Ontario Bill 57 (42nd Parliament, 1st Session)

Bill 57, 42-1

Ontario — Bills

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Bill 57, Restoring Trust, Transparency and Accountability Act, 2018

Fedeli, Hon. Victor Minister of Finance

Royal Assent received. Statutes of Ontario 2018,

chapter 17

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Bill 57 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 57 and does not form part of the law.

Bill 57 has been enacted as

Chapter 17 of the Statutes of Ontario, 2018.

SCHEDULE

ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996

Section

26 of the Alcohol, Cannabis and Gaming Regulation and

Public Protection Act, 1996 governs annual adjustments to the rate of

basic tax payable by purchasers of beer. Subsection 26 (1.1) of the Act

currently provides for an increase in the rate to take effect on November 1,

2018. Subsection 26 (1.1) of the Act is amended to remove that increase. The

amendment is deemed to have come into force on October 31, 2018.

The

Schedule also sets out rules relating to amounts purchasers pay in respect of

the increase on and after November 1, 2018 and before the day the Restoring Trust, Transparency and Accountability Act, 2018

receives Royal Assent. Those amounts are deemed not to have been paid as tax

but rather as part of the purchase price owing to the beer vendor.

SCHEDULE

ASSESSMENT ACT

Royal

Canadian Legion memorial homes, clubhouses and athletic grounds are exempted

from taxation.

schedule

Auditor general Act

Currently,

the Auditor General is appointed as an officer of the Assembly by the

Lieutenant Governor in Council on the address of the Assembly. The

Schedule

provides that this appointment is made directly by the Assembly. Authority to

remove the Auditor General for cause is expanded to allow a suspension. The

Schedule contains rules regarding the salary, benefits and pension of the

Auditor General and restrictions on holding any other office, and sets out the

nature of the office.

The

Auditor General is required to designate an individual to act when he or she is

not available. The

Schedule also allows for appointment of a temporary Auditor

General in certain circumstances.

Other

amendments are made, and transitional provisions are set out.

SCHEDULE

AUTOMOBILE INSURANCE RATE STABILIZATION ACT, 2003

The

Automobile Insurance Rate Stabilization Act, 2003

is amended to change references to the Superintendent of Financial Services

appointed under the Financial Services Commission of

Ontario Act, 1997 to refer instead to the Chief Executive Officer

appointed under the Financial Services Regulatory

Authority of Ontario Act, 2016 .

Schedule

City of Toronto Act, 2006

Section

98 of the City of Toronto Act, 2006 currently

relates to by-laws that prohibit or regulate the smoking of tobacco. This

section is amended to include the smoking of cannabis.

Schedule

Civil Remedies Act, 2001

The

Schedule amends the Civil Remedies Act, 2001 by

adding a new

section 18.1, providing that a court may, on motion or application

by the Attorney General or with the Attorney General’s consent, approve a

settlement in relation to a proceeding under the Act, including a settlement

that provides for the full or partial forfeiture of the property that is the

subject of the proceeding.

SCHEDULE

COMMODITY FUTURES ACT

The

Schedule amends the Commodity Futures Act . The

major elements of the

Schedule are set out below.

new

Part is added with respect to the regulation of benchmarks. Benchmark

administrators may apply to be designated or to have a benchmark designated.

This designation has a number of legal effects. In particular, the use of

non-designated benchmarks may be prohibited by the rules. The Ontario

Securities Commission (the Commission) may require information to be provided

to a designated benchmark administrator in relation to the designated

benchmark.

Benchmark

administrators and contributors, including their respective directors, officers

and employees, and any of their service providers or security holders that are

in a prescribed class, are required to comply with various benchmark

requirements that may be established under the Commission’s new rule-making

powers with respect to benchmarks. Benchmark users are also required to comply

with many of these requirements.

The

Act is amended to prohibit engaging or participating in the provision of false

or misleading information for the purpose of determining a benchmark. It also

prohibits conduct that improperly influences the determination of a benchmark.

Schedule

Construction Act

The

Schedule makes various amendments to the Construction Act ,

including the following amendments:

Section

13.3 of the Act is amended to broaden the powers of the Authorized Nominating

Authority to set fees, costs and other charges in relation to the

administration of adjudication by the Authority under

Part II.1 of the Act, and

to specify that such fees, costs or charges are not public money and may be

retained by the Authority.

Section 88 of the Act is amended accordingly to

adjust the related regulation-making authority set out in that section.

Section

13.6 of the Act is re-enacted to provide that adjudication procedures are

governed by the Act and the regulations and, to the extent set out in that

section, by adjudication procedures specified in an applicable contract or

subcontract.

Section

13.11.1 is added to the Act to provide expressly for a party to respond to a notice

of adjudication.

Section

27.1 of the Act is re-enacted to provide that if an owner, contractor or

subcontractor refuses to make payment under

section 26 of 27 of the Act, the

person to whom the payment is owed may refuse to pay out a further person from

the payment owed, if the person to whom the payment is owed takes the specified

steps.

Section

87.3 of the Act, dealing with transitional rules connected to the Construction Lien Amendment Act, 2017 , is re-enacted.

6. Various

amendments are made to the French version of the Act to ensure a consistent

form of expression.

SCHEDULE

Co-operative Corporations Act

The

Co-operative Corporations Act is amended to change

references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to

refer instead to the Minister. Transitional matters are provided for.

Section

187 of the Act, which governs approved forms and fees, is re-enacted.

Schedule

Courts of Justice Act

The

Schedule amends the Courts of Justice Act to add a

section 149, respecting agreements into which the Attorney General may enter

with service providers for the provision of mediation and information services

in relation to family law matters. The services are subject to such fees as are

specified in the agreement, which may be collected by or on behalf of service

providers, but which must be used by service providers for or in relation to

the provision of the services, as specified in the agreements, or for any other

purpose specified in the agreements. The fees payable are to be published on a

Government of Ontario website.

SCHEDULE

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994

The

Credit Unions and Caisses Populaires Act, 1994 is

amended to change references to the Deposit Insurance Corporation of Ontario to

refer instead to the Financial Services Regulatory Authority of Ontario.

Section 276 of the Act, which governs the Deposit Insurance Reserve Fund, is

also amended. Various provisions that relate to the Deposit Insurance

Corporation of Ontario are also repealed.

schedule

ELEction Act

Currently,

the Chief Electoral Officer is appointed as an officer of the Assembly by the

Lieutenant Governor in Council on the address of the Assembly. The

Schedule

provides that this appointment is made directly by the Assembly. The current

unlimited term of the Chief Electoral Officer is retained. Authority is added

to remove the Chief Electoral Officer for cause and to suspend him or her. The

Schedule contains new rules regarding the salary and benefits of the Chief

Electoral Officer and restrictions on holding any other office, and sets out

the nature of the office.

Currently,

the Lieutenant Governor in Council is permitted to appoint a Deputy Chief

Electoral Officer, as an officer of the Assembly. The

Schedule requires the

Chief Electoral Officer to designate an individual from Elections Ontario to

act when the Chief Electoral Officer cannot, who will not be an officer. The

current Deputy remains in office. The

Schedule also allows for appointment of a

temporary Chief Electoral Officer in certain circumstances.

Transitional

provisions are set out.

Schedule

Election Finances Act

The

Schedule amends the Election Finances Act .

Starting

in 2019, the maximum contribution that a person can make annually to any one

registered party or to registered constituency associations, registered

nomination contestants and registered leadership contestants of any one

registered party is $1,600 plus $25 for every year starting on or after January

1, 2020. A similar increase is made with respect to other contributions

described in

section 18 that apply with respect to a campaign period. The

Schedule repeals subsection 23 (7) which governs the maximum amount that a

person can contribute at a fund-raising event. The

Schedule repeals the

requirement in subsection 19 (3) that contributors certify that their

contribution comes only from funds belonging to them, and not from funds given

to them for the purpose of making a contribution.

The

Schedule repeals

section 23.1 so that persons, such as a member of the Assembly

or the leader of a registered party, are no longer prohibited from attending a

fund-raising event.

The

Schedule phases out, by January 1, 2022, the quarterly allowance described in

section 32.1 that is payable to a registered party or a registered constituency

association.

Schedule

Electricity Act, 1998

The

Schedule amends the Electricity Act, 1998 to add a

new

section 25.34. The new

section provides that, if money is appropriated for

the purpose by the Legislature, the IESO shall pay all or any portion of the

amounts required to be paid by it to an entity as a result of the termination,

in accordance with Order in Council 1003/2018 made on July 5, 2018, of a

procurement contract to which the entity was a party. Clause 114 (1.3) (

h) is

added to the Act to provide regulation-making authority to exclude specified

amounts from the application of the section.

Section 25.33 of the Act is

amended to exclude any amounts paid under

section 25.34 from the adjustments

required to be made under subsections 25.33 (1) and (2).

schedule

environmental bill of rights, 1993

The

Environmental Bill of Rights, 1993 is amended so

that duties currently associated with the position of Environmental

Commissioner are transferred to the Environment Minister and the Auditor

General. Related amendments are made.

The

Auditor General shall appoint a Commissioner of the Environment who shall be an

employee of the Office of the Auditor General, and the Commissioner of the

Environment shall exercise the powers and perform the duties delegated to him

or her by the Auditor General under the Act.

Transitional

provisions are set out.

schedule

financial accountability officer Act, 2013

Currently,

the Financial Accountability Officer is appointed as an officer of the Assembly

by the Lieutenant Governor in Council on the address of the Assembly. The

Schedule provides that this appointment is made directly by the Assembly. The

current term of office of five years is retained. Authority to remove the

Financial Accountability Officer for cause is expanded to allow a suspension.

The

Schedule contains new rules regarding the salary and benefits of the

Financial Accountability Officer and restrictions on holding any other office,

and sets out the nature of the office.

The

Financial Accountability Officer is required to designate an individual to act

when he or she is not available. A temporary Financial Accountability Officer

may be appointed in certain circumstances.

Transitional

provisions are set out.

SCHEDULE

Financial Services regulatory authority of ontario act, 2016

Section

2 of the Financial Services Regulatory Authority of

Ontario Act, 2016 is amended to provide that the Financial Services

Regulatory Authority of Ontario (the Authority) and the Deposit Insurance

Corporation of Ontario (DICO) are amalgamated and continued under the name

Financial Services Regulatory Authority of Ontario.

Section

3 of the Act is amended to set out the objects of the Authority in respect of

credit unions.

New

section 10.2 of the Act requires that the board of directors of the Authority

establish a committee to advise the board on matters related to the Deposit

Insurance Reserve Fund.

Transitional

matters related to the amalgamation of the Authority and DICO are provided for

in new

section 33. Schedule

Fire Protection and Prevention Act, 1997

The

Schedule amends the Fire Protection and Prevention Act,

1997 . Here are some highlights:

Part

IX of the Act is amended to prohibit employers and employers’ organizations

from refusing to employ a person as a firefighter, refusing to assign a person

to fire protection services or discharging a firefighter because the person has

worked, is working or intends to work as a volunteer firefighter.

Associations

are also prohibited from denying membership to, suspending, expelling, fining,

attempting to collect a fine from, penalizing or otherwise disciplining a firefighter

because the firefighter has worked, is working or intends to work as a

volunteer firefighter, regardless of whether or not such work is within the

jurisdiction, or adversely affects the interests, of the association.

Amendments

Part IX of the Act replace three-member arbitration boards with single

arbitrators for dispute resolution. The amendments also include new criteria to

be taken into consideration in an arbitrator’s decision and a requirement that

an arbitrator provide written reasons for a decision at the request of either

party. Complementary amendments are also made.

schedule

Freedom of information and Protection of privacy Act

Currently,

the Information and Privacy Commissioner is appointed as an officer of the

Assembly by the Lieutenant Governor in Council on the address of the Assembly.

The

Schedule provides that this appointment is made directly by the Assembly.

