the credit union provide.

(1) Subsection 98 (2) of the Act is amended by adding the following

paragraph:

3. Such

other matters as may be prescribed by regulation.

(2) Subsection

98 (3) of the Act is repealed.

Section 110 of the Act is amended by adding the following subsection:

exculpation

(2) No

provision in any contract, in any resolution or in the by-laws of a credit

union relieves a director, an officer, a committee member or an employee from a

duty under this

section or relieves that individual from liability for a breach

of a duty.

Section 130 of the Act is amended by striking out “by Authority rule” at the

end and substituting “by the board of the credit union, subject to the

Authority rules”.

Subsection 143 (7) of the Act is amended by striking out “Payments Canada”

wherever it appears and substituting in each case “Canadian Payments

Association”.

Clause 168 (4) (

b) of the Act is repealed.

Subsection 214 (6) of the Act is amended by striking out “prescribed by

regulation” at the end and substituting “approved under

section 168”.

(1) Subsection 277 (1) of the Act is amended by adding the following

clauses:

(e.1) authorizing

the Chief Executive Officer to require a credit union, a director of a credit

union or the board of a credit union to provide information or do a specified

thing;

(e.2) authorizing

the Chief Executive Officer to provide approvals or authorizations;

(2) Subsection

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

(h.1) governing

the limit on the number of membership shares that may be issued to a member of

the credit union;

(3) Subsection

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

(o.1) providing

for the removal of directors by the members of a credit union;

(4) Subsection

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

(o.2) prescribing

matters that shall or may be provided for in the by-laws of a credit union;

(5) Subsection

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

(p.1) governing

information to be provided by auditors to the Chief Executive Officer;

(6) Subsection

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

(s.1) prescribing

persons who are not eligible to be appointed as a receiver, a receiver and

manager or a liquidator of a credit union;

(7) Subsection

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

(s.2) governing

the duties of auditors present at meetings of members or shareholders;

The Act is amended by adding the following section:

Subdelegation

283.1 A regulation made under

this Act may provide that a matter that may be required, authorized or

otherwise determined in accordance with the regulations may be required,

authorized or otherwise determined by credit union by-law instead.

(1) Paragraph 10 of subsection 285 (1) of the Act is amended by

striking out “adequate capital and adequate and appropriate forms of liquidity”

at the end and substituting “adequate and appropriate forms of capital and

liquidity”.

(2) Subsection

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

14.1 Governing,

for the purposes of

section 82.1, the monthly provision for doubtful loans and

the establishment of reserves.

(3) Paragraph

43 of subsection 285 (1) of the Act is repealed and the following substituted:

43. Governing

the extent to which a credit union may undertake the business of insurance or

act as an agent for any person in placing insurance for the purposes of

section

Commencement

This

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

Lieutenant Governor.

SCHEDULE

EDUCATION ACT

Section 257.12 of the Education Act is amended by

adding the following subsection:

Payments

in lieu of taxes

(1.1.2) For

the purposes of calculating payments in lieu of taxes for real property that is

exempt from taxation for school purposes, the rates prescribed under clause (1)

(

c) for such property are the tax rates for school purposes that would be

applicable to the property if it were taxable.

Commencement

This

Schedule is deemed to have come into force on January 1, 2021.

SCHEDULE 7

ELECTION FINANCES ACT

Subsections 37.10.2 (4) and (5) of the Election Finances

Act are repealed.

Subsection 40 (1) of the Act is amended by adding “or with respect to a

calendar year for which a financial statement is required” after “leadership

contest”.

(1) Paragraph 10 of subsection 45.1 (1) of the Act is repealed and

the following substituted:

10. Subsection

37.10.2 (1).

(2) Paragraph

2 of subsection 45.1 (5) of the Act is repealed and the following substituted:

2. For

a contravention of subsection 22 (9), 37 (2) or 37.10.2 (1), $10,000 in the

case of an individual, and $100,000 in the case of a corporation or other

entity.

Commencement

This

Schedule comes into force on the day the Build

Ontario Act (Budget Measures), 2021 receives Royal Assent.

SCHEDULE 8

EMPLOYER HEALTH TAX ACT

(1) Subsection 7 (1.3) of the Employer Health

Tax Act is amended by adding “beginning before January 1, 2022” after

“for a particular year” in the portion before paragraph 1.

(2) Section

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

Same,

2022 and subsequent years

(1.3.1) Subsection

(1.1.1) does not apply to the following employers for a particular year ending

after December 31, 2021, if the condition specified with respect to the

employer is satisfied:

1. An

employer that was formed in the year as a result of an amalgamation under

section 87 of the Income Tax Act (Canada), if the

total Ontario remuneration for the prior year of at least one of the

predecessor corporations that amalgamated to form the employer in that year was

more than $1,200,000.

2. An

employer that acquired property in the year in the course of a winding-up to

which subsection 88 (1) or (2) of the Income Tax Act

(Canada) applies, if the total Ontario remuneration for the prior year of the

corporation that transferred the property to the employer in the year in the

course of the winding-up was more than $1,200,000.

3. An

employer that acquired property in the year as a result of a qualifying

exchange under

section 132.2 of the Income Tax Act

(Canada), if the total Ontario remuneration for the prior year of the

corporation or trust that disposed of the property to the employer in the year

was more than $1,200,000.

4. An

employer that acquired in the year all or substantially all of the property of

a transferor in a transfer to which subsection 85 (1) or (2) or 97 (2) of the Income Tax Act (Canada) applies, if the total Ontario

remuneration for the prior year of the transferor was more than $1,200,000.

(1) Subsection 30 (2.1) of the Act is amended by adding “beginning

before January 1, 2022” after “for a year”.

(2) Section

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

Exception,

2022 and subsequent years

(2.1.1) Subsection

(2) does not apply to an employer for a year ending after December 31, 2021, if

the employer’s total Ontario remuneration for the prior year was $1,200,000 or

less.

(3) Subsection

30 (2.3) of the Act is amended by adding “beginning before January 1, 2022”

after “for a particular year” in the portion before paragraph 1.

(4) Section

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

Same,

2022 and subsequent years

(2.3.1) Subsection

(2.1.1) does not apply to the following employers for a particular year ending

after December 31, 2021, if the condition specified with respect to the

employer is satisfied:

1. An

employer that was formed in the year as a result of an amalgamation under

section 87 of the Income Tax Act (Canada), if the

total Ontario remuneration for the prior year of at least one of the

predecessor corporations that amalgamated to form the employer in that year was

more than $1,200,000.

