p42 s1 bill 132 b132rep e 0.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 68 ELIZABETH II, 2019 Bill 132

An Act to reduce burdens on people and businesses by enacting, amending and repealing various Acts and revoking various Regulations The Hon. P. Sarkaria Associate Minister of Small Business and Red Tape Reduction Government Bill 1st Reading October 28, 2019 2nd Reading November 7, 2019 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on General Government and as reported to the Legislative Assembly December 4, 2019) (The provisions in this Bill will be renumbered after 3rd Reading)

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

SCHEDULE 1 FOREIGN CULTURAL OBJECTS IMMUNITY FROM SEIZURE ACT, 2019 The Foreign Cultural Objects Immunity from Seizure Act is repealed and the Foreign Cultural Objects Immunity from Seizure Act, 2019 is enacted. The new Act prevents the commencement of any proceedings and th e enforcement of any remedies in Ontario that would have the effect of depriving a designated institution or a carrier of custody or control of a work of art or other cultural object from a foreign country, if certain requirements are met. A designated ins titution must provide reports to the Minister, if required to do so by the regulations.

SCHEDULE 2 LINE FENCES REPEAL ACT, 2019 The

Schedule enacts the Line Fences Repeal Act, 2019. The Act repeals the Line Fences Act and revokes the regulations made under that Act. The Line Fences Repeal Act, 2019 also provides that any application made under

section 4 of the Line Fences Act before the day it was repealed, or any appeal relating to such an application, shall be continued and finally disposed of in accordance with the Line Fences Act as if it had not been repealed. The Line Fences Repeal Act, 2019 also amends the City of Toron to Act, 2006 and the Municipal Act, 2001 to add provisions regarding the duty of owners of former railway land to construct, keep up and repair fences that mark the lateral boundaries of the land if a farming business is carried out on abutting land owned by a different owner. These new provisions are based on

section 20 of the Line Fences Act.

SCHEDULE 3 LOCAL PLANNING APPEAL SUPPORT CENTRE REPEAL ACT, 2019 The

Schedule dissolves the Local Planning Appeal Support Centre and repeals the Local Planning Appeal Support Centre Act, 2017.

SCHEDULE 4 MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS Agricultural and Horticultural Organizations Act The

Schedule amends the Agricultural and Horticultural Organizations Act . Currently, subsection 10 (3) of the Act requir es agricultural associations, agricultural societies and horticultural societies incorporated or continued under the Act to give notice of their annual meetings by mail and by publishing the notice in certain newspapers or periodicals. This provision is am ended so a particular means of giving notice is no longer specified. The

Schedule also repeals the following provisions of the Act:

section 12 (respecting the provision of security by certain board members),

section 31 (authorizing agricultural societies to pass by -laws prohibiting certain activities on or near exhibition grounds),

section 39 (respecting the affiliation of horticultural societies with the Ontario Horticultural Association),

section 40 (authorizing horticultural societies to pass by -laws respecting awarding prizes) and clause 41 (a) (authorizing the Lieutenant Governor in Council to make regulations respecting horse races). Agricultural Products Insurance Act, 1996 The

Schedule amends the Agricultural Products Insurance Act, 1996 with respect to the manner in which AgriCorp offers contracts of insurance, the jurisdiction of the Agriculture, Food and Rural Affairs Appeal Tribunal and the manner in which an appeal to the Tribunal is commenced. The Act is also amended with respect to the Ontario Crop Insurance Fund to provide that the money in the fund is not public money for the purposes of the Financial Administration Act and that AgriCorp may financially manage the fund. Animal Health Act, 2009 The

Schedule amends the Animal Health Act, 2009 by repealing and substantively re -enacting subsections 67 (2), (3) and (4) and sections 72, 73 and 74. These provisions are subject to repeal by

section 10.1 of the Legislation Act, 2006 on December 31, 2019. These amendments would continue to provide for the repeal of the Bees Act, the Livestock Community Sales Act and the Livestock Medicines Act on a day to be proclaimed. Beef Cattle Marketing Act The

Schedule amends the Beef Cattle Marketing Act to confer on the Minister of Agriculture, Food and Rural Affairs the power to make regulations that is currently conferred on the Lieutenant Governor in Council. The Act is also amended to remove

ii reference to the Lieutenant Governor in Council fixing the remuneration and allowance for expenses of inspe ctors and price reporters appointed for the purposes of the Act and to amend certain references to a specified f ederal statute. Farm Products Grades and Sales Act The

Schedule repeals the Farm Products Grades and Sales Act and makes a consequential amendment to the Farm Products Payment Act. Farm Registration and Farm Organizations Funding Act, 1993 The

Schedule makes a number of amendments to the Farm Registration and Farm Organizations Funding Act, 1993 relating to the ad ministration of the Act, including providing for the appointment of a Crown agency to administer the Act, the framework for issuing farming business registration numbers and the procedures for applications, hearings and reviews under the Act, including those relating to the accreditation of farm organizations. Fish Inspection Act The

Schedule amends the Fish Inspection Act to allow certain inspectors designated for the purposes of the Safe Food for Canadians Act (Canada) to be declared inspectors for the pu rposes of the Act. It also provides for the immediate repeal of

section 12 of the Act, which relates to a federal Act which was repealed in 2019, and for the repeal of the Act as a whole on a day to be proclaimed. Food Safety and Quality Act, 2001 Currently, penalties for offences under the Food Safety and Quality Act, 2001 are determined by reference to whether the convicted person has been previously convicted under other Acts listed in subsection 46 (3) of the Act. The

Schedule amends that subsection to include a reference to the Safe Food for Canadians Act (Canada). A technical amendment is also made to clause 46 (3) (

c) of the Act. Livestock and Livestock Products Act The

Schedule amends the Livestock and Livestock Products Act to provide that regulatio ns made under the Act that establish any grade name, standard or grade may do so by incorporating a document by reference in such a way as to reflect future changes to that document. The amendments provide that this is permitted where the document is also incorporated by reference in a regulation made under

an Act of Canada in such a way as to include future changes to the document. Livestock Medicines Act The

Schedule amends the Livestock Medicines Act to repeal provisions relating to the Livestock Medicin es Advisory Committee. Milk Act The

Schedule amends the Milk Act to provide that regulations made under the Act that establish grades or standards, grade names or marks or various technical requirements for packaging may do so by incorporating a document b y reference in such a way as to reflect future changes to that document. The amendments provide that this is permitted where the document is also incorporated by reference in a regulation made under

an Act of Canada in such a way as to include future changes to the document. The

Schedule also makes various amendments to the French version of the Act.

SCHEDULE 5 MINISTRY OF THE ATTORNEY GENERAL Legislation Act, 2006

Section 72 of the Legislation Act, 2006, respecting the implications of a change in reigning sovereign, is re -enacted to restate the default rule that a change of sovereign does not affect anything done or begun under the previous sovereign, as well as t o expressly confirm that it does not affect Crown appointments or offices, or any related oaths or affirmations. Public Officers Act Sections 2 and 3 of the Public Officers Act, dealing with the demise of the Sovereign, are repealed in light of the re- enactment of

section 72 of the Legislation Act, 2006 by this Schedule.

SCHEDULE 6 MINISTRY OF COLLEGES AND UNIVERSITIES Algoma University Act, 2008 Currently, the Algoma University Act, 2008 provides that the university may grant bachelor degrees only in certain programs. The Act is amended to permit the university to confer bachelor degrees in any arts or science program. A further amendment is made to permit the university to confer degrees and award certificates and diplomas in any and all branches of learning. Both amendments come into force on a day to be named by proclamation.

iii Ontario College of Art & Design University Act, 2002 Currently, the Ontario College of Art & Design University Act, 2002 provides that the only baccalaureate degrees the university may grant are Bachelor of Fine Arts and Bachelor of Design degrees. The Act is amended to permit the university to also confer a Bachelor of Arts degree and a Doctor of Philosophy degree. A furth er amendment is made to permit the university to confer degrees and award certificates and diplomas in any and all branches of learning. Both amendments come into force on a day to be named by proclamation.

SCHEDULE 7 MINISTRY OF ECONOMIC DEVELOPMENT, JOB CREATION AND TRADE Partnerships for Jobs and Growth Act, 2014 The

Schedule repeals the Partnerships for Jobs and Growth Act, 2014.

SCHEDULE 8 MINISTRY OF ENERGY, NORTHERN DEVELOPMENT AND MINES Mining Act Various amendments are made with respect to

Part VII of the Mining Act . Amendments are made in several provisions to distinguish between the submission by a proponent and filing by the Director of a closure plan or an amendment to a closure plan. If a proponent submits an amendment to a closure plan in re spect of advanced exploration or mine production, the Director is required to make a decision about filing the amendment no later than 45 days after the submission. Northern Services Boards Act

Part II of the Northern Services Boards Act, which currently provides for the establishment of area services boards, is repealed. Consequential amendments are made to the City of Toronto Act, 2006, the Municipal Act, 2001 and the Ontario Municipal Employees Retirement System Act, 2006 . In addition, a regulation made under the Northern Services Boards Act relating to area services boards is revoked.

SCHEDULE 9 MINISTRY OF THE ENVIRONMENT, CONSERVATION AND PARKS Environmental Protection Act The

Schedule makes various amendments to the Environmental Pr otection Act, including amendments respecting administrative penalties. Various provisions of the Act are repealed: provisions respecting environmental penalties; provisions used to govern emissions from motor vehicles; and the provision that provides for a process to be followed, including the involvement of the Minister and a board of negotiation, when a person complains that a contaminant is causing or has caused injury or damage to livestock or to crops, trees or other vegetation which may result in ec onomic loss to the person. Nutrient Management Act, 2002 The

Schedule adds provisions respecting administrative penalties to the Nutrient Management Act, 2002. Ontario Water Resources Act The

Schedule amends the Ontario Water Resources Act in respect of administrative penalties. Provisions of the Act respecting environmental penalties are repealed. Other amendments to the Act relate to

section 34 of the Act, which prohibits the taking of water in specified circumstances except in accordance with a permit issued under the Act, subject to certain exceptions. The

Schedule adds an exception for the taking of water for the purpose of constructing or operating a dam within the meaning of the Lakes and Rivers Improvement Act if the dam is associated with the produ ction of electricity. The Minister is given authority to make regulations deeming a permit or all permits in a specified class to be revoked on a specified date, where the permit or permits in the class relate to water takings that are exempted from subsection 34 (1). Pesticides Act The

Schedule repeals provisions of

section 7.1 of the Pesticides Act, which currently prohibits the use of prescribed pesticides that may be used for a cosmetic purpose, subject to specified exceptions. The repealed provisions are replaced with provisions that prohibit the use of an active ingredient unless the Director has determined that the active ingredient is appropriate fo r use for a cosmetic purpose and has listed the active ingredient in a prescribed document.

Also, the provision of the Act that currently prohibits the sale of prescribed pesticides is replaced with a provision that prohibits the sale of pesticides unless they have been prescribed. Provisions that provide for the Pesticides Advisory Committee are repealed. Provisions respecting administrative penalties are added to the Act.

iv Resource Recovery and Circular Economy Act, 2016 The

Schedule makes various amendments to the Resource Recovery and Circular Economy Act, 2016 relating to the Resource Productivity and Recovery Authority. These amendments relate to the objects of the Authority, the purposes of the Resource Productivity and Recovery Registry, the application of certain provisions of

Part V of the Act and the authority to fix amoun ts to be paid by the Authority to defray costs of the Crown. Safe Drinking Water Act, 2002 The

Schedule adds provisions respecting administrative penalties to the Safe Drinking Water Act, 2002 . Waste Diversion Transition Act, 2016 The

Schedule amends the Waste Diversion Transition Act, 2016 to address the distribution of property to the Resource Productivity and Recovery Authority by an industry funding organization.