The current term of office of five years is retained. Authority to remove the

Commissioner for cause is expanded to allow a suspension. The

Schedule contains

new rules regarding the salary and benefits of the Commissioner and

restrictions on holding any other office, and sets out the nature of the

office.

The

Commissioner is required to designate an individual to act when he or she is

not available. A temporary Commissioner may be appointed in certain

circumstances.

Transitional

provisions are set out.

schedule

frencH language services Act

The

French Language Services Act is amended so that

duties currently associated with the position of French Language Services

Commissioner are transferred to the Ombudsman, and related amendments are made.

Transitional

provisions are set out.

SCHEDULE

INSURANCE ACT

Section

42 of the Insurance Act is amended to provide that

certain insurers must be members of the Fire Mutuals Guarantee Fund.

technical amendment is also made to the French version of the Act.

SCHEDULE

INTERIM APPROPRIATION FOR 2019-2020 ACT, 2018

The

Schedule enacts the Interim Appropriation for 2019-2020

Act, 2018 , which authorizes expenditures pending the voting of supply

for the fiscal year ending on March 31, 2020 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, 2020.

schedule

Legislative Assembly Act

Currently,

the Clerk of the Legislative Assembly is appointed as an officer of the

Assembly by the Lieutenant Governor in Council on the address of the Assembly.

The

Schedule provides that this appointment is made directly by the Assembly.

Authority to remove the Clerk for cause is expanded to allow a suspension.

The

Clerk is required to designate an individual to act when he or she is not

available. A temporary Clerk may be appointed in certain circumstances.

The

definition of “recognized party” in subsection 62 (5) of the Act is changed to

a party that has a recognized membership of at least 10 per cent of the total

number of members of the Assembly.

provision is added continuing the branch of the Office of the Assembly known as

the Legislative Protective Service and setting out its mandate.

schedule

members’ integrity Act, 1994

Currently,

the Integrity Commissioner is appointed as an officer of the Assembly by the

Lieutenant Governor in Council on the address of the Assembly. The

Schedule

provides that this appointment is made directly by the Assembly. The current

term of office of five years is retained. Authority to remove the Commissioner

for cause is expanded to allow a suspension. The

Schedule contains new rules

regarding the salary and benefits of the Commissioner and restrictions on

holding any other office, and sets out the nature of the office.

The

Commissioner is required to designate an individual to act when he or she is

not available. A temporary Commissioner may be appointed in certain

circumstances.

Transitional

provisions are set out.

Schedule

Metrolinx Act, 2006

The

Schedule amends the Metrolinx Act, 2006 . The

changes made by the

Schedule include the following:

The

regional transportation area is expanded by adding the Regional Municipality of

Niagara, Haldimand County, the County of Brant, the City of Brantford, the

Regional Municipality of Waterloo, the County of Wellington, the City of

Guelph, the County of Dufferin, the County of Simcoe, the City of Barrie, the

City of Orillia, the City of Kawartha Lakes, the County of Peterborough, the

City of Peterborough and the County of Northumberland. Note that there is no

change as to the municipalities mentioned in respect of the unified fare

system.

The

objects of Metrolinx are altered as follows:

1. The

object of providing leadership in respect of an integrated, multi-modal

transportation network is replaced with an object of providing leadership in

respect of an integrated transit network.

2. An

object, and duty, to provide other advice and services on matters related to

transportation at the direction of the Minister of Transportation is added.

3. It

is provided that in carrying out its objects, Metrolinx shall conform with

objectives directed by the Lieutenant Governor in Council, the Minister of

Transportation’s transportation plans, policies and strategies and prescribed

plans and policies.

The

mandatory components of the transportation plan that Metrolinx must create are

altered, including by removing the requirement that the plan take into

consideration all modes of transportation. It is provided that the

transportation plan is subject to the approval of the Minister of

Transportation, who also may amend it when approving it, as well as direct that

it is to be reviewed or amended.

is provided that the Lieutenant Governor in Council, on the recommendation of

the Minister of Transportation, may appoint a representative who may attend

meetings of the board of directors of Metrolinx.

schedule

Motor Vehicle Accident Claims Act

The

Motor Vehicle Accident Claims Act is amended to

change references to the Superintendent of Financial Services appointed under

the Financial Services Commission of Ontario Act, 1997

to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016

in certain cases and the Director of the Motor Vehicle Accident Claims Fund in

others.

Schedule

Municipal Act, 2001

Section

115 of the Municipal Act, 2001 currently relates to

by-laws that prohibit or regulate the smoking of tobacco. This

section is

amended to include the smoking of cannabis.

schedule

ombudsman Act

Currently,

the Ombudsman is appointed as an officer of the Assembly by the Lieutenant

Governor in Council on the address of the Assembly. The

Schedule provides that

this appointment is made directly by the Assembly. The current term of office

of five years is retained. Authority to remove the Ombudsman for cause is

expanded to allow a suspension. The

Schedule contains new rules regarding the

salary and benefits of the Ombudsman and restrictions on holding any other

office, and sets out the nature of the office.

The

Ombudsman is required to designate an individual to act when he or she is not

available. A temporary Ombudsman may be appointed in certain circumstances.

The

Ombudsman’s functions are expanded to include investigations respecting certain

children and young persons as well as to include functions to be prescribed

respecting services provided to certain children. The Act is amended to require

children’s aid societies and residential licensees to take certain measures to

inform children in care about these functions and to facilitate contact with

the Ombudsman. The Act is amended to require the Lieutenant Governor in Council

to consult with the Ombudsman before making any regulations under the Act,

except in certain circumstances.

Transitional

provisions are set out.

SCHEDULE

ONTARIO LOAN ACT, 2018 (NO. 2)

The

Ontario Loan Act, 2018 (No. 2) is enacted.

Subsection 1 (1) of the Act authorizes the Crown to borrow a maximum of $1,900,000,000.

Schedule

Ontario Place Corporation Act

The

Schedule amends the Ontario Place Corporation Act .

Currently,

the Corporation must consist of at least seven and not more than 13 members

appointed by the Lieutenant Governor in Council. The minimum number is changed

to one and the requirement that one of the members must be a director of the

Canadian National Exhibition Association is removed.

New

section 9.1 of the Act requires the board of directors to prepare a proposed

plan for the winding up of the Corporation and transferring its assets,

liabilities, rights and obligations to the Crown in right of Ontario or to an

agency of the Crown. Subject to the approval of the plan by the Lieutenant

Governor in Council, the Board must wind up the Corporation’s affairs and

transfer its assets, liabilities, rights and obligations in accordance with the

plan. Various rules regarding these transfers are set out. The Board shall

notify the Minister of Tourism, Culture and Sport in writing as soon as

possible after it has finished implementing the plan. Immunity from litigation

arising from anything done or not done under this new

section is provided for.

Schedule

Ontario Place Corporation repeal act, 2018

The

Schedule enacts the Ontario Place Corporation Repeal Act,

2018 , which comes into force on proclamation of the Lieutenant Governor.

The Act does the following:

1. Repeals

the Ontario Place Corporation Act .

2. Dissolves

the Ontario Place Corporation.

3. Transfers

the dissolved Corporation’s assets, liabilities, rights and obligations to the

Crown in right of Ontario.

4. Immunity

from litigation arising from anything done or not done under

section 9.1 of the

Ontario Place Corporation Act is provided for.

5. Makes

consequential amendments to the Canadian National

Exhibition Association Act, 1983 .

Schedule

Pay Transparency Act, 2018

The

date of commencement of the Pay Transparency Act, 2018

is changed from January 1, 2019 to a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE

Pension Benefits Act

The

Pension Benefits Act is amended. Here are some

highlights:

technical amendment is made to the definition of “specified beneficiary” in

subsection 1 (1) of the Act.

New

section 30.1.1 is added to the Act to allow for the electronic designation of

beneficiaries.

Unproclaimed

section 39.1 of the Act, which permits the establishment of variable benefit

accounts, is amended to allow for the withdrawal of up to 50 per cent of the

amount transferred to the account at the time it is established.

Amendments

are made to

section 43.1 of the Act. That

section currently provides that if

the administrator of a single employer pension plan has complied with certain

requirements in respect of the purchase of a pension, deferred pension or

ancillary benefit, the administrator is discharged. Amendments are made to

clarify the requirements. The amendments also provide that the administrator is

deemed not to have been discharged if it is discovered that the purchase did

not meet the requirements. Enforcement provisions are added.

new

section 50.0.1 of the Act is added to permit a pension plan to pay the

commuted value of a deferred pension to a former member who is a non-resident

of Canada. If the former member has a spouse, the spouse must have waived any

rights they have in the pension fund.

Various

consequential amendments relating to sections 39.1, 43.1 and 50.0.1 of the Act

are made to

section 67.

Subsection

79.1 (2) of the Act is amended to provide that a transfer of assets relating to

the provision of defined contribution benefits is permitted if the transfer is

authorized under

section 80.4.

Currently,

section 80.4 of the Act governs a conversion that is implemented through a

transfer of assets and liabilities from a single employer pension plan to

another pension plan that is a jointly sponsored pension plan. Subsection 80.4

(3) is re-enacted to clarify that the transfer of assets in respect of defined

contribution benefits must comply with such requirements as may be prescribed.

The

Schedule amends

section 100 of the Act with respect to the publication of

agreements with designated jurisdictions. The current requirements for

publication of information about agreements and amendments to agreements

entered into before January 1, 2019 are repealed on a date to be named by

proclamation of the Lieutenant Governor, as is a related regulation-making

authority. The

Schedule provides that specified information about agreements

and amendments to agreements entered into on and after January 1, 2019 must be

published in The Ontario Gazette .

The

Act is amended by adding a new

section 102.3 with respect to The Essar Steel

Algoma Inc. Wrap Pension Plan for which Essar Steel Algoma Inc. is the

employer. Subject to certain conditions, the

section permits the making of

regulations to create exemptions from subsections 55 (1) and 57 (3) or (4).

Other

technical and consequential amendments are made.

Schedule

Provincial ADvocate for Children and Youth ACT, 2007

The

Provincial Advocate for Children and Youth Act, 2007

is amended to require the Provincial Advocate for Children and Youth to limit

his or her provision of advocacy and to not commence a new investigation on the

day the Ombudsman’s functions are expanded by amendments to the Ombudsman Act set out in another

Schedule to the Bill.

The Act is repealed on the earlier of May 1, 2019 and a day to be named by

proclamation of the Lieutenant Governor. Requirements are placed on the

Advocate with respect to the resolution and referral to the Ombudsman of

ongoing matters. Consequential amendments are made to the Child,

Youth and Family Services Act, 2017 .

schedule

Public service of ontario Act, 2006

The

Schedule transfers the powers and duties of the Conflict of Interest

Commissioner under the Public Service of Ontario Act, 2006

to the Integrity Commissioner.

Transitional

provisions are set out.

SCHEDULE

residential tenancies ACT, 2006

The

Schedule amends the Residential Tenancies Act, 2006

to provide new exemptions from various rules relating to rent, including rules

relating to the rent increase guideline.

The

following categories of rental units are exempt under new

section 6.1:

1. Rental

units located in a building, mobile home park or land lease community, or

located in an addition to a building, mobile home park or land lease community,

if no part of the building, mobile home park or land lease community, or no

part of the addition, was occupied for residential purposes on or before

November 15, 2018.

2. Rental

units located in a detached house, semi-detached house or row house, if the

rental units and the house meet specified requirements.

The

new exemptions do not apply with respect to rental units that are subject to a

tenancy in respect of which a tenancy agreement was entered into on or before

November 15, 2018, but those exemptions apply with respect to any subsequent

tenancy.

New

section 6.1 sets out transition rules relating to rental units that are subject

to a tenancy in respect of which a tenancy agreement was entered into after

November 15, 2018 but before the day the exemptions come into force.

SCHEDULE

RETAIL SALES TAX ACT

The

Schedule amends the Retail Sales Tax Act by

repealing

section 14.1, which permits the Minister of Finance to make small

business transition support payments to eligible businesses, amending

subsection 23 (4) and repealing clause 48 (3) (v). The

Schedule also revokes

Ontario Regulation 318/10 (Small Business Transition Support).

