Government Process Simplification Act
(Ministry of Environment and Energy), 1996
EXPLANATORY NOTE
The Bill amends five statutes administered by the Ministry of Environment and Energy. The general purpose of the amendments is to simplify government processes and improve efficiency.
Consolidated Hearings Act
The Bill would remove the requirement for an application by a party before a joint board may appoint a representative of a class of parties. (See section 1 of the Bill; proposed subsection 8 (3) of the Consolidated Hearings Act.)
Environmental Protection Act
The Bill would make the following changes:
1. The Environmental Appeal Board would be allowed to sit in two-member panels, as well as in panels of one member or of three or more members. (See subsection 2 (1) of the Bill; proposed subsection 137 (7) of the Environmental Protection Act.)
2. The Environmental Appeal Board would be allowed to appoint a representative of a class of parties. (See subsection 2 (2) of the Bill; proposed subsection 145 (2) of the Environmental Protection Act.)
3. Members and employees of the Environmental Appeal Board could not be compelled to testify with regard to information obtained in the discharge of their duties. (See subsection 2 (3) of the Bill; proposed section 145.1 of the Environmental Protection Act.)
Ontario Energy Board Act
The Bill would make the following changes:
1. The Ontario Energy Board would be allowed to sit in one-member panels, as well as in panels of two or more members. (See subsection 3 (1) of the Bill; proposed subsection 2 (5) of the Ontario Energy Board Act.)
2. The Ontario Energy Board would be able, with the approval of the Minister of Environment and Energy, to establishfees for copies of documents, without the need to prescribe the fees by regulation. (See subsections 3 (2) and (4) of the Bill; proposed section 7 of the Ontario Energy Board Act.)
3. The Minister of Environment and Energy, instead of the Lieutenant Governor in Council, would be able to request the Ontario Energy Board to inquire into a matter. (See subsections 3 (3) and (5) of the Bill; proposed subsection 13 (5) of the Ontario Energy Board Act.)
4. The Ontario Energy Board would be able to make determinations required by the uniform accounting system without a hearing. (See subsection 3 (6) of the Bill; proposed subsection 27 (2) of the Ontario Energy Board Act.)
5. With respect to proceedings before the Ontario Energy Board, references to the "taxation of costs" would be replaced by the current terminology ("assessment of costs"). (See subsection 3 (7) of the Bill; proposed subsections 28 (1), (2) and (3) of the Ontario Energy Board Act.)
6. The one-month period for obtaining leave to appeal to the Divisional Court from the Ontario Energy Board would be changed to 30 days. (See subsection 3 (8) of the Bill; proposed subsection 32 (1) of the Ontario Energy Board Act.)
7. The need to obtain the approval of the Minister of Environment and Energy before commencing a prosecution under the Ontario Energy Board Act would be eliminated. (See subsections 3 (9) and (11) of the Bill; subsections 34 (2) and 62 (4) of the Ontario Energy Board Act.)
8. The requirement that several ministries always be given notice of Ontario Energy Board pipeline applications would be eliminated. (See subsection 3 (10) of the Bill; proposed subsection 48 (2) of the Ontario Energy Board Act.)
Ontario Water Resources Act
The Bill would make the following changes:
1. The requirement to record oral evidence at Environmental Appeal Board hearings dealing with wells would be eliminated. (See section 4 of the Bill; subsection 47 (7) of the Ontario Water Resources Act.)
2. When a decision of the Environmental Appeal Board dealing with wells is appealed to the courts, the Board would be relieved of the responsibility for filing a record and transcript with the appeal court. The rules of court deal with this issue. (See section 4 of the Bill; subsection 47 (11) of the Ontario Water Resources Act.)
Pesticides Act
The Bill would make the following changes:
1. The regulations under the Pesticides Act could allow the classification of pesticides for the purposes of the Act to be done by the Minister of Environment and Energy or a person designated by the Minister, instead of by the regulations themselves. (See subsections 5 (1) and (5) of the Bill; proposed paragraph 24.1 of subsection 35 of the Pesticides Act.)
2. The requirement to record oral evidence at Environmental Appeal Board hearings would be eliminated. (See subsection 5 (2) of the Bill; subsection 14 (5) of the Pesticides Act.)
3. The consent of the parties would no longer be necessary to permit the Environmental Appeal Board to make a decision without the participation of a member who was present at the hearing. (See subsection 5 (3) of the Bill; proposed subsection 14 (7) of the Pesticides Act.)
4. When a decision of the Environmental Appeal Board is appealed to the courts, the Board would be relieved of the responsibility for filing a record and transcript with the appeal court. The rules of court deal with this issue. (See subsection 5 (4) of the Bill; subsection 15 (2) of the Pesticides Act.)
