Bill 25, Red Tape Reduction Act, 1998

Tsubouchi, Hon. David H. Minister of Consumer and Commercial Relations

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Status

Versions

As Amended by Standing Committee

[36] Bill 25 As Amended by Standing Committee (PDF)

B025_E

Bill 25 1998

An Act to reduce red tape by

amending or repealing certain Acts

and by enacting two 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

or the Ministry of the Solicitor General

Annexe B

Modifications émanant du ministère du Procureur général ou du ministère du Solliciteur général

Schedule C

Statute and Regulation Revision Act, 1998

Annexe C

Loi de 1998 sur la refonte des lois et des règlements

Schedule D

Amendments and Repeals proposed by the Ministry of Citizenship, Culture and Recreation

Annexe D

Modifications et abrogations émanant du ministère des Affaires civiques, de la Culture et des Loisirs

Schedule E

Amendments and Repeals proposed by the Ministry of Consumer and Commercial Relations

Annexe E

Modifications et abrogations

émanant du ministère de la Consommation et du Commerce

Schedule F

Amendments and Repeals proposed by the Ministry of Energy, Science and Technology

Annexe F

Modifications et abrogations émanant du ministère de l'Énergie, des Sciences et de la Technologie

Schedule G

Amendments proposed by the Ministry of Health

Annexe G

Modifications émanant du ministère de la Santé

Schedule H

Ministry of Health Appeal and Review Boards Act, 1998

Annexe H

Loi de 1998 sur les commissions d'appel et de révision du ministère de la Santé

Schedule I

Amendments and Repeals proposed by the Ministry of Natural Resources

Annexe I

Modifications et abrogations émanant du ministère des Richesses naturelles

Schedule J

Repeal of the Policy and Priorities Board of Cabinet Act

Annexe J

Abrogation de la Loi sur le Conseil des politiques et des priorités du Conseil des ministres

______________

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) Schedules A, B, D, E, F, G, I and J are hereby enacted.

Same, Schedule C

(2) The Statute and Regulation Revision Act, 1998, as set out in Schedule C, is hereby enacted.

Same, Schedule H

(3) The Ministry of Health Appeal and Review Boards Act, 1998, as set out in Schedule H, is hereby enacted.

Commencement

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

Same, Schedules

(2) The Schedules to this Act come into force as provided in the commencement section at or near the end of each Schedule.

Short title

3. The short title of this Act is the Red Tape Reduction Act, 1998.

SCHEDULE A

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

Drainage Act

1. (1) Section 41 of the Drainage Act is amended by adding the following subsection:

Same

(3.1) Despite subsections (1) and (2), the council of a local municipality is not required to send a copy of the report to owners of lands and roads assessed for a sum of less than $100.

(2) Section 60 of the Act is amended by inserting "a" after "or" in the eighth line.

(3) Section 64 of the Act is amended by inserting "a" after "or" in the sixth line.

(4) Subsection 80 (1) of the Act is amended by striking out "the drainage superintendent" in the eleventh and twelfth lines and substituting "a drainage superintendent".

(5) Section 81 of the Act is amended by striking out "the drainage superintendent" in the second line and substituting "a drainage superintendent".

(6) Subclause 85 (a) (ii) of the Act is amended by striking out "the drainage superintendent" in the third and fourth lines and substituting "a drainage superintendent".

(7) Clause 85 (b) of the Act is repealed and the following substituted:

(b) costs incurred by the municipality in the employment of drainage superintendents; and

. . . . .

(8) Subsection 87 (3) of the Act is repealed and the following substituted:

Where drainage superintendents employed

(3) Where one or more municipalities employ drainage superintendents who have qualifications satisfactory to the Minister, the Minister may direct that 50 per cent of the costs incurred by the municipality or municipalities in the employment of the superintendents shall be paid out of the money appropriated for that purpose by the Legislature.

(9) Subsection 88 (2) of the Act is amended by inserting "a" after "or" in the fourth line.

(10) Subsection 93 (1) of the Act is repealed and the following substituted:

Appointment of drainage superintendent

(1) The council of a local municipality may by by-law appoint a drainage superintendent,

(a) to initiate and supervise the maintenance and repair of any drainage works;

(b) to assist in the construction or improvement of any drainage works; and

More than one drainage superintendent

(1.1) The council of a local municipality may, with the approval of the Minister, appoint more than one drainage superintendent under subsection (1).

Remuneration

(1.2) The council may provide for fees or other remuneration for services performed by drainage superintendents in carrying out the provisions of this Act, but the fees or other remuneration shall not be deemed to form part of the cost of the drainage works, and shall be paid from the general funds of the municipality.

(11) Subsection 93 (2) of the Act is amended by striking out "subsection (1)" in the second line and substituting "this section".

(12) Subsection 94 (1) of the Act is repealed and the following substituted:

Inspection of drainage works

(1) The drainage superintendents appointed by the council of a local municipality shall inspect every drainage works for which the municipality is responsible and shall report periodically to council on the condition of the drainage works in the municipality.

(13) The English version of subsection 94 (2) of the Act is amended by inserting "a" after "be" in the second line.

(14) Subsection 95 (3) of the Act is repealed and the following substituted:

Powers

(3) A drainage superintendent and a commissioner have the same powers as to entry on land as are given to the engineer and the engineer's assistants under subsection 12 (1).

Sheep and Wool Marketing Act

2. The Sheep and Wool Marketing Act, as amended by section 38 of the Statute Law Amendment Act (Government Management and Services), 1994, is repealed.

Tile Drainage Act

3. (1) The definition of "municipality" in section 1 of the Tile Drainage Act is repealed and the following substituted:

municipality" means a city, town, village or township. ("municipalité")

(2) Section 2 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 100, is repealed and the following substituted:

Borrowing powers of municipalities

2. (1) The council of a municipality may pass by-laws in the prescribed form authorizing,

(a) the borrowing of money from the Minister of Finance for the purpose of lending the money for the construction of drainage works; and

(b) the issuance of debentures in the prescribed form by the municipality or by a district or regional municipality on its behalf.

When by-law valid

(2) A by-law passed under subsection (1) is valid and binding according to its terms unless an application is made or an action is brought to quash the by-law in a court of competent jurisdiction within four weeks after the by-law is passed.

Deposit with Minister of Finance

(3) After the expiration of four weeks since a by-law is passed under subsection (1), the clerk of the municipality shall deposit with the Minister of Finance a certified copy of the by-law, together with an affidavit of the clerk in the prescribed form if,

(a) no application has been made or no action has been brought to quash the by-law; or

(b) an application has been made or an action has been brought to quash the by-law but it has been dismissed.

Clerk's affidavit

(4) The affidavit of the clerk shall state which one of clauses (3) (a) and (b) applies in respect of the by-law.

Offer to sell debentures

(5) After the clerk has complied with subsection (3), the municipality that issued the debentures authorized by the by-law may offer to sell the debentures to the Province of Ontario.

Commencement

4. This Schedule comes into force on the day it receives Royal Assent.

SCHEDULE B

AMENDMENTS PROPOSED BY THE MINISTRY OF THE ATTORNEY GENERAL OR THE MINISTRY OF THE SOLICITOR GENERAL

Bulk Sales Act

1. (1) Subsection 11 (1) of the Bulk Sales Act is amended by striking out "the office of the local registrar of the court" in the third line and substituting "the office of the court".

(2) Section 11 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1994, chapter 27, section 41, is further amended by adding the following subsection:

Where filing required

(2) The documents mentioned in subsection (1) shall be filed in the offices of the court for every county or district in which all or part of the stock in bulk is located.

(3) Subsection 12 (3) of the Act is amended by striking out "the date of the filing of the documents mentioned in section 11" in the second and third lines and substituting "the buyer complies with section 11".

(4) Section 19 of the Act is amended by striking out "before the documents are filed under section 11 or within six months after the date on which the documents were filed under section 11" in the fifth, sixth, seventh and eighth lines and substituting "before the buyer complies with section 11 or within six months after the buyer complies with section 11".

Cemeteries Act (Revised)

2. Section 37 of the Cemeteries Act (Revised) is amended by adding the following subsection:

Same

(2) Section 26 of the Trustee Act does not apply to subsection (1).

Coroners Act

3. Sections 6 and 7 of the Coroners Act are repealed.

County of Oxford Act

4. Subsection 88 (4) of the County of Oxford Act is repealed.

Courts of Justice Act

5. (1) Subsection 66 (2) of the Courts of Justice Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 21 and 1996, chapter 25, section 1, is further amended by adding the following clause:

(w.1) the issuance, service, filing and storage of documents by electronic means, including methods of completing and signing documents for those purposes.

(2) Subsection 140 (2) of the Act is repealed.

District Municipality of Muskoka Act

6. Subsection 87 (4) of the District Municipality of Muskoka Act is repealed.

Evidence Act

7. (1) The Evidence Act is amended by adding the following section:

Office consolidations of statutes or regulations

24.1 (1) A document that purports to be printed by the Queen's Printer for Ontario as an office consolidation of a statute or regulation shall be received in evidence, in the absence of evidence to the contrary, as an accurate consolidation of the statute or regulation as it read on the date indicated on the document.

Electronic consolidations

(2) A CD-ROM disk or other electronic information storage device prescribed by the regulations that purports to be published by the Queen's Printer for Ontario as a consolidation of statutes or regulations shall be received in evidence, in the absence of evidence to the contrary, as an accurate consolidation of the statutes or regulations as they read on the date indicated by the disk or other device.

Same

(3) Subsections (1) and (2) do not apply to a document, CD-ROM disk or device that has a disclaimer to the effect that it is prepared for the purposes of convenience only and is not intended as authoritative text.

Regulations

(4) The Lieutenant Governor in Council may make regulations prescribing electronic information storage devices for the purposes of this section.

(2) Subsection 53 (2) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:

Registered instrument as evidence

(2) A copy of an instrument or memorial, certified to be a true copy by the land registrar in whose office the instrument or memorial is deposited, filed, kept or registered, is proof of the original, in the absence of evidence to the contrary, except in the cases provided for in subsection (3).

(3) Subsection 53 (3) of the Act is amended by striking out "under his or her hand and seal of office" in the thirteenth and fourteenth lines.

Law Society Act

8. (1) Clause 56 (1) (a) of the Law Society Act is repealed and the following substituted:

(a) to invest the funds of the Foundation.

(2) Clause 56 (1) (d) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 49, is repealed and the following substituted:

(d) to invest the funds that it holds on joint account under section 57.1.

(3) Section 56 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 49, is further amended by adding the following subsection:

Investment

(1.1) Sections 27 to 29 of the Trustee Act apply, with necessary modifications, to the investment of funds under clauses (1) (a) and (d).

(4) Paragraph 10 of section 63 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 49, is repealed.

McMichael Canadian Art Collection Act

9. Subsection 9 (2) of the McMichael Canadian Art Collection Act is repealed and the following substituted:

Investment

(2) Sections 27 to 29 of the Trustee Act apply, with necessary modifications, to the investment of money of the Corporation.

Ontario Heritage Act

10. Clause 10 (1) (i) of the Ontario Heritage Act is repealed and the following substituted:

(i) invest its funds, and sections 27 to 29 of the Trustee Act apply, with necessary modifications, to the investment of those funds.

Ontario Northland Transportation Commission Act

11. Section 43 of the Ontario Northland Transportation Commission Act is repealed.

Public Accountancy Act

12. Subsection 27 (3) of the Public Accountancy Act is repealed and the following substituted:

Investment of money

(3) The Council may invest any money standing to the credit of the fund, and sections 27 to 29 of the Trustee Act apply, with necessary modifications, to the investment of the money.

Public Guardian and Trustee Act

13. Section 13 of the Public Guardian and Trustee Act, as amended by the Statutes of Ontario, 1992, chapter 32, section 25, is repealed and the following substituted:

Investment of property

13. Except as provided by this Act and the Substitute Decisions Act, 1992, sections 27 to 29 of the Trustee Act apply, with necessary modifications, to the investment of any property that is available for investment by the Public Guardian and Trustee.

Regional Municipalities Act

14. Subsection 111 (4) of the Regional Municipalities Act is repealed.

Science North Act

15. (1) Subsection 9 (3) of the Science North Act is repealed and the following substituted:

Investment of funds

(3) Money in the general fund of the Centre that is not immediately required for the Centre's purposes, and the proceeds of all property that comes to the Centre, subject to any trust affecting them, may be invested by the Board, and sections 27 to 29 of the Trustee Act apply, with necessary modifications, to those investments.

(2) Subsection 10 (3) of the Act is repealed and the following substituted:

Investment of funds

(3) Money in the special fund of the Centre that is not immediately required for the purposes set out in clause 3 (e) may be invested by the Board, and sections 27 to 29 of the Trustee Act apply, with necessary modifications, to those investments.

Trustee Act

16. (1) Sections 26 to 34 of the Trustee Act are repealed and the following substituted:

Other Acts

26. If a provision of another Act or the regulations under another Act authorizes money or other property to be invested in property in which a trustee is authorized to invest and the provision came into force before section 16 of Schedule B of the Red Tape Reduction Act, 1998, the provision shall be deemed to authorize investment in the property in which a trustee could invest immediately before the coming into force of section 16 of Schedule B of the Red Tape Reduction Act, 1998.

Standard of care

27. (1) In investing trust property, a trustee must exercise the care, skill, diligence and judgment that a prudent investor would exercise in making investments.

Authorized investments

(2) A trustee may invest trust property in any form of property in which a prudent investor might invest.

Mutual funds

(3) Any rule of law that prohibits a trustee from delegating powers or duties does not prevent the trustee from investing in mutual funds.

Common trust funds

(4) If trust property is held by co-trustees and one of the co-trustees is a trust corporation as defined in the Loan and Trust Corporations Act, any rule of law that prohibits a trustee from delegating powers or duties does not prevent the co-trustees from investing in a common trust fund, as defined in that Act, that is maintained by the trust corporation.

Criteria

(5) A trustee must consider the following criteria in planning the investment of trust property, in addition to any others that are relevant to the circumstances:

1. General economic conditions.

2. The possible effect of inflation or deflation.

3. The expected tax consequences of investment decisions or strategies.

4. The role that each investment or course of action plays within the overall trust portfolio.

5. The expected total return from income and the appreciation of capital.

6. Needs for liquidity, regularity of income and preservation or appreciation of capital.

7. An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.

Diversification

(6) A trustee must diversify the investment of trust property to an extent that is appropriate to,

(a) the requirements of the trust; and

(b) general economic and investment market conditions.

Investment advice

(7) A trustee may obtain advice in relation to the investment of trust property.

Reliance on advice

(8) It is not a breach of trust for a trustee to rely on advice obtained under subsection (7) if a prudent investor would rely on the advice under comparable circumstances.

Terms of trust

(9) This section does not authorize or require a trustee to invest in a manner that is inconsistent with the terms of the trust.

Protection from liability

28. A trustee is not liable for a loss to the trust arising from the investment of trust property if the conduct of the trustee that led to the loss conformed to a plan or strategy for the investment of the trust property, comprising reasonable assessments of risk and return, that a prudent investor could adopt under comparable circumstances.

Assessment of damages

29. If a trustee is liable for a loss to the trust arising from the investment of trust property, a court assessing the damages payable by the trustee may take into account the overall performance of the investments.

Application

30. Sections 27 to 29 apply, after section 16 of Schedule B of the Red Tape Reduction Act, 1998 comes into force, to trusts created before or after section 16 of Schedule B of the Red Tape Reduction Act, 1998 comes into force.

(2) Section 35 of the Act is amended by adding the following subsection:

Application

(2) Subsection (1) does not apply to liability for a loss to the trust arising from the investment of trust property.

(3) Subsection 36 (7) of the Act is amended by striking out "securities" in the second and third lines and substituting "property".

Commencement

17. (1) Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 1998 receives Royal Assent.

Same

(2) Sections 2, 4, 6, 8, 9, 10, 12, 13, 14, 15 and 16 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE C

STATUTE AND REGULATION REVISION ACT, 1998

Revision of statutes and regulations

1. The Chief Legislative Counsel for the Province of Ontario may prepare,

(a) a revision of any or all of the statutes of Ontario; and

(b) a revision of any or all of the regulations of Ontario.

Powers

2. (1) In revising statutes or regulations, the Chief Legislative Counsel may,

(a) change the numbering or arrangement of provisions;

(b) make changes in language and punctuation to achieve greater uniformity;

(c) make changes that are necessary to clarify what is considered to be, in the case of a statute, the intention of the Legislature, or, in the case of a regulation, the intention of the authority that made the regulation;

(d) make changes to reconcile apparently inconsistent provisions;

(e) correct clerical, grammatical or typographical errors;

(f) repeal or revoke statutes, regulations or provisions that are obsolete, are spent or have no legal effect;

(g) include statutes or regulations that have not yet come into force and indicate how they are to come into force;

(h) combine or divide statutes or regulations;

(i) make changes to other statutes or regulations to reconcile them with a revised statute or regulation; and

(j) include such information as the Chief Legislative Counsel considers appropriate to show what changes have been made by the revision.

French versions of regulations

(2) In revising a unilingual English regulation, the Chief Legislative Counsel may add a French version.

Contents of revised statute

(3) A revised statute shall contain the revised text of the statute and provisions repealing what is replaced, and may contain provisions making complementary amendments to other statutes and providing for transitional matters.

Contents of revised regulation

(4) A revised regulation shall contain the revised text of the regulation and provisions revoking what is replaced, and may contain provisions making complementary amendments to other regulations and providing for transitional matters.

Deposit of revised statutes

3. (1) When the Chief Legislative Counsel reports to the Lieutenant Governor in Council that a statute has been revised, the Lieutenant Governor in Council may cause a copy of the revised statute, signed by the Chief Legislative Counsel, to be deposited in the office of the Clerk of the Assembly as the official copy of the revised statute.

Coming into force

(2) A revised statute that has been deposited under subsection (1) comes into force on a day to be named by proclamation of the Lieutenant Governor that is not earlier than the day the revised statute is published under section 5.

Effect of revised statute

(3) When a revised statute comes into force, it does so for all purposes as if it were an Act enacted by the Legislature.

Deposit of revised regulations

4. (1) When the Chief Legislative Counsel reports to the Lieutenant Governor in Council that a regulation has been revised, the Lieutenant Governor in Council may cause a copy of the revised regulation, signed by the Chief Legislative Counsel, to be deposited with the Registrar of Regulations as the official copy of the revised regulation.

Conditions deemed satisfied

(2) The deposit of a revised regulation under subsection (1) shall be deemed to satisfy any requirement that the regulation be approved or that it meet any other condition.

Coming into force

(3) A revised regulation that has been deposited under subsection (1) comes into force on the day it is published under section 5 unless a later day is specified in the revised regulation.

Effect of revised regulation

(4) When a revised regulation comes into force, it does so for all purposes as if the revised regulation were made by the appropriate regulation-making authority.

Regulations Act does not apply

(5) The Regulations Act does not apply to a revised regulation.

Publication

5. (1) The Queen's Printer shall ensure that every revised statute deposited under section 3 and every revised regulation deposited under section 4 is published in a printed form.

Same

(2) In addition to any other method of publication that complies with subsection (1), revised statutes may be published in the annual volume of the Statutes of Ontario and revised regulations may be published in The Ontario Gazette.

Evidence

(3) A document that purports to be printed by the Queen's Printer as a revised statute or revised regulation shall be received in evidence, in the absence of evidence to the contrary, as an accurate copy of the revised statute or revised regulation, as the case may be.

Judicial notice

6. Judicial notice shall be taken of every revised statute and revised regulation.

Legal effect of revision

7. A revised statute or revised regulation has effect and shall be interpreted as a consolidation of the law that was contained in the provisions that it replaces.

References

8. After a revised statute or revised regulation comes into force,

(a) a reference in any Act, regulation or other document to any statute or regulation that was replaced by the revision shall be deemed to be a reference to the revised statute or revised regulation, unless the context requires otherwise; and

(b) a reference in any Act, regulation or other document to a particular provision of any statute or regulation that was replaced by the revision shall be deemed to be a reference to the corresponding provision of the revised statute or revised regulation, unless the context requires otherwise.

Bills before Assembly

9. If a bill that is before the Assembly refers to provisions of a statute that is replaced by a revised statute, the Chief Legislative Counsel may cause the bill to be reprinted to refer instead to the corresponding provisions of the revised statute.

Regulations

10. The Lieutenant Governor in Council may make regulations establishing a system for citing revised statutes and revised regulations and for referring to unrepealed and unconsolidated statutes and to unrevoked and unconsolidated regulations.

Commencement

11. This Schedule comes into force on the day the Red Tape Reduction Act, 1998 receives Royal Assent.

Short title

12. The short title of the Act set out in this Schedule is the Statute and Regulation Revision Act, 1998.

SCHEDULE D

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF CITIZENSHIP, CULTURE AND RECREATION

Ministry of Citizenship and Culture Act

1. Section 12 of the Ministry of Citizenship and Culture Act is repealed.

Parks Assistance Act

2. (1) The Parks Assistance Act is repealed.

Transition

(2) Despite subsection (1), section 10 of the Act continues to apply to a band within the meaning of the Indian Act (Canada) or school board that established an approved park under the Act before subsection (1) came into force.

Commencement

3. This Schedule comes into force on the day it receives Royal Assent.

SCHEDULE E

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS

CONTENTS

Acts affected:

Sections:

Lois concernées :

Articles

Athletics Control Act

Bailiffs Act

Boundaries Act

Business Corporations Act

Business Names Act

Business Practices Act

Certification of Titles Act

Change of Name Act

Collection Agencies Act

Consumer Protection Act

Consumer Reporting Act

Corporations Act

Corporations Information Act

Costs of Distress Act

Extra-Provincial Corporations Act

Land Registration Reform Act

Land Titles Act

Limited Partnerships Act

Liquor Licence Act

Loan Brokers Act, 1994

Marriage Act

Mortgages Act

Motor Vehicle Dealers Act

Ontario New Home Warranties Plan Act

Paperback and Periodical Distributors Act

Personal Property Security Act

Real Estate and Business Brokers Act

Registry Act

Repair and Storage Liens Act

Theatres Act

Travel Industry Act

Vital Statistics Act

Commencement

1-4

5-16

17-19

20-32

33-39

40, 41

42-45

46-49

50-53

54, 55

56-58

59-82

83-85

87-92

93-101

102-160

161-165

166-175

176-178

179-182

183

184-186

187-190

191, 192

193-202

203-206

207-264

265-268

269-288

289

290-303

304

Loi sur le contrôle des sports

Loi sur les huissiers

Loi sur le bornage

Loi sur les sociétés par actions

Loi sur les noms commerciaux

Loi sur les pratiques de commerce

Loi sur la certification des titres

Loi sur le changement de nom

Loi sur les agences de recouvrement

Loi sur la protection du consommateur

Loi sur les renseignements concernant le consommateur

Loi sur les personnes morales

Loi sur les renseignements exigés des personnes morales

Loi sur les frais de saisie-gagerie

Loi sur les personnes morales extraprovinciales

Loi portant réforme de l'enregistrement immobilier

Loi sur l'enregistrement des droits immobiliers

Loi sur les sociétés en commandite

Loi sur les permis d'alcool

Loi de 1994 sur les courtiers en prêts

Loi sur le mariage

Loi sur les hypothèques

Loi sur les commerçants de véhicules automobiles

Loi sur le régime de garanties des logements neufs de l'Ontario

Loi sur les distributeurs de livres brochés et de périodiques

Loi sur les sûretés mobilières

Loi sur le courtage commercial et immobilier

Loi sur l'enregistrement des actes

Loi sur le privilège des réparateurs et des entreposeurs

Loi sur les cinémas

Loi sur les agences de voyages

Loi sur les statistiques de l'état civil

Entrée en vigueur

1-4

5-16

17-19

20-32

33-39

40, 41

42-45

46-49

50-53

54, 55

56-58

59-82

83-85

87-92

93-101

102-160

161-165

166-175

176-178

179-182

183

184-186

187-190

191, 192

193-202

203-206

207-264

265-268

269-288

289

290-303

304

______________

Athletics Control Act

1. The definition of "Minister" in section 1 of the Athletics Control Act is repealed and the following substituted:

Minister" means the Minister responsible for the administration of this Act. ("ministre")

2. Section 3 of the Act is repealed and the following substituted:

Commissioner

3. The Deputy Minister shall appoint a person as the Athletics Commissioner.

3. The Act is amended by adding the following section:

Power of Minister

12.1 The Minister may by order require the payment of fees for licences or permits, or a fee or a charge for the holding of an amateur boxing or wrestling contest or exhibition under this Act and may approve the amount of those fees.

4. (1) Clauses 13 (1) (f) and (g) of the Act are repealed.

(2) Despite subsection (1), regulations made under clause 13 (1) (f) or (g) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 12.1 of the Act, as enacted by section 3, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 13 (1) (f) or (g) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 12.1 of the Act, as enacted by section 3, that is inconsistent with those regulations.

Bailiffs Act

5. The definition of "Registrar" in section 1 of the Bailiffs Act is repealed and the following substituted:

Registrar" means the Registrar of Bailiffs. ("registrateur")

6. The Act is amended by adding the following section:

Registrar

2.1 The Minister shall appoint a person as the Registrar of Bailiffs.

7. Subsection 3 (1) of the Act is repealed and the following substituted:

Appointment

(1) No person, other than a person authorized to act as a bailiff under court process, shall act as a bailiff unless appointed by the Minister.

8. (1) Subsection 5 (1) of the Act is amended by striking out "the Costs of Distress Act" in the sixth line and substituting "this Act".

(2) Subsection 5 (2) of the Act is repealed and the following is substituted:

Costs in eviction

(2) For the purposes of subsection (1), section 16.3 applies to costs in an eviction as if these costs were costs in a seizure or repossession.

9. Section 6 of the Act is amended by striking out the portion before clause (a) and substituting the following:

6. A person applying to be appointed as bailiff shall submit an application to the Registrar that states,

. . . . .

10. Section 7 of the Act is repealed.

11. Section 8 of the Act is amended by striking out the portion before clause (a) and substituting the following:

8. The Minister may appoint an applicant as a bailiff if,

. . . . .

12. Clause 9 (a) of the Act is repealed and the following substituted:

(a) has not complied with this Act or the regulations; or

. . . . .

13. Section 12 of the Act is repealed and the following substituted:

Complaints

12. (1) A person may make a complaint against a bailiff to the Registrar.

Investigation

(2) The Registrar shall investigate the complaint.

14. The Act is amended by adding the following sections:

Tariff of costs

16.1 (1) A bailiff shall not charge any costs or fees other than those set out in the prescribed tariff for,

(a) making a distress for rent or a penalty;

(b) making a seizure or sale of goods for default in paying the principal money or interest secured by a chattel mortgage or the interest secured by an instrument under which the vendor retains the right to take possession of a chattel sold by the vendor for default in payment of an instalment of principal or interest.

Same

(2) A bailiff shall not charge any costs or fees referred to in subsection (1) until after the distress, seizure or sale.

No costs

(3) A bailiff shall not charge costs or fees for goods exempted from distress or seizure when they may not be lawfully sold.

Sale of exempted goods

(4) A bailiff shall not charge, for the sale of goods exempted from distress or seizure, a sum greater than $2 plus the actual and necessary payments for possession money.

Right of action not affected

16.2 No person aggrieved by a seizure or sale of goods under a chattel mortgage or by a distress for rent or for default in payment of an instalment of principal or interest secured by an instrument under the terms of which the vendor retains the right to take possession of a chattel sold by the vendor for default in payment of an instalment of principal or interest shall be barred from any action or remedy that the person would have had if this Act had not been passed.

Statement

16.3 (1) A bailiff who is acting under subsection 16.1 (1) shall give,

(a) a statement, in writing, that is signed by the person requesting the distress and that sets out the costs or fees of the distress, to the person on whose goods the distress was made; and

(b) a statement, in writing, that is signed by the person requesting the seizure and that sets out the costs or fees charged in respect of the seizure and subsequent proceedings, to the person in possession of the goods seized.

Assessment of costs of distress

(2) A person whose goods are distrained or seized or the person authorizing the distress or seizure or any other person interested, upon giving two days notice in writing, may have the costs, fees and expenses of the bailiff assessed by the local registrar of the Ontario Court (General Division) for the area in which the distress or seizure was made.

Furnishing bill of costs

(3) A bailiff shall furnish the registrar referred to in subsection (2) with a statement of the costs, fees and expenses for assessment at the time mentioned in the notice or at such other time as the registrar directs, and, in default of so doing, is not entitled to any costs or expenses.

Duty of registrar

(4) On the assessment the registrar shall, among other things, consider the reasonableness of any costs or fees for removal and keeping possession of the goods, and for advertising, or any sums alleged to have been paid for these services, and may examine either party on oath touching the costs.

Fee

(5) A person requiring an assessment shall pay the registrar a fee of 25 cents for the examination under subsection (4).

Appeal

(6) A party to an assessment made under subsection (4) may appeal the assessment to a judge of the Ontario Court (General Division).

15. The Act is amended by adding the following section:

Power of Minister

18.1 The Minister may by order require the payment of fees for applications or other services under this Act and may approve the amount of those fees.

16. (1) Clause 19 (b) of the Act is repealed.

(2) Section 19 of the Act is amended by adding the following clause:

(d) prescribing a tariff of fees and costs payable to bailiffs under this Act or any other Act.

(3) Despite subsection (1), regulations made under clause 19 (b) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 18.1 of the Act, as enacted by section 15, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 19 (b) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 18.1 of the Act, as enacted by section 15, that is inconsistent with those regulations.

Boundaries Act

17. Subsection 9 (2) of the Boundaries Act is amended by striking out "the prescribed fee" in the fifth and sixth lines and substituting "the required fee".

18. The Act is amended by adding the following section:

Minister's orders

20.1 The Minister responsible for the administration of this Act may by order,

(a) require the payment of fees under this Act and specify the amounts of the fees;

(b) specify administrative procedures for the purposes of this Act;

19. (1) Section 21 of the Act is amended by striking out the portion before clause (a) and substituting the following:

(1) The Minister responsible for the administration of this Act may make regulations,

. . . . .

(2) Clauses 21 (d), (f), (h) and (j) of the Act are repealed.

(3) Section 21 of the Act is amended by adding the following subsection:

Director of Land Registration

(2) The Director of Land Registration appointed under the Registry Act may make regulations prescribing forms and providing for their use.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 21 (a), (b), (c), (e), (g), (i), (k) or (l) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes a regulation under subsection 21 (1) of the Act, as amended by this section, that is inconsistent with those regulations.

(5) Despite subsection (2), regulations made under clause 21 (d), (h) or (j) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 20.1 of the Act, as enacted by section 18, that is inconsistent with those regulations.

(6) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 21 (d), (h) or (j) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 20.1 of the Act, as enacted by section 18, that is inconsistent with those regulations.

(7) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 21 (f) of the Act, as that clause read immediately before that subsection comes into force, if the Director of Land Registration makes a regulation under subsection 21 (2) of the Act, as enacted by subsection (3), that is inconsistent with those regulations.

Business Corporations Act

20. Section 12 of the Business Corporations Act is amended by adding the following subsection:

Written hearing

(1.1) A hearing referred to in subsection (1) shall be in writing in accordance with the rules made by the Director under the Statutory Powers Procedure Act.

21. The French version of subsection 116 (4) of the Act is amended by striking out "visant essentiellement le même but" in the eleventh and twelfth lines and substituting "ayant essentiellement le même but ou le même effet".

22. (1) Subsection 125 (5) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is repealed.

(2) Subsection 125 (6) of the Act is repealed.

23. Section 148 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is repealed and the following substituted:

Exemption from audit requirements

148. In respect of a financial year of a corporation, the corporation is exempt from the requirements of this Part regarding the appointment and duties of an auditor if,

(a) the corporation is not an offering corporation; and

(b) all of the shareholders consent in writing to the exemption in respect of that year.

24. Subsection 177 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is further amended by striking out "wholly owned" in the second line, by striking out "and" at the end of clause (a) and by adding the following clause:

(a.1) all of the issued shares of each amalgamating subsidiary corporation are held by one or more of the other amalgamating corporations; and

. . . . .

25. Subsection 184 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(4) The notice of a meeting of shareholders to approve a transaction referred to in subsection (3) shall be sent to all shareholders and shall include or be accompanied by,

. . . . .

26. (1) Subsection 241 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 16, section 2 and 1994, chapter 27, section 71, is repealed and the following substituted:

Same, non-filing

(3) Where a corporation fails to comply with a filing requirement under the Corporations Information Act or fails to pay a fee required under this Act, the Director may give notice in accordance with section 263 to the corporation or by publication once in The Ontario Gazette that an order dissolving the corporation will be issued unless the corporation, within 90 days after the notice is given, complies with the requirement or pays the fee.

(2) 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 immediately before the dissolution, may, in his or her discretion, on such terms and conditions as the Director sees fit to impose, revive the corporation and the corporation, subject to the terms and conditions imposed by the Director and to any rights acquired by any person during the period of dissolution, shall be deemed for all purposes to have never been dissolved.

27. (1) Clause 242 (1) (b) of the Act is repealed and the following substituted:

(b) a civil, criminal or administrative action or proceeding may be brought against the corporation as if the corporation had not been dissolved;

. . . . .

(2) Subsection 242 (1) of the Act is amended by adding "and" at the end of clause (c) and by adding the following clause:

(d) title to land belonging to the corporation immediately before the dissolution remains available to be sold in power of sale proceedings.

(3) Section 242 of the Act is amended by adding the following subsection:

Interpretation

(1.1) In this section and section 244, "

proceeding" includes a power of sale proceeding relating to land commenced pursuant to a mortgage.

(4) Subsection 242 (3) of the Act is repealed and the following substituted:

Notice of action

(3) A person who commences an action, suit or other proceeding against a corporation after its dissolution, shall serve the writ or other document by which the action, suit or other proceeding was commenced, on the Public Guardian and Trustee in accordance with the rules that apply generally to service on a party to an action, suit or other proceeding.

Same, power of sale proceeding

(4) A person who commences a power of sale proceeding relating to land against a corporation after its dissolution shall serve a notice of the proceeding on the Public Guardian and Trustee in accordance with the notice requirements in the Mortgages Act that apply with respect to a person with an interest in the land recorded in the records of the appropriate land registry office.

28. (1) Subsection 244 (2) of the Act is repealed and the following substituted:

Exception

(2) Despite subsection (1), if a judgment is given or an order or decision is made or land is sold in an action, suit or proceeding commenced in accordance with section 242 and the judgment, order, decision or sale affects property belonging to the corporation before the dissolution, unless the plaintiff, applicant or mortgagee has not complied with subsection 242 (3) or (4),

(a) the property shall be available to satisfy the judgment, order or other decision; and

(b) title to the land shall be transferred to a purchaser free of the Crown's interest, in the case of a power of sale proceeding.

(2) Section 244 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is further amended by adding the following subsection:

No notice

(4) Despite subsection (2), if a person commences a power of sale proceeding relating to land before the dissolution of a corporation but the sale of the land is not completed until after the dissolution, the person is not required to serve the notice mentioned in subsection 242 (4) and title to the land may be transferred to a purchaser free of the Crown's interest.

29. Subsection 270 (1) of the Act is amended by striking out "prescribed fee" in first and second lines and substituting "required fee".

30. The Act is amended by adding the following section:

Powers of Minister

271.1 (1) The Minister may make regulations,

(a) prescribing forms for use under this Act and providing for their use; and

(b) prescribing the form and content of any notices or documents that this Act requires to be filed.

Fees

(2) The Minister may by order require the payment of fees for search reports, copies of documents or information, filing of documents or other services under this Act and may approve the amount of those fees.

31. (1) Paragraphs 2, 3 and 4 of section 272 of the Act are repealed.

(2) Despite subsection (1), regulations made under paragraph 2 of section 272 of the Act, as that paragraph read immediately before that subsection comes into force, continue until the Minister makes an order under subsection 271.1 (2) of the Act, as enacted by section 30, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 2 of section 272 of the Act, as that paragraph read immediately before that subsection comes into force, if the Minister makes an order under subsection 271.1 (2) of the Act, as enacted by section 30, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 3 or 4 of section 272 of the Act, as those paragraphs read immediately before that subsection comes into force, if the Minister makes a regulation under subsection 271.1 (1) of the Act, as enacted by section 30, that is inconsistent with those regulations.

