Supporting People and Businesses Act, 2021 — Bill 13 (42nd Parliament, 2nd Session)
Bill 13, 42-2
Ontario — Bills
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Bill 13, Supporting People and Businesses Act, 2021
Tangri, Hon. Nina Associate Minister of Small Business and Red Tape Reduction
Royal Assent received. Statutes of Ontario 2021,
chapter 34
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Bill 13 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a
reader’s aid to Bill 13 and does not form part of the law.
Bill 13 has been enacted as
Chapter 34 of the Statutes of Ontario, 2021.
SCHEDULE 1
BARRISTERS ACT
The
Schedule repeals
section 3 of the Barristers Act .
Section 3 of the Act sets out the order of precedence for members of the bar of
Ontario in the courts of Ontario.
SCHEDULE 2
CANNABIS LICENCE ACT, 2018
The
Schedule amends the Cannabis Licence Act, 2018
respecting methods of distributing cannabis sold through cannabis retail
stores. In particular,
section 20 of the Act is re-enacted to provide that
cannabis may be distributed either in person in a cannabis retail store or in
an area immediately adjacent to it or by delivery. Complementary amendments are
made to various provisions of the Act. Additionally, related amendments are
made to two other statutes:
1. Subsection
7 (2) of the Cannabis Control Act, 2017 is amended
to expand the application of the subsection to distribution, which includes
delivery, rather than to delivery only, when cannabis is not provided to a
purchaser at the time of sale.
Section 9 of the Act is re-enacted to provide
that no person may purchase cannabis except from an authorized cannabis
retailer, as defined in the Act.
Section
2 of the Ontario Cannabis Retail Corporation Act, 2017 ,
setting out the exclusive rights of the Corporation, is re-enacted. The
Corporation is given the exclusive right to sell cannabis online, without doing
so through a cannabis retail store. Selling cannabis for resale through a
cannabis retail store continues to be an exclusive right of the Corporation.
The Corporation’s exclusive rights also continue to be subject to such
exceptions as may be specified by regulations made under the Act.
The
Cannabis Licence Act, 2018 is also amended to
provide for searches, including warrantless searches, of conveyances for enforcement
purposes. As well, subsection 49 (1) of the Act is amended to add an authority
for the Lieutenant Governor in Council to make regulations governing rules and
processes that apply if the Registrar of the Alcohol and Gaming Commission of
Ontario receives a copy of a resolution of the council of the band in respect
of a reserve containing a prescribed request relating to the delivery of
cannabis or other products to the reserve. This could include regulations
prohibiting or restricting the delivery of cannabis to a reserve.
Finally
a correction is made to the French version of the definition of “reserve” in
subsection 1 (1) of the Cannabis Licence Act, 2018
and subsection 26 (3) of the Cannabis Control Act, 2017 .
SCHEDULE 3
COLLECTION AND DEBT SETTLEMENT SERVICES ACT
The
Collection and Debt Settlement Services Act is
amended to update references to certain statutes.
SCHEDULE 4
COURTS OF JUSTICE ACT
The
Schedule amends
section 17 of the Courts of Justice Act
to address an outstanding reference to case management masters, in part
retroactive to September 1, 2021, the day on which they were retitled as
associate judges. The
Schedule also corrects several French language errors in
the Act.
SCHEDULE 5
CROWN ADMINISTRATION OF ESTATES ACT
The
Schedule amends the Crown Administration of Estates Act
to change a reference to the Ministry of the Attorney General website to refer
instead to a Government of Ontario website.
SCHEDULE 6
CROWN FOREST SUSTAINABILITY ACT, 1994
The
Schedule amends the Crown Forest Sustainability Act, 1994
by adding a new
part III.2 governing the harvesting of forest resources in
Crown forests for personal use in the prescribed circumstances or in accordance
with an authorization issued by the Minister. Several consequential amendments
are made and the Lieutenant Governor in Council is given new regulation making
powers in respect of the harvesting of forest resources for personal use.
SCHEDULE 7
DEVELOPMENT CHARGES ACT, 1997
The
amendments to the Development Charges Act, 1997
change the method by which the estimate for the increase in the need for the
Yonge North subway extension is calculated by basing it on the planned level of
service provided in the municipality over the 20-year period immediately
following the preparation of the background study.
SCHEDULE 8
EDUCATION ACT
The
Education Act is amended to remove references to
ranked ballot elections, change when boards must elect their chairs and when
the chief executive officer of a board must submit a report to the board, and
eliminate certain requirements relating to the appointment of supervisory
officers.
SCHEDULE 9
ELECTRICITY ACT, 1998
The
Schedule amends the Electricity Act, 1998 to add a
new
section 36.1.1 creating a two-year limitation period (or such other
limitation period as may be prescribed) that applies to certain payments,
adjustments and amounts settled by the IESO.
Related
amendments concerning limitation periods are made to the Electricity
Act, 1998 and other Acts:
1. A
new subsection (9) is added to
section 25.33 (Global Adjustment) of the Electricity Act, 1998 to create the authority to provide
for a limitation period in respect of adjustments to be made by the IESO,
distributors and retailers under that
section or the regulations.
2. The
Limitations Act, 2002 is amended to add new
section
36.1.1 of the Electricity Act, 1998 to the
Schedule
made under
section 19 of that Act, to provide that a limitation period
established under
section 36.1.1 of the Act or the regulations prevails in
respect of a claim where a limitation period in the Act also applies.
3. New
provisions are added to the Ontario Energy Board Act, 1998
to create the authority to prescribe limitation periods for entitlements
related to certain electricity rate-mitigation programs.
4. The
Ontario Fair Hydro Plan Act, 2017 is amended to
authorize the making of regulations to prescribe a limitation period related to
the entitlement of consumers; and the rights or obligations of electricity
vendors, unit sub-meter providers and the IESO in respect of payments,
adjustments or amounts to be provided under that Act as it read immediately
before the final plan date.
The
Schedule also amends
Part VIII of the Electricity Act,
1998 to replace the administrative penalties currently provided for in
respect of that Part with a new authority to impose administrative penalties,
and to make related amendments. Under the new provisions, the Director may
order a person to pay an administrative penalty if the person has contravened a
prescribed provision of
Part VIII or the regulations made under it, certain
restrictions, limitations or conditions of a prescribed authorization or a
prescribed order of the Authority. The maximum amount of an administrative
penalty is $10,000. The Minister is given regulation-making authority over
matters relating to administrative penalties.
SCHEDULE 10
ENVIRONMENTAL ASSESSMENT ACT
The
Schedule amends the Environmental Assessment Act to
specify that both amendments to approved class environmental assessments, as
well as amendments to approvals of class environmental assessments, may include
amendments to change the classes of undertakings to which the class
environmental assessment applies.
SCHEDULE 11
LIQUOR LICENCE AND CONTROL ACT, 2019
Paragraph
17 of subsection 78 (1) of the Liquor Licence and Control
Act, 2019 provides regulation-making authority to authorize the
Registrar to approve temporary physical extensions of licensed premises. The
Schedule re-enacts paragraph 17 to provide for a broad regulation-making
authority governing physical extensions and other physical changes to licensed
premises that may be specified by the regulations, which may be temporary or
permanent and indoor or outdoor extensions or changes.
SCHEDULE 12
MINING ACT
The
Schedule amends the Mining
Act to add a new
section 139.0.1 to
Part VII (Rehabilitation of Mining
Lands). The new
section provides for a process by which activities that would
otherwise be “mine production” as defined in
section 139 for the purposes of
Part VII are in specified circumstances instead deemed to be either “advanced
exploration” as defined in that
section or activities to which
section 78.2,
78.3 or both apply. A proponent in respect of whom a deeming applies under the
new
section is subject to certain additional requirements specified in
subsection 139.0.1 (6). The new
section also specifies a process by which the
deeming may cease to apply. Consequential amendments are made to
section 78.1
and the
definitions of “mine production” and “advanced exploration” in
section
The
Schedule also amends
Part VII to provide for a new recovery permit that
authorizes the holder to recover minerals or mineral bearing substances from
tailings or other waste materials resulting from mining, subject to the permit holder
ensuring the remediation of the land on which the tailings or other waste
materials are located. The remediation must be such that the condition of the
land with respect to one or both of public health and safety or the environment
is improved following the recovery and remediation, as determined by the
Director of Mine Rehabilitation (section 152.1). Lands may be excluded under
section 152.2 from the application of a permit. The recovery permit holder is
required to comply with the permit, including the recovery and remediation plan
permit is subject (section 152.3). Provisions are added to provide for the
making of orders or directions in the event of a failure to comply, or in
circumstances where public health and safety or the environment have been or
may likely be injured, damaged or endangered (sections 152.6 and 152.7).
Consequential amendments are made to the definition of “mine” in subsection 1
(1) and throughout
Part VII.
SCHEDULE 13
MINISTRY OF INFRASTRUCTURE ACT, 2011
Currently,
clause 7.1 (4) (
c) of the Ministry of Infrastructure Act,
2011 allows the Lieutenant Governor in Council to make regulations
respecting the application of specified statutes to any corporation that the
Minister may establish, acquire or otherwise deal with for purposes of
investing in, supporting or developing transit-oriented community projects
related to priority transit projects. The
Schedule amends this clause to add a
reference to the Not-for-Profit Corporations Act, 2010 .
SCHEDULE 14
NORTHERN SERVICES BOARDS ACT
The
Schedule amends several provisions of the Northern
Services Boards Act related to where notices of meetings are to be
posted and how they are to be published. Notably, notices of meetings can now
be published by electronic means or in an electronic format. Similar amendments
are made to provisions of the Act dealing with where the minutes of meetings
are to be posted and how they are published.
SCHEDULE 15
OCCUPATIONAL HEALTH AND SAFETY ACT
The
Schedule amends the Occupational Health and Safety Act
as follows:
The
Act is amended with respect to terminology related to engineers. A new
definition of the term “engineer” is added and the term “engineer of the
Ministry” is replaced by the term “professional engineer of the Ministry”.
Related amendments are made to the Act.
Certain
notification and reporting provisions are amended with respect to deaths,
critical injuries and other occurrences at a workplace. An amendment is made
that if the regulations so provide, an employer must at least annually prepare
and review a written occupational health and safety policy and develop and maintain
a program to implement that policy for workplaces with five or fewer workers. A
new regulation-making authority provides for the prescribing of elements and
format of policies and programs required under the Act.
SCHEDULE 16
ONTARIO AGENCY FOR HEALTH PROTECTION AND PROMOTION ACT, 2007
The
Ontario Agency for Health Protection and Promotion Act,
2007 is amended to give the Lieutenant Governor in Council the authority
to designate the chair and vice-chairs of the Agency’s board of directors.
SCHEDULE 17
ONTARIO COLLEGE OF TEACHERS ACT, 1996
The
Ontario College of Teachers Act, 1996 is amended in
respect of various matters, including the composition of the Council and of
panels of committees, the appointment of deputy registrars and the use of
certain notations in the register. Provisions are also added prohibiting
persons who are not members of the College from using certain titles or holding
themselves out as members.
SCHEDULE 18
ONTARIO ENERGY BOARD ACT, 1998
The
Schedule amends
section 4.3 of the Ontario Energy Board
Act, 1998 by removing the upper limit on the number of commissioners
that may be appointed, and to provide that the Labour
Relations Act, 1995 does not apply to commissioners.
addition,
section 4.10 of the Act is amended to provide for a single process
for ministerial review of certain by-laws made by the board of directors of the
Ontario Energy Board.
SCHEDULE 19
PLANNING ACT
The
Schedule adds a new
section 39.2 to the Planning Act .
Section 39.2 provides that the council of a local municipality may, by by-law,
delegate the authority to pass by-laws under
section 34 that are of a minor
nature to a committee of council or an individual who is an officer, employee
or agent of the municipality. The
Schedule also makes consequential amendments
to the Municipal Act, 2001 and the City of Toronto Act, 2006 .
SCHEDULE 20
POLICE RECORD CHECKS REFORM ACT, 2015
The
Police Record Checks Reform Act, 2015 is amended to
add a definition of “volunteer”. The Act is also amended to prohibit police
services from charging certain fees in respect of police record checks
requested by volunteers. The regulation-making authority is expanded with
respect to prescribing requirements for how police services are to conduct
police record checks for volunteers and with respect to prescribing purposes
and periods of time for which such checks may be relied on.
