Government Process Simplification Act
(Ministry of the Attorney General), 1996
EXPLANATORY NOTE
The Bill amends or repeals 14 statutes, most of which are administered by the Ministry of the Attorney General. The general purposes of the amendments are to simplify government processes, improve efficiency and make corrections.
Sections 1, 2 and 10 of the Bill
Changes affecting the Assessment Review Board are made to the Assessment Act, the Assessment Review Board Act and the Municipal Act. Some of these are:
1. References to regional registrars are dropped.
2. The Board is no longer required to have a clerk at every hearing.
3. The Board's power to correct palpable errors in the assessment roll is expanded.
4. The Board is given power to add parties to proceedings before the hearings begin.
5. A provision that has become redundant (relating to rule-making, now dealt with in the Statutory Powers Procedure Act) is repealed.
Sections 3, 5, 6, 7, 9, 11 and 14 of the Bill
Changes affecting the Public Guardian and Trustee are made to seven statutes. Some of these are:
1. The Charities Accounting Act is amended to simplify procedural requirements, and a provision allowing court orders in charitable matters to be made on consent, without the need for a hearing, is added.
2. The Courts of Justice Act and the Public Guardian and Trustee Act are amended to take account of the merger of the offices of the Public Guardian and Trustee and the Accountant of the Ontario Court.
3. The Crown Administration of Estates Act and the Escheats Act are amended to provide that the Public Guardian and Trustee no longer requires Cabinet approval for certain acts.
4. The Loan and Trust Corporations Act is amended to require parties to serve additional material on the Public Guardian and Trustee in proceedings brought against provincial trust corporations after their dissolution.
5. Various amendments are made to the Public Guardian and Trustee Act to deal with such matters as the recovery of fees and advances, the distribution of small estates, record-keeping and evidence, and interest rates.
6. The Victims' Right to Proceeds of Crime Act, 1994 is amended to correct references to the Public Guardian and Trustee and to correct a cross-reference.
Section 4 of the Bill
The Construction Lien Act is amended to restore lien rights to architects and their employees.
Section 8 of the Bill
The Estates Act is amended to ensure consistency with the preferential share provisions of the Succession Law Reform Act and with the passing of accounts provisions of the Rules of Civil Procedure.
Section 12 of the Bill
The South African Trust Investments Act, enacted in 1988, is repealed.
Section 13 of the Bill
A variety of amendments are made to the Statutory Powers Procedure Act to clarify and supplement the extensive changes made by the Statute Law Amendment Act (Government Management and Services), 1994.
Bill1996
An Act to simplify government processes and to
improve efficiency in the Ministry of the Attorney General
CONTENTS
1. Amendments to Assessment Act.
2. Amendments to Assessment Review Board Act.
3. Amendments to Charities Accounting Act.
4. Amendments to Construction Lien Act.
5. Amendments to Courts of Justice Act.
6. Amendments to Crown Administration of Estates Act.
7. Amendments to Escheats Act.
8. Amendments to Estates Act.
9. Amendments to Loan and Trust Corporations Act.
10. Amendments to Municipal Act.
11. Amendments to Public Guardian and Trustee Act.
12. Repeal of South African Trust Investments Act.
13. Amendments to Statutory Powers Procedure Act.
14. Amendments to Victims' Right to Proceeds of Crime Act, 1994.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
ASSESSMENT ACT
1. (1) The following provisions of the Assessment Act are amended by striking out the phrase "regional registrar" wherever it occurs and substituting "registrar" in each case:
1. Subsection 36 (4).
2. Subsections 37 (1) and (2).
3. Section 41.
4. Subsections 43 (2), (3) and (4).
(2) Subsection 40 (2) of the Act is amended by striking out "to the regional registrar of the Assessment Review Board" in the fourth and fifth lines and substituting "to the Assessment Review Board".
(3) Subsections 40 (4), (5), (6), (7) and (10) of the Act are repealed and the following substituted:
Copy to assessment commissioner
(4) When the Assessment Review Board receives a complaint, it shall forthwith transmit a copy to the assessment commissioner.
