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Bill 138, Plan to Build Ontario Together Act, 2019

Phillips, Rod Minister of Finance

Royal Assent received. Statutes of Ontario 2019,

chapter 15

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Bill 138 Royal Assent (PDF)

EXPLANATORY

NOTE

This

Explanatory Note was written as a reader’s aid to Bill 138 and does not form

part of the law.

Bill 138 has been enacted as

Chapter 15 of the Statutes of Ontario, 2019.

schedule

Alcohol and Gaming Commission of Ontario Act, 2019

The

Schedule enacts the Alcohol and Gaming Commission of

Ontario Act, 2019 , which continues the Alcohol and Gaming Commission of

Ontario and provides for its objects as well as various other matters relevant

to the functioning of the Commission. The

Schedule repeals sections 1 to 16 of

the Alcohol, Cannabis and Gaming Regulation and Public

Protection Act, 1996 , which relate to the Commission, and makes

consequential amendments to various other Acts.

SCHEDULE

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

The

Schedule makes a number of amendments to the Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996. Here are

some highlights:

1. As

other Schedules to the Bill repeal

Part I of the Act and enact and repeal other

Acts referred to in the Act, the title of the Act is changed to the Liquor Tax Act, 1996 and various amendments to terminology

are made.

2. Various

amendments are made to the Act respecting the collection of the tax imposed by

the Act and various provisions of Act are repealed.

3. Currently,

the basic tax payable under the Act in respect of the purchase of beer made by

beer manufacturers is adjusted annually. The Act is amended to no longer

require annual adjustments and to instead authorize the Minister to prescribe a

date in a year as of which the basic tax rate is to be adjusted. The Act is

also modified such that increases in the basic tax on wine and wine cooler that

are to take effect on January 1, 2020 will instead take effect on June 1, 2020.

SCHEDULE

Cannabis Control ACT, 2017

The

Schedule amends sections 20 and 23 of the Cannabis Control

Act, 2017 respecting approved youth education or prevention programs

under the Act. Subsection 20 (1) is amended to expressly state that a police

officer may, under that subsection, refer a person who is under 19 years of age

to such a program instead of commencing a proceeding under the Provincial Offences Act .

Section 23 is amended to

expressly state that, in the case of a conviction for a contravention of

section 10 of the Act (possession, consumption, etc. by an individual who is

under 19 years of age), a court may suspend the passing of sentence and direct

participation in such a program as a condition in a probation order, and that

any such condition is in addition to any other condition that may be imposed in

a probation order under the Provincial Offences Act .

SCHEDULE

Cannabis Licence ACT, 2018

The

Schedule makes various amendments respecting the sale of cannabis in accordance

with the Cannabis Licence Act, 2018 .

Amendments

are made to permit online and telephone purchase of cannabis from cannabis

retail stores.

Section 2 of the Ontario Cannabis Retail

Corporation Act, 2017 is amended to permit the sale of cannabis by

holders of a retail store authorization under the Cannabis

Licence Act, 2018 online or by telephone, but only for distribution to

purchasers in a cannabis retail store.

Section 20 of the Cannabis

Licence Act, 2018 is re-enacted to reflect that cannabis may be

purchased from a cannabis retail store other than in person, but to prohibit

holders of a retail store authorization from distributing cannabis to

purchasers other than in store; complementary changes are made to

section 21 of

that Act. Finally,

section 9 of the Cannabis Control Act,

2017 , setting out prohibitions respecting unlawful purchase of cannabis,

is replaced in order to reflect online and telephone sales of cannabis other

than by the Ontario Cannabis Retail Corporation.

Subsection

4 (4) of the Cannabis Licence Act, 2018 , respecting

restrictions on cannabis producers, is amended to provide greater flexibility

to set out the scope of the restrictions by regulations made under the Act.

Complementary amendments are made to the regulation-making authority in

subsection 49 (1) of the Act.

Finally,

section 26 of the Act is amended to expand the circumstances in which the

Registrar of the Alcohol and Gaming Commission of Ontario may set standards and

requirements respecting specified matters relating to the conduct of licence or

authorization holders under the Act.

SCHEDULE

Child, Youth and Family Services Act, 2017

The

Schedule amends the Child, Youth and Family Services Act,

2017 to allow a justice of the peace to issue a warrant authorizing a

peace officer to bring a child to a place of safety in circumstances involving

the child leaving or being removed from the care of a child welfare authority.

The

Schedule also amends a cross-reference in clause 280 (1) (

a) of the Act and

makes amendments respecting the way in which service providers under the Act

are to make requested corrections to records.

SCHEDULE

City of Toronto Act, 2006

Subsection

291 (2) of the City of Toronto Act, 2006 , which

sets out how certain property taxes are to be determined, is amended to include

rules about recalculating property taxes when there is a change to the

permitted uses of land.

SCHEDULE

Commodity Futures Act

The

Schedule amends the Commodity Futures Act .

Section

12 of the Act currently prohibits persons or companies from disclosing certain

information about investigations and examinations under the Act, except to the

person’s or company’s counsel. The

Schedule amends

section 12 to permit

disclosure of certain information to a person’s or company’s insurer or

insurance broker under specified conditions.

Section

75 of the Act currently prohibits the Ontario Securities Commission from making

orders or rulings of general application. The

Schedule amends the Act to allow

the Commission to make an order exempting a class of persons or companies,

contracts, trades or intended trades from any requirement of Ontario commodity

futures law on such terms or conditions as may be set out in the order. The

amendments provide for the duration of such an order as well as rules requiring

the publication of a notice respecting such an order.

schedule

Co-operative Corporations Act

The

Schedule makes various amendments to the Co-operative

Corporations Act . Here are some highlights:

1. The

Minister for the purposes of the Act is changed from the Minister of Finance to

the Minister of Government and Consumer Services.

2. Currently,

the Act restricts a co-operative from conducting 50 per cent or more of its

business with non-members of that co-operative. The Act is amended to remove

this restriction, provided that the co-operative’s articles of incorporation or

by-laws authorize it to conduct 50 per cent or more of its business with

non-members.

3. The

Act is amended such that the functions relating to offering statements

currently attributed to the Minister are attributed to the Chief Executive

Officer of the Financial Services Regulatory Authority of Ontario.

4. Provisions

requiring that a co-operative file certain statements with the Minister are

repealed.

5. The

conditions that must be met for a co-operative to be exempt from certain audit

provisions in the Act are amended.

6. The

Act is amended to provide that at least 75 per cent of permanent full-time

employees and 75 per cent of all employees must be members of a co-operative

whose articles provide that its primary object is to provide employment to its

members, subject to a different proportion being prescribed by regulation.

SCHEDULE

Dangerous Goods Transportation Act

The

Dangerous Goods Transportation Act is amended to

provide that the Minister, the Ministry of Transportation and the Registrar of

Motor Vehicles may do things by electronic means or in electronic formats, and

to add regulation-making powers relating to the admissibility of electronic

documents in court.

SCHEDULE

Development Charges Act, 1997

Section

26.1 of the Development Charges Act, 1997 , which is

not yet in force, sets out rules for when a development charge is payable in

respect of certain types of development. The

Schedule removes industrial

development and commercial development from the types of development in

section

26.1.

SCHEDULE

Egyptian Heritage Month Act, 2019

The

Schedule enacts the Egyptian Heritage Month Act, 2019 ,

which proclaims the month of July in each year as Egyptian Heritage Month.

SCHEDULE

Financial Professionals Title Protection Act, 2019

The

Schedule amends the Financial Professionals Title

Protection Act, 2019 by repealing the Lieutenant Governor in Council’s

power to make regulations in respect of transitional matters and exemptions and

by authorizing the Financial Services Regulatory Authority to make rules in

respect of those matters.

SCHEDULE

Fish and Wildlife Conservation Act, 1997

Currently

subsection 36 (1) of the Fish and Wildlife Conservation

Act, 1997 prohibits a hunter or trapper who kills game wildlife, other

than furbearing mammals, from abandoning it if its flesh may become unsuitable

for human consumption. Subsection 36 (2) prohibits a person who possesses game

wildlife that was hunted or trapped, other than furbearing mammals, from

permitting its flesh to become unsuitable for human consumption. A new

subsection 36 (2.1) is added to provide an exemption from subsections 36

(1) and (2) only in respect of double-crested cormorants in the circumstances

prescribed by the regulations. A new paragraph 27.1 is added to

section 112 to

allow the Lieutenant Governor in Council to make a regulation prescribing the

circumstances in which subsections 36 (1) and (2) do not apply.

SCHEDULE

Gasoline Tax Act

Section

2 of the Gasoline Tax Act currently sets out the

tax rate payable by a purchaser of aviation fuel. Subsection 2 (2) is

re-enacted to set out the current tax rate, which is 6.7 cents per litre. A new

subsection 2 (2.1) provides that the tax rate is 2.7 cents per litre in

circumstances where the purchaser takes possession of the fuel in Northern

Ontario and the fuel is transferred into a tank of an aircraft in Northern

Ontario. Under new subsection 2 (2.2), if a purchaser takes possession of the

fuel in Ontario but outside Northern Ontario and the purchased fuel is

transferred into the fuel tank of an aircraft in Northern Ontario, the

purchaser is deemed to have made an overpayment of tax equal to the difference

between the amount of tax paid and the tax that would have been paid if the

rate was 2.7 cents per litre.

Subsection

28 (2) of the Act currently provides that interest payable on an overpayment made

under the Act is to be computed and compounded daily beginning on the date the

overpayment arose. The subsection is amended to provide that, in the case of

applications for a refund after December 31, 2019, interest is to be computed

and compounded daily beginning on the date the application for a refund is

made.

SCHEDULE

Health Insurance Act

Numerous

changes are made to the Health Insurance Act . Among

the changes:

1. Arrangements

entered into by the Minister under clause 2 (2) (

a) of the Act are deemed to

include provisions provided for in the regulations.

2. The

provisions governing the Physician Payment Review Board and the Medical

Eligibility Committee are repealed. They are allowed to conclude matters that

were before them.

3. Rules

concerning health cards are set out.

4. Rules

regarding records and information are provided for.

5. Rules

are set out concerning the power of the General Manager to refuse to pay claims

for services, pay reduced amounts, pay for services actually provided other than

those described in a claim or seek reimbursement for amounts paid.

6. The

General Manager is authorized to publish information, including personal

information other than personal health information, that relates to any

payments to a physician, practitioner or health facility,

7. New

rules for hearings by the Appeal Board are set out.

8. Reviewers

to conduct inspections are provided for, and rules are set out about

inspections.

9. Various

other changes of a housekeeping nature are made.

Related

and consequential amendments are made to other Acts.

SCHEDULE

Hellenic Heritage Month Act, 2019

The

Schedule enacts the Hellenic Heritage Month Act, 2019 ,

which proclaims the month of March in each year as Hellenic Heritage Month.

SCHEDULE

Higher Education Quality Council of Ontario Act, 2005

The

Schedule provides that it is a function of the Higher Education Quality Council

of Ontario to evaluate anything specified by the Minister, including programs

and services provided by the Ministry or other programs and services related to

post-secondary education that are provided or funded by the Government of

Ontario, in whole or in part, and to report to the Minister on the results of

the evaluation.

SCHEDULE

Highway Traffic Act

Numerous

amendments are made to the Highway Traffic Act ,

including the following:

1. Regulation-making

powers are added relating to the use of electronic documents.

2. The

Act is amended to provide that regulations may govern whether evidence of

validation is required to be affixed to a number plate.

3. Offence

provisions are added relating to the submission, display, presentation or

surrender of false or inaccurate documents, and other related changes are made.

4. Amendments

relating to record-keeping are made, including amendments to permit the use of

electronic documents and electronic methods in record-keeping and the addition

of provisions respecting records kept by dealers of second-hand motor vehicles,

trailers or bicycles.

SCHEDULE

Independent Health Facilities Act

Numerous

changes are made to the Independent Health Facilities Act .

Among the changes:

1. The

rules for applications to establish and operate independent health facilities

are changed, particularly by changing from a “request for proposals” process to

a “call for applications” process.

2. New

rules are established regarding the issuing of licences and applications for

licences and for the transfer, revocation and suspension of licences.

3. Rules

regarding record-keeping are provided for.

4. Rules

are set out regarding when the Minister may refuse to pay claims for services,

pay reduced amounts, pay for services actually provided other than those

described in a claim or require reimbursement for amounts paid.

5. New

rules regarding hearings by the Board and appeals from its decisions are

established.

