p44 s1 bill 2 b002 e.pdf

Ontario — Bills

1ST SESSION, 44TH LEGISLATURE, ONTARIO 3 CHARLES III, 2025 Bill 2

An Act to enact the Buy Ontario, Buy Canadian Day Act, 2025 and the Ontario Free Trade and Mobility Act, 2025 and to amend various other Acts The Hon. V. Fedeli Minister of Economic Development, Job Creation and Trade Government Bill 1st Reading April 16, 2025 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE

SCHEDULE 1 BUY ONTARIO, BUY CANADIAN DAY ACT, 2025 The

Schedule enacts the Buy Ontario, Buy Canadian Day Act, 2025 , which proclaims the last Friday of June in each year as Buy Ontario, Buy Canadian Day.

SCHEDULE 2 FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006 The

Schedule amends the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 to provide that certain timelines relating to domestic labour mobility applicants are to be determined according to calendar days rather than busines s days.

SCHEDULE 3 LIQUOR CONTROL BOARD OF ONTARIO ACT, 2019 The

Schedule amends the Liquor Control Board of Ontario Act, 2019 to require the LCBO to, if directed by the Minister, implement a framework to facilitate the sale of liquor from a manufacturer in one province or territory to a consumer in another province or territory. The LCBO is required to comply with any directives issued by the Minister with respect to the framework.

SCHEDULE 4 LIQUOR LICENCE AND CONTROL ACT, 2019 The

Schedule amends the Liquor Licence and Control Act, 2019 by adding a new

section 77.1 respecting agreements between the Minister of Finance or another member of the Executive Council and other Canadian jurisdictions to facilitate the sale of liquor from a manufacturer in one province or territory to a consumer in another province or territory. Subsection 78 (1) of the Act is also amended to allow the Lieutenant Governor in Council to make regulations respecting the implementation of these agreements and the sale of liquor as contemplated by them.

SCHEDULE 5 ONTARIO FREE TRADE AND MOBILITY ACT, 2025 The

Schedule enacts the Ontario Free Trade and Mobility Act, 2025. Under the Act, the Lieutenant Governor in Council may designate a jurisdiction in Canada as a reciprocating jurisdiction in certain circumstances, and may make regulations providing that the mutual recognition rules set out in the Act apply to a reciprocating jurisdiction. The mutual recognition rules provide that, if certain conditions are met, (

a) a good from a reciprocating jurisdiction shall be treated as if it met the corresponding Ontario standards and approvals; (

b) a person or entity who has an authorization from a reciprocating jurisdiction to provide a service shall be entitled to the equivalent authorization in Ontario. Other provisions of the Act include protections against liability and regulation -making powers.

SCHEDULE 6 ONTARIO LABOUR MOBILITY ACT, 2009 The Ontario Labour Mobility Act, 2009 is amended as follows:

Section 9 of the Act, which governs when an applicant is certified by an out -of-province regulatory authority, is amended to prohibit an authority from requiring an individual to meet such requirements as may be prescribed as a condition of certification.

Section 10 of the Act is re -enacted to establish timelines within which Ontario regulatory authorities must respond to applications for certification from individuals already certified by an out-of-province regulatory authority. New

section 10.1 of the Act provides for the deemed certification of individuals already certified by an out -of-province regulatory authority to practice a regulated occupation in Ontario in certain circumstances for a one -time six-month period of time. Corresponding regulation-making authorities are added to

section 25 of the Act.

Section 11 of the Act, which governs Ontario regulatory authorities’ publication duties, is re-enacted to include a requirement to publish certain information respecting applications for certification by individuals who are already certified by an out -of- province regulatory authority. New

section 16.1 of the Act requires Ontario regulatory authorities to report on matters respecting labour mobility.

ii New

section 20.1 of the Act makes it an offence for a person to make a representation, knowing it to be false, for the purpose of meeting a requirement set out in subsection 10.1 (2) of the Act. New

section 27.1 of the Act addresses protections against liability.

Bill 2 2025

An Act to enact the Buy Ontario, Buy Canadian Day Act, 2025 and the Ontario Free Trade and Mobility Act, 2025 and to amend various other Acts CONTENTS

Preamble 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Buy Ontario, Buy Canadian Day Act, 2025

Schedule 2 Fair Access to Regulated Professions and Compulsory Trades Act, 2006

Schedule 3 Liquor Control Board of Ontario Act, 2019

Schedule 4 Liquor Licence and Control Act, 2019

Schedule 5 Ontario Free Trade and Mobility Act, 2025

Schedule 6 Ontario Labour Mobility Act, 2009

Preamble The Government of Ontario is working to protect Ontario and make Ontario’s economy more competitive and open to trade and investment by removing trade barriers with other provinces and territories, including through the mutual recognition, with reciprocating jurisdictions, of goods and services, the expansion of labour mobility and the enabling of direct-to-consumer sales of alcohol products. The Government of Ontario is also committed to supporting Ontarians through initiatives to encourage buying domestically.

