[36] Bill 101 Original (PDF)
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Bill 101 1998
An Act to reduce red tape, to promote good government through better management of Ministries and agencies and to improve customer service by amending or repealing certain Acts and by enacting three new Acts
CONTENTS
1.
Enactment of Schedules
1.
Édiction des annexes
2.
Commencement
2.
Entrée en vigueur
3.
Short title
3.
Titre abrégé
Schedule A
Amendments and Repeals proposed by the Ministry of Agriculture, Food and Rural Affairs
Annexe A
Modifications et abrogations émanant du ministère de l'Agriculture, de l'Alimentation et des Affaires rurales
Schedule B
Amendments proposed by the Ministry of the Attorney General
Annexe B
Modifications émanant du ministère du Procureur général
Schedule C
Enforcement of Judgments Conventions Act, 1998
Annexe C
Loi de 1998 sur les conventions relatives à l'exécution des jugements
Schedule D
Settlement of International Investment Disputes Act, 1998
Annexe D
Loi de 1998 sur le règlement des différends internationaux relatifs aux investissements
Schedule E
Amendments proposed by the Ministry of Community and Social Services
Annexe E
Modifications émanant du ministère des Services sociaux et communautaires
Schedule F
Amendments proposed by the Ministry of Consumer and Commercial Relations
Annexe F
Modifications émanant du ministère de la Consommation et du Commerce
Schedule G
Licence Appeal Tribunal Act, 1998
Annexe G
Loi de 1998 sur le Tribunal d'appel en matière de permis
Schedule H
Amendments and Repeals proposed by the Ministry of Economic Development, Trade and Tourism
Annexe H
Modifications et abrogations émanant du ministère du Développement économique, du Commerce et du Tourisme
Schedule I
Amendments proposed by the Financial Services Commission of Ontario
Annexe I
Modifications émanant de la Commission des services financiers de l'Ontario
Schedule J
Amendments proposed by the Ministry of Health
Annexe J
Modifications émanant du ministère de la Santé
Schedule K
Amendments proposed by Management Board Secretariat
Annexe K
Modifications émanant du Secrétariat du Conseil de gestion
Schedule L
Amendments proposed by the Ministry of Municipal Affairs and Housing
Annexe L
Modifications émanant du ministère des Affaires municipales et du Logement
Schedule M
Amendments proposed by the Ministry of Natural Resources
Annexe M
Modifications émanant du ministère des Richesses naturelles
Schedule N
Amendments proposed by the Ministry of Northern Development and Mines
Annexe N
Modifications émanant du ministère du Développement du Nord et des Mines
Schedule O
Amendments proposed by the Ontario Securities Commission
Annexe O
Modifications émanant de la Commission des valeurs mobilières de l'Ontario
Schedule P
Amendments proposed by the Ministry of the Solicitor General
Annexe P
Modifications émanant du ministère du Solliciteur général
Schedule Q
Amendments proposed by the Ministry of Transportation
Annexe Q
Modifications émanant du ministère des Transports
Schedule R
Miscellaneous Statute Corrections
Annexe R
Corrections diverses apportées à une loi
______________
______________
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Enactment of Schedules
1. (1) All the Schedules to this Act, other than Schedules C, D and G, are hereby enacted.
Schedule C
(2) The Enforcement of Judgments Conventions Act, 1998, as set out in Schedule C, is hereby enacted.
Schedule D
(3) The Settlement of International Investment Disputes Act, 1998, as set out in Schedule D, is hereby enacted.
Schedule G
(4) The Licence Appeal Tribunal Act, 1998, as set out in Schedule G, is hereby enacted.
Commencement
2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.
Schedules
(2) The Schedules to this Act come into force as provided in the commencement section at or near the end of each Schedule.
Different dates for same Schedule
(3) If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.
Short title
3. The short title of this Act is the Red Tape Reduction Act, 1998 (No. 2).
SCHEDULE A
AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS
AgriCorp Act, 1996
1. (1) Subsection 6 (2) of the AgriCorp Act, 1996 is amended by striking out "of the board" in the first and second lines.
(2) Section 6 of the Act is amended by adding the following subsections:
Members of committee
(3) A by-law establishing a committee may provide that the members of the committee may include persons who are not members of AgriCorp and may provide for the appointment of those persons to the committee, the term of their appointment and their remuneration.
Remuneration
(4) AgriCorp shall pay the remuneration of the persons mentioned in subsection (3) out of its general fund in amounts that comply with the policies of Management Board of Cabinet.
(3) Subsection 9 (1) of the Act is repealed and the following substituted:
No personal liability
(1) No action or other proceeding for damages may be instituted against any member of AgriCorp, employee appointed to the service of AgriCorp or member of a committee established under subsection 6 (1) for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.
(4) Section 10 of the Act is repealed and the following substituted:
Non-compellable witness
10. Except with the consent of AgriCorp, no member of AgriCorp or member of a committee established under subsection 6 (1) shall be required to give testimony in any proceedings with regard to information obtained in the discharge of the person's duties.
Agricultural Tile Drainage Installation Act
2. The definition of "Tribunal" in section 1 of the Agricultural Tile Drainage Installation Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 8, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Animals for Research Act
3. The definition of "Tribunal" in section 1 of the Animals for Research Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 9, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Artificial Insemination of Livestock Act
4. The Artificial Insemination of Livestock Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 10, is repealed.
Beef Cattle Marketing Act
5. The definition of "Tribunal" in section 1 of the Beef Cattle Marketing Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 11, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Bees Act
6. Subsections 21 (3) and (4) of the Bees Act are repealed and the following substituted:
Expiry
(3) A certificate of registration issued after the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent expires on the date specified in the certificate.
Application for renewal
(4) An applicant for the renewal of a certificate of registration shall file the application with the Provincial Apiarist,
(a) within 60 days of receiving a renewal notice from the Provincial Apiarist; or
(b) at least 30 days before the certificate expires if the Provincial Apiarist has not sent a renewal notice to the applicant.
Crop Insurance Act (Ontario), 1996
7. (1) Section 1 of the Crop Insurance Act (Ontario), 1996 is amended by adding the following definition:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
(2) Section 10 of the Act is repealed and the following substituted:
Referral of disputes
10. (1) If AgriCorp and a person disagree whether the person qualifies for a contract of insurance, except if the disagreement relates to the time during which a person may apply for a contract of insurance or file a final acreage report or its equivalent, or if AgriCorp and an insured person fail to resolve a dispute arising out of the adjustment of a claim under a contract of insurance, either may appeal the matter in dispute to the Tribunal.
Notice of appeal
(2) To appeal a matter in dispute, the appellant shall file a written notice of appeal with the Tribunal and send a copy of the notice to the other party within the time specified by the regulations made under this Act.
Exclusive jurisdiction
(3) The Tribunal has exclusive jurisdiction to hear and determine all appeals arising under subsection (1).
Decision binding
(4) The decision of the Tribunal in an appeal is binding on the parties.
(3) Subsections 12 (3), (4), (5) and (6) of the Act are repealed.
(4) Subsection 13 (5) of the Act is repealed.
Dead Animal Disposal Act
8. The definition of "Tribunal" in section 1 of the Dead Animal Disposal Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 16, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Drainage Act
9. (1) The definition of "Tribunal" in section 1 of the Drainage Act is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
(2) The heading preceding section 98 of the Act is repealed and the following substituted:
POWERS OF TRIBUNAL
(3) Subsections 98 (1), (2), (3) and (5) of the Act are repealed.
Edible Oil Products Act
10. The definition of "Tribunal" in section 1 of the Edible Oil Products Act is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Farm Implements Act
11. (1) The definitions of "Board", "chair" and "vice-chair" in section 1 of the Farm Implements Act are repealed.
(2) The definitions of "Minister" and "purchaser" in section 1 of the Act are repealed and the following substituted:
"
Minister" means the Minister of Agriculture, Food and Rural Affairs; ("ministre")
"
purchaser" means a person, an association of individuals or a partnership who purchases a farm implement and includes a lessee under a lease financing agreement. ("acheteur")
(3) Section 1 of the Act is amended by adding the following definitions:
"
Director" means the Director appointed under this Act; ("directeur")
"
regulations" means the regulations made under this Act; ("règlements")
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
(4) Section 4 of the Act is repealed and the following substituted:
DIRECTOR
Director
4. (1) The Minister may appoint a Director who shall be responsible for the administration and enforcement of this Act and the regulations.
Powers and duties
(2) The Director shall exercise the powers and perform the duties that are conferred or imposed on the Director under this Act.
Representatives
(3) The Director may appoint public servants within the meaning of the Public Service Act as representatives of the Director, to whom the Director may delegate the powers and duties under this Act that the Director specifies.
Farm implement safety
(4) The Director is responsible for promoting compliance with,
(a) the prescribed safety standards for farm implement performance; and
(b) the prescribed requirements for dealers respecting safety information and instruction to be given to purchasers on the sale of new farm implements.
Powers
(5) The Director may,
(a) make the inquiries that are necessary for the Director to determine whether there is the compliance described in subsection (4);
(b) require the production of documents, records, reports or things that the Director considers necessary for making the inquiries described in clause (a);
(c) conduct research related to farm implement design, construction, performance and safety;
(d) develop and co-ordinate or approve educational programs respecting farm implement safety and may promote participation in such programs; and
(e) work with manufacturers to encourage standardization of the design and operation of controls of farm implements manufactured for sale in Ontario.
No obstruction
(6) No person shall obstruct the Director who is exercising powers under this Act.
Consultation
(7) The Minister may, in writing, designate organizations that the Director is required to consult in matters pertaining to the exercise of the Director's duties and responsibilities under this Act.
(5) Section 5 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 58, is repealed and the following substituted:
Dispute resolution
5. (1) On the request of a purchaser, dealer or distributor the Director may inquire into and attempt to resolve a dispute with respect to any matter arising from the application of this Act or the regulations.
Repair charges
(2) The Director may investigate claims and attempt to resolve disputes regarding the charges made by a dealer for the repair of a farm implement.
Mediator
(3) If a person makes a request to the Director for an inquiry under subsection (1) or an investigation under subsection (2), the Director may appoint a mediator to assist the parties to resolve the dispute.
Fees
(4) The Minister may establish and collect fees from the persons involved for the services of the Director under subsection (1) or (2).
Hearing
(5) If the parties to a dispute are unable to resolve it with the assistance of a mediator, any of the parties to the mediation may apply to the Tribunal for a hearing.
Decision
(6) The Tribunal shall decide the issue that is before it for a hearing and shall serve notice of the decision, together with written reasons, on the parties to the hearing in accordance with its rules of practice.
Appeal
(7) The notice shall inform the parties that any of them may appeal the decision of the Tribunal on a question of law to the Divisional Court of the Ontario Court (General Division) in accordance with its rules of practice within 15 days from the day on which the decision was served.
Orders
(8) Upon the hearing of an appeal under subsection (7), the Divisional Court may make any order that it considers proper or may refer the matter back to the Tribunal with the directions that it considers proper.
Costs
(9) The Divisional Court may make any order as to the costs of an appeal that it considers proper.
(6) Section 7 of the Act is repealed and the following substituted:
Refusal to register, revocation
7. (1) Subject to this section and section 8, the Director may refuse to grant or renew or may suspend or revoke a registration if the applicant or registrant, as the case may be, is in breach of a condition of the registration or a provision of this Act or the regulations, or would be if registered.
Hearing
(2) Before refusing to grant or renew a registration or suspending or revoking a registration, the Director shall conduct a hearing in accordance with the requirements of the Statutory Powers Procedure Act.
Parties
(3) The applicant or registrant, as the case may be, and the other persons whom the Director specifies are parties to the hearing.
(7) Subsections 8 (1), (2), (3), (4), (5), (6) and (7) of the Act are repealed and the following substituted:
Notice of decision
(1) Upon deciding to refuse to grant or renew a registration or deciding to suspend or revoke a registration, the Director shall serve notice of the decision, together with written reasons, on the applicant or registrant, as the case may be.
Appeal
(2) The notice shall inform the applicant or registrant, as the case may be, that the person may appeal from the decision to the Tribunal in accordance with its rules of practice within 15 days from the day on which the decision was served.
Certified copies
(3) On the request of any person desiring to appeal, the Director shall furnish the person with a certified copy of all proceedings, evidence, reports and papers received in evidence by the Director in dealing with and disposing of the application.
New hearing
(4) An appeal under this section shall be by way of a new hearing.
Orders
(5) Upon the hearing of an appeal under this section, the Tribunal may make any order that it considers proper or may refer the matter back to the Director with the directions that it considers proper.
Appeal
(6) Any party subject to an order of the Tribunal under subsection (5) may appeal the order on a question of law to the Divisional Court of the Ontario Court (General Division).
Orders
(7) Upon the hearing of an appeal under subsection (6), the Divisional Court may make any order that it considers proper or may refer the matter back to the Tribunal with the directions that it considers proper.
Costs
(7.1) The Divisional Court may make any order as to the costs of an appeal that it considers proper.
Voluntary cancellation
(7.2) Despite subsection 7 (2) and this section, the Tribunal may cancel a registration on the request in writing of the registrant.
(8) Clause 8 (8) (b) of the Act is amended by striking out "Board's" in the second line and substituting "Director's".
(9) Section 8 of the Act is amended by adding the following subsection:
Transitional
(9) Despite anything in this section, an appeal that was commenced under this section, as it read immediately before the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent, shall continue before the Divisional Court and this section, as it read immediately before that Act receives Royal Assent, applies to the appeal.
(10) Section 17 of the Act is amended by adding the following subsection:
Lease financing
(3) A person who purchases a farm implement for the purpose of lease financing shall assign the warranties under this Act to the lessee of the farm implement.
(11) Subsection 22 (2) of the Act is amended by striking out "Board" wherever it occurs and substituting in each case "Director".
(12) Subsection 23 (2) of the Act is repealed and the following substituted:
Application
(2) Sections 24 to 30 apply to an agreement that is in effect on or after January 1, 1990.
(13) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Director":
1. Section 30.
2. Clause 31 (1) (b).
3. Subsection 32 (1).
(14) Section 35 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 18, is further amended by striking out the portion before clause (a) and substituting the following:
Regulations
35. The Minister may make regulations,
. . . . .
(15) Clause 35 (e) of the Act is repealed.
(16) Clauses 35 (i) and (r) of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Director".
Farm Registration and Farm Organizations Funding Act, 1993
12. (1) The definitions of "Minister" and "Tribunal" in section 1 of the Farm Registration and Farm Organizations Funding Act, 1993 are repealed and the following substituted:
"
Minister" means the Minister of Agriculture, Food and Rural Affairs, and "Ministry" has a corresponding meaning; ("ministre", "ministère")
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
(2) The heading preceding section 24 of the Act is repealed and the following substituted:
Procedure on Appeal
(3) Sections 24, 25 and 28 of the Act are repealed.
(4) Paragraph 14 of subsection 33 (1) of the Act is repealed.
(5) Section 34 of the Act is repealed.
Grains Act
13. The definition of "Tribunal" in section 1 of the Grains Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 23, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Livestock and Livestock Products Act
14. The definition of "Tribunal" in section 1 of the Livestock and Livestock Products Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 24, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Livestock Community Sales Act
15. The definition of "Tribunal" in section 1 of the Livestock Community Sales Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 26, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Livestock Medicines Act
16. The definition of "Tribunal" in section 1 of the Livestock Medicines Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 27, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Livestock, Poultry and Honey Bee Protection Act
17. The definition of "Tribunal" in section 1 of the Livestock, Poultry and Honey Bee Protection Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 28, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Meat Inspection Act (Ontario)
18. The definition of "Tribunal" in section 1 of the Meat Inspection Act (Ontario), as enacted by the Statutes of Ontario, 1994, chapter 27, section 29, is repealed and the following substituted:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Milk Act
19. Section 6.1 of the Milk Act, as re-enacted by the Statutes of Ontario, 1996, chapter 17, Schedule H, section 1, is repealed and the following substituted:
Regulations
6.1 Subject to the Minister's approval, the Commission may make regulations amending plans for the control and regulation of the producing and marketing within Ontario, or any part of it, of milk, cream or cheese, or any combination of them, and constituting marketing boards to administer those plans.
Ministry of Agriculture and Food Act
20. (1) The title of the Ministry of Agriculture and Food Act is repealed and the following substituted:
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT
(2) The definitions of "Minister" and "Ministry" in section 1 of the Act are repealed and the following substituted:
"
Minister" means the Minister of Agriculture, Food and Rural Affairs; ("ministre")
"
Ministry" means the Ministry of Agriculture, Food and Rural Affairs. ("ministère")
(3) Subsection 2 (1) of the Act is repealed and the following substituted:
Ministry continued
(1) The ministry of the public service formerly known as the Ministry of Agriculture and Food is continued under the name of the Ministry of Agriculture, Food and Rural Affairs in English and ministère de l'Agriculture, de l'Alimentation et des Affaires rurales in French.
(4) Clause 6 (1) (b) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 31, is repealed and the following substituted:
(b) a field-person appointed under the Milk Act or a member or an employee of the Agriculture, Food and Rural Affairs Appeal Tribunal or the Ontario Farm Products Marketing Commission,
. . . . .
(5) Section 10 of the Act is repealed.
(6) Subsection 14 (1) of the Act is repealed and the following substituted:
Tribunal continued
(1) The Farm Products Appeal Tribunal is continued under the name of the Agriculture, Food and Rural Affairs Appeal Tribunal in English and Tribunal d'appel de l'agriculture, de l'alimentation et des affaires rurales in French.
Members
(1.1) The Tribunal shall consist of not fewer than 10 persons appointed by the Lieutenant Governor in Council upon the recommendation of the Minister, of whom at least one shall be a barrister and solicitor entitled to practise in Ontario.
(7) Subsections 14 (3) and (4) of the Act are repealed and the following substituted:
Panels
(3) The chair, or if the chair is absent or unable to act, a vice-chair designated by the chair, may,
(a) subject to subsection (6.1), appoint panels composed of two or more members of the Tribunal to hear proceedings; and
(b) designate one member of the Tribunal to hear a motion or to conduct a pre-hearing conference or an informal hearing in a proceeding in accordance with the procedural rules of the Tribunal.
Presiding member
(4) The chair or vice-chair who appoints a panel shall designate one of the members of the panel to preside over the proceeding that the panel is assigned to hear.
(8) Subsections 14 (6), (7) and (8) of the Act are repealed and the following substituted:
Quorum
(6) Subject to subsection (6.1), two members of a panel appointed in accordance with clause (3) (a) constitute a quorum and are sufficient for the exercise of all jurisdiction and powers of the Tribunal.
Barrister and solicitor required
(6.1) Where a panel of the Tribunal hears proceedings under the Crop Insurance Act (Ontario), 1996 or the Drainage Act, one of the members of the panel and one of the members constituting a quorum of the panel shall be a barrister and solicitor entitled to practise in Ontario.
Simultaneous panels
(7) The Tribunal may sit in two or more panels simultaneously so long as a quorum is present in each panel.
Decisions
(8) The decision of the majority of the members of the Tribunal present and constituting a quorum is the decision of the Tribunal, but, if there is no majority, the decision of the member presiding governs.
Plant Diseases Act
21. Section 1 of the Plant Diseases Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 34 and 1996, chapter 17, Schedule I, section 1, is further amended by adding the following definition:
"
Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")
Pounds Act
22. The French version of section 3 of the Pounds Act is repealed and the following substituted:
Animaux à ne pas laisser divaguer
3. Nul ne doit laisser divaguer des bovins, des chèvres, des chevaux, des moutons ou des porcs dans toute partie d'un district territorial qui n'est pas située dans une municipalité.
Stock Yards Act
23. The Stock Yards Act is repealed.
Tile Drainage Act
24. Subsections 3 (3), (4), (5) and (6) of the Tile Drainage Act are repealed.
Commencement
Commencement
25. (1) Subject to subsection (2), this Schedule comes into force on the day that the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
Same
(2) Section 4 comes into force on January 1, 2000.
SCHEDULE B
AMENDMENTS PROPOSED BY THE MINISTRY OF THE ATTORNEY GENERAL
Charities Accounting Act
1. Section 5.1 of the Charities Accounting Act, as enacted by the Statutes of Ontario, 1996, chapter 25, section 2, is repealed and the following substituted:
Regulations
5.1 (1) The Attorney General, on the advice of the Public Guardian and Trustee, may make regulations,
(a) providing that acts or omissions that would otherwise require the approval of the Ontario Court (General Division) in the exercise of its inherent jurisdiction in charitable matters shall be treated, for all purposes, as though they had been so approved; and
(b) requiring the making and keeping of records relating to charitable property and respecting the making, keeping, transfer and disposal of such records.
Limitation
(2) Regulations under clause (1) (a) may be made only in relation to,
(a) the giving of benefits from charitable property to,
(i) executors or trustees to whom subsection 1 (1) applies,
(ii) corporations deemed by subsection 1 (2) to be trustees within the meaning of this Act,
(iii) directors of corporations described in subclause (ii) or of persons described in subclause (i) who are corporations, or
(iv) persons who, because of their relationship or connection to a person, corporation or director described in subclause (i), (ii) or (iii), cannot be given such benefits without court approval; and
(b) the administration and management of charitable property that is held for restricted or special purposes.
Governing instrument
(3) Regulations made under clause (1) (a) do not apply to an act or omission that conflicts with the will or instrument referred to in subsection 1 (1) or with the instrument deemed by subsection 1 (2) to be an instrument in writing under this Act.
General or particular
(4) Regulations made under this section may be general or particular in their application and, without limiting the generality of the foregoing, may be subject to the conditions set out in the regulations.
Definition
(5) In this section, "
charitable property" means property that is within the inherent jurisdiction of the court in charitable matters.
Commissioners for taking Affidavits Act
2. (1) Subsection 1 (2.1) of the Commissioners for Taking Affidavits Act, as enacted by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed and the following substituted:
City of Toronto
(2.1) The following are, by virtue of office, commissioners for taking affidavits in the City of Toronto:
1. The clerk, deputy clerk and treasurer of the city.
2. The administrative heads and deputy administrative heads of city departments responsible for building standards, welfare, assessment or planning, and the city's medical officer of health, but only for the purposes of the affairs of the city.
3. The head of council and the other members of council.
(2) Section 2 of the Act is repealed and the following substituted:
Courts
2. The following may take affidavits required to be taken in their respective areas:
1. Judges and local registrars of the Ontario Court (General Division).
2. Clerks of the Family Court of the Ontario Court (General Division).
3. Clerks of the Ontario Court (Provincial Division), but only for documents in family proceedings.
Construction Lien Act
3. Subsection 62 (3) of the Construction Lien Act, as re-enacted by the Statutes of Ontario, 1996, chapter 25, section 4, is repealed.
Courts of Justice Act
4. (1) Subsection 89 (3.1) of the Courts of Justice Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 37, is amended by striking out "Official Guardian" in the first and second lines and substituting "Children's Lawyer".
(2) The French version of subsection 90 (1) of the Act is amended by striking out "liquidateurs de dépens" in the third and fourth lines and substituting "liquidateurs des dépens".
(3) Subsection 134 (2) of the Act is repealed and the following substituted:
Interim orders
(2) On motion, a court to which a motion for leave to appeal is made or to which an appeal is taken may make any interim order that is considered just to prevent prejudice to a party pending the appeal.
(4) Section 143.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 43, is repealed.
Courts of Justice Statute Law Amendment Act, 1994
5. Section 9 of the Courts of Justice Statute Law Amendment Act, 1994, is repealed.
Estates Act
6. The French version of the definition of "administration" in section 1 of the Estates Act is amended by striking out "qu'elles soient testamentaires ou non et qu'elles aient ou non été délivrées" in the third, fourth and fifth lines and substituting "que l'administration soit testamentaire ou non et que ces lettres aient ou non été délivrées".
Evidence Act
7. (1) Subsections 34 (3) and (4) of the Evidence Act are repealed.
(2) The Act is amended by adding the following section:
Definitions
34.1 (1) In this section,
"
data" means representations, in any form, of information or concepts; ("données")
"
electronic record" means data that is recorded or stored on any medium in or by a computer system or other similar device, that can be read or perceived by a person or a computer system or other similar device, and includes a display, printout or other output of that data, other than a printout referred to in subsection (6); ("document électronique")
"
electronic records system" includes the computer system or other similar device by or in which data is recorded or stored, and any procedures related to the recording and storage of electronic records. ("système d'archivage électronique")
Application
(2) This section does not modify any common law or statutory rule relating to the admissibility of records, except the rules relating to authentication and best evidence.
Power of court
(3) A court may have regard to evidence adduced under this section in applying any common law or statutory rule relating to the admissibility of records.
Authentication
(4) The person seeking to introduce an electronic record has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic record is what the person claims it to be.
Application of best evidence rule
(5) Subject to subsection (6), where the best evidence rule is applicable in respect of an electronic record, it is satisfied on proof of the integrity of the electronic records system by or in which the data was recorded or stored.
What constitutes record
(6) An electronic record in the form of a printout that has been manifestly or consistently acted on, relied upon, or used as the record of the information recorded or stored on the printout, is the record for the purposes of the best evidence rule.
Presumption of integrity
(7) In the absence of evidence to the contrary, the integrity of the electronic records system by or in which an electronic record is recorded or stored is proved for the purposes of subsection (5),
(a) by evidence that supports a finding that at all material times the computer system or other similar device was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic record, and there are no other reasonable grounds to doubt the integrity of the electronic records system;
(b) if it is established that the electronic record was recorded or stored by a party to the proceeding who is adverse in interest to the party seeking to introduce it; or
(c) if it is established that the electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceeding and who did not record or store it under the control of the party seeking to introduce the record.
Standards
(8) For the purpose of determining under any rule of law whether an electronic record is admissible, evidence may be presented in respect of any standard, procedure, usage or practice on how electronic records are to be recorded or stored, having regard to the type of business or endeavour that used, recorded or stored the electronic record and the nature and purpose of the electronic record.
Proof by affidavit
(9) The matters referred to in subsections (6), (7) and (8) may be established by an affidavit given to the best of the deponent's knowledge and belief.
Cross-examination
(10) A deponent of an affidavit referred to in subsection (9) that has been introduced in evidence may be cross-examined as of right by a party to the proceeding who is adverse in interest to the party who has introduced the affidavit or has caused the affidavit to be introduced.
Same
(11) Any party to the proceeding may, with leave of the court, cross-examine a person referred to in clause (7) (c).
Family Responsibility and Support Arrears Enforcement Act, 1996
8. Section 46 of the Family Responsibility and Support Arrears Enforcement Act, 1996 is repealed and the following substituted:
Definitions
46. (1) In this section,
"
Corporation" means the Ontario Lottery Corporation; ("Société")
"
lottery" means a lottery scheme, as defined in section 1 of the Ontario Lottery Corporation Act, that is conducted by the Corporation in Ontario and involves the issuance and sale of tickets; ("loterie")
"
prize" means a prize in a lottery. ("prix")
Deduction of arrears from prize
(2) If a payor who owes arrears under a support order that is filed in the Director's office is entitled to a single monetary prize of $1,000 or more from the Corporation, the Corporation shall,
(a) deduct from the prize the amount of the arrears or the amount of the prize, whichever is less;
(b) pay the amount deducted to the Director; and
(c) pay any balance to the payor.
Non-monetary prize
(3) If a payor who owes arrears under a support order that is filed in the Director's office is entitled to a non-monetary prize from the Corporation that the Corporation values at $1,000 or more, the Corporation shall promptly disclose to the Director,
(a) any identifying information about the payor from the Corporation's records, including his or her name and address; and
(b) a complete description of the prize.
Exchange of information
(4) For the purposes of subsections (2) and (3),
(a) the Director shall disclose to the Corporation any identifying information about payors from the Director's records, including their names and addresses and the status and particulars of their support obligations; and
(b) the Corporation shall disclose to the Director any identifying information about prize winners from its records, including their names and addresses.
Highway Traffic Act
9. (1) Section 210 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2, is further amended by striking out "certify the conviction to the Registrar" in the following places and substituting in each case "notify the Registrar of the conviction":
1. Subsection (1), fifteenth line.
2. Subsection (2), eighth and ninth lines.
3. Subsection (4), ninth and tenth lines.
(2) Subsection 210 (5) of the Act is amended by striking out "certify the order to the Registrar" at the end and substituting "notify the Registrar of the order".
(3) Subsection 210 (6) of the Act is amended by striking out "An order certified under subsection (5)" at the beginning and substituting "A notice given under subsection (5)".
Interpretation Act
10. The English version of clause 28 (l) of the Interpretation Act is amended by striking out "a reappointing" in the fourth line and substituting "or reappointing".
Interprovincial Summonses Act
11. The definition of "province" in section 1 of the Interprovincial Summonses Act is repealed and the following substituted:
"
province" means a province of Canada and includes each of the territories of Canada. ("province")
Justices of the Peace Act
12. (1) Subsection 4 (3) of the Justices of the Peace Act is amended by striking out "any justice of the peace" in the third line and substituting "any other justice of the peace".
(2) The Act is amended by adding the following section:
Remuneration of justices of the peace
21.1 (1) Justices of the peace are entitled to receive the remuneration determined by the Lieutenant Governor in Council.
Commission
(2) The Lieutenant Governor in Council shall establish a commission to be known in English as the Justices of the Peace Remuneration Commission and in French as Commission de rémunération des juges de paix to make recommendations with respect to the remuneration of justices of the peace.
Regulations
(3) The Lieutenant Governor in Council may make regulations,
(a) respecting the Justices of the Peace Remuneration Commission;
(b) defining "remuneration" for the purposes of this section;
(c) specifying the criteria to be used by the Justices of the Peace Remuneration Commission in developing recommendations;
(d) respecting the Lieutenant Governor in Council's consideration of and response to recommendations of the Justices of the Peace Remuneration Commission.
Professional Engineers Act
13. The French version of the definition of "Minister" in section 1 of the Professional Engineers Act is amended by striking out "Conseil des ministres" in the second line and substituting "Conseil exécutif".
Solicitors Act
14. Section 22 of the Solicitors Act is amended by adding the following subsection:
Exception, indemnification by solicitor's employer
(2) Subsection (1) does not prohibit a solicitor who is employed in a master-servant relationship from being indemnified by the employer for liabilities incurred by professional negligence in the course of the employment.
Statutes Act
15. The French version of section 2 of the Statutes Act is amended by striking out "décrète ce qui suit" at the end and substituting "édicte".
Statutory Powers Procedure Act
16. (1) The Statutory Powers Procedure Act is amended by adding the following section:
Interpretation
2. This Act, and any rule made by a tribunal under section 25.1, shall be liberally construed to secure the just, most expeditious and cost-effective determination of every proceeding on its merits.
(2) The Act is amended by adding the following section:
Panel of one
4.2.1 (1) The chair of a tribunal may decide that a proceeding be heard by a panel of one person and assign the person to hear the proceeding unless there is a statutory requirement in another Act that the proceeding be heard by a panel of more than one person.
Reduction in number of panel members
(2) Where there is a statutory requirement in another Act that a proceeding be heard by a panel of a specified number of persons, the chair of the tribunal may assign to the panel one person or any lesser number of persons than the number specified in the other Act if all parties to the proceeding consent.
(3) The Act is amended by adding the following sections:
Decision not to process commencement of proceeding
4.5 (1) Subject to subsection (3), upon receiving documents relating to the commencement of a proceeding, a tribunal or its administrative staff may decide not to process the documents relating to the commencement of the proceeding if,
(a) the documents are incomplete;
(b) the documents are received after the time required for commencing the proceeding has elapsed;
(c) the fee required for commencing the proceeding is not paid; or
(d) there is some other technical defect in the commencement of the proceeding.
Notice
(2) A tribunal or its administrative staff shall give the party who commences a proceeding notice of its decision under subsection (1) and shall set out in the notice the reasons for the decision and the requirements for resuming the processing of the documents.
Rules under section 25.1
(3) A tribunal or its administrative staff shall not make a decision under subsection (1) unless the tribunal has made rules under section 25.1 respecting the making of such decisions and those rules shall set out,
(a) any of the grounds referred to in subsection (1) upon which the tribunal or its administrative staff may decide not to process the documents relating to the commencement of a proceeding; and
(b) the requirements for the processing of the documents to be resumed.
Continuance of provisions in other statutes
(4) Despite section 32, nothing in this section shall prevent a tribunal or its administrative staff from deciding not to process documents relating to the commencement of a proceeding on grounds that differ from those referred to in subsection (1) or without complying with subsection (2) or (3) if the tribunal or its staff does so in accordance with the provisions of an Act that are in force on the day this section comes into force.
Dismissal of proceeding without hearing
4.6 (1) Subject to subsections (5) and (6), a tribunal may dismiss a proceeding without a hearing if,
(a) the proceeding is frivolous, vexatious or is commenced in bad faith;
(b) the proceeding relates to matters that are outside the jurisdiction of the tribunal; or
(c) some aspect of the statutory requirements for bringing the proceeding has not been met.
Notice
(2) Before dismissing a proceeding under this section, a tribunal shall give notice of its intention to dismiss the proceeding to,
(a) all parties to the proceeding if the proceeding is being dismissed for reasons referred to in clause (1) (b); or
(b) the party who commences the proceeding if the proceeding is being dismissed for any other reason.
Same
(3) The notice of intention to dismiss a proceeding shall set out the reasons for the dismissal and inform the parties of their right to make written submissions to the tribunal with respect to the dismissal within the time specified in the notice.
Right to make submissions
(4) A party who receives a notice under subsection (2) may make written submissions to the tribunal with respect to the dismissal within the time specified in the notice.
Dismissal
(5) A tribunal shall not dismiss a proceeding under this section until it has given notice under subsection (2) and considered any submissions made under subsection (4).
Rules
(6) A tribunal shall not dismiss a proceeding under this section unless it has made rules under section 25.1 respecting the early dismissal of proceedings and those rules shall include,
(a) any of the grounds referred to in subsection (1) upon which a proceeding may be dismissed;
(b) the right of the parties who are entitled to receive notice under subsection (2) to make submissions with respect to the dismissal; and
(c) the time within which the submissions must be made.
Continuance of provisions in other statutes
(7) Despite section 32, nothing in this section shall prevent a tribunal from dismissing a proceeding on grounds other than those referred to in subsection (1) or without complying with subsections (2) to (6) if the tribunal dismisses the proceeding in accordance with the provisions of an Act that are in force on the day this section comes into force.
Classifying proceedings
4.7 A tribunal may make rules under section 25.1 classifying the types of proceedings that come before it and setting guidelines as to the procedural steps or processes (such as preliminary motions, pre-hearing conferences, alternative dispute resolution mechanisms, expedited hearings) that apply to each type of proceeding and the circumstances in which other procedures may apply.
Alternative dispute resolution
4.8 (1) A tribunal may direct the parties to a proceeding to participate in an alternative dispute resolution mechanism for the purposes of resolving the proceeding or an issue arising in the proceeding if,
(a) it has made rules under section 25.1 respecting the use of alternative dispute resolution mechanisms; and
(b) all parties consent to participating in the alternative dispute resolution mechanism.
Definition
(2) In this section, "
alternative dispute resolution mechanism" includes mediation, conciliation, negotiation or any other means of facilitating the resolution of issues in dispute.
Rules
(3) A rule under section 25.1 respecting the use of alternative dispute resolution mechanisms shall include procedural guidelines to deal with the following:
1. The circumstances in which a settlement achieved by means of an alternative dispute resolution mechanism must be reviewed and approved by the tribunal.
2. Any requirement, statutory or otherwise, that there be an order by the tribunal.
Mandatory alternative dispute resolution
(4) A rule under subsection (3) may provide that participation in an alternative dispute resolution mechanism is mandatory or that it is mandatory in certain specified circumstances.
Person appointed to mediate, etc.
(5) A rule under subsection (3) may provide that a person appointed to mediate, conciliate, negotiate or help resolve a matter by means of an alternative dispute resolution mechanism be a member of the tribunal or a person independent of the tribunal. However, a member of the tribunal who is so appointed with respect to a matter in a proceeding shall not subsequently hear the matter if it comes before the tribunal unless the parties consent.
Continuance of provisions in other statutes
(6) Despite section 32, nothing in this section shall prevent a tribunal from directing parties to a proceeding to participate in an alternative dispute resolution mechanism even though the requirements of subsections (1) to (5) have not been met if the tribunal does so in accordance with the provisions of an Act that are in force on the day this section comes into force.
Mediators, etc., not compellable
4.9 (1) No person employed as a mediator, conciliator or negotiator or otherwise appointed to facilitate the resolution of a matter before a tribunal by means of an alternative dispute resolution mechanism shall be compelled to give testimony or produce documents in a proceeding before the tribunal or in a civil proceeding with respect to matters that come to his or her knowledge in the course of exercising his or her duties under this or any other Act.
Evidence in civil proceedings
(2) No notes or records kept by a mediator, conciliator or negotiator or by any other person appointed to facilitate the resolution of a matter before a tribunal by means of an alternative dispute resolution mechanism under this or any other Act are admissible in a civil proceeding.
(4) Subsection 5.1 (2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Exception
(2) The tribunal shall not hold a written hearing if a party satisfies the tribunal that there is good reason for not doing so.
Same
(2.1) Subsection (2) does not apply if the only purpose of the hearing is to deal with procedural matters.
(5) Clause 6 (4) (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
(b) a statement that the hearing shall not be held as a written hearing if the party satisfies the tribunal that there is good reason for not holding a written hearing (in which case the tribunal is required to hold it as an electronic or oral hearing) and an indication of the procedure to be followed for that purpose.
(6) The Act is amended by adding the following section:
Time frames
16.2 A tribunal shall establish guidelines setting out the usual time frame for completing proceedings that come before the tribunal and for completing the procedural steps within those proceedings.
(7) The Act is amended by adding the following section:
Costs
17.1 (1) Subject to subsection (2), a tribunal may, in the circumstances set out in a rule made under section 25.1, order a party to pay all or part of another party's costs in a proceeding.
Exception
(2) A tribunal shall not make an order to pay costs under this section unless,
(a) the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has acted in bad faith; and
(b) the tribunal has made rules under section 25.1 with respect to the ordering of costs which include the circumstances in which costs may be ordered and the amount of the costs or the manner in which the amount of the costs is to be determined.
Amount of costs
(3) The amount of the costs ordered under this section shall be determined in accordance with the rules made under section 25.1.
Continuance of provisions in other statutes
(4) Despite section 32, nothing in this section shall prevent a tribunal from ordering a party to pay all or part of another party's costs in a proceeding in circumstances other than those set out in, and without complying with, subsections (1) to (3) if the tribunal makes the order in accordance with the provisions of an Act that are in force on the day this section comes into force.
(8) The Act is amended by adding the following section:
Control of process
25.0.1 A tribunal has the power to determine its own procedures and practices and may for that purpose,
(a) make orders with respect to the procedures and practices that apply in any particular proceeding; and
(b) establish rules under section 25.1.
(9) The Act is amended by adding the following sections:
Rules, etc., available to public
27. A tribunal shall make any rules or guidelines established under this or any other Act available for examination by the public.
Substantial compliance
28. Substantial compliance with requirements respecting the content of forms, notices or documents under this Act or any rule made under this or any other Act is sufficient.
Succession Law Reform Act
17. Subsection 72 (1) of the Succession Law Reform Act is amended by striking out "and" at the end of clause (f) and by adding the following clause:
(f.1) any amount payable on the death of the deceased under a policy of group insurance; and
. . . . .
Wages Act
18. Section 7 of the Wages Act is amended by adding the following subsection:
Disability payments included
(1.1) For the purposes of this section, payments from an insurance or indemnity scheme that are intended to replace income lost because of disability shall be deemed to be wages, whether the scheme is administered by the employer or another person.
Warehouse Receipts Act
19. The French version of section 1 of the Warehouse Receipts Act is amended by adding the following definition:
"
entreposeur" Personne qui reçoit des objets pour entreposage ou moyennant rémunération. ("storer")
Commencement
Commencement
20. (1) This Schedule, except for subsections 4 (1), (2) and (4), sections 6, 7 and 10, subsection 12 (1) and sections 13, 15, 16 and 19, comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
Same
(2) Subsection 4 (2), sections 6 and 10, subsection 12 (1) and sections 13, 15 and 19 shall be deemed to have come into force on December 31, 1991.
Same
(3) Subsection 4 (1) shall be deemed to have come into force on April 3, 1995.
Same
(4) Subsections 4 (4), 7 (1) and 7 (2) and section 16 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE C
ENFORCEMENT OF JUDGMENTS CONVENTIONS ACT, 1998
Definition
1. In this Act,
"
convention" means a convention existing with a country designated by regulation and to which this Act gives force of law.
Designation of jurisdiction and court
2. The Attorney General shall,
(a) request that the Government of Canada designate Ontario as a territorial unit to which a convention extends;
(b) determine the courts in Ontario to which application for registration of a judgment rendered by a court of a country with which a convention has been concluded may be made, and request the Government of Canada to designate those courts for the purpose of the convention.
Convention in force and given force of law
3. From the date a convention enters into force in respect of Ontario as determined by the convention, the convention is in force in Ontario and its provisions are law in Ontario.
Prevalence of this Act
4. Where there is a conflict between this Act and any other Act on recognition and enforcement of foreign judgments, this Act prevails.
Regulations
5. The Lieutenant Governor in Council may make regulations to,
(a) specify when a new convention comes into force in Ontario (in which case the text of the convention shall be set out in the regulation);
(b) specify the courts to which application for registration of a judgment rendered by a court of a country with which a convention has been concluded may be made;
(c) state the arrangements that may be completed in application of a convention;
(d) prescribe the proceedings necessary for recovery of support;
(e) designate the competent authority to certify copies of judgments to be enforced abroad;
(f) designate the countries with which a convention has been concluded; or
(g) otherwise carry out the intent and purpose of this Act.
Commencement
6. This Schedule comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
Short title
7. The short title of the Act set out in this Schedule is the Enforcement of Judgments Convention Act, 1998.
SCHEDULE D
SETTLEMENT OF INTERNATIONAL INVESTMENT DISPUTES ACT, 1998
Definitions
1. (1) In this Act,
"
award" means an award rendered by the Arbitral Tribunal, established by Article 37 of the Convention, and includes an interpretation, revision or annulment of the award under the Convention; ("sentence")
"
Convention" means the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature in Washington on March 18, 1965. ("Convention")
Meaning of words and expressions
(2) Unless the context otherwise requires, all words and expressions used in this Act have the same meaning as in the Convention.
Interpretation
2. (1) This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in light of its object and purpose.
Inconsistency
(2) In the event of any inconsistency between this Act and any other Act of the Legislature of Ontario, this Act prevails to the extent of the inconsistency.
Purpose of Act
3. The purpose of this Act is to implement the provisions of the Convention concerning the jurisdiction and powers of the Ontario Court (General Division) with respect to the recognition and enforcement of awards.
Scope of Act
4. This Act applies in respect of agreements recording consent to arbitration or conciliation proceedings entered into under the Convention, and awards rendered, including those entered into or rendered, as the case may be, before the coming into force of this Act.
Crown bound
5. (1) This Act binds the Crown in right of Ontario.
Exception
(2) Subsection (1) does not apply to Crown agencies.
Enforceability of awards
6. On production to the Ontario Court (General Division) of a certified copy of an award it shall be registered in that court, and when registered it has the same effect, and all proceedings may be taken to enforce it, as if it were a final judgment obtained in that court.
Enforceability against Crown
7. An award is enforceable against the Crown in right of Ontario in the same manner and to the same extent as a judgment is enforceable against the Crown in right of Ontario.
Remedies
8. An award is final and binding and is not subject to appeal, review, setting aside or any other remedy except as provided in the Convention.
Stay of enforcement proceeding
9. If a proceeding in relation to enforcement of an award has already been commenced in Ontario when enforcement of the award is stayed under the Convention, the Ontario Court (General Division) shall stay the proceeding on the motion of a party to the arbitration.
Interim measures
10. Unless the parties have so stipulated in their agreement recording their consent to arbitration proceedings, a party may not request a court or an administrative tribunal to order interim measures, before the institution of the proceedings or during the proceedings, for the preservation of the party's rights and interests.
Conciliation
11. Except as the parties otherwise agree, neither party to conciliation proceedings is entitled in any other proceedings, whether before a court of law, an administrative tribunal or arbitrators or otherwise, to use,
(a) any views expressed or statements, admissions or offers of settlement made by the other party in the conciliation proceedings; or
(b) the report or any recommendations made by the Conciliation Commission.
Regulations
12. The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including,
(a) prescribing the terms and conditions under which the Crown in right of Ontario may enter into an agreement recording consent to arbitration proceedings under the Convention; and
(b) exempting any person or class of persons from the application of an enactment or any of its provisions, on such conditions as may be specified in the regulations, to permit them to act in a professional capacity in an arbitration or conciliation proceeding.
Application of Convention
13. (1) The Convention applies in Ontario on the day on which it enters into force for Canada in accordance with paragraph 2 of Article 68 of the Convention.
Regulation
(2) The Lieutenant Governor in Council may make a regulation to state when the Convention applies in Ontario (in which case the text of the Convention shall be set out in the regulation).
Commencement
14. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
15. The short title of the Act set out in this Schedule is the Settlement of International Investment Disputes Act, 1998.
SCHEDULE E
AMENDMENTS PROPOSED BY THE MINISTRY OF COMMUNITY AND SOCIAL SERVICES
1. (1) The French version of clause 74 (3) (a) of the Child and Family Services Act is amended by striking out "peut subir" in the fourth line and substituting "subira vraisemblablement".
(2) The French version of paragraph 3 of subsection 167 (6) of the Act is repealed and the following substituted:
3. Si la personne adoptée en fait la demande, un extrait des renseignements figurant dans l'enregistrement initial de sa naissance conservé par le registraire général de l'état civil au sens de la Loi sur les statistiques de l'état civil.
(3) The French version of subsection 167 (7) of the Act is amended by striking out "du certificat de naissance original" in the fifth line and substituting "de l'enregistrement initial de la naissance".
2. Section 2.2 of the Day Nurseries Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule C, section 2, is amended by adding the following subsection:
Contracting authority, municipality
(6.1) The council of a municipality may enter into an agreement with a delivery agent under subsection (6) and, if it does so, the municipality has all of the powers and duties of the delivery agent that relate to the subject matter of the agreement.
3. Section 11 of the District Social Services Administration Boards Act is amended by adding the following clause:
(h) providing for the dissolution of a board and for the disposition of its assets and liabilities.
4. Section 45 of the Ontario Works Act, 1997 is amended by adding the following subsection:
Contracting authority, municipality
(2) The council of a municipality may enter into an agreement with a delivery agent under subsection (1) and, if it does so, the municipality has all of the powers and duties of the delivery agent that relate to the subject matter of the agreement.
Commencement
5. This Schedule comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
SCHEDULE F
AMENDMENTS PROPOSED BY THE MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS
CONTENTS
Sections
Articles
Business Corporations Act
1-9
Loi sur les sociétés par actions
1-9
Collection Agencies Act
10
Loi sur les agences de recouvrement
10
Consumer Protection Act
11-20
Loi sur la protection du consommateur
11-20
Corporations Act
21,22
Loi sur les personnes morales
21,22
Corporations Information Act
23
Loi sur les renseignements exigés des personnes morales
23
Elevating Devices Act
24
Loi sur les ascenseurs et appareils de levage
24
Extra-Provincial Corporations Act
25,26
Loi sur les personnes morales extraprovinciales
25,26
Land Titles Act
27,28
Loi sur l'enregistrement des droits immobiliers
27,28
Liquor Licence Act
29
Loi sur les permis d'alcool
29
Marriage Act
30-32
Loi sur le mariage
30-32
Prepaid Services Act
33
Loi sur les services prépayés
33
Registry Act
34-39
Loi sur l'enregistrement des actes
34-39
Safety and Consumer Statutes Administration Act, 1996
40,41
Loi de 1996 sur l'application de certaines lois traitant de sécurité et de services aux consommateurs
40,41
Upholstered and Stuffed Articles Act
42
Loi sur les articles rembourrés
42
Vital Statistics Act
43,44
Loi sur les statistiques de l'état civil
43,44
Commencement
45,46
Entrée en vigueur
45
Business Corporations Act
1. Subsection 1 (1) of the Business Corporations Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is further amended by adding the following definitions:
"
electronic signature" means an identifying mark or process that is,
(a) created or communicated using telephonic or electronic means,
(b) attached to or associated with a document or other information, and
(c) made or adopted by a person to associate the person with the document or other information, as the case may be; ("signature électronique") "
telephonic or electronic means" means telephone calls or messages, facsimile messages, electronic mail, transmission of data or information through automated touch-tone telephone systems, transmission of data or information through computer networks, any other similar means or any other prescribed means. ("voie téléphonique ou électronique")
2. Subsection 5 (2) of the Act is repealed and the following substituted:
Director's consent
(2) If the articles name as first director an individual who is not an incorporator, the corporation shall keep, at its registered office address, the individual's consent, in the prescribed form, to act as a first director.
Inspection of consent
(2.1) Upon request and without charge, the corporation shall permit a director, shareholder or creditor to inspect a consent mentioned in subsection (2) during the normal business hours of the corporation and to make a copy.
3. Section 20 of the Act is repealed and the following substituted:
Financial assistance by corporation
20. (1) A corporation may give financial assistance to any person for any purpose by means of a loan, guarantee or otherwise.
Disclosure
(2) Subject to subsection (3), a corporation shall disclose to its shareholders all material financial assistance that the corporation gives to,
(a) a shareholder, a beneficial owner of a share, a director, an officer or an employee of,
(i) the corporation,
(ii) an affiliate of the corporation, or
(iii) an associate of any of the persons mentioned in subclause (i) or (ii); or
(b) any person for the purpose of, or in connection with, a purchase of a share, or a security convertible into or exchangeable for a share, issued or to be issued by the corporation or affiliated corporation.
Exception
(3) A corporation is not required to disclose to its shareholders any material financial assistance that it gives,
(a) to a person in the ordinary course of business, if the lending of money is part of the ordinary business of the corporation;
(b) to a person on account of expenditures incurred or to be incurred on behalf of the corporation;
(c) to its holding body corporate if the corporation is a wholly owned subsidiary of the holding body corporate; or
(d) to a subsidiary body corporate of the corporation.
Extent of disclosure
(4) The disclosure that a corporation is required to make under subsection (2) in respect of financial assistance shall include,
(a) a brief description of the financial assistance, including the nature and extent of the financial assistance given;
(b) the terms on which the financial assistance was given; and
(c) the amount of the financial assistance initially given and the amount, if any, outstanding.
Time of disclosure
(5) A corporation that is not an offering corporation shall make the disclosure by giving a notice to all shareholders within 90 days after giving the financial assistance.