6. New

rules for inspectors and inspections are provided for.

7. The

Director and prescribed persons may make compliance orders.

8. Various

changes of a housekeeping nature are made.

SCHEDULE

Interim Appropriation for 2020-2021 act, 2019

The

Schedule enacts the Interim Appropriation for 2020-2021

Act, 2019 , which authorizes expenditures pending the voting of supply

for the fiscal year ending on March 31, 2021 up to specified maximum amounts. All

expenditures made or recognized under the Act must be charged to the proper

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

March 31, 2021.

SCHEDULE

Liquor Control Board of Ontario Act, 2019

The

Schedule enacts the Liquor Control Board of Ontario Act,

2019 , which continues the Liquor Control Board of Ontario and provides

for its objects as well as various other matters relevant to the functioning of

the Board. The

Schedule repeals sections 1 to 8 of the Liquor

Control Act , which relate to the Board, and makes consequential

amendments to various other Acts.

was the case under predecessor Liquor Control Act

provisions that are being repealed, the Board’s objects under the Liquor Control Board of Ontario Act, 2019 include

buying, selling and importing liquor, as well as controlling its importation.

Schedule 22 to the Bill enacts the Liquor Licence and Control Act, 2019 , certain provisions of which also

relate to the Board’s functions respecting the importation of liquor. The Liquor Licence and Control Act, 2019 establishes certain

regulatory powers and duties of the Alcohol and Gaming Commission of Ontario

that are analogous to regulatory powers and duties of the Board under the

provisions of the Liquor Control Act that are being

repealed.

SCHEDULE

Liquor Licence and Control Act, 2019

The

Schedule enacts the Liquor Licence and Control Act, 2019

and repeals the Liquor Licence Act and the Wine Content and Labelling Act, 2000 . The new Act is

substantially similar to the Liquor Licence Act and

Part II of the Liquor Control Act , except for

corporate matters related to the Liquor Control Board of Ontario, and contains

various regulatory authorities substantially similar to regulatory authorities

currently contained in those Acts.

addition to providing for the issuing of new licences and permits, the Act

provides for the continuation of existing licences, permits and authorizations

granted under the Liquor Licence Act and the Liquor Control Act .

The

regulatory authority in the Act includes the ability to govern some matters

currently dealt with in the Wine Content and Labelling Act, 2000 .

SCHEDULE

Metropolitan Toronto Convention Centre Corporation Act

The

Metropolitan Toronto Convention Centre Corporation Act

is amended to permit the Board of Directors of the Corporation, with the

approval of the Minister, to change the name of the convention centre facility

that the Corporation operates in the City of Toronto.

SCHEDULE

Motorized Snow Vehicles Act

The

Motorized Snow Vehicles Act is amended to provide

that the Minister, the Ministry and the Registrar of Motor Vehicles may do

things by electronic means or in electronic formats. Regulation-making powers

are added relating to the use of electronic documents, and governing the validation

of permits and whether evidence of validation is required. Offence provisions

are added relating to the submission, display, presentation or surrender of

false or inaccurate documents.

SCHEDULE

Municipal Act, 2001

Subsection

329 (2) of the Municipal Act, 2001 , which sets out

how certain property taxes are to be determined, is amended to include rules

about recalculating property taxes when there is a change to the permitted uses

of land.

SCHEDULE

Off-Road Vehicles Act

The

Off-Road Vehicles Act is amended to provide that

the Minister, the Ministry and the Registrar may do things by electronic means

or in electronic formats, and to add regulation-making powers relating to the

use of electronic documents. An offence is added to the Act relating to false

or inaccurate documents.

SCHEDULE

Ombudsman Act

The

Schedule amends the Ombudsman Act to provide that a

person who is subject to

Part X of the Child, Youth and

Family Services Act, 2017 is not prevented by any provision of that Part

from providing to the Ombudsman personal information that the Ombudsman

requires.

SCHEDULE

Ontario Drug Benefit Act

Section

6 of the Ontario Drug Benefit Act is amended to

require the executive officer to deduct from the amount the executive officer

pays to an operator of a pharmacy an amount determined in accordance with the

regulations. The Act is also amended to allow the Lieutenant Governor in

Council to make regulations governing the manner in which the executive officer

determines any additional amount to be subtracted and to allow the public

consultation process currently set out in the Act to apply to the making of

these regulations .

SCHEDULE

Pension Benefits Act

The

Schedule amends the Pension Benefits Act as

follows:

1. Subsection

14 (5) of the Act is repealed. That provision currently sets out an exception

to subsection 14 (1) where an amendment to a pension plan is made in the

context of a transfer of assets authorized by

section 80.1 which was repealed

in 2017.

2. Clause

79.1 (1) (

a) of the Act currently sets out provisions that authorize a transfer

of assets between pension plans relating to the provision of defined benefits.

The clause is amended to remove the reference to

section 80.1 which was

repealed in 2017. In addition, currently unproclaimed amendments to clause 79.1

(1) (

a) are also repealed.

3. Currently,

section 80.4 of the Act governs a conversion of a single employer pension plan

to a jointly sponsored pension plan through a transfer of assets and

liabilities. Subsection 80.4 (3) currently provides that if the single

employer pension plan provides defined contribution benefits as well as defined

benefits, the transfer in respect of the defined contribution benefits must

comply with the prescribed requirements, if any. The subsection is re-enacted

to permit the employer of the single employer pension plan to elect to transfer

the assets in respect of the defined contribution benefits and if the employer

so elects, the transfer must comply with the prescribed requirements, if any.

SCHEDULE

Personal Health Information Protection Act, 2004

The

Personal Health Information Protection Act, 2004

(“PHIPA”) is amended. Among the changes:

1. Using

personal health information that has been de-identified to identify an

individual is prohibited, subject to certain exceptions.

2. The

Information and Privacy Commissioner is given the power to order the return of

records of personal health information that were improperly collected, used or

disclosed.

3. Regulation

making powers are established concerning the role of Ontario Health under the

Act, including prescribing under what circumstances a person or entity or group

of persons or entities designated under subsection 29 (1) of the Connecting Care Act, 2019 may collect, use and disclose

personal health information.

The

Connecting Care Act, 2019 is amended to extend the

protection from liability provided for actions under that Act to prescribed

provisions of PHIPA and its regulations.

SCHEDULE

Planning Act

New

section 37 of the Planning Act , which is not yet in

force, is amended to set out a process for a person or public body to appeal a

community benefits charge by-law to the Local Planning Appeal Tribunal.

transitional provision is added to

section 42 of the Act (by-laws requiring

parkland as a condition of development or redevelopment) in respect of

amendments to that

section that are not yet in force.

Section

51.1 of the Act (parkland as a condition to approval of a plan of subdivision)

contains a transitional provision in respect of amendments to that

section that

are not yet in force. This transitional provision is amended and another one is

added.

SCHEDULE

PROVINCIAL Day of Action on Litter Act, 2019

The

Schedule enacts the Provincial Day of Action on Litter

Act, 2019 , which proclaims the second Tuesday in May in each year as the

Provincial Day of Action on Litter.

SCHEDULE

Provincial Offences Act

Section

23 of the Provincial Offences Act is amended to

provide for a written process by which a provincial offences officer may lay an

information under that section.

SCHEDULE

Securities Act

The

Schedule amends the Securities Act .

Section

16 of the Act currently prohibits persons or companies from disclosing certain

information about investigations and examinations under the Act, except to the

person’s or company’s counsel. The

Schedule amends

section 16 to permit

disclosure of certain information to a person’s or company’s insurer or

insurance broker under specified conditions.

Section

109 of the Act currently requires that where voting securities are registered

in the name of a person or company other than the beneficial owner and the

person or company knows that they are beneficially owned by an insider and that

the insider has failed to file a report of such ownership with the Ontario

Securities Commission as required by

Part XXI of the Act, the person or company

shall file a report. The

Schedule repeals

section

Section

143.11 of the Act currently prohibits the Commission from making orders or

rulings of general application. The

Schedule amends the Act to allow the

Commission to make an order exempting a class of persons or companies, trades,

intended trades, securities or derivatives from any requirement of Ontario

securities law on such terms or conditions as may be set out in the order. The

amendments provide for the duration of such an order as well as rules requiring

the publication of a notice respecting such an order.

SCHEDULE

Shortline Railways Act, 1995

The

Shortline Railways Act, 1995 is amended to provide

that the Minister, the Ministry of Transportation and the registrar may do

things by electronic means or in electronic formats.

SCHEDULE

Supplementary Interim Appropriation for 2019-2020 Act, 2019

The

Schedule enacts the Supplementary Interim Appropriation

for 2019-2020 Act, 2019 , which authorizes expenditures pending the

voting of supply for the fiscal year ending on March 31, 2020 up to specified

maximum amounts. The expenditures authorized are in addition to those

authorized under the Interim Appropriation for 2019-2020

Act, 2018 . All expenditures made or recognized under the Interim Appropriation for 2019-2020 Act, 2018 and this

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

for the fiscal year ending on March 31, 2020.

SCHEDULE

Supply Chain Management Act (Government, Broader Public Sector and Health

Sector Entities), 2019

The

Schedule enacts the Supply Chain Management Act

(Government, Broader Public Sector and Health Sector Entities), 2019 .

The following are some of the highlights of the Act:

The

purposes of the Act are set out in

section 1 of the Act.

The

Act provides that government entities, broader public sector entities and

health sector entities must comply with regulations governing how they carry

out supply chain management and requiring them to implement specified vendor

performance standards and practices.

The

Act permits the Lieutenant Governor in Council to designate or create a supply

chain management entity to provide or support supply chain management on behalf

of other entities.

SCHEDULE

Taxation Act, 2007

Currently,

section 19.1 of the Taxation Act, 2007 provides the Ontario dividend tax

credit for years 2016 and later. The

section is amended to provide that the

tax credit includes 22.895 per cent of the amount required under subparagraph

82 (1) (b) (

i) of the Income Tax Act (Canada) to be included in income

for taxation years ending after December 31, 2019.

Subsection

31 (4) of the Act sets out rules for calculating a corporation’s small business

deduction rate for a taxation year. The subsection is amended to provide that

the deduction rate is 8.3 per cent for days in a taxation year after December

31, 2019.

SCHEDULE

Tobacco Tax Act

Section

2.2 of the Tobacco Tax Act is amended to prohibit

the possession of a marker that is issued by the Minister but is not affixed to

a bale or package, except in certain circumstances. Amendments are also made

to provide that it is an offence to contravene this prohibition and to permit

the Minister to assess a penalty in cases of non-compliance.

Section

11 of the Act is amended to permit the Minister to immediately suspend a

person’s registration certificate or permit if the Minister has reasonable

grounds to believe that the person has not engaged in the relevant activity for

a period of at least six consecutive months. The amendments also provide for

the cancellation of the registration certificate or permit after a specified

time, unless the person requests a hearing to show why the registration

certificate or permit should not be cancelled.

Currently,

subsection 19 (2) of the Act permits the Minister to assess a penalty against a

person who fails to collect tax that the person is responsible to collect under

the Act or the regulations. Subsection 19 (11) currently sets out a limitation

period that applies to the assessment of those penalties. Amendments are made

to permit the Minister to assess a penalty after the limitation period if the

person has filed a waiver with the Minister within the specified time.

Section

23.0.2 (1) of the Act currently authorizes the seizure of raw leaf tobacco by

an authorized person in specified circumstances. The subsection is amended to

include circumstances where the tobacco has been offered for sale or kept for

sale, or is being offered for sale or kept for sale, in contravention of

section 2.3.

Currently,

if cigars or other tobacco are seized from a person under

section 29.1 of the

Act, the person may apply to the Superior Court of Justice to establish a right

of possession to the cigars or other tobacco. Subsection 29.1 (2.3) sets out

the circumstances in which a person has a right to possession and includes

where the person, at the time of seizure, was in possession or control of not

more than 50 cigars or one kilogram of other tobacco. The clause that sets out

that circumstance is repealed.

SCHEDULE

Toronto Stock Exchange Act

The

Schedule repeals the Toronto Stock Exchange Act .