32. (1) Subsection 273 (2) of the Act is amended by striking out "prescribed fee" in the sixth line and substituting "required fee".

(2) Clause 273 (4) (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 71, is amended by striking out "prescribed fee" in the third and fourth lines and substituting "required fee".

(3) Subsection 273 (5) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 71, is amended by striking out "prescribed fee" in the fifth line and substituting "required fee".

Business Names Act

33. The Business Names Act is amended by adding the following section:

Extra-provincial limited liability company

2 (1) In this section,

extra-provincial limited liability company" means an unincorporated association, other than a partnership, formed under the laws of another jurisdiction that grants to each of its members limited liability with respect to the liabilities of the association.

Registration

(2) No extra-provincial limited liability company shall carry on business in Ontario unless it has registered its company name.

Use of registered name only

(3) No extra-provincial limited liability company shall carry on business in Ontario under a name other than its registered company name.

Laws of other jurisdiction

(4) The laws of the jurisdiction under which an extra-provincial limited liability company is formed shall govern its organization and internal affairs and the liability of its managers and members.

Service

(5) A person may serve a notice or document on an extra-provincial limited liability company at its Ontario place of business, if any, or its address required to be maintained under the laws of the jurisdiction of formation or its principal office address.

34. (1) Subsection 4 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 72, is repealed and the following substituted:

Registration

(1) Upon payment of the required fee, any person may register a name for the purpose of complying with section 2 or 2.1.

(2) Subsection (3) applies only if Bill 6 (An Act to amend the law with respect to Partnerships, introduced April 28, 1998) receives Royal Assent.

(3) On the later of the day this section comes into force and the day section 9 of Bill 6 comes into force, subsection 4 (1) of the Act, as re-enacted by subsection (1), is amended by adding at the end "or section 44.3 or 44.4 of the Partnerships Act".

35. (1) Subsection 5 (1) of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

(2) Subsection 5 (2) of the Act is amended by striking out "prescribed fee" in the third line and substituting "required fee".

36. Subsection 8 (1) of the Act is amended by repealing the portion before clause (a) and substituting the following:

(1) Upon the payment of the required fee, the Registrar shall issue to any person applying for it,

. . . . .

37. Subsection 10 (1) of the Act is amended by inserting "or 2.1" after "section 2" in the second line.

38. The Act is amended by adding the following section:

Powers of Minister

10.1 The Minister may by order require the payment of fees for registrations, late renewals, search reports, or copies of documents or information, or other services under this Act and may approve the amounts of those fees.

39. (1) Clauses 11 (c) and (h) of the Act are repealed.

(2) Despite subsection (1), regulations made under clause 11 (c) or (h) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 10.1 of the Act, as enacted by section 38, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 11 (c) or (h) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 10.1 of the Act, as enacted by section 38, that is inconsistent with those regulations.

Business Practices Act

40. The Business Practices Act is amended by adding the following section:

Power of Minister

15.1 The Minister may by order require the payment of fees for the inspection of public records maintained under section 5 of the Act and may approve the amount of those fees.

41. (1) Clause 16 (1) (e) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 16 (1) (e) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 15.1 of the Act, as enacted by section 40, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 16 (1) (e) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 15.1 of the Act, as enacted by section 40, that is inconsistent with those regulations.

Certification of Titles Act

42. Subsection 7 (2) of the Certification of Titles Act is amended by inserting ", within 30 days after the date of the decision," after "appeal" in the second line.

43. Subsection 8 (3) of the Act is amended by inserting ", within 30 days after the date of the order," after "appeal" in the third line.

44. The Act is amended by adding the following section:

Minister's orders

19.1 The Minister responsible for the administration of this Act may by order,

(a) require the payment of fees under this Act and specify the amounts of the fees;

(b) specify administrative procedures for the purposes of this Act;

45. (1) Section 20 of the Act is amended by striking out the portion before clause (a) and substituting the following:

20. The Minister responsible for the administration of this Act may make regulations,

. . . . .

(2) Clauses 20 (c), (d), (g) and (h) of the Act are repealed.

(3) Section 20 of the Act is amended by adding the following subsection:

Director of Land Registration

(2) The Director of Land Registration appointed under the Registry Act may make regulations prescribing forms and providing for their use.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 20 (a), (b), (e), (f) or (i) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes a regulation under subsection 20 (1) of the Act, as amended by this section, that is inconsistent with those regulations.

(5) Despite subsection (2), regulations made under clause 20 (c), (g) or (h) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 19.1 of the Act, as enacted by section 44, that is inconsistent with those regulations.

(6) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 20 (c), (g) or (h) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 19.1 of the Act, as enacted by section 44, that is inconsistent with those regulations.

(7) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 20 (d) of the Act, as that clause read immediately before that subsection comes into force, if the Director of Land Registration makes a regulation under subsection 20 (2) of the Act, as enacted by subsection (3), that is inconsistent with those regulations.

Change of Name Act

46. Subsection 3 (3) of the Change of Name Act is amended by striking out "the prescribed fee" in the second and third lines and substituting "the required fee".

47. Subsection 7 (1) of the Act is amended by striking out "the prescribed fee" in the third and fourth lines and substituting "the required fee".

48. The Act is amended by adding the following section:

Power of Registrar General

12.1 The Registrar General may by order set and collect fees for,

(a) elections under subsection 3 (1) made at the time of marriage or at the time of filing a joint declaration;

(b) elections under subsection 3 (2) and elections under subsection 3 (1) made after the time of marriage or after the time of filing a joint declaration;

(d) any other services that the Registrar General provides under this Act.

49. (1) Clauses 13 (b), (c) and (e) of the Act are repealed.

(2) Despite subsection (1), regulations made under clause 13 (b), (c) or (e) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Registrar General makes an order under section 12.1 of the Act, as enacted by section 48, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 13 (b), (c) or (e) of the Act, as those clauses read immediately before that subsection comes into force, if the Registrar General makes an order under section 12.1 of the Act, as enacted by section 48, that is inconsistent with those regulations.

Collection Agencies Act

50. Subsection 3 (1) of the Collection Agencies Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar of Collection Agencies.

51. Subsection 8 (8) of the Act is amended by striking out "prescribed fee" in the fourth and fifth lines and substituting "required fee".

52. The Act is amended by adding the following section:

Power of Minister

29.1 The Minister may by order require the payment of fees for applications of registrations or renewal of registration under this Act and may approve the amount of those fees.

53. (1) Clause 30 (c) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 30 (c) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 29.1 of the Act, as enacted by section 52, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 30 (c) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 29.1 of the Act, as enacted by section 52, that is inconsistent with those regulations.

Consumer Protection Act

54. The definition of "credit" in section 1 of the Consumer Protection Act is amended by striking out the portion after clause (b) and substituting the following:

but does not include credit given on the security of a mortgage of real property. ("crédit")

55. Clause 40 (g) of the Act is repealed and the following substituted:

(g) prescribing the form of statements of the cost of borrowing.

Consumer Reporting Act

56. Subsection 2 (1) of the Consumer Reporting Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar of Consumer Reporting Agencies.

57. The Act is amended by adding the following section:

Power of Minister

24.1 The Minister may by order require the payment of fees for an application for registration or a renewal of registration under this Act and may approve the amount of those fees.

58. (1) Clause 25 (c) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 25 (c) of the Act, as that clause read immediately before that subsection comes into force, continue in force until the Minister makes an order under section 24.1 of the Act, as enacted by section 57, that is inconsistent with the regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 25 (c) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 24.1 of the Act, as enacted by section 57, that is inconsistent with those regulations.

Corporations Act

59. Subsection 13 (2) of the Corporations Act is repealed and the following substituted:

Change of name

(2) If a corporation, through inadvertence or otherwise, has acquired a name that is objectionable, the Minister may, after giving the corporation an opportunity to be heard, issue supplementary letters patent changing the name of the corporation to the name specified in the supplementary letters patent.

Written hearing

(2.1) A hearing under subsection (2) shall be in writing in accordance with rules made by the Minister under the Statutory Powers Procedure Act.

60. Subsection 21 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding at the end "if it has a seal".

61. Subsection 34 (7) of the Act is repealed.

62. (1) Section 80 of the Act is amended by inserting "and officer" after "director" in the first line.

(2) The French version of clause 80 (a) of the Act is amended by inserting "ou ce dirigeant" after "administrateur" in the second line.

63. The Act is amended by adding the following section:

Exemption from annual audit

96.1 In respect of a financial year of a company, the company is exempt from the requirements of this Part regarding the appointment and duties of an auditor, if

(a) the company is not a public company;

(b) the annual income of the company is less than $10,000; and

64. Subsection 113 (3) of the Act is amended by striking out "under the corporate seal thereof" at the end.

65. Section 119 of the Act is amended by adding the following subsection:

Exception

(3) Subsection (2) does not apply to a provision providing for the election and retirement of directors in accordance with subsection 287 (2) or (5).

66. Clause 130 (1) (a) of the Act is repealed and the following substituted:

(a) the division of its members into groups that are composed of territorial groups, common interest groups or both territorial and common interest groups.

67. Subsection 131 (5) of the Act is repealed.

68. Subsections 132 (3) and (4) of the Act are repealed.

69. (1) Subsection 133 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 78, is further amended by striking out "section 96" in the fourth line and substituting "sections 96 and 96.1".

(2) Section 133 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 78, is further amended by adding the following subsection:

Exemptions

(2.1) Despite subsection (1), sections 80 and 96.1 do not apply to a corporation referred to in subsection 1 (2) of the Charities Accounting Act.

70. Subsection 159 (1) of the Act is amended by striking out "two" in the third line and substituting "three".

71. (1) Subsection 161 (1) of the Act is amended by striking out "and shall be published" in the fourth line and substituting "or shall be published".

(2) Subsection 161 (3) of the Act is repealed and the following substituted:

Annual statement

(3) The directors shall, at least seven days before the day of the annual meeting, send to each member by mail or publish in a newspaper published at or near the place where the head office is located the annual statement for the year ending on the previous December 31.

Form of annual statement

(4) The annual statement shall be certified by the auditors and shall be in the form prescribed by the regulations made under section 105 of the Insurance Act.

72. Subsections 277 (4) and (5) of the Act are repealed.

73. Section 279 of the Act is repealed and the following substituted:

Seal

279. A corporation may, but need not, have a corporate seal.

74. (1) Subsection 283 (3) of the Act is amended by inserting "and subsection (3.1)" after "subsection 298 (1)" in the first line.

(2) Section 283 of the Act is amended by adding the following subsections:

Means of meetings

(3.1) Unless the by-laws otherwise provide, if all the directors of a corporation present at or participating in the meeting consent, a meeting of directors or of a committee of directors may be held by such telephone, electronic or other communication facilities as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, and a director participating in the meeting by those means is deemed for the purposes of this Act to be present at the meeting.

. . . . .

Purchase of liability insurance

(5) Subject to subsection (6), a corporation may purchase and maintain insurance for a director or officer of the corporation against any liability incurred by the director or officer, in the capacity as a director or officer of the corporation, except where the liability relates to the person's failure to act honestly and in good faith with a view to the best interests of the corporation.

Charitable corporation

(6) A corporation referred to in subsection 1 (2) of the Charities Accounting Act may not purchase insurance described in subsection (5) unless,

(a) the corporation complies with the Charities Accounting Act or a regulation made under that Act that permits the purchase; or

(b) the corporation or a director or officer of the corporation obtains a court order authorizing the purchase.

75. Subsections 285 (2) and (3) of the Act are repealed.

76. (1) Subsection 287 (2) of the Act is amended by striking out "letters patent or supplementary letters patent" in the first and second lines and substituting "by-laws".

(2) Subsection 287 (5) of the Act is amended by striking out "letters patent or supplementary letters patent" in the first and second lines and substituting "by-laws".

77. (1) Subsection 298 (1) of the Act is amended by striking out "during a corporation's first year of existence" in the second and third lines.

(2) Subsection 298 (2) of the Act is amended by striking out "during the corporation's first year of existence" in the first and second lines.

78. Subsection 304 (3) of the Act is repealed and the following substituted:

Exemption

(3) A corporation may keep any of the records mentioned in subsection (1) at a place other than the head office of the corporation if the records are available for inspection during regular office hours at the head office by means of a computer terminal or other electronic technology.

79. Section 318 of the Act is repealed and the following substituted:

Continuation of existence for particular purpose

318. (1) Despite the dissolution of a corporation under this Act,

(a) a civil, criminal or administrative action or proceeding commenced by or against the corporation before its dissolution may be continued as if the corporation had not been dissolved;

(b) a civil, criminal or administrative action or proceeding may be brought against the corporation as if the corporation had not been dissolved;

(c) any property that would have been available to satisfy any judgment or order if the corporation had not been dissolved remains available for such purpose; and

(d) title to land belonging to the corporation immediately before its dissolution remains available to be sold in power of sale proceedings.

Interpretation

(2) In this section and section 322, "

proceeding" includes a power of sale proceeding relating to land commenced pursuant to a mortgage.

Service of process

(3) For the purposes of this section, the service of any process on a corporation after its dissolution shall be deemed to be sufficiently made if it is made upon any person shown on the records of the Ministry as being a director or officer of the corporation immediately before the dissolution.

Notice of action

(4) A person who commences an action, suit or proceeding against a corporation after its dissolution, shall serve the writ or other document commencing the action, suit or proceeding, on the Public Guardian and Trustee in accordance with the rules that apply generally to service on a party to an action, suit or proceeding.

Notice of power of sale proceeding

(5) A person who commences a power of sale proceeding relating to land against a corporation after its dissolution shall serve a notice of the proceeding on the Public Guardian and Trustee in accordance with the notice requirements in the Mortgages Act that apply with respect to a person with an interest in the land recorded in the records of the appropriate land registry office.

80. Section 322 of the Act is repealed and the following substituted:

Forfeiture of undisposed property

322. (1) Any property of a corporation that has not been disposed of at the date of its dissolution is immediately on the dissolution forfeit to and vests in the Crown.

Exception

(2) Despite subsection (1), if a judgment is given or an order or decision is made or land is sold in an action, suit or proceeding commenced in accordance with section 318 and the judgment, order, decision or sale affects property belonging to the corporation before its dissolution, unless the plaintiff, applicant or mortgagee has not complied with subsection 318 (4) or (5),

(a) the property shall be available to satisfy the judgment, order or other decision; and

(b) title to the land shall be transferred to a purchaser free of the Crown's interest, in the case of a power of sale proceeding.

No notice

(3) Despite clause (2) (b), a person who commences a power of sale proceeding relating to land before the dissolution of a corporation but the sale of the land was not completed until after the dissolution, is not required to serve the notice mentioned in subsection 318 (5) and title to the land may be transferred to a purchaser free of the Crown's interest.

81. The Act is amended by adding the following section:

Powers of Minister

326.1 (1) The Minister may make regulations prescribing the form and content of letters patent, supplementary letters patent, or other documents or notices that this Act requires to be filed.

Fees

(2) The Minister may by order require the payment of fees and approve the amount of the fees to be paid under this Act for,

(a) the filing of letters patent, supplementary letters patent and other documents or other services; and

(b) search reports, copies of documents and information, or other services.

82. (1) Clause 327 (a) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 327 (a) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under subsection 326.1 (2) of the Act, as enacted by section 81, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 327 (a) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under subsection 326.1 (2) of the Act, as enacted by section 81, that is inconsistent with those regulations.

Corporations Information Act

83. Section 10 of the Corporations Information Act is repealed and the following substituted:

Examination by public

10. (1) On payment of the required fee, any person is entitled to examine the record of any document filed under section 2, 3, 3.1, 4, 6 or 7 or any predecessor of those sections, and to make extracts from it.

Copies

(2) On payment of the required fee, the Minister shall furnish any person with a certified copy of the contents of any document filed under section 2, 3, 3.1, 4, 6 or 7 or any predecessor of those sections.

84. The Act is amended by adding the following section:

Powers of Minister

21.1 The Minister may by order require the payment of fees for search reports and copies of documents and information, or other services under this Act and may approve the amount of those fees.

85. (1) Clause 22 (b) of the Act is repealed.

(2) Clause 22 (e) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 43, is repealed and the following substituted:

(e) prescribing the information required by subsections 2 (1) and 3 (1) and section 3.1.

(3) Clause 22 (f) of the Act is repealed.

(4) Despite subsections (1) and (3), regulations made under clause 22 (b) or (f) of the Act, as those clauses read immediately before those subsections come into force, continue until the Minister makes an order under section 21.1 of the Act, as enacted by section 84, that is inconsistent with those regulations.

(5) Despite subsections (1) and (3), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 22 (b) or (f) of the Act, as those clauses read immediately before those subsections come into force, if the Minister makes an order under section 21.1 of the Act, as enacted by section 84, that is inconsistent with those regulations.

Costs of Distress Act

86. (1) The Costs of Distress Act is repealed.

(2) Despite subsection (1), regulations made under section 7 of the Act, as that section read immediately before that subsection comes into force, continue until the Lieutenant Governor in Council makes a regulation under clause 19 (d) of the Bailiffs Act, as enacted by subsection 16 (2), that is inconsistent with those regulations.

Extra-Provincial Corporations Act

87. Subsection 5 (1) of the Extra-Provincial Corporations Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

88. Clause 7 (3) (a) of the Act is repealed and the following substituted:

(a) failure to pay any required fee.

89. Section 11 of the Act is amended by adding the following subsection:

Written hearing

(1.1) A hearing under subsection (1) shall be in writing in accordance with rules made by the Director under the Statutory Powers Procedures Act.

90. Section 16 of the Act is amended by striking out the portion before clause (a) and substituting the following:

16. The Director shall, on payment of the required fee, issue a certificate certifying,

. . . . .

91. The Act is amended by adding the following section:

Powers of Minister

24.1 (1) The Minister may make regulations,

(a) prescribing forms for use under this Act and providing for their use;

(b) prescribing the form and content of any documents to be filed under this Act.

Fees

(2) The Minister may by order require the payment of fees for search reports and copies of documents and information, or other services under this Act and may approve the amount of those fees.

92. (1) Clauses 25 (a) and (b) of the Act are repealed.

(2) Despite subsection (1), regulations made under clause 25 (a) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under subsection 24.1 (2) of the Act, as enacted by section 91, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 25 (a) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under subsection 24.1 (2) of the Act, as enacted by section 91, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 25 (b) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes a regulation under subsection 24.1 (1) of the Act, as enacted by section 91, that is inconsistent with those regulations.

Land Registration Reform Act

93. Section 2 of the Land Registration Reform Act is repealed and the following substituted:

Application of Part

2. This Part applies to documents affecting or relating to land in Ontario.

94. Subsection 7 (7) of the Act is repealed.

95. Subsection 8 (4) of the Act is amended by striking out "at the prescribed fee" in the third and fourth lines and substituting "upon payment of the required fee".

96. The Act is amended by adding the following section:

Minister's orders

13.1 The Minister responsible for the administration of this Act may by order require the payment of fees under subsection 8 (4) and specify the amount of the fees.

97. (1) Section 14 of the Act is repealed and the following substituted:

Regulations

14. (1) The Minister responsible for the administration of this Act may make regulations,

(a) prescribing standard charge terms for the purpose of subsection 7 (5);

(b) prescribing the form and manner in which sets of standard charge terms are to be filed with the Director under subsection 8 (1) and are to be made available for public inspection and copying;

(d) prescribing the form and manner in which statements in documents are to be made;

(e) prescribing the manner in which a party to a document registered under the Land Titles Act or the Registry Act may notify the land registrar of changes in the party's address for service;

(f) authorizing the Director to issue instructions for the completion and execution of documents;

(g) authorizing the Director to approve forms prescribed under subsection (2) and prohibiting the registration of documents in forms prescribed under subsection (2) that are not approved by the Director.

Regulations made by Director

(2) The Director may make regulations prescribing forms for transfers, charges, discharges and other documents to be registered under the Land Titles Act or the Registry Act, or deposited under Part II of the Registry Act.

(2) Despite subsection (1), the Minister responsible for the administration of the Act may by regulation revoke regulations made under clause 14 (a) of the Act, as that clause read immediately before that subsection comes into force.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 14 (b), (c), (d), (e), (f), (h), (i) or (j) of the Act, as those clauses read immediately before that subsection comes into force, if,

(a) the Minister makes a regulation under subsection 14 (1) of the Act, as re-enacted by subsection (1), that is inconsistent with those regulations; or

(b) the Director makes a regulation under subsection 14 (2) of the Act, as enacted by subsection (1), that is inconsistent with those regulations.

(4) Despite subsection (1), regulations made under clause 14 (g) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 13.1 of the Act, as enacted by section 96, that is inconsistent with those regulations.

(5) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 14 (g) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 13.1 of the Act, as enacted by section 96, that is inconsistent with those regulations.

98. Section 15 of the Act is repealed and the following substituted:

Designated areas

15. The Minister responsible for the administration of this Act may by regulation designate all or any part of land in Ontario for the purpose of implementing a system of automated information recording and retrieval and property mapping.

99. Subsection 16 (1) of the Act is amended by striking out "prescribed" in the second line and substituting "specified".

100. (1) Section 19 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 85, is amended by striking out "Lieutenant Governor in Council" in the fifth line and substituting "Minister responsible for the administration of this Act".

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under section 19 of the Act, as that section read immediately before subsection (1) comes into force, if the Minister makes a regulation under section 19 of the Act, as amended by subsection (1), that is inconsistent with those regulations.

101. (1) Subsection 30 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 85, is amended by striking out the portion before clause (a) and substituting the following:

(1) The Minister responsible for the administration of this Act may make regulations,

. . . . .

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 30 (1) of the Act, as that subsection read immediately before subsection (1) comes into force, if the Minister makes a regulation under subsection 30 (1) of the Act, as amended by subsection (1), that is inconsistent with those regulations.

Land Titles Act

102. The definition of "regulations" in section 1 of the Land Titles Act is repealed and the following substituted:

regulations" means the regulations made under this Act and paragraph 7 of subsection 102 (1) or section 103 of the Registry Act. ("règlements")

103. Subsection 3 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may by regulation,

. . . . .

104. Subsection 4 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(1) The Minister may by regulation,

. . . . .

105. Section 5 of the Act is repealed and the following substituted:

Representatives of land registrars

5. A land registrar appointed for a land titles division may appoint public servants within the meaning of the Public Service Act as representatives of the land registrar, to whom the land registrar may delegate the powers and duties under this Act that the land registrar specifies.

106. Section 8 of the Act is amended by striking out "the Lieutenant Governor in Council" in the ninth and tenth lines and substituting "the Minister".

107. Section 9 of the Act is repealed and the following substituted:

Director of Titles

9. (1) The Director of Land Registration may appoint a public servant within the meaning of the Public Service Act who is a barrister and solicitor to be the Director of Titles.

Representatives

(2) The Director of Titles 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 or any other Act that the Director specifies.

108. (1) Subsection 10 (2) of the Act is repealed.

(2) Subsection 10 (4) of the Act is repealed and the following substituted:

Place for hearing

(4) A hearing held under this Act may be held at the local land registry office, the office of the Director of Titles or some other location in Ontario that the hearing officer chooses, having regard to the circumstances of the case.

(3) Subsection 10 (7) of the Act is amended by striking out "prescribed" at the end and substituting "required".

109. Section 13 of the Act is repealed.

110. (1) Subsection 14 (1) of the Act is repealed and the following substituted:

Examiner of surveys

(1) There shall be an examiner of surveys whom the Director of Land Registration appointed under the Registry Act shall appoint.

(2) Subsection 14 (3) of the Act is amended by striking out "prescribed by the Lieutenant Governor in Council" in the seventh, eighth and ninth lines and substituting "otherwise required".

111. Section 15 of the Act is amended by striking out "Deputy Director of Titles" in the third and fourth lines and substituting "representative".

112. Section 17 of the Act is repealed.

113. Section 18 of the Act is repealed and the following substituted:

Office hours

18. (1) Every land registry office shall be kept open, for the hours that the Director of Land Registration by order specifies, on every day except,

(a) Saturday;

(b) Sunday;

(d) a day that the Director by order specifies.

Extension of time

(2) A day described in clauses (1) (a), (b), (c) or (d) shall be deemed to be a holiday for the purpose of clause 28 (i) of the Interpretation Act.

Registration of instruments

(3) The Director of Land Registration may by order specify the hours during which instruments may be received for registration; no instruments may be received for registration outside those hours except if,

(a) the Director by order specifies that instruments may be received for registration outside those hours; and

(b) the registrations are made in accordance with the conditions, if any, set out in the Director's order mentioned in clause (a).

Different hours

(4) The hours that the Director of Land Registration specifies under subsection (3) for receiving instruments for registration may be different from the hours that the Director specifies under subsection (1) for the opening of a land registry office.

Services when no registrations

(5) The Director of Land Registration may by order specify the services to be provided at land registry offices before or after the hours within which instruments are received for registration.

Scope of orders

(6) An order that the Director of Land Registration makes under this section may be limited to one or more land registry offices for one or more land titles divisions.

Not regulations

(7) An order that the Director of Land Registration makes under this section is not a regulation within the meaning of the Regulations Act.

114. Subsection 20 (1) of the Act is amended by striking out "under the seal of his or her office" in the second and third lines.

115. Section 22 of the Act is amended by striking out "officer" in the first line and substituting "representative".

116. Subsection 23 (2) of the Act is repealed.

117. Section 26 of the Act is repealed and the following substituted:

Appeal to court

26. A party to a hearing held under this Act may appeal the decision or order of the Director of Land Registration, Director of Titles or land registrar to the court within 30 days of the date of the decision or order, as the case may be, and the appeal shall be by way of a new trial.

118. Section 27 of the Act is amended by striking out "the prescribed time" in the fourth line and substituting "30 days of the date of the decision".

119. The French version of subsection 30 (1) of the Act is amended by striking out "droit de propriété" in the fifth line and substituting "domaine".

120. (1) Subsection 31 (5) of the Act is amended by striking out "The Lieutenant Governor in Council" in the first line and substituting "The Minister".

(2) Subsection 31 (6) of the Act is amended by striking out "the Director of Land Registration" in the second and third lines and substituting "the Minister".

121. (1) Subsection 32 (1) of the Act is amended by adding "or the orders made under subsection (4)" after "regulations" in the third line.

(2) Subsection 32 (4) of the Act is repealed and the following substituted:

Orders governing registration

(4) The Director of Land Registration may make orders governing the registration of land under subsection (1) and the procedure to be followed in connection with the registration, including the notices to be given to owners and encumbrancers.

Not regulations

(5) An order made by the Director of Land Registration under subsection (4) is not a regulation within the meaning of the Regulations Act.

(3) Despite subsection (2), regulations made under subsection 32 (4) of the Act, as it read immediately before subsection (2) comes into force, continue until the Director of Land Registration makes an order under subsection 32 (4) of the Act, as re-enacted by subsection (2), that is inconsistent with those regulations.

(4) Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 32 (4) of the Act, as it read immediately before subsection (2) comes into force, if the Director of Land Registration makes an order under subsection 32 (4) of the Act, as re-enacted by subsection (2), that is inconsistent with those regulations.

122. Section 35 of the Act is repealed and the following substituted:

Entry of writs against patentee

35. Upon making an entry of ownership for land granted to a patentee, the land registrar shall, unless the land is free grant or otherwise exempt from execution,

(a) search against the patentee for writs of execution and other liens in the electronic database that the sheriff, who has territorial jurisdiction for the land titles division where the land registrar made the entry, maintains for writs of execution and liens; and

(b) make an entry against the land of the writs of execution and other liens, if any, affecting the land.

123. Subsection 46 (2) of the Act is repealed and the following substituted:

Application for absolute title

(2) The registered owner of land with a qualified title may apply to the land registrar to be registered as owner of the land with an absolute title.

Forms and procedure

(3) The applicant shall complete the prescribed forms for the application and comply with the procedure that the Director of Titles specifies.

Hearing

(4) The Director of Titles may hear and determine the objections, if any, to the application.

Time of registration

(5) The land registrar shall not grant an application under subsection (2) unless all objections have been withdrawn or have been finally disposed of and,

(a) the Director of Titles is satisfied that the estate, right or interest in respect of which the title is qualified is no longer capable of enforcement; or

(b) the Director of Titles is prepared to accept a bond or covenant from the applicant in accordance with section 55.

124. Subsection 47 (3) of the Act is amended by striking out "the prescribed fees" in the fifth line and substituting "the required fees".

125. Subsection 57 (10) of the Act is amended by striking out "twenty" in the fifth line and substituting "30".

126. Section 63 of the Act is amended by striking out "or administrator" in the third line and substituting "administrator or estate trustee".

127. (1) Subsection 64 (3) of the Act is amended by striking out "an affidavit" in the sixth line and substituting "a statement".

(2) Subsection 64 (4) of the Act is amended by striking out "an affidavit" in the fourth line and substituting "a statement".

128. Subsection 70 (2) of the Act is repealed and the following substituted:

Registration

(2) A power of attorney or a notarial or certified copy of it may be registered in the prescribed manner.

129. Section 71 of the Act is amended by adding the following subsection:

Agreement of purchase and sale

(1.1) An agreement of purchase and sale or an assignment of that agreement shall not be registered, but a person claiming an interest in registered land under that agreement may register a caution under this section on the terms specified by the Director of Titles.

130. Section 76 of the Act is amended by striking out "prescribed" in the fifth line and substituting "specified".

131. (1) Subsection 78 (1) of the Act is repealed and the following substituted:

Particulars of registration

(1) A land registrar who receives and accepts an instrument for registration shall number it consecutively in the order of receiving it and shall note on it the particulars of registration in the required manner.

Simultaneous receipt

(1.1) A land registrar who receives, at the same time, two or more instruments that affect the same land and that are capable of registration shall register them in the order requested by the person presenting them for registration.

(2) The English version of subsection 78 (2) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "of time" in the third line.

(3) Subsection 78 (3) of the Act is repealed and the following substituted:

When registration complete

(3) Registration of an instrument is complete when the land registrar has certified the instrument and its entry in the proper register in the required manner, and the instrument shall be deemed to have been registered on the day that the land registrar received it and in the order that the land registrar entered it in the proper register.

(4) Subsection 78 (5) of the Act is amended by striking out "time of registration" in the last line and substituting "order of their registration".

132. Section 79 of the Act is repealed.

133. (1) Subclause 81 (a) (ii) of the Act is repealed and the following substituted:

(ii) that contains or has attached to it material that does not, in the land registrar's opinion, affect or relate to an interest in land; and

. . . . .

(2) Clause 81 (b) of the Act is repealed and the following substituted:

(b) refrain from recording a part of a registered instrument where the part of the instrument does not, in the land registrar's opinion, affect or relate to an interest in land.

134. (1) Subsection 85 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may make regulations,

. . . . .

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 85 (2) of the Act, as it read immediately before subsection (1) comes into force, if the Minister makes a regulation under subsection 85 (2) of the Act, as amended by subsection (1), that is inconsistent with those regulations.

135. (1) Subsection 93 (2) of the Act is repealed and the following substituted:

Statement of principal

(2) A charge that secures the payment of money shall state the amount of the principal sum that it secures.

(2) Subsection 93 (4) of the Act is amended by inserting "estate trustees" after "administrators" in the second line and by striking out "or administrators" in the fifteenth line and substituting "administrators or estate trustees".

(3) Subsection 93 (5) of the Act is amended by striking out "upon the authorization of the parties thereto or their solicitors" in the third, fourth and fifth lines.

(4) Subsections 93 (6) and (7) of the Act are repealed.

136. (1) Sections 94, 95, 96, 97 and 98 of the Act are repealed.

(2) Despite subsection (1), sections 94, 95, 96 and 97 of the Act, as they read immediately before that subsection comes into force, continue to apply to a charge of registered land that was executed,

(a) before September 6, 1984, in the case of land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of land elsewhere in Ontario.

137. (1) Subsection 99 (1) of the Act is amended by striking out "upon production of evidence satisfactory to the land registrar" in the third and fourth lines and substituting "upon registering the evidence specified by the Director of Titles".

(2) Section 99 of the Act is amended by adding the following subsection:

Compliance with Mortgages Act

(1.1) The evidence specified by the Director of Titles under subsection (1) is conclusive evidence of compliance with Part III of the Mortgages Act and, where applicable, with Part II of that Act and, upon registration of a transfer under that subsection, is sufficient to give a good title to the purchaser.

138. Subsection 102 (1) of the Act is amended by striking out "the prescribed manner" in the eleventh line and substituting "the required manner".

139. Subsection 103 (1) of the Act is amended by striking out "the prescribed manner" in the sixth and seventh lines and substituting "the required manner".

140. The French version of subsection 105 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "droit de propriété" in the fourth line and substituting "domaine".

141. (1) Section 110 of the Act is repealed.

(2) Despite subsection (1), subsection 110 (1) of the Act, as it read immediately before that subsection (1) of this section comes into force, continues to apply to a transfer of registered leasehold land that was executed,

(a) before September 6, 1984, in the case of land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of land elsewhere in Ontario.

142. (1) Subsections 111 (4) and (5) of the Act are repealed and the following substituted:

Documents to deliver

(4) The applicant shall deliver to the land registrar,

(a) a notice of the lease or agreement setting out the particulars of it;

(b) a notice accompanied by the lease or agreement; or

Effect of registration

(5) When notice of a lease or an agreement for lease is registered in respect of land, every registered owner of the land and every person deriving title through the registered owner, except owners of encumbrances registered before the registration of the notice, shall be deemed to have knowledge of the document that the applicant delivered to the land registrar under subsection (4) as an encumbrance on the land.

(2) Subsection 111 (6) of the Act is amended by adding the following clause:

(a.1) an amendment of the lease.

143. Sections 113, 114, 115, 116 and 117 of the Act are repealed.

144. Subsection 118 (3) of the Act is amended by striking out "as are prescribed" in the fourth line and substituting "that are required".

145. The French version of section 119.1 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:

Avis concernant le douaire

119.1 Le registrateur, s'il est convaincu que la demande d'un domaine sur un bien-fonds en vertu du douaire, présentée de la façon prescrite, est fondée, enregistre un avis du domaine rédigé selon la formule prescrite. Le domaine enregistré constitue une sûreté enregistrée et a effet en conséquence.

146. Section 121 of the Act is repealed and the following substituted:

Transmission on death of owner

121. On the death of the sole registered owner or of the survivor of several joint registered owners of leasehold land or of a charge, the executor, administrator or estate trustee of the deceased is entitled to be registered as owner in the place of the deceased.

147. Subsection 126 (1) of the Act is amended by inserting "estate trustee" after "administrator" in the third line.

148. (1) Subsection 127 (1) of the Act is repealed and the following substituted:

Registration of devisees, etc.

(1) A person claiming to be entitled to freehold or leasehold land, or to an interest in it capable of being registered, or to a charge as devisee, heir, executor, administrator or estate trustee of a person who might have been registered under section 66, or a person claiming through the person claiming to be so entitled may apply to be registered as owner of the land, interest or charge and, if no conflicting registration has been made, may be so registered subject to section 66 and this section.

(2) The English version of subsection 127 (2) of the Act is amended by striking out "or administrator" in the eleventh line and substituting ", administrator or estate trustee".

149. (1) Subsections 128 (4) and (5) of the Act are repealed and the following substituted:

Expiry

(4) A caution registered under this section after section 149 of Schedule E of the Red Tape Reduction Act, 1998 comes into force ceases to have effect 60 days from the date of its registration and may not be renewed.

(2) Subsection 128 (4) of the Act, as enacted by subsection (1), is amended by striking out "after section 149 of Schedule E of the Red Tape Reduction Act, 1998 comes into force" and substituting "on or after" followed by the date that section 149 comes into force.

150. (1) Subsections 129 (2), (3) and (4) of the Act are repealed and the following substituted:

Notice of caution

(2) After registering a caution, the cautioner shall serve a copy of the caution and a notice containing the particulars of its registration on the registered owner of the land and all other persons having an interest in the land or the charge against which the caution was registered.