SCHEDULE 10 MINISTRY OF FINANCE Insurance Act The

Schedule makes several amendments to the Insurance Act. Here are some highlights: 1. Certain publication requirements in the Act that refer to The Ontario Gazette are updated to refer instead to the website of the Financial Services Regulatory Authority of Ontario. 2. Provisions that refer to organizations recognized under subsection 393 (14) of the Act are amended to delete those references. 3. Various provisions of the Act are repealed. Pension Benefits Act The

Schedule makes several amendments to the Pension Benefits Act. Here are some highlights: 1. Currently, subsection 8 (1) of the Act specifies the persons, bodies and entities who are eligible to act as the administrator of a pension plan. Clauses 8 (1) (

b) and (

c) are repeal ed and re-enacted as new 8 (1) (b). New clause 8 (1) (

c) provides that, if the pension plan is a single employer jointly sponsored pension plan, the administrator may be a board of trustees or any person, body or entity referred to in other specified clauses of the subsection. 2. Subsection 10 ( 3) of the Act specifies the information that must be set out in the documents that create and support a jointly sponsored pension plan. The subsection is amended to require the documents to set out the powers and du ties of a board of trustees that is the administrator of a jointly sponsored pension plan. 3.

Currently, subsection 27 (2) of the Act requires administrators to give former members and retired members written statements. Subsection 27 (3) permits the Chief Executive Officer to waive that requirement if he or she is satisfied that there are reasonable and probable grounds to believe the former member or retired member is missing. The subsection is re-enacted to permit the Chief Executive Officer to waive the requirement if he or she is satisfied that the administrator is unable to locate the former member or retired member after making reasonable efforts to do so.

A new subsection 27 (4) sets out factors that the Chief Executive Officer must consider in dete rmining whether the administrator made reasonable efforts. New subsections 27 (5) and (6) provide that the waiver is revoked and the administrator must promptly notify the Chief Executive Officer if the administrator receives the contact information of the missing former member or retired member. 4.

Currently, the Act establishes how spouses, including former spouses, may obtain a statement of imputed value, for family law purposes, of a spouse’s pension assets and provides for the transfer of a lump sum from the pension plan and the division of the pension in specified circumstances. The

Schedule amends the Act to provide the Financial Services Regulatory Authority of Ontario with additional rule-making authority respecting certain aspects of a lump sum transfer or division of a pension. 5. Various amendments are made to the Act to address the manner in which a statement of imputed value, for family law purposes, may be obtained if, on or after the family law valuation date, the pension assets cease to be available, as well as to provide for the transfer of a lump sum from a pension plan and the division of a pension in situations where, on or after the family law valuation date, the assets have been transferred to another pension plan. The

Schedule makes consequential amendments to the Family Law Act, along with a housekeeping amendment.

Section 80.4 of the Act currently governs a conversion that is implemented through a transfer of assets and liabilities from a single employer pension plan to another pension plan that is a jointly sponsored pension plan. A new subsection 80.4 (11.1) provides that the application for the Chief Executive Officer’s consent to the transfer may be made before the jointly sponsored pension plan is registered under the Act.

Ho wever, if the application for registration of the jointly sponsored plan is not received by the Chief Executive Officer within 90 days after the application for consent is made, the application for consent is deemed not to have been made. A new subsection 80.4 (12.1) permits the Chief Executive

v Officer to waive or vary the application of certain provisions of the regulations that are made for the purposes of

section 80.4. A similar power is added to

section 81.0.1. 7. The Act is amended to further facilita te electronic communication by deeming members and former members of a pension plan to consent to the receipt of certain documents sent by the administrator in an electronic form, provided certain conditions are met, including the ability of such members to request that the administrator, at any time, send documents in another written form. 8.

The Act is amended to permit a pension plan administrator to send certain documents containing personal information electronically, but only if such documents are se nt through a secure information system that requires the intended recipient to identify themselves prior to accessing the document. 9. The Act is amended to provide that the regulation -making authority set out in subsection 115 (3) to adopt by reference and require compliance with a code, formula, standard or procedure includes the power to adopt the code, formula, standard or procedure as it may be amended from time to time.

SCHEDULE 11 MINISTRY OF GOVERNMENT AND CONSUMER SERVICES Repeals The

Schedule repeals the Paperback and Periodical Distributors Act and the Residential Complex Sales Representation Act. Search warrant provisions The

Schedule amends 16 Acts administered by the Minister of Government and Consumer Services to require that investigators who seize things under a search warrant or in exigent circumstances report the seizure to a justice of the peace. The

Schedule also standardizes many of the provisions dealing with searches under a warrant.

SCHEDULE 12 MINISTRY OF HEALTH Ontario Drug Benefit Act The requirement in the Ontario Drug Benefit Act that the executive officer prepare an annual report is repealed, retroactive to April 1, 2016.

SCHEDULE 13 MINISTRY OF HERITAGE, SPORT, TOURISM AND CULTURE INDUSTRIES Public Libraries Act Currently, under subsection 10 (1) of the Public Libraries Act, a person must be a Canadian citizen to qualify to be appointed as a member of a public library board. The

section is amended to provide that a person who is a permanent resident of Canada may also qualify to be appointed as a member of a board. Currently, subsection 16 (1) of the Act requires public library boards to hold regular meetings once a month for at least 10 months each year. The subsection is re -enacted to require boards to hold a m inimum of four seven regular meetings in each year.

SCHEDULE 14 MINISTRY OF LABOUR, TRAINING AND SKILLS DEVELOPMENT Occupational Health and Safety Act The

Schedule amends the Occupational Health and Safety Act to repeal

section 34 and to amend a related cross-reference.

SCHEDULE 15 MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING Building Code Act, 1992 The

Schedule amends subsection 27 (1) of the Building Code Act, 1992 to provide that a notice or order required by the Act to be served may be served by email to the last known email address of the person to whom service is required to be made. The

Schedule also adds subsection 27 (3), which sets out when service by email is deemed to have been made. The

Schedule repeals subsections 34 (6) and (7) of the Act to remove the requirement for the Minister of Municipal Affairs and Housing to initiate a review of the energy and water conservation provisions of the building code every five years. The

Schedule also repeals

section 34.1 of the Act to dissolve the Building Code Conservation Advisory Council. Statute Labour Act The

Schedule repeals the Statute Labour Act and makes complementary amendments to various Acts. The

Schedule also amends the Statute Labour Act to add two new sections that come into force before the Act is repealed.

Section 38 provides that a road commissioner shall provide the Minister of Municipal Affairs and Housing with information designated by the

vi Minister at the times and in the manner an d form designated by the Minister.

Section 39 provides that the Minister may, by order, abolish statute labour and the office of road commissioner in an area over which a commissioner has jurisdiction and provide for the disposition of the assets and liabilities of the office of road commissioner as the Minister considers appropriate.

SCHEDULE 16 MINISTRY OF NATURAL RESOURCES AND FORESTRY Aggregate Resources Act Various amendments are made to the Aggregate Resources Act, including the following: 1. In considering whether a licence for a pit or quarry under the Act should be issued or refused, the Minister or Local Planning Appeal Tribunal cannot have regard to ongoing maintenance and repairs to address road degradation that may result from proposed truck traffic to and from the site. 2.

New provisions provide for the following specified provisions in zoning by -laws to be inoperative: i. restrictions on the depth of extraction in specified circumstances, and ii. prohibitions against a site being used for the making, establishment or operation of pits and quarries where the surface rights are the property of the Crown. 3. Several amendments relating to licences and permits are made. Some of these amendments were enacted as part of

Schedule 1 to the Aggregate Resources and Mining Modernization Act, 2017 but not proclaimed into force; these are reproduced in the

Schedule in order to allow for them to come into force on the day the Better for People, Smarter for Business Act, 2019 receives Royal Assent. 4. New provisions are included to address the process for dealing with the following circumstances in which changes to a licence or permit are desired: i. where a licensee wishes to lower the depth of extraction from above the water table to below the water table , and ii. where a licensee or permittee wishes to expand the boundaries of the area subject to a licence or permit into an adjacent road allowance.

Crown Forest Sustainability Act, 1994 The Crown Forest Sustainability Act, 1994 is amended to allow the Minister to issue permits for the removal of forest resources in cases where an activity requires the forest resources to be removed and not be renewed for the duration of the activity. Rules are established with respect to permits. Subsections 11 (1) and (2) are amended to explicitly authorize the Minister to extend a forest management plan. Subsection 11 (3) is updated to take into account recent changes in the Endangered Species Act, 2007.

Subsections 17 (3) to (6) are amended so that work schedules no longer have to be approved by the Minister. Subsection 26 (2) is amended to provide the Minister with the discretion to extend or not a sustainable forest licence and subsection 41.2 (1) is amended to expand the limitation on remedies against the Crown.

Various obsolete transition provisions related to the Crown Timber Act are repealed and certain provisions requiring the Minister to provide reports to the Lieutenant Governor in Council and to table the reports in the Legislative Assem bly are replaced with a requirement for the Minister to make the reports available to the public.

Fish and Wildlife Conservation Act, 1997 The Fish and Wildlife Conservation Act, 1997 is amended to provide the Minister with the power to issue an order establishing wildlife disease control and surveillance zones to assist in controlling or eradicating wildlife diseases that may have serio us adverse impacts on wildlife or minimizing the impacts of those diseases in Ontario.

The order will set out requirements , restrictions or prohibitions that apply within the zones such as prohibitions or restrictions against hunting, trapping or possession of wildlife within the zone as well as requirements to submit information. The Lieutenant Governor in Council is also given a new regulation making power respecting wildlife diseases. New rules regarding the safekeeping of seized things are added in subsections 92 (3) to (3.3). Freshwater Fish Marketing Act (Ontario) The

Schedule repeals the Freshwater Fish Marketing Act (Ontario) and Regulation 463 (General) made under the Act. Lakes and Rivers Improvement Act The

Schedule makes changes to the regulation making powers in

section 3 of the Lakes and Rivers Improvement Act . The Minister is given the power to m ake regulations with respect to the assessment and management of impacts on fish, wildlife and other natural resources resulting from the construction, operation or changes to a dam associated with the production of electricity.

vii Oil, Gas and Salt Resources Act The

Schedule amends the Oil, Gas and Salt Resources Act to allow a person, who meets any prescribed qualifications and in the prescribed circumstances, to undertake certain activities in relation to a well without a licence if the person does so i n accordance with any prescribed terms, conditions, restrictions and requirements. The definition of well in the Act is expanded to clarify the meaning of geological evaluations and testing. New subsection 13 (1.1) provides that, in the prescribed circumstances, the Minister shall grant a licence to an applicant who meets any prescribed qualifications. Subsections 13 (1) and (2) and

section 14 of the Act are expanded by requiring the Minister to provide a notice of proposal to persons that will be affected by the Minister’s decisions under those subsections. Those persons will now have 30 days to ask the Minister for a referral. The Minister is no longer required to submit to the Lieutenant Governor in Council or table in the Legislative Assembly the Trust’s report on its financial affairs. However, the Trust will have to make the report available to the public. The Lieutenant Governor in Council’s regulation-making powers are also amended in

section 17. Public Lands Act The

Schedule adds a new subsection to

section 21.1 of the Public Lands Act specifying that a regulation made under that

section may restrict a common law right of passage over a road or road allowance on Crown lands.

Section 36 is re- enacted to update the timing of the Minister’s transmission of l ists to the Municipal Property Assessment Corporation. Subsection 50 (1) of the act is amended to add nuisance to those matters that would not give rise to a liability for damages against the Crown. The methods for closing a road set out in

section 52 of the Act are amended to allow for notice to be provided electronically and to remove the requirement that barricades include lights. Subsection 68.1 (2) of the Act is amended to allow the Minister to release by order certain reservations or interests of the Crown on public lands that have been disposed of by the Crown.