SCHEDULE 21
PROFESSIONAL FORESTERS ACT, 2000
The
Schedule amends the scope of practice of professional forestry set out in
section 3 of the Professional Foresters Act, 2000 .
Several consequential amendments are made. Subsection 14 (7) of the Act is also
amended to expand the prohibition against the use of the designation
“Registered Professional Forester” by non-members.
SCHEDULE 22
PROVINCIAL PARKS AND CONSERVATION RESERVES ACT, 2006
The
Provincial Parks and Conservation Reserves Act, 2006
is amended to prohibit acquiring rights in or title to lands to which that Act
applies, or to lands acquired for purposes of the Act, through the use,
possession or occupation of the lands or by prescription.
SCHEDULE 23
PUBLIC LANDS ACT
The
Public Lands Act is amended to prohibit acquiring
rights in or title to public lands through the use, possession or occupation of
the lands or by prescription.
Other
amendments clarify the power of the Minister to establish and charge fees or
other charges for any service, approval, permission or decision under the Act.
Certain
powers currently exercised by the Lieutenant Governor in Council are given to
the Minister.
The
ability of the Minister to transfer or dispose of lands along waterbodies is
clarified.
Other
changes of a housekeeping nature are made.
SCHEDULE 24
TORONTO ATMOSPHERIC FUND ACT, 2005
Provisions
of the Toronto Atmospheric Fund Act, 2005 relating
to the City of Toronto and financial commitments, liabilities and obligations
of the Fund are repealed.
SCHEDULE 25
WATER OPPORTUNITIES ACT, 2010
The
Schedule repeals
Part II (Water Technology Acceleration Project) of the Water Opportunities Act, 2010 and makes a consequential
amendment to subsection 42 (1) of the Act.
Bill 13 2021
Act to amend various Acts
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Barristers
Act
Schedule 2
Cannabis
Licence Act, 2018
Schedule 3
Collection
and Debt Settlement Services Act
Schedule 4
Courts
of Justice Act
Schedule 5
Crown
Administration of Estates Act
Schedule 6
Crown
Forest Sustainability Act, 1994
Schedule 7
Development
Charges Act, 1997
Schedule 8
Education
Act
Schedule 9
Electricity
Act, 1998
Schedule 10
Environmental
Assessment Act
Schedule 11
Liquor
Licence and Control Act, 2019
Schedule 12
Mining
Act
Schedule 13
Ministry
of Infrastructure Act, 2011
Schedule 14
Northern
Services Boards Act
Schedule 15
Occupational
Health and Safety Act
Schedule 16
Ontario
Agency for Health Protection and Promotion Act, 2007
Schedule 17
Ontario
College of Teachers Act, 1996
Schedule 18
Ontario
Energy Board Act, 1998
Schedule 19
Planning
Act
Schedule 20
Police
Record Checks Reform Act, 2015
Schedule 21
Professional
Foresters Act, 2000
Schedule 22
Provincial
Parks and Conservation Reserves Act, 2006
Schedule 23
Public
Lands Act
Schedule 24
Toronto
Atmospheric Fund Act, 2005
Schedule 25
Water
Opportunities Act, 2010
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Subject to subsections (2) and (3), this
Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Supporting
People and Businesses Act, 2021 .
SCHEDULE 1
BARRISTERS ACT
Section 3 of the Barristers Act is repealed.
Commencement
This
Schedule comes into force on the day the Supporting
People and Businesses Act, 2021 receives Royal Assent.
SCHEDULE 2
CANNABIS LICENCE ACT, 2018
The French version of the definition of “reserve” in subsection 1 (1) of the Cannabis Licence Act, 2018 is amended by adding “indiens”
after “habitants”.
Paragraph 2 of subsection 5 (1) of the Act is amended by adding “or
distribution” after “the sale”.
Clauses 7 (4) (
a) and (
b) of the Act are amended by adding “or distribute”
after “sell” wherever it appears.
Sections 18 to 20 of the Act are repealed and the following substituted:
Restriction
on products, services
The
holder of a retail store authorization may only sell or charge for,
(
a) cannabis
that was purchased by the holder directly from the Ontario Cannabis Retail
Corporation, in the packaging in which it was purchased from the Ontario
Cannabis Retail Corporation, subject to the regulations; and
(
b) any
other products or services that may be prescribed.
Purchase
of cannabis by holder
The
holder of a retail store authorization may only purchase cannabis for sale
under the retail store authorization from the Ontario Cannabis Retail
Corporation.
Distribution
The
holder of a retail store authorization shall ensure that cannabis sold by the
holder is distributed only,
(
a) in
person in the cannabis retail store or in an area immediately adjacent to it;
(
b) by
delivery.
Subsection 21 (4) of the Act is repealed and the following substituted:
Limit
on distribution
(4) The
holder of a retail store authorization shall ensure that the amount of cannabis
distributed to an individual during a single visit in person or by delivery does
not exceed the maximum permissible cannabis amount.
Sections 22 and 23 of the Act are repealed and the following substituted:
Only
recorded sales permitted
The
holder of a retail store authorization shall ensure that cannabis is sold only
through recorded sales.
employment of individual under 19 years of age
The
holder of a retail store authorization shall not employ an individual under 19
years of age.
Paragraph 4 of subsection 26 (1) of the Act is repealed and the following
substituted:
4. Training
and other measures relating to the responsible use, sale or distribution of
cannabis.
(1) Section 30 of the Act is amended by adding “or conveyance” after
“place” wherever it appears.
(2) Subsection
30 (3) of the Act is amended by striking out “and provide assistance” and
substituting “or provide assistance”.
Section 31 of the Act is amended by adding “or conveyance” after “place”.
Subsection 32 (2) of the Act is amended by striking out “a place or part of a
place or” and substituting “a place or conveyance or part of a place or
conveyance”.
The Act is amended by adding the following section:
Warrantless
search of conveyances
32.1
(1) In this
section,
“vehicle”
means a motor vehicle, trailer, traction engine, farm tractor, road-building
machine, bicycle or motorized snow vehicle, other than a street car, and
includes anything attached to the vehicle.
Same
(2) For
any purpose relating to the administration and enforcement of this Act and the
regulations, an investigator designated for this
section by the Registrar who
reasonably believes that a vehicle, a vessel, railway equipment on rails or an
aircraft contains evidence of a contravention of this Act or the regulations
may,
(
a) without
warrant, stop and detain it;
(
b) examine
its contents, including any cargo, manifests, records, accounts, vouchers,
papers or other documents that may afford evidence of the contravention; and
(
c) subject
to subsection (3), seize and take away any of the manifests, records, accounts,
vouchers, papers or other documents and retain them until they are produced in
a court proceeding.
Application
for retention of documents
(3) Where
documents are seized under subsection (2), the Registrar shall, within 14 days,
make an application to a justice, as defined in the Provincial
Offences Act , for an order to permit the retention of the documents until
they are produced in a court proceeding, and the application may be heard and
the order may be made, both without notice, on receipt of information under
oath from a person who reasonably believes that the documents afford evidence
of the commission of an offence under this Act.
Seizure
and disposal of cannabis
(4) If,
during a detention under subsection (2), cannabis is found in a person’s
possession contrary to a law of Canada or Ontario, an investigator designated
for this
section by the Registrar may, subject to subsections (5) and (6),
seize, impound and hold and dispose of the cannabis.
Application
(5) Cannabis
seized under subsection (4) is forfeited to the Crown to be disposed of as the
Registrar directs unless, within 30 days following the seizure, the person from
whom the cannabis was seized, or the owner of the cannabis, applies to the
Superior Court of Justice to establish the right to possess the cannabis.
Right
to possession of cannabis
(6) For
the purpose of an application under subsection (5), the applicant has the right
to possession of the cannabis if the possession did not, at the time the
seizure was made, constitute a contravention of a law of Canada or Ontario.
Order
(7) If,
on application under subsection (5), the court is satisfied that the applicant
has the right to possession of the cannabis, the court may order that the
cannabis be returned to the applicant.
Disposal
pending final determination by court
(8) Where
a final order has not been made under subsection (7) within 60 days after the
filing of the application under subsection (5), the Registrar may dispose of
the cannabis pending the determination of the application.
Forfeiture
after dismissal of application
(9) On
dismissal of an application under subsection (5) and the expiry of the
applicable appeal period, the cannabis is forfeited to the Crown to be disposed
of as the Registrar directs.
(1) Clause 49 (1) (
p) of the Act is amended by adding “or
distribution” after “for sale”.
(2) Subsection
49 (1) of the Act is amended by adding the following clause:
(r.1) providing
for and governing rules and processes that apply if the Registrar receives a
copy of a resolution of the council of the band in respect of a reserve
containing a prescribed request relating to the delivery of cannabis or other
products to the reserve, including,
(
i) prohibiting
holders of a retail store authorization from delivering cannabis or other
products to a reserve,
(ii) governing
notice to holders of a retail store authorization respecting a prohibition or
restriction on delivering cannabis or other products to a reserve, including
requiring the Registrar to publish information respecting the prohibition or
restriction on the Commission’s website and governing the publication,
(iii) providing
for and governing rules and processes that apply if the Registrar receives a
copy of a resolution of the council of the band in respect of a reserve
amending or rescinding a resolution to which the regulations apply,
(iv) requiring
a council of the band to provide notice of a resolution to which the
regulations apply, and governing the notice;
Cannabis
Control Act, 2017
(1) Subsection 7 (2) of the Cannabis Control
Act, 2017 is amended,
(
a) by
striking out “deliver” and substituting “distribute”; and
(
b) by
striking out “delivering” and substituting “distributing”.
(2) Section
9 of the Act is repealed and the following substituted:
Unlawful
purchase
person shall purchase cannabis except from an authorized cannabis retailer.
(3) The
French version of the definition of “reserve” in subsection 26 (3) of the Act
is amended by adding “indiens” after “habitants”.
Ontario
Cannabis Retail Corporation Act, 2017
(1) Section 2 of the Ontario Cannabis Retail
Corporation Act, 2017 is repealed and the following substituted:
Exclusive
rights, cannabis sales
Except
as provided by the regulations, the Corporation has the exclusive right in
Ontario to sell cannabis,
(
a) online,
without doing so through a cannabis retail store under the Cannabis Licence Act, 2018 ; and
(
b) to
a holder of a retail store authorization under the Cannabis
Licence Act, 2018 for the purpose of resale through a cannabis retail
store.
(2) Subsection
29 (1) of the Act is amended by adding the following clause:
(
d) providing
for exceptions to the application of
section 2, and making such exceptions
subject to conditions;
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Supporting People and Businesses Act, 2021
receives Royal Assent.
(2) Sections
2 to 12, subsections 13 (1) and (2) and
section 14 come into force on a day to
be named by proclamation of the Lieutenant Governor.
SCHEDULE 3
COLLECTION AND DEBT SETTLEMENT SERVICES ACT
Clause 2 (1) (
c) of the Collection
and Debt Settlement Services Act is repealed and the following
substituted:
(
c) to
an assignee, custodian, liquidator, receiver, trustee or other person licensed
or acting under the Bankruptcy and Insolvency Act
(Canada), the Corporations Act , the Business Corporations Act , the Courts
of Justice Act , the Not-for-Profit Corporations
Act, 2010 or the Winding-up and Restructuring Act
(Canada) or a person acting under the order of any court;
Subsection 19 (1) of the Act is amended by striking out “the Bankruptcy and Insolvency Act (Canada), the Courts of Justice Act , the Corporations
Act , the Business Corporations Act or the Winding-up and Restructuring Act (Canada)” in the portion
after clause (
b) and substituting “the Bankruptcy and
Insolvency Act (Canada), the Courts of Justice Act ,
the Corporations Act , the Business
Corporations Act , the Not-for-Profit
Corporations Act, 2010 or the Winding-up and
Restructuring Act (Canada)”.
Not-for-Profit
Corporations Act, 2010
Section 218 of the Not-for-Profit Corporations Act, 2010
is repealed.
Commencement
This
Schedule comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force
and the day the Supporting People and Businesses Act, 2021
receives Royal Assent.
SCHEDULE 4
COURTS OF JUSTICE ACT
The French version of subsection 6 (1.0.1) of the Courts
of Justice Act is amended by striking out “interjetée en appel” and
substituting “portée en appel”.
The French version of the heading to
Part II of the Act is amended by striking
out “de Justice”.
(1) Clause 17 (
a) of the Act is amended by striking out “a master or
case management master” at the end and substituting “a master, case management
master or associate judge”.
