[37] Bill 11 Royal Assent (PDF)
Bill 11
Bill 111999
An Act to reduce red tape, to promote
good government through better management
of Ministries and agencies and
to improve customer service by
amending or repealing certain Acts
and by enacting four new Acts
CONTENTS
1.
Enactment of Schedules
1.
diction des annexes
2.
Commencement
2.
Entre en vigueur
3.
Short title
3.
Titre abrg
Schedule A
Amendments and Repeals proposed by the Ministry of Agriculture, Food and Rural Affairs
Annexe A
Modifications et abrogations manant du ministre de l'Agriculture, de l'Alimentation et des Affaires rurales
Schedule B
Amendments proposed by the Ministry of the Attorney General
Annexe B
Modifications manant du ministre du Procureur gnral
Schedule C
Enforcement of Judgments Conventions Act, 1999
Annexe C
Loi de 1999 sur les conventions relatives l'excution des jugements
Schedule D
Settlement of International Investment Disputes Act, 1999
Annexe D
Loi de 1999 sur le rglement des diffrends internationaux relatifs aux investissements
Schedule E
Amendments proposed by the Ministry of Community and Social Services
Annexe E
Modifications manant du ministre des Services sociaux et communautaires
Schedule F
Amendments proposed by the Ministry of Consumer and Commercial Relations
Annexe F
Modifications manant du ministre de la Consommation et du Commerce
Schedule G
Licence Appeal Tribunal Act, 1999
Annexe G
Loi de 1999 sur le Tribunal d'appel en matire de permis
Schedule H
Amendments and Repeals proposed by the Ministry of Economic Development and Trade
Annexe H
Modifications et abrogations manant du ministre du Dveloppement conomique et du Commerce
Schedule I
Amendments proposed by the Ministry of Finance
Annexe I
Modifications manant du ministre des Finances
Schedule J
Amendments proposed by the Ministry of Health and Long-Term Care
Annexe J
Modifications manant du ministre de la Sant et des Soins de longue dure
Schedule K
Amendments proposed by Management Board Secretariat
Annexe K
Modifications manant du Secrtariat du Conseil de gestion
Schedule L
Ontario Lottery and Gaming Corporation Act, 1999
Annexe L
Loi de 1999 sur la Socit des loteries et des jeux de l'Ontario
Schedule M
Amendments proposed by the Ministry of Municipal Affairs and Housing
Annexe M
Modifications manant du ministre des Affaires municipales et du Logement
Schedule N
Amendments proposed by the Ministry of Natural Resources
Annexe N
Modifications manant du ministre des Richesses naturelles
Schedule O
Amendments proposed by the Ministry of Northern Development and Mines
Annexe O
Modifications manant du ministre du Dveloppement du Nord et des Mines
Schedule P
Amendments proposed by the Ministry of the Solicitor General
Annexe P
Modifications manant du ministre du Solliciteur gnral
Schedule Q
Amendments proposed by the Ministry of Training, Colleges and Universities
Annexe Q
Modifications manant du ministre de la Formation et des Collges et Universits
Schedule R
Amendments proposed by the Ministry of Transportation
Annexe R
Modifications manant du ministre des Transports
Schedule S
Miscellaneous Statute Corrections
Annexe S
Corrections diverses apportes une loi
_____________________________
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Enactment of Schedules
1.(1) All the Schedules to this Act, other than Schedules C, D, G and L are hereby enacted.
Schedule C
(2) The Enforcement of Judgments Conventions Act, 1999, as set out in Schedule C, is hereby enacted.
Schedule D
(3) The Settlement of International Investment Disputes Act, 1999, as set out in Schedule D, is hereby enacted.
Schedule G
(4) The Licence Appeal Tribunal Act, 1999, as set out in Schedule G, is hereby enacted.
Schedule L
(5) The Ontario Lottery and Gaming Corporation Act, 1999, as set out in Schedule L, is hereby enacted.
Commencement
2.(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.
Schedules
(2) The Schedules to this Act come into force as provided in the commencement section at or near the end of each Schedule.
Different dates for same Schedule
(3) If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.
Short title
3.The short title of this Act is the Red Tape Reduction Act, 1999.
SCHEDULE A
AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS
AgriCorp Act, 1996
1.(1) Subsection 6 (2) of the AgriCorp Act, 1996 is amended by striking out ``of the board" in the first and second lines.
(2) Section 6 of the Act is amended by adding the following subsections:
Members of committee
(3) A by-law establishing a committee may provide that the members of the committee may include persons who are not members of AgriCorp and may provide for the appointment of those persons to the committee, the term of their appointment and their remuneration.
Remuneration
(4) AgriCorp shall pay the remuneration of the persons mentioned in subsection (3) out of its general fund in amounts that comply with the policies of Management Board of Cabinet.
(3) Subsection 9 (1) of the Act is repealed and the following substituted:
No personal liability
(1) No action or other proceeding for damages may be instituted against any member of AgriCorp, employee appointed to the service of AgriCorp or member of a committee established under subsection 6 (1) for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.
(4) Section 10 of the Act is repealed and the following substituted:
Non-compellable witness
10. Except with the consent of AgriCorp, no member of AgriCorp or member of a committee established under subsection 6 (1) shall be required to give testimony in any proceedings with regard to information obtained in the discharge of the person's duties.
Agricultural Tile Drainage Installation Act
2.The definition of ``Tribunal" in section 1 of the Agricultural Tile Drainage Installation Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 8, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Animals for Research Act
3.The definition of ``Tribunal" in section 1 of the Animals for Research Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 9, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Artificial Insemination of Livestock Act
4.The Artificial Insemination of Livestock Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 10, is repealed.
Beef Cattle Marketing Act
5.The definition of ``Tribunal" in section 1 of the Beef Cattle Marketing Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 11, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Bees Act
6.Subsections 21 (3) and (4) of the Bees Act are repealed and the following substituted:
Expiry
(3) A certificate of registration issued after the day the Red Tape Reduction Act, 1999 receives Royal Assent expires on the date specified in the certificate.
Application for renewal
(4) An applicant for the renewal of a certificate of registration shall file the application with the Provincial Apiarist,
(a)within 60 days of receiving a renewal notice from the Provincial Apiarist; or
(b)at least 30 days before the certificate expires if the Provincial Apiarist has not sent a renewal notice to the applicant.
Crop Insurance Act (Ontario), 1996
7.(1) Section 1 of the Crop Insurance Act (Ontario), 1996 is amended by adding the following definition:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
(2) Section 10 of the Act is repealed and the following substituted:
Referral of disputes
10.(1) If AgriCorp and a person disagree whether the person qualifies for a contract of insurance, except if the disagreement relates to the time during which a person may apply for a contract of insurance or file a final acreage report or its equivalent, or if AgriCorp and an insured person fail to resolve a dispute arising out of the adjustment of a claim under a contract of insurance, either may appeal the matter in dispute to the Tribunal.
Notice of appeal
(2) To appeal a matter in dispute, the appellant shall file a written notice of appeal with the Tribunal and send a copy of the notice to the other party within the time specified by the regulations made under this Act.
Exclusive jurisdiction
(3) The Tribunal has exclusive jurisdiction to hear and determine all appeals arising under subsection (1).
Decision binding
(4) The decision of the Tribunal in an appeal is binding on the parties.
(3) Subsections 12 (3), (4), (5) and (6) of the Act are repealed.
(4) Subsection 13 (5) of the Act is repealed.
Dead Animal Disposal Act
8.The definition of ``Tribunal" in section 1 of the Dead Animal Disposal Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 16, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Drainage Act
9.(1) The definition of ``Tribunal" in section 1 of the Drainage Act is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
(2) The heading preceding section 98 of the Act is repealed and the following substituted:
Powers of Tribunal
(3) Subsections 98 (1), (2), (3) and (5) of the Act are repealed.
Edible Oil Products Act
10.The definition of ``Tribunal" in section 1 of the Edible Oil Products Act is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Farm Implements Act
11.(1) The definitions of ``Board", ``chair" and ``vice-chair" in section 1 of the Farm Implements Act are repealed.
(2) The definitions of ``Minister" and ``purchaser" in section 1 of the Act are repealed and the following substituted:
``Minister" means the Minister of Agriculture, Food and Rural Affairs; (``ministre")
``purchaser" means a person, an association of individuals or a partnership who purchases a farm implement and includes a lessee under a lease financing agreement. (``acheteur")
(3) Section 1 of the Act is amended by adding the following definitions:
``Director" means the Director appointed under this Act; (``directeur")
``regulations" means the regulations made under this Act; (``rglements")
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
(4) Section 4 of the Act is repealed and the following substituted:
Director
Director
4.(1) The Minister may appoint a Director who shall be responsible for the administration and enforcement of this Act and the regulations.
Powers and duties
(2) The Director shall exercise the powers and perform the duties that are conferred or imposed on the Director under this Act.
Representatives
(3) The Director may appoint public servants within the meaning of the Public Service Act as representatives of the Director, to whom the Director may delegate the powers and duties under this Act that the Director specifies.
Farm implement safety
(4) The Director is responsible for promoting compliance with,
(a)the prescribed safety standards for farm implement performance; and
(b)the prescribed requirements for dealers respecting safety information and instruction to be given to purchasers on the sale of new farm implements.
Powers
(5) The Director may,
(a)make the inquiries that are necessary for the Director to determine whether there is the compliance described in subsection (4);
(b)require the production of documents, records, reports or things that the Director considers necessary for making the inquiries described in clause (a);
(c)conduct research related to farm implement design, construction, performance and safety;
(d)develop and co-ordinate or approve educational programs respecting farm implement safety and may promote participation in such programs; and
(e)work with manufacturers to encourage standardization of the design and operation of controls of farm implements manufactured for sale in Ontario.
No obstruction
(6) No person shall obstruct the Director who is exercising powers under this Act.
Consultation
(7) The Minister may, in writing, designate organizations that the Director is required to consult in matters pertaining to the exercise of the Director's duties and responsibilities under this Act.
(5) Section 5 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 58, is repealed and the following substituted:
Dispute resolution
5.(1) On the request of a purchaser, dealer or distributor the Director may inquire into and attempt to resolve a dispute with respect to any matter arising from the application of this Act or the regulations.
Repair charges
(2) The Director may investigate claims and attempt to resolve disputes regarding the charges made by a dealer for the repair of a farm implement.
Mediator
(3) If a person makes a request to the Director for an inquiry under subsection (1) or an investigation under subsection (2), the Director may appoint a mediator to assist the parties to resolve the dispute.
Fees
(4) The Minister may establish and collect fees from the persons involved for the services of the Director under subsection (1) or (2).
Hearing
(5) If the parties to a dispute are unable to resolve it with the assistance of a mediator, any of the parties to the mediation may apply to the Tribunal for a hearing.
Decision
(6) The Tribunal shall decide the issue that is before it for a hearing and shall serve notice of the decision, together with written reasons, on the parties to the hearing in accordance with its rules of practice.
Appeal
(7) The notice shall inform the parties that any of them may appeal the decision of the Tribunal on a question of law to the Divisional Court of the Superior Court of Justice in accordance with its rules of practice within 15 days from the day on which the decision was served.
Orders
(8) Upon the hearing of an appeal under subsection (7), the Divisional Court may make any order that it considers proper or may refer the matter back to the Tribunal with the directions that it considers proper.
Costs
(9) The Divisional Court may make any order as to the costs of an appeal that it considers proper.
(6) Section 7 of the Act is repealed and the following substituted:
Refusal to register, revocation
7.(1) Subject to this section and section 8, the Director may refuse to grant or renew or may suspend or revoke a registration if the applicant or registrant, as the case may be, is in breach of a condition of the registration or a provision of this Act or the regulations, or would be if registered.
Hearing
(2) Before refusing to grant or renew a registration or suspending or revoking a registration, the Director shall conduct a hearing in accordance with the requirements of the Statutory Powers Procedure Act.
Parties
(3) The applicant or registrant, as the case may be, and the other persons whom the Director specifies are parties to the hearing.
(7) Subsections 8 (1), (2), (3), (4), (5), (6) and (7) of the Act are repealed and the following substituted:
Notice of decision
(1) Upon deciding to refuse to grant or renew a registration or deciding to suspend or revoke a registration, the Director shall serve notice of the decision, together with written reasons, on the applicant or registrant, as the case may be.
Appeal
(2) The notice shall inform the applicant or registrant, as the case may be, that the person may appeal from the decision to the Tribunal in accordance with its rules of practice within 15 days from the day on which the decision was served.
Certified copies
(3) On the request of any person desiring to appeal, the Director shall furnish the person with a certified copy of all proceedings, evidence, reports and papers received in evidence by the Director in dealing with and disposing of the application.
New hearing
(4) An appeal under this section shall be by way of a new hearing.
Orders
(5) Upon the hearing of an appeal under this section, the Tribunal may make any order that it considers proper or may refer the matter back to the Director with the directions that it considers proper.
Appeal
(6) Any party subject to an order of the Tribunal under subsection (5) may appeal the order on a question of law to the Divisional Court of the Superior Court of Justice.
Orders
(7) Upon the hearing of an appeal under subsection (6), the Divisional Court may make any order that it considers proper or may refer the matter back to the Tribunal with the directions that it considers proper.
Costs
(7.1) The Divisional Court may make any order as to the costs of an appeal that it considers proper.
Voluntary cancellation
(7.2) Despite subsection 7 (2) and this section, the Tribunal may cancel a registration on the request in writing of the registrant.
(8) Clause 8 (8) (b) of the Act is amended by striking out ``Board's" in the second line and substituting ``Director's".
(9) Section 8 of the Act is amended by adding the following subsection:
Transitional
(9) Despite anything in this section, an appeal that was commenced under this section, as it read immediately before the Red Tape Reduction Act, 1999 receives Royal Assent, shall continue before the Divisional Court and this section, as it read immediately before that Act receives Royal Assent, applies to the appeal.
(10) Section 17 of the Act is amended by adding the following subsection:
Lease financing
(3) A person who purchases a farm implement for the purpose of lease financing shall assign the warranties under this Act to the lessee of the farm implement.
(11) Subsection 22 (2) of the Act is amended by striking out ``Board" wherever it occurs and substituting in each case ``Director".
(12) Subsection 23 (2) of the Act is repealed and the following substituted:
Application
(2) Sections 24 to 30 apply to an agreement that is in effect on or after January 1, 1990.
(13) The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Director":
1.Section 30.
2.Clause 31 (1) (b).
3.Subsection 32 (1).
(14) Section 35 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 18, is further amended by striking out the portion before clause (a) and substituting the following:
Regulations
35.The Minister may make regulations,
. . . . .
(15) Clause 35 (e) of the Act is repealed.
(16) Clauses 35 (i) and (r) of the Act are amended by striking out ``Board" wherever it occurs and substituting in each case ``Director".
Farm Registration and Farm Organizations Funding Act, 1993
12.(1) The definitions of ``Minister" and ``Tribunal" in section 1 of the Farm Registration and Farm Organizations Funding Act, 1993 are repealed and the following substituted:
``Minister" means the Minister of Agriculture, Food and Rural Affairs, and ``Ministry" has a corresponding meaning; (``ministre", ``ministre")
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
(2) The heading preceding section 24 of the Act is repealed and the following substituted:
Procedure on Appeal
(3) Sections 24, 25 and 28 of the Act are repealed.
(4) Paragraph 14 of subsection 33 (1) of the Act is repealed.
(5) Section 34 of the Act is repealed.
Grains Act
13.The definition of ``Tribunal" in section 1 of the Grains Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 23, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Livestock and Livestock Products Act
14.The definition of ``Tribunal" in section 1 of the Livestock and Livestock Products Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 24, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Livestock Community Sales Act
15.The definition of ``Tribunal" in section 1 of the Livestock Community Sales Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 26, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Livestock Medicines Act
16.The definition of ``Tribunal" in section 1 of the Livestock Medicines Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 27, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Livestock, Poultry and Honey Bee Protection Act
17.The definition of ``Tribunal" in section 1 of the Livestock, Poultry and Honey Bee Protection Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 28, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Meat Inspection Act (Ontario)
18.The definition of ``Tribunal" in section 1 of the Meat Inspection Act (Ontario), as enacted by the Statutes of Ontario, 1994, chapter 27, section 29, is repealed and the following substituted:
``Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (``Tribunal")
Milk Act
19.Section 6.1 of the Milk Act, as re-enacted by the Statutes of Ontario, 1996, chapter 17, Schedule H, section 1, is repealed and the following substituted:
Regulations
6.1Subject to the Minister's approval, the Commission may make regulations amending plans for the control and regulation of the producing and marketing within Ontario, or any part of it, of milk, cream or cheese, or any combination of them, and constituting marketing boards to administer those plans.
Ministry of Agriculture and Food Act
20.(1) The title of the Ministry of Agriculture and Food Act is repealed and the following substituted:
Ministry of Agriculture, Food and Rural Affairs Act
(2) The definitions of ``Minister" and ``Ministry" in section 1 of the Act are repealed and the following substituted:
``Minister" means the Minister of Agriculture, Food and Rural Affairs; (``ministre")
``Ministry" means the Ministry of Agriculture, Food and Rural Affairs. (``ministre")
(3) Subsection 2 (1) of the Act is repealed and the following substituted:
Ministry continued
(1) The ministry of the public service formerly known as the Ministry of Agriculture and Food is continued under the name of the Ministry of Agriculture, Food and Rural Affairs in English and ministre de l'Agriculture, de l'Alimentation et des Affaires rurales in French.
(4) Clause 6 (1) (b) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 31, is repealed and the following substituted:
(b)a field-person appointed under the Milk Act or a member or an employee of the Agriculture, Food and Rural Affairs Appeal Tribunal or the Ontario Farm Products Marketing Commission,
. . . . .
(5) Section 10 of the Act is repealed.
(6) Subsection 14 (1) of the Act is repealed and the following substituted:
Tribunal continued
(1) The Farm Products Appeal Tribunal is continued under the name of the Agriculture, Food and Rural Affairs Appeal Tribunal in English and Tribunal d'appel de l'agriculture, de l'alimentation et des affaires rurales in French.
Members
(1.1) The Tribunal shall consist of not fewer than 10 persons appointed by the Lieutenant Governor in Council upon the recommendation of the Minister, of whom at least one shall be a barrister and solicitor entitled to practise in Ontario.
(7) Subsections 14 (3) and (4) of the Act are repealed and the following substituted:
Panels
(3) The chair, or if the chair is absent or unable to act, a vice-chair designated by the chair, may,
(a)subject to subsection (6.1), appoint panels composed of two or more members of the Tribunal to hear proceedings; and
(b)designate one member of the Tribunal to hear a motion or to conduct a pre-hearing conference or an informal hearing in a proceeding in accordance with the procedural rules of the Tribunal.
Presiding member
(4) The chair or vice-chair who appoints a panel shall designate one of the members of the panel to preside over the proceeding that the panel is assigned to hear.
(8) Subsections 14 (6), (7) and (8) of the Act are repealed and the following substituted:
Quorum
(6) Subject to subsection (6.1), two members of a panel appointed in accordance with clause (3) (a) constitute a quorum and are sufficient for the exercise of all jurisdiction and powers of the Tribunal.
Barrister and solicitor required
(6.1) Where a panel of the Tribunal hears proceedings under the Crop Insurance Act (Ontario), 1996 or the Drainage Act, one of the members of the panel and one of the members constituting a quorum of the panel shall be a barrister and solicitor entitled to practise in Ontario.
Simultaneous panels
(7) The Tribunal may sit in two or more panels simultaneously so long as a quorum is present in each panel.
Decisions
(8) The decision of the majority of the members of the Tribunal present and constituting a quorum is the decision of the Tribunal, but, if there is no majority, the decision of the member presiding governs.
Pounds Act
21.The French version of section 3 of the Pounds Act is repealed and the following substituted:
Animaux ne pas laisser divaguer
3.Nul ne doit laisser divaguer des bovins, des chvres, des chevaux, des moutons ou des porcs dans toute partie d'un district territorial qui n'est pas situe dans une municipalit.
Stock Yards Act
22.The Stock Yards Act is repealed.
Tile Drainage Act
23.Subsections 3 (3), (4), (5) and (6) of the Tile Drainage Act are repealed.
Commencement
Commencement
24.(1) Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
Same
(2) Section 4 comes into force on January 1, 2000.
SCHEDULE B
AMENDMENTS PROPOSED BY THE MINISTRY OF THE ATTORNEY GENERAL
Charities Accounting Act
1.(1) The Charities Accounting Act is amended by striking out ``Ontario Court (General Division)" wherever it occurs in the following provisions and substituting in each case ``Superior Court of Justice":
1.Subsection 2 (3).
2.Section 3.
3.Section 4.
(2) Clause 4 (f) of the Act is amended by striking out ``Ontario Court" in the fifth line and substituting ``Superior Court of Justice".
(3) Subsection 5 (2) of the Act is amended by striking out ``Ontario Court (General Division)" in the third line and substituting ``Superior Court of Justice".
(4) Section 5.1 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 25, section 2, is repealed and the following substituted:
Regulations
5.1 (1) The Attorney General, on the advice of the Public Guardian and Trustee, may make regulations,
(a)providing that acts or omissions that would otherwise require the approval of the Superior Court of Justice in the exercise of its inherent jurisdiction in charitable matters shall be treated, for all purposes, as though they had been so approved;
(b)requiring the making and keeping of records relating to charitable property and respecting the making, keeping, transfer and disposal of such records.
Limitation
(2) Regulations under clause (1) (a) may be made only in relation to,
(a)the giving of benefits from charitable property to,
(i)executors or trustees to whom subsection 1 (1) applies,
(ii)corporations deemed by subsection 1 (2) to be trustees within the meaning of this Act,
(iii)directors of corporations described in subclause (ii) or of persons described in subclause (i) who are corporations, or
(iv)persons who, because of their relationship or connection to a person, corporation or director described in subclause (i), (ii) or (iii), cannot be given such benefits without court approval; and
(b)the administration and management of charitable property that is held for restricted or special purposes.
Governing instrument
(3) Regulations made under clause (1) (a) do not apply to an act or omission that conflicts with the will or instrument referred to in subsection 1 (1) or with the instrument deemed by subsection 1 (2) to be an instrument in writing under this Act.
General or particular
(4) Regulations made under this section may be general or particular in their application and, without limiting the generality of the foregoing, may be subject to the conditions set out in the regulations.
Definition
(5)In this section,
``charitable property" means property that is within the inherent jurisdiction of the court in charitable matters.
(5) The Act is amended by striking out ``Ontario Court (General Division)" wherever it occurs in the following provisions and substituting in each case ``Superior Court of Justice":
1.Subsection 6 (2).
2.Subsection 8 (5).
3.Subsection 10 (1).
4.Subsection 13 (1), as enacted by the Statutes of Ontario, 1997, chapter 23, section 3.
5.Subsection 13 (3), as enacted by the Statutes of Ontario, 1997, chapter 23, section 3.
Commissioners for taking Affidavits Act
2.(1) Subsection 1 (2.1) of the Commissioners for Taking Affidavits Act, as enacted by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed and the following substituted:
City of Toronto
(2.1) The following are, by virtue of office, commissioners for taking affidavits in the City of Toronto:
1.The clerk, deputy clerk and treasurer of the city.
2.The administrative heads and deputy administrative heads of city departments responsible for building standards, welfare, assessment or planning, and the city's medical officer of health, but only for the purposes of the affairs of the city.
3.The head of council and the other members of council.
(2) Section 2 of the Act is repealed and the following substituted:
Courts
2.The following may take affidavits required to be taken in their respective areas:
1.Judges and local registrars of the Superior Court of Justice.
2.Clerks of the Family Court of the Superior Court of Justice.
3.Clerks of the Ontario Court of Justice, but only for documents in family proceedings.
Construction Lien Act
3.Subsection 62 (3) of the Construction Lien Act, as re-enacted by the Statutes of Ontario, 1996, chapter 25, section 4, is repealed.
Courts of Justice Act
4.(1) Subsection 89 (3.1) of the Courts of Justice Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 37, is amended by striking out ``Official Guardian" in the first and second lines and substituting ``Children's Lawyer".
(2) The French version of subsection 90 (1) of the Act is amended by striking out ``liquidateurs de dpens" in the third and fourth lines and substituting ``liquidateurs des dpens".
(3) Subsection 134 (2) of the Act is repealed and the following substituted:
Interim orders
(2) On motion, a court to which a motion for leave to appeal is made or to which an appeal is taken may make any interim order that is considered just to prevent prejudice to a party pending the appeal.
(4) Section 143.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 43, is repealed.
Courts of Justice Statute Law Amendment Act, 1994
5.Section 9 of the Courts of Justice Statute Law Amendment Act, 1994 is repealed.
Estates Act
6.The French version of the definition of ``administration" in section 1 of the Estates Act is amended by striking out ``qu'elles soient testamentaires ou non et qu'elles aient ou non t dlivres" in the third, fourth and fifth lines and substituting ``que l'administration soit testamentaire ou non et que ces lettres aient ou non t dlivres".
Evidence Act
7.(1) Subsections 34 (3) and (4) of the Evidence Act are repealed.
(2) The Act is amended by adding the following section:
Definitions
34.1(1)In this section,
``data" means representations, in any form, of information or concepts; (``donnes")
``electronic record" means data that is recorded or stored on any medium in or by a computer system or other similar device, that can be read or perceived by a person or a computer system or other similar device, and includes a display, printout or other output of that data, other than a printout referred to in subsection (6); (``document lectronique")
``electronic records system" includes the computer system or other similar device by or in which data is recorded or stored, and any procedures related to the recording and storage of electronic records. (``systme d'archivage lectronique")
Application
(2) This section does not modify any common law or statutory rule relating to the admissibility of records, except the rules relating to authentication and best evidence.
Power of court
(3) A court may have regard to evidence adduced under this section in applying any common law or statutory rule relating to the admissibility of records.
Authentication
(4) The person seeking to introduce an electronic record has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic record is what the person claims it to be.
Application of best evidence rule
(5) Subject to subsection (6), where the best evidence rule is applicable in respect of an electronic record, it is satisfied on proof of the integrity of the electronic records system by or in which the data was recorded or stored.
What constitutes record
(6) An electronic record in the form of a printout that has been manifestly or consistently acted on, relied upon, or used as the record of the information recorded or stored on the printout, is the record for the purposes of the best evidence rule.
Presumption of integrity
(7) In the absence of evidence to the contrary, the integrity of the electronic records system by or in which an electronic record is recorded or stored is proved for the purposes of subsection (5),
(a)by evidence that supports a finding that at all material times the computer system or other similar device was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic record, and there are no other reasonable grounds to doubt the integrity of the electronic records system;
(b)if it is established that the electronic record was recorded or stored by a party to the proceeding who is adverse in interest to the party seeking to introduce it; or
(c)if it is established that the electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceeding and who did not record or store it under the control of the party seeking to introduce the record.
Standards
(8) For the purpose of determining under any rule of law whether an electronic record is admissible, evidence may be presented in respect of any standard, procedure, usage or practice on how electronic records are to be recorded or stored, having regard to the type of business or endeavour that used, recorded or stored the electronic record and the nature and purpose of the electronic record.
Proof by affidavit
(9) The matters referred to in subsections (6), (7) and (8) may be established by an affidavit given to the best of the deponent's knowledge and belief.
Cross-examination
(10) A deponent of an affidavit referred to in subsection (9) that has been introduced in evidence may be cross-examined as of right by a party to the proceeding who is adverse in interest to the party who has introduced the affidavit or has caused the affidavit to be introduced.
Same
(11) Any party to the proceeding may, with leave of the court, cross-examine a person referred to in clause (7) (c).
Family Responsibility and Support Arrears Enforcement Act, 1996
8.Section 46 of the Family Responsibility and Support Arrears Enforcement Act, 1996 is repealed and the following substituted:
Definitions
46.(1) In this section,
``Corporation" means the Ontario Lottery Corporation; (``Socit")
``lottery" means a lottery scheme, as defined in section 1 of the Ontario Lottery Corporation Act, that is conducted by the Corporation in Ontario and involves the issuance and sale of tickets; (``loterie")
``prize" means a prize in a lottery. (``prix")
Deduction of arrears from prize
(2) If a payor who owes arrears under a support order that is filed in the Director's office is entitled to a single monetary prize of $1,000 or more from the Corporation, the Corporation shall,
(a)deduct from the prize the amount of the arrears or the amount of the prize, whichever is less;
(b)pay the amount deducted to the Director; and
(c)pay any balance to the payor.
Non-monetary prize
(3) If a payor who owes arrears under a support order that is filed in the Director's office is entitled to a non-monetary prize from the Corporation that the Corporation values at $1,000 or more, the Corporation shall promptly disclose to the Director,
(a)any identifying information about the payor from the Corporation's records, including his or her name and address; and
(b)a complete description of the prize.
Exchange of information
(4) For the purposes of subsections (2) and (3),
(a)the Director shall disclose to the Corporation any identifying information about payors from the Director's records, including their names and addresses and the status and particulars of their support obligations; and
(b)the Corporation shall disclose to the Director any identifying information about prize winners from its records, including their names and addresses.