Application

(3) In the case of a caution registered before section 149 of Schedule E of the Red Tape Reduction Act, 1998 comes into force, the registered owner of the land or any other person having an interest in the land or the charge against which the caution was registered is entitled, on application to the land registrar, to have the land registrar delete the entry of the caution from the register if the applicant has served a notice of the application on the cautioner at least 60 days before making the application.

(2) Subsection 129 (3) of the Act, as re-enacted by subsection (1), is amended by striking out "section 149 of Schedule E of the Red Tape Reduction Act, 1998 comes into force" and substituting the date that section 149 comes into force.

(3) Subsection 129 (7) of the Act is repealed and the following substituted:

Deletion from register

(7) A land registrar shall delete the entry of a caution from the register as soon as practicable when,

(a) the caution ceases to have effect; or

(b) the land registrar receives a withdrawal of the caution in the prescribed form.

151. (1) Section 134 of the Act is repealed.

(2) A caution registered under section 71, 128 or 134 of the Act or a predecessor of those sections before subsection (1) and sections 129 and 149 of Schedule E of the Red Tape Reduction Act, 1998 come into force ceases to have effect,

(a) five years from the date that subsection (1) and sections 129 and 149 come into force, if the date that the caution ceases to have effect is not specified in the caution or by subsection 128 (4) of the Act, as it read immediately before section 149 comes into force; or

(b) if there is a date specified in the caution or by subsection 128 (4) of the Act, as it read immediately before section 149 comes into force, the earlier of that date and five years from the date of registration of the caution.

152. (1) Subsections 136 (1), (2), (3), (4) and (5) of the Act are repealed and the following substituted:

Notice of executions

(1) Despite section 3 of the Bail Act and subsection 18 (4) of the Legal Aid Act, a sheriff to whom a writ of execution, a renewal of a writ of execution or a certificate of lien under either of those Acts is directed shall, upon receiving from or on behalf of the judgment creditor the required fee and instructions to do the actions described in clauses (a) and (b), forthwith,

(a) enter the writ, renewal or certificate of lien, as the case may be, in the electronic database that the sheriff maintains for writs of execution;

(b) indicate in the electronic database that the writ, renewal or certificate of lien, as the case may be, affects land governed by this Act;

(c) assign a number in the electronic database consecutively to each writ, renewal and certificate of lien in the order of receiving it;

(d) note in the electronic database the date of receiving each writ, renewal and certificate of lien; and

(e) give the land registrar of each land titles division wholly or partially within the sheriff's territorial jurisdiction access to the electronic database.

When land is bound

(2) No registered land is bound by any writ of execution, renewal or certificate of lien mentioned in subsection (1) until the sheriff has complied with that subsection.

Transfer void

(3) No sale or transfer under a writ of execution or certificate of lien mentioned in subsection (1) is valid as against a person purchasing for valuable consideration before the sheriff has complied with that subsection, although the purchaser may have had notice of the writ or certificate of lien, as the case may be.

(2) Subsections 136 (6) and (7) of the Act are repealed and the following substituted:

Different name on writ

(6) A writ of execution or certificate of lien mentioned in subsection (1) has no effect under this Act if it is issued against the registered owner under a different name from that under which the owner is registered.

Where writ not binding

(7) A writ of execution, renewal or certificate of lien mentioned in subsection (1) does not bind land being transferred or charged as against the transferee or chargee if the land registrar,

(a) decides that the name of the execution debtor appearing in the writ, renewal or certificate of lien, as the case may be, and the name of the registered owner as it appears in the records of the land registry office of the land registrar do not represent the same person; and

(b) does one of the following:

1. Issues a certificate to the effect that the land registrar has made the decision described in clause (a).

2. In the case of a transfer, registers the transfer free of the writ, renewal or certificate of lien, as the case may be.

(3) Subsection 136 (9) of the Act is repealed.

153. (1) Subsection 141 (2) of the Act is amended by striking out "prescribed" in the second line and substituting "required".

(2) Subsection 141 (3) of the Act is repealed and the following substituted:

Property maps

(3) The Director shall, in the required manner, prepare property maps showing all properties and prepare all other maps as are required.

(3) Subsection 141 (4) of the Act is amended by striking out "prescribed" in the second line and substituting "required".

(4) Subsection 141 (5) of the Act is amended by striking out "prescribed" in the first and second lines and substituting "required".

(5) Subsection 141 (6) of the Act is repealed and the following substituted:

Other indexes and records

(6) The land registrar shall, in the required manner, maintain all other indexes and records as are required.

(6) Subsection 141 (7) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "prescribed" in the third line and substituting "required".

154. (1) Subsection 142 (1) of the Act is repealed.

(2) Clause 142 (3) (b) of the Act is repealed and the following substituted:

(b) one of a specified class of instruments.

155. Subsection 144 (3) of the Act is amended by striking out "The Lieutenant Governor in Council" in the first line and substituting "The Minister".

156. Subsection 158 (2) of the Act is repealed and the following substituted:

Correction of errors

(2) Subject to the regulations, before receiving any conflicting instruments or after notifying all persons interested, the land registrar may correct errors and supply omissions in the register, or in an entry in it, upon the evidence that appears sufficient to the land registrar.

157. (1) Section 163 of the Act is repealed and the following substituted:

Regulations

163. (1) The Minister may make regulations,

1. prescribing any matter, other than forms, that this Act directs or authorizes to be prescribed;

2. governing the precautions to be taken, the instruments to be used, the notices to be given, and the evidence to be adduced in all proceedings under this Act or in connection with registrations under this Act, other than registrations under section 32 or 99 and proceedings under section 46;

3. requiring the information in connection with any form, evidence or procedure under this Act to be verified by affidavit, declaration or statement;

4. governing standards and procedure for surveys and plans of registered land;

5. governing the assessment of costs and the persons by whom the costs are to be paid;

6. specifying the costs that solicitors may charge the Minister in registering land or for any matter incidental to or consequential on the registration of land or for any other matter required to be done for the purpose of carrying out this Act;

7. requiring that the costs mentioned in paragraph 6 be payable by commission, percentage or otherwise, and bear a certain proportion to the value of the land registered or be determined on such other principle as is expedient;

8. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, other than matters mentioned in subsection (2) and section 18 or 163.1.

Director's regulations

(2) The Director of Land Registration may make regulations prescribing forms and providing for their use.

Minister's orders

163.1 (1) The Minister may make orders,

1. specifying the functions of land registrars relating to the first registration of land under this Act, and specifying which of the functions shall be performed by the Director of Titles or the Director of Land Registration;

2. specifying the duties that are to be performed by the Director of Titles, the land registrar and other officers, and the duties of the Director of Titles and of the land registrars that may be performed by other officers;

3. specifying the manner in which land is to be divided into blocks and properties;

4. specifying the manner in which property maps and other maps are to be prepared and maintained, and specifying those other maps;

5. specifying the manner in which property identifiers are to be assigned;

6. specifying the manner in which the abstract index is to be created and maintained;

7. specifying other indexes and records and the manner in which they are to be maintained for the purpose of subsection 141 (6);

8. specifying the manner in which instruments are to be entered for the purpose of subsection 141 (7);

9. specifying classes of instruments for the purpose of clause 142 (3) (b);

10. specifying the form and manner in which entries in the records of land registry offices are to be made;

11. specifying the manner in which instruments and entries in the register are to be certified at registration;

12. governing the mode in which the register is to be made and kept;

13. governing the mode in which any special register is to be made and kept;

14. specifying methods and standards for computer entry, storage and retrieval of information;

15. governing the custody, disposition and destruction of instruments and records of land registry offices;

16. specifying the manner in which instruments, books, public records and facsimiles of them are to be produced for inspection;

17. specifying the manner in which copies of instruments, books and public records are to be produced and certified;

18. requiring that printed copies of the parcel register relating to land in the parts of Ontario designated under Part II of the Land Registration Reform Act be produced at specified times and specifying the times at which they are to be produced;

19. specifying the amount of fees payable under this Act, having regard to,

(i) in the case of the registration of land or of a transfer of land on the occasion of a sale, the value of the land as determined by the amount of purchase money or the value of it to be ascertained in the manner specified in the order,

(ii) in the case of registration of a charge or of a transfer of a charge, the amount of the charge;

20. specifying the manner in which fees under this Act are to be paid, authorizing land registrars to require the prepayment of classes of fees by cash deposits and specifying classes of fees for that purpose;

21. specifying classes of users who may pay fees under this Act by means of credit accounts rather than on the basis of prepayment or payment at the time the service is rendered;

22. requiring land registrars to assign to persons who ask to search the records of the land registry office account numbers and other identification to enable them to do so.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of the Regulations Act.

Scope of regulations and orders

163.2 The application of any provision of a regulation made under section 163 or an order made under section 163.1 may be limited to one or more land titles divisions or one or more part or parts of a land titles division or divisions.

(2) Despite subsection (1), regulations made under clause 163 (1) (a), (c), (e), (f), (g) or (i) or clause 163 (2) (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) or (p) of the Act, as those clauses read immediately before subsection (1) comes into force, continue until the Minister makes an order under section 163.1 of the Act, as enacted by subsection (1), that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 163 (1) (a), (c), (e), (f), (g) or (i) or clause 163 (2) (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) or (p) of the Act, as those clauses read immediately before subsection (1) comes into force, if the Minister makes an order under section 163.1 of the Act, as enacted by subsection (1), that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 163 (1) (b), (d), (h), (j), (k) or (l) of the Act, as those clauses read immediately before subsection (1) comes into force, if,

(a) the Minister makes a regulation under subsection 163 (1) of the Act, as re-enacted by subsection (1), that is inconsistent with those regulations; or

(b) the Director of Land Registration makes a regulation under subsection 163 (2) of the Act, as re-enacted by subsection (1), that is inconsistent with those regulations.

158. Section 164 of the Act is amended by striking out "section 103 of the Registry Act" in the fourth and fifth lines and substituting "paragraph 7 of subsection 102 (1) of the Registry Act or section 103 of that Act".

159. (1) Subsections 165 (2) and (3) of the Act are repealed.

(2) 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:

(4) Upon receiving the required fee, if any, and a written request where a fee is required, the land registrar shall, in the required manner,

. . . . .

(3) The English version of 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 after clause (c).

160. Section 168 of the Act is repealed.

Limited Partnerships Act

161. Subsection 3 (4) of the Limited Partnerships Act is repealed and the following substituted:

Subsequent filing

(4) A limited partnership is not dissolved if a declaration expires, but an additional fee in the required amount is payable for the subsequent filing of a new declaration.

162. Section 23.2 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 87, is amended by striking out "prescribed fee" in the third line and substituting "required fee".

163. Section 25 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 87, is further amended by adding the following subsection:

Exemption

(6.2) Subsections (4), (5) and (6) do not apply to an extra-provincial limited partnership formed in another Canadian jurisdiction that has an office or other place of business in Ontario.

164. The Act is amended by adding the following section:

Powers of Minister

35.1 The Minister may by order require the payment of fees for search reports, copies of documents or information, the filing of documents or other services under this Act and may approve the amount of those fees.

165. (1) Clause 36 (a) of the Act is repealed.

(2) Despite subsection (1), regulations made under clause 36 (a) of the Act, as that clause read immediately before that subsection comes into force, continue until the Minister makes an order under section 35.1 of the Act, as enacted by section 164, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 36 (a) of the Act, as that clause read immediately before that subsection comes into force, if the Minister makes an order under section 35.1 of the Act, as enacted by section 164, that is inconsistent with those regulations.

Liquor Licence Act

166. Clause (a) of the definition of "Ontario wine" in section 1 of the Liquor Licence Act is repealed and the following substituted:

(a) wine produced in Ontario from grapes, cherries, apples or other fruits grown in Ontario, the concentrated juice of those fruits or other agricultural products containing sugar or starch and includes Ontario wine to which is added herbs, water, honey, sugar or the distillate of Ontario wine or cereal grains grown in Ontario.

167. (1) Clauses 6 (2) (b) and (c) of the Act are repealed.

(2) Subsection 6 (2) of the Act is amended by striking out "subsection (4)" in the first line and substituting "subsection (4) or (4.1)".

(3) Subsection 6 (4) of the Act is repealed and the following substituted:

Prohibition

(4) A licence to sell liquor shall not be issued,

(a) to a manufacturer; or

(b) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor or to sell the liquor of a manufacturer exclusive of any other manufacturer.

Same

(4.1) Subject to subsection (4.2), a licence to sell liquor shall not be issued,

(a) to a person who is under agreement with any person to sell the liquor of any manufacturer;

(b) to a person who is associated or connected with a manufacturer or financially interested in a manufacturer as to be likely to promote the sale of liquor of that manufacturer;

(c) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor of any manufacturer;

(d) to a person for premises in which a manufacturer has an interest, whether freehold or leasehold, or by way of mortgage or charge or other encumbrance, or by way of mortgage, lien or charge upon any personal property in the premises and whether the interest is direct or indirect or contingent or by way of suretyship or guarantee; or

(e) to a person in respect of a business in which a manufacturer has an interest by way of a franchise agreement.

Exception

(4.2) The Board may issue a licence to sell liquor to an applicant mentioned in subsection (4.1) even if there is a financial relationship between the applicant and a manufacturer once the Board has considered the nature and extent of the financial relationship and it is not contrary to the public interest to issue the licence.

168. (1) Clause 7 (1) (b) of the Act is repealed and the following substituted:

(b) in any other manner approved by the Board.

(2) Subsection 7 (2) of the Act is amended by striking out "subsection 6 (4)" in the fourth line and substituting "subsection 6 (4) or (4.1)".

169. (1) Clause 8 (2) (a) of the Act is amended by striking out "subsection 6 (2) or (4)" in the second and third lines and substituting "subsection 6 (2), (4) or (4.1)".

(2) Subsection 8 (4) of the Act is repealed and the following substituted:

Objections

(4) If, after giving notice of an application under subsection 7 (1), the Board receives one or more written objections to the application from the residents of the municipality within the time for making submissions, the member shall consider the objections and may,

(a) call a public meeting;

(b) direct that a proposal to review the application be issued; or

(i) the member is of the opinion that the objections are frivolous or vexatious, and

(ii) the applicant is not otherwise disentitled under the Act.

(3) Subsection 8 (5) of the Act is amended by striking out "subsection 6 (4)" in the fourth line and substituting "subsection 6 (4) or (4.1)".

170. Clause 9 (5) (a) of the Act is amended by striking out "subsection 6 (2) or (4) in second and third lines and substituting "subsection 6 (2), (4) or (4.1).

171. Subsection 15 (1) of the Act is amended by striking out "subsection 6 (2) or (4)" in the fifth line and substituting "subsection 6 (2), (4) or (4.1)".

172. Subsection 17 (2) of the Act is amended by striking out "subsection 6 (4)" at the end and substituting "subsection 6 (4) or (4.1).

173. Clause 19 (2) (a) of the Act is amended by striking out "subsection 6 (4)" in the fourth line and substituting "subsection 6 (4) or (4.1).

174. Section 20 of the Act is amended by adding the following subsection:

Exception

(4) If a member of the Board is satisfied that there has been a significant change in the circumstances on which the board based an order disqualifying the premises under subsection (2), the Board may rescind the order for the purpose of issuing a permit under section 19.

175. Section 51 of the Act is repealed and the following substituted:

Analyst's certificate or report

51. A certificate or report purporting to be signed by a federal or provincial analyst as to the composition of any liquor or any other substance is admissible in evidence in any proceeding under this Act, and in the absence of evidence to the contrary, is proof of the information set out in the certificate or report and of the authority of the person giving it or making it, without proof of the appointment or signature of the person.

Loan Brokers Act, 1994

176. Section 1 of the Loan Brokers Act, 1994 is amended by adding the following definitions:

Director" means the Director within the meaning of the Ministry of Consumer and Commercial Relations Act; ("directeur")

Tribunal" means The Commercial Registration Appeal Tribunal. ("Commission")

177. The Act is amended by adding the following sections:

Cease and desist order

11.1 (1) If the Director believes on reasonable and probable grounds that any person has contravened subsection 2 (1), section 3 or subsection 4 (5) or 11 (3) of the Act, the Director may order the person to cease and desist from doing anything that contravenes those provisions.

Service

(2) The Director shall serve the order, together with written reasons for it, on the person named in it.

Statement

(3) The order shall state that the person named in the order may request a hearing before the Tribunal by mailing or delivering a written request for a hearing to the Director and the Tribunal within 15 days after service of the order.

Effect

(4) The order takes effect immediately on being served on the person named in it.

Compliance with order

(5) A person named in the order shall comply with it.

Hearing

11.2 (1) If, within the allowed time, a person who is served with an order under section 11.1 requests a hearing by the Tribunal, the Tribunal shall schedule and hold the hearing.

Stay of order

(2) If a person requests a hearing under subsection (1), the Tribunal may stay the order until it confirms or sets aside the order.

Parties

(3) The Director, the person who requested the hearing and any other person whom the Tribunal specifies are parties to the hearing.

Powers of Tribunal

(4) In making a decision, the Tribunal may,

(a) confirm the Director's order;

(b) confirm the Director's order with the amendments that the Tribunal considers proper to give effect to the purpose of the Act, including a direction to a loan broker named in the order to make a refund or return the security under subsection 4 (5); or

Order of Tribunal

(5) For the purposes of subsection (6) and clause 13 (1) (a) of the Act and section 19 of the Statutory Powers Procedure Act, a decision by the Tribunal confirming the order of the Director, with or without amendments, shall be deemed to be an order of the Tribunal.

Stay of order

(6) Even if the person named in the order of the Tribunal appeals it under section 11 of the Ministry of Consumer and Commercial Relations Act, the order takes effect immediately but the Tribunal may grant a stay of the order until the disposition of the appeal.

Service of order

11.3 (1) An order under section 11.1 is sufficiently served if delivered personally or sent by registered mail addressed to the person to whom service is required to be made at the person's last known business address.

Registered mail

(2) An order sent by registered mail shall be deemed to have been served on the third day after the day of mailing, unless the person being served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the order until a later date.

Exception

(3) Despite subsection (1), the Tribunal may order any other method of service in respect of a matter before the Tribunal.

178. Subsection 13 (1) of the Act is repealed and the following substituted:

Offence

(1) Every person is guilty of an offence who,

(a) knowingly fails to comply with any order made under this Act;

(b) contravenes subsection 2 (1), section 3 or subsection 4 (5) or 11 (3).

Marriage Act

179. The English version of section 7 of the Marriage Act is amended by striking out "whom" in the second line and substituting "who".

180. Section 19 of the Act is repealed and the following substituted:

Prohibited degrees

19. If the regulations prescribe a form setting out the relationships by consanguinity or adoption that, under the Marriage (Prohibited Degrees) Act (Canada), bar the lawful solemnization of marriage, the form shall be endorsed on the licence and on the proof of publication of banns.

181. Clause 34 (f) of the Act is repealed and the following substituted:

(f) prescribing a form setting out the relationships by consanguinity or adoption that, under the Marriage (Prohibited Degrees) Act (Canada), bar the lawful solemnization of marriage.

182. The Form to the Act, as amended by Ontario Regulation 726/91, section 1, is repealed.

Mortgages Act

183. Section 35 of the Mortgages Act is repealed and the following substituted:

Statutory declarations conclusive

35. Subject to the Land Titles Act and except where an order is made under section 39, a document that contains all of the following is conclusive evidence of compliance with this Part and, where applicable, with Part II, and is sufficient to give a good title to the purchaser:

1. A statutory declaration by the mortgagee or the mortgagee's solicitor or agent as to default.

2. A statutory declaration proving service, including production of the original or a notarial copy of the post office receipt of registration, if any.

3. A statutory declaration by the mortgagee or the mortgagee's solicitor that the sale complies with this Part and, where applicable, with Part II.

Motor Vehicle Dealers Act

184. The English version of the definition of "Registrar" in section 1 of the Motor Vehicle Dealers Act is repealed and the following substituted:

Registrar" means the Registrar of Motor Vehicle Dealers and Salespersons. ("registrateur")

185. Subsection 2 (1) of the Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar of Motor Vehicle Dealers and Salespersons.

186. The English version of subsection 10 (2) of the Act is amended by striking out "salesman" in the fourth line and substituting "salesperson".

Ontario New Home Warranties Plan Act

187. Section 3 of the Ontario New Home Warranties Plan Act is amended by adding the following subsections:

Deputy Registrars

(2) The Corporation may appoint one or more Deputy Registrars who have and may exercise the powers and duties of the Registrar that the Registrar specifies.

References to Registrar

(3) If the Registrar so specifies, references in this Act and the regulations to the Registrar shall be deemed to refer to a Deputy Registrar.

188. The Act is amended by adding the following section:

Liability of vendor

15.1 For the purposes of sections 13 and 14, a person, who at any time has registered as a vendor under this Act with respect to a home, for which the builder has complied with section 12 and has substantially completed the construction, shall be deemed to be a vendor of the home even if another person sells the home to an owner or completes a transaction to sell the home to an owner.

189. Section 21 of the Act is repealed and the following substituted:

Certificate of evidence

21. The following statements are admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in them for all purposes in any proceeding or prosecution, without the need for proving the office or signature of the Registrar, if the statements purport to be certified by the Registrar:

1. A statement as to the registration or non-registration of any person.

2. A statement as to the filing or non-filing of any document or material required or permitted to be filed with the Corporation.

3. A statement as to any other matter pertaining to a registration, non-registration, filing or non-filing of any person.

190. Clause 23 (1) (b) of the Act is repealed and the following substituted:

(b) prescribing the terms and conditions of registration.

Paperback and Periodical Distributors Act

191. Subsection 2 (1) of the Paperback and Periodical Distributors Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the registrar of paperback and periodical distributors.

192. The Act is amended by adding the following section:

Power of Minister

15.1 The Minister may by order require the payment of fees for registration as a distributor or maintenance of registration under this Act and may approve the amount of those fees.

Personal Property Security Act

193. The definitions of "financing change statement" and "financing statement" in subsection 1 (1) of the Personal Property Security Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, are repealed and the following substituted:

financing change statement" means the information required for a financing change statement in the required form or format; ("état de modification du financement")

financing statement" means the information required for a financing statement in the required form or format. ("état de financement")

194. (1) Subsection 43 (1) of the Act is amended by striking out "the prescribed fee" in the fifth line and substituting "the required fee".

(2) Subsection 43 (4) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is repealed and the following substituted:

Certified copies

(4) If the financing statement or financing change statement is registered as a document in the required form, a person may require that the registrar furnish a certified copy of the registered statement and, upon payment of the required fee, the registrar shall furnish it to the person.

195. Subsection 43.1 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 13, section 2, is amended by striking out "the prescribed fee" in the fourth line and substituting "the required fee".

196. (1) Subsections 44 (8), (9), (10), (11), (12), (13) and (14) of the Act are repealed and the following substituted:

Duty of registrar

(8) Within 90 days of receiving an application for compensation, the registrar shall determine the claimant's entitlement to compensation and advise the claimant of the decision.

Hearing

(9) The registrar may hold a hearing to determine the claimant's entitlement to compensation but shall not determine that the claimant is not entitled to a payment out of the Assurance Fund until after having held a hearing.

Claim accepted

(10) If the registrar decides that the claimant is entitled to a payment out of the Assurance Fund, the registrar shall make an offer of settlement in satisfaction of the claim to the claimant within 30 days of making the decision.

Costs

(11) The offer of settlement may include an award of costs if the registrar considers it appropriate.

Confirmation of decision

(12) A decision under subsection (8) shall be deemed to be confirmed at the expiration of 30 days from the date of mailing of the decision to the claimant, unless the claimant serves a notice of application under subsection (14) on the registrar within that time.

Application to court

(13) If the registrar does not determine the claimant's entitlement to compensation within 90 days of receiving an application for compensation, the claimant may apply to the Ontario Court (General Division) and the court may order that the compensation set out in the order be paid to the claimant.

Same

(14) A claimant who is dissatisfied with a decision under subsection (8) may apply to the Ontario Court (General Division) within 30 days of the mailing of the decision to the claimant and the court may order that the decision be set aside and that the compensation set out in the order be paid to the claimant.

(2) Despite subsection (1), subsections 44 (8), (9), (10), (11), (12), (13) and (14) of the Act, as they read immediately before subsection (1) comes into force, continue to apply with respect to decisions or offers of settlement that the registrar has made before subsection (1) comes into force.

197. (1) Subsection 46 (1) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is amended by striking out "the prescribed form" in the second and third lines and substituting "the required form".

(2) Subsection 46 (2) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is amended by striking out "a prescribed format" in the second and third lines and substituting "a required format".

(3) Subsection 46 (2.1) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is repealed and the following substituted:

Format of statement

(2.1) A financing statement or financing change statement to be tendered for registration shall contain the required information and shall be in the form of,

(a) a document in the required form; or

(b) data presented in a required format.

(4) Subsection 46 (2.2) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is amended by striking out "a prescribed format" in the second and third lines and substituting "a required format".

(5) Subsection 46 (2.3) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 44, section 7, is amended by striking out "a prescribed format" in the second and third lines and substituting "a required format".

(6) Clauses 46 (6) (a) and (b) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 44, section 7, are repealed and the following substituted:

(a) a copy of the registered statement or a copy of a verification statement, if the statement was registered as a document in the required form; or

(b) a copy of a verification statement, if the statement was registered as data in a required format.

198. (1) Subsection 54 (1) of the Act is amended by striking out "the prescribed form" in the second line and substituting "the required form".

(2) Subsection 54 (4) of the Act is amended by striking out "the prescribed form" in the third line and substituting "the required form".

199. Section 70 of the Act is amended by striking out "a time prescribed" in the third line and substituting "a required time".

200. The Act is amended by adding the following section:

Powers of Minister

73.1 (1) The Minister responsible for the administration of this Act may make orders,

(a) designating branch offices;

(b) specifying business hours for the offices of the registration system or any of them;

(d) requiring the payment of fees, other than fees mentioned in subsection 74 (1), and specifying the amounts of those fees;

(e) specifying forms, the information to be contained in forms, the manner of recording the information, including the manner of setting out names, and the persons who shall sign forms;

(f) governing the format or formats of financing statements or financing change statements that are in the form of data, the format or formats of verification statements and the information to be included in the statements;

(g) governing the tendering for registration of financing statements and financing change statements that are presented as data in a required format;

(h) governing the tendering for registration of financing statements and financing change statements by direct electronic transmission;

(i) requiring that the forms to be used shall be those provided or approved by the registrar;

(j) governing the time assigned to the registration of financing statements and financing change statements;

(k) specifying abbreviations, expansions or symbols that may be used in a financing statement or financing change statement or in the recording or production of information by the registrar;

(l) fixing the address to which financing statements and financing change statements shall be addressed when tendered by mail for registration;

(m) specifying a lexicon of French-English terms to be used in connection with required forms and deeming the corresponding forms of expression in the lexicon to have the same effect in law.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of the Regulations Act.

201. (1) Subsection 74 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 44, section 7, is repealed and the following substituted:

Regulations

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

(a) prescribing the duties of the registrar and branch registrars;

(b) prescribing the amount of the charge to which a secured party is entitled for any statement or copy provided pursuant to section 18;

(c) prescribing the portion of the fees received under this Act that shall be paid into The Personal Property Security Assurance Fund under section 44;

(d) specifying additional methods of serving notices and other documents for the purposes of section 68 and specifying methods of serving notices and other documents on persons not referred to in section 68;

(e) defining "motor vehicle".

(2) Despite subsection (1), regulations made under clause 74 (1) (a), (c), (d), (e), (g), (g.1), (g.2), (g.3), (h), (i), (j), (k) or (o) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 73.1 of the Act, as enacted by section 200, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 74 (1) (a), (c), (d), (e), (g), (g.1), (g.2), (g.3), (h), (i), (j), (k) or (o) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 73.1 of the Act, as enacted by section 200, that is inconsistent with those regulations.

202. (1) Subsection 80 (1) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

(2) Subsection 80 (2) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

Real Estate and Business Brokers Act

203. Subsection 2 (1) of the Real Estate and Business Brokers Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar of Real Estate and Business Brokers.

204. The English version of clause 7 (4) (a) of the Act is amended by striking out "salesman" in the third line and substituting "salesperson".

205. The Act is amended by adding the following section after the heading before section 47 of the Act:

Consumer protection programs

46.1 If an administrative authority is designated under the Safety and Consumer Statutes Administration Act, 1996 to administer this Act, the board of the administrative authority may, with the prior approval of the Minister,

(a) pass by-laws to establish consumer protection programs; and

(b) require that a person registered under this Act participate in any consumer protection program established under clause (a).

206. Clauses 52 (f) and (i) of the Act are repealed.

Registry Act

207. Section 3 of the Registry Act is amended by striking out "prescribed" in the fourth line and substituting "specified".

208. (1) Subsection 4 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may by regulation,

. . . . .

(2) Subsection 4 (2) of the Act is further amended by adding the following clause:

(0.a) describing the registry divisions.

209. (1) Subsection 5 (1) of the Act is amended by striking out "Subject to subsection (2)" in the first line.

(2) Subsection 5 (2) of the Act is repealed.

210. (1) Subsection 6 (1) of the Act is amended by striking out "Minister" in the first line and substituting "Deputy Minister".

(2) The English version of subsection 6 (2) of the Act is amended by striking out "of Land Registration" in the first line.

(3) Subsections 6 (3) and (4) of the Act are repealed and the following substituted:

Powers of land registrars

(3) The Director or a representative of the Director may exercise any power or perform any duty of a land registrar under this or any other Act if of the opinion, having regard to the circumstances, that such action is necessary or appropriate.

211. Sections 8, 9, 10 and 11 of the Act are repealed and the following substituted:

Representatives of Director

8. The Director may appoint one or more 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 or any other Act that the Director specifies.

Appointment

9. (1) Subject to subsection (2), the Director may appoint public servants within the meaning of the Public Service Act as land registrars.

Number

(2) The Director shall appoint a land registrar for every registry division and every land titles division.

Form of appointment

(3) Every appointment mentioned in subsection (2) shall be for a specific division or divisions.

Representatives

(4) A land registrar for a registry division may appoint one or more public servants within the meaning of the Public Service Act as representatives to whom the land registrar may delegate the powers and duties under this Act that the land registrar specifies.

212. Section 13 of the Act is repealed and the following substituted:

Office hours

13. (1) Every land registry office shall be kept open, for the hours that the Director by order specifies, on every day except,

(a) Saturday;

(b) Sunday;

(d) a day that the Director by order specifies.

Extension of time

(2) A day described in clauses (1) (a), (b), (c) or (d) shall be deemed to be a holiday for the purpose of clause 28 (i) of the Interpretation Act.

Registration of instruments

(3) The Director may by order specify the hours during which instruments may be received for registration; no instruments may be received for registration outside those hours except if,

(a) the Director by order specifies that instruments may be received for registration outside those hours; and

(b) the registrations are made in accordance with the conditions, if any, set out in the Director's order mentioned in clause (a).

Different hours

(4) The hours that the Director specifies under subsection (3) for receiving instruments for registration may be different from the hours that the Director specifies under subsection (1) for the opening of a land registry office.

Services when no registrations

(5) The Director may by order specify the services to be provided at land registry offices before or after the hours within which instruments are received for registration.

Scope of orders

(6) An order that the Director makes under this section may be limited to one or more land registry offices for one or more registry divisions.

Not regulations

(7) An order that the Director makes under this section is not a regulation within the meaning of the Regulations Act.

213. Section 14 of the Act is repealed.

214. (1) Subsections 15 (1), (2) and (3) of the Act are repealed.

(2) Subsection 15 (4) of the 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:

(4) If the Minister has specified a fee, upon receiving the fee and a written request, the land registrar shall, in the required manner,

. . . . .

(3) The English version of subsection 15 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 99, is further amended by striking out the portion after clause (c).

215. (1) Subsections 17 (1) and (2) of the Act are repealed.

(2) Subsection 17 (4) of the Act is amended by striking out "the fee prescribed" in the second line and substituting "the required fee".

216. (1) Paragraphs 1, 2, 3, 4 and 8 of subsection 18 (6) of the Act are repealed and the following substituted:

1. Wills or notarial copies of them.

2. Letters probate or notarial copies of them.

3. Letters of administration or notarial copies of them.

4. General appointments of new trustees or notarial copies of those appointments.

. . . . .

8. Powers of attorney or revocations of them, or notarial copies of powers of attorney or those revocations.

(2) Subsection 18 (6) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding the following paragraphs:

16. Certificates of appointment of estate trustees or notarial copies of those certificates.

17. Certificates of appointment of statutory guardians under the Substitute Decisions Act, 1992 or notarial copies of those certificates.

(3) Subsection 18 (8) of the Act is amended by striking out "the prescribed form" in the second line and substituting "the required form".

217. (1) Subsection 20 (1) of the Act is amended by striking out "in the prescribed form" in the first and second lines and substituting "in the required form".

(2) Subsection 20 (2) of the Act is amended by striking out "in the prescribed manner" in the fourth line and substituting "in the required manner".

(3) Subsection 20 (3) of the Act is amended by striking out "The Lieutenant Governor in Council" in the first line and substituting "The Minister".

(4) Despite subsection (3), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 20 (3) of the Act, as that subsection read immediately before subsection (3) comes into force, if the Minister makes a regulation under subsection 20 (3) of the Act, as amended by subsection (3), that is inconsistent with those regulations.

218. (1) Subsection 21 (2) of the Act is amended by striking out "in the prescribed manner" in the first and second lines and substituting "in the required manner".

(2) Subsection 21 (3) of the Act is repealed and the following substituted:

Property maps

(3) The Director shall, in the required manner, prepare property maps showing all properties and prepare the other required maps.

(3) Subsection 21 (4) of the Act is amended by striking out "in the prescribed manner" in the second line and substituting "in the required manner".

(4) Subsection 21 (5) of the Act is amended by striking out "in the prescribed manner" in the first and second lines and substituting "in the required manner".

(5) Subsection 21 (6) of the Act is repealed and the following substituted:

Other indexes and records

(6) The land registrar shall, in the required manner, maintain the other required indexes and records.

(6) Subsection 21 (7) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "in the prescribed manner" in the second line and substituting "in the required manner".

219. (1) Clause 22 (1) (b) of the Act is repealed and the following substituted:

(b) Part I of the Land Registration Reform Act and the regulations made under it.

(2) Clause 22 (4) (f) of the Act is amended by striking out "an affidavit" in the fourth line and substituting "a statement".

(3) Subsection 22 (7) of the Act is amended by adding the following clause:

(a.1) an amendment of a lease.

(4) Subsection 22 (11) of the Act is repealed and the following substituted:

Statement of good faith

(11) A notice registered under subsection (8) or (10) shall be accompanied by a statement of good faith in the prescribed form.

220. (1) Subclause 23 (a) (ii) of the Act is repealed and the following substituted:

(ii) that contains or has attached to it material that does not, in the land registrar's opinion, affect or relate to an interest in land; and

. . . . .

(2) Clause 23 (b) of the Act is repealed and the following substituted:

(b) refrain from recording a part of a registered instrument if the part does not, in the land registrar's opinion, affect or relate to an interest in land.

221. Section 24 of the Act is repealed.

222. (1) Subsection 25 (1) of the Act is repealed.

(2) Clause 25 (3) (d) of the Act is repealed and the following substituted:

(d) presented for registration together with a statement in the prescribed form made by a party to the instrument or by the party's solicitor, attorney under a registered power of attorney or registered notarial copy of a power of attorney, or heirs, executors, administrators or estate trustees, or, where the party is a corporation, by an officer of the corporation, stating that the instrument affects land within the registry division, and containing the information required by subsection (2).

(3) The English version of clause 25 (3) (e) of the Act is amended by striking out "declaration" in the fifth line and substituting "statement".

(4) The English version of subsection 25 (4) of the Act is amended by striking out "declaration" in the third line and substituting "statement".

223. Sections 28, 29 and 30 of the Act are repealed.

224. Subsection 31 (1) of the Act is repealed and the following substituted:

Power to administer oaths

(1) Every land registrar, by virtue of office, and every representative whom the land registrar specifies is a commissioner for taking affidavits for uses under this Act that relate to land in the registry division of the land registrar.