(2) Clause
17 (
a) of the Act, as amended by subsection (1), is amended by striking out “a
master, case management master or associate judge” at the end and substituting
“an associate judge”.
““Votre Honneur” ou” and substituting ““Votre Honneur” or”.
Commencement
(1) Subject to subsections (2) and (3), this
Schedule comes into
force on the day the Supporting People and Businesses Act,
2021 receives Royal Assent.
(2) Subsection
3 (1) is deemed to have come into force on September 1, 2021.
(3) Subsection
3 (2) comes into force on a day to be named by proclamation of the Lieutenant
Governor.
SCHEDULE 5
CROWN ADMINISTRATION OF ESTATES ACT
Subsection 5.1 (8) of the Crown Administration of Estates
Act is amended by striking out “the website of the Ministry of the
Attorney General” at the end and substituting “a Government of Ontario
website”.
Commencement
This
Schedule comes into force on the day the Supporting
People and Businesses Act, 2021 receives Royal Assent.
SCHEDULE 6
CROWN FOREST SUSTAINABILITY ACT, 1994
(1) The definition of “Crown charges” in
section 3 of the Crown Forest Sustainability Act, 1994 is repealed and the
following substituted:
“Crown
charges” means all prices, charges, fees, penalties, costs, expenses, interest
and fines imposed under this Act or the regulations or under a forest resource
licence, a permit or an authorization; (“redevances de la Couronne”)
(2) The
definition of “Minister” in
section 3 of the Act is repealed and the following
substituted:
“Minister”
means the Minister of Northern Development, Mines, Natural Resources and
Forestry or any other member of the Executive Council to whom responsibility
for the administration of this Act may be assigned or transferred under the Executive
Council Act ; (“ministre”)
Clause 41.2 (1) (
c) of the Act is repealed and the following substituted:
(
c) the
granting of a subsequent forest resource licence under
section 38, the issuing
of a subsequent permit under
section 41.6 or the issuance of an authorization
under
section 41.18;
The Act is amended by adding the following part:
PART III.2
AUTHORIZATIONS FOR PERSONAL USE
Definition
41.15 In this Part,
“personal
use” means personal use as defined in the regulations.
Harvesting
for personal use
41.16
(1) A person
may harvest forest resources in a Crown forest for personal use,
(
a) in
accordance with an authorization issued by the Minister, subject to subsection
(2); or
(
b) in
the circumstances prescribed by the regulations.
Minister’s
authorization
(2) The
Minister’s authorization under clause (1) (
a) shall be issued in accordance
with the regulations.
Terms
and conditions
(3) An
the Minister may specify in the authorization.
Prices
and charges
41.17
(1) The
Minister may determine, from time to time, the prices, forestry futures charges
and forest renewal charges applicable to the harvesting of forest resources for
personal use under a Minister’s authorization or in the circumstances
prescribed by the regulations.
Same
(2) A
person who harvests forest resources in a Crown forest for personal use under a
Minister’s authorization or in the circumstances prescribed by the regulations
shall pay the prices and charges determined under subsection (1) in the
amounts, in the manner and within the times required by the Minister.
Personal
use harvesting on land subject to licence
41.18
(1) The Minister
may issue an authorization under
section 41.16 to harvest forest resources on
land that is subject to a forest resource licence.
Same
(2) The
regulations may provide that a person can harvest forest resources under clause
41.16 (1) (
b) on land that is subject to a forest resource licence in the
circumstances prescribed by the regulations.
Part
IV not applicable
41.19
(1) The
harvesting of forest resources for personal use under an authorization issued
under this Part or in the circumstances prescribed by the regulations is not
subject to any of the requirements of
Part IV.
The Act is amended by striking out “Minister of Natural Resources” in the
following provisions and substituting in each case “Minister of Northern
Development, Mines, Natural Resources and Forestry”:
1. Subsections
49 (1) and (2).
2. Subsection
50 (3).
3. Clause
50 (3) (a).
Clauses 64 (1) (
a) and (
b) of the Act are repealed and the following
substituted:
(
a) harvests
or removes forest resources, in or from a Crown forest, or uses forest
resources in a Crown forest for a designated purpose, without the authority of
a forest resource licence, a permit, an authorization or not in the
circumstances prescribed by the regulations, is guilty of an offence and on
conviction is liable to a fine of not more than $100,000;
(
b) fails
to comply with a forest resource licence, a permit or an authorization is
guilty of an offence and on conviction is liable to a fine of not more than
$100,000;
Subsection 69 (1) of the Act is amended by adding the following paragraph:
16.1.1 governing
the harvesting of forest resources in Crown forests for personal use and
authorizations for such harvesting, including,
i. defining
the meaning of “personal use” for the purposes of
part III.2,
ii. limiting
the area in which harvesting of forest resources in Crown forests for personal
use may occur under an authorization or in the circumstances prescribed by the
regulations,
iii. setting
out the circumstances in which a person may harvest forest resources in a Crown
forest for personal use without an authorization including any applicable conditions
or restrictions,
iv. prescribing
the records to be kept by a person who harvests forest resources in a Crown
forest for personal use,
v. prescribing
fees payable for the harvesting of forest resources in a Crown forest for
personal use in accordance with an authorization or in the circumstances
prescribed in the regulations,
vi. governing
the issuance, amendment, renewal, transfer, refusal, suspension or cancellation
of an authorization issued under
section 41.16 including prescribing the terms,
conditions, restrictions to which an authorization is subject;
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 7
DEVELOPMENT CHARGES ACT, 1997
(1) Subsection 2 (4) of the Development Charges
Act is amended by adding the following paragraph:
6.1 Yonge
North subway extension, as defined in subsection 5.1.1 (1).
(2) Paragraph
7 of subsection 2 (4) of the Act is amended by adding “and the Yonge North
subway extension” at the end.
The Act is amended by adding the following section:
Yonge
North subway extension
Definition
5.1.1
(1) In this
section,
“Yonge
North subway extension” means an extension of the subway service located in the
City of Toronto beyond its terminus at Finch subway station further north in
the City of Toronto and into The Regional Municipality of York, and works and
equipment directly related to that extension.
Provision
does not apply
(2) Paragraph
4 of subsection 5 (1) does not apply in determining the estimate for the
increase in the need for the Yonge North subway extension.
Applicable
restriction
(3) For
the purposes of
section 5, the estimate for the increase in the need for the
Yonge North subway extension shall not exceed the planned level of service over
the 20-year period immediately following the preparation of the background
study required under
section 10.
Regulations
(4) The
method of estimating the planned level of service for the Yonge North subway
extension and the criteria to be used in doing so may be prescribed by
regulation.
Clauses 60 (1) (m.1), (m.2) and (m.3) of the Act are repealed and the following
substituted:
(m.1) further
clarifying or defining the term “Toronto-York subway extension” in subsection
5.1 (1) or the term “Yonge North subway extension” in subsection 5.1.1 (1);
(m.2) prescribing
the method and criteria to be used to estimate the planned level of service for
the Toronto-York subway extension or the Yonge North subway extension;
(m.3) prescribing
a service, other than the Toronto-York subway extension or the Yonge North
subway extension, as a service for the purposes of
section 5.2;
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 8
EDUCATION ACT
Section 58.7 of the Education Act is amended by
striking out “that has not passed a by-law authorizing the use of a ranked
ballot election” at the end.
Subsections 208 (4) and (5) of the Act are repealed and the following
substituted:
Election
of chair
(4) The
members shall elect one of themselves to be chair,
(
a) at
the first meeting referred to in subsection (2) or (3);
(
b) in
each following year, at the first meeting on or after the anniversary of the
date the term of office of the board began; and
(
c) at
the first meeting after a vacancy occurs in the office of chair.
Presiding
officer
(5) At
a meeting referred to in clause (4) (
a) or (b), the chief executive officer
shall preside until the election of the chair or, if there is no chief
executive officer or in his or her absence, the members present shall designate
who shall preside at the election of the chair and if a member of the board is
so designated, he or she may vote at the election of the chair.
Subsection 283 (3) of the Act is repealed and the following substituted:
General
report of chief executive officer
(3) At
the first meeting referred to in subsection 208 (2) or (3) and, in each following
year, at the first meeting on or after the anniversary of the date the term of
office of the board began, the chief executive officer of a board shall submit
to the board a report in a format approved by the Minister on the action he or
she has taken during the preceding 12 months under subsection (2) of this
section and a copy of such report shall be submitted to the Minister on or
before the 31st day of January next following.
Subsection 285 (2) of the Act is repealed.
Subsection 286 (4) of the Act is repealed.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Supporting People and Businesses Act, 2021 receives
Royal Assent.
(2) Sections
2 and 3 come into force on January 1, 2022.
SCHEDULE 9
ELECTRICITY ACT, 1998
Section 25.33 of the Electricity Act, 1998 is
amended by adding the following subsection:
Limitation
period
(9) The
adjustments referred to in this
section to be made by the IESO, a distributor
or a retailer under this
section or under the regulations are subject to the
limitation period provided for in the regulations, if any.
The Act is amended by adding the following section:
Limitation
Period
Limitation
period
36.1.1
(1) Despite
anything in this or any other Act or regulation, the market rules or any
licence or code issued by the Board, but subject to the regulations made under
this
section and to subsections (7) and (8), no market participant, consumer,
entity or person shall, more than two years or other prescribed period of time after
the applicable date, be entitled to seek or receive any payment, adjustment or
amount, or be required to make any payment or adjustment or to pay an amount,
from or to the IESO, where the payment, adjustment or amount is based on an
entitlement or a specified charge that arises under
an Act or a regulation, or
one or more provisions of
an Act or a regulation, that is prescribed for the
purposes of this subsection.
Same,
IESO
(2) For
the purposes of subsection (1), and subject to subsections (7) and (8), the
IESO shall not, in respect of an entitlement or specified charge described in
subsection (1), make or receive any payment or adjustment of any amount to or
from a market participant, consumer, entity or person, including settling or
resettling such payments, adjustments or amounts, more than two years or other
prescribed period of time after the applicable date referred to in that
subsection.
Greater
certainty
(3) For
greater certainty, subsection (1) does not apply to a payment, adjustment or amount
in respect of an entitlement or specified charge that arises under
an Act or a
regulation, or under a provision of
an Act or a regulation, that is not
prescribed for the purposes of that subsection.
Applicable
date
(4) For
the purposes of subsection (1), the applicable date is, with respect to a
settlement of any payment, adjustment or amount that relates to an entitlement
or a specified charge, and subject to the regulations, if any,
(
a) the
earlier of,
(
i) the
initial date on which the IESO would have the right or obligation to settle a
transaction, or
(ii) the
date the IESO issues an invoice; or
(
b) the
alternative applicable date provided for in the regulations or determined by a
method provided for in the regulations.
Discoverability,
etc.
(5) Subsection
(1) applies whether or not the payment, adjustment or amount in respect of an
entitlement or specified charge was capable of being identified or discovered
within the applicable limitation period.
IESO
authority unaffected, market rules, etc.
(6) Subject
to subsection (8), nothing in this
section shall be read to remove, eliminate,
limit or interfere with the IESO’s authority that does not relate to or
conflict with the matters provided for in subsection (1), including its
authority to make or receive any payments or adjustments that arise under the
market rules or to participate in any transactions or settlements that arise
under the market rules or to undertake any other activities that arise under
the market rules, and including the IESO’s authority to,
(
a) make
or amend the market rules in relation to settlements, payments, adjustments or
charges including the timing and method for determining such settlements,
payments, adjustments or charges, or any related matter;
(
b) commence
or carry out compliance or enforcement activities arising under the market
rules, including any audit, inquiry, investigation, monitoring or other
supervisory activity or review related to the issuance or potential issuance of
a financial penalty or other sanction under the market rules or in relation to
any settlements, payments, adjustments or charges under the market rules;
(
c) make
or adjust amounts paid or payable under the market rules, including amounts
mentioned in clause (f);
(
d) suspend
or terminate a market participant’s authorization to participate in the
IESO-administered markets, in accordance with the market rules;
(
e) make
or receive a payment or pay or receive an amount that is attributable to,
(
i) a
decision, an order, a licence or a code made or issued by the Board, any form
of compliance or enforcement activity, determination or direction of the Board
or an assurance of voluntary compliance given to the Board under
section 112.7
of the Ontario Energy Board Act, 1998 ,
(ii) an
award, an order, a determination or a proceeding provided by an arbitrator, a
court, the IESO or a tribunal other than the Board or by a compliance agreement
or other agreement providing for the resolution of a matter arising from a
compliance or enforcement activity,
(iii) an
award, an order, a ruling or a determination of an arbitrator, a court or a
tribunal in relation to a settlement, or
(iv) any
contract entered into by the IESO;
(
f) make
or adjust amounts paid or payable arising under the market rules, including
settling or resettling such amounts as and when required or appropriate in
accordance with the market rules;
(
g) issue,
re-issue or amend settlement statements or any documentation that reflects
settlements that arise under the market rules; or
(
h) make,
receive or provide for a payment, adjustment or amount or participate in a
transaction that is provided for in the regulations or to do any of those
things in a manner that is determined by the regulations with a person or class
of persons prescribed by the regulations.