Highway Traffic Act
9.(1) Section 210 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2 and 1998, chapter 38, section 6, is further amended by striking out ``certify the conviction to the Registrar" wherever it occurs in the following provisions and substituting in each case ``notify the Registrar of the conviction":
1.Subsection (1).
2.Subsection (2).
3.Subsection (4).
(2) Subsection 210 (5) of the Act is amended by striking out ``certify the order to the Registrar" at the end and substituting ``notify the Registrar of the order".
(3) Subsection 210 (6) of the Act is amended by striking out ``An order certified under subsection (5)" at the beginning and substituting ``A notice given under subsection (5)".
Interpretation Act
10.The English version of clause 28 (l) of the Interpretation Act is amended by striking out ``a reappointing" in the fourth line and substituting ``or reappointing".
Interprovincial Summonses Act
11.The definition of ``province" in section 1 of the Interprovincial Summonses Act is repealed and the following substituted:
``province" means a province of Canada and includes each of the territories of Canada. (``province")
Justices of the Peace Act
12.(1) Subsection 4 (3) of the Justices of the Peace Act is amended by striking out ``any justice of the peace" in the third line and substituting ``any other justice of the peace".
(2) The Act is amended by adding the following section:
Remuneration of justices of the peace
21.1 (1) Justices of the peace are entitled to receive the remuneration determined by the Lieutenant Governor in Council.
Commission
(2) The Lieutenant Governor in Council shall establish a commission to be known in English as the Justices of the Peace Remuneration Commission and in French as Commission de rmunration des juges de paix to make recommendations with respect to the remuneration of justices of the peace.
Regulations
(3) The Lieutenant Governor in Council may make regulations,
(a)respecting the Justices of the Peace Remuneration Commission;
(b)defining ``remuneration" for the purposes of this section;
(c)specifying the criteria to be used by the Justices of the Peace Remuneration Commission in developing recommendations;
(d)respecting the Lieutenant Governor in Council's consideration of and response to recommendations of the Justices of the Peace Remuneration Commission.
Professional Engineers Act
13.The French version of the definition of ``Minister" in section 1 of the Professional Engineers Act is amended by striking out ``Conseil des ministres" in the second line and substituting ``Conseil excutif".
Solicitors Act
14.Section 22 of the Solicitors Act is amended by adding the following subsection:
Exception, indemnification by solicitor's employer
(2) Subsection (1) does not prohibit a solicitor who is employed in a master-servant relationship from being indemnified by the employer for liabilities incurred by professional negligence in the course of the employment.
Statutes Act
15.The French version of section 2 of the Statutes Act is amended by striking out ``dcrte ce qui suit" at the end and substituting "dicte".
Statutory Powers Procedure Act
16.(1) The Statutory Powers Procedure Act is amended by adding the following section:
Interpretation
2.This Act, and any rule made by a tribunal under section 25.1, shall be liberally construed to secure the just, most expeditious and cost-effective determination of every proceeding on its merits.
(2) The Act is amended by adding the following section:
Panel of one
4.2.1 (1) The chair of a tribunal may decide that a proceeding be heard by a panel of one person and assign the person to hear the proceeding unless there is a statutory requirement in another Act that the proceeding be heard by a panel of more than one person.
Reduction in number of panel members
(2) Where there is a statutory requirement in another Act that a proceeding be heard by a panel of a specified number of persons, the chair of the tribunal may assign to the panel one person or any lesser number of persons than the number specified in the other Act if all parties to the proceeding consent.
(3) The Act is amended by adding the following sections:
Decision not to process commencement of proceeding
4.5(1) Subject to subsection (3), upon receiving documents relating to the commencement of a proceeding, a tribunal or its administrative staff may decide not to process the documents relating to the commencement of the proceeding if,
(a)the documents are incomplete;
(b)the documents are received after the time required for commencing the proceeding has elapsed;
(c)the fee required for commencing the proceeding is not paid; or
(d)there is some other technical defect in the commencement of the proceeding.
Notice
(2) A tribunal or its administrative staff shall give the party who commences a proceeding notice of its decision under subsection (1) and shall set out in the notice the reasons for the decision and the requirements for resuming the processing of the documents.
Rules under s. 25.1
(3) A tribunal or its administrative staff shall not make a decision under subsection (1) unless the tribunal has made rules under section 25.1 respecting the making of such decisions and those rules shall set out,
(a)any of the grounds referred to in subsection (1) upon which the tribunal or its administrative staff may decide not to process the documents relating to the commencement of a proceeding; and
(b)the requirements for the processing of the documents to be resumed.
Continuance of provisions in other statutes
(4) Despite section 32, nothing in this section shall prevent a tribunal or its administrative staff from deciding not to process documents relating to the commencement of a proceeding on grounds that differ from those referred to in subsection (1) or without complying with subsection (2) or (3) if the tribunal or its staff does so in accordance with the provisions of an Act that are in force on the day this section comes into force.
Dismissal of proceeding without hearing
4.6 (1) Subject to subsections (5) and (6), a tribunal may dismiss a proceeding without a hearing if,
(a)the proceeding is frivolous, vexatious or is commenced in bad faith;
(b)the proceeding relates to matters that are outside the jurisdiction of the tribunal; or
(c)some aspect of the statutory requirements for bringing the proceeding has not been met.
Notice
(2) Before dismissing a proceeding under this section, a tribunal shall give notice of its intention to dismiss the proceeding to,
(a)all parties to the proceeding if the proceeding is being dismissed for reasons referred to in clause (1) (b); or
(b)the party who commences the proceeding if the proceeding is being dismissed for any other reason.
Same
(3) The notice of intention to dismiss a proceeding shall set out the reasons for the dismissal and inform the parties of their right to make written submissions to the tribunal with respect to the dismissal within the time specified in the notice.
Right to make submissions
(4) A party who receives a notice under subsection (2) may make written submissions to the tribunal with respect to the dismissal within the time specified in the notice.
Dismissal
(5) A tribunal shall not dismiss a proceeding under this section until it has given notice under subsection (2) and considered any submissions made under subsection (4).
Rules
(6) A tribunal shall not dismiss a proceeding under this section unless it has made rules under section 25.1 respecting the early dismissal of proceedings and those rules shall include,
(a)any of the grounds referred to in subsection (1) upon which a proceeding may be dismissed;
(b)the right of the parties who are entitled to receive notice under subsection (2) to make submissions with respect to the dismissal; and
(c)the time within which the submissions must be made.
Continuance of provisions in other statutes
(7) Despite section 32, nothing in this section shall prevent a tribunal from dismissing a proceeding on grounds other than those referred to in subsection (1) or without complying with subsections (2) to (6) if the tribunal dismisses the proceeding in accordance with the provisions of an Act that are in force on the day this section comes into force.
Classifying proceedings
4.7 A tribunal may make rules under section 25.1 classifying the types of proceedings that come before it and setting guidelines as to the procedural steps or processes (such as preliminary motions, pre-hearing conferences, alternative dispute resolution mechanisms, expedited hearings) that apply to each type of proceeding and the circumstances in which other procedures may apply.
Alternative dispute resolution
4.8 (1) A tribunal may direct the parties to a proceeding to participate in an alternative dispute resolution mechanism for the purposes of resolving the proceeding or an issue arising in the proceeding if,
(a)it has made rules under section 25.1 respecting the use of alternative dispute resolution mechanisms; and
(b)all parties consent to participating in the alternative dispute resolution mechanism.
Definition
(2)In this section,
``alternative dispute resolution mechanism" includes mediation, conciliation, negotiation or any other means of facilitating the resolution of issues in dispute.
Rules
(3) A rule under section 25.1 respecting the use of alternative dispute resolution mechanisms shall include procedural guidelines to deal with the following:
1.The circumstances in which a settlement achieved by means of an alternative dispute resolution mechanism must be reviewed and approved by the tribunal.
2.Any requirement, statutory or otherwise, that there be an order by the tribunal.
Mandatory alternative dispute resolution
(4) A rule under subsection (3) may provide that participation in an alternative dispute resolution mechanism is mandatory or that it is mandatory in certain specified circumstances.
Person appointed to mediate, etc.
(5) A rule under subsection (3) may provide that a person appointed to mediate, conciliate, negotiate or help resolve a matter by means of an alternative dispute resolution mechanism be a member of the tribunal or a person independent of the tribunal. However, a member of the tribunal who is so appointed with respect to a matter in a proceeding shall not subsequently hear the matter if it comes before the tribunal unless the parties consent.
Continuance of provisions in other statutes
(6) Despite section 32, nothing in this section shall prevent a tribunal from directing parties to a proceeding to participate in an alternative dispute resolution mechanism even though the requirements of subsections (1) to (5) have not been met if the tribunal does so in accordance with the provisions of an Act that are in force on the day this section comes into force.
Mediators, etc., not compellable
4.9 (1) No person employed as a mediator, conciliator or negotiator or otherwise appointed to facilitate the resolution of a matter before a tribunal by means of an alternative dispute resolution mechanism shall be compelled to give testimony or produce documents in a proceeding before the tribunal or in a civil proceeding with respect to matters that come to his or her knowledge in the course of exercising his or her duties under this or any other Act.
Evidence in civil proceedings
(2) No notes or records kept by a mediator, conciliator or negotiator or by any other person appointed to facilitate the resolution of a matter before a tribunal by means of an alternative dispute resolution mechanism under this or any other Act are admissible in a civil proceeding.
(4) Subsection 5.1 (2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
Exception
(2) The tribunal shall not hold a written hearing if a party satisfies the tribunal that there is good reason for not doing so.
Same
(2.1) Subsection (2) does not apply if the only purpose of the hearing is to deal with procedural matters.
(5) Clause 6 (4) (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 56, is repealed and the following substituted:
(b)a statement that the hearing shall not be held as a written hearing if the party satisfies the tribunal that there is good reason for not holding a written hearing (in which case the tribunal is required to hold it as an electronic or oral hearing) and an indication of the procedure to be followed for that purpose.
(6) The Act is amended by adding the following section:
Time frames
16.2 A tribunal shall establish guidelines setting out the usual time frame for completing proceedings that come before the tribunal and for completing the procedural steps within those proceedings.
(7) The Act is amended by adding the following section:
Costs
17.1 (1) Subject to subsection (2), a tribunal may, in the circumstances set out in a rule made under section 25.1, order a party to pay all or part of another party's costs in a proceeding.
Exception
(2) A tribunal shall not make an order to pay costs under this section unless,
(a)the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has acted in bad faith; and
(b)the tribunal has made rules under section 25.1 with respect to the ordering of costs which include the circumstances in which costs may be ordered and the amount of the costs or the manner in which the amount of the costs is to be determined.
Amount of costs
(3) The amount of the costs ordered under this section shall be determined in accordance with the rules made under section 25.1.
Continuance of provisions in other statutes
(4) Despite section 32, nothing in this section shall prevent a tribunal from ordering a party to pay all or part of another party's costs in a proceeding in circumstances other than those set out in, and without complying with, subsections (1) to (3) if the tribunal makes the order in accordance with the provisions of an Act that are in force on the day this section comes into force.
(8) The Act is amended by adding the following section:
Control of process
25.0.1 A tribunal has the power to determine its own procedures and practices and may for that purpose,
(a)make orders with respect to the procedures and practices that apply in any particular proceeding; and
(b)establish rules under section 25.1.
(9) The Act is amended by adding the following sections:
Rules, etc., available to public
27.A tribunal shall make any rules or guidelines established under this or any other Act available for examination by the public.
Substantial compliance
28.Substantial compliance with requirements respecting the content of forms, notices or documents under this Act or any rule made under this or any other Act is sufficient.
Succession Law Reform Act
17.Subsection 72 (1) of the Succession Law Reform Act is amended by striking out ``and" at the end of clause (f) and by adding the following clause:
(f.1)any amount payable on the death of the deceased under a policy of group insurance; and
. . . . .
Wages Act
18.Section 7 of the Wages Act is amended by adding the following subsection:
Disability payments included
(1.1) For the purposes of this section, payments from an insurance or indemnity scheme that are intended to replace income lost because of disability shall be deemed to be wages, whether the scheme is administered by the employer or another person.
Warehouse Receipts Act
19.The French version of section 1 of the Warehouse Receipts Act is amended by adding the following definition:
«entreposeur» Personne qui reoit des objets pour entreposage ou moyennant rmunration. («storer»)
Commencement
Commencement
20.(1) This Schedule, except for subsections 4 (1), (2) and (4), sections 6, 7 and 10, subsection 12 (1) and sections 13, 15, 16 and 19, comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
Same
(2) Subsection 4 (2), sections 6 and 10, subsection 12 (1) and sections 13, 15 and 19 shall be deemed to have come into force on December 31, 1991.
Same
(3) Subsection 4 (1) shall be deemed to have come into force on April 3, 1995.
Same
(4) Subsections 4 (4), 7 (1) and (2) and section 16 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE C
ENFORCEMENT OF JUDGMENTS CONVENTIONS ACT, 1999
Definition
1. In this Act, "
convention" means a convention existing with a country designated by regulation and to which this Act gives force of law.
Designation of jurisdiction and court
2. The Attorney General shall,
(a)request that the Government of Canada designate Ontario as a territorial unit to which a convention extends;
(b)determine the courts in Ontario to which application for registration of a judgment rendered by a court of a country with which a convention has been concluded may be made, and request the Government of Canada to designate those courts for the purpose of the convention.
Convention in force and given force of law
3. From the date a convention enters into force in respect of Ontario as determined by the convention, the convention is in force in Ontario and its provisions are law in Ontario.
Prevalence of this Act
4. Where there is a conflict between this Act and any other Act on recognition and enforcement of foreign judgments, this Act prevails.
Regulations
5. The Lieutenant Governor in Council may make regulations to,
(a)specify when a new convention comes into force in Ontario (in which case the text of the convention shall be set out in the regulation);
(b)specify the courts to which application for registration of a judgment rendered by a court of a country with which a convention has been concluded may be made;
(c)state the arrangements that may be completed in application of a convention;
(d)prescribe the proceedings necessary for recovery of support;
(e)designate the competent authority to certify copies of judgments to be enforced abroad;
(f)designate the countries with which a convention has been concluded;
(g)otherwise carry out the intent and purpose of this Act.
Commencement
6. This Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
Short title
7. The short title of the Act set out in this Schedule is the Enforcement of Judgments Conventions Act, 1999.
SCHEDULE D
SETTLEMENT OF INTERNATIONAL
INVESTMENT DISPUTES ACT, 1999
Definitions
1.(1)In this Act, "
award" means an award rendered by the Arbitral Tribunal, established by Article 37 of the Convention, and includes an interpretation, revision or annulment of the award under the Convention; ("sentence") "
Convention" means the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature in Washington on March 18, 1965. ("Convention")
Meaning of words and expressions
(2)Unless the context otherwise requires, all words and expressions used in this Act have the same meaning as in the Convention.
Interpretation
2.(1)This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in light of its object and purpose.
Inconsistency
(2)In the event of any inconsistency between this Act and any other Act of the Legislature of Ontario, this Act prevails to the extent of the inconsistency.
Purpose of Act
3.The purpose of this Act is to implement the provisions of the Convention concerning the jurisdiction and powers of the Superior Court of Justice with respect to the recognition and enforcement of awards.
Scope of Act
4.This Act applies in respect of agreements recording consent to arbitration or conciliation proceedings entered into under the Convention, and awards rendered, including those entered into or rendered, as the case may be, before the coming into force of this Act.
Crown bound
5.(1)This Act binds the Crown in right of Ontario.
Exception
(2)Subsection(1)does not apply to Crown agencies.
Enforceability of awards
6.On production to the Superior Court of Justice of a certified copy of an award it shall be registered in that court, and when registered it has the same effect, and all proceedings may be taken to enforce it, as if it were a final judgment obtained in that court.
Enforceability against Crown
7.An award is enforceable against the Crown in right of Ontario in the same manner and to the same extent as a judgment is enforceable against the Crown in right of Ontario.
Remedies
8.An award is final and binding and is not subject to appeal, review, setting aside or any other remedy except as provided in the Convention.
Stay of enforcement proceeding
9.If a proceeding in relation to enforcement of an award has already been commenced in Ontario when enforcement of the award is stayed under the Convention, the Superior Court of Justice shall stay the proceeding on the motion of a party to the arbitration.
Interim measures
10.Unless the parties have so stipulated in their agreement recording their consent to arbitration proceedings, a party may not request a court or an administrative tribunal to order interim measures, before the institution of the proceedings or during the proceedings, for the preservation of the party's rights and interests.
Conciliation
11.Except as the parties otherwise agree, neither party to conciliation proceedings is entitled in any other proceedings, whether before a court of law, an administrative tribunal or arbitrators or otherwise, to use,
(a)any views expressed or statements, admissions or offers of settlement made by the other party in the conciliation proceedings; or
(b)the report or any recommendations made by the Conciliation Commission.
Regulations
12.The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including,
(a)prescribing the terms and conditions under which the Crown in right of Ontario may enter into an agreement recording consent to arbitration proceedings under the Convention;
(b)exempting any person or class of persons from the application of an enactment or any of its provisions, on such conditions as may be specified in the regulations, to permit them to act in a professional capacity in an arbitration or conciliation proceeding.
Application of Convention
13.(1)The Convention applies in Ontario on the day on which it enters into force for Canada in accordance with paragraph 2 of Article 68 of the Convention.
Regulation
(2)The Lieutenant Governor in Council may make a regulation to state when the Convention applies in Ontario (in which case the text of the Convention shall be set out in the regulation).
Commencement
14.This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
15.The short title of the Act set out in this Schedule is the Settlement of International Investment Disputes Act, 1999.
SCHEDULE E
AMENDMENTS PROPOSED BY THE
MINISTRY OF COMMUNITY AND SOCIAL SERVICES
1.(1)Subsection (2) applies only if subsection 24 (1) of the Child and Family Services Amendment Act (Child Welfare Reform), 1999 has not been proclaimed in force on the day subsection (2) comes into force.
(2)The French version of clause 74 (3) (a) of the Child and Family Services Act is amended by striking out "peut subir" in the fourth line and substituting "subira vraisemblablement".
(3) The French version of paragraph 3 of subsection 167 (6) of the Act is repealed and the following substituted:
3.Si la personne adopte en fait la demande, un extrait des renseignements figurant dans l'enregistrement initial de sa naissance conserv par le registraire gnral de l'tat civil au sens de la Loi sur les statistiques de l'tat civil.
(4)The French version of subsection 167 (7) of the Act is amended by striking out "du certificat de naissance original" in the fifth line and substituting "de l'enregistrement initial de la naissance".
2.Section 2.2 of the Day Nurseries Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule C, section 2, is amended by adding the following subsection:
Contracting authority, municipality
(6.1)The council of a municipality may enter into an agreement with a delivery agent under subsection (6) and, if it does so, the municipality has all of the powers and duties of the delivery agent that relate to the subject-matter of the agreement.
3.Section 11 of the District Social Services Administration Boards Act, as amended by the Statutes of Ontario, 1997, chapter 25, Schedule C, section 1, is further amended by adding the following clause:
(h)providing for the dissolution of a board and for the disposition of its assets and liabilities.
4.Section 45 of the Ontario Works Act, 1997 is amended by adding the following subsection:
Contracting authority, municipality
(2)The council of a municipality may enter into an agreement with a delivery agent under subsection (1) and, if it does so, the municipality has all of the powers and duties of the delivery agent that relate to the subject-matter of the agreement.
Commencement
5.This Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
SCHEDULE F
AMENDMENTS PROPOSED BY THE
MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS
CONTENTS
Sections
Articles
Business Corporations Act
1-9
Loi sur les socits par actions
1-9
Collection Agencies Act
10
Loi sur les agences de recouvrement
10
Consumer Protection Act
11-20
Loi sur la protection du consommateur
11-20
Corporations Act
21, 22
Loi sur les personnes morales
21, 22
Corporations Information Act
23
Loi sur les renseignements exigs des personnes morales
23
Elevating Devices Act
24
Loi sur les ascenseurs et appareils de levage
24
Extra-Provincial Corporations Act
25, 26
Loi sur les personnes morales extraprovinciales
25, 26
Land Titles Act
27, 28
Loi sur l'enregistrement des droits immobiliers
27, 28
Liquor Licence Act
29
Loi sur les permis d'alcool
29
Marriage Act
30-32
Loi sur le mariage
30-32
Prepaid Services Act
33
Loi sur les services prpays
33
Registry Act
34-39
Loi sur l'enregistrement des actes
34-39
Safety and Consumer Statutes Administration Act, 1996
40, 41
Loi de 1996 sur l'application de certaines lois traitant de scurit et de services aux consommateurs
40, 41
Upholstered and Stuffed Articles Act
42
Loi sur les articles rembourrs
42
Vital Statistics Act
43, 44
Loi sur les statistiques de l'tat civil
43, 44
Commencement
45
Entre en vigueur
45
Business Corporations Act
1.Subsection 1(1)of the Business Corporations Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is further amended by adding the following definitions: "
electronic signature" means an identifying mark or process that is,
(a)created or communicated using telephonic or electronic means,
(b)attached to or associated with a document or other information, and
(c)made or adopted by a person to associate the person with the document or other information, as the case may be. ("signature lectronique") "
telephonic or electronic means" means telephone calls or messages, facsimile messages, electronic mail, transmission of data or information through automated touch-tone telephone systems, transmission of data or information through computer networks, any other similar means or any other prescribed means. ("voie tlphonique ou lectronique")
2.Subsection 5 (2) of the Act is repealed and the following substituted:
Director's consent
(2) If the articles name as first director an individual who is not an incorporator, the corporation shall keep, at its registered office address, the individual's consent, in the prescribed form, to act as a first director.
Inspection of consent
(2.1) Upon request and without charge, the corporation shall permit a director, shareholder or creditor to inspect a consent mentioned in subsection (2) during the normal business hours of the corporation and to make a copy.
3.Section 20 of the Act is repealed and the following substituted:
Financial assistance by corporation
20.(1)A corporation may give financial assistance to any person for any purpose by means of a loan, guarantee or otherwise.
Disclosure
(2) Subject to subsection (3), a corporation shall disclose to its shareholders all material financial assistance that the corporation gives to,
(a)a shareholder, a beneficial owner of a share, a director, an officer or an employee of,
(i)the corporation,
(ii)an affiliate of the corporation, or
(iii)an associate of any of the persons mentioned in subclause (i) or (ii); or
(b)any person for the purpose of, or in connection with, a purchase of a share, or a security convertible into or exchangeable for a share, issued or to be issued by the corporation or affiliated corporation.
Exception
(3) A corporation is not required to disclose to its shareholders any material financial assistance that it gives,
(a)to a person in the ordinary course of business, if the lending of money is part of the ordinary business of the corporation;
(b)to a person on account of expenditures incurred or to be incurred on behalf of the corporation;
(c)to its holding body corporate if the corporation is a wholly owned subsidiary of the holding body corporate; or
(d)to a subsidiary body corporate of the corporation.
Extent of disclosure
(4) The disclosure that a corporation is required to make under subsection (2) in respect of financial assistance shall include,
(a)a brief description of the financial assistance, including the nature and extent of the financial assistance given;
(b)the terms on which the financial assistance was given; and
(c)the amount of the financial assistance initially given and the amount, if any, outstanding.
Time of disclosure
(5) A corporation that is not an offering corporation shall make the disclosure by giving a notice to all shareholders within 90 days after giving the financial assistance.
Same, offering corporations
(6) Unless it makes the disclosure otherwise, a corporation that is an offering corporation shall make the disclosure,
(a)in each management information circular that the corporation is required to send to its shareholders in respect of each meeting held after it gives the financial assistance; or
(b)if the corporation does not send a management information circular to the shareholders before any meeting held after it gives the financial assistance, in a financial statement that the directors place before the shareholders at an annual meeting pursuant to subsection 154(1)with respect to,
(i)each case in which financial assistance is given during the most recent financial year to which the financial statement relates, and
(ii)each case of financial assistance previously given that remains outstanding at the end of the most recent financial year to which the financial statement relates.
Validity of contract
(7) A contract made by a corporation in contravention of this section may be enforced by the corporation or by a lender.
4.Section 93 of the Act is amended by adding the following subsection:
Meeting by electronic means
(2) A meeting held under subsection 94 (2) shall be deemed to be held at the place where the registered office of the corporation is located.
5.Section 94 of the Act is amended by adding the following subsection:
Meeting by electronic means
(2) Where permitted by the articles or the by-laws, a meeting of the shareholders may be held by telephonic or electronic means and a shareholder who, through those means, votes at the meeting or establishes a communications link to the meeting shall be deemed for the purposes of this Act to be present at the meeting.
6.The definitions of "form of proxy" and "proxy" in section 109 of the Act are repealed and the following substituted: "
form of proxy" means a form that is in written or printed format or a format generated by telephonic or electronic means and that becomes a proxy when completed and signed in writing or electronic signature by or on behalf of a shareholder; ("formule de procuration") "
proxy" means a completed and signed form of proxy by means of which a shareholder has appointed a proxyholder to attend and act on a shareholder's behalf at a meeting of shareholders. ("procuration")
7.(1)Subsection 110 (2) of the Act is repealed and the following substituted:
Signature
(2) Subject to subsection (4.2), a proxy must be signed,
(a)in writing or by electronic signature by the shareholder or an attorney who is authorized by a document that is signed in writing or by electronic signature; or
(b)if the shareholder is a body corporate, by an officer or attorney of the body corporate duly authorized.
Expiry
(2.1) A proxy appointing a proxyholder to attend and act at a meeting or meetings of shareholders of an offering corporation ceases to be valid one year from its date.
(2) Subsection 110 (4) of the Act is repealed and the following substituted:
Revocation
(4) A shareholder may revoke a proxy,
(a)by depositing an instrument in writing that complies with subsection (4.1) and that is signed by the shareholder or by an attorney who is authorized by a document that is signed in writing or by electronic signature;
(b)by transmitting, by telephonic or electronic means, a revocation that complies with subsection (4.1) and that, subject to subsection (4.2), is signed by electronic signature; or
(c)in any other manner permitted by law.
Time of revocation
(4.1) The instrument or the revocation must be received,
(a)at the registered office of the corporation at any time up to and including the last business day preceding the day of the meeting, or any adjournment of it, at which the proxy is to be used; or
(b)by the chair of the meeting on the day of the meeting or an adjournment of it.
Electronic signature
(4.2) A shareholder or an attorney may sign, by electronic signature, a proxy, a revocation of proxy or a power of attorney authorizing the creation of either of them if the means of electronic signature permits a reliable determination that the document was created or communicated by or on behalf of the shareholder or the attorney, as the case may be.
8.Subsection 119 (9) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 71, is repealed and the following substituted:
Consent required
(9) Subject to subsection (10), the election or appointment of a director under this Act is not effective unless the person elected or appointed consents in writing before or within 10 days after the date of the election or appointment.
Later consent
(10) If the person elected or appointed consents in writing after the time period mentioned in subsection (9), the election or appointment is valid.
Exception
(11) Subsection (9) does not apply to a director who is re-elected or re-appointed where there is no break in the director's term of office.
9.Subsection 241 (5) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 26, is repealed and the following substituted:
Revival
(5) Where a corporation is dissolved under subsection (4) or any predecessor of it, the Director on the application of any interested person, may, in his or her discretion, on the terms and conditions that the Director sees fit to impose, revive the corporation; upon revival, the corporation, subject to the terms and conditions imposed by the Director and to the rights, if any, acquired by any person during the period of dissolution, shall be deemed for all purposes to have never been dissolved.
Collection Agencies Act
10.Section 2 of the Collection Agencies Act is amended by adding "or" at the end of clause (f), by striking out "or" at the end of clause (g) and by repealing clause (h).
Consumer Protection Act
11.(1)The definition of "actually received" in section 1 of the Consumer Protection Act is repealed.
(2) The definition of "credit" in section 1 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 54, is repealed.
(3) The definitions of "official fee" and "variable credit" in section 1 of the Act are repealed.
