Cutting Unnecessary Red Tape Act, 2017 — Bill 154 (41st Parliament, 2nd Session)

Bill 154, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Bill 154

An Act to cut unnecessary red tape by enacting one new Act and making various amendments and repeals The Hon. B. Duguid Minister of Economic Development and Growth Government Bill 1st Reading September 14, 2017 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE The Bill is part of a government initiative to cut unnecessary red tape. The Bill amends or repeals a number of Acts and enacts a number of new Acts. For convenience, the amendments , repeals and new Acts are set out in separate Schedules. Schedules with the name of Ministries include amendments to and repeals of Acts that are administered by the Ministry involved or that affect that Ministry. The commencem ent provisions for each of the Schedules are set out in the Schedules.

SCHEDULE 1 MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS Farming and Food Production Protection Act, 1998 The

Schedule amends the Act to provide that more than one vice -chair of the N ormal Farm Practices Protection Board may be designated from among the members of the Board.

SCHEDULE 2 MINISTRY OF THE ATTORNEY GENERAL Charities Accounting Act The

Schedule amends the Act to add new sections 10.2 to 10.4, which provide authority for a tr ustee to whom the Act applies to apply or use the trust property to make social investments.

Section 10.2 sets out the characteristics of a social investment and provides other interpretive guidance.

Section 10.3 sets out the power to make social investmen ts with trust property, but specifies that the power may be restricted or excluded by the terms of the trust.

Section 10.4 places duties on trustees who make social investments with trust property, including a requirement to consider whether advice respect ing the social investment should be sought and, if so, to obtain and consider the advice. Subsection 10.4 (5) provides that the duties set out in the

section may not be restricted or excluded by the terms of the trust.

Section 10.1 of the Act is amended consequentially to take into account the new social investment provisions. Courts of Justice Act The

Schedule amends s ection 47 of the Act to specify the application of the

section to provincial judges appointed after having reached 65 years of age. In addit ion, a new complaints and discipline process respecting the Small Claims Court Administrative Judge is set out by way of amendments to

section 87.2 and the addition of a new

section 87.3. Finally, the

Schedule amends the Act to allow certain orders to pay tariff costs under the Agreement on Internal Trade, the Canadian Free Trade Agreement and other prescribed domestic trade agreements to be made orders of the Superior Court of Justice for the purpose of enforcement. Interjurisdictional Support Orders Act, 2002 The

Schedule makes various amendments to the Act. Some of the more significant amendments are set out below. The concept of ordinary residence is replaced with habitual residence throughout the English version of the Act. The definition of “support order” is expanded to, in particular circumstances, include the calculation or recalculation by an administrative body of the payment of support for a child. A support order and a support variation order shall now specify the law applied in making the order or the order is deemed to have been made under Ontario law. In determining a child’s entitlement to support under

section 13, and in determining a child’s entitlement to receive or continue to receive support under

section 35, the On tario court now first applies Ontario law, but if the child is not entitled to support under Ontario law, the court applies the law of the jurisdiction in which the child is habitually resident. In determining the amount of support for a child under

section 35, the Ontario court now applies Ontario law, rather than the law of the jurisdiction where the person liable to pay the support resides. The rules for varying a support order in

section 39 of the Act now apply to all support orders made or registered i n Ontario under the Act, rather than only those registered in Ontario under

Part III. International Interests in Mobile Equipment Act (Aircraft Equipment), 2002 The

Schedule amends the French version of

Schedule 1 to the Act to update the language of the Convention on International Interests in Mobile Equipment to adhere to the official French version of the Convention. The

Schedule also amends t he French version of the title of the annex in

Schedule 2 to the Act to note that it is the annex referred to in

Article XIII of the Protocol to the Convention on International Interests in Mobile Equipment in Matters Specific to Aircraft Equipment. Juries Act The

Schedule amends the Act to reflect the fact that the jury service notice and return to jury service not ice forms have been amalgamated into a single jury questionnaire form that is received by, and is required to be returned to a sheriff, completed , by potential jurors. Subsection 6 (5) of the Act is re -enacted to permit the completed jury questionnaire to be returned to the

ii sheriff by an electronic method specified in the questionnaire, if any, as well as to extend the deadline for returning the questionnaire from five to 30 days. In addition,

section 19 of the Act is amended to permit a sheriff to provide summons to a juror in electronic format, if the juror consents.

Section 27 of the Act is amended to replace a graphic representation of the requisite card with a textual description of the requirements. Finally, housekeeping amendments are made: 1. The French translation of “correctional institution” in paragraph 6 of subsection 3 (1) of the Act is updated. 2. The reference in subsection 6 (1) of the Act to “first class” mail is removed. Justices of the Peace Act The

Schedule amends s ection 6 of the Act to specify the application of the

section to justices of the peace appointed after having reached 65 years of age. In addition,

section 13.1 of the Act is amended to create authority for the Chief Justice of the Ontario Court of Justice to delegate his or her powers under that section. Notaries Act The

Schedule amends the Act to remove the requirement for a notary public to be a Canadian citizen. Provincial Offences Act The

Schedule amends the Act to allow the Chief Justice of the Ontario Court of Justice to delegate his or her authority to determine that a presiding justice is unable to continue a trial.