2. An

employer that acquired property in the year in the course of a winding-up to

which subsection 88 (1) or (2) of the Income Tax Act

(Canada) applies, if the total Ontario remuneration for the prior year of the

corporation that transferred the property to the employer in the year in the

course of the winding-up was more than $1,200,000.

3. An

employer that acquired property in the year as a result of a qualifying

exchange under

section 132.2 of the Income Tax Act (Canada),

if the total Ontario remuneration for the prior year of the corporation or

trust that disposed of the property to the employer in the year was more than

$1,200,000.

4. An

employer that acquired in the year all or substantially all of the property of

a transferor in a transfer to which subsection 85 (1) or (2) or 97 (2) of the Income Tax Act (Canada) applies, if the total Ontario

remuneration for the prior year of the transferor was more than $1,200,000.

Commencement

This

Schedule comes into force on the day the Build

Ontario Act (Budget Measures), 2021 receives Royal Assent.

SCHEDULE 9

EMPLOYMENT STANDARDS ACT, 2000

(1) Subsection 23.1 (1) of the Employment

Standards Act, 2000 is repealed and the following substituted:

Determination

of minimum wage

(1) The

minimum wage is the following:

1. On

or after January 1, 2022 but before October 1, 2022, the amount set out below

for the following classes of employees:

i. For

employees who are students under 18 years of age, if the student’s weekly hours

do not exceed 28 hours or if the student is employed during a school holiday,

$14.10 per hour.

ii. For

the services of hunting and fishing guides, $75.00 for less than five

consecutive hours in a day and $150.05 for five or more hours in a day, whether

or not the hours are consecutive.

iii. For

employees who are homeworkers, $16.50 per hour.

iv. For

any other employees not listed in subparagraphs i to iii, $15.00 per hour.

2. From

October 1, 2022 onward, the amount determined under subsection (4).

(2) Subsection

23.1 (1.1) of the Act is amended by striking out “subparagraphs 1 i and iv of

subsection (1)” and substituting “subparagraphs 1 i and iii of subsection (1)”.

(3) Subsection

23.1 (2) of the Act is amended by striking out “subparagraph 1 v of subsection

(1)” in the portion before clause (

a) and substituting “subparagraph 1 iv of

subsection (1)”.

(4) Subsection

23.1 (4) of the Act is amended by striking out “2020” and substituting “2022”.

(5) Subsection

23.1 (7) of the Act is amended by striking out “2019” and substituting “2021”.

Paragraph 2.0.1 of subsection 141 (1) of the Act is amended by striking out

“subparagraph 1 v of subsection 23.1 (1)” and substituting “subparagraph 1 iv

of subsection 23.1 (1)”.

Commencement

This

Schedule comes into force on January 1, 2022.

SCHEDULE 10

FAR NORTH ACT, 2010

(1) The definition of “Far North land use strategy” in

section 2 of

the Far North Act, 2010 is amended by striking out

“that is prepared under

section 8” and substituting “that may be prepared under

section 8”.

(2) The

definition of “Minister” in

section 2 of the Act is repealed and the following

substituted:

“Minister”

means the member of the Executive Council to whom responsibility for the

administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)

Paragraph 2 of

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

2. The

protection of areas of cultural value in the Far North and the protection of

ecological systems in the Far North by various means, including the designation

of protected areas in community based land use plans.

Section 6 of the Act is repealed and the following substituted:

Contributions

by First Nations

Contributions of traditional knowledge and perspectives on

protection, conservation and sustainable development made by First Nations for

the purposes of land use planning under this Act shall be considered as land

use planning is carried out under this Act .

(1) Subsections 7 (1) to (6) of the Act are repealed and the

following substituted:

Joint

body

(1) If

seven or more First Nations indicate to the Minister

their interest in the establishment of a joint body that would perform the

functions described in subsection (2) relating to land use planning in the Far

North, and their commitment to participate in the joint body once established, the

Minister shall participate in discussions with the First Nations regarding the

terms of reference of the joint body.

Functions

of the joint body

(2) The

joint body may perform any of the following functions that are set out in its

terms of reference:

1. Advising

those involved in land use planning under this Act on

the development, implementation and coordination of land use planning in the

Far North in accordance with this Act.

2. Such

other functions relating to the development, implementation and coordination of

land use planning in the Far North as may be set out in the terms of reference,

including making recommendations to those involved in land use planning under

this Act on the following:

i. matters

to be included in the Far North land use strategy, including statements that

may be issued as Far North policy statements.

ii. appropriate

dispute resolution processes for land use planning under this Act.

iii. funding

to support First Nations working with Ontario on land use planning in the Far

North.

First

Nations who initiate and participate in discussions

(3) A

First Nation may indicate its interest and commitment under subsection (1) and

participate in discussions under that subsection only if the First Nation,

(

a) has

one or more reserves in the Far North; or

(

b) despite

not having a reserve in the Far North, has agreed with the Minister under

subsection 9 (2) to prepare terms of reference to guide the preparation of a

land use plan.

Participation

of Indigenous organizations

(4) Upon

request by an Indigenous organization, and with the agreement of the Minister

and of the First Nations that participate in discussions under subsection (1),

the Indigenous organization may become a participant in the discussions.

Joint work on terms of reference

(5) The

Minister, First Nations and Indigenous organizations that participate in

discussions under subsection (1) shall work together to prepare the terms of reference

of the joint body.

Matters

to be discussed

(6) The

Minister, First Nations and Indigenous organizations that participate in

discussions under subsection (1) shall consider the following matters for

inclusion in the terms of reference of the joint body:

1. The

composition of the joint body including,

i. the

maximum and minimum numbers of members of the joint body, and

ii. the

criteria that a person must meet to become a member of the joint body.

2. Who

will be the first members of the joint body, and the processes for their

withdrawal and replacement and for the addition of new members to the joint

body.

3. The

term for which the joint body will be established and whether the term should

be for less than the five years referred to in subsection (6.7).

4. The

functions of the joint body referred to in subsection (2) that the Minister and

First Nations agree the joint body should perform.

5. The

working groups or subcommittees that should be established to assist the joint

body in carrying out its functions.

6. The

procedures to be followed by the joint body in carrying out its functions.

7. The

procedures for amending the terms of reference of the joint body.

8. Resources

required to carry out the functions of the joint body.

9. How

information related to the work of the joint body should be accessed or shared.

10. Any

other matters with respect to the functions of the joint body that the Minister

and First Nations agree should be addressed in the terms of reference.

Timeframe

to finalize terms of reference

(6.1) If

terms of reference for the joint body are not completed within 12 months after

the day on which the first meeting to discuss the terms of reference for the

joint body took place, the Minister and the First Nations that are participating

in the discussions at the end of the 12 months shall review the progress and

determine if they wish to continue to work together towards the completion of

the terms of reference.