Therefore, His 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) Except as otherwise provided in this section, 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 of its provisions are to come into force on a day to be named by order of the Lieutenant Governor in Council, an order may apply to one or more of those provisions, and orders may be issued at different times with respect to any of those provisions.

Short title 3 The

short title of this Act is the Protect Ontario Through Free Trade Within Canada Act, 2025.

SCHEDULE 1 BUY ONTARIO, BUY CANADIAN DAY ACT, 2025

Preamble The Government of Ontario is committed to fostering economic growth and supporting local businesses. Buy Ontario, Buy Canadian Day is an opportunity for Ontarians to celebrate the best of Ontario and Canada by purchasing from local businesses, choosing products that are made in Ontario or elsewhere in Canada, and exploring destinations throughout our beautiful province and across the country. When Ontarians come together to buy local, our collective purchasing power strengthens local industries, creates jobs and builds a prosperous and resilient economy for generations to come.

Buy Ontario, Buy Canadian Day 1 The last Friday of June in each year is proclaimed as Buy Ontario, Buy Canadian Day. Commencement 2 The Act set out in this

Schedule comes into force on the day the Protect Ontario Through Free Trade Within Canada Act, 2025 receives Royal Assent.

Short title 3 The

short title of the Act set out in this

Schedule is the Buy Ontario, Buy Canadian Day Act, 2025.

SCHEDULE 2 FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006 1 Subsection 9.1 (4) of the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 is amended by striking out “business days” in the portion before clause (

a) and substituting “calendar days”. Commencement 2 This

Schedule comes into force on the later of July 1, 2025 and the day the Protect Ontario Through Free Trade Within Canada Act, 2025 receives Royal Assent.

SCHEDULE 3 LIQUOR CONTROL BOARD OF ONTARIO ACT, 2019 1 The Liquor Control Board of Ontario Act, 2019 is amended by adding the following section: Direct-to-consumer framework 5.1

(1) If directed to do so by the Minister, the LCBO shall implement a framework to facilitate the sale of liquor from a manufacturer in one province or territory to a consumer in another province or territory. Directives

(2) The Minister may issue directives to the LCBO with respect to the framework referred to in subsection (1), and the LCBO shall comply with any such directives. Commencement 2 This

Schedule comes into force on the day the Protect Ontario Through Free Trade Within Canada Act, 2025 receives Royal Assent.

SCHEDULE 4 LIQUOR LICENCE AND CONTROL ACT, 2019 1 The Liquor Licence and Control Act, 2019 is amended by adding the following section: Interprovincial agreements 77.1 The Minister of Finance or another member of the Executive Council may enter into an agreement with the Crown in right of Canada or of any other province of Canada or with the Government of a territory of Canada to facilitate the sale of liquor from a manufacturer in one province or territory to a consumer in another province or territory. 2 Subsection 78 (1) of the Act is amended by adding the following paragraphs: 13.1 providing for anything that the Lieutenant Governor in Council considers necessary or advisable to implement an agreement referred to in

section 77.1; 13.2 governing the sale of alcohol as contemplated by an agreement referred to in

section 77.1, including prescribing conditions that are imposed on licences and permits with respect to the sale of liquor from a manufacturer in one province or territory to a consumer in another province or territory; Commencement 3 This

Schedule comes into force on the day the Protect Ontario Through Free Trade Within Canada Act, 2025 receives Royal Assent.

SCHEDULE 5 ONTARIO FREE TRADE AND MOBILITY ACT, 2025 CONTENTS 1. Purpose 2.

Definitions 3. Designation of reciprocating jurisdiction 4. Mutual recognition 5. Issuing authorizations 6. Extinguishment of causes of action 7. Regulations 8. Commencement 9.

Short title Purpose 1 The purpose of this Act is to remove barriers to trade in goods and services, to labour mobility and to investment between Ontario and other jurisdictions within Canada.