SCHEDULE 17 MINISTRY OF TRANSPORTATION Highway 407 Act, 1998 The

Schedule amends the Highway 407 Act, 1998. Currently, the owner of Highway 407 may charge a fee for the purposes of recovering costs associated with a person’s failure to pay a Highway 407 toll or fee. That fee requires a separate invoice from the initial invoice for the toll or fee and, if t hat fee is not paid, it also requires a separate notice of failure to pay and a separate pr ocess with respect to non -validation of the person’s vehicle permit. The

Schedule provides that if a Highway 407 toll and the related fees and interest are not paid, the notice of failure to pay shall inform the person that if the amounts owing are not paid within 90 days, an enforcement fee may be charged in addition to the other consequences. The enforcement fee could then be charged without a further invoice, without further notice of failure to pay and with a single process with respect to non-validation of the person’s vehicle permit. Consequential, related and technical amendments are made. Highway 407 East Act, 2012 The

Schedule amends the Highway 407 East Act, 2012. Currently, the person or entity authorized to collect and enforce the payment of tolls, related fees and interest for Highway 407 East may charge a fee for the purposes of recovering costs associated with a person’s failure to pay a Highway 407 East toll or fee. That fee requires a separate invoice from the initial invoice for the toll or fee and, if that fee is not paid, it also requires a separate notice of failure to pay and a separate process with respect to non-validation of the person’s vehicle permit. The

Schedule provides that if a Highway 407 East toll and the related fees and interest are not paid, the notice of failure to pay shall inform the person that if the amounts owing are not paid within 90 days, an enforcement fee may be charged in addition to other consequences. The enforcement fee could then be charged without a furt her invoice, without further notice of failure to pay and with a single process with respect to non-validation of the person’s vehicle permit. Consequential and related amendments are made. Highway Traffic Act The

Schedule amends the Highway Traffic Act to enable emissions from motor vehicles to be governed under that Act. The

Schedule also amends the Act to enable municipalities to allow all or some off -road vehicles to be driven on municipal highways, subject to regulations. Related and technical amendments are made.

Bill 132 2019

An Act to reduce burdens on people and businesses by enacting, amending and repealing various Acts and revoking various Regulations CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Foreign Cultural Objects Immunity from Seizure Act, 2019

Schedule 2 Line Fences Repeal Act, 2019

Schedule 3 Local Planning Appeal Support Centre Repeal Act, 2019

Schedule 4 Ministry of Agriculture, Food and Rural Affairs

Schedule 5 Ministry of the Attorney General

Schedule 6 Ministry of Colleges and Universities

Schedule 7 Ministry of Economic Development, Job Creation and Trade

Schedule 8 Ministry of Energy, Northern Development and Mines

Schedule 9 Ministry of the Environment, Conservation and Parks

Schedule 10 Ministry of Finance

Schedule 11 Ministry of Government and Consumer Services

Schedule 12 Ministry of Health

Schedule 13 Ministry of Heritage, Sport, Tourism and Culture Industries

Schedule 14 Ministry of Labour, Training and Skills Development

Schedule 15 Ministry of Municipal Affairs and Housing

Schedule 16 Ministry of Natural Resources and Forestry

Schedule 17 Ministry of Transportation Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

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

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

(3) If a

Schedule to this Act provides that any 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 Better for People, Smarter for Business Act, 2019.

SCHEDULE 1 FOREIGN CULTURAL OBJECTS IMMUNITY FROM SEIZURE ACT, 2019

Definitions 1 In this Act, “designated institution” means an institution designated by the regulations under this Act; (“établissement désigné”) “Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “proceeding” means any proceeding, and includes an arbitral, administrative or court proceeding. (“i nstance”) Immunity 2

(1) No proceeding shall be commenced and no judgment, decree, order, warrant or any other remedy shall be enforced in Ontario for the purpose of or having the effect of depriving a designated institution of custody or control of a wor k of art or other cultural object while that work or object is in Ontario, if, (

a) the work or object is from a foreign country and is brought into Ontario pursuant to an agreement between the foreign owner or custodian of the work or object and the designated institution providing for the temporary exhibition or display of the work or object in Ontario that is administered, operated or sponsored by the designated institution; and (

b) the prescribed requirements are met. Same, carrier

(2) No proceeding s hall be commenced and no judgment, decree, order, warrant or any other remedy shall be enforced in Ontario for the purpose of or having the effect of depriving a carrier engaged in transporting a work of art or other cultura l object of custody or control of that work or object while that work or object is in Ontario, if, (

a) the work or object is from a foreign country and is brought into Ontario pursuant to an agreement between the foreign owner or custodian of the work or object and a designated institut ion providing for the temporary exhibition or display of the work or object in Ontario that is administered, operated or sponsored by the designated institution; and (

b) the prescribed requirements are met. Proceedings in respect of agreements not precluded (3) Subsections (1) and (2) do not preclude any proceeding in respect of any agreement referred to in clause (1) (

a) or (2) (

a) or any agreement with respect to the transport of a work of art or other cultural object to which subsection (1) or (2) applies. Reports 3 A designated institution shall, if required to do so by the regulations, provide reports to the Minister at the prescribed ti mes and in the prescribed form. Regulations 4 The Minister may make regulations providing for any matters which, in the opinion of the Minister, are necessary or advisable for the purposes of this Act, including, (

a) prescribing anything required to be or referred to in this Act as being prescribed by the regulations; (

b) designating institutions for the purpose of the definition of “designated institution” in

section 1; (

c) governing transitional matters that may arise due to the enactment of this Act and the repeal of the Foreign Cultural Objects Immunity from Seizure Act. Repeal 5 The Foreign Cultural Objects Immunity from Seizure Act is repealed. Commencement 6 The Act set out in this

Schedule comes into force on a day named by proclamation of the Lieutenant Governor.

Short title 7 The

short title of the Act set out in this

Schedule is the Foreign Cultural Objects Immunity from Seizure Act, 2019.

SCHEDULE 2 LINE FENCES REPEAL ACT, 2019 Transition — Line Fences Act 1 Despite the repeal of the Line Fences Act by

section 2 of this Act and the revocation of the regulations under that Act by

section 5 of this Act, any application made under

section 4 of the Line Fences Act before the day it was repealed, or any appeal relating to such an application, shall be con tinued and finally disposed of in accordance with the Line Fences Act as if it had not been repealed and the regulations under that Act as if they had not been revoked. Line Fences Act 2 The Line Fences Act is repealed. COMPLEMENTARY AMENDMENTS City of Toronto Act, 2006 3

Section 109 of the City of Toronto Act, 2006 is repealed and the following substituted: Duties of owner of former railway land 109

(1) Where land that was formerly used as part of a line of railway is conveyed in its entire width by the r ailway company to a person, the Crown in right of Ontario, a Crown agency or a municipality who is not the owner of abutting land, the responsibility for constructing, keeping up and repairing the fences that mark the lateral boundaries of the land lies wi th that person, the Crown in right of Ontario, the Crown agency or the municipality, respectively, if, (

a) a farming business is carried out on the abutting land; and (

b) the owner of the abutting land upon which the farming business is carried out notifies the person, Crown in right of Ontario, Crown agency or municipality, as the case may be, that the owner desires that such person or entity construct, keep up and repair the fences that mark the lateral boundaries of the land.

Interpretation

(2) In this section, “farming business” means a business in respect of which, (

a) a current farming business registration is filed under the Farm Registration and Farm Organizations Funding Act, 1993, or (

b) the Agriculture, Food and Rural Affairs Appeal Tribunal has made an order under subsection 22 (6) of the Farm Registration and Farm Organizations Funding Act, 1993; (“entreprise agricole”) “owner” includes heirs, executors and assigns of the owner. (“propriétaire”) Municipal Act, 2001 4

Section 98 of the Municipal Act, 2001 is repealed and the following substituted: Duties of owner of former railway land 98

(1) Where land that was formerly used as part of a line of railway is conveyed in its entire width b y the railway company to a person, the Crown in right of Ontario, a Crown agency or a municipality who is not the owner of abutting land, the responsibility for constructing, keeping up and repairing the fences that mark the lateral boundaries of the land lies with that person, the Crown in right of Ontario, the Crown agency or the municipality, respectively, if, (

a) a farming business is carried out on the abutting land; and (

b) the owner of the abutting land upon which the farming business is carried out notifies the person, Crown in right of Ontario, Crown agency or municipality, as the case may be, that the owner desires that such person or entity construct, keep up and repair the fences that mark the lateral boundaries of the land.

Interpretation

(2) In this section, “farming business” means a business in respect of which, (

a) a current farming business registration is filed under the Farm Registration and Farm Organizations Funding Act, 1993, or (

b) the Agriculture, Food and Rural Affairs Appeal Tribunal has made an order under subsection 22 (6) of the Farm Registration and Farm Organizations Funding Act, 1993; (“entreprise agricole”) “owner” includes heirs, executors and assigns of the owner. (“propriétaire”)

4 Regulations revoked 5 The following regulations, made under the Line Fences Act, are revoked: 1. Regulation 716 of the Revised Regulations of Ontario, 1990 (Land in Territory Without Municipal Organization). 2. Ontario Regulation 363/13 (Appeals). 3. Ontario Regulation 127/14 (Forms). COMMENCEMENT AND

SHORT TITLE Commencement 6 The Act set out in this

Schedule comes into force two years after the day the Better for People, Smarter for Business Act, 2019 receives Royal Assent.

Short title 7 The

short title of the Act set out in this

Schedule is the Line Fences Repeal Act, 2019.

SCHEDULE 3 LOCAL PLANNING APPEAL SUPPORT CENTRE REPEAL ACT, 2019 Dissolution of Centre 1 The Local Planning Appeal Support Centre is dissolved. Repeal of this Act 2 This Act is repealed. Repeal of Local Planning Appeal Support Centre Act, 2017 3 The Local Planning Appeal Support Centre Act, 2017 is repealed. Commencement 4

(1) Subject to subsection (2), the Act set out in this

Schedule comes into force on the day the Better for People, Smarter for Business Act, 2019 receives Royal Assent.

(2) Section 2 comes into force six months after the day on which the Better for People, Smarter for Business Act , 2019 receives Royal Assent.

Short title 5 The

short title of the Act set out in this

Schedule is the Local Planning Appeal Support Centre Repeal Act, 2019.

SCHEDULE 4 MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS AGRICULTURAL AND HORTICULTURAL ORGANIZATIONS ACT 1 Subsection 10 (3) of the Agricultural and Horticultural Organizations Act is repealed and the following substituted: Notice of annual meeting

(3) At least two weeks notice of the annual meeting shall be given to each member of the organization. 2 Sections 12, 31, 39 and 40 and clause 41 (

a) of the Act are repealed. AGRICULTURAL PRODUCTS INSURANCE ACT, 1996 3

Section 2.1 of the Agricultural Products Insurance Act, 1996 is repealed and the following substituted: Contracts of insurance 2.1

(1) AgriCorp shall offer contracts of insurance for agricultural products. Newly designated product

(2) If a product is designated as an agricultural product, AgriCorp shall offer contracts of insurance in respect of the agricultural product as soon as reasonably possible after the designation. Formerly designated product

(3) If the designation of a product as an agricultural product is revoked, AgriCorp shall cease of fering contracts of insurance in respect of the product as soon as reasonably possible after the revocation. 4 Subsection 5 (1) of the Act is repealed and the following substituted: Terms of contracts of insurance

(1) AgriCorp shall fix the terms of contracts of insurance, subject to subsection (1.1). Ministerial approval

(1.1) AgriCorp shall obtain the approval of the Minister before, (

a) offering any new standard form contracts of insurance; or (

b) making any changes to an existing standard form contract of insurance that affects, (

i) the premium charged under the contract of insurance, (ii) the risks insured under the contract of insurance, or (iii) any other aspect of a contract of insurance that the Minister may direct. 5 (1) Subsection 10 (1) of the Act is repealed and the following substituted: Appeal to tribunal

(1) A person aggrieved by a decision of AgriCorp in relation to a contract of insurance, including a decision of whether to enter into a contract of insurance, may appeal that decision to the Tribunal. (2) Subsection 10 (2) of the Act is amended by striking out “the other party within the time specified by the regulations made under this Act” and substituting “any person specified by the regulations made under this Act within the time specified by the regulations”. (3) Subsection 10 (4) of the Act is amended by adding “final and” before “binding”. (4) Subsection 10 (5) of the Act is repealed. 6

Section 11 of the Act is amended by adding the following subsections: Not public money

(2.1) The money that AgriCorp collects in performing its functions under this Act, and any interest accrued from investing that money, shall not be considered public money for the purposes of the Financial Administration Act . Management of Fund

(2.2) AgriCorp may financially manage the Fund. 7

(1) Section 11.1 of the Act is amended by striking out the portion before clause (

a) and substituting the following:

7 Regulations by Minister 11.1 The Minister may make regulations respecting any matter necessary or advisable to carry out effectively the purpose or intent of this Act including, . . . . .