Same, offering corporations
(6) Unless it makes the disclosure otherwise, a corporation that is an offering corporation shall make the disclosure,
(a) in each management information circular that the corporation is required to send to its shareholders in respect of each meeting held after it gives the financial assistance; or
(b) if the corporation does not send a management information circular to the shareholders before any meeting held after it gives the financial assistance, in a financial statement that the directors place before the shareholders at an annual meeting pursuant to subsection 154 (1) with respect to,
(i) each case in which financial assistance is given during the most recent financial year to which the financial statement relates, and
(ii) each case of financial assistance previously given that remains outstanding at the end of the most recent financial year to which the financial statement relates.
Validity of contract
(7) A contract made by a corporation in contravention of this section may be enforced by the corporation or by a lender.
4. Section 93 of the Act is amended by adding the following subsection:
Meeting by electronic means
(2) A meeting held under subsection 94 (2) shall be deemed to be held at the place where the registered office of the corporation is located.
5. Section 94 of the Act is amended by adding the following subsection:
Meeting by electronic means
(2) Where permitted by the articles or the by-laws, a meeting of the shareholders may be held by telephonic or electronic means and a shareholder who, through those means, votes at the meeting or establishes a communications link to the meeting shall be deemed for the purposes of this Act to be present at the meeting.
6. The definitions of "form of proxy" and "proxy" in section 109 of the Act are repealed and the following substituted:
"
form of proxy" means a form that is in written or printed format or a format generated by telephonic or electronic means and that becomes a proxy when completed and signed in writing or electronic signature by or on behalf of a shareholder; ("formule de procuration")
"
proxy" means a completed and signed form of proxy by means of which a shareholder has appointed a proxyholder to attend and act on a shareholder's behalf at a meeting of shareholders. ("procuration")
7. (1) Subsection 110 (2) of the Act is repealed and the following substituted:
Signature
(2) Subject to subsection (4.2), a proxy must be signed,
(a) in writing or by electronic signature by the shareholder or an attorney who is authorized by a document that is signed in writing or by electronic signature; or
(b) if the shareholder is a body corporate, by an officer or attorney of the body corporate duly authorized.
Expiry
(2.1) A proxy appointing a proxyholder to attend and act at a meeting or meetings of shareholders of an offering corporation ceases to be valid one year from its date.
(2) Subsection 110 (4) of the Act is repealed and the following substituted:
Revocation
(4) A shareholder may revoke a proxy,
(a) by depositing an instrument in writing that complies with subsection (4.1) and that is signed by the shareholder or by an attorney who is authorized by a document that is signed in writing or by electronic signature;
(b) by transmitting, by telephonic or electronic means, a revocation that complies with subsection (4.1) and that, subject to subsection (4.2), is signed by electronic signature; or
(c) in any other manner permitted by law.
Time of revocation
(4.1) The instrument or the revocation must be received,
(a) at the registered office of the corporation at any time up to and including the last business day preceding the day of the meeting, or any adjournment of it, at which the proxy is to be used; or
(b) by the chair of the meeting on the day of the meeting or an adjournment of it.
Electronic signature
(4.2) A shareholder or an attorney may sign, by electronic signature, a proxy, a revocation of proxy or a power of attorney authorizing the creation of either of them if the means of electronic signature permits a reliable determination that the document was created or communicated by or on behalf of the shareholder or the attorney, as the case may be.
8. Subsection 119 (9) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 71, is repealed and the following substituted:
Consent required
(9) Subject to subsection (10), the election or appointment of a director under this Act is not effective unless the person elected or appointed consents in writing before or within 10 days after the date of the election or appointment.
Later consent
(10) If the person elected or appointed consents in writing after the time period mentioned in subsection (9), the election or appointment is valid.
Exception
(11) Subsection (9) does not apply to a director who is re-elected or re-appointed where there is no break in the director's term of office.
9. Subsection 241 (5) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is repealed and the following substituted:
Revival
(5) Where a corporation is dissolved under subsection (4) or any predecessor of it, the Director on the application of any interested person, may, in his or her discretion, on the terms and conditions that the Director sees fit to impose, revive the corporation; upon revival, the corporation, subject to the terms and conditions imposed by the Director and to the rights, if any, acquired by any person during the period of dissolution, shall be deemed for all purposes to have never been dissolved.
Collection Agencies Act
10. Section 2 of the Collection Agencies Act is amended by adding "or" at the end of clause (f), by striking out "or" at the end of clause (g) and by repealing clause (h).
Consumer Protection Act
11. (1) The definitions of "actually received", "credit", "official fee" and "variable credit" in section 1 of the Consumer Protection Act are repealed.
(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1997, chapter 35, section 1, is further amended by adding the following definitions:
"
advance" means value received by the borrower under a credit agreement as determined by the regulations; ("avance")
"
APR" means the annual percentage rate in respect of a credit agreement or a lease that is determined in accordance with the regulations; ("TA")
"
brokerage fee" means an amount that a borrower pays or agrees to pay to a credit broker in consideration of the broker's services in arranging or attempting to arrange a credit agreement, and includes an amount that the lender deducts from an advance and pays to the broker; ("frais de courtage")
"
credit agreement" means an agreement under which a lender extends credit to a borrower and includes a loan of money, a credit sale and an agreement under which a loan of money or credit sale may occur in the future but does not include an agreement under which a lender extends credit on the security of a mortgage of real property or agreements of a type prescribed by the regulations; ("convention de crédit")
"
credit broker" means a person who, for remuneration, matches potential borrowers with potential lenders; ("courtier en crédit")
"
credit card" means a card or device under which a borrower can obtain advances under a credit agreement for open credit; ("carte de crédit")
"
credit sale" means an agreement for the purchase of goods or services under which a vendor extends credit to a purchaser for the purchase; ("vente à crédit")
"
default charge" means a charge imposed on a borrower who does not make a payment as it comes due under a credit agreement or who does not comply with any other obligation under a credit agreement but does not include interest on an overdue payment; ("frais de défaut")
"
fixed credit" means credit under a credit agreement that is not for open credit; ("crédit fixe")
"
floating rate" means a rate that bears a specified mathematical relationship to an index rate prescribed by the regulations; ("taux variable")
"
lease" means an agreement for the lease of goods, other than an agreement for the lease of goods in connection with a residential tenancy agreement and "lessor" and "lessee" have a corresponding meaning; ("bail, bailleur, preneur")
"
lease term" means the period during which the lessee is entitled to retain possession of the leased goods under a lease; ("durée du bail")
"
open credit" means credit under a credit agreement that,
(a) anticipates multiple advances to be made as requested by the borrower in accordance with the agreement, and
(b) does not define the total amount to be advanced to the borrower under the agreement, although it may impose a credit limit; ("crédit en blanc") "
optional service" means a service that is provided to a borrower in connection with a credit agreement and that the borrower does not have to accept in order to enter into the agreement; ("service facultatif")
"
residual obligation lease" means a lease under which the lessor may require the lessee at the end of the lease term to pay the lessor an amount based in whole or in part on the difference, if any, between,
(a) the lessor's reasonable estimate of the wholesale value of the leased goods at the end of the lease term, and
(b) the realizable value of the leased goods at the end of the lease term. ("bail à obligation résiduelle")
(3) The definition of "buyer" in section 1 of the Act is amended by adding "or a direct sales contract as defined in section 23.1" after "contract" in the third line.
(4) The definitions of "borrower", "cost of borrowing" and "lender" in section 1 of the Act are repealed and the following substituted:
"
borrower" means the party to a credit agreement or prospective credit agreement who, respectively, receives or will receive credit from the other party but does not include a guarantor; ("emprunteur")
"
cost of borrowing" means all amounts that a borrower is required to pay under or as a condition of entering into a credit agreement other than,
(a) a payment or repayment of a portion of the principal under the agreement as prescribed by the regulations, and
(b) charges prescribed by the regulations; ("coût d'emprunt") "
lender" means the party to a credit agreement or prospective credit agreement who, respectively, extends or will extend credit to the borrower and includes a credit card issuer. ("prêteur")
12. Section 18 of the Act is repealed and the following substituted:
Application of Part
18. This Part applies to executory contracts for the sale of goods or services where the purchase price, excluding the cost of borrowing, exceeds a prescribed amount, but does not apply to executory contracts to which Part II.1 applies.
13. (1) Subsection 19 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Form of executory contract
(1) Every executory contract, other than an executory contract under an agreement for open credit, shall be in writing and shall contain,
. . . . .
(2) Clause 19 (1) (e) of the Act is repealed and the following substituted:
(e) where credit is extended, the statements that Part III requires the lender to deliver to the borrower in respect of the credit agreement and the statements that Part III.1 requires the lessor to deliver to the lessee in respect of the lease.
(3) Subsection 19 (3) of the Act is amended by,
(a) striking out "an allowance for a trade-in" in the third line and substituting "a trade-in allowance as defined in section 23.1"\; and
(b) striking out "des frais d'emprunt" in the eleventh line of the French version and substituting "du coût d'emprunt".
14. (1) Subsection 21 (1) of the Act is amended by striking out "two" in the seventh line and substituting "10".
(2) The English version of section 21 of the Act is amended by striking out "rescind", "rescinds" and "rescission" wherever they appear, and substituting in each case "cancel", "cancels" and "cancellation" respectively.
(3) Subsection 21 (3) of the Act is amended by striking out "two-day" in the fourth line and substituting "10-day".
15. The Act is amended by adding the following Part:
PART II.1
DIRECT SALES CONTRACTS
Definitions
23.1 In this Part,
"
direct sales contract" means a contract between a buyer and a seller for goods or services where,
(a) the purchase price exceeds a prescribed amount, and
(b) the contract is negotiated or concluded in person at a place other than the seller's place of business or a market place, auction, trade fair, agricultural fair or exhibition; ("contrat de vente directe") "
trade-in allowance" means the greater of,
(a) the price or value of the buyer's goods as set out in a trade-in arrangement, and
(b) the market value of the buyer's goods when taken in trade under a trade-in arrangement; ("valeur de reprise") "
trade-in arrangement" means an agreement or arrangement, contained in a direct sales contract or forming the whole or part of a related agreement, under which the buyer sells or agrees to sell the buyer's own goods to the seller and the seller accepts the goods as all or part of the consideration under the contract. ("accord de reprise")
Contents of contract
23.2 (1) A direct sales contract must contain the information required by the regulations.
Written copy
(2) A seller who enters into a direct sales contract with a buyer shall deliver to the buyer a written copy of the contract that contains the information required by the regulations.
Cancellation right
23.3 (1) A buyer under a direct sales contract may, without any reason, cancel the contract at any time from the date of entering into the contract until 10 days after receiving the written copy of the contract mentioned in section 23.2.
Failure to meet requirements
(2) In addition to the right under subsection (1), a buyer under a direct sales contract may cancel the contract within one year of the date of entering into the contract if it does not contain all the information required by section 23.2.
Failure to supply
(3) In addition to the right under subsection (1), a buyer under a direct sales contract may cancel the contract within one year from the date of entering into the contract if the seller,
(a) does not deliver the goods required by the contract within 30 days of the delivery date specified in the contract or an amended delivery date agreed upon in writing by the buyer and the seller; or
(b) does not begin to provide the services required by the contract within 30 days of the commencement date specified in the contract or an amended commencement date agreed on in writing by the buyer and seller.
Forgiveness of failure
(4) If, after the period mentioned in subsection (3) has expired, the buyer accepts delivery of the goods or authorizes the services to begin, the buyer may not cancel the direct sales contract under subsection (3).
Notice of cancellation
23.4 (1) To cancel a direct sales contract, a buyer shall give a notice of cancellation in accordance with this section.
Effective time
(2) The cancellation takes effect when the buyer gives the notice of cancellation.
No required form
(3) The notice of cancellation may be expressed in any way, as long as it indicates the intention of the buyer to cancel the direct sales contract.
Means of delivery
(4) The notice of cancellation may be given by any means, including personal service, registered mail, courier or telecopier or any other method by which the buyer can provide evidence of the date of cancelling the direct sales contract.
When given
(5) Where the notice is given other than by personal service the notice of cancellation shall be deemed to have been given when sent.
Address
(6) The buyer may send or deliver the notice of cancellation to the seller at the address set out in the direct sales contract or, if the buyer did not receive a copy of the contract or the address of the seller was not set out in the contract, the buyer may send or deliver the notice,
(a) to any address of the seller on record with the Government of Ontario or the Government of Canada;
(b) to an address of the seller known by the buyer; or
(c) to a salesperson of the seller at an address known by the buyer.
Effect of cancellation
23.5 (1) A cancellation of a direct sales contract in accordance with this Part operates to cancel, as if they never existed,
(a) the contract;
(b) all sales related to the contract;
(c) all guarantees given in respect of money payable under the contract; and
(d) all security given by the buyer or a guarantor in respect of money payable under the contract.
Credit contract
(2) If the seller extends or arranges credit for the direct sales contract, the credit contract is conditional on the direct sales contract, whether or not the credit contract is part of it or attached to it.
Effect on credit contract
(3) If the direct sales contract is cancelled, the cancellation operates to cancel the credit contract as if it had never existed.
Obligations on cancellation
23.6 (1) In this section,
"
buyer's address" means the place specified in the direct sales contract as the buyer's address, or, if the address shown does not specifically identify the place by a municipal address, the place where the buyer actually resided at the time the direct sales contract was made.
Refund
(2) Within 15 days after the buyer cancels a direct sales contract, the seller shall,
(a) subject to the regulations, refund to the buyer all money paid by the buyer under the contract or a related sale or pre-existing contract; and
(b) return to the buyer's address,
(i) in a condition substantially the same as when they were delivered, all the goods that the buyer delivered under a trade-in arrangement, or
(ii) an amount equal to the trade-in allowance for the goods that the buyer delivered under a trade-in arrangement.
Repossession of goods
(3) Upon cancelling a direct sales contract, the buyer shall allow the seller or a person described in subsection (4) a reasonable opportunity to repossess, at the buyer's address, the goods that came into the buyer's possession under the contract or a related sale or pre-existing contract if the seller gives the buyer a written request and has complied with subsection (2).
Other person
(4) The buyer may allow the opportunity to a person authorized by the seller or a person specified in the direct sales contract as a person to whom the buyer may give a notice of cancellation.
Return of goods
(5) Instead of complying with subsection (3), the buyer may return the goods to the seller or a person described in subsection (4) and in that case the seller or the person, as the case may be, shall be deemed to have consented to the return of the goods.
Discharge of obligation
(6) Compliance with subsection (3) or (5) discharges the buyer from all obligations relating to the goods.
Reasonable care
(7) The buyer is under an obligation to take reasonable care of the goods delivered to the buyer under a direct sales contract or a related sale or pre-existing contract until the earliest of,
(a) compliance by the buyer with subsection (3);
(b) the date that the buyer returns the goods under subsection (5); and
(c) the expiration of 21 days from the date of giving the notice of cancellation, if the buyer returns the goods under subsection (5).
To whom obligation owed
(8) The buyer owes the obligation described in subsection (7) to the person entitled to possession of the goods at the time in question.
No further obligation
(9) Except as provided by this section, the buyer is under no obligation, whether arising by contract or otherwise, to take care of the goods.
Title to goods under trade-in arrangement
23.7 If the buyer recovers an amount equal to the trade-in allowance under subsection 23.6 (2) and the title of the buyer to the goods delivered under the trade-in arrangement has not passed from the buyer, the title to the goods vests in the person entitled to the goods under the trade-in arrangement.
16. Sections 24, 25, 26, 27, 28 and 29 of the Act are repealed and the following substituted:
PART III
CREDIT AGREEMENTS
General
Application of Part
24. (1) This Part does not apply to a credit agreement unless,
(a) the borrower is an individual who has entered into the agreement other than in the course of carrying on a business; and
(b) the agreement has been,
(i) made by a lender in the course of carrying on a business, or
(ii) arranged by a credit broker.
Non-application
(2) This Part does not apply to a credit sale that,
(a) requires the purchaser to make payment in full for the goods under the sale in a single payment within a certain period after the vendor delivers a written invoice or statement of account to the purchaser;
(b) is unconditionally interest-free during the period for payment described in clause (a);
(c) does not provide for any non-interest charges;
(d) is unsecured apart from liens on the goods under the sale that may arise by operation of law; and
(e) the vendor cannot assign in the ordinary course of business other than as security.
Obligations of credit brokers
(3) If a credit broker arranges a credit agreement for a lender who does not enter into the agreement in the course of carrying on a business, the obligations that this Part imposes on the lender shall be deemed to be obligations of the credit broker and not the lender.
Transitional
(4) Sections 29.2, 29.4 and 29.5 do not apply to a credit agreement that the parties have entered into before section 16 of Schedule F to the Red Tape Reduction Act, 1998 (No. 2) comes into force and sections 24, 25 and 28, as they read immediately before that section comes into force, continue to apply to that agreement.
Agreement for credit card
25. (1) A person who applies for a credit card without signing an application form or who receives a credit card from a credit card issuer without applying for it shall be deemed to have entered into a credit agreement with the issuer with respect to the card on first using the card.
Liability
(2) A person described in subsection (1) is not liable to pay the lender any amount in respect of the credit card received in the circumstances described in that subsection until the person uses the card.
Consequence of non-disclosure
26. A borrower under a credit agreement is not liable to pay the lender as part of the cost of borrowing any amount in excess of the amounts specified in the statements that this Part requires the lender to deliver to the borrower in respect of the agreement.
Required insurance
27. (1) A borrower who is required under a credit agreement to purchase any insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the lender may reserve the right to disapprove, on reasonable grounds, an insurer selected by the borrower.
Disclosure by lender
(2) A lender who offers to provide or to arrange insurance required under a credit agreement shall at the same time clearly disclose to the borrower in writing that the borrower may purchase the insurance through an agent from an insurer of the borrower's choice.
Cancellation of optional services
28. (1) A borrower may cancel an optional service of a continuing nature provided by the lender on giving one month's notice or the shorter period of notice that is specified in the agreement under which the service is provided.
Liability of borrower
(2) A borrower who cancels an optional service in accordance with subsection (1) is not liable for charges relating to any portion of the service that has not been provided at the time of cancellation and is entitled to a refund of amounts already paid for those charges.
Deferral of payments
29. (1) If the lender under a credit agreement invites the borrower to defer making a payment that would otherwise be due under the agreement, the invitation must clearly disclose whether or not interest will accrue on the unpaid amount during the period of the deferral.
Waiver of interest
(2) If the invitation does not disclose whether or not interest will accrue on the unpaid amount during the period of the deferral, the lender shall be deemed to have waived the interest that would otherwise accrue during the period.
Default charges
29.1 A lender is not entitled to impose on a borrower under a credit agreement default charges other than,
(a) reasonable charges in respect of legal costs that the lender incurs in collecting or attempting to collect a required payment by the borrower under the agreement;
(b) reasonable charges in respect of costs, including legal costs, that the lender incurs in realizing a security interest or protecting the subject matter of a security interest after default under the agreement; or
(c) reasonable charges reflecting the costs that the lender incurs because a required payment by the borrower under the agreement has been dishonoured.
Prepayment
29.2 (1) A borrower is entitled to pay the full balance of outstanding principal under a credit agreement at any time without any prepayment charge or penalty.
Credit to borrower
(2) If a borrower prepays the full balance of outstanding principal under a credit agreement for fixed credit, the lender shall refund to the borrower or credit the borrower with the amount determined in accordance with the regulations that is a portion of the charges, other than charges on account of interest, that the borrower was required to pay under the agreement or that were added to the principal under the agreement.
Partial prepayment
(3) A borrower is entitled to prepay a portion of the balance of outstanding principal under a credit agreement for fixed credit on any scheduled date of the borrower's required payments under the agreement or once in any month without any prepayment charge or penalty.
No credit to borrower
(4) A borrower who makes a payment under subsection (3) is not entitled to a credit for the charges, other than charges on account of interest, that the borrower was required to pay under the agreement or that were added to the principal under the agreement.
Disclosure
Advertising
29.3 (1) No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations include the information prescribed by the regulations.
Credit cards
(2) No credit card issuer shall make information about a credit card available, whether in writing, orally or in any other form, unless it contains the information about the credit card that is prescribed by the regulations.
Credit broker's statement
29.4 If a credit broker takes an application from a borrower for a credit agreement and sends it to a lender who, in the course of carrying on a business, enters into the credit agreement with the borrower, the broker shall promptly deliver to the borrower a statement that,
(a) states the amount of the brokerage fee;
(b) indicates the effect that the brokerage fee will have on the APR under the agreement and the total amount, calculated in accordance with the regulations, of all payments that the borrower is required to make under the agreement, if applicable; and
(c) contains all the other information that the lender is required to disclose to the borrower in the initial disclosure statement.
Initial disclosure statement
29.5 (1) Every lender shall deliver an initial disclosure statement for a credit agreement to the borrower before the earlier of,
(a) the time that the borrower enters into the agreement; and
(b) the time that the borrower makes any payment in connection with the agreement.
Form of statement
(2) The initial disclosure statement shall,
(a) be in writing or, if the borrower consents, in a form that allows the borrower to retain it; and
(b) express the information contained in it clearly, concisely and prominently.
Contents of statement, fixed credit
(3) The initial disclosure statement for a credit agreement for fixed credit shall state,
(a) the total, calculated in accordance with the regulations, of the value that the borrower will receive under the agreement;
(b) the total amount, calculated in accordance with the regulations, of all payments that the borrower is required to make under the agreement;
(c) the term of the agreement and the amortization period if different from the term;
(d) the annual interest rate under the agreement and the particulars about the interest payable under the agreement that are prescribed by the regulations;
(e) the APR under the agreement if different from the annual interest rate;
(f) the particulars about the amount and timing of all payments under the agreement that are prescribed by the regulations; and
(g) all other information about the agreement that is prescribed by the regulations.
Contents of statement, open credit
(4) The initial disclosure statement for a credit agreement for open credit shall state,
(a) the credit limit under the agreement;
(b) the term of each period for which the lender is required to deliver a statement of account to the borrower under section 29.7;
(c) the minimum payment required under the agreement for the period or the method of calculating it;
(d) if the agreement is for a credit card and requires the borrower to pay the balance outstanding under the agreement in full on receiving each statement of account,
(i) the fact that the borrower has that obligation, and
(ii) the period after receiving a statement of account within which the borrower is required to pay the balance outstanding under the agreement in order to avoid being in default under the agreement;
(e) the interest rate under the agreement if it is fixed or the manner in which interest is calculated under the agreement if there is no fixed interest rate;
(f) the particulars about the interest payable under the agreement that are prescribed by the regulations;
(g) the APR under the agreement except in the case of a credit agreement for a credit card;
(h) if the agreement is for a credit card, the maximum liability of the borrower under the agreement in cases where the borrower has not authorized the use of the card; and
(i) all other information about the agreement that is prescribed by the regulations.
Brokerage fee
(5) If a credit broker arranges a credit agreement for the lender, the initial disclosure statement shall,
(a) state the amount of the brokerage fee that the borrower is required to pay if,
(i) the lender does not enter into the agreement in the course of carrying on a business, or
(ii) the lender enters into the agreement in the course of carrying on a business and the lender deducts the brokerage fee from advances payable under the agreement; and
(b) where the amount of the brokerage fee is required to be stated under clause (a), account for the brokerage fee in the APR under the agreement and the amount described in clause (3) (b), if applicable.
Adoption of other statement
(6) If a credit broker has delivered a statement to the borrower under section 29.4, the lender may adopt it as the initial disclosure statement that the lender is required to deliver under this section.
Subsequent disclosure: fixed credit
29.6 (1) If the interest rate on a credit agreement for fixed credit is a floating rate, the lender shall, at least once every twelve months after entering into the agreement, deliver to the borrower a disclosure statement for the period covered by the statement stating,
(a) the annual interest rate at the beginning and end of the period;
(b) the balance of outstanding principal under the agreement at the beginning and end of the period;
(c) if the agreement contains a schedule of required payments by the borrower, the amount and timing of all remaining payments based on the annual interest rate at the end of the period covered by the statement; and
(d) all other information about the agreement that is prescribed by the regulations.
Increase in interest rate
(2) If the interest rate on a credit agreement for fixed credit is not a floating rate and the agreement allows the lender to change the interest rate, the lender shall, within 30 days after increasing the annual interest rate to a rate that is at least 1 per cent higher than the rate most recently disclosed to the borrower, deliver to the borrower a disclosure statement stating,
(a) the new annual interest rate;
(b) the date the new rate takes effect;
(c) the way in which the amount or timing of any payment will be affected by the change in the interest rate; and
(d) all other information about the agreement that is prescribed by the regulations.
Insufficient scheduled payments
(3) If the principal under a credit agreement for fixed credit increases as a result of default charges or the failure of the borrower to make payments under the agreement to the point that the amount of the borrower's scheduled payments under the agreement is no longer sufficient to cover accrued interest under the agreement, the lender shall give the borrower notice in writing to that effect within 30 days.
Amendments
(4) If information disclosed in a disclosure statement delivered under this section changes because of an amendment to a credit agreement, the lender shall deliver a supplementary disclosure statement to the borrower within 30 days after the amendment is made setting out the changed information, subject to subsection (5).
Exception
(5) If an amendment to a credit agreement consists only of a change in the schedule of required payments by the borrower, it is not necessary for the supplementary disclosure statement to disclose any change to the APR or any decrease in the total required payments by the borrower or the total cost of borrowing under the agreement.
Subsequent disclosure: open credit
29.7 (1) Subject to subsection (2), the lender under a credit agreement for open credit shall deliver a statement of account to the borrower at least once monthly after entering into the agreement.
Exception
(2) The lender is not required to deliver a statement of account to the borrower if,
(a) during the period since the most recent statement of account, the borrower received no advances and made no payments under the agreement; and
(b) at the end of the period,
(i) the outstanding balance payable by the borrower under the agreement is zero, or
(ii) the borrower is in default under the agreement and the lender has notified the borrower that the lender has cancelled or suspended the right of the borrower to obtain advances under the agreement and has demanded payment of the outstanding balance payable by the borrower under the agreement.
Information about account
(3) The lender shall provide to the borrower a telephone number at which the borrower can make inquiries about the borrower's account during the lender's ordinary business hours without incurring any charges for the telephone call.
Contents of statement of account
(4) A statement of account for a credit agreement for open credit shall state, where applicable,
(a) the dates of the period since the most recent statement of account;
(b) the balance outstanding under the agreement at the beginning of the period;
(c) the amount, description and posting date of each transaction added to the balance outstanding under the agreement during the period;
(d) the amount and posting date of each payment or credit subtracted from the balance outstanding under the agreement during the period;
(e) the annual interest rate or rates in effect during the period;
(f) the amount of interest charged to the borrower during the period;
(g) the total amount of all advances and charges charged to the borrower during the period, including purchases made by the borrower and interest;
(h) the total amount of all payments made by the borrower during the period;
(i) the balance outstanding under the agreement at the end of the period;
(j) the credit limit of the borrower under the agreement;
(k) the minimum initial payment that the borrower is required to pay under the agreement for the period;
(l) the due date for the payment described in clause (k); and
(m) all other information about the period that is prescribed by the regulations.
Change in interest rate
(5) A lender under a credit agreement for open credit who changes the interest rate under the agreement shall notify the borrower of the change,
(a) in the next statement of account after the change, in the case of a credit agreement that is not for a credit card; and
(b) at least 30 days before the change, in the case of a credit agreement that is for a credit card where the interest rate is not a floating rate.
Other changes
(6) A lender under a credit agreement for open credit who, pursuant to the agreement, changes any of the matters mentioned in subsection 29.5 (4), other than the interest rate under the agreement, shall notify the borrower of the change,
(a) in the next statement of account after the change, if the change is not a material change as determined by the regulations; and
(b) at least 30 days before the change, if the change is a material change as determined by the regulations.
17. (1) The Act is amended by adding the following heading immediately preceding subsection 30 (1):
Assignment of Security for Credit
(2) Subsection 30 (1) of the Act is amended by striking out "section 24" in the fifth line and substituting "section 29.5".
18. The Act is amended by adding the following Part:
PART III.1
LEASES
Application of Part
32.1 This Part does not apply to a lease unless it is,
(a) a lease for a fixed term of four months or more;
(b) a lease for an indefinite term or that is renewed automatically until one of the parties takes positive steps to terminate it; or
(c) a residual obligation lease.
Advertising
32.2 No lessor shall make representations or cause representations to be made about the cost of a lease of the lessor, whether orally, in writing or in any other form, unless the representations include the information prescribed by the regulations.
Initial disclosure statement
32.3 (1) Every lessor shall deliver an initial disclosure statement for a lease to the lessee before the earlier of,
(a) the time that the lessee enters into the lease; and
(b) the time that the lessee makes any payment in connection with the lease.
Form of statement
(2) The initial disclosure statement shall,
(a) be in writing or in a form to which the lessee consents; and
(b) express the information contained in it clearly, concisely and prominently.
Contents of statement
(3) The initial disclosure statement for a lease shall contain,
(a) a statement that the transaction is a lease;
(b) a description of the leased goods and their value determined in accordance with the regulations;
(c) the lease term;
(d) the lessor's reasonable estimate of the wholesale value of the leased goods at the end of the lease term;
(e) the total amount, calculated in accordance with the regulations, of all payments that the lessee is required to make under the lease;
(f) the particulars about the amount and timing of all payments under the lease as is prescribed by the regulations;
(g) the APR under the lease; and
(h) all other information about the lease that is prescribed by the regulations.
Residual obligation lease
32.4 The maximum liability of the lessee at the end of the term of a residual obligation lease after returning the leased goods to the lessor shall be the amount calculated in accordance with the regulations.
19. (1) The definition of "credit" in subsection 36 (1) of the Act is repealed.
(2) Subsection 36 (2) of the Act is repealed.
(3) Subsection 36 (4) of the Act is amended by striking out "or of a credit card that has not been requested or accepted in accordance with subsection (2)" in the second, third and fourth lines.
20. (1) Section 40 of the Act, as amended by the Statutes of Ontario, 1997, chapter 35, section 1, is further amended by adding the following clause:
(a) prescribing any matter mentioned in this Act as prescribed by the regulations.
(2) The French version of clause 40 (g) of the Act is amended by striking out "des frais d'emprunt" in the second and third lines and substituting "du coût d'emprunt".
(3) Clauses 40 (h), (i) and (j) of the Act are repealed and the following substituted:
(h) prescribing amounts for the purposes of section 18 and the definition of "direct sales contract" in section 23.1;
(i) governing what information must be contained in a direct sales contract and the written copy of a direct sales contract;
(j) prescribing the circumstances in which a seller is not required to refund all money paid by a buyer under clause 23.6 (2) (a) and prescribing limits on the amount of money a seller is not required to refund in those circumstances;
(j.1) respecting the form in which a person is authorized to make representations or to make information available under section 29.3 or 32.2 or the form in which a person is required to make a statement under Part III or III.1;
(j.2) prescribing the maximum liability of a borrower under a credit agreement for a credit card in cases where the borrower has not authorized the use of the card;
(j.3) limiting the amount of compensation that a lessor may charge the lessee for termination of the lease before the end of the lease term.
(4) Clause 40 (o) of the Act is repealed.
(5) Section 40 of the Act, as amended by the Statutes of Ontario, 1997, chapter 35, section 1, is further amended by adding the following subsection:
Application of regulations
(2) A regulation may,
(a) be general or specific in nature;
(b) define classes of credit agreements or leases for the purpose of the regulations; and
(c) provide differently for different classes of credit agreements or leases.
Corporations Act
21. Subsections 131 (2) and (3) of the Corporations Act are repealed and the following substituted:
Authorization
(2) An application under subsection (1) shall be authorized by a special resolution.
22. (1) Subsection 313 (1) of the Act is amended by inserting "other than an insurance company" after "Ontario" in the second line.
(2) Section 313 of the Act is amended by adding the following subsection:
Same, insurance company
(1.1) An insurance company incorporated under this Act may, if authorized by special resolution, by the Superintendent of Financial Services appointed under section 5 of the Financial Services Commission of Ontario Act, 1997 and by the laws of any other jurisdiction in Canada, apply to the proper officer of that other jurisdiction for an instrument of continuation continuing the insurance company as if it had been incorporated under the laws of that other jurisdiction.
(3) Subsection 313 (3) of the Act is repealed.
Corporations Information Act
23. Subsection 3.1 (2) of the Corporations Information Act, as set out in subsection 1 (2) of the Corporations Information Amendment Act, 1995, is repealed and the following substituted:
Exception
(2) Instead of delivering a return under subsection (1) to the Minister of Finance, a corporation may deliver the return to the Minister if the return is in electronic format.
Elevating Devices Act
24. The English version of subsection 10 (1) of the Elevating Devices Act is amended by inserting "with" before "an order" in the sixth line.
Extra-Provincial Corporations Act
25. (1) Subsection 2 (1) of the Extra-Provincial Corporations Act is amended by striking out Class 2 and substituting the following:
Class 2. Corporations incorporated or continued by or under the authority of an Act of the Parliament of Canada or of the legislature of a territory of Canada.
(2) Subsection 2 (2) of the Act is repealed and the following substituted:
Class 1
(2) Corporations incorporated under the laws of the Northwest Territories or of Nunavut but governed by the corporation laws of a province are corporations within Class 1.
26. Section 9 of the Act is repealed and the following substituted:
Use of other name
9. An extra-provincial corporation may, subject to its incorporating instrument, the Corporations Information Act and any other Act, use and identify itself in Ontario by a name other than its corporate name.
Land Titles Act
27. Section 75 of the Land Titles Act is repealed and the following substituted:
Amendment of register
75. Upon the application of the registered owner or the owner of a registered interest in the registered owner's title or a notice, caution, inhibition or restriction in the title that is registered under section 71, the land registrar may amend any entry in the register of the title to reflect the effect of other statutes, orders of a court, a change in the name of owner or other changes that have occurred in fact.
28. (1) Subsection 165 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 86, is further amended by striking out the portion before clause (a) and substituting the following:
Production of instruments and copies
(4) Upon receiving the required fee, if any, the land registrar shall, in the required manner,
. . . . .
(2) On the later of the day this section comes into force and the day section 159 of Schedule E to the Red Tape Reduction Act, 1998 (No. 1) comes into force, subsection 165 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 86 and 1998, chapter 18, Schedule E, section 159, is further amended by striking out the portion before clause (a) and substituting the portion set out in subsection (1).
Liquor Licence Act
29. The Liquor Licence Act is amended by adding the following section:
Definitions
20.1 (1) In this section,
"
caterer's endorsement" means an endorsement to a licence to sell liquor, made under the regulations, authorizing an applicant to sell and serve liquor for an event held on premises other than premises to which the licence applies; ("avenant relatif au traiteur")
"
special occasion permit" means a permit issued under section 19. ("permis de circonstance")
Restriction
(2) The Board shall not grant a special occasion permit or a caterer's endorsement with respect to a premises if,
(a) the Board has refused an application for a licence to sell liquor on the premises on the ground described in clause 6 (2) (h) within the past two years;
(b) the Board has revoked or suspended the licence to sell liquor on the premises and the revocation or suspension is still in effect; or
(c) a disqualification under section 20 is in effect concerning the premises.
Saving
(3) Despite clause (2) (a), the Board may authorize the sale or service of liquor at a premises under a special occasion permit or a caterer's endorsement if it is satisfied that a significant change in circumstances has occurred since the time the Board refused to issue a licence on the basis of clause 6 (2) (h).
Marriage Act
30. Subsection 11 (5) of the Marriage Act is repealed.
31. Section 13 of the Act is amended by adding the following subsection:
Information disclosed
(3) The search shall not disclose any information other than whether or not a licence has been issued and, if so, the date of issue of the licence.
32. Subsection 28 (2) of the Act is repealed and the following substituted:
Record of marriage
(2) Every person who solemnizes a marriage shall, at the time of the marriage, if required by either of the parties, give a record of solemnization of the marriage specifying the names of the parties, the date of the marriage, the names of the witnesses, and whether the marriage was solemnized under the authority of a licence or publication of banns.
Prepaid Services Act
33. The definition of "customer" in section 1 of the Prepaid Services Act is repealed and the following substituted:
"
customer" means an individual who enters into, or is discussing with an operator the prospect of entering into, a contract. ("client")
Registry Act
34. (1) Subsection 15 (4) of the Registry Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 99, is further amended by striking out the portion before clause (a) and substituting the following:
Production of instruments and copies
(4) Upon receiving the required fee, if any, the land registrar shall, in the required manner,
. . . . .
(2) On the later of the day this section comes into force and the day section 214 of Schedule E to the Red Tape Reduction Act, 1998 (No. 1) comes into force, subsection 15 (4) of the Act, as amended by the Statutes of Ontario 1994, chapter 27, section 99 and 1998, chapter 18, Schedule E, section 214, is further amended by striking out the portion before clause (a) and substituting the portion set out in subsection (1).
35. On the later of the day this section comes into force and the day section 216 of Schedule E to the Red Tape Reduction Act, 1998 (No.1) comes into force, subsection 18 (6) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 18, Schedule E, section 216, is further amended by adding the following paragraph:
18. Instruments of a class prescribed by the Minister.
36. Section 38 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding the following subsection:
Supporting statement
(1.1) No judgment or order shall be registered unless it is supported by a solicitor's statement that it,
(a) is in full force and effect and has not been stayed; and
(b) affects the land mentioned in it.
37. On the later of the day this section comes into force and the day section 237 of Schedule E to the Red Tape Reduction Act, 1998 (No. 1) comes into force, subclause 53 (1) (a) (iii) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 237, is repealed and the following substituted:
(iii) one of the following:
1. A statement that the testator died on or about a specified date, made by any person who has personal knowledge of that fact.
2. A death certificate under the Vital Statistics Act in respect of the death of the testator or a notarial copy of the certificate.
3. A certificate in respect of the death of the testator issued by a funeral director who has provided funeral services in respect of the death or a notarial copy of the certificate.
38. (1) Subsection 67 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "de la mainlevée" in the second line of the French version and substituting "d'un acte qui se présente comme étant une mainlevée valide" and by adding the following clause:
(g) a certificate under subsection 3 (3) of the Housing Development Act.
(2) Subsections 67 (2) and (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, are repealed and the following substituted:
Deletion after two years
(2) After the expiry of the two year period mentioned in subsection (1), the land registrar may,
(a) delete from the abstract index, in the manner that the Director specifies, the entry of any instrument to which subsection (1) applies; or
(b) make an entry in the abstract index, in the manner that the Director specifies, indicating that the entry of any instrument to which subsection (1) applies is deleted.
Restriction
(3) Despite subsection (2), the land registrar shall not take any action described in that subsection with respect to the entry of an instrument in the abstract index for a lot or part of a lot unless all the lot or part is free of claims under the instrument by virtue of the operation of subsection (1).
Deletion at any time
(4) The land registrar may,
(a) delete from the abstract index, in the manner that the Director specifies, the entry of a notice of the granting of a pension registered under section 13 of The Old Age Pensions Act, being chapter 258 of the Revised Statutes of Ontario, 1950, or any predecessor of that section; or
(b) make an entry in the abstract index, in the manner that the Director specifies, indicating that the entry of any instrument described in clause (a) is deleted.
Early deletion
(5) If the land registrar is satisfied that an instrument purporting to be a discharge of an instrument mentioned in subsection (1) validly discharges the land described in the discharging instrument from any claim arising under the instrument being discharged or under any other instrument relating exclusively to the instrument being discharged, the land registrar may, before the expiry of the two year period mentioned in that subsection,
(a) delete from the abstract index, in the manner that the Director specifies, the entry of the instrument being discharged and all other instruments relating exclusively to that instrument; or
(b) make an entry in the abstract index, in the manner that the Director specifies, indicating that the entry of the instrument being discharged and all other instruments relating exclusively to that instrument is deleted.
Effect of deletion
(6) If the land registrar complies with subsection (2) or (5), the land described in the discharging instrument is not affected by any claim under the instrument being discharged.
39. (1) Clauses 76 (2) (a) and (b) of the Act are repealed and the following substituted:
(a) make, date and certify the necessary entries, alterations or corrections in the manner that the Director specifies, unless the Director authorizes the land registrar not to make them; and
(b) notify all persons who may be adversely affected by the necessary entries, alterations or corrections.
(2) On the later of the day this section comes into force and the day section 250 to Schedule E to the Red Tape Reduction Act, 1998 (No. 1) comes into force, clause 76 (2) (b) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 250, is repealed and clause 76 (2) (b), as set out in subsection (1), is substituted.
Safety and Consumer Statutes Administration Act, 1996
40. The French version of subsection 4 (1) of the Safety and Consumer Statutes Administration Act, 1996 is amended by striking out "tant qu'il n'a pas conclu d'accord d'application avec lui" in the third and fourth lines and substituting "tant que le ministre et l'organisme n'ont pas conclu d'accord d'application".
41. Subsection 13 (3) of the Act is repealed and the following substituted:
Tabling
(3) The Minister shall,
(a) submit the report to the Lieutenant Governor in Council;
(b) lay the report before the Assembly if it is in session; and
(c) deposit the report with the Clerk of the Assembly if the Assembly is not in session.
Disclosure by administrative authority
(4) The board of a designated administrative authority may give a copy of its report under subsection (1) to other persons before the Minister complies with subsection (3).
Upholstered and Stuffed Articles Act
42. The English version of section 8 of the Upholstered and Stuffed Articles Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 101, is repealed and the following substituted:
Inspection
8. An inspector who has reasonable and probable grounds to believe that any person is acting as a manufacturer or renovator while unregistered may at any reasonable time enter upon the person's business premises to make an inspection for the purpose of determining whether or not the person is in contravention of section 4.
Vital Statistics Act
43. Subsection 6 (3) of the Vital Statistics Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 102, is amended by striking out "employed in the Office of the Registrar General" in the second and third lines.
44. Section 31 of the Act is amended by adding the following subsections:
Sealing original birth registration
(2.1) Upon receipt of evidence satisfactory to the Registrar General that the province or territory of Canada or foreign state in which the name of a person has been changed has treated the application for the change of name as confidential in accordance with subsection (2.3), the Registrar General may withdraw the original registration of the person's birth in Ontario, seal it in a separate file and replace the registration with a registration of birth in the name as changed.
Sealing original marriage registration
(2.2) Upon receipt of evidence satisfactory to the Registrar General that both parties to a marriage registered in Ontario have changed their name in a province or territory of Canada or foreign state that has treated the application for the change of name as confidential in accordance with subsection (2.3), the Registrar General may, upon the request of both parties, withdraw the original registration of the marriage in Ontario, seal it in a separate file and replace the registration with a registration of marriage in the names of the parties as changed.
Confidential application
(2.3) Subsections (2.1) and (2.2) apply to an application for a change of name if the province or territory of Canada or foreign state in which the name of the person has been changed,
(a) has sealed the application in a separate file;
(b) has not published notice of the change of name or given notice of it to any person; and
(c) has not entered the change of name in any record open to the public.
Commencement
Commencement
45. (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
Same
(2) Sections 1 to 9, 11 to 23, 26, 30, 31 and 32 come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3) Section 25 comes into force on April 1, 1999.
SCHEDULE G
LICENCE APPEAL TRIBUNAL ACT, 1998
Definition
1. In this Act,
"
Tribunal" means the Licence Appeal Tribunal.
Tribunal established
2. (1) There is hereby established a tribunal to be known in English as the Licence Appeal Tribunal and in French as Tribunal d'appel en matière de permis.
Members
(2) The Tribunal shall consist of not fewer than three members.
Appointment
(3) The Lieutenant Governor in Council shall appoint the members and designate the term of their appointment.
Remuneration and expenses
(4) Each member of the Tribunal, other than a full-time member, shall receive the remuneration that the Lieutenant Governor in Council determines and reimbursement for the member's reasonable and necessary expenses incurred in attending meetings and in transacting the business of the Tribunal.
Duties and powers
3. (1) The Tribunal shall hold the hearings and perform the other duties that are assigned to it by or under any Act or regulation.
Powers
(2) Except as limited by this Act, the Tribunal has all the powers that are necessary or expedient for carrying out its duties.
Quorum
4. (1) One member of the Tribunal constitutes a quorum and may exercise all the powers of the Tribunal.
Chair and vice-chair
(2) The Lieutenant Governor in Council shall designate one of the members as chair and may designate one or more other members as vice-chairs of the Tribunal.
Duties of chair
(3) The chair shall have general supervision and direction over the conduct of the affairs of the Tribunal and, subject to subsection (4), shall arrange the sittings of the Tribunal and assign members to panels to conduct hearings as circumstances require, except that no more than three members may sit on a panel.
Composition of panel
(4) The panel that conducts a hearing shall include a member of the Tribunal who is a legally qualified medical practitioner if the hearing involves,
(a) an appeal of a suspension of a driver's licence under section 50 of the Highway Traffic Act\; and
(b) the appeal involves the medical condition or fitness to drive of the holder of the licence.
Chair of panel
(5) The chair shall appoint a chair for each panel from the members sitting on the panel.
Resolving deadlock
(6) If a panel of the Tribunal consists of two members and they do not agree on a decision, the decision of the chair of the panel shall be the decision of the panel.
Member to complete hearing
(7) If the term of office of a member of the Tribunal sitting for a hearing expires during the hearing, the member remains a member of the Tribunal for the purpose of completing the hearing.
No personal liability
5. No action or other proceeding for damages shall be instituted against any member of the Tribunal or anyone appointed to the service of the Tribunal for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.
Rules of Tribunal
6. (1) The Tribunal may make rules establishing procedures for hearings held by the Tribunal and the rights of parties to the hearings including,
(a) rules requiring that, despite any other Act, parties shall submit disagreements to mechanisms of alternate dispute resolution that are set out in the rules before they are entitled to a hearing before the Tribunal on the subject matter of the disagreement; and
(b) rules applicable if a member of the Tribunal conducting a hearing is unable to continue to conduct the hearing because of illness or other reason.
Continuation of hearing
(2) A rule made under clause (1) (b) may provide for the continuation or termination of the hearing, with or without the consent of the parties, or the commencement of a fresh hearing by a panel differently composed if the initial hearing is terminated.
Recording of evidence
(3) The Tribunal may make rules providing that the oral evidence given before the Tribunal at a hearing may be recorded if a party to the hearing so requests and pays the fee established by the Tribunal for that purpose.
Special application
(4) A rule made under this section may be general or specific in its application and may apply differently to different hearings.
Not regulations
(5) A rule made under this section shall not be deemed to be a regulation within the meaning of the Regulations Act.
Conflict
(6) A rule made under this section does not prevail over any provision of this or any other Act, or a regulation made under this or any other Act, that sets out requirements for procedures for hearings held by the Tribunal or rights of parties to the hearings.
Extension of time
7. Despite any limitation of time fixed by or under any Act for the giving of any notice requiring a hearing by the Tribunal or an appeal from a decision or order of the Tribunal under section 11 or any other Act, if the Tribunal is satisfied that there are reasonable grounds for applying for the extension and for granting relief, it may,
(a) extend the time for giving the notice either before or after the expiration of the limitation of time so limited; and
(b) give the directions that it considers proper as a result of extending the time.
Frivolous or vexatious application
8. If, on the application of a party to a hearing before the Tribunal with notice to the other parties, the Tribunal is satisfied that the application for the hearing is frivolous or vexatious, the Tribunal may refuse to grant the hearing or may terminate the hearing at any time and make an order of costs as it considers appropriate in the circumstances.
Fees and charges
9. Subject to the approval of the Minister responsible for the administration of this Act, the Tribunal may establish fees or other charges to be paid by parties to hearings before the Tribunal.
Service of decisions and orders
10. The Tribunal shall send each party to a hearing before it, or the party's counsel or agent, a copy of its final decision or order, including the reasons, if any, that it has given for it, by,
(a) regular mail;
(b) electronic transmission of a facsimile; or
(c) such other method that the Tribunal specifies in its rules.
Appeal
11. A party to a proceeding before the Tribunal relating to a matter under any of the following Acts may appeal from its decision or order to the Divisional Court in accordance with the rules of court:
Bailiffs Act
Building Code Act, 1992
Business Practices Act
Cemeteries Act (Revised)
Collection Agencies Act
Consumer Protection Act
Consumer Reporting Act
Discriminatory Business Practices Act
Funeral Directors and Establishments Act
Mortgage Brokers Act
Motor Vehicle Dealers Act
Ontario New Home Warranties Plan Act
Paperback and Periodical Distributors Act
Real Estate and Business Brokers Act
Travel Industry Act
Upholstered and Stuffed Articles Act
Regulations
12. (1) The Lieutenant Governor in Council may make regulations prescribing rules of practice and procedure for proceedings before the Tribunal with respect to appeals to the Tribunal under the Highway Traffic Act.
Scope of regulations
(2) The prescribed rules may be of general or particular application.
Conflict
(3) If the prescribed rules conflict with the Statutory Powers Procedure Act or any other Act or rules made under that Act or any other Act, the prescribed rules prevail.
COMPLEMENTARY AMENDMENTS
Bailiffs Act
13. (1) The definition of "Tribunal" in section 1 of the Bailiffs Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Section 11 of the Act is repealed and the following substituted:
Appeal
11. Even if a bailiff appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Business Practices Act
14. (1) The definition of "Tribunal" in section 1 of the Business Practices Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Section 8 of the Act is repealed and the following substituted:
Appeal
8. Even if, under section 11 of the Licence Appeal Tribunal Act, 1998, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under section 6 or 7, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Cemeteries Act (Revised)
15. (1) The definition of "Tribunal" in section 1 of the Cemeteries Act (Revised) is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Section 84 of the Act is repealed and the following substituted:
Appeal
84. Even if a licensee appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Child and Family Services Act
16. (1) Subsection 3 (1) of the Child and Family Services Act is amended by adding the following definition:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 142 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Right to hearing
(3) Where a Director gives notice under clause (2) (b), the licensee and the person with whom placement is proposed are entitled to a hearing before the Board.
Application of other sections
(3.1) Sections 197, 199, 201 and 202 of Part IX (Licensing) apply to the hearing with necessary modifications and for that purpose references to the Tribunal shall be deemed to be references to the Board.
Extension of time
(3.2) If the Board is satisfied that there are reasonable grounds for the licensee or the person with whom placement is proposed to apply for an extension of the time fixed for requiring the hearing and for the Board to grant relief, it may,
(a) extend the time either before or after the expiration of the time; and
(b) give the directions that it considers proper as a result of extending the time.
Recording of evidence
(3.3) The evidence taken before the Board at the hearing shall be recorded.
(3) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. The heading preceding section 197.
2. Subsections 197 (2) and (4).
3. Subsections 198 (1) and (2).
(4) Despite subsection (3), members of the Child and Family Services Review Board immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before that subsection comes into force.