225. Section 32 of the Act is repealed and the following substituted:

Required statements

32. If this Act requires, as a condition for registration of an instrument, proof in the form of a statement, the form of the statement may be prescribed or may be approved by the Director if none is prescribed.

226. Section 36 of the Act is repealed.

227. Subsection 37 (1) of the Act is repealed.

228. Clause 38 (1) (d) of the Act is repealed and the following substituted:

(d) a notarial copy of the certificate, the certified copy or the original judgment or order.

229. Clause 39 (a) of the Act is repealed and the following substituted:

(a) a copy of an instrument certified by the land registrar in whose office the instrument is registered.

230. Section 42 of the Act is repealed.

231. (1) Subsection 44 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may make regulations,

. . . . .

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 44 (2) of the Act, as that subsection read immediately before subsection (1) comes into force, if the Minister makes a regulation under subsection 44 (2) of the Act, as amended by subsection (1), that is inconsistent with those regulations.

232. (1) Subsection 46 (1) of the Act is repealed and the following substituted:

Instrument executed by attorney

(1) Subject to subsection (1.1), no instrument purporting to be signed or executed by any person by attorney shall be registered unless, at or before the time of registration,

(a) the original power of attorney, a notarial copy of it or a copy certified for registration under section 39 is registered in the land registry office where the instrument is tendered for registration; and

(b) the date of registration and registration number of the original, the notarial copy or the certified copy, as the case may be, are indicated in the body or margin of the instrument tendered for registration.

Other proof

(1.1) If the power of attorney, a notarial copy of it or a certified copy cannot be produced, proof may be made before a judge of the Ontario Court (General Division) of the execution of the instrument and, if the judge signs a certificate in the prescribed form endorsed on the instrument and the instrument is otherwise capable of registration, the land registrar shall register the instrument and certificate.

(2) Subsection 46 (2) of the Act is repealed.

233. Section 47 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, and 1994, chapter 27, section 43, is repealed and the following substituted:

Order dispensing with statement

47. (1) If an instrument that is otherwise capable of registration is not accompanied by a statement that this Act requires or is accompanied by an incomplete or defective statement, a person who is or claims to be interested in the registration of the instrument may apply to a judge of the Ontario Court (General Division) for an order dispensing with the statement.

Grounds for order

(2) The judge may grant the order if the applicant proves that,

(a) the required statement cannot be obtained conveniently; and

(b) the facts were as are required to be stated by the statement.

Certificate

(3) On granting an order, the judge shall endorse on the instrument or securely attach to it a certificate, in the prescribed form, stating the facts that have been proven to the judge's satisfaction, and the certificate shall be received in lieu of the required statement.

234. (1) Subsection 48 (4) of the Act is amended by striking out "an affidavit" in the sixth and seventh lines and substituting "a statement".

(2) Subsection 48 (5) of the Act is amended by striking out "an affidavit" in the fourth and fifth lines and substituting "a statement".

235. (1) Subsection 49 (1) of the Act is repealed and the following substituted:

Particulars of registration

(1) A land registrar who receives and accepts an instrument for registration shall number it consecutively in the order of receiving instruments accepted for registration and requisitions accepted for deposit and shall note on each instrument accepted for registration the particulars of registration in the manner that the Director specifies.

(2) Subsections 49 (3), (4) and (5) of the Act are repealed and the following substituted:

Priorities

(3) For the purpose of section 71, priorities shall be determined in accordance with the respective registration numbers.

Other registration numbers

(4) A separate series of registration numbers may be used for plans of subdivision.

236. Subsections 50 (1) and (2) of the Act are repealed and the following substituted:

Manner of registration

(1) Upon accepting an instrument for registration, the land registrar shall,

(a) register it in the manner that the Director specifies;

(b) record it in the proper index or indexes in the manner that the Director specifies;

(c) except as provided by the regulations, cause it to be recorded on photographic film or by any other means of image recording that the Director specifies; and

(d) in the manner that the Director specifies, preserve it and all recorded copies of it that the Director requires.

237. (1) Clause 53 (1) (a) of the Act is repealed and the following substituted:

(a) the original will or a notarial copy of it with,

(i) a statement by one of the subscribing witnesses to the will proving the due execution of it by the testator, if it is not a holograph will,

(ii) a statement by a person well acquainted with the testator attesting to the handwriting and the signature of the testator on the will, if the will is a holograph will, and

(iii) a statement that the testator died on or about a specified date, made by any person who has personal knowledge of that fact, or a death certificate under the Vital Statistics Act in respect of the death of the testator.

(2) The French version of clause 53 (1) (b) of the Act is amended by striking out "en présence du testament" in the second and third lines and substituting "testamentaire".

(3) The French version of clause 53 (1) (c) of the Act is amended by striking out "en présence du testament" in the fourth line and substituting "testamentaire".

(4) Subsection 53 (2) of the Act is repealed.

238. Section 54 of the Act is repealed and the following substituted:

Letters of administration

54. Letters of administration and certificates of appointment of estate trustees without a will that under the Estates Administration Act affect land shall be registered in the same manner as a probate of a will.

239. Section 55 of the Act is amended by striking out "or administrator" in the fourth and fifth lines and substituting "administrator or estate trustee" and by striking out "or the letters of administration" in the eleventh and twelfth lines and substituting "the letters of administration or certificate of appointment of the estate trustee".

240. (1) Subsection 56 (1) of the Act is amended by inserting "estate trustee" after "administrator" in the fourth line.

(2) Subsections 56 (2), (3), (4) and (5) of the Act are repealed.

(3) Subsection 56 (6) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed.

(4) Subsections 56 (8), (10) and (12) of the Act are repealed and the following substituted:

Deletion of entries

(8) If the land registrar is satisfied that a registered instrument purporting to discharge a mortgage validly discharges the land described in the discharging instrument from any claim arising under the mortgage or under any other instrument relating exclusively to the mortgage, the land registrar shall,

(a) delete from the abstract index, in the manner that the Director specifies, the entry of the mortgage and all other instruments relating exclusively to the mortgage; or

(b) make an entry in the abstract index in the manner that the Director specifies indicating that the entry of the mortgage and all other instruments relating exclusively to the mortgage is deleted.

. . . . .

Effect of deletion

(10) If the land registrar has complied with subsection (8), the land described in the discharging instrument is not affected by any claim under the mortgage or under any other instrument relating exclusively to the mortgage.

. . . . .

Instruments under s. 30

(12) Subsections (8) to (11) apply with necessary modifications to instruments mentioned in section 30, as that section read immediately before section 223 of Schedule E of the Red Tape Reduction Act, 1998 comes into force, and to every instrument purporting to discharge one of those instruments.

(5) Subsection 56 (12) of the Act, as re-enacted by subsection (4), is amended by striking out "section 223 of Schedule E of the Red Tape Reduction Act, 1998 comes into force" and substituting the date that section 223 comes into force.

241. The English version of clause 57 (c) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "declaration" in the fifth line and substituting "statement".

242. Subsection 58 (3) of the Act is amended by inserting "estate trustee" after "legal personal representative" in the fifth line.

243. Section 62 of the Act is amended by inserting "estate trustee" after "administrator" in the sixth line.

244. Section 63 of the Act is repealed and the following substituted:

Effect of registration of discharge of mortgage

63. (1) If a certificate of discharge under this Act and the regulations that complies with Part I of the Land Registration Reform Act and the regulations made under it is registered for a mortgage described in subsection (2), the certificate is valid and effectual as a conveyance to the mortgagor, the heirs or assigns of the mortgagor of the mortgagor's original estate in the mortgaged land or in the part of the land described in the certificate, as the case may be.

Mortgage predating

(2) Subsection (1) applies to a mortgage executed,

(a) before September 6, 1984, in the case of a mortgage affecting land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of a mortgage affecting land elsewhere in Ontario.

245. (1) Subsections 65 (4) and (5) of the Act are repealed.

(2) Subsection 65 (6) of the Act is repealed and the following substituted:

Effect of certificate

(6) A certificate of payment in full of a mortgage described in subsection (6.1), when registered, is as valid and effectual in law as a release of the mortgage and as a conveyance of the original estate of the mortgagor that is executed by the execution debtor and made to the mortgagor, the heirs, executors, administrators, estate trustees or assigns of the mortgagor, or any person lawfully claiming by, through or under the mortgagor or the heirs, executors, administrators, estate trustees or assigns of the mortgagor.

Mortgage predating

(6.1) Subsection (6) applies to a mortgage executed,

(a) before September 6, 1984, in the case of a mortgage affecting land in the County of Oxford as it existed on December 31, 1980; or

(b) before January 17, 1985, in the case of a mortgage affecting land elsewhere in Ontario.

246. Section 66 of the Act is amended by inserting ", as that section read immediately before", followed by the date on which section 223 of Schedule E of the Red Tape Reduction Act, 1998 comes into force, after "section 30" in the second line.

247. Section 68 of the Act is repealed and the following substituted:

Instruments re changes in municipal boundaries

68. Every order of the Ontario Municipal Board, the Lieutenant Governor in Council under the Municipal Boundaries Negotiations Act or other instrument whereby a city, town, village, township or improvement district becomes incorporated, or the boundaries of a municipality are enlarged, diminished or altered, may be registered in the proper land registry office.

248. Section 73 of the Act is amended by inserting "estate trustees" after "administrators" in the second and third lines and by striking out "or administrators" in the fifteenth and sixteenth lines and substituting "administrators or estate trustees".

249. (1) Clause 74 (2) (b) of the Act is amended by striking out "subsection 24 (2)" in the second line and substituting "section 25".

(2) Subsection 74 (3) of the Act is repealed and the following substituted:

Deemed notice

(3) For the purposes of subsection (1), the registration of a notice under section 113 or a statement under section 25 constitutes registration of the instrument referred to in the notice or statement.

250. Clause 76 (2) (b) of the Act is repealed and the following substituted:

(b) make, date and certify the necessary entries, alterations or corrections in the manner that the Director specifies.

251. Section 77 of the Act is repealed and the following substituted:

Deemed registration

77. An instrument capable of and properly proved for registration shall be deemed to be registered when the land registrar has accepted it for registration in accordance with the regulations and no alteration may be made to it after that time.

252. Section 82 of the Act is repealed and the following substituted:

Plan index

82. The land registrar shall keep a plan index in the form that the Director specifies.

253. (1) Subsection 86 (1) of the Act is amended by striking out "an affidavit" in the eighth line and substituting "a statement".

(2) Subsection 86 (2) of the Act is amended by striking out "affidavit" in the fourth line and substituting "statement".

254. (1) Clause 97 (c) of the Act is amended by striking out "deputy" at the end and substituting "representative".

(2) Clause 97 (d) of the Act is repealed.

(3) Clause 97 (g) of the Act is repealed and the following substituted:

other duties

(g) perform the other duties that the Minister prescribes.

255. Section 100 of the Act is repealed and the following substituted:

Director's orders

100. (1) The Director may make orders specifying anything that subsection 49 (1), 50 (1), 56 (8) or 76 (2) or section 105 or 108 requires or authorizes the Director to specify.

Not regulations

(2) An order made by the Director under subsection (1) is not a regulation within the meaning of the Regulations Act.

256. The Act is amended by adding the following section:

Powers of Minister

Minister's orders

101.1 (1) Except with respect to matters for which the Director may make orders under section 100, the Minister may make orders,

1. conferring on the Director the powers that are necessary for carrying out the provisions of this Act or any other Act relating to the duties of the land registrars;

2. specifying the manner in which land is to be divided into blocks and properties;

3. specifying the manner in which property maps and other maps are to be prepared and maintained, and specifying those other maps;

4. specifying the manner in which property identifiers are to be assigned;

5. specifying the manner in which the abstract index is to be created and maintained;

6. specifying other indexes and records and the manner in which they are to be maintained for the purpose of subsection 21 (6);

7. governing the content of alphabetical or deposit indexes and dispensing with the indexes in any registry division;

8. specifying the form and manner in which entries in the records of land registry offices are to be made;

9. specifying the manner in which instruments are to be entered for the purpose of subsection 21 (7).

10. specifying the manner in which entries are to be certified;

11. specifying methods and standards of recording by photographic film or image recording and providing for the storage of the film or the image recording;

12. specifying methods and standards for computer entry, storage and retrieval of information;

13. governing the custody, disposition and destruction of instruments and records of land registry offices;

14. specifying the manner in which instruments, documents, books, public records and facsimiles of them are to be produced for inspection;

15. specifying the manner in which copies of instruments, documents, books and public records are to be produced and certified;

16. requiring that printed copies of the abstract index relating to land in the parts of Ontario designated under Part II of the Land Registration Reform Act, be produced at specified times and specifying the times at which they are to be produced;

17. requiring the payment of fees to land registrars upon the performance of any official function under this Act and specifying the amounts of the fees;

18. specifying the manner in which fees under this Act are to be paid, authorizing land registrars to require the prepayment of classes of fees by cash deposits and specifying classes of fees for that purpose;

19. specifying classes of users who may pay fees under this Act by means of credit accounts rather than on the basis of prepayment or payment at the time the service is rendered;

20. requiring land registrars to assign to persons who ask to search the records of the land registry office account numbers and other identification to enable them to do so;

21. specifying the method in which fees and other receipts of a land registry office shall be collected, kept and accounted for.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of the Regulations Act.

257. (1) Section 102 of the Act is repealed and the following substituted:

Regulations

102. (1) The Minister may make regulations,

1. prescribing anything that by this Act is required to be prescribed by the regulations, other than forms and provisions for their use;

2. prescribing the minimum and maximum dimensions of instruments tendered for registration;

3. respecting the quality of writing and material used in instruments tendered for registration and in copies required by this Act;

4. requiring, in connection with an instrument presented for registration, proof of compliance with any law that if not complied with might detrimentally affect the title or interest of a person claiming title or an interest under the instrument, and governing the form and manner of presentation of that proof;

5. prescribing classes of instruments for the purpose of clause 25 (3) (f);

6. designating instruments or documents or classes of them to which clause 50 (1) (c) does not apply;

7. governing surveys, plans and descriptions of land and procedures related to them for the purposes of the Boundaries Act, the Certification of Titles Act, the Condominium Act, the Land Titles Act and this Act and specifying the powers and duties of the examiner of surveys;

8. designating certification areas for the purpose of subsection 78 (10);

9. prescribing the manner in which sketches referred to in subsection 81 (2) are to be prepared;

10. governing the correction of errors, defects and omissions in registered and deposited plans;

11. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, other than a matter mentioned in subsection (2) or section 13, 100 or 101.1.

Director's regulations

(2) The Director may make regulations prescribing forms and providing for their use.

Scope of regulations and orders

102.1 The application of any provision of an order made by the Director under section 100, an order made by the Minister under section 101.1, or a regulation made under section 102 may be limited to one or more registry divisions or one or more part or parts of a registry division or divisions.

(2) Despite subsection (1), regulations made under paragraph 3, 5, 10, 11, 12, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 or 31 of subsection 102 (1) of the Act, as those paragraphs read immediately before subsection (1) comes into force, continue until,

(a) the Director makes an order under section 100 of the Act, as re-enacted by section 255, that is inconsistent with those regulations; or

(b) the Minister makes an order under section 101.1 of the Act, as enacted by section 256, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 3, 5, 10, 11, 12, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 or 31 of subsection 102 (1) of the Act, as those paragraphs read immediately before subsection (1) comes into force, if,

(a) the Director makes an order under section 100 of the Act, as re-enacted by section 255, that is inconsistent with those regulations; or

(b) the Minister makes an order under section 101.1 of the Act, as enacted by section 256, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraph 4, 6, 7, 8, 9, 13, 15, 16, 30, 32 or 34 of subsection 102 (1) of the Act, as those paragraphs read immediately before subsection (1) comes into force, if,

(a) the Minister makes a regulation under subsection 102 (1) of the Act, as re-enacted by subsection (1), that is inconsistent with those regulations; or

(b) the Director makes a regulation under subsection 102 (2) of the Act, as enacted by subsection (1), that is inconsistent with those regulations.

258. (1) Subsection 103 (1) of the Act is amended by striking out "Lieutenant Governor in Council" in the second and third lines and substituting "Minister".

(2) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 103 (1) of the Act, as that subsection read immediately before subsection (1) comes into force, if the Minister makes a regulation under subsection 103 (1) of the Act, as amended by subsection (1), that is inconsistent with those regulations.

(3) Subsection 103 (2) of the Act is repealed.

(4) Despite subsection (3), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 103 (2) of the Act, as that subsection read immediately before subsection (3) comes into force, if the Minister makes a regulation under paragraph 7 of subsection 102 (1) of the Act, as re-enacted by subsection 257 (1), that is inconsistent with those regulations.

259. (1) Section 104 of the Act is repealed.

(2) Despite subsection (1), regulations made under section 104 of the Act, as that section read immediately before subsection (1) comes into force, continue until the Director makes an order under section 13 of the Act, as re-enacted by section 212, that is inconsistent with those regulations.

(3) Despite subsection (1), the Director may by regulation revoke regulations made under section 104 of the Act, as that section read immediately before subsection (1) comes into force, if the Director makes an order under section 13 of the Act, as re-enacted by section 212, that is inconsistent with those regulations.

260. Section 105 of the Act is repealed and the following substituted:

Definition

105. In this Part,

document" includes,

(a) a plan of survey;

(b) any certificate, affidavit, statutory declaration or other proof as to the birth, baptism, marriage, divorce, death, burial, descendants or pedigree of any person, or as to the existence or non-existence, happening or non-happening of any fact, event or occurrence upon which the title to land may depend;

(c) a notice of sale, or other notice necessary to the exercise of any power of sale or appointment or other power relating to land;

(d) a receipt for payment of money under a registered instrument; and

(e) a notarial copy of a certificate, affidavit, statutory declaration, proof, notice or receipt described in this section that the Director specifies.

261. Section 107 of the Act is repealed and the following substituted:

Requisition on deposit

107. On every deposit, the person making the deposit shall deliver to the land registrar a requisition in the prescribed form containing a description of the land to which the deposit relates that complies with section 25.

262. (1) Subsection 108 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:

Record of deposit

(1) On receiving and accepting a requisition for a deposit under section 107, the land registrar shall deposit and record it in the manner that the Director specifies.

(2) Subsections 108 (2) and (3) of the Act are repealed and the following substituted:

Numbering

(2) The land registrar shall number each deposit consecutively in the order of receiving instruments accepted for registration and requisitions accepted for deposit and shall note on each deposit the particulars of receipt in the manner that the Director specifies.

263. (1) Subclause 109 (2) (a) (ii) of the Act is repealed and the following substituted:

(ii) that contains or has attached to it material that does not, in the land registrar's opinion, relate to an interest in land; and

. . . . .

(2) Clause 109 (2) (b) of the Act is repealed and the following substituted:

(b) refrain from recording a part of a deposited document if the part does not, in the land registrar's opinion, relate to an interest in land.

264. Subsection 110 (2) of the Act is amended by inserting "estate trustee" after "administrator" in the first line.

Repair and Storage Liens Act

265. Subsection 9 (1) of the Repair and Storage Liens Act is repealed and the following substituted:

Registration of documents

(1) A claim for lien or change statement to be registered under this Part shall be in the required form and may be tendered for registration at a branch office established under Part IV of the Personal Property Security Act, or by mail addressed to an address required under that Act.

266. (1) Subsection 24 (3) of the Act is repealed and the following substituted:

Form

(3) The application shall be in the required form and may include an offer of settlement.

(2) Subsection 24 (5) of the Act is amended by striking out "the prescribed form" in the fourth and fifth lines and substituting "the required form".

(3) Subsection 24 (6) of the Act is amended by striking out "the prescribed form" in the seventh line and substituting "the required form".

(4) Subsection 24 (7) of the Act is amended by striking out "the prescribed form" in the ninth line and substituting "the required form".

(5) Subsection 24 (11) of the Act is amended by striking out "the prescribed form" in the sixth and ninth and tenth lines and substituting "the required form" in each case.

267. The Act is amended by adding the following section:

Powers of Minister

31.1 (1) The Minister responsible for the administration of this Act may make orders,

(a) requiring the payment of fees and specifying the amounts of those fees;

(b) specifying forms, the information to be contained in forms, the manner of recording the information, including the manner of setting out names, and the persons who shall sign forms;

(c) requiring that claim for lien forms and change statement forms to be registered under Part II shall be those provided or approved by the registrar;

(d) governing the time assigned to the registration of claims for lien and change statements;

(e) specifying abbreviations, expansions or symbols that may be used in a claim for lien or change statement or in the recording or production of information by the registrar.

Not regulations

(2) An order made by the Minister under subsection (1) is not a regulation within the meaning of the Regulations Act.

268. (1) Section 32 of the Act is repealed and the following substituted:

Regulations

32. The Lieutenant Governor in Council may make regulations specifying the types of security that may be deposited with a court under section 24.

(2) Despite subsection (1), regulations made under clause 32 (a), (b), (c), (d) or (e) of the Act, as those clauses read immediately before that subsection comes into force, continue until the Minister makes an order under section 31.1 of the Act, as enacted by section 267, that is inconsistent with those regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 32 (a), (b), (c), (d) or (e) of the Act, as those clauses read immediately before that subsection comes into force, if the Minister makes an order under section 31.1 of the Act, as enacted by section 267, that is inconsistent with those regulations.

Theatres Act

269. The definition of "Minister" in section 1 of the Theatres Act is repealed and the following substituted:

Minister" means the minister responsible for the administration of this Act. ("ministre")

270. Section 2 of the Act is repealed and the following substituted:

Director

2. (1) The Deputy Minister may appoint a person as the Director to administer and enforce this Act and the regulations.

Powers

(2) The Director has all the powers of an inspector.

Assistant Director

(3) The Deputy Minister may appoint an Assistant Director who shall act as Director in the absence of the Director or when so instructed to act by the Director.

Powers

(4) When acting as the Director, an Assistant Director has all the powers of the Director.

271. Subsection 4 (1) of the Act is amended by striking out "Lieutenant Governor in Council" in the first and second lines and substituting "Director".

272. Subsection 9 (2) of the Act is amended by striking out "prescribed fee" in the fourth and fifth lines and substituting "required fee".

273. Subsection 12 (1) of the Act is amended by striking out "prescribed fee" in the fourth line and substituting "required fee".

274. Section 13 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

275. Sections 18 and 20 of the Act are repealed.

276. Section 25 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

277. (1) Subsection 28 (1) of the Act is amended by striking out "prescribed fee" in the fifth line and substituting "required fee".

(2) Subsection 28 (2) of the Act is amended by striking out "prescribed fee" in the fourth line of the portion after clause (b) and substituting "required fee".

(3) Subsection 28 (3) of the Act is amended by striking out "prescribed fee" in the first line of the portion after subclause (b) (iii) and substituting "required fee".

278. Section 30 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

279. (1) Section 33 of the Act is amended by adding the following subsection:

Approval

(1.1) The Board may approve a film for exhibition and distribution in Ontario in accordance with the methods prescribed by the regulations.

(2) Subsection 33 (4) of the Act is repealed and the following substituted:

Quorum

(4) Except if this Act provides otherwise, a quorum of the Board for the purpose of exercising a power under clause 3 (7) (a) or (d) is,

(a) two members, if the chair does not specify otherwise under clause (b); or

(b) the number of members that the chair specifies, if the chair is of the opinion that more than two members are required.

(3) Subsection 33 (5) of the Act is amended by striking out "prescribed fee" in the fourth line and substituting "required fee".

280. Section 36 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

281. Subsection 39 (2) of the Act is amended by striking out "prescribed fee" in the fourth and fifth lines and substituting "required fee".

282. (1) Subsection 41 (1) of the Act is amended by striking out "prescribed fee" in the third line and substituting "required fee".

(2) Subclause 41 (2) (b) (i) of the Act is repealed.

283. Section 42 of the Act is amended by striking out "prescribed fee" at the end and substituting "required fee".

284. Sections 48, 49 and 50 of the Act are repealed.

285. Subsection 51 (2) of the Act is amended by striking out "prescribed fee" in the third line and substituting "required fee".

286. Subsection 52 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(1) The Director may, after a hearing, refuse to issue a licence under section 51 if,

. . . . .

287. The Act is amended by adding the following section:

Power of Minister

57.1 The Minister may by order require the payment of fees under this Act and approve the amount of those fees for,

(a) examinations and tests for any class of projectionist licence;

(b) issuing and renewing projectionist licences or any class of projectionist licence;

(d) a review under section 33;

(e) approval of advertising under section 39;

(f) certificates of approval and duplicates of these certificates;

(g) licences to exhibit standard film in buildings or premises other than a theatre in respect of which a licence is in force under this Act.

288. (1) Paragraphs 1, 2, 3, 4, 5, 6 and 7 of subsection 60 (1) of the Act are repealed.

(2) Subsection 60 (1) of the Act is amended by adding the following paragraph:

9.1 prescribing the method by which a film may be approved for exhibition or distribution.

(3) Paragraphs 13, 15 and 22 of subsection 60 (1) of the Act are repealed.

(4) Paragraph 23 of subsection 60 (1) of the Act is amended by striking out "and prescribing the fees therefor" at the end.

(5) Paragraphs 25, 27, 28 and 29 of subsection 60 (1) of the Act are repealed.

(6) Paragraph 30 of subsection 60 (1) of the Act is amended by striking out "and prescribing fees therefor" at the end.

(7) Paragraph 31 of subsection 60 (1) of the Act is amended by striking out "and prescribing fees therefor" at the end.

(8) Despite subsections (3), (4), (5), (6) and (7), regulations made under paragraphs 22, 23, 25, 27, 28, 29, 30 and 31 of subsection 60 (1) of the Act, as those paragraphs read immediately before those subsections come into force, continue until the Minister makes an order under section 57.1 of the Act, as enacted by section 287, that is inconsistent with those regulations.

(9) Despite subsections (3), (4), (5), (6) and (7), the Lieutenant Governor in Council may by regulation revoke regulations made under paragraphs 22, 23, 25, 27, 28, 29, 30 and 31 of subsection 60 (1) of the Act, as those paragraphs read immediately before those subsections come into force, if the Minister makes an order under section 57.1 of the Act, as enacted by section 287, that is inconsistent with those regulations.

Travel Industry Act

289. Subsection 2 (1) of the Travel Industry Act is repealed and the following substituted:

Registrar

(1) The Deputy Minister shall appoint a person as the Registrar for the purposes of this Act.

Vital Statistics Act

290. (1) The definition of "division registrar" in section 1 of the Vital Statistics Act is repealed and the following substituted:

division registrar" means a division registrar as specified in section 38. ("registraire de division de l'état civil")

(2) The French version of the definition of "Registrar General" in section 1 of the Act is amended by striking out "Conseil des ministres" in the third line and substituting "Conseil exécutif".

(3) The definition of "superintendent of an Indian agency" in section 1 of the Act is repealed.

291. Clause 13 (2) (a) of the Act is repealed and the following substituted:

(a) the required fee.

292. Subsection 14 (7) of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

293. Subsection 15 (2) of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

294. Subsection 17 (1) of the Act is amended by striking out "the prescribed fee" in the fifth line of the portion after subclause (1) (c) (ii) and substituting "the required fee".

295. Clause 27 (2) (a) of the Act is repealed and the following substituted:

(a) the required fee.

296. Subsection 38 (5) of the Act is amended by striking out "and upon payment of a special fee of 25 cents" in the sixth and seventh lines.

297. Section 41 of the Act is repealed.

298. Section 42 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 102, is repealed and the following substituted:

Forms

42. For the purposes of the administration of this Act, the Marriage Act or the Change of Name Act, the Registrar General may,

(a) provide for and require the use of forms, statutory declarations or affidavits in addition to or in substitution for forms, statutory declarations or affidavits prescribed by the regulations made under this Act, the Marriage Act or the Change of Name Act, as the case may be;

(b) require the use of forms, statutory declarations or affidavits supplied by the Registrar General; and

(c) permit information to be supplied in a format acceptable to the Registrar General rather than on forms or in statutory declarations or affidavits that are otherwise provided for or required under this section or the regulations made under this Act, the Marriage Act or the Change of Name Act, as the case may be.

299. (1) Subsection 44 (1) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

(2) Subsection 44 (2) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

(3) Subsection 44 (3) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

(4) Subsection 44 (4) of the Act is amended by striking out "the prescribed fee" in the second line and substituting "the required fee".

300. (1) Subsection 45 (1) of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

(2) Subsection 45 (2) of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

301. Clause 48 (1) (b) of the Act is repealed and the following substituted:

(b) pays the required fee; and

. . . . .

302. The Act is amended by adding the following section:

Powers of Registrar General

59.1 The Registrar General may by order,

(a) set and collect fees for services that the Registrar General provides under this Act; and

(b) provide for the waiver of payment of those fees in favour of any person or class of persons.

303. (1) Clause 60 (l) of the Act is repealed and the following substituted:

(l) prescribing the fees to be paid for anything done or permitted to be done under this Act, other than for services provided by the Registrar General, and providing for the waiver of payment of those fees in favour of any person or class of persons.

(2) Clause 60 (r) of the Act is repealed.

(3) Despite subsection (1), regulations made under clause 60 (l) of the Act, as that clause read immediately before that subsection comes into force, continue until the Registrar General makes an order under section 59.1 of the Act, as enacted by section 302, that is inconsistent with those regulations.

(4) Despite subsection (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 60 (l) of the Act, as that clause read immediately before that subsection comes into force, if the Registrar General makes an order under section 59.1 of the Act, as enacted by section 302, that is inconsistent with those regulations.

Commencement

304. (1) Subject to subsections (2), (3) and (4), this Schedule comes into force on the day it receives Royal Assent.

Same, proclamation

(2) Sections 5 to 16, 20, 22 to 39, 59 to 92, 122, 131, 152, 161, 162, 163, 164, 165, 180, 181, 182, 235 and 262 come into force on a day to be named by proclamation of the Lieutenant Governor.

Same, other date

(3) Sections 143 and 213 come into force 60 days after this Act receives Royal Assent.

Same, other date

(4) Sections 129, 149, 150 and 151 come into force 180 days after this Act receives Royal Assent.

SCHEDULE F

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF ENERGY, SCIENCE AND TECHNOLOGY

Ontario Energy Board Act

1. Section 19 of the Ontario Energy Board Act, as amended by the Statutes of Ontario, 1997, chapter 37, section 3, is further amended by adding the following subsection:

Alternative methodology

(7.1) Subsections (2) to (6) do not apply if the Board is of the opinion that an alternative methodology should be used for approving or fixing just and reasonable rates and other charges.

Ontario Energy Corporation Act

2. (1) The Ontario Energy Corporation Act, as amended by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed.

Transition

(2) The assets and liabilities of the Ontario Energy Corporation are transferred to and assumed by Her Majesty in right of Ontario, as represented by the Minister of Energy, Science and Technology.

Same

(3) The Ontario Energy Corporation is dissolved.

Commencement

3. This Schedule comes into force on the day it receives Royal Assent.

SCHEDULE G

AMENDMENTS PROPOSED BY THE MINISTRY OF HEALTH

CONTENTS

Part

Sections

Partie

Articles

III

Amendments to the Regulated Health Professions Act, 1991

Amendments to the Health Professions Acts:

Audiology and Speech-Language Pathology Act, 1991

Chiropody Act, 1991

Chiropractic Act, 1991

Dental Hygiene Act, 1991

Dental Technology Act, 1991

Dentistry Act, 1991

Denturism Act, 1991

Dietetics Act, 1991

Massage Therapy Act, 1991

Medical Laboratory Technology Act, 1991

Medical Radiation Technology Act, 1991

Medicine Act, 1991

Midwifery Act, 1991

Nursing Act, 1991

Occupational Therapy Act, 1991

Opticianry Act, 1991

Optometry Act, 1991

Pharmacy Act, 1991

Physiotherapy Act, 1991

Psychology Act, 1991

Respiratory Therapy Act, 1991

Amendments to other Acts

Ambulance Act

Charitable Institutions Act

Coroners Act

Courts of Justice Act

Drug and Pharmacies Regulation Act

Evidence Act

Healing Arts Radiation Protection Act

Health Care Accessibility Act

Health Facilities Special Orders Act

Health Insurance Act

Health Protection and Promotion Act

Highway Traffic Act

Homes for the Aged and Rest Homes Act

Human Tissue Gift Act

Immunization of School Pupils Act

1-23

24-44

45-73

III

Modification de la Loi de 1991 sur les professions de la santé réglementées

Modification des lois sur les professions de la santé

Loi de 1991 sur les audiologistes et les orthophonistes

Loi de 1991 sur les podologues

Loi de 1991 sur les chiropraticiens

Loi de 1991 sur les hygiénistes dentaires

Loi de 1991 sur les technologues dentaires

Loi de 1991 sur les dentistes

Loi de 1991 sur les denturologistes

Loi de 1991 sur les diététistes

Loi de 1991 sur les massothérapeutes

Loi de 1991 sur les technologistes de laboratoire médical

Loi de 1991 sur les technologues en radiation médicale

Loi de 1991 sur les médecins

Loi de 1991 sur les sages-femmes

Loi de 1991 sur les infirmières et infirmiers

Loi de 1991 sur les ergothérapeutes

Loi de 1991 sur les opticiens

Loi de 1991 sur les optométristes

Loi de 1991 sur les pharmaciens

Loi de 1991 sur les physiothérapeutes

Loi de 1991 sur les psychologues

Loi de 1991 sur les inhalothérapeutes

Modification d'autres lois

Loi sur les ambulances

Loi sur les établissements de bienfaisance

Loi sur les coroners

Loi sur les tribunaux judiciaires

Loi sur la réglementation des médicaments et des pharmacies

1-23

24-44

45-73

III

Independent Health Facilities Act

Interpretation Act

Laboratory and Specimen Collection Centre Licensing Act

Liquor Licence Act

Livestock Medicines Act

Long-Term Care Act, 1994

Nursing Homes Act

Pay Equity Act

Prepaid Hospital and Medical Services Act

Private Hospitals Act

Public Hospitals Act

Public Sector Salary Disclosure Act, 1996

Retail Business Holidays Act

Veterinarians Act

Commencement

III

Loi sur la preuve

Loi sur la protection contre les rayons X

Loi sur l'accessibilité aux services de santé

Loi sur les arrêtés extraordinaires relatifs aux établissements de santé

Loi sur l'assurance-santé

Loi sur la protection et la promotion de la santé

Code de la route

Loi sur les foyers pour personnes âgées et les maisons de repos

Loi sur le don de tissus humains

Loi sur l'immunisation des élèves

Loi sur les établissements de santé autonomes

Loi d'interprétation

Loi autorisant des laboratoires médicaux et des centres de prélèvement

Loi sur les permis d'alcool

Loi sur les médicaments pour le bétail

Loi de 1994 sur les soins de longue durée

Loi sur les maisons de soins infirmiers

Loi sur l'équité salariale

Loi sur les services hospitaliers et médicaux prépayés

Loi sur les hôpitaux privés

Loi sur les hôpitaux publics

Loi de 1996 sur la divulgation des traitements dans le secteur public

Loi sur les jours fériés dans le commerce de détail

Loi sur les vétérinaires

Entrée en vigueur

___________________

PART I

AMENDMENTS TO THE REGULATED HEALTH PROFESSIONS ACT, 1991

1. The definition of "Board" in subsection 1 (1) of the Regulated Health Professions Act, 1991 is repealed and the following substituted:

Board" means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

2. (1) Subsection 6 (1) of the Act is repealed and the following substituted:

Annual report

(1) Each College and the Advisory Council shall report annually to the Minister on its activities and financial affairs.

(2) Subsection 6 (3) of the Act is repealed and the following substituted:

Audited financial statement

(3) Each College's annual report shall include an audited financial statement.

3. Sections 18 to 23 of the Act are repealed.

4. Subsection 24 (1) of the Act is repealed.

5. Section 25 of the Act is repealed.

6. Clause 27 (1) (b) of the Act is amended by striking out "in accordance with section 28" in the second and third lines.