Bill 138 2019

Act to implement Budget measures and to enact, amend and repeal various

statutes

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Alcohol

and Gaming Commission of Ontario Act, 2019

Schedule 2

Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996

Schedule 3

Cannabis

Control Act, 2017

Schedule 4

Cannabis

Licence Act, 2018

Schedule 5

Child,

Youth and Family Services Act, 2017

Schedule 6

City

of Toronto Act, 2006

Schedule 7

Commodity

Futures Act

Schedule 8

Co-operative

Corporations Act

Schedule 9

Dangerous

Goods Transportation Act

Schedule 10

Development

Charges Act, 1997

Schedule 11

Egyptian

Heritage Month Act, 2019

Schedule 12

Financial

Professionals Title Protection Act, 2019

Schedule 13

Fish

and Wildlife Conservation Act, 1997

Schedule 14

Gasoline

Tax Act

Schedule 15

Health

Insurance Act

Schedule 16

Hellenic

Heritage Month Act, 2019

Schedule 17

Higher

Education Quality Council of Ontario Act, 2005

Schedule 18

Highway

Traffic Act

Schedule 19

Independent

Health Facilities Act

Schedule 20

Interim

Appropriation for 2020-2021 Act, 2019

Schedule 21

Liquor

Control Board of Ontario Act, 2019

Schedule 22

Liquor

Licence and Control Act, 2019

Schedule 23

Metropolitan

Toronto Convention Centre Corporation Act

Schedule 24

Motorized

Snow Vehicles Act

Schedule 25

Municipal

Act, 2001

Schedule 26

Off-road

Vehicles Act

Schedule 27

Ombudsman

Act

Schedule 28

Ontario

Drug Benefit Act

Schedule 29

Pension

Benefits Act

Schedule 30

Personal

Health Information Protection Act, 2004

Schedule 31

Planning

Act

Schedule 32

Provincial

Day of Action on Litter Act, 2019

Schedule 33

Provincial

Offences Act

Schedule 34

Securities

Act

Schedule 35

Shortline

Railways Act, 1995

Schedule 36

Supplementary

Interim Appropriation for 2019-2020 Act, 2019

Schedule 37

Supply

Chain Management Act (Government, Broader Public Sector and Health Sector

Entities), 2019

Schedule 38

Taxation

Act, 2007

Schedule 39

Tobacco

Tax Act

Schedule 40

Toronto

Stock Exchange Act

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 Plan

to Build Ontario Together Act, 2019 .

schedule 1

Alcohol and Gaming Commission of Ontario Act, 2019

CONTENTS

Interpretation

Definitions

Alcohol and Gaming Commission

of Ontario

Commission

continued

Objects

General

powers

Board of Directors

Board

of directors

Powers

and duties of the board

Registrar, Employees, etc.

Registrar

Registrar’s

certificate

Employees

Immunity

of employees and others

Financial Matters and Monetary

Penalties

Funding

Certain

financial powers and duties

Fees

and charges

Monetary

penalties

Annual

report

Regulations

Regulations

Amendment to this Act, Repeal,

and Revocations

Amendment

to this Act

Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996

Revocations

Consequential Amendments

Cannabis

Licence Act, 2018

Gaming

Control Act, 1992

Horse

Racing Licence Act, 2015

Licence

Appeal Tribunal Act, 1999

Ontario

Lottery and Gaming Corporation Act, 1999

Commencement and

Short Title

Commencement

Short

title

Interpretation

Definitions

(1) In

this Act,

“Commission”

means the Alcohol and Gaming Commission of Ontario continued under subsection 2

(1); (“Commission”)

“Minister”

means the minister responsible for the administration of this Act; (“ministre”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“Registrar”

means the Registrar appointed by the board of directors of the Commission;

(“registrateur”)

“regulations”

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

Alcohol,

cannabis, gaming and horse racing statutes

(2) For

the purposes of this Act, the following are the alcohol, cannabis, gaming and

horse racing statutes:

1. The

Liquor Licence and Control Act, 2019 .

2. The

Cannabis Licence Act, 2018 .

3. The

Gaming Control Act, 1992 .

4. The

Horse Racing Licence Act, 2015 .

Alcohol

and Gaming Commission of Ontario

Commission

continued

(1) The

Alcohol and Gaming Commission of Ontario is continued as a corporation without

share capital.

Board

of directors

(2) The

Commission shall have a board of directors consisting of the members appointed

in accordance with subsection 5 (1).

Non-application

of Corporations Information Act

(3) The

Corporations Information Act does not apply to the

Commission.

Non-application

of Corporations Act

(4) Subject

to subsection (5), the Corporations Act does not

apply to the Commission.

Regulations

(5) The

regulations may specify provisions of the Corporations Act

that apply to the Commission, with or without any prescribed modifications.

Objects

(1) The

Commission has the following objects:

1. To

exercise the powers and perform the duties assigned under this or any other Act

to the Commission.

2. To

administer the alcohol, cannabis, gaming and horse racing statutes and the

regulations made under them.

3. To

engage in such other activities as may be prescribed.

Duty

to act in the public interest

(2) The

Commission shall exercise its powers and perform its duties in the public

interest and in accordance with the principles of honesty and integrity, and

social responsibility.

General

powers

(1) Except

as limited by this Act, the Commission has the capacity, rights and powers of a

natural person for carrying out its objects.

Cabinet

approval

(2) The

Commission shall not exercise the following powers without the approval of the

Lieutenant Governor in Council:

1. Acquiring,

disposing of, leasing, mortgaging, charging or otherwise transferring or

encumbering any interest in real property, except for leasing space that is

reasonably necessary for the purposes of the Commission.

2. Borrowing

or lending money.

3. Pledging,

charging or encumbering any of its personal property.

4. Creating

a subsidiary.

Board

of Directors

Board

of directors

(1) The

board of directors of the Commission consists of not more than 11 members

appointed by the Lieutenant Governor in Council.

Remuneration

(2) The

members are entitled to be paid remuneration and reimbursement for reasonable

expenses as determined by the Lieutenant Governor in Council.

Chair

and vice-chairs

(3) The

Lieutenant Governor in Council shall designate one of the members as the chair

and may designate one or more members as vice-chairs.

Acting

chair

(4) If

the chair is absent or unable to act, or if the office of the chair is vacant,

a vice-chair shall act as the chair.

Same

(5) If

the chair and vice-chairs are absent, the members present shall appoint an

acting chair from among themselves.

Quorum

(6) A

majority of the members constitutes a quorum of the board.

Powers

and duties of the board

(1) The

board of directors of the Commission shall manage and supervise the activities

and affairs of the Commission.

By-laws

(2) The

board may make by-laws regulating its proceedings and generally for the conduct

and management of the affairs of the Commission.

Guidelines

(3) The

board may establish guidelines governing the exercise of any of the powers and

the performance of any duties under this Act or the administration of this Act

and any of the alcohol, cannabis, gaming and horse racing statutes.

Delegation

(4) The

board may delegate in writing any of its powers and duties to one or more

officers or employees of the Commission other than the power to,

(

a) make,

amend or repeal by-laws of the Commission;

(

b) establish

fees and charges under

section 13; and

(

c) establish

a

schedule of monetary penalties under

section 14.

Conditions

(5) A

delegation made under subsection (4) is subject to any conditions set out in

the delegation.

Duty

to inform Minister

(6) The

board shall,

(

a) inform

the Minister of any matters that are of an urgent, critical or relevant nature

and that are likely to require action by the Commission or the Minister to

ensure that the Commission is able to properly carry out its objects and advise

the Minister with respect to such matters; and

(

b) advise

or report to the Minister on any matter that the Minister may refer to the

Commission relating to this Act or to the administration of any of the alcohol,

cannabis, gaming and horse racing statutes.

Information

(7) The

board may require that any information related to the administration of this

Act or of any of the alcohol, cannabis, gaming and horse racing statutes be

provided in a manner approved by the board.

Registrar,

Employees, etc.

Registrar

(1) The

board of directors of the Commission shall appoint a Registrar for the purposes

of this Act, the alcohol, cannabis, gaming and horse racing statutes and any

regulations made under them.

Deputy

Registrars

(2) The

Registrar may appoint one or more Deputy Registrars and may delegate his or her

powers or duties to them, subject to any conditions set out in the delegation.

Transition

(3) The

person who is the Registrar for the purposes of the Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996

immediately before this

section comes into force is deemed to have been

appointed by the board as the Registrar under subsection (1).

Registrar’s

certificate

(1) The

Registrar may issue a certificate that contains information concerning any of

the following matters with respect to this Act or any of the alcohol, cannabis,

gaming and horse racing statutes:

1. The

issuance or non-issuance of a licence, permit, authorization or endorsement.

2. The

registration or non-registration of any person.

3. The

filing or non-filing of any document or material required to be filed with the

Commission.

4. The

time when the facts upon which a proceeding is based first came to the

knowledge of the Registrar.

5. Any

other matter pertaining to any licence, permit, authorization, registration or

endorsement under the alcohol, cannabis, gaming and horse racing statutes or to

the filing or non-filing of any document under those Acts.

Admissibility

of certificate

(2) The

certificate is, without proof of the office or signature of the Registrar,

receivable in evidence in any proceeding as proof, in the absence of evidence

to the contrary, of the facts stated in the certificate.

Employees

(1) The

Commission may appoint such employees as is it determines are necessary for the

proper conduct of its affairs.

Same

(2) Subject

to the approval of the Lieutenant Governor in Council, the board of directors

of the Commission shall establish job categories, salary ranges and terms and

conditions of employment for its employees.

Immunity

of employees and others

(1) No

cause of action arises against,

(

a) a

director, officer or employee of the Commission as a result of any act done in

good faith in the performance or intended performance of their duties under

this Act or any of the alcohol, cannabis, gaming and horse racing statutes or

any alleged neglect or default in the performance in good faith of those

duties; or

(

b) the

Crown, a minister of the Crown, or an employee of the Crown as a result of any

act or omission of a person who is not a minister of the Crown or a Crown

employee, if the act or omission is related, directly or indirectly, to the

Commission’s affairs or to the administration of this Act or any of the

alcohol, cannabis, gaming and horse racing statutes.

proceeding

(2) No

proceeding shall be instituted against,

(

a) a

director, officer or employee of the Commission by a person who has suffered

any damages, injury or other loss based on or related to any cause of action

described in clause (1) (a); or

(

b) the

Crown, a minister of the Crown or an employee of the Crown by a person who has

suffered any damages, injury or other loss based on or related to any cause of

action described in clause (1) (b).

Same

(3) Subsections

(1) and (2) do not relieve the Commission of any liability to which it would

otherwise be subject.

Financial

Matters and Monetary Penalties

Funding

Money

required for the purpose of this Act shall be paid out of the money

appropriated for that purpose by the Legislature.

Certain

financial powers and duties

(1) Subject

to the approval of Treasury Board, the Commission may direct the Ontario

Lottery and Gaming Corporation to pay to the Commission such money as it

directs, and that money may be used for the purposes of the Commission.

Monetary

penalties received

(2) If

the Commission receives money from monetary penalties imposed with respect to

contraventions of any of the alcohol, cannabis, gaming and horse racing

statutes, the money may only be used for the following purposes:

1. Public

awareness, education and training programs for the general public in relation

to alcohol, cannabis, gaming and horse racing.

2. Education

and training programs for licence holders, permit holders, authorization

holders, registrants and other persons governed by the alcohol, cannabis,

gaming and horse racing statutes.

Fees

and charges

(1) The

board of directors of the Commission may,

(

a) establish

fees or other charges, subject to the approval of the Minister;

(

b) provide

for the waiver of fees and charges; and

(

c) provide

for refunds for the purposes of this Act and the administration of any of the

alcohol, cannabis, gaming and horse racing statutes or any regulations made

under them.

Not

regulations

(2) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to any document created under subsection (1) governing fees or

charges.

Publication

(3) The

Registrar shall publish any document establishing fees or charges on the

Commission’s website or by any other method that may be prescribed.

Monetary

penalties

Definition

(1) In

this section,

“Tribunal”

means the Licence Appeal Tribunal established under the Licence

Appeal Tribunal Act, 1999 .

Schedule

of monetary penalties

(2) Subject

to the approval of the Minister, the board of directors of the Commission may

establish a

schedule of monetary penalties that may be imposed with respect to

contraventions of any of the alcohol, cannabis, gaming and horse racing

statutes or any regulations made under them.

Not

regulations

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to the

schedule of monetary penalties.

Publication

(4) The

Registrar shall publish the

schedule of monetary penalties on the Commission’s

website or by any other method that may be prescribed.

Registrar’s

power to impose penalties

(5) The

Registrar may impose monetary penalties set out in the

schedule of monetary

penalties by serving notice of the monetary penalty.

Guidelines

to be considered

(6) In

determining whether to impose a monetary penalty, the Registrar shall have

regard to any guidelines governing the imposition of such penalties established

by the board under subsection 6 (3).