SCHEDULE

SECURITIES ACT

The

Schedule amends the Securities Act . The major

elements of the

Schedule are set out below.

new

Part is added with respect to the regulation of benchmarks. Benchmark

administrators may apply to be designated or to have a benchmark designated.

This designation has a number of legal effects. In particular, the use of

non-designated benchmarks may be prohibited by the rules. The Ontario

Securities Commission (the Commission) may require information to be provided

to a designated benchmark administrator in relation to the designated

benchmark.

Benchmark

administrators and contributors, including their respective directors, officers

and employees, and any of their service providers or security holders that are

in a prescribed class, are required to comply with various benchmark

requirements that may be established under the Commission’s new rule-making

powers with respect to benchmarks. Benchmark users are also required to comply

with many of these requirements.

The

Act is amended to prohibit engaging or participating in the provision of false

or misleading information for the purpose of determining a benchmark. It also

prohibits conduct that improperly influences the determination of a benchmark.

SCHEDULE

special hockey day act, 2018

The

Schedule enacts the Special Hockey Day Act, 2018 ,

which proclaims March 27, 2019 as Special Hockey Day to coincide with the start

of the 25th annual Special Hockey International tournament in Toronto.

Schedule

SUCCESSION DUTY LEGISLATION REPEAL ACT, 2009

The

Succession Duty Legislation Repeal Act, 2009 is

repealed.

Section 1 of The Succession Duty Repeal Act,

1979 is also repealed.

schedule

SUPPLEMENTARY INTERIM APPROPRIATION FOR 2018-2019 ACT, 2018

The

Schedule enacts the Supplementary Interim Appropriation

for 2018-2019 Act, 2018 , which authorizes expenditures pending the

voting of supply for the fiscal year ending on March 31, 2019 up to specified

maximum amounts. The expenditures authorized are in addition to those

authorized under the Interim Appropriation for 2018-2019

Act, 2017 . All expenditures made or recognized under the Interim Appropriation for 2018-2019 Act, 2017 and this

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

for the fiscal year ending on March 31, 2019.

SCHEDULE

TAXATION ACT, 2007

The

Schedule makes various amendments to the Taxation Act,

2007 .

Subsection

9 (10) of the Act provides for the pension tax credit. That subsection is

amended to allow for, by reference to provisions of the Income

Tax Act (Canada) (the Federal Act), the inclusion of amounts received

under the Veterans Well-being Act (Canada) in the

calculation of the credit.

Section

12.1 of the Act imposes an additional tax on split income. This

section is

amended to allow an individual, for taxation years ending after December 31,

2017, to reduce his or her tax on split income by any amount deducted in

respect of the mental or physical impairment tax credit or the tax credit for a

dependant with a mental or physical impairment, as well as by the amounts by

which the tax on split income can currently be reduced.

Section

19.1 provides the Ontario dividend tax credit for years 2016 and later. The

section is amended to maintain the rate for the Ontario dividend tax credit in

respect of dividends from corporations resident in Canada that are not eligible

dividends for taxation years 2018 and later.

The

Act is amended by adding

section 21.1, which provides for the low-income

individuals and families tax credit. The credit allows an eligible individual

to deduct up to $850 from his or her tax payable for the year. The amount that

may be claimed is determined in accordance with the individual’s employment

income and is reduced based on the individual’s personal adjusted income or

family adjusted income. Consequential amendments are made to sections 20 and

Section

31 of the Act provides for the Ontario small business deduction. Currently, a deduction

for a year cannot be claimed unless the corporation has made a deduction under

section 125 of the Federal Act, which provides for the federal small business

deduction.

Section 31 is amended to allow a corporation to claim the deduction

if the corporation would have been able to claim the small business tax

deduction under

section 125 of the Federal Act but for the application of

subsection 125 (5.1) of that Act.

SCHEDULE

TRILLIUM TRUST ACT, 2014

The

Schedule amends the Trillium Trust Act, 2014 to

provide that the Act has no application after the fiscal year ending March 31,

2019. The

Schedule also repeals the Act as of April 1, 2019 and revokes the

regulations made under it as of that date.

Schedule

White Pines Wind Project Termination Act, 2018

Section

6 of the White Pines Wind Project Termination Act, 2018

provides for the payment of compensation to wpd White Pines Wind Incorporated

as a result of the cancellation of the White Pines Wind Project. The

Schedule

makes various amendments to

section 6 of the Act, including the following

amendments:

1. The

Schedule amends

section 6 to provide that the compensation may comprise multiple

payments (subsection 6 (3.1) of the Act).

2. Subsection

6 (6) of the Act is re-enacted to provide that compensation of an amount is

payable only if wpd White Pines Wind Incorporated provides specified accounting

and other information respecting the amount in accordance with the requirements

of that subsection.

3. Subsection

6 (9.1) is added to address overpayment under the section.

amendments are made to the regulation-making authority in

section 7, including

the addition of subclause 7 (1) (c.2) (i), which sets out authority for the

Lieutenant Governor in Council to specify preconditions to the calculation or

payment of compensation under

section 6.

schedule

various Acts — officers of the assembly

Amendments

are made to various Acts to reflect amendments regarding officers of the

Assembly that are made elsewhere in the Bill. In addition, amendments are made

to the French versions of various Acts with respect to the French equivalent of

the term “officer”.

Bill 57 2018

Act to enact, amend and repeal various statutes

contents

Contents

of this Act

Commencement

Short

title

Schedule 1

Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996

Schedule 2

Assessment

Act

Schedule 3

Auditor

General Act

Schedule 4

Automobile

Insurance Rate Stabilization Act, 2003

Schedule 5

City

of Toronto Act, 2006

Schedule 6

Civil

Remedies Act, 2001

Schedule 7

Commodity

Futures Act

Schedule 8

Construction

Act

Schedule 9

Co-operative

Corporations Act

Schedule 10

Courts

of Justice Act

Schedule 11

Credit

Unions and Caisses Populaires Act, 1994

Schedule 12

Election

Act

Schedule 13

Election

Finances Act

Schedule 14

Electricity

Act, 1998

Schedule 15

Environmental

Bill of Rights, 1993

Schedule 16

Financial

Accountability Officer Act, 2013

Schedule 17

Financial

Services Regulatory Authority of Ontario Act, 2016

Schedule 18

Fire

Protection and Prevention Act, 1997

Schedule 19

Freedom

of Information and Protection of Privacy Act

Schedule 20

French

Language Services Act

Schedule 21

Insurance

Act

Schedule 22

Interim

Appropriation for 2019-2020 Act, 2018

Schedule 23

Legislative

Assembly Act

Schedule 24

Members’

Integrity Act, 1994

Schedule 25

Metrolinx

Act, 2006

Schedule 26

Motor

Vehicle Accident Claims Act

Schedule 27

Municipal

Act, 2001

Schedule 28

Ombudsman

Act

Schedule 29

Ontario

Loan Act, 2018 (No. 2)

Schedule 30

Ontario

Place Corporation Act

Schedule 31

Ontario

Place Corporation Repeal Act, 2018

Schedule 32

Pay

Transparency Act, 2018

Schedule 33

Pension

Benefits Act

Schedule 34

Provincial

Advocate for Children and Youth Act, 2007

Schedule 35

Public

Service of Ontario Act, 2006

Schedule 36

Residential

Tenancies Act, 2006

Schedule 37

Retail

Sales Tax Act

Schedule 38

Securities

Act

Schedule 39

Special

Hockey Day Act, 2018

Schedule 40

Succession

Duty Legislation Repeal Act, 2009

Schedule 41

Supplementary

Interim Appropriation for 2018-2019 Act, 2018

Schedule 42

Taxation

Act, 2007

Schedule 43

Trillium

Trust Act, 2014

Schedule 44

White

Pines Wind Project Termination Act, 2018

Schedule 45

Various

Acts — Officers of the Assembly

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

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 Restoring

Trust, Transparency and Accountability Act, 2018 .

SCHEDULE 1

ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996

(1) Subsection 26 (1.1) of the Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996 is

amended by striking out “2016, 2017 and 2018” in the portion before paragraph 1

and substituting “2016 and 2017”.

(2) Section

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

Transition

re beer tax increase effective November 1, 2018

(1.2) If,

before the day the Restoring Trust, Transparency and

Accountability Act, 2018 received Royal Assent, a purchaser paid a beer

vendor an amount in respect of the increase in the basic tax on beer that was

scheduled to take effect on November 1, 2018 under subsection 26 (1.1) as it

read immediately before the day the Restoring Trust,

Transparency and Accountability Act, 2018 received Royal Assent, or if a

beer vendor paid an amount in respect of that increase to another beer vendor,

the following rules apply:

1. The

amount paid in respect of the increase is deemed not to have been paid to the

beer vendor as tax or as an amount on account of tax.

2. The

amount paid in respect of the increase is deemed to have been paid to the beer

vendor as part of the purchase price otherwise owing to the beer vendor.

Commencement

(1) Subject to subsection (2), this

Schedule comes into

force on the day the Restoring Trust, Transparency and

Accountability Act, 2018 receives Royal Assent.

(2) Subsection

1 (1) is deemed to have come into force on October 31, 2018.

SCHEDULE 2

ASSESSMENT ACT

Subsection 3 (1) of the Assessment Act is amended

by adding the following paragraph:

Royal

Canadian Legion

15.1 Land

that is used and occupied as a memorial home, clubhouse or athletic grounds by

an Ontario branch of the Royal Canadian Legion.

Commencement

This

Schedule comes into force on January 1, 2019.

schedule 3

Auditor general Act

Section 1 of the Auditor General Act is amended by

adding the following definition:

“recognized

party” has the same meaning as in subsection 62 (5) of the Legislative Assembly Act ; (“parti reconnu”)

Sections 2 to 6 of the Act are repealed and the following substituted:

Auditor

General

(1) There

shall be an Auditor General who is an officer of the Assembly.

Appointment

(2) The

Assembly shall, by order, appoint the Auditor General.

Same,

conditions

(3) An

order appointing the Auditor General shall be made only after,

(

a) unless

decided otherwise by unanimous consent of the Assembly, the person to be

appointed has been selected by unanimous agreement of a panel composed of one

member of the Assembly from each recognized party, chaired by the Speaker who

is a non-voting member; and

(

b) the

chair of the standing Public Accounts Committee of the Assembly has been

consulted.

Office

of the Auditor General

The

Office of the Auditor General consists of the Auditor General, the Deputy

Auditor General, the Advertising Commissioner, the Commissioner of the

Environment appointed under

section 50 of the Environmental

Bill of Rights, 1993 and such other employees as the Auditor General may

require for the proper conduct of the business of the Office.

Term

of office

(1) The

Auditor General shall hold office for a term of 10 years and may not be

reappointed for another term.

Reappointment

after resignation

(2) Despite

subsection (1), if an Auditor General resigns before the expiry of his or her

term of office, he or she may be reappointed for a second term that expires no

later than at the expiry of the original term.

Selection

by panel

(3) Subsection

2 (3) applies with respect to a reappointment under subsection (2) of this

section.

Continuation

in office

(4) By

order of the Assembly, the Auditor General may continue to hold office after

expiry of his or her term of office until a temporary Auditor General is

appointed under

section 5.3 or until a successor is appointed.

Transition

(5) The

Auditor General in office immediately before the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent shall

continue to hold office for the remainder of his or her term and may not be

reappointed for another term.

Removal

or suspension

(1) The

Assembly may, by order passed by a vote of at least two thirds of the members

of the Assembly, remove or suspend the Auditor General from office for cause.

Suspension

if Assembly not in session

(2) If

the Assembly is not in session, the Board may on unanimous agreement suspend

the Auditor General for cause.

Duration

of suspension

(3) A

suspension under subsection (1) continues until revoked by order of the

Assembly or until the Auditor General is removed from office pursuant to subsection

(1).