Non-application,
subs. (1)
(7) Despite
subsection (1), the IESO shall not be restricted from making or receiving any
payment or adjustment of any amount to or from a market participant, a
consumer, an entity or a person in respect of an entitlement or a specified
charge to which that subsection applies where such payment or adjustment
results from,
(
a) any
form of compliance or enforcement activity, determination, ruling or decision
arising under the market rules, including the issuance of any financial penalty
or other sanction under the market rules or the making or adjusting of amounts
paid or payable under the market rules or that are based on a payment or
entitlement mentioned in subsection (1);
(
b) a
decision, an order or a direction of the Board in respect of a variance
account;
(
c) any
form of compliance or enforcement activity, determination, direction, decision
or order of the Board or an assurance of voluntary compliance given to the
Board under
section 112.7 of the Ontario Energy Board Act,
1998 ;
(
d) a
decision or an order of a court arising from a matter mentioned in clause (
b) or (c);
(
e) an
award, an order, a decision, a ruling or a determination provided by a court, the
Board, a tribunal or an arbitrator that relates to a compliance or enforcement
activity undertaken by the IESO, including any agreement providing for the
resolution of a matter entered into in the context of such proceedings; or
(
f) with
respect to any matters that are not referred to in clauses (b), (c), (
d) and
(e), an award, an order, a decision, a ruling or a determination provided by
the Board, a court, a tribunal other than the Board or an arbitrator, where the
proceedings were initiated in the manner provided for in the regulations, and
before the limitation period provided for in the regulations, if any.
Board
authority unaffected
(8) Subject
to subsection (11), nothing in this
section shall be read to remove, eliminate
or interfere with the Board’s authority under this or any other Act.
expropriation
(9) Nothing
in this
section and nothing done or not done in accordance with this
section
constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
compensation
(10) Despite
any other Act or law, no person is entitled to any compensation for any loss or
damages, including loss of an entitlement to a payment, an adjustment or an
amount referred to in this
section or the loss of revenues or loss of profit,
that arises from the enactment, repeal or application of this section, the
making, revocation or application of any regulation or order made under this
section or anything done or not done in accordance with this
section or a
regulation or an order made under this section.
Conflicts,
etc.
(11) Where
any conflict exists between an order of the Board, a code issued by the Board
or a licence condition and this
section or a regulation made under this
section, this
section or the regulation made under this
section shall prevail
to the extent of the conflict.
Crown
not liable, etc.
(12) No
cause of action arises against the Crown, any current or former member of the
Executive Council or any current or former employee or agent of or advisor to
the Crown, or against the IESO or the Board or any of their current or former
directors, officers, employees or agents, and in the case of the Board, any of
its current or former chairs, vice-chairs, members or commissioners, as a
direct or indirect result of,
(
a) the
enactment, operation, administration or repeal of any provision of this
section
or the regulations made under it or that are consequential to its enactment; or
(
b) anything
done or not done in order to comply with this
section or the regulations made
under it.
Timing
(13) Subsection
(12) applies regardless of whether the cause of action on which the proceeding
is purportedly based arose before, on or after the day this
section came into
force.
Regulations
(14) The
Lieutenant Governor in Council may make regulations,
(
a) providing
for and governing situations to which subsection (1) does or does not apply,
including prescribing Acts, regulations, or provisions of Acts or regulations
to which subsection (1) does or does not apply;
(
b) providing
for an alternative limitation period for the purposes of subsection (1), and
providing for and governing situations where different limitation periods
apply, including providing for the method or methods of determining such
limitation periods;
(
c) prescribing
payments, adjustments, amounts, entitlements and specified charges to which
subsection (1) does or does not apply;
(
d) respecting
what the applicable date is for the purposes of subsection (1), including
providing for the alternative applicable date mentioned in clause (4) (b), or a
method of determining the applicable date or the alternative applicable date,
including providing for the application of or determination of different
applicable dates in different circumstances;
(
e) defining
“adjustment”, “amount”, “entitlement”, “invoice”, “payment”, “specified charge”
and “variance account” for the purposes of this section, and providing for any
criteria they must meet;
(
f) providing
for criteria that must be met relating to the manner in which the proceedings
referred to in clause (7) (
f) are initiated and providing for different
criteria that must be met in different circumstances;
(
g) providing
for the limitation period referred to in clause (7) (f);
(
h) generally
for governing the application of this
section and providing for anything that
is described in this
section as being prescribed by, determined in or provided
for in the regulations;
(
i) governing
such transitional matters as the Lieutenant Governor in Council considers
necessary or advisable to facilitate the implementation of this section.
Retroactive
(15) A
regulation under this
section may apply to a period before it is made, if the
regulation so provides.
Definitions
(16) In
this section,
“adjustment”,
“amount”, “entitlement”, “invoice”, “payment”, “specified charge” and “variance
account” have the meaning provided for in the regulations.
Section 112.1 of the Act is amended by adding the following definition:
“administrative
penalty” means an administrative penalty imposed under subsection 113.18.1 (1);
(“pénalité administrative”)
Section 113.1 of the Act is amended by adding the following subsection:
Exception
(4.1) Despite
subsection (4), a Director shall not delegate the power to impose an
administrative penalty under subsection 113.18.1 (1).
Section 113.17 of the Act is amended by striking out “administrative penalties”
wherever it appears.
The Act is amended by adding the following section:
Administrative
penalty
113.18.1
(1) A
Director may, by order, impose an administrative penalty against a person in
accordance with this
section and the regulations made by the Minister if the
Director is satisfied that the person has contravened or is contravening,
(
a) a
prescribed provision of this Part or the regulations;
(
b) a
restriction, limitation or condition imposed by a Director in respect of a
prescribed authorization; or
(
c) a
prescribed order of the Authority.
whom payable
(2) An
administrative penalty is payable to the Authority.
Purpose
(3) An
administrative penalty may be imposed under this
section for one or more of the
following purposes:
1. To
ensure compliance with this Part or the regulations.
2. To
prevent a person from deriving, directly or indirectly, any economic benefit as
a result of a contravention described in subsection (1).
Amount
(4) The
amount of an administrative penalty shall reflect the purpose of the penalty
and shall be determined in accordance with the regulations made by the
Minister, but the amount of the penalty shall not exceed $10,000.
Form
of order
(5) An
order made under subsection (1) imposing an administrative penalty against a
person shall be in the form that the Authority determines.
Service
of order
(6) The
order shall be served on the person against whom the administrative penalty is
imposed in accordance with the regulations made by the Minister.
Absolute
liability
(7) An
order made under subsection (1) imposing an administrative penalty against a
person applies even if,
(
a) the
person took all reasonable steps to prevent the contravention on which the
order is based; or
(
b) at
the time of the contravention, the person had an honest and reasonable belief
in a mistaken set of facts that, if true, would have rendered the contravention
innocent.
effect on offences
(8) For
greater certainty, nothing in subsection (7) affects the prosecution of an
offence.
Other
measures
(9) Subject
to subsection (16), an administrative penalty may be imposed alone or in
conjunction with the exercise of any measure against a person provided by this
Part or the regulations, including the application of restrictions, limitations
or conditions to an authorization by a Director, the suspension or revocation
of an authorization or the refusal to renew an authorization.
Limitation
(10) A
Director shall not make an order under subsection (1) more than two years after
the day the Director became aware of the person’s contravention on which the
order is based.
hearing required
(11) Subject
to the regulations made by the Minister, a Director is not required to hold a
hearing or to afford a person an opportunity for a hearing before making an
order under subsection (1) against the person.
Non-application
of other Act
(12) The
Statutory Powers Procedure Act does not apply to an
order made under subsection (1).
Appeal
(13) For
greater certainty, a person on whom an order imposing an administrative penalty
is made may appeal the order in accordance with the regulations made under
clause 15 (1) (
c) of the Safety and Consumer Statutes
Administration Act, 1996 .
Enforcement
(14) If
a person against whom an order imposing an administrative penalty is made fails
to pay the penalty in accordance with the terms of the order or, if the order
is varied on appeal, in accordance with the terms of the varied order, the
order may be filed with the Superior Court of Justice and enforced as if it
were an order of the court.
Date
of order
(15) For
the purposes of
section 129 of the Courts of Justice Act ,
the date on which the order is filed with the court is deemed to be the date of
the order.
Effect
of paying penalty
(16) If
a person against whom an order imposing an administrative penalty is made pays
the penalty in accordance with the terms of the order or, if the order is
varied on appeal, in accordance with the terms of the varied order, the person
cannot be charged with an offence under this
Part in respect of the same
contravention on which the order is based and no other prescribed measure shall
be taken against the person in respect of the same contravention on which the
order is based.
Publication
of orders
(17) The
Authority may publish any orders made under subsection (1), or if varied on
appeal, any varied orders, on its website.
Subsection 113.20 (6) of the Act is repealed.
Subsection 113.22 (2) of the Act is repealed and the following substituted:
Regulations,
Minister
(2) The
Minister may make regulations,
(
a) governing
administrative penalties that a Director may order under this Part and all
matters necessary and incidental to the administration of a system of administrative
penalties, including,
(
i) prescribing
provisions, authorizations and orders for the purpose of subsection 113.18.1
(1),
(ii) specifying
the amount of an administrative penalty or providing for the determination of
the amount of an administrative penalty by specifying the method of calculating
the amount and the criteria to be considered in determining the amount,
(iii) providing
for different amounts to be paid, or different calculations or criteria to be
used, depending on the circumstances that gave rise to the administrative
penalty or the time at which the penalty is paid,
(iv) specifying
information that must be included in an order for payment of an administrative
penalty,
(
v) governing
the rules for serving an order for an administrative penalty and the rights of
the parties affected by the rules, including the time at which the order is deemed
to be served on the person against whom the order is made,
(vi) respecting
hearings for the purpose of subsection 113.18.1 (11),
(vii) respecting
measures for the purpose of subsection 113.18.1 (16);
(
b) specifying
the purposes for which the Authority may use the funds that it collects as
administrative penalties.
Subsection 114 (1.3) of the Act is amended by adding the following clause:
(g.0.1) providing
for and governing the limitation period for the purposes of subsection 25.33 (9);
Limitations
Act, 2002
The
Schedule to the Limitations Act, 2002 is
amended by adding the following:
Electricity Act, 1998
section
36.1.1
Ontario
Energy Board Act, 1998
(1) Section 79 of the Ontario Energy Board Act,
1998 is amended by adding the following subsection:
Limitation
(4.4) The
compensation to be provided to a distributor and the rate protection to be
provided to a consumer under this
section are subject to the limitation period
provided for in the regulations, if any.
(2) Subsection
79 (5) of the Act is amended by adding the following clause:
(g.1) providing
for and governing the limitation period for the purposes of subsection (4.4);
(3) Section
79.1 of the Act is amended by adding the following subsection:
Limitation
(3.1) The
rate protection through rate reduction to be provided in respect of a consumer
and the compensation to be provided to a distributor under this
section are subject
to the limitation period provided for in the regulations, if any.
(4) Subsection
79.1 (4) of the Act is amended by adding the following clause:
(g.1) providing
for and governing the limitation period for the purposes of subsection (3.1);
(5) Section
79.2 of the Act is amended by adding the following subsection:
Limitation
(10.1) The
rate assistance to be provided to a rate-assisted consumer and the compensation
to be provided to a distributor, unit sub-meter provider or any person under
this
section are subject to the limitation period provided for in the
regulations, if any.