(2) Section 11.1 of the Act is amended by adding the following clause: (a.1) governing the manner in which appeal s under

section 10 may be commenced, including anything referred to in subsection 10 (2) as being specified by the regulations; 8 Sections 12 and 13 of the Act are repealed. ANIMAL HEALTH ACT, 2009 9

(1) Paragraph 1 of subsection 12 (1) of the Animal Health Act, 2009 is repealed and the following substituted: 1. A licence with respect to, i. commercial operations that receive and handle animals for the purpose of sale or distribution or for the purpose of feeding, watering or resting animals while in transit, ii. the sale or offering for sale of livestock by public auction held at an established place of business where livestock is assembled for the purpose, or iii. such other activities for the purposes of animal health monitoring and control as may be prescribed. (2) Subsection (1) only applies if

section 13 of

Schedule 4 to the Better for People, Smarter for Business Act , 2019 is in force and

section 14 of

Schedule 4 to the Better for People, Smarter for Business Act, 2019 has not come into force.

(3) Paragraph 1 of subsection 12 (1) of the Act is repealed and the following substituted: 1. A licence with respect to, i. commercial operations that receive and handle animals for the purpose of sale or distribution or for th e purpose of feeding, watering or resting animals while in transit, ii. the control and regulation of the sale of livestock medicines, including places where livestock medicines are sold or offered for sale or distribution, or iii. such other activities for the purposes of animal health monitoring and control as may be prescribed. (4) Subsection (3) only applies if

section 14 of

Schedule 4 to the Better for People, Smarter for Business Act , 2019 is in force and

section 13 of

Schedule 4 to the Better for People, Smarter for Business Act, 2019 has not come into force.

(5) Paragraph 1 of subsection 12 (1) of the Act, as re -enacted by subsection (1) or (3), is repealed and the following substituted: 1.

A licence with respect to, i. commercial operations that receive and handle animals for the purpose of sale or distribution or for the purpose of feeding, watering or resting animals while in transit, ii. the control and regulation of the sale of livestock medicines, including places where livestock medicin es are sold or offered for sale or distribution, iii. the sale or offering for sale of livestock by public auction held at an established place of business where livestock is assembled for the purpose, or iv. such other activities for the purposes of animal health monitoring and control as may be prescribed. (6) Subsection (5) only applies if sections 13 and 14 of

Schedule 4 to the Better for People, Smarter for Business Act, 2019 are both in force. 10 Subsections 67 (2), (3) and (4) and sections 72, 73 and 74 of the Act are repealed. 11 (1) Subsection 75 (2) of the Act is amended by striking out “section 74” and substituting “section 14 of

Schedule 4 to the Better for People, Smarter for Business Act, 2019”. (2) Subsection 75 (3) of the Act is amended by striking out “section 72” and substituting “section 12 of

Schedule 4 to the Better for People, Smarter for Business Act, 2019”. (3) Subsection 75 (4) of the Act is amended by striking out “section 73” and substituting “section 13 of

Schedule 4 to the Better for People, Smarter for Business Act, 2019”.

8 Bees Act 12 The Bees Act is repealed. Livestock Community Sales Act 13 The Livestock Community Sales Act is repealed. Livestock Medicines Act 14 The Livestock Medicines Act is repealed. BEEF CATTLE MARKETING ACT 15 Subsection 4 (1) of the Beef Cattle Marketing Act is amended by striking out “Lieutenant Governor in Council” and substituting “Minister”. 16 (1) Subsection 5 (1) of the Act is amended by striking out “Lieutenant Governor in Council” in the portion before clause (

a) and substituting “Minister”. (2) Clauses 5 (1) (c.1) and (

d) of the Act are amended by striking out “Farm Products Marketing Agencies Act (Canada)” wherever it appears and substituting in each case “Farm Products Agencies Act (Canada)”. 17 Clause 5.1 (1) (

a) of the Act is amended by striking out “Farm Products Marketing Agencies Act (Canada)” and substituting “Farm Products Agencies Act (Canada)”. 18

Section 6 of the Act is amended by striking out “and the Lieutenant Governor in Council may fix their remuneration and allowance for expenses” at the end. FARM PRODUCTS GRADES AND SALES ACT 19 The Farm Products Grades and Sales Act is repealed. Farm Products Payment Act 20 Paragraph 1 of clause 7 (1) (

b) of the Farm Products Payment Act is repealed. FARM REGISTRATION AND FARM ORGANIZATIONS FUNDING ACT, 1993 21 The Farm Registration and Farm Organizations Funding Act, 1993 is amended by adding the following heading before

section 1:

DEFINITIONS, APPOINTMENT OF DIRECTOR 22 The Act is amended by adding the following section: Appointment of Director 1.1

(1) The Minister shall appoint a Director for the purposes of this Act unless, (

a) the administration of the provisions of this Act and the regulations that refer to the Director have been delegated to a Farm Registration Administrator; or (

b) the Minister has designated a Crown agency under

section 31.13. Same

(2) If the administration of any provisions of this Act and the regulations are delegated to a Farm Registration Administrator, the Farm Registration Administrator shall appoint a Director from among its employees to perform any duty or exercise any power under those provisions. Same

(3) If the Minister designates a Crown agency under

section 31.13, the Crown agency shall appoint a Director from among its employees for the purposes of this Act. Same

(4) An appointment made under this

section may be subject to such conditions as the person making the appointment considers necessary. References to Director

(5) For the purposes of this Act, a reference to the Director in a provision is a reference to the Director appointed by the Minister, by a Farm Registrati on Administrator or by the Crown agency designated under

section 31.13, as determined in accordance with the following rules: 1. If a Farm Registration Administrator has been delegated responsibility for the administration of the provision, the reference is to the Director appointed by the Farm Registration Administrator for the purposes of that provision.

9 2. Absent any delegation of the administration of the provision to the Farm Registration Administrator, the reference is to, i. the Director appointed by the Crown agency designated under

section 31.13, or ii. if no Crown agency has been designated under that section, the Director appointed by the Minister. 23 Sections 2 and 3 of the Act are repealed and the following substituted: FARMING BUSINESS REGISTRATION NUMBERS Requirement to obtain farming business registration number 2

(1) A person who carries on a farming business shall obtain a farming business registration number from the Director in accordance with the regulations if the annual gross incom e from the farming business, as determined in accordance with the regulations, is equal to or greater than the prescribed amount. Obtaining a farming business registration number

(2) A person who is required to obtain a farming business registration number shall do so in accordance with the regulations. Assignment of registration number

(3) The Director shall assign farming business registration numbers in accordance with the regulations. Validity of registration number

(4) A farming business registration number expires at such time as set out in or determined in accordance with the regulations. Renewal of registration number

(5) A person who holds a farming business registration number shall renew it in accordance with the regulations at such time as may be determined by regulations. Use of information 3 The Ministry may use the information obtained under this Act to develop policies and programs for the advancement of agriculture, food and rural affairs for the Ministry, to develop and implement methods of distributing information about the policies and programs, to develop mailing lists and for the prescribed purposes. 24 (1) Subsections 4 (2) and (3) of the Act are repealed. (2) Subsection 4 (4) of the Act is repealed and the following substituted: Notice

(4) The Tribunal shall give written notice of all applications under this

section to any prescribed persons. 25 (1) Subsection 5 (1) of the Act is amended by striking out “or whether an organization’s accreditation is to be renewed” at the end. (2) Subsection 5 (3) of the Act is amended by striking out “or renewal of accreditation”. 26 (1) Subsection 6 (1) of the Act is amended by adding “applying for accreditation” after the words “that the organization” wherever it appears. (2) Subsection 6 (2) of the Act is amended by striking out “three years starting at the prescribed time” and substituting “the prescribed period”.

(3) Section 6 of the Act is amended by adding the following subsection: Service

(3) The Tribunal shall serve a copy of the order or decision made under this

section on the organization applying for accreditation and any prescribed person. 27

Section 7 of the Act is repealed and the following substituted: Renewal 7

(1) Any accredited farm organization may apply to the Tribunal for a renewal of its accreditation if it does so during the prescribed period. Preserving status

(2) The accreditation of an accredited farm organization that applies for a renewal of the accreditation during the prescribed period remains in effect until the Tribunal makes its order or decision pursuant to the application. Notice

(3) The Tribunal shall give written notice of all renewal applications under this

section to any prescribed persons.

10 Hearing on application 7.1

(1) The Tribunal shall hold a hearing before determining whether an accredited farm organization’s accreditation is to be renewed. Submissions

(2) Any person or organization entitled to notice of a renewal application may make submissions in a hearing relating to whether the organization’s accreditation is to be renewed. Party

(3) The accredited farm organization seeking a renewal of its accreditation is a party to the hearing. Order on application 7.2

(1) If the Tribunal determines that the organization meets th e prescribed criteria for an accredited farm organization, the Tribunal shall, by order, renew its accreditation. Term of accreditation

(2) The accreditation of a farm organization, as renewed by the Tribunal, is in effect for the prescribed period. Order on application for renewal of accreditation 7.3

(1) If the Tribunal determines that an organization no longer meets the prescribed criteria for an accredited farm organization, the Tribunal may, (

a) refuse to renew the organization’s accreditation; or (

b) issue, by order, a provisional accreditation and require the organization to meet specified conditions within a specified period of time in order to have its accreditation renewed. Same

(2) The Tribunal may provide that an organization that has been i ssued a provisional accreditation is not entitled to be forwarded payments under subsection 21 (3). Further hearing

(3) If an organization that has been issued a provisional accreditation does not meet the specified conditions within the specified period of time, the Tribunal may, after holding a hearing under

section 7.1, make a further order under subsection (1). Non-renewal of accreditation

(4) An order refusing to renew an organization’s accreditation takes effect on the date set out in the ord er. Service

(5) The Tribunal shall serve a copy the order or decision made under this

section on the organization applying for renewal and any prescribed person. Suspended payments

(6) The following rules apply if the Tribunal, under subsection (2), suspended the forwarding of payments to the organization: 1. If the accreditation is renewed, any payments that were not forwarded to the organization shall be forwarded to the organization. 2. If the accreditation is not renewed, any payments that were not forwarded to the organization shall be returned to the person who made the payment in order to be re-directed to another accredited farm organization. 28 Subsection 8 (3) of the Act is repealed. 29 (1) Subsection 10 (2) of the Act is repealed and the following substituted: Same

(2) The Tribunal may provide that an accredited farm organization that is required to meet specified conditions within a specified period of time is not entitled to be forwarded payments under subsection 21 (3) until the Tribunal issues an order finding that the accredited farm organization has met the conditions within the period of time.

(2) Section 10 of the Act is amended by adding the following subsections: Service

(5) The Tribunal shall serve a copy of the order or decision made under this

section on th e organization affected by the order or decision and any prescribed person.

11 Suspended payments

(6) The following rules apply if the Tribunal, under subsection (2), suspended the forwarding of payments to the organization: 1. If the accreditation is renew ed, any payments that were not forwarded to the organization shall be forwarded to the organization. 2.