(4) Section 1 of the Act, as amended by the Statutes of Ontario, 1997, chapter 35, section 1 and 1998, chapter 18, Schedule E, section 54, is further amended by adding the following definitions: "
advance" means value received by the borrower under a credit agreement as determined by the regulations; ("avance") "
APR" means the annual percentage rate in respect of a credit agreement or a lease that is determined in accordance with the regulations; ("TA") "
brokerage fee" means an amount that a borrower pays or agrees to pay to a credit broker in consideration of the broker's services in arranging or attempting to arrange a credit agreement, and includes an amount that the lender deducts from an advance and pays to the broker; ("frais de courtage") "
credit agreement" means an agreement under which a lender extends credit to a borrower and includes a loan of money, a credit sale and an agreement under which a loan of money or credit sale may occur in the future but does not include an agreement under which a lender extends credit on the security of a mortgage of real property or agreements of a type prescribed by the regulations; ("convention de crdit") "
credit broker" means a person who, for remuneration, matches potential borrowers with potential lenders; ("courtier en crdit") "
credit card" means a card or device under which a borrower can obtain advances under a credit agreement for open credit; ("carte de crdit") "
credit sale" means an agreement for the purchase of goods or services under which a vendor extends credit to a purchaser for the purchase; ("vente crdit") "
default charge" means a charge imposed on a borrower who does not make a payment as it comes due under a credit agreement or who does not comply with any other obligation under a credit agreement but does not include interest on an overdue payment; ("frais de dfaut") "
fixed credit" means credit under a credit agreement that is not for open credit; ("crdit fixe") "
floating rate" means a rate that bears a specified mathematical relationship to an index rate prescribed by the regulations; ("taux variable") "
lease" means an agreement for the lease of goods, other than an agreement for the lease of goods in connection with a residential tenancy agreement and "lessor" and "lessee" have a corresponding meaning; ("bail, bailleur, preneur") "
lease term" means the period during which the lessee is entitled to retain possession of the leased goods under a lease; ("dure du bail") "
open credit" means credit under a credit agreement that,
(a)anticipates multiple advances to be made as requested by the borrower in accordance with the agreement, and
(b)does not define the total amount to be advanced to the borrower under the agreement, although it may impose a credit limit; ("crdit en blanc") "
optional service" means a service that is provided to a borrower in connection with a credit agreement and that the borrower does not have to accept in order to enter into the agreement; ("service facultatif") "
residual obligation lease" means a lease under which the lessor may require the lessee at the end of the lease term to pay the lessor an amount based in whole or in part on the difference, if any, between,
(a)the lessor's reasonable estimate of the wholesale value of the leased goods at the end of the lease term, and
(b)the realizable value of the leased goods at the end of the lease term. ("bail obligation rsiduelle")
(5) The definition of "buyer" in section 1 of the Act is amended by adding "or a direct sales contract as defined in section 23.1" after "contract" in the third line.
(6) The definitions of "borrower", "cost of borrowing" and "lender" in section 1 of the Act are repealed and the following substituted: "
borrower" means the party to a credit agreement or prospective credit agreement who, respectively, receives or will receive credit from the other party but does not include a guarantor; ("emprunteur") "
cost of borrowing" means all amounts that a borrower is required to pay under or as a condition of entering into a credit agreement other than,
(a)a payment or repayment of a portion of the principal under the agreement as prescribed by the regulations, and
(b)charges prescribed by the regulations; ("cot d'emprunt") "
lender" means the party to a credit agreement or prospective credit agreement who, respectively, extends or will extend credit to the borrower and includes a credit card issuer. ("prteur")
12.Section 18 of the Act is repealed and the following substituted:
Application of Part
18.This Part applies to executory contracts for the sale of goods or services where the purchase price, excluding the cost of borrowing, exceeds a prescribed amount, but does not apply to executory contracts to which Part II.1 applies.
13.(1)Subsection 19(1)of the Act is amended by striking out the portion before clause (a) and substituting the following:
Form of executory contract
(1) Every executory contract, other than an executory contract under an agreement for open credit, shall be in writing and shall contain,
. . . . .
(2) Clause 19(1)(e) of the Act is repealed and the following substituted:
(e)where credit is extended, the statements that Part III requires the lender to deliver to the borrower in respect of the credit agreement and the statements that Part III.1 requires the lessor to deliver to the lessee in respect of the lease.
(3) Subsection 19 (3) of the Act is amended by,
(a)striking out "an allowance for a trade-in" in the third line and substituting "a trade-in allowance as defined in section 23.1"\; and
(b)striking out "des frais d'emprunt" in the eleventh line of the French version and substituting "du cot d'emprunt".
14.(1)Subsection 21(1)of the Act is amended by striking out "two" in the seventh line and substituting "10".
(2) The English version of section 21 of the Act is amended by striking out "rescind", "rescinds" and "rescission" wherever they appear, and substituting in each case "cancel", "cancels" and "cancellation", respectively.
(3) Subsection 21 (3) of the Act is amended by striking out "two-day" in the fourth line and substituting "10-day".
15.The Act is amended by adding the following Part:
PART II.1
DIRECT SALES CONTRACTS
Definitions
23.1In this Part, "
direct sales contract" means a contract between a buyer and a seller for goods or services where,
(a)the purchase price exceeds a prescribed amount, and
(b)the contract is negotiated or concluded in person at a place other than the seller's place of business or a market place, auction, trade fair, agricultural fair or exhibition; ("contrat de vente directe") "
trade-in allowance" means the greater of,
(a)the price or value of the buyer's goods as set out in a trade-in arrangement, and
(b)the market value of the buyer's goods when taken in trade under a trade-in arrangement; ("valeur de reprise") "
trade-in arrangement" means an agreement or arrangement, contained in a direct sales contract or forming the whole or part of a related agreement, under which the buyer sells or agrees to sell the buyer's own goods to the seller and the seller accepts the goods as all or part of the consideration under the contract. ("accord de reprise")
Contents of contract
23.2(1)A direct sales contract must contain the information required by the regulations.
Written copy
(2) A seller who enters into a direct sales contract with a buyer shall deliver to the buyer a written copy of the contract that contains the information required by the regulations.
Cancellation right
23.3(1)A buyer under a direct sales contract may, without any reason, cancel the contract at any time from the date of entering into the contract until 10 days after receiving the written copy of the contract mentioned in section 23.2.
Failure to meet requirements
(2) In addition to the right under subsection (1), a buyer under a direct sales contract may cancel the contract within one year of the date of entering into the contract if it does not contain all the information required by section 23.2.
Failure to supply
(3) In addition to the right under subsection (1), a buyer under a direct sales contract may cancel the contract within one year from the date of entering into the contract if the seller,
(a)does not deliver the goods required by the contract within 30 days of the delivery date specified in the contract or an amended delivery date agreed upon in writing by the buyer and the seller; or
(b)does not begin to provide the services required by the contract within 30 days of the commencement date specified in the contract or an amended commencement date agreed on in writing by the buyer and seller.
Forgiveness of failure
(4) If, after the period mentioned in subsection (3) has expired, the buyer accepts delivery of the goods or authorizes the services to begin, the buyer may not cancel the direct sales contract under subsection (3).
Notice of cancellation
23.4(1)To cancel a direct sales contract, a buyer shall give a notice of cancellation in accordance with this section.
Effective time
(2) The cancellation takes effect when the buyer gives the notice of cancellation.
No required form
(3) The notice of cancellation may be expressed in any way, as long as it indicates the intention of the buyer to cancel the direct sales contract.
Means of delivery
(4) The notice of cancellation may be given by any means, including personal service, registered mail, courier or telecopier or any other method by which the buyer can provide evidence of the date of cancelling the direct sales contract.
When given
(5) Where the notice is given other than by personal service the notice of cancellation shall be deemed to have been given when sent.
Address
(6) The buyer may send or deliver the notice of cancellation to the seller at the address set out in the direct sales contract or, if the buyer did not receive a copy of the contract or the address of the seller was not set out in the contract, the buyer may send or deliver the notice,
(a)to any address of the seller on record with the Government of Ontario or the Government of Canada;
(b)to an address of the seller known by the buyer; or
(c)to a salesperson of the seller at an address known by the buyer.
Effect of cancellation
23.5(1)A cancellation of a direct sales contract in accordance with this Part operates to cancel, as if they never existed,
(a)the contract;
(b)all sales related to the contract;
(c)all guarantees given in respect of money payable under the contract; and
(d)all security given by the buyer or a guarantor in respect of money payable under the contract.
Credit contract
(2) If the seller extends or arranges credit for the direct sales contract, the credit contract is conditional on the direct sales contract, whether or not the credit contract is part of it or attached to it.
Effect on credit contract
(3) If the direct sales contract is cancelled, the cancellation operates to cancel the credit contract as if it had never existed.
Obligations on cancellation
23.6(1)In this section, "
buyer's address" means the place specified in the direct sales contract as the buyer's address, or, if the address shown does not specifically identify the place by a municipal address, the place where the buyer actually resided at the time the direct sales contract was made.
Refund
(2) Within 15 days after the buyer cancels a direct sales contract, the seller shall,
(a)subject to the regulations, refund to the buyer all money paid by the buyer under the contract or a related sale or pre-existing contract; and
(b)return to the buyer's address,
(i)in a condition substantially the same as when they were delivered, all the goods that the buyer delivered under a trade-in arrangement, or
(ii)an amount equal to the trade-in allowance for the goods that the buyer delivered under a trade-in arrangement.
Repossession of goods
(3) Upon cancelling a direct sales contract, the buyer shall allow the seller or a person described in subsection (4) a reasonable opportunity to repossess, at the buyer's address, the goods that came into the buyer's possession under the contract or a related sale or pre-existing contract if the seller gives the buyer a written request and has complied with subsection (2).
Other person
(4) The buyer may allow the opportunity to a person authorized by the seller or a person specified in the direct sales contract as a person to whom the buyer may give a notice of cancellation.
Return of goods
(5) Instead of complying with subsection (3), the buyer may return the goods to the seller or a person described in subsection (4) and in that case the seller or the person, as the case may be, shall be deemed to have consented to the return of the goods.
Discharge of obligation
(6) Compliance with subsection (3) or (5) discharges the buyer from all obligations relating to the goods.
Reasonable care
(7) The buyer is under an obligation to take reasonable care of the goods delivered to the buyer under a direct sales contract or a related sale or pre-existing contract until the earliest of,
(a)compliance by the buyer with subsection (3);
(b)the date that the buyer returns the goods under subsection (5); and
(c)the expiration of 21 days from the date of giving the notice of cancellation, if the buyer returns the goods under subsection (5).
To whom obligation owed
(8) The buyer owes the obligation described in subsection (7) to the person entitled to possession of the goods at the time in question.
No further obligation
(9) Except as provided by this section, the buyer is under no obligation, whether arising by contract or otherwise, to take care of the goods.
Title to goods under trade-in arrangement
23.7If the buyer recovers an amount equal to the trade-in allowance under subsection 23.6 (2) and the title of the buyer to the goods delivered under the trade-in arrangement has not passed from the buyer, the title to the goods vests in the person entitled to the goods under the trade-in arrangement.
16.Sections 24, 25, 26, 27, 28 and 29 of the Act are repealed and the following substituted:
PART III
CREDIT AGREEMENTS
General
Application of Part
24.(1)This Part does not apply to a credit agreement unless,
(a)the borrower is an individual who has entered into the agreement other than in the course of carrying on a business; and
(b)the agreement has been,
(i)made by a lender in the course of carrying on a business, or
(ii)arranged by a credit broker.
Non-application
(2) This Part does not apply to a credit sale that,
(a)requires the purchaser to make payment in full for the goods under the sale in a single payment within a certain period after the vendor delivers a written invoice or statement of account to the purchaser;
(b)is unconditionally interest-free during the period for payment described in clause (a);
(c)does not provide for any non-interest charges;
(d)is unsecured apart from liens on the goods under the sale that may arise by operation of law; and
(e)the vendor cannot assign in the ordinary course of business other than as security.
Obligations of credit brokers
(3) If a credit broker arranges a credit agreement for a lender who does not enter into the agreement in the course of carrying on a business, the obligations that this Part imposes on the lender shall be deemed to be obligations of the credit broker and not the lender.
Transitional
(4) Sections 29.2, 29.4 and 29.5 do not apply to a credit agreement that the parties have entered into before section 16 of Schedule F to the Red Tape Reduction Act, 1999 comes into force and sections 24, 25 and 28, as they read immediately before that section comes into force, continue to apply to that agreement.
Agreement for credit card
25.(1)A person who applies for a credit card without signing an application form or who receives a credit card from a credit card issuer without applying for it shall be deemed to have entered into a credit agreement with the issuer with respect to the card on first using the card.
Liability
(2) A person described in subsection(1)is not liable to pay the lender any amount in respect of the credit card received in the circumstances described in that subsection until the person uses the card.
Consequence of non-disclosure
26.A borrower under a credit agreement is not liable to pay the lender as part of the cost of borrowing any amount in excess of the amounts specified in the statements that this Part requires the lender to deliver to the borrower in respect of the agreement.
Required insurance
27.(1)A borrower who is required under a credit agreement to purchase any insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the lender may reserve the right to disapprove, on reasonable grounds, an insurer selected by the borrower.
Disclosure by lender
(2) A lender who offers to provide or to arrange insurance required under a credit agreement shall at the same time clearly disclose to the borrower in writing that the borrower may purchase the insurance through an agent from an insurer of the borrower's choice.
Cancellation of optional services
28.(1)A borrower may cancel an optional service of a continuing nature provided by the lender on giving one month's notice or the shorter period of notice that is specified in the agreement under which the service is provided.
Liability of borrower
(2) A borrower who cancels an optional service in accordance with subsection(1)is not liable for charges relating to any portion of the service that has not been provided at the time of cancellation and is entitled to a refund of amounts already paid for those charges.
Deferral of payments
29.(1)If the lender under a credit agreement invites the borrower to defer making a payment that would otherwise be due under the agreement, the invitation must clearly disclose whether or not interest will accrue on the unpaid amount during the period of the deferral.
Waiver of interest
(2) If the invitation does not disclose whether or not interest will accrue on the unpaid amount during the period of the deferral, the lender shall be deemed to have waived the interest that would otherwise accrue during the period.
Default charges
29.1A lender is not entitled to impose on a borrower under a credit agreement default charges other than,
(a)reasonable charges in respect of legal costs that the lender incurs in collecting or attempting to collect a required payment by the borrower under the agreement;
(b)reasonable charges in respect of costs, including legal costs, that the lender incurs in realizing a security interest or protecting the subject matter of a security interest after default under the agreement; or
(c)reasonable charges reflecting the costs that the lender incurs because a required payment by the borrower under the agreement has been dishonoured.
Prepayment
29.2(1)A borrower is entitled to pay the full balance of outstanding principal under a credit agreement at any time without any prepayment charge or penalty.
Credit to borrower
(2) If a borrower prepays the full balance of outstanding principal under a credit agreement for fixed credit, the lender shall refund to the borrower or credit the borrower with the amount determined in accordance with the regulations that is a portion of the charges, other than charges on account of interest, that the borrower was required to pay under the agreement or that were added to the principal under the agreement.
Partial prepayment
(3) A borrower is entitled to prepay a portion of the balance of outstanding principal under a credit agreement for fixed credit on any scheduled date of the borrower's required payments under the agreement or once in any month without any prepayment charge or penalty.
No credit to borrower
(4) A borrower who makes a payment under subsection (3) is not entitled to a credit for the charges, other than charges on account of interest, that the borrower was required to pay under the agreement or that were added to the principal under the agreement.
Disclosure
Advertising
29.3(1)No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations include the information prescribed by the regulations.
Credit cards
(2) No credit card issuer shall make information about a credit card available, whether in writing, orally or in any other form, unless it contains the information about the credit card that is prescribed by the regulations.
Credit broker's statement
29.4If a credit broker takes an application from a borrower for a credit agreement and sends it to a lender who, in the course of carrying on a business, enters into the credit agreement with the borrower, the broker shall promptly deliver to the borrower a statement that,
(a)states the amount of the brokerage fee;
(b)indicates the effect that the brokerage fee will have on the APR under the agreement and the total amount, calculated in accordance with the regulations, of all payments that the borrower is required to make under the agreement, if applicable; and
(c)contains all the other information that the lender is required to disclose to the borrower in the initial disclosure statement.
Initial disclosure statement
29.5(1)Every lender shall deliver an initial disclosure statement for a credit agreement to the borrower before the earlier of,
(a)the time that the borrower enters into the agreement; and
(b)the time that the borrower makes any payment in connection with the agreement.
Form of statement
(2) The initial disclosure statement shall,
(a)be in writing or, if the borrower consents, in a form that allows the borrower to retain it; and
(b)express the information contained in it clearly, concisely and prominently.
Contents of statement, fixed credit
(3) The initial disclosure statement for a credit agreement for fixed credit shall state,
(a)the total, calculated in accordance with the regulations, of the value that the borrower will receive under the agreement;
(b)the total amount, calculated in accordance with the regulations, of all payments that the borrower is required to make under the agreement;
(c)the term of the agreement and the amortization period if different from the term;
(d)the annual interest rate under the agreement and the particulars about the interest payable under the agreement that are prescribed by the regulations;
(e)the APR under the agreement if different from the annual interest rate;
(f)the particulars about the amount and timing of all payments under the agreement that are prescribed by the regulations; and
(g)all other information about the agreement that is prescribed by the regulations.
Contents of statement, open credit
(4) The initial disclosure statement for a credit agreement for open credit shall state,
(a)the credit limit under the agreement;
(b)the term of each period for which the lender is required to deliver a statement of account to the borrower under section 29.7;
(c)the minimum payment required under the agreement for the period or the method of calculating it;
(d)if the agreement is for a credit card and requires the borrower to pay the balance outstanding under the agreement in full on receiving each statement of account,
(i)the fact that the borrower has that obligation, and
(ii)the period after receiving a statement of account within which the borrower is required to pay the balance outstanding under the agreement in order to avoid being in default under the agreement;
(e)the interest rate under the agreement if it is fixed or the manner in which interest is calculated under the agreement if there is no fixed interest rate;
(f)the particulars about the interest payable under the agreement that are prescribed by the regulations;
(g)the APR under the agreement except in the case of a credit agreement for a credit card;
(h)if the agreement is for a credit card, the maximum liability of the borrower under the agreement in cases where the borrower has not authorized the use of the card; and
(i)all other information about the agreement that is prescribed by the regulations.
Brokerage fee
(5) If a credit broker arranges a credit agreement for the lender, the initial disclosure statement shall,
(a)state the amount of the brokerage fee that the borrower is required to pay if,
(i)the lender does not enter into the agreement in the course of carrying on a business, or
(ii)the lender enters into the agreement in the course of carrying on a business and the lender deducts the brokerage fee from advances payable under the agreement; and
(b)where the amount of the brokerage fee is required to be stated under clause (a), account for the brokerage fee in the APR under the agreement and the amount described in clause (3) (b), if applicable.
Adoption of other statement
(6) If a credit broker has delivered a statement to the borrower under section 29.4, the lender may adopt it as the initial disclosure statement that the lender is required to deliver under this section.
Subsequent disclosure: fixed credit
29.6(1)If the interest rate on a credit agreement for fixed credit is a floating rate, the lender shall, at least once every 12 months after entering into the agreement, deliver to the borrower a disclosure statement for the period covered by the statement stating,
(a)the annual interest rate at the beginning and end of the period;
(b)the balance of outstanding principal under the agreement at the beginning and end of the period;
(c)if the agreement contains a schedule of required payments by the borrower, the amount and timing of all remaining payments based on the annual interest rate at the end of the period covered by the statement; and
(d)all other information about the agreement that is prescribed by the regulations.
Increase in interest rate
(2) If the interest rate on a credit agreement for fixed credit is not a floating rate and the agreement allows the lender to change the interest rate, the lender shall, within 30 days after increasing the annual interest rate to a rate that is at least 1 per cent higher than the rate most recently disclosed to the borrower, deliver to the borrower a disclosure statement stating,
(a)the new annual interest rate;
(b)the date the new rate takes effect;
(c)the way in which the amount or timing of any payment will be affected by the change in the interest rate; and
(d)all other information about the agreement that is prescribed by the regulations.
Insufficient scheduled payments
(3) If the principal under a credit agreement for fixed credit increases as a result of default charges or the failure of the borrower to make payments under the agreement to the point that the amount of the borrower's scheduled payments under the agreement is no longer sufficient to cover accrued interest under the agreement, the lender shall give the borrower notice in writing to that effect within 30 days.
Amendments
(4) If information disclosed in a disclosure statement delivered under this section changes because of an amendment to a credit agreement, the lender shall deliver a supplementary disclosure statement to the borrower within 30 days after the amendment is made setting out the changed information, subject to subsection (5).
Exception
(5) If an amendment to a credit agreement consists only of a change in the schedule of required payments by the borrower, it is not necessary for the supplementary disclosure statement to disclose any change to the APR or any decrease in the total required payments by the borrower or the total cost of borrowing under the agreement.
Subsequent disclosure: open credit
29.7(1)Subject to subsection (2), the lender under a credit agreement for open credit shall deliver a statement of account to the borrower at least once monthly after entering into the agreement.
Exception
(2) The lender is not required to deliver a statement of account to the borrower if,
(a)during the period since the most recent statement of account, the borrower received no advances and made no payments under the agreement; and
(b)at the end of the period,
(i)the outstanding balance payable by the borrower under the agreement is zero, or
(ii)the borrower is in default under the agreement and the lender has notified the borrower that the lender has cancelled or suspended the right of the borrower to obtain advances under the agreement and has demanded payment of the outstanding balance payable by the borrower under the agreement.
Information about account
(3) The lender shall provide to the borrower a telephone number at which the borrower can make inquiries about the borrower's account during the lender's ordinary business hours without incurring any charges for the telephone call.
Contents of statement of account
(4) A statement of account for a credit agreement for open credit shall state, where applicable,
(a)the dates of the period since the most recent statement of account;
(b)the balance outstanding under the agreement at the beginning of the period;
(c)the amount, description and posting date of each transaction added to the balance outstanding under the agreement during the period;
(d)the amount and posting date of each payment or credit subtracted from the balance outstanding under the agreement during the period;
(e)the annual interest rate or rates in effect during the period;
(f)the amount of interest charged to the borrower during the period;
(g)the total amount of all advances and charges charged to the borrower during the period, including purchases made by the borrower and interest;
(h)the total amount of all payments made by the borrower during the period;
(i)the balance outstanding under the agreement at the end of the period;
(j)the credit limit of the borrower under the agreement;
(k)the minimum initial payment that the borrower is required to pay under the agreement for the period;
(l)the due date for the payment described in clause (k); and
(m)all other information about the period that is prescribed by the regulations.
Change in interest rate
(5) A lender under a credit agreement for open credit who changes the interest rate under the agreement shall notify the borrower of the change,
(a)in the next statement of account after the change, in the case of a credit agreement that is not for a credit card; and
(b)at least 30 days before the change, in the case of a credit agreement that is for a credit card where the interest rate is not a floating rate.
Other changes
(6) A lender under a credit agreement for open credit who, pursuant to the agreement, changes any of the matters mentioned in subsection 29.5 (4), other than the interest rate under the agreement, shall notify the borrower of the change,
(a)in the next statement of account after the change, if the change is not a material change as determined by the regulations; and
(b)at least 30 days before the change, if the change is a material change as determined by the regulations.
17.(1)The Act is amended by adding the following heading immediately preceding subsection 30 (1):
Assignment of Security for Credit
(2) Subsection 30(1)of the Act is amended by striking out "section 24" in the fifth line and substituting "section 29.5".
18.The Act is amended by adding the following Part:
PART III.1
LEASES
Application of Part
32.1This Part does not apply to a lease unless it is,
(a)a lease for a fixed term of four months or more;
(b)a lease for an indefinite term or that is renewed automatically until one of the parties takes positive steps to terminate it; or
(c)a residual obligation lease.
Advertising
32.2No lessor shall make representations or cause representations to be made about the cost of a lease of the lessor, whether orally, in writing or in any other form, unless the representations include the information prescribed by the regulations.
Initial disclosure statement
32.3(1)Every lessor shall deliver an initial disclosure statement for a lease to the lessee before the earlier of,
(a)the time that the lessee enters into the lease; and
(b)the time that the lessee makes any payment in connection with the lease.
Form of statement
(2) The initial disclosure statement shall,
(a)be in writing or in a form to which the lessee consents; and
(b)express the information contained in it clearly, concisely and prominently.
Contents of statement
(3) The initial disclosure statement for a lease shall contain,
(a)a statement that the transaction is a lease;
(b)a description of the leased goods and their value determined in accordance with the regulations;
(c)the lease term;
(d)the lessor's reasonable estimate of the wholesale value of the leased goods at the end of the lease term;
(e)the total amount, calculated in accordance with the regulations, of all payments that the lessee is required to make under the lease;
(f)the particulars about the amount and timing of all payments under the lease as is prescribed by the regulations;
(g)the APR under the lease; and
(h)all other information about the lease that is prescribed by the regulations.
Residual obligation lease
32.4The maximum liability of the lessee at the end of the term of a residual obligation lease after returning the leased goods to the lessor shall be the amount calculated in accordance with the regulations.
19.(1)The definition of "credit" in subsection 36(1)of the Act is repealed.
(2) Subsection 36 (2) of the Act is repealed.
(3) Subsection 36 (4) of the Act is amended by striking out "or of a credit card that has not been requested or accepted in accordance with subsection (2)" in the second, third and fourth lines.
20.(1)Section 40 of the Act, as amended by the Statutes of Ontario, 1997, chapter 35, section 1 and 1998, chapter 18, Schedule E, section 55, is further amended by adding the following clause:
(a)prescribing any matter mentioned in this Act as prescribed by the regulations.
(2) The French version of clause 40 (g) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 55, is amended by striking out "des frais d'emprunt" in the second and third lines and substituting "du cot d'emprunt".
(3) Clauses 40 (h), (i) and (j) of the Act are repealed and the following substituted:
(h)prescribing amounts for the purposes of section 18 and the definition of "direct sales contract" in section 23.1;
(i)governing what information must be contained in a direct sales contract and the written copy of a direct sales contract;
(j)prescribing the circumstances in which a seller is not required to refund all money paid by a buyer under clause 23.6 (2) (a) and prescribing limits on the amount of money a seller is not required to refund in those circumstances;
(j.1)respecting the form in which a person is authorized to make representations or to make information available under section 29.3 or 32.2 or the form in which a person is required to make a statement under Part III or III.1;
(j.2)prescribing the maximum liability of a borrower under a credit agreement for a credit card in cases where the borrower has not authorized the use of the card;
(j.3)limiting the amount of compensation that a lessor may charge the lessee for termination of the lease before the end of the lease term.
(4) Clause 40 (o) of the Act is repealed.
(5) Section 40 of the Act, as amended by the Statutes of Ontario, 1997, chapter 35, section 1, and 1998, chapter 18, Schedule E, section 55, is further amended by adding the following subsection:
Application of regulations
(2) A regulation may,
(a)be general or specific in nature;
(b)define classes of credit agreements or leases for the purpose of the regulations; and
(c)provide differently for different classes of credit agreements or leases.
Corporations Act
21.Subsections 131 (2) and (3) of the Corporations Act are repealed and the following substituted:
Authorization
(2) An application under subsection(1)shall be authorized by a special resolution.
22.(1)Subsection 313(1)of the Act is amended by inserting "other than an insurance company" after "Ontario" in the second line.
(2) Section 313 of the Act is amended by adding the following subsection:
Same, insurance company
(1.1) An insurance company incorporated under this Act may, if authorized by special resolution, by the Superintendent of Financial Services appointed under section 5 of the Financial Services Commission of Ontario Act, 1997 and by the laws of any other jurisdiction in Canada, apply to the proper officer of that other jurisdiction for an instrument of continuation continuing the insurance company as if it had been incorporated under the laws of that other jurisdiction.
(3) Subsection 313 (3) of the Act is repealed.
Corporations Information Act
23.Subsection 3.1 (2) of the Corporations Information Act, as set out in subsection 1 (2) of the Corporations Information Amendment Act, 1995, is repealed and the following substituted:
Exception
(2) Instead of delivering a return under subsection(1)to the Minister of Finance, a corporation may deliver the return to the Minister if the return is in electronic format.
Elevating Devices Act
24.The English version of subsection 10(1)of the Elevating Devices Act is amended by inserting "with" before "an order" in the sixth line.
Extra-Provincial Corporations Act
25.(1)Subsection 2(1)of the Extra-Provincial Corporations Act is amended by striking out Class 2 and substituting the following:
Class 2. Corporations incorporated or continued by or under the authority of an Act of the Parliament of Canada or of the legislature of a territory of Canada.
(2) Subsection 2 (2) of the Act is repealed and the following substituted:
Class 1
(2) Corporations incorporated under the laws of the Northwest Territories or of Nunavut but governed by the corporation laws of a province are corporations within Class 1.
26.Section 9 of the Act is repealed and the following substituted:
Use of other name
9.An extra-provincial corporation may, subject to its incorporating instrument, the Corporations Information Act and any other Act, use and identify itself in Ontario by a name other than its corporate name.
Land Titles Act
27.Section 75 of the Land Titles Act is repealed and the following substituted:
Amendment of register
75.Upon the application of the registered owner or the owner of a registered interest in the registered owner's title or a notice, caution, inhibition or restriction in the title that is registered under section 71, the land registrar may amend any entry in the register of the title to reflect the effect of other statutes, orders of a court, a change in the name of owner or other changes that have occurred in fact.
28.Subsection 165 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 86 and 1998, chapter 18, Schedule E, section 159, is further amended by striking out the portion before clause (a) and substituting the following:
Production of instruments and copies
(4) Upon receiving the required fee, if any, the land registrar shall, in the required manner,
. . . . .