Same

(4) Unless

the Board revokes the suspension before the next sitting of the Assembly, a

suspension under subsection (2) continues until revoked by order of the

Assembly or until the Auditor General is removed from office pursuant to

subsection (1).

Same

(5) Despite

subsection (4), no suspension imposed under subsection (2) continues past the

20th sessional day of the next sitting of the Assembly.

Report

to Assembly

(6) The

Board shall report to the Assembly any action taken under subsections (2) and

(4) at the earliest opportunity of the next sitting of the Assembly.

Meaning

of “not in session”

(7) For

the purposes of this

section and sections 5.3 and 5.5, the Assembly is not in

session when it is,

(

a) prorogued;

(

b) adjourned

for an indefinite period or to a day that is more than seven days after the

date on which the Assembly was adjourned.

Salary

and benefits

5.1

(1) The

Board shall determine and review annually the salary and benefits of the

Auditor General, which shall be within the highest range of salaries paid to

deputy ministers in the public service of Ontario, and the Auditor General is

entitled to the privileges of office of a senior deputy minister.

Pension

plan

(2) Subject

to subsections (3) and (4), the Auditor General is a member of the Public

Service Pension Plan.

Notice

re pension plan

(3) Within

60 days after his or her appointment takes effect, the Auditor General may

notify the Speaker in writing that he or she elects not to be a member of the

Public Service Pension Plan.

Same

(4) If

the Auditor General gives notice of their election to the Speaker in accordance

with subsection (3), the election is irrevocable and is deemed to have taken

effect when the appointment took effect.

Expenses

(5) Subject

to the approval of the Board, the Auditor General is entitled to be reimbursed

for reasonable expenses that he or she incurs in respect of anything done under

this Act.

Transition

(6) The

salary and benefits of the Auditor General in office immediately before the day

the Restoring Trust, Transparency and Accountability Act,

2018 receives Royal Assent continue to be determined in accordance with

section 5, clause 22 (1) (

a) and subsection 22 (1.1) of this Act, as they read

immediately before that day, for the remainder of the Auditor General’s term of

office.

Designation

by the Auditor General

5.2

(1) The

Auditor General shall designate an individual from among the employees of the

Office of the Auditor General who shall have the powers and duties of the

Auditor General if the Auditor General is absent or unable to fulfil the duties

of his or her office or if the office becomes vacant.

Designation

in writing

(2) A

designation under subsection (1) shall be in writing to the Speaker.

Powers

and duties

(3) The

individual designated under subsection (1) shall have the powers and duties of

the Auditor General unless a temporary Auditor General is appointed under

section 5.3.

Salary

(4) The

Board may increase the salary of an individual who assumes the powers and

duties of the Auditor General under subsection (1) in such circumstances as the

Board considers appropriate.

Removal

or suspension

(5) Section

5 applies in respect of an individual who assumes the powers and duties of the

Auditor General under subsection (1).

Temporary

Auditor General

5.3

(1) If the Auditor

General is unable to fulfil the duties of his or her office or the office

becomes vacant, the Assembly may, by order, appoint a temporary Auditor

General.

Same,

conditions

(2) An

order shall be made under subsection (1) only if,

(

a) the

Auditor General,

(

i) has

not made a designation under subsection 5.2 (1), or

(ii) has

made a designation under subsection 5.2 (1), but,

(

A) the

Auditor General has been removed or suspended under

section 5, or

(

B) the

person designated is unable or unwilling to act or has been removed or

suspended under

section 5;

(

b) unless

decided otherwise by unanimous consent of the Assembly, the person to be

appointed has been selected by unanimous agreement of a panel composed of one

member of the Assembly from each recognized party, chaired by the Speaker who

is a non-voting member; and

(

c) the

chair of the standing Public Accounts Committee of the Assembly has been

consulted.

Appointment

if Assembly not in session

(3) If,

while the Assembly is not in session, the Auditor General is unable to fulfil

the duties of his or her office or the office becomes vacant, the Board may

appoint a temporary Auditor General.

Same

(4) Clauses

(2) (

a) and (

c) apply with respect to an appointment under subsection (3).

Powers,

salary and benefits

(5) A

temporary Auditor General shall have the powers and duties of the Auditor

General and shall be paid a salary and benefits determined by the Board and,

subject to the approval of the Board, be reimbursed for reasonable expenses

that he or she incurs in respect of anything done under this Act.

Duration

of office

(6) A

temporary Auditor General shall hold office until,

(

a) the

Auditor General is able to fulfil the duties of the office, where the

appointment resulted from the Auditor General being unable to do so;

(

b) where

the appointment resulted from a suspension of the Auditor General, the

suspension is revoked by order of the Assembly, by the Board under subsection 5

(4) or by operation of subsection 5 (5);

(

c) the

Assembly appoints a different temporary Auditor General under subsection (1);

(

d) the

Assembly appoints an Auditor General under

section 2.

Subsequent

appointment not prohibited

5.4 A person who serves as

a temporary Auditor General under

section 5.3 is not prohibited from

appointment as Auditor General under

section 2 and, in the case of such an

appointment, the previous time in office does not count toward the term of

office set out in subsection 4 (1).

Restrictions

re other work, etc.

5.5

(1) The

Auditor General shall not be a member of the Assembly and shall not, without

prior approval by the Assembly, or by the Board when the Assembly is not in

session, hold any other office or employment.

Exception

(2) Despite

subsection (1), the Auditor General may hold more than one office to which he

or she has been appointed by the Assembly or the Board.

Oath

of office

5.6

(1) Before

beginning the duties of his or her office, the Auditor General shall take an

oath or affirmation that he or she will faithfully and impartially exercise the

functions of the office.

Same

(2) The

Speaker or the Clerk of the Assembly shall administer the oath or affirmation.

Nature

of office

5.7

(1) The

Auditor General holds office for a fixed term.

Notice

not required

(2) No

notice to the Auditor General is required before the expiry of the Auditor

General’s term of office.

Protection

from liability

5.8

(1) No cause

of action arises, no proceeding may be brought and no remedy is available or

damages, costs or compensation payable in connection with any amendment made by

Schedule 3 to the Restoring Trust, Transparency and Accountability Act, 2018

to this Act or anything done or not done in accordance with those amendments.

Same

(2) Subsection

(1) applies whether the cause of action on which a proceeding is based arose

before or after the day that subsection comes into force.

Proceedings

set aside

(3) Any

proceeding referred to in subsection (1) commenced before the day that

subsection comes into force is deemed to have been dismissed, without costs, on

that day.

Appointment

of Deputy Auditor General

The

Auditor General may appoint a person to act as Deputy Auditor General.

Subsections 22 (3), (4) and (5) of the Act are repealed.

Subsection 27 (1) of the Act is amended by striking out “the Deputy Auditor

General, the Advertising Commissioner, any person employed in” and substituting

“the Deputy Auditor General, the Advertising Commissioner, the Commissioner of

the Environment appointed under

section 50 of the Environmental

Bill of Rights, 1993 , any employee of”.

Subsection 27.1 (1) of the Act is amended by striking out “the Deputy Auditor

General, the Advertising Commissioner and each person employed in the Office of

the Auditor General or” and substituting “the Deputy Auditor General, the

Advertising Commissioner, the Commissioner of the Environment appointed under

section 50 of the Environmental Bill of Rights, 1993 ,

each employee of the Office of the Auditor General and any person”.

Subsection 29 (4) of the Act is amended by striking out “sections 5 and 23” and

substituting “subsection 5.1 (1) and

section 23”.

The Act is amended by adding the following section:

Transitional

regulations

(1) The

Lieutenant Governor in Council may make regulations providing for transitional

matters arising from the enactment of

Schedule 3 to the Restoring

Trust, Transparency and Accountability Act, 2018 .

Conflict

(2) If

there is a conflict between a regulation made under subsection (1) and a

provision of this or any other Act or a provision of another regulation made

under any other Act, the regulation made under subsection (1) prevails.

Commencement

This

Schedule comes into force on the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

SCHEDULE 4

AUTOMOBILE INSURANCE RATE STABILIZATION ACT, 2003

The Automobile Insurance Rate Stabilization Act, 2003

is amended by striking out “Superintendent” wherever it appears and

substituting in each case “Chief Executive Officer”.

wherever it appears and substituting in each case “Chief Executive Officer’s”.

Commencement

This

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

Lieutenant Governor.

Schedule 5

City of Toronto Act, 2006

(1) Section 98 of the City of Toronto Act, 2006

is amended by striking out “smoking of tobacco” wherever it appears and

substituting in each case “smoking of tobacco or cannabis”.

(2) The

definition of “smoking of tobacco” in subsection 98 (6) of the Act is repealed.

(3) Section

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

Application

(7) For

greater certainty, a reference in this

section to the smoking of tobacco or

cannabis includes,

(

a) the

holding of lighted tobacco or cannabis; and

(

b) the

consumption of tobacco or cannabis through the use of an electronic cigarette.

Commencement

This

Schedule comes into force on the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

Schedule 6

Civil Remedies Act, 2001

The Civil Remedies Act, 2001 is amended by adding

the following section:

Settlements

18.1

(1) Despite

anything to the contrary in this Act, the court may approve a settlement in

relation to a proceeding under this Act, on the motion or application of the

Attorney General or of any other party to the proceeding with the Attorney

General’s consent.

Forfeiture

(2) For

greater certainty, the power to approve a settlement under subsection

(1) includes a power to approve a settlement that provides for the full or partial

forfeiture of the property that is the subject of the proceeding.

Commencement

This

Schedule comes into force on the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

SCHEDULE 7

COMMODITY FUTURES ACT

(1) Subsection 1 (1) of the Commodity Futures

Act is amended by adding the following

definitions:

“benchmark”

means a price, estimate, rate, index or value that is,

(

a) determined,

from time to time, by reference to an assessment of one or more underlying

interests,

(

b) made

available to the public, either free of charge or on payment, and

(

c) used

for reference for any purpose, including,

(

i) determining

the interest payable, or other sums that are due, under a contract, derivative,

instrument or security,

(ii) determining

the value of a contract, derivative, instrument or security or the price at

which it may be traded,

(iii) measuring

the performance of a contract, derivative, investment fund, instrument or

security, or

(iv) any

other use by an investment fund; (“indice de référence”)

“benchmark

administrator” means a person or company that administers a benchmark;

(“administrateur d’indice de référence”)

“benchmark

contributor” means a person or company that engages or participates in the

provision of information for use by a benchmark administrator for the purpose

of determining a benchmark, including a person or company subject to a decision

under

section 21.6; (“contributeur à un indice de référence”)

“benchmark

user” means a person or company that, in relation to a contract, derivative,

investment fund, instrument or security, uses a benchmark; (“utilisateur

d’indice de référence”)

“designated

benchmark” means a benchmark that is designated by the Commission under

section

21.5; (“indice de référence désigné”)

“designated

benchmark administrator” means a benchmark administrator that is designated by

the Commission under

section 21.5 in respect of a designated benchmark;

(“administrateur d’indice de référence désigné”)

“director”

means a director of a company or an individual performing a similar function or

occupying a similar position for any person; (“administrateur”)

“investment

fund” means a mutual fund or a non-redeemable investment fund; (“fonds

d’investissement”)

(2) The

definition of “market participant” in subsection 1 (1) of the Act is amended by

adding “a designated benchmark administrator, a person or company that engages

or participates in the provision of information for use by a benchmark

administrator for the purpose of determining a designated benchmark” after “the

general partner of a market participant”.

(3) Subsection

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

definitions:

“mutual

fund” means an issuer whose primary purpose is to invest money provided by its

security holders and whose securities entitle the holder to receive, on demand

or within a specified period after demand, an amount computed by reference to

the value of a proportionate interest in the whole or in part of the net

assets, including a separate fund or trust account, of the issuer; (“fonds

mutuel”)

“non-redeemable

investment fund” means an issuer,

(

a) whose

primary purpose is to invest money provided by its security holders,

(

b) that

does not invest,

(

i) for

the purpose of exercising or seeking to exercise control of an issuer, other

than an issuer that is a mutual fund or a non-redeemable investment fund, or

(ii) for

the purpose of being actively involved in the management of any issuer in which

it invests, other than an issuer that is a mutual fund or a non-redeemable

investment fund, and

(

c) that

is not a mutual fund; (“fonds d’investissement à capital fixe”)

The Act is amended by adding the following Part:

Part

VII

Benchmarks

Designation

of benchmarks and benchmark administrators

21.5

(1) A

benchmark administrator, or the Director, may apply to the Commission to

request the designation of a benchmark or a benchmark administrator.