Definitions 2 In this Act, “authorization” means a certificate, licence, registration or other form of official recognition , granted by an authorizing body to a person or entity, permitting the person or entity to provide a service in the jurisdiction of the authorizing body; (“autorisation”) “authorizing body” means the government of a province or territory, the Government of Canada or a government agency, or a non-governmental body that exercises legal authority delegated to it by the government of a province or territory, or by the Government of Canada; (“organisme habilité à délivrer des autorisations”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “reciprocating jurisdiction” means a jurisdiction designated by a regulation made under

section 3. (“ autorité pratiquant la réciprocité”) Designation of reciprocating jurisdiction 3 The Lieutenant Governor in Council may make regulations designating Canada or another province or territory of Canada as a reciprocating jurisdiction if the Lieutenant Governor in Council has determined that the other jurisdiction has in force legislation similar to and corresponding with this Act or has taken other satisfactory steps. Mutual recognition 4

(1) The Lieutenant Governor in Council may make regulations providing that the mutual recognition rules set out in subsection (2) apply with respect to a reciprocating jurisdiction. Same

(2) The mutual recognition rules referred to in subsection (1) are as follows, subject to the regulations: 1.

A good that has met the applicable standards and received the applicable approvals relating to the composition, performance, production, manufacture, quality, marketing, labelling, testing, certification, inspection or use of the good in a reciprocating jurisdiction, i. shall be treated as if the good has met the corresponding standards and received the corresponding approvals in Ontario but shall otherwise be subject to any laws applicable in Ontario, and ii. shall not be subject to any additional approval or testing requirements or to any fees associated with approval or testing requirements by an Ontario authorizing body. 2.

If a person or entity is required under an Ontario Act or regulation to obtain an authorization issued by an Ontario authorizing body in order to provide a service in Ontario, i. the person or entity is entitled to be issued such authorization if the person or entity holds an equivalent authorization issued by an authorizing body of a reciprocating jurisdiction and is in good standing with that authorizing body, and ii. upon being issued an authorization referred to in subparagraph i, the person or entity shall be subject to any laws applicable to providers of the service in Ontario.

7 Issuing authorizations 5 If a person or entity is entitled under paragraph 2 of subsection 4 (2) to be issued an authorization by an Ontario authorizing body, the authorizing body, before issuing the authorization to the person or entity, may require the person or entity to satisfy, (

a) where applicable, any requirements that may be imposed by a regulatory authority under

section 9 of the Ontario Labour Mobility Act, 2009 or by a College under

section 22.18 of

Schedule 2 to the Regulated Health Professions Act, 1991, unless otherwise prescribed; and (

b) any prescribed requirements. Extinguishment of causes of action 6

(1) No cause of action arises against the Crown or an Ontario authorizing body or any current or former member of the Executive Council or employee, officer or agent of or advisor to the Crown or employee, officer, agent or director of or advisor to an Ontario authorizing body as a direct or indirect result of, (

a) the enactment, amendment or repeal of any provision of this Act; (

b) the making, amendment or revocation of any provision of a regulation or other instrument under this Act; or (

c) anything done or not done in accordance with this Act, or a regulation or other instrument under this Act. No remedy

(2) No costs, compensation or damages, including for loss of revenue or profit or any other alleged loss, whether direct or indirect, are owing or payable to any person by a person referred to in subsection (1), and no remedy, including a remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a breach of trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person against any person referred to in subsection (1) in connection wi th anything referred to in that subsection. Proceedings barred

(3) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection. Application (4) Subsections (2) and (3) do not apply with respect to an application for judicial review or a claim for a constitutional remedy, but do apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario. No costs awarded

(5) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (3). No expropriation or injurious affection

(6) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. Proceedings by Crown not prevented

(7) This

section does not apply with respect to proceedings brought by the Crown. Regulations 7 The Lieutenant Governor in Council may make regulations, (

a) determining whether a non-governmental body exercises legal authority delegated to it by the government of a province or territory or by the Government of Canada, for the purposes of the definition of “authorizing body”; (

b) governing the application of the mutual recognition rules set out in paragraphs 1 and 2 of subsection 4 (2), including governing whether a good, person or entity has satisfied a condition specified in a paragraph of that subsection, and prescribing circumstances, conditions and limitations on the application of the rules to, (

i) reciprocating jurisdictions, (ii) goods, or manufacturers, producers or sellers of goods, or (iii) persons, entities, authorizing bodies or sectors; (

c) providing for exemptions from paragraph 1 or 2 of subsection 4 (2) or that the rules do not apply, and prescribing circumstances, conditions and limitations for any such exemption or non-application; (

d) governing the issuing of authorizations under

section 5 and prescribing requirements for the purposes of that section; (

e) providing for additional measures to eliminate restrictions on labour mobility for a reciprocating jurisdiction ;