7. (1) Clause 36 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule G, section 27, is repealed and the following substituted:

(d) as may be required for the administration of the Drug Interchangeability and Dispensing Fee Act, the Healing Arts Radiation Protection Act, the Health Insurance Act, the Independent Health Facilities Act, the Laboratory and Specimen Collection Centre Licensing Act, the Ontario Drug Benefit Act, the Narcotic Control Act (Canada) and the Food and Drugs Act (Canada);

(d.1) to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result.

(2) Section 36 of the Act, as amended by the Statutes of Ontario, 1993, chapter 37, section 1 and 1996, chapter 1, Schedule G, section 27, is further amended by adding the following subsections:

Definition

(1.2) In clause (1) (d.1), "

law enforcement proceeding" means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed.

Limitation

(1.3) No person or member described in subsection (1) shall disclose, under clause (1) (d.1), any information with respect to a person other than a member.

No requirement

(1.4) Nothing in clause (1) (d.1) shall require a person described in subsection (1) to disclose information to a police officer unless the information is required to be produced under a warrant.

8. Section 38 of the Act is amended by striking out "the Board" in the third line and in the fifth and sixth lines.

9. The French version of Schedule 1 to the Act is amended by striking out "Loi de 1991 sur les inhalothérapeutes" and "Inhalothérapie" and by adding at the end of the Schedule "Loi de 1991 sur les thérapeutes respiratoires" and "thérapie respiratoire".

10. The definition of "Board" in subsection 1 (1) of Schedule 2 to the Act is repealed and the following substituted:

Board" means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

11. Subsection 10 (3) of Schedule 2 to the Act is amended by striking out "regulations" and substituting "by-laws".

12. Section 22 of Schedule 2 to the Act is amended by adding the following subsection:

Same

(3.1) The following provisions of the Statutory Powers Procedure Act also apply with necessary modifications to a review by the Board:

1. Section 21.1 (correction of errors).

2. Section 25.1 (rules).

13. (1) Clause 23 (2) (g) of Schedule 2 to the Act is repealed and the following substituted:

(g) information that is required to be kept in the register in accordance with the by-laws.

(2) Paragraph 4 of subsection 23 (3) of Schedule 2 to the Act is amended by striking out "regulations" and substituting "by-laws".

(3) Section 23 of Schedule 2 to the Act, as amended by the Statutes of Ontario, 1993, chapter 37, section 7, is further amended by adding the following subsection:

When information can be withheld

(3.1) The Registrar may refuse to allow a person to obtain a member's business address and business telephone number if the Registrar has reasonable grounds to believe that disclosure of the information may jeopardize the member's safety.

14. Section 24 of Schedule 2 to the Act is repealed and the following substituted:

Suspension for non-payment of fees

24. If a member fails to pay a fee that he or she is required to pay in accordance with the by-laws, the Registrar shall give the member notice of default and of intention to suspend the member and may suspend the member's certificate of registration for failure to pay the fee two months after notice is given.

15. (1), (2) Struck out.

(3) Subsection 26 (3) of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 1993, chapter 37, section 8, is repealed and the following substituted:

Complaint about sexual abuse

(3) In exercising its powers under paragraph 4 of subsection (2), the panel may not refer the matter to the Quality Assurance Committee if the complaint is about sexual abuse as defined in clause 1 (3) (a) or (b).

Complaint in bad faith, etc.

(4) If the panel considers a complaint to be frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the complainant and the member notice that it intends to take no action with respect to the complaint and that the complainant and the member have a right to make written submissions within 30 days after receiving the notice.

Same

(5) If the panel is satisfied, after considering the written submissions of the complainant and the member, that a complaint was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the panel shall not take action with respect to the complaint.

16. Section 34 of Schedule 2 to the Act is amended by the adding following subsection:

Same

(2) The following provisions of the Statutory Powers Procedure Act also apply with necessary modifications to a review by the Board:

1. Section 4 (waiver of procedural requirement).

2. Section 4.1 (disposition of proceeding without hearing).

3. Section 5.1 (written hearings).

4. Section 5.2 (electronic hearings).

5. Section 5.3 (pre-hearing conferences).

6. Section 21 (adjournments).

7. Section 21.1 (correction of errors).

8. Section 25.1 (rules).

17. Section 42.1 of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 1993, chapter 37, section 12, is amended by adding the following subsection:

Exception

(2) A panel may, in its discretion, allow the introduction of evidence that is inadmissible under this section and may make directions it considers necessary to ensure that the College is not prejudiced.

18. Section 66 of Schedule 2 to the Act is amended by adding the following subsection:

Exception

(4) A panel may, in its discretion, allow a party to introduce evidence that is inadmissible under this section and may make directions it considers necessary to ensure that the other parties are not prejudiced.

19. Section 83 of Schedule 2 to the Act is amended by adding the following subsection:

Evidence in proceedings

(5) Without limiting the generality of section 36 of the Regulated Health Professions Act, 1991, information described in subsection (1) or information held by a member for the purpose of complying with the requirements of a prescribed quality assurance program mentioned in section 80 is not admissible in evidence in a civil proceeding except in a proceeding under a health profession Act and to the extent permitted by that Act or a regulation made under that Act.

20. Section 87 of Schedule 2 to the Act is amended by striking out "the Regulated Health Professions Act, 1991 or the regulations under those Acts" in the fourth and fifth lines and substituting "the Regulated Health Professions Act, 1991, the regulations under those Acts or the by-laws made under clause 94 (1) (l.2), (l.3), (s), (t), (v), (w) or (y)".

21. Schedule 2 to the Act is amended by adding the following section:

Forms

93.1 The College may require that forms approved by the College be used for any purpose under the Act.

22. (1) Subsection 94 (1) of Schedule 2 to the Act is amended by adding the following clauses:

(d.1) respecting the election of Council members, including the requirements for members to be able to vote, electoral districts and election recounts;

(d.2) respecting the qualification and terms of office of Council members who are elected;

(d.3) prescribing conditions disqualifying elected members from sitting on the Council and governing the removal of disqualified Council members;

. . . . .

(g.1) providing that a meeting of the Council or of members or a meeting of a committee or of a panel that is held for any purpose other than for the conducting of a hearing may be held in any manner that allows all the persons participating to communicate with each other simultaneously and instantaneously;

(g.2) prescribing what constitutes a conflict of interest for members of the Council or a committee and regulating or prohibiting the carrying out of the duties of those members in cases in which there is a conflict of interest;

. . . . .

(h.1) respecting the filling of vacancies on the Council or on committees;

(h.2) providing for the composition of committees;

(h.3) respecting the qualification, selection, appointment and terms of office of members of committees required by subsection 10 (1) who are not members of the Council;

(h.4) prescribing conditions disqualifying committee members from sitting on committees required under subsection 10 (1) and governing the removal of disqualified committee members.

(2) Clause 94 (1) (i) of Schedule 2 to the Act is repealed and the following substituted:

(i) providing for the appointment, powers and duties of committees other than the committees required by subsection 10 (1).

(3) Clause 94 (1) (l) of Schedule 2 to the Act is repealed and the following substituted:

(l) providing for the appointment of inspectors for the purposes of regulations made under clause 95 (1) (h);

(l.1) respecting the maintenance of the register kept by the Registrar and providing for the issuing of certificates when information contained in the register is made available to the public under subsection 23 (3);

(l.2) prescribing information as information to be kept in the register for the purposes of clause 23 (2) (g) and designating information kept in the register as public for the purposes of paragraph 4 of subsection 23 (3);

(l.3) requiring members to give the College their home addresses and such other information as may be specified in the by-law about themselves and the places they practise the profession, the services they provide there, their participation in continuing education programs and the names, business addresses, telephone numbers and facsimile numbers of their associates, partners, employers and employees and prescribing the form and manner in which the information shall be given;

(l.4) respecting the duties and office of the Registrar.

(4) Subsection 94 (1) of Schedule 2 to the Act is amended by adding the following clauses:

(s) requiring members to pay annual fees, fees upon application for a certificate and upon registration and fees for examinations, appeals from examinations, election recounts and continuing education programs and for anything the Registrar or a committee of the College is required or authorized to do and requiring members to pay penalties for the late payment of any fee;

(t) specifying the amount of any fee or penalty required under clause (s);

(u) requiring persons to pay fees, set by the Registrar or by by-law, for anything the Registrar is required or authorized to do;

(v) requiring members to pay specified amounts to pay for the program required under section 85.7, including amounts that are different for different members or classes of members and including amounts,

(i) that are specified in the by-law,

(ii) that are calculated according to a method set out in the by-law, or

(iii) that are determined by a person specified in the by-law;

(w) requiring members to participate in an arrangement set up by the College in which members pay a person such amounts as may be determined by the person for the members or for classes of members and the person pays amounts to the College to pay for the program required under section 85.7;

(x) authorizing the Patient Relations Committee to require therapists and counsellors who are providing therapy or counselling that is funded through the program required under section 85.7 and persons who are receiving such therapy or counselling, to provide a written statement, signed in each case by the therapist or counsellor and by the person, containing details of the therapist's or counsellor's training and experience, and confirming that therapy or counselling is being provided and that the funds received are being devoted only to that purpose;

(y) requiring members to have professional liability insurance that satisfies the requirements specified in the by-laws or to belong to a specified association that provides protection against professional liability and requiring members to give proof of the insurance or membership to the Registrar in the manner set out in the by-laws;

(z) respecting the designation of life or honourary members of the College and prescribing their rights and privileges;

(z.1) exempting any member or class of member from a by-law made under this section;

(z.2) specifying or setting out anything that is required to be specified or set out under this subsection.

(5) Subsection 94 (2) of Schedule 2 to the Act is repealed and the following substituted:

Circulation of certain by-laws

(2) A by-law shall not be made under clause (1) (l.2), (l.3), (s), (t), (v), (w) or (y) unless the proposed by-law is circulated to every member at least 60 days before it is approved by the Council.

Exception

(2.1) Despite subsection (2), the Council may, with the approval of the Minister, exempt a by-law from the requirement that it be circulated or abridge the 60-day period referred to in subsection (2) to such lesser period as the Minister may determine.

(6) Section 94 of Schedule 2 to the Act is amended by adding the following subsection:

Application

(5) Subsections (3) and (4) apply to by-laws made under this section or under a health profession Act.

23. (1) Subsection 95 (1) of Schedule 2 to the Act, as amended by the Statutes of Ontario, 1993, chapter 37, section 27, is repealed and the following substituted:

Regulations

(1) Subject to the approval of the Lieutenant Governor in Council and with prior review of the Minister, the Council may make regulations,

(a) prescribing classes of certificates of registration and imposing terms, conditions and limitations on the certificates of registration of a class;

(b) respecting applications for certificates of registration or classes of them and the issuing, suspension, revocation and expiration of the certificates or classes of them;

(d) prescribing certain registration requirements as non-exemptible requirements for the purposes of subsection 18 (3);

(e) defining specialties in the profession, providing for certificates relating to those specialties, the qualifications for and suspension and revocation of those certificates and governing the use of prescribed terms, titles or designations by members indicating a specialization in the profession;

(f) requiring, for purposes associated with the registration of members, the successful completion of examinations as set, from time to time, by the College, other persons or associations of persons and providing for an appeal of the results of the examinations;

(g) governing or prohibiting the delegation by or to members of controlled acts set out in subsection 27 (2) of the Regulated Health Professions Act, 1991\;

(h) requiring and providing for the inspection and examination of premises used in connection with the practice of the profession and of equipment, books, accounts, reports and records of members relating to their practices;

(i) prescribing what constitutes a conflict of interest in the practice of the profession and regulating or prohibiting the practice of the profession in cases in which there is a conflict of interest;

(j) defining professional misconduct for the purposes of clause 51 (1) (c);

(k) designating acts of professional misconduct that must be reported;

(l) respecting the promotion or advertising of the practice of the profession;

(m) respecting the reporting and publication of decisions of panels;

(n) prescribing the standards of practice of the profession and prohibiting members from acting beyond the scope of practice of the profession in the course of practising the profession;

(o) requiring members to keep prescribed records in respect of their practice;

(p) regulating or prohibiting the use of terms, titles and designations by members in respect of their practices;

(q) prescribing alternative requirements for eligibility for funding under clause 85.7 (4) (b);

(r) prescribing a quality assurance program;

(s) respecting the giving of notice of meetings and hearings that are to be open to the public;

(t) providing for the exemption of any member from the regulations made by the Council;

(u) prescribing anything that is referred to in the health profession Act or this Code as being prescribed.

Standards of practice

(1.1) A regulation under clause (1) (n) may adopt by reference, in whole or in part and with such changes as are considered necessary, any code, standard or guideline relating to standards of practice of the profession and require compliance with the code, standard or guideline as adopted.

Rolling incorporation

(1.2) If a regulation under subsection (1.1) so provides, a code, standard or guideline 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.

Copies available for inspection

(1.3) A copy of a code, standard or guideline adopted by reference under subsection (1.1) shall be available for public inspection during normal business hours in the office of the College.

Circulation

(1.4) A regulation shall not be made under subsection (1) unless the proposed regulation is circulated to every member at least 60 days before it is approved by the Council.

Same

(1.5) Subsection (1.4) does not apply to a regulation if the Minister required that the Council make the regulation under clause 5 (1) (c) of the Regulated Health Professions Act, 1991.

Exception

(1.6) Despite subsection (1.4), the Council may, with the approval of the Minister, exempt a regulation from the requirement that it be circulated or abridge the 60-day period referred to in subsection (1.4) to such lesser period as the Minister may determine.

Transition, regulations

(2) Subsection (3) applies with respect to regulations made under paragraphs 1 to 7, 14, 22, 23, 27 to 31, 31.2 to 32, 34, 35 and 38 of subsection 95 (1) of Schedule 2 to the Act that are in force immediately before subsection (1) comes into force.

Same

(3) Despite the coming into force of subsection (1) (repealing the authority under which the regulations are made), the regulations shall be deemed to continue in force until they are revoked by the authority that made them.

Same

(4) A reference to by-laws in any Act listed in Schedule 1 to the Regulated Health Professions Act, 1991 shall be deemed to include a reference to regulations which are deemed to continue in force under subsection (3).

PART II

AMENDMENTS TO HEALTH PROFESSIONS ACTS

Audiology and Speech-Language Pathology Act, 1991

24. (1) Clause 6 (1) (a) of the Audiology and Speech-Language Pathology Act, 1991 is repealed and the following substituted:

(a) at least eight and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) two persons selected, in accordance with a by-law made under section 11, from among members who are members of a faculty of audiology or speech-language pathology of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 11 of the Act is repealed and the following substituted:

By-laws

11. The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Chiropody Act, 1991

25. (1) Clause 7 (1) (a) of the Chiropody Act, 1991 is repealed and the following substituted:

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 7 (1) (c) of the Act is repealed and the following substituted:

(c) one or two persons selected, in accordance with a by-law made under section 13.1, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas or degrees in chiropody.

(3) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 13 of the Act is repealed and the following substituted:

Regulations

13. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations designating the substances that may be administered by injection and the drugs that may be prescribed by members in the course of engaging in the practice of chiropody.

By-laws

13.1 The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.

Chiropractic Act, 1991

26. (1) Clause 6 (1) (a) of the Chiropractic Act, 1991 is repealed and the following substituted:

(a) nine persons who are members elected in accordance with the by-laws.

(2) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Dental Hygiene Act, 1991

27. (1) Clause 7 (1) (a) of the Dental Hygiene Act, 1991 is repealed and the following substituted:

(a) at least nine and no more than 12 persons who are members elected in accordance with the by-laws.

(2) Clause 7 (1) (c) of the Act is repealed and the following substituted:

(c) two persons selected, in accordance with a by-law made under section 12.1, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas or degrees in dental hygiene.

(3) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

Regulations

12. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations restricting the drugs that a member may use in the course of engaging in the practice of dental hygiene.

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Dental Technology Act, 1991

28. (1) Clause 5 (1) (a) of the Dental Technology Act, 1991 is repealed and the following substituted:

(a) seven persons who are members elected in accordance with the by-laws.

(2) Subsection 5 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Dentistry Act, 1991

29. (1) Clause 6 (1) (a) of the Dentistry Act, 1991 is repealed and the following substituted:

(a) at least 10 and no more than 12 persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) two persons selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of dentistry of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

Regulations

12. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations regulating the dispensing of drugs by members, requiring members to keep prescribed records and to provide to the Minister reports containing prescribed information respecting the dispensing of drugs.

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Denturism Act, 1991

30. (1) Clause 6 (1) (a) of the Denturism Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than eight persons who are members elected in accordance with the by-laws.

(2) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Dietetics Act, 1991

31. (1) Clause 5 (1) (a) of the Dietetics Act, 1991 is repealed and the following substituted:

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws.

(2) Subsection 5 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Massage Therapy Act, 1991

32. (1) Clause 5 (1) (a) of the Massage Therapy Act, 1991 is repealed and the following substituted:

(a) at least six and no more than seven persons who are members elected in accordance with the by-laws.

(2) Subsection 5 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Medical Laboratory Technology

Act, 1991

33. (1) Clause 7 (1) (a) of the Medical Laboratory Technology Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than 11 persons who are members elected in accordance with the by-laws.

(2) Clause 7 (1) (c) of the Act is repealed and the following substituted:

(c) one person selected, in accordance with a by-law made under section 12, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas in medical laboratory sciences.

(3) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

By-laws

12. The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Medical Radiation Technology

Act, 1991

34. (1) Clause 7 (1) (a) of the Medical Radiation Technology Act, 1991 is repealed and the following substituted:

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 7 (1) (c) of the Act is repealed and the following substituted:

(c) one or two persons selected, in accordance with a by-law made under section 12.1, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas or degrees in radiation technology.

(3) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Subsection 12 (1) of the Act is repealed.

(5) The Act is amended by adding the following section:

By-laws

12.1 The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.

Medicine Act, 1991

35. (1) Clause 6 (1) (a) of the Medicine Act, 1991 is repealed and the following substituted:

(a) at least 15 and no more than 16 persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) three persons selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of medicine of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

Regulations

12. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations regulating the compounding, dispensing and sale of drugs by members, requiring members to keep prescribed records and to provide to the Minister reports containing prescribed information respecting the compounding, dispensing and sale of drugs.

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Midwifery Act, 1991

36. (1) Clause 6 (1) (a) of the Midwifery Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than eight persons who are members elected in accordance with the by-laws.

(2) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Nursing Act, 1991

37. (1) Clause 9 (1) (a) of the Nursing Act, 1991 is amended by striking out "in the prescribed manner" in the second line and substituting "in accordance with the by-laws".

(2) Subsection 9 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(3) The French version of subsection 11 (1) of the Act is amended by striking out "d'«infirmière auxiliaire» ou d'«infirmier auxiliaire»" in the fourth and fifth lines and substituting "d'«infirmière auxiliaire autorisée» ou d'«infirmier auxiliaire autorisé»".

Occupational Therapy Act, 1991

38. (1) Clause 5 (1) (a) of the Occupational Therapy Act, 1991 is repealed and the following substituted:

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 5 (1) (c) of the Act is repealed and the following substituted:

(c) one or two persons selected, in accordance with a by-law made under section 10, from among members who are members of a faculty of occupational therapy of a university in Ontario.

(3) Subsection 5 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 10 of the Act is repealed and the following substituted:

By-laws

10. The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.

Opticianry Act, 1991

39. (1) Clause 7 (1) (a) of the Opticianry Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than 10 persons who are members elected in accordance with the by-laws.

(2) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Optometry Act, 1991

40. (1) Clause 6 (1) (a) of the Optometry Act, 1991 is repealed and the following substituted:

(a) at least eight and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) one person selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of optometry of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

Regulations

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Pharmacy Act, 1991

41. (1) Clause 7 (1) (a) of the Pharmacy Act, 1991 is repealed and the following substituted:

(a) at least nine and no more than 17 persons who are members elected in accordance with the by-laws.

(2) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(3) Subsection 9 (3) of the Act is repealed and the following substituted:

Composition

(3) The composition of the Accreditation Committee shall be in accordance with the by-laws.

(4) Section 13 of the Act is repealed.

Physiotherapy Act, 1991

42. (1) Clause 6 (1) (a) of the Physiotherapy Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than eight persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) one or two persons selected, in accordance with a by-law made under section 11, from among members who are members of a faculty of physiotherapy or physical therapy of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 11 of the Act is repealed and the following substituted:

By-laws

11. The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.

Psychology Act, 1991

43. (1) Clause 6 (1) (a) of the Psychology Act, 1991 is repealed and the following substituted:

(a) at least five and no more than seven persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) two or three persons selected, in accordance with a by-law made under section 11, from among members who are members of a faculty of a department of psychology of a university in Ontario that is specified in the by-laws.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 11 of the Act is repealed and the following substituted:

By-laws

11. The Council may make by-laws,

(a) respecting the qualifications, number, selection and terms of office of Council members who are selected; and

(b) specifying Ontario universities for the purposes of clause 6 (1) (c).

Respiratory Therapy Act, 1991

44. (1) The French version of the title of the Respiratory Therapy Act, 1991 is repealed and the following substituted:

Loi de 1991 sur les thérapeutes respiratoires

(2) The French version of the Act is amended by striking out "inhalothérapeute" and "inhalothérapie" wherever they occur and substituting "thérapeute respiratoire" and "thérapie respiratoire", as the case may be.

(3) Subsection 5 (1) of the Act, as re-enacted the Statutes of Ontario, 1997, chapter 9, section 6, is repealed and the following substituted:

Additional requirements for authorized acts

(1) A member shall not perform a procedure under the authority of paragraph 1, 2 or 4 of section 4 unless the procedure is ordered by,

(a) a member of the College of Physicians and Surgeons of Ontario, the College of Midwives of Ontario or the Royal College of Dental Surgeons of Ontario;

(b) a member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991\; or

(4) Clause 7 (1) (a) of the Act is repealed and the following substituted:

(a) at least seven and no more than 10 persons who are members elected in accordance with the by-laws.

(5) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

PART III

AMENDMENTS TO OTHER ACTS

Ambulance Act

45. (1) The definition of "Board" in section 1 of the Ambulance Act is repealed and the following substituted:

Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

(2) Section 10 of the Act is repealed.

(3) Subsection 15 (7) of the Act is repealed.

(4) Section 16 of the Act is repealed and the following substituted:

Appeal to court

16. (1) Any party to the proceedings before the Board may appeal from its decision to the Divisional Court in accordance with the rules of court.

Record to be filed in court

(2) Where any party appeals from a decision of the Board, the Board shall forthwith file in the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Board's record, shall constitute the record in the appeal.

Powers of court on appeal

(3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Board and may exercise all powers of the Board to direct the Director to take any action which the Board may direct him or her to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Director or of the Board, or the court may refer the matter back to the Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper.

Charitable Institutions Act

46. (1) The definition of "Appeal Board" in section 1 of the Charitable Institutions Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 1, is repealed and the following substituted:

Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission d'appel")

(2) Subsections 9.11 (7) and (8) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 6, are repealed.

(3) Subsection 9.11 (13) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 6, is repealed and the following substituted:

Health Insurance Act

(13) Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.

(4) Section 9.12 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 6, is repealed.

Coroners Act

47. Clause 3 (2) (b) of the Coroners Act is repealed and the following substituted:

(b) upon ceasing to be a legally qualified medical practitioner.

Courts of Justice Act

48. Subsection 105 (1) of the Courts of Justice Act is amended by striking out "a psychologist registered under the Psychologists Registration Act" in the fourth and fifth lines and substituting "a member of the College of Psychologists of Ontario".

Drug and Pharmacies Regulation Act

49. (1) The definition of "Board" in subsection 1 (1) of the Drug and Pharmacies Regulation Act, as re-enacted by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed.

(2) The definition of "member" in subsection 117 (1) of the Act is repealed.

(3) The definition of "pharmacist" in subsection 117 (1) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed and the following substituted:

pharmacist" means a person registered as a pharmacist under the Pharmacy Act, 1991. ("pharmacien")

(4) Section 123 of the Act, as amended by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed.

Transition

(5) Despite the coming into force of subsection (4), a regulation made under clause 123 (1) (j) of the Act respecting information to be furnished with respect to pharmacies shall be deemed to continue in force until it is revoked by the authority that made it.

(6) Section 124 of the Act, as amended by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed.

(7) Subsection 140 (2) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed and the following substituted:

Procedure

(2) The provisions of the Health Professions Procedural Code dealing with allegations of a member's professional misconduct or incompetence referred to the Discipline Committee, interim orders where such allegations are referred to the Committee and hearings, reviews and appeals from decisions of panels of the Discipline Committee apply, with necessary modifications and subject to subsection (3), to allegations referred to the Discipline Committee under subsection (1).

(8) Subsection 140 (4) of the Act is amended by striking out "the prescribed fee" in the second and third lines and substituting "the fee required under the by-laws".

(9) Section 141 of the Act is amended by striking out "as the regulations prescribe" at the end and substituting "as may be required by the by-laws".

(10) The Act is amended by adding the following heading after section 160:

By-laws and Regulations

(11) The Act is amended by adding the following section:

By-laws

160.1 (1) The Council may make by-laws relating to the administrative and internal affairs of the College and, without limiting the generality of the foregoing, the Council may make by-laws,

(a) requiring pharmacists or operators of pharmacies to give the College such information respecting pharmacies as may be set out in the by-laws, including the location of pharmacies, the name and address of pharmacies, the residential address of pharmacists and the name and address of owners and managers of pharmacies and, if the pharmacy is owned by a corporation, of the directors of the corporation, and any changes thereto;

(b) providing for the information, instruments or documents to be filed with the Registrar by persons opening, acquiring, relocating or closing a pharmacy, the form thereof and the time of filing;

(c) prescribing a fee for applying for a certificate of accreditation and for the issuance and renewal of such certificates and requiring pharmacists and operators of pharmacies to pay the fee;

(d) providing for the appointment of inspectors for the purposes of this Part.

Copies of by-laws

(2) A copy of the by-laws made by the Council shall be given to the Minister and to each member and operator of a pharmacy and shall be available for public inspection during normal business hours in the office of the College.

Unanimous by-laws, etc.

(3) A by-law or resolution signed by all the members of the Council is as valid and effective as if passed at a meeting of the Council called, constituted and held for the purpose.

(12) Subsection 161 (1) of the Act is amended by adding the following clauses:

(k.1) prescribing books and records to be kept and returns to be made with respect to pharmacies and providing for the examination and audit of such books and records;(k.2) respecting the promotion or advertising of pharmacies and respecting advertising by operators of pharmacies.

(k.2) respecting the promotion or advertising of pharmacies and respecting advertising by operators of pharmacies.

(13) Clause 161 (1) (n) of the Act is repealed and the following substituted:

(n) providing for applications for certificates of accreditation of pharmacies, and the issuance, suspension, revocation, expiration and renewal of such certificates.

(14) Clauses 161 (1) (o) and (p) of the Act are repealed.

Transition

(15) Subsection (16) applies with respect to regulations respecting fees made under clause 161 (1) (n) and regulations made under clause 161 (1) (o) or (p) and under subsection 161 (2) of the Act that are in force immediately before subsections (13) and (14) come into force.

Same

(16) Despite the coming into force of subsections (13) and (14) (repealing the authority under which the regulations are made), the regulations shall be deemed to continue in force until they are revoked by the authority that made them.

Same

(17) A reference to by-laws in the Act shall be deemed to include a reference to regulations which are deemed to continue in force under subsection (16).

(18) Subsection 161 (1) of the Act is amended by adding the following clauses:

(s) regulating the use of containers in which drugs may be dispensed;

(t) designating organizations to test, certify and designate containers that meet standards approved by the Council for such purposes as may be specified in the regulations, and requiring the use of containers that are so certified and designated except under such circumstances as are prescribed.

(19) Subsection 161 (2) of the Act is repealed and the following substituted:

Incorporation by reference

(2) A regulation under subsection (1) may adopt by reference, in whole or in part and with such changes as may be necessary, any document or publication and require compliance with the document or publication adopted.

Rolling incorporation

(3) If a regulation under subsection (2) so provides, a document or publication 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.

Copies available for inspection

(4) A copy of a document or publication adopted by reference under subsection (2) shall be available for public inspection during normal business hours in the office of the College.

(20) Section 163 of the Act is amended by striking out "Part or the regulations" in the second line and substituting "Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991 or of the regulations under this Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991".

(21) Section 167 of the Act is amended by striking out "Part" in the first line and substituting "Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991".

Evidence Act

50. Clauses (a), (c), (d), (e) and (f) of the definition of "practitioner" in subsection 52 (1) of the Evidence Act are repealed and the following substituted:

(a) a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991,

. . . . .

(c) a person licensed or registered to practise in another part of Canada under an Act that is similar to an Act referred to in clause (a) or (b).

Healing Arts Radiation Protection Act

51. (1) The definition of "Appeal Board" in subsection 1 (1) of the Healing Arts Radiation Protection Act is repealed and the following substituted:

Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission d'appel")

(2) Paragraphs 3, 4 and 5 of subsection 5 (2) of the Act are repealed and the following substituted:

3. A member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody.

4. A member of the College of Chiropractors of Ontario.

(3) Paragraphs 7 and 8 of subsection 5 (2) of the Act are repealed and the following substituted:

7. A member of the College of Medical Radiation Technologists of Ontario.

8. A member of the College of Dental Hygienists of Ontario.

(4) Clauses 6 (1) (c), (d) and (e) of the Act are repealed and the following substituted:

(c) a member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody;

(d) a member of the College of Chiropractors of Ontario; or

. . . . .

(5) Clauses 9 (1) (c), (d) and (e) of the Act are repealed and the following substituted:

(d) a member of the College of Chiropractors of Ontario; or

. . . . .

(6) Subsection 9 (2) of the Act is amended by striking out "(e) or (f)" in the fifth line and substituting "or (f)".

(7) Subsection 11 (7) of the Act is repealed.

(8) Subsections 23 (2) and (3) of the Act are repealed and the following substituted:

Designations by Minister

(2) The Minister may designate,

(a) a hospital or facility or a class of hospitals or facilities within which it is permitted to install or operate computerized axial tomography scanners; and

(b) the number of computerized axial tomography scanners that may be installed or operated in such hospitals or facilities.

C.A.T. scanners

(3) No person shall install or operate or cause or permit the installation or operation of a computerized axial tomography scanner unless it is installed and operated in a hospital or facility that is designated under subsection (2) or in a hospital or facility that is part of a class of hospitals or facilities that is designated under subsection (2).

Same

(3.1) No person shall install or operate or cause or permit the installation or operation of more computerized axial tomography scanners in a hospital or facility than the number designated under subsection (2).

Health Care Accessibility Act

52. (1) The definition of "Board" in section 1 of the Health Care Accessibility Act is repealed and the following substituted:

Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

(2) The definitions of "dentist" and "optometrist" in section 1 of the Act are repealed and the following substituted:

dentist" means a member of the Royal College of Dental Surgeons of Ontario; ("dentiste")

optometrist" means a member of the College of Optometrists of Ontario. ("optométriste")

(3) Section 6 of the Act is repealed.

Health Facilities Special Orders Act

53. (1) The definition of "Board" in section 1 of the Health Facilities Special Orders Act is repealed and the following substituted:

Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

(2) Subsection 11 (7) of the Act is repealed.

(3) Subsection 13 (1) of the Act is amended by inserting "under this Act" after "proceedings before the Board" in the first and second lines.

Health Insurance Act

54. (1) The definition of "Appeal Board" in section 1 of the Health Insurance Act is repealed and the following substituted:

Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission d'appel")

(2) Paragraph 1 of subsection 6 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 32, section 2, is amended by striking out "Board of Regents appointed under the Chiropody Act" in the last three lines and substituting "College of Chiropodists of Ontario".

(3) Paragraph 2 of subsection 6 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 32, section 2, is amended by striking out "Board of Directors of Chiropractic appointed under the Drugless Practitioners Act" in the last three lines and substituting "College of Chiropractors of Ontario".

(4) Section 8 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 7, is repealed.

(5) Subsection 23 (5) of the Act is repealed.

(6) Subsection 24 (1) of the Act is amended by inserting after "Appeal Board" in the second line "under this Act".

(7) Clause 38 (2) (a) of the Act is amended by striking out "the Health Disciplines Act" in the second line and substituting "the Regulated Health Professions Act, 1991, a health profession Act as defined in subsection 1 (1) of that Act".

(8) Section 39 of the Act is repealed and the following substituted:

Protection from liability

39. Members of the Medical Review Committee, practitioner review committees, the Medical Eligibility Committee, employees of such committees, the General Manager and persons engaged in the administration of this Act are not liable for anything done or made in good faith by them in the performance of their duties under this Act and the regulations.

Health Protection and Promotion Act

55. (1) The definition of "Board" in subsection 1 (1) of the Health Protection and Promotion Act is repealed and the following substituted:

Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

(2) Section 25 of the Act is amended by striking out "a person registered under Part II, IV, V or VI of the Health Disciplines Act to practise a health discipline or a person registered as a drugless practitioner under the Drugless Practitioners Act" in the first, second, third, fourth and fifth lines and substituting "a practitioner as defined in subsection (2)".

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

Definition

(2) In subsection (1), "

practitioner" means,

(a) a member of the College of Chiropractors of Ontario,

(b) a member of the Royal College of Dental Surgeons of Ontario,

(d) a member of the Ontario College of Pharmacists,

(e) a member of the College of Optometrists of Ontario, or

(f) a person registered as a drugless practitioner under the Drugless Practitioners Act.

(4) Subsection 38 (3) of the Act is amended by striking out "or person registered under Part IV (nursing) or VI (pharmacy) of the Health Disciplines Act" in the first three lines and substituting "a member of the College of Nurses of Ontario or a member of the Ontario College of Pharmacists".

(5) Clause 39 (2) (d) of the Act is amended by striking out "the Health Disciplines Act" in the second and third lines and substituting "the Regulated Health Professions Act, 1991, a health profession Act as defined in subsection 1 (1) of that Act"

(6) Subsection 40 (2) of the Act is amended by striking out "a pharmacist licensed under Part VI of the Health Disciplines Act" in the first three lines and substituting "a member of the Ontario College of Pharmacists".

(7) Subsection 45 (5) of the Act is repealed.

(8) Subsection 46 (1) of the Act is amended by inserting "under this Act" after "proceedings before the Board" in the first and second lines.

(9) Section 47 of the Act is repealed.

(10) Subsection 71 (3) of the Act is amended by striking out "a registered nurse within the meaning of Part IV of the Health Disciplines Act" in the third and fourth lines and substituting "a member of the College of Nurses of Ontario who is a registered nurse".

Highway Traffic Act

56. Subsection 204 (1) of the Highway Traffic Act is amended by striking out "optometrist licensed under Part V of the Health Disciplines Act" in the first two lines and substituting "member of the College of Optometrists of Ontario".

Homes for the Aged and

Rest Homes Act

57. (1) The definition of "Appeal Board" in section 1 of the Homes for the Aged and Rest Homes Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 13, is repealed and the following substituted:

Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission d'appel")

(2) Subsections 19.2 (7) and (8) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 15, are repealed.

(3) Subsection 19.2 (13) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 15, is repealed and the following substituted:

Health Insurance Act

(13) Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.

(4) Section 19.3 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 15, is repealed.

Human Tissue Gift Act

58. The definition of "physician" in section 1 of the Human Tissue Gift Act is repealed and the following substituted:

physician" means a member of the College of Physicians and Surgeons of Ontario. ("médecin")

Immunization of School Pupils Act

59. (1) The definition of "Board" in section 1 of the Immunization of School Pupils Act is repealed and the following substituted:

Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

(2) Subsection 15 (11) of the Act is repealed.

Independent Health Facilities Act

60. (1) The definition of "Board" in subsection 1 (1) of the Independent Health Facilities Act is repealed and the following substituted:

Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

(2) Subsection 21 (7) of the Act is repealed.

(3) Subsection 36 (1) of the Act is repealed and the following substituted:

Definition

(1) In this section, "

Plan" means the Ontario Health Insurance Plan referred to in section 10 of the Health Insurance Act.