Liquor Licence Act
29.The Liquor Licence Act is amended by adding the following section:
Definitions
20.1(1)In this section, "
caterer's endorsement" means an endorsement to a licence to sell liquor, made under the regulations, authorizing an applicant to sell and serve liquor for an event held on premises other than premises to which the licence applies; ("avenant relatif au traiteur") "
special occasion permit" means a permit issued under section 19. ("permis de circonstance")
Restriction
(2) The Board shall not grant a special occasion permit or a caterer's endorsement with respect to a premises if,
(a)the Board has refused an application for a licence to sell liquor on the premises on the ground described in clause 6 (2) (h) within the past two years;
(b)the Board has revoked or suspended the licence to sell liquor on the premises and the revocation or suspension is still in effect; or
(c)a disqualification under section 20 is in effect concerning the premises.
Saving
(3) Despite clause (2) (a), the Board may authorize the sale or service of liquor at a premises under a special occasion permit or a caterer's endorsement if it is satisfied that a significant change in circumstances has occurred since the time the Board refused to issue a licence on the basis of clause 6 (2) (h).
Marriage Act
30.Subsection 11 (5) of the Marriage Act is repealed.
31.Section 13 of the Act is amended by adding the following subsection:
Information disclosed
(3) The search shall not disclose any information other than whether or not a licence has been issued and, if so, the date of issue of the licence.
32.Subsection 28 (2) of the Act is repealed and the following substituted:
Record of marriage
(2) Every person who solemnizes a marriage shall, at the time of the marriage, if required by either of the parties, give a record of solemnization of the marriages specifying the names of the parties, the date of the marriage, the names of the witnesses, and whether the marriage was solemnized under the authority of a licence or publication of banns.
Prepaid Services Act
33.The definition of "customer" in section 1 of the Prepaid Services Act is repealed and the following substituted: "
customer" means an individual who enters into, or is discussing with an operator the prospect of entering into, a contract. ("client")
Registry Act
34.Subsection 15 (4) of the Registry Act, as amended by the Statutes of Ontario 1994, chapter 27, section 99 and 1998, chapter 18, Schedule E, section 214, is further amended by striking out the portion before clause (a) and substituting the following:
Production of instruments and copies
(4) Upon receiving the required fee, if any, the land registrar shall, in the required manner,
. . . . .
35.Subsection 18 (6) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 18, Schedule E, section 216, is further amended by adding the following paragraph:
18.Instruments of a class prescribed by the Minister.
36.Section 38 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 18, Schedule E, section 228, is further amended by adding the following subsection:
Supporting statement
(1.1) No judgment or order shall be registered unless it is supported by a solicitor's statement that it,
(a)is in full force and effect and has not been stayed; and
(b)affects the land mentioned in it.
37.Subclause 53 (1) (a) (iii) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 237, is repealed and the following substituted:
(iii)one of the following:
1.A statement that the testator died on or about a specified date, made by any person who has personal knowledge of that fact.
2.A death certificate under the Vital Statistics Act in respect of the death of the testator or a notarial copy of the certificate.
3.A certificate in respect of the death of the testator issued by a funeral director who has provided funeral services in respect of the death or a notarial copy of the certificate.
38.(1)Subsection 67(1)of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "de la mainleve" in the second line of the French version and substituting "d'un acte qui se prsente comme tant une mainleve valide" and by adding the following clause:
(g)a certificate under subsection 3 (3) of the Housing Development Act.
(2) Subsections 67 (2) and (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, are repealed and the following substituted:
Deletion after two years
(2) After the expiry of the two-year period mentioned in subsection (1), the land registrar may,
(a)delete from the abstract index, in the manner that the Director specifies, the entry of any instrument to which subsection(1)applies; or
(b)make an entry in the abstract index, in the manner that the Director specifies, indicating that the entry of any instrument to which subsection(1)applies is deleted.
Restriction
(3) Despite subsection (2), the land registrar shall not take any action described in that subsection with respect to the entry of an instrument in the abstract index for a lot or part of a lot unless all the lot or part is free of claims under the instrument by virtue of the operation of subsection (1).
Deletion at any time
(4) The land registrar may,
(a)delete from the abstract index, in the manner that the Director specifies, the entry of a notice of the granting of a pension registered under section 13 of The Old Age Pensions Act, being chapter 258 of the Revised Statutes of Ontario, 1950, or any predecessor of that section; or
(b)make an entry in the abstract index, in the manner that the Director specifies, indicating that the entry of any instrument described in clause (a) is deleted.
Early deletion
(5) If the land registrar is satisfied that an instrument purporting to be a discharge of an instrument mentioned in subsection(1)validly discharges the land described in the discharging instrument from any claim arising under the instrument being discharged or under any other instrument relating exclusively to the instrument being discharged, the land registrar may, before the expiry of the two-year period mentioned in that subsection,
(a)delete from the abstract index, in the manner that the Director specifies, the entry of the instrument being discharged and all other instruments relating exclusively to that instrument; or
(b)make an entry in the abstract index, in the manner that the Director specifies, indicating that the entry of the instrument being discharged and all other instruments relating exclusively to that instrument is deleted.
Effect of deletion
(6) If the land registrar complies with subsection (2) or (5), the land described in the discharging instrument is not affected by any claim under the instrument being discharged.
39.(1)Clause 76 (2) (a) of the Act is repealed and the following substituted:
(a)make, date and certify the necessary entries, alterations or corrections in the manner that the Director specifies, unless the Director authorizes the land registrar not to make them; and
. . . . .
(2) Clause 76 (2) (b) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 250, is repealed and the following substituted:
(b)notify all persons who may be adversely affected by the necessary entries, alterations or corrections.
Safety and Consumer Statutes Administration Act, 1996
40.The French version of subsection 4(1)of the Safety and Consumer Statutes Administration Act, 1996 is amended by striking out "tant qu'il n'a pas conclu d'accord d'application avec lui" in the third and fourth lines and substituting "tant que le ministre et l'organisme n'ont pas conclu d'accord d'application".
41.Subsection 13 (3) of the Act is repealed and the following substituted:
Tabling
(3) The Minister shall,
(a)submit the report to the Lieutenant Governor in Council;
(b)lay the report before the Assembly if it is in session; and
(c)deposit the report with the Clerk of the Assembly if the Assembly is not in session.
Disclosure by administrative authority
(4) The board of a designated administrative authority may give a copy of its report under subsection(1)to other persons before the Minister complies with subsection (3).
Upholstered and Stuffed Articles Act
42.The English version of section 8 of the Upholstered and Stuffed Articles Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 101, is repealed and the following substituted:
Inspection
8.An inspector who has reasonable and probable grounds to believe that any person is acting as a manufacturer or renovator while unregistered may at any reasonable time enter upon the person's business premises to make an inspection for the purpose of determining whether or not the person is in contravention of section 4.
Vital Statistics Act
43.Subsection 6 (3) of the Vital Statistics Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 102, is amended by striking out "employed in the Office of the Registrar General" in the second and third lines.
44.Section 31 of the Act is amended by adding the following subsections:
Sealing original birth registration
(2.1) Upon receipt of evidence satisfactory to the Registrar General that the province or territory of Canada or foreign state in which the name of a person has been changed has treated the application for the change of name as confidential in accordance with subsection (2.3), the Registrar General may withdraw the original registration of the person's birth in Ontario, seal it in a separate file and replace the registration with a registration of birth in the name as changed.
Sealing original marriage registration
(2.2) Upon receipt of evidence satisfactory to the Registrar General that both parties to a marriage registered in Ontario have changed their name in a province or territory of Canada or foreign state that has treated the application for the change of name as confidential in accordance with subsection (2.3), the Registrar General may, upon the request of both parties, withdraw the original registration of the marriage in Ontario, seal it in a separate file and replace the registration with a registration of marriage in the names of the parties as changed.
Confidential application
(2.3) Subsections (2.1) and (2.2) apply to an application for a change of name if the province or territory of Canada or foreign state in which the name of the person has been changed,
(a)has sealed the application in a separate file;
(b)has not published notice of the change of name or given notice of it to any person; and
(c)has not entered the change of name in any record open to the public.
Commencement
Commencement
45.(1)Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
Same
(2) Sections 1 to 9, 11 to 23, 26, 30, 31 and 32 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE G
LICENCE APPEAL TRIBUNAL ACT, 1999
Definition
1.In this Act,
``Tribunal" means the Licence Appeal Tribunal.
Tribunal established
2.(1)There is hereby established a tribunal to be known in English as the Licence Appeal Tribunal and in French as Tribunal d'appel en matire de permis.
Members
(2)The Tribunal shall consist of not fewer than three members.
Appointment
(3)The Lieutenant Governor in Council shall appoint the members and designate the term of their appointment.
Remuneration and expenses
(4)Each member of the Tribunal, other than a full-time member, shall receive the remuneration that the Lieutenant Governor in Council determines and reimbursement for the member's reasonable and necessary expenses incurred in attending meetings and in transacting the business of the Tribunal.
Duties and powers
3.(1)The Tribunal shall hold the hearings and perform the other duties that are assigned to it by or under any Act or regulation.
Powers
(2)Except as limited by this Act, the Tribunal has all the powers that are necessary or expedient for carrying out its duties.
Quorum
4.(1)One member of the Tribunal constitutes a quorum and may exercise all the powers of the Tribunal.
Chair and vice-chair
(2)The Lieutenant Governor in Council shall designate one of the members as chair and may designate one or more other members as vice-chairs of the Tribunal.
Duties of chair
(3)The chair shall have general supervision and direction over the conduct of the affairs of the Tribunal and, subject to subsection (4), shall arrange the sittings of the Tribunal and assign members to panels to conduct hearings as circumstances require, except that no more than three members may sit on a panel.
Composition of panel
(4)The panel that conducts a hearing shall include a member of the Tribunal who is a legally qualified medical practitioner if the hearing involves,
(a)an appeal of a suspension of a driver's licence under section 50 of the Highway Traffic Act\; and
(b)the appeal involves the medical condition or fitness to drive of the holder of the licence.
Chair of panel
(5)The chair shall appoint a chair for each panel from the members sitting on the panel.
Resolving deadlock
(6)If a panel of the Tribunal consists of two members and they do not agree on a decision, the decision of the chair of the panel shall be the decision of the panel.
Member to complete hearing
(7)If the term of office of a member of the Tribunal sitting for a hearing expires during the hearing, the member remains a member of the Tribunal for the purpose of completing the hearing.
No personal liability
5.No action or other proceeding for damages shall be instituted against any member of the Tribunal or anyone appointed to the service of the Tribunal for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.
Rules of Tribunal
6.(1)The Tribunal may make rules establishing procedures for hearings held by the Tribunal and the rights of parties to the hearings including,
(a)rules requiring that, despite any other Act, parties shall submit disagreements to mechanisms of alternate dispute resolution that are set out in the rules before they are entitled to a hearing before the Tribunal on the subject matter of the disagreement; and
(b)rules applicable if a member of the Tribunal conducting a hearing is unable to continue to conduct the hearing because of illness or other reason.
Continuation of hearing
(2)A rule made under clause (1) (b) may provide for the continuation or termination of the hearing, with or without the consent of the parties, or the commencement of a fresh hearing by a panel differently composed if the initial hearing is terminated.
Recording of evidence
(3)The Tribunal may make rules providing that the oral evidence given before the Tribunal at a hearing may be recorded if a party to the hearing so requests and pays the fee established by the Tribunal for that purpose.
Special application
(4)A rule made under this section may be general or specific in its application and may apply differently to different hearings.
Not regulations
(5)A rule made under this section shall not be deemed to be a regulation within the meaning of the Regulations Act.
Conflict
(6)A rule made under this section does not prevail over any provision of this or any other Act, or a regulation made under this or any other Act, that sets out requirements for procedures for hearings held by the Tribunal or rights of parties to the hearings.
Extension of time
7.Despite any limitation of time fixed by or under any Act for the giving of any notice requiring a hearing by the Tribunal or an appeal from a decision or order of the Tribunal under section 11 or any other Act, if the Tribunal is satisfied that there are reasonable grounds for applying for the extension and for granting relief, it may,
(a)extend the time for giving the notice either before or after the expiration of the limitation of time so limited; and
(b)give the directions that it considers proper as a result of extending the time.
Frivolous or vexatious application
8.If, on the application of a party to a hearing before the Tribunal with notice to the other parties, the Tribunal is satisfied that the application for the hearing is frivolous or vexatious, the Tribunal may refuse to grant the hearing or may terminate the hearing at any time and make an order of costs as it considers appropriate in the circumstances.
Fees and charges
9.Subject to the approval of the Minister responsible for the administration of this Act, the Tribunal may establish fees or other charges to be paid by parties to hearings before the Tribunal.
Service of decisions and orders
10.The Tribunal shall send each party to a hearing before it, or the party's counsel or agent, a copy of its final decision or order, including the reasons, if any, that it has given for it, by,
(a)regular mail;
(b)electronic transmission of a facsimile; or
(c)such other method that the Tribunal specifies in its rules.
Appeal
11.A party to a proceeding before the Tribunal relating to a matter under any of the following Acts may appeal from its decision or order to the Divisional Court in accordance with the rules of court:
Bailiffs Act
Building Code Act, 1992
Business Practices Act
Cemeteries Act (Revised)
Collection Agencies Act
Consumer Protection Act
Consumer Reporting Act
Discriminatory Business Practices Act
Funeral Directors and Establishments Act
Loan Brokers Act, 1994
Mortgage Brokers Act
Motor Vehicle Dealers Act
Ontario New Home Warranties Plan Act
Paperback and Periodical Distributors Act
Real Estate and Business Brokers Act
Travel Industry Act
Upholstered and Stuffed Articles Act
Regulations
12.(1)The Lieutenant Governor in Council may make regulations prescribing rules of practice and procedure for proceedings before the Tribunal with respect to appeals to the Tribunal under the Highway Traffic Act.
Scope of regulations
(2)The prescribed rules may be of general or particular application.
Conflict
(3)If the prescribed rules conflict with the Statutory Powers Procedure Act or any other Act or rules made under that Act or any other Act, the prescribed rules prevail.
COMPLEMENTARY AMENDMENTS
Bailiffs Act
13.(1)The definition of ``Tribunal" in section 1 of the Bailiffs Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Section 11 of the Act is repealed and the following substituted:
Appeal
11.Even if a bailiff appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Business Practices Act
14.(1)The definition of ``Tribunal" in section 1 of the Business Practices Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Section 8 of the Act is repealed and the following substituted:
Appeal
8.Even if, under section 11 of the Licence Appeal Tribunal Act, 1999, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under section 6 or 7, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Cemeteries Act (Revised)
15.(1)The definition of ``Tribunal" in section 1 of the Cemeteries Act (Revised) is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Section 84 of the Act is repealed and the following substituted:
Appeal
84.Even if a licensee appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Child and Family Services Act
16.(1)Subsection 3 (1) of the Child and Family Services Act, as amended by the Statutes of Ontario, 1999, chapter 2, section 2, is further amended by adding the following definition:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 142 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Right to hearing
(3)Where a Director gives notice under clause (2) (b), the licensee and the person with whom placement is proposed are entitled to a hearing before the Board.
Application of other sections
(3.1)Sections 197, 199, 201 and 202 of Part IX (Licensing) apply to the hearing with necessary modifications and for that purpose references to the Tribunal shall be deemed to be references to the Board.
Extension of time
(3.2)If the Board is satisfied that there are reasonable grounds for the licensee or the person with whom placement is proposed to apply for an extension of the time fixed for requiring the hearing and for the Board to grant relief, it may,
(a)extend the time either before or after the expiration of the time; and
(b)give the directions that it considers proper as a result of extending the time.
Recording of evidence
(3.3)The evidence taken before the Board at the hearing shall be recorded.
(3)Subsection 142 (6) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Right to hearing
(6)Where a Director imposes a term or condition on an approval under subsection (5), the licensee and the person with whom placement is proposed are entitled to a hearing before the Board.
Application of other sections
(7)Sections 198, 199, 201 and 202 of Part IX (Licensing) apply to the hearing with necessary modifications and for that purpose references to the Tribunal shall be deemed to be references to the Board.
(4)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.The heading preceding section 197.
2.Subsections 197 (2) and (4).
3.Subsections 198 (1) and (2).
(5)Despite subsection (4), members of the Child and Family Services Review Board immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before that subsection comes into force.
(6)Subsection 199 (1) of the Act is repealed.
(7)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.Clause 199 (2) (b).
2.Subsections 201 (1), (2), (3) and (4).
(8)Subsection 201 (6) of the Act is repealed.
(9)Subsections 201 (7) and (8) of the Act are amended by striking out ``Board" wherever it occurs and substituting in each case ``Tribunal".
(10)Subsection 202 (1) of the Act is amended by striking out ``Board's" in the second line and substituting ``Tribunal's".
(11)Subsection 202 (2) of the Act is amended by striking out ``Board" in the second line and substituting ``Tribunal".
Collection Agencies Act
17.(1)The definition of ``Tribunal" in subsection 1 (1) of the Collection Agencies Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 8 (9) of the Act is repealed and the following substituted:
Appeal
(9)Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Condominium Act
18.(1)Subsections (2) to (5) apply only if section 184 of the Condominium Act, 1998 has not come into force.
(2)Subsection 57 (6) of the Condominium Act is amended by striking out ``The Commercial Registration Appeal Tribunal" in the third and the fourth lines and substituting ``the Licence Appeal Tribunal".
(3)Subsection 57 (7) of the Act is amended by striking out ``The Commercial Registration Appeal Tribunal" in the first and second lines and substituting ``the Licence Appeal Tribunal".
(4)Subsection 57 (10) of the Act is amended by striking out ``The Commercial Registration Appeal Tribunal" in the third and fourth lines and substituting ``the Licence Appeal Tribunal".
(5)Subsection 57 (11) of the Act is amended by striking out ``The Commercial Registration Appeal Tribunal" in the first and second lines and substituting ``the Licence Appeal Tribunal".
Consumer Protection Act
19.(1)The definition of ``Tribunal" in section 1 of the Consumer Protection Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 38 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 35, section 1, is repealed and the following substituted:
Appeal
(10)Even if the person named in an order made under this section appeals it under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Consumer Reporting Act
20.(1)The definition of ``Tribunal" in subsection 1 (1) of the Consumer Reporting Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 6 (9) of the Act is repealed and the following substituted:
Appeal
(9)Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Day Nurseries Act
21.(1)The definition of ``Board" in subsection 1 (1) of the Day Nurseries Act is repealed.
(2)Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule C, section 1, is further amended by adding the following definition:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(3)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.Subsections 13 (2), (3), (4) and (5).
2.Clause 13 (6) (b).
3.Subsections 14 (1) and (2).
(4)Despite subsection (3), members of the Child and Family Services Review Board immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before that subsection comes into force.
Discriminatory Business Practices Act
22.(1)The definition of ``Tribunal" in section 1 of the Discriminatory Business Practices Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 6 (4) of the Act is repealed and the following substituted:
Appeal
(4)Even if, under section 11 of the Licence Appeal Tribunal Act, 1999, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under this section, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Funeral Directors and Establishments Act
23.(1)The definition of ``Tribunal" in section 1 of the Funeral Directors and Establishments Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Section 25 of the Act is repealed and the following substituted:
Appeal
25.Even if a licensee appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Highway Traffic Act
24.(1)The definition of ``Board" in subsection 1 (1) of the Highway Traffic Act is repealed.
(2)Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 138, is further amended by adding the following definition:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(3)Section 49 of the Act, as amended by the Statutes of Ontario, 1996, chapter 20, section 9, is repealed and the following substituted:
Proceedings before Tribunal
49.Subsections 210 (7), (8), (11) and (13) apply with necessary modifications to proceedings before the Tribunal with respect to appeals to the Tribunal under this Act.
(4)Despite subsection (3), members of the Licence Suspension Appeal Board immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before that subsection comes into force.
(5)Subsection 50 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 9, is further amended by striking out ``Licence Suspension Appeal Board" at the end and substituting ``Tribunal".
(6)Subsection 50 (2) of the Act is amended by striking out ``Board" in the first line and substituting ``Tribunal".
(7)Subsection 50 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Appeal to judge
(3)Every person aggrieved by a decision of the Tribunal may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Superior Court of Justice.
(8)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.Subsection 50 (4).
2.Subsection 50.1 (1), as enacted by the Statutes of Ontario, 1996, chapter 20, section 10.
3.Subsection 50.1 (2), as enacted by the Statutes of Ontario, 1996, chapter 20, section 10 and amended by 1997, chapter 12, section 4.
4.Subsections 50.1 (3), (4), (5) and (6), as enacted by the Statutes of Ontario, 1996, chapter 20, section 10.
(9)Subsection 50.1 (7) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 10, is amended by striking out ``Board's" in the fourth line and substituting ``Tribunal's".
(10)Subsections 50.1 (8) and (9) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 10, are amended by striking out ``Board" wherever it occurs and substituting in each case ``Tribunal".
(11)Subsection 50.1 (10) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 10, is repealed.
(12)Subsections 50.2 (1), (3), (5), (6), (7) and (8) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 5, are amended by striking out ``Board" wherever it occurs and substituting in each case ``Tribunal".
(13)Subsection 50.2 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 5, is repealed.
(14)Subsections 50.3 (1), (3), (5), (6), (7), (8) and (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 6, are amended by striking out ``Board" wherever it occurs and substituting in each case ``Tribunal".
(15)Subsection 50.3 (12) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 6, is repealed.
(16)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.Clause 55.1 (28) (h), as enacted by the Statutes of Ontario, 1997, chapter 12, section 8.
2.Subsections 94 (1) and (2).
3.Subsections 95 (2), (3), (4) and (5).
4.Clause 95 (6) (b).
5.Subsections 96 (1), (4), (5), (6), (7), (8) and (9).
(17)Subsection 96 (10) of the Act is amended by striking out ``Board" and ``Board's" wherever those expressions occur and substituting in each case ``Tribunal" and ``Tribunal's", as the case may be.
(18)Subsection 96 (12) of the Act is amended by striking out ``Board" wherever it occurs and substituting in each case ``Tribunal".
Intercountry Adoption Act, 1998
25.(1)Subsection 1 (1) of the Intercountry Adoption Act, 1998 is amended by adding the following definition:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 5 (6) of the Act is repealed and the following substituted:
Right to hearing
(6)When a Director gives notice of a refusal or of an approval subject to conditions, the person is entitled to a hearing before the Board.
Application of other sections
(7)Sections 11, 13, 15 and 16 (hearing, appeal) apply to the hearing with necessary modifications and for that purpose references to the Tribunal shall be deemed to be references to the Board.
(3)Subsection 6 (4) of the Act is repealed and the following substituted:
Right to hearing
(4)When a Director gives notice of a refusal or of an approval subject to conditions, the Ontario resident is entitled to a hearing before the Board.
Application of other sections
(5)Sections 11, 13, 15 and 16 (hearing, appeal) apply to the hearing with necessary modifications and for that purpose references to the Tribunal shall be deemed to be references to the Board.
(4)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.Subsections 11 (2), (4) and (5).
2.Subsections 12 (1) and (2).
(5)Despite subsection (4), members of the Child and Family Services Review Board immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before that subsection comes into force.
(6)Subsection 13 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Extension of time
(1)The Board may extend the time fixed for requesting a hearing under subsection 5 (6) or 6 (4), either before or after its expiration, if,
. . . . .
(7)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.Clause 13 (3) (b).
2.Subsections 15 (1), (2), (3) and (4).
(8)Subsection 15 (6) of the Act is repealed and the following substituted:
Recording of evidence
(6)The evidence taken before the Board at a hearing under subsection 5 (6) or 6 (4) shall be recorded.
(9)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.Subsections 15 (7), (8) and (9).
2.Subsections 16 (1) and (2).
Loan Brokers Act, 1994
26.(1)The definition of ``Tribunal" in section 1 of the Loan Brokers Act, 1994, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 176, is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 11.2 (6) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 177, is repealed and the following substituted:
Appeal
(6)Even if the person named in the order of the Tribunal appeals it under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Ministry of Consumer and Commercial Relations Act
27.(1)The definition of ``Tribunal" in section 1 of the Ministry of Consumer and Commercial Relations Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Section 7 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 90, is repealed.
(3)Despite subsection (2), members of The Commercial Registration Appeal Tribunal immediately before that subsection comes into force shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of that Tribunal with respect to proceedings before The Commercial Registration Appeal Tribunal that were commenced before that subsection comes into force.
(4)Sections 8, 9, 10, 11 and 14 of the Act are repealed.
Mortgage Brokers Act
28.Despite subsection 173 (5) of the Financial Services Commission of Ontario Act, 1997, the Licence Appeal Tribunal shall conduct, and decide issues raised in, proceedings under the Mortgage Brokers Act that were before The Commercial Registration Appeal Tribunal immediately before this section comes into force.
Motor Vehicle Dealers Act
29.(1)The definition of ``Tribunal" in section 1 of the Motor Vehicle Dealers Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 7 (9) of the Act is repealed and the following substituted:
Appeal
(9)Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Ontario New Home Warranties Plan Act
30.(1)The definition of ``Tribunal" in section 1 of the Ontario New Home Warranties Plan Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 9 (9) of the Act is repealed and the following substituted:
Appeal
(9)Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Paperback and Periodical Distributors Act
31.(1)The definition of ``Tribunal" in subsection 1 (1) of the Paperback and Periodical Distributors Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 5 (8) of the Act is repealed and the following substituted:
Appeal
(8)Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
(3)Subsection 6 (4) of the Act is amended by striking out ``and section 11 of the Ministry of Consumer and Commercial Relations Act does not apply" at the end.
Private Vocational Schools Act
32.(1)The definition of ``Board" in section 1 of the Private Vocational Schools Act is repealed.
(2)Section 1 of the Act is amended by adding the following definition:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(3)Section 3 of the Act is repealed.
(4)The Act is amended by striking out ``Board" wherever it occurs in the following provisions and substituting in each case ``Tribunal":
1.Subsection 5 (2).
2.Subsections 7 (2), (3), (4), (5), (6) and (7).
3.Clause 7 (9) (b).
(5)Section 8 of the Act is repealed.
(6)Subsections 11 (1), (3), (4) and (5) of the Act are amended by striking out ``Board" wherever it occurs and substituting in each case ``Tribunal".
(7)Clause 19 (1) (f) of the Act is repealed.
Real Estate and Business Brokers Act
33.(1)The definition of ``Tribunal" in section 1 of the Real Estate and Business Brokers Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 9 (9) of the Act is repealed and the following substituted:
Appeal
(9)Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Travel Industry Act
34.(1)The definition of ``Tribunal" in section 1 of the Travel Industry Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Section 8 of the Act is repealed and the following substituted:
Appeal
8.Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
Truck Transportation Act
35.(1)Subsection 7 (2) of the Truck Transportation Act is amended by striking out ``Licence Suspension Appeal Board" in the seventh line and substituting ``Licence Appeal Tribunal".
(2)Subsection 7 (3) of the Act is amended by striking out ``Licence Suspension Appeal Board" in the first and second lines and substituting ``Licence Appeal Tribunal".
(3)Subsection 28 (1.1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 9, section 35, is repealed and the following substituted:
Definition
(1.1)In this section,
``Tribunal" means the Licence Appeal Tribunal.
(4)Subsections 28 (2), (5), (6), (7) and (9) of the Act are amended by striking out ``Board" wherever it occurs and substituting in each case ``Tribunal".
Upholstered and Stuffed Articles Act
36.(1)The definition of ``Tribunal" in subsection 1 (1) of the Upholstered and Stuffed Articles Act is repealed and the following substituted:
``Tribunal" means the Licence Appeal Tribunal. (``Tribunal")
(2)Subsection 12 (8) of the Act is repealed and the following substituted:
Appeal
(8)Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
(3)Subsection 18 (7) of the Act is repealed and the following substituted:
Act not to apply
(7)Section 11 of the Licence Appeal Tribunal Act, 1999 does not apply to proceedings before the Tribunal under this section.
(4)Subsection 20 (4) of the Act is repealed and the following substituted:
Act not to apply
(4)Section 11 of the Licence Appeal Tribunal Act, 1999 does not apply to proceedings before the Tribunal under this section.
Commencement and Short Title
Commencement
37.This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
38.The short title of the Act set out in this Schedule is the Licence Appeal Tribunal Act, 1999.
SCHEDULE H
AMENDMENTS AND REPEALS PROPOSED BY THE
MINISTRY OF ECONOMIC DEVELOPMENT and TRADE
Massey-Ferguson Limited Act, 1981
1.The Massey-Ferguson Limited Act, 1981 is repealed.
Ontario Telephone Development Corporation Act
2.The Ontario Telephone Development Corporation Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed.
Research Foundation Act
3.(1) The French version of subsection 21 (1) of the Research Foundation Act is amended by striking out "Conseil des ministres" in the third line and substituting "Conseil excutif".
Same
(2) The French version of subsection 21 (2) of the Act is amended by striking out "Conseil des ministres" in the first line and substituting "Conseil excutif".
Technology Centres Act
4.The Technology Centres Act is repealed.