8 (

f) prescribing anything referred to in this Act as prescribed; (

g) defining or clarifying the meaning of any word or expression used in this Act; (

h) providing for any transitional matters arising from the enactment of this Act ; (

i) prescribing which Act or regulation shall prevail in the event of a conflict between this Act or regulations made under this Act and other Acts or regulations, and governing the application and

interpretation of such Acts or regulations, including providing that a regulation may override

an Act; (

j) respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Act. Subdelegation

(2) A regulation made under subsection (1) may authorize an authorizing body or other person or entity to require, authorize or otherwise determine any matter that may be required, authorized or otherwise determined by the Lieutenant Governor in Council under that subsection. Rolling incorporation by reference

(3) A regulation made under subsection (1) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time. Retroactive

(4) A regulation made under subsection (1) is, if it so provides, effective with reference to a period before it is filed. Commencement 8 The Act set out in this

Schedule comes into force on the day the Protect Ontario Through Free Trade Within Canada Act, 2025 receives Royal Assent.

Short title 9 The

short title of the Act set out in this

Schedule is the Ontario Free Trade and Mobility Act, 2025.

SCHEDULE 6 ONTARIO LABOUR MOBILITY ACT, 2009 1 (1) Subsection 9 (2) of the Ontario Labour Mobility Act, 2009 is repealed and the following substituted: Material additional training, etc., cannot be required

(2) The Ontario regulatory authority shall not require, as a condition of certifying the individual in the regulated occupation, that the individual, (

a) have, undertake, obtain or undergo any material additional training, experience, examinations or assessments; or (

b) meet such other requirements as may be prescribed. (2) Subsection 9 (5) of the Act is amended by adding “unless doing so would contravene clause (2) (b)” at the end of the portion before paragraph 1. 2

Section 10 of the Act is repealed and the following substituted: Timely decisions, responses and reasons — individuals certified out-of-province 10

(1) The timelines set out in this

section apply if an individual applying to an Ontario regulatory authority for certification in a regulated occupation is already certified in the same occupation by an out -of-province regulatory authority, but do not apply with respect to applications for registration made to a regulated profession under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006. Acknowledgement of receipt

(2) The Ontario regulatory authority shall, within 10 business days after receiving the application, provide a written acknowledgement of receipt of the application. Same

(3) The written acknowledgement of receipt shall include a statement as to whether the application includes everything required by the Ontario regulatory authority in respect of the application and any other prescribed information. Certification decision

(4) The Ontario regulatory authority shall make a certification decision within 30 calendar days after receiving the application and everything required by the Ontario regulatory authority in respect of the application, or within such time as may be prescribed for a prescribed class of applicant or for the Ontario regulatory authority, and shall provide the applicant with, (

a) written communication of the certification decision; (

b) written reasons respecting a certification decision, (

i) to propose that the applicant not be granted certification, (ii) to not grant certification to the applicant, or (iii) to grant certification to the applicant subject to conditions; and (

c) information respecting the applicant’s rights to any internal review or appeal, including any applicable procedures and deadlines. Internal review or appeal

(5) The Ontario regulatory authority shall provide any internal review of or appeal from a certification decision within a reasonable time. Same

(6) The Ontario regulatory authority shall, within 10 business days after making an internal review or appeal decision in respect of the applicant, provide the applicant with written communication of the decision made upon the internal review or appeal and written reasons respecting the decision. 3 The Act is amended by adding the following section: Deemed certification, individual certified out-of-province 10.1

(1) Subject to the regulations, an individual who is already certified in a prescribed regulated occupation by an out -of- province regulatory authority is deemed to be certified in the regulated occupation in Ontario for a one-time six-month period, as provided for in subsections (2) and (3). Six-month period

(2) An individual is deemed to be certified in a regulated occupation in Ontario for six months, as determined in accordance with subsection (3), if the individual,

10 (

a) provides the Ontario regulatory authority that certifies individuals in the occupation with, (

i) the individual’s authorizing certificate for the occupation from an out-of-province regulatory authority, and (ii) such other information as may be prescribed; and (

b) meets such other requirements as may be prescribed. Same

(3) An Ontario regulatory authority shall provide a notice of receipt, within 10 business days and in accordance with the regulations, to an individual who provides the certificate and information required under subsection (2) and, upon receipt of the notice, the individual is deemed to be certified in the regulated occupation in Ontario for six months from that date. Applicable Ontario laws