Approval

of terms of reference

(6.2) Once

the terms of reference for the joint body have been completed, they shall be,

(

a) ratified

by resolution of the band councils of the seven or more First Nations that are

participating in the discussions of the terms of reference on the day the terms

of reference are completed;

(

b) if

any of the first members of the joint body represent a First Nation that is not

one of the seven or more First Nations referred to in clause (a), ratified by

resolution of the band council of that First Nation;

(

c) if

any of the first members of the joint body represent an Indigenous

organization, approved by the Indigenous organization; and

(

d) approved

by the Minister.

Establishment

of joint body

(6.3) Upon

the terms of reference being ratified and approved in accordance with

subsection (6.2), the joint body is established.

First

members of joint body

(6.4) The

first members of the joint body shall be named in the terms of reference.

Withdrawal,

replacement, etc. of members

(6.5) After

the joint body is established, the members of the joint body may withdraw and

be replaced, and new members may be added, in accordance with the terms of

reference.

Amendments

to terms of reference

(6.6) The

joint body may amend its terms of reference in accordance with the terms of

reference and with the approval of the Minister.

Term

of joint body

(6.7) The

joint body shall be established for a term of five years or for such shorter

term as may be set out in the terms of reference.

Renewal

of term

(6.8) Before

the end of the joint body’s first term, the Minister and the First Nations who

have members on the joint body may agree to continue the joint body for a

further term of no more than five years and the joint body shall amend its

terms of reference in accordance with subsection (6.6) to provide for its

continuance and to specify the length of its further term.

Same,

further renewals

(6.9) If

the joint body is established or continued for a term of less than five years,

subsection (6.8) applies with necessary modifications to allow for the

continuation of the joint body for further terms but the joint body shall not

be continued past the 10th anniversary of the day of its establishment.

Dissolution

of joint body

(6.10) The

joint body shall be dissolved on,

(

a) the

10th anniversary of the day of its establishment; or

(

b) the

last day of a term of the joint body that falls before the 10th anniversary of

its establishment, if the term is not renewed in accordance with subsection

(6.8) or (6.9).

Establishment

of subsequent joint body

(6.11) After

the joint body is dissolved, seven or more First Nations may indicate to the

Minister their interest in the establishment of a subsequent joint body that

would perform the functions described in subsection (2) relating to land use

planning in the Far North, and their commitment to participate in that

subsequent joint body once established, and,

(

a) the

Minister shall participate in discussions with the First Nations regarding the

terms of reference of that joint body; and

(b) subsections

(3) to (6.10) apply with necessary modifications to the establishment of that

joint body.

(2) Subsection

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

Far

North policy statements

(7) The

Minister may submit a statement to the Lieutenant Governor in Council and, with

the approval of the Lieutenant Governor in Council, issue the statement as a

Far North policy statement if,

(

a) the

joint body, pursuant to its function described in subparagraph 2 i of

subsection (2), recommends to the Minister that the statement be issued as a

Far North policy statement;

(

b) the

Minister is of the opinion that the statement takes into account the objectives

set out in

section 5; and

(

c) the

statement relates to any of the following matters:

(

i) cultural

and heritage values,

(ii) ecological

systems, processes and functions, including considerations for cumulative

effects and for climate change adaptation and mitigation,

(iii) the

interconnectedness of protected areas,

(iv) biological

diversity,

(

v) areas

of natural resource value for potential economic development,

(vi) electricity

transmission, roads and other infrastructure,

(vii) tourism,

and

(viii) other

matters that are relevant to land use planning under this Act if the Minister

and the joint body agree to the matters.

(3) The

North land use policy statement” and substituting “Far North policy statement”.

(4) Section

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

Same

(12) After

the joint body is dissolved, a Far North policy statement may be amended in

accordance with a prescribed process.

Subsections 8 (1) and (2) of the Act are repealed and the following

substituted:

Far

North land use strategy

(1) The

Minister may prepare a strategy to assist in the preparation of land use plans

in the Far North under

section 9 and to guide the integration of matters that

are beyond the geographic scope of the planning area of each of those land use

plans.

Objectives

to consider

(2) The

Minister shall ensure that the objectives set out in

section 5 and the advice, if

any, provided by the joint body on matters related to the strategy are taken

into account in the preparation of the strategy.

Subsection 9 (22) of the Act is repealed.

Subsection 10 (1) of the Act is amended by striking out “the prescribed

requirements and restrictions” at the end and substituting “any prescribed

requirements and restrictions”.

Section 12 of the Act is repealed.

Subsection 13 (4) of the Act is repealed and the following substituted:

Withdrawing

land from mining claim registration

(4) If

the Minister makes an order under subsection (2) with respect to an area,

(

a) the

Minister shall request the Minister responsible for the administration of the Mining Act to make an order under that Act withdrawing

the area from mining claim registration under that Act; or

(

b) if

the Minister is responsible for the administration of both this Act and the Mining Act , the Minister may make an order in accordance

with that Act withdrawing the area from mining claim registration under that

Act.

(1) Subsection 14 (1) of the Act is amended by striking out “the

permitted activities” at the end and substituting “any permitted activities”.

(2) Paragraphs

1 and 2 of subsection 14 (2) of the Act are repealed and the following

substituted:

1. Prospecting,

mining claim registration or mineral exploration.

2. Opening

a mine if:

i. the

person is required to file a closure plan for the mine under

section 141 of the

Mining Act in order to commence or recommence mine

production, and

ii. the

Director did not acknowledge receipt of a closure plan for the mine under

section 141 of the Mining Act before January 31,

(3) Section

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

Definition,

mine production

(2.1) In

paragraph 2 of subsection (2),

“mine

production” means mining that produces any mineral or mineral-bearing substance

for immediate sale or stockpiling for future sale, and includes the development

of a mine for such purposes.

(4) Subsection

14 (3) of the Act is amended by striking out “recorded, issued, or granted” in

the portion before clause (

a) and substituting “registered, recorded, issued or

granted”.

(5) Clause

14 (5) (

b) of the Act is amended by striking out “six months” at the beginning

and substituting “nine months”.

Subsection 22 (4) of the Act is repealed.

Revocations

The following regulations made under the Act are revoked:

1. Ontario

Regulation 117/11 (Prohibited Developments: Opening a Mine).

2. Ontario

Regulation 3/16 (Minister’s Order).

Commencement

This

Schedule comes into force on the day the Build

Ontario Act (Budget Measures), 2021 receives Royal Assent.