If the accreditation is not renewed, any payments that were not forwarded to the organization shall be returned to the person who made the payment in order to be re-directed to another accredited farm organization. 30 (1) Subsection 11 (4) of the Act is amended by striking out “on the Ministry, the organization that made the application and the remaining accredited farm organizations” and substituting “ on the Director, the organization that made the application and any prescribed person”. (2) Subsection 11 (6) of the Act is amended by striking out “Ministry” wherever it appears and substituting in each case “Director” and by striking out “it gets” and substituting “receiving”. 31 Sections 12 to 20 of the Act are repealed and the following substituted: ELIGIBLE FRANCOPHONE ORGANIZATION Francophone organization 12

(1) One francophone organization representing farmers in the Province may be eligible to receive special funding under this Act if it, (

a) serves the socioeconomic and cultural interests of francophone farmers; (

b) provides services to farming businesses in the French language; and (

c) meets the prescribed criteria for eligibility. Application for special funding

(2) A francophone organization wishing to receive special funding shall apply to the Tribunal. Notice

(3) The Tribunal shall give written notice of all applications under this

section to any prescribed persons. No application

(4) Despite subsection (2), the Tribunal shall not accept any applications under this

section if there is a francophone organization receiving special funding at the time of the application. Hearing on application 13

(1) The Tribunal shall hold a hearing befor e determining whether the applicant francophone organization should receive special funding. Submissions

(2) A person or organization entitled to notice of an application may make submissions in a hearing relating to whether the francophone organization is eligible to receive special funding and its ability to meet any criteria prescribed for the purposes of clause 12 (1) (c). Party

(3) The francophone organization seeking to receive special funding is a party to the hearing. Order on application 14

(1) If more than one organization applies for special funding and the Tribunal determines that only one organization meets the conditions for eligibility set out in subsection 12 (1), the Tribunal shall, by order, declare it to be the organization to receive special funding. Several applicants

(2) If more than one organization applies for special funding and the Tribunal determines that more than one organization meets the conditions for eligibility set out in subsection 12 (1), the Tribunal shall, by order, declare the organization that, in the Tribunal’s opinion, best meets any criteria prescribed for the purposes of clause 12 (1) (

c) as the organization to receive special funding. Service

(3) The Tribunal shall serve a copy of any order or decision made under this

section on all francophone organizations applying to receive special funding and any prescribed person.

12 Terms of eligibility for francophone organization

(4) The francophone organization shall receive special funding for the prescribed period of time. Allocation of special funding to eligible francophone organization

(5) The special funding shall be allocated to the francophone organization in the prescribed manner. Organization is accredited 15

(1) If the francophone organization receiving special funding is accredited under this Act, it shall no longer receive special funding. One accreditation

(2) No other francophone organization shall receive special funding while the francophone organization referred to in subsection (1) is accredited. Renewal 16

(1) The francophone organization receiving special funding may apply to the Tribunal to continue to receive special funding if it does so during the prescribed period. Preserving status

(2) If the francophone organization applies to continue to receive special funding during the prescribed period, despite subsection 14 (4), the organization continues to receive special funding until the Tribunal makes a decision in respect of th e application. Notice

(3) The Tribunal shall give notice of all applications under this

section to any prescribed persons. Hearing of application 17

(1) The Tribunal shall hold a hearing before determining whether the francophone organization continues to be eligible to receive special funding Submissions

(2) Any person or organization entitled to notice of the application may make submissions in a hearing relating to whether the francophone organization is still eligible to receive special funding. Party

(3) The francophone organization seeking to continue receiving special funding is a party to the hearing. Order on application for renewal of eligibility to receive special funding 18

(1) If the Tribunal determines that the francophone organization no longer meets the conditions for eligibility set out in subsection 12 (1), the Tribunal may, by order, (

a) declare the francophone organization ineligible to receive special funding; or (

b) provide that the francophone organization may continue to receive special funding if it meets specified conditions within a specified period of time. Provisional renewal of eligibility to receive special funding

(2) In making an order under clause (1) (b), the Tribunal may provide that the francophone organization is not to receive special funding until it meets the specified conditions within the specified period of time. Further hearing

(3) If an order is made under clause (1) (

b) and the francophone organization does not meet the specified conditions within the specified time, the Tribunal may, after holding a hearing under

section 17, make a further order under subsection (1). Non-renewal of eligibility to receive funding

(4) An order declaring that the francophone organization is no longer eligible to receive special funding takes effect on the date set out in the order. Service

(5) The Tribunal shall serve a copy of any order or decision made under this

section on the francophone organization and any prescribed person. Suspended payments

(6) The following rules apply if the Tribunal, under subsection (2), suspended the receipt of special funding to the francophone organization:

13 1. If the francophone organization is found to be eligible, any suspended payments shall be paid to the francophone organization. 2. If the francophone organization is found to no longer be eligible, any suspended payments shall be returned to the person who made the payment. Review of eligibility 19

(1) If a panel of at least three members of the Tribunal believes that the francophone organization is no longer elig ible for special funding, the chair may start a review of the organization’s eligibility to receive special funding. Notice

(2) The Tribunal shall give written notice of any review under this

section to the francophone organization and to any prescribed person. Hearing on review 20

(1) If a review is started pursuant to

section 19, the Tribunal shall hold a hearing before determining whether the francophone organization continues to be eligible to receive special funding. Party

(2) The francophone organization is a party to the hearing. Submissions

(3) Any person or organization entitled to notice of the review may make submissions in a hearing relating to whether the francophone organization is still eligible to receive special funding. Order respecting continued eligibility of francophone organization 20.1 If the Tribunal determines that the francophone organization no longer meets the conditions for eligibility set out in subsection 12 (1), the Tribunal may make an order referred to subsectio n 18 (1) and

section 18 applies, with necessary modifications, in respect of the order. Relinquishing eligibility to receive special funding 20.2

(1) A francophone organization may apply to the Tribunal to no longer receive special funding. Notice

(2) The Tribunal shall give any prescribed persons written notice of every application that it receives under this section. Revocation by Tribunal

(3) The Tribunal shall, without a hearing, make an order that the francophone organization shall no longer receive special funding. Service

(4) The Tribunal shall serve a copy of the order on the francophone organization and any prescribed person. Effective date

(5) The francophone organization shall stop receiving special funding as of the date set out in the order . Suspension of payment

(6) An accredited farm organization may stop providing special funding to the francophone organization, as of the date set out in the order referred to in subsection (3). 32

Section 21 of the Act is repealed and the following substituted: PAYMENTS TO ACCREDITED FARM ORGANIZATIONS Payment 21

(1) Every person who is required to obtain a farming business registration number under

section 2 shall make a payment in the prescribed amount to an accredited farm organization. Payment remitted to Director

(2) A payment required under subsection (1) shall be remitted to the Director in accordance with the regulations. Forwarding payments to organizations

(3) The Director shall promptly forward all payments received under subsection (2) to th e appropriate accredited farm organization in accordance with the regulations.

14 Administration fee

(4) The Director may charge a fee to accredited farm organizations in the prescribed amount for anything done by the Director under this Act. Revoking farming business registration number

(5) The Director may revoke a farming business registration number that was assigned to a person under subsection 2 (3) if the payment that was remitted to the Director under subsection (2), (

a) was remitted in the form of a cheque that was subsequently returned with an indication that there were not sufficient funds to cover the cheque; or (

b) was remitted in a form other than a cheque and ultimately all or part of the payment was not collected and was not paid to the accredited farm organization. Reassignment of registration number

(6) If a person’s farming business registration number is revoked under subsection (5), the Director may assign a farming business registration number to the person if the person makes the payment that was required under subsection (1) and that payment is received in full by the accredited farm organization. Refund

(7) Despite subsection (1), any person who makes a payment to an accredited farm organization under this

section may apply, within the prescribed time and in the prescribed manner, for a refund of the payment. Same

(8) Subject to subsection (9), an accredited farm organization shall provide a refund to the person who made the payment in accordance with the regulations. Same

(9) A refund shall not be paid to a person who does not have a valid farming business registration number. No membership

(10) Payment to an accredited farm organization under this

section does not confer membership in the accredited farm organization. 33 (1) Subsection 22 (1) of the Act, as re -enacted by subsection 8 (1) of

Schedule 1 to the Restoring Ontario’s Competitiveness Act, 2019, is amended by striking out “registering the farming business” and substituting “obtaining a farming business registration number” and by striking out “register the farming business” and substituting “obtain a farming business registration number”. (2) Subsection 22 (2) of the Act, as re -enacted by subsection 8 (1) of

Schedule 1 to the Restoring Ontario ’s Competitiveness Act, 2019, is amended by striking out “registering the farming business” and substituting “obtaining a farming business registration number” and by striking out “register the farming business” and substituting “obtain a farming business registration number”. (3) Subsection 22 (3) of the Act, as re -enacted by subsection 8 (1) of

Schedule 1 to the Restoring Ontario’s Competitiveness Act, 2019, is amended by striking out “registering the farming business” and substituting “obtaining a farming business registration number” and by striking out “register the farming business” and substituting “obtain a farming business registration number”. (4) Subsection 22 (6) of the Act, as re -enacted by subsection 8 (2) of

Schedule 1 to the Restoring Ontar io’s Competitiveness Act, 2019 , is amended by striking out “registering a farming business” and substituting “obtaining a farming business registration number” and by striking out “register the farming business” and substituting “obtain a farming business registration number”. 34 The Act is amended by adding the following section: DESIGNATION OF CROWN AGENCY Designation of Crown agency 31.13

(1) The Minister may designate a Crown agency that meets the prescribed conditions to administer this Act. Agency agreement required

(2) The Minister may not designate a Crown agency under subsection (1) unless the Minister has entered into an agreement with the prospective agency respecting the performance of its functions under this Act.

15 Content of the agreement

(3) The agreement shall include all such matters that the Minister considers necessary to ensure the effective administration of this Act. Previous administration

(4) The designation of a Crown agency under this

section does not invalidate anything that was done by the Minister, the Ministry or AgriCorp to administer this Act or the regulations before the designation. Revocation of designation

(5) The Minister may revo ke the designation made under subsection (1) after giving the Crown agency such notice of his or her intention to revoke the designation as the Minister considers reasonable. 35

Section 33 of the Act is repealed and the following substituted: Regulations, Lieutenant Governor in Council 33

(1) The Lieutenant Governor in Council may make regulations, (

a) prescribing the amount of annual gross income for the purposes of

section 2 and respecting the manner of determining the annual gross income and the period for which it is to apply; (

b) defining any word or expression used in this Act that has not already been expressly defined in this Act; (

c) respecting any matter advisable to carry out effectively the intent and purpose of the regulations made under thi s subsection. Regulations, Minister

(2) The Minister may make regulations, (

a) governing the manner in which farming business registration numbers are obtained and assigned, including establishing classes of farming business registration numbers, any forms to be used and any relevant timeframes; (

b) governing the imposition of conditions on farming business registration numbers and any consequences of non- compliance with those conditions; (

c) requiring persons to pay a penalty for failing to obtain a farming business registration number at the required time; (

d) exempting persons from the requirement of having to obtain a farming business registration number under

section 2, including for a specified period of time, and prescribing the reasons for the exemption and any conditions to be met in order to be exempt; (

e) authorizing persons whose farming business d oes not have a gross annual income equal to or greater than the amount prescribed for the purposes of

section 2 to obtain a farming business registration number, including for a specified period of time and prescribing the reasons for the authorization and setting out any conditions that have to be met in order to benefit from the authorization; (

f) governing the validity of farming business registration numbers, including their expiry and renewal; (

g) prescribing purposes for which the Ministry may use information obtained under this Act; (

h) prescribing persons who are to be given written notice of any hearing or review before the Tribunal under this Act or who are to be served with a copy of any order or decision made by the Tribunal under this Act; (

i) respecting payments made to an accredited farm organization under

section 21, including the amount of the payments, the manner in which the payments are to be made and the refund of such payments; (

j) governing fees that may be charged to accredited farm organizations under subsection 21 (4), including the amount of fees and the manner in which they must be paid and the time at which they must be paid; (

k) respecting the question of whether a farm organization provides its services to farming businesses in the French language; (

l) respecting the length of time for which farm organizations are accredited and the length of time for which the francophone organization is eligible to receive special funding; (

m) prescribing the period during which an application must be filed for the purposes of subsections 7 (1) and 16 (1); (

n) respecting the criteria to be used for accrediting farm organizations; (

o) respecting criteria for eligibility for special funding; (

p) respecting allocation of money to the francophone organization eligible for special funding;