Parties
(5) The parties to the proceeding are the assessment commissioner, the municipality, all persons complaining and all persons whose assessment is complained of.
Notice of hearing
(6) The Assessment Review Board shall give the parties notice of any hearing at least 14 days before the date fixed for the hearing.
Adding party
(7) If, before or during the hearing, it appears that another person should be a party to the proceeding, the Board shall add the person as a party; if the hearing has already begun, the Board shall adjourn it if necessary and give the person notice of the hearing.
(4) Subsection 40 (12) of the Act, exclusive of the clauses, is repealed and the following substituted:
Alteration of roll by clerk
(12) The Board shall forward its decision to the clerk of each municipality, and the clerk shall forthwith,
. . . . .
(5) The Act is amended by adding the following section:
Correction of errors
40.1 If it appears that there are palpable errors in the assessment roll,
(a) if no alteration of assessed values is involved, the Board may correct the roll; and
(b) if alteration of assessed values is involved, the Board may extend the time for making complaints and direct the assessor to be the complainant.
ASSESSMENT REVIEW BOARD ACT
2. (1) Section 8 of the Assessment Review Board Act is repealed.
(2) Section 10 of the Act is repealed and the following substituted:
Registrar, officers and employees
10. A registrar of the Board and such other officers and employees of the board as are considered necessary shall be appointed under the Public Service Act.
(3) Section 11 of the Act is repealed.
CHARITIES ACCOUNTING ACT
3. (1) Subsection 1 (1) of the Charities Accounting Act is amended by striking out "personally or by registered letter" in the ninth and tenth lines.
(2) Subsection 1 (5) of the Act is repealed and the following substituted:
Contents of notice
(5) The notice shall state the nature of the property coming into the possession or under the control of the executor or trustee.
Copy of will or other instrument
(6) The notice shall be accompanied by a notarial copy of the will or other instrument, unless the Public Guardian and Trustee agrees to accept it without such a copy.
(3) Subsection 5 (3) of the Act is repealed.
(4) The Act is amended by adding the following section:
Consent orders and judgments in charitable matters
13. (1) A draft order or judgment that could have been made by the Ontario Court (General Division) under this Act, under any other Act dealing with charitable matters, or in the exercise of its inherent jurisdiction in charitable matters, shall be deemed to be an order or judgment of that court if the following persons give a written consent to its terms:
1. The Public Guardian and Trustee.
2. Every other person who would have been required to be served in a proceeding to obtain the order or judgment.
PGT's seal
(2) In the case of the Public Guardian and Trustee, the consent shall be sealed.
Effective date
(3) The terms of the draft order or judgment take effect when it is filed with the Ontario Court (General Division).
CONSTRUCTION LIEN ACT
4. (1) Subsection 3 (4) of the Construction Lien Act is repealed.
Transition
(2) Subsection 14 (1) of the Act applies to services and materials supplied by architects, holders of certificates of practice under the Architects Act and their employees under contracts made on or after the day this Act receives Royal Assent, and under subcontracts made under such contracts.
COURTS OF JUSTICE ACT
5. Section 88 of the Courts of Justice Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 36, is further amended by adding the following subsection:
Regulations under Public Guardian and Trustee Act
(2) With respect to funds held by the Public Guardian and Trustee in his or her capacity as Accountant of the Ontario Court, the Public Guardian and Trustee Act and the regulations made under that Act prevail over subsection (1) and the regulations made under it.
CROWN ADMINISTRATION OF ESTATES ACT
6. (1) Section 2 of the Crown Administration of Estates Act is repealed and the following substituted:
Application
2. (1) This section applies when,
(a) a person dies in Ontario or, being a resident of Ontario, dies elsewhere;
(b) the person leaves no will; and
(c) there are no known next of kin who live in Ontario and are willing and able to administer the estate, or the only known next of kin are minors and there is no near relative who lives in Ontario and is willing and able to administer the estate or to nominate another person to do so.