Telephone Act
5.The French version of section 24 of the Telephone Act is amended by striking out "Conseil des ministres" in the third and fourth lines and substituting "Conseil excutif".
Commencement
6.This Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
SCHEDULE I
AMENDMENTS PROPOSED BY THE
ministry of finance
Co-operative Corporations Act
1.(1)Section 2 of the Co-operative Corporations Act is repealed.
(2)Subsection 35 (6) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 19, section 5, is repealed and the following substituted:
Definition of ``material change"
(6)In this section,
``material change" means a change in the business, operations, assets or liabilities of the co-operative that would reasonably be expected to have a significant adverse impact on the financial position of the co-operative or that might prevent the co-operative from achieving the purpose of an offering but does not include a change that is prescribed by the regulations as not a material change.
(3)Subsection 120 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is amended by striking out ``Minister" and substituting ``Superintendent".
(4)Section 151 of the Act, as amended by the Statutes of Ontario, 1992, chapter 19, section 20, is further amended by adding the following subsection:
Additional authorization of amendment under cl. (1) (l)
(2.1)Subject to section 152, if the amendment is an amendment under clause (1) (l), then, in addition to the confirmation required by subsection (2), the resolution is not effective until it has been confirmed by such additional authorization as may be required by the articles.
(5)Subsection 151 (3) of the Act is amended by striking out "(l)" in the second line.
(6)Subsection 151 (4) of the Act is repealed and the following substituted:
Additional authorization for variation of rights of preference shares
(4)If the amendment is to delete or vary a preference, right, condition, restriction, limitation or prohibition attaching to a class of preference shares or to create preference shares, ranking in any respect in priority to or on a parity with any class of preference shares, then, in addition to the confirmation required by subsection (2), the resolution is not effective until it has been confirmed by at least two-thirds of the votes cast at a meeting of the holders of such class or classes of shares duly called for that purpose or such greater proportion of the votes cast as the articles provide, and by such additional authorization as the articles provide.
(7)The Act is amended by adding the following section:
Preference shareholders' right to dissent
151.1(1)If a co-operative resolves to,
(a)amend its articles in a manner referred to in subsection 151 (4); or
(b)amalgamate with another co-operative under sections 156 and 157,
a holder of preference shares of any class entitled to vote on the confirmation of the resolution may dissent.
Right to be paid fair value of shares
(2)In addition to any other right the shareholder may have, but subject to subsection (15), a shareholder who complies with this section is entitled, when the action approved by the resolution from which the shareholder dissents becomes effective, to be paid by the co-operative the fair value of the preference shares held by the shareholder in respect of which the shareholder dissents, determined as of the close of business on the day before the resolution was adopted.
No partial dissent
(3)A dissenting shareholder may only claim under this section with respect to all the preference shares of a class held by the dissenting shareholder.
Written objection by shareholder
(4)A dissenting shareholder shall send to the co-operative, at or before any meeting of shareholders at which the confirmation of a resolution referred to in subsection (1) is to be voted on, a written objection to the resolution, unless the co-operative did not give notice to the shareholder of the purpose of the meeting or of the shareholder's right to dissent.
Notice of adoption of resolution to dissenting shareholders
(5)The co-operative shall, within 10 days after the shareholders confirm the resolution, send to each shareholder who has filed the objection referred to in subsection (4) notice that the resolution has been confirmed, but such notice is not required to be sent to any shareholder who voted for the confirmation of the resolution or who has withdrawn the objection.
Same
(6)A notice sent under subsection (5) shall set out the rights of the dissenting shareholder and the procedures to be followed to exercise those rights.
Demand for payment of fair value
(7)A dissenting shareholder entitled to receive notice under subsection (5) shall, within 20 days after receiving such notice, or, if the shareholder does not receive such notice, within 20 days after learning that the resolution has been confirmed, send to the co-operative a written notice containing,
(a)the shareholder's name and address;
(b)the number and class of preference shares in respect of which the shareholder dissents; and
(c)a demand for payment of the fair value of such shares.
Offer to pay
(8)A co-operative shall, not later than seven days after the later of the day on which the action approved by the resolution is effective or the day the co-operative received the notice referred to in subsection (7), send to each dissenting shareholder who has sent such notice,
(a)a written offer to pay for the dissenting shareholder's preference shares in an amount considered by the directors of the co-operative to be the fair value thereof, accompanied by a statement showing how the fair value was determined; or
(b)if subsection (15) applies, a notification that it is unable lawfully to pay dissenting shareholders for their preference shares.
Same
(9)Every offer made under subsection (8) for shares of the same class shall be on the same terms.
Payment to shareholder
(10)Subject to subsection (15), a co-operative shall pay for the preference shares of a dissenting shareholder within 10 days after an offer made under subsection (8) has been accepted, but any such offer lapses if the co-operative does not receive an acceptance within 30 days after the offer has been made.
Determination of fair value by arbitrator
(11)Where a co-operative fails to make an offer under subsection (8) or if a dissenting shareholder fails to accept an offer, the fair value for the shares of any such dissenting shareholder shall be determined by arbitration by one person chosen by both the co-operative and the affected dissenting shareholders.
Panel of arbitrators
(12)If the co-operative and the affected dissenting shareholders cannot agree on a single arbitrator, the arbitration shall be by a panel of three persons.
Same
(13)An arbitration panel shall be comprised of one person nominated by the co-operative, one person nominated by the affected dissenting shareholders and one person selected by the two nominees.
Arbitration Act, 1991 applies
(14)The Arbitration Act, 1991 applies, with necessary modifications, to arbitrations under this section.
Where co-operative unable to pay
(15)A co-operative shall not make a payment to a dissenting shareholder under this section if there are reasonable grounds for believing that,
(a)the co-operative is, or after the payment would be, unable to pay its liabilities as they become due; or
(b)the realizable value of the co-operative's assets would thereby be less than the aggregate of its liabilities.
Definition of ``fair value"
(16)In this section,
``fair value" means the price that a buyer would pay to a seller, both acting prudently, knowledgeably and willingly, in an arm's length transaction in an open market under conditions requisite to a fair sale.
(8)Subsection 153 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 3, is further amended by striking out ``Minister" in the sixth line and substituting ``Superintendent".
(9)Subsection 155 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 3, is further amended by striking out ``Minister" in the fourth line and substituting ``Superintendent".
(10)Subsection 157 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 3, is further amended by striking out ``Minister" in the sixth line and substituting ``Superintendent".
(11)Subsection 158 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is amended by striking out ``Minister" in the second line and substituting ``Superintendent".
(12)Subsection 158.1 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is amended by striking out ``Minister" in the second line and substituting ``Superintendent".
(13)Subsection 164 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 3, is further amended by striking out ``Minister" in the fifth line and substituting ``Superintendent".
(14)Subsection 171.13 (5) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 19, section 23 and amended by 1997, chapter 19, section 3, is further amended by striking out ``Minister" in the amendment of 1997 and substituting ``Superintendent".
(15)Section 177 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 44, is repealed and the following substituted:
Limitation
177.No proceeding for an offence under this Act shall be started more than two years after the facts on which the proceedings are based first came to the knowledge of the Superintendent.
(16)Clause 187 (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is repealed.
(17)Section 187 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 3, is amended by adding the following subsection:
Forms
(2)The Superintendent may approve forms for any purpose of this Act.
Credit Unions and Caisses Populaires Act, 1994
2.(1)Subsection 19 (1) of the Credit Unions and Caisses Populaires Act, 1994, as amended by the Statutes of Ontario, 1997, chapter 28, section 53, is further amended by striking out ``used by" in the first line and substituting ``of".
(2)The Act is amended by adding the following section:
May use other name
19.1(1)Subject to subsections (2) and (3), a credit union may carry on business under or identify itself by a name other than its corporate name.
Superintendent may order credit union to not use other name
(2)Where a credit union is carrying on business under or identifying itself by a name other than its corporate name, the Superintendent may, after giving the credit union an opportunity to be heard, by order, direct the credit union not to use that other name if the Superintendent is of the opinion that the other name is a name referred to in any of clauses 21 (1) (a) to (g).
Corporate name to be used in all documents
(3)A credit union shall set out its corporate name in legible characters in all documents that evidence rights or obligations with respect to other parties (including contracts, invoices and negotiable instruments) and that are issued or made by or on behalf of the credit union.
(3)Subsection 20 (1) of the Act is repealed and the following substituted:
Prohibition re names
(1)A person who carries on business using a name in which ``credit union" or ``caisse populaire" is used other than in the circumstances set out in section 19 or 19.1 is guilty of an offence.
(4)The following provisions of the Act are amended by striking out ``Minister" wherever it appears and substituting in each case ``Superintendent":
1.Subsection 54 (6), as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1997, chapter 28, section 53.
2.Subsection 77 (4), as amended by the Statutes of Ontario, 1997, chapter 19, section 5.
3.Subsection 82 (5), as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1997, chapter 28, section 53.
(5)The French version of section 90 of the Act is amended by striking out ``les rserves prescrites" at the end and substituting ``des rserves selon les modalits prescrites".
(6)The Act is amended by adding the following sections:
Cost of Borrowing
Definition of ``cost of borrowing"
197.1In sections 197.2 to 197.10,
``cost of borrowing", for a loan made by a credit union, means,
(a)the interest or discount applicable to the loan,
(b)any amount charged in connection with the loan that is payable by the borrower to the credit union,
(c)any amount charged in connection with the loan that is payable by the borrower to a person other than the credit union, where the amount is chargeable, directly or indirectly, by the person to the credit union, and
(d)any charge prescribed by the regulations as included in the cost of borrowing,
but does not include any charge prescribed by the regulations as excluded from the cost of borrowing.
Rebate of borrowing costs
197.2(1)This section applies where,
(a)a credit union makes a loan to a natural person;
(b)the loan is not secured by a mortgage on real property;
(c)the loan is required to be repaid either on a fixed future date or by instalments; and
(d)the loan is prepaid in full.
Same
(2)In the circumstances described in subsection (1), the credit union shall, in accordance with the regulations, rebate to the borrower a portion of the cost of borrowing for the loan.
Limitation
(3)For the purposes of subsection (2) and the regulations made under clause 197.10 (1) (b), the cost of borrowing for a loan does not include the interest or discount applicable to the loan.
Disclosure of cost of borrowing
197.3(1)A credit union shall not make a loan to a natural person unless the cost of borrowing and any other information prescribed for the purposes of this section by the regulations have been disclosed by the credit union to the person.
Same
(2)For the purposes of disclosure required by subsection (1), the cost of borrowing,
(a)shall be calculated on the basis that all obligations of the borrower are duly fulfilled;
(b)shall be calculated in accordance with the regulations;
(c)shall be expressed as a rate per annum; and
(d)where required by the regulations, shall be expressed as an amount in dollars and cents.
Additional disclosure - term loans
197.4Where a credit union makes a loan to a natural person and the loan is required to be repaid either on a fixed future date or by instalments, the credit union shall disclose the following to the borrower:
1.Whether the borrower has the right to repay the amount borrowed before the maturity of the loan.
2.Any terms and conditions relating to a right described in paragraph 1, including particulars of the circumstances in which the borrower may exercise the right.
3.Whether any portion of the cost of borrowing for the loan is to be rebated to the borrower or any charge or penalty is to be imposed on the borrower, if the borrower exercises a right described in paragraph 1.
4.The manner in which any rebate, charge or penalty referred to in paragraph 3 is to be calculated.
5.Particulars of any charges or penalties to be imposed on the borrower if the borrower fails to repay the amount of the loan at maturity or fails to pay an instalment on the day the instalment is due to be paid.
6.Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for the loan.
7.Particulars of any rights or obligations of the borrower prescribed by the regulations for the purposes of this section.
8.Any other information prescribed by the regulations for the purposes of this section.
Disclosure in applications for credit cards, etc.
197.5A form or other document used by a credit union for the purposes of an application for a credit card, payment card or charge card shall contain the information prescribed by the regulations for the purposes of this section or be accompanied by a document that contains that information.
Disclosure where credit cards, etc., issued
197.6 Where a credit union issues a credit card, payment card or charge card to a natural person, the credit union shall disclose the following to the person:
1.Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the agreement governing the card.
2.Particulars of any charges for which the person becomes responsible by accepting or using the card.
3.Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for any loan obtained through the use of the card.
4.Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5.Any other information prescribed by the regulations for the purposes of this section.
Additional disclosure: loans to which ss. 197.4 and 197.6 do not apply
197.7(1)Where a credit union enters into an arrangement for the making of a loan to a natural person and neither section 197.4 nor section 197.6 apply in respect of the arrangement, the credit union shall disclose the following to the person:
1.Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the arrangement.
2.Particulars of any charges for which the person becomes responsible by entering the arrangement.
3.Particulars of any prescribed change relating to the arrangement or the cost of borrowing under the arrangement.
4.Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5.Any other information prescribed by the regulations for the purposes of this section.
Interpretation
(2)For the purposes of subsection (1), an arrangement for the making of a loan includes an arrangement for a line of credit.
Statement re mortgage renewal
197.8Where a credit union makes a loan to a natural person and the loan is secured by a mortgage on real property, the credit union shall disclose to the person such information respecting renewal of the loan as is prescribed by the regulations.
Disclosure in advertising
197.9(1)This section applies to an advertisement that,
(a)relates to loans, credit cards, payment cards or charge cards that are offered by a credit union to a natural person or to arrangements to which section 197.7 applies that are offered by a credit union to a natural person; and
(b)purports to contain information relating to the cost of borrowing or any other prescribed matter.
Same
(2)No person shall authorize any advertisement described in subsection (1) unless the advertisement contains the information that may be required by the regulations and is in the form and manner that may be prescribed.
Regulations re disclosure
197.10(1)The Lieutenant Governor in Council may make regulations,
(a)prescribing, for the purposes of section 197.1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing;
(b)governing rebates to be made under section 197.2;
(c)prescribing information other than the cost of borrowing that must be disclosed under section 197.3;
(d)prescribing the manner of calculating the cost of borrowing for the purposes of section 197.3;
(e)prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 197.3;
(f)prescribing the manner of calculating any rebate referred to in paragraph 4 of section 197.4;
(g)prescribing changes for the purposes of paragraph 6 of section 197.4, paragraph 3 of section 197.6 and paragraph 3 of subsection 197.7 (1);
(h)prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 197.4, paragraph 4 of section 197.6 and paragraph 4 of subsection 197.7 (1);
(i)prescribing information that must be disclosed under paragraph 8 of section 197.4, paragraph 5 of section 197.6 and paragraph 5 of subsection 197.7 (1);
(j)prescribing information for the purposes of section 197.5;
(k)prescribing information for the purposes of section 197.8;
(l)prescribing matters for the purposes of clause 197.9 (1) (b) and respecting the form, manner and content of advertisements for the purposes of subsection 197.9 (2);
(m)prescribing the time, manner and form of any disclosure required under sections 197.3 to 197.9;
(n)prescribing classes of loans in respect of which some or all of the requirements of sections 197.2 to 197.9 do not apply;
(o)prohibiting the imposition of any charge or penalty referred to in section 197.4, 197.6 or 197.7;
(p)governing the nature and amount of any charge or penalty referred to in section 197.4, 197.6 or 197.7 that may be imposed by a credit union, including but not limited to,
(i)regulations providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and
(ii)regulations respecting the costs of the credit union that may be included or must be excluded in the determination of the charge or penalty;
(q)respecting any other matter or thing that is necessary to carry out the purposes of sections 197.2 to 197.9.
Same
(2)A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of ``cost of borrowing" in section 197.1.
Same
(3)A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of loans set out in the regulation.
(7)The following provisions of the Act are amended by striking out ``Minister" wherever it appears and substituting in each case ``Superintendent":
1.Subsection 256 (2), as amended by the Statutes of Ontario, 1997, chapter 19, section 5.
2.Subsection 273 (3), as amended by the Statutes of Ontario, 1997, chapter 19, section 5.
3.Subsection 298 (15), as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1997, chapter 28, section 53.
4.Subsection 298 (21), as amended by the Statutes of Ontario, 1997, chapter 19, section 5.
5.Clause 299 (1) (a), as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1997, chapter 28, section 53.
(8)Subsections 309 (8) and (9) of the Act are repealed and the following substituted:
Articles of amalgamation filed, application for certificate
(8)If the agreement is adopted, the amalgamating credit unions may,
(a)file with the Superintendent articles of amalgamation in the form approved by the Minister; and
(b)apply jointly to the Minister for a certificate of amalgamation.
Certificate of amalgamation
(9)The Minister may, in his or her discretion, issue a certificate of amalgamation, and on and after the date of the certificate,
(a)the amalgamating credit unions are amalgamated and are continued as one credit union under the name set out in the certificate;
(b)the amalgamated credit union possesses all the property, rights, privileges and franchises and is subject to all the liabilities, contracts, disabilities and debts of each of the amalgamating credit unions; and
(c)the articles of amalgamation shall be deemed to be the articles of incorporation of the amalgamated credit union and the certificate of amalgamation shall be deemed to be the certificate of incorporation of the amalgamated credit union.
(9)Paragraph 26 of subsection 317 (1) of the Act is repealed and the following substituted:
26.requiring the disclosure to depositors of the rate of interest on their accounts and the manner of calculating and paying the interest.
(10)The following provisions of the Act are amended by striking out ``Minister" wherever it appears and substituting in each case ``Superintendent":
1.Section 321.1, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
2.Section 321.2, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
3.Section 321.3, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
4.Section 321.4, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
5.Section 321.5, as enacted by the Statutes of Ontario, 1997, chapter 19, section 5.
Financial Services Commission of Ontario Act, 1997
3.(1)The Financial Services Commission of Ontario Act, 1997 is amended by adding the following section:
Format of filed documents, etc.
15.1(1)This section applies with respect to documents and information to be delivered to, filed with or issued by the Superintendent under this or any other Act.
Conflict
(2)In the event of a conflict between this section or a rule made under this section and a provision of this or any other Act, any regulation or any other rule, this section or the rule made under this section, as the case may be, prevails.
Permitted formats
(3)Despite any requirement in or under this or any other Act respecting the format in which a document or information must be delivered to, filed with or issued by the Superintendent, the document or information may be delivered, filed or issued in electronic format or another format the Superintendent may approve.
Required formats
(4)Despite any requirement in or under this or any other Act, the Superintendent may require a document or information that is to be delivered to, filed with or issued by him or her to be delivered, filed or issued in electronic format or another format specified by the Superintendent.
Rules
(5)The Superintendent may make rules governing the delivery, filing, inspection, service or copying of documents and information in the formats approved by him or her under subsection (3) or specified by him or her under subsection (4).
Same
(6)A rule may specify the manner in which a document or information that is not written on paper must be signed or certified, and may waive any requirement that a document or information must be signed or certified.
Conversion
(7)The Superintendent may convert a document or information delivered to, filed with or issued by him or her from one format into another format chosen by him or her; the Superintendent is not required to retain the document or information in the format in which it is delivered, filed or issued.
Records
(8)The Superintendent may maintain or store his or her records in any format the Superintendent considers suitable.
(2)Section 16 of the Act is amended by adding the following clause:
(c.1)stating that a copy of, or extract from, a document or information in the custody of the Superintendent that is not in a written format is a print-out from the document or information on record with the Superintendent and is a true copy of, or extract from, the document or information.
(3)Subsection 17 (3) of the Act is amended by inserting ``or (c.1)" after ``clause 16 (c)" in the second line.
Insurance Act
4.(1)The definition of ``exchange" or ``reciprocal or inter-insurance exchange" in section 1 of the Insurance Act is repealed and the following substituted:
``exchange" or ``reciprocal insurance exchange" means a group of subscribers exchanging reciprocal contracts of indemnity or insurance with each other through the same attorney. (``bourse" ou ``bourse d'assurance rciproque")
(2)The definitions of ``livestock insurance" and ``weather insurance" in section 1 of the Act are repealed.
(3)Section 24 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 80, is repealed.
(4)Clause 32 (2) (a) of the Act is repealed.
(5)The French version of clause 33 (1) (b) of the Act is amended by striking out ``dirigeant principal" in the third line and substituting ``directeur gnral".
(6)Paragraph 7 of subsection 42 (1) of the Act is amended by striking out ``or inter-insurance" and substituting ``insurance".
(7)Clauses 44 (1) (e) and (k) of the Act are repealed.
(8)Clause 44 (3) (d) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 10, is further amended by striking out ``or inter-insurance" and substituting ``insurance".
(9)Subsection 48 (6) of the Act is amended by striking out ``or inter-insurance" in the fifth line and substituting ``insurance".
(10)Subsection 48 (7) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 7, is repealed and the following substituted:
Application of sub. (3)
(7)Subsection (3) does not apply to a mutual insurance corporation incorporated under the laws of Ontario that is a member of the Fire Mutuals Guarantee Fund.
Restriction, premium note plan
(7.1)No mutual insurance corporation that is incorporated in Ontario to undertake contracts on a premium note plan may be licensed under this Act unless it is a member of the Fire Mutuals Guarantee Fund.
(11)Subsection 102 (8) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 10, is repealed and the following substituted:
Required level of capital or assets
(8)Every insurer licensed under this Act shall maintain capital or assets (in compliance with such requirements as may be prescribed by regulation governing the level of capital or assets to be maintained) in an amount that bears not less than a reasonable relationship to the outstanding liabilities, premiums and loss experience of the insurer.
Same
(8.1)The amount required by subsection (8) shall be calculated in accordance with such requirements as may be prescribed by regulation, and the calculation shall exclude any investments of the insurer that are not authorized by this Act or that were not authorized by law at the time they were acquired.
(12)Subsection 102 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 10, is amended by striking out ``except contracts of fraternal societies licensed under this Act" in the third, fourth and fifth lines.
(13)Section 114 of the Act is repealed.
(14)Clause 23 of subsection 121 (1) of the Act is amended by striking out ``clause (l) of" in the third line.
(15)Subsection 121 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 12, 1994, chapter 11, section 338, 1996, chapter 21, section 14, 1997, chapter 19, section 10 and 1997, chapter 28, section 107, is further amended by adding the following clause:
26.1prescribing such matters as are required or permitted to be prescribed under sections 381 to 386 with respect to reciprocal insurance exchanges.
(16)Section 145 of the Act is amended by striking out ``or a new premium note" at the end.
(17)Sections 153 to 168 of the Act are repealed and the following substituted:
Fire Mutuals Guarantee Fund
General reinsurance agreement
153.An insurer that is a member of the Fire Mutuals Guarantee Fund shall enter into and remain a party to a general reinsurance agreement with a mutual insurance corporation incorporated under subsection 148 (3) of the Corporations Act.
(18)Subsections 169 (1), (2) and (3) of the Act are repealed and the following substituted:
Fire Mutuals Guarantee Fund
(1)The agreement establishing the Fire Mutuals Guarantee Fund is continued and may be amended with the approval of the Superintendent.
Members
(2)The following persons may be members of the Fund, with the approval of the Superintendent:
1.Mutual insurance corporations including those that are incorporated under subsection 148 (3) of the Corporations Act.
2.Joint stock insurance companies, all the shares of which are owned by one or more mutual insurance corporations that are members of the Fund.
Purposes
(3)The Fund has the following purposes, and such additional purposes as may be set out in the agreement:
1.To pay the insurance claims and repay the unearned premiums of policyholders who are members of the Fund, if a member is unable to meet its obligations.
2.To pay the insurance claims of third parties against policyholders who are members of the Fund, if a member is unable to meet its obligations.
Same
(3.1)With the approval of the Superintendent, the assets of the Fund may be used for the purposes of the Fund.
Powers
(3.2)If the Fund is authorized to do so by the agreement, the Fund may,
(a)assess its members in respect of any payments that the Fund has authorized in respect of a member who is unable to meet its obligations; and
(b)until the assessments are paid, borrow money or establish lines of credit for the purposes of making payments in respect of the member who is unable to meet its obligations.
Administration
(3.3)The assets of the Fund shall be held in trust by a trust corporation registered under the Loan and Trust Corporations Act.
(19)Clause 169 (4) (d) of the Act is repealed and the following substituted:
(d)be invested and valued in the same manner and be subject to the same restrictions as the assets of a member of the Fund.
(20)Subsection 169 (5) of the Act is amended by inserting "(3.2) (a) or" after ``clause" in the first line.
(21)Subsections 169 (7) and (8) of the Act are repealed and the following substituted:
Cessation of membership
(7)The Superintendent may permit an insurer to cease to be a member of the Fund and may impose such terms and conditions respecting the cessation as the Superintendent considers appropriate.
Withdrawal of approval
(7.1)The Superintendent may withdraw his or her approval under subsection (2) when an insurer is in default of payment of its assessment under the agreement.
Ceasing to issue contracts on premium note plan
(8)An insurer who becomes a member of the Fund shall cease to undertake contracts of insurance or to renew existing contracts of insurance on the premium note plan.
(22)Section 170 of the Act is repealed.
(23)Parts VIII and IX of the Act are repealed.
(24)Section 340 of the Act is repealed and the following substituted:
Application of Part
340.(1)Subject to subsections (2) and (3), this Part applies only to fraternal societies incorporated under the laws of Ontario.
Application of ss. 341-344, s. 371
(2)Sections 341 to 344 and section 371 apply to all fraternal societies carrying on the business of insurance in Ontario.
Application of s. 345 (2)
(3)Subsection 345 (2) applies only to fraternal societies incorporated elsewhere than in Ontario.
(25)Section 342 of the Act is repealed and the following substituted:
Cases in which societies not to be licensed
342.No fraternal society shall be licensed,
(a)if it undertakes insurance contracts with persons other than its own members and their spouses and children;
(b)if it engages in or carries on any business other than life insurance, accident insurance or sickness insurance;
(c)if it has upon its books fewer than 75 members in good standing; or
(d)if it is in effect the property of its officers or collectors, or of any other person for the person's own benefit, or is conducted as a mercantile or business enterprise, or for the purpose of mercantile profit, or if its funds are under the control of persons or officers appointed for life and not under that of the insured.
(26)Clause 342 (a) of the Act, as re-enacted by subsection (25), is amended by striking out ``spouses" and substituting ``spouses, same-sex partners".
(27)Subsections 346 (2), (3), (4), (5) and (6) of the Act are repealed and the following substituted:
By-laws and rules binding when passed by society
(2)The constitution, by-laws or rules and any amendment, revision or consolidation of them passed by the society shall, despite the declaration or other instrument filed under any general or special Act, be deemed to be the rules in force on and after the date of passing by the society until a subsequent amendment, revision or consolidation is in like manner passed and so on from time to time, and are binding and obligatory upon all members of the society and upon all their beneficiaries and legal representatives and upon everyone entitled to any benefit under any certificate of the society, but the passing of any rule of the society or of any amendment or revision of a rule does not make valid any provision of such rule that is inconsistent with this Act.
(28)Subsection 348 (1) of the Act is amended by striking out ``person requiring it on payment of 25 cents" at the end and substituting ``member requesting it on payment of a reasonable fee".
(29)Section 349 of the Act is repealed.
(30)Subsection 350 (2) of the Act is amended by striking out ``registered" in the third line and substituting ``ordinary".
(31)Subsection 350 (3) of the Act is amended by adding ``and continues to be entitled to any insurance benefits paid for under the contract" at the end.
(32)Subsection 350 (4) of the Act is repealed and the following substituted:
Exception
(4)This section is subject to any rules to the contrary passed by the society.
(33)Section 351 of the Act is repealed.
(34)Subsection 353 (2) of the Act is repealed and the following substituted:
Notice of reduction of benefit or increase in premium
(2)A notice of the reduction of any benefit payable under a contract of insurance or of the increase of the premium rate for any benefit under a contract of insurance shall be delivered to the member by a method which has been approved by the Superintendent.
(35)Section 355 of the Act is repealed and the following substituted:
Actuary's report
355.In addition to the annual statement required to be filed under this Act, each society shall file with the Superintendent, not later than four months after the end of each fiscal year, a report of the society's actuary certifying whether the society's rates of benefit are reasonable, and whether the amounts of insurance or annuity to be issued by the society are reasonable, having regard to,
(a)the conditions and circumstances for the issuance of policies by the society;
(b)the sufficiency of the rates of contribution to provide for those benefits and those amounts of insurance; and
(c)the reasonableness of the loan values, cash values, and other equities that may be provided under the policies.
(36)Section 359 of the Act is repealed and the following substituted:
Separate accounts for each class of insurance
359.A society shall maintain a separate account in respect of each class of insurance for which it is authorized to insure risks.
(37)Sections 360 and 363 to 368 of the Act are repealed.
(38)Section 369 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 120, is repealed.
(39)The Act is amended by adding the following section:
Policy disclosures
371.A fraternal society shall make policy disclosures to members on the matters, at the times and in the form established by the Superintendent.
(40)The heading to Part XIII of the Act is repealed and the following substituted:
PART XIII
RECIPROCAL INSURANCE EXCHANGES
(41)The definition of ``subscribers" in section 377 of the Act is repealed and the following substituted:
``subscribers" means the persons exchanging with each other reciprocal contracts of indemnity or insurance as provided in section 378. (``souscripteurs")
(42)Subsection 378 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 36, is further amended by striking out ``inter-insurance" in the third and fourth lines and substituting ``insurance".