SCHEDULE 11

FINANCIAL ADMINISTRATION ACT

(1) The definition of “non-cash expense” in subsection 1 (1) of the Financial Administration Act is repealed and the

following substituted:

“non-cash

expense” means an expense not requiring an outlay of money or the incurring of

a liability to pay money; (“frais hors trésorerie”)

(2) The

definition of “non-cash investment” in subsection 1 (1) of the Act is repealed

and the following substituted:

“non-cash

investment” means an investment not requiring an outlay of money or the

incurring of a liability to pay money; (“élément d’investissement hors

trésorerie”)

Subsection 1.0.6 (1) of the Act is amended by adding “or other public officer”

after “Crown” in the portion before clause (a).

(1) Subsection 11.1 (3) of the Act is repealed and the following

substituted:

Authority

to recognize non-cash expenses

(3) The

Crown may recognize non-cash expenses.

(2) Subsection

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

Authority

to recognize non-cash investments

(4) The

Crown may recognize non-cash investments.

(3) Section

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

Other

appropriations

(4.1) Despite any other Act, subsections (3) and (4) do not prevent the Crown from

charging a non-cash-expense or a non-cash investment to an appropriation that

would authorize the non-cash expense or non-cash investment in the absence of

subsection (3) or (4).

Subsection 15 (3) of the Act is amended by striking out “On the recommendation

of the Minister of Finance” at the beginning.

Section 16.0.2 of the Act is amended by adding the following paragraph:

1.2 Whether

a ministry or public entity is required to recognize a non-cash expense or

non-cash investment.

(1) Clauses 38 (1) (a.1), (a.2) and (c.2) of the Act are repealed.

(2) Subsection

38 (2) of the Act is repealed.

Revocation

Ontario Regulation 591/17 (Non-Cash Expenses) is revoked.

Commencement

This

Schedule comes into force on the day the Build

Ontario Act (Budget Measures), 2021 receives Royal Assent.

SCHEDULE 12

FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016

(1) Clause 6 (2) (

b) of the Financial Services

Regulatory Authority of Ontario Act, 2016 is repealed and the following

substituted:

(

b) administer

and enforce this Act and every other Act that confers powers on or assigns duties

to the Authority, except to the extent that the powers or duties are assigned

to or conferred on the Chief Executive Officer.

(2) Clause

10 (2) (

b) of the Act is amended by striking out “under any Act” at the end and

substituting “under this Act or any other Act”.

(3) The

Act is amended by adding the following sections:

Whistle-blower,

interpretation

20.5 For the purposes of

sections 20.6 to 20.8, a person or entity is a whistle-blower if,

(

a) the

person or entity discloses to the Chief Executive Officer, in good faith, an

alleged or intended contravention of

an Act listed in or prescribed under the

definition of “regulated sector” in subsection 1 (1);

(

b) the

person or entity requests that their identity as a whistle-blower be kept

confidential; and

(

c) the

Chief Executive Officer provides the person or entity with an assurance of

confidentiality, subject to

section 20.8.

Whistle-blowing

protection in the regulated sectors

reprisal

20.6

(1) No

person or entity shall take a reprisal against a whistle-blower, whether

directly or indirectly, for making a disclosure described in clause 20.5 (

a) including, without limitation, a reprisal consisting of,

(

a) terminating

or threatening to terminate the whistle-blower’s employment, contract, position

or office;

(

b) demoting,

disciplining or suspending, or threatening to demote, discipline or suspend, a

whistle-blower from their employment, position or office;

(

c) imposing

or threatening to impose a penalty, or withholding or threatening to withhold a

benefit, related to the whistle-blower’s employment, contract, position or

office;

(

d) intimidating

or coercing a whistle-blower in relation to their employment, contract,

position or office; or

(

e) otherwise

detrimentally affecting the whistle-blower by any act or failure to act,

regardless of whether the act or failure to act is related to the

whistle-blower’s employment, contract, position or office, if any.

Prohibition

re agreements

(2) A

provision in an agreement, including a confidentiality agreement, is void to

the extent that it precludes or purports to preclude a person or entity from,

(

a) making

a disclosure described in clause 20.5 (a);

(

b) co-operating

with a regulatory, civil or criminal investigation, examination or inspection

in respect of a disclosure described in clause 20.5 (a);

(

c) giving

evidence in a proceeding in respect of a disclosure described in clause 20.5

(a), or

(

d) providing

information, documents or things to the Chief Executive Officer in respect of a

disclosure described in clause 20.5 (a).

Actions

relating to reprisal

(3) If

a person or entity has taken a reprisal or is alleged to have taken a reprisal

against a whistle-blower in contravention of subsection (1), without limiting

the actions the whistle-blower may otherwise take, the whistle-blower may,

(

a) make

a complaint to be dealt with by final and binding settlement by arbitration

under a collective agreement or any other agreement which provides for such a

resolution; or

(

b) bring

a civil proceeding in the Superior Court of Justice.

Burden

of proof

(4) In

an arbitration or civil proceeding under subsection (3), the person or entity

that is alleged to have contravened subsection (1) has the burden of proving

that they did not take a reprisal against the whistle-blower.

Remedies

(5) The

arbitrator or court may, in addition to any other remedy, order one or more of

the following:

1. Reinstatement

of the whistle-blower to their employment, contract, position or office, with

the same seniority status that the whistle-blower would have had if the

reprisal had not been taken.

2. Payment

to the whistle-blower of two times the amount of compensation the

whistle-blower would have been paid in connection with their employment,

contract, position or office between the date of the reprisal and the date of

the order if the reprisal had not taken place, with interest.

3. Payment

to the whistle-blower of compensation, in the amount the arbitrator or court

considers just, having regard to the reprisal to which the complaint or

proceeding relates and any loss attributable to it.

Same

(6) For

the purpose of paragraph 3 of subsection (5), loss attributable to a reprisal

is deemed to include,

(

a) any

expenses reasonably incurred by the whistle-blower as a result of the reprisal;

and

(

b) the

loss of any benefit the whistle-blower might reasonably have expected to have

had if not for the reprisal.

civil liability

20.7 A whistle-blower is not

liable in any civil proceeding for making a disclosure described in clause 20.5

(

a) or making a complaint or bringing a civil proceeding under subsection 20.6

(3).

Confidentiality

re: whistle-blowers

20.8

(1) The

Chief Executive Officer shall keep confidential and shall not disclose the

identity of a whistle-blower or any information or record that may reasonably

be expected to reveal the identity of a whistle-blower.