Appeal

(7) Subject

to subsection (8), a person on whom a monetary penalty is imposed may appeal to

the Tribunal by serving a written request on the Tribunal and the Registrar

within 15 days after the Registrar serves notice of the monetary penalty.

appeal re rules of racing

(8) The

Registrar’s decision to impose a monetary penalty for contravening the rules of

racing made under the Horse Racing Licence Act, 2015

may not be appealed to the Tribunal.

Procedure

on appeal

(9) A

hearing before the Tribunal shall be held in accordance with the Licence Appeal Tribunal Act, 1999 .

Powers

of Tribunal on hearing

(10) Upon

holding a hearing, the Tribunal may confirm the monetary penalty or set it

aside.

Decision

final

(11) A

decision of the Tribunal under subsection (10) is final.

Annual

report

(1) The

Commission shall prepare an annual report, provide it to the Minister and make

it available to the public.

Same

(2) The

Commission shall comply with such directives as may be issued by the Management

Board of Cabinet with respect to,

(

a) the

form and content of the annual report;

(

b) when

to provide it to the Minister; and

(

c) when

and how to make it available to the public.

Same

(3) The

Commission shall include such additional content in the annual report as the

Minister may require.

Tabling

of annual report

(4) The

Minister shall table the Commission’s annual report in the Assembly and shall

comply with such directives as may be issued by the Management Board of Cabinet

with respect to when to table it.

Regulations

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) respecting

anything that this Act refers to as provided for in the regulations;

(

b) respecting

any matter necessary to facilitate the implementation of this Act.

Amendment

to this Act, Repeal, and Revocations

Amendment

to this Act

Subsections 2 (4) and (5) of this Act are amended by striking out “ Corporations Act ” and substituting “ Not-for-Profit

Corporations Act, 2010 ”.

Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996

Part I of the Alcohol, Cannabis and Gaming Regulation and

Public Protection Act, 1996 is repealed.

Revocations

The following regulations made under the Alcohol, Cannabis

and Gaming Regulation and Public Protection Act, 1996 are revoked:

1. Ontario

Regulation 469/18 (Monetary Penalties: Prescribed Legislation).

2. Ontario

Regulation 141/01 (Assignment of Powers and Duties).

Consequential

Amendments

Cannabis

Licence Act, 2018

(1) The definition of “Commission” in subsection 1 (1) of the Cannabis Licence Act, 2018 is amended by striking out

“established under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ” and substituting “continued

under the Alcohol and Gaming Commission of Ontario Act,

2019 ”.

(2) The

definition of “Registrar” in subsection 1 (1) of the Act is amended by striking

out “ Alcohol, Cannabis and Gaming Regulation and Public

Protection Act, 1996 ” and substituting “ Alcohol and

Gaming Commission of Ontario Act, 2019 ”.

(3) Subsection

46 (1) of the Act is amended by striking out “section 7 of the Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 ” and substituting “section 9 of the Alcohol

and Gaming Commission of Ontario Act, 2019 ”.

Gaming

Control Act, 1992

(1) The definition of “Board” in subsection 1 (1) of the Gaming Control Act, 1992 is amended by striking out

“established under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ” and substituting “continued

under the Alcohol and Gaming Commission of Ontario Act,

2019 ”.

(2) The

definition of “Registrar” in subsection 1 (1) of the Act is amended by striking

out “ Alcohol, Cannabis and Gaming Regulation and Public

Protection Act, 1996 ” and substituting “ Alcohol and

Gaming Commission of Ontario Act, 2019 ”.

Horse

Racing Licence Act, 2015

(1) The

definitions of “Board” and “Commission” in

section 1 of the Horse Racing Licence Act, 2015 are amended by striking

out “established under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ” wherever it appears and

substituting in each case “continued under the Alcohol and

Gaming Commission of Ontario Act, 2019 ”.

(2) The

definition of “Registrar” in

section 1 of the Act is amended by striking out “ Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 ” and substituting “ Alcohol and Gaming

Commission of Ontario Act, 2019 ”.

Licence

Appeal Tribunal Act, 1999

(1) Subsection 5.1 (1) of the Licence Appeal

Tribunal Act, 1999 is amended by striking out “under

section 14.1 of the

Alcohol, Cannabis and Gaming Regulation and Public

Protection Act, 1996 ” and substituting “under

section 14 of the Alcohol and Gaming Commission of Ontario Act, 2019 ”.

(2) Subsection

5.1 (2) of the Act is amended by striking out “ Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996 ” and

substituting “ Alcohol and Gaming Commission of Ontario

Act, 2019 ”.

(3) Subsection

11 (4) of the Act is amended by striking out “ Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996 ” and

substituting “ Alcohol and Gaming Commission of Ontario

Act, 2019 ”.

Ontario

Lottery and Gaming Corporation Act, 1999

Paragraph 4 of subsection 14 (1) of the Ontario Lottery

and Gaming Corporation Act, 1999 is amended by striking out “under

subsection 8 (2) of the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ” at the end and substituting

“under subsection 12 (1) of the Alcohol and Gaming

Commission of Ontario Act, 2019 ”.

Commencement

and

Short Title

Commencement

The Act set out in this

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short

title

The

short title of the Act set out in this

Schedule is the Alcohol and Gaming Commission of Ontario Act, 2019 .

SCHEDULE 2

ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC

PROTECTION ACT, 1996

The

short title of the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 is repealed and the following

substituted:

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

substituting in each case “this Act”.

Act is amended by striking out “Board” wherever it appears and substituting in

each case “LCBO”.

(

a) striking

out “wine coolers” wherever it appears and substituting in each case “wine

cooler”;

(

b) striking

out “a wine cooler” wherever it appears and substituting in each case “wine

cooler”; and

(

c) striking

out “an Ontario wine cooler” wherever it appears and substituting in each case

“Ontario wine cooler”.

(1) The definition of “agency store” in subsection 17 (1) of the Act

is repealed and the following substituted:

“agency

store” means a retail store operated by an agent of the LCBO pursuant to

paragraph 1 of

section 3 of the Liquor Control Board of

Ontario Act, 2019 ; (“magasin-agence”)

(2) Subsection

17 (1) of the Act is amended by adding the following definition:

“adjustment

date” means a date in a year prescribed for the purposes of

section 26; (“date

de rajustement”)

(3) The

definition of “annual adjustment date” in subsection 17 (1) of the Act is

repealed.

(4) The

definition of “authorized beer manufacturer” in subsection 17 (1) of the Act is

repealed.

(5) The

definition of “authorized grocery store” in subsection 17 (1) of the Act is

amended by striking out “authorized under clause 3 (1) (e.1) of the Liquor Control Act ” and substituting “licensed under the Liquor Licence and Control Act, 2019 ”.

(6) The

definition of “beer” in subsection 17 (1) of the Act is amended by striking out

“ Liquor Licence Act ” and substituting “ Liquor Licence and Control Act, 2019 ”.

(7) The

definition of “beer manufacturer” in subsection 17 (1) of the Act is amended by

striking out “or” at the end of clause (b), by adding “or” at the end of

subclause (c) (ii) and by adding the following clause:

(

d) a

person who makes beer in a province or territory of Canada other than Ontario

and who, for the purpose of selling the beer to purchasers in Ontario, ships

the beer to Ontario in a prescribed manner;

(8) The

definition of “beer manufacturer” in subsection 17 (1) of the Act, as amended

by subsection (7), is repealed and the following substituted:

“beer

manufacturer” means a manufacturer licensed under the Liquor

Licence and Control Act, 2019 to sell its beer to the LCBO or in stores

that it owns and operates; (“fabricant de bière”)

(9) The

definition of “beer vendor” in subsection 17 (1) of the Act is repealed.

(10) The

definition of “Board” in subsection 17 (1) of the Act is repealed.

(11) The

definition of “collector” in subsection 17 (1) of the Act is repealed and the

following substituted:

“collector”

means a licensee that is permitted to sell liquor, an agency store, an operator

of a secondary location of a brew pub or, if it remits taxes to the Minister,

an affiliate of a winery; (“percepteur”)

(12) The

definition of “Commission” in subsection 17 (1) of the Act is amended by

striking out “established under

section 2” and substituting “continued under

the Alcohol and Gaming Commission of Ontario Act, 2019 ”.

(13) The

definition of “distillery retail store” in subsection 17 (1) of the Act is

amended by striking out “authorized under clause 3 (1) (

e) of the Liquor Control Act ” and substituting “licensed under the Liquor Licence and Control Act, 2019 ”.

(14) Clause

(

a) of the definition of “draft beer” in subsection 17 (1) of the Act is

amended by striking out “made by a beer manufacturer”.

(15) The

definition of “increase date” in subsection 17 (1) of the Act is repealed.

(16) Subsection

17 (1) of the Act is amended by adding the following definition:

“LCBO”

means the Liquor Control Board of Ontario continued under the Liquor Control Board of Ontario Act, 2019 ; (“Régie des

alcools”)

(17) The

definition of “licence” in subsection 17 (1) of the Act is repealed and the

following substituted:

“licence”

means a licence issued under the Liquor Licence and

Control Act, 2019 ; (“permis”)

(18) The

definition of “licensee” in subsection 17 (1) of the Act is repealed and the

following substituted:

“licensee”

means a person who holds a licence or who holds a permit issued under the Liquor Licence and Control Act, 2019 ; (“titulaire de

permis”)

(19) The

definition of “liquor” in subsection 17 (1) of the Act is repealed and the

following substituted:

“liquor”

has the same meaning as in the Liquor Licence and Control

Act, 2019 ; (“boisson alcoolisée”)

(20) The

definition of “non-draft beer” in subsection 17 (1) of the Act is amended by

striking out “made by a beer manufacturer”.

(21) The

definition of “Ontario wine” in subsection 17 (1) of the Act is amended by

striking out “ Liquor Licence Act ” and substituting

“ Liquor Licence and Control Act, 2019 ”.

(22) The

French version of the definition of “purchaser” in subsection 17 (1) of the Act

is amended by striking out “boissons alcooliques” wherever it appears and

substituting in each case “boissons alcoolisées”.

(23) The

definition of “spirits” in subsection 17 (1) of the Act is amended by striking

out “ Liquor Licence Act ” and substituting “ Liquor Licence and Control Act, 2019 ”.

(24) The

definition of “spirits manufacturer” in subsection 17 (1) of the Act is amended

by striking out “authorized under the Liquor Control Act to

sell its spirits” and substituting “licensed under the Liquor

Licence and Control Act, 2019 to sell its spirits to the LCBO or”.

(25) The

definition of “wine” in subsection 17 (1) of the Act is amended by striking out

“ Liquor Licence Act ” and substituting “ Liquor Licence and Control Act, 2019 ”.

(26) Clause

(

b) of the definition of “wine boutique” in subsection 17 (1) of the Act is

amended by striking out “authorized under the Liquor

Control Act ” and substituting “licensed under the Liquor

Licence and Control Act, 2019 ”.

(27) The

definition of “winery” in subsection 17 (1) of the Act is repealed and the

following substituted:

“winery”

means a manufacturer licensed under the Liquor Licence and

Control Act, 2019 to sell wine or wine cooler to the LCBO or in stores

that it owns and operates; (“établissement vinicole”)

(28) The

definition of “winery retail store” in subsection 17 (1) of the Act is repealed

and the following substituted:

“winery

retail store” means a store in Ontario owned and operated by a winery from

which the winery is licensed under the Liquor Licence and

Control Act, 2019 to sell wine and wine cooler to purchasers; (“magasin

de détail d’établissement vinicole”)

(29) Subsection

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

Persons

deemed to be purchasers

(2) If

a collector distributes liquor in Ontario without charge or purchases liquor

that is not sold to another person, the collector is deemed to be a purchaser

that is liable to pay tax under this Act in respect of the liquor that is

distributed without charge or purchased and not sold.

(30) The

French version of subsection 17 (3) of the Act is amended by striking out

“boissons alcooliques” in the portion before clause (

a) and substituting

“boissons alcoolisées”.

(31) Clause

17 (3) (

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

(

a) if

the purchase is by or from the LCBO or if the liquor was, at any time,

purchased from the LCBO;

(32) Clause

17 (3) (

c) of the Act is amended by striking out “ Liquor

Licence Act ” at the end and substituting “ Liquor

Licence and Control Act, 2019 ”.

(33) The

French version of clause 17 (3) (

d) of the Act is amended by striking out

“boissons alcooliques” in the portion before subclause (

i) and substituting

“boissons alcoolisées”.