(5) Subsection 199 (1) of the Act is repealed.
(6) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. Clause 199 (2) (b).
2. Subsections 201 (1), (2), (3) and (4).
(7) Subsection 201 (6) of the Act is repealed.
(8) Subsections 201 (7) and (8) of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal".
(9) Subsection 202 (1) of the Act is amended by striking out "Board's" in the second line and substituting "Tribunal's".
(10) Subsection 202 (2) of the Act is amended by striking out "Board" in the second line and substituting "Tribunal".
Collection Agencies Act
17. (1) The definition of "Tribunal" in subsection 1 (1) of the Collection Agencies Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 8 (9) of the Act is repealed and the following substituted:
Appeal
(9) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Condominium Act
18. (1) Subsections (2) to (5) apply only if section 185 of Bill 38 (An Act to revise the law relating to condominium corporations, to amend the Ontario New Home Warranties Plan Act and to make other related amendments, introduced on June 10, 1998), as set out in the first reading version of that Bill, has not come into force.
(2) Subsection 57 (6) of the Condominium Act is amended by striking out "The Commercial Registration Appeal Tribunal" in the third and the fourth lines and substituting "the Licence Appeal Tribunal".
(3) Subsection 57 (7) of the Act is amended by striking out "The Commercial Registration Appeal Tribunal" in the first and second lines and substituting "the Licence Appeal Tribunal".
(4) Subsection 57 (10) of the Act is amended by striking out "The Commercial Registration Appeal Tribunal" in the third and fourth lines and substituting "the Licence Appeal Tribunal".
(5) Subsection 57 (11) of the Act is amended by striking out "The Commercial Registration Appeal Tribunal" in the first and second lines and substituting "the Licence Appeal Tribunal".
Consumer Protection Act
19. (1) The definition of "Tribunal" in section 1 of the Consumer Protection Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 38 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 35, section 1, is repealed and the following substituted:
Appeal
(10) Even if the person named in an order made under this section appeals it under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Consumer Reporting Act
20. (1) The definition of "Tribunal" in subsection 1 (1) of the Consumer Reporting Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 6 (9) of the Act is repealed and the following substituted:
Appeal
(9) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Day Nurseries Act
21. (1) The definition of "Board" in subsection 1 (1) of the Day Nurseries Act is repealed.
(2) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule C, section 1, is further amended by adding the following definition:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(3) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. Subsections 13 (2), (3), (4) and (5).
2. Clause 13 (6) (b).
3. Subsections 14 (1) and (2).
(4) Despite subsection (3), members of the Child and Family Services Review Board immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before that subsection comes into force.
Discriminatory Business Practices Act
22. (1) The definition of "Tribunal" in section 1 of the Discriminatory Business Practices Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 6 (4) of the Act is repealed and the following substituted:
Appeal
(4) Even if, under section 11 of the Licence Appeal Tribunal Act, 1998, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under this section, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Funeral Directors and Establishments Act
23. (1) The definition of "Tribunal" in section 1 of the Funeral Directors and Establishments Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Section 25 of the Act is repealed and the following substituted:
Appeal
25. Even if a licensee appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Highway Traffic Act
24. (1) The definition of "Board" in subsection 1 (1) of the Highway Traffic Act is repealed.
(2) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 138, is further amended by adding the following definition:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(3) Section 49 of the Act, as amended by the Statutes of Ontario, 1996, chapter 20, section 9, is repealed and the following substituted:
Proceedings before Tribunal
49. Subsections 210 (7), (8), (11) and (13) apply with necessary modifications to proceedings before the Tribunal with respect to appeals to the Tribunal under this Act.
(4) Despite subsection (3), members of the Licence Suspension Appeal Board immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before that subsection comes into force.
(5) Subsection 50 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 9, is further amended by striking out "Licence Suspension Appeal Board" at the end and substituting "Tribunal".
(6) Subsection 50 (2) of the Act is amended by striking out "Board" in the first line and substituting "Tribunal".
(7) Subsection 50 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Appeal to judge
(3) Every person aggrieved by a decision of the Tribunal may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Ontario Court (General Division).
(8) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. Subsection 50 (4).
2. Subsection 50.1 (1), as enacted by the Statutes of Ontario, 1996, chapter 20, section 10.
3. Subsection 50.1 (2), as enacted by the Statutes of Ontario, 1996, chapter 20, section 10 and amended by 1997, chapter 12, section 4.
4. Subsections 50.1 (3), (4), (5) and (6), as enacted by the Statutes of Ontario, 1996, chapter 20, section 10.
(9) Subsection 50.1 (7) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 10, is amended by striking out "Board's" in the fourth line and substituting "Tribunal's".
(10) Subsections 50.1 (8) and (9) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 10, are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal".
(11) Subsection 50.1 (10) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 10, is repealed.
(12) Subsections 50.2 (1), (3), (5), (6), (7) and (8) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 5, are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal".
(13) Subsection 50.2 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 5, is repealed.
(14) Subsections 50.3 (1), (3), (5), (6), (7), (8) and (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 6, are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal".
(15) Subsection 50.3 (12) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 6, is repealed.
(16) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. Clause 55.1 (28) (h), as enacted by the Statutes of Ontario, 1997, chapter 12, section 8.
2. Subsections 94 (1) and (2).
3. Subsections 95 (2), (3), (4) and (5).
4. Clause 95 (6) (b).
5. Subsections 96 (1), (4), (5), (6), (7), (8) and (9).
(17) Subsection 96 (10) of the Act is amended by striking out "Board" and "Board's" wherever those expressions occur and substituting in each case "Tribunal" and "Tribunal's", as the case may be.
(18) Subsection 96 (12) of the Act is amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal".
Intercountry Adoption Act, 1998
25. (1) Subsections (2) to (8) apply only if Bill 72 (An Act to govern intercountry adoptions and to implement the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption in order to further the best interests of children, introduced on October 26, 1998) receives Royal Assent.
(2) On the later of the day this section comes into force and the day Bill 72 comes into force, subsection 1 (1) of the Intercountry Adoption Act, 1998, as set out in the first reading version of that Bill, is amended by adding the following definition:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(3) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. Subsections 11 (2), (4) and (5).
2. Subsections 12 (1) and (2).
(4) Despite subsection (3), members of the Child and Family Services Review Board immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before that subsection comes into force.
(5) Subsection 13 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Extension of time
(1) The Board may extend the time fixed for requesting a hearing under subsection 5 (6) or 6 (4), either before or after its expiration, if,
. . . . .
(6) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. Subsection 13 (3).
2. Subsections 15 (1), (2), (3) and (4).
(7) Subsection 15 (6) of the Act is repealed and the following substituted:
Recording of evidence
(6) The evidence taken before the Board at a hearing under subsection 5 (6) or 6 (4) shall be recorded.
(8) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. Subsections 15 (7), (8) and (9).
2. Subsections 16 (1) and (2).
Ministry of Consumer and Commercial Relations Act
26. (1) The definition of "Tribunal" in section 1 of the Ministry of Consumer and Commercial Relations Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Section 7 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 90, is repealed.
(3) Despite subsection (2), members of The Commercial Registration Appeal Tribunal immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of that Tribunal with respect to proceedings before The Commercial Registration Appeal Tribunal that were commenced before that subsection comes into force.
(4) Sections 8, 9, 10, 11 and 14 of the Act are repealed.
Mortgage Brokers Act
27. Despite subsection 173 (5) of the Financial Services Commission of Ontario Act, 1997, the Licence Appeal Tribunal shall conduct, and decide issues raised in, proceedings under the Mortgage Brokers Act that were before The Commercial Registration Appeal Tribunal immediately before this section comes into force.
Motor Vehicle Dealers Act
28. (1) The definition of "Tribunal" in section 1 of the Motor Vehicle Dealers Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 7 (9) of the Act is repealed and the following substituted:
Appeal
(9) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Ontario New Home Warranties Plan Act
29. (1) The definition of "Tribunal" in section 1 of the Ontario New Home Warranties Plan Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 9 (9) of the Act is repealed and the following substituted:
Appeal
(9) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Paperback and Periodical Distributors Act
30. (1) The definition of "Tribunal" in subsection 1 (1) of the Paperback and Periodical Distributors Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 5 (8) of the Act is repealed and the following substituted:
Appeal
(8) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
(3) Subsection 6 (4) of the Act is amended by striking out "and section 11 of the Ministry of Consumer and Commercial Relations Act does not apply" at the end.
Private Vocational Schools Act
31. (1) The definition of "Board" in section 1 of the Private Vocational Schools Act is repealed.
(2) Section 1 of the Act is amended by adding the following definition:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(3) Section 3 of the Act is repealed.
(4) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal":
1. Subsection 5 (2).
2. Subsections 7 (2), (3), (4), (5), (6) and (7).
3. Clause 7 (9) (b).
(5) Section 8 of the Act is repealed.
(6) Subsections 11 (1), (3), (4) and (5) of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal".
(7) Clause 19 (1) (f) of the Act is repealed.
Real Estate and Business Brokers Act
32. (1) The definition of "Tribunal" in section 1 of the Real Estate and Business Brokers Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 9 (9) of the Act is repealed and the following substituted:
Appeal
(9) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Travel Industry Act
33. (1) The definition of "Tribunal" in section 1 of the Travel Industry Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Section 8 of the Act is repealed and the following substituted:
Appeal
8. Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Truck Transportation Act
34. (1) Subsection 7 (2) of the Truck Transportation Act is amended by striking out "Licence Suspension Appeal Board" in the seventh line and substituting "Licence Appeal Tribunal".
(2) Subsection 7 (3) of the Act is amended by striking out "Licence Suspension Appeal Board" in the first and second lines and substituting "Licence Appeal Tribunal".
(3) Subsection 28 (1.1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 9, section 35, is repealed and the following substituted:
Definition
(1.1) In this section, "
Tribunal" means the Licence Appeal Tribunal.
(4) Subsections 28 (2), (5), (6), (7) and (9) of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Tribunal".
Upholstered and Stuffed Articles Act
35. (1) The definition of "Tribunal" in subsection 1 (1) of the Upholstered and Stuffed Articles Act is repealed and the following substituted:
"
Tribunal" means the Licence Appeal Tribunal. ("Tribunal")
(2) Subsection 12 (8) of the Act is repealed and the following substituted:
Appeal
(8) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1998, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
(3) Subsection 18 (7) of the Act is repealed and the following substituted:
Act not to apply
(7) Section 11 of the Licence Appeal Tribunal Act, 1998 does not apply to proceedings before the Tribunal under this section.
(4) Subsection 20 (4) of the Act is repealed and the following substituted:
Act not to apply
(4) Section 11 of the Licence Appeal Tribunal Act, 1998 does not apply to proceedings before the Tribunal under this section.
COMMENCEMENT AND SHORT TITLE
Commencement
36. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
37. The short title of the Act set out in this Schedule is the Licence Appeal Tribunal Act, 1998.
SCHEDULE H
AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF ECONOMIC DEVELOPMENT, TRADE AND TOURISM
Massey-Ferguson Limited Act, 1981
1. The Massey-Ferguson Limited Act, 1981 is repealed.
Ontario Telephone Development Corporation Act
2. The Ontario Telephone Development Corporation Act, and the amendments to it set out in the Schedule to the Statutes of Ontario, 1993, chapter 27, are repealed.
Research Foundation Act
3. (1) The French version of subsection 21 (1) of the Research Foundation Act is amended by striking out "Conseil des ministres" in the third line and substituting "Conseil exécutif".
Same
(2) The French version of subsection 21 (2) of the Act is amended by striking out "Conseil des ministres" in the first line and substituting "Conseil exécutif".
Technology Centres Act
4. The Technology Centres Act is repealed.
Telephone Act
5. The French version of section 24 of the Telephone Act is amended by striking out "Conseil des ministres" in the third and fourth lines and substituting "Conseil exécutif".
Commencement
6. This Schedule comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
SCHEDULE I
AMENDMENTS PROPOSED BY THE FINANCIAL SERVICES COMMISSION OF ONTARIO
Co-operative Corporations Act
1. (1) Section 2 of the Co-operative Corporations Act is repealed.
(2) Subsection 35 (6) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 19, section 5, is repealed and the following substituted:
Definition of "material change"
(6) In this section, "
material change" means a change in the business, operations, assets or liabilities of the co-operative that would reasonably be expected to have a significant adverse impact on the financial position of the co-operative or that might prevent the co-operative from achieving the purpose of an offering but does not include a change that is prescribed by the regulations as not a material change.
(3) Subsection 120 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is amended by striking out "Minister" and substituting "Superintendent".
(4) Section 151 of the Act, as amended by the Statutes of Ontario, 1992, chapter 19, section 20, is further amended by adding the following subsection:
Additional authorization of amendment under cl. (1) (l)
(2.1) Subject to section 152, if the amendment is an amendment under clause (1) (l), then, in addition to the confirmation required by subsection (2), the resolution is not effective until it has been confirmed by such additional authorization as may be required by the articles.
(5) Subsection 151 (3) of the Act is amended by striking out "(l)" in the second line.
(6) Subsection 151 (4) of the Act is repealed and the following substituted:
Additional authorization for variation of rights of preference shares
(4) If the amendment is to delete or vary a preference, right, condition, restriction, limitation or prohibition attaching to a class of preference shares or to create preference shares, ranking in any respect in priority to or on a parity with any class of preference shares, then, in addition to the confirmation required by subsection (2), the resolution is not effective until it has been confirmed by at least two-thirds of the votes cast at a meeting of the holders of such class or classes of shares duly called for that purpose or such greater proportion of the votes cast as the articles provide, and by such additional authorization as the articles provide.
(7) The Act is amended by adding the following section:
Preference shareholders' right to dissent
151.1 (1) If a co-operative resolves to,
(a) amend its articles in a manner referred to in subsection 151 (4); or
(b) amalgamate with another co-operative under sections 156 and 157,
a holder of preference shares of any class entitled to vote on the confirmation of the resolution may dissent.
Right to be paid fair value of shares
(2) In addition to any other right the shareholder may have, but subject to subsection (15), a shareholder who complies with this section is entitled, when the action approved by the resolution from which the shareholder dissents becomes effective, to be paid by the co-operative the fair value of the preference shares held by the shareholder in respect of which the shareholder dissents, determined as of the close of business on the day before the resolution was adopted.
No partial dissent
(3) A dissenting shareholder may only claim under this section with respect to all the preference shares of a class held by the dissenting shareholder.
Written objection by shareholder
(4) A dissenting shareholder shall send to the co-operative, at or before any meeting of shareholders at which the confirmation of a resolution referred to in subsection (1) is to be voted on, a written objection to the resolution, unless the co-operative did not give notice to the shareholder of the purpose of the meeting or of the shareholder's right to dissent.
Notice of adoption of resolution to dissenting shareholders
(5) The co-operative shall, within 10 days after the shareholders confirm the resolution, send to each shareholder who has filed the objection referred to in subsection (4) notice that the resolution has been confirmed, but such notice is not required to be sent to any shareholder who voted for the confirmation of the resolution or who has withdrawn the objection.
Same
(6) A notice sent under subsection (5) shall set out the rights of the dissenting shareholder and the procedures to be followed to exercise those rights.
Demand for payment of fair value
(7) A dissenting shareholder entitled to receive notice under subsection (5) shall, within 20 days after receiving such notice, or, if the shareholder does not receive such notice, within 20 days after learning that the resolution has been confirmed, send to the co-operative a written notice containing,
(a) the shareholder's name and address;
(b) the number and class of preference shares in respect of which the shareholder dissents; and
(c) a demand for payment of the fair value of such shares.
Offer to pay
(8) A co-operative shall, not later than seven days after the later of the day on which the action approved by the resolution is effective or the day the co-operative received the notice referred to in subsection (7), send to each dissenting shareholder who has sent such notice,
(a) a written offer to pay for the dissenting shareholder's preference shares in an amount considered by the directors of the co-operative to be the fair value thereof, accompanied by a statement showing how the fair value was determined; or
(b) if subsection (15) applies, a notification that it is unable lawfully to pay dissenting shareholders for their preference shares.
Same
(9) Every offer made under subsection (8) for shares of the same class shall be on the same terms.
Payment to shareholder
(10) Subject to subsection (15), a co-operative shall pay for the preference shares of a dissenting shareholder within 10 days after an offer made under subsection (8) has been accepted, but any such offer lapses if the co-operative does not receive an acceptance within 30 days after the offer has been made.
Determination of fair value by arbitrator
(11) Where a co-operative fails to make an offer under subsection (8) or if a dissenting shareholder fails to accept an offer, the fair value for the shares of any such dissenting shareholder shall be determined by arbitration by one person chosen by both the co-operative and the affected dissenting shareholders.
Panel of arbitrators
(12) If the co-operative and the affected dissenting shareholders cannot agree on a single arbitrator, the arbitration shall be by a panel of three persons.
Same
(13) An arbitration panel shall be comprised of one person nominated by the co-operative, one person nominated by the affected dissenting shareholders and one person selected by the two nominees.
Arbitration Act, 1991 applies
(14) The Arbitration Act, 1991 applies, with necessary modifications, to arbitrations under this section.
Where co-operative unable to pay
(15) A co-operative shall not make a payment to a dissenting shareholder under this section if there are reasonable grounds for believing that,
(a) the co-operative is, or after the payment would be, unable to pay its liabilities as they become due; or
(b) the realizable value of the co-operative's assets would thereby be less than the aggregate of its liabilities.
Definition of "fair value"
(16) In this section, "
fair value" means the price that a buyer would pay to a seller, both acting prudently, knowledgeably and willingly, in an arm's length transaction in an open market under conditions requisite to a fair sale.
(8) Subsection 153 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 3, is further amended by striking out "Minister" in the sixth line and substituting "Superintendent".
(9) Subsection 155 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 3, is further amended by striking out "Minister" in the fourth line and substituting "Superintendent".
(10) Subsection 157 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 3, is further amended by striking out "Minister" in the sixth line and substituting "Superintendent".
(11) Subsection 158 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is amended by striking out "Minister" in the second line and substituting "Superintendent".
(12) Subsection 158.1 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is amended by striking out "Minister" in the second line and substituting "Superintendent".
(13) Subsection 164 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 3, is further amended by striking out "Minister" in the fifth line and substituting "Superintendent".
(14) Subsection 171.13 (5) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 19, section 23 and amended by 1997, chapter 19, section 3, is further amended by striking out "Minister" in the amendment of 1997 and substituting "Superintendent".
(15) Section 177 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 44, is repealed and the following substituted:
Limitation
177. No proceeding for an offence under this Act shall be started more than two years after the facts on which the proceedings are based first came to the knowledge of the Superintendent.
(16) Clause 187 (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is repealed.
(17) Section 187 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is amended by adding the following subsection:
Forms
(2) The Superintendent may approve forms for any purpose of this Act.
Credit Unions and Caisses Populaires Act, 1994
2. (1) Subsection 19 (1) of the Credit Unions and Caisses Populaires Act, 1994, as amended by the Statutes of Ontario, 1997, chapter 28, section 53, is further amended by striking out "used by" in the first line and substituting "of".
(2) The Act is amended by adding the following section:
May use other name
19.1 (1) Subject to subsections (2) and (3), a credit union may carry on business under or identify itself by a name other than its corporate name.
Superintendent may order credit union to not use other name
(2) Where a credit union is carrying on business under or identifying itself by a name other than its corporate name, the Superintendent may, after giving the credit union an opportunity to be heard, by order, direct the credit union not to use that other name if the Superintendent is of the opinion that the other name is a name referred to in any of clauses 21 (1) (a) to (g).
Corporate name to be used in all documents
(3) A credit union shall set out its corporate name in legible characters in all documents that evidence rights or obligations with respect to other parties (including contracts, invoices and negotiable instruments) and that are issued or made by or on behalf of the credit union.
(3) Subsection 20 (1) of the Act is repealed and the following substituted:
Prohibition re names
(1) A person who carries on business using a name in which "credit union" or "caisse populaire" is used other than in the circumstances set out in section 19 or 19.1 is guilty of an offence.
(4) The following provisions of the Act are amended by striking out "Minister" wherever it appears and substituting in each case "Superintendent":
1. Subsection 54 (6), as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1997, chapter 28, section 53.
2. Subsection 77 (4), as amended by the Statutes of Ontario, 1997, chapter 19, section 5.
3. Subsection 82 (5), as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1997, chapter 28, section 53.
(5) The French version of section 90 of the Act is amended by striking out "les réserves prescrites" at the end and substituting "des réserves selon les modalités prescrites".
(6) The Act is amended by adding the following sections:
Cost of Borrowing
Definition of "cost of borrowing"
197.1 In sections 197.2 to 197.10,
"
cost of borrowing", for a loan made by a credit union, means,
(a) the interest or discount applicable to the loan,
(b) any amount charged in connection with the loan that is payable by the borrower to the credit union,
(c) any amount charged in connection with the loan that is payable by the borrower to a person other than the credit union, where the amount is chargeable, directly or indirectly, by the person to the credit union, and
(d) any charge prescribed by the regulations as included in the cost of borrowing,
but does not include any charge prescribed by the regulations as excluded from the cost of borrowing.
Rebate of borrowing costs
197.2 (1) This section applies where,
(a) a credit union makes a loan to a natural person;
(b) the loan is not secured by a mortgage on real property;
(c) the loan is required to be repaid either on a fixed future date or by instalments; and
(d) the loan is prepaid in full.
Same
(2) In the circumstances described in subsection (1), the credit union shall, in accordance with the regulations, rebate to the borrower a portion of the cost of borrowing for the loan.
Limitation
(3) For the purposes of subsection (2) and the regulations made under clause 197.10 (1) (b), the cost of borrowing for a loan does not include the interest or discount applicable to the loan.
Disclosure of cost of borrowing
197.3 (1) A credit union shall not make a loan to a natural person unless the cost of borrowing and any other information prescribed for the purposes of this section by the regulations have been disclosed by the credit union to the person.
Same
(2) For the purposes of disclosure required by subsection (1), the cost of borrowing,
(a) shall be calculated on the basis that all obligations of the borrower are duly fulfilled;
(b) shall be calculated in accordance with the regulations;
(c) shall be expressed as a rate per annum; and
(d) where required by the regulations, shall be expressed as an amount in dollars and cents.
Additional disclosure - term loans
197.4 Where a credit union makes a loan to a natural person and the loan is required to be repaid either on a fixed future date or by instalments, the credit union shall disclose the following to the borrower:
1. Whether the borrower has the right to repay the amount borrowed before the maturity of the loan.
2. Any terms and conditions relating to a right described in paragraph 1, including particulars of the circumstances in which the borrower may exercise the right.
3. Whether any portion of the cost of borrowing for the loan is to be rebated to the borrower or any charge or penalty is to be imposed on the borrower, if the borrower exercises a right described in paragraph 1.
4. The manner in which any rebate, charge or penalty referred to in paragraph 3 is to be calculated.
5. Particulars of any charges or penalties to be imposed on the borrower if the borrower fails to repay the amount of the loan at maturity or fails to pay an instalment on the day the instalment is due to be paid.
6. Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for the loan.
7. Particulars of any rights or obligations of the borrower prescribed by the regulations for the purposes of this section.
8. Any other information prescribed by the regulations for the purposes of this section.
Disclosure in applications for credit cards, etc.
197.5 A form or other document used by a credit union for the purposes of an application for a credit card, payment card or charge card shall contain the information prescribed by the regulations for the purposes of this section or be accompanied by a document that contains that information.
Disclosure where credit cards, etc., issued
197.6 Where a credit union issues a credit card, payment card or charge card to a natural person, the credit union shall disclose the following to the person:
1. Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the agreement governing the card.
2. Particulars of any charges for which the person becomes responsible by accepting or using the card.
3. Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for any loan obtained through the use of the card.
4. Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5. Any other information prescribed by the regulations for the purposes of this section.
Additional disclosure: loans to which ss. 197.4 and 197.6 do not apply
197.7 (1) Where a credit union enters into an arrangement for the making of a loan to a natural person and neither section 197.4 nor section 197.6 apply in respect of the arrangement, the credit union shall disclose the following to the person:
1. Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the arrangement.
2. Particulars of any charges for which the person becomes responsible by entering the arrangement.
3. Particulars of any prescribed change relating to the arrangement or the cost of borrowing under the arrangement.
4. Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5. Any other information prescribed by the regulations for the purposes of this section.
Interpretation
(2) For the purposes of subsection (1), an arrangement for the making of a loan includes an arrangement for a line of credit.
Statement re mortgage renewal
197.8 Where a credit union makes a loan to a natural person and the loan is secured by a mortgage on real property, the credit union shall disclose to the person such information respecting renewal of the loan as is prescribed by the regulations.
Disclosure in advertising
197.9 (1) This section applies to an advertisement that,
(a) relates to loans, credit cards, payment cards or charge cards that are offered by a credit union to a natural person or to arrangements to which section 197.7 applies that are offered by a credit union to a natural person; and
(b) purports to contain information relating to the cost of borrowing or any other prescribed matter.
Same
(2) No person shall authorize any advertisement described in subsection (1) unless the advertisement contains the information that may be required by the regulations and is in the form and manner that may be prescribed.
Regulations re disclosure
197.10 (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing, for the purposes of section 197.1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing;
(b) governing rebates to be made under section 197.2;
(c) prescribing information other than the cost of borrowing that must be disclosed under section 197.3;
(d) prescribing the manner of calculating the cost of borrowing for the purposes of section 197.3;
(e) prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 197.3;
(f) prescribing the manner of calculating any rebate referred to in paragraph 4 of section 197.4;
(g) prescribing changes for the purposes of paragraph 6 of section 197.4, paragraph 3 of section 197.6 and paragraph 3 of subsection 197.7 (1);
(h) prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 197.4, paragraph 4 of section 197.6 and paragraph 4 of subsection 197.7 (1);
(i) prescribing information that must be disclosed under paragraph 8 of section 197.4, paragraph 5 of section 197.6 and paragraph 5 of subsection 197.7 (1);
(j) prescribing information for the purposes of section 197.5;
(k) prescribing information for the purposes of section 197.8;
(l) prescribing matters for the purposes of clause 197.9 (1) (b) and respecting the form, manner and content of advertisements for the purposes of subsection 197.9 (2);
(m) prescribing the time, manner and form of any disclosure required under sections 197.3 to 197.9;
(n) prescribing classes of loans in respect of which some or all of the requirements of sections 197.2 to 197.9 do not apply;
(o) prohibiting the imposition of any charge or penalty referred to in section 197.4, 197.6 or 197.7;
(p) governing the nature and amount of any charge or penalty referred to in section 197.4, 197.6 or 197.7 that may be imposed by a credit union, including but not limited to,
(i) regulations providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and
(ii) regulations respecting the costs of the credit union that may be included or must be excluded in the determination of the charge or penalty;
(q) respecting any other matter or thing that is necessary to carry out the purposes of sections 197.2 to 197.9.
Same
(2) A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of "cost of borrowing" in section 197.1.
Same
(3) A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of loans set out in the regulation.
(7) The following provisions of the Act are amended by striking out "Minister" wherever it appears and substituting in each case "Superintendent":
1. Subsection 256 (2), as amended by the Statutes of Ontario, 1997, chapter 19, section 5.
2. Subsection 273 (3), as amended by the Statutes of Ontario, 1997, chapter 19, section 5.
3. Subsection 298 (15), as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1997, chapter 28, section 53.
4. Subsection 298 (21), as amended by the Statutes of Ontario, 1997, chapter 19, section 5.
5. Clause 299 (1) (a), as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1997, chapter 28, section 53.
(8) Subsections 309 (8) and (9) of the Act are repealed and the following substituted:
Articles of amalgamation filed, application for certificate
(8) If the agreement is adopted, the amalgamating credit unions may,
(a) file with the Superintendent articles of amalgamation in the form approved by the Minister; and
(b) apply jointly to the Minister for a certificate of amalgamation.
Certificate of amalgamation
(9) The Minister may, in his or her discretion, issue a certificate of amalgamation, and on and after the date of the certificate,
(a) the amalgamating credit unions are amalgamated and are continued as one credit union under the name set out in the certificate;
(b) the amalgamated credit union possesses all the property, rights, privileges and franchises and is subject to all the liabilities, contracts, disabilities and debts of each of the amalgamating credit unions; and
(c) the articles of amalgamation shall be deemed to be the articles of incorporation of the amalgamated credit union and the certificate of amalgamation shall be deemed to be the certificate of incorporation of the amalgamated credit union.
(9) Clause 26 of subsection 317 (1) of the Act is repealed and the following substituted:
26. requiring the disclosure to depositors of the rate of interest on their accounts and the manner of calculating and paying the interest.
(10) The following provisions of the Act are amended by striking out "Minister" wherever it appears and substituting in each case "Superintendent":
1. Section 321.1, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
2. Section 321.2, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
3. Section 321.3, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
4. Section 321.4, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
5. Section 321.5, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
Financial Services Commission of Ontario Act, 1997
3. (1) The Financial Services Commission of Ontario Act, 1997 is amended by adding the following section:
Format of filed documents, etc.
15.1 (1) This section applies with respect to documents and information to be delivered to, filed with or issued by the Superintendent under this or any other Act.
Conflict
(2) In the event of a conflict between this section or a rule made under this section and a provision of this or any other Act, any regulation or any other rule, this section or the rule made under this section, as the case may be, prevails.
Permitted formats
(3) Despite any requirement in or under this or any other Act respecting the format in which a document or information must be delivered to, filed with or issued by the Superintendent, the document or information may be delivered, filed or issued in electronic format or another format the Superintendent may approve.
Required formats
(4) Despite any requirement in or under this or any other Act, the Superintendent may require a document or information that is to be delivered to, filed with or issued by him or her to be delivered, filed or issued in electronic format or another format specified by the Superintendent.
Rules
(5) The Superintendent may make rules governing the delivery, filing, inspection, service or copying of documents and information in the formats approved by him or her under subsection (3) or specified by him or her under subsection (4).
Same
(6) A rule may specify the manner in which a document or information that is not written on paper must be signed or certified, and may waive any requirement that a document or information must be signed or certified.
Conversion
(7) The Superintendent may convert a document or information delivered to, filed with or issued by him or her from one format into another format chosen by him or her; the Superintendent is not required to retain the document or information in the format in which it is delivered, filed or issued.
Records
(8) The Superintendent may maintain or store his or her records in any format the Superintendent considers suitable.
(2) Section 16 of the Act is amended by adding the following clause:
(c.1) stating that a copy of, or extract from, a document or information in the custody of the Superintendent that is not in a written format is a print-out from the document or information on record with the Superintendent and is a true copy of, or extract from, the document or information.
(3) Subsection 17 (3) of the Act is amended by inserting "or (c.1)" after "clause 16 (c)" in the second line.
Insurance Act
4. (1) The definition of "exchange" or "reciprocal or inter-insurance exchange" in section 1 of the Insurance Act is repealed and the following substituted:
"
exchange" or "reciprocal insurance exchange" means a group of subscribers exchanging reciprocal contracts of indemnity or insurance with each other through the same attorney.
(2) The definitions of "livestock insurance" and "weather insurance" in section 1 of the Act are repealed.
(3) Section 24 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 80, is repealed.
(4) Clause 32 (2) (a) of the Act is repealed.
(5) The French version of clause 33 (1) (b) of the Act is amended by striking out "dirigeant principal" in the third line and substituting "directeur général".
(6) Paragraph 7 of subsection 42 (1) of the Act is amended by striking out "or inter-insurance" and substituting "insurance".
(7) Clauses 44 (1) (e) and (k) of the Act are repealed.
(8) Clause 44 (3) (d) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 10, is further amended by striking out "or inter-insurance" and substituting "insurance".
(9) Subsection 48 (6) of the Act is amended by striking out "or inter-insurance" in the fifth line and substituting "insurance".
(10) Subsection 48 (7) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 7, is repealed and the following substituted:
Application of sub. (3)
(7) Subsection (3) does not apply to a mutual insurance corporation incorporated under the laws of Ontario that is a member of the Fire Mutuals Guarantee Fund.
Restriction, premium note plan
(7.1) No mutual insurance corporation that is incorporated in Ontario to undertake contracts on a premium note plan may be licensed under this Act unless it is a member of the Fire Mutuals Guarantee Fund.
(11) Subsection 102 (8) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 10, is repealed and the following substituted:
Required level of capital or assets
(8) Every insurer licensed under this Act shall maintain capital or assets (in compliance with such requirements as may be prescribed by regulation governing the level of capital or assets to be maintained) in an amount that bears not less than a reasonable relationship to the outstanding liabilities, premiums and loss experience of the insurer.
Same
(8.1) The amount required by subsection (8) shall be calculated in accordance with such requirements as may be prescribed by regulation, and the calculation shall exclude any investments of the insurer that are not authorized by this Act or that were not authorized by law at the time they were acquired.
(12) Subsection 102 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 10, is amended by striking out "except contracts of fraternal societies licensed under this Act" in the third, fourth and fifth lines.
(13) Section 114 of the Act is repealed.
(14) Clause 23 of subsection 121 (1) of the Act is amended by striking out "clause (l) of" in the third line.
(15) Subsection 121 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 12, 1994, chapter 11, section 338, 1996, chapter 21, section 14, 1997, chapter 19, section 10 and 1997, chapter 28, section 107, is further amended by adding the following clause:
26.1 prescribing such matters as are required or permitted to be prescribed under sections 381 to 386 with respect to reciprocal insurance exchanges.
(16) Section 145 of the Act is amended by striking out "or a new premium note" at the end.
(17) Sections 153 to 168 of the Act are repealed and the following substituted:
Fire Mutuals Guarantee Fund
General reinsurance agreement
153. An insurer that is a member of the Fire Mutuals Guarantee Fund shall enter into and remain a party to a general reinsurance agreement with a mutual insurance corporation incorporated under subsection 148 (3) of the Corporations Act.
(18) Subsections 169 (1), (2) and (3) of the Act are repealed and the following substituted:
Fire Mutuals Guarantee Fund
(1) The agreement establishing the Fire Mutuals Guarantee Fund is continued and may be amended with the approval of the Superintendent.
Members
(2) The following persons may be members of the Fund, with the approval of the Superintendent:
1. Mutual insurance corporations including those that are incorporated under subsection 148 (3) of the Corporations Act.
2. Joint stock insurance companies, all the shares of which are owned by one or more mutual insurance corporations that are members of the Fund.
Purposes
(3) The Fund has the following purposes, and such additional purposes as may be set out in the agreement:
1. To pay the insurance claims and repay the unearned premiums of policyholders who are members of the Fund, if a member is unable to meet its obligations.
2. To pay the insurance claims of third parties against policyholders who are members of the Fund, if a member is unable to meet its obligations.
Same
(3.1) With the approval of the Superintendent, the assets of the Fund may be used for the purposes of the Fund.
Powers
(3.2) If the Fund is authorized to do so by the agreement, the Fund may,
(a) assess its members in respect of any payments that the Fund has authorized in respect of a member who is unable to meet its obligations; and
(b) until the assessments are paid, borrow money or establish lines of credit for the purposes of making payments in respect of the member who is unable to meet its obligations.
Administration
(3.3) The assets of the Fund shall be held in trust by a trust corporation registered under the Loan and Trust Corporations Act.
(19) Clause 169 (4) (d) of the Act is repealed and the following substituted:
(d) be invested and valued in the same manner and be subject to the same restrictions as the assets of a member of the Fund.
(20) Subsection 169 (5) of the Act is amended by inserting "(3.2) (a) or" after "clause" in the first line.
(21) Subsections 169 (7) and (8) of the Act are repealed and the following substituted:
Cessation of membership
(7) The Superintendent may permit an insurer to cease to be a member of the Fund and may impose such terms and conditions respecting the cessation as the Superintendent considers appropriate.
Withdrawal of approval
(7.1) The Superintendent may withdraw his or her approval under subsection (2) when an insurer is in default of payment of its assessment under the agreement.
Ceasing to issue contracts on premium note plan
(8) An insurer who becomes a member of the Fund shall cease to undertake contracts of insurance or to renew existing contracts of insurance on the premium note plan.
(22) Section 170 of the Act is repealed.
(23) Parts VIII and IX of the Act are repealed.
(24) Section 340 of the Act is repealed and the following substituted:
Application of Part
340. (1) Subject to subsections (2) and (3), this Part applies only to fraternal societies incorporated under the laws of Ontario.
Application of ss. 341-344, s. 371
(2) Sections 341 to 344 and section 371 apply to all fraternal societies carrying on the business of insurance in Ontario.
Application of s. 345 (2)
(3) Subsection 345 (2) applies only to fraternal societies incorporated elsewhere than in Ontario.
(25) Section 342 of the Act is repealed and the following substituted:
Cases in which societies not to be licensed
342. No fraternal society shall be licensed,
(a) if it undertakes insurance contracts with persons other than its own members and their spouses and children;
(b) if it engages in or carries on any business other than life insurance, accident insurance or sickness insurance;
(c) if it has upon its books fewer than 75 members in good standing; or
(d) if it is in effect the property of its officers or collectors, or of any other person for the person's own benefit, or is conducted as a mercantile or business enterprise, or for the purpose of mercantile profit, or if its funds are under the control of persons or officers appointed for life and not under that of the insured.
(26) Subsections 346 (2), (3), (4), (5) and (6) of the Act are repealed and the following substituted:
By-laws and rules binding when passed by society
(2) The constitution, by-laws or rules and any amendment, revision or consolidation of them passed by the society shall, despite the declaration or other instrument filed under any general or special Act, be deemed to be the rules in force on and after the date of passing by the society until a subsequent amendment, revision or consolidation is in like manner passed and so on from time to time, and are binding and obligatory upon all members of the society and upon all their beneficiaries and legal representatives and upon everyone entitled to any benefit under any certificate of the society, but the passing of any rule of the society or of any amendment or revision of a rule does not make valid any provision of such rule that is inconsistent with this Act.
(27) Subsection 348 (1) of the Act is amended by striking out "person requiring it on payment of 25 cents" at the end and substituting "member requesting it on payment of a reasonable fee".
(28) Section 349 of the Act is repealed.
(29) Subsection 350 (2) of the Act is amended by striking out "registered" in the third line and substituting "ordinary".
(30) Subsection 350 (3) of the Act is amended by adding "and continues to be entitled to any insurance benefits paid for under the contract" at the end.
(31) Subsection 350 (4) of the Act is repealed and the following substituted:
Exception
(4) This section is subject to any rules to the contrary passed by the society.
(32) Section 351 of the Act is repealed.
(33) Subsection 353 (2) of the Act is repealed and the following substituted:
Notice of reduction of benefit or increase in premium
(2) A notice of the reduction of any benefit payable under a contract of insurance or of the increase of the premium rate for any benefit under a contract of insurance shall be delivered to the member by a method which has been approved by the Superintendent.
(34) Section 355 of the Act is repealed and the following substituted:
Actuary's report
355. In addition to the annual statement required to be filed under this Act, each society shall file with the Superintendent, not later than four months after the end of each fiscal year, a report of the society's actuary certifying whether the society's rates of benefit are reasonable, and whether the amounts of insurance or annuity to be issued by the society are reasonable, having regard to,
(a) the conditions and circumstances for the issuance of policies by the society;
(b) the sufficiency of the rates of contribution to provide for those benefits and those amounts of insurance; and
(c) the reasonableness of the loan values, cash values, and other equities that may be provided under the policies.
(35) Section 359 of the Act is repealed and the following substituted:
Separate accounts for each class of insurance
359. A society shall maintain a separate account in respect of each class of insurance for which it is authorized to insure risks.
(36) Sections 360 and 363 to 368 of the Act are repealed.
(37) Section 369 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 120, is repealed.
(38) The Act is amended by adding the following section:
Policy disclosures
371. A fraternal society shall make policy disclosures to members on the matters, at the times and in the form established by the Superintendent.
(39) The heading to Part XIII of the Act is repealed and the following substituted:
PART XIII
RECIPROCAL INSURANCE EXCHANGES
(40) The definition of "subscribers" in section 377 of the Act is repealed and the following substituted:
"
subscribers" means the persons exchanging with each other reciprocal contracts of indemnity or insurance as provided in section 378. ("souscripteurs")
(41) Subsection 378 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 36, is further amended by striking out "inter-insurance" in the third and fourth lines and substituting "insurance".
(42) Section 379 of the Act is amended by striking out "inter-insurance" in the fourth and fifth lines and substituting "insurance".
(43) Subsection 380 (1) of the Act is amended by striking out "inter-insurance" in the second line and substituting "insurance".
(44) Subsection 380 (2) of the Act is amended by striking out "inter-insurance" in the third line and substituting "insurance".
(45) Section 381 of the Act is repealed and the following substituted:
Filing by members of exchange
381. (1) Before the licence for a reciprocal insurance exchange is issued, the persons constituting the exchange shall, through their attorney, file with the Superintendent such information, documents and declarations, to be verified by oath, as may be prescribed by regulation.
Filing by exchange
(2) At such times as the Superintendent may require, an exchange shall file with the Superintendent such information, documents and declarations, to be verified by oath, as may be prescribed by regulation.
(46) Section 382 the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 10, is repealed and the following substituted:
Issuance of licence, criteria
382. (1) Upon an exchange complying with this Part, the Superintendent may issue a licence to the exchange if he or she is satisfied that the exchange meets such requirements and criteria as may be prescribed by regulation.
Change to agreement requires approval
(2) A change to the agreement between subscribers governing the exchange of contracts of indemnity or insurance shall not be effective unless it is approved by the Superintendent.
Appeal
(3) A decision of the Superintendent under subsection (1) or (2) may be appealed to the Tribunal.
(47) Section 383 of the Act is repealed.
(48) Section 384 of the Act is amended by striking out "inter-insurance" in the sixth line and substituting "insurance".
(49) Section 385 of the Act is repealed.
(50) Subsections 386 (1), (2), (3) and (4) of the Act are repealed and the following substituted:
Amount of cash or approved securities
(1) There shall at all times be maintained a sum in cash or approved securities amounting to not less than such amount as may be prescribed by regulation or such amount as may be determined in the prescribed manner.
Amount of surplus
(2) There shall at all times be maintained a surplus of assets in excess of all liabilities, amounting to not less than such amount as may be prescribed by regulation or such amount as may be determined in the prescribed manner.
(51) Section 387 of the Act is repealed and the following substituted:
Investment of funds
387. If the principal office of the exchange is in Ontario, the funds of the exchange shall be invested in the class of securities authorized by Part XVII for the investment of the funds of a joint stock insurance company.
(52) Subsection 388 (1) of the Act is amended by striking out "inter-insurance" in the third line.
(53) Subsection 388 (2) of the Act is amended by striking out "licensed reciprocal or inter-insurance exchange" in the third and fourth lines and substituting "licensed reciprocal insurance exchange".
(54) Subsection 389 (1) of the Act is amended by striking out "inter-insurance" in the fourth line and substituting "insurance".
(55) Subsection 389 (2) of the Act is amended by striking out "inter-insurance" in the fifth line and substituting "insurance".
(56) Subsection 390 (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 28, section 122, is amended by striking out "inter-insurance" in the fourth line and substituting "insurance".
(57) Subsection 403 (2) of the Act is repealed.
(58) The Act is amended by adding the following sections:
Cost of Borrowing
Definition of "cost of borrowing"
437.1 In sections 437.2 to 437.11,
"
cost of borrowing", for a loan or advance on the security or against the cash surrender value of a policy made by an insurer, means,
(a) the interest or discount applicable to the loan or advance,
(b) any amount charged in connection with the loan or advance that is payable by the borrower to the insurer,
(c) any amount charged in connection with the loan or advance that is payable by the borrower to a person other than the insurer, where the amount is chargeable, directly or indirectly, by the person to the insurer, and
(d) any charge prescribed by the regulations as included in the cost of borrowing,
but does not include any charge prescribed by the regulations as excluded from the cost of borrowing.
Rebate of borrowing costs
437.2 (1) This section applies where,
(a) an insurer makes a loan to a natural person;
(b) the loan is not secured by a mortgage on real property;
(c) the loan is required to be repaid either on a fixed future date or by instalments; and
(d) the loan is prepaid in full.
Same
(2) In the circumstances described in subsection (1), the insurer shall, in accordance with the regulations, rebate to the borrower a portion of the cost of borrowing for the loan.
Limitation
(3) For the purposes of subsection (2) and the regulations made under clause 437.11 (1) (b), the cost of borrowing for a loan does not include the interest or discount applicable to the loan.
Disclosure of cost of borrowing
437.3 (1) An insurer shall not make a loan to a natural person unless the cost of borrowing and any other information prescribed for the purposes of this section by the regulations have been disclosed by the insurer to the person.
Same
(2) For the purposes of disclosure required by subsection (1), the cost of borrowing,
(a) shall be calculated on the basis that all obligations of the borrower are duly fulfilled;
(b) shall be calculated in accordance with the regulations;
(c) shall be expressed as a rate per annum; and
(d) where required by the regulations, shall be expressed as an amount in dollars and cents.
Additional disclosure - term loans
437.4 Where an insurer makes a loan to a natural person and the loan is required to be repaid either on a fixed future date or by instalments, the insurer shall disclose the following to the borrower:
1. Whether the borrower has the right to repay the amount borrowed before the maturity of the loan.
2. Any terms and conditions relating to a right described in paragraph 1, including particulars of the circumstances in which the borrower may exercise the right.
3. Whether any portion of the cost of borrowing for the loan is to be rebated to the borrower or any charge or penalty is to be imposed on the borrower, if the borrower exercises a right described in paragraph 1.
4. The manner in which any rebate, charge or penalty referred to in paragraph 3 is to be calculated.
5. Particulars of any charges or penalties to be imposed on the borrower if the borrower fails to repay the amount of the loan at maturity or fails to pay an instalment on the day the instalment is due to be paid.
6. Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for the loan.
7. Particulars of any rights or obligations of the borrower prescribed by the regulations for the purposes of this section.
8. Any other information prescribed by the regulations for the purposes of this section.
Disclosure in applications for credit cards, etc.
437.5 A form or other document used by an insurer for the purposes of an application for a credit card, payment card or charge card shall contain the information prescribed by the regulations for the purposes of this section or be accompanied by a document that contains that information.
Disclosure where credit cards, etc., issued
437.6 Where an insurer issues a credit card, payment card or charge card to a natural person, the insurer shall disclose the following to the person:
1. Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the agreement governing the card.
2. Particulars of any charges for which the person becomes responsible by accepting or using the card.
3. Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for any loan obtained through the use of the card.
4. Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5. Any other information prescribed by the regulations for the purposes of this section.
Additional disclosure: loans to which ss. 437.4 and 437.6 do not apply
437.7 (1) Where an insurer enters into an arrangement for the making of a loan to a natural person and neither section 437.4 nor section 437.6 apply in respect of the arrangement, the insurer shall disclose the following to the person:
1. Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the arrangement.
2. Particulars of any charges for which the person becomes responsible by entering the arrangement.
3. Particulars of any prescribed change relating to the arrangement or the cost of borrowing under the arrangement.
4. Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5. Any other information prescribed by the regulations for the purposes of this section.
Interpretation
(2) For the purposes of subsection (1), an arrangement for the making of a loan includes an arrangement for a line of credit.
Statement re mortgage renewal
437.8 Where an insurer makes a loan to a natural person and the loan is secured by a mortgage on real property, the insurer shall disclose to the person such information respecting renewal of the loan as is prescribed by the regulations.
Disclosure in advertising
437.9 (1) This section applies to an advertisement that,
(a) relates to loans, credit cards, payment cards or charge cards that are offered by an insurer to a natural person or to arrangements to which section 437.7 applies that are offered by an insurer to a natural person; and
(b) purports to contain information relating to the cost of borrowing or any other prescribed matter.
Same
(2) No person shall authorize any advertisement described in subsection (1) unless the advertisement contains the information that may be required by the regulations and is in the form and manner that may be prescribed.
Disclosing borrowing costs - advances
437.10 Where regulations have been made respecting the manner in which the cost of borrowing is to be disclosed in respect of an advance on the security or against the cash surrender value of a policy, an insurer shall not make such an advance unless the cost of borrowing, as calculated and expressed in accordance with the regulations, has, in the prescribed manner, been disclosed by the insurer, or otherwise as prescribed to the policyholder at or before the time when the advance is made.
Regulations re disclosure
437.11 (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing, for the purposes of section 437.1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing;
(b) governing rebates to be made under section 437.2;
(c) prescribing information other than the cost of borrowing that must be disclosed under section 437.3;
(d) prescribing the manner of calculating the cost of borrowing for the purposes of section 437.3;
(e) prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 437.3;
(f) prescribing the manner of calculating any rebate referred to in paragraph 4 of section 437.4;
(g) prescribing changes for the purposes of paragraph 6 of section 437.4, paragraph 3 of section 437.6 and paragraph 3 of subsection 437.7 (1);
(h) prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 437.4, paragraph 4 of section 437.6 and paragraph 4 of subsection 437.7 (1);
(i) prescribing information that must be disclosed under paragraph 8 of section 437.4, paragraph 5 of section 437.6 and paragraph 5 of subsection 437.7 (1);
(j) prescribing information for the purposes of section 437.5;
(k) prescribing information for the purposes of section 437.8;
(l) prescribing matters for the purposes of clause 437.9 (1) (b) and respecting the form, manner and content of advertisements for the purposes of subsection 437.9 (2);
(m) prescribing the time, manner and form of any disclosure required under sections 437.3 to 437.10;
(n) prescribing classes of loans in respect of which some or all of the requirements of sections 437.2 to 437.9 do not apply;
(o) requiring the disclosure of the cost of borrowing in respect of an advance on the security or against the cash surrender value of a policy and respecting the manner in which the cost of borrowing is to be disclosed;
(p) prescribing classes of advances that are not subject to section 437.10;
(q) prohibiting the imposition of any charge or penalty referred to in section 437.4, 437.6 or 437.7;
(r) governing the nature and amount of any charge or penalty referred to in section 437.4, 437.6 or 437.7 that may be imposed by an insurer, including but not limited to,
(i) regulations providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and
(ii) regulations respecting the costs of the insurer that may be included or must be excluded in the determination of the charge or penalty;
(s) respecting any other matter or thing that is necessary to carry out the purposes of sections 437.2 to 437.10.
Same
(2) A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of "cost of borrowing" in section 437.1.
Same
(3) A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of loans or advances set out in the regulation.
(59) The definition of "person" in section 438 of the Act is amended by striking out "or inter-insurance" in the third line and substituting "insurance".
(60) The definition of "unfair or deceptive acts or practices" in section 438 of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 48, is repealed and the following substituted:
"
unfair or deceptive acts or practices" means any activity or failure to act that is prescribed as an unfair or deceptive act or practice. ("actes ou pratiques malhonnêtes ou mensongers")
(61) Subsection 447 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 50, is repealed and the following substituted:
Definition
(1) In this section and in section 448, "
person" includes an individual, corporation, association, partnership, organization, reciprocal insurance exchange, member of the society known as Lloyd's, fraternal society, mutual benefit society or syndicate.