Director’s

application

(2) If

the Director applies for a designation, the Commission shall give the affected

benchmark administrator the opportunity to be heard before making a decision

under subsection (3).

Commission’s

powers

(3) After

receiving the application, the Commission may, if it considers it in the public

interest to do so, designate the benchmark as a designated benchmark or

designate the benchmark administrator as a designated benchmark administrator

of a designated benchmark, as appropriate.

Terms

and conditions

(4) A

designation under subsection (3) may be made subject to any terms and

conditions the Commission considers advisable.

Cancellation

or change

(5) The

Commission may, if it considers it in the public interest to do so, cancel the

designation of a designated benchmark or a designated benchmark administrator

Opportunity

to be heard

(6) The

Commission shall not refuse to designate a benchmark or benchmark

administrator, cancel the designation of a designated benchmark or designated

designation is subject without giving the benchmark administrator an

opportunity to be heard.

section 21.5,

ii. the

making of orders under

section 21.6,

iii. the

disclosure or furnishing of information to the Commission, the public or any

person or company by a benchmark administrator, a benchmark contributor or a

benchmark user, including requirements for disclosure statements by a benchmark

administrator in relation to a benchmark,

iv. the

quality, integrity and sufficiency of the data and the methodology used by a

benchmark administrator to determine a benchmark, including requirements for a

benchmark administrator to monitor benchmark contributors and data provided by

benchmark contributors,

v. the

establishment, publication and enforcement by a benchmark administrator of

codes of conduct applicable to benchmark administrators or benchmark

contributors and their respective directors, officers and employees, and any of

their service providers or security holders that are in a class prescribed

under paragraph 35, and the minimum requirements to be included in such a code

of conduct,

vi. contractual

arrangements related to a benchmark to be entered into by a benchmark

administrator or a benchmark contributor and the minimum requirements to be

included in the contractual arrangements,

vii. the

use by a benchmark administrator and a benchmark contributor of service

providers,

viii. prohibitions

against and procedures regarding conflicts of interest involving a benchmark

and benchmark administrators, benchmark contributors and their respective

directors, officers and employees, and any of their service providers or

security holders that are in a class prescribed under paragraph 35, including,

A. procedures

to be followed to avoid conflicts of interest,

B. procedures

to be followed if conflicts of interest arise,

C. requirements

for separation of roles, functions and activities, and

D. restrictions

on ownership of a benchmark or benchmark administrator,

ix. prohibitions

against the use of a benchmark that is not a designated benchmark by a

benchmark user,

x. disclosure

and other requirements respecting the use of a benchmark by a benchmark

administrator, benchmark contributor or benchmark user,

xi. requiring

information in relation to a benchmark to be provided for use by the benchmark

administrator,

xii. the

maintenance of books and records necessary for the conduct of a benchmark

administrator’s business and the establishment and maintenance of a benchmark,

xiii. the

maintenance of books and records by a benchmark contributor relating to a

benchmark,

xiv. the

appointment by benchmark administrators and benchmark contributors of one or

more compliance officers and any minimum standards that must be met or

qualifications a compliance officer must have,

xv. the

prohibition or restriction of any matter or conduct involving a benchmark by

benchmark administrators, benchmark contributors and their respective directors,

officers and employees, and any of their service providers or security holders

that are in a class prescribed under paragraph 35,

xvi. the

design, determination and dissemination of a benchmark,

xvii. plans

of a benchmark user where a benchmark changes or ceases to be provided and how

these plans will be reflected in the contractual arrangements of the benchmark

user,

xviii. the

governance, compliance, accountability, oversight, audit, internal controls,

policies and procedures of a benchmark administrator or benchmark contributor

in respect of a benchmark,

xix. the

governance, compliance, accountability, oversight, audit, internal controls,

policies and procedures of a benchmark administrator, benchmark contributor or

benchmark user in respect of the use of a benchmark.

37. Regulating

submissions of information for the purposes of determining a benchmark.

38. Requiring

benchmark administrators or benchmark contributors to,

i. establish

plans in the event that a benchmark changes or ceases to be provided or is

subject to data failures or business continuity issues, and

ii. reflect

the plans referred to in subparagraph i in the contractual arrangements of the

benchmark administrator or benchmark contributor relating to the benchmark.

39. Governing

or restricting the payment of fees or other compensation to a benchmark

administrator or benchmark contributor.

Commencement

This

Schedule comes into force on the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

schedule 8

Construction Act

Section 1 of the Construction Act is amended by

adding the following subsection:

Commencement

of a procurement process

(4) For

the purposes of this Act, a procurement process is commenced on the earliest of

the making of,

(

a) a

request for qualifications;

(

b) a

request for quotation;

(

c) a

request for proposals; or

(

d) a

call for tenders.

The French version of subsection 6 (1) of the Act is amended by striking out

“ne se conforment pas rigoureusement” and substituting “ne sont pas

rigoureusement conformes”.

(1) Clause 13.3 (2) (

a) of the Act is repealed and the following

substituted:

(

a) subject

to the regulations, set fees, costs or other charges related to the

administration of adjudication under this Part, including fees, costs or

charges for the training and qualification of persons as adjudicators or for

the appointment of adjudicators, and require their payment; and

(2) Section

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

Setting

fees

(3) In

setting the fees, costs and charges referred to in clause (2) (a), the

Authority may, subject to the regulations, specify their amounts or the method

for determining the amounts.

Fee

retention

(4) Money

collected by the Authority under clause (2) (a),

(

a) is

revenue belonging to the Authority and not public money within the meaning of

the Financial Administration Act ; and

(

b) may

be retained and used by the Authority for its own account.

Section 13.6 of the Act is repealed and the following substituted:

Adjudication

procedures

13.6

(1) An

adjudication shall be conducted in accordance with the adjudication procedures

set out in this Part, the regulations, and, subject to subsection (2), any

additional adjudication procedures that may be set out in the contract or

subcontract.

Same

(2) Adjudication

procedures set out in a contract or subcontract apply only to the extent that

they do not conflict with this Part and the regulations, and their application

is subject to the exercise of the adjudicator’s powers under

section 13.12.

Subsection 13.8 (3) of the Act is amended by adding the following paragraph:

2.1 The

reference in clause 13.11 (

b) to the other party shall be read as a reference

to every other party.

Section 13.11 of the Act is repealed and the following substituted:

Documents

to adjudicator, party

13.11 No later than five days

after an adjudicator agrees or is appointed to conduct the adjudication, the

party who gave the notice of adjudication shall,

(

a) provide

to the adjudicator a copy of the notice; and

(

b) provide

to the adjudicator and to the other party a copy of the contract or subcontract

and any documents the party intends to rely on during the adjudication.

Response

to notice

13.11.1 A party who receives a

notice of adjudication may, in accordance with the regulations, respond in

writing.

amended by,

(

a) striking

out “did not comply” and substituting “did not accord”; and

(

b) striking

out “failure to comply” and substituting “failure to accord”.

(1) Section 27.1 of the Act is repealed and the following

substituted:

Non-payment

of holdback

owner

27.1

(1) An owner

may refuse to pay some or all of the amount the owner is required to pay to a

contractor under

section 26 or 27, as the case may be, if,

(

a) the

owner publishes a notice in the prescribed form specifying the amount of the

holdback that the owner refuses to pay, and the notice is published in the

manner set out in the regulations no later than 40 days after the date on

which,

(

i) the

applicable certification or declaration of substantial performance is published

under

section 32, or

(ii) if

no certification or declaration of substantial performance is published, the

date on which the contract is completed, abandoned or terminated; and

(

b) the

owner notifies, in accordance with the regulations, if any, the contractor of

the publication of the notice.

contractor

(2) A

contractor may refuse to pay some or all of the amount the contractor is

required to pay to a subcontractor under

section 26 or 27, as the case may be,

if,

(

a) the

owner refuses to pay some or all of the amount the owner is required to pay to

the contractor under that section; and

(

b) the

contractor notifies, in accordance with the regulations, if any, every

subcontractor to whom the contractor is required to pay the amount that the

amount is not being paid.

subcontractor

(3) A

subcontractor may refuse to pay some or all of the amount the subcontractor is

required to pay to another subcontractor under

section 26 or 27, as the case

may be, if,

(

a) the

contractor refuses to pay some or all of the amount the contractor is required

to pay to the subcontractor under that section; and

(

b) the

subcontractor notifies, in accordance with the regulations, if any, every

subcontractor to whom the subcontractor is required to pay the amount that the

amount is not being paid.

Same

(4) Subsection

(3) applies, with necessary modifications, with respect to a subcontractor who

receives notice under that subsection.

(2) Clauses

27.1 (2) (

a) and (

b) of the Act, as re-enacted by subsection (1), are repealed

and the following substituted:

(

a) the

owner refuses to pay some or all of the amount the owner is required to pay to

the contractor under that section;

(

b) the

contractor refers the matter to adjudication under

Part II.1; and

(

c) the

contractor notifies, in accordance with the regulations, if any, every

subcontractor to whom the contractor is required to pay the amount that the

amount is not being paid and that the matter is being referred to adjudication.

(3) Clauses

27.1 (3) (

a) and (

b) of the Act, as re-enacted by subsection (1), are repealed

and the following substituted:

(

a) the

contractor refuses to pay some or all of the amount the contractor is required

to pay to the subcontractor under that section;

(

b) the

subcontractor refers the matter to adjudication under

Part II.1; and

(

c) the

subcontractor notifies, in accordance with the regulations, if any, every

subcontractor to whom the subcontractor is required to pay the amount that the

amount is not being paid and that the matter is being referred to adjudication.

Clauses 32 (2) (

e) and (

f) of the Act are repealed and the following

substituted:

(

e) if

the lien attaches to the premises, a legal description of the premises,

including all property identifier numbers and addresses for the premises; and

(

f) if

the lien does not attach to the premises, a concise description of the

premises, including addresses, and the name and address of the person or body

to whom a copy of the claim for lien must be given under

section 34.

The French version of clause 36 (3) (

a) of the Act is amended by striking out

“de résilier” and substituting “d’annuler”.

(1) Subparagraph 1 i of subsection 39 (1) of the Act is repealed and

the following substituted:

i. the

names of the parties to the contract, the date on which the contract was

entered into and the date on which any applicable procurement process was

commenced,

(2) Subparagraph

2 i of subsection 39 (1) of the Act is repealed and the following substituted:

i. the

names of the parties to a subcontract and the date on which the subcontract was

entered into,

(1) The French version of subsection 44 (1) of the Act is amended by

striking out “de résiliation” in the portion before clause (

a) and substituting

“d’annulation”.

(2) The

French version of subsections 44 (2) and (3) of the Act are amended by striking

out “de résiliation” wherever it appears and substituting in each case

“d’annulation”.

(3) The

French version of subsection 44 (3.1) of the Act is amended by striking out

“résilie” and substituting “annule”.

(4) The

French version of subsection 44 (4) of the Act is amended by striking out “la

résiliation” and substituting “l’annulation”.

(5) The

French version of subsection 44 (8) of the Act is amended by striking out “de

résiliation” and substituting “d’annulation”.

The French version of subsection 45 (1) of the Act is amended by striking out

“la résiliation” in the portion before clause (

a) and substituting

“l’annulation”.

The French version of subsection 46 (1) of the Act is amended by striking out

“résiliant” and substituting “annulant”.

(1) The French version of paragraph 1 of subsection 47 (1.1) of the

Act is amended by striking out “de résiliation” and substituting

“d’annulation”.