(34) Subclause

17 (3) (d) (ii) of the Act is repealed and the following substituted:

(ii) is

from a collector located on the reserve, and

(35) Clause

17 (3) (

f) of the Act is repealed.

(36) The

French version of clause 17 (3) (

g) of the Act is amended by striking out

“boissons alcooliques” and substituting “boissons alcoolisées”.

The French version of

section 18 of the Act is amended by striking out

“boissons alcooliques” and substituting “boissons alcoolisées”.

(1) Subsections 18.1 (1) and (3) of the Act are amended by striking

out “a sales year that begins on or after March 1, 2011” at the end and

substituting “a sales year”.

(2) Subsection

18.1 (5) of the Act is amended by striking out “a 12-month period that begins

on July 1, 2010 or on a subsequent July 1” and substituting “any 12-month

period that begins on July 1”.

(3) Subsection

18.1 (5.1) of the Act is amended by striking out “a 12-month period that begins

on July 1 in a year” at the end and substituting “any 12-month period that

begins on July 1”.

Section 20 of the Act is repealed.

(1) Subsection 21 (1) of the Act is amended by striking out

“manufactured by a beer manufacturer”.

(2) Subsection

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

Basic

tax rate

(2) The

basic tax rate for the purposes of subsection (1) is,

(a) 72.45

cents per litre for draft beer or, if that rate has been adjusted under

section

26, the rate most recently calculated under that section; or

(b) 89.74

cents per litre for non-draft beer or, if that rate has been adjusted under

section 26, the rate most recently calculated under that section.

(3) Subsection

21 (3) of the Act is repealed.

(4) Subsection

21 (4) of the Act is amended by striking out “subsections (1), (2) and (3)” and

substituting “subsections (1) and (2)” and by striking out “increase date”

wherever it appears and substituting in each case “adjustment date”.

(5) Subsection

21 (4) of the Act is amended by striking out “beer vendor” and substituting

“collector”.

(1) Section 22 of the Act is amended by adding the following

subsection:

Exception,

beer made by microbrewer

Definition

(0.1) In

this section,

“brewer”

means any person that manufactures beer.

(2) Subsection

22 (1) of the Act is amended by striking out “per litre” in the portion before

paragraph 1.

(3) Paragraphs

1 and 2 of subsection 22 (1) of the Act are repealed and the following

substituted:

1. For

draft beer, the rate determined by subtracting 36.49 cents from the basic tax

rate per litre for draft beer under

section 21 that is in effect at the time of

the purchase.

2. For

non-draft beer, the rate determined by subtracting 49.99 cents from the basic

tax rate per litre for non-draft beer under

section 21 that is in effect at the

time of the purchase.

(4) Subsections

22 (1) to (3.2) of the Act are amended by striking out “beer manufacturer”

wherever it appears and substituting in each case “brewer”.

(5) The

striking out “beer manufacturer’s” and substituting “brewer’s”.

(6) Subsection

22 (3.3) of the Act is repealed.

(7) Subsection

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

Worldwide

beer production

(4) The

following shall be included in determining the amount of a brewer’s worldwide

production of beer for a particular production year for the purposes of this

section:

1. All

beer manufactured during the production year by the brewer, including beer that

is manufactured under contract for another brewer.

2. All

beer manufactured during the production year by an affiliate of the brewer,

including beer manufactured by the affiliate under contract for another brewer.

3. All

beer manufactured during the production year by another brewer under contract

for the brewer or for an affiliate of the brewer.

(8) Subsection

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

List

of microbrewers

(6) The

Minister shall compile annually and make available to the public for each sales

year a list containing,

(

a) the

names of microbrewers that sell beer in Ontario that is subject to tax under

this Act for the sales year; and

(

b) the

names of the brands of beer they manufacture.

Section 23 of the Act is amended by striking out “manufactured by a beer

manufacturer”.

Section 24 of the Act is amended by striking out “manufactured by a beer

manufacturer”.

(1) Subsection 25 (1) of the Act is repealed and the following

substituted:

Beer

made at brew pub

(1) Despite

section 21, a purchaser of draft beer that was made at a brew pub in Ontario by

the holder of the licence with a brew pub endorsement for that brew pub shall

pay the basic tax referred to in subsection (2) in respect of the purchase if

the beer is purchased at the brew pub or at a secondary location related to the

brew pub.

(2) Subsection

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

Basic

tax rate

(2) The

basic tax rate for the purposes of subsection (1) is 33.41 cents per litre or,

if that rate has been adjusted under

section 26, the rate most recently

determined under that section.

(3) Subsection

25 (4) of the Act is amended by striking out “increase date” wherever it

appears and substituting in each case “adjustment date”.

(1) Subsection 26 (1) of the Act is repealed and the following

substituted:

Adjustment

to basic tax rate

(1) The

Minister may, by regulation, prescribe a date in a year as of which the basic

tax rates for the purposes of sections 21 and 25 shall be adjusted in

accordance with this section.

(2) Subsections

26 (1.1) and (1.2) of the Act are repealed.

(3) Subsection

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

Calculation

of basic tax rates

(2) The

basic tax rates, expressed in cents per litre, effective as of the date

prescribed by the Minister under subsection (1) shall be calculated using the

formula,

+ (A ×

B) which,

“A” is

the basic tax rate in effect immediately before the date prescribed by the

Minister, and

“B” is

the index factor calculated under subsection (2.1).

(4) Subsection

26 (3) of the Act is amended by striking out “an annual adjustment date” and

substituting “the date prescribed by the Minister under subsection (1)”.

(1) Section 27 of the Act is amended by striking out “January 1,

2020” wherever it appears and substituting in each case “June 1, 2020”.

(2) Subsection 27 (1.1) of the Act

is amended by,

(

a) striking

out “on or after January 1, 2017” in the portion before paragraph 1;

(

b) repealing

paragraphs 1 and 2; and

(

c) striking

out “on or after April 1, 2018 and” in paragraph 3.

(3) Subsection

27 (2) of the Act is amended by,

(

a) repealing

paragraphs 1 to 3; and

(

b) striking

out “on or after April 1, 2018 and” in paragraph 4.

(4) Subsection

27 (2.1) of the Act is amended by,

(

a) striking

out “on or after January 1, 2017” in the portion before paragraph 1;

(

b) repealing

paragraphs 1 and 2; and

(

c) striking

out “on or after April 1, 2018 and” in paragraph 3.

(5) Subsection

27 (2.2) of the Act is repealed.

(6) Paragraphs

1 and 2 of subsection 27 (3) of the Act are repealed and the following

substituting:

1. Determine

the amount charged to the purchaser.

2. Subtract

the amount of any deposit on the container containing the wine or wine cooler

that is required to be collected or remitted under any deposit return program

established under the Liquor Licence and Control Act, 2019 .

Paragraphs 1 and 2 of subsection 29.1 (2) of the Act are repealed and the

following substituted:

1. Determine

the amount charged to the purchaser.

2. Subtract

the amount of any deposit on the container containing the spirits that is

required to be collected or remitted under any deposit return program

established under the Liquor Licence and Control Act, 2019 .

spirits cooler” wherever it appears and substituting in each case “spirits

cooler”.

(1) Section 30 of the Act is amended by striking out “increase date”

wherever it appears and substituting in each case “adjustment date”.

(2) Section

30 of the Act, as amended by subsection (1), is repealed and the following

substituted:

Tax

collection and remittance

Collection

(1) Every

collector that sells or delivers liquor to a purchaser in Ontario shall, as

agent of the Minister, collect at the time of the sale or delivery all taxes

imposed under this Act on the purchaser in respect of the purchase of the

liquor.

Same

(2) Every

collector shall, on the sale or delivery of liquor to another collector,

collect from that collector at the time of the sale or delivery, as agent of

the Minster, an amount on account of all taxes imposed under this Act on a

purchaser in respect of the purchase of the liquor.

Remittance

by collector

(3) Every

collector that purchases or receives delivery of liquor from another collector

shall pay to that collector an amount on account of all taxes imposed under

this Act on a purchaser in respect of the purchase of the liquor.

Remittance

by manufacturer, etc.

(4) Every

beer manufacturer, winery or spirits manufacturer that collects taxes or

amounts on account of taxes as required under this

section shall remit all

amounts collected to the Minister in accordance with the regulations.

Remittance

by manufacturer on delivery of beer to retail store

(5) If

a beer manufacturer delivers beer to its own retail store, the beer

manufacturer shall remit an amount on account of tax to the Minister in

accordance with the regulations as though the amount had been collected from

another collector under subsection (2), and the beer manufacturer is deemed to

have collected the amount on account of tax on the day of the delivery.

Remittance

through affiliate

(6) Despite

subsection (4), a winery that is a corporation may remit the taxes or amounts

on account of taxes to a corporation that is an affiliate of the winery, and

the affiliate shall,

(

a) collect

the taxes or amounts on account of taxes as agent for the Minister; and

(

b) remit

the taxes or amounts on account of taxes to the Minister in accordance with the

regulations.

Remittance

by licensee of brew pub

(7) Every

licensee of a brew pub shall remit to the Minister in accordance with the

regulations all taxes collected under subsection (1) in respect of the purchase

of draft beer brewed at the brew pub and all amounts collected as required

under subsection (2) from an operator of a place that is a secondary location

related to the brew pub in respect of draft beer made at the brew pub.

Collection

and remittance after change in beer tax rate

(8) The

following rule applies if a collector receives delivery of beer before an

adjustment date or is otherwise liable to pay tax at the rate in effect

immediately before an adjustment date and then sells or delivers the beer to a

purchaser or another collector on or after the adjustment date:

1. Despite

subsections (1), (2) and (3), the collector and any subsequent collector who

receives delivery of the beer shall collect or pay taxes or amounts on account

of taxes in respect of that beer as if the taxes were being imposed on the

purchaser immediately before the adjustment date.

Same,

beer manufacturer

(9) The

following rule applies if beer is available for sale before an adjustment date

at a store owned and operated by a beer manufacturer and then the beer is sold

or delivered to a purchaser on or after the adjustment date:

1. Despite

subsection (1), the taxes to be collected by the beer manufacturer in respect

of the beer shall be determined as if the beer were sold or delivered to the

purchaser immediately before the adjustment date.

Same,

licensee of brew pub

(10) The

following rules apply if draft beer is made at a brew pub before an adjustment

date and then the licensee of the brew pub sells or delivers the draft beer to

a purchaser on or after the adjustment date or sells or delivers the draft beer

on or after the adjustment date to an operator of a place that is a secondary

location related to the brew pub:

1. Despite

subsection (1), the taxes to be collected by the licensee of the brew pub in

respect of the draft beer sold or delivered to a purchaser shall be determined

as if the draft beer were sold to the purchaser immediately before the

adjustment date.

2. Despite

subsections (2) and (3), the amount to be collected by the licensee of the brew

pub from the operator of the secondary location on account of taxes imposed on

a purchaser in respect of the purchase of the draft beer shall be determined as

if the draft beer were sold immediately before the adjustment date.

Same,

operator of secondary location

(11) The

following rule applies if draft beer is made at a brew pub before an adjustment

date and then an operator of a place that is a secondary location related to

the brew pub sells or delivers the draft beer to a purchaser on or after the

adjustment date:

1. Despite

subsection (1), the taxes to be collected by the operator of the secondary

location in respect of the draft beer shall be determined as if the draft beer

were sold or delivered to the purchaser immediately before the adjustment date.

Sections 30.1, 30.2 and 31 of the Act are repealed.

Section 31.1 of the Act is amended by striking out “in lieu of” in the portion

before paragraph 1 and substituting “on account of”.

Section 35 of the Act is amended by striking out “beer, wine or wine cooler”

and substituting “liquor”.

Subsection 38 (3) of the Act is amended by striking out “draft beer, non-draft

beer, wine and wine coolers” and substituting “liquor”.

Subsections 47 (1) and (2) of the Act are repealed and the following

substituted:

Refund

to collector, sale on reserve

(1) A

collector who sells liquor to a purchaser who is exempt from the payment of tax

imposed by this Act may apply to the Minister through the manufacturer that

manufactured the liquor for a refund of the amount paid by the collector to the

manufacturer on account of taxes paid under this Act in respect of the liquor.

Same

(2) If

the Minister considers it appropriate to do so, the Minister may require a

collector referred to in subsection (1) to apply directly to the Minister for

refunds described in that subsection and, upon notification by the Minister to

the collector and the manufacturer, no further refunds shall be made through

the manufacturer.