(43)Section 379 of the Act is amended by striking out ``inter-insurance" in the fourth and fifth lines and substituting ``insurance".
(44)Subsection 380 (1) of the Act is amended by striking out ``inter-insurance" in the second line and substituting ``insurance".
(45)Subsection 380 (2) of the Act is amended by striking out ``inter-insurance" in the third line and substituting ``insurance".
(46)Section 381 of the Act is repealed and the following substituted:
Filing by members of exchange
381.(1)Before the licence for a reciprocal insurance exchange is issued, the persons constituting the exchange shall, through their attorney, file with the Superintendent such information, documents and declarations, to be verified by oath, as may be prescribed by regulation.
Filing by exchange
(2)At such times as the Superintendent may require, an exchange shall file with the Superintendent such information, documents and declarations, to be verified by oath, as may be prescribed by regulation.
(47)Section 382 the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 10, is repealed and the following substituted:
Issuance of licence, criteria
382.(1)Upon an exchange complying with this Part, the Superintendent may issue a licence to the exchange if he or she is satisfied that the exchange meets such requirements and criteria as may be prescribed by regulation.
Change to agreement requires approval
(2)A change to the agreement between subscribers governing the exchange of contracts of indemnity or insurance shall not be effective unless it is approved by the Superintendent.
Appeal
(3)A decision of the Superintendent under subsection (1) or (2) may be appealed to the Tribunal.
(48)Section 383 of the Act is repealed.
(49)Section 384 of the Act is amended by striking out ``inter-insurance" in the sixth line and substituting ``insurance".
(50)Section 385 of the Act is repealed.
(51)Subsections 386 (1), (2), (3) and (4) of the Act are repealed and the following substituted:
Amount of cash or approved securities
(1)There shall at all times be maintained a sum in cash or approved securities amounting to not less than such amount as may be prescribed by regulation or such amount as may be determined in the prescribed manner.
Amount of surplus
(2)There shall at all times be maintained a surplus of assets in excess of all liabilities, amounting to not less than such amount as may be prescribed by regulation or such amount as may be determined in the prescribed manner.
(52)Section 387 of the Act is repealed and the following substituted:
Investment of funds
387.If the principal office of the exchange is in Ontario, the funds of the exchange shall be invested in the class of securities authorized by Part XVII for the investment of the funds of a joint stock insurance company.
(53)Subsection 388 (1) of the Act is amended by striking out ``inter-insurance" in the third line.
(54)Subsection 388 (2) of the Act is amended by striking out ``licensed reciprocal or inter-insurance exchange" in the third and fourth lines and substituting ``licensed reciprocal insurance exchange".
(55)Subsection 389 (1) of the Act is amended by striking out ``inter-insurance" in the fourth line and substituting ``insurance".
(56)Subsection 389 (2) of the Act is amended by striking out ``inter-insurance" in the fifth line and substituting ``insurance".
(57)Subsection 390 (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 28, section 122, is amended by striking out ``inter-insurance" in the fourth line and substituting ``insurance".
(58)Subsection 403 (2) of the Act is repealed.
(59)The Act is amended by adding the following sections:
Cost of Borrowing
Definition of ``cost of borrowing"
437.1In sections 437.2 to 437.11,
``cost of borrowing", for a loan or advance on the security or against the cash surrender value of a policy made by an insurer, means,
(a)the interest or discount applicable to the loan or advance,
(b)any amount charged in connection with the loan or advance that is payable by the borrower to the insurer,
(c)any amount charged in connection with the loan or advance that is payable by the borrower to a person other than the insurer, where the amount is chargeable, directly or indirectly, by the person to the insurer, and
(d)any charge prescribed by the regulations as included in the cost of borrowing,
but does not include any charge prescribed by the regulations as excluded from the cost of borrowing.
Rebate of borrowing costs
437.2(1)This section applies where,
(a)an insurer makes a loan to a natural person;
(b)the loan is not secured by a mortgage on real property;
(c)the loan is required to be repaid either on a fixed future date or by instalments; and
(d)the loan is prepaid in full.
Same
(2)In the circumstances described in subsection (1), the insurer shall, in accordance with the regulations, rebate to the borrower a portion of the cost of borrowing for the loan.
Limitation
(3)For the purposes of subsection (2) and the regulations made under clause 437.11 (1) (b), the cost of borrowing for a loan does not include the interest or discount applicable to the loan.
Disclosure of cost of borrowing
437.3(1)An insurer shall not make a loan to a natural person unless the cost of borrowing and any other information prescribed for the purposes of this section by the regulations have been disclosed by the insurer to the person.
Same
(2)For the purposes of disclosure required by subsection (1), the cost of borrowing,
(a)shall be calculated on the basis that all obligations of the borrower are duly fulfilled;
(b)shall be calculated in accordance with the regulations;
(c)shall be expressed as a rate per annum; and
(d)where required by the regulations, shall be expressed as an amount in dollars and cents.
Additional disclosure - term loans
437.4Where an insurer makes a loan to a natural person and the loan is required to be repaid either on a fixed future date or by instalments, the insurer shall disclose the following to the borrower:
1.Whether the borrower has the right to repay the amount borrowed before the maturity of the loan.
2.Any terms and conditions relating to a right described in paragraph 1, including particulars of the circumstances in which the borrower may exercise the right.
3.Whether any portion of the cost of borrowing for the loan is to be rebated to the borrower or any charge or penalty is to be imposed on the borrower, if the borrower exercises a right described in paragraph 1.
4.The manner in which any rebate, charge or penalty referred to in paragraph 3 is to be calculated.
5.Particulars of any charges or penalties to be imposed on the borrower if the borrower fails to repay the amount of the loan at maturity or fails to pay an instalment on the day the instalment is due to be paid.
6.Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for the loan.
7.Particulars of any rights or obligations of the borrower prescribed by the regulations for the purposes of this section.
8.Any other information prescribed by the regulations for the purposes of this section.
Disclosure in applications for credit cards, etc.
437.5 A form or other document used by an insurer for the purposes of an application for a credit card, payment card or charge card shall contain the information prescribed by the regulations for the purposes of this section or be accompanied by a document that contains that information.
Disclosure where credit cards, etc., issued
437.6Where an insurer issues a credit card, payment card or charge card to a natural person, the insurer shall disclose the following to the person:
1.Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the agreement governing the card.
2.Particulars of any charges for which the person becomes responsible by accepting or using the card.
3.Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for any loan obtained through the use of the card.
4.Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5.Any other information prescribed by the regulations for the purposes of this section.
Additional disclosure: loans to which ss. 437.4 and 437.6 do not apply
437.7(1)Where an insurer enters into an arrangement for the making of a loan to a natural person and neither section 437.4 nor section 437.6 apply in respect of the arrangement, the insurer shall disclose the following to the person:
1.Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the arrangement.
2.Particulars of any charges for which the person becomes responsible by entering the arrangement.
3.Particulars of any prescribed change relating to the arrangement or the cost of borrowing under the arrangement.
4.Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5.Any other information prescribed by the regulations for the purposes of this section.
Interpretation
(2)For the purposes of subsection (1), an arrangement for the making of a loan includes an arrangement for a line of credit.
Statement re mortgage renewal
437.8Where an insurer makes a loan to a natural person and the loan is secured by a mortgage on real property, the insurer shall disclose to the person such information respecting renewal of the loan as is prescribed by the regulations.
Disclosure in advertising
437.9(1)This section applies to an advertisement that,
(a)relates to loans, credit cards, payment cards or charge cards that are offered by an insurer to a natural person or to arrangements to which section 437.7 applies that are offered by an insurer to a natural person; and
(b)purports to contain information relating to the cost of borrowing or any other prescribed matter.
Same
(2)No person shall authorize any advertisement described in subsection (1) unless the advertisement contains the information that may be required by the regulations and is in the form and manner that may be prescribed.
Disclosing borrowing costs - advances
437.10Where regulations have been made respecting the manner in which the cost of borrowing is to be disclosed in respect of an advance on the security or against the cash surrender value of a policy, an insurer shall not make such an advance unless the cost of borrowing, as calculated and expressed in accordance with the regulations, has, in the prescribed manner, been disclosed by the insurer, or otherwise as prescribed to the policyholder at or before the time when the advance is made.
Regulations re disclosure
437.11(1)The Lieutenant Governor in Council may make regulations,
(a)prescribing, for the purposes of section 437.1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing;
(b)governing rebates to be made under section 437.2;
(c)prescribing information other than the cost of borrowing that must be disclosed under section 437.3;
(d)prescribing the manner of calculating the cost of borrowing for the purposes of section 437.3;
(e)prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 437.3;
(f)prescribing the manner of calculating any rebate referred to in paragraph 4 of section 437.4;
(g)prescribing changes for the purposes of paragraph 6 of section 437.4, paragraph 3 of section 437.6 and paragraph 3 of subsection 437.7 (1);
(h)prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 437.4, paragraph 4 of section 437.6 and paragraph 4 of subsection 437.7 (1);
(i)prescribing information that must be disclosed under paragraph 8 of section 437.4, paragraph 5 of section 437.6 and paragraph 5 of subsection 437.7 (1);
(j)prescribing information for the purposes of section 437.5;
(k)prescribing information for the purposes of section 437.8;
(l)prescribing matters for the purposes of clause 437.9 (1) (b) and respecting the form, manner and content of advertisements for the purposes of subsection 437.9 (2);
(m)prescribing the time, manner and form of any disclosure required under sections 437.3 to 437.10;
(n)prescribing classes of loans in respect of which some or all of the requirements of sections 437.2 to 437.9 do not apply;
(o)requiring the disclosure of the cost of borrowing in respect of an advance on the security or against the cash surrender value of a policy and respecting the manner in which the cost of borrowing is to be disclosed;
(p)prescribing classes of advances that are not subject to section 437.10;
(q)prohibiting the imposition of any charge or penalty referred to in section 437.4, 437.6 or 437.7;
(r)governing the nature and amount of any charge or penalty referred to in section 437.4, 437.6 or 437.7 that may be imposed by an insurer, including but not limited to,
(i)regulations providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and
(ii)regulations respecting the costs of the insurer that may be included or must be excluded in the determination of the charge or penalty;
(s)respecting any other matter or thing that is necessary to carry out the purposes of sections 437.2 to 437.10.
Same
(2)A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of ``cost of borrowing" in section 437.1.
Same
(3)A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of loans or advances set out in the regulation.
(60)The definition of ``person" in section 438 of the Act is amended by striking out ``or inter-insurance" in the third line and substituting ``insurance".
(61)The definition of ``unfair or deceptive acts or practices" in section 438 of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 48, is repealed and the following substituted:
``unfair or deceptive acts or practices" means any activity or failure to act that is prescribed as an unfair or deceptive act or practice. (``actes ou pratiques malhonntes ou mensongers")
(62)Subsection 447 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 50, is repealed and the following substituted:
Definition
(1)In this section and in section 448,
``person" includes an individual, corporation, association, partnership, organization, reciprocal insurance exchange, member of the society known as Lloyd's, fraternal society, mutual benefit society or syndicate.
(63)Schedule A to the Act is repealed.
Loan and Trust Corporations Act
5.(1)The Loan and Trust Corporations Act is amended by adding the following sections:
Cost of Borrowing
Definition of ``cost of borrowing"
176.1In sections 176.2 to 176.10,
``cost of borrowing", for a loan made by a registered corporation, means,
(a)the interest or discount applicable to the loan,
(b)any amount charged in connection with the loan that is payable by the borrower to the registered corporation,
(c)any amount charged in connection with the loan that is payable by the borrower to a person other than the registered corporation, where the amount is chargeable, directly or indirectly, by the person to the registered corporation, and
(d)any charge prescribed by the regulations as included in the cost of borrowing,
but does not include any charge prescribed by the regulations as excluded from the cost of borrowing.
Rebate of borrowing costs
176.2(1)This section applies where,
(a)a registered corporation makes a loan to a natural person;
(b)the loan is not secured by a mortgage on real property;
(c)the loan is required to be repaid either on a fixed future date or by instalments; and
(d)the loan is prepaid in full.
Same
(2)In the circumstances described in subsection (1), the registered corporation shall, in accordance with the regulations, rebate to the borrower a portion of the cost of borrowing for the loan.
Limitation
(3)For the purposes of subsection (2) and the regulations made under clause 176.10 (1) (b), the cost of borrowing for a loan does not include the interest or discount applicable to the loan.
Disclosure of cost of borrowing
176.3(1)A registered corporation shall not make a loan to a natural person unless the cost of borrowing and any other information prescribed for the purposes of this section by the regulations have been disclosed by the registered corporation to the person.
Same
(2)For the purposes of disclosure required by subsection (1), the cost of borrowing,
(a)shall be calculated on the basis that all obligations of the borrower are duly fulfilled;
(b)shall be calculated in accordance with the regulations;
(c)shall be expressed as a rate per annum; and
(d)where required by the regulations, shall be expressed as an amount in dollars and cents.
Additional disclosure - term loans
176.4Where a registered corporation makes a loan to a natural person and the loan is required to be repaid either on a fixed future date or by instalments, the registered corporation shall disclose the following to the borrower:
1.Whether the borrower has the right to repay the amount borrowed before the maturity of the loan.
2.Any terms and conditions relating to a right described in paragraph 1, including particulars of the circumstances in which the borrower may exercise the right.
3.Whether any portion of the cost of borrowing for the loan is to be rebated to the borrower or any charge or penalty is to be imposed on the borrower, if the borrower exercises a right described in paragraph 1.
4.The manner in which any rebate, charge or penalty referred to in paragraph 3 is to be calculated.
5.Particulars of any charges or penalties to be imposed on the borrower if the borrower fails to repay the amount of the loan at maturity or fails to pay an instalment on the day the instalment is due to be paid.
6.Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for the loan.
7.Particulars of any rights or obligations of the borrower prescribed by the regulations for the purposes of this section.
8.Any other information prescribed by the regulations for the purposes of this section.
Disclosure in applications for credit cards, etc.
176.5A form or other document used by a registered corporation for the purposes of an application for a credit card, payment card or charge card shall contain the information prescribed by the regulations for the purposes of this section or be accompanied by a document that contains that information.
Disclosure where credit cards, etc., issued
176.6Where a registered corporation issues a credit card, payment card or charge card to a natural person, the registered corporation shall disclose the following to the person:
1.Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the agreement governing the card.
2.Particulars of any charges for which the person becomes responsible by accepting or using the card.
3.Particulars of any prescribed change relating to the loan agreement or the cost of borrowing for any loan obtained through the use of the card.
4.Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5.Any other information prescribed by the regulations for the purposes of this section.
Additional disclosure: loans to which ss. 176.4 and 176.6 do not apply
176.7(1)Where a registered corporation enters into an arrangement for the making of a loan to a natural person and neither section 176.4 nor section 176.6 apply in respect of the arrangement, the registered corporation shall disclose the following to the person:
1.Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the arrangement.
2.Particulars of any charges for which the person becomes responsible by entering the arrangement.
3.Particulars of any prescribed change relating to the arrangement or the cost of borrowing under the arrangement.
4.Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5.Any other information prescribed by the regulations for the purposes of this section.
Interpretation
(2)For the purposes of subsection (1), an arrangement for the making of a loan includes an arrangement for a line of credit.
Statement re mortgage renewal
176.8Where a registered corporation makes a loan to a natural person and the loan is secured by a mortgage on real property, the registered corporation shall disclose to the person such information respecting renewal of the loan as is prescribed by the regulations.
Disclosure in advertising
176.9(1)This section applies to an advertisement that,
(a)relates to loans, credit cards, payment cards or charge cards that are offered by a registered corporation to a natural person or to arrangements to which section 176.7 applies that are offered by a registered corporation to a natural person; and
(b)purports to contain information relating to the cost of borrowing or any other prescribed matter.
Same
(2)No person shall authorize any advertisement described in subsection (1) unless the advertisement contains the information that may be required by the regulations and is in the form and manner that may be prescribed.
Regulations re disclosure
176.10(1)The Lieutenant Governor in Council may make regulations,
(a)prescribing, for the purposes of section 176.1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing;
(b)governing rebates to be made under section 176.2;
(c)prescribing information other than the cost of borrowing that must be disclosed under section 176.3;
(d)prescribing the manner of calculating the cost of borrowing for the purposes of section 176.3;
(e)prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 176.3;
(f)prescribing the manner of calculating any rebate referred to in paragraph 4 of section 176.4;
(g)prescribing changes for the purposes of paragraph 6 of section 176.4, paragraph 3 of section 176.6 and paragraph 3 of subsection 176.7 (1);
(h)prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 176.4, paragraph 4 of section 176.6 and paragraph 4 of subsection 176.7 (1);
(i)prescribing information that must be disclosed under paragraph 8 of section 176.4, paragraph 5 of section 176.6 and paragraph 5 of subsection 176.7 (1);
(j)prescribing information for the purposes of section 176.5;
(k)prescribing information for the purposes of section 176.8;
(l)prescribing matters for the purposes of clause 176.9 (1) (b) and respecting the form, manner and content of advertisements for the purposes of subsection 176.9 (2);
(m)prescribing the time, manner and form of any disclosure required under sections 176.3 to 176.9;
(n)prescribing classes of loans in respect of which some or all of the requirements of sections 176.2 to 176.9 do not apply;
(o)prohibiting the imposition of any charge or penalty referred to in section 176.4, 176.6 or 176.7;
(p)governing the nature and amount of any charge or penalty referred to in section 176.4, 176.6 or 176.7 that may be imposed by a registered corporation, including but not limited to,
(i)regulations providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and
(ii)regulations respecting the costs of the registered corporation that may be included or must be excluded in the determination of the charge or penalty;
(q)respecting any other matter or thing that is necessary to carry out the purposes of sections 176.2 to 176.9.
Same
(2)A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of ``cost of borrowing" in section 176.1.
Same
(3)A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of loans set out in the regulation.
(2)Paragraph 6 of subsection 223 (1) of the Act is repealed.
(3)The following provisions of the Act are amended by striking out ``Minister" wherever it appears and substituting in each case ``Superintendent":
1.Subsection 6 (1), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
2.Subsection 10 (5), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
3.Subsection 31 (5), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
4.Subsection 32 (4), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
5.Subsection 32 (6), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
6.Section 64, as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
7.Subsection 92 (6), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
8.Section 134 , as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 13.
9.Subsection 135 (1), as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
10.Subsection 223.1 (1), as enacted by the Statutes of Ontario, 1997, chapter 19, section 13.
Mortgage Brokers Act
6.(1)The following provisions of the Mortgage Brokers Act are amended by striking out ``Minister" wherever it appears and substituting in each case ``Superintendent":
1.Subsection 7 (7), as amended by the Statutes of Ontario, 1997, chapter 19, section 15.
2.Subsection 34 (1), as enacted by the Statutes of Ontario, 1997, chapter 19, section 15.
(2)The Act is amended by adding the following sections:
Cost of Borrowing
Definition of ``cost of borrowing"
7.1In sections 7.2 to 7.8,
``cost of borrowing", for a mortgage, means,
(a)the interest or discount applicable to the mortgage,
(b)any amount charged in connection with the mortgage that is payable by the borrower to the mortgage broker or the lender,
(c)any amount charged in connection with the mortgage that is payable by the borrower to a person other than the mortgage broker or lender, where the amount is chargeable, directly or indirectly, by the person to the mortgage broker or lender, and
(d)any charge prescribed by the regulations as included in the cost of borrowing,
but does not include any charge prescribed by the regulations as excluded from the cost of borrowing.
Disclosure of cost of borrowing
7.2(1)A mortgage broker shall disclose to each borrower the cost of borrowing and any other information prescribed for the purposes of this section by the regulations.
Same
(2)For the purposes of disclosure required by subsection (1), the cost of borrowing,
(a)shall be calculated on the basis that all obligations of the borrower are duly fulfilled;
(b)shall be calculated in accordance with the regulations;
(c)shall be expressed as a rate per annum; and
(d)where required by the regulations, shall be expressed as an amount in dollars and cents.
Additional disclosure - term mortgages
7.3A mortgage broker shall disclose the following to a borrower with respect to a mortgage if the mortgage is required to be repaid on a fixed future date or by instalments:
1.Whether the borrower has the right to repay the amount borrowed before the maturity of the mortgage.
2.Any terms and conditions relating to a right described in paragraph 1, including particulars of the circumstances in which the borrower may exercise the right.
3.Whether any portion of the cost of borrowing for the mortgage is to be rebated to the borrower or any charge or penalty is to be imposed on the borrower, if the borrower exercises a right described in paragraph 1.
4.The manner in which any rebate, charge or penalty referred to in paragraph 3 is to be calculated.
5.Particulars of any charges or penalties to be imposed on the borrower if the borrower fails to repay the amount of the mortgage at maturity or fails to pay an instalment on the day the instalment is due to be paid.
6.If the mortgage broker is the lender, particulars of any prescribed change relating to the mortgage agreement or the cost of borrowing for the mortgage.
7.Particulars of any rights or obligations of the borrower prescribed by the regulations for the purposes of this section.
8.Any other information prescribed by the regulations for the purposes of this section.
Additional disclosure: other mortgages
7.4(1)A mortgage broker shall disclose the following to a person if there is an arrangement to enter into a loan secured by a mortgage with the person in respect of which section 7.3 does not apply:
1.Particulars of any charges or penalties to be imposed on the person if he or she fails to pay an amount in accordance with the arrangement.
2.Particulars of any charges for which the person becomes responsible by entering the arrangement.
3.If the mortgage broker is the lender, particulars of any prescribed change relating to the arrangement or the cost of borrowing under the arrangement.
4.Particulars of any rights or obligations of the person prescribed by the regulations for the purposes of this section.
5.Any other information prescribed by the regulations for the purposes of this section.
Interpretation
(2)For the purposes of subsection (1), an arrangement for the making of a loan secured by a mortgage includes an arrangement for a line of credit.
Statement re mortgage renewal
7.5The mortgage broker shall disclose to the borrower such information respecting renewal of the mortgage as is prescribed by the regulations.
Disclosure in advertising
7.6No person shall authorize any advertisement for a mortgage which purports to contain information relating to the cost of borrowing or any other prescribed matter unless the advertisement contains the information that may be required by the regulations and is in the form and manner that may be prescribed.
Disclosure on behalf of other persons
7.7Subject to the regulations, sections 7.2 to 7.5 and the regulations under those sections do not apply to a mortgage broker where one of the persons set out in Column 1 of the following Table, acting as a lender, authorizes a mortgage broker to provide a disclosure statement on its behalf, that disclosure statement meets the disclosure requirements under the legislation set out in Column 2 of the Table, opposite to that person, and the mortgage broker does so:
TABLE
Column 1
Column 2
Colonne 1
Colonne 2
A bank
Bank Act (Canada)
Une banque
Loi sur les banques (Canada)
An insurance company
Insurance Act
Une compagnie d'assurance
Loi sur les assurances
A trust corporation
Loan and Trust Corporations Act
Une socit de fiducie
Loi sur les socits de prt et de fiducie
A loan corporation
Loan and Trust Corporations Act
Une socit de prt
Loi sur les socits de prt et de fiducie
A credit union
Credit Unions and Caisses Populaires Act, 1994
Une caisse populaire
Loi de 1994 sur les caisses populaires et les credit unions
Another mortgage broker
This Act
Un autre courtier en hypothques
La prsente loi
Regulations re disclosure
7.8(1)The Lieutenant Governor in Council may make regulations,
(a)prescribing, for the purposes of section 7.1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing;
(b)prescribing information other than the cost of borrowing that must be disclosed under section 7.2;
(c)prescribing the manner of calculating the cost of borrowing for the purposes of section 7.2;
(d)prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 7.2;
(e)prescribing the manner of calculating any rebate referred to in paragraph 4 of section 7.3;
(f)prescribing changes for the purposes of paragraph 6 of section 7.3 and paragraph 3 of subsection 7.4 (1);
(g)prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 7.3 and paragraph 4 of subsection 7.4 (1);
(h)prescribing information that must be disclosed under paragraph 8 of section 7.3 and paragraph 5 of subsection 7.4 (1);
(i)prescribing information for the purposes of section 7.5;
(j)prescribing matters for the purposes of section 7.6 and respecting the form, manner and content of advertisements for the purposes of section 7.6;
(k)prescribing the time, manner and form of any disclosure required under sections 7.3 to 7.7;
(l)prescribing classes of mortgages in respect of which some or all of the requirements of sections 7.2 to 7.7 do not apply;
(m)prohibiting the imposition by a mortgage broker who is the lender of any charge or penalty referred to in section 7.3 or 7.4;
(n)governing the nature and amount of any charge or penalty referred to in section 7.3 or 7.4 that may be imposed by a mortgage broker who is the lender, including but not limited to,
(i)regulations providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and
(ii)regulations respecting the costs of the mortgage broker that may be included or must be excluded in the determination of the charge or penalty;
(o)respecting information to be disclosed under the circumstances set out in section 7.7 and the form and manner of disclosing that information;
(p)respecting any other matter or thing that is necessary to carry out the purposes of sections 7.2 to 7.7.
Same
(2)A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of ``cost of borrowing" in section 7.1.
Same
(3)A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of mortgages or of lenders set out in the regulation.
(3)Clause 33 (g) of the Act is repealed.
(4)The Act is amended by adding the following section:
Review of Act
35.(1)The Superintendent shall undertake a review of this Act for the purpose of recommending to the Minister any amendments that the Superintendent believes will improve the effectiveness and administration of this Act.
Same
(2)The Superintendent shall give his or her recommendations to the Minister within one year after this section comes into force.
Prepaid Hospital and Medical Services Act
7.(1)Section 1 of the Prepaid Hospital and Medical Services Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 225 and 1998, chapter 18, Schedule G, section 68, is further amended by adding the following definitions:
``group plan" means a contract for the provision of services under this Act, under which an association provides services to insure severally the well-being of a number of individuals under a single contract between the association and an employer or other person; (``rgime collectif")
``person" includes an individual, corporation, association, partnership, organization or fraternal society. (``personne")
(2)Subsection 5 (2) of the Act is amended by adding ``and" at the end of clause (c) and by repealing clause (d).
(3)Subsection 6 (2) of the Act is amended by adding ``and" at the end of clause (b) and by repealing clause (c).
(4)Section 7 of the Act is amended by adding the following subsection:
Not applicable to group plans
(3)Subsections (1) and (2) do not apply to group plans.
(5)The Act is amended by adding the following section:
Investigatory power
14.1The Superintendent has the same powers in respect of registered associations that the Superintendent of Financial Services has in respect of an insurer under sections 29, 30, 31, 443 and 444 of the Insurance Act.
Commencement
Commencement
8.(1)Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
Same
(2)Subsections 2 (6) and (9), 4 (1), (6), (8), (9), (40) to (57), (59), (60) and (62), 5 (1) and (2) and 6 (2), (3) and (4) come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3)Subsection 4 (26) comes into force on the later of,
(a)the day subsection 4 (25) comes into force; and
(b)the day subsection 31 (1) of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.
SCHEDULE J
AMENDMENTS PROPOSED BY THE
MINISTRY OF HEALTH AND LONG-TERM CARE
Ambulance Act
1.(1) Subsection 1 (1) of the Ambulance Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59, 1997, chapter 30, Schedule A, section 2, 1998, chapter 18, Schedule G, section 45 and 1998, chapter 34, section 1, is further amended by adding the following definitions: "
certificate" means a certificate issued to a person who has successfully completed the certification process under subsection 8 (2) or (4); ("certificat") "
certifying authority" means the person, body or organization appointed under section 9. ("autorit charge de la dlivrance des certificats")
(2) The definition of "Director" in subsection 1 (1) of the Act is repealed and the following substituted: "
Director" means the Director of the Emergency Health Services Branch of the Ministry. ("directeur")
(3) The definition of "operator" in subsection 1 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 2, is repealed.
2.The Act is amended by adding the following section:
Advisory council
3.The Minister may establish an advisory council for the purpose of advising the Minister on matters respecting the provision of ambulance services in the Province.
3.(1) Clause 4 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 5, is repealed and the following substituted:
(d)to establish standards for the management, operation and use of ambulance services and to ensure compliance with those standards.
(2) Clause 4 (1) (e) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 5, is amended by adding "to" at the beginning.
(3) Clause 4 (1) (f) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 5, is amended by adding "to" at the beginning.
4.The Act is amended by adding the following heading immediately before section 5:
General
5.(1) Subsection 6 (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Early responsibility for provision of services
(7) Despite clause (1) (b) and subsection (6), and subject to section 6.3, at any time during the protection period, an upper-tier municipality may,
(a)give notice to the Minister of its intention to assume responsibility for ensuring the proper provision of land ambulance services in the municipality in accordance with the needs of persons in the municipality; and
(b)assume that responsibility as of the day set out in the notice.