(2) The

French version of subsection 47 (2) of the Act is amended by striking out

“résilié” and substituting “annulé”.

The French version of

section 49 of the Act is amended by striking out “la

résiliation” and substituting “l’annulation”.

(1) The French version of subsection 58 (4.1) of the Act is amended

by striking out “à qui un renvoi a été ordonné” at the end and substituting

“qui est saisie d’un renvoi”.

(2) The

French version of subsection 58 (4.2) of the Act is amended by striking out

“juge et chef de la Cour des petites créances” and substituting “juge et chef

de l’administration de la Cour des petites créances”.

(

a) striking

out “releases” and substituting “discharges”; and

(

b) striking

out “released” at the end and substituting “discharged”.

(1) Section 87.3 of the Act is repealed and the following

substituted:

Transition

Continued

application of Construction Lien Act and

regulations

87.3

(1) This Act

and the regulations, as they read on June 29, 2018, continue to apply with

respect to an improvement if,

(

a) a

contract for the improvement was entered into before July 1, 2018;

(

b) a

procurement process for the improvement was commenced before July 1, 2018 by

the owner of the premises; or

(

c) in

the case of a premises that is subject to a leasehold interest that was first

entered into before July 1, 2018, a contract for the improvement was entered

into or a procurement process for the improvement was commenced on or after

July 1, 2018 and before the day subsection 19 (1) of

Schedule 8 to the Restoring Trust, Transparency and Accountability Act, 2018

came into force.

Same

(2) For

greater certainty, clauses (1) (

a) and (

c) apply regardless of when any

subcontract under the contract was entered into.

(2) Section

87.3 of the Act, as re-enacted by subsection (1), is amended by adding the

following subsection:

Exception,

municipal interest in premises

(3) Despite

subsection (1), the amendments made to this Act by subsections 13 (4), 14

(4) and 29 (2) and (4) of the Construction Lien Amendment Act,

2017 apply with respect to an improvement to a premises in which a

municipality has an interest, even if a contract for the improvement was

entered into or a procurement process for the improvement was commenced before

July 1, 2018.

(3) Section

87.3 of the Act, as re-enacted by subsection (1), is amended by adding the

following subsection:

Non-application

of Parts I.1 and II.1

(4) Parts

I.1 and II.1 do not apply with respect to the following contracts and

subcontracts:

1. A

contract entered into before the day subsection 11 (1) of the Construction Lien Amendment Act, 2017 came into force.

2. A

contract entered into on or after the day subsection 11 (1) of the Construction Lien Amendment Act, 2017 came into force, if

a procurement process for the improvement that is the subject of the contract

was commenced before that day by the owner of the premises.

3. A

subcontract made under a contract referred to in paragraph 1 or 2.

(1) Clause 88 (1) (

e) of the Act is repealed and the following

substituted:

(

e) governing

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

under clause 13.3 (2) (a);

(2) Clause

88 (1) (

h) of the Act is amended by striking out “for the purposes of

subsection 13.6 (2)” at the end.

(3) Subsection

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

(i.1) governing

the determination of fees by the Authorized Nominating Authority under clause

13.10 (2) (b);

(i.2) governing

responses for the purposes of

section 13.11.1, including specifying the time

and manner in which responses must be provided and setting out information they

must contain or any other requirements they must meet;

Revised

Statutes Confirmation and Corrections Act, 1993

Sections 3 to 10 of the Revised Statutes Confirmation and

Corrections Act, 1993 are repealed.

Commencement

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

Schedule comes into

force on the day the Restoring Trust, Transparency and

Accountability Act, 2018 receives Royal Assent.

(2) Sections

3 to 7, subsections 8 (2) and (3) and 19 (3) and

section 20 come into force on

the later of the day subsection 11 (1) of the Construction

Lien Amendment Act, 2017 comes into force and the day the Restoring Trust, Transparency and Accountability Act, 2018

receives Royal Assent.

(3) Subsection

19 (2) comes into force on the later of the day subsection 13 (4) of the Construction Lien Amendment Act, 2017 comes into force

and the day the Restoring Trust, Transparency and

Accountability Act, 2018 receives Royal Assent.

SCHEDULE 9

Co-operative Corporations Act

The Co-operative Corporations Act is amended by

adding the following section:

Designation

by Lieutenant Governor in Council

1.2 The Lieutenant Governor

in Council may designate a person to exercise any powers or perform any duties

of the Minister under this Act, subject to any restrictions set out in the

designation.

Subsection 37 (1) of the Act is amended by striking out the portion before

clause (

a) and substituting the following:

Inspection

of statement

(1) A

copy of a statement for which a receipt has been issued under

section 36 shall

be open to inspection,

. . . .

“Superintendent’s” and substituting “Minister’s”.

Clause 149 (

b) of the Act is amended by striking out “recommend to the Minister

that the Minister”.

“or the Superintendent respectively”.

Section 178 of the Act is amended by striking out “the Superintendent” wherever

it appears.

(1) Subsection 179 (1) of the Act is repealed and the following

substituted:

Proof

by affidavit

(1) The

Minister may require that any fact relevant to the performance of the duties of

the Minister under this Act or the regulations be verified by affidavit or

otherwise.

(2) Subsection

179 (2) of the Act is amended by striking out “or the Superintendent”.

Subsection 181 (1) of the Act is repealed and the following substituted:

Searches

(1) Upon

payment of the fee established by the Minister, any person is entitled to

examine any document filed or issued under this Act or any predecessor thereof,

and to make extracts from the document.

The Act is amended by adding the following section:

Transition,

continuing proceedings and activities

185.1 Proceedings and other

activities that, on the day

section 12 of

Schedule 9 to the Restoring Trust, Transparency and Accountability Act, 2018

comes into force, are commenced or conducted by the Superintendent, or to which

the Superintendent is a party, and that are ongoing are deemed to be

proceedings and other activities commenced or conducted by the Minister, or to

which the Minister is a party, and shall be continued as such.

Section 186 of the Act is amended by adding the following subsection:

Regulations

re transfer of Superintendent powers, duties and functions

(2) The

Lieutenant Governor in Council may make regulations governing transitional

matters that may arise due to the transfer of powers conferred on, duties

assigned to and functions of the Superintendent under this Act to the Minister.

Section 187 of the Act is repealed and the following substituted:

Forms

(1) The

Minister may require that forms approved by the Minister be used for any

purpose under this Act.

Fees

(2) The

Minister may, by order, establish and charge fees, and provide for the waiver

or refund of all or any part of any of those fees,

(

a) for

anything that the Minister is required or authorized to do under this Act; and

(

b) for

search reports, copies of documents or information, filing of documents or

other services under this Act.

Non-application

of Legislation Act, 2006

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order made by the Minister under subsection (2).

The Act is amended by striking out “Minister or the Superintendent” wherever it

appears and substituting in each case “Minister”.

The Act is amended by striking out “Superintendent” wherever it appears and

substituting in each case “Minister”, except in the following provisions:

1. The

definition of “Superintendent” in subsection 1 (1).

2. Subsection

186 (2).

Building

Ontario Up Act (Budget Measures), 2015

Section 2 of

Schedule 7 to the Building Ontario Up Act

(Budget Measures), 2015 is repealed.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on a

day to be named by proclamation of the Lieutenant Governor.

(2) Sections

11 and 14 come into force on the day the Restoring Trust,

Transparency and Accountability Act, 2018 receives Royal Assent.

Schedule 10

Courts of Justice Act

The Courts of Justice Act is amended by adding the

following section:

Family

law mediation and information services

(1) In

this section,

“agreement”

includes a contract or other instrument; (“accord”)

“service

provider” means a person or entity that has entered into an agreement with the

Crown in right of Ontario under subsection (2). (“fournisseur de services”)

Agreements

with service providers

(2) The

Attorney General may, on behalf of the Crown in right of Ontario, enter into

agreements with one or more persons or entities for the provision of mediation

and information services in relation to family law matters, as specified in the

agreements.

Fees

(3) Fees

for the provision of the mediation services may be collected by or on behalf of

a service provider to the extent permitted and in accordance with the agreement

entered into by the service provider under subsection (2).

Same

(4) Fees

collected by or on behalf of a service provider in accordance with subsection

(3) are not public money within the meaning of the Financial

Administration Act , but the fees must be used by the service provider

only for or in relation to the provision of the mediation and information

services, as specified in the agreement, or for any other purpose specified in

the agreement.

Same,

publication

(5) The

Ministry of the Attorney General shall publish the fees payable under

subsection (3) on a Government of Ontario website.

Commencement

This

Schedule comes into force on the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

SCHEDULE 11

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994

The

definitions of “Corporation” and “deposit insurer” in

section 1 of the Credit Unions and Caisses Populaires Act, 1994 are

repealed.

The heading to

Part XIV of the Act is amended by striking out “Deposit

Insurance Corporation of Ontario” and substituting “Intervention, Supervision

and Deposit Insurance”.

Sections 249 to 257, 260 and 261 of the Act are repealed.

(1) Subsection 262 (1) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

Powers

of Authority

(1) The

Authority may, in furtherance of its objects in respect of credit unions, as

set out in

section 3 of the Financial Services Regulatory

Authority of Ontario Act, 2016 ,

. . . .

(2) Clauses

262 (1) (

f) and (

l) of the Act are repealed.

(3) Subsections

262 (5) and (6) of the Act are repealed.

Section 263 of the Act is repealed.

The heading before

section 264 of the Act is repealed.

Clauses 264 (1) (

a) to (f), (

k) and (

l) of the Act are repealed.

Sections 268 and 269 of the Act are repealed.

Subsection 270 (1) of the Act is repealed and the following substituted:

Insurance

of deposits with credit unions

(1) Subject

to subsection (2), the deposits with every credit union that, under the

regulations, are insurable deposits, are insured by the Authority in accordance

with this Act and the by-laws of the Authority, except if the deposit insurance

of the credit union is cancelled under

section 274.

Subsection 270.1 (1) of the Act is amended by adding “from the Deposit Insurance

Reserve Fund” after “payment” in the portion before clause (a).

Subsection 274 (5) of the Act is repealed and the following substituted:

Notice

to league

(5) The

Authority shall give the league for the credit union written notice of the cancellation

of deposit insurance.

(1) Subsection 276 (2) of the Act is amended by adding “only” before

“for” in the portion before paragraph 1 and by striking out “continuance or” in

paragraph 2.

(2) Paragraph

4 of subsection 276 (2) of the Act is repealed and the following substituted:

4. Payments

made under clause 262 (1) (b).

5. Assets

acquired or liabilities assumed under clause 262 (1) (c).

(3) Section

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

Liability

of Authority limited

(4) The

total liability of the Authority to insure deposits at any particular time is

limited to the assets of the Deposit Insurance Reserve Fund at that time.

Not

public money

(5) The

assets of the Deposit Insurance Reserve Fund are not public money within the

meaning of the Financial Administration Act and do

not form part of the Consolidated Revenue Fund.

Immunity

of Crown

(6) The

Crown is not liable for any liability or obligation in respect of the Deposit

Insurance Reserve Fund.

Paragraph 1 of subsection 316.1 (5) of the Act is amended by striking out

“deposit insurer” and substituting “Authority”.

Subsection 332 (5) of the Act is amended by striking out “deposit insurer” and

substituting “Authority”.

The Act is amended by striking out “Corporation” wherever it appears and

substituting in each case “Authority”.

wherever it appears and substituting in each case “Authority’s”.

Cutting

Unnecessary Red Tape Act, 2017

Section 78 of

Schedule 8 to the Cutting Unnecessary Red

Tape Act, 2017 is repealed.

Commencement

This

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

Lieutenant Governor.

schedule 12

ELEction Act

Section 1 of the Election Act is amended by adding

the following definition:

“recognized

party” has the same meaning as in subsection 62 (5) of the Legislative Assembly Act ; (“parti reconnu”)

Section 4 of the Act is repealed and the following substituted:

Chief

Electoral Officer

3.1

(1) There

shall be a Chief Electoral Officer who is an officer of the Assembly.