(6) Subsection
79.2 (14) of the Act is amended by adding the following clause:
(j.1) providing
for and governing the limitation period for the purposes of subsection (10.1);
Ontario
Fair Hydro Plan Act, 2017
(1) Section 1.3 of the Ontario Fair Hydro Plan
Act, 2017 is amended by adding the following subsection:
Limitation
period
(2.1) Any
entitlement of a specified consumer, a regulated rate consumer or a consumer
who meets the prescribed requirements to a payment, an adjustment or an amount
that relates to the rates applicable to the consumer and that is to be provided
by or under this Act as it read immediately before the final plan date is subject
to the limitation period provided for in the regulations, if any.
(2) Subsection
1.3 (3) of the Act is amended by striking out “For the purposes of subsections
(1) and (2)” at the beginning and substituting “For the purposes of subsections
(1), (2) and (2.1)”.
(3) Section
1.3 of the Act is amended by adding the following subsection:
Regulated-rate
consumer
(4) For
the purposes of subsection (2.1), the term “regulated rate consumer” has the
meaning assigned to it in this Act as it read immediately before the final plan
date.
(4) Section
1.4 of the Act is amended by adding the following subsection:
Limitation
period
(1.1) Any
right or obligation of an electricity vendor or a unit sub-meter provider to
make or receive a payment, an adjustment or an amount that relates to the rates
applicable to a specified consumer, a regulated rate consumer or a consumer who
meets the prescribed requirements and that is to be provided by or under this
Act as it read immediately before the final plan date is subject to the
limitation period provided for in the regulations, if any.
(5) Subsection
1.4 (2) of the Act is amended by striking out “For the purposes of subsection
(1)” at the beginning and substituting “For the purposes of subsections (1) and
(1.1)”.
(6) Section
1.5 of the Act is amended by adding the following subsection:
Limitation
period
(5) Any
right or obligation of the IESO to make or receive a payment, an adjustment or
an amount to or from an electricity vendor, a unit sub-meter provider or
another person, that relates to the rates applicable to a specified consumer, a
regulated rate consumer or a consumer who meets the prescribed requirements and
that is to be provided by or under this Act as it read immediately before the
final plan date is subject to the limitation period provided for in the
regulations, if any.
(7) Subsection
42 (1) of the Act is amended by adding the following paragraph:
4. Providing
for and governing the limitation period for the purposes of subsections 1.3
(2.1), 1.4 (1.1) and 1.5 (5).
Commencement
(1) Subject to subsection (2), this
Schedule
comes into force on the later of January 1, 2022 and the day the Supporting People and Businesses Act, 2021 receives Royal
Assent.
(2) Sections
3 to 8 come into force on a day to be named by proclamation of the Lieutenant
Governor.
SCHEDULE 10
ENVIRONMENTAL ASSESSMENT ACT
Section 1 of the Environmental Assessment Act is
amended by adding the following subsections:
Same
(5) An amendment to an approved
class environmental assessment made under
section 15.1.4 or subsection 15.4
(1) may include a change to the definition of the class of undertakings to which
the approved class environmental assessment applies, and, in particular, the
amendment may include adding or removing a class.
Same
(6) Subsection
(5) applies, with necessary modifications, to an amendment to an approval of a
class environmental assessment made under
section 15.1.4.
Commencement
2 This
Schedule comes into force on the day the Supporting People and Businesses Act, 2021 receives Royal
Assent.
SCHEDULE 11
LIQUOR LICENCE AND CONTROL ACT, 2019
Paragraph 17 of subsection 78 (1) of the Liquor Licence
and Control Act, 2019 is repealed and the following substituted:
17. governing
physical extensions and other prescribed physical changes to licensed premises,
which may be temporary or permanent and indoor or outdoor extensions or
changes, including,
i. authorizing
the Registrar to approve, or restricting the Registrar from approving,
extensions or prescribed changes,
ii. authorizing
a municipality or other prescribed person or entity to approve extensions or
prescribed changes,
iii. providing
for, or authorizing the Registrar or a municipality or prescribed person or
entity to provide for,
A. circumstances
in which an extension or prescribed change may be sought,
B. conditions
to which the approval of an extension or prescribed change is subject, and
iv. providing
for, or authorizing the Registrar or a municipality or prescribed person or
entity to provide for, processes governing approvals, including processes for
obtaining an approval, reviews of approval decisions and withdrawals of
approvals, and otherwise governing approvals;
Commencement
2 This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
SCHEDULE 12
MINING ACT
The definition of “mine”, when used as a verb, in subsection 1 (1) of the Mining Act , is amended by adding “or any activity carried
out under the authority of a recovery permit issued under
section 152.1” at the
end.
Section 78.1 of the Act is amended by adding “subject to
section 139.0.1” at
the end.
The heading to
Part VII of the Act is repealed and the following substituted:
PART VII
REHABILITATION AND REMEDIATION OF LANDS
(1) The definition of “advanced exploration” in subsection 139
(1) of the Act is amended by striking out “any other prescribed work” at the end
and substituting “any other prescribed work, and includes deemed advanced
exploration under
section 139.0.1”.
(2) The
definition of “mine production” in subsection 139 (1) of the Act is amended by
striking out “means mining” and substituting “means, subject to
section
139.0.1, mining”.
(3) Subsection
139 (1) of the Act is amended by adding the following definition:
“recovery
permit” means a permit described in subsection 152.1 (1); (“permis de
récupération”)
The Act is amended by adding the following
section immediately before the
heading “Progressive Rehabilitation”:
Certain
mine production deemed to be exploration
139.0.1
(1) Activity
that would otherwise be “mine production” as defined in
section 139 is deemed
not to be mine production and is instead deemed for the purposes of this Act to
be activity that has been prescribed for the purposes of
section 78.2, 78.3 or
both, as determined by the Director, if the Director determines, on application
under subsection (3), that,
(
a) the
mineral or mineral-bearing substance that is intended to be sold or stockpiled
for future sale is the end product of mining, milling and refining carried out
for the purpose of testing mineral content; and
(
b) but
for the intended sale of the mineral or mineral-bearing substance, the activity
would constitute activity that has been prescribed for the purposes of
section
78.2, 78.3 or both, as the case may be.
Deemed
advanced exploration
(2) Activity
that would otherwise be “mine production” as defined in
section 139 is deemed
not to be mine production and is instead deemed for the purposes of this Act to
be advanced exploration, if the Director determines, on application under
subsection (3), that,
(
a) the
mineral or mineral-bearing substance that is intended to be sold or stockpiled
for future sale is the end product of mining, milling
and refining carried out for the purpose of testing mineral content; and
(
b) but
for the intended sale of the mineral or mineral-bearing substance, the activity
would constitute “advanced exploration” as defined in
section 139.
Application
(3) A
proponent may apply to the Director in accordance with the regulations for a
determination under subsection (1) or (2).
Considerations
(4) In
making the determination, the Director shall consider,
(
a) the
purpose of this Act;
(
b) whether
Aboriginal consultation has occurred in accordance with any prescribed
requirements; and
(
c) any
other prescribed matter.
Determinations
(5) A
determination of the Director under subsection (1) or (2) shall be in writing.
Additional
requirements for proponents
(6) A
proponent in respect of whom a deeming under subsection (1) or (2) applies,
(
a) shall
pay to the Crown any amounts received by the proponent, directly or indirectly,
for the sale of the mineral or mineral-bearing substance that exceed the cost
to the proponent of the related excavation, processing, transportation,
testing, evaluation and rehabilitation;
(
b) shall,
in accordance with the regulations, report the prescribed information to the
Director; and
(
c) shall
comply with any requirements imposed by the Director for the purposes of this
section, in the time and manner specified by the Director.
Deeming
ceases to apply
(7) If,
despite the application of a deeming under subsection (1) or (2), the proponent
meets the requirements of paragraphs 1 to 4 of subsection 141 (1) with respect
to the deemed activity, subsection (1) or (2), as the case may be, ceases to
apply to the activity as of the date of the written confirmation given by the
Director under clause 141 (2) (a).
The heading before
section 152 of the Act is repealed and the following
substituted:
Appeals
by Proponents
The Act is amended by adding the following sections:
Recovery
and Remediation
Permit
to recover minerals, mineral bearing substances
152.1
(1) Any
person may, subject to
section 152.2, apply to the Director for a permit
authorizing the recovery of minerals or mineral bearing substances from
tailings or other waste materials resulting from mining.
Terms
and conditions
(2) A
1. That
the permit holder shall ensure the remediation of the
land on which the tailings or other waste materials are located, such that the
condition of the land with respect to one or both of public health and safety
or the environment is improved following the recovery and remediation, as
determined by the Director.
2. Any
in the permit, which may include a requirement that the permit holder provide
financial assurance, in the form and amount specified by the Director in the
permit, to the Crown in right of Ontario for either or both of,
i. the
performance of any activity authorized by the permit that is specified in the
permit for the purposes of the requirement, and
ii. measures
taken to prevent, eliminate or ameliorate any adverse effect arising from the
recovery or remediation undertaken under the permit.
Application
(3) An
application under subsection (1) must be made in accordance with the
regulations, and must contain,
(
a) a
recovery and remediation plan that meets the prescribed requirements, setting
out,
(
i) a
description of the land on which the tailings or other waste materials are
located,
(ii) how
the minerals or mineral bearing substances would be recovered,
(iii) how
the land would be remediated such that the condition of the land with respect
to one or both of public health and safety or the environment is improved
following the recovery and remediation, as determined by the Director,
(iv) the
estimated costs of the recovery and remediation,
(
v) a
proposed
schedule for the recovery and remediation, and
(vi) any
other information specified by the regulations;
(
b) the
written consent to the recovery and remediation of every owner of the land that
is not the applicant or the Crown; and
(
c) any
other prescribed document or information.
Determination
of application
(4) The
Director shall review the application and determine whether to issue a recovery
permit or reject the application.
Considerations
(5) In
any, should apply to it, the Director shall consider,
(
a) the
purpose of this Act;
(
b) whether
Aboriginal consultation has occurred in accordance with any prescribed
requirements;
(
c) any
arrangements that have been made with a surface rights owner of the land
respecting the proposed recovery and remediation;
(
d) whether,
if the remediation were carried out in accordance with the proposed recovery
and remediation plan, the condition of the land with respect to one or both of
public health and safety or the environment would be improved following the
recovery and remediation; and
(
e) any
other prescribed matter.
Plan
to form part of permit
(6) A
recovery permit that is issued by the Director shall include the recovery and
remediation plan proposed by the permit holder, subject to any modifications
specified by the Director.
Effective
duration of permit
(7) A
recovery permit is effective from the later of the day it is issued and the day
on which the Director gives notice to the permit holder acknowledging that the
financial assurance, if any, required by the permit has been provided, and
ceases to be effective on the date specified in the permit.
Amendment,
renewal of permit
(8) On
application by the permit holder in accordance with the regulations or on the
Director’s own initiative, the Director may, after considering the matters
listed in subsection (5), amend or renew a recovery permit.
Excluded
lands
152.2
(1) Subsection
152.1 (1) does not apply with respect to tailings or other waste materials that
are located on,
(
a) any
prescribed land or class of land; or
(
b) any
land designated by the Director under subsection (2).
Designations
(2) The
Director may designate specified lands for the purposes of clause (1) (b).
Designations
shall be public
(3) The
Director shall publish every designation made under subsection (2) on a website
of the Government of Ontario.
Conflict
(4) In
the event of a conflict between a regulation made for the purposes of clause
(1) (
a) and a designation made under subsection (2), the regulation prevails to
the extent of the conflict.
Compliance
with permit
152.3 Every recovery permit holder
shall comply with the permit, including, for greater certainty, the recovery
to which the permit is subject.
Transfer
of permit
152.4
(1) A recovery
permit holder may transfer the permit to another person if the Director has
consented in writing to the transfer and the transfer is carried out in
Transferee
bound by permit
(2) A
recovery permit that is transferred to a person under subsection (1) is binding
on and enforceable against the person.
Return
or release of financial assurance
152.5 The Director may, on
the request of a recovery permit holder to return or release any or all
financial assurance provided by the permit holder in accordance with the
permit, make an order returning or releasing the amount, if the Director is
satisfied that the amount is not required in respect of the permit.
Director
may make orders
non-compliance with permit
152.6
(1) If the
Director has reasonable grounds for believing that a recovery permit holder has
failed to comply with the permit, the Director may, by order,
(
a) require
the permit holder to achieve compliance with the permit within the time
specified in the order;
(
b) require
the permit holder to prevent the continuation or repetition of the failure to
comply within the time specified in the order;
(
c) require
the permit holder to cease carrying out activities under the permit until the
failure to comply is addressed to the Director’s satisfaction and the order to
cease activity has been revoked; or
(
d) cancel
the permit.
repair or prevent injury, etc.