(62) Schedule A to the Act is repealed.
Loan and Trust Corporations Act
5. (1) The Loan and Trust Corporations Act is amended by adding the following sections:
Cost of Borrowing
Definition of "cost of borrowing"
176.1 In sections 176.2 to 176.10,
"
cost of borrowing", for a loan made by a registered corporation, means,
(a) the interest or discount applicable to the loan,
(b) any amount charged in connection with the loan that is payable by the borrower to the registered corporation,
(c) any amount charged in connection with the loan that is payable by the borrower to a person other than the registered corporation, where the amount is chargeable, directly or indirectly, by the person to the registered corporation, and
(d) any charge prescribed by the regulations as included in the cost of borrowing,
but does not include any charge prescribed by the regulations as excluded from the cost of borrowing.
Rebate of borrowing costs
176.2 (1) This section applies where,
(a) a registered corporation makes a loan to a natural person;
(b) the loan is not secured by a mortgage on real property;
(c) the loan is required to be repaid either on a fixed future date or by instalments; and
(d) the loan is prepaid in full.
Same
(2) In the circumstances described in subsection (1), the registered corporation shall, in accordance with the regulations, rebate to the borrower a portion of the cost of borrowing for the loan.
Limitation
(3) For the purposes of subsection (2) and the regulations made under clause 176.10 (1) (b), the cost of borrowing for a loan does not include the interest or discount applicable to the loan.
Disclosure of cost of borrowing
176.3 (1) A registered corporation shall not make a loan to a natural person unless the cost of borrowing and any other information prescribed for the purposes of this section by the regulations have been disclosed by the registered corporation to the person.
Same
(2) For the purposes of disclosure required by subsection (1), the cost of borrowing,
(a) shall be calculated on the basis that all obligations of the borrower are duly fulfilled;
(b) shall be calculated in accordance with the regulations;
(c) shall be expressed as a rate per annum; and
(d) where required by the regulations, shall be expressed as an amount in dollars and cents.
Additional disclosure - term loans
176.4 Where a registered corporation makes a loan to a natural person and the loan is required to be repaid either on a fixed future date or by instalments, the registered corporation shall disclose the following to the borrower:
1. Whether the borrower has the right to repay the amount borrowed before the maturity of the loan.
2. Any terms and conditions relating to a right described in paragraph 1, including particulars of the circumstances in which the borrower may exercise the right.
3. Whether any portion of the cost of borrowing for the loan is to be rebated to the borrower or any charge or penalty is to be imposed on the borrower, if the borrower exercises a right described in paragraph 1.
4. The manner in which any rebate, charge or penalty referred to in paragraph 3 is to be calculated.
5. Particulars of any charges or penalties to be imposed on the borrower if the borrower fails to repay the amount of the loan at maturity or fails to pay an instalment on the day the instalment is due to be paid.
6. Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for the loan.
7. Particulars of any rights or obligations of the borrower prescribed by the regulations for the purposes of this section.
8. Any other information prescribed by the regulations for the purposes of this section.
Disclosure in applications for credit cards, etc.
176.5 A form or other document used by a registered corporation for the purposes of an application for a credit card, payment card or charge card shall contain the information prescribed by the regulations for the purposes of this section or be accompanied by a document that contains that information.
Disclosure where credit cards, etc., issued
176.6 Where a registered corporation issues a credit card, payment card or charge card to a natural person, the registered corporation shall disclose the following to the person:
1. Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the agreement governing the card.
2. Particulars of any charges for which the person becomes responsible by accepting or using the card.
3. Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for any loan obtained through the use of the card.
4. Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5. Any other information prescribed by the regulations for the purposes of this section.
Additional disclosure: loans to which ss. 176.4 and 176.6 do not apply
176.7 (1) Where a registered corporation enters into an arrangement for the making of a loan to a natural person and neither section 176.4 nor section 176.6 apply in respect of the arrangement, the registered corporation shall disclose the following to the person:
1. Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the arrangement.
2. Particulars of any charges for which the person becomes responsible by entering the arrangement.
3. Particulars of any prescribed change relating to the arrangement or the cost of borrowing under the arrangement.
4. Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5. Any other information prescribed by the regulations for the purposes of this section.
Interpretation
(2) For the purposes of subsection (1), an arrangement for the making of a loan includes an arrangement for a line of credit.
Statement re mortgage renewal
176.8 Where a registered corporation makes a loan to a natural person and the loan is secured by a mortgage on real property, the registered corporation shall disclose to the person such information respecting renewal of the loan as is prescribed by the regulations.
Disclosure in advertising
176.9 (1) This section applies to an advertisement that,
(a) relates to loans, credit cards, payment cards or charge cards that are offered by a registered corporation to a natural person or to arrangements to which section 176.7 applies that are offered by a registered corporation to a natural person; and
(b) purports to contain information relating to the cost of borrowing or any other prescribed matter.
Same
(2) No person shall authorize any advertisement described in subsection (1) unless the advertisement contains the information that may be required by the regulations and is in the form and manner that may be prescribed.
Regulations re disclosure
176.10 (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing, for the purposes of section 176.1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing;
(b) governing rebates to be made under section 176.2;
(c) prescribing information other than the cost of borrowing that must be disclosed under section 176.3;
(d) prescribing the manner of calculating the cost of borrowing for the purposes of section 176.3;
(e) prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 176.3;
(f) prescribing the manner of calculating any rebate referred to in paragraph 4 of section 176.4;
(g) prescribing changes for the purposes of paragraph 6 of section 176.4, paragraph 3 of section 176.6 and paragraph 3 of subsection 176.7 (1);
(h) prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 176.4, paragraph 4 of section 176.6 and paragraph 4 of subsection 176.7 (1);
(i) prescribing information that must be disclosed under paragraph 8 of section 176.4, paragraph 5 of section 176.6 and paragraph 5 of subsection 176.7 (1);
(j) prescribing information for the purposes of section 176.5;
(k) prescribing information for the purposes of section 176.8;
(l) prescribing matters for the purposes of clause 176.9 (1) (b) and respecting the form, manner and content of advertisements for the purposes of subsection 176.9 (2);
(m) prescribing the time, manner and form of any disclosure required under sections 176.3 to 176.9;
(n) prescribing classes of loans in respect of which some or all of the requirements of sections 176.2 to 176.9 do not apply;
(o) prohibiting the imposition of any charge or penalty referred to in section 176.4, 176.6 or 176.7;
(p) governing the nature and amount of any charge or penalty referred to in section 176.4, 176.6 or 176.7 that may be imposed by a registered corporation, including but not limited to,
(i) regulations providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and
(ii) regulations respecting the costs of the registered corporation that may be included or must be excluded in the determination of the charge or penalty;
(q) respecting any other matter or thing that is necessary to carry out the purposes of sections 176.2 to 176.9.
Same
(2) A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of "cost of borrowing" in section 176.1.
Same
(3) A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of loans set out in the regulation.
(2) Paragraph 6 of subsection 223 (1) of the Act is repealed.
(3) The following provisions of the Act are amended by striking out "Minister" wherever it appears and substituting in each case "Superintendent":
1. Subsection 6 (1), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
2. Subsection 10 (5), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
3. Subsection 31 (5), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
4. Subsection 32 (4), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
5. Subsection 32 (6), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
6. Section 64, as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
7. Subsection 92 (6), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
8. Section 134, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 13.
9. Subsection 135 (1), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
10. Subsection 223.1 (1), as enacted by the Statutes of Ontario, 1997, chapter 19, section 13.
Mortgage Brokers Act
6. (1) The following provisions of the Mortgage Brokers Act are amended by striking out "Minister" wherever it appears and substituting in each case "Superintendent":
1. Subsection 7 (7), as amended by the Statutes of Ontario, 1997, chapter 19, section 15.
2. Subsection 34 (1), as enacted by the Statutes of Ontario, 1997, chapter 19, section 15.
(2) The Act is amended by adding the following sections:
Cost of Borrowing
Definition of "cost of borrowing"
7.1 In sections 7.2 to 7.8,
"
cost of borrowing", for a mortgage, means,
(a) the interest or discount applicable to the mortgage,
(b) any amount charged in connection with the mortgage that is payable by the borrower to the mortgage broker or the lender,
(c) any amount charged in connection with the mortgage that is payable by the borrower to a person other than the mortgage broker or lender, where the amount is chargeable, directly or indirectly, by the person to the mortgage broker or lender, and
(d) any charge prescribed by the regulations as included in the cost of borrowing,
but does not include any charge prescribed by the regulations as excluded from the cost of borrowing.
Disclosure of cost of borrowing
7.2 (1) A mortgage broker shall disclose to each borrower the cost of borrowing and any other information prescribed for the purposes of this section by the regulations.
Same
(2) For the purposes of disclosure required by subsection (1), the cost of borrowing,
(a) shall be calculated on the basis that all obligations of the borrower are duly fulfilled;
(b) shall be calculated in accordance with the regulations;
(c) shall be expressed as a rate per annum; and
(d) where required by the regulations, shall be expressed as an amount in dollars and cents.
Additional disclosure - term mortgages
7.3 A mortgage broker shall disclose the following to a borrower with respect to a mortgage if the mortgage is required to be repaid on a fixed future date or by instalments:
1. Whether the borrower has the right to repay the amount borrowed before the maturity of the mortgage.
2. Any terms and conditions relating to a right described in paragraph 1, including particulars of the circumstances in which the borrower may exercise the right.
3. Whether any portion of the cost of borrowing for the mortgage is to be rebated to the borrower or any charge or penalty is to be imposed on the borrower, if the borrower exercises a right described in paragraph 1.
4. The manner in which any rebate, charge or penalty referred to in paragraph 3 is to be calculated.
5. Particulars of any charges or penalties to be imposed on the borrower if the borrower fails to repay the amount of the mortgage at maturity or fails to pay an instalment on the day the instalment is due to be paid.
6. If the mortgage broker is the lender, particulars of any prescribed change relating to the mortgage agreement or the cost of borrowing for the mortgage.
7. Particulars of any rights or obligations of the borrower prescribed by the regulations for the purposes of this section.
8. Any other information prescribed by the regulations for the purposes of this section.
Additional disclosure: other mortgages
7.4 (1) A mortgage broker shall disclose the following to a person if there is an arrangement to enter into a loan secured by a mortgage with the person in respect of which section 7.3 does not apply:
1. Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the arrangement.
2. Particulars of any charges for which the person becomes responsible by entering the arrangement.
3. If the mortgage broker is the lender, particulars of any prescribed change relating to the arrangement or the cost of borrowing under the arrangement.
4. Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5. Any other information prescribed by the regulations for the purposes of this section.
Interpretation
(2) For the purposes of subsection (1), an arrangement for the making of a loan secured by a mortgage includes an arrangement for a line of credit.
Statement re mortgage renewal
7.5 The mortgage broker shall disclose to the borrower such information respecting renewal of the mortgage as is prescribed by the regulations.
Disclosure in advertising
7.6 No person shall authorize any advertisement for a mortgage which purports to contain information relating to the cost of borrowing or any other prescribed matter unless the advertisement contains the information that may be required by the regulations and is in the form and manner that may be prescribed.
Disclosure on behalf of other persons
7.7 Subject to the regulations, sections 7.2 to 7.5 and the regulations under those sections do not apply to a mortgage broker where one of the persons set out in Column 1 of the following Table, acting as a lender, authorizes a mortgage broker to provide a disclosure statement on its behalf, that disclosure statement meets the disclosure requirements under the legislation set out in Column 2 of the Table, opposite to that person, and the mortgage broker does so:
TABLE
Column 1
Column 2
Colonne 1
Colonne 2
A bank
Bank Act (Canada)
Une banque
Loi sur les banques (Canada)
An insurance company
Insurance Act
Une compagnie d'assurance
Loi sur les assurances
A trust corporation
Loan and Trust Corporations Act
Une société de fiducie
Loi sur les sociétés de prêt et de fiducie
A loan corporation
Loan and Trust Corporations Act
Une société de prêt
Loi sur les sociétés de prêt et de fiducie
A credit union
Credit Unions and Caisses Populaires Act, 1994
Une caisse populaire
Loi de 1994 sur les caisses populaires et les credit unions
Another mortgage broker
This Act
Un autre courtier en hypothèques
La présente loi
Regulations re disclosure
7.8 (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing, for the purposes of section 7.1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing;
(b) prescribing information other than the cost of borrowing that must be disclosed under section 7.2;
(c) prescribing the manner of calculating the cost of borrowing for the purposes of section 7.2;
(d) prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 7.2;
(e) prescribing the manner of calculating any rebate referred to in paragraph 4 of section 7.3;
(f) prescribing changes for the purposes of paragraph 6 of section 7.3 and paragraph 3 of subsection 7.4 (1);
(g) prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 7.3 and paragraph 4 of subsection 7.4 (1);
(h) prescribing information that must be disclosed under paragraph 8 of section 7.3 and paragraph 5 of subsection 7.4 (1);
(i) prescribing information for the purposes of section 7.5;
(j) prescribing matters for the purposes of section 7.6 and respecting the form, manner and content of advertisements for the purposes of section 7.6;
(k) prescribing the time, manner and form of any disclosure required under sections 7.3 to 7.7;
(l) prescribing classes of mortgages in respect of which some or all of the requirements of sections 7.2 to 7.7 do not apply;
(m) prohibiting the imposition by a mortgage broker who is the lender of any charge or penalty referred to in section 7.3 or 7.4;
(n) governing the nature and amount of any charge or penalty referred to in section 7.3 or 7.4 that may be imposed by a mortgage broker who is the lender, including but not limited to,
(i) regulations providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and
(ii) regulations respecting the costs of the mortgage broker that may be included or must be excluded in the determination of the charge or penalty;
(o) respecting information to be disclosed under the circumstances set out in section 7.7 and the form and manner of disclosing that information;
(p) respecting any other matter or thing that is necessary to carry out the purposes of sections 7.2 to 7.7.
Same
(2) A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of "cost of borrowing" in section 7.1.
Same
(3) A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of mortgages or of lenders set out in the regulation.
(3) Clause 33 (g) of the Act is repealed.
(4) The Act is amended by adding the following section:
Review of Act
35. The Superintendent shall undertake a review of this Act and, by July 1, 2000, shall recommend to the Minister any amendments he or she believes will improve the effectiveness and administration of this Act.
Prepaid Hospital and Medical Services Act
7. (1) Section 1 of the Prepaid Hospital and Medical Services Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 225, is further amended by adding the following definitions:
"
group plan" means a contract for the provision of services under this Act, under which an association provides services to insure severally the well-being of a number of individuals under a single contract between the association and an employer or other person; ("régime collectif")
"
person" includes an individual, corporation, association, partnership, organization or fraternal society. ("personne")
(2) Subsection 5 (2) of the Act is amended by adding "and" at the end of clause (c) and by repealing clause (d).
(3) Subsection 6 (2) of the Act is amended by adding "and" at the end of clause (b) and by repealing clause (c).
(4) Section 7 of the Act is amended by adding the following subsection:
Not applicable to group plans
(3) Subsections (1) and (2) do not apply to group plans.
(5) The Act is amended by adding the following section:
Investigatory power
14.1 The Superintendent has the same powers in respect of registered associations that the Superintendent of Financial Services has in respect of an insurer under sections 29, 30, 31, 443 and 444 of the Insurance Act.
Commencement
Commencement
8. (1) Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
Same
(2) Subsections 2 (6) and (9), 4 (1), (6), (8), (9), (39) to (56), (58), (59) and (61), 5 (1) and (2) and 6 (2) and (3) come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE J
AMENDMENTS PROPOSED BY THE MINISTRY OF HEALTH
Ambulance Act
1. (1) Subsection 1 (1) of the Ambulance Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59 and 1997, chapter 30, Schedule A, section 2, is further amended by adding the following definitions:
"
certificate" means a certificate issued to a person who has successfully completed the certification process under subsection 8 (2) or (4) or who has successfully completed the service review program referred to in subsection 8 (8); ("certificat")
"
certifying authority" means the person, body or organization appointed under section 9. ("autorité chargée de la délivrance des certificats")
(2) The definition of "Director" in subsection 1 (1) of the Act is repealed and the following substituted:
"
Director" means the Director of the Emergency Health Services Branch. ("directeur")
(3) The definition of "operator" in subsection 1 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 2, is repealed and the following substituted:
"
operator" means a person who is authorized to operate an ambulance service under section 8. ("exploitant")
2. The Act is amended by adding the following section:
Advisory council
3. The Minister may establish an advisory council for the purpose of advising the Minister on matters respecting the provision of ambulance services in the Province.
3. (1) Clause 4 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 5, is amended by striking out "license persons to operate ambulance services, establish" in the first and second lines and substituting "to establish".
(2) Clause 4 (1) (e) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 5, is amended by inserting "to" at the beginning.
(3) Clause 4 (1) (f) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 5, is amended by inserting "to" at the beginning.
4. (1) Clause 6 (8) (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
(a) select the persons who, if issued a certificate under section 8, will provide land ambulance services in the municipality.
(2) Clause 6 (8) (c) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by adding "in accordance with this Act and the regulations" at the end.
5. (1) Subsection 6.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "if licensed to operate an ambulance service under section 8 or 9" in the second, third and fourth lines and substituting "if issued a certificate under section 8".
(2) Paragraph 1 of subsection 6.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
1. Where an operator who provides land ambulances services in the municipality ceases to provide those services.
(3) Paragraph 2 of subsection 6.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
2. Where the certificate of an operator who provides land ambulance services in the municipality is revoked or not renewed under this Act.
(4) Subsection 6.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Notice of ceasing to operate
(2) An operator who provides land ambulance services in an upper-tier municipality shall give the municipality at least 90 days' notice of intention to cease providing those services.
(5) Subsection 6.1 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Notice of revocation
(3) If the certificate of an operator who provides land ambulance services in an upper-tier municipality is not renewed under subsection 8 (4) or is revoked under subsection 11 (2), the certifying authority shall immediately give notice of the fact to the municipality.
(6) Subsections 6.1 (5) and (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, are repealed and the following substituted:
Responsibility to ensure continuity of service
(5) If an operator ceases to provide land ambulance services in an upper-tier municipality or if the certificate of such an operator expires or is revoked or not renewed before a person is selected under this section to provide land ambulance services, the upper-tier municipality shall,
(a) select a person who, if issued a certificate under section 8, will provide land ambulance services in the municipality on an interim basis; or
(b) provide the services itself on an interim basis if it is issued a certificate under section 8.
6. (1) Subsection (2) does not apply if section 2 of Bill 81 (An Act to implement tax credits and revenue protection measures contained in the 1998 Budget, to make amendments to other statutes and to enact a new statute, introduced on November 23, 1998) has been enacted and has come into force.
(2) Subsection 6.2 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Conflict
(3) A by-law passed under this section is without effect to the extent that it conflicts with a regulation or an order made under this Act.
7. (1) Subsection 6.3 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Two-year protection period for certain operators
(1) Subject to section 6.5, the following operators shall be entitled to continue to operate an ambulance service until the end of the protection period:
1. A person who held a licence under this Act to operate an ambulance service immediately before the beginning of the protection period.
2. A person who is issued a licence or certificate under this Act during the protection period, if the ambulance service that the person is authorized to operate was, immediately before the licence or certificate is issued, operated by the Ministry.
(2) Subsection 6.3 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "to be licensed" in the second line.
(3) Clause 6.3 (3) (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "licensed to provide those services" at the end and substituting "issued a licence or a certificate".
(4) Subsections 6.3 (4), (5) and (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, are repealed and the following substituted:
End of protection period
(4) If a person referred to in subsection (1) continues to operate the ambulance service under this section until the end of the protection period, the certificate held by the person at that time expires with the end of the protection period.
Operation after protection period
(5) A person whose certificate expires under subsection (4) is entitled to continue to operate the ambulance service after the end of the protection period if,
(a) the person is issued a certificate by the certifying authority in accordance with subsections 8 (7), (8) and (9); and
(b) the person is selected by the upper-tier municipality under subsection 6.4 (1) or is entitled to continue to operate under subsection 6.4 (5).
8. (1) Clause 6.4 (1) (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
(a) select one or more persons who, if issued a certificate under section 8, will provide land ambulance services in all parts of the municipality on and after January 1, 2000; and
. . . . .
(2) Subsection 6.4 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed.
(3) Subsection 6.4 (5) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "if licensed by the Director under section 8 or 9" in the eighth and ninth lines and substituting "if issued a certificate by the certifying authority under section 8".
(4) Subsection 6.4 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Same
(6) If the certifying authority refuses to issue a certificate to the person referred to in subsection (5), the upper-tier municipality shall,
(a) choose another person who, if issued a certificate under section 8, shall provide land ambulance services in the municipality on an interim basis; or
(b) provide the services itself on an interim basis, if issued a certificate under section 8.
(5) Subsection 6.4 (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "if licensed by the Director under section 8 or 9" in the seventh and eighth lines and substituting "if issued a certificate by the certifying authority under section 8".
9. (1) Subsection 6.5 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Cessation of services, etc., during protection period
(1) Nothing in section 6.3,
(a) prevents an operator from ceasing to provide land ambulance services during the protection period; or
(b) prevents the certifying authority from revoking or refusing to renew a certificate during the protection period.
(2) Subsection 6.5 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended,
(a) by striking out "surrenders his, her or its licence" in the third and fourth lines and substituting "ceases to provide those services"\; and
(b) by striking out "licence" in the fifth line and substituting "certificate".
(3) Subsection 6.5 (3) of the Act, as enacted by the Statutes of Ontario, 1997 chapter 30, Schedule A, section 6, is repealed and the following substituted:
Notice
(3) Subsections 6.1 (2) and (3) apply with necessary modifications where an operator intends to cease providing land ambulance services in an upper-tier municipality during the protection period or where a certificate is revoked or not renewed during the protection period.
(4) Subsection 6.5 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "6.1 (4), (5) and (6)" in the first line and substituting "6.1 (4) and (5)".
(5) Subsections 6.5 (6) and (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, are repealed and the following substituted:
Responsibility of Minister to ensure continuity of service
(6) If, before the Minister completes a request for proposals under subsection (5), an operator ceases to provide land ambulance services or a certificate expires or is revoked or not renewed, the Minister shall select a person who, if issued a certificate by the certifying authority under section 8, shall provide land ambulance services in the upper-tier municipality on an interim basis.
End of protection period
(7) If, during the protection period, a person is selected by the Minister under clause (2) (a) to provide land ambulance services in an upper-tier municipality and is issued a certificate by the certifying authority under section 8, the certificate held by the person at that time expires with the end of the protection period.
Operation after protection period
(8) A person whose certificate expires under subsection (7) is entitled to continue to operate the ambulance service after the end of the protection period if,
(a) the person is issued a certificate by the certifying authority in accordance with subsections 8 (7), (8) and (9); and
(b) the person is selected by the upper-tier municipality under subsection 6.4 (1) or is entitled to continue to operate under subsection 6.4 (5).
10. The heading immediately preceding section 8 of the Act is repealed and the following substituted:
PART V
CERTIFICATION
11. Section 8 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 9, is repealed and the following substituted:
Who may operate
8. (1) No person shall operate an ambulance service unless,
(a) the person holds a certificate issued by the certifying authority in accordance with subsection (2); and
(b) the person has been selected in accordance with section 6.1, subsection 6.4 (1) or (6) or section 6.5 or is entitled to continue to operate under subsection 6.4 (5).
Certification
(2) A person shall be issued a certificate by the certifying authority only if the person has successfully completed the certification process prescribed by the regulations.
Expiry of certificate
(3) A certificate shall expire at the end of the period prescribed by the regulations.
Renewal of certificate
(4) A certificate shall be renewed by the certifying authority only if, before the expiry of the certificate, the operator successfully completes the certification process prescribed by the regulations.
Certification process
(5) In order to successfully complete the certification process referred to in subsections (2) and (4), a person must demonstrate that he or she meets the certification criteria prescribed by the regulations.
Transition
(6) Despite subsections (1) to (5), an operator who, immediately before the day section 11 of Schedule J to the Red Tape Reduction Act, 1998 (No. 2) comes into force, held a licence to operate an ambulance service shall be deemed to hold a certificate as of that day and the certificate shall expire on December 31, 1999.
Same
(7) An operator referred to in subsection (6) shall be entitled to continue to operate an ambulance service on and after January 1, 2000 if,
(a) the operator is issued a certificate by the certifying authority in accordance with subsection (8); and
(b) the operator has been selected by the appropriate upper-tier municipality or delivery agent in accordance with subsection 6.4 (1) or (6) or clause 6.5 (2) (b) or is entitled to continue to operate the ambulance service under subsection 6.4 (5).
Service review program
(8) For the purposes of clause (7) (a), an operator shall be issued a certificate if the operator has successfully completed the service review program required by the Ministry.
Same, expiry
(9) A certificate issued under subsection (8) shall expire on December 31, 2002 and shall be renewed in accordance with subsection (4), unless the certificate is issued for a lesser period of time under subsection 6.4 (5) or (6).
12. Section 9 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 10, is repealed and the following substituted:
Minister to designate certifying authority
9. (1) The Minister shall appoint a person, body or organization as the certifying authority for the purposes of this Act.
Powers and responsibilities
(2) The certifying authority shall,
(a) ensure that all operators meet the certification criteria referred to in subsection 8 (5);
(b) have such powers and responsibilities as may be set out in the appointment; and
(c) be subject to such terms, conditions or limitations as may be specified in the appointment.
Fees
(3) In an appointment under this section, the Minister may delegate to the certifying authority the power to set the fees referred to in subsection 22.1 (1).
Limitation
(4) In an appointment under this section, the Minister shall not delegate to the certifying authority the powers of the Director under section 11.
13. Section 11 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 11, is repealed and the following substituted:
Contravention of certification criteria
11. (1) If an operator has contravened a standard or requirement of this Act or the regulations and the contravention would constitute a failure to meet the certification criteria referred to in subsection 8 (5), the Director may,
(a) order the operator to remedy the contravention;
(b) order the operator to complete the certification process prescribed by regulation within the time frame specified in the order;
(c) make both orders referred to in clauses (a) and (b); or
(d) make such orders as may be prescribed by regulation.
Revocation of certificate
(2) If an operator is ordered to complete the certification process prescribed by regulation under clause (1) (b) and fails to successfully complete the certification process, the certifying authority shall revoke the operator's certificate.
14. Sections 12 and 13 of the Act are repealed.
15. Section 14 of the Act, as amended by the Statutes of Ontario, 1997, chapter 15, section 1, is repealed and the following substituted:
Notice of revocation of certificate
14. (1) If the Director proposes to make an order under clause 11 (1) (b), he or she shall serve notice of the proposal, together with written reasons therefore, on the operator.
Content of notice
(2) A notice under subsection (1) shall inform the operator that the operator is entitled to a hearing by the Board if the operator mails or delivers, within 15 days after service of the notice under subsection (1), notice in writing requiring a hearing to the Director and the Board, and the operator may require such a hearing.
Powers of Director where no hearing
(3) If an operator does not require a hearing by the Board in accordance with subsection (2), the Director may make an order under clause 11 (1) (b).
Powers of Board where hearing
(4) If an operator requires a hearing by the Board in accordance with subsection (2), the Board shall appoint a time for and hold the hearing and, on the application of the Director at the hearing, may by order, direct the Director to make an order under clause 11 (1) (b) or to refrain from doing so and to take such action as the Board considers the Director ought to take in accordance with this Act and the regulations.
Extension of time for appeal
(5) The Board may extend the time for the giving of notice requiring a hearing by an operator under this section either before or after expiration of such time where it is satisfied that there are apparent grounds for granting relief to the operator pursuant to a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension.
16. (1) Subsection 15 (1) of the Act is amended by striking out "Director, the applicant or licensee" in the first and second lines and substituting "Director or the operator".
(2) Subsection 15 (2) of the Act is repealed and the following substituted:
Notice of hearing
(2) Notice of a hearing under section 14 shall afford the operator a reasonable opportunity to show that the operator has successfully completed, or is capable of successfully completing, the certification process referred to in clause 11 (1) (b).
(3) Subsection 15 (3) of the Act is amended by striking out "applicant or licensee" in the first line and substituting "operator".
17. (1) Subsection (2) applies only if Bill 81 (An Act to implement tax credits and revenue protection measures contained in the 1998 Budget, to make amendments to other statutes and to enact a new statute, introduced on November 23, 1998) receives Royal Assent.
(2) On the later of the day this section comes into force and the day section 8 of Bill 81 comes into force, subsection 17.1 (2) of the Act, as enacted by section 8 of Bill 81, is repealed and the following substituted:
Conflict
(2) A by-law passed under this section is without effect to the extent that it conflicts with a regulation or an order made under this Act.
18. Section 19 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 15, is repealed.
19. Section 20 of the Act is repealed.
20. Section 20.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 16, is repealed and the following substituted:
Prohibition, fees
20.1 No person shall charge a fee or a co-payment for or in connection with the provision of ambulance services, whether or not the person is transported by ambulance, unless the fee or co-payment is,
(a) a co-payment authorized under the Health Insurance Act\; or
(b) a fee under this Act.
21. (1) Clause 22 (1) (d) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 18, is repealed and the following substituted:
(d) prescribing the qualifications of persons employed in ambulance services and communications services and respecting the testing and examination, physical or otherwise, of such persons and their duties and obligations;
(d.1) respecting the duties and obligations of upper-tier municipalities and delivery agents.
(2) Clause 22 (1) (e) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 18, is repealed and the following substituted:
(e) providing for the issuing of certificates and prescribing classes of certificates.
(3) Clause 22 (1) (e.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 18, is repealed and the following substituted:
(e.1) respecting the certification process referred to in subsections 8 (2) and (4), prescribing qualifications and eligibility criteria for participation in the certification process and respecting the certification criteria referred to in subsection 8 (5);
(e.1.1) respecting the expiry of certificates and providing that different classes of certificates expire within different time periods.
(4) Section 22 of the Act, as amended by the Statutes of Ontario 1996, chapter 32, section 59, 1997, chapter 15, section 1 and 1997, chapter 30, Schedule A, section 18, is further amended by adding the following subsections:
Incorporation
(4) A regulation under subsection (1) may adopt by reference, in whole or in part and with such changes as are considered necessary, any code, standard or document and require compliance with the code, standard or document as adopted.
Rolling incorporation
(5) If a regulation under subsection (4) so provides, a code, standard or document adopted by reference shall be a reference to it as amended from time to time and whether the amendment was made before or after the regulation was made.
22. Subsection 22.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 15, section 1, is repealed and the following substituted:
Fees
(1) The Minister may set fees relating to the issuance of certificates and the certification process prescribed by the regulations.
Health Protection and Promotion Act
23. The French version of subsection 15 (3) of the Health Protection and Promotion Act is amended by striking out "rôle du percepteur" in the third line and substituting "rôle de perception".
Mental Health Act
24. The French version of clause 48 (7) (a) of the Mental Health Act is amended by striking out "le conseil" at the end and substituting "le tribunal".
Commencement
Commencement
25. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE K
AMENDMENTS PROPOSED BY MANAGEMENT BOARD SECRETARIAT
Official Notices Publication Act
1. Section 2 of the Official Notices Publication Act is amended by adding the following subsection:
Same
(2) The Queen's Printer may publish in The Ontario Gazette such other notices and information as the Queen's Printer considers advisable.
Public Service Act
2. The Public Service Act is amended by adding the following section:
Conflict of Interest Commissioner
4.1 (1) The Lieutenant Governor in Council may, by order, appoint an individual to act as the Conflict of Interest Commissioner.
Powers and duties
(2) The Conflict of Interest Commissioner may exercise such powers and shall perform such duties as are assigned to him or her by the Lieutenant Governor in Council or by the Chair of the Management Board of Cabinet.
Immunity
(3) No proceeding shall be commenced against the Conflict of Interest Commissioner for any act done or omitted in good faith in the execution or intended execution of his or her duties under subsection (2).
Testimony
(4) The Conflict of Interest Commissioner is not a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under subsection (2).
Commencement
Commencement
3. This Schedule comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
SCHEDULE L
AMENDMENTS PROPOSED BY THE MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING
Building Code Act, 1992
1. Subsection 1 (1) of the Building Code Act, 1992, as amended by the Statutes of Ontario, 1997, chapter 24, section 224 and chapter 30, Schedule B, section 1, is further amended by adding the following definition:
"
planning board" means a planning board established under section 9 or 10 of the Planning Act. ("conseil d'aménagement")
2. (1) Subsection 3.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended by inserting "planning board" after "board of health" in the first line.
(2) Subsection 3.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended by inserting "planning board" after "board of health" in the first line and in the fifth line.
(3) Subsection 3.1 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended by inserting "planning board" after "board of health" in the fifth line.
(4) Subsection 3.1 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended by inserting "planning board" after "board of health" in the first line.
(5) Subsection 3.1 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended,
(a) by inserting "planning board or" before "conservation authority" in the second line; and
(b) by inserting "planning board" after "board of health" in the last line.
3. Section 7 of the Act, exclusive of the clauses, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 6, is repealed and the following substituted:
By-laws, regulations
7. The council of a municipality and of a county that has entered into an agreement under subsection 3 (5) and a board of health prescribed for the purposes of section 3.1 may pass by-laws, a planning board prescribed for the purposes of section 3.1 may pass resolutions and a conservation authority prescribed for the purposes of section 3.1 and the Lieutenant Governor in Council may make regulations, applicable in the area in which the municipality, county, board of health, planning board, conservation authority or the Province of Ontario, respectively, has jurisdiction for the enforcement of this Act,
. . . . .
4. The Act is amended by adding the following section:
Non-application of Regulations Act
7.1 A regulation made by a conservation authority under section 7 is not a regulation within the meaning of the Regulations Act.
5. (1) Clause 8 (3) (c) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 7, is further amended by striking out the portion before subclause (i) and substituting the following:
(c) the applicant and such other person as the chief building official determines agree in writing with the municipality, county, board of health, planning board, conservation authority or the Crown in right of Ontario to,
. . . . .
(2) Subsection 8 (5) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 7, is repealed and the following substituted:
Registration
(5) Any agreement entered into under clause (3) (c) may be registered against the land to which it applies and the municipality, county, board of health, planning board, conservation authority or the Province of Ontario, as the case may be, is entitled to enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.
6. (1) Subsection 15 (9) of the Act, as amended by the Statutes of Ontario, 1997, chapter 24, section 224, is repealed and the following substituted:
Municipal lien
(9) If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the renovation, repair, demolition or other action under clause (5) (b) and the amount shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes.
(2) Subsection 15 (10) of the Act is amended by striking out "or demolition" in the third line and substituting "demolition or other action".
7. Subsection 17 (4) of the Act is repealed and the following substituted:
No liability
(4) Despite subsection 31 (2), the Crown, a municipal corporation, a county corporation, a board of health, a planning board or a conservation authority or a person acting on behalf of any of them is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the chief building official or an inspector in the reasonable exercise of his or her powers under subsection (3).
8. The Act is amended by adding the following section:
Recovery of expenditures
17.1 (1) This section applies if money is spent by a board of health, planning board or conservation authority or, in the circumstances described in subsection (2), by the Crown or a county or, in the circumstances described in subsection (4), by a municipality,
(a) to carry out a removal and restoration under subsection 8 (6);
(b) to carry out a renovation, repair, demolition or other action under clause 15 (5) (b); or
(c) to perform remedial or other work under subsection 17 (1) where the amount spent is determined to be recoverable by a judge under subsection 17 (8).
In municipalities
(2) If the building in respect of which money was spent is in a municipality,
(a) the county, board of health, planning board, conservation authority or the Crown may instruct the municipality to recover the amount spent;
(b) subsection 8 (7), 15 (9) or 17 (10), as the case may be, applies to the collection of the amount; and
(c) the money collected, less the costs reasonably attributable to the collection, shall be paid by the municipality to the county, board of health, planning board, conservation authority or the Crown.
Not interest of the Crown
(3) Where the Crown instructs the municipality under clause (2) (a) to recover the amount spent, the lien referred to in subsection 8 (7), 15 (9) or 17 (10) is not an estate or interest of the Crown within the meaning of clause 9 (5) (b) of the Municipal Tax Sales Act.
In territory without municipal organization
(4) If the building in respect of which money was spent is in territory without municipal organization,
(a) the municipality, board of health, planning board or conservation authority may instruct the land tax collector appointed under the Provincial Land Tax Act to recover the amount spent;
(b) subsection 8 (8), 15 (10) or 17 (11), as the case may be, applies to the collection of the amount; and
(c) the money collected, less the costs reasonably attributable to the collection, shall be paid by the Crown to the municipality, board of health, planning board or conservation authority.
9. (1) Subsection 29 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 14, is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:
(c) approving the use of a material, system or building design in a manner consistent with a decision of the Building Code Commission relating to the material, system or building design.
(2) Subsections 29 (5) and (6) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 14, are repealed and the following substituted:
Application
(5) A ruling of the Minister under clause (1) (a) or (c) entitles a person to use the approved material, system or building design in all of Ontario unless the ruling states otherwise.
Approved materials
(6) The use of an approved material, system or building design in the manner approved in a ruling under clause (1) (a) or (c) shall be deemed not to be a contravention of the building code.
10. Subsection 31 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 15, is repealed and the following substituted:
Liability
(2) Subsection (1) does not relieve the Crown, a municipal corporation, a county corporation, a board of health, a planning board or a conservation authority of liability in respect of a tort committed by their respective chief building official or inspectors to which they would otherwise be subject and the Crown, municipal or county corporation, board of health, planning board or conservation authority is liable for any such tort as if subsection (1) were not enacted.
11. (1) Paragraph 29 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17, is amended by inserting "planning boards" after "boards of health" in the first line.
(2) Paragraph 37 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17, is amended by adding the following subparagraph:
viii. the transfer of responsibilities involving any municipality or any board of health, conservation authority or planning board prescribed under section 3.1.
Canadian National Exhibition Association Act, 1983
12. Clause 1 (d) of the Canadian National Exhibition Association Act, 1983, being chapter Pr23, is repealed and the following substituted:
(d) "Municipality" means the City of Toronto.
13. Subsection 5 (2) of the Act is repealed and the following substituted:
Composition
(2) The Municipal Section shall consist of,
(a) 17 members of the council of the Municipality who shall be appointed by the council each year;
(b) one representative, appointed annually, of each of the,
(i) City of Toronto Convention and Visitors Association,
(ii) Toronto Parking Authority,
(iii) Toronto Hydro-Electric Commission,
(iv) Toronto Harbour Commissioners,
(v) Toronto Transit Commission,
(vi) Toronto Zoo, and
(vii) board of directors of Ontario Place Corporation;
(c) the mayor of the Municipality, one staff member of the Municipality, the chief of police of the Municipality;
(d) two representatives appointed by the school boards having jurisdiction in the Municipality; and
(e) 15 persons appointed by the council of the Municipality from the community at large who are not members of council.
14. Clause 6 (1) (a) of the Act is amended by striking out "the Chairman of the council of the Municipality" in the first line.
Housing Development Act
15. Subsections 14 (1), (2) and (3) of the Housing Development Act are repealed and the following substituted:
Status of Ontario Mortgage Corporation
(1) Ontario Mortgage Corporation (known, before August 19, 1974, as Housing Corporation Limited) is a corporation continued under the Business Corporations Act and an agent of the Crown in right of Ontario.
Power to issue bonds
(2) Ontario Mortgage Corporation may issue notes, bonds or debentures.
Purchase, guarantee or advance by Minister of Finance
(3) The Lieutenant Governor in Council may authorize the Minister of Finance to,
(a) purchase or guarantee the payment of any notes, bonds or debentures issued by Ontario Mortgage Corporation;
(b) make advances to Ontario Mortgage Corporation in the amounts, at the times and on the conditions the Lieutenant Governor in Council considers expedient.
Guarantee or indemnification by Ontario Mortgage Corporation
(3.1) Ontario Mortgage Corporation may, subject to the approval of the Lieutenant Governor in Council,
(a) guarantee a loan to which this subsection applies; or
(b) agree to indemnify a person who makes such a loan.
Same
(3.2) Subsection (3.1) applies to a loan that is used,
(a) to undertake a building development; or
(b) to acquire or to acquire and rehabilitate a housing unit.
London-Middlesex Act, 1992
16. Part III of the London-Middlesex Act, 1992 is repealed.
Municipal Act
17. (1) Subsections 297 (3), (10) and (14) of the Municipal Act are repealed.
Transition
(2) All money received by a municipality from the selling or leasing of a stopped-up highway or part of a highway and paid into a special account under subsection 297 (14) of the Municipal Act, as it read immediately before its repeal under this section, may be used by the municipality for any purpose for which it has authority to spend funds.
18. Subsections 305 (2) and (4) of the Act are repealed.
19. The French version of section 318 of the Act is amended by striking out "à l'extérieur d'un territoire non organisé en municipalité" in the fourth, fifth and sixth lines and substituting "ne faisant pas partie d'une municipalité".
20. (1) Subsection 400 (8) of the Act, as amended by the Statutes of Ontario, 1997, chapter 29, section 45, and subsection 400 (10) of the Act are repealed and the following substituted:
Costs
(8) The costs chargeable in respect of any distress and levy are those payable to bailiffs under the Bailiffs Act.
. . . . .
Penalty
(10) If any person contravenes subsection (9) or levies a greater sum than is authorized under subsection (8), proceedings may be taken against that person by the aggrieved party in the same manner as may be taken under sections 16.2 and 16.3 of the Bailiffs Act.
(2) This section comes into force on the later of the day the Costs of Distress Act is repealed and the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
Planning Act
21. Subsection 4 (1) of the Planning Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 4, is further amended by inserting "and section 50 of the Condominium Act," after "Act" in the fourth line and by striking out "under section 50 of the Condominium Act, under subsection 297 (10) and subsection 305 (2) of the Municipal Act, under subsection 88 (3) of the Registry Act and under section 146 of the Land Titles Act" in the seventh, eighth, ninth, tenth, eleventh and twelfth lines.
22. (1) Clause 17 (13) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is repealed and the following substituted:
(c) a local municipality that is not within a territorial district and does not form part of a county, regional or district municipality or the County of Oxford for municipal purposes, excluding the Township of Pelee; and
. . . . .
(2) Clause 17 (29) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is amended by inserting "within 15 days after the last day for filing a notice of appeal" after "authority" in the third line.
(3) Section 17 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is amended by adding the following subsections:
Exception
(29.1) Despite clause (29) (b), if all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn within 15 days after the last day for filing a notice of appeal, the municipality is not required to forward the materials described under clauses (29) (b) and (d) to the Municipal Board and under clause 29 (c) to the appropriate approval authority.
Where appeals withdrawn
(29.2) If all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (30) (a) and (b) apply.
. . . . .
Exception
(42.1) Despite clause (42) (b), if all appeals in respect of all or part of the plan are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, the approval authority is not required to forward the materials described under clauses (42) (b) and (c) to the Municipal Board.
Appeals withdrawn, decision
(42.2) If all appeals made under subsection (36) in respect of all or part of the decision of the approval authority are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (39) (a) and (b) apply.
Appeals withdrawn, plan
(42.3) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be.
23. (1) Clause 22 (9) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by inserting "within 15 days after the notice is received" after "authority" in the third line.
(2) Section 22 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by adding the following subsections:
Exception
(9.1) Despite clause (9) (b), if all appeals under subsection (7) are withdrawn within 15 days after the notice of appeal is filed, the municipality or planning board is not required to forward the materials described under clauses (9) (b) and (d) to the Municipal Board or under clause 9 (c) to the appropriate approval authority.
Appeals withdrawn, amendment
(9.2) If all appeals under clause (7) (a), (b), (c) or (d) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the council or planning board may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be.
Decision final
(9.3) If all appeals under clause (7) (e) or (f) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or planning board is final on the day that the last outstanding appeal has been withdrawn.
24. The French version of subsection 24 (1) of the Act is amended by striking out "Si, malgré une autre loi générale ou spéciale" in the first and second lines and substituting "Malgré toute autre loi générale ou spéciale, si".
25. (1) Subsection 34 (11.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 53, is repealed and the following substituted:
Withdrawal of appeal
(11.1) If all appeals under subsection (11) are withdrawn, the secretary of the Municipal Board shall notify the clerk of the municipality and the decision of the council is final and binding or the council may proceed to give notice of the public meeting or pass or refuse to pass the by-law, as the case may be.
(2) Section 34 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 53, 1994, chapter 23, section 21 and 1996, chapter 4, section 20, is further amended by adding the following subsections:
Exception
(23.2) Despite clause (23) (b), if all appeals under subsection (19) are withdrawn within 15 days after the last day for filing a notice of appeal, the municipality is not required to forward the materials described under clauses (23) (b) and (c) to the Municipal Board.
Decision final
(23.3) If all appeals to the Municipal Board under subsection (19) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council is final and binding.
26. Section 45 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 56, 1994, chapter 23, section 26 and 1996, chapter 4, section 25, is further amended by adding the following subsections:
Exception
(13.1) Despite subsection (13), if all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the secretary-treasurer is not required to forward the materials described under subsection (13) to the Municipal Board.
Decision final
(13.2) If all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the committee is final and binding and the secretary-treasurer of the committee shall notify the applicant and file a certified copy of the decision with the clerk of the municipality.
27. (1) Clause 50 (1) (a.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed.
(2) Clause 50 (1) (c) of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 27, is repealed and the following substituted:
(c) where land is situate in a local municipality that is not within a territorial district and does not form part of a county, regional or district municipality or the County of Oxford for municipal purposes, a consent given by the council of the local municipality.
(3) Subsection 50 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 15, section 41, 1994, chapter 23, section 29, 1996, chapter 4, section 27 and 1997, chapter 26, Schedule, is further amended by adding the following clause:
(f) except as otherwise provided in clauses (a), (b), (c), (d) and (e), a consent given by the Minister.
28. (1) Subsection 51 (3) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is repealed and the following substituted:
Minister is approval authority
(3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1.
(2) Subsection 51 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30 and amended by 1997, chapter 26, Schedule, is repealed and the following substituted:
Local municipalities not in upper-tier municipality
(4) If land is in a local municipality that is not within a territorial district and does not form part of a county or regional or district municipality or the County of Oxford for municipal purposes, the local municipality is the approval authority for the purposes of this section and section 51.1.
(3) Section 51 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30 and amended by 1996, chapter 4, section 28, 1997, chapter 26, Schedule and 1997, chapter 31, section 164, is further amended by adding the following subsections:
Exception
(35.1) Despite clause (35) (b), if all appeals under subsection (34) are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority is not required to forward the materials described under clause (35) (b) to the Municipal Board.
Where all appeals withdrawn
(35.2) If all appeals under subsection (34) are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority may proceed to make a decision under subsection (31).
. . . . .
Exception
(50.1) Despite clause (50) (b), if all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the approval authority is not required to forward the materials described under clause (50) (b) to the Municipal Board.
Deemed decision
(50.2) If all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44).
. . . . .
Final approval
(56.1) If, on an appeal under subsection (34) or (39), the Municipal Board has given approval to a draft plan of subdivision, the Board may, by order, provide that the final approval of the plan of subdivision for the purposes of subsection (58) is to be given by the approval authority in which the land is situate.
Change of conditions
(56.2) If the final approval of a plan of subdivision is to be given under subsection (56.1), the Municipal Board may change the conditions of the approval of the draft plan of subdivision under subsection (44) at any time before the approval of the final plan of subdivision by the approval authority.
29. Section 53 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32 and amended by 1996, chapter 4, section 29, is further amended by adding the following subsections:
Exception
(16.1) Despite clause (15) (b), if all appeals under subsection (14) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (15) (b) to the Municipal Board.
Where all appeals withdrawn
(16.2) If all appeals under subsection (14) are withdrawn within 15 days after the last day for filing a notice of appeal, the council or the Minister may proceed to make a decision under subsection (1).
. . . . .
Exception
(29.1) Despite clause (28) (b), if all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (28) (b) to the Municipal Board.
Decision final
(29.2) If all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or the Minister, subject to subsection (23), to give or refuse to give a provisional consent is final.
30. Section 63 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 32, is amended by striking out "a land division committee" in the second and third lines.
Regional Municipalities Act
31. Subsection 97 (4) of the Regional Municipalities Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 227 is amended by,
(a) inserting "a planning board established under section 9 or 10 of the Planning Act, a board of health or a conservation authority" after "Corporation" in the second line; and
(b) inserting "planning board, board of health or conservation authority" after Corporation in the last line.
Registry Act
32. Subsection 88 (3) of the Registry Act is repealed.
COMMENCEMENT
Commencement
33. (1) Subject to subsection (2), this Schedule comes into force on the day that the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
Same
(2) Sections 1 to 11 and section 31 of this Schedule come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE M
AMENDMENTS PROPOSED BY THE MINISTRY OF NATURAL RESOURCES
Aggregate Resources Act
1. (1) Section 12.1 of the Aggregate Resources Act, as enacted by the Statutes of Ontario, 1996, chapter 30, section 10, is repealed and the following substituted:
Zoning
12.1 (1) No licence shall be issued for a pit or quarry if a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries.
Doubt as to zoning
(2) If the Minister is in doubt as to whether a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries, he or she may serve on the applicant a notice to that effect.
Application to court
(3) An applicant who is served with a notice is entitled, within 30 days after the notice is served, to make an application to the Ontario Court (General Division) for a judgment declaring that no zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries.
(2) Section 49 of the Act is repealed.
(3) Subsections 66 (1), (2), (3) and (4) of the Act are repealed and the following substituted:
Act overrides municipal by-laws, etc.
(1) This Act, the regulations and the provisions of licences and site plans apply despite any municipal by-law, official plan or development agreement and, to the extent that a municipal by-law, official plan or development agreement deals with the same subject-matter as this Act, the regulations or the provisions of a licence or site plan, the by-law, official plan or development agreement is inoperative.
Same
(2) Subsection (1) applies even if the by-law, official plan or development agreement came into force before the day subsection 1 (3) of Schedule M to the Red Tape Reduction Act, 1998 (No. 2) came into force.
Power to pass by-laws restricted
(3) Except as provided in paragraph 142 of section 210 of the Municipal Act, no by-law passed under that Act may prohibit or require a licence for the carrying on or operating of a pit or quarry or wayside pit or quarry.
Same
(4) Subsection (3) applies even if the by-law came into force before the day subsection 1 (3) of Schedule M to the Red Tape Reduction Act, 1998 (No. 2) came into force.