16 (

q) respecting anything that this Act requires or authorizes to be prescribed, or to be done in accordance with the regulations, specified in the regulations or determined by the regulations, unless the matter is referred to in subsection (1); (

r) respecting any matter advisable to carry out effectively the intent and purpose of the regulations made under this subsection. Same

(3) A regulation made under clause (1) (

a) may provide that the manner of determining annual gross income be based on the calculations required to be made under the Income Tax Act (Canada). Same

(4) A regulation made under clause (2) (

a) may require different classes of persons to apply for a farming business registration number at different times. Same

(5) A regulation made under clause (2) (

i) may require different classes of persons referred to in subsection 21 (1) to pay different amounts. Same

(6) A regulation made under clause (2) (

l) shall not set a term of less than three years. FISH INSPECTION ACT 36 Subsection 2 (2) of the Fish Inspection Act is amended by adding “or any class of persons designated as inspectors for the purposes of the Safe Food for Canadians Act (Canada)” after “Fish Inspection Act (Canada)”. 37

Section 12 of the Act is repealed. 38 The Act is repealed. FOOD SAFETY AND QUALITY ACT, 2001 39 (1) Clause 46 (3) (

c) of the Food Safety and Quality Act, 2001 is amended by striking out “before

section 58 comes into force” at the end. (2) Clause 46 (3) (

g) of the Act is amended by adding “the Safe Food for Canadians Act (Canada)” after “Plant Protection Act (Canada)”. LIVESTOCK AND LIVESTOCK PRODUCTS ACT 40 (1) Subsection 16 (3) of the Livestock and Livestock Products Act is repealed and the following substituted: Rolling incorporation

(3) A regulation made under this

section that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made if, (

a) the regulation, by reference to the document, establishes any grade name, standard or grade; and (

b) the document is incorporated by reference in a regulation made under

an Act of Canada that also provides that the reference to the document includes amendments made to the document from time to time after the regulation is made. (2) Subsection 16 (3.1) of the Act is repealed. LIVESTOCK MEDICINES ACT 41 The definition of “Committee” in

section 1 of the Livestock Medicines Act is repealed. 42

Section 2 of the Act is repealed. MILK ACT 43

(1) The French version of paragraph 2 of subsection 7 (1) of the Milk Act is amended by striking out “assorties à chacune d’entre elles” and substituting “dont chacune d’entre elles est assortie”.

(2) The French version of paragraph 6 of subsection 7 (1) of the Act is amended by striking out “l’application, le montant et l’emploi des pénalités” and substituting “l’imposit ion, le montant et l’affectation des pénalités” and by striking out “assortie au permis” and substituting “dont le permis est assorti”.

(3) The French version of paragraph 12 of subsection 7 (1) of the Act is repealed and the following substituted: 12. exiger et prévoir que toute personne ou catégorie de personnes qui se livre à la production, à la commercialisation ou à la transformation d’un produit réglementé fournisse une sûreté, une preuve de solvabilité ou un cautionnement

17 d’exécution et prévoir l’a dministration, la confiscation et l’emploi des sommes ou des sûretés concernées et de leur produit;

(4) The French version of paragraph 13 of subsection 7 (1) of the Act is amended by striking out “immédiats” and substituting “rapides”.

(5) The French version of paragraph 20 of subsection 7 (1) of the Act is amended by striking out “le recouvrement” and substituting “la perception”.

(6) The French version of paragraph 23 of subsection 7 (1) of the Act is amended by striking out “qui peuvent être exigibles”.

(7) The French version of subparagraph 24 i of subsection 7 (1) of the Act is amended by striking out “recouvrer” and substituting “percevoir”.

(8) The French version of subparagraph 24 ii of subsection 7 (1) of the Act is amended by striking out “ jusqu’à concurrence de” and substituting “, qui ne peut pas dépasser”. 44

(1) The French version of paragraph 5 of subsection 19 (1) of the Act is amended by striking out “l’application, le montant et l’emploi des pénalités” and substituting “l’imposition, le montant et l’affectation des pénalités” and by striking out “assortie au permis” and substituting “dont est assorti le permis”.

(2) The French version of paragraph 6 of subsection 19 (1) of the Act is repealed and the following substituted: 6. exiger et prévoir que tout distributeur, toute catégorie de distributeurs ou toute personne qui se livre à l’exploitation d’une usine ou d’une catégorie d’usines fournisse une sûreté, une preuve de solvabilité ou un cautionnement d’exécution; (3) Subsection 19 (3) of the Act is repealed and the following substituted: Rolling incorporation

(3) A regulation made under this

section that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made if, (

a) the regulation, by reference to the document, establishes grades or standards, grade names or marks, requirements for packaging, packing, marking or labelling or specifications for containers or packages; and (

b) the document is incorporated by reference in a regulation made under

an Act of Canada that also provides that the reference to the document includes amendments made to the document from time to time after the regulation is made. (4) Subsection 19 (4) of the Act is repealed. COMMENCEMENT Commencement 45

(1) Subject to subsection (2), this

Schedule comes into force on the day the Better for People, Smarter for Business Act, 2019 receives Royal Assent. (2) Subsections 9 (1), (3) and (5) and sections 12 to 14, 21 to 35 and 38 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 5 MINISTRY OF THE ATTORNEY GENERAL LEGISLATION ACT, 2006 1

Section 72 of the Legislation Act, 2006 is repealed and the following substituted: Succession 72

(1) A change of reigning sovereign does not affect anything done or begun under the previous reigning sovereign, and all matters continue as if no succession had occurred. Same, offices and oaths

(2) For greater certainty, a change of reigning sovereign, (

a) does not affect any appointment or the holding of any office under the Crown; and (

b) does not require the retaking of any related oath or affirmation. PUBLIC OFFICERS ACT 2 Sections 2 and 3 of the Public Officers Act are repealed. COMMENCEMENT Commencement 3 This

Schedule comes into force on the day the Better for People, Smarter for Business Act, 2019 receives Royal Assent.

SCHEDULE 6 MINISTRY OF COLLEGES AND UNIVERSITIES ALGOMA UNIVERSITY ACT, 2008 1

(1) Section 6 of the Algoma University Act, 2008 is repealed and the following substituted: Degrees, etc. 6 The University may, (

a) confer bachelor degrees in any arts or science program; and (

b) award diplomas and certificates, except post-graduate diplomas and certificates, in any and all branches of learning.

(2) Section 6 of the Act, as re-enacted by subsection (1), is repealed and the following substituted: Degrees, etc. 6 The University may confer degrees, including honorary degrees, and award certificates and diplomas in any and all branches of learning. 2 The

Schedule to the Act is repealed. ONTARIO COLLEGE OF ART & DESIGN UNIVERSITY ACT, 2002 3 (1) Subsection 4 (2) of the Ontario College of Art & Design University Act, 2002 is repealed and the following substituted: Degrees, diplomas

(2) The University may confer, (

a) the diploma of Associate of the Ontario College of Art & Design University; and (

b) the degrees of, (

i) Bachelor of Arts, Bachelor of Fine Arts and Bachelor of Design, (ii) Master of Arts, Master of Fine Arts and Master of Design, and (iii) Doctor of Philosophy in respect of a program in Arts, Fine Arts or Design. (2) Subsection 4 (2) of the Act, as re -enacted by subsection (1), and subsection 4 (3) are repealed and the following substituted: Degrees, etc.

(2) Subject to subsection (3), the University may confer degrees, including honorary degrees, and award certificates and diplomas in any and all branches of learning. Same

(3) The authority of the University to confer credentials under subsection (2) shall be exercised in a manner consistent with the objects of the University set out in

section 3. COMMENCEMENT Commencement 4 This

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

SCHEDULE 7 MINISTRY OF ECONOMIC DEVELOPMENT, JOB CREATION AND TRADE PARTNERSHIPS FOR JOBS AND GROWTH ACT, 2014 1 The Partnerships for Jobs and Growth Act, 2014 is repealed. COMMENCEMENT Commencement 2 This

Schedule comes into force on the day the Better for People, Smarter for Business Act, 2019 receives Royal Assent.

SCHEDULE 8 MINISTRY OF ENERGY, NORTHERN DEVELOPMENT AND MINES CITY OF TORONTO ACT, 2006 1 The definition of “local body” in subsection 15 (5) of the City of Toronto Act, 2006 is amended by striking out “an area services board, local services board” and substituting “a local services board”. MINING ACT 2 Subsection 52 (2.1) of the Mining Act is amended by striking out “certified” and substituting “filed”. 3 The French version of

section 124 of the Act is amended by striking out “constables” and substituting “agents de police”. 4

(1) The definition of “closed out” in subsection 139 (1) of the Act is amended by adding “filed” before “closure plan”.

(2) The definition of “closure plan” in subsection 139 (1) of the Act is repealed and the following substituted: “closure plan” means a plan prepared under this Part to rehabilitate a site or mine hazard; (“plan de fermeture”)

(3) The definition of “rehabilitate” in subsection 139 (1) of the Act is amended by striking out “measures, including protective measures, taken” in the portion before clause (

a) and substituting “to take measures, including protective measures”. 5 Subsection 139.1 (2) is amended by striking out “being subject to a closure plan” and substituting “a filed closure plan”. 6 The heading before

section 140 and sections 140 and 141 of the Act are repealed and the following substituted: ADVANCED EXPLORATION AND MINE PRODUCTION — CLOSURE PLANS Advanced exploration 140

(1) No proponent shall commence advanced exploration unless the following conditions have been satisfied: 1. The proponent has given a Notice of Project Status to the Director in the prescribed manner and within the prescribed time period, if any. 2. If the Director has required the proponent, within 45 days after receiving the notice under paragraph 1, to give public notice of the advanced exploration, the proponent has given public notice at the prescribed time and in the prescribed manner. 3.

The Director is satisfied that appropriate consultation with Aboriginal communities has been carried out in accordance with the regulations , which may include taking into account arrangements that have been reached with Aboriginal communities potentially affected by the advanced exploration. 4. After the conditions set out in paragraphs 2 and 3 have been met, the proponent has submitted to t he Director a closure plan that, i. includes financial assurance as required under this Act and the regulations, and ii. meets any other prescribed requirements. 5.

The proponent has received written confirmation from the Director that the closure plan has been filed. Filing or returning closure plan

(2) No later than 45 days after a proponent has submitted a closure plan, the Director shall, (

a) file the closure plan and give the proponent written confirmation that the closure plan has been filed as of the date of the written confirmation; or (

b) decide not to file the closure plan and return it to the proponent for resubmission, if the submitted closure plan does not meet the requirements of this Act and the regulations. Mine production 141

(1) No proponent shall commence mine production unless the following conditions have been satisfied: 1. The proponent has given a Notice of Project Status to the Director in the prescribed manner and within the prescribed time period, if any. 2. The proponent has given public notice at the prescribed time and in the prescribed manner.

22 3. The Director is satisfied that appropriate consultation with Aboriginal communities has been carried out in accordance with the regulations, which may include taking into account arrangements that have been reached with Aboriginal communities potentially affected by the mine production. 4. After the conditions set out in paragraphs 2 and 3 have been met, the proponent has submitted to the Director a closure plan that, i. includes financial assurance as required under this Act and the regulations, and ii. meets any other prescribed requirements. 5. The proponent has received written confirmation from the Director that the closure plan has been filed. Filing or returning closure plan

(2) No later than 45 days after a proponent has submitted a closure plan, the Director shall, (

a) file the closure plan and give the proponent written confirmation that the closure plan has been filed as of the date of the written confirmation; or (

b) decide not to file the closure plan and return it to the proponent for resubmission, if the submitted plan does not meet the requirements of this Act and the regulations. Recommencing after suspension, inactivity 141.1

(1) This

section applies in respect of a proponent who has a filed closure plan under

section 140 or 141 for a project if the project has been in a state of temporary suspension or inactivity. Prohibition

(2) A proponent mentioned in subsection (1) shall not recommence the advanced exploration or mine production after the temporary suspension or inactivity unless the following conditions have been met: 1. The proponent has given a new Notice of Project Status and, if applicable, a Notice of Material Change to the Director, in the prescribed manner and within the prescribed time period, if any. 2. An amendment to the filed closure plan, if required under

section 143, has been filed in accordance with that section. Compliance with filed closure plan 141.2 A proponent who has a filed closure plan or a filed amendment to a closure plan shall comply with the closure plan or the closure plan as amended, as the case may be. 7 The heading before

section 143 and

section 143 of the Act are repealed and the following substituted: AMENDMENTS, CHANGES TO CLOSURE PLANS Amendments proposed by proponent 143

(1) A proponent shall not undertake advanced exploration or mine production activities that are not included in and consistent with the proponent’s filed closure plan for the project unless the following conditions have been satisfied: 1. The proponent has given a Notice of Material Change to the Director in the prescribed manner. 2. If the Director has required the proponent, within 45 days after receiving the notice under paragraph 1, to give public notice of the proposed amendment, the proponent has given public notice at the prescribed time and in the prescribed manner. 3.