(2) If
the Director has reasonable grounds for believing that the activities being
carried out under a recovery permit have injured, damaged or endangered public
health and safety or the environment, or are likely to do so, the Director may,
by order, require the permit holder, any owner of the land, or all of them jointly
to repair the injury or damage or prevent the injury, damage or danger.
Failure
to comply
(3) Failure
to comply with an order made under clause (1) (a), (
b) or (
c) or subsection (2)
constitutes an offence that continues for each day during which the failure
continues.
Directions
to Ministry employees, agents
152.7
(1) This
section applies if the Director has reasonable grounds for believing that,
(
a) a
recovery permit holder has failed to comply with an order made under clause
152.6 (1) (a), (
b) or (c); or
(
b) the
activities being carried out under a recovery permit have injured, damaged or
endangered public health and safety or the environment, or are likely to do so.
Same
(2) The
Director may give directions in accordance with subsection (3) to the employees
and agents of the Ministry, if the Director is of the opinion that it is in the
public interest to do so and,
(
a) the
Director is of the opinion that the recovery permit holder will not carry out
promptly the work required to comply with the order or to repair the injury or
damage or prevent the injury, damage or danger; or
(
b) the
recovery permit holder requests the Director’s assistance in order to comply
with the order or to repair the injury or damage or prevent the injury, damage
or danger.
Same
(3) The
Director may, under subsection (2), direct employees and agents of the Ministry
to do everything practicable, or to do such work and take such action as may be
specified in the directions, in respect of the failure to comply with the order
or of the repair of the injury or damage or prevention of the injury, damage or
danger.
Same
(4) The
Director need not hold, or afford to any person an opportunity for, a hearing
before giving directions under subsection (2).
Use
of financial assurance by Crown
(5) The
Crown may, for the purpose of carrying out the directions, use any cash,
realize any letter of credit or bond or enforce any other security, guarantee
or protection provided by the recovery permit holder as financial assurance in
respect of the permit.
Where
cost debt due to Crown
(6) Any
of the total cost incurred by the Crown in carrying out the directions that is
not covered by financial assurance provided by the recovery permit holder is a
debt due to the Crown by the permit holder, subject to subsection (7), that,
(
a) forms
a lien and a charge on the land that is the subject of the permit in favour of
the Crown, realizable by action for sale of any part or all of the land subject
to the lien, including any buildings, structures, machinery, chattels or
personal property situate in, on, over or under the land; and
(
b) is
recoverable by the Crown in any court in which a debt or money demand of a
similar amount may be collected.
Same
(7) If
the permit holder is not an owner of the land to which the recovery permit
relates, or is not the only owner, the permit holder and every owner of the
land that is not the Crown are jointly and severally liable for a debt due
under subsection (6).
Same
(8) Subsections
151 (4), (5) and (6) apply with necessary modifications with respect to the
debt due to the Crown under subsection (6).
Section 153.3 of the Act is amended by adding the following subsection:
Recovery
permit not contrary intention
(1.1) The
issuance of a recovery permit does not constitute a contrary intention under
subsection (1).
Section 153.5 of the Act is amended by adding “made under this Part” after “any
order”.
Commencement
This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
SCHEDULE 13
MINISTRY OF INFRASTRUCTURE ACT, 2011
Clause 7.1 (4) (
c) of the Ministry of Infrastructure Act,
2011 is amended by striking out “ Business
Corporations Act ” and substituting “ Business
Corporations Act , Not-for-Profit Corporations Act,
2010 ”.
Commencement
2 This
Schedule comes into force on the later of the day
the Supporting People and Businesses Act, 2021
receives Royal Assent and the day subsection 4 (1) of the Not-for-Profit
Corporations Act, 2010 comes into force.
SCHEDULE 14
NORTHERN SERVICES BOARDS ACT
The definition of “Minister” in
section 1 of the Northern
Services Boards Act is repealed and the following substituted:
“Minister”
means the Minister of Northern Development, Mines, Natural Resources and
Forestry or any other member of the Executive Council to whom responsibility
for the administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)
(1) Subsection 3 (4.1) of the Act is repealed and the following
substituted:
How
notice is given
(4.1) The
person calling the meeting shall,
(
a) post
the notice of the meeting in at least one location visible to the public in the
proposed Board area;
(
b) send
the notice to the Minister; and
(
c) if
available, publish the notice in a local publication available in physical form
and having general circulation in the proposed Board area or by electronic
means or in an electronic format.
(2) Subsection
3 (6) of the Act is repealed and the following substituted:
Recording
secretary
(6) The
chair shall appoint from among the inhabitants present a recording secretary
who shall,
(
a) record
the proceedings of the meeting;
(
b) post
copies of the record of the proceedings in at least one location visible to the
public in the proposed Board area;
(
c) if
available, publish the record of the proceedings in a local publication
available in physical form and having general circulation in the proposed Board
area or by electronic means or in an electronic format;
(
d) send
a copy of the record of the proceedings signed by the recording secretary,
including the recommendations agreed upon by the meeting under subsection (8),
to the Minister.
Clauses 14 (4) (
c) and (
d) of the Act are repealed and the following
substituted:
(
c) ensure
that copies of the minutes of meetings are posted in at least one location visible
to the public in the Board area and, if available, by electronic means or in an
electronic format;
(
d) post
notices of meetings called by the Board in at least one location visible to the
public in the Board area and, if available, publish them by electronic means or
in an electronic format;
Section 17 of the Act is amended by striking out “posted up in at least six
conspicuous places in the Board area” and substituting “posted in at least one location
visible to the public in the Board area and, if available, published by
electronic means or in an electronic format”.
Subsection 19 (2) of the Act is repealed and the following substituted:
Notice
(2) At
least two weeks before the election meeting, the secretary shall,
(
a) post
a notice of the place, date and time of the election meeting in at least one location
visible to the public in the Board area;
(
b) if
available, publish the notice by electronic means or in an electronic format; and
(
c) send
a copy of the notice to the Minister.
Commencement
6 This
Schedule comes into force on the day the Supporting People and Businesses Act, 2021 receives Royal
Assent.
SCHEDULE 15
OCCUPATIONAL HEALTH AND SAFETY ACT
(1) Subsection 1 (1) of the Occupational Health
and Safety Act is amended by adding the following definition:
“engineer”
means, subject to any prescribed requirements or restrictions, a person who is
licensed as a professional engineer or who holds a limited licence under the Professional Engineers Act ; (“ingénieur”)
(2) The
definition of “engineer of the Ministry” in subsection 1 (1) of the Act is
repealed.
(3) Subsection
1 (1) of the Act is amended by adding the following definition:
“professional
engineer of the Ministry” means a person employed by the Ministry and who is
licensed as a professional engineer under the Professional
Engineers Act ; (“ingénieur du ministère”)
(4) Subsection
1 (3) of the Act is amended by striking out “professional”.
Section 8 of the Act is amended by adding the following subsection:
Same
(14.1) A
health and safety representative may share with an inspector any of the
findings made by the representative under subsection (14).
Section 9 of the Act is amended by adding the following subsection:
Same
(31.1) A
member of a committee who is designated to investigate cases under subsection
(31) may share with an inspector any of the findings made by the member under
subsection (31).
Subsection 25 (4) of the Act is repealed and the following substituted:
Same
(4) Unless
otherwise prescribed, clause (2) (
j) does not apply with respect to a workplace
at which five or fewer workers are regularly employed.
Subsections 29 (3) and (4) of the Act are amended by striking out “an engineer
of the Ministry” wherever it appears and substituting in each case “a
professional engineer of the Ministry”.
Subsection 31 (2) of the Act is repealed and the following substituted:
Architects
and engineers
(2) An
architect, as defined in the Architects Act , or an
engineer contravenes this Act if, as a result of the architect’s or engineer’s
advice that is given or the architect’s or engineer’s certification required
under this Act that is made negligently or incompetently, a worker is
endangered.
Same
(3) For
greater certainty, a contravention described in subsection (2) continues for
each day or part of a day that a worker is endangered.
Subsection 51 (1) of the Act is amended by adding “and to the committee, health
and safety representative and trade union, if any” after “Director”.
(1) Clause 54 (1) (
k) of the Act is amended by striking out “a
professional engineer” and substituting “an engineer” and by striking out “the
professional engineer” and substituting “the engineer”.
(2) Clause
54 (1) (
m) of the Act is amended by striking out “a professional engineer” in
the portion before subclause (
i) and substituting “an engineer”.
(3) Clause
54 (1) (
n) of the Act is amended by striking out “a professional engineer” and
substituting “an engineer”.
The Act is amended by adding the following section:
Order
for written notices to Director under s. 52
(1) 55.4 For the purposes of subsection 52 (1), an
inspector may, in writing, order an employer to give written notice to a
Director during such period as may be specified by the inspector.
Subsection 65 (2) of the Act is amended by striking out “an engineer of the
Ministry” and substituting “a professional engineer of the Ministry”.
Paragraph 15 of subsection 70 (2) of the Act is repealed and the following
substituted:
15. prescribing
elements that any policy or program required under this Act must contain and
the format that the policy or program must be in;
Commencement
(1) Subject to subsection (2), this
Schedule
comes into force on the day the Supporting People and
Businesses Act, 2021 receives Royal Assent.
(2) Sections
1, 5, 6, 8 and 10 come into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 16
ONTARIO AGENCY FOR HEALTH PROTECTION AND PROMOTION ACT, 2007
Section 10 of the Ontario Agency for Health Protection and
Promotion Act, 2007 is repealed and the following substituted:
Chair
and vice-chairs
(1) The Lieutenant Governor in Council shall
designate a chair and at least one vice-chair from among the members of the
board of directors.
Transitional
(2) The
chair and vice-chairs who were designated immediately before the Supporting People and Businesses Act, 2021 received Royal
Assent continue to be authorized to act in those capacities until the
Lieutenant Governor in Council makes a designation under subsection (1).
Commencement
This
Schedule comes into force on the day the Supporting
People and Businesses Act, 2021 receives Royal Assent.
SCHEDULE 17
ONTARIO COLLEGE OF TEACHERS ACT, 1996
(1) Clause 4 (2) (
a) of the Ontario College of
Teachers Act, 1996 is amended by striking out “nine” at the beginning
and substituting “six”.
(2) Clause
4 (2) (
b) of the Act is amended by striking out “nine” at the beginning and
substituting “six”.
(1) Subsection 9 (2) of the Act is amended by striking out “and may
appoint one or more deputy registrars who shall have the powers of the
Registrar for the purposes of this Act” at the end.
(2) Subsection
9 (4) of the Act is repealed and the following substituted:
Deputy
Registrar
(4) The
Registrar may appoint one or more deputy registrars who shall have the powers
of the Registrar for the purposes of this Act.
Fluency
(5) Either
Section 14 of the Act is amended by adding the following subsections:
Use
of title
(6) No
title “Ontario Certified Teacher” or the French title “Enseignant(
e) agréé(
e) de l’Ontario” or an abbreviation of any of those titles to describe themselves
or their profession.
Good
standing
(7) For
the purposes of subsection (6), a person’s membership in the College is in good
standing if the member has paid their annual membership fee and holds a valid
certificate of qualification and registration that is not revoked, suspended,
or cancelled.
Use
of title, inactive/non-practising
(8) No
person except a member of the College whose certificate of qualification and
registration has been suspended solely for the reason described in clause 24
Inactive/Non-Practising” or the French title “Enseignant(
e) agréé(
e) de
l’Ontario — Membre inactif” or an abbreviation of any of those titles to
describe themselves or their profession.
Holding
out as a member of the College
(9) No
person except a member of the College shall represent or hold out expressly or
by implication that they are a member of the College.
Paragraphs 1 to 3 of subsection 17 (1) of the Act are repealed and the
following substituted:
1. The
panel must consist of at least three persons selected from the committee or the
roster of eligible panellists for the committee established under subsection
(4).
2. The
panel must have at least one member of the College and one non-member.
3. At
least one member of the panel shall be a member of the committee, unless the
chair of the committee directs that this paragraph does not apply.