The French version of subsection 50 (3) of the Act is amended by striking out

“cette partie” and substituting “la présente loi”.

The Act is amended by adding the following section:

Information

required to administer this Act

62.1 A person employed by

the Government of Ontario, the LCBO or the Commission may communicate, or allow

to be communicated, to an official or authorized person employed by the

Government of Ontario, the LCBO or the Commission any information that is not

governed by

section 62 and that is required for the administration or

enforcement of this Act.

Section 64 of the Act is repealed.

(1) The French version of subsection 65 (1) of the Act is amended by

striking out “boissons alcooliques” wherever it appears and substituting in

each case “boissons alcoolisées”.

(2) Subsection

65 (2) of the Act is amended by striking out “Beer vendors, wineries,

authorized grocery stores and spirits manufacturers” at the beginning and

substituting “Collectors”.

Sections 66 to 69 and

section 72 of the Act are repealed.

Business

Corporations Act

Paragraph 0.1 of subsection 241 (1) of the Business

Corporations Act is repealed and the following substituted:

0.1 Liquor Tax Act, 1996 .

Ministry

of Revenue Act

Paragraph 1 of subsection 11.6 (1) of the Ministry of

Revenue Act is repealed and the following substituted:

1. The

Liquor Tax Act, 1996 .

Retail

Sales Tax Act

Paragraph 1 of subsection 6 (3) of the Retail Sales Tax

Act is repealed and the following substituted:

1. Liquor Tax Act, 1996 .

Taxation

Act, 2007

Sections 104.13 to 104.15 of the Taxation Act, 2007

are amended by striking out “ Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ” wherever it appears and

substituting in each case “ Liquor Tax Act, 1996 ”.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on day

to be named by proclamation of the Lieutenant Governor.

(2) Subsections

5 (2), (3), (7) and (15), 9 (2), (3) and (4), 10 (2) and (3) and 13 (2) and

(3),

section 14, subsections 15 (1) and 18 (1) and this

section come into force

on the day the Plan to Build Ontario Together Act, 2019

receives Royal Assent.

SCHEDULE 3

Cannabis Control ACT, 2017

Subsection 20 (1) of the Cannabis Control Act, 2017

is amended by adding “instead of commencing a proceeding under the Provincial Offences Act ” at the end.

Subsection 23 (7) of the Act is repealed and the following substituted:

Youth

education, prevention program participation

(7) If

an individual is convicted of an offence under

section 10, the court may suspend

the passing of sentence and, as a condition in a probation order, direct that

the individual participate in one or more approved youth education or

prevention programs, subject to any conditions or restrictions the court may

specify.

Same

(8) A

condition imposed in a probation order under subsection (7) is in addition to

any other condition the court may impose in a probation order under the Provincial Offences Act .

Commencement

This

Schedule comes into force on the day the Plan to

Build Ontario Together Act, 2019 receives Royal Assent.

SCHEDULE 4

Cannabis Licence ACT, 2018

Subsection 4 (4) of the Cannabis Licence Act, 2018

is repealed and the following substituted:

Restriction,

producers

(4) A

person who is the holder of a prescribed licence issued under the Cannabis Act (Canada) to produce cannabis for commercial

purposes or, if no licence or licences are prescribed, a person who is the

holder of any such licence, is subject to the following restrictions in respect

of an application that may be made by the person under subsection (1):

1. Except

as otherwise provided by the regulations, the proposed cannabis retail store

must be located on or within the site set out in the licence.

2. The

person and its affiliates, as defined by the regulations, may not between them

hold more than one retail store authorization or such other number of retail

store authorizations as may be prescribed.

3. Any

other restriction that may be prescribed.

Sections 20 and 21 of the Act are repealed and the following substituted:

In-store

distribution only

(1) The

holder of a retail store authorization shall ensure that cannabis purchased

from the cannabis retail store is distributed only in person, to the individual

who purchased the cannabis, at the cannabis retail store.

Same

(2) Subsection

(1) applies regardless of whether or not the cannabis was purchased from the

cannabis retail store in person at the store.

Limits

on amount of cannabis sold, distributed

(1) In

this section,

“maximum

permissible cannabis amount” means 30 grams of dried cannabis or the equivalent

amount of another class of cannabis determined in accordance with

Schedule 3 to

the Cannabis Act (Canada), or such other amount as

may be prescribed.

Limit

on amount sold in person at cannabis retail store

(2) The

holder of a retail store authorization shall ensure that the amount of cannabis

sold to an individual in person at the cannabis retail store in a single visit,

whether in single or multiple transactions, does not exceed the maximum permissible

cannabis amount.

Limit

on amount sold, online or telephone sales

(3) The

holder of a retail store authorization shall ensure that the amount of cannabis

sold to an individual by the cannabis retail store in a single transaction

online or over the telephone does not exceed the maximum permissible cannabis

amount.

Limit

on distribution

(4) The

holder of a retail store authorization shall ensure that the amount of cannabis

distributed to an individual in the cannabis retail store in a single visit does

not exceed the maximum permissible cannabis amount.

(1) Subsection 26 (1) of the Act is amended by striking out “Subject

to subsection (2), the Registrar” at the beginning and substituting “The

Registrar”.

(2) Subsection

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

Conflict

(2) In

the event of a conflict or inconsistency, the regulations prevail over the

standards and requirements established under subsection (1) to the extent of

the conflict or inconsistency.

(3) Subsection

26 (6) of the Act is amended by striking out “Every holder” at the beginning

and substituting “Subject to subsection (2), every holder”.

Subsection 49 (1) of the Act is amended by adding the following clause:

(d.1) for

the purposes of subsection 4 (4),

(

i) specifying

licences or classes of licences,

(ii) providing

that proposed cannabis retail stores may be located on or within sites or

locations other than the site set out in the licence, as specified by the

regulations, for the purposes of paragraph 1 of that subsection,

(iii) specifying

a different number of retail store authorizations, and defining “affiliate”,

for the purposes of paragraph 2 of that subsection,

(iv) prescribing

additional restrictions for the purposes of paragraph 3 of that subsection;

Cannabis

Control Act, 2017

Section 9 of the Cannabis Control Act, 2017 is

repealed and the following substituted:

Unlawful

purchase

person shall purchase cannabis except,

(

a) from

the Ontario Cannabis Retail Corporation; or

(

b) from

any other authorized cannabis retailer,

(

i) in

person at the retailer’s cannabis retail store, as defined in the Cannabis Licence Act, 2018 , or

(ii) online

or over the telephone.

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 of Corporation

Sale

of cannabis

(1) The

Corporation has the exclusive right in Ontario to sell cannabis,

(

a) online

and by any means other than by operating retail stores directly or indirectly;

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.

Exceptions

(2) Subsection

(1) does not apply with respect to the sale of cannabis,

(

a) for

medical purposes in accordance with

Part 14 of the Cannabis

Regulations (Canada) or in accordance with a court order;

(

b) to

the Corporation in accordance with the Cannabis Act

(Canada); or

(

c) by

such persons or entities, or in such circumstances, as may be prescribed,

subject to such conditions as may be prescribed.

Same

(3) Clause

(1) (

a) does not apply with respect to the sale of cannabis by the holder of a

retail store authorization under the Cannabis Licence Act,

2018 to an individual online or over the telephone, for distribution to

the individual only in person at the holder’s cannabis retail store.

Definition,

“cannabis retail store”

(4) In

this section,

“cannabis

retail store” has the same meaning as in the Cannabis

Licence Act, 2018 .

Commencement

This

Schedule comes into force on the day the Plan to

Build Ontario Together Act, 2019 receives Royal Assent.

SCHEDULE 5

Child, Youth and Family Services Act, 2017

Subsection 83 (1) of the Child, Youth and Family Services

Act, 2017 is amended by striking out the portion before clause (

a) and

substituting the following:

Bringing

children who are removed from or leave care to place of safety

With

warrant

(1) A

justice of the peace may issue a warrant authorizing a peace officer or a child

protection worker to bring a child to a place of safety if the justice of the

peace is satisfied on the basis of a peace officer’s or a child protection

worker’s sworn information that,

. . . .

Clause 280 (1) (

a) of the Act is amended by striking out “subsection 244 (1)”

and substituting “section 244”.

Clause 315 (11) (

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

(

a) make the requested correction by,

(

i) recording

the correct information in the record and,

(

A) striking out the incorrect

information in a manner that does not obliterate the record, or

(

B) if that is not possible, labelling

the information as incorrect, severing the incorrect information from the

record, storing it separately from the record and maintaining a link in the

record that enables a person to trace the incorrect information, or

(ii) if

it is not possible to make the requested correction in the manner set out in

subclause (i), ensuring that there is a practical system in place to inform a

person who accesses the record that the information in the record is incorrect

and to direct the person to the correct information;

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Plan to Build Ontario Together Act, 2019

receives Royal Assent.

(2) Section

3 comes into force on the later of the day the Plan to

Build Ontario Together Act, 2019 receives Royal Assent and the day

subsection 315 (11) of

Schedule 1 ( Child, Youth and Family

Services Act, 2017 ) to the Supporting Children,

Youth and Families Act, 2017 comes into force.

SCHEDULE 6

City of Toronto Act, 2006

Subsection 291 (2) of the City of Toronto Act, 2006

is amended by adding the following paragraph:

2.1 If

there is a change to the permitted uses of the land in the year that would

result in the assessment made under

section 36 of the Assessment

Act for the taxation year differing from the assessment made for the

year, recalculate the taxes determined under paragraph 1 as if the change to

the permitted uses of the land had applied for the entire year.

Commencement

This

Schedule comes into force on the day the Plan to

Build Ontario Together Act, 2019 receives Royal Assent.

SCHEDULE 7

Commodity Futures Act

(1) Subsection 12 (1) of the Commodity Futures

Act is amended by striking out the portion before clause (

a) and

substituting the following:

Non-disclosure

(1) Except

in accordance with subsection (1.1) or

section 13, no person or company shall

disclose at any time,

. . . .

(2) Section

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

Exceptions

(1.1) A

disclosure by a person or company is permitted if,

(

a) the

disclosure is to the person’s or company’s counsel; or

(

b) the

disclosure is to the person’s or company’s insurer or insurance broker, and the

person or company, or their counsel,

(

i) gives

written notice of the intended disclosure to a person appointed by the order

under

section 7 at least 10 days before the date of the intended disclosure,

(ii) includes

in that written notice the name and head office address of the insurer or

insurance broker and the name of the individual acting on behalf of the insurer

or insurance broker to whom the disclosure is intended to be made, as

applicable, and

(iii) on

making the disclosure, advises the insurer or insurance broker that the insurer

or insurance broker is bound by the confidentiality requirements in subsection

(2) and obtains a written acknowledgement from the insurer or insurance broker

of this advice.

(3) Subsection

12 (2) of the Act is amended by striking out “section 13” at the end and

substituting “subsection (1.1) or

section 13”.

Subsection 67 (5) of the Act is amended by adding the following clause:

(b.1) the

rule is a rule made under clause 75 (3) (

b) extending a class order exemption;

Section 75 of the Act is repealed and the following substituted:

General

orders

(1) The

Commission shall not make any orders or rulings of general application.

Class

order exemptions

(2) Despite

subsection (1), if the Commission considers that it would not be prejudicial to

the public interest to do so, the Commission may, on application by an

interested person or company or on its own initiative, make an order exempting

a class of persons or companies, contracts, trades or intended trades from any

requirement of Ontario commodity futures law on such terms or conditions as may

be set out in the order.

Duration

of class order exemption

(3) If

an order is made under subsection (2),

(

a) the

order has no effect as of 18 months after the day on which it comes into force

unless extended under clause (b); and

(

b) the

Commission may make a rule in accordance with sections 68 to 71 extending the

order for a further period of up to 18 months.

Public

notice

(4) On

or before the day on which an order described in subsection (2) is effective,

the Commission shall publish a notice in its Bulletin that includes a

description of the order, the reasons for it and the day on which it ceases to

have effect.

Legislation Act, 2006 ,

Part III

(5) Part

III (Regulations) of the Legislation Act, 2006 does

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

Commencement

This

Schedule comes into force on the day the Plan to

Build Ontario Together Act, 2019 receives Royal Assent.

schedule 8

Co-operative Corporations Act

The definition of “Minister” in subsection 1 (1) of the Co-operative

Corporations Act is amended by striking out “Minister of Finance” and

substituting “Minister of Government and Consumer Services”.