(4) Subsection 38 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 35, is repealed and the following substituted:

Immunity

(1) Despite sections 5 and 23 of the Proceedings Against the Crown Act, no action or other proceeding for damages or otherwise shall be commenced against the Crown, the Minister, the Director, an inspector or assessor appointed under this Act or an officer, employee or agent of the Crown or of the College, the Registrar, the College, the Council of the College or a committee established by the Council or a member of the Council or the committee for any act done or performed in good faith in the performance or intended performance of any duty or function or in the exercise or intended exercise of any power or authority under this Act or the regulations, or for any neglect, default or omission in the performance or exercise in good faith of any duty, function, power or authority under this Act or the regulations.

Interpretation Act

61. The definition of ""legally qualified medical practitioner", "duly qualified medical practitioner"" in subsection 29 (1) of the Interpretation Act is amended by striking out "a person licensed under Part III of the Health Disciplines Act" in the fifth, sixth and seventh lines and substituting "a member of the College of Physicians and Surgeons of Ontario".

Laboratory and Specimen Collection Centre Licensing Act

62. (1) The French version of the Laboratory and Specimen Collection Centre Licensing Act is amended by striking out "Commission d'étude" wherever it occurs and substituting in each case "Commission de révision".

(2) The definition of "Review Board" in section 5 of the Act is repealed and the following substituted:

Review Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission de révision")

(3) Section 7 of the Act is repealed.

(4) Section 8 of the Act is repealed and the following substituted:

Protection from personal liability

8. No action or other proceeding for damages shall be instituted against the Director or anyone acting under the authority of the Director for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty.

(5) Subsection 12 (7) of the Act is repealed.

(6) Subsection 13 (1) of the Act is amended by inserting "under this Act" after "proceedings before the Review Board" in the first and second lines.

Liquor Licence Act

63. (1) Clause 40 (1) (a) of the Liquor Licence Act is repealed and the following substituted:

(a) the sale of a drug dispensed as a medicine by a person allowed to do so under the Regulated Health Professions Act, 1991.

(2) Clause 40 (1) (b) of the Act is amended by striking out "Part VI of the Health Disciplines Act" in the sixth and seventh lines and substituting "subsection 117 (1) of the Drug and Pharmacies Regulation Act".

(3) Clause 40 (1) (d) of the Act is repealed and the following substituted:

(d) the sale of a drug to a person allowed, under the Regulated Health Professions Act, 1991, to dispense or prescribe drugs.

Livestock Medicines Act

64. (1) The definition of "drug" in section 1 of the Livestock Medicines Act is amended by striking out "Health Disciplines Act" and substituting "Drug and Pharmacies Regulation Act".

(2) Subsection 4 (1) of the Act is amended by striking out "Part VI of the Health Disciplines Act" in the first two lines and substituting "the Drug and Pharmacies Regulation Act".

Long-Term Care Act, 1994

65. (1) The definition of "Appeal Board" in subsection 2 (1) of the Long-Term Care Act, 1994 is repealed and the following substituted:

Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission d'appel")

(2) Sections 44 and 45 of the Act are repealed.

(3) Section 47 of the Act is repealed and the following substituted:

Health Insurance Act applies

47. Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.

(4) Subsection 48 (2) of the Act is repealed.

(5) Section 49 of the Act is repealed.

Nursing Homes Act

66. (1) The definition of "Board" in subsection 1 (1) of the Nursing Homes Act is repealed.

(2) The definition of "Appeal Board" in subsection 1 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 28, is repealed and the following substituted:

Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission d'appel")

(3) Section 14 of the Act is repealed and the following substituted:

Protection from personal liability

14. No action or other proceeding for damages shall be instituted against the Director, or anyone acting under the authority of the Director, for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty.

(4) Subsection 16 (7) of the Act is repealed.

(5) Subsections 20.6 (7) and (8) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, are repealed.

(6) Subsection 20.6 (13) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, is repealed and the following substituted:

Health Insurance Act

(13) Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.

(7) Section 20.7 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, is repealed.

(8) Subsection 20.8 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, is repealed and the following substituted:

Appeal to Divisional Court

(1) A party to a review of the determination of ineligibility by the Appeal Board may appeal its decision to the Divisional Court on a question of law or fact or both, in accordance with the rules of court.

(9) Subsection 20.8 (2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, is repealed and the following substituted:

Record

(2) If a party appeals a decision of the Appeal Board to the Divisional Court under this section, the Appeal Board shall promptly file with the Divisional Court the record of the proceeding before the Appeal Board and the transcript of the evidence taken before the Appeal Board, which together constitute the record in the appeal.

(10) Subsection 25 (5) of the Act is amended by striking out "a person registered under the Health Disciplines Act to practice a health discipline" in the fourth, fifth and sixth lines and substituting "any other person who is a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991".

(11) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Appeal Board":

1. Subsections 15 (2), (4), (5), (6) and (7).

2. Subsection 15 (8), as amended by the Statutes of Ontario, 1997, chapter 15, section 13.

3. Subsections 16 (1), (2), (3), (4), (5), (6), (8).

4. Subsections 17 (1), (2), (4).

5. Subsection 37 (2).

Pay Equity Act

67. Clause 1 (d) of the Schedule to the Pay Equity Act is amended by striking out "every hospital listed in the Schedule to the Classification of Hospitals Regulation made under the Public Hospitals Act" in the first, second and third lines and substituting "every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health under the Public Hospitals Act".

Prepaid Hospital and Medical Services Act

68. The definitions of "pharmacist" and "prescription drug" in section 1 of the Prepaid Hospital and Medical Services Act are repealed and the following substituted:

pharmacist" means a member of the Ontario College of Pharmacists; ("pharmacien")

prescription drug" means a drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act dispensed upon the prescription of a legally qualified medical practitioner or dentist to a named person, and includes such drug mixed with any other drug or substance. ("médicament délivré sur ordonnance")

Private Hospitals Act

69. (1) Section 1 of the Private Hospitals Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 16, is further amended by adding the following definition:

Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

(2) Subsection 13 (2) of the Act is amended by striking out "Health Facilities Appeal Board under the Ambulance Act" in the third and fourth lines and substituting "Board".

(3) Subsection 14 (7) of the Act is repealed.

(4) The following provisions of the Act are amended by striking out "Health Facilities Appeal Board" wherever it occurs and substituting in each case "Board":

1. Subsections 13 (3), (4) and (5).

2. Subsections 14 (1) and (4).

3. Subsection 15 (1).

(5) Section 20 of the Act is amended by striking out "registered under Part III of the Health Disciplines Act" at the end and substituting "a member of the College of Physicians and Surgeons of Ontario".

Public Hospitals Act

70. (1) The definition of "Appeal Board" in section 1 of the Public Hospitals Act is repealed and the following substituted:

Appeal Board" means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission d'appel")

(2) Subsection 13 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 11, is amended by striking out "or the Appeal Board" in the fourth and fifth lines.

(3) Section 24 of the Act is amended by striking out "registered under Part III of the Health Disciplines Act" at the end and substituting "a member of the College of Physicians and Surgeons of Ontario".

(4) The Act is amended by adding the following section:

Classification of hospitals

32.1 (1) The Minister may assign hospitals to the different hospital classifications and hospital grades established by regulation under clause 32 (1) (b).

List

(2) The Minister shall maintain a list of hospitals and their classifications and grades.

Same

(3) The list referred to in subsection (2) shall be available for public inspection from the Ministry of Health.

(5) Section 40 of the Act is repealed.

Public Sector Salary Disclosure Act, 1996

71. Clause (f) of the definition of "public sector" in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996 is amended by striking out "every hospital listed in the Schedule to the Classification of Hospitals Regulation made under the Public Hospitals Act" in the first, second, third and fourth lines and substituting "every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health under the Public Hospitals Act".

Retail Business Holidays Act

72. Subsection 3 (2) of the Retail Business Holidays Act is amended by striking out "Part VI of the Health Disciplines Act" in the third and fourth lines and substituting "the Drug and Pharmacies Regulation Act".

Veterinarians Act

73. (1) Subject to subsection (4), the French version of the Veterinarians Act is amended by striking out "Conseil" wherever it appears and substituting in each case "Commission".

(2) The definition of "Board" in subsection 1 (1) of the Act is repealed and the following substituted:

Board" means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998. ("Commission")

(3) The definition of "drug" in subsection 1 (1) of the Act is repealed and the following substituted:

drug" means drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act. ("médicament")

(4) The French version of subsection 10 (2) of the Act is amended by striking out "Conseil" in the first line and substituting "conseil".

(5) Subsection 11 (6) of the Act is amended by striking out "Part VI of the Health Disciplines Act" in the first line and substituting "the Drug and Pharmacies Regulation Act".

(6) Subsection 18 (1) of the Act is amended by striking out "and shall send a copy of the proposal and the written reasons to the Board" at the end.

(7) Subsections 18 (3) to (9) of the Act are repealed and the following substituted:

Appeal to Board

(3) An applicant who has been given a notice under subsection (1) may require the Board to hold a review of the application and the documentary evidence in support of it, or a hearing of the application, by giving the Board and the Registration Committee or the Accreditation Committee, as the case may be, notice in accordance with subsection (4).

Requirements of notice

(4) A notice under subsection (3) shall be a written notice, given within 30 days after the notice under subsection (1) was given, specifying whether a review or a hearing is required.

Proposal, etc., to Board

(5) If the Registration Committee or the Accreditation Committee receives a notice that an applicant requires a hearing or review, it shall, within 15 days after receiving the notice, give the Board a copy of the proposal made with respect to the application, the reasons for it and the documents and things upon which the proposal was based.

Extension of time limits

(6) If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend the time limit for requiring a review or hearing by the Board.

When proposal may be carried out

(7) A proposal described in clause (1) (a) or (b) may be carried out only when,

(a) the applicant has given the Registrar notice that the applicant will not be requiring a review or hearing;

(b) 35 days have passed since the notice of the proposal was given under subsection (1) without the applicant requiring a review or hearing; or

(8) Subsections 18 (12) and (14) to (19) of the Act are repealed.

(9) The Act is amended by adding the following sections:

Hearings public

18.1 (1) A hearing by the Board under section 18 shall, subject to subsection (2), be open to the public.

Exclusion of public

(2) The Board may make an order that the public be excluded from a hearing or any part of it if the Board is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public;

(d) the safety of a person may be jeopardized.

Orders preventing public disclosure

(3) In situations in which the Board may make an order that the public be excluded from a hearing, it may make orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders prohibiting the publication or broadcasting of those matters.

Public information may be disclosed

(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public.

Exclusion of public

(5) The Board may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2).

Orders with respect to matters in submissions

(6) The Board may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.

Reasons for order, etc.

(7) The Board shall ensure that any order it makes under this section and its reasons are available to the public in writing.

Reconsidering of order

(8) The Board may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion.

Exception to closed hearings

18.2 If a Board makes an order under subsection 18.1 (2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Board may allow the person and his or her personal representative to attend the hearing.

Procedure for hearings, reviews

18.3 (1) This section applies with respect to the procedure for hearings and reviews by the Board under section 18.

Findings of fact in a hearing

(2) The findings of fact in a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.

Findings of fact in a review

(3) The findings of fact in a review shall be based exclusively on the application and documentary evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.

Disclosure of evidence against member

(4) Evidence against a member is not admissible at a hearing or review unless the member is given, at least 10 days before the hearing or review,

(a) in the case of written or documentary evidence, an opportunity to examine the evidence;

(b) in the case of evidence of an expert, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence; or

Exception

(5) The Board may, in its discretion, allow the introduction of evidence that is inadmissible under subsection (4) and may make directions it considers necessary to ensure that the member is not prejudiced.

Disclosure of evidence of expert

(6) Evidence of an expert led by a person other than the College is not admissible unless the person gives the College, at least 10 days before the hearing or review, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence.

Exception

(7) The Board may, in its discretion, allow the introduction of evidence that is inadmissible under subsection (5) and may make directions it considers necessary to ensure that the College is not prejudiced.

Release of documents and things

(8) The Board shall release documents and things put into evidence or received by the Board at a hearing or review to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined.

Members of Board who participate

(9) Only the members of the Board who were present throughout a hearing or review shall participate in the Board's decision.

When member not to participate

(10) No member of the Board who has taken part in the investigation of what is to be the subject matter of the Board's hearing or review shall participate in the hearing or review.

No communication by Board members

(11) No member of the Board participating in a hearing or review shall communicate outside the hearing or review, in relation to the subject matter of the hearing or review, with a party or the party's representative unless the other party has been given notice of the subject matter of the communication and an opportunity to be present during the communication.

Transcript of hearings

(12) The Board shall ensure that, for a hearing,

(a) the oral evidence given at the hearing is recorded;

(b) copies of the transcript of the hearing are available to a party on the party's request at the party's expense; and

(c) copies of the transcript of any part of the hearing that is not the subject of an order prohibiting publication are available to any person at that person's expense.

Application of SPPA provisions to reviews

(13) The following provisions of the Statutory Powers Procedure Act apply with necessary modifications to a review by the Board:

1. Section 21.1 (correction of errors).

2. Section 25.1 (rules).

(10) Section 24 of the Act is amended by adding the following subsections:

Complaint in bad faith, etc.

(5) If the Complaints Committee considers a complaint to be frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the complainant and the member notice that it intends to take no action with respect to the complaint and that the complainant and the member have a right to make written submissions within 30 days after receiving the notice.

Same

(6) If the Complaints Committee is satisfied, after considering the written submissions of the complainant and the member that a complaint was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the Committee shall not take action with respect to the complaint.

(11) Subsection 25 (2) of the Act is amended by striking out "twenty days of the mailing of the written decision" in the eighth and ninth lines and substituting "30 days of the receipt of the written decision".

(12) Subsections 25 (3), (4) and (5) of the Act are repealed and the following substituted:

Review by Board

(3) Subject to subsections (4), (5) and (6), the Board shall review a decision of a panel of the Complaints Committee if the Board receives a request under subsection (2).

When no review

(4) The Board shall not review a decision if the party who requested the review withdraws the request and the other party consents.

Requests in bad faith, etc.

(5) If the Board considers a request to review a decision to have been frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the parties notice that it intends not to proceed with the review and that the parties have a right to make written submissions within 30 days after receiving the notice.

Same

(6) If the Board is satisfied, after considering any written submissions of the parties made within the 30-day period referred to in subsection (5), that a request was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the Board shall not review the decision.

Record of investigation to be reviewed

(7) If the Board is requested to review a decision, the Registrar shall give the Board, within 15 days after the Board's request, a record of the investigation and the documents and things upon which the decision was based.

Disclosure

(8) Before reviewing a decision, the Board shall disclose to the parties everything given to it by the Registrar.

Exceptions

(9) The Board may refuse to disclose anything that may, in its opinion,

(a) disclose matters involving public security;

(b) undermine the integrity of the complaint investigation and review process;

(c) disclose financial or personal or other matters of such a nature that the desirability of avoiding their disclosure in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that disclosure be made;

(d) prejudice a person involved in a criminal proceeding or in a civil suit or proceeding; or

(e) jeopardize the safety of any person.

Release of documents and things

(10) The Board shall release documents and things put into evidence or received by the Board at a review to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined.

Conduct of review

(11) In conducting a review, the Board shall consider either or both of,

(a) the adequacy of the investigation conducted; or

(b) the reasonableness of the decision.

Procedure

(12) In conducting a review, the Board,

(a) shall give the party requesting the review an opportunity to comment on the matters set out in clauses (11) (a) and (b) and the other party an opportunity to respond to those comments;

(b) may require the College to send a representative;

(d) may permit the parties to make representations with respect to issues raised by any questions asked under clause (c); and

(e) shall not allow the parties or the representative of the College to question each other.

No communication by Board members

(13) No member of the Board participating in a review shall communicate outside the review, in relation to the subject matter of the review, with a party or the party's representative unless the other party has been given notice of the subject matter of the communication and an opportunity to be present during the communication.

Application of SPPA provisions to reviews

(14) The following provisions of the Statutory Powers Procedure Act apply with necessary modifications to a review by the Board:

1. Section 4 (waiver of procedural requirement).

2. Section 4.1 (disposition of proceeding without hearing).

3. Section 5.1 (written hearings).

4. Section 5.2 (electronic hearings).

5. Section 5.3 (pre-hearing conferences).

6. Section 21 (adjournments).

7. Section 21.1 (correction of errors).

8. Section 25.1 (rules).

(13) The Act is amended by adding the following sections:

Reviews by Board public

25.1 (1) A review by the Board under section 25 shall, subject to subsection (2), be open to the public.

Exclusion of public

(2) The Board may make an order that the public be excluded from a review or any part of it if the Board is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the review of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that reviews be open to the public;

(d) the safety of a person may be jeopardized.

Orders preventing public disclosure

(3) In situations in which the Board may make an order that the public be excluded from a review, it may make orders it considers necessary to prevent the public disclosure of matters disclosed at the review, including orders prohibiting the publication or broadcasting of those matters.

Public information may be disclosed

(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register.

Exclusion of public

(5) The Board may make an order that the public be excluded from the part of a review dealing with a motion for an order under subsection (2).

Orders with respect to matters in submissions

Reasons for order, etc.

(7) The Board shall ensure that any order it makes under this section and its reasons are available to the public in writing.

Reconsidering of order

(8) The Board may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion.

Exception to closed reviews

25.2 If a Board makes an order under subsection 25.1 (2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Board may allow the person and his or her personal representative to attend the review.

(14) The Act is amended by adding the following section:

Extension of time limits

26.1 (1) If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend any time limit with respect to,

(a) the obligation, under section 26, of the Complaints Committee to dispose of a complaint against a member;

(b) a Registrar's obligation to give to the Board, under subsection 25 (7), a record of an investigation of a complaint against a member and the documents and things upon which a decision was made with respect to the complaint; or

Limitation

(2) The Board shall not extend the time limit set out in subsection 25 (7) for more than 60 days.

(15) Clause 27 (1) (a) of the Act is repealed and the following substituted:

(a) confirm all or part of the decision, if any, made by the Complaints Committee.

(16) Subsections 27 (2) and (3) of the Act are repealed and the following substituted:

Decision and reasons

(2) The Board shall give its decision and reasons therefor in writing to the complainant, the member of the College complained against and the Complaints Committee.

(17) Subsection 30 (6) of the Act is repealed and the following substituted:

Costs

(6) If the Discipline Committee is of the opinion that the commencement of proceedings was unwarranted, it may make an order requiring the College to pay all or part of the member's, or former member's, legal costs.

Same

(6.1) In an appropriate case, the Discipline Committee may make an order requiring a member or former member who is found guilty of professional misconduct or of serious neglect by the Committee to pay all or part of the following costs and expenses:

1. The College's legal costs and expenses.

2. The College's costs and expenses incurred in investigating the matter.

3. The College's costs and expenses incurred in conducting the hearing.

(18) Subsection 45 (1) of the Act is repealed and the following substituted:

Immunity

(1) No action or other proceeding for damages shall be instituted against the College, the Council, a committee of the College or a member of the Council or a committee of the College, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power.

PART IV

COMMENCEMENT

Commencement

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

SCHEDULE H

MINISTRY OF HEALTH APPEAL AND REVIEW BOARDS ACT, 1998

CONTENTS

PART I

HEALTH PROFESSIONS APPEAL AND REVIEW BOARD

PARTIE I

COMMISSION D'APPEL ET DE RÉVISION DES PROFESSIONS DE LA SANTÉ

Health Professions Appeal and Review Board

Duties

Composition

Qualifications of members

Commission d'appel et de révision des professions de la santé

Fonctions

Composition

Qualités requises des membres

PART II

HEALTH SERVICES APPEAL AND REVIEW BOARD

PARTIE II

COMMISSION D'APPEL ET DE RÉVISION DES SERVICES DE SANTÉ

Health Services Appeal and Review Board

Duties

Composition

Qualifications of members

Commission d'appel et de révision des services de santé

Fonctions

Composition

Qualités requises des membres

PART III

PROVISIONS RELATING TO BOTH BOARDS

PARTIE III

DISPOSITIONS APPLICABLES AUX DEUX COMMISSIONS

10.

11.

12.

13.

14.

15.

16.

17.

18.

Application of Part

Annual Report

Remuneration and expenses

Employees

Panels

Procedural matters, etc.

Resignation, expiry of membership

Death, revocation of membership, etc.

Members of panel who participate

Immunity

10.

11.

12.

13.

14.

15.

16.

17.

18.

Champ d'application de la présente partie

Rapport annuel

Rémunération et indemnités

Employés

Sous-comités

Questions de procédure ou questions interlocutoires

Démission d'un membre ou expiration de son mandat

Décès, destitution ou incapacité d'un membre

Membres du sous-comité qui participent à la décision

Immunité

PART IV

COMMENCEMENT AND SHORT TITLE

PARTIE IV

ENTRÉE EN VIGUEUR ET TITRE ABRÉGÉ

19.

20.

Commencement

Short title

19.

20.

Entrée en vigueur

Titre abrégé

______________

PART I

HEALTH PROFESSIONS APPEAL AND REVIEW BOARD

Health Professions Appeal and Review Board

1. The following boards are amalgamated to form the Health Professions Appeal and Review Board, to be known in French as the Commission d'appel et de révision des professions de la santé:

1. The Health Professions Board.

2. The Hospital Appeal Board.

Duties

2. The Board's duties are to conduct the hearings and reviews and to perform the duties that are assigned to it under the Regulated Health Professions Act, 1991, a health profession act as defined in that Act, the Drug and Pharmacies Regulation Act, the Public Hospitals Act or under any other Act.

Composition

3. (1) The Board shall be composed of at least 12 and no more than 20 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Health.

Term of appointment

(2) Members of the Board shall be appointed for terms not exceeding three years.

Chair and vice-chairs

(3) The Lieutenant Governor in Council shall designate one member of the Board to be the chair and two members to be vice-chairs.

Additional vice-chairs

(4) The chair may from time to time designate additional members to be vice-chairs.

Replacement of members

(5) A person appointed to replace a member of the Board before the member's term expires shall hold office for the remainder of the term.

Reappointments

(6) Members of the Board are eligible for reappointment.

Qualifications of members

4. A person may not be appointed as a member of the Board if the person,

(a) is employed in the public service of Ontario or by a Crown agency as defined in the Crown Agency Act\;

(b) is or has been a member of a College as defined in the Regulated Health Professions Act, 1991 or of a Council of such a College; or

PART II

HEALTH SERVICES APPEAL AND REVIEW BOARD

Health Services Appeal and Review Board

5. The following boards are amalgamated to form the Health Services Appeal and Review Board, to be known in French as the Commission d'appel et de révision des services de santé:

1. The Health Services Appeal Board.

2. The Health Facilities Appeal Board.

3. The Health Protection Appeal Board.

4. The Nursing Homes Review Board.

5. The Laboratory Review Board.

Duties

6. (1) The Board's duties are to conduct the hearings and reviews and to perform the duties that are assigned to it under the following Acts:

1. The Ambulance Act.

2. The Charitable Institutions Act.

3. The Healing Arts Radiation Protection Act.

4. The Health Care Accessibility Act.

5. The Health Facilities Special Orders Act.

6. The Health Insurance Act.

7. The Health Protection and Promotion Act.

8. The Homes for the Aged and Rest Homes Act.

9. The Immunization of School Pupils Act.

10. The Independent Health Facilities Act.

11. The Laboratory and Specimen Collection Centre Licensing Act.

12. The Long-Term Care Act, 1994.

13. The Nursing Homes Act.

14. The Private Hospitals Act.

Same

(2) The Board shall perform its duties under the Acts set out in subsection (1) in accordance with those Acts and the regulations made under them.

Composition

7. (1) The Board shall be composed of at least 12 and no more than 20 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Health.

Term of appointment

(2) Members of the Board shall be appointed for terms not exceeding three years.

Limitation on number of physicians

(3) No more than three legally qualified medical practitioners may be appointed to the Board.

Chair and vice-chairs

(4) The Lieutenant Governor in Council shall designate one member of the Board to be the chair and two members to be vice-chairs.

Additional vice-chairs

(5) The chair may from time to time designate additional members to be vice-chairs.

Replacement of members

(6) A person appointed to replace a member of the Board before the member's term expires shall hold office for the remainder of the term.

Reappointments

(7) Members of the Board are eligible for reappointment.

Qualifications of members

8. A person may not be appointed as a member of the Board if the person is employed in the public service of Ontario or by a Crown agency as defined in the Crown Agency Act.

PART III

PROVISIONS RELATING TO BOTH BOARDS

Application of part

9. This Part applies with respect to the Health Professions Appeal and Review Board and the Health Services Appeal and Review Board.

Annual report

10. A Board shall report annually to the Minister of Health on its activities.

Remuneration and expenses

11. The members of a Board shall be paid the remuneration and expenses the Lieutenant Governor in Council determines.

Employees

12. A Board may employ, under the Public Service Act, persons it considers necessary to carry out its duties.

Panels

13. (1) A proceeding before a Board shall be considered and determined by a panel of one or more members of the Board.

Selection of panel

(2) The selection of the members of the Board who sit on a panel shall be at the discretion of the chair.

Number of members

(3) A panel shall have an uneven number of members.

Chair or vice-chair on panel

(4) One of the members of a panel shall be the chair or a vice-chair of the Board.

Procedural matters, etc.

14. (1) In a proceeding before a panel of three or more members of a Board, a procedural or interlocutory matter may, if the chair so decides, be heard and determined by one of the members of the panel and the member shall be selected by the chair.

Same

(2) Subsection 13 (4) does not apply with respect to procedural or interlocutory matters.

Resignation, expiry of membership

15. If a member of a panel of a Board which has begun proceedings with respect to a particular matter resigns from the Board or if the member's appointment to the Board expires, the member is deemed to continue to be a member of the Board for the purposes of dealing with that matter.

Death, revocation of membership, etc.

16. If a member of a panel of a Board which has begun proceedings with respect to a particular matter dies, has their appointment to the Board revoked or becomes unable or unwilling to continue as a member before the matter is concluded, the remaining members of the panel may deal with the matter.

Members of panel who participate

17. Only the members of a panel who were present throughout a proceeding shall participate in the panel's decision.

Immunity

18. No proceeding for damages shall be commenced against a Board, a member, employee or agent of a Board or anyone acting under the authority of the chair of a Board for any act done in good faith in the performance or intended performance of the person's duty or for any alleged neglect or default in the performance in good faith of the person's duty.

PART IV

COMMENCEMENT AND SHORT TITLE

Commencement

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

Short title

20. The short title of the Act set out in this Schedule is the Ministry of Health Appeal and Review Boards Act, 1998.

SCHEDULE I

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF NATURAL RESOURCES

Conservation Authorities Act

1. The definition of "referee" in section 1 of the Conservation Authorities Act is repealed.

2. Section 8 of the Act is amended by striking out "Lieutenant Governor in Council" in the first line and substituting "participating municipalities".

3. (1) Subsection 10 (1) of the Act is repealed and the following substituted:

Meeting for enlargement of authority

(1) If an authority has been established, the council of a municipality that is completely or partly outside the jurisdiction of the authority may call a meeting to consider the enlargement of the area over which the authority has jurisdiction to include an area specified by the municipality.

Notice

(1.1) The council of every municipality completely or partly within the jurisdiction of the authority or the area specified under subsection (1) shall be given notice of the meeting.

(2) Subsection 10 (4) of the Act is repealed and the following substituted:

Enlargement of authority

(4) A joint resolution, passed at a meeting held under this section, at which a quorum was present, by not less than two-thirds of the members of the authority present at the meeting and not less than two-thirds of the municipal representatives present at the meeting, agreeing to the enlargement of the area over which the authority has jurisdiction, amends the order in council establishing the authority and has the effect of enlarging the area and designating the additional municipalities and the additional area over which the enlarged authority has jurisdiction in accordance with the resolution.

4. (1) Subsection 11 (1) of the Act is repealed and the following substituted:

Amalgamation of authorities

(1) If two or more authorities have been established for adjoining watersheds or parts thereof, one or more of the authorities or the council of a municipality situated completely or partly within the jurisdiction of one of the authorities may call a meeting to consider the establishment of one authority to have jurisdiction over the areas that are under separate jurisdictions.

Notice

(1.1) The council of every municipality situated completely or partly within the jurisdictions of the authorities shall be given notice of the meeting.

(2) Subsection 11 (4) of the Act is repealed and the following substituted:

Establishment of new authority

(4) A resolution, passed at a meeting held under this section, at which a quorum was present, by not less than two-thirds of the representatives present at the meeting, agreeing to the establishment of one authority, has the effect of establishing the new authority, dissolving the existing authorities and designating the municipalities that are the participating municipalities and the area over which the new authority has jurisdiction in accordance with the resolution.

5. Section 12 of the Act is repealed.

6. The English version of subsection 14 (2) of the Act is amended by striking out "Lieutenant Governor in Council" in the third and fourth lines and substituting "participating municipalities".

7. Subsection 15 (2) of the Act is amended by striking out "fifteen" in the first line and substituting "30".

8. Subsection 16 (1) of the Act is repealed and the following substituted:

Vote

(1) Each member of an authority is entitled to one vote.

9. Subsection 19 (3) of the Act is repealed.

10. Section 20 of the Act is amended by adding the following subsection:

Same

(2) Despite subsection (1) and subject to any other legislation pertaining to these resources, authorities may enter into agreements to allow exploration, storage and extraction by others in order to share in the revenue from use of gas or oil resources owned by them if,

(a) the use is compatible with the conservation, restoration, development and management of other natural resources; and

(b) extraction occurs on land adjacent to, but not on, conservation authority land.

11. Clause 21 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 44, is repealed and the following substituted:

(d) despite subsection (2), to lease for a term of five years or less land acquired by the authority.

12. Section 28 of the Act is repealed and the following substituted:

Regulations by authority

28. (1) Subject to the approval of the Minister, an authority may make regulations applicable in the area under its jurisdiction,

(a) restricting and regulating the use of water in or from rivers, streams, inland lakes, ponds, wetlands and natural or artificially constructed depressions in rivers or streams;

(b) prohibiting, regulating or requiring the permission of the authority for straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse, or for changing or interfering in any way with a wetland;

(c) prohibiting, regulating or requiring the permission of the authority for development if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development;

(d) providing for the appointment of officers to enforce any regulation made under this section or section 29;

(e) providing for the appointment of persons to act as officers with all of the powers and duties of officers to enforce any regulation made under this section.

Delegation of powers

(2) A regulation made under subsection (1) may delegate any of the authority's powers or duties under the regulation to the authority's executive committee or to any other person or body, subject to any limitations and requirements that may be set out in the regulation.

Conditional permission

(3) A regulation made under clause (1) (b) or (c) may provide for permission to be granted subject to conditions and for the cancellation of the permission if conditions are not met.

References to maps

(4) A regulation made under subsection (1) may refer to any area affected by the regulation by reference to one or more maps that are filed at the head office of the authority and are available for public review during normal office business hours.

Minister's approval of development regulations

(5) The Minister shall not approve a regulation made under clause (1) (c) unless the regulation applies only to areas that are,

(a) adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to inland lakes that may be affected by flooding, erosion or dynamic beach hazards;

(b) river or stream valleys;

(d) wetlands; or

(e) other areas where, in the opinion of the Minister, development should be prohibited or regulated or should require the permission of the authority.

Regulations by L.G. in C.

(6) The Lieutenant Governor in Council may make regulations governing the content of regulations made by authorities under subsection (1), including flood event standards and other standards that may be used, and setting out what must be included or excluded from regulations made by authorities under subsection (1).

Same

(7) A regulation made by an authority under subsection (1) that does not conform with the requirements of a regulation made by the Lieutenant Governor in Council under subsection (6) is not valid.

Transition

(8) Subject to subsection (9), if a regulation is made by the Lieutenant Governor in Council under subsection (6), subsection (7) does not apply to a regulation that was previously made by an authority under subsection (1) until two years after the regulation made by the Lieutenant Governor in Council comes into force.

Same

(9) If a regulation made by the Lieutenant Governor in Council under subsection (6) is amended by an amending regulation, subsection (7) does not apply, in respect of the amendment, to a regulation that was made by an authority under subsection (1) before the amending regulation, until such time as may be specified in the amending regulation.

Exceptions

(10) No regulation made under subsection (1),

(a) shall limit the use of water for domestic or livestock purposes;

(b) shall interfere with any rights or powers conferred upon a municipality in respect of the use of water for municipal purposes;

(c) shall interfere with any rights or powers of Ontario Hydro or of any board or commission that is performing its functions for or on behalf of the Government of Ontario; or

(d) shall interfere with any rights or powers under the Public Utilities Act.

Activities under the Aggregate Resources Act

(11) A requirement for permission of an authority in a regulation made under clause (1) (b) or (c) does not apply to an activity approved under the Aggregate Resources Act after the Red Tape Reduction Act, 1998 received Royal Assent.

Right to hearing

(12) Permission required under a regulation made under clause (1) (b) or (c) shall not be refused or granted subject to conditions unless the person requesting the permission has been given the opportunity to require a hearing before the authority or, if the authority so directs, before the authority's executive committee.

Powers of authority

(13) After holding a hearing under subsection (12), the authority or executive committee, as the case may be, shall,

(a) refuse the permission; or

(b) grant the permission, with or without conditions.

Reasons for decision

(14) If the authority or its executive committee, after holding a hearing, refuses permission or grants permission subject to conditions, the authority or executive committee, as the case may be, shall give the person who requested permission written reasons for the decision.

Appeal

(15) A person who has been refused permission or who objects to conditions imposed on a permission may, within 30 days of receiving the reasons under subsection (14), appeal to the Minister who may,

(a) refuse the permission; or

(b) grant the permission, with or without conditions.

Offence

(16) Every person who contravenes a regulation made under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to a term of imprisonment of not more than three months.

Orders

(17) In addition to any other remedy or penalty provided by law, the court, upon making a conviction under subsection (16), may order the person convicted to,

(a) remove, at that person's expense, any development within such reasonable time as the court orders; and

(b) rehabilitate any watercourse or wetland in the manner and within the time the court orders.

Non-compliance with order

(18) If a person does not comply with an order made under subsection (17), the authority having jurisdiction may, in the case of a development, have it removed and, in the case of a watercourse or wetland, have it rehabilitated.

Liability for certain costs

(19) The person convicted is liable for the cost of a removal or rehabilitation under subsection (18) and the amount is recoverable by the authority by action in a court of competent jurisdiction.

Powers of entry

(19.1) An authority or an officer appointed under a regulation made under clause (1) (d) or (e) 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 a request related to the property for permission that is required by a regulation made under clause (1) (b) or (c); or

(b) the entry is for the purpose of enforcing a regulation made under clause (1) (a), (b) or (c) and the authority or officer has reasonable grounds to believe that a contravention of the regulation is causing or is likely to cause significant environmental damage and that the entry is required to prevent or reduce the damage.

Time

(19.2) Subject to subsection (19.3), the power to enter property under subsection (19.1) may be exercised at any reasonable time.

Notice

(19.3) The power to enter property under subsection (19.1) shall not be exercised unless,

(a) the authority or officer has given reasonable notice of the entry 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 authority or officer 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

(19.4) Subsection (19.1) does not authorize the use of force.

Offence

(19.5) Any person who prevents or obstructs an authority or officer from entering property under subsection (19.1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Definitions

(20) In this section, "

development" means,

(a) the construction, reconstruction, erection or placing of a building or structure of any kind,

(b) any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure,

(d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere; ("aménagement") "

hazardous land" means land that could be unsafe for development because of naturally occurring processes associated with flooding, erosion, dynamic beaches or unstable soil or bedrock; ("terrain dangereux")

pollution" means any deleterious physical substance or other contaminant that has the potential to be generated by development in an area to which a regulation made under clause (1) (c) applies; ("pollution")

watercourse" means an identifiable depression in the ground in which a flow of water regularly or continuously occurs; ("cours d'eau")

wetland" means land that,

(a) amending the definition of "development" by striking out "units" in the sixth line of clause (b) and substituting "dwelling units"\; and

(b) striking out the definition of "wetland" and substituting the following: "

wetland" means land that,

(a) is seasonally or permanently covered by shallow water or has a water table close to or at its surface,

(b) directly contributes to the hydrological function of a watershed through connection with a surface watercourse,

(d) has vegetation dominated by hydrophytic plants or water tolerant plants, the dominance of which has been favoured by the presence of abundant water,

but does not include periodically soaked or wet land that is used for agricultural purposes and no longer exhibits a wetland characteristic referred to in clause (c) or (d). ("terre marécageuse")

Transition

(21) A regulation that was in force immediately before the day the Red Tape Reduction Act, 1998 received Royal Assent and that was lawfully made under clause (1) (e) or (f) of this section as it read immediately before that day shall be deemed to have been lawfully made under clause (1) (c).