The Director is satisfied that appropriate consultation with Aboriginal communities has been carried out in accordance with the regulations, which may include taking into account arrangements that have been reached with Aboriginal communities potentially affected by the activities. 4. After the conditions set out in paragraphs 2 and 3 have been m et, the proponent has submitted to the Director an amendment to the closure plan that, i. includes financial assurance as required under this Act and the regulations, and ii. meets any prescribed requirements. 5.

The proponent has received written confi rmation from the Director that the amendment to the closure plan has been filed. Amendments, ordered by Director

(2) The Director may at any time, by order, require that the proponent submit, within the time specified in the order and in accordance with t he order, amendments to a filed closure plan or amendments to filed amendments to a closure plan, which may include requirements to increase the amount of financial assurance.

23 Filing or returning of amendment to closure plan

(3) No later than 45 days after a proponent has submitted an amendment to a closure plan, the Director shall, (

a) file the amendment and give the proponent written confirmation that the amendment has been filed as of the date of the written confirmation; or (

b) decide not to file the amendment and return it to the proponent for resubmission, if the submitted amendment does not meet the requirements of this Act and the regulations. Specified changes by order 143.1

(1) The Director may at any time, by order, require changes to a filed closure plan or to filed amendments to a closure plan. Same, mine hazard under s. 147 (1)

(2) If a change ordered under subsection (1) is to a closure plan for a mine hazard under subsection 147 (1) or to amendments to such a closure plan and the order requires that a new

schedule for completing the rehabilitation of the mine hazard be submitted, the following rules apply: 1. The person affected by the order shall submit the new

schedule immediately. 2. The portion of the order that requires the submission of a new

schedule for completing the rehabilitation of the mine hazard shall not be, i. referred to an independent third party under subsection (3), or ii. appealed under clause 152 (1) (b). Referral to independent third party

(3) Subject to paragraph 2 of subsection (2), if changes are required under subsection (1), in addition to appealing any of them to the Tribunal under clause 152 (1) (b), the proponent may, within 30 days after receiving the order requiring changes, noti fy the Director of the desire to have any of them that are not appealed to the Tribunal referred for a decision to an independent third party agreed upon by the proponent and the Director. No agreement on third party

(4) If the proponent and the Director are unable to agree on an independent third party within 45 days after the Director receives the notice of referral under subsection (3), the proponent who wishes to dispute the changes may appeal to the Tribunal any of the changes that the proponent desired to have referr ed, despite the 30 day period provided for appeal in subsection 152 (2), within 75 days after sending the notice of referral, failing which the changes that are not appealed shall be deemed to be accepted by the proponent. Costs

(5) All costs incurred by an independent third party in connection with any work performed pursuant to a referral shall be borne by the proponent. Decision final

(6) The decision of an independent third party is final and binds the proponent and the Director, and an amendment to t he closure plan shall be deemed to have been filed accordingly. 8 (1) Subsection 145 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following: Form and amount of financial assurance

(1) The financial assurance required as part of a closure plan shall be in one of the following forms and shall be in the amount specified in the closure plan or amendment to a closure plan submitted to the Director, as the case may be: . . . . . (2) Subsection 145 (2) of the Act is repealed and the following substituted: Director’s order

(2) If the Director has reasonable and probable grounds for believing that a rehabilitation measure required by a filed closure plan in respect of which financial as surance was given has not been or will not be carried out in accordance with the plan, he or she may, by order, provide for the performance of the rehabilitation measure in the manner set out in subsection (5). (3) Clause 145 (4) (

a) of the Act is amended by striking out “filed” and substituting “submitted”. 9 Subsection 147 (1) of the Act is amended by striking out “to file within the time specified in the order a certified closure plan to rehabilitate the mine hazard, and the proponent or prior holder shall file the certified closure plan” and

24 substituting “to submit within the time specified in the order a closure plan to rehabilitate the site or mine hazard and the proponent or prior holder shall submit the closure plan”. 10 (1) Subsection 152 (1) of the Act is repealed and the following substituted:

(1) A proponent may appeal to the Tribunal, (

a) an order requiring the submission of a closure plan under subsection 147 (1); (

b) an order requiring changes to a filed closure plan or to filed amendments to a closure plan under

section 143.1; or (

c) an order for the performance of rehabilitation measures under subsection 145 (2). (2) Subsection 152 (5) of the Act is amended by striking out “changes to a closure plan or to amendments to a closu re plan” and substituting “changes to a filed closure plan or to filed amendments to a closure plan”. (3) Subsection 152 (6) of the Act is amended by striking out “changes to a closure plan or to amendments to a closure plan” and substituting “changes to a filed closure plan or to filed amendments to a closure plan”. 11

(1) Subsection 153.2 (3) of the Act is amended by striking out “in accordance with a closure plan or, where no closure plan has been filed, with the prescribed standards for rehabilitation, the Director may order the proponent to comply with the closure plan” and substituting “in accordance with a filed closure plan or, where no closure plan has been filed, with the prescribed standards for rehabilitation, the Director may order the proponent to comply with the filed closure plan”.

(2) Subsection 153.2 (6) of the Act is repealed and the following substituted: Transfer of closure plan

(6) A proponent may transfer a filed closure plan to another person if the Director has consented in writing to the transfer and the transfer is carried out in accordance with such terms and conditions as the Director specifies in writing. 12 (1) Clause 164 (2) (

a) of the Act is amended by striking out “submitted” and substituting “filed, made or submitted”. (2) Clause 164 (2) (

b) of the Act is amended by striking out “filed or made” and substituting “filed, made or submitted”. 13 Subsection 176 (2) of the Act is amended by adding the following paragraph: 15. governing transitional matters arising from the en actment of

Schedule 8 to the Better for People, Smarter for Business Act, 2019 that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of the amendments to this Act made by that Schedule. MUNICIPAL ACT, 2001 14

(1) The definition of “local body” in subsection 19 (4) of the Municipal Act, 2001 is amended by striking out “an area services board, local services board” and substituting “a local services board”.

(2) The definition of “local board” in clause 269 (1) (

b) of the Act is amended by striking out “an area services board” at the beginning. (3) Subsection 338 (2) of the Act is amended by adding “or” at the end of clause (c), by striking out “or” at the end of clause (

d) and by striking out clause (e). NORTHERN SERVICES BOARDS ACT 15

(1) Part II of the Northern Services Boards Act is repealed.

(2) Ontario Regulation 331/99 (Support for a Proposal to Establish an Area Services Board) made under the Act is revoked. ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM ACT, 2006 16 Paragraph 5 of subsection 5 (1) of the Ontario Municipal Employees Retirement System Act, 2006 is repealed. COMMENCEMENT Commencement 17

(1) Subject to subsection (2), this

Schedule comes into force on the day the Be tter for People, Smarter for Business Act, 2019 receives Royal Assent.

(2) Sections 2 to 13 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 9 MINISTRY OF THE ENVIRONMENT, CONSERVATION AND PARKS ENVIRONMENTAL PROTECTION ACT 1

(1) The definition of “administrative penalty” in subsection 1 (1) of the Environmental Protection Act is amended by striking out “182.3” at the end and substituting “182.1 or 182.4”.

(2) The definition of “environmental penalty” in subsection 1 (1) of the Act is repealed.

(3) The definition of “Minister” in subsection 1 (1) of the Act is repealed and the following substituted: “Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)

(4) The definition of “regulated person” in subsection 1 (1) of the Act is repealed. 2 Clause 4 (1) (

h) of the Act is amended by striking out “under

Part VIII”. 3 Clause 9 (3) (

f) of the Act is amended by striking out “Part III” at the end and substituting “section 75.1 of the Highway Traffic Act or any other vehicle that uses or incorporates a motor as a source of power”. 4 (1) Subsection 14 (1) of the Act is amended by striking out “if the discharge causes or may cause an adverse effect” at the end and substituting “if the discharge causes or is likely to cause an adverse effect.” (2) Subsection 14 (2) of the Act is repealed and the following substituted: Exception (2) Subsection (1) does not apply to a discharge of a contaminant that arises when animal wastes are disposed of in accordance with normal farming practices, if the only adverse effect that is caused or that is likely to be caused by the discharge is an adverse effect referred to in clause (

a) of the definition of “adverse effect” in subsection 1 (1). 5

Part III of the Act is repealed. 6 Subsection 143 (1) of the Act is amended by adding “or” after clause (

b) and by striking out clause (c). 7

(1) Subsection 145.4 (1) of the Act is repealed.

(2) Subsection 145.4 (1.1) of the Act is amended by striking out “182.3 (13) (b)” and substi tuting “182.1 (14) (c)”.

(3) Subsection 145.4 (2) of the Act is amended by striking out “Subject to subsection (1)” at the beginning and by striking out “an environmental penalty or”. 8

Section 145.5 of the Act is repealed. 9 Clauses 156 (1) (

f) and (

g) of the Act are repealed. 10 (1) Clause 157 (1) (

b) of the Act is revoked and the following substituted: (

b) a provision of an order under this Act, other than an order under

section 99.1, 100.1 or 150, an order to pay an administrative penalty or an order of a court; (2) Subsection 157 (1) of the Act is amended by adding “or” at the end of clause (

c) and by adding the following clause: (

d) with respect to such programs under this Act relating to resource recovery or waste as the Minister may specify in a written direction under clause 24 (1) (

c) of the Resource Recovery and Circular Economy Act, 2016, subsections 41 (5) and 50 (4) of that Act and any other prescribed provision of that Act. (3) Subsection 157 (1.1) of the Act is repealed. (4) Subsection 157 (2) of the Act is amended by adding “and” at the end of clause (

b) and by striking out clause (b.1). 11 Clause 162.3 (6) (

a) of the Act is amended by striking out “environmental penalty” and substituting “administrative penalty”. 12 Subsections 166 (2) to (5) of the Act are repealed. 13

Section 172 of the Act is repealed. 14 Subsection 175.1 (1) of the Act is amended by adding the following clause: (b.1) regulating the quality of fuels and additives used or intended for use in fuels in Ontar io; 15 (1) Clause 176 (1) (

u) of the Act is amended by striking out “water where” and substituting “water, places where”. (2) Subsections 176 (2) and (2.1) of the Act are repealed. 16

Section 182.1 of the Act is repealed and the following substituted:

26 Administrative penalties 182.1

(1) The purpose of an administrative penalty issued under this Act is, (

a) to ensure compliance with this Act; and (

b) to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of non-compliance with this Act. Order by Director, provincial officer

(2) If the Director or, in the circumstances prescribed by the regulations, a provincial officer, is of the opinion that a person has committed a contravention prescribed by the regulati ons, the Director or provincial officer, as the case may be, may issue an order requiring the person to pay an administrative penalty in respect of the contravention. Prescribed contraventions

(3) For the purposes of subsection (2), a prescribed contravention may be in respect of, (

a) a provision of this Act or the regulations; (

b) a provision of an order under this Act; (

c) a term or condition of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under this Act; or (

d) with respect to such programs under this Act relating to resource recovery or waste as the Minister may specify in a written direction under clause 24 (1) (

c) of the Resource Recovery and Circular Economy Act, 2016, subsections 41 (5) and 50 (4) of that Act and any other prescribed provision of that Act. Limitation