Section 5 of the Act is amended by adding the following subsection:

Limit

on non-member business in articles

(2.1) For

greater certainty, the articles of incorporation are not required to set out

the percentage of business that a co-operative is authorized to conduct with

non-members, except if necessary for the purposes of subsection 144 (1).

The Act is amended by striking out “Minister” wherever it appears in the

following provisions and substituting in each case “Chief Executive Officer of

the Financial Services Regulatory Authority of Ontario”:

1. Subsection

34 (1).

2. Clause

34 (2) (b).

3. Subsections

35 (4) and (5).

Section

5. Clause

37 (1) (a).

Section 53 of the Act is repealed.

Paragraph 4 of

section 114 of the Act is amended by adding “and an email

address if one is provided” after “if any”.

Section 123 of the Act is repealed and the following substituted:

Exemption

from audit provisions

(1) A

co-operative that meets the conditions in subsection (2) is exempt, in respect

of a financial year, from sections 124 and 125, subsections 126 (1) and (2),

section 127, clause 128 (1) (

b) and subsection 128 (3) if, before the beginning

of the financial year, one of the following conditions is satisfied:

1. Each

member of the co-operative and each shareholder of the co-operative, if any, or

his or her attorney authorized in writing, consents in writing to the

exemption.

2. The

exemption is authorized by,

i. a

special resolution of the members of the co-operative, and

ii. a

resolution of the co-operative’s shareholders of every class of shares and

every series of shares, if any, passed by the directors of the co-operative and

submitted to a special meeting of the shareholders of every class of shares and

every series of shares duly called for the purpose of considering the

resolution and confirmed, with or without variation, by at least two-thirds of

the votes cast, whether or not such shareholders or series-holders are

otherwise entitled to vote, or such greater proportion of the votes cast as the

articles provide.

Conditions

for exemption

(2) Subsection

(1) only applies to a co-operative that,

(

a) has

never issued securities or, if it has issued securities, it was exempt from the

requirement to file an offering statement under

section 34 in respect of the

securities;

(

b) has

not received a grant or similar financial assistance from the federal

government or a provincial or municipal government or an agency of any such

government that has a condition requiring the co-operative to be audited in the

financial year; and

(

c) satisfies

any prescribed conditions.

Exemption

for certain non-profit housing co-operatives

(3) Subsection

(1) does not apply to a non-profit housing co-operative in respect of a

financial year if, at the end of the preceding financial year, the co-operative

has more than $50,000 in capital or more than $50,000 in assets.

Interpretation

of capital

(4) For

the purposes of subsection (3), a non-profit housing co-operative’s capital is

the sum of the following amounts, as shown on the co-operative’s financial

statements for the preceding financial year:

1. Outstanding

member and patronage loans made to the co-operative.

2. Unsecured

long-term debt.

3. Surplus.

Section 141 of the Act is repealed.

(1) Section 143 of the Act is repealed and the following

substituted:

Affairs

not conducted on a co-operative basis

Where the

Minister is of the opinion that the business and affairs of the co-operative

are not being conducted on a co-operative basis, the Minister may, after giving

the co-operative an opportunity to be heard,

(

a) issue

a certificate of amendment changing the co-operative into a corporation subject

to the provisions of the Business Corporations Act

and, where necessary for the purpose, changing the co-operative into a

corporation with share capital; or

(

b) issue

a certificate of amendment changing the co-operative into a corporation subject

to the provisions of

Part III of the Corporations Act

and, where necessary for the purpose, changing the co-operative into a

corporation without share capital.

(2) Clause

143 (

b) of the Act, as re-enacted by subsection (1), is amended by striking out

“a corporation subject to the provisions of

Part III of the Corporations Act ” and substituting “a corporation subject

to the Not-for-Profit Corporations Act, 2010 ”.

(1) Subsection 144 (1) of the Act is repealed and the following

substituted:

Limit

on non-member business

(1) A

co-operative shall not conduct 50 per cent or more of its business with

non-members of that co-operative unless its articles or by-laws authorize it to

do so.

(2) Paragraph

3 of subsection 144 (8) of the Act is repealed.

Section 144.1 of the Act is repealed and the following substituted:

Membership

requirements for co-operatives for workers

144.1

(1) If a

co-operative’s articles provide that the co-operative’s primary object is to

provide employment to its members, at least 75 per cent of its permanent

full-time employees and 75 per cent of all employees, or such other proportions

of employees as may be prescribed, must be members of the co-operative.

Permanent

full-time employees

(2) For

the purposes of subsection (1), an employee is not a permanent full-time

employee if,

(

a) the

employee is employed for a probationary period of one year or less;

(

b) the

employee is employed under a contract for a term of two years or less; or

(

c) the

employee’s regular hours of work are less than fifteen hours per week.

Subsection 144.2 (1) of the Act is amended by striking out “over a period of

three years or more”.

(1) Subsection 164 (1) of the Act is amended by adding “and” at the

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

e) and by

repealing clause (f).

(2) Subsection

164 (2) of the Act is amended by adding “and” at the end of clause (h), by

striking out “and” at the end of clause (

i) and by repealing clause (j).

Section 171 of the Act is repealed and the following substituted:

Annual

return

On the

day the co-operative sends or is required to send, whichever is earlier, a copy

of its financial statement to its members under subsection 140 (1), the

co-operative shall also file an annual return in a form approved by the

Minister.

Clause 172 (1.1) (

a) of the Act is amended by striking out “125 (1) and 141

(2)” and substituting “and 125 (1)”.

Section 182 of the Act is amended by adding the following subsection:

Reproduction

of signature

(3) For

the purposes of this section, any signature of the Minister or of a public

servant designated by the regulations may be printed or otherwise mechanically

or electronically reproduced.

Clause 184 (1) (

c) of the Act is amended by striking out “144, 144.1”.

Cutting

Unnecessary Red Tape Act, 2017

Subsection 77 (1) of

Schedule 8 to the Cutting Unnecessary

Red Tape Act, 2017 is repealed.

Commencement

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

Schedule comes into

force on the day the Plan to Build Ontario Together Act,

2019 receives Royal Assent.

(2) Section

12 comes into force 90 days after the Plan to Build

Ontario Together Act, 2019 receives Royal Assent.

(3) Sections

1, 3, 7, 8 and 14 come into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 9

Dangerous Goods Transportation Act

The Dangerous Goods Transportation Act is amended

by adding the following section:

Power

to do things electronically

10.1

(1) Anything

that the Minister, the Ministry of Transportation, the Registrar of Motor

Vehicles or an inspector is required or authorized to do or to provide under

this Act may be done or provided by electronic means or in an electronic

format.

Same

(2) Anything

that any person is required or authorized to do or to provide to the Minister,

the Ministry of Transportation, the Registrar of Motor Vehicles or an inspector

under this Act may be done or provided by electronic means or in an electronic

format in

accordance with regulations made under the federal Act.

Section 11 of the Act is amended by adding the following clauses:

(

d) governing

the admissibility of electronic documents in court;

(

e) governing

the circumstances in which the information set out in an electronic document is

deemed to be true, and in which the electronic document or a copy or excerpt of

it shall be received in evidence as proof of the information set out in it.

Commencement

This

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

Lieutenant Governor.

sCHEDULE 10

Development Charges Act, 1997

(1) Paragraphs 1 to 5 of subsection 26.1 (2) of the Development Charges Act, 1997 are repealed and the

following substituted:

1. Rental

housing development that is not non-profit housing development referred to in

paragraph 3.

2. Institutional

development.

3. Non-profit

housing development.

(2) Clause

26.1 (3) (

a) of the Act is amended by striking out “paragraphs 1 to 4” and substituting

“paragraphs 1 and 2”.

(3) Clause

26.1 (3) (

b) of the Act is amended by striking out “paragraph 5” and

substituting “paragraph 3”.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 11

Egyptian Heritage Month Act, 2019

Preamble

The

month of July is an important one for the Egyptian community and every year on

July 23 the Egyptian community celebrates Egypt National Day.

proclaiming the month of July as Egyptian Heritage Month, the Province of

Ontario recognizes the important contributions that Egyptian Canadians have

made and continue to make to the economic, social and cultural fabric of

Ontario. Egyptian Heritage Month is an opportunity to remember, celebrate and

educate future generations about the achievements and contributions of Egyptian

Canadians in the province.

Egyptian

Heritage Month

The

month of July in each year is proclaimed as Egyptian Heritage Month.

Commencement

The Act set out in this

Schedule comes into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal

Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Egyptian Heritage Month Act, 2019 .

SCHEDULE 12

Financial Professionals Title Protection Act, 2019

(1) Subsection 15 (1) of the Financial

Professionals Title Protection Act, 2019 is amended by adding the

following paragraphs:

8. Respecting

transitional matters arising from the enactment of

Schedule 25 to the Protecting What Matters Most Act (Budget Measures), 2019 ,

including the treatment of credentials and other qualifications possessed by

individuals before sections 2, 3, 9 and 10 come into force.

9. Exempting

individuals or classes of individuals from

section 2 or 3 in the circumstances

set out in the rules, subject to such conditions, limitations and restrictions

as may be set out in the rules.

(2) Clauses

15 (2) (

c) and (

e) of the Act are repealed.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 13

Fish and Wildlife Conservation Act, 1997

Section 36 of the Fish and Wildlife Conservation Act, 1997

is amended by adding the following subsection:

Exception

(2.1) Subsections

(1) and (2) do not apply to a person in respect of double-crested cormorant in

the circumstances prescribed by the regulations.

Section 112 of the Act is amended by adding the following paragraph:

27.1 prescribing

the circumstances under which subsection 36 (1) or (2) does not apply to a

person in respect of double crested-cormorant;

Commencement

This

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

Lieutenant Governor.

SCHEDULE 14

Gasoline Tax Act

Subsection 1 (1) of the Gasoline Tax Act is amended

by adding the following definition:

“Northern

Ontario” means the geographic areas named and described in

Schedule 2 to

Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made

under the Territorial Division Act, 2002 as Algoma,

Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury,

Thunder Bay and Timiskaming; (“Nord de l’Ontario”)

(1) Subsection 2 (2) of the Act is repealed and the following

substituted:

Tax

on aviation fuel

(2) Every

purchaser of aviation fuel shall pay to the Minister a tax at the rate of 6.7

cents per litre.

Same

(2.1) Despite

subsection (2), every purchaser of aviation fuel shall pay to the Minister a

tax at the rate of 2.7 cents per litre if,

(

a) the

purchaser takes possession of the purchased fuel in Northern Ontario; and

(

b) the

purchased fuel is transferred into the fuel tank of an aircraft in Northern

Ontario.

Overpayment

(2.2) If

a purchaser of aviation fuel takes possession of the purchased fuel in Ontario

but outside Northern Ontario and the purchased fuel is transferred into the

fuel tank of an aircraft in Northern Ontario, the purchaser is deemed, on the

day the fuel is transferred into the fuel tank of an aircraft in Northern

Ontario, to have made an overpayment of tax under this Act equal to the

difference between the amount of tax the purchaser paid under subsection

(2) and the amount that would have been paid if the rate under that subsection was

2.7 cents per litre.

(2) Subsections

2 (4.1) and (4.2) of the Act are repealed and the following substituted:

Tax

on transfer of aviation fuel into aircraft outside Northern Ontario

(4.1) Every

person shall pay to the Minister a tax at the rate of 6.7 cents per litre on

all aviation fuel that is transferred by the person into a tank of an aircraft

in Ontario but outside of Northern Ontario,

(

a) for

use or consumption by the person;

(

b) for

use or consumption by another person at the expense of the person who

transferred the aviation fuel; or

(

c) on

behalf of or as agent for a principal who is acquiring the aviation fuel for

use or consumption by the principal or by others at the principal’s expense.

Tax

on transfer of aviation fuel into aircraft in Northern Ontario

(4.2) Every

person shall pay to the Minister a tax at the rate of 2.7 cents per litre on

all aviation fuel that is transferred by the person into a tank of an aircraft

in Northern Ontario,

(

a) for

use or consumption by the person;

(

b) for

use or consumption by another person at the expense of the person who transferred

the aviation fuel; or

(

c) on

behalf of or as agent for a principal who is acquiring the aviation fuel for

use or consumption by the principal or by others at the principal’s expense.

Application

of subs. (4.1) and (4.2)

(4.2.1) No

tax is payable under subsection (4.1) or (4.2) if,

(

a) the

person who transfers the aviation fuel is a purchaser of the aviation fuel; or

(

b) the

tax under subsection (2) or (2.1) has been paid by a purchaser of the aviation

fuel.