(4) Section 67 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 126 and 1996, chapter 30, section 53, is further amended by adding the following subsection:
Adoption by reference
(3) A regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, standard or guideline, as it reads at the time the regulation is made or as amended from time to time.
Fish Inspection Act
2. (1) Subsection 6 (2) of the Fish Inspection Act is repealed.
(2) Subsection 7 (2) of the Act is repealed and the following substituted:
Arrest without warrant
(2) An inspector may arrest without warrant a person that he or she believes on reasonable grounds is committing, has committed or is preparing to commit an offence under subsection (1).
Necessary force
(3) An inspector may use as much force as is necessary to make an arrest under subsection (2).
Release
(4) If an inspector arrests a person under subsection (2), he or she shall, as soon as practicable, release the person from custody, unless the inspector has reasonable grounds to believe that,
(a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to,
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the commission of another offence; or
(b) the person arrested, if released, will not respond to the summons or offence notice or will not appear in court.
Person to be taken before justice
(5) Section 150 of the Provincial Offences Act applies if the person arrested is not released.
(3) Section 9 of the Act is repealed and the following substituted:
Offence
9. (1) Every person who contravenes any of the provisions of this Act or the regulations is guilty of an offence and is liable on conviction to,
(a) in the case of an individual, a fine of not more than$$25,000, or to imprisonment for a term of not more than two years, or to both; and
(b) in the case of a corporation, a fine of not more than$$100,000.
Corporations
(2) If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.
(4) The Act is amended by adding the following section:
Limitation period
10.1 A prosecution for an offence under this Act,
(a) shall not be commenced more than two years after the day evidence of the offence first came to the attention of an inspector; and
(b) shall not be commenced more than three years after the offence was committed.
Forest Fires Prevention Act
3. (1) Section 12 of the Forest Fires Prevention Act is repealed and the following substituted:
Fires in restricted fire zones
12. No person shall start a fire outdoors in a restricted fire zone,
(a) except in accordance with a permit issued under the regulations; or
(b) unless the fire is for the purpose of cooking or obtaining warmth and the fire is in a stove or installation of a kind prescribed by the regulations.
(2) On the later of the day this subsection comes into force and the day section 19 of Schedule I to the Red Tape Reduction Act, 1998 (No. 1) comes into force, section 14 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 1, is repealed.
(3) Section 18 of the Act is repealed and the following substituted:
Power of officer as to fire dangers
18. (1) If an officer finds on any land, building, structure or equipment a condition or activity that, in his or her opinion, may cause danger to life or property from fire, the officer may make an order requiring the owner or person in control of the land, building, structure or equipment, the person who caused the condition, or any person engaged in or responsible for the activity to take such action, within the time specified by the order, as the officer considers necessary to eliminate or reduce the danger.
Action by officer
(2) If the person against whom an order is made under subsection (1) does not comply with the order, the officer, with such assistants as he or she requires, may take such action as the officer considers necessary to eliminate or reduce the danger.
Cost
(3) The cost and expenses of any action taken by an officer and his or her assistants under subsection (2) shall be paid by the person against whom the order was made and are recoverable by the Crown in right of Ontario in any court of competent jurisdiction.
(4) The Act is amended by adding the following section:
Cost of controlling and extinguishing fires
21.1 (1) If a fire is caused by or results from the conduct of a person or is caused by or results from a person disobeying, refusing or neglecting to carry out any of the provisions of this Act or the regulations, any order made under this Act or the regulations or any condition of any permit issued under this Act or the regulations, the cost and expenses of any action taken under this Act shall be paid by the person and are recoverable in any court of competent jurisdiction by the person who incurred the cost and expenses.
Cost paid by municipality
(2) If, under subsection 21 (1), a municipality has paid the Crown in right of Ontario for cost and expenses incurred by the Ministry, the municipality shall, for the purpose of subsection (1), be deemed to be the person who incurred the cost and expenses.
(5) Section 30 of the Act is amended by striking out "a firearm or flare" in the first and second lines and substituting "a firearm, a flare or fireworks".
(6) Section 34 of the Act is repealed and the following substituted:
Railways
34. The provisions of the Railway Safety Act (Canada) and the regulations made under that Act that relate to the prevention and control of fires apply with necessary modifications to any railway that is subject to the legislative jurisdiction of the Province of Ontario.
(7) Subsection 35 (1) of the Act is amended by striking out "and such person is also liable to the Crown in right of Ontario for any cost and expenses incurred by the Ministry in endeavouring to control or extinguish any fire caused by or resulting from such disobedience, refusal or neglect" in the ninth, tenth, eleventh, twelfth, thirteenth and fourteenth lines.
(8) Subsection 35 (2) of the Act is repealed and the following substituted:
Recovery of expenses
(2) On the request of the prosecutor, the court that convicts a person of an offence under subsection (1) may determine the amount, if any, that the person is required to pay under subsection 18 (3) or 21.1 (1), and may order the person to pay that amount, up to the monetary limit of the Small Claims Court, to the person entitled.
Enforcement
(2.1) An order under subsection (2) may be enforced in the same manner as an order of the Small Claims Court.
(9) Clause 36 (d) of the Act is repealed and the following substituted:
(d) designating kinds of stoves and installations for the purpose of section 12 and governing their use in restricted fire zones.
(10) On the later of the day this subsection comes into force and the day section 11 of Schedule I of the Red Tape Reduction Act, 1998 (No. 1) comes into force, section 37 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 19, is amended by adding the following subsections:
Notice of order
(3) The Minister shall provide for such notice as he or she considers necessary of any order made under clause (1) (a) or (b) in such newspapers and other media as the Minister considers appropriate.
Proof of order
(4) A document that purports to be an order made by the Minister under subsection (1) or that purports to be a copy of an order made by the Minister under subsection (1) is admissible in evidence as proof of the making of the order and of the order's contents, in the absence of evidence to the contrary.
Game and Fish Act
4. (1) Section 66 of the Game and Fish Act is repealed.
(2) Subsection (1) applies only if this section comes into force before section 119 of the Fish and Wildlife Conservation Act, 1997.
Niagara Escarpment Planning and Development Act
5. (1) The definition of "Niagara Escarpment Plan" in section 1 of the Niagara Escarpment Planning and Development Act is amended by striking out "approved by the Lieutenant Governor in Council" in the third and fourth lines and substituting "as approved by the Lieutenant Governor in Council under this Act on June 12, 1985 and amended and revised in accordance with this Act".
(2) Section 4 of the Act is repealed and the following substituted:
Advisory committee
4. (1) The Minister shall establish an advisory committee, consisting of such persons as the Minister appoints who are broadly representative of the people of the Niagara Escarpment Planning Area, to advise and make recommendations to the Minister, through the Commission, in respect of the amendment and implementation of the Niagara Escarpment Plan and to perform any other function given to the committee by the Minister.
Additional advisory committees
(2) The Minister may establish additional advisory committees, consisting of such persons as the Minister appoints, to advise and make recommendations to the Minister, through the Commission, in respect of the amendment and implementation of the Niagara Escarpment Plan and to perform any other function given to the committees by the Minister.
(3) The Act is amended by adding the following section:
Amendments to Plan
6.1 (1) An amendment to the Niagara Escarpment Plan may be initiated by the Minister or by the Commission, and application may be made to the Commission by any person, ministry or municipality requesting an amendment to the Plan.
Material to accompany application
(2) An application to the Commission by a person, ministry or municipality requesting an amendment to the Plan shall include a statement of the justification for the amendment and shall be accompanied by research material, reports, plans and the like that were used in the preparation of the amendment.
Rejection of certain applications
(3) Where, in the opinion of the Commission, an application for an amendment does not disclose a planning justification for the amendment, is not in the public interest, is without merit, is frivolous or vexatious or is made only for the purpose of delay, the Commission shall inform the Minister of its opinion and where the Minister concurs in that opinion the Minister shall inform the applicant in writing of his or her opinion and notify the applicant that unless the applicant makes written representations thereon to the Minister within such time as the Minister specifies in the notice, not being less than 15 days from the time the notice is given, the provisions of this Act in respect of the consideration of the amendment shall not apply, and approval of the amendment shall be deemed to be refused.
Same
(4) Where representations are made to the Minister under subsection (3), the Minister, after giving consideration thereto, shall inform the applicant in writing either that the Minister's opinion is confirmed and that approval of the amendment is deemed to be refused or that the Minister has directed that consideration of the amendment be proceeded with in accordance with this Act.
(4) Section 7 of the Act is amended by striking out "the preparation of" in the first line and substituting "the consideration of amendments to".
(5) Section 8 of the Act is amended by striking out the portion before clause (a) and substituting the following:
Objectives
8. The objectives of the Niagara Escarpment Plan are, and the objectives to be sought in the consideration of amendments to the Plan shall be, in the Niagara Escarpment Planning Area,
. . . . .
(6) Section 10 of the Act is repealed and the following substituted:
Amendment of Plan
10. (1) During the course of the consideration of amendments to the Niagara Escarpment Plan, the Commission shall,
(a) furnish each municipality, regional municipality and county within or partly within the Niagara Escarpment Planning Area with a copy of the proposed amendments and invite it to make comments thereon within such period of time, not being more than 60 days from the time the amendments are furnished to it, as is specified;
(b) publish a notice in such newspapers having general circulation in any area that is within the Niagara Escarpment Planning Area as the Commission considers appropriate, notifying the public of the proposed amendments, indicating where a copy of the amendments, together with the material used in the preparation thereof mentioned in subsection (6), can be examined and inviting the submission of comments thereon within such period of time, not being more than 60 days from the time the notice is first published, as is specified; and
(c) furnish copies of the proposed amendments to the advisory committees appointed under section 4 and invite the committees to make comments thereon within such period of time, not being more than 60 days from the time the amendments are furnished to them, as is specified.
Extension of time
(2) The Commission may extend the time for making comments, before or after the expiration of the time, if it is of the opinion that the extension is necessary to ensure a reasonable opportunity for comments to be made.
Hearing officer
(3) If objections to the proposed amendments are received by the Commission before the expiration of the time for making comments, the Commission shall, and if no objections are received within that time the Commission may, appoint one or more hearing officers for the purpose of conducting one or more hearings within the Niagara Escarpment Planning Area or in the general proximity thereof for the purpose of receiving representations respecting the proposed amendments by any person desiring to make representations.
Notice of hearing
(4) If one or more hearing officers are appointed under subsection (3) to conduct a hearing, they shall fix the time and place for the hearing and shall publish notice thereof in such newspapers having in their opinion general circulation in any area that is within the Niagara Escarpment Planning Area as they consider appropriate.
Time of hearing
(5) The time fixed for any hearing under subsection (3) shall be not sooner than 21 days after the first publication of the notice of the hearing and not before the expiration of the time for making comments on the proposed amendments.
Procedure at hearing
(6) At a hearing under subsection (3), the persons proposing the amendments or their representatives shall present the proposed amendments and the justification therefor and shall make available for public inspection research material, reports, plans and the like that were used in the preparation of the amendments and, subject to the rules of procedure adopted by the hearing officers for the conduct of the hearing, the persons presenting the amendments and any other persons who make presentations at the hearing may be questioned on any aspect of the amendments by any interested person.
Power to summon witnesses, etc.
(7) The hearing officers appointed to conduct a hearing under subsection (3) have the powers of a commission under Part II of the Public Inquiries Act and that Part applies as if they were conducting an inquiry under that Act.
Report of hearing officers
(8) Not more than 60 days after the conclusion of any hearings conducted under subsection (3), or within such extended time as the Commission may specify, the hearing officers shall report to the Commission a summary of the representations made at the hearings together with a report stating whether the proposed amendments should be accepted, rejected or modified, giving their reasons therefor, and shall at the same time furnish the Minister with a copy of the report.
Commission recommendations
(9) After giving consideration to any comments received under subsection (1) and, if one or more hearings were conducted under subsection (3), after giving consideration to any report received under subsection (8), the Commission shall submit its recommendations on the proposed amendments to the Minister.
Inspection of report and recommendations
(10) A copy of any report made under subsection (8) and a copy of the recommendations submitted to the Minister under subsection (9) shall be made available in the office of the Minister, in the offices of the Commission, in the office of the clerk of each municipality, the whole or any part of which is within the Niagara Escarpment Planning Area, and in such other offices and locations as the Minister determines, for inspection by any person desiring to do so.
Decision of Minister
(11) After receiving the Commission's recommendations under subsection (9), the Minister may refuse the proposed amendments or may approve the proposed amendments with any modifications that he or she considers desirable, unless,
(a) in the opinion of the Minister, to do so would be inconsistent with any recommendations received under subsection (8) or (9); or
(b) the Lieutenant Governor in Council requires the Minister to submit the proposed amendments to the Lieutenant Governor in Council because the Lieutenant Governor in Council is of the opinion that the amendments could have a significant impact on the purpose or objectives of the Niagara Escarpment Plan.
Submission of amendments to L.G. in C.
(12) If amendments are not refused or approved by the Minister under subsection (11), the Minister shall submit the proposed amendments with his or her recommendations thereon to the Lieutenant Governor in Council.
Public notice
(13) If, in the opinion of the Minister, the recommendations of the Minister to the Lieutenant Governor in Council are inconsistent with any recommendations received under subsection (8), the Minister shall give public notice of his or her recommendations and the Lieutenant Governor in Council shall allow a period of at least 21 days after the giving of the notice during which representations in writing can be made by anyone concerned to the Lieutenant Governor in Council.
Decision of L.G. in C.
(14) The Lieutenant Governor in Council may refuse the proposed amendments or may approve the proposed amendments with any modifications that the Lieutenant Governor in Council considers desirable.
Effect of approval
(15) If amendments are approved by the Minister under subsection (11) or by the Lieutenant Governor in Council under subsection (14), the amendments form part of the Niagara Escarpment Plan for the Niagara Escarpment Planning Area.
(7) Section 12 of the Act is repealed.
(8) Section 17 of the Act is repealed and the following substituted:
Review of Plan
17. (1) At least once every 10 years, the Minister shall establish terms of reference for a review of the Niagara Escarpment Plan and shall cause the review to be undertaken.
Procedure
(2) Subject to subsection (3), the provisions of this Act relating to the amendment of the Plan apply with necessary modifications to the review.
Approval by L.G. in C.
(3) Any amendment to or revision of the Niagara Escarpment Plan as a result of a review under this section may be approved only by the Lieutenant Governor in Council.
(9) Subsections 24 (1), (2) and (3) of the Act are repealed and the following substituted:
Development permits
(1) Despite any other general or special Act, if an area of development control is established by regulation made under section 22, no person shall undertake any development in the area unless such development is exempt under the regulations or unless the development complies with a development permit issued under this Act.
Terms and conditions
(2) The Minister may issue development permits and may include such terms and conditions as he or she considers advisable.
Other permits
(3) No building permit, work order, certificate or licence that relates to development shall be issued, and no approval, consent, permission or other decision that is authorized or required by an Act and that relates to development shall be made, in respect of any land, building or structure within an area of development control, unless the development is exempt under the regulations or,
(a) a development permit relating to the land, building or structure has been issued under this Act; and
(b) the building permit, work order, certificate, licence, approval, consent, permission or decision is consistent with the development permit.
(10) Subsection 24 (8) of the Act is amended by striking out "the body to which the authority is delegated" in the second and third lines and substituting "the delegate".
(11) Subsection 25 (1) of the Act is repealed and the following substituted:
Delegation
(1) Subject to subsection (2), the Minister may in writing, and subject to such conditions as he or she considers appropriate, delegate authority to issue development permits to,
(a) the Commission;
(b) an officer or employee of the Commission who is designated by the Commission;
(c) a county or regional municipality having jurisdiction in the Niagara Escarpment Planning Area or any part thereof; or
(d) a city outside a county or regional municipality having jurisdiction in the Niagara Escarpment Planning Area or any part thereof.
(12) Subsections 25 (4) and (5) of the Act are repealed and the following substituted:
Delegate's power of decision
(4) Where the Minister has delegated his or her authority under subsection (1), the delegate, on receiving an application for a development permit and, after giving consideration to the merits of the application, may make a decision to issue the development permit or to refuse to issue the permit or to issue the permit subject to such terms and conditions as the delegate considers desirable.
Notification of decision
(5) The delegate to whom the Minister has delegated his or her authority under subsection (1) shall by regular or registered mail cause a copy of the decision made by the delegate on any application for a development permit to be mailed to the Minister, to the applicant for the permit and to all assessed owners of land lying within 120 metres of the land that is the subject of the application and every copy of such decision shall include a notice specifying that any person receiving a copy of the decision, other than the Minister, may, within 14 days of the mailing of it, appeal the decision by giving the Minister a written notice of appeal that specifies the reasons for the appeal.
(13) Subsection 25 (7) of the Act is amended by striking out "subsections (10), (11) and (12)" in the fourth line and substituting "subsections (10) to (14)".
(14) Section 25 of the Act is amended by adding the following subsections:
Exception
(8.1) Despite subsections (8) and (10), an officer appointed under subsection (8) may refuse to conduct or to continue a hearing if,
(a) in the opinion of the officer, the appeal does not disclose a planning justification for the appeal, is not in the public interest, is without merit, is frivolous or vexatious, or is made only for the purpose of delay;
(b) the notice of appeal did not specify the reasons for the appeal; or
(c) the person who appealed the decision has not responded to a request by the officer for further information within the time specified by the officer.
Representations
(8.2) Before refusing under subsection (8.1) to conduct or to continue a hearing, the officer shall notify the person who appealed the decision and give the person an opportunity to make representations thereon.
Same
(8.3) If an officer refuses under subsection (8.1) to conduct or to continue a hearing, the decision of the delegate shall be deemed to be confirmed.
(15) Subsection 25 (9) of the Act is amended by striking out "the Commission or of the council of the county or regional municipality or city, as the case may be, shall" in the sixth, seventh and eighth lines and substituting "the delegate shall".
(16) Section 25 of the Act is amended by adding the following subsections:
SPPA applies
(10.1) The Statutory Powers Procedure Act applies to a hearing held under subsection (10).
Failure to appear
(10.2) If the persons who appealed the decision withdraw their appeals or fail to appear at the hearing, the decision of the delegate shall be deemed to be confirmed.
(17) Subsection 25 (11) of the Act is amended by striking out "After the conclusion of the hearing" in the first line and substituting "Within 30 days after the conclusion of the hearing or within such longer period as the Minister may permit".
(18) Subsection 25 (12) of the Act is repealed and the following substituted:
Deemed confirmation
(12) The decision of the delegate shall be deemed to be confirmed if,
(a) the opinion of the officer expressed in his or her report under subsection (11) is that the decision of the delegate was correct and should not be changed; and
(b) the decision of the delegate was not appealed by a local municipality, a county or a regional municipality.
Application of subs. (12)
(13) Subsection (12) does not apply if the officer was appointed by the Lieutenant Governor in Council following a request under subsection (6).
Power of Minister
(14) If subsection (12) does not apply, the Minister, after giving consideration to the report of the officer, may confirm the decision or may vary the decision or make any other decision that in his or her opinion ought to have been made and the decision of the Minister under this section is final.
(19) The Act is amended by adding the following section:
Powers of entry
28. (1) An employee or agent of the Commission or a person designated under subsection 5 (11) may enter private property, other than a dwelling or building, without the consent of the owner or occupier and without a warrant, if,
(a) the entry is for the purpose of considering an amendment to the Niagara Escarpment Plan proposed by the owner of the property;
(b) the entry is for the purpose of a review of the Niagara Escarpment Plan under section 17 and is not inconsistent with the terms of reference established under that section for the review;
(c) the entry is for the purpose of considering an application for a development permit under this Act;
(d) the entry is for the purpose of considering or commenting on an application under any Act for a permit, order, certificate, licence, approval, consent, permission or other decision related to land use or development; or
(e) the entry is for the purpose of enforcing section 24 and the person entering the property has reasonable grounds to believe that a contravention of section 24 is causing or is likely to cause significant environmental damage and that the entry is required to prevent or reduce the damage.
Other persons
(2) A person who is authorized to enter private property under subsection (1) may be accompanied by any person possessing expert or special knowledge that is related to the purpose of the entry.
Time
(3) Subject to subsection (4), the power to enter property under subsection (1) may be exercised at any reasonable time.
Notice
(4) The power to enter property under subsection (1) shall not be exercised unless,
(a) reasonable notice of the entry has been given to the owner of the property and, if the occupier of the property is not the owner, to the occupier of the property; or
(b) the person entering the property has reasonable grounds to believe that significant environmental damage is likely to be caused during the time that would be required to give notice under clause (a).
No use of force
(5) Subsection (1) does not authorize the use of force.
Offence
(6) Any person who prevents or obstructs a person who is entitled to enter property under subsection (1) or (2) from entering the property is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
Restriction on entry
(7) Except as authorized by subsection (1) or by any other Act, an employee or agent of the Commission or a person designated under subsection 5 (11) shall not enter private property for any purpose associated with this Act without,
(a) the consent of the owner of the property and, if the occupier of the property is not the owner, the consent of the occupier of the property; or
(b) the authority of a warrant under the Provincial Offences Act.
Oil, Gas and Salt Resources Act
6. (1) The definition of "inspector" in subsection 1 (1) of the Oil, Gas and Salt Resources Act is amended by striking out "and includes a chief inspector" in the third line.
(2) The definition of "operator" in subsection 1 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 30, section 57, is repealed and the following substituted:
"
operator" means, in respect of a work,
(a) a person who has the right as lessee, sub-lessee, assignee or owner to operate the work;
(b) a person who has the control or management of the operation of the work; or
(c) if there is no person described in clause (a) or (b), the owner of the land on which the work is situated. ("exploitant")
(3) Clause 7 (3) (b) of the Act is amended by striking out "in the prescribed form" in the first line.
(4) Section 17 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 131 and 1996, chapter 30, section 68, is further amended by adding the following subsection:
Adoption by reference
(5) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, standard or guideline, as it reads at the time the regulation is made or as amended from time to time.
Public Lands Act
7. The Public Lands Act is amended by adding the following section:
Cancellation of unregistered letters patent
31.1 The Minister may make an order cancelling letters patent that have not been registered in the proper land registry office.
Commencement
Commencement
8. This Schedule comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
SCHEDULE N
AMENDMENTS PROPOSED BY THE MINISTRY OF NORTHERN DEVELOPMENT AND MINES
Mining Act
1. (1) The definition of "anniversary date" in section 1 of the Mining Act is amended by striking out "67 (2)" at the end and substituting "67 (4)".
(2) The definitions of "Minister" and "recorder" in section 1 of the Act are repealed and the following substituted:
"
Minister" means the Minister of Northern Development and Mines, except in Part IV where "Minister" means the Minister of Natural Resources; ("ministre")
"
recorder" means a provincial mining recorder appointed under section 6. ("registrateur")
(3) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule 0, section 1, and 1997, chapter 40, section 1, is further amended by adding the following subsection:
Deemed reference to Provincial Recording Office
(2) In this Act, a reference to "recorder's office" or "office of the recorder" shall be deemed to be a reference to the Provincial Recording Office.
2. (1) Section 4 of the Act is amended by adding the following subsections:
Delegation of Deputy Minister's powers and duties
(5.1) Where under this Act a power or duty is granted to or vested in the Deputy Minister, the Deputy Minister may in writing delegate that power or duty to any officer or employee of the Ministry, subject to such limitations, conditions and requirements as the Deputy Minister sets out in the delegation.
Exception
(5.2) Subsection (5.1) does not apply to the duty set out in subsection (2).
(2) Subsection 4 (6) of the Act is repealed and the following substituted:
Persons authorized to take affidavits
(6) The Minister may authorize officers or employees of the Ministry to administer oaths and to take or receive affidavits, declarations and affirmations authorized by law for the purposes of or incidental to the administration and enforcement of this Act.
Powers of authorized persons
(7) An authorized person has all the powers of a commissioner for taking affidavits under the Commissioners for taking Affidavits Act in respect of the oaths, affidavits, declarations or affirmations mentioned in subsection (6).
3. Sections 5 and 6 of the Act are repealed and the following substituted:
Appointments
5. The Minister may appoint officers or employees of the Ministry, and other persons, to exercise powers and perform duties under this Act, as specified in the appointment.
Provincial mining recorders
6. (1) The Minister may appoint as many provincial mining recorders as he or she considers advisable from among the officers or employees of the Ministry.
Jurisdiction of recorder
(2) A recorder has jurisdiction throughout Ontario.
4. Section 7 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 3, is repealed and the following substituted:
Records
7. (1) A recorder shall keep records of mining claims, applications and other entries, in the form directed by the Minister, in the Provincial Recording Office.
Maps
(2) A recorder shall keep for inspection in the Provincial Recording Office maps on which the recorder shall mark all claims as they are recorded.
5. Section 8 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 4 and amended by 1997, chapter 40, section 7, is repealed and the following substituted:
Right to inspect documents
8. Every document filed and recorded in the Provincial Recording Office may be inspected during office hours on payment of the required fee.
6. Section 9 of the Act is repealed and the following substituted:
Evidence of records
9. (1) Every copy of or extract from a recorded entry or any document filed in the Provincial Recording Office, certified by a recorder to be a true copy or extract, shall be received in any court as proof, in the absence of evidence to the contrary, of the matter certified without proof of the recorder's appointment, authority or signature.
Computer print-out, etc. admissible evidence
(2) If an entry or document under subsection (1) is recorded or filed electronically or on a magnetic medium, any copy or extract produced from the record or medium that is in readily understandable form is admissible in evidence to the same extent as the original entry or document.
Same
(3) If a record in the Provincial Recording Office is recorded electronically or on a magnetic medium and there is no original written record corresponding to it, any writing produced from the record or medium that is in readily understandable form is admissible in evidence to the same extent as the record would be if it were an original written record.
7. Section 14 of the Act is repealed.
8. Sections 15, 16 and 17 of the Act are repealed and the following substituted:
Place for filing or recording instruments
15. (1) Unless this Act or a notice under subsection (2) provides otherwise, all applications, documents and other instruments required or permitted to be filed or recorded under this Act shall be filed or recorded in the Provincial Recording Office.
Other offices
(2) The Ministry may issue notices permitting or requiring the delivery of instruments specified in the notice at offices other than the Provincial Recording Office.
Deemed filing, recording on receipt
(3) Where an instrument is filed or recorded under subsection (1) or delivered in accordance with a notice under subsection (2), the instrument shall be deemed to have been filed or recorded on receipt.
Patented mining claims, application of Acts
(4) The Land Titles Act or the Registry Act, as the case may be, applies with respect to a mining claim once the mining claim has been patented.
Posting
16. A notice, order or document to be posted under this Act shall be posted in the Provincial Recording Office and may be posted in other Ministry offices.
9. Subsection 18 (2) of the Act is repealed.
10. Subsection 19 (8) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 5, is repealed and the following substituted:
Notice of change of address
(8) A licensee or holder shall notify the recorder in writing of any change of address.
11. Section 20 of the Act is repealed and the following substituted:
Numbering of licences
20. Every prospector's licence shall be numbered.
12. Subsection 21 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Renewal of licence
(1) A licensee is entitled to a renewal of the licence if the licensee applies for the renewal in the form established by the Minister and pays the required fee within 60 days before the expiry of the licence.
13. Sections 33 and 34 of the Act are repealed and the following substituted:
Valuable water powers not included in claim
33. (1) A water power that lies within the limits of a mining claim and that is capable of producing 150 horsepower or more at low water mark in its natural condition shall not be deemed to be part of the claim for the use of the holder of the claim.
Road allowance
(2) A road allowance of 20 meters in width shall be reserved on both sides of the water, together with such additional area of land as a recorder or the Commissioner considers necessary for the development and utilization of the water power.
Surface operations near highway
34. Where a mining claim adjoins or is adjacent to a highway or road maintained by the Ministry of Transportation, no surface mining operations shall be carried out within 45 meters of the limits of the highway or road without the written consent of the Minister.
14. Subsection 35 (3) of the Act is repealed and the following substituted:
Posting and filing copy
(3) On receiving the copy of the order, the recorder shall forthwith post and file it.
15. Subsections 40 (1) and (2) of the Act are repealed and the following substituted:
Crown reservation
(1) Where a mining claim includes land covered with water or bordering on water, the surface rights over a width of no more than 120 meters from the high water mark may be reserved for the Crown.
Same
(2) Where a highway or road constructed or maintained by the Ministry of Transportation crosses a mining claim, the surface rights over a width of no more than 90 meters, measured from the outside limits of the right of way of the highway or road along both sides of the highway or road, may be reserved for the Crown.
16. Section 41 of the Act is amended by adding the following subsection:
Interest
(2.1) Where payment of the rental under any such licence is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.
17. Section 42 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 11, is repealed and the following substituted:
Staking claim in closed fire area
42. The staking of a claim in a fire area while it is closed under the Forest Fires Prevention Act is invalid and of no effect unless the person who staked the claim, on applying to have it recorded, satisfies the recorder that the person entered the fire area before it was closed or pursuant to a special authorization of the Minister.
18. (1) Subsection 44 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 12, is amended by striking out "for the mining division in which the claim has been staked out" at the end.
(2) Subsection 44 (3) of the Act is amended by striking out "registered letter mailed" in the sixth line and substituting "mail sent".
19. Section 45 of the Act is repealed.
20. Section 46 of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Recording a mining claim
46. (1) If, in the recorder's opinion, an application to record a mining claim complies with all the requirements for staking and recording the claim, the recorder shall record the claim and file it, along with the sketch or plan and certificate.
Not recording a mining claim
(2) If, in the recorder's opinion, an application to record a mining claim does not comply with all the requirements for staking and recording the claim, the recorder shall not record the claim and, in particular, the recorder shall not record a claim relating to land that is not open to staking.
Filing application
(3) If the recorder does not record a claim under subsection (2), the applicant may, on paying the required fee, require the recorder to file the application and any question involved may be determined in accordance with section 48 or 112.
Filing of application not a dispute
(4) The filing of an application under subsection (3) is not a dispute under section 48 unless the applicant complies with the requirements for filing a dispute set out in that section.
Invalidity of application
(5) An application filed under subsection (3) is invalid and of no effect 60 days after it is filed unless a dispute is filed under section 48 or an appeal is taken under section 112 or the Commissioner or recorder orders otherwise.
Cancellation of application under subs. (5)
(6) The recorder shall cancel an application that becomes invalid under subsection (5) or as a result of the determination of the dispute under section 48 or the appeal under section 112.
21. (1) Subsection 48 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is amended by striking out "an affidavit in the prescribed form" in the second and third lines and substituting "a certificate".
(2) Subsection 48 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Notice
(2) The recorder shall forthwith send a copy of the dispute, statement of claim and certificate to the recorded holder or holders of the mining claim who are affected by it.
(3) Subsections 48 (3) and (4) of the Act are repealed and the following substituted:
Address for service
(3) The dispute shall indicate the disputant's address for service in Ontario.
Sufficient service
(3.1) Any notice or document relating to the dispute is sufficiently served on the disputant if it is left with an adult at the disputant's address or sent to the disputant at that address.
Same
(4) If no address for service is given as required under subsection (3), any notice or document relating to the dispute may be served on the disputant by posting a copy of it.
(4) Subsection 48 (6) of the Act is amended by striking out "registered letter mailed" in the eleventh and twelfth lines and substituting "mail sent".
(5) Subsection 48 (9) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 13, is repealed and the following substituted:
Recording of orders against re-staked claims
(9) Where an order is made under subsection (8.1), orders, assessment work reports, instruments or other notations that have been recorded against the original claim shall be recorded in respect of the re-staked claim.
22. Subsection 50 (4) of the Act is repealed and the following substituted:
Same
(4) The holder of a licence of occupation issued under this Act or any predecessor Act is not liable to assessment or taxation for municipal or school purposes in respect to the licence except with respect to improvements for which the holder would be liable to assessment or taxation if the lands were held under a patent.
23. Subsection 54 (2) of the Act is repealed and the following substituted:
Cancellation
(2) If, after a hearing held on notice to all interested persons, the Commissioner is satisfied that the land is being used other than as mining land or for a purpose other than that of the mineral industry, he or she may make an order cancelling the claim.
Same
(3) An order cancelling a claim takes effect on being filed with the recorder.
24. Section 62 of the Act is repealed and the following substituted:
Recording to be notice
62. The recording under this Act of an instrument relating to a mining claim constitutes notice of the instrument to all persons claiming an interest in the claim after the instrument is recorded even if there is a defect in the requirements for recording.
25. Subsection 63 (2) of the Act is repealed and the following substituted:
Deemed recording
(2) If a transfer or other instrument meets all the requirements for recording, it shall be deemed to have been recorded on receipt in the proper office, even if it was not recorded immediately.
26. (1) Subsection 64 (5) of the Act is repealed and the following substituted:
Notification of continuance or vacating of certificate
(5) On receiving such an order, the recorder shall forthwith send a copy of it to every recorded holder of an interest in the mining claim.
(2) Subsection 64 (6) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Filing of certified writ with recorder
(6) A copy of a writ of seizure and sale may be filed with the recorder if it has been certified by the sheriff for the area or a bailiff of the division of the Small Claims Court to be a true copy of the writ.
(3) Subsections 64 (7), (8) and (9) of the Act are repealed and the following substituted:
Recording of writ
(7) The recorder shall record the writ on each claim held by the judgment debtor or in which the judgment debtor has an interest on being given the number or a description of the claim involved and receiving the required fee.
Effect of recording writ
(8) On being recorded on the claim, the writ binds the judgment debtor's interest in the claim and the sheriff or bailiff may treat the interest as if it were goods and chattels subject to a writ of seizure and sale.
Recording of transfer
(9) If the judgment debtor's interest in the claim is sold under subsection (8), the transfer to the purchaser may be recorded in the same manner as if the transfer had been made by the judgment debtor and the effect of such transfer is the same.
(4) Subsection 64 (10) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Certified copy, fee
(10) A certified copy of the writ of seizure and sale may be obtained from the sheriff or bailiff on payment of any required fee and the fee, together with the fee paid for recording the writ, shall be added to the judgment debt.
Keeping claim in good standing
(11) Once the writ has been recorded on a claim, the sheriff, bailiff or judgment creditor may do anything that the judgment debtor could have done to keep the claim or interest in good standing, and the cost of doing so shall be added to the judgment debt.
Discharge of writ
(12) A writ may be discharged,
(a) by recording a certificate obtained from the sheriff or bailiff indicating that the judgment debt has been satisfied;
(b) by recording a release obtained from the judgment creditor; or
(c) by filing an order obtained from the Commissioner directing the removal of the record of the writ from each claim in which the judgment debtor has an interest.
Fee for filing order
(13) Payment of the required fee under subsection (2) constitutes payment of the fee for filing any order of the Commissioner under subsection (1).
27. Subsection 65 (1) of the Act is amended by inserting "or cause to be performed" after "perform" in the third line.
28. Section 66 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1996, chapter 1, Schedule O, section 17, is further amended by adding the following subsections:
Decision
(4) The Minister shall determine the amount of assessment work credits.
No appeal
(5) A decision under subsection (4) is final and is not subject to appeal.
29. Subsections 70 (3), (5) and (6) of the Act are repealed and the following substituted:
Notice of abandonment
(3) The recorder shall record the abandonment and the date of receipt of the notice of abandonment, and forthwith post a notice of the abandonment, together with a sketch of the abandoned claim or part to be abandoned.
. . . . .
Compliance with order
(5) A mining claim holder who is affected by an order issued under subsection (4) shall notify the recorder of that fact, in writing, within the time set out in the order.
Posting of notice
(5.1) The recorder shall post the notice, with the date of its posting.
Extension of time or order for abandonment
(6) The recorder may extend the time for completing work that has not been completed within the time set out in an order under subsection (4) or order that the portion of the claim on which the work was to be done be abandoned.
Notice of order
(6.1) If the recorder makes an order of abandonment under subsection (6), he or she shall forthwith,
(a) notify the holder of the order and the reasons for it; and
(b) post the order.
30. The Act is amended by adding the following section:
Notice of cancellation
72.1 (1) The recorder shall forthwith record the words "Cancelled/Annulé" with respect to a mining claim affected by forfeiture, abandonment or loss of rights and post a notice of cancellation.
Re-staking
(2) Lands, mining rights or mining claims affected by forfeiture or a loss or rights are open for staking from 8 a.m. standard time on the day after the forfeiture or loss of rights occurs.
31. Section 73 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 20, is repealed and the following substituted:
Extension of time
73. (1) A recorder may order an extension of time for performing assessment work or filing a report on such work if an application for the extension is made within 30 days before the time for filing the report expires and the prescribed conditions for an extension are met.
When order takes effect
(2) If an order granting an extension is made, it shall be deemed to have been recorded on receipt of the application and the order takes effect at that time.
32. Subsection 75 (2) of the Act is repealed and the following substituted:
Notice
(2) A notice under subsection (1) shall be given personally or sent to the holder at the holder's address in the records of the Provincial Recording Office.
Reinspection
(2.1) If no notice, or less than seven clear days notice, is given to the holder before the inspection is carried out, the holder may apply to the recorder or the Commissioner for a reinspection within 15 days of the recording of the decision or within a further period of not more than 15 days as is allowed by the Commissioner.
Duty to grant reinspection
(2.2) If it appears that the holder has been prejudiced by the failure to give notice or to give sufficient notice, the application for a reinspection shall be granted.
33. (1) Subsection 76 (2) of the Act is amended by striking out "registered letter mailed" in the fifth and sixth lines and substituting "mail sent".
(2) Subsection 76 (4) of the Act is repealed and the following substituted:
Notice of cancellation and its effect
(4) When a claim is cancelled, the recorder shall forthwith post a notice of cancellation and, unless they have been withdrawn from prospecting or staking, the land or mining rights are open for prospecting and staking from 8 a.m. standard time on the day after the cancellation.
Effect of appeal
(4.1) Any staking carried out on land opened under subsection (4) is subject to the decision on an appeal under subsection (3).
(3) Subsection 76 (5) of the Act is amended by inserting "or any other person" after "recorder" in the fourth line.
34. Clause 78 (3) (a) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 21, is repealed and the following substituted:
(a) the holder files a certificate in the prescribed form establishing that the required notice was given.
35. (1) Clause 81 (2) (a) of the Act is repealed.
(2) Section 81 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1997, chapter 40, section 7, is further amended by adding the following subsection:
Resolution of disputes over encumbrances on mining claim
(2.1) For the purpose of expediting the issuing of a lease under this section, the Commissioner may, upon notice to all interested parties, determine any issues relating to interests or claims affecting an unpatented claim.
(3) Subsection 81 (6) of the Act is repealed and the following substituted:
Renewal of lease
(6) Subject to subsections (8), (9) and (10), a lease under this section is renewable for further terms of 21 years.
Application
(6.1) Application for a renewal shall be made in the 90-day period before the expiry of the lease or such further period as the Minister considers appropriate.
Date of renewal
(6.2) A lease that is renewed shall date from the day after the expiry of the lease.
(4) Section 81 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1997, chapter 40, section 7, is amended by adding the following subsection:
Interest
(9.1) Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.
(5) Subsection 81 (12) of the Act is amended by striking out "in red ink" at the end.
(6) Subsection 81 (17) of the Act is repealed and the following substituted:
Non-application of subs. (16)
(17) The Minister may direct that subsection (16) does not apply where the average area of each claim in a group of contiguous claims held in the name of one or more claim holders does not exceed the size prescribed for a mining claim by more than 15 per cent.
36. (1) Subsections 82 (1), (2), (3) and (4) of the Act are repealed and the following substituted:
Definition
(1) In this section, "
lease" means a lease, or the renewal of a lease, of mining rights or of surface rights, or of both mining rights and surface rights, issued under,
(a) section 47, 52 or 100 of The Mining Act, being chapter 241 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, or
(b) subsection 176 (3) of this Act, or a predecessor thereof.
Amount of rent
(2) Despite any rental that may be provided for in a lease, the annual rental for the lease is as prescribed.
Renewal of lease
(3) A lease of mining rights under clause (a) of the definition of "lease" is renewable for further terms of 10 years.
Application
(4) Application for a renewal shall be made in the 90-day period before the expiry of the lease or such further period as the Minister considers appropriate.
Date of renewal
(4.1) A lease that is renewed shall date from the day after the expiry of the lease.
Interest
(4.2) Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.
(2) Subsection 82 (7) of the Act is amended by striking out "in red ink" at the end.
37. Section 83 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 23 and 1997, chapter 40, section 7, is further amended by adding the following subsection:
Consolidation of leases
(3) The holder of two or more leases of the same tenure may apply to the Minister to consolidate them into a single lease.
38. (1) Subsections 84 (1) and (2) of the Act are repealed and the following substituted:
Lease of surface rights
(1) Upon application by a lessee or owner of mining rights or a holder of a mining licence of occupation, the Minister may lease any available surface rights inside or outside the lands covered by the lease, patent or licence of occupation required by the applicant for any purpose essential to mining or mining exploration, including for constructing a shaft or buildings or disposing of tailings or other waste material.
Application for lease of surface rights
(2) An application for a lease of surface rights shall be made in the prescribed form, contain the required fee and provide such details as the Minister requires, including,
(a) the specific purposes for which the surface rights are required;
(b) an adequate description and plan or sketch of the area where the applied for surface rights are located;
(c) the first year's rental; and
(d) proof of ownership of, or of being the holder of the licence of occupation for, the mining lands or mining rights that are the basis of the application.
(2) Section 84 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134, is further amended by adding the following subsection:
Interest
(4.1) Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.
(3) Subsection 84 (6) of the Act is amended by inserting "(9.1)" after "(9)" in the first line.
39. (1) Subsections 110 (1), (2) and (3) of the Act are repealed and the following substituted:
Disputes
(1) A recorder may hear and, subject to the right of appeal provided in section 112, determine disputes between persons with respect to unpatented mining claims.
Same
(2) If a dispute relates to whether the provisions of this Act regarding mining claims have been complied with, the recorder shall hear and determine the dispute unless,
(a) the Commissioner orders otherwise; or
(b) the Commissioner agrees to hear and determine the question pursuant to a request made by the recorder.
Note of decision
(3) The recorder shall forthwith,
(a) record a detailed note of all decisions that he or she makes; and
(b) notify all persons affected by a decision.
(2) Subsection 110 (4) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed.
(3) Subsection 110 (7) of the Act is repealed.
(4) Subsection 110 (8) of the Act is amended by striking out "registered letter, mailed" in the seventh and eighth lines and substituting "mail sent".
(5) Section 110 of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is further amended by adding the following subsection:
Application of subss. (6), (8) and (9)
(10) Subsections (6), (8) and (9) apply whether there is a dispute under this section or not.
40. Subsections 112 (3), (4) and (5) of the Act are repealed and the following substituted:
Appeal
(3) An appeal to the Commissioner shall be by notice of appeal in the prescribed form.
Service and filing of appeal
(4) The appellant shall file the notice of appeal with the Commissioner and serve it on the recorder and all other affected parties within 30 days after the recording of the decision or the doing of the other act or thing that is the subject of the appeal.
Extension of time for service
(5) If an appeal has been properly filed but service has not been effected in accordance with subsection (4) despite reasonable efforts to do so and the Commissioner is otherwise satisfied that the case is a proper one for appeal, the Commissioner may extend the time for service and may make such order for substitutional or other service as he or she considers just.
Appeal by affected person
(6) The Commissioner may allow a person other than the appellant to appeal the decision, act or thing if the person,
(a) is affected by the decision, act or thing;
(b) has not been notified as provided under section 76 or 110;
(c) has apparently suffered substantial injustice; and
(d) has not caused undue delay.
Service
(7) The notice of appeal shall indicate an address in Ontario at which the appellant may be served with any notice or document relating to the appeal.
Sufficient service
(8) A notice or document is sufficiently served on the appellant if it is left with an adult at that address or if it is sent to the appellant at that address.
Same
(9) If no address for service is given as required under subsection (7), any notice or document relating to the appeal may be served on the appellant by posting a copy of it.
41. Subsection 115 (3) of the Act is repealed and the following substituted:
Statutory Powers Procedure Act
(3) Service of the appointment by mail constitutes reasonable notice for the purpose of subsection 6 (1) of the Statutory Powers Procedure Act.
42. (1) Subsection 129 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 130 and as amended by 1996, chapter 1, Schedule O, section 24, is repealed and the following substituted:
Order sent to recorder
(4) The Commissioner shall forward a copy of each order or judgment to the recorder who shall amend the records in the Provincial Recording Office as necessary.
(2) Subsection 129 (5) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 130, is repealed and the following substituted:
Notice of amendment to records
(5) As soon as possible after amending the records in accordance with subsection (4), the recorder shall give notice in writing of the amendment of the records to the parties to the hearing before the Commissioner.
(3) Subsection 129 (7) of the Act is repealed.
43. Section 130 of the Act is repealed and the following substituted:
Final order or judgment
130. The Commissioner shall send to the parties an order or judgment of the Commissioner that finally disposes of any matter at issue.
44. (1) Subsection 134 (1) of the Act is repealed and the following substituted:
Time for appeal
(1) Except in the case of a reference under section 108 or the Arbitrations Act, an order or judgment of the Commissioner is final and conclusive unless, where an appeal may be brought, it is brought within 30 days after notice of the order or judgment is sent under section 130.
(2) Subsections 134 (2) and (3) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, are repealed and the following substituted:
Notice of appeal
(2) The appeal shall be brought by filing a notice of appeal with the Divisional Court and the appellant shall send a copy of the notice of appeal to the Commissioner, the recorder and the parties to the hearing before the Commissioner.
Transmission of documents
(3) On receiving a copy of the notice of appeal, the Commissioner shall send the order or judgment appealed from to the Divisional Court, along with the exhibits, papers and other documents filed on the hearing before the Commissioner.
(3) Subsection 134 (4) of the Act is repealed.
45. Subsection 135 (1) of the Act is repealed and the following substituted:
Judicial review
(1) No application for judicial review and no other proceeding may be brought to call into question,
(a) any decision of a recorder more than 30 days after the recording of the decision;
(b) any order or judgment of the Commissioner more than 30 days after notice of the order or judgment is sent under section 130; or
(c) the validity of anything done by a recorder or any other officer appointed under this Act more than 30 days after it was done.
Other proceedings
(1.1) Despite subsection (1), a proceeding may be brought calling into question any of the matters mentioned in subsection (1) more than 30 days after the recording, notice or other action mentioned in that subsection where this Act specifically permits the proceeding to be brought within a greater period of time.
46. The definition of "Director" in subsection 139 (1) of the Act is repealed and the following substituted:
"
Director" means a Director of Mine Rehabilitation. ("directeur")
47. Subsection 140 (2) of the Act, as it read before the re-enactment of the Statutes of Ontario, 1996, chapter 1, Schedule 0, section 26, is repealed and the following substituted:
Directors
(2) The Minister may appoint one or more officers or employees of the Ministry as Directors of Mine Rehabilitation.
48. (1) Subsection 153 (1) of the Act, as it read before the re-enactment of the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28 is amended by striking out "registered" in the fourth line.
(2) Subsection 153 (2) of the Act, as it read before the re-enactment of the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28, is amended by striking out "registered" in the first line.
49. (1) Clause 153.4 (1) (b) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28, is amended by striking out "registered".
(2) Subsection 153.4 (2) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28, is amended by striking out "registered" in the first line.
50. Sections 172 and 173 of the Act are repealed.
51. Subsection 175 (9) of the Act is amended by striking out "with the Minister and in the office of the recorder of the division in which the lands affected are situate" in the fourth, fifth, sixth and seventh lines and inserting "in the Provincial Recording Office".
52. (1) Subsection 176 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134, 1996, chapter 1, Schedule O, section 32 and 1997, chapter 40, section 5, is further amended by inserting the following paragraph:
19.1 where a rental is to be prescribed under this Act, prescribing a minimum rent or a method of calculating rent.
(2) Paragraph 21 of subsection 176 (1) of the Act is repealed and the following substituted:
21. prescribing rates of interest for the purposes of this Act.
(3) Paragraph 23 of subsection 176 (1) of the Act is repealed and the following substituted:
23. prescribing, for the purposes of section 187, the amount of tax to be paid for each hectare and prescribing a minimum tax or a method of calculating tax.
(4) Subsection 176 (3) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 32, is amended by inserting "or validate" after "issue" in the fourth line.
53. Section 177 of the Act is amended by striking out "in and through any mining division" in the tenth and eleventh lines.
54. The English version of subsection 182 (1) of the Act is amended by striking out "River Mattawa" in the fourth line and substituting "Mattawa River".
55. Subsection 183 (4) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 34, is further amended by striking out "registered letter mailed" in the ninth line and substituting "mail sent".
56. Subsection 197 (6) of the Act is amended by striking out "in red ink" at the end.
57. (1) Subsection 199 (1) of the Act is repealed and the following substituted:
Interest
(1) Where the tax is not paid within the time required under section 188, interest at the prescribed rate, compounded annually, shall be added to the tax forthwith and in each subsequent year that the tax remains unpaid, and the increased amounts are the tax due and payable under this Part.
(2) Section 199 of the Act is amended by adding the following subsection:
Reduction or waiver of interest owing
(3) The Minister may reduce or waive the amount of any interest added to taxes under subsection (1).
58. Part XIV of the Act is repealed.
Ontario Northland Transportation Commission Act
59. The French version of subsection 41 (1) of the Ontario Northland Transportation Commission Act is amended by striking out "Conseil des ministres" in the third line and substituting "Conseil exécutif".
COMMENCEMENT
Commencement
60. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE O
AMENDMENTS PROPOSED BY THE ONTARIO SECURITIES COMMISSION
Commodity Futures Act
1. The Commodity Futures Act is amended by striking out "self-regulatory body" and "self-regulatory bodies" wherever they occur and substituting in each case "self-regulatory organization" and "self-regulatory organizations", as the case may be.