(4) An order mentioned in subsection (2) shall be served not later than one year after the day on which evidence of the contravention first came to the attention of a provincial officer or the Director. Orders, corporations

(5) If the person who has contravened a provision or a term or condition referred to in subsection (3) is a corporation, the order shall not be issued to an employee, officer, director or agent of the corporation unless the circumstances prescribed by the regulations, if any, exist. Amount of penalty

(6) The amount of the administrative penalty shall be determined by the Director or the provincial officer, as the case may be, in accordance with the regulations. Total penalty

(7) Subject to subsection (8), the total amount of the administrative penalty shall not exceed $200,000 for each contravention. Same, monetary benefit

(8) The total amount of the administrative penalty referred to in subsection (7) may be increased by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the contravention. Contents of order

(9) An order mentioned in subsection (2) shall be served on the person who is required to pay the administrative penalty and shall, (

a) contain a description of the contravention to which the order relates, including, if appropriate, the date of the contravention; (

b) specify the amount of the penalty; (

c) give particulars respecting the time for paying the penalty and the manner of payment; and (

d) provide information to the person as to the person’s right to require, (

i) a hearing under

section 140, if the order is issued by the Director, or (ii) a review under

section 182.4, if the order is issued by a provincial officer. Absolute liability

(10) A requirement that a person pay an administrative penalty applies even if, (

a) the person took all reasonable steps to prevent the contravention; or

27 (

b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. Payment prevents conviction

(11) A person who pays an administrative penalty in respect of a contravention prescribed by the regulations for the purposes of this subsection shall not be convicted of an offence under this Act in respect of the same contravention. Contraventions where conviction not prevented

(12) With respect to a contr avention, other than a contravention to which subsection (11) applies, a person may be charged, prosecuted and convicted of an offence under this Act in respect of that contravention, regardless of whether the person has paid an administrative penalty in respect of and has remedied that contravention and, for greater certainty, nothing in subsection (10) affects the prosecution of the offence. No admission

(13) If a person pays an administrative penalty in respect of a contravention, the payment is not, fo r the purposes of any prosecution in respect of the contravention, an admission that the person committed the contravention. Regulations

(14) The Lieutenant Governor in Council may make regulations, (

a) specifying the form and content of orders under this section; (

b) prescribing circumstances in which a provincial officer is authorized or prohibited from issuing an order under subsection (2); (

c) governing the determination of the amounts of administrative penalties, for individuals and for corporations, including providing the maximum amount the Director or a provincial officer, as the case may be, may determine under subsection (6); (

d) prescribing circumstances in which a person is not required to pay an administrative penalty; (

e) prescribing procedures related to administrative penalties; (

f) governing the payment of interest and late payment penalties, including prescribing how the amounts of interest and late payment penalties are determined; (

g) respecting any matter necessary for the administration of the system of administrative penalties. 17

(1) Subsections 182.2 (1) and (2) of the Act are repealed and the following substituted: Special purpose account

(1) Administrative penalties paid under this Act shall be deposited in a separate account in the Consolidated Revenue Fund. Same

(2) For the purpose of the Financial Administration Act, money deposited in the account referred to in subsection (1) shall be deemed to be money paid to Ontario for a special purpose.

(2) Subsection 182.2 (3) of the Act is repealed and the following substituted: Payments out of account

(3) If money is deposited in the account referred to in subsection (1), the Minister may direct that money be paid out of the account for the following purposes: 1. To provide financial support for activities that relate to the protection and conservation of the natural environment. 2. To provide financial support for activities that improve awareness of issues relating to the protection and conservation of the natural environment. 3. Such other purposes as may be prescribed by the regulations. 18

Section 182.3 of the Act is repealed and the following substituted: Annual report 182.3

(1) The Minister shall, not later than March 31 in each year, publish a report that sets out the following information for each contravention in respect of which an order was made during the previous calendar year under a provision listed in subsection (2): 1. The name of the person against whom the order was made. 2. A description of the contravention.

28 3. The amount of the penalty. Provisions

(2) For the purposes of subsection (1), the following provisions are listed: 1. Sections 182.1 and 182.4. 2. Sections 40 and 40.1 of the Nutrient Management Act, 2002. 3. Sections 106.1 and 106.3 of the Ontario Water Resources Act. 4. Sections 41.1 and 41.2 of the Pesticides Act. 5.

Sections 121 and 121.1 of the Safe Drinking Water Act, 2002. 19 Subsection 182.4 (6) of the Act is amended by striking out “182.3 (13) (b)” and substituting “182.1 (14) (c)”. 20 (1) Subsection 186 (1.1) of the Act is repealed. (2) Subsection 186 (2) of the Act is amended by striking out “99.1, 100.1, 150 or 182.1” and substituting “99.1, 100.1 or 150 or an order to pay an administrative penalty”. (3) Subsection 186 (5) of the Act is amended by striking out “environmental penalty” at the end and substituting “administrative penalty”. 21 Subsection 188.1 (6) of the Act is repealed and the following substituted: Administrative penalties

(6) If an order is made requiring a person to pay an administrative penalty in respect of a contravention and the person is also convicted of an offence in respect of the same contravention, the court, in determining a penalty under

section 187, shall consider the order to pay the penalty to be a mitigating factor and, if subsection 187 (4) or (5) applies, may impose a fine of less than the minimum fine provided for in the applicable subsection. 22 Clause 190.1 (5) (

b) of the Act is amended by striking out “environmental penalty” and substituting “administrative penalty”. 23 Clause 190.2 (6) (

a) of the Act is amended by striking out “environmental penalty” and substituting “administrative penalty”. 24 (1) Clause 194 (1) (

f) of the Act is amended by striking out “9 9.1, 100.1, 150 or 182.1” and substituting “99.1, 100.1 or 150 or an order to pay an administrative penalty”. (2) Subsection 194 (1.1) of the Act is repealed. NUTRIENT MANAGEMENT ACT, 2002 25

Section 2 of the Nutrient Management Act, 2002 is amended by adding the following definition: “administrative penalty” means a penalty imposed under

section 40 or 40.1; (“pénalité administrative”) 26 Subsection 10 (1) of the Act is amended by adding “or an order in respect of an administrative penalty ” at the end. 27

Section 11 of the Act is amended by adding the following subsections: Order to pay an administrative penalty

(1.1) For greater certainty, if a hearing by the Tribunal is required under this

section in relation to an order to pay an administrative penalty, the regulations made under clause 40 (14) (

c) governing the determination of the amounts of administrative penalties apply to the Tribunal. Same

(1.2) If a hearing by the Tribunal is required under this

section in relation to an order to pay an administrative penalty, the Tribunal shall not substitute its opinion for that of the Director with respect to the amount of the penalty unless the Tribu nal considers the amount to be unreasonable. 28

Section 40 of the Act is repealed and the following substituted: Administrative penalties 40

(1) The purpose of an administrative penalty issued under this Act is, (

a) to ensure compliance with this Act; and (

b) to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of non -compliance with this Act.

29 Order by Director, Provincial Officer

(2) If the Director or, in the circumstances prescribed by the regulations, a provincial officer, is of the opinion that a person has committed a contravention prescribed by the regulations, the Director or provincial officer, as the case may be, may issue an order requiring the person to pay an administrative penalty in respect of the contravention. Prescribed contraventions

(3) For the purposes of subsection (2), a prescribed contravention may be in respect of, (

a) a provision of this Act or the regulations; (

b) a provision of an order under this Act; or (

c) a term or condition of a certificate, licence, or approval under this Act. Limitation

(4) An or der mentioned in subsection (2) shall be served not later than one year after the day on which evidence of the contravention first came to the attention of a provincial officer or the Director. Orders, corporations

(5) If the person who has contravened a provision or a condition referred to in subsection (3) is a corporation, the order shall not be issued to an employee, officer, director or agent of the corporation unless the circumstances prescribed by the regulations, if any, exist. Amount of penalty

(6) The amount of the administrative penalty shall be determined by the Director or the provincial officer, as the case may be, in accordance with the regulations. Total penalty

(7) Subject to subsection (8), the total amount of the administrative penalty shall not exceed $10,000 for each contravention. Same, monetary benefit

(8) The total amount of the administrative penalty referred to in subsection (7) may be increased by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the same contravention. Contents of order

(9) An order mentioned in subsection (2) shall be served on the person who is required to pay the administrative penalty and shall, (

a) contain a description of the contravention to w hich the order relates, including, if appropriate, the date of the contravention; (

b) specify the amount of the penalty; (

c) give particulars respecting the time for paying the penalty and the manner of payment; and (

d) provide information to the person as to the person’s right to require, (

i) a hearing under

section 9, if the order is issued by the Director, or (ii) a review under

section 40.1, if the order is issued by a provincial officer. Absolute liability

(10) A requirement that a person pay an administrative penalty applies even if, (

a) the person took all reasonable steps to prevent the contravention; or (

b) at the time of the contraventio n, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. Payment prevents conviction

(11) A person who pays an administrative penalty in respect of a contravention prescribed by the regulations for the purposes of this subsection shall not be convicted of an offence under this Act in respect of the same contravention. Contraventions where conviction not prevented

(12) With respect to a contravention, other than a contravent ion to which subsection (11) applies, a person may be charged, prosecuted and convicted of an offence under this Act in respect of that contravention, regardless of whether the person has paid an administrative penalty in respect of and has remedied that contravention and, for greater certainty, nothing in subsection (10) affects the prosecution of the offence.

30 No admission

(13) If a person pays an administrative penalty in respect of a contravention, the payment is not, for the purposes of any prosecution in respect of the contravention, an admission that the person committed the contravention. Regulations

(14) The Lieutenant Governor in Council may make regulations, (

a) specifying the form and content of orders under this section; (

b) prescribing circumstances in which a provincial officer is authorized or prohibited from issuing an order under subsection (2); (

c) governing the determination of the amounts of administrative penalties, for individuals and for corporations, including providing the maximum amount the Director or a provincial officer, as the case may be, may determine under subsection (6); (

d) prescribing circumstances in which a person is not required to pay an administrative penalty; (

e) prescribing procedures related to administrative penalties; (

f) governing the payment of interest and late payment penalties, including prescribing how the amounts of interest and late payment penalties are determined; (

g) respecting any matter necessary for the administration of the system of administrative penalties. Review of administrative penalty imposed by provincial officer 40.1

(1) A person who is required by an order issued by a provincial officer to pay an administrative penalty may, within seven days after being served with the order, request that the Director review the order. Request for review

(2) A request for a review shall be made in writing and shall include, (

a) a statement of whether the review applies to the liability to pay the penalty, the amount of the penalty or both; (

b) any submissions that the person requesting the review wishes the Director to consider; and (

c) for the purposes of subsection (7), an address for service by mail, fax or such other means of service as the regulations may prescribe. Stay

(3) If a person requests a review, the requirement to pay the administrative penalty is stayed until the disposition of the matter. Decision of Director

(4) A Director who receives a request for a review may, (

a) revoke the order of the provincial officer; or (

b) by order directed to the person who requested the review, confirm or alter the order of the provincial officer. Same

(5) For the purposes of subsection (4), the Director may substitute his or her opinion for that of the provincial officer. Amount of penalty

(6) For greater certainty, if the review applies to the amount of the penalty, the regulations made under clause 40 (14) (

c) apply for the purposes of the review. Notice of decision

(7) The Director shall serve a person requesting a review with a copy of, (

a) the Director’s decision or order under subsection (4); and (

b) if the Director issues an order under clause (4) (b), the reasons for the order. Automatic confirmation of order

(8) If the Director does not comply with subsection (7) within seven days after receiving a request for a review, the order in respect of which the review was requested shall be deemed to have been confirmed by order of the Director. Same

(9) For the purposes of

section 9, a deemed confirmation by order of the Director under subsection (

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 132 b132rep e 0.pdf
Type	bill
Volume / chapter	p42 s1 bill 132 b132rep e 0.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	f314ac5ec3720fe7789061ac39b93f375e52ac82

Source file is stored in the law ingest library (json).