(1) Clause 23 (2) (
c) of the Act is repealed and the following
substituted:
(
c) subject
to clause (c.1), a notation of every revocation, cancellation and suspension of
a certificate of qualification and registration;
(c.1) the
notation “Inactive/Non-Practising” for a certificate of qualification and
registration that is suspended under clause 24 (1) (a);
(2) Subsection
23 (2.5) of the Act is amended by striking out “and” at the end of clause (
b) and by adding the following clause:
(b.1) the
notation referred to in clause (2) (c.1) if the member is reinstated under
subsection 24 (3); and
The Act is amended by adding the following section:
Offence:
improper use of title or holding out as member
49.1 Any person who contravenes subsection 14 (6),
(8) or (9) is guilty of an offence and on conviction is liable to a fine of not
more than $5,000 for a first offence and not more than $10,000 for a subsequent
offence.
Clauses 66 (5) (
a) and (
b) of the Act are amended by striking out “nine”
wherever it appears and substituting in each case “ six ”.
Commencement
8 This
Schedule comes into force on the day the Supporting People and Businesses Act, 2021 receives Royal
Assent.
SCHEDULE 18
ONTARIO ENERGY BOARD ACT, 1998
(1) Subsection 4.3 (1) of the Ontario Energy
Board Act, 1998 is amended by striking out “and no more than 10”.
(2) Section
4.3 of the Act is amended by adding the following subsection:
Non-application
of Labour Relations Act, 1995
(6.1) The
Labour Relations Act, 1995 does not apply to
commissioners.
(1) Subsections 4.10 (3), (5), (6) and (7) of the Act are repealed.
(2) Subsections
4.10 (8), (9), (10) and (11) of the Act are amended by striking out “clause (2)
(d)” wherever it appears and substituting in each case “clause (2) (
b) or (d)”.
(3) Subsection
4.10 (12) of the Act is amended by striking out “(5) or”.
Commencement
3 This
Schedule comes into force on the day the Supporting People and Businesses Act, 2021 receives Royal
Assent.
SCHEDULE 19
PLANNING ACT
The Planning Act is amended by adding the following
section:
Minor
by-laws — delegation
39.2
(1) Subject to subsection (2), the
council of a local municipality may, by by-law, delegate the authority to pass
by-laws under
section 34 that are of a minor nature to,
(
a) a
committee of council; or
(
b) an
individual who is an officer, employee or agent of the municipality.
Official
plan requirement
(2) Subsection
(1) does not apply unless there is an official plan in effect in the local
municipality that specifies the types of by-laws in respect of which there may
be a delegation of authority under that subsection.
Same
(3) Without
limiting the generality of the meaning of a by-law passed under
section 34 that
is of a minor nature, such by-laws may include,
(
a) a
by-law to remove a holding symbol; and
(
b) a
by-law to authorize the temporary use of land, buildings or structures in
accordance with subsection 39 (1).
Conditions
(4) A
delegation of authority made by a council under subsection (1) may be subject
to such conditions as the council, by by-law, provides.
Withdrawal
of delegation
(5) A
council may, by by-law, withdraw a delegation of authority made by it under
subsection (1), and the withdrawal may be in respect of one or more by-laws in
respect of which a final disposition was not made before the withdrawal.
Municipal Act, 2001
2 Paragraph 5 of subsection 23.3 (1) of the Municipal Act, 2001 is amended by adding “except as
provided under
section 39.2 of that Act” at the end.
City
of Toronto Act, 2006
3 Paragraph 5 of subsection 22 (1) of the City of Toronto Act, 2006 is amended by adding “except as
provided under
section 39.2 of that Act” at the end.
Commencement
4 This
Schedule comes into force on the day the Supporting People and Businesses Act, 2021 receives Royal
Assent.
SCHEDULE 20
POLICE RECORD CHECKS REFORM ACT, 2015
Subsection 1 (1) of the Police Record Checks Reform Act,
2015 is amended by adding the following definition:
“volunteer”
means a person who performs a service but who receives no compensation for
doing so other than an allowance for expenses or an honorarium, and excludes a
person receiving some other form of credit such as academic credit or
fulfilling a sentence requirement; (“bénévole”)
Section 7 of the Act is amended by adding the following subsection:
Same,
volunteers
(6) Despite
subsection (5), no fee shall be charged by a person referred to in clause (
a) or (
b) of the definition of “police record check provider” in subsection 1
(1) in respect of the following, if the police record check requested under
subsection (1) of this
section is of a type set out in paragraph 1 or 2 of
subsection 8 (1) and the check is in relation to the
individual becoming a volunteer or continuing as a volunteer :
1. The
conduct of the check under
section 8.
2. The
disclosure of the results of the check under
section 12.
3. Five
or fewer copies of the results of the check, if the copies were requested at
the time the request for the check was made.
Section 8 of the Act is amended by adding the following subsection:
Prescribed
requirements
(4) A
type of police record check mentioned in subsection (1) that is in respect of
an individual becoming a volunteer or continuing as a volunteer shall be
conducted in accordance with any prescribed requirements if the check is
conducted by a person mentioned in that subsection.
The Act is amended by adding the following section:
Limitation
on use, volunteers
18.1 A police record check in respect of an
individual becoming a volunteer or continuing as a volunteer shall not be
relied on, for a prescribed purpose, after the period of time prescribed for
that purpose.
Commencement
5 This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
SCHEDULE 21
PROFESSIONAL FORESTERS ACT, 2000
(1) Section 1 of the Professional Foresters
Act, 2000 is amended by repealing the definition of “minister”.
(2) Section
1 of the Act is amended by adding the following
definitions:
“Crown
forest” means Crown forest as defined in
section 3 of the Crown
Forest Sustainability Act, 1994 ; (“forêt de la Couronne”)
“forest”
includes Crown forests, woodlands and urban woodlands; (“forêt”)
“forest
operations prescription” means,
(
a) in
respect of a Crown forest, forest operations prescription within the meaning of
the Crown Forest Sustainability Act, 1994 ; and
(
b) in
respect of all other forests, a set of site-specific harvest, renewal and
maintenance activities used to achieve the expected structure and condition and
the management objectives for such forests ; (“prescription touchant des opérations
forestières)
“good
forestry practices” means good forestry practices as defined in subsection 1
(1) of the Forestry Act ; (“bonnes pratiques
forestières”)
“Minister”
means the Minister of Northern Development, Mines, Natural Resources and
Forestry or any other member of the Executive Council to whom responsibility
for the administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)
“sustainability”
means, in respect of a Crown forest, the sustainability of a Crown forest as
determined in accordance with
section 2 of the Crown
Forest Sustainability Act, 1994 and, in respect of all other forests, the
long term health of such forests; (“durabilité)
“urban
woodlands” means woodlands found in an urban environment, including those in
riparian areas, ravines and wetlands; (“terrain boisé urbain”)
“woodlands”
means woodlands as defined in subsection 1 (1) of the Forestry
Act ; (“terrain boisé”)
(1) Subsection 3 (1) of the Act is repealed and the following
substituted:
Scope
of practice
(1) The practice of professional forestry is the
provision of services and advice regarding forest operations and the
preparation of plans relating to forestry, good forestry practices and the
sustainability of forests, and includes:
(
a) designing,
specifying or certifying forest operations prescriptions;
(
b) appraising
or evaluating forest resources and certifying forests;
(
c) classifying,
inventorying and mapping of forests, including distribution, composition,
structure, range, age and tree species;
(
d) determining
current and desired future forest conditions;
(
e) customizing
and using information from forest estate models;
(
f) assessing
or auditing planned forest operations to determine, among other things, whether
those operations have been carried out as planned; and
(
g) planning
and locating forest transportation systems, including forest roads.
(2) Subsection
3 (3) of the Act is repealed.
Subsection 14 (7) of the Act is repealed and the following substituted:
Same,
prohibition
(7) No
person, other than a member, shall,
(
a) use
the designation “Registered Professional Forester” or the initials “R.P.F.”, or
any name, title, abbreviation or description in any language implying or which
may lead to the belief that the person is a registered member of the
Association; or
(
b) identify
themselves by a title or term in any language that includes the words
“professional” and “forester” together or any variations or abbreviations of
those words or the initials “P.For.”.
Commencement
4 This
Schedule comes into force on the day the Supporting People and Businesses Act, 2021 receives Royal
Assent.
SCHEDULE 22
PROVINCIAL PARKS AND CONSERVATION RESERVES ACT, 2006
The Provincial Parks and Conservation Reserves Act, 2006
is amended by adding the following section:
right, title or interest by adverse possession
14.5
(1) Despite
any other law, including the Real Property Limitations Act
and any other Act or any common law rule, but subject to subsection (2), no
person may acquire a right, title or interest in the following lands by or
through the use, possession or occupation of the lands or by prescription, on
or after the day the Supporting People and Businesses Act,
2021 receives Royal Assent:
1. Public
lands that are within a provincial park or conservation reserve.
2. Public
lands acquired for the purposes of this Act or the Provincial
Parks Act before its repeal, that are not in a provincial park or
conservation reserve.
Application
(2) This
section does not apply if the right to bring an action on behalf of Her Majesty
against a person for the recovery of the lands was barred by the Real Property Limitations Act before the day the Supporting People and Businesses Act, 2021 received Royal
Assent.
Proceedings
barred
(3) No
proceeding may be brought or maintained in respect of a matter referred to in
subsection (1).
Proceedings
set aside
(4) A
proceeding that may not be maintained under subsection (3) is deemed to have
been dismissed, without costs, on the day the Supporting
People and Businesses Act, 2021 received Royal Assent.
Order
(5) Subject
to subsection (6), the Minister may issue an order directing the appropriate
land registrar to delete any instrument or deposit specified in the order that
is registered or deposited on title to lands described in subsection (1) under
the Registry Act .
Application
(6) Subsection
(5) applies only to instruments or deposits registered or deposited against
lands claimed by or through the use, possession or occupation of the lands or
by prescription in circumstances where subsection (1) applies to the claim.
Deletion
(7) Upon
registration of the order referred to in subsection (5) in the proper land
registry office in a manner approved by the Director of Titles, the land
registrar shall delete the instruments specified in the order.
compensation
(8) No
person is entitled to any compensation for any loss or damages, including loss
of revenues or loss of profit, arising from the enactment, amendment, repeal or
application of this section.
expropriation
(9) Nothing
in this
section and nothing done or not done in accordance with this
section
constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
Commencement
This
Schedule comes into force on the day the Supporting
People and Businesses Act, 2021 receives Royal Assent.
SCHEDULE 23
PUBLIC LANDS ACT
(1) Section 1 of the Public Lands Act is
amended by adding the following definition:
“Deputy
Minister” means the deputy minister of the Minister; (“sous-ministre”)
(2) The
definitions of “Minister” and “Ministry” in
section 1 of the Act are repealed
and the following substituted:
“Minister”
means the member of the Executive Council to whom responsibility for the
administration of this Act or part of this Act is assigned or transferred under
the Executive Council Act ; (“ministre”)
“Ministry”
means the ministry of the Minister; (“ministère”)
The heading to
Part I of the Act is repealed and the following substituted:
PART I
THE MINISTRY
Section 3 of the Act is amended by adding the following subsection:
Transfers,
dispositions, etc.
(2) Nothing
in subsection (1) prevents the Minister from doing any of the following:
1. Ordering
the transfer of the administration and control of public lands in accordance
with
section 37.1.
2. Directing
the disposal of public lands for the purpose of implementing an agreement
involving the Crown in right of Ontario and an Indigenous community.
3. Directing
the disposal of public lands to a municipality.
Section 11 of the Act is amended by striking out “Lieutenant Governor in
Council” and substituting “Minister”.
The French version of subsection 13 (1) of the Act is amended by striking out “délivrer
des permis de construction de bâtiments ou de structures, ou d’aménagement des
terres du secteur” and substituting “délivrer des permis pour la construction
d’un bâtiment ou d’une structure, ou la réalisation d’améliorations sur des
terres du secteur”.
Clause 15 (1) (
b) of the Act is amended by striking out “and prescribing the
fee therefor” at the end.
(1) Subsection 17 (1) of the Act is amended by adding “Subject to
subsection (1.1)” at the beginning.
(2) Section
17 of the Act is amended by adding the following subsection:
Application
of subs. (1)
(1.1) Subsection
(1) applies only if the right to bring an action on behalf of Her Majesty
against a person for the recovery of the land was barred by the Real Property Limitations Act before the day the Supporting People and Businesses Act, 2021 received Royal
Assent.