2. (1) Section 1 of the Act is amended by adding the following definitions:
"
associate" where used to indicate a relationship with any person or company means,
(a) any company of which such person or company beneficially owns, directly or indirectly, voting securities carrying more than 10 per cent of the voting rights attached to all voting securities of the company for the time being outstanding,
(b) any partner of that person or company,
(c) any trust or estate in which such person or company has a substantial beneficial interest or as to which such person or company serves as trustee or in a similar capacity,
(d) any relative of that person who resides in the same home as that person,
(e) any person of the opposite sex,
(i) to whom that person is married, or
(ii) with whom that person is living in a conjugal relationship outside marriage, if the two persons,
(A) have cohabited for at least one year,
(B) are together the parents of a child, or
(C) have together entered into a cohabitation agreement under section 53 of the Family Law Act, or
(f) any relative of a person mentioned in clause (e) who has the same home as that person; ("personne qui a un lien") "
market participant" means a registrant, a person or company exempted from the requirement to be registered under this Act by a ruling of the Commission, a recognized clearing house, a registered commodity futures exchange, a recognized commodity futures exchange, a recognized self-regulatory organization, the Canadian Investor Protection Fund, the Toronto Futures Exchange Contingency Fund, the general partner of a market participant or any other person or company or member of a class of persons or companies designated by the regulations; ("participant au marché")
"
Ontario commodity futures law" means,
(a) this Act,
(b) the regulations, and
(c) in respect of a person or company, a decision of the Commission or a Director to which the person or company is subject; ("droit ontarien des contrats à terme sur marchandises") "
recognized clearing house" means a clearing house recognized by the Commission under subsection 17 (1); ("chambre de compensation reconnue")
"
recognized commodity futures exchange" means a person or company that is recognized by the Commission as a commodity futures exchange under this Act or that is exempted from the requirement to be recognized by order of the Commission; ("Bourse reconnue de contrats à terme sur marchandises")
"
recognized self-regulatory organization" means a self-regulatory organization recognized by the Commission under subsection 16 (1); ("organisme d'autoréglementation reconnu")
"
registered commodity futures exchange" means a person or company that is registered by the Commission as a commodity futures exchange under this Act; ("Bourse inscrite de contrats à terme sur marchandises")
"
rules" means,
(a) the rules made under section 66, and
(b) the orders and rulings listed in the Schedule; ("règles") "
self-regulatory organization" means a person or company that represents registrants and is organized for the purpose of regulating the operations and standards of practice and business conduct of its members and their representatives with a view to promoting the protection of investors and the public interest. ("organisme d'autoréglementation")
(2) The definition of "commodity futures exchange" in section 1 of the Act is amended by striking out "by open auction" at the end.
(3) The definitions of "decision", "Director", "Minister", "misrepresentation" and "regulations" in section 1 of the Act are repealed and the following substituted:
"
decision" means, in respect of a decision of the Commission or a Director, a direction, decision, order, ruling or other requirement made under a power or right conferred by this Act or the regulations; ("décision")
"
Director" means the Executive Director of the Commission, a Director or Deputy Director of the Commission, or a person employed by the Commission in a position designated by the Executive Director for the purpose of this definition; ("directeur")
"
Minister" means the Minister of Finance or other member of the Executive Council to whom the administration of this Act may be assigned; ("ministre")
"
misrepresentation" means,
(a) an untrue statement of material fact, or
(b) an omission to state a material fact that is required to be stated or that is necessary to make a statement not misleading in the light of the circumstances in which it was made; ("présentation inexacte des faits") "
regulations" means the regulations made under this Act and, unless the context otherwise indicates, includes the rules. ("règlements")
(4) The definition of "officer" in section 1 of the Act is amended by inserting ", or any individual acting in a similar capacity on behalf of a registrant" after "authority" at the end.
(5) The definition of "register" in section 1 of the Act is repealed.
(6) Section 1 of the Act is amended by adding the following subsection:
Same
(2) For the purposes of this Act, the regulations and the rules, any of "future-oriented financial information" and "non-redeemable investment fund" may be defined in the regulations or the rules and if so defined shall have the defined meaning.
3. The Act is amended by adding the following section:
Purposes
1.1 (1) The purposes of this Act are,
(a) to provide protection to investors from unfair, improper, or fraudulent practices; and
(b) to foster fair and efficient commodity futures markets and confidence in those markets.
Principles to consider
(2) In pursuing the purposes of this Act, the Commission shall have regard to the following fundamental principles:
1. Balancing the importance to be given to each of the purposes of this Act may be required in specific cases.
2. The primary means for achieving the purposes of this Act are,
i. requirements for timely, accurate, and efficient disclosure of information,
ii. restrictions on fraudulent and unfair market practices and procedures, and
iii. requirements for the maintenance of high standards of fitness and business conduct to ensure honest and responsible conduct by market participants.
3. Effective and responsive commodity futures regulation requires timely, open and efficient administration and enforcement of this Act by the Commission.
4. The Commission should, subject to an appropriate system of supervision, use the enforcement capability and regulatory expertise of recognized self-regulatory organizations.
5. The integration of commodity futures markets is supported and promoted by the sound and responsible harmonization and co-ordination of commodity futures regulation regimes.
6. Business and regulatory costs and other restrictions on the business and investment activities of market participants should be proportionate to the significance of the regulatory objectives sought to be realized.
4. The Act is amended by adding the following Part:
PART I.1
COMMISSION
Responsibility for administration of Act
2.1 (1) The Commission is responsible for the administration of this Act.
Eligibility to sit on hearing
(2) No member who exercises a power or performs a duty of the Commission under Part IV, except section 13, in respect of a matter under investigation or examination shall sit on a hearing by the Commission that deals with the matter, except with the written consent of the parties to the proceeding.
5. Subsection 3 (2) of the Act is amended by striking out "subsections 7 (3) and (4) apply" in the second last line and substituting "subsection 9 (1) applies".
6. The Act is amended by adding the following Part:
PART II.1
EXECUTIVE DIRECTOR AND SECRETARY
Assignment of powers and duties
3.1 (1) A quorum of the Commission may assign any of its powers and duties under this Act, except powers and duties under section 4 and Part IV, to the Executive Director or to another Director.
Same
(2) The Executive Director may assign any of his or her powers and duties to another Director, other than powers and duties assigned to the Executive Director by the Commission.
Revocation of assignment
(3) The Commission may revoke, in whole or in part, an assignment of powers and duties made under subsection (1) and the Executive Director may revoke, in whole or in part, an assignment of powers and duties made under subsection (2).
Terms and conditions
(4) An assignment under this section may be subject to such terms and conditions as are set out in the assignment.
Powers and duties of the Secretary
3.2 (1) The Secretary,
(a) may accept service of all notices and other documents on behalf of the Commission;
(b) when authorized by the Commission, may sign a decision made by the Commission as a result of a hearing;
(c) may certify under his or her hand a decision made by the Commission or a document, record or thing used in connection with a hearing by the Commission if certification is required for a purpose other than that stated in subsection 5 (3);
(d) may exercise such other powers as are vested in the Secretary by this Act or the regulations; and
(e) shall perform such duties as are imposed on the Secretary by this Act or the regulations or by the Commission.
Acting Secretary
(2) If the Secretary is absent for any reason, the Commission may designate another individual to act in the capacity of Secretary and the individual designated has all the powers and duties of the Secretary.
Certification by Secretary
(3) A certificate purporting to be signed by the Secretary is, without proof of the office or signature, admissible in evidence, so far as it is relevant, for all purposes in any action, prosecution or other proceeding.
7. Subsection 4 (1) of the Act is repealed and the following substituted:
Review of decision
(1) The Commission may within 30 days of a decision of the Director notify the Director and any person or company directly affected of its intention to convene a hearing to review the decision.
8. (1) Subsection 5 (1) of the Act is repealed and the following substituted:
Appeal
(1) A person or company directly affected by a final decision of the Commission may appeal to the Divisional Court within 30 days after the later of the making of the final decision or the issuing of the reasons for the final decision.
(2) Subsection 5 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Certification of documents
(3) The Secretary shall certify to the Divisional Court,
. . . . .
(3) Subsection 5 (4) of the Act is repealed and the following substituted:
Respondent on appeal
(4) The Commission is the respondent to an appeal under this section.
Minister
(4.1) The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section, whether or not the Minister is named as a party to the appeal.
9. Section 6 of the Act is repealed.
10. Parts IV, V, VI and VII of the Act are repealed and the following substituted:
PART IV
INVESTIGATIONS AND EXAMINATIONS
Investigation order
7. (1) The Commission may, by order, appoint one or more persons to make such investigation with respect to a matter as it considers expedient,
(a) for the due administration of Ontario commodity futures law or the regulation of the commodity futures markets in Ontario;
(b) with respect to any other matter relating to trading in contracts; or
(c) to assist in the due administration of the commodity futures laws or the regulation of trading in contracts in another jurisdiction.
Contents of order
(2) An order under this section shall describe the matter to be investigated.
Scope of investigation
(3) For the purposes of an investigation under this section, a person appointed to make the investigation may investigate and inquire into,
(a) the affairs of the person or company in respect of which the investigation is being made, including any trades, communications, negotiations, transactions, investigations, loans, borrowings or payments to, by, on behalf of, or in relation to or connected with the person or company and any property, assets or things owned, acquired or alienated in whole or in part by the person or company or by any other person or company acting on behalf of or as agent for the person or company; and
(b) the assets at any time held, the liabilities, debts, undertakings and obligations at any time existing, the financial or other conditions at any time prevailing in or in relation to or in connection with the person or company, and any relationship that may at any time exist or have existed between the person or company and any other person or company by reason of trades in contracts, investments, commissions promised, secured or paid, interests held or acquired, the loaning or borrowing of money, stock or other property, the transfer or holding of stock, interlocking directorates, common control, undue influence or control or any other relationship.
Right to examine
(4) For the purposes of an investigation under this section, a person appointed to make the investigation may examine any documents or other things, whether they are in the possession or control of the person or company in respect of which the investigation is ordered or of any other person or company.
Minister may order investigation
(5) Despite subsection (1), the Minister may, by order, appoint one or more persons to make such investigation as the Minister considers expedient,
(a) for the due administration of Ontario commodity futures law or the regulation of the commodity futures markets in Ontario;
(b) with respect to any other matter relating to trading in contracts; or
(c) to assist in the due administration of the commodity futures laws or the regulation of trading in contracts in another jurisdiction.
Same
(6) A person appointed under subsection (5) has, for the purpose of the investigation, the same authority, powers, rights and privileges as a person appointed under subsection (1).
Financial examination order
8. (1) The Commission, may, by order, appoint one or more persons to make such examination of the financial affairs of a market participant as it considers expedient,
(a) for the due administration of Ontario commodity futures law or the regulation of the commodity futures markets in Ontario;
(b) with respect to any other matter relating to trading in contracts; or
(c) to assist in the due administration of the commodity futures laws or the regulation of trading contracts in another jurisdiction.
Contents of order
(2) An order under subsection (1) shall describe the matter to be examined.
Right to examine
(3) For the purposes of an examination under this section, a person appointed to conduct the examination may examine any documents or other things, whether they are in the possession or control of the market participant or any other person or company.
Power of investigator or examiner
9. (1) A person making an investigation or examination under section 7 or 8 has the same power to summon and enforce the attendance of any person and to compel him or her to testify on oath or otherwise, and to summon and compel any person or company to produce documents and other things, as is vested in the Ontario Court (General Division) for the trial of civil actions, and the refusal of a person to attend or to answer questions or of a person or company to produce such documents or other things as are in his, her or its custody or possession makes the person or company liable to be committed for contempt by the Ontario Court (General Division) as if in breach of an order of that court.
Rights of witness
(2) A person or company giving evidence under subsection (1) may be represented by counsel and may claim any privilege to which the person or company is entitled.
Inspection
(3) A person making an investigation or examination under section 7 or 8 may, on production of the order appointing him or her, enter the business premises of any person or company named in the order during business hours and inspect any documents or other things that are used in the business of that person or company and that relate to the matters specified in the order, except those maintained by a lawyer in respect of his or her client's affairs.
Authorization to search
(4) A person making an investigation or examination under section 7 or 8 may apply to a judge of the Ontario Court (Provincial Division) in the absence of the public and without notice for an order authorizing the person or persons named in the order to enter and search any building, receptacle or place specified and to seize anything described in the authorization that is found in the building, receptacle or place and to bring it before the judge granting the authorization or another judge to be dealt with by him or her according to law.
Grounds
(5) No authorization shall be granted under subsection (4) unless the judge to whom the application is made is satisfied on information under oath that there are reasonable and probable grounds to believe that there may be in the building, receptacle or place to be searched anything that may reasonably relate to the order made under section 7 or 8.
Power to enter, search and seize
(6) A person named in an order under subsection (4) may, on production of the order, enter any building, receptacle or place specified in the order between 6 a.m. and 9 p.m., search for and seize anything specified in the order, and use as much force as is reasonably necessary for that purpose.
Expiration
(7) Every order under subsection (4) shall name the date that it expires, and the date shall be not later than 15 days after the order is granted.
Application
(8) Sections 159 and 160 of the Provincial Offences Act apply to searches and seizures under this section with such modifications as the circumstances require.
Private residence
(9) For the purpose of subsections (4), (5) and (6), "building, receptacle or place" does not include a private residence.
Copying
10. (1) Anything seized or produced under this Part shall be made available for inspection and copying by the person or company from which it was obtained, if practicable.
Return
(2) Anything seized or produced under this Part shall be returned to the person or company from which it was obtained when,
(a) retention is no longer necessary for the purposes of an investigation, examination, proceeding or prosecution; or
(b) the Commission so orders.
Report of investigation or examination
11. (1) A person appointed under subsection 7 (1) or 8 (1) shall, at the request of the Chair of the Commission or of a member of the Commission involved in making the appointment, provide a report to the Chair or member, as the case may be, or any testimony given and any documents or other things obtained under section 9.
Same
(2) A person appointed under subsection 7 (5) shall, at the request of the Chair of the Commission, provide a report to the Chair or any testimony given and any documents or other things obtained under section 9.
Report privileged
(3) A report provided under this section is privileged.
Non-disclosure
12. (1) Except in accordance with section 13, no person or company shall disclose at any time, except to his, her or its counsel,
(a) the nature or content of an order under section 7 or 8; or
(b) the name of any person examined or sought to be examined under section 9, any testimony given under section 9, any information obtained under section 9, the nature or content of any questions asked under section 9, the nature or content of any demands for the production of any document or other thing under section 9, or the fact that any document or other thing was produced under section 9.
Confidentiality
(2) Any report provided under section 11 and any testimony given or documents or other things obtained under section 9 shall be for the exclusive use of the Commission and shall not be disclosed or produced to any other person or company or in any other proceeding except in accordance with section 13.
Disclosure by Commission
13. (1) If the Commission considers that it would be in the public interest, it may make an order authorizing the disclosure to any person or company of,
(a) the nature and content of an order under section 7 or 8;
(b) the name of any person examined or sought to be examined under section 9, any testimony given under section 9, any information obtained under section 9, the nature or content of any questions asked under section 9, the nature or content of any demands for the production of any document or other thing under section 9, or the fact that any document or other thing was produced under section 9; or
(c) all or part of a report provided under section 11.
Opportunity to object
(2) No order shall be made under subsection (1) unless the Commission has, where practicable, given reasonable notice and an opportunity to be heard to,
(a) persons and companies named by the Commission; and
(b) in the case of disclosure of testimony given or information obtained under section 9, the person or company that gave the testimony or from which the information was obtained.
Disclosure to police
(3) Without the written consent of the person from whom the testimony was obtained, no order shall be made under subsection (1) authorizing the disclosure of testimony given under subsection 9 (1) to,
(a) a municipal, provincial, federal or other police force or to a member of a police force; or
(b) a person responsible for the enforcement of the criminal law of Canada or of any other country or jurisdiction.
Terms and conditions
(4) An order under subsection (1) may be subject to terms and conditions imposed by the Commission.
Disclosure by court
(5) A court having jurisdiction over a prosecution under the Provincial Offences Act initiated by the Commission may compel production to the court of any testimony given or any document or other thing obtained under section 9, and after inspecting the testimony, document or thing and providing all interested parties with an opportunity to be heard, the court may order the release of the testimony, document or thing to the defendant if the court determines that it is relevant to the prosecution, is not protected by privilege and is necessary to enable the defendant to make full answer and defence, but the making of an order under this subsection does not determine whether the testimony, document or thing is admissible in the prosecution.
Disclosure in investigation or proceeding
(6) A person appointed to make an investigation or examination under this Act may, for the purpose of conducting an examination or in connection with a proceeding commenced or proposed to be commenced by the Commission under this Act, disclose or produce anything mentioned in subsection (1).
Disclosure to police
(7) Without the written consent of the person from whom the testimony was obtained, no disclosure shall be made under subsection (6) of testimony given under subsection 9 (1) to,
(a) a municipal, provincial, federal or other police force or to a member of a police force; or
(b) a person responsible for the enforcement of the criminal law of Canada or of any other country or jurisdiction.
Prohibition on use of compelled testimony
(8) Testimony given under section 9 shall not be admitted in evidence against the person from whom the testimony was obtained in a prosecution for an offence under section 55 or in any other prosecution governed by the Provincial Offences Act.
PART V
RECORD-KEEPING AND COMPLIANCE REVIEWS
Record-keeping
14. (1) Every market participant shall keep such books, records and other documents as are necessary for the proper recording of its business transactions and financial affairs and the transactions that it executes on behalf of others and shall keep such other books, records and documents as may otherwise be required under Ontario commodity futures law.
Record of transaction
(2) Without limiting the generality of subsection (1), every registered commodity futures exchange shall keep a record of the time at which each transaction on such commodity futures exchange took place and shall supply to any client of a member of such commodity futures exchange, on production of a written confirmation of a transaction with the member, particulars of the time at which the transaction took place and verification or otherwise of the matters set forth in the written confirmation.
Provision of information to Commission
(3) Every market participant shall deliver to the Commission at such time or times as the Commission or any member, employee or agent of the Commission may require,
(a) any of the books, records and documents that are required to be kept by the market participant under Ontario commodity futures law; and
(b) except where prohibited by law, any filings, reports or other communications made to any other regulatory agency whether within or outside of Ontario.
Compliance reviews
14.1 (1) The Commission may designate in writing one or more persons to review the books, records and documents that are required to be kept by a market participant under section 14 for the purpose of determining whether Ontario commodity futures law is being complied with.
Powers of compliance reviewer
(2) A person conducting a compliance review under this section may, on production of his or her designation,
(a) enter the business premises of any market participant during business hours; and
(b) inquire into and examine the books, records and documents of the market participant that are required to be kept under section 14, and make copies of the books, records and documents.
Fees
(3) A market participant in respect of which a compliance review is conducted under this section shall pay the Commission such fees as may be prescribed by the regulations.
PART VI
SELF-REGULATION
Commodity futures exchanges
15. (1) No person or company shall carry on business as a commodity futures exchange in Ontario unless registered by the Commission under this section.
Registration
(2) The Commission shall, on the application of a person or company proposing to carry on business as a commodity futures exchange in Ontario, register the person or company if the Commission is satisfied that to do so would be in the public interest.
Same
(3) A registration under this section shall be made in writing and shall be subject to such terms and conditions as the Commission may impose.
Factors
(4) In making its decision as to whether registration under this section is in the public interest, the Commission shall take into account whether,
(a) the clearing and other arrangements made and the financial condition of the commodity futures exchange, its clearing house and its members are such as to provide reasonable assurance that all obligations arising out of contracts entered into on such commodity futures exchange will be met;
(b) the rules and regulations applicable to exchange members and clearing house members are in the public interest, are actively enforced and permit the commodity futures exchange to maintain orderly trading in its markets;
(c) trading practices are fair and properly supervised;
(d) adequate measures have been taken to prevent manipulation and excessive speculation;
(e) adequate provision has been made to record and publish details of trading including volume and open interest; and
(f) the commodity futures exchange has satisfied or can satisfy all conditions prescribed under the regulations for the conduct of the business of a commodity futures exchange.
Right to be heard
(5) The Commission shall not refuse to grant registration to a commodity futures exchange for the purposes of subsection (2) without giving the applicant an opportunity to be heard.
Filings
(6) Every registered commodity futures exchange shall file with the Commission all by-laws, rules, regulations, policies, procedures, interpretations and practices as soon as practicable and in any event within five days of the date on which the by-law, rule, regulation, policy, procedure, interpretation or practice is approved by the Board of Directors of the commodity futures exchange and prior to approval by the membership of the commodity futures exchange.
Commission's powers
(7) The Commission may, if it appears to be in the public interest, make any decision,
(a) with respect to the manner in which a registered commodity futures exchange carries on business;
(b) with respect to any by-law, rule, regulation, policy, procedure, interpretation or practice of a registered commodity futures exchange or its clearing house; or
(c) with respect to trading on or through the facilities of a registered commodity futures exchange or with respect to any contract traded on a registered commodity futures exchange, including the setting of levels of margin, daily price limits, daily trading limits and position limits.
Self-regulatory organizations
16. (1) The Commission may, on application of a self-regulatory organization, recognize the self-regulatory organization if the Commission is satisfied that to do so would be in the public interest and that the self-regulatory organization has satisfied or can satisfy all conditions with respect to self-regulatory bodies prescribed under the regulation.
Same
(2) A recognition under this section shall be made in writing and shall be subject to such terms and conditions as the Commission may impose.
Standards and conduct
(3) A recognized self-regulatory organization shall, subject to Ontario commodity futures law, regulate the operations and the standards of practice and business conduct of its members and their representatives in accordance with its by-laws, rules, regulations, policies, procedures, interpretations and practices.
Commission's powers
(4) The Commission may, if it is satisfied that to do so would be in the public interest, make any decision with respect to any by-law, rule, regulation, policy, procedure, interpretation or practice of a recognized self-regulatory organization.
Clearing houses
17. (1) The Commission may, on the application of a person or company carrying on or proposing to carry on the business of a clearing house for a commodity futures exchange registered pursuant to subsection 15 (2), recognize the clearing house, if the Commission is satisfied that to do so would be in the public interest and that the clearing house has satisfied or can satisfy all conditions with respect to clearing houses prescribed under the regulation.
Same
(2) A recognition under this section shall be made in writing and shall be subject to such terms and conditions as the Commission may impose.
Filings
(3) Every recognized clearing house shall file with the Commission copies of all constating documents, and any general agreement with its members, and copies of all by-laws, rules, regulations, procedures and policies, and any amendments thereto, relating to trading in contracts, as soon as practicable and in any event within five days of the date on which the by-law, rule, regulation, procedure or policy, or any amendment thereto, is approved by the Board of Directors of the recognized clearing house and prior to approval by its membership.
Commission's powers
(4) The Commission may, if it is satisfied that to do so would be in the public interest, make any decision,
(a) with respect to any constating document, general agreement with its members, by-law, rule, regulation, procedure, policy, interpretation or practice of a recognized clearing house; or
(b) with respect to the manner in which any recognized clearing house carries on its business.
Council, committee or ancillary body
18. (1) A registered commodity futures exchange or a recognized self-regulatory organization may, with the prior approval of the Commission and on such terms and conditions as the Commission may determine to be necessary or appropriate in the public interest, establish a council, committee or other ancillary body to which it assigns regulatory or self-regulatory powers or responsibilities or both.
Same
(2) A council, committee or ancillary body that exercises the powers or assumes the responsibilities of a registered commodity futures exchange or recognized self-regulatory organization is also included in,
(a) the registration or recognition of the registered commodity futures exchange or recognized self-regulatory organization;
(b) any suspension, restriction or termination of the registration or recognition of the registered commodity futures exchange or recognized self-regulatory organization; and
(c) any imposition of terms or conditions on the registration or recognition of the registered commodity futures exchange or recognized self-regulatory organization.
Same
(3) The provisions of Ontario commodity futures law that apply to registered commodity futures exchanges and recognized self-regulatory organizations also apply with necessary modifications to the council, committee or ancillary body.
Voluntary surrender
19. On application by a registered commodity futures exchange, recognized self-regulatory organization or recognized clearing house, the Commission may accept, on such terms and conditions as it may impose, the voluntary surrender of the registration of the commodity futures exchange, or of the recognition of the self-regulatory organization or clearing house, if the Commission is satisfied that the surrender of the registration or recognition would not be prejudicial to the public interest.
Assignment of powers and duties
20. (1) The Commission may, on such terms and conditions as it may impose, assign to a registered commodity futures exchange or recognized self-regulatory organization any of the powers and duties of the Commission under Part VIII or the regulations related to that Part.
Same
(2) The Executive Director may, with the approval of the Commission, assign to a registered commodity futures exchange or recognized self-regulatory organization any of the powers and duties of the Director under Part VIII or the regulations related to that Part.
Revocation of assignment
(3) The Commission or, with the approval of the Commission, the Executive Director may at any time revoke, in whole or in part, an assignment of powers and duties made under this section.
Contravention of Ontario commodity futures law
20.1 No by-law, rule, regulation, policy, procedure, interpretation or practice of a registered commodity futures exchange, recognized self-regulatory organization or recognized clearing house shall contravene Ontario commodity futures law, but a registered commodity futures exchange, recognized self-regulatory organization or recognized clearing house may impose additional requirements within its jurisdiction.
Review of decisions
20.2 (1) The Executive Director or a person or company directly affected by, or by the administration of, a direction, decision, order or ruling made under a by-law, rule, regulation, policy, procedure, interpretation, direction or practice of a registered commodity futures exchange, recognized self-regulatory organization or a recognized clearing house may apply to the Commission for a hearing and review of the direction, decision, order or ruling.
Procedure
(2) Section 4 applies to the hearing and review of the direction, decision, order or ruling in the same manner as it applies to a hearing and review of a decision of the Director.
Registered commodity futures exchange auditor
20.3 (1) Every registered commodity futures exchange shall appoint an auditor for the exchange.
Recognized self-regulatory organization auditor
(2) At the request of the Commission, a recognized self-regulatory organization shall appoint an auditor for the self-regulatory organization.
Auditor of member
20.4 (1) Every registered commodity futures exchange and every recognized self-regulatory organization shall cause each of its members to appoint an auditor.
Selection of auditor
(2) The auditor of a member shall be chosen from the panel of auditing firms selected under subsection (3).
Panel of auditors
(3) Every registered commodity futures exchange and every recognized self-regulatory organization shall select a panel of auditing firms for their members.
Auditor
(4) No person shall be appointed as an auditor under subsection (1) unless the person has practised as an auditor in Canada for five years or more.
Examination and report
(5) The auditor of a member shall make an examination, in accordance with generally accepted auditing standards, of the annual financial statements and regulatory filings of the member as called for by the by-laws, rules, regulations, policies, procedures, interpretations, directions or practices applicable to the member, and shall report on the financial affairs of the member to the registered commodity futures exchange or recognized self-regulatory organization, as the case may be, in accordance with professional reporting standards.
Auditor of registrant
20.5 (1) Every registered dealer and registered adviser that is not subject to section 20.4 shall appoint an auditor who satisfies such requirements as may be established by the Commission.
Examination and report
(2) The auditor of a registered dealer or registered adviser that is not subject to section 20.4 shall make an examination of the annual financial statements and other regulatory filings of the registered dealer or registered adviser, in accordance with generally accepted auditing standards, and shall prepare a report on the financial affairs of the registered dealer or registered adviser in accordance with professional reporting standards.
Filing with Commission
(3) The registered dealer or registered adviser shall file the report with the Commission together with its annual financial statements and other regulatory filings.
Delivery of financial statements
(4) A registered dealer or registered adviser that is not subject to section 20.4 shall deliver to the Commission annual audited financial statements, prepared in accordance with generally accepted accounting principles, and other regulatory filings as prescribed by the regulations, within 90 days after the end of its financial year or as otherwise prescribed by the regulations.
Certification of financial statements
(5) The annual financial statements and regulatory filings delivered to the Commission shall be certified by the registered dealer or registered adviser or an officer or partner of the registered dealer or registered adviser.
Additional information
(6) The registered dealer or registered adviser shall deliver to the Commission such other information as the Commission may require in such form as it may require.
11. (1) Subsection 22 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 1, is further amended by striking out "this Act and the regulations" in the second line of the portion following clause (b) and substituting "Ontario commodity futures law".
(2) Clause 22 (1) (b) of the Act is amended by inserting "as a representative or" before "as a partner" in the third line.
12. Section 24 of the Act is repealed and the following substituted:
Surrender
24. On application by a registrant, the Commission may accept, subject to such terms and conditions as it may impose, the voluntary surrender of the registration of the registrant if the Commission is satisfied that the financial obligations of the registrant to his, her or its clients have been discharged and the surrender of the registration would not be prejudicial to the public interest.
13. Section 29 of the Act is repealed.
14. Section 30 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 1, is repealed.
15. Clause 31 (a) of the Act is amended by inserting after "Loan and Trust Corporations Act" in the third last line "or a credit union or league to which the Credit Unions and Caisses Populaires Act, 1994 applies".
16. Part XI of the Act is repealed.
17. (1) Subsection 48 (1) of the Act is amended,
(a) by striking out "The Director" at the beginning and substituting "The Commission"\; and
(b) by inserting "or described" after "named" in the fourth line.
(2) Subsection 48 (2) of the Act is repealed and the following substituted:
Hearing
(2) The Commission shall not make an order under subsection (1) without giving the person or company affected an opportunity to be heard.
18. Subsection 54 (4) of the Act is repealed.
19. Sections 55 and 56 of the Act are repealed and the following substituted:
Offences, general
55. (1) Every person or company that,
(a) makes a statement in any material, evidence or information submitted to the Commission, a Director, any person acting under the authority of the Commission or the Executive Director or any person appointed to make an investigation or examination under this Act that, in a material respect and at the time and in the light of the circumstances under which it is made, is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading;
(b) makes a statement in any application, release, report, return, financial statement or other document required to be filed or furnished under Ontario commodity futures law that, in a material respect and at the time and in the light of the circumstances under which it is made, is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading; or
(c) contravenes Ontario commodity futures law,
is guilty of an offence and on conviction is liable to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both.
Defence
(2) Without limiting the availability of other defences, no person or company is guilty of an offence under clause (1) (a) or (b) if the person or company did not know and in the exercise of reasonable diligence could not have known that the statement was misleading or untrue or that it omitted to state a fact that was required to be stated or that was necessary to make the statement not misleading in light of the circumstances in which it was made.
Directors and officers
(3) Every director or officer of a company or of a person other than an individual who authorizes, permits or acquiesces in the commission of an offence under subsection (1) by the company or person, whether or not a charge has been laid or a finding of guilt has been made against the company or person in respect of the offence under subsection (1), is guilty of an offence and is liable on conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both.
Consent of the Commission
(4) No proceeding under this section shall be commenced except with the consent of the Commission.
Trial by provincial judge
(5) The Commission or an agent for the Commission may by notice to the clerk of the court having jurisdiction in respect of an offence under this Act require that a provincial judge preside over the proceeding.
20. Sections 59 and 60 of the Act are repealed and the following substituted:
Interim preservation of property
59. (1) If the Commission considers it expedient,
(a) for the due administration of Ontario commodity futures law or the regulation of the commodity futures markets in Ontario; or
(b) to assist in the due administration of the commodity futures laws or the regulation of the commodity futures markets in another jurisdiction,
the Commission may,
(c) direct a person or company having on deposit or under its control or for safekeeping any funds, securities or property of any person or company to retain those funds, securities or property and to hold them until the Commission in writing revokes the direction or consents to release a particular fund, security or property from the direction, or until the Ontario Court (General Division) orders otherwise; or
(d) direct a person or company holding or having under its control a contract of any person or company, to liquidate the contract and to retain the proceeds of liquidation and to hold them until the Commission in writing revokes the direction or consents to release a particular amount from the direction, or until the Ontario Court (General Division) orders otherwise.
Application
(2) A direction under subsection (1) that names a bank or other financial institution shall apply only to the branches of the bank or other financial institution identified in the direction.
Exclusions
(3) A direction under subsection (1) shall not apply to funds, securities or property in a recognized clearing house or to securities in process of transfer by a transfer agent unless the direction so states.
Certificate of pending litigation
(4) The Commission may order that a direction under subsection (1) be certified to a land registrar or mining recorder and that it be registered or recorded against the lands or claims identified in the direction, and on registration or recording of the certificate it shall have the same effect as a certificate of pending litigation.
Review by court
(5) As soon as practicable and not later than seven days after a direction is issued under subsection (1), the Commission shall apply to the Ontario Court (General Division) to continue the direction or for such other order as the court considers appropriate.
Notice
(6) A direction under subsection (1) may be made without notice but, in that event, copies of the direction shall be sent forthwith by such means as the Commission may determine to all persons and companies named in the direction.
Clarification or revocation
(7) A person or company directly affected by a direction may apply to the Commission for clarification or to have the direction varied or revoked.
Orders in the public interest
60. (1) The Commission may make one or more of the following orders if in its opinion it is in the public interest to make the order or orders:
1. An order that the registration or recognition granted to a person or company under Ontario commodity futures law be suspended or restricted for such period as is specified in the order or be terminated, or that terms and conditions be imposed on the registration or recognition.
2. An order that the acceptance of the form of a contract be revoked.
3. An order that any exemptions contained in Ontario commodity futures law do not apply to a person or company permanently or for such period as is specified in the order.
4. An order that a market participant submit to a review of his, her or its practices and procedures and institute such changes as may be ordered by the Commission.
5. If the Commission is satisfied that Ontario commodity futures law has not been complied with, an order that a release, report, return, financial statement or other document described in the order,
i. be provided by a market participant to a person or company,
ii. not be provided by a market participant to a person or company, or
iii. be amended by a market participant to the extent that amendment is practicable.
6. An order that a person or company be reprimanded.
7. An order that a person resign one or more positions that the person holds as a director or officer of an issuer.
8. An order that a person is prohibited from becoming or acting as a director or officer of any issuer.
Terms and conditions
(2) An order under this section may be subject to such terms and conditions as the Commission may impose.
Hearing requirement
(3) No order shall be made under this section without a hearing, subject to section 4 of the Statutory Powers Procedure Act.
Temporary orders
(4) Despite subsection (3), if in the opinion of the Commission the length of time required to conclude a hearing could be prejudicial to the public interest, the Commission may make a temporary order under paragraph 1, 2 or 3 of subsection (1) or subparagraph ii of paragraph 5 of subsection (1).
Period of temporary order
(5) The temporary order shall take effect immediately and shall expire on the 15th day after its making unless extended by the Commission.
Extension of temporary order
(6) The Commission may extend a temporary order until the hearing is concluded if a hearing is commenced within the 15-day period.
Same
(7) Despite subsection (6), the Commission may extend a temporary order under paragraph 2 of subsection (1) for such period as it considers necessary if satisfactory information is not provided to the Commission within the 15-day period.
Notice of temporary order
(8) The Commission shall give written notice of every temporary order made under subsection (4), together with a notice of hearing, to any person or company directly affected by the temporary order.
Payment of investigation costs
60.1 (1) If, in respect of a person or company whose affairs were the subject of an investigation, the Commission,
(a) is satisfied that the person or company has not complied with, or is not complying with, Ontario commodity futures law; or
(b) considers that the person or company has not acted in the public interest,
the Commission may, after conducting a hearing, order the person or company to pay the costs of the investigation.
Payment of hearing costs
(2) If, in respect of a person or company whose affairs were the subject of a hearing, the Commission, after conducting the hearing,
(a) is satisfied that the person or company has not complied with, or is not complying with, Ontario commodity futures law; or
(b) considers that the person or company has not acted in the public interest,
the Commission may order the person or company to pay the costs of or related to the hearing that are incurred by or on behalf of the Commission.
Payment of costs where offence
(3) Where a person or company is guilty of an offence under this Act or the regulations, the Commission may, after conducting a hearing, order the person or company to pay the costs of any investigation carried out in respect of that offence.
Costs
(4) For purposes of subsections (1), (2) and (3), the costs that the Commission may order the person or company to pay include, but are not limited to, all or any of the following,
(a) costs incurred in respect of services provided by persons appointed or engaged under sections 3, 7 or 8;
(b) costs of matters preliminary to the hearing;
(c) costs for time spent by the Commission or staff of the Commission;
(d) any fee paid to a witness; and
(e) costs of legal services provided to the Commission.
Applications to court
60.2 (1) The Commission may apply to the Ontario Court (General Division) for a declaration that a person or company has not complied with or is not complying with Ontario commodity futures law.
Prior hearing not required
(2) The Commission is not required, before making an application under subsection (1), to hold a hearing to determine whether the person or company has not complied with or is not complying with Ontario commodity futures law.
Remedial powers of court
(3) If the court makes a declaration under subsection (1), the court may, despite the imposition of any penalty under section 55 and despite any order made by the Commission under section 60, make any order that the court considers appropriate against the person or company, including, without limiting the generality of the foregoing, one or more of the following orders:
1. An order that the person or company comply with Ontario commodity futures law.
2. An order requiring the person or company to submit to a review by the Commission of his, her or its practices and procedures and to institute such changes as may be directed by the Commission.
3. An order that a release, report, return, financial statement or any other document described in the order,
i. be provided by the person or company to another person or company,
ii. not be provided by the person or company to another person or company,
iii. be amended by the person or company to the extent that amendment is practicable.
4. An order prohibiting the voting or exercise of any other right attaching to securities by the person or company.
5. An order prohibiting the person from acting as officer or director of any market participant permanently or for such period as is specified in the order.
6. An order appointing officers and directors in place of or in addition to all or any of the officers and directors of the company then in office.
7. An order requiring the person or company to produce to the court or an interested person financial statements in the form required by Ontario commodity futures law, or an accounting in such other form as the court may determine.
8. An order directing rectification of the registers or other records of the company.
9. An order requiring the person or company to compensate or make restitution to an aggrieved person or company.
10. An order requiring the person or company to pay general or punitive damages to any other person or company.
11. An order requiring the person or company to disgorge to the Minister any amounts obtained as a result of the non-compliance with Ontario commodity futures law.
12. An order requiring the person or company to rectify any past non-compliance with Ontario commodity futures law to the extent that rectification is practicable.
Interim orders
(4) On an application under this section the court may make such interim orders as it considers appropriate.
Appointment of receiver, etc.
60.3 (1) The Commission may apply to the Ontario Court (General Division) for an order appointing a receiver, receiver and manager, trustee or liquidator of all or any part of the property of any person or company.
Grounds
(2) No order shall be made under subsection (1) unless the court is satisfied that,
(a) the appointment of a receiver, receiver and manager, trustee or liquidator of all or any part of the property of the person or company is in the best interests of the creditors of the person or company or of persons or companies any of whose property is in the possession or under the control of the person or company or the security holders of or subscribers to the person or company; or
(b) it is appropriate for the due administration of Ontario commodity futures law.
Application without notice
(3) The court may make an order under subsection (1) on an application without notice, but the period of appointment shall not exceed 15 days.
Motion to continue order
(4) If an order is made without notice under subsection (3), the Commission may make a motion to the court within 15 days after the date of the order to continue the order or for the issuance of such other order as the court considers appropriate.
Powers of receiver, etc.
(5) A receiver, receiver and manager, trustee or liquidator of the property of a person or company appointed under this section shall be the receiver, receiver and manager, trustee or liquidator of all or any part of the property belonging to the person or company or held by the person or company on behalf of or in trust for any other person or company, and, if so directed by the court, the receiver, receiver and manager, trustee or liquidator has the authority to wind up or manage the business and affairs of the person or company and has all powers necessary or incidental to that authority.
Directors' powers cease
(6) If an order is made appointing a receiver, receiver and manager, trustee or liquidator of the property of a person or company under this section, the powers of the directors of the company that the receiver, receiver and manager, trustee or liquidator is authorized to exercise may not be exercised by the directors until the receiver, receiver and manager, trustee or liquidator is discharged by the court.
Fees and expenses
(7) The fees charged and expenses incurred by a receiver, receiver and manager, trustee or liquidator appointed under this section in relation to the exercise of powers pursuant to the appointment shall be in the discretion of the court.
Variation or discharge of order
(8) An order made under this section may be varied or discharged by the court on motion.
Limitation period
60.4 Except where otherwise provided in this Act, no proceeding under this Act shall be commenced later than six years from the date of the occurrence of the last event on which the proceeding is based.
21. (1) Subsection 63 (1) of the Act is amended by striking out "this Act or the regulations require" in the first and second lines and substituting "Ontario commodity futures law requires".
(2) Subsection 63 (2) of the Act is amended by striking out "this Act" in the third line and substituting "Ontario commodity futures law".
22. (1) Subsection 64 (1) of the Act is amended by striking out "this Act or a regulation" in the eighth line and substituting "Ontario commodity futures law".
(2) Subsection 64 (2) of the Act is amended by striking out "this Act, the regulations or any direction, decision, order, ruling or other regulations or other requirement made or given under this Act or the regulations" in the last four lines and substituting "Ontario commodity futures law".
23. Section 65 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 1, is repealed.
24. Section 66 of the Act is repealed.
25. Section 67 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5, is repealed.
26. The Act is amended by adding the following Part:
PART XV
RULES, REGULATIONS AND POLICIES
Rules
66. (1) The Commission may make rules in respect of the following matters:
1. Prescribing requirements in respect of applications for registration and the renewal, amendment, expiration or surrender of registration and in respect of suspension, cancellation or reinstatement of registration.
2. Prescribing categories or sub-categories of registrants, classifying registrants into categories or sub-categories and prescribing the conditions of registration or other requirements for registrants or any category or sub-category, including,
i. standards of practice and business conduct of registrants in dealing with their customers and clients and prospective customers and clients,
ii. requirements that are advisable for the prevention or regulation of conflicts of interest, and
iii. requirements in respect of membership in a self-regulatory organization.
3. Extending any requirements prescribed under paragraph 2 to unregistered directors, partners, salespersons and officers of registrants.
4. Prescribing requirements in respect of the residence in Ontario or Canada of registrants.
5. Prescribing requirements in respect of notification by a registrant or other person or company in respect of a proposed change in beneficial ownership of, or control or direction over, securities of the registrant and authorizing the Commission to make an order that a proposed change may not be effected before a decision by the Commission as to whether it will exercise its powers under paragraph 1 of subsection 60 (1) as a result of the proposed change.
6. Prescribing requirements for persons and companies in respect of calling at or telephoning to residences for the purpose of trading in any contract.
7. Prescribing requirements in respect of the disclosure or furnishing of information to the public or the Commission by market participants, or providing for exemptions from or varying the requirements under this Act in respect of the disclosure or furnishing of information to the public or the Commission by market participants.
8. Providing for exemptions from the registration requirements under this Act or for the removal of exemptions from those requirements.
9. Providing for exemptions from requirements applicable to dealers or advisers, or for the removal of exemptions from those requirements.
10. Providing for exemptions from or varying the requirements set out in Part XII.
11. Prescribing requirements in respect of the books, records and other documents required by Ontario commodity futures law to be kept by market participants, including the form in which and the period for which the books, records and other documents are to be kept.
12. Regulating recognized commodity futures exchanges, recognized self-regulatory organizations and recognized clearing houses, including, prescribing requirements in respect of the review or approval by the Commission of any by-law, rule, regulation, policy, procedure, interpretation or practice.
13. Prescribing requirements in respect of market participants, including, requirements in respect of membership in a self-regulatory organization and participation by registered dealers and registered advisers in a compensation fund.
14. Providing for exemptions from the requirement that a contract be traded on a commodity futures exchange that has been registered or recognized by the Commission under this Act or the removal of exemptions from those requirements.
15. Providing exemptions from the requirement that a commodity futures contract provide for physical delivery of the underlying interest or be traded on a commodity futures exchange.
16. Prescribing requirements in respect of the acceptance of the form of contracts, including, designating any goods, article, service, right, interest, security, financial instrument, currency, interest rate, foreign exchange rate, economic indicator, index, basket, agreement or other benchmark of any kind, and the relationship between any of the foregoing, as a commodity.
17. Regulating the trading of contracts including requiring reporting of trades and quotations.
18. Regulating trading or advising in contracts to prevent trading or advising that is fraudulent, manipulative, deceptive or unfairly detrimental to investors.
19. Designating activities, including the use of documents or advertising, in which market participants are permitted to engage or are prohibited from engaging in connection with the trading of contracts.
20. Prescribing which trading is trading outside Ontario.
21. Prescribing requirements relating to the qualification of a registrant to act as an adviser to a mutual fund, non-redeemable investment fund, commodity pool or managed futures account.
22. Prescribing requirements in respect of financial accounting, reporting and auditing for purposes of this Act, the regulations and the rules, including,
i. defining accounting principles and auditing standards acceptable to the Commission,
ii. financial reporting requirements for the preparation and dissemination of future-oriented financial information and pro forma financial statements,
iii. standards of independence and other qualifications for auditors,
iv. requirements respecting a change in auditors by a registered dealer or registered adviser, and
v. requirements respecting a change in the financial year of a market participant.
23. Requiring or respecting the media, format, preparation, form, content, execution, certification, dissemination and other use, filing and review of all documents required under or governed by this Act, the regulations or the rules and all documents determined by the regulations or the rules to be ancillary to any such documents, including,
i. applications for registration and other purposes,
ii. risk disclosure statements, and
iii. interim financial statements and financial statements.
24. Varying the form and content of any of the documents referred to in paragraph 23, including substituting a form of document and its contents for any form of document and its contents prescribed by this Act.
25. Prescribing the fees payable to the Commission, including, those for filing, for applications for registration or exemptions, for trades in contracts, in respect of audits made by the Commission and in connection with the administration of Ontario commodity futures law.
26. Respecting the designation or recognition of any person, company, market or jurisdiction if advisable for purposes of any provision of Ontario commodity futures law, including,
i. registering or recognizing commodity futures exchanges, self-regulatory organizations and clearing houses,
ii. exempting commodity futures exchanges from the need to be registered or recognized, and
iii. designating a person or company for the purpose of the definition of market participant.
27. Respecting the practice and procedure for the segregation of customers' money, securities, property, proceeds and funds, including the form and content of any agreement respecting assets in segregation.
28. Respecting the conduct of the Commission and its employees in relation to duties and responsibilities and discretionary powers under this Act, including,
i. the conduct of investigations and examinations carried out under Part IV (Investigations), and
ii. the conduct of hearings.
29. Varying the application of this Act to permit or require the use of an electronic or computer-based system for the filing, delivery or deposit of,
i. documents or information required under or governed by Ontario commodity futures law, and
ii. documents determined by the regulations or rules to be ancillary to documents required under or governed by Ontario commodity futures law.
30. Establishing requirements for and procedures in respect of the use of an electronic or computer-based system for the filing, delivery or deposit of documents or information.
31. Prescribing the circumstances in which persons or companies shall be deemed to have signed or certified documents on an electronic or computer-based system for any purpose of this Act.
32. Varying this Act to permit or require methods of filing or delivery, to or by the Commission, market participants or others of documents, information, notices, books, records, things, reports, orders, authorizations or other communications required under or governed by Ontario commodity futures law.
33. Respecting any other matter authorized by or required to implement any provision of this Act.
Regulations
(2) The Lieutenant Governor in Council may make regulations in respect of,
(a) any matter in respect of which the Commission may make rules, with necessary modifications; and
(b) any matter advisable for carrying out the purposes of this Act.
Revoking regulations
(3) Subject to the approval of the Minister, the Commission, concurrently with making a rule, may make a regulation that amends or revokes any provision of a regulation made by the Lieutenant Governor in Council under this Act or by the Commission under this subsection that in the opinion of the Commission is necessary or advisable to effectively implement the rule.
Effective date
(4) A regulation made under subsection (3) is not effective before the rule referred to in that subsection comes in force.
Retroactive
(5) Subject to subsection (4), a regulation made under subsection (3), if it so provides, is effective with reference to a period before it was filed.
Incorporation by reference
(6) A regulation or rule authorized by this section may incorporate by reference, in whole or in part, any standard, procedure or guideline and may require compliance with any standard, procedure or guideline adopted.
Classes
(7) Regulations or rules in respect of registrants, other persons or companies, contracts, trades or other matters or things may be made in respect of any class or category of registrants, other persons or companies, contracts, trades or other matters or things.
Scope
(8) A regulation or rule may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation or rule.
Exemptions
(9) A regulation or rule may authorize the Commission or the Director to grant an exemption to it.
Same
(10) An exemption or a removal of an exemption,
(a) may be granted or made in whole or in part; and
(b) may be granted or made subject to conditions or restrictions.
Existing regulations become rules
(11) The Lieutenant Governor in Council may, by order, determine at any time that any regulation or part thereof in force at that time shall thereafter be a rule.
Regulations Act does not apply
(12) The Regulations Act does not apply to the rules.
Regulations Act does apply
(13) A regulation made under subsection (3) is subject to the Regulations Act.
L.G. in C. prevails
(14) If there is a conflict or an inconsistency between a regulation made by the Lieutenant Governor in Council under this Act and a rule, the regulation prevails but in all other respects a rule has the same force and effect as a regulation.
Deemed rules
67. (1) Every order and ruling of the Commission that is listed in the Schedule shall be deemed to be a rule validly made under this Act and to have come into force on the day this section comes into force.
Amended orders or rulings
(2) For the purposes of subsection (1), a reference to an order, ruling or policy, whether or not it is referred to in the Schedule, as amended, is a reference to the order, ruling or policy as it exists on the day this section comes into force.
Publication
68. (1) The Commission shall publish in its Bulletin notice of every rule that it proposes to make under section 66.
Notice
(2) The notice must include the following:
1. The proposed rule.
2. A statement of the substance and purpose of the proposed rule.
3. A summary of the proposed rule.
4. A reference to the authority under which the rule is proposed.
5. A discussion of all alternatives to the proposed rule that were considered by the Commission and the reasons for not proposing the adoption of the alternatives considered.
6. A reference to any significant unpublished study, report or other written materials on which the Commission relies in proposing the rule.
7. A description of the anticipated costs and benefits of the proposed rule.
8. A reference to every regulation or provision in a regulation to be amended or revoked under subsection 66.
Exception
(3) The Commission does not have to make reference to written material that, in the opinion of the Commission, should be held in confidence because it discloses intimate financial, personal or other information and the desirability of avoiding disclosure of the substance of it or its existence in the interests of any person or company affected outweighs the desirability of making it or knowledge of its existence available to the public.
Representations
(4) Upon publication of a notice under subsection (1), the Commission shall invite, and shall give a reasonable opportunity to, interested persons and companies to make written representations with respect to the proposed rule within a period of at least 90 days after the publication.
Exceptions to notice requirement
(5) Publication of a notice is not required if,
(a) all persons and companies who would be subject to the proposed rule are named, the information set out in subsection (2) is sent to each of them and they and any other person or company whose interests are likely to be substantially affected by the proposed rule are given an opportunity to make written representations with respect to it;
(b) the proposed rule grants an exemption or removes a restriction and is not likely to have a substantial effect on the interests of persons or companies other than those who benefit under it;
(c) what is proposed is only an amendment that does not materially change an existing rule;
(d) the Commission,
(i) believes that there is an urgent need for the proposed rule and that, without it, there is a substantial risk of material harm to investors or to the integrity of the capital markets, and
(ii) has the approval of the Minister to make the rule without publication of notice; or
(e) the proposed rule remakes an order, ruling or policy that was deemed to be a rule by the operation of section 67 without materially changing the effect or intent of the rule.
Publication
(6) When a rule to which clause (5) (d) applies comes into force, the Commission shall publish in its Bulletin a statement setting out the substance and purpose of the rule and the nature of the urgency and the risk.
Changes to proposal
(7) If, following publication of the notice and consideration of the submissions, the Commission proposes material changes to the proposed rule, the Commission shall publish in its Bulletin notice of the proposed changes.