Exception

(2) Despite

subsection (1), the Chief Executive Officer may disclose a whistle-blower’s

identity if,

(

a) the

whistle-blower consents to the disclosure; or

(

b) the

disclosure is made to a law enforcement agency because the Chief Executive

Officer has reasonable grounds to believe that the whistle-blower has committed

an offence under the Criminal Code (Canada) or

under

an Act listed in or prescribed under the definition of “regulated sector”

in subsection 1 (1) that is related to the whistle-blower’s disclosure under

clause 20.5 (a).

Confidentiality

in proceedings

(3) A

court presiding over a proceeding in respect of an offence under

section 20.10

shall keep confidential and shall not disclose the identity of a whistle-blower

or any information that may reasonably be expected to reveal the identity of a

whistle-blower unless the court determines that the disclosure is necessary to

show that a person did not commit the offence with which they are charged.

Protection

against further disclosure

(4) A

person or entity to whom the identity of a whistle-blower, or any information

that may reasonably be expected to reveal the identity of a whistle-blower, has

been disclosed shall not disclose the identity or the information to any other

person or entity.

Compellable

witness

(5) Despite

anything else in this section, a whistle-blower is a compellable witness.

Protection

against examination re identity, etc.

(6) No

witness in a proceeding under

an Act listed in or prescribed under the

definition of “regulated sector” in subsection 1 (1) may be examined respecting

the witness’s knowledge or belief about the existence or identity of a

whistle-blower.

Examinations,

investigations and inquiries

20.9

(1) The

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

may conduct examinations or investigations and make inquiries for the purpose

of enforcing subsection 20.6 (1) and may require any person or entity to,

(

a) provide

any information that the Chief Executive Officer or designated person considers

relevant to the examination, investigation or inquiry; and

(

b) produce

any document or thing that may be in the person’s or entity’s possession or

under the person’s or entity’s control that the Chief Executive Officer or

designated person considers relevant to the examination, investigation or

inquiry.

Entrance

to business premises

(2) The

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

may, at any reasonable time, enter and have access to, through and over any

business premises if the Chief Executive Officer or designated person has

reasonable grounds to believe the premises contain any information, documents

or things relevant to the examination, investigation or inquiry.

Private

residence

(3) Subsection

(2) is not authority to enter a private residence without the occupier’s

consent.

Copies

(4) A

copy of any written or recorded material found in an examination, investigation

or inquiry and purporting to be certified by the Chief Executive Officer or a

person designated by the Chief Executive Officer is admissible in evidence in

any proceeding for all purposes for which the original would have been

admissible.

Offence

— reprisal

20.10

(1) A person

who contravenes subsection 20.6 (1) is guilty of an offence.

Liability

of directors and officers

(2) If

a corporation commits an offence under subsection (1), every director or

officer of the corporation who directed, authorized, assented to, acquiesced in

or participated in the commission of the offence, or who failed to take

reasonable care to prevent the corporation from committing the offence, is

guilty of an offence, whether or not the corporation has been prosecuted or

convicted.

Liability

of directing individuals

(3) Every

partner of a partnership and every individual who is a member of the directing

body of an entity, other than a person or partnership, who directed,

authorized, assented to, acquiesced in or participated in the commission of an

act or omission by the partnership or entity which, if committed by a person,

would be an offence under subsection (1), is guilty of an offence.

Limitation

(4) No

proceeding under this

section shall be commenced more than two years after the

day the Chief Executive Officer became aware of the facts upon which the

proceeding is based.

Penalties

for offences

For

an individual

20.11

(1) Every

individual convicted of an offence under this Act is liable to a fine of not

more than $100,000 or imprisonment for a term of not more than one year or both

a fine and imprisonment.

For

a corporation

(2) Every

corporation convicted of an offence under this Act is liable to a fine of not

more than $200,000.

Additional

order for compensation or restitution

20.12

(1) If a

person is convicted of an offence under

section 20.10, the court may order the

person convicted to pay compensation or make restitution in such amount and on

such conditions as the court considers just, in addition to any other penalty

imposed by the court.

Enforcement

of orders

(2) An

order for payment under subsection (1), exclusive of the reasons for the order,

may be filed in the Superior Court of Justice and on filing is enforceable as

an order of that court.

Payment

to insurer

(3) If

an order for compensation or restitution is made in favour of a person or

entity who has received an amount from an insurer who is licensed under the Insurance Act in respect of the matter, the person

required by the order to pay the compensation or make the restitution shall

deliver the amount payable under the order to the insurer.

Civil

remedy

(4) No

civil remedy for

an act or omission is affected by reason only that an order

for compensation or restitution under this

section has been made in respect of

that act or omission.

(4) Subsection

20.11 (1) of the Act, as enacted by subsection (3), is amended by striking out

“$100,000” and substituting “$500,000”.

(5) Subsection

20.11 (2) of the Act, as enacted by subsection (3), is amended by striking out

“$200,000” and substituting “$1,000,000”.

Complementary

Amendments

Freedom

of Information and Protection of Privacy Act

Subsection 67 (2) of the Freedom of Information and

Protection of Privacy Act is amended by adding the following paragraph:

6.1

Section

20.8 of the Financial Services Regulatory Authority of

Ontario Act, 2016 .

Mortgage

Brokerages, Lenders and Administrators Act, 2006

The following provisions of the Mortgage Brokerages,

Lenders and Administrators Act, 2006 are repealed:

1. Sections

46 and 47.

2. Paragraph

11 of subsection 48 (1).

Commencement

Commencement

This

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

Lieutenant Governor.

SCHEDULE 13

FRENCH LANGUAGE SERVICES ACT

1 The

Preamble to the French

Language Services Act is amended by adding “and

whereas it is recognized

that the cultural heritage of the French speaking population is enriched by its

diversity;” after “generations;”.

(1) The definition of “Commissioner” in

section 1 of the Act is

repealed.

(2) The

definition of “Minister” in

section 1 of the Act is repealed and the following

substituted:

“Minister”

means the Minister of Francophone Affairs; (“ministre”)

The Act is amended by adding the following section:

Directives

to government agencies

2.1

(1) The

Treasury Board or Management Board of Cabinet may issue directives to

government agencies,

(

a) governing

the provision of services in French, including, for greater certainty,

communications with the public that are services within the meaning of the

definition of “service” in

section 1;

(

b) governing

any matter prescribed by regulation for the purposes of this clause.

General

or particular

(2) A

directive issued under subsection (1) may be general or particular in its

application.

Status

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply with respect to directives issued under subsection (1).

Compliance

required

(4) Each

government agency shall ensure that it complies with any directives issued

under subsection (1).

Subsection 3 (2) of the Act is amended by striking out “introduced after the 1st

day of January, 1991”.

Section 4 of the Act is repealed and the following substituted:

Regulations

in French

(1) The

Lieutenant Governor in Council may make regulations,

(

a) requiring

(

b) requiring,

for regulations that have already been made but that are not bilingual, that a

French version be added by the regulation-making authority.