13. (1) Subsection 29 (1) of the Act is amended by striking out "Subject to the approval of the Lieutenant Governor in Council" in the first and second lines.

(2) Section 29 of the Act is amended by adding the following subsections:

Regulations by L.G. in C.

(1.1) The Lieutenant Governor in Council may make regulations governing the content of regulations made under subsection (1), including the standards that may be used, and setting out what must be included or excluded from regulations made under subsection (1).

Same

(1.2) A regulation made under subsection (1) that does not conform with the requirements of a regulation made under subsection (1.1) is not valid unless it has been approved by the Minister.

(3) Subsection 29 (2) of the Act is amended by striking out "$100" at the end and substituting "$1,000".

14. The Act is amended by adding the following section:

Restriction on entry

30.1 (1) An authority or an officer appointed under a regulation made under clause 28 (1) (d) or (e) shall not enter land without,

(a) the consent of the owner of the land and, if the occupier of the land is not the owner, the consent of the occupier of the land; or

(b) the authority of a warrant under the Provincial Offences Act.

Exceptions

(2) Subsection (1) does not apply to entry under clause 21 (1) (b) or subsection 28 (19.1).

Crown Forest Sustainability Act, 1994

15. Subsection 26 (1) of the Crown Forest Sustainability Act, 1994 is repealed and the following substituted:

Sustainable forest licences

(1) The Minister may, with the approval of the Lieutenant Governor in Council, grant a renewable licence to harvest forest resources in a management unit that requires the licensee to carry out renewal and maintenance activities for the benefit and on behalf of the Crown necessary to provide for the sustainability of the Crown forest in the area covered by the licence.

16. Subsection 32 (1) of the Act is repealed and the following substituted:

Annual area charge

(1) The holder of a forest resource licence shall pay to the Minister of Finance an annual area charge in the amount and within the times required by the Minister of Natural Resources in respect of the land specified under subsection (2).

17. Section 48 of the Act is amended by adding the following subsection:

Asset of Crown

(5.1) The Trust is an asset of the Crown and the money held by the Trust is held for the benefit of the Crown.

18. (1) Paragraph 7 of subsection 69 (1) of the Act is repealed.

(2) Subsection 69 (4) of the Act is repealed.

Forest Fires Prevention Act

19. Section 37 of the Forest Fires Prevention Act is repealed and the following substituted:

Ministerial orders

37. (1) The Minister may by order signed by him or her,

(a) declare any period between January 1 and March 31, both inclusive, or between November 1 and December 31, both inclusive, in any year to be a fire season in a fire region or any part of a fire region;

(b) declare any fire region or part of a fire region to be a restricted fire zone or restricted travel zone for any period;

Regulations Act not to apply

(2) The Regulations Act does not apply to an order of the Minister under subsection (1).

Forestry Act

20. Sections 1 and 2 of the Forestry Act are repealed and the following substituted:

Definitions

1. (1) In this Act,

county" includes a district municipality and a regional municipality; ("comté")

forest tree pest" means any vertebrate or invertebrate animal or any virus, fungus, or bacterium or other organism that is injurious to trees commonly found growing in a forest or windbreak or the products from such trees and that is designated as a forest tree pest in the regulations; ("parasites d'arbres forestiers")

forestry purposes" includes the production of wood and wood products, provision of proper environmental conditions for wild life, protection against floods and erosion, recreation, and protection and production of water supplies; ("fins forestières")

good forestry practices" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape; ("bonnes pratiques forestières")

improvement" does not include a treatment designed solely to produce immediate revenue; ("amélioration")

infestation" means an actual or potential infestation or infection by a forest tree pest; ("infestation")

Minister" means the Minister of Natural Resources; ("ministre")

Ministry" means the Ministry of Natural Resources; ("ministère")

municipality" means a municipality as defined in the Municipal Act and a district municipality and a regional municipality; ("municipalité")

nursery stock" means coniferous or hardwood seedlings, transplants, grafts, or trees propagated or grown in a nursery and with the roots attached, and includes cuttings with or without the roots attached; ("plants de pépinière")

officer" means a person appointed by the Minister for the purposes of this Act; ("agent")

owner" means a person having any right, title, interest or equity in land; ("propriétaire")

regulations" means the regulations made under this Act; ("règlements")

woodlands" means land with at least,

(a) 1,000 trees, of any size, per hectare,

(b) 750 trees, measuring over five centimetres in diameter, per hectare,

(d) 250 trees, measuring over 20 centimetres in diameter, per hectare,

but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees.

Same

(2) For the purpose of the definition of "woodlands", all measurements of the trees are to be taken at 1.37 metres from the ground.

Agreements re forestry development

2. (1) The Minister may enter into agreements with owners of land suitable for forestry purposes that provide for the management or improvement of the land for these purposes upon such conditions as the Minister considers proper.

Grants

(2) The Minister may make grants of the sums provided for in the agreement, on such conditions as the Minister considers appropriate, out of the money appropriated by the Legislature to any conservation authority or municipality for the purpose of assisting it in the acquisition of land that is suitable for forestry purposes and that is to be managed under an agreement.

Forestry purposes only

(3) A conservation authority or municipality that has entered into an agreement under subsection (1) or a predecessor provision shall not, without the approval of the Minister, use any land in respect of which grants have been made under subsection (2) or a predecessor provision for any purpose that is inconsistent with forestry purposes at any time during or after the term of the agreement.

Repayment

(4) A conservation authority or municipality that uses land covered by an agreement authorized under subsection (1) or a predecessor provision for a purpose that is inconsistent with forestry purposes shall repay to the Province of Ontario all grants that it received under the agreement to acquire the land unless the Minister provides that the grants need not be repaid.

Sale of land

(5) Land in respect of which grants have been made under subsection (2) or a predecessor provision shall not, without the approval of the Minister, be sold, leased or otherwise disposed of during or after the term of the agreement.

Proceeds shared

(6) The proceeds from any sale, lease or other disposition of the land shall be shared equally with the conservation authority or municipality, as the case may be, and the Province of Ontario.

Exception

(7) Subsection (6) does not apply to a sale, lease or other disposition for the use of the Province of Ontario.

21. Sections 4 to 10 of the Act are repealed and the following substituted:

Woodlands improvement agreements

4. An Agreement made under the Woodlands Improvement Act shall be deemed to be an agreement made under section 2.

Establishing forestry programs

5. (1) The Minister may establish programs to encourage forestry.

Conditions

(2) A program may determine the conditions under which services are provided by the Ministry and expenses are allowed or grants are payable.

Fees

(3) A program may require that fees be paid by persons engaged in forestry to which the program applies and may fix the amount of the fees.

Money

(4) The money required for a program shall be paid out of the money appropriated for the program by the Legislature.

False statements

(5) No person shall knowingly make any false statements of fact to the Ministry in respect of any program for forestry purposes established by the Ministry.

Nursery stock

6. No person shall, directly or indirectly, sell or offer for sale or dispose of by gift or otherwise any nursery stock furnished by the Ministry under this Act.

Control measures

7. If, in the opinion of the Minister, the control of an infestation on any land is in the public interest, the Minister may direct an officer to enter upon the land and, at the expense of the Crown, take such measures to prevent, retard, suppress, eradicate or destroy the infestation as the officer considers advisable.

Powers of entry

8. An officer, with or without the consent of the owner, may enter upon any land between sunrise and sunset to inspect the land and its trees and forest products for infestation and to survey and examine the timber and other natural resources on the land in order to determine the suitability of the land for forestry purposes.

Obstruction of officers

9. No person shall obstruct an officer in the performance of his or her duty.

Boundary trees

10. (1) An owner of land may, with the consent of the owner of adjoining land, plant trees on the boundary between the two lands.

Trees common property

(2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands.

Offence

(3) Every person who injures or destroys a tree growing on the boundary between adjoining lands without the consent of the land owners is guilty of an offence under this Act.

Tree conservation

11. (1) The council of any county or of any municipality separated from the county for municipal purposes may pass by-laws consistent with good forestry practices,

(a) restricting and regulating the destruction of trees by cutting, burning or other means in woodlands of the size specified in the by-law;

(b) providing for the appointment of officers to enforce any by-law passed under this section; and

(c) providing for a process to authorize minor exceptions from the by-law in respect of such trees as, in its opinion, is desirable for the appropriate development or use of the land on which the trees are situate, if the general intent and purpose of the by-law is maintained.

Officers

(2) An officer appointed under a by-law passed under subsection (1) or a predecessor provision, and any person acting under the officer's instructions, may at all reasonable times enter upon the land of any person to,

(a) enforce the by-law;

(b) determine compliance with an order made under subsection 19 (2); or

By-law may be limited

(3) A by-law passed under subsection (1) may be limited territorially.

What by-law does not do

(4) A by-law passed under subsection (1) or a predecessor provision shall not be construed to,

(a) interfere with the right of a person who has been the registered owner of land for at least two years to cut trees on the land for the person's own use;

(b) interfere with any rights or powers conferred upon a municipality by the Municipal Act\;

(c) interfere with any rights or powers of Ontario Hydro or of any agency, board or commission that is performing its functions for or on behalf of the Crown;

(d) apply to trees growing on any highway or on any opened road allowance;

(e) apply to trees destroyed in order to erect a building, structure or thing in respect of which a building permit is issued;

(f) apply to trees planted for the production of Christmas trees;

(g) apply to trees on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act\;

(h) apply to trees cut by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or any person in his or her employ while making a survey;

(i) apply to trees destroyed in order to lawfully establish and operate or enlarge any pit or quarry on land that has not been designated under the Aggregate Resources Act or a predecessor of that Act; or

(j) apply to trees that are cut in accordance with good forestry practice.

Interpretation

(5) The expression "own use" in clause (4) (a) does not include a sale, exchange or other disposition of the trees that are cut.

Application for minor exceptions

(6) Despite the repeal of the Trees Act, section 9 of the Trees Act continues to apply in respect of by-laws passed before the coming into force of this section.

County by-laws for acquiring lands for forestry purposes

12. The council of any county may pass by-laws,

(a) for acquiring by purchase, lease or otherwise land for forestry purposes;

(b) for declaring land that is owned by the municipality to be required by the municipality for forestry purposes;

(d) for the management of any land acquired for or declared to be required for forestry purposes and the sale or other disposition of the trees thereon;

(e) for the issuing of debentures, without the assent of the electors, from time to time for the purpose of providing for the purchase of land for forestry purposes to an amount not exceeding $25,000 to be owing at any one time;

(f) for entering into agreements for the management of any land acquired for or declared to be required for forestry purposes;

(g) for leasing, selling or otherwise disposing of any land acquired for or declared to be required for forestry purposes.

Evidence in prosecutions

13. In any prosecution under this Act,

(a) a copy of an instrument certified under section 17 of the Registry Act or a certificate of search issued under section 117 of the Land Titles Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the matters therein contained; and

(b) a certificate of the Minister or Deputy Minister of Natural Resources in respect of the right, title and interest of the Crown in any trees on any land is admissible in evidence as proof, in the absence of evidence to the contrary, of the matters therein contained.

Payment in lieu of taxes

14. The council of a county may agree to pay annually to the council of a municipality in which the county owns land acquired or declared to be required for forestry purposes a sum not exceeding the amount that would have been payable to the municipality as taxes if the land were not exempt from taxation.

Powers of certain local municipalities

15. (1) The council of any municipality with a population of not less than 10,000, has all the powers, privileges and authority conferred on the council of a county by section 12.

Acquisition of land in another municipality

(2) Land may be acquired under subsection (1) in another municipality with the consent of the council of that municipality.

Payments

(3) If a municipality acquires land in another municipality under this section, the council of the first-mentioned municipality may agree to pay annually to the municipality in which the land is situate a sum not exceeding the amount that would have been payable to the municipality as taxes if the land were not exempt from taxation.

Powers of township councils

16. (1) The council of any township having a population of less than 10,000 has all the powers, privileges and authority conferred by clauses 12 (a), (b), (c), (d), (f) and (g) on the council of a county.

Same

(2) The council of any township may levy, by special rate, a sum not exceeding $1,000 in any year for the purpose of providing for the purchase of land for forestry purposes.

Agreements as to reforestation areas

17. (1) The council of any township may enter into agreements with the owners of land located in the township providing for,

(a) the reforestation of portions of the land;

(b) the entry and planting of trees upon such portions by the employees or agents of the council; and

Acreage

(2) No agreement shall provide for the reforestation of less than five acres of land for every 100 acres belonging to the same owner.

Cutting

(3) Every agreement shall prescribe the conditions under which the cutting of timber upon the portions may be carried out and the conditions are subject to the approval of the Minister.

Exemption from taxation

(4) The council of the township may exempt any portion from general taxation as long as it continues to be used for the purposes set out in the agreement.

Agreements with Ministers of Labour

(5) The council of the township may enter into agreements with the Minister of Labour for Canada and the Minister of Labour for Ontario regulating the conditions of labour and the payment of wages in respect of labour performed in connection with the planting and conservation of trees in the portions.

Regulations

18. (1) The Lieutenant Governor in Council may make regulations designating forest tree pests for the purposes of this Act.

Regulation may be limited

(2) Any regulation made under subsection (1) may be limited territorially or as to time.

Offence

19. (1) Every person who,

(a) contravenes a provision of this Act;

(b) alone or through any other person, contravenes any provision of a by-law passed under this Act, or a predecessor of this Act;

(c) obstructs or interferes with an officer appointed under a by-law passed under this Act, or a predecessor of this Act, or any person acting under the officer's instructions, in the discharge of his or her duties; or

(d) fails, without just cause, to comply with an order made under subsection (2),

is guilty of an offence and on conviction is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than three months, or to both.

Replanting

(2) If a person is convicted of an offence under clause (1) (b), the court shall consider all evidence given in respect of the necessity of replanting the area on which trees have been destroyed and may order the owner of the area to,

(a) replant the trees, in the manner and within the time that the court considers appropriate; and

(b) adequately maintain the replanted trees in the manner the court considers proper.

Where inconsistent penalties

(3) The penalty set out in subsection (1) applies despite any lower penalty set out in a by-law.

Approval of by-law by Minister

20. No by-law shall be finally passed under section 11, 12, 14, 15, 16 or 17 until approved in writing by the Minister.

Lakes and Rivers Improvement Act

22. (1) The definition of "dam" in section 1 of the Lakes and Rivers Improvement Act is repealed and the following substituted:

dam" means a structure or work forwarding, holding back or diverting water and includes a dam, tailings dam, dike, diversion, channel alteration, artificial channel, culvert or causeway. ("barrage")

(2) Section 1 of the Act is amended by adding the following definitions:

engineer" means a person licensed under the Professional Engineers Act to practise professional engineering and appointed by the Minister for the purposes of this Act; ("ingénieur")

mill" means a plant or works in which logs or wood-bolts are processed, and includes a saw mill, a pulp mill and a pulp and paper mill; ("usine")

owner" means the owner of a dam and includes the person constructing, maintaining or operating a dam. ("propriétaire")

(3) The definition of "lake" in section 1 of the Act is amended by adding at the end "and similar body of water".

(4) The definition of "river" in section 1 of the Act is repealed and the following substituted:

river" includes a creek, stream, brook and any similar watercourse. ("rivière")

23. Section 2 of the Act is repealed and the following substituted:

Purposes of Act

2. The purposes of this Act are to provide for,

(a) the management, protection, preservation and use of the waters of the lakes and rivers of Ontario and the land under them;

(b) the protection and equitable exercise of public rights in or over the waters of the lakes and rivers of Ontario;

(d) the management, perpetuation and use of the fish, wildlife and other natural resources dependent on the lakes and rivers;

(e) the protection of the natural amenities of the lakes and rivers and their shores and banks; and

(f) the protection of persons and of property by ensuring that dams are suitably located, constructed, operated and maintained and are of an appropriate nature with regard to the purposes of clauses (a) to (e).

24. (1) Clause 3 (1) (c) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 68, is repealed and the following substituted:

(2) Subsection 3 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 68 and 1996, chapter 1, Schedule N, section 3, is further amended by adding the following clause:

(f) governing the design, construction, operation and maintenance of dams in any lake or river or any defined portion of a lake or river.

(3) Subsection 3 (3) of the Act is repealed.

25. Section 4 of the Act is repealed and the following substituted:

Ministerial agreements

4. For the purposes of this Act, the Minister may enter into agreements, including cost-sharing agreements, with any government or person dealing with the management, protection or use of lakes and rivers and the design, construction, operation, repair, maintenance, alteration or removal of dams or other works in lakes and rivers.

26. Section 7 of the Act is amended by striking out "or to collect tolls other than those upon timber" at the end.

27. Section 8 of the Act is repealed and the following substituted:

Orders binding

8. An order of the Minister and all conditions in an approval under this Act are binding upon and enforceable against the successor or assignee of the person to whom the order is directed or the approval is granted.

28. Sections 10 and 11 of the Act are repealed and the following substituted:

Notice of intent

11. (1) If the Minister intends to refuse an approval that he or she is empowered to give under this Act or to make an order directing any act that will incur costs, the Minister shall, before refusing the approval or making the order, give notice of the intention to the person asking for the approval or to whom the order would be directed.

When notice received

(2) A notice that is mailed by prepaid post to the last known address recorded with the Ministry for a person shall be deemed to have been received by that person five business days after it is mailed.

Request for inquiry

(3) The notice shall inform the person to whom it is given that the person is entitled to an inquiry if a written request for an inquiry is delivered to the Minister within 15 days after the notice is received.

Inquiry required

(4) If the Minister receives a request for an inquiry within the time set out in subsection (3), the Minister shall cause an inquiry to be held and shall consider the inquiry officer's report before making a decision respecting an approval or the making of an order.

Inquiry not required

(5) Subsections (3) and (4) do not apply if the Minister is of the opinion that an immediate order is necessary to protect any person from injury or property from damage and if the Minister so states in the order.

Inquiry officer

(6) The Minister may appoint an inquiry officer and shall specify the particulars of the inquiry.

Inquiry

(7) An inquiry officer shall establish the parties to the inquiry, shall fix a time and place for the inquiry, giving adequate notice in the circumstances, and shall hold the inquiry specified.

Parties

(8) The following are parties to an inquiry:

1. The person who requested the inquiry.

2. The Minister.

3. Any person whom the inquiry officer determines has a direct interest and should be added as a party.

Disclosure

(9) At least 20 days before the day fixed for the inquiry,

(a) each of the parties to the inquiry shall serve each of the other parties a statement setting out the grounds and a list of the documents upon which each intends to rely at the inquiry; and

(b) each party to the inquiry shall make available for inspection by the other parties all documents that the party proposes to use at the inquiry.

Purpose of inquiry

(10) The inquiry officer shall inquire as to whether the refusal of approval or the proposed order is fair, sound and reasonably necessary to achieve the purposes of this Act.

Report

(11) The inquiry officer shall report to the Minister,

(a) setting out the findings of fact;

(b) stating the officer's opinion on the merits and the reasons for that opinion; and

Copies of report

(12) The inquiry officer shall provide a copy of the report to each of the other parties.

Application of R.S.O. 1990, c. S.22

(13) Sections 6 to 16, 21, 21.1, 22 and 23 of the Statutory Powers Procedure Act apply, with necessary modification, to an inquiry under this section.

Minister's decision

(14) The Minister, after considering the report, may,

(a) in the case of a request for approval, grant the approval requested or a modified version of it or refuse to grant the approval; or

(b) in the case of a proposed order, make the order proposed or a modified version of it or refrain from making the proposed order.

Reasons

(15) The Minister shall give reasons for his or her decision to the parties to the inquiry.

29. Section 13 and section 14, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 3, of the Act, are repealed and the following substituted:

Approvals

14. (1) No person shall construct a dam in any lake or river in circumstances set out in the regulations without the written approval of the Minister for the location of the dam and its plans and specifications.

Location approval

(2) An application for approval of the location of a dam must be made in writing and must be accompanied by,

(a) a diagram showing the proposed location of the dam, any area to be flooded and the land of persons other than the applicant that may be affected by the flooding; and

(b) a statement showing the purpose, type and size of the dam, whether the dam will be temporary or permanent, the quantity of water to be held, and the rate of flow of water that may be diverted.

Plan approval

(3) If the location of a dam has been approved, an application for approval of the plans and specifications of the dam must be made in writing and must be accompanied by,

(a) three copies of the plans and specifications showing full details of the dam, including any spillways, sluicegates, channels and other associated structures, and the maximum elevation at which the water will be held under normal operating conditions;

(b) a report on the design of the dam and a map showing the location and size of the watershed above the dam; and

(c) particulars of the nature of the foundation on which the dam is to be constructed with reports of all boring or test pits.

Additional information

(4) The Minister may require any person submitting an application under this section to provide any additional information that the Minister considers pertinent.

Approval

(5) The Minister may approve the location or the plans and specifications of a dam subject to such conditions or with such changes as the Minister considers advisable to further the purposes of this Act.

Fees

(6) The Minister may set, charge and collect fees for issuing approvals under this Part.

Refusal of approval

(7) The Minister may refuse to grant an approval for the location of a dam if the Minister is of the opinion that the construction of the dam at that location would not coincide with the purposes of this Act.

Expiration of approval - location

(8) An approval for location of a dam expires with the specified time for applying for approval of the plans and specifications unless the application for the approval of the plans and specifications is made within that time.

Expiration of approval

(9) An approval for location of a dam and the approval for plans and specifications of the dam expire with the specified time for the completion of construction of the approved dam.

Extension

(10) Subsection (9) does not apply if the Minister is satisfied that construction of the dam is progressing to completion in a diligent manner and extends the time for the completion of construction.

Non-application - emergency

(11) This section does not apply to the construction of an emergency dam if the construction is immediately necessary to prevent injury to persons, loss of life or loss of property.

Directions from Minister

(12) When the situation set out in subsection (11) arises, the owner shall,

(a) immediately give notice to the Minister of the start of construction of a dam; and

(b) comply with the directions of the Minister on the precautions to be taken in maintaining the dam and its removal when the purpose for which it was constructed has been served.

30. Section 15 of the Act is repealed and the following substituted:

Ministerial delegation

15. (1) The Minister may delegate, in writing, any of his or her powers or duties respecting approvals under this Part to any person or body outside the Ministry subject to such limitations and requirements as may be set out in the delegation.

Fees

(2) A delegation of a power or duty to issue approvals includes the right to collect and retain fees for issuing the approvals.

31. Section 16 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 3, is repealed and the following substituted:

Alterations, etc.

16. (1) No person shall alter, improve or repair any part of a dam in the circumstances prescribed by the regulations unless the plans and specifications for whatever is to be done have been approved by the Minister.

Approval

(2) An approval may be granted subject to such conditions or changes as the Minister considers necessary to further the purposes of this Act.

32. Section 17 of the Act is repealed and the following substituted:

Orders

17. (1) If a dam has been constructed on a lake or river and the location or the plans and specifications have not been approved and the Minister considers it necessary for any of the purposes of this Act, the Minister may order the owner to provide plans and specifications of the dam, or repair or remove the dam within the time specified in the order.

Inspector's report

(2) If an inspector or an engineer reports to the Minister that, because of the design, construction or condition of a dam, water is being or may be held, released, forwarded or diverted in sufficient volume or at sufficient rate of flow to cause personal injury or loss of or damage to property, the Minister may order the owner to do what the Minister, on the basis on the report, considers necessary to rectify the problem within the time specified in the order.

Engineer's examination

(3) The Minister may have an engineer examine and report on a dam and the Minister may order the owner, within the time specified in the order, to do what, on the basis of the report, the Minister considers necessary to further the purposes of this Act.

Fishway

(4) The Minister may order the owner of a dam that has been constructed without a fishway to provide one, within the time specified in the order, that permits free and unobstructed passage of fish up and down stream at any season of the year.

Where failure to comply

(5) After the expiration of the time specified in an order, the Minister may do anything that an owner was ordered to but did not do.

Where no approval

17.1 (1) If any activity that requires an approval under this Act is started without that approval, the Minister may order the owner to,

(a) stop the activity;

(b) furnish, within the time specified in the order, the diagrams, statements, plans and specifications, reports or other information that the Minister would be entitled to have before issuing an approval; and

Where failure to comply

(2) After the expiration of the time specified in an order, the Minister may do, change or remove anything that an owner was ordered to but did not do, change or remove.

Recoverable debt

(3) The cost of anything that the Minister does under section 17 or this section because of the failure of an owner to comply with an order is a debt of the owner due to the Crown in right of Ontario and is recoverable with costs in any court of competent jurisdiction.

Non-application of s. 11

(4) Section 11 does not apply to an order made under this section.

Subsequent approval

17.2 (1) The Minister may approve the location or plans and specifications of a dam that have not been approved under section 14, with any changes the Minister considers necessary, after construction has started if the location and plans and specifications are compatible, in the opinion of the Minister, with the purposes of this Act.

Modifying order

(2) In giving an approval under subsection (1), the Minister may rescind or modify a previously issued order in respect of the dam for which approval is given.

33. Sections 19 and 20 of the Act are repealed and the following substituted:

Inspectors and engineers

19. (1) The Minister may, in writing, appoint inspectors and engineers for the purposes of this Act.

Limitation

(2) The Minister may limit the duties and authority of any inspector or engineer appointed.

Duties of inspectors

20. (1) The duties of an inspector include determining if,

(a) the approvals or conditions of approvals under this Act have been complied with;

(b) the orders issued under this Act have been complied with; and

Powers: inspector, engineer

(2) For the purpose of carrying out his or her duties under this Act, an inspector or an engineer may,

(a) enter and inspect, at any reasonable time, any place, structure or land, other than a private dwelling;

(b) require the production for inspection of any document or thing; and

Owner's obligation

(3) The owner of a dam or proposed dam shall permit and facilitate an inspector or an engineer, in the course of carrying out his or her duties, to,

(a) enter and inspect, at any reasonable time, any place, structure or land under the control of the owner, other than a private dwelling; and

(b) inspect any document or thing under the control of the owner.

Removal

(4) An inspector may, upon giving a receipt for it, remove any document or thing produced pursuant to a request under clause (2) (b) for the purpose of making copies or extracts.

Return

(5) Any document or thing that is taken under subsection (4) shall be returned as soon as reasonably possible.

Search warrant

(6) An inspector may obtain a search warrant under Part VIII of the Provincial Offences Act.

Interference prohibited

20.1 (1) No person shall interfere with or otherwise hinder an inspector or an engineer in carrying out his or her duties.

Information

(2) No person shall furnish an inspector or an engineer with false information or fail to furnish information required by an inspector or an engineer for the purpose of carrying out his or her duties.

34. Section 22 of the Act is repealed and the following substituted:

Appointing officers

22. (1) The Minister may appoint officers with the powers and duties specified by the Minister to take charge of a lake or river or any dam in a lake or river if,

(a) a dam is under construction or has been constructed on the lake or river and the Minister considers it expedient for the purposes of this Act; or

(b) a dispute arises between persons having the right to use the lake or river or dam in a lake or river.

Orders

(2) The Minister may, on the recommendation of an officer, make orders to regulate the use of the lake or river or to regulate the use and operation of any dam in the lake or river in the manner that seems, to the Minister, best calculated to afford to persons having conflicting interests on the lake or river or in the dam a fair and reasonable use of the waters of the lake or river and to achieve the purposes of this Act.

Boundary waters

(3) If a change in the level of international boundary waters is involved, the orders of the Minister and the duties of the officers shall conform to any order or recommendation that the International Joint Commission may make under the authority of the International Boundary Waters Treaty between Great Britain and the United States.

35. Sections 25 to 29 of the Act are repealed and the following substituted:

Offence

28. (1) Every person who,

(a) constructs or operates a dam without the location or plans and specifications of the dam having been approved by the Minister;

(b) alters, repairs or improves any part of a dam without the plans and specifications of the alteration, repair or improvement having been approved by the Minister;

(c) hinders or obstructs an engineer, inspector, officer or agent of the Minister in the exercise of a power or performance of a duty under this Act or the regulations; or

(d) contravenes any provision of this Act or a regulation for the contravention of which no other penalty is provided,

is guilty of an offence and, on summary conviction, is liable to a fine of not more than $10,000.

Same

(2) Every person who fails to,

(a) comply with an order under section 17, 17.1, 18, 22, 23, 36 or 38;

(b) provide any plans, books, accounts or documents relating to the design, construction or condition of a dam when required by an engineer, inspector, officer or agent of the Minister; or

is guilty of an offence and, on summary conviction, is liable to a fine of not more than $10,000 and, if after conviction, the failure continues, to a further fine of not more than $1,000 for each day during which the offence continues.

Other liability

(3) A conviction of a person under this section does not affect that person's liability for damages.

Onus of proof

(4) In a prosecution under clause (1) (a) or (b), the onus is on the person charged to prove that the location or the plans and specifications, as the case may be, have been approved by the Minister.

Minister's direction for payment

29. (1) If a debt is owed to the Crown by an owner who owns real property in a municipality for work carried out by the Minister under this Act, the Minister may direct the municipality to recover the amount specified.

Lien

(2) Upon receiving a direction under subsection (1), the municipality has a lien on the property for the amount to be recovered, the amount shall be deemed to be municipal taxes in respect of the property and the clerk of the municipality shall add the amount to the collector's roll and collect it in the same way and with the same priorities as municipal taxes.

Same

(3) Despite any other Act, a lien arising by operation of subsection (2) is not an estate or interest of the Crown in right of Canada or in right of Ontario.

Money collected

(4) A municipality collecting money under this section shall pay the amount collected, less costs reasonably attributable to the collection, to the Minister of Finance.

Where land sold

(5) If land is sold under the Municipal Tax Sales Act and any of the proceeds are payable to the Minister of Finance under this section, the Fire Protection and Prevention Act, 1997, the Environmental Protection Act or the Ontario Water Resources Act, none of the proceeds are payable until after payment of all other amounts payable from the proceeds in respect of the cancellation price of the land.

Cancellation price

(6) Despite any provision in the Municipal Tax Sales Act, the treasurer of a municipality may sell land under that Act for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Fire Protection and Prevention Act, 1997, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under the Municipal Tax Sales Act.

Interpretation

(7) In subsections (5) and (6), "

cancellation price" has the same meaning that it has in the Municipal Tax Sales Act.

Territory without municipal organization

(8) If a debt is owed to the Crown by an owner who owns real property in a territory without municipal organization for work carried out by the Minister under this Act, the Minister may direct the land tax collector appointed under the Provincial Land Tax Act to recover the amount specified.

Lien

(9) The Crown has a lien on the property for the amount to be recovered, the amount shall be deemed to be taxes in respect of the property imposed under the Provincial Land Tax Act and shall be collected in the same way and with the same priorities as taxes under that Act.

36. Sections 30 to 37 of the Act are repealed and the following substituted:

Throwing things in lakes, rivers

36. (1) No person shall throw, deposit, discharge or permit the throwing, depositing or discharging of any refuse, substance or matter in a lake or river, whether or not the lake or river is covered by ice, or on the shores or banks of a lake or river under circumstances that conflict with the purposes of this Act.

Order to remove

(2) If any refuse, substance or matter is deposited, thrown or discharged in a lake or river or on the shore or banks of a lake or river in circumstances that the Minister considers conflict with the purposes of this Act, the Minister may order the person who did the act or caused it to be done to take such steps, within the time specified in the order, as the Minister considers necessary to remove the refuse, substance or matter from the lake or river or the shore or bank, as the case may be.

Where failure to comply

(3) After the expiration of the time specified in an order, the Minister may remove whatever the person to whom the order was directed did not remove.

Recoverable debt

(4) The cost of anything that the Minister does under this section because of the failure of a person to whom an order was directed to comply with the order is a debt of that person due to the Crown in right of Ontario and is recoverable with costs in any court of competent jurisdiction.

37. Subsections 38 (2) and (4) of the Act are repealed.

38. (1) Sections 40 to 42, section 43, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 3, and sections 44 to 88 of the Act are repealed.

(2) Despite subsection (1), section 46 of the Act continues to apply to the works constructed by a company incorporated under section 41 of the Act.

39. Form 1 of the Act is repealed.

Mining Act

40. Sections 99 to 102 of the Mining Act are repealed and the following substituted:

Application

99. This Part applies to Crown land lying north of the 51st parallel of latitude and to Crown land lying south and east of the Mattawa River, Lake Nipissing and the French River.

Exploration licences

100. The Minister may issue exploration licences for the purposes of exploring and drilling for oil and gas on Crown land.

Production leases

101. The Minister may issue production leases for the drilling for and production of oil and gas from Crown land.

Licence and lease regulations

102. The Lieutenant Governor in Council may make regulations in respect of,

(a) the tendering of exploration licence rights;

(b) the application for and issuance of exploration licences;

(d) the application for and issuance of production leases;

(e) the terms and conditions of production leases;

(f) exploration licence and production lease rentals;

(g) minimum exploration licence work requirements;

(h) production lease royalties;

(i) the transfer, assignment, surrender and termination of exploration licences and production leases;

(j) the sale or tendering of exploration licence and production lease rights upon cancellation or termination of a licence or lease.

Provincial Parks Act

41. The definition of "master plan" as set out in section 1 of the Provincial Parks Act is amended by striking out "master plan" at the beginning and substituting "management plan".

42. Section 5 of the Act is repealed and the following substituted:

Classification of provincial parks

5. The Lieutenant Governor in Council may classify any provincial park as a natural environment park, a historical park, a nature reserve, a wilderness park, a recreation park and a waterway park or such other class of park as the Lieutenant Governor in Council may designate.

43. Subsection 7 (2) of the Act is amended by striking out "historic zone, multiple use zone, natural zone, primitive zone, recreational zone" in the sixth and seventh lines and substituting "historical zone, natural environment zone, wilderness zone, nature reserve zone, access zone, development zone and recreation-utilization zone".

44. (1) Subsection 8 (1) of the Act is amended by striking out "master plan" in the first and second lines and substituting "management plan".

(2) Subsection 8 (2) of the Act is amended by striking out "master plan" in the first line and substituting "management plan".

45. Section 13 of the Act is repealed and the following substituted:

Powers of superintendent, etc.

13. The superintendent, the assistant superintendent, a park warden and a conservation officer have all the power and authority of a member of the Ontario Provincial Police as it relates to the enforcement of this Act, the Liquor Licence Act, the Trespass to Property Act, the Highway Traffic Act, the Criminal Code (Canada), the Off-Road Vehicles Act and the Motorized Snow Vehicles Act within a provincial park.

46. Subsection 20 (1) of the Act is repealed and the following substituted:

Prospecting, mining, etc.

(1) Subject to the regulations, prospecting, staking mining claims, developing mineral interests, working mines or extracting sand, gravel, topsoil or peat resources in provincial parks is prohibited.

47. Subsection 22 (1) of the Act is amended by striking out "$5,000" in the last line and substituting "$25,000".

Public Lands Act

48. Section 2 of the Public Lands Act is amended by adding the following subsection:

Agreements

(2) The Minister may enter into agreements with any person for the purpose of carrying out his or her duties under this Act.

49. Section 12 of the Act is repealed and the following substituted:

Designating planning units

12. (1) The Minister may designate all or any area of public land as a planning unit and the Minister may require that a land use plan be prepared for the planning unit.

Advisory committees

(2) The Minister may establish advisory committees to participate in the preparation and implementation of land use plans.

Guidelines

12.1 (1) A land use plan shall be prepared in accordance with the land use planning guidelines approved by the Minister.

Provisions

(2) The guidelines shall contain provisions respecting,

(a) the contents and preparation of land use plans, including public involvement and decision-making processes; and

(b) the establishment of zones to define the purposes for which public land, water and natural resources within each zone may be managed.

Approval required

12.2 (1) A land use plan is of no effect unless approved by the Minister.

Minister's powers

(2) The Minister may approve the plan, reject it or approve it with such modifications as the Minister feels appropriate.