Notice
(8) The notice must include the following:
1. The proposed rule with the changes incorporated.
2. A concise statement of the purpose of the changes.
3. The reasons for the changes.
Representations re changes
(9) Upon publication of a notice of changes, the Commission shall invite, and shall give a reasonable opportunity to, interested persons and companies to make written representations with respect to the changes within such period as the Commission considers appropriate.
Making rule
(10) In cases where a notice and comment process is required, the Commission may make the rule only at the end of the notice and comment process and after considering all representations made as a result of that process.
Inspection of material
(11) Section 63 applies to all written representations made under this section as if they were material required to be filed.
Interpretation
(12) In this section and in section 69, "rule" includes an amendment to and a revocation of a rule.
Delivery of rules to Minister
69. (1) The Commission must deliver to the Minister a copy of every rule made by it together with the following:
1. A copy of the notices published under section 68, unless publication of notice was not required and copies of all documents referred to in the notices.
2. A summary of the representations made and other documents submitted in respect of the rule as proposed.
3. All other material information that was considered by the Commission in connection with the making of the rule.
Publication
(2) The Commission shall publish in its Bulletin every rule made by it as soon after the rule is made as practicable together with the following:
1. The date on which a rule and the material required under subsection (1) were delivered to the Minister.
2. The date the rule is to come into force if an action is not taken by the Minister under subsection (3).
3. A statement of the substance and purpose of the rule.
4. A summary of the written comments received during the comment periods if notice and comment were required.
5. A statement of the Commission setting out its response to the significant issues and concerns brought to the attention of the Commission during the comment periods.
Action by Minister
(3) Within 60 days after a rule is delivered to the Minister, the Minister may,
(a) approve the rule,
(b) reject the rule; or
(c) return it to the Commission for further consideration.
When rules effective
70. (1) A rule that is approved by the Minister comes into force 15 days after it is approved unless there is a later day specified in the rule in which case it comes into force on that later day.
Same
(2) If the Minister does not approve a rule, reject it or return it to the Commission for further consideration and a coming into force day,
(a) that is at least 75 days after the rule is delivered to the Minister is specified in the rule, the rule comes into force on the specified day;
(b) is not specified in the rule, the rule comes into force on the 75th day after the rule is delivered to the Minister; or
(c) that is within 75 days after the rule is delivered to the Minister is specified in the rule, the rule comes into force on the 75th day after the rule is delivered to the Minister.
Same
(3) A rule that is returned to the Commission for further consideration cannot come into force until it is returned by the Commission to the Minister at which time this section applies as if the rule were delivered for the first time.
Same
(4) A rule that is rejected by the Minister does not come into force.
Same
(5) A rule to which clause 68 (5) (d) (urgency provision) applies that is approved by the Minister comes into force on the day it is published in the Commission's Bulletin.
Revocation by operation of law
(6) Every rule to which clause 68 (5) (d) applies is revoked on the 275th day after it comes into force.
Publication
(7) The Commission shall publish every rule that comes into force in The Ontario Gazette and in its Bulletin.
Deemed notice
(8) Every person or company affected by a rule shall be deemed to have notice of it when it is published in the Commission's Bulletin.
Returned for consideration
71. (1) If the Minister returns a rule to the Commission for further consideration, the Minister may specify what is to be considered, the conditions that apply and the process to be followed.
Same
(2) Subject to any instruction that the Commission receives under subsection (1), the Commission shall consider any rule returned to it in the manner and following the process that it feels is appropriate.
Publication
72. The Commission shall publish in its Bulletin notice of,
(a) any action taken by the Minister under subsection 69 (3) in respect of every rule that the Commission has delivered to the Minister; and
(b) any matters specified by the Minister under subsection 71 (1) to be considered.
Studies
73. (1) The Minister may in writing require the Commission,
(a) to study and make recommendations in respect of any matter of a general nature under or affecting Ontario commodity futures law; and
(b) to consider making a rule in respect of a matter specified by the Minister.
Publication
(2) The Commission shall publish in its Bulletin notice of every requirement from the Minister made under subsection (1).
Notice
(3) The notice must include the following:
1. A statement of the substance of the requirement.
2. A reference to every unpublished study, report or other written materials provided to the Commission by the Minister other than materials that the Minister has asked the Commission to treat as confidential.
Policy
74. (1) In this Act, "policy" means a written statement of the Commission of,
(a) principles, standards, criteria or factors that relate to a decision or exercise of a discretion by the Commission or the Director under this Act, the regulations or the rules;
(b) the manner in which a provision of this Act, the regulations or the rules is interpreted or applied by the Commission or the Director;
(c) the practices generally followed by the Commission or the Director in the performance of duties and responsibilities under this Act or regulations; and
(d) something that is not of a legislative nature.
Publication
(2) The Commission shall publish in its Bulletin notice of the proposed adoption of a policy.
Notice
(3) The notice must include the following:
1. The proposed policy.
2. A statement of the purpose of the proposed policy.
3. A summary of the proposed policy.
4. A reference to any significant unpublished study, report, decision or other written materials on which the Commission relies in proposing the policy.
5. A reference to any provision of this Act, a regulation or a rule to which the proposed policy relates.
Exception
(4) The Commission does not have to make reference to written material that, in the opinion of the Commission, should be held in confidence because it discloses intimate financial, personal or other information and the desirability of avoiding disclosure of the substance of it or its existence in the interests of any person or company affected outweighs the desirability of making it or knowledge of its existence available to the public.
Representations
(5) Upon publication of the notice, the Commission shall invite, and shall give a reasonable opportunity to, interested persons and companies to make written representations with respect to the proposed policy within a period of at least 60 days after the publication.
Exceptions to notice requirement
(6) Publication of a notice is not required if the proposed policy would make no material substantive change to an existing policy.
Changes to proposal
(7) If, following publication of the notice, the Commission proposes material changes to the proposed policy, the Commission shall publish in its Bulletin,
(a) the proposed policy with the changes incorporated;
(b) a concise statement of the purpose for the changes; and
(c) the reasons for the changes.
Representations re changes
(8) Upon publication of a notice of change, the Commission shall invite, and shall give a reasonable opportunity to, interested persons and companies to make written representations with respect to the change within such period as the Commission considers appropriate.
Publication in Bulletin
(9) The Commission shall publish in its Bulletin every policy adopted by it as soon after the policy is adopted as practicable together with the following:
1. The date the policy comes into effect.
2. A statement of the substance and purpose of the policy.
3. A summary of the written comments received during the comments periods.
4. A statement of the Commission setting out its response to the significant issues and concerns brought to the attention of the Commission during the comment periods and the reasons for any changes made to the proposed policy following its publication.
Inspection of material
(10) Section 63 applies to all written representations made under this section as if they were material required to be filed.
Restriction
(11) The Commission shall not adopt a policy that, by reason of its prohibitive or mandatory character, is of a legislative nature.
Interpretation
(12) In this section, "policy" includes a change to and a rescission of a policy.
Memorandum of understanding
75. (1) The Commission must first deliver to the Minister and then publish in the Commission's Bulletin every agreement, memorandum of understanding or arrangement between the Commission and,
(a) any agency of the Government of Ontario or any agency of any other government that exercises regulatory authority under statute over transactions in contracts or markets therefor, commodities transactions or markets therefor, or financial institutions;
(b) any self-regulatory organization or clearing house; or
(c) any jurisdiction.
Minister's option
(2) The Minister may approve or reject the agreement, memorandum of understanding or arrangement within 60 days after it is published in the Bulletin.
Coming into effect
(3) If the Minister approves the agreement, memorandum of understanding or arrangement, it comes into effect on the day it is approved.
Same
(4) If the Minister does not approve or reject the agreement, memorandum of understanding or arrangement, it comes into effect on the 60th day after its publication in the Bulletin.
Same
(5) If the Minister rejects the agreement, memorandum of understanding or arrangement before it comes into effect by the operation of subsection (4) it does not come into effect.
General orders prohibited
76. The Commission shall not make any order or rulings of general application.
Review by Committee
77. (1) Within five years after this section comes into force and within each five-year period after that, the Minister shall appoint an advisory committee to review the legislation, regulations and rules relating to matters dealt with by the Commission and the legislative needs of the Commission.
Same
(2) The committee shall review the legislation, regulations and rules relating to matters dealt with by the Commission and the legislative needs of the Commission and solicit the view of the public in respect of those matters by means of a notice and comment process.
Report
(3) The committee shall prepare for the Minister a report of its review and its recommendations.
Same
(4) The Minister shall table the report in the Legislature.
Committee Review
(5) Upon the report being tabled, a select or standing committee of the Legislative Assembly shall be appointed to review the report, hear the opinions of interested persons or companies and make recommendations to the Legislative Assembly regarding amendments to this Act.
Confidential information
78. The Minister is entitled to keep confidential any information or documents received from the Commission that the Commission was entitled to keep confidential.
Revocation or variation of decision
79. (1) The Commission may, on the application of the Executive Director or a person or company affected by the decision, make an order revoking or varying a decision of the Commission if in the Commission's opinion the order would not be prejudicial to the public interest.
Terms and conditions
(2) The order may be made on such terms and conditions as the Commission may impose.
No privilege
80. (1) Despite subsection 33 (4) of the Evidence Act, the Commission may by order compel a bank or officer of a bank, in an investigation, financial examination or hearing under Ontario commodity futures law to which the bank is not a party, to produce any book or record the contents of which can be proved under section 33 of the Evidence Act or to appear as a witness to prove the matters, transactions and accounts contained in the book or record.
Definition
(2) In subsection (1), "
bank" and "officer of a bank" have the same meanings as in subsection 33 (4) of the Evidence Act.
Exemption
81. Except where exemption applications are otherwise provided for in Ontario commodity futures law, the Commission may, on the application of an interested person or company and if in the Commission's opinion it would not be prejudicial to the public interest, make an order on such terms and conditions as it may impose exempting the person or company from any requirement of Ontario commodity futures law.
Costs
82. Nothing shall preclude a court from ordering costs payable to the Commission and in the event that costs are awarded to the Commission, a counsel fee may be awarded despite the fact that the Commission was represented by Commission staff.
Decision under more than one provision
83. Nothing in this Act shall be construed as limiting the Commission's ability to make a decision under more than one provision of Ontario commodity futures law in respect of the same conduct or matter.
Enforcement of Commission decision
84. (1) On filing with the Ontario Court (General Division), a decision made by the Commission or by a Director pursuant to subsection 3.1 (1) shall be deemed to be an order of the Ontario Court (General Division) and is enforceable as an order of that court.
Filing decision
(2) A decision of a Director may not be filed with the court under subsection (1) until the time permitted for an application to review the Director's decision pursuant to subsection 4 (2) has expired or, if the decision has been appealed, the Commission has confirmed it.
Application for letters of request
85. (1) The Commission may apply to the Ontario Court (General Division) for an order,
(a) appointing a person to take the evidence of a witness outside of Ontario for use in a proceeding before the Commission; and
(b) providing for the issuance of a letter of request directed to the judicial authorities of the jurisdiction in which the witness is to be found, requesting the issuance of such process as is necessary to compel the person to attend before the person appointed under clause (a) to give testimony on oath or otherwise and to produce documents and things relevant to the subject matter of the proceeding.
Practice and procedure
(2) The practice and procedure in connection with an appointment under this section, the taking of evidence and the certifying and return of the appointment shall, as far as possible, be the same as those that govern similar matters in civil proceedings in the Ontario Court (General Division).
Admissibility of evidence
(3) The making of an order under subsection (1) does not determine whether evidence obtained pursuant to the order is admissible in the proceeding before the Commission.
Reciprocal assistance
(4) If it is made to appear to the Ontario Court (General Division) that a court or tribunal of competent jurisdiction outside of Ontario has, on behalf of a securities commission, a commodity futures commission or other body empowered by statute to administer or regulate trading in contracts, duly authorized, by commission, order or other process, the obtaining of the testimony of a witness outside the jurisdiction of the securities commission, commodity futures commission or other body, the Ontario Court (General Division) may order the examination of the witness before the person appointed in the manner and form directed by the commission, order or other process, and may, by the same or by subsequent order, command the attendance of the witness for the purpose of being examined, or the production of a writing or other document or thing mentioned in the order, and may give all such directions as to the time and place of the examination and all other matters connected with the examination as seem proper.
Exchange of information
86. Despite the Freedom of Information and Protection of Privacy Act, the Commission may provide information to and receive information from other securities or financial regulatory authorities, stock exchanges, self-regulatory bodies or organizations, law enforcement agencies and other governmental or regulatory authorities, both in Canada and elsewhere, and any information so received by the Commission shall be exempt from disclosure under that Act if the Commission determines that such information should be maintained in confidence.
SCHEDULE
In The Matter Of The Members Of The Toronto Stock Exchange And Of The Investment Dealers Association of Canada (Order)
(exempts members of the TSE and IDA from the need to segregate)
November 29, 1979
In The Matter Of The Members Of The Toronto Stock Exchange And Of The Investment Dealers Association of Canada (ordonnance)
(Dispense les membres de la B.T. et de l'ACCOVAM de l'obligation de garder les fonds à part.)
29 novembre 1979
In The Matter Of Trading In Commodity Futures Contracts And Commodity Futures Options Entered Into On Commodity Futures Exchanges Situate Outside Canada Other Than Commodity Futures Exchanges In The United States of America (Order)
(exempts trades by registered futures commission merchants in contracts o offshore exchanges from requirements of s. 33 of Act)
January 3, 1980
In The Matter Of Trading In Commodity Futures Contracts And Commodity Futures Options Entered Into On Commodity Futures Exchanges Situate Outside Canada Other Than Commodity Futures Exchanges In The United States of America (ordonnance)
(Dispense des exigences de l'art. 33 de la Loi les opérations sur contrats que les négociants-commissionnaires en contrats à terme inscrits effectuent sur des bourses étrangères.)
3 janvier 1980
In The Matter Of Trading Commodity Futures Contracts Entered Into On The Montreal Stock Exchange (Order)
(exempts trades by registered futures merchants in contracts on ME from requirements of s. 33 of Act)
August 25, 1980
In The Matter Of Trading Commodity Futures Contracts Entered Into On The Montreal Stock Exchange (ordonnance)
(Dispense des exigences de l'art. 33 de la Loi les opérations sur contrats que les négociants-commissionnaires en contrats à terme inscrits effectuent sur la B.M.)
25 août 1980
In The Matter Of The Toronto Futures Exchange (Order)
(exempts registrants from the need to provide customers with the terms and conditions of contracts)
January 10, 1984
In The Matter Of The Toronto Futures Exchange (ordonnance)
(Dispense les personnes ou compagnies inscrites de l'obligation de fournir les conditions des contrats à leurs clients.)
10 janvier 1984
In The Matter Of The Toronto Futures Exchange (Order)
(exempts TFE members from the need to segregate)
January 10, 1984
In The Matter Of The Toronto Futures Exchange (ordonnance)
(Dispense les membres de la B.C.T.T. de l'obligation de garder les fonds à part.)
10 janvier 1984
In The Matter Of The Toronto Futures Exchange (Ruling)
(exempts trades made on the floor of the TFE by floor traders from s.22)
January 10, 1984
In The Matter Of The Toronto Futures Exchange (décision)
(Soustrait à l'art. 22 les opérations que les négociateurs en Bourse effectuent sur le parquet de la B.C.T.T.)
10 janvier 1984
In The Matter Of Trading In Commodity Futures Contracts And Commodity Futures Options Entered Into On Commodity Futures Exchanges Situate Outside Canada Other Than Commodity Futures Exchanges In The United States of America (Order)
(exempts trades by registered futures commission merchants in contracts subject to rules of London Metal Exchange from s. 33 of Act)
January 26, 1984
In The Matter Of Trading In Commodity Futures Contracts And Commodity Futures Options Entered Into On Commodity Futures Exchanges Situate Outside Canada Other Than Commodity Futures Exchanges In The United States of America (ordonnance)
(Soustrait à l'art. 33 de la Loi les opérations sur contrats assujetties aux règles de la Bourse appelée London Metal Exchange qu'effectuent les négociants-commissionnaires en contrats à terme inscrits.)
26 janvier 1984
In The Matter Of Trading In Commodity Futures Contracts And Commodity Futures Options Entered Into On Commodity Futures Exchanges In The United States Of America (Order)
(exempts trades by registered dealers in contracts on contract markets designated by CFTC)
October 26, 1984
In The Matter Of Trading In Commodity Futures Contracts And Commodity Futures Options Entered Into On Commodity Futures Exchanges In The United States Of America (ordonnance)
(Prévoit une dispense à l'égard des opérations sur contrats que les courtiers inscrits effectuent sur des marchés de contrats désignés par la C.F.T.C.)
26 octobre 1984
In The Matter Of The Toronto Stock Exchange (Ruling)
(exempts traders on floor of TSE from s. 22 of Act)
April 9, 1985
In The Matter Of The Toronto Stock Exchange (décision)
(Soustrait les négociateurs en Bourse de la B.T. à l'art. 22 de la Loi.)
9 avril 1985
In The Matter Of The Toronto Stock Exchange (Ruling)
(exempts trades in Government of Canada Bond Options from s.22 of the CFA if made by Securities Act registrants)
September 16, 1985
In The Matter Of The Toronto Stock Exchange (décision)
(Soustrait à l'art. 22 de la Loi sur les contrats à terme sur marchandises les opérations sur options sur obligations du gouvernement du Canada qu'effectuent les personnes ou compagnies inscrites aux termes de la Loi sur les valeurs mobilières.)
16 septembre 1985
In The Matter Of The Toronto Stock Exchange (Order and Ruling)
(exempts trades in contracts made on the floor of the TFE by options attorneys and competitive options traders from s.22)
May 15, 1987
In The Matter Of The Toronto Stock Exchange (ordonnance et décision)
(Soustrait à l'art. 22 les opérations sur contrats qu'effectuent les délégués en bourse sur options et les négociateurs d'options indépendants sur le parquet de la B.C.T.T.)
15 mai 1987
In The Matter Of The Toronto Futures Exchange (Order and Ruling)
May 15, 1987
In The Matter Of The Toronto Futures Exchange (ordonnance et décision)
15 mai 1987
In The Matter Of Trading In Commodity Futures Contracts And Commodity Futures Options Entered Into On The Montreal Exchange (Order)
August 22, 1989
In The Matter Of Trading In Commodity Futures Contracts And Commodity Futures Options Entered Into On The Montreal Exchange (ordonnance)
22 août 1989
In The Matter Of Certain Members Of The Toronto Futures Exchange (Order) (limits the exemption from the need to segregate)
January 8, 1990
In The Matter Of Certain Members Of The Toronto Futures Exchange (ordonnance)
(Restreint la dispense de l'obligation de garder les fonds à part.)
8 janvier 1990
In The Matter Of The Toronto Stock Exchange (Ruling)
(exempts options attorneys and competitive options traders from s.22 if they trade TSE 300 contracts)
January 15, 1994
In The Matter Of The Toronto Stock Exchange (décision)
(Soustrait à l'art. 22 les délégués en bourse sur options et les négociateurs d'options indépendants qui effectuent des opérations sur contrats sur l'indice des 300 de la B.T.)
15 janvier 1994
Securities Act
27. (1) The definition of "clearing agency" in subsection 1 (1) of the Securities Act is amended,
(a) by striking out "and" in the fourth line and substituting "or"\; and
(b) by adding "or provides centralized facilities as a depository of securities, but does not include a stock exchange, a quotation and trade reporting system or a registered dealer" at the end.
(2) The definition of "distribution" in subsection 1 (1) of the Act is amended by striking out "and" at the end of clause (d), by adding "and" at the end of clause (e) and by adding the following clause:
(f) any trade that is a distribution under the regulations.
(3) The definition of "market participant" in subsection 1 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 11, section 350, is amended by adding "a recognized quotation and trade reporting system," after "recognized clearing agency" in the eighth line.
(4) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 11, section 350, 1994, chapter 33, section 1 and 1997, chapter 19, section 23, is further amended by adding the following definition:
"
offering memorandum" means a document, together with any amendments to that document, purporting to describe the business and affairs of an issuer that has been prepared primarily for delivery to and review by a prospective purchaser so as to assist the prospective purchaser to make an investment decision in respect of securities being sold in a distribution to which section 53 would apply but for the availability of one or more of the exemptions contained in Ontario securities law, but does not include a document setting out current information about an issuer for the benefit of a prospective purchaser familiar with the issuer through prior investment or business contacts. ("notice d'offre")
(5) The definition of "reporting issuer" in subsection 1 (1) of the Act is amended,
(a) by adding "provided that in the case of a securities exchange take-over bid circular, it was filed on or before January 1, 1999" at the end of clause (b); and
(b) by striking out "or" at the end of clause (d), by adding "or" at the end of clause (e) and by adding the following clause:
(f) that the Commission has deemed to be a reporting issuer under section 83.1.
(6) Clauses (m) and (n) of the definition of "security" in subsection 1 (1) of the Act are repealed and the following substituted:
(m) any income or annuity contract not issued by an insurance company,
(n) any investment contract.
(7) Clause (b) of the definition of "trade" or "trading" in subsection 1 (1) of the Act is repealed and the following substituted:
(b) any participation as a trader in any transaction in a security through the facilities of any stock exchange or quotation and trade reporting system.
28. Subsection 3.5 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 10, section 37, is amended by inserting ", except section 17," after "under Part VI" in the second and third lines.
29. Subsection 8 (1) of the Act is repealed and the following substituted:
Review of decision
(1) The Commission may within 30 days of a decision of the Director notify the Director and any person or company directly affected of its intention to convene a hearing to review the decision.
30. Section 17 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 11, section 358, is amended by adding the following subsections:
Disclosure in investigation or proceeding
(6) A person appointed to make an investigation or examination under this Act may, for the purpose of conducting an examination or in connection with a proceeding commenced or proposed to be commenced by the Commission under this Act, disclose or produce anything mentioned in subsection (1).
Disclosure to police
(7) Without the written consent of the person from whom the testimony was obtained, no disclosure shall be made under subsection (6) of testimony given under subsection 13 (1) to,
(a) a municipal, provincial, federal or other police force or to a member of a police force; or
(b) a person responsible for the enforcement of the criminal law of Canada or of any other country or jurisdiction.
31. Subsection 19 (3) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 11, section 358, is repealed and the following substituted:
Provision of information to Commission
(3) Every market participant shall deliver to the Commission at such time or times as the Commission or any member, employee or agent of the Commission may require,
(a) any of the books, records and documents that are required to be kept by the market participant under Ontario securities law; and
(b) except where prohibited by law, any filings, reports or other communications made to any other regulatory agency whether within or outside of Ontario.
32. (1) Clause 25 (1) (a) of the Act is amended by inserting "or act as an underwriter" after "trade in a security" in the first line and by adding "or" at the end.
(2) Clause 25 (1) (b) of the Act is repealed.
(3) Clause 25 (1) (c) of the Act is amended by inserting "as a representative or" before "as a partner" in the third line.
33. Subsection 26 (1) of the Act is repealed and the following substituted:
Granting of registration
(1) Unless it appears to the Director that the applicant is not suitable for registration, renewal of registration or reinstatement of registration or that the proposed registration, renewal of registration, reinstatement of registration or amendment to registration is objectionable, the Director shall grant registration, renewal of registration, reinstatement of registration or amendment to registration to an applicant.
34. Section 32 of the Act is repealed.
35. Section 33 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1994, chapter 11, section 362, is repealed.
36. (1) Subparagraph iii.1 of paragraph 3 of subsection 35 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 23, is repealed and the following substituted:
iii.1 a subsidiary of any company referred to in subparagraph i, ii, ii.1 or iii, where the company owns all of the voting shares of the subsidiary.
(2) Paragraph 4 of subsection 35 (1) of the Act is amended by striking out "other than an individual" in the third line.
(3) Paragraph 5 of subsection 35 (1) of the Act is amended by striking out "$97,000" at the end and substituting "$150,000 or such other amount as is prescribed".
(4) Paragraph 18 of subsection 35 (1) of the Act is amended by striking out "$100,000" at the end and substituting "$150,000 or such other amount as is prescribed".
(5) Paragraph 7 of subsection 35 (2) of the Act is amended by striking out "no part of the net earnings of such issuer enure to the benefit of any security holder and" in the fifth, sixth and seventh lines.
37. Subsection 38 (3) of the Act is repealed and the following substituted:
Listing
(3) Subject to the regulations, no person or company, with the intention of effecting a trade in a security, shall, except with the written permission of the Director, make any representation, written or oral, that such security will be listed on any stock exchange or quoted on any quotation and trade reporting system, or that application has been or will be made to list such security upon any stock exchange or quote such security on any quotation and trade reporting system, unless,
(a) application has been made to list or quote the securities being traded, and securities of the same issuer are currently listed on any stock exchange or quoted on any quotation and trade reporting system; or
(b) the stock exchange or quotation and trade reporting system has granted approval to the listing or quoting of the securities, conditional or otherwise, or has consented to, or indicated that it does not object to, the representation.
38. Section 42 of the Act is repealed.
39. (1) Subsection 58 (1) of the Act is amended by inserting "and subject to any waiver or variation consented to in writing by the Director," after "subsection 63 (2)" in the second line.
(2) Subsection 58 (5) of the Act is amended by inserting "or a guarantor" after "promoter" in the second line.
(3) Subsection 58 (6) of the Act is amended by inserting " or who is a guarantor of the securities being distributed" after "years" in the fourth line.
(4) Subsection 58 (7) of the Act is amended by inserting "or a guarantor" after "promoter" in the second line.
40. (1) Clause 72 (1) (d) of the Act is amended by striking out "$97,000" at the end and substituting "$150,000 or such other amount as is prescribed".
(2) Clause 72 (1) (l) of the Act is amended by striking out $100,000" at the end and substituting "$150,000 or such other amount as is prescribed".
(3) Clause 72 (1) (m) of the Act is revoked and the following substituted:
(m) the trade is made by an issuer in a security of its own issue in consideration of mining claims where the vendor enters into such escrow or pooling agreement as the Director considers necessary or where the security proposed to be issued, or the security underlying that security, is listed and posted for trading on a stock exchange recognized for the purpose of this clause by the Commission and the issuer has received, where required by the by-laws, rules or policies of that stock exchange, the consent of that stock exchange to the issuance of the security.
(4) Subsection 72 (4) of the Act is amended by striking out "other than a further trade exempted by subsection (1)" in the fourth and fifth lines and substituting "other than a further trade exempted by Ontario securities law".
(5) Subsection 72 (5) of the Act is amended by striking out "other than a further trade exempted by subsection (1)" in the sixth and seventh lines and substituting "other than a further trade exempted by Ontario securities law".
(6) Subsection 72 (6) of the Act is amended by striking out "other than a further trade exempted by subsection (1)" in the third and fourth lines and substituting "other than a further trade exempted by Ontario securities law".
(7) Clause 72 (7) (a) of the Act is amended by striking out "by subsection (1)" and substituting "by Ontario securities law".
41. (1) Section 80 of the Act, as amended by the Statutes of Ontario, 1994, chapter 33, section 4, is further amended by inserting "or other interested person or company" after "application of a reporting issuer" in the first and second lines.
(2) Clause 80 (a) of the Act is repealed.
42. Section 83 of the Act is amended by striking out "that has fewer than fifteen security holders whose latest address as shown on the books of the reporting issuer is in Ontario" in the second, third and fourth lines.
43. Part XVIII of the Act is amended by adding the following section:
Deeming an issuer to be a reporting issuer
83.1 (1) The Commission may, upon the application of,
(a) an issuer, if the Commission considers that it would not be prejudicial to the public interest; or
(b) the Director, if the Commission considers that it would be in the public interest,
make an order deeming the issuer to be a reporting issuer for the purposes of Ontario securities law.
Opportunity to be heard
(2) The Commission shall not make an order under clause (1) (b) without giving the issuer an opportunity to be heard.
44. (1) Paragraphs 2, 3 and 4 of section 95 of the Act are repealed and the following substituted:
Minimum deposit period
2. The offeror shall allow at least 35 days from the date of the bid during which securities may be deposited pursuant to the bid.
When taking up prohibited
3. No securities deposited pursuant to the bid shall be taken up by the offeror until the expiration of 35 days from the date of the bid.
Withdrawal rights
4. Securities deposited pursuant to the bid may be withdrawn by or on behalf of a depositing security holder,
i. at any time where the securities have not been taken up by the offeror,
ii. at any time before the expiration of 10 days from the date of a notice of change or variation under section 98, and
iii. if the securities have not been paid for by the offeror within three business days after having been taken up.
(2) Paragraph 10 of section 95 of the Act is repealed and the following substituted:
Same
10. Any securities that are taken up by the offeror under the bid shall be paid for by the offeror as soon as possible, and in any event not more than three business days, after the taking up of the securities.
(3) Paragraph 12 of section 95 of the Act is repealed and the following substituted:
Extension restricted
12. A bid may not be extended by the offeror, where all the terms and conditions thereof have been complied with except those waived by the offeror, unless the offeror first takes up all securities deposited thereunder and not withdrawn.
(4) Section 95 of the Act is amended by adding the following paragraph:
Same
12.1 Despite paragraph 12, if the offeror waives any terms or conditions of a bid and extends the bid in circumstances where the rights of withdrawal conferred by subparagraph ii of paragraph 4 are applicable, the bid shall be extended without the offeror first taking up the securities which are subject to such rights of withdrawal.
45. Subsection 99 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Directors' circular
(1) Where a take-over bid has been made, a directors' circular shall be prepared and delivered by the board of directors of an offeree issuer to every person and company to whom a take-over bid must be delivered under paragraph 1 of section 95 not later than 15 days after the date of the bid.
46. Section 100 of the Act is repealed and the following substituted:
Commencement of take-over bid
100. (1) A take-over bid may be commenced in accordance with either subsection (2) or subsection (7).
Commencement by delivery
(2) A take-over bid may, and an issuer bid shall, be commenced by delivering the bid to the security holders referred to in paragraph 1 of section 95 in accordance with subsection (6).
Filing and delivery to offeree issuer
(3) If a bid is commenced under subsection (2), the bid shall be filed and, in the case of a take-over bid, delivered to the offeree issuer's principal office on the same day as, or as soon as practicable after, the bid is delivered under subsection (2).
Notice of change or variation
(4) A notice of change or variation in respect of a bid shall be filed and, in the case of a take-over bid, delivered to the offeree issuer's principal office on the same day as, or as soon as practicable after, the notice of change or variation is delivered to holders of securities of the offeree issuer.
Directors' circulars
(5) Every directors' circular and every individual director's or officer's circular or any related notice of change that is delivered to security holders of an offeree issuer shall be filed and shall be delivered to the offeror's principal office on the day the directors' circular or individual director's or officer's circular or the notice of change is delivered to the holders of securities of the offeree issuer, or as soon as practicable thereafter.
Delivery and date of bid, etc.
(6) A take-over bid or issuer bid, a take-over bid circular, an issuer bid circular, a directors' circular, an individual director's or officer's circular and every notice of change or variation in any such bid or circular shall be mailed by prepaid first class mail or delivered by personal delivery or in such other manner as the Director may approve to the intended recipient and any bid, circular or notice so mailed or delivered shall be deemed to have been delivered and, subject to subsections (8) and (9), shall be deemed conclusively for the purposes of this Part and the regulations to have been dated as of the date on which it was so mailed or delivered to all or substantially all of the persons or companies entitled to receive it.
Commencing take-over bid by advertisement
(7) An offeror may commence a take-over bid by publishing an advertisement containing a brief summary of the bid in at least one major daily newspaper of general and regular paid circulation in Ontario, or by disseminating the advertisement in a prescribed manner, if,
(a) on or before the date of first publication or first dissemination of the advertisement, the offeror, or a person or company acting on its behalf, files the bid and delivers it to the offeree issuer's principal office, and files the advertisement;
(b) on or before the date of first publication or first dissemination of the advertisement, the offeror, or a person or company acting on its behalf, requests from the offeree issuer a list of the security holders referred to in paragraph 1 of section 95; and
(c) within two business days of the receipt by or on behalf of the offeror of a list of the security holders referred to in paragraph 1 of section 95, the bid is delivered to those security holders in accordance with subsection (6).
Same
(8) If a take-over bid is commenced in accordance with subsection (7), the bid shall be deemed conclusively for the purposes of this Part and the regulations to have been dated as of the date of first publication or first dissemination of the advertisement referred to in subsection (7).
Same
(9) If a take-over bid is advertised in accordance with subsection (7), and the offeror or a person or company acting on its behalf has complied with clauses (7) (a) and (b) but has not yet delivered the bid under clause (7) (c), a change or variation in the bid prior to the date on which the bid is delivered to security holders in accordance with clause (7) (c) that is advertised in a manner provided under subsection (7) shall be deemed conclusively for the purposes of this Part and the regulations to have been dated as of the date of first publication or first dissemination of the advertisement relating to the change or variation if,
(a) the advertisement contains a brief summary of the change or variation;
(b) on or before the date of first publication or first dissemination of the advertisement relating to the change or variation, the offeror, or a person or company acting on its behalf, files the notice of change or variation and delivers it to the offeree issuer's principal office, and files such advertisement; and
(c) within two business days of the receipt by or on behalf of the offeror of a list of the security holders referred to in paragraph 1 of section 95, the bid and the notice of change or variation is delivered to those security holders in accordance with subsection 98 (2) or 98 (4), as applicable, and subsection (6).
Same
(10) If an offeror, or a person or company acting on its behalf, satisfies the requirements of subsection (9), the notice of change or variation shall not be required to be filed and delivered under subsection (4).
47. Section 107 of the Act is repealed and the following substituted:
Report
107. (1) A person or company who becomes an insider of a reporting issuer, other than a mutual fund, shall, within 10 days from the day that he, she or it becomes an insider, or such shorter period as may be prescribed by the regulations, file a report as of the day on which he, she or it became an insider disclosing any direct or indirect beneficial ownership of or control or direction over securities of the reporting issuer as may be required by the regulations.
Same
(2) An insider who has filed or is required to file a report under this section or any predecessor section and whose direct or indirect beneficial ownership of or control or direction over securities of the reporting issuer changes from that shown or required to be shown in the report or in the latest report filed by the person or company under this section or any predecessor section shall, within 10 days from the day on which the change takes place, or such shorter period as may be prescribed by the regulations, file a report of direct or indirect beneficial ownership of or control or direction over securities of the reporting issuer as of the day on which the change took place and the change or changes that occurred, giving any details of each transaction as may be required by the regulations.
Same
(3) A person or company who becomes an insider of a reporting issuer by reason of subsection 1 (8) or (9) shall file the reports required by subsections (1) and (2) of this section for the previous six months or such shorter period that he or she was a director or officer of the reporting issuer within 10 days from the day that the issuer became an insider of a reporting issuer or the reporting issuer became an insider of another reporting issuer, as the case may be, or such shorter period as may be prescribed by the regulations.
48. Subsection 127 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 11, section 375, is amended by adding the following paragraphs:
7. An order that a person resign one or more positions that the person holds as a director or officer of an issuer.
8. An order that a person is prohibited from becoming or acting as a director or officer of any issuer.
49. The Act is amended by adding the following section:
Payment of investigation costs
127.1 (1) If, in respect of a person or company whose affairs were the subject of an investigation, the Commission,
(a) is satisfied that the person or company has not complied with, or is not complying with, Ontario securities law; or
(b) considers that the person or company has not acted in the public interest,
the Commission may, after conducting a hearing, order the person or company to pay the costs of the investigation.
Payment of hearing costs
(2) If, in respect of a person or company whose affairs were the subject of a hearing, the Commission, after conducting the hearing,
(a) is satisfied that the person or company has not complied with, or is not complying with, Ontario securities law; or
(b) considers that the person or company has not acted in the public interest,
the Commission may order the person or company to pay the costs of or related to the hearing that are incurred by or on behalf of the Commission.
Payment of costs where offence
(3) Where a person or company is guilty of an offence under this Act or the regulations, the Commission may, after conducting a hearing, order the person or company to pay the costs of any investigation carried out in respect of that offence.
Costs
(4) For the purposes of subsections (1), (2) and (3), the costs that the Commission may order the person or company to pay include, but are not limited to, all or any of the following:
1. Costs incurred in respect of services provided by persons appointed or engaged under section 5, 11 or 12.
2. Costs of matters preliminary to the hearing.
3. Costs for time spent by the Commission or the staff of the Commission.
4. Any fee paid to a witness.
5. Costs of legal services provided to the Commission.
50. Section 129.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 11, section 375, is repealed and the following substituted:
Limitation period
129.1 Except where otherwise provided in this Act, no proceeding under this Act shall be commenced later than six years from the date of the occurrence of the last event on which the proceeding is based.
51. The Act is amended by adding the following section:
Liability for misrepresentation in offering memorandum
130.1 (1) Where an offering memorandum contains a misrepresentation, a purchaser who purchases a security offered by the offering memorandum during the period of distribution shall be deemed to have relied on the misrepresentation if it was a misrepresentation at the time of purchase, and,
(a) the purchaser has a right of action for damages against the issuer and a selling security holder on whose behalf the distribution is made; or
(b) where the purchaser purchased the security from a person or company referred to in clause (a), the purchaser may elect to exercise a right of rescission against the person or company, in which case the purchaser shall have no right of action for damages against such person or company.
Defence
(2) No person or company is liable under subsection (1) if he, she or it proves that the purchaser purchased the securities with knowledge of the misrepresentation.
Limitation in action for damages
(3) In an action for damages pursuant to subsection (1), the defendant is not liable for all or any portion of the damages that the defendant proves do not represent the depreciation in value of the security as a result of the misrepresentation relied upon.
Joint and several liability
(4) Subject to subsection (5), all or any one or more of the persons or companies specified in subsection (1) are jointly and severally liable, and every person or company who becomes liable to make any payment under this section may recover a contribution from any person or company who, if sued separately, would have been liable to make the same payment, unless the court rules that, in all the circumstances of the case, to permit recovery of the contribution would not be just and equitable.
Same
(5) Despite subsection (4), an issuer shall not be liable where it is not receiving any proceeds from the distribution of the securities being distributed and the misrepresentation was not based on information provided by the issuer, unless the misrepresentation,
(a) was based on information that was previously publicly disclosed by the issuer;
(b) was a misrepresentation at the time of its previous public disclosure; and
(c) was not subsequently publicly corrected or superseded by the issuer prior to the completion of the distribution of the securities being distributed.
Limitation re amount recoverable
(6) In no case shall the amount recoverable under this section exceed the price at which the securities were offered.
No derogation of rights
(7) The right of action for rescission or damages conferred by this section is in addition to and without derogation from any other right the purchaser may have at law.
Application
(8) This section only applies,
(a) to an offering memorandum which has been furnished to a prospective purchaser in connection with a distribution of a security under an exemption from section 53; and
(b) in the circumstances specified in the regulations for the purposes of this section.
52. Subsection 140 (2) of the Act is amended by striking out "by this Act" in the third line and substituting "by Ontario securities law".
53. (1) Paragraph 7 of subsection 143 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 33, section 8, is amended by adding "or providing for exemptions from or varying the requirements under this Act in respect of the disclosure or furnishing of information to the public or the Commission by registrants" at the end.
(2) Paragraph 16 of subsection 143 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 33, section 8, is repealed the following substituted:
16. Varying this Act to facilitate, expedite or regulate the distribution of securities or the issuing of receipts, including by establishing,
i. requirements in respect of distributions of securities by means of a prospectus incorporating other documents by reference,
ii. requirements in respect of distributions of securities by means of a simplified or summary prospectus or other form of disclosure document,
iii. requirements in respect of distributions of securities on a continuous or delayed basis,
iv. requirements in respect of pricing of distributions of securities after the issuance of a receipt for the prospectus filed in relation thereto,
v. procedures for the issuing of receipts for prospectuses after expedited or selective review thereof,
vi. provisions for the incorporation by reference of certain documents in a prospectus and the effect, including from a liability and evidentiary perspective, of modifying or superseding statements,
vii. requirements for the form of a prospectus certificate, including providing for alternative forms in circumstances other than those referred to in subsection 63 (2) of this Act,
viii. provisions for eligibility requirements to obtain a receipt for, or distribute under, a particular form of prospectus and the loss of that eligibility, and
ix. provisions for varying withdrawal rights.
(3) Subparagraph ii of paragraph 28 of subsection 143 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 33, section 8, is amended by adding "varying the requirements of or" at the beginning.
(4) Subparagraph iii of paragraph 28 of subsection 143 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 33, section 8, is amended by striking out "section 95" and substituting "sections 95, 96, 97, 98, 99 or 100 or providing exemptions therefrom".
(5) Subparagraph iv of paragraph 28 of subsection 143 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 33, section 8, is amended by adding "varying the requirements of or" at the beginning.
(6) Paragraph 28 of subsection 143 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 33, section 8, is amended by striking out "and" at the end of subparagraph v and by adding the following subparagraphs:
vii. varying any or all of the time periods in Part XX, and
viii. prescribing manners of disseminating advertisements in accordance with subsection 100 (7).
(7) Paragraph 30 of subsection 143 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 33, section 8, is repealed and the following substituted:
30. Prescribing time periods under section 107 of the Act or varying or providing for exemptions from any requirement of Part XXI (Insider Trading and Self-Dealing).
(8) Paragraph 31 of subsection 143 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 33, section 8, is amended by striking out "and" at the end of subparagraph x, by adding "and" at the end of subparagraph xi and by adding the following subparagraph:
xii. prescribing requirements in respect of, or in relation to, promoters, advisers or persons and companies who administer or participate in the administration of the affairs of mutual funds or non-redeemable investment funds.
(9) Subsection 143 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 33, section 8 and amended by 1997, chapter 19, section 23 and 1997, chapter 43, Schedule F, section 13, is further amended by striking out "varying the application of", wherever it appears, and substituting in each case "varying" and by adding the following paragraphs:
47. Regulating scholarship plans and the distribution and trading of the securities of scholarship plans.
48. Specifying the conditions under which any particular type of trade that would not otherwise be a distribution shall be a distribution.
49. Varying this Act to permit or require methods of filing or delivery, to or by the Commission, issuers, registrants, security holders or others, of documents, information, notices, books, records, things, reports, orders, authorizations or other communications required under or governed by Ontario securities laws.
50. Providing for exemptions from or varying the requirements set out in Part XIII.
51. Prescribing amounts for the purposes of paragraphs 5 and 18 of subsection 35 (1) and clauses 72 (1) (d) and (l).
52. Providing for exemptions from or varying the requirements under this Act in respect of amendments to prospectuses or preliminary prospectuses, or prescribing circumstances under which an amendment to a preliminary prospectus or prospectus must be filed.
53. Providing for exemptions from or varying the requirements of section 62, 65 or 71.
54. Providing for exemptions from or varying the requirements of subsections 72 (4), (5), (6) and (7).
55. Specifying exemptions and circumstances that shall be subject to section 130.1.
56. Prescribing, providing for exemptions from or varying any or all of the time periods in this Act.
54. The Act is amended by adding the following section:
Exchange of information
153. Despite the Freedom of Information and Protection of Privacy Act, the Commission may provide information to and receive information from other securities or financial regulatory authorities, stock exchanges, self-regulatory bodies or organizations, law enforcement agencies and other governmental or regulatory authorities, both in Canada and elsewhere, and any information so received by the Commission shall be exempt from disclosure under that Act if the Commission determines that the information should be maintained in confidence.
Toronto Stock Exchange Act
55. (1) Clause 6 (1) (b) of the Toronto Stock Exchange Act is repealed and the following substituted:
(b) at least six public directors.
(2) Subsection 7 (4) of the Act is amended by striking out "President of the Corporation" at the end and substituting "chair of the board".
COMMENCEMENT
Commencement
56. (1) Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
Same
(2) Sections 14, 35, 44, 45 and 46 and subsection 53 (6) of this Schedule come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE P
AMENDMENTS PROPOSED BY THE MINISTRY OF THE SOLICITOR GENERAL
Coroners Act
1. Subsection 4 (2) of the Coroners Act is repealed and the following substituted:
Deputy Chief Coroners
(2) The Lieutenant Governor in Council may appoint one or more coroners to be Deputy Chief Coroners for Ontario who may act as and have all the powers and authority of the Chief Coroner during the absence of the Chief Coroner or his or her inability to act.
2. The French version of subsection 41 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "peut désigner" in the third line and substituting "désigne".
Emergency Plans Act
3. (1) The definition of "council of a municipality" in section 1 of the Emergency Plans Act is repealed.
(2) The definition of "emergency" in section 1 of the Act is amended by inserting "or an impending situation" after "situation" in the first line.
(3) The definition of "municipality" in section 1 of the Act is repealed and the following substituted:
"
municipality" means a city, town, village and township and includes a county, district and regional municipality and the County of Oxford. ("municipalité")
4. Subsection 6 (2) of the Act is amended by striking out "an Emergency Planning Co-ordinator" in the second and third lines and substituting "a Director, Emergency Measures Ontario".
5. Subsection 7 (6) of the Act is amended by striking out "a county" in the third line.
6. The French version of section 8 of the Act is amended by striking out "tenant" in the third line and substituting "liées".
7. Subsection 11 (4) of the Act is repealed and the following substituted:
Local boards included
(4) For the purposes of this section, "
municipality" includes a local board of a municipality and "member of council" includes a member of a local board.
8. Section 12 of the Act is amended by striking out "a county" in the tenth line.
9. Subsection 13 (3) of the Act is amended by striking out "and for the purposes of this subsection, "municipality" includes a county" at the end.
Ministry of the Solicitor General Act
10. Section 3 of the Ministry of the Solicitor General Act is amended by adding the following subsections:
Delegation
(3) The Solicitor General may delegate, in writing, any power or duty granted to or vested in him or her by this or any other Act to the Deputy Solicitor General or to any employee of the Ministry.
Limitations
(4) A delegation may provide that it is subject to limitations, restrictions, conditions or requirements.
Deeds and contracts executed by delegate
(5) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under a delegation made under subsection (3).
Private Investigators and Security Guards Act
11. Subsection 3 (2) of the Private Investigators and Security Guards Act is repealed and the following substituted:
Deputy registrars
(2) The Lieutenant Governor in Council may appoint one or more deputy registrars of private investigators and security guards who may act as Registrar during the absence of the Registrar or his or her inability to act.
12. The French version of clause 20 (4) (b) of the Act is amended by striking out "auquel cas nul n'est contraint" in the third and fourth lines and substituting "mais nul n'est contraint, aux termes d'une telle assignation,".
Commencement
Commencement
13. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE Q
AMENDMENTS PROPOSED BY THE MINISTRY OF TRANSPORTATION
Highway Traffic Act
1. (1) The definition of "CAVR cab card" in subsection 6 (1) of the Highway Traffic Act is repealed.
(2) Subsection 6 (1) of the Act is amended by adding the following definition:
"
IRP cab card" means a permit issued by the Ministry or another jurisdiction pursuant to the International Registration Plan. ("certificat d'immatriculation IRP")
(3) The definition of "permit" in subsection 6 (1) of the Act is repealed and the following substituted:
"
permit" means a permit issued under subsection 7 (7) consisting, except when the permit is a CAVR cab card or an IRP cab card, of a vehicle portion and a plate portion. ("certificat d'immatriculation")
(4) The definition of "permit" in subsection 6 (1) of the Act, as re-enacted by subsection (3), is repealed and the following substituted:
"
permit" means a permit issued under subsection 7 (7) consisting, except when the permit is an IRP cab card, of a vehicle portion and a plate portion. ("certificat d'immatriculation")
2. (1) Subsection 7 (3) of the Act is repealed and the following substituted:
Exemptions for cls. (1) (b, c)
(3) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is a CAVR cab card or an IRP cab card.
(2) Subsection 7 (3) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:
Exemptions for cls. (1) (b, c)
(3) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is an IRP cab card.
(3) Subsection 7 (6) of the Act is repealed and the following substituted:
Same
(6) Where a permit is a CAVR cab card or an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle.
(4) Subsection 7 (6) of the Act, as re-enacted by subsection (3), is repealed and the following substituted:
Same
(6) Where a permit is an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle.
(5) Subsection 7 (17) of the Act is repealed and the following substituted:
Minister may cancel or refuse to issue
(17) The Minister may, in his or her discretion, cancel or refuse to issue a permit, the fee for which is prorated under a reciprocity agreement or arrangement with another jurisdiction, where the owner or lessee of the vehicle has been convicted of an offence under section 24, or if, in his or her opinion, the owner or lessee of the vehicle is not entitled to reciprocity privileges under the Canadian Agreement on Vehicle Registration or the International Registration Plan.
(6) Subsection 7 (17) of the Act, as re-enacted by subsection (5), is repealed and the following substituted:
Minister may cancel or refuse to issue
(17) The Minister may, in his or her discretion, cancel or refuse to issue a permit, the fee for which is prorated under a reciprocity agreement or arrangement with another jurisdiction, where the owner or lessee of the vehicle has been convicted of an offence under section 24, or if, in his or her opinion, the owner or lessee of the vehicle is not entitled to reciprocity privileges under the International Registration Plan.
3. The Act is amended by adding the following section:
International Registration Plan
7.1 (1) The Minister may apply to have Ontario made a member of the reciprocal agreement known as the International Registration Plan.
Effect of membership in Plan
(2) If Ontario is a member of the Plan, the provisions of this Part and the regulations made under this Part are subject to the provisions of the Plan with respect to,
(a) the issuance of permits for commercial motor vehicles engaged in interprovincial or international travel; and
(b) the registration and licence fees for such vehicles, which shall be apportioned, as provided in the Plan, on the basis of the distance travelled by the vehicles within each jurisdiction that is a member of the Plan.
Exemptions
(3) If Ontario is a member of the Plan, persons who reside in or are based in another jurisdiction that is a member of the Plan are exempt, if so provided in the Plan, from the requirements of this Part and from the fees prescribed under this Part with respect to commercial motor vehicles owned or leased by such persons.
Same
(4) A person is not entitled to an exemption under subsection (3) unless the person is in compliance with the motor vehicle laws of the jurisdiction where the commercial motor vehicle owned or leased by the person is registered.
Interpretation
(5) For the purpose of subsection (3), where a person resides or is based shall be determined in accordance with the terms of the Plan.
4. Section 11 of the Act is amended by adding the following subsection:
Regulations
(5) The Lieutenant Governor in Council may make regulations,
(a) permitting the application to the Ministry under subsection (2) by electronic means, instead of on the provided form;
(b) prescribing classes of persons that may apply by electronic means and the circumstances in which they may do so.
5. (1) Subsection 12 (2) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 138, is repealed and the following substituted:
Property of the Crown
(2) Every number plate is the property of the Crown and shall be returned to the Ministry when required by the Ministry.