Exemptions

(2) Regulations

made under subsection (1) may provide for exemptions from requirements made by

such regulations and may prescribe conditions for any such exemptions.

(1) Subsection 5 (1) of the Act is repealed and the following

substituted:

Right

to services in French

(1) A

person has the right in accordance with this Act to communicate in French with,

and to receive available services in French from, any office of a government agency

or institution of the Legislature,

(

a) that

is a head or central office;

(

b) that

is located in or serves an area designated by regulation for the purposes of

this clause; or

(

c) that

is designated by regulation for the purposes of this clause.

(2) Section 5 of the Act is amended

by adding the following subsection:

Active

offer of services in French

(1.1) If

a person has a right under subsection (1) to receive services in French from an

office of a government agency or institution of the Legislature, the agency or

institution shall do the following to bring the availability of those services

in French to the attention of the person from the time contact is first made

between the person and the office:

1. Take

measures prescribed for the purposes of this paragraph.

2. Take

such other measures as the agency or institution considers appropriate.

(1) Section 8 of the Act is amended by striking out the portion

before clause (

a) and substituting the following:

Regulations

The

Lieutenant Governor in Council may make regulations generally for the better

administration of this Act and, without limiting the generality of the

foregoing, may make regulations,

. . . .

(2) Section

8 of the Act is amended by adding the following clause:

(a.1) prescribing matters for the purposes of

clause 2.1 (1) (b);

(3) Clause

8 (

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

(

b) designating areas for the purposes of

clause 5 (1) (b);

(b.1) designating

offices for the purposes of clause 5 (1) (c);

(4) Section

8 of the Act is amended by adding the following clause:

(b.2) prescribing

measures for the purposes of paragraph 1 of subsection 5 (1.1);

(5) Section

8 of the Act is amended by adding the following clause:

(

d) governing

the provision of services in French under a contract with a person who has

agreed to provide services on behalf of a government agency, including the

circumstances in which the agency may enter into such a contract.

(1) Subsection 11 (2) of the Act is amended by adding the following

clauses:

(

d) review

the availability and quality of French language services and make

recommendations for their improvement;

(d.1) make

recommendations relating to regulations under this Act;

(d.2) require

non-profit corporations and similar entities, facilities, homes and colleges

referred to in the definition of “government agency” in

section 1 to furnish to

the Ministry information that may be relevant in the formulation of

recommendations respecting their designation as public service agencies;

(2) Section

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

Same

(2.1) The

Minister may promote, develop or participate in such activities, projects and

programs as the Minister considers appropriate in relation to Francophone affairs

and the provision of services in French.

(3) Subsection 11 (3) of the Act is

amended by striking out “the Office of Francophone Affairs” and substituting

“the Ministry of Francophone Affairs”.

(4) Subsection

11 (4) of the Act is repealed.

Section 12 of the Act is repealed and the following substituted.

Ministry

There

Ministry of Francophone Affairs and in French as le ministère des Affaires francophones.

The Act is amended by adding the following section:

Accountability

of Ministers, Reports

Accountability

of ministers, reports

12.0.1 Each minister is

accountable to the Executive Council for, and shall report to the Executive

Council on,

(

a) the

implementation of this Act by their ministry; and

(

b) the

quality of the French language services provided by their ministry.

The Act is amended by adding the following section:

Provincial

Advisory Committee on Francophone Affairs

Provincial

Advisory Committee on Francophone Affairs

12.0.2

(1) The Provincial

Advisory Committee on Francophone Affairs, established by Order in Council, is

continued.

Mandate

(2) The

Committee shall provide advice to the Minister with respect to this Act and

Ontario’s French speaking population.

Additional

duties

(3) The

Lieutenant Governor in Council may, by order, assign additional duties to the

Committee.

Status

(4) Part

III (Regulations) of the Legislation Act, 2006 does

not apply with respect to an order made under subsection (3).

Appointment

(5) The

members of the Committee shall be appointed by the Lieutenant Governor in

Council.

Sections 12.7 and 12.8 of the Act are repealed.

(1) Subsection 13 (1) of the Act is amended by adding “other than

the Ministry of Francophone Affairs” at the end.

(2) Subsection

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

Committee

(2) There

shall be a committee consisting of the French language services co-ordinators,

presided over by the deputy minister of Francophone Affairs or the deputy

minister’s delegate.

(3) Subsection

13 (4) of the Act is repealed.

(1) Subsection 14 (1) of the Act is amended by striking out “an area

designated in the Schedule” and substituting “an area designated for the

purposes of clause 5 (1) (b)”.

(2) Subsection

14 (3) of the Act is amended by striking out “an area designated in the

Schedule” and substituting “an area designated for the purposes of clause 5 (1)

(b)”.

The Act is amended by adding the following section:

Review

of the Act

Review

of Act

(1) At

least every 10 years, the Government of Ontario shall review this Act.

Consultation

(2) As

part of the review, the Minister shall, in a manner the Minister considers

appropriate, inform the public that this Act is being reviewed and solicit the

views of the public with respect to this Act.

When

reviews shall begin

(3) The

first review under this

section shall begin before the end of 2031, and each

subsequent review shall begin before the 10th anniversary of the beginning of

the previous review.

Report

(4) Within

one year after a review is completed, the Minister shall prepare a report

setting out the findings of the review and deliver the report to the Speaker of

the Assembly, who shall lay the report before the Assembly at the earliest

reasonable opportunity.

The

Schedule to the Act is repealed.

Consequential

Amendments

Housing

Services Act, 2011

(1) Subsection 18 (1) of the Housing Services

Act, 2011 is amended by striking out “an area that is designated in the

Schedule to the French Language Services Act ” at

the end and substituting “an area designated for the purposes of clause 5 (1)

(

b) of the French Language Services Act ”.

(2) Clause

18 (3) (

a) of the Act is amended by striking out “an area that is designated in

the

Schedule to the French Language Services Act ”

and substituting “an area designated for the purposes of clause 5 (1) (

b) of

the French Language Services Act ”.

(3) Section

31 of the Act is amended by striking out “an area that is designated in the

Schedule to the French Language Services Act ” at

the end and substituting “an area designated for the purposes of clause 5 (1)

(

b) of the French Language Services Act ”.

Commencement

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Build Ontario Act (Budget Measures), 2021 receives

Royal Assent.

(2) Sections 5 and 6, subsections 7

(3) and (4) and sections 14, 16 and 17 come into force on a day to be named by

proclamation of the Lieutenant Governor.