(4) For greater certainty, if an individual is deemed to be certified in a regulated occupation in Ontario under this section, the individual is subject to any laws applicable to individuals certified in that occupation in Ontario. 4

Section 11 of the Act is repealed and the following substituted: Duty to publish 11 Every Ontario regulatory authority shall publish, on a publicly accessible website maintained by the regulatory authority, (

a) every requirement that the regulatory authority imposes, as a condition of certification in a regulated occupation, on applicants who are already certified in the same occupation by an out-of-province regulatory authority; and (

b) such other informat ion respecting applications for certification by individuals who are already certified in the same occupation by an out-of-province regulatory authority as may be prescribed. 5 The Act is amended by adding the following section: REPORTS Reports 16.1 An Ontario regulatory authority shall report, in accordance with the regulations, on matters respecting labour mobility to the co-ordinating Minister and, if another person or entity is prescribed, to that person or entity. 6 (1) Subsection 18 (1) of the Act is amended by adding “or

section 16.1” after “subsection 16 (2)”. (2) Subsection 18 (2) of the Act is amended by adding “or with the reporting requirements of

section 16.1” at the end. (3) Subsection 18 (11) of the Act is amended by adding “or

section 16.1” after “subsection 16 (2)” wherever it appears. (4) Subsection 18 (13) of the Act is amended by adding “or

section 16.1” after “subsection 16 (2)”. 7 The Act is amended by adding the following section: OFFENCE Offence 20.1 Every person who makes a representation, knowing it to be false, for the purpose of meeting a requirement set out in subsection 10.1 (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offenc e and not more than $50,000 for a second or subsequent offence. 8

(1) Section 25 of the Act is amended by adding the following clauses: (a.1) governing the deemed certification of individuals already certified in a regulated occupation by an out -of-province regulatory authority for the purposes of

section 10.1, including, (

i) prescribing regulated occupations, (ii) prescribing information that must be provided, (iii) prescribing requirements that must be met, (iv) governing notices of receipt for the purposes of subsection 10.1 (3); (a.2) governing reports for the purposes of

section 16.1;

(2) Section 25 of the Act is amended by adding the following subsection: Subdelegation

(2) A regulation made under clause (1) (a.1) may authorize an Ontario regulatory authority to require, authorize or otherwise determine any matter that may be required, authorized or otherwise determined by the Lieutenant Governor in Council under that clause.

11 9 The Act is amended by adding the following Part:

PART VI IMMUNITY Extinguishment of causes of action 27.1

(1) No cause of action arises against the Crown or an Ontario regulatory authority or any current or former member of the Executive Council or employee, officer or agent of or advisor to the Crown or employee, officer, agent or director of or advisor to an Ontario regulatory authority as a direct or indirect result of, (

a) the enactment, amendment or repeal of any provision of this Act; (

b) the making, amendment or revocation of any provision of a regulation, order in council, payment order, order, notice or other instrument under this Act, including any regulation or order in council made under subsection 17 (1); or (

c) anything done or not done in accordance with this Act, or a regulation, order in council, payment order, order, notice or other instrument under this Act, including any regulation or order in council made under subsection 17 (1). No remedy

(2) No costs, compensation or damages, including for loss of revenue or profit or any other alleged loss, whether direct or indirect, are owing or payable to any person by a person referred to in subsection (1), and no remedy, including a remedy in contract, restitution, tort, a remedy for misfeasance, bad faith, or a breach of trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person against a person referred to in that subsection in connection wit h anything referred to in that subsection. Proceedings barred

(3) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection. Application (4) Subsections (2) and (3) do not apply with respect to an application for judicial review, a claim for a constitutional remedy or a proceeding under this Act, but do apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario. No costs awarded

(5) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (3). No expropriation or injurious affection

(6) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. Proceedings by Crown not prevented

(7) This

section does not apply with respect to proceedings brought by the Crown. Commencement 10

(1) Except as otherwise provided in this section, this

Schedule comes into force on the later of July 1, 2025 and the day the Protect Ontario Through Free Trade Within Canada Act, 2025 receives Royal Assent.

(2) Section 7 comes into force on a day to be named by order of the Lieutenant Governor in Council.

Document details

Collection	Ontario — Bills
Citation	p44 s1 bill 2 b002 e.pdf
Type	bill
Volume / chapter	p44 s1 bill 2 b002 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	f39df19648a6433a889c71f85a432adfad2c20f2

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