5. The methods of serving documents would be expanded to include facsimile transmissions and other methods prescribed by regulation. (See subsections 5 (6) and (7) of the Bill; proposed subsection 38 (1) of the Pesticides Act.)
Bill1996
An Act to simplify Government Processes
and to Improve Efficiency in
the Ministry of Environment and Energy
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
CONSOLIDATED HEARINGS ACT
1. Subsection 8 (3) of the Consolidated Hearings Act is amended by striking out "Upon application by a party other than the proponent" at the beginning.
ENVIRONMENTAL PROTECTION ACT
2. (1) Subsection 137 (7) of the Environmental Protection Act is repealed and the following substituted:
One or two members
(7) The chair or vice-chair may in writing authorize one or two members of the Board to hear and determine any matter and, for that purpose, the member or members have all the jurisdiction and powers of the Board.
(2) Section 145 of the Act is amended by adding the following subsection:
Representative
(2) The Board may appoint, from among a class of parties having, in the opinion of the Board, a common interest in a proceeding, a person to represent that class in the proceeding, but any other member of the class may, with the consent of the Board, take part in the proceeding despite the appointment.
(3) The Act is amended by adding the following section:
Restriction
145.1 No member or employee of the Board shall be required to give testimony in any proceeding with regard to information obtained by him or her in the discharge of duties as a member or employee of the Board.
ONTARIO ENERGY BOARD ACT
3. (1) Section 2 of the Ontario Energy Board Act is amended by adding the following subsection:
One member panels
(5) The chair or vice-chair may in writing authorize onemember of the Board to hear and determine any matter and, for that purpose, the member has all the jurisdiction and powers of the Board.
(2) Section 7 of the Act is repealed and the following substituted:
Fees for documents, etc.
7. The Board may, with the approval of the Minister, establish and charge fees for copies of orders, decisions, reasons, reports, recordings or other documents or things, including documents certified by a member of the Board or the secretary of the Board.
(3) Subsection 13 (5) of the Act is amended by striking out "Lieutenant Governor in Council" in the second and third lines and substituting "Minister".
(4) Subsection 17 (3) of the Act is amended by striking out "prescribed" in the fourth line and substituting "required".
(5) Subsection 19 (12) of the Act is amended by striking out "Lieutenant Governor in Council" in the second and third lines and substituting "Minister".
(6) Subsection 27 (2) of the Act is amended by striking out "Board in" in the fourth line and substituting "Board, with or without a hearing, in".
(7) The English version of section 28 of the Act is amended by striking out "taxed" wherever it appears and substituting in each case "assessed".
(8) Subsection 32 (1) of the Act is amended by striking out "one month" in the fifth line and substituting "30 days".
(9) Subsection 34 (2) of the Act is repealed.
(10) Subsection 48 (2) of the Act is repealed and the following substituted:
Notice
(2) Notice of the application shall be given by the applicant in such manner and to such persons as the Board may direct.
(11) Subsection 62 (4) of the Act is repealed.
ONTARIO WATER RESOURCES ACT
4. Subsections 47 (7) and (11) of the Ontario Water Resources Act are repealed.
PESTICIDES ACT
5. (1) Section 6 of the Pesticides Act is amended by striking out "classified by" in the third line and substituting "classified in accordance with".
(2) Subsection 14 (5) of the Act is repealed.
(3) Subsection 14 (7) of the Act is amended by striking out "and except with the consent of the parties, no decision of the Board shall be given unless all members so present participate in the decision" at the end.
(4) Subsection 15 (2) of the Act is repealed.
(5) Paragraph 24 of section 35 of the Act is repealed and the following substituted:
24. prohibiting or regulating the sale, offering for sale or transfer of pesticides;
24.1 classifying pesticides or providing for the classification of pesticides by the Minister or a person designated by the Minister, or by another method of classification, and providing for a means of informing the public of the classifications.
(6) Section 35 of the Act is amended by adding the following paragraph:
36. prescribing methods of giving, serving or delivering a document for the purpose of clause 38 (1) (d).
(7) Subsection 38 (1) of the Act is repealed and the following substituted:
Service
(1) Any notice, order, decision or other document required to be given, served or delivered under this Act or the regulations is sufficiently given, served or delivered if,
(a) it is delivered personally;
(b) it is sent by registered mail addressed to the person to whom it is required to be given, served or delivered at the latest address for service appearing on the records of the Ministry or, if none, at the address, if any, last known to the Director;
(c) a facsimile of it is sent by telephone transmission to the person to whom it is required to be given, served or delivered at the latest telephone transmissionnumber for service appearing on the records of the Ministry; or
(d) it is given, served or delivered in the prescribed manner.
COMMENCEMENT AND SHORT TITLE
Commencement
6. This Act comes into force on the day it receives Royal Assent.
Short title
7. The short title of this Act is the Government Process Simplification Act (Ministry of Environment and Energy), 1996.