Appointment

(2) The

Assembly shall, by order, appoint the Chief Electoral Officer.

Selection

by panel

(3) Unless

decided otherwise by unanimous consent of the Assembly, an order shall be made

under subsection (2) only if the person to be appointed has been selected by

unanimous agreement of a panel composed of one member of the Assembly from each

recognized party, chaired by the Speaker who is a non-voting member.

Transition

(4) The

Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018

receives Royal Assent is deemed to be the Chief Electoral Officer for the

purposes of this

section and shall continue to hold office.

Powers

and duties of C.E.O.

3.2

(1) The

Chief Electoral Officer is responsible for the administration of this Act.

Same

(2) The

Chief Electoral Officer shall consult with, advise and supervise the returning

officers and election clerks in the performance of their duties, and may visit

in person and consult with the deputy returning officer and poll clerk at any

polling location.

Removal

or suspension

3.3

(1) The

Assembly may, by order passed by a vote of at least two thirds of the members

of the Assembly, remove or suspend the Chief Electoral Officer from office for

cause.

Suspension

if Assembly not in session

(2) If

the Assembly is not in session, the Board may on unanimous agreement suspend

the Chief Electoral Officer for cause.

Duration

of suspension

(3) A

suspension under subsection (1) continues until revoked by order of the

Assembly or until the Chief Electoral Officer is removed from office pursuant

to subsection (1).

Same

(4) Unless

the Board revokes the suspension before the next sitting of the Assembly, a

suspension under subsection (2) continues until revoked by order of the

Assembly or until the Chief Electoral Officer is removed from office pursuant

to subsection (1).

Same

(5) Despite

subsection (4), no suspension imposed under subsection (2) continues past the

20th sessional day of the next sitting of the Assembly.

Report

to Assembly

(6) The

Board shall report to the Assembly any action taken under subsections (2) and

(4) at the earliest opportunity of the next sitting of the Assembly.

Meaning

of “not in session”

(7) For

the purposes of this

section and sections 3.6 and 3.10, the Assembly is not in

session when it is,

(

a) prorogued;

(

b) adjourned

for an indefinite period or to a day that is more than seven days after the

date on which the Assembly was adjourned.

Salary

and benefits

3.4

(1) The

Board shall determine the salary and benefits of the Chief Electoral Officer.

Pension

plan

(2) Subject

to subsections (3) and (4), the Chief Electoral Officer is a member of the

Public Service Pension Plan.

Notice

re pension plan

(3) Within

60 days after his or her appointment takes effect, the Chief Electoral Officer

may notify the Speaker in writing that he or she elects not to be a member of

the Public Service Pension Plan.

Same

(4) If

the Chief Electoral Officer gives notice of their election to the Speaker in

accordance with subsection (3), the election is irrevocable and is deemed to

have taken effect when the appointment took effect.

Expenses

(5) Subject

to the approval of the Board, the Chief Electoral Officer is entitled to be

reimbursed for reasonable expenses that he or she incurs in respect of anything

done under this Act.

Transition

(6) The

salary and benefits of the Chief Electoral Officer in office immediately before

the day the Restoring Trust, Transparency and

Accountability Act, 2018 receives Royal Assent continue to be determined

in accordance with subsection 4 (2), clause 116 (1) (

a) and subsection 116

(1.1) of this Act, as they read immediately before that day.

Designation

by Chief Electoral Officer

3.5

(1) The

Chief Electoral Officer shall designate an individual from among the employees

of Elections Ontario who shall have the powers and duties of the Chief

Electoral Officer if the Chief Electoral Officer is absent or unable to fulfil

the duties of his or her office or if the office becomes vacant.

Designation

in writing

(2) A

designation under subsection (1) shall be in writing to the Speaker.

Powers

and duties

(3) The

individual designated under subsection (1) shall have the powers and duties of

the Chief Electoral Officer unless a temporary Chief Electoral Officer is

appointed under

section 3.6.

Salary

(4) The

Board may increase the salary of an individual who assumes the duties and

powers of the Chief Electoral Officer under subsection (1) in such

circumstances as the Board considers appropriate.

Removal

or suspension

(5) Section

3.3 applies in respect of an individual who assumes the powers and duties of

the Chief Electoral Officer under subsection (1).

Transition

(6) Despite

subsection (1) and

section 3.6, the Deputy Chief Electoral Officer in office

immediately before the day the Restoring Trust,

Transparency and Accountability Act, 2018 receives Royal Assent continues

to hold office as an officer of the Assembly and shall have the powers and

duties of the Chief Electoral Officer if the Chief Electoral Officer is absent

or unable to fulfil the duties of his or her office or if the office becomes

vacant.

Same

(7) Clauses

114 (1) (

b) and 116 (1) (

b) and subsections 116 (1.2), (3) and (4) of the Act,

as they read immediately before the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent,

continue to apply to the Deputy Chief Electoral Officer continued in office

under subsection (6).

Temporary

Chief Electoral Officer

3.6

(1) If the

Chief Electoral Officer is unable to fulfil the duties of his or her office or

the office becomes vacant, the Assembly may, by order, appoint a temporary

Chief Electoral Officer.

Same,

conditions

(2) An

order shall be made under subsection (1) only if,

(

a) the

Chief Electoral Officer,

(

i) has

not made a designation under subsection 3.5 (1), or

(ii) has

made a designation under subsection 3.5 (1), but,

(

A) the

Chief Electoral Officer has been removed or suspended under

section 3.3, or

(

B) the

person designated is unable or unwilling to act or has been removed or

suspended under

section 3.3; and

(

b) unless

decided otherwise by unanimous consent of the Assembly, the person to be

appointed has been selected by unanimous agreement of a panel composed of one

member of the Assembly from each recognized party, chaired by the Speaker who

is a non-voting member.

Appointment

if Assembly not in session

(3) If,

while the Assembly is not in session, the Chief Electoral Officer is unable to

fulfil the duties of his or her office or the office becomes vacant, the Board

may appoint a temporary Chief Electoral Officer.

Same

(4) Clause

(2) (

a) applies with respect to an appointment under subsection (3).

Powers,

salary and benefits

(5) A

temporary Chief Electoral Officer shall have the powers and duties of the Chief

Electoral Officer and shall be paid a salary and benefits determined by the

Board and, subject to the approval of the Board, be reimbursed for reasonable

expenses that he or she incurs in respect of anything done under this Act.

Duration

of office

(6) A

temporary Chief Electoral Officer shall hold office until,

(

a) the

Chief Electoral Officer is able to fulfil the duties of the office, where the

appointment resulted from the Chief Electoral Officer being unable to do so;

(

b) where

the appointment resulted from a suspension of the Chief Electoral Officer, the

suspension is revoked by order of the Assembly, by the Board under subsection

3.3 (4) or by operation of subsection 3.3 (5);

(

c) the

Assembly appoints a different temporary Chief Electoral Officer under

subsection (1); or

(

d) the

Assembly appoints a Chief Electoral Officer under

section 3.1.

cases of emergency, etc.

3.7 Where in the opinion of

the Chief Electoral Officer, by reason of any mistake, miscalculation,

emergency or unusual or unforeseen circumstance, a situation exists for which

no provision is made under this Act, the Chief Electoral Officer may make such

appointments or give such directions as he or she considers proper and anything

done in compliance with any such direction is not open to question, but the

Chief Electoral Officer shall immediately give notice of any such direction to

the candidates affected and to the registered parties, if any, of the

candidates.

Delegation

3.8 The Chief Electoral

Officer may delegate in writing to any officer on his or her staff authority to

exercise any power and perform any duty, other than those mentioned in

section

3.7, assigned to the Chief Electoral Officer by this Act.

Subsequent

appointment not prohibited

3.9 A person appointed as a

temporary Chief Electoral Officer and the Deputy Chief Electoral Officer

referred to in subsection 3.5 (6) are not prohibited from a subsequent

appointment as Chief Electoral Officer under

section 3.1.

Restrictions

re other work, etc.

3.10

(1) The

Chief Electoral Officer shall not be a member of the Assembly and shall not,

without prior approval by the Assembly, or by the Board when the Assembly is

not in session, hold any other office or employment.

Exception

(2) Despite

subsection (1), the Chief Electoral Officer may hold more than one office to

which he or she has been appointed by the Assembly or the Board.

Oath

of office

3.11

(1) Before

beginning the duties of his or her office, the Chief Electoral Officer shall

take an oath or affirmation that he or she will faithfully and impartially

exercise the functions of the office.

Same

(2) The

Speaker or the Clerk of the Assembly shall administer the oath or affirmation.

Forms

3.12

(1) The

Chief Electoral Officer shall prescribe the forms for use under this Act.

Administrative

in nature

(2) The

prescribing of forms under subsection (1) or the exercise of any power or the

performance of any duty by the Chief Electoral Officer that he or she is

authorized or required to exercise or perform under this Act is deemed to be an

act or acts of an administrative nature.

Protection

from liability

(1) No

cause of action arises, no proceeding may be brought and no remedy is available

or damages, costs or compensation payable in connection with any amendment made

Schedule 12 to the Restoring Trust, Transparency and Accountability Act,

2018 to this Act or anything done or not done in accordance with those

amendments.

Same

(2) Subsection

(1) applies whether the cause of action on which a proceeding is based arose

before or after the day that subsection comes into force.

Proceedings

set aside

(3) Any

proceeding referred to in subsection (1) commenced before the day that

subsection comes into force is deemed to have been dismissed, without costs, on

that day.

Subsection 10 (4) of the Act is amended by striking out “subsection 4 (7)” and

substituting “section 3.7”.

Subsection 114 (1) of the Act is repealed and the following substituted:

Office

of the Chief Electoral Officer

(1) Subject

to the approval of the Board, the Chief Electoral Officer may employ such

persons on his or her permanent staff as are necessary in the performance of his

or her duties and for the efficient and proper operation of his or her office

and may establish job classifications for such employees and determine their

(1) Subsections 116 (1), (1.1) and (1.2) of the Act are repealed and

the following substituted:

Benefits

(1) The benefits determined under

Part III of

the Public Service of Ontario Act, 2006 for public

servants employed under that Part to work in a ministry, other than in a

minister’s office, who are not within a bargaining unit apply to the full-time

permanent and probationary employees of the office of the Chief Electoral

Officer.

Same

(1.1) For

the purposes of subsection (1), if a benefit applicable to an employee of the

office of the Chief Electoral Officer is contingent on the exercise of a

discretionary power or the performance of a discretionary function, the Chief

Electoral Officer or any other person authorized in writing by the Chief

Electoral Officer may exercise the power or perform the function.

(2) Subsection

116 (3) of the Act is repealed.

The Act is amended by adding the following heading and section:

Transitional

Regulations

Transitional

regulations

(1) The

Lieutenant Governor in Council may make regulations providing for transitional

matters arising from the enactment of

Schedule 12 to the Restoring

Trust, Transparency and Accountability Act, 2018 .

Conflict

(2) If

there is a conflict between a regulation made under subsection (1) and a

provision of this or any other Act or a provision of another regulation made

under any other Act, the regulation made under subsection (1) prevails.

Election

Finances Act

The definition of “Chief Electoral Officer” in subsection 1 (1) of the Election Finances Act is amended by striking out

“subsection 4 (1)” and substituting “subsection 3.1 (2)”.

Commencement

This

Schedule comes into force on the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

Schedule 13

Election Finances Act

(1) Subsections 18 (1) to (1.4) of the Election

Finances Act are repealed and the following substituted:

Maximum

contributions

Registered

parties

(1) The

contributions that a person makes to any one registered party shall not exceed,

in a calendar year, $1,600 plus $25 for each calendar year that has begun on or

after January 1, 2020.

Constituency

associations, nomination contestants

(1.1) The

contributions that a person makes to registered constituency associations and

registered nomination contestants of any one registered party shall not exceed,

in a calendar year, $1,600 plus $25 for each calendar year that has begun on or

after January 1, 2020.

