p42 s1 bill 159 b159rep e 3.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 69 ELIZABETH II, 2020 Bill 159

An Act to amend various statutes in respect of consumer protection The Hon. L. Thompson Minister of Government and Consumer Services Government Bill 1st Reading December 5, 2019 2nd Reading 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on Justice Policy and as reported to the Legislative Assembly March 2, 2020) (The provisions in this Bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. ______________ EXPLANATORY NOTE

SCHEDULE 1 CONDOMINIUM ACT, 1998 Various amendments are made to the Condominium Act, 1998. Among the amendments: 1. Changes are made to the Minister’s powers with respect to the members of the board of the condominium authority. For example, the Minister may provide that no more than a fixed percentage of members of the board of directors shall be drawn from among the persons or classes of persons specified in the order. 2. The Minister may consult with the condominium authority about proposed legislative or policy changes. 3.

The provisions regarding the liability of the condominium authority and of the Crown are modified to increase consistency among related pieces of legislation. 4. The Minister may require the condominium authority to make publicly available in formation relating to compensation and other payments made to its directors, officers and employees. 5. The Minister may appoint an administrator of the condominium authority, subject to certain limitations.

SCHEDULE 2 CONDOMINIUM MANAGEMENT SERVICES ACT, 2015 The Condominium Management Services Act, 2015 is amended to reflect the fact that this Act will become “designated legislation” for the purposes of the Safety and Consumer Statutes Administration Act, 1996. Also, the Minister may delegate some or all regulation-making power to the administrative authority subject to approval of the Minister.

SCHEDULE 3 CONSUMER PROTECTION ACT, 2002 The

Schedule amends the Consumer Protection Act, 2002 to add an administrative penalty scheme and to make related amendments. Amendments are also made to sections 111, 112 and 114 of the Act in relation to the enforcement of requirements under the Act.

SCHEDULE 4 NEW HOME CONSTRUCTION LICENSING ACT, 2017 The

Schedule amends the New Home Construction Licensing Act, 2017 . The majority of the amendments have the effect of permitting the regulatory authority under the Act to interact with the Corporation designated under the Ontario New Home Warranties Plan Act as applicable while that Act is in force. The provisions regarding the liability of the regulatory authority and the Crown are modified to increase consistency among related pieces of legislation. Other technical amendments are made, including amendments relating to the administrative agreement between the Minister and the regulatory authority and amendments relating to the regulation-making powers in the Act.

SCHEDULE 5 ONTARIO NEW HOME WARRANTIES PLAN ACT The

Schedule amends the Ontario New Home Warranties Plan Act. Previous amendments to the Act provided for the Act’s repeal. The

Schedule provides that different provisions of the Act may be repealed on different dates by proclamation of the Lieutenant Governor. The

Schedule amends the Act to provide for this phased repeal. The majority of the amendments have the effect of permitting the Corporation designated under the Act to interact, while the Act is in force and as applicable, with the regulatory authority under the New Home Construction Licensing Act, 2017. Amendments are made to allow the Lieutenant Governor in Council to revoke the designation of the Corporation by regulation. The Lieutenant Governor in Council’s regulation-making powers in the Act are expanded.

Amendments are made relating to the e ntering into of an administrative agreement between the Minister and the Corporation. Failure to enter into an administrative agreement in accordance with the Act is added as a reason for which the Minister may appoint an individual as an administrator of the Corporation for the purposes of assuming control of it and responsibility for its activities.

ii The provisions regarding the liability of the Corporation and of the Crown are modified to increase consistency among related pieces of legislation. Other technical and complementary amendments are made.

SCHEDULE 6 RESOURCE RECOVERY AND CIRCULAR ECONOMY ACT, 2016 The Resource Recovery and Circular Economy Act, 2016 is amended to permit the Minister to appoint the chair of the board of directors of the Resource Productivity and Recovery Authority. The Minister may also require the Authority to make publicly available information relating to compensation and other payments made to its directors, officers and employees.

SCHEDULE 7 RETIREMENT HOMES ACT, 2010 The Retirement Homes Act, 2010 is amended. Among the amendments: 1. The powers of the Minister to establish rules concerning who may be a member of the board of directors of the Retirement Homes Regulatory Authority (“the Authority”) are modified, including providing a power to require that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order. 2.

It is provided that a Minister’s order prevails over a memorandum of understanding with the Authority and the Authority’s by-laws and resolutions. 3. The Authority’s objects are amended to include suggesting amendments to legislation. 4. The Authority is required to promptly inform and advise the Minister with respect to information that could affect its ability to perform its duties, and about matters that likely require the Minister’s action. 5.