SCHEDULE 14

INSURANCE ACT

(1) Subsection 110 (2) of the Insurance Act

is amended by striking out “the regulations” and substituting “the Authority

rules”.

(2) Subsection

110 (3) of the Act is amended by striking out “the regulations” at the end and

substituting “the Authority rules”.

(3) Subsection

110 (4) of the Act is amended by striking out “the regulations” and

substituting “the Authority rules”.

(4) Clause

110 (6) (

b) of the Act is amended by striking out “the regulations” at the end

and substituting “the Authority rules”.

(5) Subclause

110 (7) (a) (

i) is amended by striking out “or the regulations” at the end and

substituting “the regulations, or the Authority rules”.

(6) Subsection

110 (8) of the Act is repealed.

Subsection 121.0.1 (1) of the Act is amended by adding the following paragraph:

11.1 Governing

the conduct of insurers and agents with respect to the design, marketing, sale,

issuance and administration of variable insurance contracts as defined in

subsection 110 (1), including the following matters:

i. Prescribing

the form and content of variable insurance contracts.

ii. Prescribing

the form, content, time of filing and delivery of information folders and the

persons to whom information folders shall be delivered.

iii. The

furnishing of information by an insurer or an agent thereof to prospective

purchasers of variable insurance contracts.

iv. Prescribing

the documents, reports, statements, agreements and other information required

to be filed, furnished or delivered under

section 110, and the form and content

thereof.

Subsection 5 (5) of the Statutory Conditions set out in

section 148 of the Act

is amended by adding “The five days mentioned in clause (1) (

a) of this

condition commences to run on the day following the day there is a record by

the person who delivered it that the notice has been sent.” at the end.

Section 263 of the Act is amended by adding the following subsections:

Same,

election not to recover

(2.2) An

insured may elect, in accordance with the regulations, not to recover damages

from the insured’s insurer under subsection (2).

Same

(2.3) Despite

subsection (6), if an insured makes an election under subsection (2.2),

(

a) in

addition to the restrictions set out in subsection (5), the insured has no

right of action under subsection (2) against the insured’s insurer for damages

to the insured’s automobile or its contents, or for loss of use; and

(

b) the

insured’s insurer shall not issue or offer collision or upset coverage, as

referred to in the standard policy forms approved by the Chief Executive

Officer under subsection 227 (5), to the insured.

Subsection 6 (3) of the Statutory Conditions set out in

section 300 of the Act,

as re-enacted by subsection 8 (1) of

Schedule 33 to the Protecting

What Matters Most Act (Budget Measures), 2019 , is amended by adding

“and, if delivered by prepaid courier, the five-day period begins on the day

there is a record by the person who delivered it that the notice has been sent”

after “five days notice of termination shall be given”.

Protect,

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

Subsection 7 (2) of

Schedule 22 to the Protect, Support

and Recover from COVID-19 Act (Budget Measures), 2020 is repealed.

Commencement

(1) Subject to subsections (2) and (3), this

Schedule comes into

force on the day the Build Ontario Act (Budget Measures),

2021 receives Royal Assent.

(2) Sections

1, 2 and 4 come into force on a day to be named by proclamation of the

Lieutenant Governor.

(3) Sections

3 and 5 come into force on the day subsection 8 (1) of

Schedule 33 to the Protecting What Matters Most Act (Budget Measures), 2019

comes into force.

SCHEDULE 15

INTERIM APPROPRIATION FOR 2022-2023 ACT, 2021

Interpretation

Expressions

used in this Act have the same meaning as in the Financial

Administration Act unless the context requires otherwise.

Expenses

of the public service

Pending

the voting of supply for the fiscal year ending on March 31, 2023, amounts not exceeding

a total of $164,883,783,000 may be paid out of the Consolidated Revenue

Fund or recognized as non-cash expenses to be applied to the expenses of the

public service that are not otherwise provided for.

Investments

of the public service

Pending

the voting of supply for the fiscal year ending on March 31, 2023, amounts not

exceeding a total of $5,594,993,300 may be paid out of the Consolidated Revenue

Fund or recognized as non-cash investments to be applied to the investments of

the public service in capital assets, loans and other investments that are not

otherwise provided for.

Expenses

of the Legislative Offices

Pending

the voting of supply f or

the fiscal year ending on March 31, 2023, amounts not exceeding a total of $284,356,800

may be paid out of the Consolidated Revenue Fund to be applied to the expenses

of the Legislative Offices that are not otherwise provided for.

Charge

to proper appropriation

All

expenditures made or recognized under this Act must be charged to the proper

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

March 31, 2023.

Commencement

The Act set out in this

Schedule comes into force on April 1, 2022.

Short

title

The

short title of the Act set out in this

Schedule is the Interim Appropriation for 2022-2023 Act, 2021 .

SCHEDULE

MUNICIPAL ACT, 2001

(1) Subsections 308 (9) and (10) of the Municipal

Act, 2001 are amended by striking out “prescribed transition ratio for

the property class for the municipality” wherever it appears and substituting

in each case “transition ratio, for the property class for the municipality,

that is prescribed or determined in accordance with the regulations”.

(2) Paragraph

1 of subsection 308 (11) of the Act is amended by striking out “prescribed

average transition ratio” at the end and substituting “average transition ratio

that is prescribed or determined in accordance with the regulations”.

(3) Clause

308 (19) (

e) of the Act is amended by adding “or prescribing a method for

determining such ratios” at the end.

(4) Clause

308 (19) (

f) of the Act is amended by adding “or determined in accordance with

the regulations” at the end.

(1) Subsection 365.1 (1) of the Act is amended by adding the

following definition:

“assistance

period” means, with respect to an eligible property, the period of time

starting on the date on which the by-law under subsection (2) providing tax

assistance for the property is passed and ending on the earlier of,

(

a) the

date specified in the by-law, and

(

b) the

date that the tax assistance provided for the property equals the sum of,

(

i) the

cost of any action taken to reduce the concentration of contaminants on, in or

under the property to permit a record of site condition to be filed in the

Environmental Site Registry under

section 168.4 of the Environmental

Protection Act , and

(ii) the

cost of complying with any certificate of property use issued under

section

168.6 of the Environmental Protection Act ;

(“période d’aide”)

(2) The

definitions of “development period” and “rehabilitation period” in subsection

365.1 (1) of the Act are repealed.

(3) Subsection

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

By-law

to cancel taxes

(2) Subject

to subsection (6), a local municipality may pass by-laws providing for the

cancellation of all or a portion of the taxes for municipal and school purposes

levied during the assistance period on one or more specified eligible

properties, on such conditions as the municipality may determine.