(2) Clauses 6 (8) (a), (b) and (c) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, are repealed and the following substituted:
(a)select persons to provide land ambulance services in the municipality in accordance with this Act;
(b)enter into such agreements as are necessary to ensure the proper management, operation and use of land ambulance services by operators; and
(c)ensure the supply of vehicles, equipment, services, information and any other thing necessary for the proper provision of land ambulance services in the municipality in accordance with this Act and the regulations.
(3) Section 6 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by adding the following subsection:
Same, restriction on selection of operators
(10) An upper-tier municipality that selects a person to provide land ambulance services under this Part shall,
(a)ensure that the person has met or will meet all of the requirements of section 8; and
(b)provide the name of the selected person to the Director as soon as practicable after the selection.
6.(1) Subsection 6.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "the selection of a person who will, if licensed to operate an ambulance service under section 8 or 9, provide land ambulance services in an upper-tier municipality shall be made by the upper-tier municipality in the following circumstances" in the first to the seventh lines and substituting "the circumstances in which an upper-tier municipality shall select a person to provide land ambulance services in the municipality are as follows".
(2) Paragraphs 1, 2 and 3 of subsection 6.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, are repealed and the following substituted:
1.Where an operator who provides land ambulance services in the municipality ceases to provide those services.
2.Where a licence to operate an ambulance service that provides land ambulance services in the municipality is revoked or not renewed under this Act.
3.Where the agreement between the municipality and an operator for the provision of land ambulance services is terminated or expires and is not renewed.
(3) Paragraph 2 of subsection 6.1 (1) of the Act, as re-enacted by subsection (2), is repealed and the following substituted:
2.Where the certificate of an operator who provides land ambulance services in the municipality is revoked or not renewed under this Act.
(4) Subsection 6.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Notice of ceasing to operate
(2) An operator who provides land ambulance services in an upper-tier municipality shall give the municipality and the Director at least 120 days notice of intention to cease providing those services.
(5) Subsection 6.1 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Notice of revocation or non-renewal
(3) If the certificate of an operator who provides land ambulance services in an upper-tier municipality is not renewed under subsection 8 (4) or is revoked under subsection 11 (2), the certifying authority shall immediately give notice of the fact to the municipality.
(6) Subsections 6.1 (5) and (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, are repealed and the following substituted:
Responsibility to ensure continuity of service
(5) If, before a person is selected under this section to provide land ambulance services in an upper-tier municipality instead of an existing operator or before the selected person begins to provide the services, the existing operator ceases to provide land ambulance services in the municipality or the licence of such an operator expires or is suspended, revoked or not renewed, the upper-tier municipality shall,
(a)select a person to provide land ambulance services in the municipality on an interim basis; or
(b)choose to provide the services itself on an interim basis.
(7) Subsection 6.1 (5) of the Act, as re-enacted by subsection (6), is amended by striking out "licence of such an operator expires or is suspended, revoked or not renewed" and substituting "certificate of such an operator expires or is revoked or not renewed".
7.The Act is amended by adding the following heading immediately before section 6.3:
Transitional
8.(1) Clause 6.4 (1) (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
(a)select one or more persons to provide land ambulance services in all parts of the municipality on and after January 1, 2000; and
. . . . .
(2) Subsection 6.4 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "before" in the sixth line and substituting "on or before".
(3) Subsection 6.4 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed.
9.(1) Subsection 6.5 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed.
(2) Section 6.5 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by adding the following subsection:
Where selection required
(1.1) A person shall be selected in accordance with this section to provide land ambulance services in an upper-tier municipality if, during the protection period,
(a)an operator who provides land ambulance services in the municipality ceases to provide those services;
(b)the Director revokes or refuses to renew the licence of an operator who provides land ambulance services in the municipality;
(c)in the case of a municipality that assumes responsibility for the proper provision of land ambulance services in the municipality under subsection 6 (7), the agreement between the municipality and an operator for the provision of land ambulance services is terminated or expires and is not renewed; or
(d)a new ambulance service is required to provide land ambulance services in the municipality.
(3) Clause 6.5 (1.1) (b) of the Act, as enacted by subsection (2), is repealed and the following substituted:
(b)the certifying authority revokes or refuses to renew the certificate of an operator who provides land ambulance services in the municipality.
(4) Subsection 6.5 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "an operator who provides land ambulance services in an upper-tier municipality surrenders his, her or its licence or if during that period the licence of such an operator is revoked or not renewed under this Act, the selection of another person" in the first to the seventh lines and substituting "any of the circumstances described in subsection (1.1) occur in an upper-tier municipality, the selection of another person".
(5) Subsection 6.5 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Notice
(3) Notice shall be given in accordance with subsection 6.1 (2) or (3) where a selection is required under this section because either an operator intends to cease providing land ambulance services in an upper-tier municipality or a certificate is revoked or not renewed, as the case may be.
(6) Subsection 6.5 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "Subsections 6.1 (4), (5) and (6)" at the beginning and substituting "Subsections 6.1 (4) and (5)".
(7) Subsection 6.5 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is repealed and the following substituted:
Responsibility of Minister to ensure continuity of service
(6) If, before a person is selected by the Minister under a request for proposals under subsection (5) to replace an existing operator in an upper-tier municipality or before the selected person begins to provide the land ambulance services, the existing operator ceases to provide land ambulance services or a licence expires or is suspended, revoked or not renewed, the Minister shall select a person to provide land ambulance services in the municipality on an interim basis until the person selected under the request for proposals begins to provide land ambulance services.
Same
(6.1) If the Minister is required to select a person under clause (2) (a) in the circumstances described in subsection (6.2), the Minister, without issuing a request for proposals under subsection (5), shall select a person to provide land ambulance services in the municipality on an interim basis until the selected person referred to in subsection (6.2) begins to provide land ambulance services.
Non-application of subs. (6.1)
(6.2) Subsection (6.1) applies where an operator in an upper-tier municipality ceases to provide land ambulance services or the licence of such an operator expires or is suspended, revoked or not renewed after the day the upper-tier municipality indicates in accordance with this Act that a person selected by the municipality is to begin providing land ambulance services in the municipality instead of an existing operator but before the day the selected person begins to provide those services.
(8) Subsection 6.5 (6) of the Act, as re-enacted by subsection (7), is amended by striking out "licence expires or is suspended, revoked or not renewed" and substituting "certificate expires or is revoked or not renewed".
(9) Subsection 6.5 (6.2) of the Act, as enacted by subsection (7), is amended by striking out "licence of such an operator expires or is suspended, revoked or not renewed" and substituting "certificate of such an operator expires or is revoked or not renewed".
10.Clause 6.10 (2) (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 6, is amended by striking out "the regulations made under" in the third line.
11.The heading immediately preceding section 8 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 8, is repealed and the following substituted:
PART V
CERTIFICATION
12.Section 8 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 9, is repealed and the following substituted:
Who may operate
8.(1) No person shall operate an ambulance service unless,
(a)the person holds a certificate issued by the certifying authority in accordance with subsection (2); and
(b)in the case of a person who wishes to provide land ambulance services, the person has been selected to provide land ambulance services in accordance with Part III or is otherwise entitled to provide land ambulance services under this Act.
Certification
(2) A person shall be issued a certificate by the certifying authority only if the person has successfully completed the certification process prescribed by the regulations.
Expiry of certificate
(3) A certificate shall expire at the end of the period prescribed by the regulations.
Renewal of certificate
(4) A certificate shall be renewed by the certifying authority only if, before the expiry of the certificate, the operator successfully completes the certification process prescribed by the regulations.
Certification process
(5) In order to successfully complete the certification process referred to in subsections (2) and (4), a person must demonstrate that he or she meets the certification criteria prescribed by the regulations.
Transition
(6) Despite subsections (1) to (5), the operator of an air ambulance service who, immediately before the day section 12 of Schedule J to the title of the Red Tape Reduction Act, 1999 held a licence to operate an ambulance service shall be deemed to hold a certificate as of that day.
Same
(7) Despite subsections (1) to (5), the operator of a land ambulance service who, immediately before the day section 12 of Schedule J to the Red Tape Reduction Act, 1999 held a licence to operate an ambulance service shall be deemed to hold a certificate as of that day if, on or before that day, the operator has successfully completed the service review program required by the Minister and,
(a)has been selected to provide land ambulance services in accordance with Part III; or
(b)is otherwise entitled to provide land ambulance services under this Act.
Expiry of deemed certificate
(8) The certificate that an operator is deemed to hold under subsection (6) or (7) shall expire on December 31, 2002.
13.Section 9 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 10, is repealed and the following substituted:
Minister to designate certifying authority
9.(1) The Minister shall appoint a person, body or organization as the certifying authority for the purposes of this Act.
Powers and responsibilities
(2) The certifying authority shall,
(a)ensure that all operators meet the certification criteria referred to in subsection 8 (5);
(b)have such powers and responsibilities as may be set out in the appointment; and
(c)be subject to such terms, conditions or limitations as may be specified in the appointment.
Transfer of certain powers
(3) In an appointment under this section, the Minister may delegate to the certifying authority the power to set the fees referred to in subsection 22.1 (1) and may transfer to the certifying authority any of the powers given to the Director under subsection 11 (1).
14.Section 11 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 11, is repealed and the following substituted:
Contravention of certification criteria
11.(1) If an operator has contravened a standard or requirement of this Act or the regulations and the contravention would constitute a failure to meet the certification criteria referred to in subsection 8 (5), the Director may,
(a)order the operator to remedy the contravention within the time frame specified in the order;
(b)subject to section 14, order the operator to complete the certification process referred to in subsection 8 (2) within the time frame specified in the order;
(c)make both orders referred to in clauses (a) and (b); or
(d)make such orders as may be prescribed by regulation.
Copy of order to municipality
(2) If an order is made under subsection (1), the Director shall provide a copy of the order to the upper-tier municipality in which the operator provides land ambulance services as soon as practicable after the order is made.
Revocation of certificate
(3) If an operator is ordered to complete the certification process under clause (1) (b) and fails to successfully complete the certification process within the time frame specified, the certifying authority shall, by order, revoke the operator's certificate.
15.Sections 12 and 13 of the Act are repealed.
16.Section 14 of the Act, as amended by the Statutes of Ontario, 1997, chapter 15, section 1, is repealed and the following substituted:
Notice of order to re-certify
14.(1) If the Director proposes to make an order under clause 11 (1) (b), he or she shall serve notice of the proposal, together with written reasons therefor, on the operator.
Content of notice
(2) A notice under subsection (1) shall inform the operator that the operator is entitled to a hearing by the Board if the operator mails or delivers, within 15 days after service of the notice under subsection (1), notice in writing requiring a hearing to the Director and the Board, and the operator may require such a hearing.
Powers of Director where no hearing
(3) If an operator does not require a hearing by the Board in accordance with subsection (2), the Director may make an order under clause 11 (1) (b).
Powers of Board where hearing
(4) If an operator requires a hearing by the Board in accordance with subsection (2), the Board shall appoint a time for and hold the hearing and, on the application of the Director at the hearing, may by order direct the Director to make an order under clause 11 (1) (b) or to refrain from doing so and to take such action as the Board considers the Director ought to take in accordance with this Act and the regulations.
Extension of time for appeal
(5) The Board may extend the time for the giving of notice requiring a hearing by an operator under this section either before or after expiration of such time where it is satisfied that there are apparent grounds for granting relief to the operator pursuant to a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension.
17.(1) Subsection 15 (1) of the Act is amended by striking out "Director, the applicant or licensee" in the first and second lines and substituting "Director or the operator".
(2) Subsection 15 (2) of the Act is repealed and the following substituted:
Notice of hearing
(2) Notice of a hearing under section 14 shall afford the operator a reasonable opportunity to show that the operator has successfully completed, or is capable of successfully completing, the certification process referred to in subsection 8 (2).
(3) Subsection 15 (3) of the Act is amended by striking out "applicant or licensee" in the first line and substituting "operator".
18.Subsection 17.1 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 34, section 8, is repealed and the following substituted:
Conflict
(2) A by-law passed under this section is without effect to the extent that it conflicts with a regulation or an order made under this Act.
19.Section 19 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 15, is repealed.
20.Section 20 of the Act is repealed.
21.Section 20.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 16, is repealed and the following substituted:
Prohibition, fees
20.1 No person shall charge a fee or a co-payment for or in connection with the provision of ambulance services, whether or not the person is transported by ambulance, unless the fee or co-payment is,
(a)a co-payment authorized under the Health Insurance Act\; or
(b)a fee under this Act.
22.(1) Clause 22 (1) (d) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 18, is repealed and the following substituted:
(d)prescribing the qualifications of persons employed in ambulance services and communication services and respecting the testing and examination, physical or otherwise, of such persons and their duties and obligations;
(d.1)respecting the duties and obligations of upper-tier municipalities and delivery agents.
(2) Clause 22 (1) (e) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 18, is repealed and the following substituted:
(e)providing for the issuing of certificates and prescribing classes of certificates.
(3) Clause 22 (1) (e.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 18, is repealed and the following substituted:
(e.1)respecting the certification process referred to in subsections 8 (2) and (4), prescribing qualifications and eligibility criteria for participation in the certification process and respecting the certification criteria referred to in subsection 8 (5);
(e.1.1)respecting the expiry of certificates and providing that different classes of certificates expire within different time periods.
(4) Section 22 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59, 1997, chapter 15, section 1, 1997, chapter 30, Schedule A, section 18 and 1998, chapter 34, section 9, is further amended by adding the following subsection:
Same
(2.1.1) A regulation under clause (1) (e.3) may,
(a)prescribe the time and manner in which compensation must be paid;
(b)provide that an upper-tier municipality or delivery agent may charge a penalty if payment is late and require the payment of the penalty;
(c)provide that an upper-tier municipality or delivery agent may charge interest if payment is late, require the payment of the interest and either prescribe the interest or method of determining interest or provide that the interest or the method of determining the interest be set by the municipality or delivery agent.
(5) Clause 22 (2.6) (b) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 18 and amended by 1998, chapter 34, section 9, is repealed and the following substituted:
(b)provide that an upper-tier municipality or delivery agent may charge a penalty if payment is late and require the payment of the penalty.
(6) Clause 22 (2.6) (c) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 34, section 9, is repealed and the following substituted:
(c)provide that an upper-tier municipality or delivery agent may charge interest if payment is late, require the payment of the interest and either prescribe the interest or method of determining interest or provide that the interest or the method of determining the interest be set by the municipality or delivery agent.
(7) Section 22 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59, 1997, chapter 15, section 1, 1997, chapter 30, Schedule A, section 18 and 1998, chapter 34, section 9, is further amended by adding the following subsections:
Incorporation
(4) A regulation under subsection (1) may adopt by reference, in whole or in part and with such changes as are considered necessary, any code, standard or document and require compliance with the code, standard or document as adopted.
Rolling incorporation
(5) If a regulation under subsection (4) so provides, a code, standard or document adopted by reference shall be a reference to it as amended from time to time and whether the amendment was made before or after the regulation was made.
23.(1) Subsection 22.0.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 19, is amended by striking out "shall" in the first line and substituting "may".
(2) Clauses 22.0.1 (2.3) (b) and (c) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 34, section 10, are repealed and the following substituted:
(b)provide that an upper-tier municipality or delivery agent may charge a penalty if payment is late and require the payment of the penalty;
(c)provide that an upper-tier municipality or delivery agent may charge interest if payment is late, require the payment of the interest and either prescribe the interest or method of determining interest or provide that the interest or the method of determining the interest be set by the municipality or delivery agent.
24.Subsection 22.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 15, section 1, is repealed and the following substituted:
Fees
(1) The Minister may set fees relating to the issuance of certificates and the certification process prescribed by the regulations.
Health Facilities Special Orders Act
25.The definition of "licence" in section 1 of the Health Facilities Special Orders Act is repealed and the following substituted: "
licence" means a certificate issued under the Ambulance Act to the operator of an ambulance service or any of the following licences:
1.A licence to establish, operate or maintain a nursing home under the Nursing Homes Act.
2.A licence to use a house as a private hospital under the Private Hospitals Act.
3.A licence to establish, operate or maintain a laboratory or specimen collection centre under the Laboratory and Specimen Collection Centre Licensing Act. ("permis")
26.Subsections 3 (1) and (2) of the Act are repealed and the following substituted:
Suspension of licence, etc.
(1) Where the Minister is of the opinion upon reasonable grounds,
(a)that the physical state of a health facility or the manner of operation of the health facility by the licensee is causing or is likely to cause harm to or an adverse effect on the health of any person or impairment of the safety of any person; and
(b)that it is practicable to correct the physical state or the manner of operation, as the case may be, of the health facility so that it will not cause harm to or an adverse effect on the health of any person or impairment of the safety of any person,
the Minister, by a written order, may suspend the licence of a health facility other than an ambulance service, and in the case of an ambulance service may require that the licensee suspend the provision of ambulance services, until the Minister is satisfied that the physical state or the manner of operation, as the case may be, of the health facility has been so corrected.
Content of order
(2) An order under subsection (1) shall state the matters that must be corrected in order to obtain,
(a)in the case of a health facility other than an ambulance service, the removal of the suspension of the licence; or
(b)in the case of an ambulance service, an order permitting the licensee to resume the provision of ambulance services.
27.Subsection 5 (1) of the Act is amended by adding the following clause:
(a.1)make an order requiring the licensee of an ambulance service to suspend the provision of ambulance services.
28.(1) Subsection 7 (1) of the Act is amended by striking out "Where the licence for a health facility is suspended under this Act" at the beginning and substituting "Where either the licence for a health facility is suspended under this Act or the licensee of an ambulance service is required by order under this Act to suspend the provision of ambulance services".
(2) Subsection 7 (1.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 21, is repealed and the following substituted:
Order by Minister, ambulance services
(1.1) Where the licensee of an ambulance service is required by order under this Act to suspend the provision of ambulance services and the Minister is of the opinion that the ambulance service should continue in operation in order to provide temporarily for the health and safety of persons in the community served by the ambulance service, the Minister by a written order, may, rather than taking control of and operating the ambulance service under subsection (1), select a person, who holds a certificate under section 8 of the Ambulance Act, to manage, operate and administer the ambulance service on an interim basis for a period not exceeding six months.
(3) Subsection 7 (3) of the Act is repealed and the following substituted:
Extension
(3) Upon application with notice by the Minister, the Board may by order extend, by successive periods of not more than six months each, the period of time during which the Minister may retain control of and operate a health facility under subsection (1) or the period of time during which a person selected under subsection (1.1) may manage, operate and administer an ambulance service if,
(a)the Board is satisfied that a hearing or an appeal has been commenced under this Act and the proceedings have not been finally disposed of; and
(b)the Minister continues to be of the opinion that the health facility should continue in operation in order to provide temporarily for the health and safety of persons in the community served by the health facility.
(4) Clause 7 (5) (b) of the Act is repealed and the following substituted:
(b)where the licence for the health facility has been suspended under this Act or, in the case of an ambulance service, where the licensee is required by order under this Act to suspend the provision of ambulance services, until the suspension is removed.
29.The Act is amended by adding the following section:
Notice of order
7.0.1 (1) If the Minister makes an order under section 3, 4 or 7 in respect of an ambulance service or if the Minister proposes to take any action described in clause 5 (1) (c) or (d) with respect to an ambulance service, the Minister shall, as soon as practicable after the order is made or the proposal is issued, give notice of the order or proposal to,
(a)if the ambulance service provides services in an upper-tier municipality that is not part of a designated area, the municipality; or
(b)if the ambulance service provides services in a designated area, the delivery agent for the area.
Definitions
(2) In this section, "
delivery agent", "designated area" and "upper-tier municipality" have the same meanings as in the Ambulance Act.
30.Subsection 10 (2) of the Act is amended by striking out "Where the Minister by order suspends the licence for a health facility or by order" at the beginning and substituting "Where the Minister by order either suspends the licence for a health facility, requires the licensee of an ambulance service to suspend the provision of ambulance services or".
31.Subsections 14 (1) and (2) of the Act are repealed and the following substituted:
When order comes into force
(1) An order made under section 3 or 4 of this Act comes into force when it is delivered to the person to whom it is directed and is effective until varied or rescinded on appeal.
No stay of order
(1.1) An order under this Act is not stayed by a hearing or appeal held under this Act.
Effect of notice of proposal to revoke
(2) Where the Minister delivers notice of a proposal to revoke the licence for a health facility other than an ambulance service to the licensee of the health facility, the licence is suspended from the time of the delivery until the expiry of the time for requiring a hearing or, where a hearing is required, the final disposition of the hearing and appeal, if any, in the matter.
Same, ambulance services
(2.1) Where the Minister delivers notice of a proposal to revoke the licence for an ambulance service to the licensee of the ambulance service, the licensee shall suspend the provision of ambulance services from the time of the delivery until the expiry of the time for requiring a hearing or, where a hearing is required, the final disposition of the hearing and appeal, if any, in the matter.
Health Protection and Promotion Act
32.The French version of subsection 15 (3) of the Health Protection and Promotion Act is amended by striking out "rle du percepteur" in the third line and substituting "rle de perception".
Mental Health Act
33.The French version of clause 48 (7) (a) of the Mental Health Act is amended by striking out "le conseil" at the end and substituting "le tribunal".
Commencement
Commencement
34.This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE K
AMENDMENTS PROPOSED BY
MANAGEMENT BOARD SECRETARIAT
Official Notices Publication Act
1.Section 2 of the Official Notices Publication Act is amended by adding the following subsection:
Same
(2) The Queen's Printer may publish in The Ontario Gazette such other notices and information as the Queen's Printer considers advisable.
Public Service Act
2.The Public Service Act is amended by adding the following section:
Conflict of Interest Commissioner
4.1(1) The Lieutenant Governor in Council may, by order, appoint an individual to act as the Conflict of Interest Commissioner.
Powers and duties
(2) The Conflict of Interest Commissioner may exercise such powers and shall perform such duties as are assigned to him or her by the Lieutenant Governor in Council or by the Chair of the Management Board of Cabinet.
Immunity
(3) No proceeding shall be commenced against the Conflict of Interest Commissioner for any act done or omitted in good faith in the execution or intended execution of his or her duties under subsection (2).
Testimony
(4) The Conflict of Interest Commissioner is not a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under subsection (2).
Commencement
Commencement
3.This Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
schedule L
ontario lottery and gaming corporation act, 1999
Interpretation
Definitions
1.In this Act, "
board" means the board of directors of the Corporation; ("conseil") "
casino" means the part of a gaming premises that is used for the purpose of playing or operating games of chance but does not include a charity casino or slot machine facility; ("casino") "
charity casino" means a gaming premises at which the betting limits and number of games of chance do not exceed the prescribed limit; ("casino de bienfaisance") "
Corporation" means the Ontario Lottery and Gaming Corporation; ("Socit") "
game of chance" means a lottery scheme conducted and managed by the Corporation,
(a)that is played on or through a slot machine, or
(b)that is played on tables or on wheels of fortune, including card games, dice games, roulette or keno,
and includes such other lottery schemes as may be prescribed; ("jeu de hasard") "
gaming premises" means a place kept for the purpose of playing or operating games of chance; ("lieu rserv au jeu") "
lottery scheme" has the same meaning as in the Criminal Code (Canada); ("loterie") "
Minister" means the member of the Executive Council designated by the Lieutenant Governor in Council to administer this Act; ("ministre") "
prescribed" means prescribed by a regulation made under this Act; ("prescrit") "
slot machine facility" means a gaming premises where games of chance are operated on or through a slot machine and includes the premises where services ancillary to the games of chance are provided but does not include a casino or a charity casino. ("salle d'appareils sous")
Ontario Lottery and Gaming Corporation
Corporation established
2.(1) A corporation without share capital is hereby established to be known in English as the Ontario Lottery and Gaming Corporation and in French as Socit des loteries et des jeux de l'Ontario.
Composition
(2) The Corporation is composed of at least five members to be appointed by the Lieutenant Governor in Council.
Crown agency
(3) The Corporation is for all its purposes an agent of Her Majesty and all its powers may be exercised only as an agent of Her Majesty.
Fiscal year
(4) The fiscal year of the Corporation is the same as the fiscal year of the Province.
Other Acts
(5) The Corporations Act and the Corporations Information Act do not apply to the Corporation.
Conflict of interest and indemnification
(6) Sections 132 and 136 of the Business Corporations Act apply to the Corporation and to the members of the board.
Objects of the Corporation
3.The following are the objects of the Corporation:
1.To develop, undertake, organize, conduct and manage lottery schemes on behalf of Her Majesty in right of Ontario.
2.To provide for the operation of gaming premises.
3.To ensure that gaming premises are operated and managed in accordance with this Act and the Gaming Control Act, 1992 and the regulations made under the Acts.
4.To provide for the operation of any business that the Corporation considers to be reasonably related to operating a gaming premises, including any business that offers goods and services to persons who play games of chance in a gaming premises.
5.If authorized by the Lieutenant Governor in Council, to enter into agreements to develop, undertake, organize, conduct and manage lottery schemes on behalf of, or in conjunction with, the government of one or more provinces of Canada.
6.To do such other things as the Lieutenant Governor in Council may by order direct.
Powers of the Corporation
4.(1) Except as limited by this Act, the Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects.
Restriction, real property
(2) The Corporation is not authorized to acquire, hold or dispose of any interest in real property except with the approval of the Chair of Management Board and the Minister of Finance and on the terms set by them.
Same, borrowing
(3) The Corporation is not authorized to borrow money on its credit or give security against property except with the approval of the Minister and the Minister of Finance.
Guarantee of loan
(4) Subject to the approval of the Lieutenant Governor in Council, the Minister of Finance may, upon such conditions as he or she considers proper, guarantee, on behalf of Ontario, the repayment of any loan made to the Corporation, together with interest on the loan.
Board of directors
5.(1) The board of the Corporation is composed of the members of the Corporation.
Chair and vice-chair
(2) The Lieutenant Governor in Council may designate a chair and a vice-chair of the board from among the members of the board.
Remuneration
(3) The members of the board shall be paid such remuneration as the Lieutenant Governor in Council determines.
Quorum
(4) A majority of members of the board constitutes a quorum.
Powers of the board
6.The board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the Corporation.
Remuneration of senior employees
7.(1) The remuneration, including salary and benefits, of senior employees of the Corporation must be approved by the Minister.
Employees' pension plan
(2) The Corporation shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as an organization whose employees are required to be members of the Public Service Pension Plan.
No personal liability
8.No action or other proceeding may be instituted against any member of the Corporation or person appointed to the service of the Corporation for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.
Accounting system
9.(1) The Corporation shall establish and maintain an accounting system satisfactory to the Minister of Finance.
Auditor
(2) The board shall appoint one or more auditors licensed under the Public Accountancy Act to audit the accounts and financial transactions of the Corporation annually.
Same
(3) The Minister may at any time require that any aspect of the affairs of the Corporation be audited by an auditor appointed by the Minister.
Annual report
10.(1) Every year, the Corporation shall give the Minister a report on the affairs of the Corporation for the preceding fiscal year and shall include in the report such information as the Minister may specify.
Same
(2) The Minister shall submit the Corporation's annual report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.
Auditor's report
(3) The board shall give the Minister a copy of every auditor's report.
Other reports, etc.
(4) The board shall give the Minister such additional information and reports as the Minister may request.
Access by Corporation to other records
11.(1) The Corporation shall ensure that any person with whom it has entered into a contract to provide for the operation of a gaming premises or a related business is required to make available immediately to the Corporation upon request all reports, accounts, records and other documents in respect of the operation of the gaming premises or related business.
Provincial Auditor
(2) The reports, accounts, records and other documents shall be deemed to form part of the accounts of the Corporation for the purpose of the Audit Act.
Gaming Premises, Lotteries
and Games of Chance
Requirements re gaming premises
12.The Corporation shall not authorize a gaming premises to be established until the Corporation takes the prescribed steps and unless the Corporation requires the prescribed conditions to be met in respect of the proposed gaming premises.
Prohibition, sale of lottery tickets to minors
13.(1) No person who is authorized to sell lottery tickets, and no person acting on such a person's behalf, shall sell a lottery ticket to a person under 18 years of age.
Exception
(2) Subsection (1) is not contravened if the person sells a lottery ticket to a person relying on documentation of a prescribed type and if there is no apparent reason to doubt the authenticity of the documentation or to doubt that it was issued to the person producing it.
Prohibition, games of chance
(3) No person who is under 19 years of age shall enter or remain in a gaming premises, except for a person acting in the course of employment.
Same
(4) The Corporation shall not permit a person under 19 years of age to play a game of chance in a gaming premises.
Prohibition
(5) No person shall enter or remain in a gaming premises contrary to a regulation made under this Act during the playing of a game of chance in the gaming premises.
Offence
(6) A person who contravenes subsection (1), (3) or (5) is guilty of an offence.
Same
(7) Every person who enters or remains in a gaming premises during the playing of a game of chance is guilty of an offence if the Corporation has served a direction on the person in accordance with a regulation made under this Act to leave or not to enter the gaming premises.