The Act is amended to allow the Minister to issue an order requiring the Authority to make available to the public information respecting compensation it pays to its board, officers and employees. 6. The Minister is required to publish orders that the Minister makes under the Act. 7. The rules governing Crown liability are modified to increase standardization with other legisla tion. 8. The Authority is prohibited from engaging in commercial activity through related individuals, corporations or entities. Various other amendments are made.

SCHEDULE 8 SAFETY AND CONSUMER STATUTES ADMINISTRATION ACT, 1996 Various amendments are made to the Safety and Consumer Statutes Administration Act, 1996. Among the amendments: 1. Designated administrative authorities are prohibited from engaging in commercial activity through a related individual, corporation or other entity. 2. Changes are m ade to the Minister’s powers with respect to the members of the board of designated administrative authorities.

For example, the Minister may provide that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order. 3. Designated administrative authorities are required to advise the Minister about information that could affect their ability to perform their duties and about other urgent and crucial matters. 4. The provisions regarding the liability of designated administrative authorities and of the Crown are modified to increase consistency among related pieces of legislation. 5.

It is provided that persons have the right to deal with designated administrative aut horities in French, subject to certain limitations. 6. The Minister may require designated administrative authorities to make publicly available information relating to compensation and other payments made to their directors, officers and employees. 7. The Minister may appoint an administrator of a designated administrative authority, subject to certain limitations. 8. The Condominium Management Services Act, 2015 is made designated legislation for the purposes of the Act. 9.

The Delegated Administrative Authorities Act, 2012 is repealed.

iii

SCHEDULE 9 TECHNICAL STANDARDS AND SAFETY ACT, 2000 Various amendments are made to the Technical Standards and Safety Act, 2000. Among the amendments: 1. The Technical Standards and Safety Authority (the “Corporation”) is prohibited from engaging in commercial activity through a related individual, corporation or other entity. 2. Changes are made to the Minister’s powers with respect to the members of the board of the Corporation.

For example, the Minister may provide that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order, and may set competency criteria for members. 3. The Corporation is required to advise the Minister about information that could affect its ability to perform its duties and about other urgent and crucial matters. 4. The provisions regarding the liability of the Corporation and of the Crown are modified to increase consistency among related pieces of legislation. 5.

It is provided that persons have the right to deal with the Corporation in French, subject to certain limitations. 6. The Minister may require the Corporation to make publicly available information relating to compensation and other payments made to its directors, officers and employees. 7. Changes are made regarding the consequences of the Minister appointing an administrator of the Corporation, and the Minister’s ability to appoint an administrator is made subject to certain limitation s.

SCHEDULE 10 TICKET SALES ACT, 2017 The

Schedule amends the Ticket Sales Act, 2017 to require ticket businesses to ensure that the ticket purchaser is offered a ticket, and charged, in Canadian currency.

Bill 159 2020

An Act to amend various statutes in respect of consumer protection CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Condominium Act, 1998

Schedule 2 Condominium Management Services Act, 2015

Schedule 3 Consumer Protection Act, 2002

Schedule 4 New Home Construction Licensing Act, 2017

Schedule 5 Ontario New Home Warranties Plan Act

Schedule 6 Resource Recovery and Circular Economy Act, 2016

Schedule 7 Retirement Homes Act, 2010

Schedule 8 Safety and Consumer Statutes Administration Act, 1996

Schedule 9 Technical Standards and Safety Act, 2000

Schedule 10 Ticket Sales Act, 2017 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 2

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any of its 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 Rebuilding Consumer Confidence Act, 2020.

SCHEDULE 1 CONDOMINIUM ACT, 1998 1 Subsection 1.2 (2) of the Condominium Act, 1998 is amended by adding the following paragraph: 3.1 The financial terms of the delegation, including payments to the Crown, licence fees, royalties and reimbursements for transfer of assets. 2 The Act is amended by adding the following section: Consultation 1.3.1 The Minister may consult with the condominium authority about proposed legislative or policy changes that may affect the authority and its activities. 3

(1) Section 1.5 of the Act is amended by adding the following section: Reviews, terms and conditions

(1.1) The Minister may impose terms and conditions relating to any review the Minister requires under subsection (1).

(2) Subsection 1.5 (2) of the Act is amended by adding “or agents” after “the employees”. 4 S

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 159 b159rep e 3.pdf
Type	bill
Volume / chapter	p42 s1 bill 159 b159rep e 3.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e43e93e28c81e92c2dc5150f75ee300cf618c9f2

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