PGT may administer certain estates
(2) When this section applies, the Public Guardian and Trustee may apply to the Ontario Court (General Division) for a grant of letters of administration of the person's estate, and the court may grant letters of administration to the Public Guardian and Trustee for the use and benefit of the Crown or of any other persons who may ultimately be entitled to the estate.
(2) Sections 5 and 6 of the Act are repealed and the following substituted:
Transfer, assignment or discharge of interest in real property
5. (1) As administrator appointed under this Act, the Public Guardian and Trustee may transfer, assign or discharge all or part of any interest in real property to which the intestate person was entitled at his or her death.
Effect of conveyance
(2) The Public Guardian and Trustee's conveyance under subsection (1) has the same effect as if the intestate person,
(a) had been alive and unmarried on the day it was executed; and
(b) had executed the conveyance himself or herself.
PGT's right to act until grant revoked
6. (1) If, after the Public Guardian and Trustee is appointed administrator under this Act, it is alleged or ascertained that clause 2 (1) (b) or (c) did not in fact apply, the Public Guardian and Trustee retains all the powers of an administrator until the Ontario Court (General Division) revokes the grant and appoints another person to deal with the estate.
Right to complete sales
(2) Even after the grant has been revoked and another person has been appointed to deal with the estate, the Public Guardian and Trustee retains power to execute a transfer of real property under an agreement made before the revocation.
ESCHEATS ACT
7. Subsection 6 (1) of the Escheats Act is repealed and the following substituted:
Transfer, assignment or discharge of interest in real property
(1) The Public Guardian and Trustee may transfer, assign or discharge, at such price and on such terms as seem proper, all or part of any interest in real property of which he or she has taken possession under this Act.
ESTATES ACT
8. (1) Clause 36 (2) (a) of the Estates Act is repealed and the following substituted:
(a) the net value of the estate as computed for the purposes of section 45 of the Succession Law Reform Act does not exceed the preferential share prescribed under subsection 45 (6) of that Act; and
. . . . .
(2) Subsection 49 (5), subsection 49 (6), as amended by the Statutes of Ontario, 1994, chapter 27, section 43, and subsection 49 (7) of the Act are repealed.
LOAN AND TRUST CORPORATIONS ACT
9. Subsection 16 (3) of the Loan and Trust Corporations Act is repealed and the following substituted:
Same
(3) If a proceeding is brought against a provincial trust corporation after its dissolution, a true copy of the originating notice shall be served on the Public Guardian and Trustee, together with any supporting material, in the same way that service is effected on a party to the proceeding.
MUNICIPAL ACT
10. The following provisions of the Municipal Act are amended by striking out the phrase "regional registrar" wherever it occurs and substituting "registrar" in each case:
1. Subsection 156 (3).
2. Subsection 366 (4).
3. Subsections 442 (3), (4), (15) and (16).
4. Subsection 443 (6).
5. Subsections 444 (2), (3), (8), (9) and (10).
PUBLIC GUARDIAN AND TRUSTEE ACT
11. (1) Section 5 of the Public Guardian and Trustee Act, as amended by the Statutes of Ontario, 1992, chapter 32, section 25, is further amended by adding the following subsections:
Accountant of the Ontario Court
(2) The Public Guardian and Trustee shall carry out the duties of the Accountant of the Ontario Court (General Division) and shall designate an employee appointed under subsection 1 (1) to hold that office.
Same
(3) The Accountant of the Ontario Court is an officer of the Ontario Court (General Division).
(2) Section 8 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 2, section 75, is amended by adding the following subsection:
Fees
(1.1) The Public Guardian and Trustee may charge fees for services rendered and things done by his or her employees and agents.
(3) The Act is amended by adding the following sections:
Lien re fees, advances, etc.
8.1 (1) The Public Guardian and Trustee has a lien on the real and personal property of a person, estate or trust for whom he or she acts or has acted, for the following amounts:
1. Fees charged to the person, estate or trust under section 8.
2. An amount advanced for or on behalf of the person, estate or trust or for the support of dependants.
3. The amount of a liability incurred for a purpose referred to in paragraph 2.
Real property
(2) In the case of real property, the Public Guardian and Trustee may register in the proper land registry office a notice claiming a lien and identifying the real property against which it is claimed.