The Act is amended by adding the following section:
right, title or interest by adverse possession
17.1
(1) Despite
any other law, including the Real Property Limitations Act
and any other Act or any common law rule, but subject to subsection (3), no
person may acquire a right, title or interest in public lands, including lands
described in subsection (2), by or through the use, possession or occupation of
the lands or by prescription on or after the day the Supporting
People and Businesses Act, 2021 receives Royal Assent.
Additional
public lands
(2) For
greater certainty, “public lands” for the purposes of this
section includes lands
acquired by the Crown in right of Ontario at any time for the purposes of a
past or current program of the Ministry.
Application
(3) This
section does not apply if the right to bring an action on behalf of Her Majesty
against a person for the recovery of the lands was barred by the Real Property Limitations Act before the day the Supporting People and Businesses Act, 2021 received Royal
Assent.
Proceedings
barred
(4) No
proceeding may be brought or maintained in respect of a matter referred to in
subsection (1).
Proceedings
set aside
(5) A
proceeding that may not be maintained under subsection (4) is deemed to have
been dismissed, without costs, on the day the Supporting
People and Businesses Act, 2021 received Royal Assent.
Order
(6) Subject
to subsection (7), the Minister may issue an order directing the appropriate
land registrar to delete any instrument or deposit specified in the order that
is registered or deposited on title to public lands under the Registry Act .
Application
(7) Subsection
(6) applies only to instruments or deposits registered or deposited against lands
claimed by or through the use, possession or occupation of the lands or by
prescription in circumstances where subsection (1) applies to the claim.
Deletion
(8) Upon
registration of the order referred to in subsection (6) in the proper land
registry office in a manner approved by the Director of Titles, the land
registrar shall delete the instruments or deposits specified in the order.
compensation
(9) No
person is entitled to any compensation for any loss or damages, including loss
of revenues or loss of profit, arising from the enactment, amendment, repeal or
application of subsection 17 (1.1) or this section.
expropriation
(10) Nothing
in subsection 17 (1.1) or this
section and nothing done or not done in
accordance with subsection 17 (1.1) or this
section constitutes an
expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
The Act is amended by adding the following section:
Release
of habendum or certain restrictions
19.1
(1) If
public lands have been sold under this or any other Act, whether before
or after the day this
section comes into force, and the letters patent contain
a restriction in the habendum with respect to the purposes for which the
lands may be used or any other restriction limiting the use of the lands or
limiting the owner’s ability to further transfer or deal with the lands, the
make an order releasing the land or any part of it from the restriction.
Effect
(2) An
order made under subsection (1) in respect of a restriction in a habendum has
the same legal effect as if the release of the restriction had been confirmed
through the issuance of supplemental letters patent.
Order
sent to land registry office
(3) The
Minister may, in the Minister’s discretion, register the order in the proper
land registry office in a manner approved by the Director of Titles.
Registration
(4) Upon
registration of an order under subsection (3) the land registrar shall provide
a copy, including the particulars of the registration, to the person or
entities identified by the Ministry.
Subsection 23 (2) of the Act is amended by striking out “the prescribed fee”
and substituting “any required fee”.
(1) Section 37.1 of the Act is amended by adding the following subsection:
Release
from reversionary clause
(2.1) If
an order under subsection (1), or an order-in-council, that transfers
responsibility for the administration and control of public lands from the
Minister to the Crown in right of Canada or an agent corporation within the
meaning of the Financial Administration Act (Canada)
contains either a provision requiring that the administration and control of
the lands be returned to the Crown in right of Ontario at some point in time or
upon such other specified terms or a provision requiring that the lands be used
by the Crown in right of Canada or the agent corporation only for a specified
purpose, the Minister may, by order, release the Crown in right of Canada or
the agent corporation from any such requirement.
(2) Subsections
37.1 (3) and (4) of the Act are repealed and the following substituted:
Order
sent to land registry office
(3) The
Minister may, in the Minister’s discretion, register the order in the proper
land registry office in a manner approved by the Director of Titles.
Registration
(4) Upon
registration of an order under subsection (3) the land registrar shall provide
a copy, including the particulars of the registration, to the person or
entities identified by the Ministry.
Subsection 39 (1) of the Act is amended by striking out “the Lieutenant Governor
in Council” at the end and substituting “the Minister”.
Section 40 of the Act is amended by striking out “the Deputy Minister of
Natural Resources” and substituting “the Deputy Minister”.
Clause 47 (
a) of the Act is repealed.
Subsection 61 (4) of the Act is amended by striking out “the Deputy Minister of
Natural Resources” and substituting “the Deputy Minister”.
Part III of the Act is amended by adding the following section:
Fees,
etc.
69.3
(1) The
Minister may establish and charge fees or other charges for any service,
approval, permission or decision related to the management, use or disposition
of public lands under this Act.
Same
(2) For
greater certainty, where any provision of this Act requires or permits the
activity, the power to set terms or conditions includes the power to require
the payment of a fee or other charge established by the Minister.
Requirement
to pay
(3) A
person shall pay any fees or other charges established by the Minister under
this Act.
Change,
refund, etc.
(4) Where,
under this
section or any other provision of this Act, the Minister has the
power to establish a fee or other charge, the Minister may change the amount of
the fee or charge and may direct the refund or waiver of all or part of any fee
or charge if, in the Minister’s opinion, it is equitable to do so.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Supporting People and Businesses Act, 2021
receives Royal Assent.
(2) Section
14 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
SCHEDULE 24
TORONTO ATMOSPHERIC FUND ACT, 2005
Subsections 11 (8) and (9) of the Toronto Atmospheric Fund
Act, 2005 are repealed.
Commencement
This
Schedule comes into force on the day the Supporting
People and Businesses Act, 2021 receives Royal Assent.
SCHEDULE
WATER OPPORTUNITIES ACT, 2010
Part II of the Water Opportunities Act, 2010 is
repealed.
Clause 42 (1) (
b) of the Act is repealed.
Commencement
This
Schedule comes into force on the day the Supporting
People and Businesses Act, 2021 receives Royal Assent.
Bill 13 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
SCHEDULE 1
BARRISTERS ACT
The
Schedule repeals
section 3 of the Barristers Act .
Section 3 of the Act sets out the order of precedence for members of the bar of
Ontario in the courts of Ontario.
SCHEDULE 2
CANNABIS LICENCE ACT, 2018
The
Schedule amends the Cannabis Licence Act, 2018
respecting methods of distributing cannabis sold through cannabis retail
stores. In particular,
section 20 of the Act is re-enacted to provide that
cannabis may be distributed either in person in a cannabis retail store or in
an area immediately adjacent to it or by delivery. Complementary amendments are
made to various provisions of the Act. Additionally, related amendments are
made to two other statutes:
1. Subsection
7 (2) of the Cannabis Control Act, 2017 is amended
to expand the application of the subsection to distribution, which includes
delivery, rather than to delivery only, when cannabis is not provided to a
purchaser at the time of sale.
Section 9 of the Act is re-enacted to provide
that no person may purchase cannabis except from an authorized cannabis
retailer, as defined in the Act.
Section
2 of the Ontario Cannabis Retail Corporation Act, 2017 ,
setting out the exclusive rights of the Corporation, is re-enacted. The
Corporation is given the exclusive right to sell cannabis online, without doing
so through a cannabis retail store. Selling cannabis for resale through a
cannabis retail store continues to be an exclusive right of the Corporation.
The Corporation’s exclusive rights also continue to be subject to such
exceptions as may be specified by regulations made under the Act.
The
Cannabis Licence Act, 2018 is also amended to
provide for searches, including warrantless searches, of conveyances for
enforcement purposes. As well, subsection 49 (1) of the Act is amended to add
an authority for the Lieutenant Governor in Council to make regulations
governing rules and processes that apply if the Registrar of the Alcohol and
Gaming Commission of Ontario receives a copy of a resolution of the council of the
band in respect of a reserve containing a prescribed request relating to the
delivery of cannabis or other products to the reserve. This could include
regulations prohibiting or restricting the delivery of cannabis to a reserve.
Finally
a correction is made to the French version of the definition of “reserve” in
subsection 1 (1) of the Cannabis Licence Act, 2018
and subsection 26 (3) of the Cannabis Control Act, 2017 .
SCHEDULE 3
COLLECTION AND DEBT SETTLEMENT SERVICES ACT
The
Collection and Debt Settlement Services Act is
amended to update references to certain statutes.
SCHEDULE 4
COURTS OF JUSTICE ACT
The
Schedule amends
section 17 of the Courts of Justice Act
to address an outstanding reference to case management masters, in part
retroactive to September 1, 2021, the day on which they were retitled as
associate judges. The
Schedule also corrects several French language errors in
the Act.
SCHEDULE 5
CROWN ADMINISTRATION OF ESTATES ACT
The
Schedule amends the Crown Administration of Estates Act
to change a reference to the Ministry of the Attorney General website to refer
instead to a Government of Ontario website.
SCHEDULE 6
CROWN FOREST SUSTAINABILITY ACT, 1994
The
Schedule amends the Crown Forest Sustainability Act, 1994
by adding a new
part III.2 governing the harvesting of forest resources in
Crown forests for personal use in the prescribed circumstances or in accordance
with an authorization issued by the Minister. Several consequential amendments
are made and the Lieutenant Governor in Council is given new regulation making
powers in respect of the harvesting of forest resources for personal use.
SCHEDULE 7
DEVELOPMENT CHARGES ACT, 1997
The
amendments to the Development Charges Act, 1997
change the method by which the estimate for the increase in the need for the
Yonge North subway extension is calculated by basing it on the planned level of
service provided in the municipality over the 20-year period immediately
following the preparation of the background study.
SCHEDULE 8
EDUCATION ACT
The
Education Act is amended to remove references to
ranked ballot elections, change when boards must elect their chairs and when
the chief executive officer of a board must submit a report to the board, and
eliminate certain requirements relating to the appointment of supervisory
officers.
SCHEDULE 9
ELECTRICITY ACT, 1998
The
Schedule amends the Electricity Act, 1998 to add a
new
section 36.1.1 creating a two-year limitation period (or such other
limitation period as may be prescribed) that applies to certain payments,
adjustments and amounts settled by the IESO.
Related
amendments concerning limitation periods are made to the Electricity
Act, 1998 and other Acts:
1. A
new subsection (9) is added to
section 25.33 (Global Adjustment) of the Electricity Act, 1998 to create the authority to provide
for a limitation period in respect of adjustments to be made by the IESO,
distributors and retailers under that
section or the regulations.
2. The
Limitations Act, 2002 is amended to add new
section
36.1.1 of the Electricity Act, 1998 to the
Schedule
made under
section 19 of that Act, to provide that a limitation period
established under
section 36.1.1 of the Act or the regulations prevails in
respect of a claim where a limitation period in the Act also applies.
3. New
provisions are added to the Ontario Energy Board Act, 1998
to create the authority to prescribe limitation periods for entitlements
related to certain electricity rate-mitigation programs.
4. The
Ontario Fair Hydro Plan Act, 2017 is amended to
authorize the making of regulations to prescribe a limitation period related to
the entitlement of consumers; and the rights or obligations of electricity
vendors, unit sub-meter providers and the IESO in respect of payments,
adjustments or amounts to be provided under that Act as it read immediately
before the final plan date.
The
Schedule also amends
Part VIII of the Electricity Act,
1998 to replace the administrative penalties currently provided for in
respect of that Part with a new authority to impose administrative penalties,
and to make related amendments. Under the new provisions, the Director may
order a person to pay an administrative penalty if the person has contravened a
prescribed provision of
Part VIII or the regulations made under it, certain
restrictions, limitations or conditions of a prescribed authorization or a
prescribed order of the Authority. The maximum amount of an administrative
penalty is $10,000. The Minister is given regulation-making authority over
matters relating to administrative penalties.
SCHEDULE 10
ENVIRONMENTAL ASSESSMENT ACT
The
Schedule amends the Environmental Assessment Act to
specify that both amendments to approved class environmental assessments, as
well as amendments to approvals of class environmental assessments, may include
amendments to change the classes of undertakings to which the class
environmental assessment applies.
SCHEDULE 11
LIQUOR LICENCE AND CONTROL ACT, 2019
Paragraph
17 of subsection 78 (1) of the Liquor Licence and Control
Act, 2019 provides regulation-making authority to authorize the
Registrar to approve temporary physical extensions of lic