Candidates

of party

(1.2) The

contributions that a person makes to registered candidates of any one

registered party shall not exceed, in a campaign period, $1,600 plus $25 for

each calendar year that has begun on or after January 1, 2020.

Non-party

candidates

(1.3) The

contributions that a person makes to all registered candidates not endorsed by

a registered party shall not exceed, in a campaign period, $1,600 plus $25 for

each calendar year that has begun on or after January 1, 2020.

Leadership

contestants

(1.4) The

contributions that a person makes to any one registered leadership contestant

of a registered party shall not exceed, in a calendar year that falls during a

leadership contest period or during which the contestant is required to be

registered by virtue of subsection 14 (2.1), $1,600 plus $25 for each calendar

year that has begun on or after January 1, 2020.

(2) Subsection

18 (3.1) of the Act is repealed.

Subsection 19 (3) of the Act is repealed.

Subsection 23 (7) of the Act is repealed.

Section 23.1 of the Act is repealed.

(1) Paragraph 5 of subsection 32.1 (2) of the Act is repealed and

the following substituted:

5. In

the 2021 calendar year, $0.452 multiplied by the number of valid votes cast for

the party’s candidates in the election referred to in subsection (1).

(2) Paragraph

1 of subsection 32.1 (5) of the Act is repealed and the following substituted:

1. For

each electoral district, take,

i. $6,250,

multiplied by the indexation factor determined for the calendar year under

section 40.1, if the calendar year ends on or before December 31, 2020, and

ii. two

thirds of the amount determined under subparagraph i for the calendar year

2020, if the calendar year is 2021.

(3) Subsection

32.1 (7) of the Act is repealed.

(4) Section

32.1 of the Act is repealed.

(1) Subsection 40.1 (1) of the Act is amended by striking out “and

subject to subsection (2)” in the portion before clause (a).

(2) Subsection

40.1 (2) of the Act is repealed.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on January

1, 2019.

(2) Subsection

5 (4) and

section 6 come into force on January 1, 2022.

Schedule 14

Electricity Act, 1998

(1) Clause 25.33 (1) (

b) of the Electricity

Act, 1998 is amended,

(

a) by

adding “or had” after “has”; and

(

b) by

adding “other than amounts funded under

section 25.34” after “as determined

under the procurement contract”.

(2) Clause

25.33 (2) (

b) of the Act is amended,

(

a) by

adding “or had” after “has”; and

(

b) by

adding “other than amounts funded under

section 25.34” after “as determined

under the procurement contract”.

The Act is amended by adding the following section:

Public

funding of certain amounts related to procurement contracts

25.34

(1) The IESO

shall pay all or any portion of the amounts described in subsection (2), as

determined by the Minister, out of money appropriated for the purpose of this

section by the Legislature, if any.

Same

(2) Subject

to the regulations, the amounts to which subsection (1) applies are the amounts

required to be paid by the IESO to an entity as a result of the termination, in

accordance with Order in Council 1003/2018 made on July 5, 2018, of a

procurement contract to which the entity was a party.

Variance

accounts

(3) The

IESO shall establish and maintain such variance accounts as may be necessary to

record all amounts payable or receivable by it under this section.

Information

to be provided by IESO

(4) The

IESO shall provide to the Minister the information specified by the Minister

for the purposes of this section, in the time and manner specified by the

Minister.

Information

to be provided by party to procurement contract

(5) A

party to a procurement contract described in subsection (2) shall provide to

the Minister the information specified by the Minister for the purposes of this

section, in the time and manner specified by the Minister.

Subsection 114 (1.3) of the Act is amended by adding the following clause:

(

h) providing

that certain amounts or portions of amounts are not included in the amounts

referred to in subsection 25.34 (2), and specifying those excluded amounts or

portions of amounts or methods for determining them.

Commencement

This

Schedule comes into force on the day the Restoring

Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

schedule 15

environmental bill of rights, 1993

Subsection 1 (1) of the Environmental Bill of Rights, 1993

is amended by adding the following

definitions:

“Auditor

General” means the Auditor General under the Auditor

General Act ; (“vérificateur général”)

“Environment

Minister” means the member of the Executive Council to whom the administration

of this Act is assigned under the Executive Council Act ;

(“ministre de l’Environnement”)

“greenhouse

gas” means,

(

a) carbon

dioxide,

(

b) methane,

(

c) nitrous

oxide,

(

d) hydrofluorocarbons,

(

e) perfluorocarbons,

(

f) sulphur

hexafluoride, or

(

g) any

other contaminant prescribed as a greenhouse gas by regulations under this Act;

(“gaz à effet de serre”)

The Act is amended by adding the following Part:

Part

I.1

ENVIRONMENT Minister

Environment

Minister

2.1 In addition to

fulfilling the Environment Minister’s other duties under this Act, the

Environment Minister shall,

(

a) at

the request of a minister, assist a ministry in providing educational programs

about this Act;

(

b) provide

educational programs about this Act to the public; and

(

c) provide

general information about this Act to members of the public who wish to

participate in decision-making about a proposal as provided in this Act.

Subsection 29 (2) of the Act is amended by striking out “Environmental

Commissioner” at the end and substituting “Auditor General”.

Subsection 30 (2) of the Act is amended by striking out “Environmental

Commissioner” at the end and substituting “Auditor General”.

Subsections 47 (3) and (4) of the Act are repealed and the following

substituted:

Placing

on registry

(3) The

notice required by subsection (1) shall be given by delivering it to the

Environment Minister who shall promptly place it on the registry.

Same

(4) Delivery

of the notice to the Environment Minister shall be made no later than the

earlier of,

(

a) two

days after the day on which the application was made or the appeal commenced;

and

(

b) the

end of the time period within which the application could be made or the appeal

could be commenced.

Part III of the Act is repealed and the following substituted:

Part

III

COMMISSIONER of the ENVIRONMENT, RepOrts, etc.

Auditor

General

(1) The Auditor General may

exercise the powers and shall perform the duties and functions assigned to him

or her under this Act.

Same

(2) Every

power possessed by the Auditor General in carrying out his or her functions and

responsibilities under the Auditor General Act , and

every duty to comply with the exercise of such a power, is also a power and

duty under this Act, subject to any necessary modification.

Commissioner

of the Environment

(1) The

Auditor General shall appoint a Commissioner of the Environment who shall be an

employee of the Office of the Auditor General.

Duties

(2) The

Commissioner of the Environment shall exercise the powers and perform the

duties delegated to the Commissioner by the Auditor General under this Act.

Absence

(3) If

the Commissioner of the Environment is absent or unable to fulfil his or her

duties, the Auditor General may designate in writing an employee of the Office

of the Auditor General to fulfil those duties.

Reports

(1) The

Auditor General shall report annually to the Speaker of the Assembly with

regard to the operation of this Act, and the Speaker shall lay the report

before the Assembly as soon as reasonably possible.

Same

(2) The

annual report may include,

(

a) a

review of progress on activities to promote energy conservation;

(

b) a

review of progress on activities to reduce greenhouse gas emissions; and

(

c) any

matters that the Auditor General considers appropriate.

Same

(3) The

annual report may, in the Auditor General’s discretion, be included in the

Auditor General’s annual report prepared under

section 12 of the Auditor General Act .

Employees

continued

(1) The

employees who work in the office of the Environmental Commissioner immediately

before the day

section 6 of

Schedule 15 to the Restoring

Trust, Transparency and Accountability Act, 2018 comes into force and

who are offered and accept employment with the Office of the Auditor General

shall continue to be employed on such terms as may be determined under

section

20 of the Auditor General Act .

Same

(2) The

employment of the employees described in subsection (1) is not terminated or

severed, including for the purposes of the Employment

Standards Act, 2000 , and the employment of the employees immediately

before and after the day

section 6 of

Schedule 15 to the Restoring

Trust, Transparency and Accountability Act, 2018 comes into force is

continuous for the purposes of calculating an employee’s length or period of

employment.

Transfers

(1) Subject

to subsection (2), the rights, obligations, assets and liabilities relating to

the office of the Environmental Commissioner, as they exist immediately before

the day

section 6 of

Schedule 15 to the Restoring Trust,

Transparency and Accountability Act, 2018 comes into force, become

rights, obligations, assets and liabilities relating to the Office of the

Auditor General on that day.

Exception

(2) Subsection

(1) does not apply in respect of the rights, obligations, assets or liabilities

relating to the employees who work in the office of the Environmental

Commissioner immediately before the day

section 6 of

Schedule 15 to the Restoring Trust, Transparency and Accountability Act, 2018

comes into force.

Non-application

of successor rights and sale of business rules

Any

rules respecting successor rights or the sale of a business set out in the Crown Employees Collective Bargaining Act, 1993 ,

including but not limited to

section 10 of that Act, and the Labour Relations Act, 1995 , including but not limited to

section 69 of that Act, do not apply with respect to the transfer described in

subsection 53 (1).

Protection

from liability

(1) No

cause of action arises, no proceeding may be brought and no remedy is available

or damages, costs or compensation payable in connection with any amendment made

Schedule 15 to the Restoring Trust, Transparency and Accountability Act,

2018 to this Act or anything done or not done in accordance with those

amendments.

Same

(2) Subsection

(1) applies whether the cause of action on which a proceeding is based arose

before or after the day that subsection comes into force.

Proceedings

set aside

(3) Any

proceeding referred to in subsection (1) commenced before the day that

subsection comes into force is deemed to have been dismissed, without costs, on

that day.

Sections 61 to 66 of the Act are repealed and the following substituted:

Application

for review

(1) Any two persons resident in Ontario who

believe that an existing policy, Act, regulation or instrument of Ontario

should be amended, repealed or revoked in order to protect the environment may

apply to the appropriate minister for a review of the policy, Act, regulation

or instrument.

Same

(2) Any

two persons resident in Ontario who believe that a new policy, Act or

regulation of Ontario should be made or passed in order to protect the

environment may apply to the appropriate minister for a review of the need for

the new policy, Act or regulation.

Same

(3) An

application under subsection (1) or (2) shall be in the form provided for the

purpose by the Environment Minister and shall include,

(

a) the

names and addresses of the applicants;

(

b) an

explanation of why the applicants believe that the review applied for should be

undertaken in order to protect the environment; and

(

c) a

summary of the evidence supporting the applicants’ belief that the review

applied for should be undertaken in order to protect the environment.

Same

(4) In

addition, an application under subsection (1) shall clearly identify the

policy, Act, regulation or instrument in respect of which a review is sought.

Where

ministry not prescribed

(1) Where an application for review is made to a

minister for a ministry not prescribed for the purposes of this Part, the

responsible minister shall, within 10 days of receiving the application, give

notice to the applicants in accordance with subsection (2).

Notice

(2) A

notice under subsection (1) shall,

(

a) name

the ministry or ministries to which the application has been made;

(

b) identify

any ministry named under clause (

a) that is not prescribed for the purposes of

this Part; and

(

c) explain

that the obligations set out in sections 65 to 72 apply only in relation to

ministries prescribed for the purposes of this Part.

Ministerial

review, ss. 65 to 72

(1) Subject to subsection (2) and

section 64,

the obligations set out in sections 65 to 72 apply where a minister receives an

application for review for consideration in a ministry that is prescribed for

the purposes of this Part.

Same

(2) The

obligations in sections 65 to 72 do not apply in relation to an application

for,

(

a) a

review of an existing Act, regulation or instrument other than a prescribed

Act, regulation or instrument;

(

b) a

review of the need for a new exemption under the Environmental

Assessment Act .

Same

(3) A

minister who determines under subsection (2) that sections 65 to 72 do not

apply in relation to an application for review shall give notice of the

determination to the applicants.

Forwarding

applications to more appropriate ministries

(1) A minister who has r

Document details

Collection	Ontario — Bills
Citation	Bill 57, 42-1
Type	bill
Volume / chapter	p42 s1 bill-57 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e6bdd51bb819668003cff2af0c4dc1e3a339341b

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