Costs of passing of accounts
8.2 If the Public Guardian and Trustee holds money of an estate or trust and has applied or proposes to apply to pass its accounts, he or she may withhold an amount sufficient to secure his or her costs of the passing of accounts.
(4) Section 10 of the Act, as amended by the Statutes of Ontario, 1992, chapter 32, section 25, is further amended by adding the following subsections:
Exception, property $20,000 or less in value
(3) Where the Public Guardian and Trustee acting in any capacity holds property, not exceeding $20,000 in value, of a person who has died, the Public Guardian and Trustee has discretion, on receiving evidence satisfactory to him or her, to distribute the property to the person's heirs or personal representative without requiring compliance with subsection (1).
Protection from liability
(4) The Public Guardian and Trustee is not liable for a distribution made under subsection (3) that is carried out prudently and in good faith.
(5) The Act is amended by adding the following sections:
Definition
10.1 (1) In this section,
"record of the Public Guardian and Trustee" means information that is recorded in any manner and is in the possession of the Public Guardian and Trustee or his or her employee. ("dossier du Tuteur et curateur public")
Copies and print-outs as evidence
(2) A copy or print-out of a record of the Public Guardian and Trustee, authenticated in a manner approved by the Attorney General, is admissible in evidence and has the same probative force as the record (or the original document, if any, on which the record is based) would have had if the record (or original document) had been proved in the ordinary way.
Storage and transfer of information
10.2 (1) The Public Guardian and Trustee may store information in any form or medium and may at any time transfer or re-transfer it to another form or medium, in whole or in part.
Retention of earlier record or document
(2) It is not necessary for the Public Guardian and Trustee to retain a record or an original document if the information it contains has been stored in some other form or medium.
(6) Section 13.1 of the Act, as enacted by the Statutes of Ontario, 1992, chapter 32, section 25, is repealed and the following substituted:
Interest
13.1 (1) Subject to the approval of the advisory committee referred to in clause 14 (g), the Public Guardian and Trustee has power to fix the rates of interest to be paid on money in his or her hands.
Criteria for rates
(2) Rates of interest may be fixed on the basis of one or more of the following factors: the type of account, the amount of money held for a person, estate or trust and the length of time during which it is held.
Publication
(3) The Public Guardian and Trustee shall publish in The Ontario Gazette notice of any change in the interest rates.
SOUTH AFRICAN TRUST INVESTMENTS ACT
12. The South African Trust Investments Act is repealed.
STATUTORY POWERS PROCEDURE ACT
13. (1) Subsection 4 (1) of the Statutory Powers Procedure Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Waiver of procedural requirement
(1) Any procedural requirement of this Act, or of another Act or a regulation that applies to a proceeding, may be waived with the consent of the parties and the tribunal.
(2) Section 4.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Disposition without hearing
4.1 If the parties consent, a proceeding may be disposed of by a decision of the tribunal given without a hearing, unless another Act or a regulation that applies to the proceeding provides otherwise.
(3) Subsection 4.2 (2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Assignments
(2) In assigning members of the tribunal to a panel, the chair shall take into consideration any requirement imposed by another Act or a regulation that applies to the proceeding that the tribunal be representative of specific interests.
(4) Section 4.3 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Expiry of term
4.3 If the term of office of a member of a tribunal who has participated in a hearing expires before a decision is given, the term shall be deemed to continue, but only for the purpose of participating in the decision and for no other purpose.
(5) Subsection 4.4 (2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Other Acts and regulations
(2) Subsection (1) does not apply if another Act or a regulation specifically deals with the issue of what takes place in the circumstances described in subsection (1).
(6) Subsection 5.1 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Written hearings
(1) A tribunal whose rules made under section 25.1 deal with written hearings may hold a written hearing in a proceeding.
(7) Subsection 5.2 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Electronic hearings
(1) A tribunal whose rules made under section 25.1 deal with electronic hearings may hold an electronic hearing in a proceeding.