(4) Subsection

365.1 (5) of the Act is repealed and the following substituted:

Notice

to Minister of Finance

(5) If

a local municipality passes a by-law under subsection (2), it shall, within 30

days after the passage of the by-law, give the Minister of Finance a copy of

the by-law as well as the following information:

1. An

estimate of the cost of the tax assistance to be provided under the by-law,

broken down by taxes levied for municipal purposes in respect of the local

municipality, taxes levied for municipal purposes in respect of the upper-tier

municipality, if applicable, and taxes levied for school purposes, if

applicable.

2. The

tax rates currently applicable to the eligible property and its assessment and

property class.

3. The

taxes currently levied on the eligible property for municipal purposes and for

school purposes.

4. Such

other information as may be prescribed by the Minister of Finance.

(5) Subsection

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

Approval

of Minister of Finance

(6) Except

in the circumstances prescribed by the Minister of Finance, a by-law passed

under subsection (2) is of no effect with respect to taxes for school purposes

unless the Minister of Finance has, in writing, approved its application to

taxes for school purposes.

Same

(6.1) The

Minister of Finance may give an approval referred to in subsection (6) before

or after the passage of the by-law, and the approval may be conditional upon

the by-law containing such conditions or restrictions with respect to taxes for

school purposes as the Minister considers appropriate.

Retroactivity

(6.2) An

amendment to a by-law passed under subsection (2) may be retroactive to a date

not earlier than the date on which the by-law was passed if the amendment is

made to include in the by-law any conditions or restrictions required by a

conditional approval of the Minister of Finance under subsection (6.1).

(6) Subsection

365.1 (7) of the Act is amended by striking out “and to the Minister of

Finance” at the end.

(7) Subsection

365.1 (23) of the Act is amended by striking out “and the municipality shall,

within 30 days after receiving the notice, advise the Minister of Finance of

the filing” at the end.

(8) Subsection

365.1 (25) of the Act is amended by striking out “Subsections (4), (5), (6) and

(7)” at the beginning and substituting “Subsections (4) and (5) to (7)”.

(9) Section

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

Notice

of repeal of by-law to Minister

(25.1) If

a lower-tier municipality repeals a by-law passed under subsection (2), it

shall, within 30 days after passing the repealing by-law, give the Minister of

Finance a copy of the repealing by-law.

(10) Subsection

365.1 (27) of the Act is repealed and the following substituted:

Regulations

by Minister of Finance

(27) The

Minister of Finance may make regulations,

(

a) prescribing

information for the purposes of paragraph 4 of subsection (5);

(

b) prescribing

circumstances in which the approval of the Minister of Finance under subsection

(6) is not required.

(11) Subsection

365.1 (28) of the Act is repealed.

Commencement

This

Schedule comes into force on the day the Build

Ontario Act (Budget Measures), 2021 receives Royal Assent.

SCHEDULE 17

MUNICIPAL PROPERTY ASSESSMENT CORPORATION ACT, 1997

(1) Section 3 of the Municipal Property

Assessment Corporation Act, 1997 is amended by adding the following

subsection:

Deemed

proper constitution of board

(6.1) If

there are fewer than 13 directors in office, the board is deemed to be properly

constituted if,

(

a) there

are at least nine directors in office; and

(

b) the

majority of the directors in office are municipal representatives.

(2) Subsection

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

Same

(7) If

the conditions in subsection (6.1) are not met, but there are at least seven

directors in office, the board is deemed to be properly constituted for a

period not exceeding 90 days after the day the conditions in subsection

(6.1) are first not met.

Commencement

This

Schedule comes into force on the day the Build

Ontario Act (Budget Measures), 2021 receives Royal Assent.

SCHEDULE 18

ONTARIO NORTHLAND TRANSPORTATION COMMISSION ACT

Section 1 of the Ontario Northland Transportation Commission

Act is amended by adding the following definition:

“commissioner”

means a member of the Commission appointed under subsection 2 (2); (“commissaire”)

Subsections 2 (2) to (5) of the Act are repealed and the following substituted:

Composition

(2) The

Commission shall be composed of not fewer than three persons and not more than nine

persons appointed by the Lieutenant Governor in Council on the recommendation

of the Minister.

Quorum

(3) A

majority of the commissioners forms a quorum.

Management

and supervision by Commission

(4) Subject

to any directives issued under

section 7.1, the commissioners shall manage or

supervise the management of the Commission’s business and affairs.

Meetings

open to the public

(5) Meetings

of the Commission shall be open to the public on any occasion determined by the

commissioners.

Section 2.1 of the Act is repealed and the following substituted:

Application

of other Acts

2.1

(1) The Not-for-Profit

Corporations Act, 2010 and the Corporations Information Act

d o not apply to the Commission, except as is

prescribed by regulation.

Business

Corporations Act

(2) Sections

132 (disclosure: conflict of interest), 134 (standards of care, etc., of

directors, etc.) and 136 (indemnification of directors) and any other provision

of the Business Corporations Act prescribed by regulation apply to the

Commission and its commissioners and officers, with necessary modifications.

Regulations

(3) The

Minister may make regulations prescribing provisions of the Not-for-Profit Corporations Act, 2010 , the Corporations Information Act and other provisions of the Business Corporations Act that apply to the Commission

and its subsidiaries.

Section 3 of the Act is amended by adding the following subsection:

Resignation

(2) If

a commissioner resigns from office before the expiration of their term, the

resignation takes effect on the earlier of,

(

a) the

appointment of another commissioner as a replacement for the remainder of the

term; and

(

b) the

expiration of 90 days after the submission of the commissioner’s resignation.

Section 4 of the Act is repealed and the following substituted:

Chair,

vice-chair

(1) The

Lieutenant Governor in Council, on the recommendation of the Minister, shall

designate a chair from among the commissioners.

Same

(2) The

Lieutenant Governor in Council, on the recommendation of the Minister, may

designate a vice-chair from among the commissioners.

Acting

chair

(3) If

a vice-chair has been designated under subsection (2), the vice-chair shall act

as chair when the chair is absent or unable to act or when the office of chair

is vacant.

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

Remuneration

and expenses

The Commission

shall pay such remuneration and expenses to the commissioners as are determined

by the Lieutenant Governor in Council.

Section 6 of the Act is repealed and the following substituted:

Provincial

representative

(1) The

Lieutenant Governor in Council, on the recommendation of the Minister, may

appoint a representative and an alternate representative.

Same

(2) The

representative is entitled to,

(

a) receive

notice of all meetings of the Commission;

(

b) receive

all documents provided to the commissioners in connection with all meetings of

the Commission; and

(

c) be

present and participate throughout all meetings of the Commission.

Alterna