(3) Subsection

2 (5.1) of the Act is amended by striking out “subsection (4.1)” wherever it

appears and substituting in each case “subsection (4.1) or (4.2)”.

The following provisions of the Act are amended by striking out “subsection 2

(4.1)” wherever it appears and substituting in each case “subsection 2 (4.1) or

(4.2)”:

1. Subsection

11 (6).

2. Clause

16 (1) (c).

3. Subsections

16 (2) and (3).

4. Clauses

23 (1) (

b) and (c).

Subsection 28 (2) of the Act is repealed and the following substituted:

Idem

(2) Where

an amount in respect of an overpayment is refunded or applied on other

liability, interest at such rate as is prescribed by the regulations computed

and compounded daily shall be paid or applied thereon,

(

a) for

the period commencing on the day the overpayment arose and ending with the day

of refunding or application on other liability, in the case of an application

for a refund made to the Minister before January 1, 2020; or

(

b) for

the period commencing on the day the application for a refund is made to the

Minister and ending with the day of refunding or application on other

liability, in the case of an application for a refund made to the Minister

after December 31, 2019.

Same

(2.1) Despite

subsection (2), interest shall not be paid on a refund or applied on other

liability if the amount of the interest is calculated to be less than $5.

Commencement

This

Schedule comes into force on January 1, 2020.

SCHEDULE 15

Health Insurance Act

(1) The

definitions of “business day”, “joint committee”, “payment

committee”, “payment correction list” and “Review Board” in

section 1 of the Health Insurance Act are repealed.

(2) Section

1 of the Act is amended by adding the following

definitions:

“billing

number” means the unique identifying number issued by the General Manager to a

physician, practitioner or health facility that has been granted a billing

number by the General Manager under

section 16.2; (“numéro de facturation”)

“justice”

has the same meaning as in the Provincial Offences Act ;

(“juge”)

“personal

information” means personal information as defined in the Freedom

of Information and Protection of Privacy Act and includes personal

health information as defined in the Personal Health Information

Protection Act, 2004 ; (“renseignements personnels”)

“provincial

offences officer” has the same meaning as in the Provincial

Offences Act ; (“agent des infractions provinciales”)

“reviewer”

means a reviewer provided for under

section 41; (“examinateur”)

Section 2 of the Act is amended by adding the following subsection:

Deemed

terms

(7) The

Lieutenant Governor in Council may make regulations providing for provisions

that shall be deemed to be included in arrangements made under clause (2) (

a) that require reporting of physician payments to individual physicians from

remuneration provided under such arrangements, and which shall be deemed to be

included in arrangements entered into before the regulations were made and

before this subsection came into force.

(1) Subsection 4.1 (3) of the Act is repealed and the following

substituted:

Disclosure

(3) The

Minister and the General Manager shall disclose personal information, subject

to such conditions as may be prescribed, if the disclosure is necessary for

purposes related to the administration of this Act, the Commitment

to the Future of Medicare Act, 2004 or the Independent

Health Facilities Act or for such other purposes as may be prescribed,

but shall not disclose the information if, in the opinion of the Minister or

the General Manager, as the case may be, the disclosure is not necessary for

those purposes.

Same

(3.1) Where

the Minister or General Manager is of the opinion that it is advisable to do

so, the Minister or General Manager shall disclose personal information to a

College within the meaning of the Regulated Health

Professions Act, 1991 for the purpose of the administration of that Act

or

an Act named in

Schedule 1 to that Act.

(2) Subsection

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

“ Independent Health Facilities Act ” and

substituting “ Oversight of Health Facilities and Devices

Act, 2017 ”.

(3) Clause

4.1 (4) (

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

(

a) disclosure

of the names or other identifying information is necessary for the purposes

described in subsection 2 (5), or in subsection (3) or (3.1) of this section;

(1) Sections 5 to 5.4 of the Act are repealed and the following

substituted:

Transitional

The

Physician Payment Review Board, as it existed immediately before the coming

into force of subsection 5 (1) of

Schedule 15 to the Plan

to Build Ontario Together Act, 2019 , continues to exist to the extent

necessary to conclude any matters where a review panel had been constituted and

a hearing was in progress before that

section came into force.

(2) Section

5 of the Act, as re-enacted by subsection (1), is repealed.

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

Transitional

The

Medical Eligibility Committee, as it existed immediately before the coming into

force of subsection 6 (1) of

Schedule 15 to the Plan to Build Ontario Together Act, 2019 , continues

to exist to the extent necessary to conclude any matter that was referred to it

but with respect to which it had not made a recommendation before that

section

came into force.

(2) Section

7 of the Act, as re-enacted by subsection (1), is repealed.

Section 11.1 of the Act is repealed and the following substituted:

Health

card

11.1

(1) The

General Manager shall issue a health card to each insured person.

Non-transferable

(2) A

health card is non-transferable.

Must

be presented

(3) An

insured person shall present their health card upon the request of the

hospital, physician, practitioner or health facility from which the person

receives insured services.

Form

of card

(4) A

health card shall be in the form approved by the Minister.

Property

of Minister

(5) A

health card remains the property of the Minister at all times.

Taking

possession of card

(6) A

prescribed person may take possession of a health card that is surrendered to

the person voluntarily.

Return

to General Manager

(7) On

taking possession of a health card under subsection (6), the person shall

return it to the General Manager as soon as possible.

Protection

from liability

(8) No

proceeding for taking possession of a health card shall be commenced against a

person who does so in accordance with subsection (6).

Fees

(9) The

General Manager may charge a fee provided in the regulations for a replacement

health card, subject to any terms or conditions provided for in the

regulations.

Section 15 of the Act is amended by adding the following subsection:

Billing

number

(4) A

physician may only submit claims for payment to the Plan, or receive payments

from the Plan pursuant to an arrangement under clause 2 (2) (a), and an insured

person may only submit claims for payment to the Plan that have been presented

by a physician, if the physician has been granted a billing number by the

General Manager.

Section 15.1 of the Act is amended by adding the following subsection:

Billing

number

(4.1) A

practitioner may only submit claims for payment to the Plan, or receive

payments from the Plan pursuant to an arrangement under clause 2 (2) (a), if

the practitioner has been granted a billing number by the General Manager.

Paragraph 1 of subsection 15.2 (1) of the Act is repealed and the following

substituted:

1. Sections

15 and 15.1 do not apply to him or her, other than subsection 15 (4).

The Act is amended by adding the following section:

Billing

number — health facilities

15.3 A health facility may

only submit claims for payment to the Plan, or receive payments from the Plan

pursuant to an arrangement under clause 2 (2) (a), if the health facility has

been granted a billing number by the General Manager.

Subsection 16 (5) of the Act is repealed.

The Act is amended by adding the following section:

Billing

numbers

16.2 Subject to an

application process set out in the regulations, if any, the General Manager

shall grant a billing number to a physician, practitioner or health facility.

Subsections 17.1 (1) and (2) of the Act are repealed and the following

substituted:

Fees

payable for insured services

(1) Subject

section 18, a physician or practitioner who has been granted a billing

number and who submits a claim for payment to the General Manager in accordance

with this Act for insured services provided by the physician or practitioner

shall be paid in accordance with this Act and the regulations.

Same

(2) An

insured person who submits a claim for payment to the General Manager in

accordance with this Act for insured services provided by a physician or

practitioner who has been granted a billing number shall be paid in accordance

with this Act and the regulations.

Subsection 17.2 (1) of the Act is repealed and the following substituted:

Fees

payable, health facilities

(1) Subject

to sections 18 and 28, a health facility that has been granted a billing number

and that submits a claim for payment to the General Manager in accordance with

this Act for insured services performed by the facility shall be paid in

accordance with this Act and the regulations.

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

Information

17.3

(1) Every

physician, practitioner, health facility, hospital and independent health

facility shall give the General Manager records or other information, including

personal information, that the General Manager may require,

(

a) for

purposes related to the administration of this Act, the Commitment

to the Future of Medicare Act, 2004 or the Independent

Health Facilities Act ; or

(

b) for

other prescribed purposes.

Same

(2) Such

persons or organizations as may be prescribed shall give the General Manager

such information, including personal information, as may be prescribed and such

information as the General Manager may require for the purpose of administering

this Act.

Form

and time

(3) The

records and other information shall be provided in the form, and within the

time, specified by the General Manager.

Application

(4) This

section applies despite anything in the Regulated Health

Professions Act, 1991 ,

an Act listed in

Schedule 1 to the Regulated Health Professions Act, 1991 , or any

regulations made under those Acts.

Rules

re providing records and information

(5) Where

the General Manager requires a physician, practitioner or health facility that

has been granted a billing number to provide records or other information, the

following rules apply:

1. The

physician, practitioner or facility shall submit copies of the requested

records or other information and, where required by the General Manager, shall

include a signed certificate of authenticity and a signed copy of an audit

trail for electronic records.

2. If

the General Manager is not satisfied with the copies of the requested records

or other information, the General Manager may require the physician,

practitioner or facility to produce the original documents to the General

Manager, and the documents shall be returned to the physician, practitioner or

facility in a timely manner after copies have been made.

3. Where

a physician, practitioner or facility fails to produce the copies or originals

of records or other information required under this section, the General

Manager may, on notice to the physician, practitioner or facility, apply to a

justice or a provincial judge for an order compelling production of the

required records or other information and the justice or provincial judge may

issue the order if they are satisfied that there are reasonable grounds for

believing that the physician, practitioner or facility failed to produce the

records or other information.

Electronic

records

(6) Where

records required to be kept by physicians for the purposes of this Act are in

electronic form, they shall have the characteristics of electronic records set

out in the regulations under the Medicine Act, 1991 .

Certificate

of authenticity

(7) A

certificate of authenticity required under this

section shall be in a form

acceptable to the General Manager unless otherwise prescribed.

Record-keeping

17.4

(1) For the

purposes of this Act, every physician, practitioner and health facility shall

maintain such records as may be necessary to establish whether they have

provided an insured service to a person.

Same

(2) For

the purposes of this Act, every physician, practitioner and health facility

shall maintain such records as may be necessary to demonstrate that a service

for which they prepare or submit a claim for payment is the service that they

provided.

Same

(3) For

the purposes of this Act, every physician and health facility shall maintain

such records as may be necessary to establish whether a service they have

provided is medically necessary.

Same

(4) For

the purposes of this Act, every practitioner and health facility shall maintain

such records as may be necessary to establish whether a service they have

provided is therapeutically necessary.

Same

(5) The

records described in subsections (1), (2), (3) and (4) must be prepared

promptly when the service is provided.

Presumption

(6) In

the absence of a record described in subsection (1), (3) or (4), it is presumed

that an insured service was provided and that the basic fee payable is nil.

Different

service provided

(7) In

the absence of a record described in subsection (2), the insured service that

was provided is presumed to be the insured service, if any, that the General

Manager considers to be described in the records as having been provided and

not the insured service for which the claim for payment was prepared or

submitted.

Refusal

to pay if not required form, etc.

17.5 The General Manager

shall refuse to pay for an insured service if the claim for payment for the

service is not prepared in the required form, does not meet the prescribed

requirements or is not submitted to the General Manager within the prescribed

time. However, the General Manager may pay for the service if, in the General

Manager’s opinion, there are extenuating circumstances.

(2) Subsection

17.3 (1) of the Act, as enacted by subsection (1), is repealed and the

following substituted:

Information

(1) Every

physician, practitioner, health facility, hospital and community health

facility shall give the General Manager records or other information, including

personal information, that the General Manager may require,

(

a) for

purposes related to the administration of this Act, the Commitment

to the Future of Medicare Act, 2004 or the Oversight

of Health Facilities and Devices Act, 2017 ; or

(

b) for

other prescribed purposes.

(1) Section 18 of the Act is repealed and the following substituted:

Payment

of accounts

(1) The

General Manager shall determine all issues relating to accounts for insured

services in accordance with this Act and shall make the payments from the Plan

that are authorized under this Act.

Practitioners

and health facilities, refuse to pay

(2) The

General Manager may refuse to pay a claim for payment for an insured service

submitted by a practitioner or health facility or may pay a reduced amount in

the following circumstances:

1. If

the General Manager is of the opinion that all or part of the insured service

was not in fact rendered.

2. If

the General Manager is of the opinion that the nature of the service is

misrepresented, whether deliberately or inadvertently.

3. For

a service provided by a practitioner, if the General Manager is of