(8) The Act is amended by adding the following section:
Different kinds of hearings in one proceeding
5.2.1 A tribunal may, in a proceeding, hold any combination of written, electronic and oral hearings.
(9) Subsection 5.3 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, exclusive of the clauses, is revoked and the following substituted:
Pre-hearing conferences
(1) If the tribunal's rules made under section 25.1 deal with pre-hearing conferences, the tribunal may direct the parties to participate in a pre-hearing conference to consider,
. . . . .
(10) Section 5.3 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is amended by adding the following subsections:
Other Acts and regulations
(1.1) The tribunal's power to direct the parties to participate in a pre-hearing conference is subject to any other Act or regulation that applies to the proceeding.
. . . . .
Application of s. 5.2
(5) Section 5.2 applies to a pre-hearing conference, with necessary modifications.
(11) Subsection 5.4 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, exclusive of the clauses, is repealed and the following substituted:
Disclosure
(1) If the tribunal's rules made under section 25.1 deal with disclosure, the tribunal may, at any stage of the proceeding before all hearings are complete, make orders for,
. . . . .
(12) Section 5.4 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is amended by adding the following subsection:
Other Acts and regulations
(1.1) The tribunal's power to make orders for disclosure is subject to any other Act or regulation that applies to the proceeding.
(13) Clause 6 (4) (a) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is amended by striking out "time" in the first line and substituting "date".
(14) Subsection 9 (1.2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Electronic hearings
(1.2) An electronic hearing shall be open to the public unless the tribunal is of the opinion that,
(a) it is not practical to hold the hearing in a manner that is open to the public; or
(b) clause (1) (a) or (b) applies.
(15) Clause 9.1 (3) (a) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
(a) any other Act or regulation that applies to the proceeding requires that it be heard in private.
(16) Subsection 9.1 (4) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Conflict, consent requirements
(4) The consent requirements of clauses (1) (a) and (b) do not apply if another Act or a regulation that applies to the proceedings allows the tribunal to combine them or hear them at the same time without the consent of the parties.
(17) Section 13 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 56, is further amended by adding the following subsection:
Same
(2) Subsection (1) also applies to a person who,
(a) having objected under clause 6 (4) (b) to a hearing being held as a written hearing, fails without lawful excuse to participate in the oral or electronic hearing of the matter; or
(b) being a party, fails without lawful excuse to attend a pre-hearing conference when so directed by the tribunal.
(18) Subsection 15.1 (2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Definition
(2) In subsection (1),
"previously admitted evidence" means evidence that was admitted, before the hearing of the proceeding referred to in that subsection, in any other proceeding before a court or tribunal, whether in or outside Ontario. ("preuve déjà admise")
Additional power
(3) This power conferred by this section is in addition to the tribunal's power to admit evidence under section 15.
(19) Clause 18 (1) (d) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
(d) by some other method that allows proof of receipt, if the tribunal's rules made under section 25.1 deal with the matter.
(20) Subsection 21.2 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Power to review
(1) A tribunal may, if it considers it advisable and if its rules made under section 25.1 deal with the matter, review all or part of its own decision or order, and may confirm, vary, suspend or cancel the decision or order.
(21) Subsection 25 (1) of the Act is repealed and the following substituted:
Appeal operates as stay, exception
(1) An appeal from a decision of a tribunal to a court or other appellate body operates as a stay in the matter unless,
(a) another Act or a regulation that applies to the proceeding expressly provides to the contrary; or
(b) the tribunal or the court or other appellate body orders otherwise.
VICTIMS' RIGHT TO PROCEEDS OF CRIME ACT, 1994
14. (1) The Victims' Right to Proceeds of Crime Act, 1994 is amended by striking out "Public Trustee" wherever it appears and substituting "Public Guardian and Trustee".
(2) Subsection 3 (2) of the Act is amended by striking out "Subsections 8 (2) and (3) of the Public Trustee Act apply" in the first and second lines and substituting "Section 8 of the Public Guardian and Trustee Act applies".
Commencement
15. This Act comes into force on the day it receives Royal Assent.
Short title
16. The short title of this Act is the Government Process Simplification Act (Ministry of the Attorney General), 1996.