Ministerial amendments

(3) The Minister may, at any time, amend, in accordance with the land use planning guidelines, a land use plan that the Minister previously approved.

Proposal by Minister

(4) If the Minister proposes to approve or to amend an approved land use plan, the Minister shall give notice of the intent in accordance with the land use planning guidelines.

Objections

12.3 (1) Any person may object to a proposed approval of or a proposed amendment to a land use plan by giving written notice to the Minister within 30 days after the day that the Minister's notice of intent is published.

Review

(2) The Minister may designate one or more individuals or a board, commission or agency to review the objection and make a report to the Minister setting out recommendations.

Minister's decision

(3) After considering the report, the Minister may take such action as the Minister considers appropriate and shall notify the objector in writing.

Decision final

(4) The decision of the Minister is final.

Non-application of R.S.O. 1990, c. S.22

(5) The Statutory Powers Procedure Act does not apply to reviews under this section.

Guidelines

(6) The Minister may establish guidelines with respect to reviews under this section.

Consistent activities

12.4 (1) All activities carried out within a planning unit shall be consistent with the land use plan approved for the planning unit.

Objections

(2) Any person may object to an activity that is inconsistent with the land use plan by giving the Minister written notice and the Minister may refer the objection to the individual or body designated under subsection 12.3 (2) for review and preparation of a report with recommendations.

Ministerial order

(3) The Minister may, by order, require any person to stop any activity that, in the opinion of the Minister, is inconsistent with a land use plan.

Compliance

(4) No person shall contravene or fail to comply with the Minister's order.

50. Section 16 of the Act is amended by striking out "but no such sale or lease shall be made of parcels of more than five hectares, and in the case of a sale at less than $24.70 a hectare and in the case of a lease at less than $12.35 a hectare per annum, without the approval of the Lieutenant Governor in Council" at the end.

51. The Act is amended by adding the following section:

Lost, mislaid or abandoned property

27.1 (1) Subject to the Mining Act, any personal property found on public land that is not claimed by the owner within three months is the property of the Crown in right of Ontario and may be sold under the direction of the Minister.

Crown prerogative preserved

(2) Subsection (1) shall not be construed to derogate from any Crown prerogative.

Same

(3) If the property is perishable or has no commercial value, it may be given to a charitable institution or destroyed.

Same

(4) If a person establishes, to the satisfaction of the Minister within one year after the date of sale, that the person was the owner of property sold under subsection (1), the Minister may direct payment to the person of an amount equal to the price received for the property less the cost of the sale and other expenses incurred in connection with the property.

Minister's direction

(5) Subsection (1) does not apply if the Minister, in writing, refuses to accept ownership of the property.

52. The Act is amended by adding the following section:

Cancellation of duplicate letters patent

32.1 (1) If two or more letters patent grant identical parcels of land to the same person, the Minister may make an order cancelling all but the earliest of the letters patent.

Registration

(2) The Minister may cause an order under subsection (1) to be registered in the proper land registry office.

53. The Act is amended by adding the following section:

Transfer of administration and control

37.1 (1) The Minister may, by order signed by him or her, transfer the administration and control of public lands to,

(a) the Crown in right of Canada;

(b) another Minister of the Crown in right of Ontario;

(d) an agent corporation within the meaning of the Financial Administration Act (Canada).

Terms and conditions

(2) A transfer by ministerial order is subject to any terms and conditions specified in the order.

Crown grant

(3) A transfer by ministerial order shall be deemed to be a Crown grant for the purposes of section 37.

54. Section 41 of the Act is repealed.

55. Subsection 58 (6) of the Act is repealed and the following substituted:

Acquisition of trees reserved

(6) If public land has been disposed of by the Crown under this or any other Act and some or all of the species of trees on the land have been reserved to the Crown and are not under timber licence, the Minister may acquire any species of trees so reserved at the price and on such conditions as the Minister considers proper.

56. Subsection 61 (5) of the Act is amended by striking out "prescribed therefor by the regulations" in the second and third lines and substituting "specified by the Minister".

57. (1) Subsection 66 (1) of the Act is amended by striking out "prescribed therefor by the regulations" in the eighth and ninth lines and substituting "specified by the Minister".

(2) Subsection 66 (2) of the Act is amended by striking out "prescribed therefor by the regulations" in the ninth line and substituting "specified by the Minister".

58. The Act is amended by adding the following section:

Application

68.1 (1) This section applies to a reservation in letters patent if,

(a) the reservation cannot be released under any other provision of this Act; and

(b) the release of the reservation is not prohibited by any provision in this Act.

Release of reservations by Ministerial order

(2) Subject to subsection (3), where public lands have been disposed of by the Crown under this or any other Act and an interest or right has been reserved to the Crown, the reservation may be released by an order signed by the Minister, at the price and on the conditions that the Minister considers proper.

Authorization by regulation

(3) The Minister may not release a reservation unless the release is authorized by the regulations.

Regulations authorizing release of reservations

(4) The Lieutenant Governor in Council may make regulations authorizing the Minister to release a reservation or class of reservations in letters patent.

59. Subsection 69 (2) of the Act is amended by striking out "prescribed therefor by the regulations" in the second and third lines and substituting "specified by the Minister".

Surveyors Act

60. (1) Subsection 7 (1) of the Surveyors Act is amended by adding the following paragraph:

32.1 prescribing the kind and form of monuments used to identify points in surveys and prescribing how and where they are to be used and how they are to be designated on plans of survey.

(2) Section 7 of the Act is amended by adding the following subsection:

Regulation may be limited

(1.1) Any regulation authorized by paragraph 32.1 of subsection (1) may be limited territorially or as to time or otherwise.

61. Paragraph 3 of subsection 14 (2) of the Act is repealed and the following substituted:

3. At least 50 per cent of the members of the board of directors of the corporation shall be members of the Association.

62. Section 45 of the Act is repealed.

Surveys Act

63. Clause 62 (1) (c) of the Surveys Act is repealed.

Regulation made under Surveys Act, s. 62

64. The following regulation, as it read immediately before this section comes into force, continues in force as if it had been made under subsection 7 (1) of the Surveyors Act and may be amended or revoked under that subsection:

1. Ontario Regulation 525/91.

Repeals

65. The following are repealed:

1. Forest Tree Pest Control Act.

2. Forestry Workers Employment Act.

3. Settlers' Pulpwood Protection Act.

4. Spruce Pulpwood Exportation Act.

5. The National Radio Observatory Act, 1962-63.

6. Trees Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 101.

7. Woodlands Improvement Act.

Commencement

66. (1) This Schedule, except for sections 15, 16, 17 and 49, comes into force on the day the Red Tape Reduction Act, 1998 receives Royal Assent.

Same

(2) Sections 15 and 17 shall be deemed to have come into force on April 1, 1995.

Same

(3) Section 16 shall be deemed to have come into force on April 1, 1997.

Same

(4) Section 49 comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE J

REPEAL OF THE POLICY AND PRIORITIES BOARD OF CABINET ACT

Repeal

1. The Policy and Priorities Board of Cabinet Act is repealed.

Commencement

2. This Schedule comes into force on the day the Red Tape Reduction Act, 1998 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 two 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 the end of the schedules.

SCHEDULE A

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

The Schedule deals with matters, including matters previously dealt with in Bill 116 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending or repealing certain statutes administered by the Ministry of Agriculture, Food and Rural Affairs. The Schedule amends two Acts and repeals one other Act administered by the Ministry of Agriculture, Food and Rural Affairs.

Drainage Act

The Schedule amends section 41 of the Act so that a local municipality is not required to send a copy of the engineer's report mentioned in that section to owners of lands and roads assessed for a sum of less than $100.

The Schedule amends section 93 of the Act so that a local municipality may, with the approval of the Minister, appoint more than one drainage superintendent.

Sheep and Wool Marketing Act

The Schedule repeals the Act.

Tile Drainage Act

The Schedule amends the Act so that a municipality that passes a borrowing by-law under section 2 no longer needs to register it in the land registry office where the municipality is situated.

SCHEDULE B

AMENDMENTS PROPOSED BY THE MINISTRY OF THE ATTORNEY GENERAL OR THE MINISTRY OF THE SOLICITOR GENERAL

Schedule B deals with most of the matters previously dealt with in Bill 122 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending certain statutes administered by or affecting the Ministry of the Attorney General or the Ministry of the Solicitor General and by making complementary amendments to other statutes. Schedule C also deals with a matter previously dealt with in Bill 122.

Bulk Sales Act

Section 1 of Schedule B would require that the court affidavit relating to a bulk sale be filed in the court office for every county or district in which all or part of the stock that is subject to the sale is located. A similar requirement existed before the enactment of the Revised Statutes of Ontario, 1990.

Cemeteries Act (Revised)

Section 2 of Schedule B would make clear that the trust funds required to be established by cemetery owners are subject to the new investment powers contained in Schedule B's proposed amendments to the Trustee Act (see also section 16 of Schedule B).

Coroners Act

Section 3 of Schedule B would repeal the provisions that establish the Coroners' Council and describe its functions.

County of Oxford Act

Section 4 of Schedule B would repeal a provision made obsolete by Schedule B's proposed amendments to the Trustee Act (see section 16 of Schedule B).

Courts of Justice Act

Subsection 5 (1) of Schedule B would authorize the making of rules of court dealing with the issuance, service, filing and storage of documents by electronic means. Subsection 5 (2) would eliminate the need to obtain the Attorney General's consent before applying for a court order to prohibit a person from initiating vexatious proceedings.

District Municipality of Muskoka Act

Section 6 of Schedule B would repeal a provision made obsolete by Schedule B's proposed amendments to the Trustee Act (see section 16 of Schedule B).

Evidence Act

Subsection 7 (1) of Schedule B would allow printed and electronic consolidations of statutes and regulations published by the Queen's Printer to be relied on as authoritative. Subsections 7 (2) and (3) of Schedule B would eliminate the need for a seal on documents certified by a land registrar to be true copies of documents that are filed in his or her office.

Law Society Act

Section 8 of Schedule B would make Schedule B's proposed amendments to the Trustee Act applicable to the investment of funds by The Law Foundation of Ontario (see also section 16 of Schedule B).

McMichael Canadian Art Collection Act

Section 9 of Schedule B would make Schedule B's proposed amendments to the Trustee Act applicable to the investment of money of the McMichael Canadian Art Collection (see also section 16 of Schedule B).

Ontario Heritage Act

Section 10 of Schedule B would make Schedule B's proposed amendments to the Trustee Act applicable to the investment of funds of the Ontario Heritage Foundation (see also section 16 of Schedule B).

Ontario Northland Transportation Commission Act

Section 11 of Schedule B would eliminate the need to obtain the Attorney General's consent before bringing court proceedings against the Ontario Northland Transportation Commission.

Public Accountancy Act

Section 12 of Schedule B would make Schedule B's proposed amendments to the Trustee Act applicable to the investment of money of The Public Accountants Council for the Province of Ontario (see also section 16 of Schedule B).

Public Guardian and Trustee Act

Section 13 of Schedule B would make Schedule B's proposed amendments to the Trustee Act applicable to the investment of property that is available for investment by the Public Guardian and Trustee (see also section 16 of Schedule B).

Regional Municipalities Act

Section 14 of Schedule B would repeal a provision made obsolete by Schedule B's proposed amendments to the Trustee Act (see section 16 of Schedule B).

Science North Act

Section 15 of Schedule B would make Schedule B's proposed amendments to the Trustee Act applicable to the investment of funds of Science North (see also section 16 of Schedule B).

Trustee Act

Section 16 of Schedule B would replace the detailed list of investments that a trustee is authorized to invest in with a general power to invest in any property that a prudent person might invest in, including mutual funds and including common trust funds maintained by loan and trust corporations. A trustee would be required to exercise the care, skill, diligence and judgment that a prudent person would exercise in investing trust property. The proposed amendments to the Trustee Act are based on principles approved by the Uniform Law Conference of Canada.

SCHEDULE C

STATUTE AND REGULATION REVISION ACT, 1998

The Schedule deals with the matter previously dealt with in section 10 of Bill 122 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending certain statutes administered by or affecting the Ministry of the Attorney General or the Ministry of the Solicitor General and by making complementary amendments to other statutes.

The Schedule would enact a new statute, called the Statute and Regulation Revision Act, 1998, that would authorize the Chief Legislative Counsel to carry out a revision of Ontario's statutes and regulations. The proposed Act is similar in many respects to statutes that have previously authorized general decennial revisions (see, most recently, the Statutes Revision Act, 1989 and the Regulations Revision Act, 1989). In addition to authorizing a general revision of all the statutes and regulations, the proposed Act would also permit the revision of selected statutes and regulations.

SCHEDULE D

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF CITIZENSHIP, CULTURE AND RECREATION

The Schedule deals with matters previously dealt with in Bill 114 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending the Ministry of Citizenship and Culture Act and repealing the Parks Assistance Act. The two Acts that the Schedule deals with are administered by the Ministry of Citizenship, Culture and Recreation.

The Schedule repeals the regulation-making authority in the Ministry of Citizenship and Culture Act and repeals the Parks Assistance Act.

SCHEDULE E

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS

The Schedule deals with matters, including matters previously dealt with in Bill 117 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending certain statutes administered by the Ministry of Consumer and Commercial Relations, by repealing the Costs of Distress Act and by making complementary amendments to the Mortgages Act. The Schedule amends certain Acts administered by the Ministry of Consumer and Commercial Relations, repeals the Costs of Distress Act and makes a complementary amendment to the Mortgages Act. The latter two Acts are administered by the Ministry of the Attorney General.

The main changes made by the Schedule are as follows:

Athletics Control Act

The Schedule requires the Deputy Minister under the Act to appoint the Athletics Commissioner. It also eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Bailiffs Act

The Minister responsible for the administration of the Act is required to appoint the Registrar of Bailiffs. The Minister, rather than the Lieutenant Governor in Council, appoints bailiffs under the Act.

The Schedule eliminates the regulation-making powers in the Act with respect to fees and allows the Minister to approve fees.

The Schedule incorporates the provisions of the Costs of Distress Act into the Act.

Boundaries Act

The Schedule amends the regulation-making powers in the Act. The Minister responsible for the administration of the Act can make orders with respect to matters including fees payable under the Act and administrative procedures, the Director of Land Registration can make regulations with respect to forms and the Minister can make all other regulations.

Business Corporations Act

The Schedule eliminates the requirement to file a notice of resolution for a change in the number of directors and the requirement for non-offering corporations to make an application for an exemption from an audit.

A holding corporation may amalgamate with subsidiary corporations with director approval only if the shares of the subsidiary corporation are wholly owned by one of the amalgamating corporations.

The Schedule eliminates the limitation of five years from the dissolution of a corporation for bringing an action or proceeding against the corporation.

The Schedule eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees. It also transfers to the Minister the regulation-making power to prescribe forms.

Business Names Act

The Schedule amends the Act to provide for the registration of extra-provincial limited liability companies. It also eliminates the regulation-making power in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Business Practices Act

The Schedule eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Certification of Titles Act

The Schedule sets the time period for appealing a decision of the Director of Titles under the Act at 30 days from the date of the decision.

Change of Name Act

The Schedule amends the regulation-making powers in the Act so that the Registrar General by order can set and collect fees for services that the Registrar General provides under the Act.

Collection Agencies Act

The Schedule requires the Deputy Minister under the Act to appoint the Registrar of Collection Agencies. It also eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Consumer Protection Act

The Schedule eliminates the power in the Act to make regulations prescribing the form of executory contracts.

Consumer Reporting Act

The Schedule requires the Deputy Minister under the Act to appoint the Registrar of Consumer Reporting Agencies. It also eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Corporations Act

The Schedule eliminates the requirement to have a corporate seal and to file a notice of resolution changing the head office address or the number of directors.

A mutual insurance corporation is required to hold a meeting of shareholders within the first three months of every year, rather than with the first two months, as at present. The corporation is required to send a notice of a meeting of the corporation to shareholders and members or to publish the notice in a newspaper, rather than do both, as at present.

A corporation is allowed to hold directors' meetings by telephone or other means of communication and to keep corporate records at any place where there is electronic access from the head office.

Non-profit corporations other than charitable corporations are not required to have an audit for any year in which their annual income is less than $10,000 and all of their members consent in writing. All non-profit corporations are allowed to purchase liability insurance for its directors and officers.

Corporations Information Act

The Schedule eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Costs of Distress Act

The Act is repealed.

Extra-Provincial Corporations Act

The Schedule eliminates regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees. It also transfers to the Minister the regulation-making power to prescribe forms.

Land Registration Reform Act

The Schedule amends the Act so that Part I of the Act applies to all of Ontario.

The Schedule amends the regulation-making powers in the Act. The Minister responsible for the administration of the Act can make orders with respect to fees payable under the Act, the Director of Land Registration can make regulations with respect to forms and the Minister can make all other regulations.

Land Titles Act

The Director of Land Registration appointed under the Registry Act, rather than the Minister of Consumer and Commercial Relations, appoints the Director of Titles. The Director of Titles can appoint representatives, instead of Deputy Directors. Land registrars can appoint their own representatives, instead of deputy land registrars. The Director of Land Registration, rather than the Lieutenant Governor in Council, appoints the examiner of surveys.

The Director of Titles and the land registry offices for land titles divisions are no longer required to have a seal.

Courts, the Director of Titles and land registrars are no longer allowed, of their own accord and without notice, to register an order inhibiting the dealing with registered land or a registered charge.

All appeal periods under the Act are set at 30 days.

The Schedule amends the Act to reflect the fact Part I of the Land Registration Reform Act applies to all of Ontario. The Schedule changes most requirements in the Land Titles Act for affidavits to requirements for statements. It also amends the Act so that notarial copies of some documents are acceptable in addition to certified copies.

The order of registration of instruments is determined not by the time, but by the number, that the land registrar assigns to them.

It is no longer necessary to state the rate of interest, the periods of payment and the maturity date in a registered charge.

The Schedule expands all references in the Act to executors and administrators to include estate trustees.

The Schedule repeals all provisions with respect to certificates of ownership, certificates of charge and certificates of search.

A chargee who exercises a power of sale under a registered charge is deemed to have complied with the Mortgages Act upon registering the evidence specified by the Director of Titles.

It is possible to register a notice of a lease or an agreement for a lease if it sets out the particulars of the lease or agreement; it is no longer necessary for the notice to contain an executed copy. It is also possible to register a notice of an amendment of a registered lease.

Cautions registered under section 128 of the Act after the amendments come into force expire 60 days, rather than five years, from the date of their registration and the requirement to hold a hearing under section 129 with respect to them is eliminated. A person having an interest in the land or the charge against which a caution was registered before the amendments come into force can apply to the land registrar to have the caution deleted from the register, without the need for a hearing, if the applicant has served 60 days notice on the cautioner.

Sheriffs no longer forward to land registrars writs of execution that affect land governed by the Act and land registrars no longer record them. Instead land registrars have access to the electronic database where the sheriffs record them.

The Schedule amends the regulation-making powers in the Act. The Minister of Consumer and Commercial Relations can make orders with respect to matters including the records of the land registry offices and fees payable under the Act. The Director of Land Registration can make orders with respect to the hours of operation of land registry offices and the procedures for changing registrations so that land is governed by the Act, rather than the Registry Act. The Director of Titles can specify the procedures for removing a qualification from title. The Director of Land Registration can make regulations with respect to forms. The Minister can make all other regulations.

Limited Partnerships Act

The Schedule eliminates the regulation-making powers in the Act with respect to fees and allows the Minister to approve fees.

Liquor Licence Act

The Schedule amends the definition of "Ontario wine" in the Act to include wine produced in Ontario from agricultural products containing sugar or starch.

The Board is allowed, in certain specified cases, to issue a licence to sell liquor to an applicant who has a financial relationship with a manufacturer.

The Board, and not the regulations, can determine the additional manner in which the Board is required to give public notice of an application for a liquor licence.

The Board can dispense with a public meeting if it considers that the objections to an application are frivolous or vexatious. It can also grant a special occasion permit if there has been a significant change in circumstances on which the board based an order disqualifying premises.

Loan Brokers Act, 1994

The Schedule allows the Director appointed under the Ministry of Consumer and Commercial Relations Act to issue cease-and-desist orders against persons violating the Act and adds an offence section for non-compliance with those orders.

Marriage Act

The Schedule repeals the Form to the Act that sets out the relationships by consanguinity or adoption that, under the Marriage (Prohibited Degrees) Act (Canada), bar the lawful solemnization of marriage. The Lieutenant Governor in Council can prescribe a form by regulation for that purpose.

Mortgages Act

The Schedule amends section 35 of the Act so that a mortgagee exercising a power of sale under a mortgage obtains the benefit of the section if the statutory declaration proving service includes a notarial copy of the post office receipt of registration. It is no longer necessary that the statutory declaration include the original receipt.

Motor Vehicle Dealers Act

The Schedule requires the Deputy Minister under the Act to appoint the Registrar of Motor Vehicle Dealers and Salesmen.

Ontario New Home Warranties Plan Act

The Schedule allows the Ontario New Home Warranty Program to appoint Deputy Registrars.

It also imposes the warranties that a vendor makes under section 13 of the Act on a person who at any time has registered as a vendor with respect to a home on which a builder has substantially completed construction, even if another person sells the home to an owner or completes a transaction to sell the home to an owner.

The Schedule removes the requirement for the Corporation to obtain the approval of the Lieutenant Governor in Council for making regulations prescribing terms and conditions of registration under the Act.

Paperback and Periodical Distributors Act

The Schedule requires the Deputy Minister under the Act to appoint the registrar of paperback and periodical distributors. It also allows the Minister to approve fees under the Act.

Personal Property Security Act

The Schedule amends the Act so that the registrar of personal property security can determine that a claimant is entitled to compensation from The Personal Property Security Assurance Fund without the need for a hearing. If there is a hearing, the registrar, and not the Director of Titles, holds it.

The Schedule amends the regulation-making powers in the Act so that the Minister responsible for the administration of the Act can make orders with respect to fees payable under the Act, forms and other administrative matters.

Real Estate and Business Brokers Act

The Schedule requires the Deputy Minister to appoint the Registrar of Real Estate and Business Brokers.

It also allows the administrative authority designated under the Safety and Consumer Statutes Administration Act, 1996 to pass by-laws, with the prior approval of the Minister, establishing consumer protection programs.

Registry Act

The Deputy Minister, rather than the Minister of Consumer and Commercial Relations, appoints the Director of Land Registration. The Director of Land Registration can appoint representatives, instead of Deputy Directors. Land registrars can appoint their own representatives, instead of deputy land registrars.

The Director of Land Registration and the land registry offices for registry divisions are no longer required to have a seal.

Land registrars no longer provide abstracts with respect to registered land.

It is possible to register a notice of an amendment of a lease.

The Schedule amends the Act to reflect the fact Part I of the Land Registration Reform Act applies to all of Ontario. The Schedule changes all requirements in the Registry Act for affidavits to requirements for statements. It also amends the Act so that notarial copies of some documents are acceptable in addition to certified copies.

It is no longer necessary to show the land registrar the original judgment or order affecting land when registering a notarial copy.

The land registrar is no longer required to enter a note on the abstract index when a person registers an instrument that is signed under a power of attorney.

The order of registration of instruments and deposit of documents is determined not by the time, but by the number, that the land registrar assigns to them. The Act no longer requires the land registrar to endorse a certificate of registration on a duplicate instrument.

The original copy or a notarial copy of a holograph will can be registered if it is accompanied by a statement by a person well acquainted with the testator attesting to the handwriting and the signature of the testator on the will.

The Schedule expands all references in the Act to executors and administrators to include estate trustees.

The Schedule eliminates the requirement to produce the duplicate registered mortgage when registering a discharge of the mortgage.

The Schedule allows, but does not require, instruments that change municipal boundaries to be registered.

The Schedule amends the regulation-making powers in the Act. The Minister of Consumer and Commercial Relations can make orders with respect to matters including the records of the land registry offices and fees payable under the Act. The Director of Land Registration can make orders with respect to the hours of operation of land registry offices and certain administrative matters specified in section 100 and can make regulations with respect to forms. The Minister can make all other regulations.

Repair and Storage Liens Act

Theatres Act

The Schedule reduces the requirement for a quorum for the Ontario Film Review Board from three to two. It allows the Board to approve a film in the methods prescribed by the regulations, and eliminates the licensing requirement for projection equipment.

The Schedule eliminates the regulation-making powers in the Act with respect to fees and allows the Minister responsible for the administration of the Act to approve fees.

Travel Industry Act

The Schedule requires the Deputy Minister under the Act to appoint the Registrar under the Act.

Vital Statistics Act

The Schedule removes the requirement for payment of a special fee of 25 cents when a sub-registrar issues a burial permit. It also repeals section 41 of the Act that provides for payments to division registrars and superintendents of Indian agencies on a per registration basis.

The Schedule amends the regulation-making powers in the Act so that the Registrar General can make orders with respect to fees payable for services that the Registrar General provides under the Act.

SCHEDULE F

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF ENERGY, SCIENCE AND TECHNOLOGY

The Schedule deals with matters previously dealt with in Bill 121 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending the Ontario Energy Board Act and repealing the Ontario Energy Corporation Act. The two Acts that the Schedule deals with are administered by the Ministry of Energy, Science and Technology.

The Schedule authorizes the Ontario Energy Board to approve or fix rates based on a methodology other than the methodology set out in subsections 19 (2) to (6) of the Ontario Energy Board Act.

The Schedule repeals the Ontario Energy Corporation Act and dissolves the Ontario Energy Corporation.

SCHEDULE G

AMENDMENTS PROPOSED BY THE MINISTRY OF HEALTH

The Schedule deals with matters previously dealt with in Bill 118 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending certain statutes administered by the Ministry of Health, by amending other statutes in relation to statutes administered by the Ministry of Health and by enacting the Ministry of Health Appeal and Review Boards Act, 1997. The Schedule amends several statutes administered by the Ministry of Health and several statutes administered by other ministries in relation to statutes administered by the Ministry of Health.

The Schedule has three Parts. Part I amends the Regulated Health Professions Act, 1991 (the "RHPA"). Part II amends the health professional Acts related to the RHPA. Part III amends a number of other Acts.

Most of the changes made by the Schedule relate to the following:

Procedural changes relating to the regulation of health professions

A number of changes are made to the Health Professions Procedural Code (Schedule 2 to the RHPA). These include changes to the procedures of the new Health Professions Appeal and Review Board in relation to registration and complaints (see the amendments to sections 22 and 34 of the Code) and changes relating to the procedures of the health profession Colleges' Discipline Committee (see the amendments to section 42.1 of the Code) and Fitness to Practise Committee (see the amendment to section 66 of the Code).

Change from regulations to by-laws

Under section 95 of the Health Professions Procedural Code (Schedule 2 to the RHPA) the Colleges that regulate health professions can, with the approval of the Lieutenant Governor in Council, make regulations. Under section 94 of the Code the Colleges can, without such approval, make by-laws. The amendments to sections 94 and 95 of the Code convert a number of regulation-making powers to by-law making powers. The result is that it will be possible to make by-laws with respect to a number of matters that currently must be dealt with in regulations. These matters include the election of Council members by members of the College, the conduct of meetings of the Council and committees, the composition of committees of the College and the fees to be paid by members.

The Schedule amends the Drug and Pharmacies Regulation Act to convert certain regulation-making powers of the Ontario College of Pharmacists into by-law making powers, in a manner that is consistent with the conversion of regulation-making powers under the amendments to the Health Professions Procedural Code.

Consolidation of Health Boards

The Schedule makes a number of amendments to other Acts that are consequential to the amalgamation of existing appeal and review boards under the Ministry of Health Appeal and Review Boards Act, 1998 (see Schedule H). Provisions that duplicate, or are inconsistent with, the provisions of the Ministry of Health Appeal and Review Boards Act, 1998 are repealed or amended. References to the boards that are being amalgamated are changed so that they refer to the new boards.

Procedural changes under the Veterinarians Act

Under the Veterinarians Act, there is a right, with respect to certain matters, to appeal to the Health Professions Board. (This is one of the Boards that will be amalgamated under the Ministry of Health Appeal and Review Boards Act, 1998). The amendments to the Veterinarians Act make the procedure before the Board in such matters more consistent with the procedure before the Board, as changed by the Schedule, in matters arising under the RHPA and the health professions acts.

Updating of references to Acts regulating health professionals

The Schedule updates a number of references to health professionals or the legislation that regulates them. The references being updated predate the reforms to the regulation of health professionals made by the RHPA and the health professions Acts.

Minor changes

The Schedule makes some other minor changes. These include:

1. An amendment to the confidentiality requirements of the RHPA, amending an existing exception relating to the administration of certain acts and adding a new exception relating to law enforcement. (See the amendment to section 36 of the RHPA.)

2. An amendment to section 23 of the Health Professions Procedural Code (Schedule 2 to the RHPA) to authorize the Registrar of a College to refuse to allow a person to obtain a member's business address and phone number from the register if the member's safety might be jeopardized. (See the new subsection 23 (3.1) of the Code).

3. Amendments to the Respiratory Therapy Act, 1991 and to the RHPA changing the French title of the profession. This results in amendments to the French title of the Act and the College. (See the amendments to the Respiratory Therapy Act, 1991 and to Schedule 1 of the RHPA).

4. An amendment to the Healing Arts Radiation Protection Act to repeal the regulation-making powers to prescribe hospitals and facilities in which computerized axial tomography scanners (C.A.T. scans) can be operated and the number of C.A.T. scans that can be operated in a facility. The Minister is given the power to designate such hospitals and facilities and the number of C.A.T. scans.

5. An amendment to the Public Hospitals Act to give the Minister power to establish a list of hospitals and their classifications and grades without doing so by regulation. (See the new section 32.1 of the Act.)

SCHEDULE H

MINISTRY OF HEALTH APPEAL AND REVIEW BOARDS ACT, 1998

The Schedule enacts the Ministry of Health Appeal and Review Boards Act, 1998, originally contained in Schedule A to Bill 118 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending certain statutes administered by the Ministry of Health, by amending other statutes in relation to statutes administered by the Ministry of Health and by enacting the Ministry of Health Appeal and Review Boards Act, 1997.

The Act consolidates seven boards that deal with appeals and reviews under a number of Ministry of Health statutes. The boards are amalgamated into two new boards (sections 1 and 7 of the Act).

Part I of the Act deals with one of the new boards, the Health Professions Appeal and Review Board. Part II of the Act deals with the other new board, the Health Services Appeal and Review Board. In addition to providing for their creation from the existing boards, each part provides for the duties of the new boards, their composition and for the qualifications of their members.

Part III of the Act relates to both new boards. It provides for matters of an administrative or procedural nature. These include provisions that allow for single member panels (see sections 15 and 16 of the Act).

SCHEDULE I

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF NATURAL RESOURCES

The Schedule deals with matters previously dealt with in Bill 119 of the 1st Session of the 36th Legislature, An Act to reduce red tape by amending or repealing certain statutes administered by the Ministry of Natural Resources.

The Conservation Authorities Act is being amended to do the following:

1. The definition of "referee" is deleted. The word no longer appears in the Act.

2. Streamline and devolve the process for enlarging and amalgamating the composition of membership.

3. Authorities are given more time in which to send copies of minutes to members.

4. Confirms the principle that each member of an authority is entitled to one vote.

5. The Lieutenant Governor in Council would no longer appoint members to the executive committee of authorities.

6. The Act is amended to enable authorities to enter into agreements to allow for exploration for and extraction of oil and gas reserves in circumstances where it is compatible with conservation objectives if the reserves are extracted in land adjacent to, but not on, authority land.

7. Authorities would be able to lease land for terms of up to five years without approval.

8. The power to regulate development is being amended and made more explicit.

9. Explicit right to enter and inspect for the purpose of enforcing the regulations is set out.

10. The contents and extent of regulations made by authorities are to be governed by Lieutenant Governor in Council regulations.

11. Activities that are approved under the Aggregate Resources Act do not require approval under conservation authority development regulations.

12. The authorities are being permitted to make regulations providing for the appointment of persons to act as officers for the purpose of enforcing certain regulations.

13. Maximum fines for the contravention of regulations made under section 28 are increased from $1,000 to $10,000 and for regulations made under section 29, from $100 to $1,000.

14. A person convicted of contravening regulations made under section 28 may be ordered by a court to restore the site to its previous state. If the order is not complied with, the authority may do the work and recover the costs.

The Crown Forest Sustainability Act, 1994 is being amended to clarify that funds in the Forest Renewal Trust are Crown assets that are to be used to renew Crown forests and that forest renewal and maintenance activities under Sustainable Forest Licences are being carried out for the benefit and on behalf of the Crown. (These amendments are being made retroactive to the date that the Act came into force.) The Act is also being amended to allow area charges to be set administratively rather than by regulation.

Section 37 of the Forest Fires Prevention Act authorizes the Minister to regulate restricted fire zones. The recast section permits the Minister to do the same thing by an order that is now treated as a regulation.

The Forest Fires Prevention Act is being amended to permit the Minister to declare fire regions by an order rather than by regulation.

The Forestry Act, the Trees Act, the Forest Tree Pest Control Act, and the Woodlands Improvement Act, which deal with forestry on private land, are being consolidated into one Act, being the Forestry Act. Obsolete and redundant provisions are being eliminated. The maximum fine for contravention of the Act is being increased to $20,000.

The changes to the Lakes and Rivers Improvement Act do the following:

1. Eliminate redundant sections, modernize the language and section structure and consolidate definitions.

2. Clarify approval processes and confirm the authority to collect fees and to impose conditions on approvals.

3. The Minister is given explicit power to enter into cost-sharing agreements.

4. Streamline the power to delegate approval powers. If a power is delegated, the recipient of the delegated power may retain any fee that is payable.

5. Minister's orders and approvals are explicitly made binding on the original recipient and that person's successor or assignee.

6. The inquiry process required when the Minister intends to refuse a request for an approval or intends to issue an order is recast and simplified.

7. The Minister is being authorized to issue stop work orders in respect of unauthorized dams while compliance issues are resolved.

8. The Minister would be authorized to appoint inspectors and engineers with powers to ensure compliance with the Act. The powers and duties of inspectors and engineers are increased and set out in greater detail.

9. Maximum fines for failure to comply with the Act are being increased.

10. The collection of debts due to the Crown is being simplified. These may be collected as part of municipal taxes.

11. Provisions relating to driving or floating timber and to timber slide companies are repealed. These industries are obsolete.

The Mining Act is being amended to remove references to boring permits. These are covered under the Oil, Gas and Salt Resources Act. The Mining Act currently restricts the issuing of oil and gas exploration licences and production leases to specific geographic areas. The recast version redefines the area.

The changes to the Provincial Parks Act do the following things:

1. Change and update some of the terminology.

2. The enforcement powers of the various parks officials are set out in greater detail and clarified.

3. Maximum fines are being increased.

4. The aspects of prospecting and mining that are prohibited in parks is being set out in greater detail.

Amendments to the Public Lands Act introduce a land use planning process that involves the participation of stakeholders and creates a forum to resolve objections and to control activities that may be inconsistent with approved land use plans. Administrative processes are streamlined by removing the need for order in council approvals. The Crown's rights with respect to property left on public land are clarified. Authority is given to cancel duplicate letters patent. Provision is being made for the release of reservations in patents.

The authority to make regulations under the Surveys Act governing monumentation is being transferred to the Association of Ontario Land Surveyors under the Surveyors Act.

The Surveyors Act is also amended to change requirements dealing with the share structure of corporations seeking Certificates of Authorization to a requirement that 50 per cent of the members of the Board of Directors be members of the Association. The requirement that the Association submit an annual report is removed.

Several specified Acts are being repealed. The Forestry Workers Employment Act, the Settlers' Pulpwood Protection Act, the Spruce Pulpwood Exportation Act and The National Radio Observatory Act, 1962-63 are obsolete. Much of the Forest Tree Pest Control Act, the Trees Act and the Woodlands Improvement Act is incorporated into the Forestry Act.

SCHEDULE J

REPEAL OF THE POLICY AND PRIORITIES BOARD OF CABINET ACT

The Schedule repeals the Policy and Priorities Board of Cabinet Act.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.