SCHEDULE 3 REPEAL OF THE EMPLOYERS AND EMPLOYEES ACT Employers and Employees Act The

Schedule repeals the Act and makes consequential amendments to two other Acts to reflect the repeal.

SCHEDULE 4 REDUCING REGULATORY COSTS FOR BUSINESS ACT, 2017 Reducing Regulatory Costs for Business Act, 2017 The

Schedule enacts a new Act which provides various measures in the interest of reducing regulatory costs for business. When a regulation governed by the Act is made or approved and has the effect of creating or increasing administrative costs to business, an offset must be made within a prescribed time. An analysis that assesses the potential impact of what is pr oposed must be conducted where regulations governed by th e Act are made or approved, and the analysis must be published. Less onerous regulatory requirements for small businesses are to be implemented where appropriate.

Where appropriate, recognized standards are to be adopted when developing or amending regulations. Businesses required to provide documents to ministries as a result of a regulation will have the option to transmit those documents electronically. Businesses that demonstrate excellent compliance with regulatory requirements are to be recognized by the Government.

SCHEDULE 5 MINISTRY OF THE ENVIRONMENT AND CLIMATE CHANGE Environmental Protection Act The

Schedule replaces the

definitions of “Minister” and “Ministry” in the Act. Pesticides Act The

Schedule makes various amendments to the Act. Some of the more significant amendments are set out below. The

Schedule replaces the

definitions of “Minister” and “Ministry” in the Act and adds a definition of “public servant”. The six-month limit on how long a person shall serve as an assistant to the holder of a licence to perform structural exterminations is repealed, as is the seven-day limit on how long a person shall serve as an assistant to the holder of a licence to perform land exterminations or water exterminations. The

Schedule changes the conditions that must be met before the Director may refuse to issue or renew a licence under

section 11 of the Act. The

Schedule expands the list of reasons set out in subsection 11 (3) of the Act for which th e Director may refuse to issue a permit, cancel a permit, impose terms and conditions on a permit or alter the terms and conditions of a permit. The notice requirement set out in subsection 13 (8) of the Act now also applies when the Director issues a perm it subject to a term or condition.

iii Where the Director refuses to issue or cancels a permit or imposes or alters a term or condition in a permit that has been issued, the permittee now has seven days to make submissions for reconsideration, rather than fifteen. The Director now has seven days to reconsider the decision after receiving the submissions, rather than three. In a designation of a provincial officer under

section 17 of the Act, the Minister may now limit the authority of the officer in the manner that the Minister considers necessary or advisable.

SCHEDULE 6 MINISTRY OF GOVERNMENT AND CONSUMER SERVICES — CORPORATE AMENDMENTS Similar Amendments to various Corporate Acts The

Schedule makes amendments of an administrative nature to the following A cts to ensure consistent wording: the Business Corporations Act , the Business Names Act , the Corporations Information Act , the Extra -Provincial Corporations Act and the Limited Partnerships Act. The definition of Minister does not name a specific Minister, but refers to the minister who is made responsible for the administration of the Act under the Executive Council Act. The

Schedule makes changes throughout each Act to accommodate the filing, keeping and searching of documents in electronic format. In the Business Corporations Act , the Corporations Information Act and the Extra -Provincial Corporations Act , the powers are those of the Director. In the Business Names Act and the Limited Partnerships Act , the powers are those of the Registrar. The changes include the following: 1. Persons may search the records maintained by the Ministry by any method approved by the Director or Registrar and obtain copies of documents in the records. 2.

The Director or Registrar, as applicable, may specify methods for the e xecution of documents other than by signing them. 3. The electronic version of a document in the records maintained by the Ministry prevail s in the event of inconsistencies between different versions of a document. 4. With specified exceptions, the Direc tor or Registrar, as applicable, may accept a copy of a notice or other document required to be sent to that person, including an electronic copy. 5.

The definition of “telephonic or electronic means” allow s for communication by new technologies without t heir having to be authorized by regulation. The Director or Registrar receives new powers, including the following: 1. The power to establish requirements in respect of the content, form, format and filing of the various documents required to be prepared or filed under the Act, including court orders, and the form, format and payment of fees. 2. The power to establish requirements in respect of the signing or other execution of documents . 3.

The power to determine whether or not any document may be filed by fax. 4. The power to assign corporation numbers . For the Limited Partnerships Act, this is done under the Business Names Act. 5. The power to issue documents by any method. 6. The power to use or issue validation codes or other systems or metho

Document details

Collection	Ontario — Bills
Citation	Bill 154, 41-2
Type	bill
Volume / chapter	p41 s2 bill 154 bill text 41 2 en b154 e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f1abe5b61f10772cf617c1de7ecc29625fc323e1

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