Same
(3) For the purpose of subsection (2), "
number plate" includes,
(a) a number plate bearing a requested number,
(b) evidence of validation,
(c) a permit,
(d) a CAVR cab card, and
(e) an IRP cab card issued by the Ministry.
(2) Subsection 12 (3) of the Act, as enacted by subsection (1), is repealed and the following substituted:
Same
(3) For the purpose of subsection (2), "
number plate" includes,
(a) a number plate bearing a requested number,
(b) evidence of validation,
(c) a permit, and
(d) an IRP cab card issued by the Ministry.
6. (1) Subsection 14 (2) of the Act is repealed and the following substituted:
Invalid cab card
(2) Where a police officer or an officer appointed under this Act has reason to believe that a CAVR cab card or an IRP cab card produced by a driver as being the permit for the vehicle,
(a) was not furnished in accordance with this Act for that motor vehicle;
(b) has been cancelled; or
(c) has been defaced or altered,
the officer may take possession of the CAVR cab card or the IRP cab card, as the case may be, and retain it until the facts have been determined.
(2) Subsection 14 (2) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:
Invalid cab card
(2) Where a police officer or an officer appointed under this Act has reason to believe that an IRP cab card produced by a driver as being the permit for the vehicle,
(a) was not furnished in accordance with this Act for that motor vehicle;
(b) has been cancelled; or
(c) has been defaced or altered,
the officer may take possession of the IRP cab card and retain it until the facts have been determined.
7. Clause 41 (1) (c) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 12, section 1, is amended by striking out "subsection 254 (5)" in the first line and substituting "section 254".
8. Subsection 50.3 (9) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 6, is amended by striking out "until it has been placed in a safe condition" in the fifth and sixth lines and substituting "until all defects prescribed under section 82 have been repaired and the vehicle is in a safe condition".
9. Subsection 55.1 (28) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8, is amended by adding the following clauses:
(e.1) prescribing a period of time during which all persons and motor vehicles are exempt from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made during that period where paragraph 2 or 3 of subsection (3) would otherwise apply;
(e.2) classifying persons and motor vehicles and exempting any class of person or motor vehicle from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made with respect to that class of person or motor vehicle where paragraph 2 or 3 of subsection (3) would otherwise apply, and prescribing conditions for any such exemption.
10. Subsection 64 (8) of the Act is repealed.
11. Subsections 70 (5) and (6) of the Act are repealed.
12. Section 82 of the Act, as amended by the Statutes of Ontario, 1997, chapter 12, section 9, is repealed and the following substituted:
Definitions
82. (1) In this section,
"
commercial motor vehicle" has the same meaning as in subsection 16 (1); ("véhicule utilitaire")
"
operator" means,
(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and
(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to the commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle. ("utilisateur")
Examination of vehicle
(2) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the driver of any motor vehicle or motor assisted bicycle to stop, move the vehicle to a safe location as directed by the police officer or officer and submit the vehicle, together with its equipment and any vehicle drawn by it, to the examinations and tests that the police officer or officer may consider expedient.
Same
(3) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the owner of a motor vehicle, motor assisted bicycle or vehicle drawn by a motor vehicle and the operator of a commercial motor vehicle to submit the vehicle, together with its equipment and, in the case of a commercial motor vehicle, any vehicle drawn by it, to the examinations and tests that the police officer or officer may consider expedient.
Requirement to bring vehicle into compliance
(4) Where any vehicle examined or tested under subsection (2) or (3), or any of its equipment, is found not to be in compliance with the requirements of this Act or the regulations, the police officer or officer making the examinations or tests may require the owner or operator of the vehicle to have the vehicle or its equipment repaired and to,
(a) submit the vehicle for further examinations and tests to satisfy a police officer or officer appointed for the purpose of carrying out the provisions of this Act that the vehicle and its equipment comply with the requirements of this Act and the regulations; or
(b) submit evidence to the person or office specified by the police officer or officer that the vehicle and its equipment comply with the requirements of this Act and the regulations.
Same
(5) Where any vehicle examined or tested under clause (4) (a), or any of its equipment, is found still not to be in compliance with the requirements of this Act or the regulations, the police officer or officer making the examinations or tests may require the owner or operator of the vehicle to have the vehicle or its equipment repaired and to submit evidence to the person or office specified by the police officer or officer that the vehicle and its equipment comply with the requirements of this Act and the regulations.
Notice required
(6) A police officer or officer appointed for the purpose of carrying out the provisions of this Act shall serve written notice in an approved form of a requirement under subsection (3), (4) or (5).
Deemed service
(7) Service of a notice under subsection (6) to the driver of the vehicle shall be deemed to be service on the owner and operator, if any, of the vehicle.
Requirement to assist
(8) The driver of a vehicle submitted for examinations and tests as required under subsection (2), (3) or (4) and any other person in charge of the vehicle who is present shall, if directed by a police officer or officer appointed for the purposes of carrying out the provisions of this Act, assist with the examinations and tests of the vehicle and of its equipment.
Offence
(9) Every person is guilty of an offence and on conviction is liable to a fine of not more than $1,000 who,
(a) refuses or fails to comply with a requirement made under subsection (2), (3), (4), (5), (8) or (12); or
(b) contravenes an order or prohibition made under subsection (12).
Same, commercial motor vehicle
(10) Despite subsection (9), every person is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000 who, in respect of a commercial motor vehicle or a vehicle drawn by a commercial motor vehicle,
(a) refuses or fails to comply with a requirement made under subsection (2), (3), (4), (5), (8) or (12); or
(b) contravenes an order or prohibition made under subsection (12).
Defence if notice not received
(11) Despite subsections (9) and (10), a person is not guilty of an offence for refusing or failing to comply with a requirement under subsection (3), (4) or (5) unless the police officer or officer appointed for the purpose of carrying out the provisions of this Act gave the person a written notice as required by subsection (6).
Use of vehicle prohibited
(12) Where any vehicle examined or tested under subsection (2), (3) or (4), or any of its equipment, is found to have a prescribed defect or to be in a dangerous or unsafe condition, with or without a prescribed defect, the police officer or officer appointed for carrying out the provisions of this Act making the examinations or tests may,
(a) require the driver, owner or operator of the vehicle to have the prescribed defect repaired and the vehicle and its equipment placed in a safe condition;
(b) order the vehicle to be removed from the highway; and
(c) prohibit the operation of the vehicle on the highway until the prescribed defect has been repaired and the vehicle and its equipment are in a safe condition.
Seizure of plates, vehicle inspection sticker
(13) Where the operation of a vehicle has been prohibited under subsection (12), the police officer or officer may,
(a) seize the number plates of the vehicle; and
(b) remove the vehicle inspection sticker, or comparable device issued by another jurisdiction, from the vehicle.
Forms
(14) The Minister may require that forms approved by the Minister be used for any of the purposes of this section.
Regulations
(15) The Lieutenant Governor in Council may make regulations,
(a) prescribing the forms and kinds of evidence that may be required under clause (4) (b) and subsection (5) and prescribing rules for submitting the evidence to the person or office specified;
(b) prescribing the methods and rules for service of notices required to be served under this section;
(c) prescribing types of defects for the purposes of subsection (12);
(d) classifying persons and vehicles, exempting any class of person or class of vehicle from any requirement or provision of this section or of any regulation made under this section and prescribing conditions for any such exemption and prescribing different requirements for different classes of persons or vehicles.
13. (1) Subsection 82.1 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 10, is amended by striking out "subsections 82 (2) and (5)" in the eighth line and substituting "section 82".
(2) Subsection 82.1 (27) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 10, is amended by striking out "until it has been placed in a safe condition" in the fourth and fifth lines and substituting "until all defects prescribed under section 82 have been repaired and the vehicle is in a safe condition".
14. The Act is amended by adding the following Part:
PART X.3
OFF-ROAD VEHICLES
Off-road vehicles on highways regulated by regulations, by-laws
191.8 (1) No person shall drive an off-road vehicle on a highway except in accordance with the regulations and any applicable municipal by-laws.
Regulations
(2) The Lieutenant Governor in Council may make regulations,
(a) classifying off-road vehicles and drivers;
(b) permitting and regulating the operation of any class of off-road vehicle on any highway, any class of highway or any part or parts of such highway, and permitting any class of driver to drive an off-road vehicle on any highway, any class of highway or any part or parts of such highway, and prescribing conditions for any such permission;
(c) exempting the class of off-road vehicle or of driver that is the subject of a regulation under clause (b) from any requirement in Part II, IV, VI, IX or X of this Act or in any regulation made under those Parts, and prescribing conditions for any such exemption.
Municipal by-laws
(3) The council of a municipality may pass by-laws,
(a) permitting the operation of off-road vehicles with three or more wheels and low pressure bearing tires on any highway within the municipality that is under the jurisdiction of the municipality, or on any part or parts of such highway;
(b) prescribing a lower rate of speed for off-road vehicles with three or more wheels and low pressure bearing tires than that prescribed for off-road vehicles by regulation on any highway within the municipality that is under its jurisdiction, or on any part or parts of such highway, including prescribing different rates of speed for different highways or parts of highways.
By-laws may regulate times of operation
(4) A by-law passed under subsection (3) may permit the operation of off-road vehicles with three or more wheels and low pressure bearing tires on any highway or on any part or parts of a highway only during specified months or hours.
Definitions
(5) In this section, "
low pressure bearing tire" means a wide, balloon-type tire with a rounded cross section and no distinct shoulder area and that is designed to operate with inflation pressures of no greater than 70 kpa (10 psi); ("pneu basse pression")
"
municipality" means a city, town, village, township, regional municipality, district municipality, county and the County of Oxford; ("municipalité")
"
off-road vehicle" means an off-road vehicle within the meaning of the Off-Road Vehicles Act. ("véhicule tout terrain")
15. Section 226 of the Act is repealed.
Off-Road Vehicles Act
16. Subsection 2 (2) of the Off-Road Vehicles Act, as amended by the Statutes of Ontario, 1997, chapter 41, section 123, is further amended by striking out "Despite subsection (1), and section 7, subsection 32 (1) and subsections 62 (1), (3) to (26) and (28) to (32) of the Highway Traffic Act" at the beginning and substituting "Despite subsection (1), and despite section 7, subsections 32 (1), 62 (1), (3) to (26) and (28) to (32) and section 191.8 of the Highway Traffic Act".
Commencement
Commencement
17. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE R
MISCELLANEOUS STATUTE CORRECTIONS
1. (1) The French version of section 2 of the Archives Act is amended by striking out "Conseil des ministres" in the fifth line and substituting "Conseil exécutif".
(2) The French version of clause 8 (d) of the Act is amended by striking out "Conseil des ministres" in the fourth line and substituting "Conseil exécutif".
Commencement
2. This Schedule comes into force on the day that the Red Tape Reduction Act, 1998 (No. 2) receives Royal Assent.
EXPLANATORY NOTE
The Bill is part of the government's initiative to reduce red tape.
The Bill amends or repeals a number of Acts and enacts three new Acts. For convenience, the amendments, repeals and new Acts are set out in separate Schedules. The commencement provisions for each of the Schedules are set out at or near the end of the Schedules.
Schedule A
Amendments and Repeals proposed by the Ministry of Agriculture, Food and Rural Affairs
The Schedule amends or repeals certain Acts administered by the Ministry of Agriculture, Food and Rural Affairs. The main changes that the Schedule makes are as follows:
AgriCorp Act, 1996
AgriCorp may by by-law establish committees whose members can include persons who are not members of AgriCorp.
Bees Act
A certificate of registration under the Act expires on the date specified in the certificate. If the Provincial Apiarist sends a renewal notice to an applicant for the renewal of a certificate of registration, the applicant is required to file the application within 60 days of receiving the notice.
Crop Insurance Act (Ontario), 1996
The Schedule amends the Act to make the Agriculture, Food and Rural Affairs Appeal Tribunal the appeal board that was previously mentioned in section 10 of the Act for disputes between AgriCorp and persons with respect to contracts of insurance.
Farm Implements Act
The Ontario Farm Implements Board is dissolved. The Schedule transfers its administrative and policy making functions to a Director appointed by the Minister of Agriculture, Food and Rural Affairs and its adjudicative functions to the Agriculture, Food and Rural Affairs Appeal Tribunal. The rights and obligations of a purchaser of a farm implement under the Act are extended to a lessee under a lease financing agreement.
Ministry of Agriculture, Food and Rural Affairs Act
The Schedule changes the name of the Farm Products Appeal Tribunal to the Agriculture, Food and Rural Affairs Appeal Tribunal and changes the composition requirements of the Tribunal and its panels. The Schedule also makes consequential amendments relating to the change of the Tribunal's name to the other Acts affected by the Schedule.
Repeals
The Schedule repeals the Artificial Insemination of Livestock Act and the Stock Yards Act.
Schedule B
Amendments proposed by the Ministry of the Attorney General
Section 1. Section 5.1 of the Charities Accounting Act is rewritten to clarify the Attorney General's authority to make regulations on the keeping of records about charitable property, and to improve readability.
Subsection 2 (1). Subsection 1 (2.1) of the Commissioners for taking Affidavits Act is rewritten to correct an error.
Subsection 2 (2). Section 2 of the Act is rewritten to enable clerks of the Family Court (General Division) and of the Ontario Court (Provincial Division) to act as commissioners for taking affidavits.
Section 3. Subsection 62 (3) of the Construction Lien Act deals with the deemed confirmation of masters' reports, but differs slightly from rule 54.09 (Rules of Civil Procedure) which deals with the same matter. The subsection is repealed to make practice uniform.
Subsection 4 (1). Subsection 89 (3.1) of the Courts of Justice Act is amended to correct an error.
Subsection 4 (2). The French version of subsection 90 (1) of the Act is amended to correct an error.
Subsection 4 (3). Subsection 134 (2) of the Act authorizes the court to make interim orders pending an appeal. This is rewritten to include the situation where leave to appeal is sought but has not yet been granted.
Subsection 4 (4). Section 143.1 of the Act is repealed. The section, which forbids the garnishment of money paid under the Family Benefits Act or the General Welfare Assistance Act, will no longer be needed when the Ontario Works Act, 1997 and the Ontario Disability Support Program Act, 1997 are fully implemented.
Section 5. Section 9 of the Courts of Justice Statute Law Amendment Act, 1994, an unproclaimed provision to amend the Courts of Justice Act with respect to Small Claims Court referees, is repealed.
Section 6. The French version of the definition of "administration" in section 1 of the Estates Act is amended to correct an error.
Subsection 7 (1). Complementary to subsection 7 (2).
Subsection 7 (2). The Evidence Act is amended by adding new section 34.1, which deals with electronic evidence and is based on the Uniform Electronic Evidence Act adopted by the Uniform Law Conference of Canada.
Section 8. Section 46 of the Family Responsibility and Support Arrears Enforcement Act, 1996, which deals with the enforcement of support arrears against lottery winnings, is rewritten to update the definition of "lottery", and to improve readability.
Section 9. Section 210 of the Highway Traffic Act, which requires that certain convictions be "certified" to the Registrar of Motor Vehicles, is amended to provide for a simpler notice of those convictions instead.
Section 10. Clause 28 (l) of the Interpretation Act is amended to correct an error.
Section 11. The definition of "province" in section 1 of the Interprovincial Summonses Act is rewritten to include the territories of Canada.
Subsection 12 (1). Subsection 4 (3) of the Justices of the Peace Act is amended to correct an error.
Subsection 12 (2). The Act is amended by adding a section dealing with the entitlement of justices of the peace to remuneration and the establishment of the Justices of the Peace Remuneration Commission to make recommendations on their remuneration.
Section 13. The French version of the definition of "minister" in section 1 of the Professional Engineers Act is amended to correct an error.
Section 14. Subsection 22 (2) is added to the Solicitors Act to make it clear that lawyers employed in a master-servant relationship may be indemnified by their employers if they are found liable for professional negligence.
Section 15. The French version of section 2 of the Statutes Act is amended to correct an error.
Section 16. This section amends the Statutory Powers Procedure Act. The purpose of the amendments is to help expedite proceedings before tribunals and to ensure tribunals have the power to control the proceedings that come before them so that they may be resolved effectively, efficiently and fairly. The more significant amendments are as follows:
1. An amendment allowing tribunals to appoint a panel of one to hear proceedings and, where the tribunal is required to have a specified number of persons sit on a panel under another Act, allowing the tribunal to assign a lesser number of persons to the panel with the consent of the parties. (Section 4.2.1)
2. An amendment permitting a tribunal or its administrative staff to decide not to process the documents relating to the commencement of a proceeding if certain technical requirements for the commencement of the proceeding have not been met. (Section 4.5)
3. An amendment permitting tribunals to dismiss proceedings without a hearing if there has been a failure to meet certain substantial requirements. (Section 4.6)
4. An amendment allowing tribunals to direct parties to participate in an alternative dispute resolution mechanism for the purpose of resolving the proceeding or specified issues arising in the proceeding. (Section 4.8)
5. An amendment giving tribunals the power, in specified circumstances, to order a party to pay the costs of another party. (Section 17.1)
6. An amendment to give tribunals the power to determine their own procedures. (Section 25.0.1)
Section 17. Clause 72 (1) (f.1) is added to the Succession Law Reform Act to ensure that payments under group life insurance policies are included in the deceased's estate for the purpose of dependants' support.
Section 18. Subsection 7 (1.1) is added to the Wages Act to protect disability income replacement payments from garnishment and assignment in the same way as ordinary wages.
Section 19. The French version of section 1 of the Warehouse Receipts Act is amended to correct an error.
Schedule C
Enforcement of Judgments Conventions Act, 1998
The Enforcement of Judgments Conventions Act, 1998, based on legislation adopted by the Uniform Law Conference of Canada, is enacted.
Schedule D
Settlement of International Investment Disputes Act, 1998
The Settlement of International Investment Disputes Act, 1998, based on legislation adopted by the Uniform Law Conference of Canada, is enacted.
Schedule E
Amendments proposed by the Ministry of Community and Social Services
Section 1. This section corrects errors in the French version of three provisions in the Child and Family Services Act.
Sections 2 and 4. Both the Day Nurseries Act and the Ontario Works Act, 1997 have provisions enabling delivery agents under those acts to enter into agreements with respect to their administration of those Acts. The amendments in sections 2 and 4 ensure that when delivery agents enter into those agreements with municipalities, the municipalities will have the powers and duties required for the purpose.
Section 3. Added to the District Social Services Administration Boards Act is the power to make regulations providing for the dissolution of a board and for the disposition of its assets and liabilities.
Schedule F
Amendments proposed by the Ministry of Consumer and Commercial Relations
Business Corporations Act
A corporation is required to keep for inspection the consent of all individuals to act as a first director if they are not incorporators.
A corporation is allowed to give financial assistance to any person but is required to disclose to its shareholders all material financial assistance that it gives in certain circumstances.
A meeting of shareholders may be held by means of telephonic or electronic communication technology where permitted by the articles or the by-laws.
A shareholder can complete or revoke a form of proxy by means of telephonic or electronic communication technology.
Even if a person consents to the election or appointment as a director after 10 days, the election or appointment becomes valid.
Persons who acquire an interest in a corporation after its dissolution may apply for its revival.
Collection Agencies Act
At present, the Act does not apply to persons providing counselling services in respect of consumer credit and receiving public money under the Ministry of Community and Social Services Act for the purpose. This exemption is repealed.
Consumer Protection Act
The Schedule adds a new Part II.1 to the Act that applies to direct sales contracts for goods or services that are concluded at a place other than the seller's place of business or the market place. The following are some of the features of the new Part:
1. The seller is required to deliver to the buyer a written copy of the contract containing the information required by the regulations made under the Act. The buyer is entitled to cancel the contract at any time up to 10 days after receiving the written copy.
2. The buyer is entitled to cancel a direct sales contract within one year of entering into the contract if the contract does not contain the information required by the regulations or does not deliver the goods or begin to provide the services required by the contract within 30 days of the date specified in the contract.
3. Within 15 days after the buyer cancels a direct sales contract, the seller is required to refund to the buyer all money paid by the buyer and to return the buyer's goods under a trade-in arrangement or an amount equal to the trade-in allowance. The buyer is required to allow the seller a reasonable opportunity to repossess the goods under the contract. The Lieutenant Governor in Council may, by regulation, set out circumstances where a seller is entitled to refund to a buyer less than all the money paid by the buyer to the seller under the cancelled contract.
The Schedule expands the requirements under Part III of the Act that apply to credit agreements. The following are some of the major changes:
1. A lender who offers to provide or to arrange insurance required under a credit agreement must at the same time clearly disclose to the borrower in writing that the borrower may purchase the insurance through an agent from an insurer of the borrower's choice. (section 27)
2. A borrower may cancel an optional service of a continuing nature provided by the lender on giving one month's notice or the shorter period of notice that is specified in the agreement under which the service is provided. (section 28)
3. The default charges that a lender is entitled to impose on a borrower under a credit agreement are limited. (section 29.1)
4. A borrower is entitled to pay the full balance of outstanding principal under a credit agreement at any time without any prepayment charge or penalty. (section 29.2)
5. Representations that a lender is allowed to make with respect to a credit agreement or that a credit card issuer is allowed to make about a credit card must include the information prescribed by the regulations made under the Act. (section 29.3)
6. A credit broker who takes an application from a borrower for a credit agreement is required to deliver a disclosure statement to the borrower. (section 29.4)
7. A lender is required to deliver an initial disclosure statement and subsequent disclosure statements to the borrower. (sections 29.5, 29.6 and 29.7)
The Schedule adds a new Part III.1 to the Act that applies to leases of goods. The following are some of the features of the new Part:
1. The representations that a lessor is allowed to make about the cost of a lease must include the information prescribed by the regulations made under the Act.
2. The lessor is required to deliver an initial disclosure statement to the lessee.
3. The maximum liability of the lessee at the end of the term of a residual obligation lease after returning the leased goods to the lessor is the amount calculated in accordance with the regulations made under the Act.
Corporations Act
If authorized by a special resolution, a corporation without share capital may apply for supplementary letters patent converting it into a corporation with share capital.
The Schedule removes the requirement that a corporation may only be continued in another jurisdiction if that jurisdiction permits its corporations to be continued in Ontario.
The Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 may authorize the continuance of insurance companies in another jurisdiction.
Corporations Information Act
A corporation that files its annual return under the Act electronically may deliver it to the Minister of Consumer and Commercial Relations, instead of to the Minister of Finance, even if there have been changes in the information required to be included in it.
Extra-Provincial Corporations Act
The Schedule removes the requirement that a foreign corporation be licensed to use a business name in addition to registering under the Business Names Act.
Land Titles Act
The land registrar is allowed to amend the register on the application of anyone having an interest in the land, not just the owner. A person who requests an instrument or book for inspection or a copy of an instrument or book is no longer required to make the request in writing.
Liquor Licence Act
The Board is not allowed to issue a special occasion permit under the Act or grant a caterer's endorsement to a licence to sell under the Act in certain circumstances.
Marriage Act
The Schedule specifies the information that is provided to a person requesting a search of a marriage licence and renames the document that a person who solemnizes a marriage provides to the parties.
Registry Act
A person who requests an instrument or book for inspection or a copy of an instrument or book is no longer required to make the request in writing.
The Minister of Consumer and Commercial Relations is allowed to prescribe classes of instruments that are registered as general registrations in the abstract index.
A judgment or order of a court or judge cannot be registered unless it is supported by a solicitor's statement that it is still in effect.
In registering a will under the Act, a death certificate in respect of the death of the testator issued by a funeral director is accepted as proof of death.
The land registrar may delete the entry of certain instruments that have been registered in the abstract index for less than two years.
The land registrar is not required to make entries, alterations or corrections of omissions or errors in the abstract index if the Director of Land Registration so authorizes the land registrar.
Safety and Consumer Statutes Administration Act, 1996
If the Legislative Assembly is not in session, the Minister of Consumer and Commercial Relations is required to deposit with the Clerk of the House the annual report that a designated administrative authority makes to the Minister. The board of the authority may give a copy of the report to any person before the Minister deposits it with the Clerk.
Vital Statistics Act
The Registrar General may appoint any person to commission affidavits for the purposes of the Act, not just persons employed in the Office of the Registrar General as at present. The Registrar General is allowed to seal original birth and marriage registrations for persons who have confidentially changed their names in another jurisdiction.
Schedule G
Licence Appeal Tribunal Act, 1998
The Act set out in the Schedule establishes the Licence Appeal Tribunal that consists of not fewer than three members appointed by the Lieutenant Governor in Council. One member of the Tribunal constitutes a quorum and may exercise all the powers of the Tribunal.
The Tribunal assumes the following functions of the following four existing agencies:
1. The function of the Child and Family Services Review Board to hold licensing hearings under the Child and Family Services Act, the Day Nurseries Act and the Intercountry Adoption Act, 1998, as set out in Bill 72 introduced on October 26, 1998.
2. The functions of The Commercial Registration Appeal Tribunal under the Ministry of Consumer and Commercial Relations Act.
3. The functions of the Licence Suspension Appeal Board under the Highway Traffic Act.
4. The functions of the Private Vocational School Review Board under the Private Vocational Schools Act.
Schedule H
Amendments and Repeals proposed by the Ministry of Economic Development, Trade and Tourism
The Schedule repeals three Acts: the Massey-Ferguson Limited Act, 1981, the Ontario Telephone Development Corporation Act and the Technology Centres Act.
It also corrects errors in the French version of the Research Foundation Act and the Telephone Act.
Schedule I
Amendments proposed by the Financial Services Commission of Ontario
The Schedule amends several Acts that are administered by the Financial Services Commission of Ontario.
Co-operative Corporations Act
Section 35 of the Act requires disclosure when there is a material change in the facts set out in an offering statement. The amendment to subsection 35 (6) broadens the meaning of "material change". (subsection 1 (2) of the Schedule)
In the current Act, the written approval of 60 per cent of the members and a special resolution is required to convert a co-operative corporation from share capital to non-share capital or vice versa. Section 151 of the Act is amended to require a special resolution and any additional approval as set out in the articles of the co-operative. (subsections 1 (4) and (5) of the Schedule)
In the current Act, the written approval of 95 or 100 per cent of the preference shareholders is required for amendments to the preference share conditions. Subsection 151 (4) of the Act is amended to require the approval of two-thirds of the preference shareholders, or a greater percentage as set out in the articles, and any additional approval as set out in the articles. Dissenting shareholders are given the right to sell their shares to the co-operative in new section 151.1. (subsections 1 (6) and (7) of the Schedule)
The limitation period for commencing a proceeding for an offence under the Act is extended from one year to two. (subsection 1 (15) of the Schedule)
The authority to approve forms is transferred from the Minister to the Superintendent of Financial Services. (subsections 1 (3), (8), (9), (10), (11), (12), (13), (14), (16) and (17) of the Schedule)
Section 2 of the Act is repealed, since the Minister is given the same power to delegate his or her authority in section 64 of the Capital Investment Plan Act, 1993. (subsection 1 (1) of the Schedule)
Credit Unions and Caisses Populaires Act, 1994
Section 19 of the current Act sets limits on the name that a credit union may use. This is amended to apply only to the corporate name of the credit union. New section 19.1 allows a credit union to use a name other than its corporate name. (subsections 2 (1), (2) and (3) of the Schedule)
Amalgamating credit unions will now be required to file articles of amalgamation. These are deemed to be the articles of incorporation of the amalgamated credit union. (subsection 2 (8) of the Schedule)
New rules are set out in sections 197.1 to 197.10 of the Act concerning disclosure of the costs of borrowing to natural persons, disclosure of the terms of loans to natural persons, information to be provided to persons receiving applications for credit cards, payment cards or charge cards and disclosure of information to be delivered by the credit union to the holder of the card. (subsections 2 (6) and (9) of the Schedule)
The authority to approve forms and certain documents is transferred from the Minister to the Superintendent of Financial Services. (subsections 2 (4), (7) and (10) of the Schedule)
The Act is amended to correct an error in the French version of section 90. (subsection 2 (5) of the Schedule)
Financial Services Commission of Ontario Act, 1997
An amendment to this Act will allow documents and information to be filed in written or other format, if specified requirements are met. (section 3 of the Schedule)
Insurance Act
Amendments of a technical or housekeeping nature are made. (subsections 4 (3), (4), (5) and (13) of the Schedule)
Currently, the Act prohibits rebating and defines in detail the phrase "unfair or deceptive acts or practices". These provisions are repealed and will be replaced by regulation making authority that will allow a more timely response to marketplace demands. (subsections 4 (14), (57) and (60) of the Schedule)
An amendment to subsection 102 (8) of the Act will make it possible to establish a common capital adequacy test for property and casualty insurers in Canada. Federal and provincial regulators are now developing such a test. (subsection 4 (11) of the Schedule)
Currently, the Act allows mutual insurance corporations to carry on business on premium note plans on a restricted basis, or to become members of the Fire Mutuals Guarantee Fund and issue insurance contracts. The Act is amended to discontinue the choice: mutual insurance corporations can no longer carry on business on premium note plans. (subsections 4 (2), (7), (10), (16) to (22), (23) and (62) of the Schedule)
Currently, the Act requires fraternal societies to comply with specified registration requirements. The Act is amended to impose those requirements only on fraternal societies incorporated in Ontario and to eliminate certain outdated provisions. The Superintendent is given the power to require any fraternal society registered in Ontario to make policy disclosures. (subsections 4 (12) and (24) to (38) of the Schedule)
The provisions of the Act dealing with the powers and duties of reciprocal insurance exchanges are streamlined. The requirements for becoming licensed as an exchange are to be set out in the regulations. The requirements governing liquidity and surplus of such exchanges are also to be set out in the regulations. (subsections 4 (1), (6), (8), (9) and (15), (39) to (56), (59) and (61) of the Schedule)
New rules are set out in sections 437.1 to 437.11 of the Act concerning disclosure of the costs of borrowing to natural persons, disclosure of the terms of loans and advances to natural persons, information to be provided to persons receiving applications for credit cards, payment cards or charge cards and disclosure of information to be delivered by the insurer to the holder of the card. (subsection 4 (58) of the Schedule)
Loan and Trust Corporations Act
New rules are set out in sections 176.1 to 176.10 of the Loan and Trust Corporations Act concerning disclosure of the costs of borrowing to natural persons, disclosure of the terms of loans to natural persons, information to be provided to persons receiving applications for credit cards, payment cards or charge cards and disclosure of information to be delivered by the registered corporation to the holder of the card. (subsections 5 (1) and (2) of the Schedule)
Amendments to the Act assign to the Superintendent of Financial Services some powers and duties that are currently held by the Minister of Finance. (subsection 5 (3) of the Schedule)
Mortgage Brokers Act
The Mortgage Brokers Act is amended to assign to the Superintendent of Financial Services certain powers and duties currently held by the Minister of Finance. (subsection 6 (1) of the Schedule)
The Superintendent is required to make recommendations to the Minister by July 1, 2000 concerning amendments to improve the effectiveness and administration of the Act. (subsection 6 (4) of the Schedule)
New rules are set out concerning disclosure of the costs of borrowing and the terms of mortgages to borrowers. (subsections 6 (2) and (3) of the Schedule)
Prepaid Hospital and Medical Services Act
Currently, the Prepaid Hospital and Medical Services Act requires all associations to file detailed actuarial and statistical data annually and in support of any proposed rate changes. These requirements are deleted from the Act. (subsections 7 (2) and (3) of the Schedule)
In the case of group plans that are offered by associations on a non-profit basis, the Act now requires the associations to file rate changes with the Superintendent before the rate changes can be implemented. An amendment exempts the associations from this requirement. (subsections 7 (1) and (4) of the Schedule)
The Superintendent is given powers of investigation that are analogous to those of the Superintendent under the Insurance Act, including the power to require persons to provide information upon request. (subsection 7 (5) of the Schedule)
Schedule J
Amendments proposed by the Ministry of Health
The Schedule amends the Ambulance Act in order to change the current licensing scheme to a certification scheme. Under the proposed certification scheme, operators would be required to submit to a periodic certification process. The Schedule requires the Minister to appoint a person, body or organization as a certifying authority that is responsible for ensuring that operators meet the criteria required for certification. The issuance and revocation of the certificate depend solely on the operator's ability to meet the certification criteria. The Schedule amends several provisions of the Act to delete any references to licences and make changes required to reflect the new certification scheme.
The Schedule makes other amendments to the Ambulance Act. Section 3 of the Act is enacted to give the Minister the power to establish an advisory council which will advise the Minister on matters relating to ambulance services. The prohibition in section 20.1 of the Act is broadened to apply to fees and co-payments charged when the ambulance services provided to a person do not include transportation by ambulance. The Schedule gives the Minister the power to make regulations respecting the duties and obligations of persons employed in ambulance services and of upper-tier municipalities and delivery agents.
The Schedule corrects errors in the French version of the Health Protection and Promotion Act and the Mental Health Act.
Schedule K
Amendments proposed by Management Board Secretariat
The Official Notices Publication Act now requires certain notices and information to be published in The Ontario Gazette. An amendment will permit other notices and information to be published in the Gazette.
The Public Service Act is amended to authorize the appointment of a Conflict of Interest Commissioner. The new Commissioner has the powers and duties assigned to him or her by the Lieutenant Governor in Council or by the Chair of the Management Board of Cabinet.
Schedule L
Amendments proposed by the Ministry of Municipal Affairs and Housing
Building Code Act, 1992
The Building Code Act, 1992 is amended as follows:
1. To add planning boards constituted under the Planning Act to the list of entities that may be authorized to enforce the sewage system provisions of the Act and the building code in prescribed territories and municipalities.
2. To enable the Minister of Municipal Affairs and Housing to give province-wide effect to determinations made by the Building Code Commission.
3. To clarify that regulations made by conservation authorities under section 7 of the Act are not regulations within the meaning of the Regulations Act.
4. To clarify that the provisions of the Act relating to recovery of remedial expenses are applicable to entities, other than municipalities and the Crown, that enforce the Act.
Canadian National Exhibition Association Act, 1983
The Canadian National Exhibition Association Act, 1983 is amended to reflect changes resulting from the creation of the new City of Toronto under the City of Toronto Act, 1997.
Housing Development Act
Section 14 of the Act is amended to authorize the Ontario Mortgage Corporation to issue guarantees and provide indemnities for loans to undertake a building development or to acquire or rehabilitate a housing unit.
London-Middlesex Act, 1992
Part III of the Act (dealing with planning matters) is repealed.
Municipal Act
Amendments are made to sections 297 and 305 of the Act to remove the requirement for the Minister's approval of by-laws relating to shore allowances or the alteration, diversion or closing of roads.
Amendments are made to section 400 of the Act to change references to the Costs of Distress Act and replace them with references to the Bailiffs Act.
Planning Act
Section 4 of the Act is amended to reflect changes to sections 297 and 305 of the Municipal Act.
The amendment to subsection 17 (13) of the Act would require single-tier municipalities to prepare an official plan.
Sections 17 and 22 of the Act are amended to require the municipality to send the notice of appeal of an official plan or official plan amendment to the approval authority within 15 days after the last day for filing a notice of appeal. No time limit is currently set out in these provisions.
Sections 17, 22, 34, 45, 51 and 53 of the Act are amended so that where an appeal is withdrawn before the expiration of the 15-day time limit for the municipality or approval authority to forward the appeal to the Ontario Municipal Board, the municipality or approval authority is not required to send the record of appeal to the Board.
Sections 50 and 51 of the Act are amended to reflect municipal restructuring. Section 51 is also amended to allow the Ontario Municipal Board, if it has given approval to a draft plan of subdivision, to transfer the final approval of the plan to the approval authority.
Section 63 of the Act is amended to remove a reference to the land division committee.
Regional Municipalities Act
The amendment clarifies that section 97 of the Act (related to recovery of remedial expenses) applies to planning boards, boards of health and conservation authorities when enforcing certain provisions of the Building Code Act, 1992 in the regional municipalities of Haldimand-Norfolk and Sudbury.
Registry Act
Subsection 88 (3) of the Act, which requires the Minister's approval of a court order to alter plans of subdivision, is repealed.
Schedule M
Amendments proposed by the Ministry of Natural Resources
Aggregate Resources Act
The Aggregate Resources Act is amended to clarify the effect of a zoning by-law on when a licence for a pit or quarry may be issued, to delete a provision authorizing the waiver of rehabilitation requirements, to clarify the relationship between provincial and municipal rules governing aggregate operations, and to permit regulations under the Act to adopt a standard by reference, including amendments made to the standard from time to time.
Fish Inspection Act
The Fish Inspection Act is amended to authorize the arrest of offenders, to increase the penalties for offences and to extend the limitation period for prosecutions.
Forest Fires Prevention Act
The Forest Fires Prevention Act is amended to permit more specific regulation of fires in restricted fires zones, to clarify when orders may be made to reduce fire dangers, to require people who cause fires to pay for action taken under the Act, to clarify that any residue from the discharge of fireworks must be extinguished, to update a reference to federal railway safety rules and to reflect amendments made to the Act by the Red Tape Reduction Act, 1998 (No. 1).
Game and Fish Act
The Game and Fish Act is amended to repeal the requirement that pelts of fur-bearing mammals be sealed or marked.
Niagara Escarpment Planning and Development Act
The Niagara Escarpment Planning and Development Act is amended to remove the requirement for an advisory committee to represent municipalities, to make changes to the process for amending the Niagara Escarpment Plan and to require reviews of the Plan every 10 years instead of every 5 years. The Act is also amended to permit the Minister of Natural Resource's power to issue development permits to be delegated to employees of the Niagara Escarpment Commission and to make other changes to the development permit provisions of the Act. Another amendment to the Act authorizes Commission employees to enter private property for specified purposes and prohibits them from entering for other purposes unless they have a warrant under the Provincial Offences Act or the consent of the owner and of the occupier.
Oil, Gas and Salt Resources Act
The definition of "inspector" in the Oil, Gas and Salt Resources Act is amended to delete an obsolete reference to the chief inspector. The definition of "operator" is amended to clarify that the person who has the right to operate a work and the person who has control or management of the operation of the work are both "operators" for the purposes of the Act. The Act is also amended to remove a requirement for a prescribed form and to permit regulations under the Act to adopt a standard by reference, including amendments made to the standard from time to time.
Public Lands Act
The Public Lands Act is amended to permit unregistered letters patent to be cancelled.
Schedule N
Amendments proposed by the Ministry of Northern Development and Mines
The Ministry of Northern Development and Mines proposes amendments to the Mining Act and the Ontario Northland Transportation Commission Act. The only amendment to the latter Act is to correct an error in the French version.
In general, the Mining Act amendments are of a house-keeping nature, from correcting cross-references (see definition of "anniversary date" in section 1) to deleting obsolete provisions (sections 17, 45, 172, 173 and Part XIV). Some changes are directed at eliminating burdensome requirements: for example the need to use a prescribed form has been removed from subsection 19 (8); the requirement for the land registrar to use red ink when making an entry disappears from several provisions. Increased flexibility is achieved by the removal of the requirement for the use of registered mail for the sending of certain documents.
Many amendments are aimed at reflecting recent administrative changes, modernizing the statute and simplifying and clarifying its language. The fact that mining recorders now have jurisdiction throughout Ontario (previously they were responsible for activities in specific mining divisions) is recognized in a number of the amendments, most directly in proposed new subsection 6 (2). In addition, new section 15 indicates that instruments required or permitted to be filed or recorded under the Act shall be filed in the Provincial Recording Office (rather than in individual offices in the mining divisions) except where the Ministry provides that filings may be made at other offices. Section 16 is to the same effect with respect to the posting of notices, order or documents.
Sections 5 through 9 are rewritten more simply with a view to updating. The word "penalty" in sections 41, 81, 82 and 84 is replaced with "interest" so as to clarify the nature of the extra payment required when amounts owing are not paid on time. Section 176 is amended to clarify that the regulations may provide for minimum rentals and minimum tax. Other provisions where amendments promote simplification and clarification are sections 46, 48, 64 (replacement of obsolete language concerning writs of execution with modern equivalents), 110 and 112.
Schedule O
Amendments proposed by the Ontario Securities Commission
The Schedule amends the Commodity Futures Act, the Securities Act and the Toronto Stock Exchange Act.
Commodity Futures Act
The amendments to the Commodity Futures Act are set out in sections 1 to 26 of the Schedule.
A number of definitions are amended or added to correspond with the definitions in the Securities Act. The definition of "commodity futures exchange" is also amended to delete an obsolete reference to "open auction".
A new purpose section is added to the Act as section 1.1.
The new Parts I.1 and II.1 give the Commission responsibility for the administration of the Act and provide for the assignment of powers and duties and the power to delegate.
Subsection 4 (1) is amended to remove limitations on the Commission's authority to review the decisions of a Director, to correspond to the Securities Act.
Section 5 is amended with respect to appeals, to correspond to the Securities Act.
Section 6 is repealed, to correspond to the Securities Act.
Part IV is amended with respect to investigation and examination powers of the Commission, to correspond to the Securities Act.
Part V is amended with respect to record-keeping practices of market participants and the compliance review procedures of the Commission, to correspond to the Securities Act.
Part VI is amended to change the provisions dealing with recognition and overseeing of market participants, self-regulation and minimum requirements applicable to registrants not subject to self-regulation, to correspond to the Securities Act.
Subsection 22 (1) is also amended to reflect the new definitions, to allow persons other than officers and partners to be registered to provide advisory services on behalf of a registered advisor and to correspond to changes made to the Securities Act.
Section 24 is amended to restate the present requirements for the surrender of registration, to correspond to the Securities Act.
Sections 29 and 30, which provide Canadian residency requirements for registrants and provisions for filing notice of change to registration information, are repealed.
Clause 31 (a) is amended to include a reference to the Credit Unions and Caisses Populaires Act, 1994, to correspond to the Securities Act.
Part XI is repealed. It deals with the Commission's powers to revoke registration or recognition of commodity futures exchanges and this power has been added to the general powers section.
Subsections 48 (1) and (2) are amended to require the Commission, rather than the Director, to make orders limiting the ability of a registrant to make a sales call at a residence, to correspond to the Securities Act.
Subsection 54 (4), dealing with variation and revocation of Commission decisions, is repealed, as it is dealt with in subsection 79 (1).
Sections 55 and 56 respecting offences are replaced by a new section 55, to correspond to the Securities Act.
Sections 59 and 60, which deal with the powers of the Commission to preserve property and make orders in the public interest, are amended to correspond to the Securities Act.
A new section 60.1 is added to allow the Commission to order the payment of costs of an investigation or hearing.
A new section 60.2 authorizes the Commission to apply to the Ontario Court (General Division) without having to first hold a hearing, to correspond to the Securities Act.
A new section 60.3 provides the Commission with the authority to apply to the court for the appointment of a receiver, a receiver manager, a trustee or a liquidator, to correspond to the Securities Act.
A new section 60.4 provides for a limitation period under the Act, where not otherwise provided, of six years.
Subsections 63 (1) and 64 (1) and (2) are amended to reflect the addition of the definition of "Ontario commodities futures law".
Sections 65 and 66 are revoked. A new Part XV is added providing authority for making rules and regulations and setting out the process for making rules. It corresponds to the Securities Act.
Securities Act
The amendments to the Securities Act are set out in sections 27 to 54 of the Schedule.
The definitions set out in subsection 1 (1) of the Act are amended as follows:
1. To add any trade that is a distribution under the Regulations to the definition of "distribution".
2. To add "recognized quotation and trade reporting system" to the list of "market participants".
3. To delete obsolete references from the definitions of "security" and "trade".
4. To amend the definition of "clearing agency" to properly reflect the activities generally performed by those entities.
5. To remove the ability of issuers to become reporting issuers by filing a securities exchange take-over bid circular.
The new definition of "offering memorandum" in subsection 1 (1) and the new section 130.1 convert the current contractual right of action provision relating to private placement documents into a statutory right of action. The limitation period is extended and the treatment of vendors other than the issuer of securities is clarified.
The amendment to the definition of "reporting issuer" in subsection 1 (1) and the addition of the new section 83.1 allow the Commission to deem issuers to be reporting issuers.
Subsection 3.5 (4) is amended to allow Commissioners who sign an order under section 17 to sit on any subsequent hearing related to the same matter.
Subsection 8 (1) is amended to remove limitations on the Commission's authority to review the decisions of a Director.
Section 17 is amended to allow disclosure by an investigator of information obtained pursuant to powers of compulsion for the purpose of conducting an investigation or related hearing.
Subsection 19 (3) is amended to require market participants to deliver required books and records and other information to the Commission when required to do so by or on behalf of the Commission.
Sections 25, 32, 33 and 42 and paragraph 7 of subsection 35 (2) are amended to eliminate obsolete provisions. The amendment to clause 25 (1) (c) ensures that the full range of appropriate individuals may be registered.
Subsection 26 (1) now requires the Director to find an applicant suitable for registration before granting registration. The amendment would require the Director to grant registration unless there is a reason to refuse.
Paragraph 3 of subsection 35 (1) is amended to include cross references to wholly-owned subsidiaries of all relevant institutions.
Paragraph 4 of subsection 35 (1) is amended to permit individuals, in appropriate circumstances, to qualify as "exempt purchasers".
Paragraphs 5 and 18 of subsection 35 (1) and clauses 72 (1) (d) and (l) are amended to refer to the current dollar amounts applicable to certain private placement exemptions and to highlight that these amounts may be prescribed by regulation.
Subsection 38 (3) is updated to include quotation and trade reporting systems and to remove the requirement for the Director to approve references to stock exchange listings in appropriate circumstances.
Section 58 is amended to ensure that the appropriate forms of prospectus certificates are used.
Clause 72 (1) (m) is amended to remove the requirement for Director review of escrow and pooling arrangements acceptable to a recognized stock exchange.
Subsections 72 (4) to (6) and clause 72 (7) (a) are technical amendments.
Sections 80 and 83 are amended to remove an obsolete provision and increase an issuer's ability to apply for relief from continuous disclosure requirements.
Section 107 is amended to require insider reports to be filed within 10 days of trades or whatever shorter period is prescribed by the rules or regulations, rather than within 10 days of the end of the month of the trade.
Section 127 is amended and a new section 127.1 added to provide additional orders that the Commission may make for violations of the Act, including orders for the payment of costs.
Section 129.1 is amended to increase the limitation period for proceedings under the Act from five to six years.
Subsection 140 (2) is amended to increase the ability of the Commission to maintain the confidentiality of private information.
Section 143 is amended to clarify the Commission's rule-making authority, to ensure that some matters previously regulated by policy statement may be prescribed by rules and to ensure consistency in approach and language.
Sections 95, 99 and 100 and paragraph 28 of subsection 143 (1) are amended, among other things, to extend the time periods required for take-over bids, to permit bids to be commenced by advertisement.
The new section 153 facilitates the exchange of information with other regulatory authorities.
Toronto Stock Exchange Act
The amendments to the Toronto Stock Exchange Act are set out in section 55 of the Schedule.
Clause 6 (1) (b) of the Act now provides that there are two public directors of the Corporation, or where the by-laws so provide, up to four public directors. The amendment changes that number to at least six public directors.
Subsection 7 (4) of the Act requires the Nominating Committee to be chaired by the President of the Corporation. This is changed to the chair of the board of directors.
Schedule P
Amendments proposed by the Ministry of the Solicitor General
Coroners Act
The Act is amended to permit the appointment of more than one Deputy Chief Coroner.
An error in the French version of the Act is corrected.
Emergency Plans Act
The definition of emergency is amended to include impending situations. The definition of municipality is amended by adding counties and deleting improvement districts.
The title of the Emergency Planning Co-ordinator is changed to Director, Emergency Measures Ontario.
Ministry of the Solicitor General Act
The Act is amended to permit the Solicitor General to delegate powers and duties to the Deputy Solicitor General and Ministry employees.
Private Investigators and Security Guards Act
The Act is amended to permit the appointment of more than one deputy registrar.
An error in the French version of the Act is corrected.
Schedule Q
Amendments proposed by the Ministry of Transportation
The Schedule contains amendments to the Highway Traffic Act and one consequential amendment to the Off-Road Vehicles Act.
Highway Traffic Act
The amendments to sections 6, 7, 12 and 14 of the Act and the addition of section 7.1 are to permit the Minister of Transportation to apply to have Ontario made a member of the International Registration Plan. The Plan contains reciprocal provisions in respect of commercial motor vehicles that travel across provincial or international borders. The Plan provides for the issuance of IRP cab cards as permits for these vehicles and for the apportionment of registration and licence fees in each jurisdiction that is a member on the basis of the distances travelled in each jurisdiction. Persons residing or based in other jurisdictions that are members of the Plan are exempt from the requirements of and fees prescribed under Part II of the Highway Traffic Act. Initially, Ontario will continue to be a member of the Canadian Agreement on Vehicle Registration, as well as the International Registration Plan and both CAVR cab cards and IRP cab cards will be recognized under the Highway Traffic Act. However, on a day to be named by proclamation, only the International Registration Plan will apply and all references to the Canadian Agreement on Vehicle Registration and to CAVR cab cards will be repealed.
The amendment to section 11 of the Act creates a regulation-making power under which classes of persons may be allowed to apply for a new vehicle permit by electronic means.
A minor amendment is made to section 41 of the Act to correct a reference to a section of the Criminal Code (Canada).
Section 55.1 of the Act is amended to permit, by regulation, exemptions from the longer second and subsequent vehicle impoundment orders that would otherwise apply for driving while under suspension.
Section 82 of the Act is re-enacted. The re-enactment provides that if a vehicle is found on examination to be not in compliance with the Act or the regulations, a police officer or officer appointed for the purposes of the Act may require the owner or operator to have the vehicle repaired and to either bring the vehicle back for examination or to submit evidence that it is now in compliance. If the vehicle is found to have a prescribed kind of defect or to be unsafe, the officer may prohibit the operation of the vehicle until it is repaired and in a safe condition and may remove the vehicle number plates and vehicle inspection sticker. The penalty for contravening the section is increased for commercial motor vehicle owners and operators to a maximum of $20,000. Consequential amendments are made to sections 50.3 and 82.1. Subsections 64 (8) and 70 (5) and (6), which overlap the examination powers in section 82, are repealed.
A new Part is added to the Act governing the operation of off-road vehicles on highways. The new Part provides that off-road vehicles may only be driven on highways where permitted by regulation or municipal by-law.
Off-Road Vehicles Act
The Off-Road Vehicles Act is amended to ensure that the limited use of highways permitted in that Act to farmers, licensed hunters and trappers and to off-road vehicles driven directly across a highway will be unaffected by any regulation or by-law made under the new Part in the Highway Traffic Act governing off-road vehicles.
Schedule R
Miscellaneous Statute Corrections
The Schedule corrects errors in the French version of the Archives Act.
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Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.