Penalty
(8) A person convicted of an offence under this section is liable to a fine of not more than $50,000 in the case of an individual or $250,000 in the case of a person who is not an individual.
Human Rights Code
(9) This section shall be deemed not to infringe the right of a person under section 1 of the Human Rights Code to equal treatment with respect to services, goods and facilities without discrimination because of age.
General
Payments from certain revenue
14.(1) The Corporation shall make the following payments out of the revenue that it receives from lottery tickets, charity casinos and slot machine facilities:
1.Payment of prizes.
2.Payment of the operating expenses of the Corporation.
3.Payments made under agreements approved by the Minister of Finance for the distribution by the Corporation of the proceeds of lottery schemes for the support of activities and programs for the benefit of the people of Ontario.
Payments from net revenue
(2) After making the payments required by subsection (1), the Corporation shall pay the remaining revenue from lottery tickets, charity casinos and slot machine facilities into the Consolidated Revenue Fund at such times and in such manner as the Minister of Finance may direct, to be available for appropriation by the Legislature,
(a)for the promotion and development of physical fitness, sports, recreational and cultural activities and facilities therefor;
(b)for the activities of the Ontario Trillium Foundation;
(c)for the protection of the environment;
(d)for the provision of health care, including the operation of hospitals and the provision of programs for problem gambling;
(e)for the activities and objectives of charitable organizations and non-profit corporations; and
(f)for the funding of community activities and programs.
Unappropriated amounts
(3) The net profits of the Corporation paid into the Consolidated Revenue Fund in a fiscal year of Ontario under subsection (2) and not appropriated in that fiscal year for one or more of the purposes set out in that subsection shall be applied to the operation of hospitals, and shall be accounted for in the Public Accounts of Ontario as part of the money appropriated by the Legislature in the fiscal year for the operation of hospitals.
Payment from casinos
(4) The Corporation shall make payments out of the revenue that it receives from the operation of casinos in accordance with the following priorities:
1.Payment of winnings to players.
2.Payments that the regulations made under this Act require the Corporation to make to the Consolidated Revenue Fund.
3.Payment of the operating expenses of the Corporation.
4.Payment of money to the Alcohol and Gaming Commission of Ontario under subsection 8 (2) of the Alcohol and Gaming Regulation and Public Protection Act, 1996.
5.Payments required to be made under any agreement entered into by the Corporation with the consent of the Minister of Finance for the distribution of money received from Casino Rama.
Same, net revenues
(5) After making the payments required by subsection (4), the Corporation shall pay the remaining revenue from the operation of casinos into the Consolidated Revenue Fund at such times and in such manner as the Minister of Finance may direct.
Regulations
15.(1) The Lieutenant Governor in Council may make regulations,
(a)defining words and expressions used in this Act that are not defined in this Act;
(b)regulating lottery schemes conducted and managed by the Corporation;
(c)prescribing the conditions and qualifications to entitlement to prizes in any lottery scheme conducted and managed by the Corporation;
(d)prescribing requirements for the establishment of a gaming premises;
(e)prohibiting classes of individuals from entering or remaining in a gaming premises during the playing of games of chance in the premises;
(f)prescribing requirements for the service of directions for the purposes of subsection 13 (7) and the date on which the service shall be deemed to have been made;
(g)requiring the Corporation to pay into the Consolidated Revenue Fund a specified percentage of the revenue that it receives from the operation of casinos under this Act after paying winnings to players, and prescribing the time for making such payments;
(h)exempting any person or premises from any requirement of this Act or a regulation, subject to such conditions as may be prescribed;
(i)respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
Same
(2) The Statutory Powers Procedure Act does not apply to the exercise of the power to make regulations under clause (1)(e).
Same
(3) The percentage of revenue prescribed for the purposes of clause (1) (g) must not exceed 20 per cent.
Classes
(4) A regulation may establish different requirements for different classes of person, premises or activity.
Transitional Provisions
Assets and liabilities
16.(1) On the day this section come into force,
(a)all rights, property and assets of the Ontario Lottery Corporation and the Ontario Casino Corporation immediately before this section comes into force become the rights, property and assets of the Corporation; and
(b)the Corporation becomes liable to pay and discharge all the debts, liabilities and obligations of the Ontario Lottery Corporation and the Ontario Casino Corporation that existed immediately before that day.
Agreements
(2) Any agreement or instrument in effect immediately before this section comes into force to which the Ontario Lottery Corporation or the Ontario Casino Corporation is a party has effect on and after this section comes into force as if,
(a)the Corporation were substituted for the Ontario Lottery Corporation or the Ontario Casino Corporation, as the case requires, as a party to the agreement or instrument; and
(b)any reference in the agreement or instrument to the Ontario Lottery Corporation or the Ontario Casino Corporation were a reference to the Corporation.
Same
(3) Subsection (2) does not constitute a breach, termination or repudiation of the agreement or instrument or the frustration of the agreement or instrument, or an event of default or force majeure.
Continued status of board members
17.(1) The appointment of any member of the board of the Ontario Lottery Corporation or the Ontario Casino Corporation in effect immediately before this section comes into force shall be deemed to be an appointment to the Corporation.
Same, employees
(2) Persons who are employees of the Ontario Lottery Corporation or the Ontario Casino Corporation immediately before this section comes into force are employees of the Corporation when this section comes into force.
Benefits
(3) Service with the Ontario Lottery Corporation and the Ontario Casino Corporation of an employee shall be deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract.
No constructive dismissal
(4) An employee appointed to the Corporation under subsection (2) shall be deemed not to have been constructively dismissed from the Ontario Lottery Corporation or the Ontario Casino Corporation.
Outstanding proceedings
18.On the day this section comes into force, the Corporation becomes a party to each ongoing proceeding to which the Ontario Lottery Corporation or the Ontario Casino Corporation is a party immediately before this section comes into force, replacing the Ontario Lottery Corporation and the Ontario Casino Corporation.
Complementary Amendments and Repeals
Gaming Control Act, 1992
19.(1) The definition of "casino" in subsection 1 (1) of the Gaming Control Act, 1992, as enacted by the Statutes of Ontario, 1993, chapter 25, section 26, is repealed.
(2) The definition of "game of chance" in subsection 1 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 25, section 26 and amended by 1996, chapter 26, section 4, is repealed and the following substituted: "
game of chance" means,
(a)a lottery scheme for which a licence is required, or
(b)a lottery scheme prescribed by the regulations which is conducted and managed by the Ontario Lottery and Gaming Corporation under the authority of paragraph 207 (1) (a) of the Criminal Code (Canada). ("jeu de hasard")
(3) Subsection 3.6 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 30, is repealed and the following substituted:
Exclusion of individuals
(1) In accordance with the regulations, the Commission may issue a written direction to the Ontario Lottery and Gaming Corporation requiring it to refuse access to its gaming premises to any individual who meets the criteria prescribed by the regulations.
(4) Subsection 3.6 (4) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 30, is amended by striking out "to a casino" and substituting "to gaming premises".
(5) Subsection 3.6 (6) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 30, is amended by striking out "in a casino" and substituting "in gaming premises of the Ontario Lottery and Gaming Corporation".
(6) Section 3.7 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 30, is repealed and the following substituted:
Rules of play
3.7 The Commission may approve in writing rules of play for the playing of games of chance conducted and managed by the Ontario Lottery and Gaming Corporation if the regulations have not prescribed rules of play.
(7) Subsection 4 (1.01) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 26, section 4, is repealed.
(8) Subsection 4 (1.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 31, is repealed and the following substituted:
Same
(1.1) Except as provided in this Act and the regulations, no person shall provide goods or services for a game of chance conducted and managed by the Ontario Lottery and Gaming Corporation or for any other business operated by, or on behalf of, or under contract with the Ontario Lottery and Gaming Corporation operated in conjunction with such a game of chance unless,
(a)the person is registered as a supplier; and
(b)the person is providing those goods or services to the Ontario Lottery and Gaming Corporation or a registered supplier.
(9) Section 4 of the Act, as amended by the Statutes of Ontario, 1993, chapter 25, section 31 and 1996, chapter 26, section 4, is further amended by adding the following subsection:
Prescribed requirements
(6) If the Ontario Lottery and Gaming Corporation operates gaming premises, it shall do so in accordance with the prescribed requirements for operating such a premises.
(10) Clause 5 (1) (b) of the Act is repealed and the following substituted:
(b)the person is supplying those services to a registered supplier or to the Ontario Lottery and Gaming Corporation, as named in the gaming assistant's registration.
(11) Clause 5 (4) (a) of the Act is repealed and the following substituted:
(a)the person is the Ontario Lottery and Gaming Corporation or a registered supplier; and
. . . . .
(12) Section 9 of the Act, as amended by the Statutes of Ontario, 1993, chapter 25, section 32, is further amended by adding the following subsections:
Same
(1.1) The Registrar may make such inquiries and conduct such investigations into the character, financial history and competence of persons proposed to be members of the Board of the Ontario Lottery and Gaming Corporation and such employees of the Corporation as the Registrar determines exercise significant decision-making authority with respect to the conduct, management or operation of games of chance.
Rights
(1.2) A person who is the subject of an inquiry or investigation under subsection (1.1) has such rights as may be prescribed by regulation, in addition to the person's other rights at law.
(13) Subsection 22 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 25, section 36, is further amended by striking out "other than a casino" in the 1993 amendment and substituting "other than premises kept for the playing of games of chance conducted and managed by the Ontario Lottery and Gaming Corporation".
(14) Subsection 22 (2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 36, is amended by striking out the portion before clause (a) and substituting the following:
Same, games of chance
(2) No registered supplier who provides services related to the operation of premises kept for playing games of chance conducted and managed by the Ontario Lottery and Gaming Corporation or registered gaming assistant who provides services to the Corporation or a registered supplier shall permit the playing of games of chance in the premises except in accordance with,
. . . . .
(15) Clause 22 (2) (b) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 36, is amended by striking out "for the casino" and substituting "for games of chance".
(16) Section 22.1 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 37, is amended by,
(a)striking out "of a casino" in the second line and substituting "of a game of chance conducted and managed by the Ontario Lottery and Gaming Corporation"\; and
(b)striking out "games of chance held in the casino" in the sixth line and substituting "the games of chance".
(17) Subsection 46 (2) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 26, section 4, is amended by striking out "or (5)" in the fourth line and substituting "(5) or (6)".
(18) Clause 48 (1) (m.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 43, is repealed and the following substituted:
(m.1)prescribing rules governing the use of credit extended to players of games of chance.
Repeals
20.The following are repealed:
1.The Ontario Lottery Corporation Act.
2.The Ontario Lottery Corporation Amendment Act, 1992.
3.The Ontario Casino Corporation Act, 1993.
4.Sections 5 and 6 of the Alcohol, Gaming and Charity Funding Public Interest Act, 1996.
5.Sections 34 to 40 of the Tax Cuts for People and for Small Business Act, 1998.
6.Section 89 of the Tax Credits and Revenue Protection Act, 1998.
Commencement and Short Title
Commencement
21.This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
22.The short title of the Act set out in this Schedule is the Ontario Lottery and Gaming Corporation Act, 1999.
SCHEDULE M
AMENDMENTS PROPOSED BY THE MINISTRY OF
MUNICIPAL AFFAIRS AND HOUSING
Building Code Act, 1992
1.Subsection 1 (1) of the Building Code Act, 1992, as amended by the Statutes of Ontario, 1997, chapter 24, section 224 and 1997, chapter 30, Schedule B, section 1, is further amended by adding the following definition: "
planning board" means a planning board established under section 9 or 10 of the Planning Act.("conseil d'amnagement")
2.(1) Subsection 3.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended by inserting "a planning board" after "board of health" in the first line.
(2) Subsection 3.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended by inserting "planning board" after "board of health" in the first line and in the fifth line.
(3) Subsection 3.1 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended by inserting "planning board" after "board of health" in the fifth line.
(4) Subsection 3.1 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended by inserting "planning board" after "board of health" in the first line.
(5) Subsection 3.1 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3, is amended,
(a)by inserting "planning board or" before "conservation authority" in the second line; and
(b)by inserting "planning board" after "board of health" in the last line.
3.Section 7 of the Act, exclusive of the clauses, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 6, is repealed and the following substituted:
By-laws, regulations
7.The council of a municipality or of a county that has entered into an agreement under subsection 3 (5) or a board of health prescribed for the purposes of section 3.1 may pass by-laws, a planning board prescribed for the purposes of section 3.1 may pass resolutions and a conservation authority prescribed for the purposes of section 3.1 or the Lieutenant Governor in Council may make regulations, applicable in the area in which the municipality, county, board of health, planning board, conservation authority or the Province of Ontario, respectively, has jurisdiction for the enforcement of this Act,
. . . . .
4.The Act is amended by adding the following section:
Non-application of Regulations Act
7.1 A regulation made by a conservation authority under section 7 is not a regulation within the meaning of the Regulations Act.
5.(1) Clause 8 (3) (c) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 7, is further amended by striking out the portion before subclause (i) and substituting the following:
(c)the applicant and such other person as the chief building official determines agree in writing with the municipality, county, board of health, planning board, conservation authority or the Crown in right of Ontario to,
. . . . .
(2) Subsection 8 (5) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 7, is repealed and the following substituted:
Registration
(5) Any agreement entered into under clause (3) (c) may be registered against the land to which it applies and the municipality, county, board of health, planning board, conservation authority or the Province of Ontario, as the case may be, is entitled to enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.
6.(1) Subsection 15 (9) of the Act, as amended by the Statutes of Ontario, 1997, chapter 24, section 224, is repealed and the following substituted:
Municipal lien
(9) If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the renovation, repair, demolition or other action under clause (5) (b) and the amount shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes.
(2) Subsection 15 (10) of the Act is amended by striking out "or demolition" in the third line and substituting "demolition or other action".
7.Subsection 17 (4) of the Act is repealed and the following substituted:
No liability
(4) Despite subsection 31 (2), the Crown, a municipal corporation, a county corporation, a board of health, a planning board or a conservation authority or a person acting on behalf of any of them is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the chief building official or an inspector in the reasonable exercise of his or her powers under subsection (3).
8.The Act is amended by adding the following section:
Recovery of expenditures
17.1 (1) This section applies if money is spent by a board of health, planning board or conservation authority or, in the circumstances described in subsection (2), by the Crown or a county or, in the circumstances described in subsection (4), by a municipality,
(a)to carry out a removal and restoration under subsection 8 (6);
(b)to carry out a renovation, repair, demolition or other action under clause 15 (5) (b); or
(c)to perform remedial or other work under subsection 17 (1) where the amount spent is determined to be recoverable by a judge under subsection 17 (8).
In municipalities
(2) If the building in respect of which money was spent is in a municipality,
(a)the county, board of health, planning board, conservation authority or the Crown may instruct the municipality to recover the amount spent;
(b)subsection 8 (7), 15 (9) or 17 (10), as the case may be, applies to the collection of the amount; and
(c)the money collected, less the costs reasonably attributable to the collection, shall be paid by the municipality to the county, board of health, planning board, conservation authority or the Crown.
Not interest of the Crown
(3) Where the Crown instructs the municipality under clause (2) (a) to recover the amount spent, the lien referred to in subsection 8 (7), 15 (9) or 17 (10) is not an estate or interest of the Crown within the meaning of clause 9 (5) (b) of the Municipal Tax Sales Act.
In territory without municipal organization
(4) If the building in respect of which money was spent is in territory without municipal organization,
(a)the municipality, board of health, planning board or conservation authority may instruct the land tax collector appointed under the Provincial Land Tax Act to recover the amount spent;
(b)subsection 8 (8), 15 (10) or 17 (11), as the case may be, applies to the collection of the amount; and
(c)the money collected, less the costs reasonably attributable to the collection, shall be paid by the Crown to the municipality, board of health, planning board or conservation authority.
9.(1) Subsection 29 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 14, is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:
(c)approving the use of a material, system or building design in a manner consistent with a decision of the Building Code Commission relating to the material, system or building design.
(2) Subsections 29 (5) and (6) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 14, are repealed and the following substituted:
Application
(5) A ruling of the Minister under clause (1) (a) or (c) entitles a person to use the approved material, system or building design in all of Ontario unless the ruling states otherwise.
Approved materials
(6) The use of an approved material, system or building design in the manner approved in a ruling under clause (1) (a) or (c) shall be deemed not to be a contravention of the building code.
10.Subsection 31 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 15, is repealed and the following substituted:
Liability
(2) Subsection (1) does not relieve the Crown, a municipal corporation, a county corporation, a board of health, a planning board or a conservation authority of liability in respect of a tort committed by their respective chief building official or inspectors to which they would otherwise be subject and the Crown, municipal or county corporation, board of health, planning board or conservation authority is liable for any such tort as if subsection (1) were not enacted.
11.(1) Paragraph 29 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17, is amended by inserting "planning boards" after "boards of health" in the first line.
(2) Paragraph 37 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17, is amended by adding the following subparagraph:
viii.the transfer of responsibilities involving any municipality or any board of health, conservation authority or planning board prescribed under section 3.1.
Canadian National Exhibition Association Act, 1983
12.Clause 1 (d) of the Canadian National Exhibition Association Act, 1983, being chapter Pr23, is repealed and the following substituted:
(d)"Municipality" means the City of Toronto.
13.Subsection 5 (2) of the Act is repealed and the following substituted:
Composition
(2) The Municipal Section shall consist of,
(a)17 members of the council of the Municipality who shall be appointed by the council each year;
(b)one representative, appointed annually, of each of the,
(i)City of Toronto Convention and Visitors Association,
(ii)Toronto Parking Authority,
(iii)Toronto Hydro-Electric Commission,
(iv)Toronto Harbour Commissioners,
(v)Toronto Transit Commission,
(vi)Toronto Zoo, and
(vii)board of directors of Ontario Place Corporation;
(c)the mayor of the Municipality, one staff member of the Municipality, the chief of police of the Municipality;
(d)two representatives appointed by the school boards having jurisdiction in the Municipality; and
(e)15 persons appointed by the council of the Municipality from the community at large who are not members of council.
14.Clause 6 (1) (a) of the Act is amended by striking out "the Chairman of the council of the Municipality" in the first line.
Housing Development Act
15.Subsections 14 (1), (2) and (3) of the Housing Development Act are repealed and the following substituted:
Status of Ontario Mortgage Corporation
(1) Ontario Mortgage Corporation (known, before August 19, 1974, as Housing Corporation Limited) is a corporation continued under the Business Corporations Act and an agent of the Crown in right of Ontario.
Power to issue bonds
(2) Ontario Mortgage Corporation may issue notes, bonds or debentures.
Purchase, guarantee or advance by Minister of Finance
(3) The Lieutenant Governor in Council may authorize the Minister of Finance to,
(a)purchase or guarantee the payment of any notes, bonds or debentures issued by Ontario Mortgage Corporation;
(b)make advances to Ontario Mortgage Corporation in the amounts, at the times and on the conditions the Lieutenant Governor in Council considers expedient.
Guarantee or indemnification by Ontario Mortgage Corporation
(3.1) Ontario Mortgage Corporation may, subject to the approval of the Lieutenant Governor in Council,
(a)guarantee a loan to which this subsection applies; or
(b)agree to indemnify a person who makes such a loan.
Same
(3.2) Subsection (3.1) applies to a loan that is used,
(a)to undertake a building development; or
(b)to acquire or to acquire and rehabilitate a housing unit.
London-Middlesex Act, 1992
16.Part III of the London-Middlesex Act, 1992 is repealed.
Municipal Act
17.(1) Subsections 297 (3), (10) and (14) of the Municipal Act are repealed.
Transition
(2) All money received by a municipality from the selling or leasing of a stopped-up highway or part of a highway and paid into a special account under subsection 297 (14) of the Municipal Act, as it read immediately before its repeal under this section, may be used by the municipality for any purpose for which it has authority to spend funds.
18.Subsections 305 (2) and (4) of the Act are repealed.
19.The French version of section 318 of the Act is amended by striking out " l'extrieur d'un territoire non organis en municipalit" in the fourth, fifth and sixth lines and substituting "ne faisant pas partie d'une municipalit".
20.(1) Subsection 400 (8) of the Act, as amended by the Statutes of Ontario, 1997, chapter 29, section 45, is repealed and the following substituted:
Costs
(8) The costs chargeable in respect of any distress and levy are those payable to bailiffs under the Bailiffs Act.
(2) Subsection 400 (10) of the Act is repealed and the following substituted:
Penalty
(10) If any person contravenes subsection (9) or levies a greater sum than is authorized under subsection (8), proceedings may be taken against that person by the aggrieved party in the same manner as may be taken under sections 16.2 and 16.3 of the Bailiffs Act.
Planning Act
21.Subsection 4 (1) of the Planning Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 4, is further amended by inserting "and section 50 of the Condominium Act," after "Act" in the fourth line and by striking out "under section 50 of the Condominium Act, under subsection 297 (10) and subsection 305 (2) of the Municipal Act, under subsection 88 (3) of the Registry Act and under section 146 of the Land Titles Act" in the seventh, eighth, ninth, tenth, eleventh and twelfth lines.
22.(1) Clause 17 (13) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is repealed and the following substituted:
(c)a local municipality that is not within a territorial district and does not form part of a county, regional or district municipality or the County of Oxford for municipal purposes, excluding the Township of Pelee; and
. . . . .
(2) Clause 17 (29) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is amended by inserting "within 15 days after the last day for filing a notice of appeal" after "authority" in the third line.
(3) Section 17 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is amended by adding the following subsections:
Exception
(29.1) Despite clause (29) (b), if all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn within 15 days after the last day for filing a notice of appeal, the municipality is not required to forward the materials described under clauses (29) (b) and (d) to the Municipal Board and under clause (29) (c) to the appropriate approval authority.
Where appeals withdrawn
(29.2) If all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (30) (a) and (b) apply.
. . . . .
Exception
(42.1) Despite clause (42) (b), if all appeals in respect of all or part of the plan are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, the approval authority is not required to forward the materials described under clauses (42) (b) and (c) to the Municipal Board.
Appeals withdrawn, decision
(42.2) If all appeals made under subsection (36) in respect of all or part of the decision of the approval authority are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (39) (a) and (b) apply.
Appeals withdrawn, plan
(42.3) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be.
23.(1) Clause 22 (9) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by inserting "within 15 days after the notice is received" after "authority" in the third line.
(2) Section 22 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by adding the following subsections:
Exception
(9.1) Despite clause (9) (b), if all appeals under subsection (7) are withdrawn within 15 days after the notice of appeal is filed, the municipality or planning board is not required to forward the materials described under clauses (9) (b) and (d) to the Municipal Board or under clause (9) (c) to the appropriate approval authority.
Appeals withdrawn, amendment
(9.2) If all appeals under clause (7) (a), (b), (c) or (d) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the council or planning board may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be.
Decision final
(9.3) If all appeals under clause (7) (e) or (f) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or planning board is final on the day that the last outstanding appeal has been withdrawn.
24.The French version of subsection 24 (1) of the Act is amended by striking out "Si, malgr une autre loi gnrale ou spciale" in the first and second lines and substituting "Malgr toute autre loi gnrale ou spciale, si".
25.(1) Subsection 34 (11.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 53, is repealed and the following substituted:
Withdrawal of appeal
(11.1) If all appeals under subsection (11) are withdrawn, the secretary of the Municipal Board shall notify the clerk of the municipality and the decision of the council is final and binding or the council may proceed to give notice of the public meeting or pass or refuse to pass the by-law, as the case may be.
(2) Section 34 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 53, 1994, chapter 23, section 21 and 1996, chapter 4, section 20, is further amended by adding the following subsections:
Exception
(23.2) Despite clause (23) (b), if all appeals under subsection (19) are withdrawn within 15 days after the last day for filing a notice of appeal, the municipality is not required to forward the materials described under clauses (23) (b) and (c) to the Municipal Board.
Decision final
(23.3) If all appeals to the Municipal Board under subsection (19) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council is final and binding.
26.Section 45 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 56, 1994, chapter 23, section 26 and 1996, chapter 4, section 25, is further amended by adding the following subsections:
Exception
(13.1) Despite subsection (13), if all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the secretary-treasurer is not required to forward the materials described under subsection (13) to the Municipal Board.
Decision final
(13.2) If all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the committee is final and binding and the secretary-treasurer of the committee shall notify the applicant and file a certified copy of the decision with the clerk of the municipality.
27.(1) Clause 50 (1) (a.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed.
(2) Clause 50 (1) (c) of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 27, is repealed and the following substituted:
(c)where land is situate in a local municipality that is not within a territorial district and does not form part of a county, regional or district municipality or the County of Oxford for municipal purposes, a consent given by the council of the local municipality.
(3) Subsection 50 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 15, section 41, 1994, chapter 23, section 29, 1996, chapter 4, section 27 and 1997, chapter 26, Schedule, is further amended by striking out "or" at the end of clause (d), by adding "or" at the end of clause (e) and by adding the following clause:
(f)except as otherwise provided in clauses (a), (b), (c), (d) and (e), a consent given by the Minister.
28.(1) Subsection 51 (3) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is repealed and the following substituted:
Minister is approval authority
(3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1.
(2) Subsection 51 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30 and amended by 1997, chapter 26, Schedule, is repealed and the following substituted:
Local municipalities not in upper-tier municipality
(4) Subject to subsection (2), if land is in a local municipality that is not within a territorial district and does not form part of a county or regional or district municipality or the County of Oxford for municipal purposes, the local municipality is the approval authority for the purposes of this section and section 51.1.
(3) Section 51 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30 and amended by 1996, chapter 4, section 28, 1997, chapter 26, Schedule and 1997, chapter 31, section 164, is further amended by adding the following subsections:
Exception
(35.1) Despite clause (35) (b), if all appeals under subsection (34) are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority is not required to forward the materials described under clause (35) (b) to the Municipal Board.
Where all appeals withdrawn
(35.2) If all appeals under subsection (34) are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority may proceed to make a decision under subsection (31).
. . . . .
Exception
(50.1) Despite clause (50) (b), if all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the approval authority is not required to forward the materials described under clause (50) (b) to the Municipal Board.
Deemed decision
(50.2) If all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44).
. . . . .
Final approval
(56.1) If, on an appeal under subsection (34) or (39), the Municipal Board has given approval to a draft plan of subdivision, the Board may, by order, provide that the final approval of the plan of subdivision for the purposes of subsection (58) is to be given by the approval authority in which the land is situate.
Change of conditions
(56.2) If the final approval of a plan of subdivision is to be given under subsection (56.1), the Municipal Board may change the conditions of the approval of the draft plan of subdivision under subsection (44) at any time before the approval of the final plan of subdivision by the approval authority.
29.Section 53 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32 and amended by 1996, chapter 4, section 29, is further amended by adding the following subsections:
Exception
(16.1) Despite clause (15) (b), if all appeals under subsection (14) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (15) (b) to the Municipal Board.
Where all appeals withdrawn
(16.2) If all appeals under subsection (14) are withdrawn within 15 days after the last day for filing a notice of appeal, the council or the Minister may proceed to make a decision under subsection (1).
. . . . .
Exception
(29.1) Despite clause (28) (b), if all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (28) (b) to the Municipal Board.
Decision final
(29.2) If all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or the Minister, subject to subsection (23), to give or refuse to give a provisional consent is final.
30.Section 63 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 32, is amended by striking out "a land division committee" in the second and third lines.
Regional Municipalities Act
31.Subsection 97 (4) of the Regional Municipalities Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 227 is amended by,
(a)inserting "a planning board established under section 9 or 10 of the Planning Act, a board of health or a conservation authority" after "Corporation" in the second line; and
(b)inserting "planning board, board of health or conservation authority" after "Corporation" in the last line.
Registry Act
32.Subsection 88 (3) of the Registry Act is repealed.
Commencement
Commencement
33.(1) Subject to subsection (2), this Schedule comes into force on the day that the Red Tape Reduction Act, 1999 receives Royal Assent.
Same
(2) Section 20 of this Schedule comes into force on the later of,
(a)the day on which section 14 of Schedule E to the Red Tape Reduction Act, 1998 comes into force; and
(b)the day the Red Tape Reduction Act, 1999 receives Royal Assent.
SCHEDULE N
AMENDMENTS PROPOSED BY THE
MINISTRY OF NATURAL RESOURCES
Aggregate Resources Act
1.(1)Section 12.1 of the Aggregate Resources Act, as enacted by the Statutes of Ontario, 1996, chapter 30, section 10, is repealed and the following substituted:
Zoning
12.1(1)No licence shall be issued for a pit or quarry if a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries.
Doubt as to zoning
(2)If the Minister is in doubt as to whether a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries, he or she may serve on the applicant a notice to that effect.
Application to court
(3)An applicant who is served with a notice is entitled, within 30 days after the notice is served, to make an application to the Superior Court of Justice for a judgment declaring that no zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries.
(2)Section 49 of the Act is repealed.
(3)Subsection 63(1)of the Act is amended by striking out "Ontario Court (General Division)" in the seventh and eighth lines and substituting "Superior Court of Justice".
(4)Subsections 66 (1), (2), (3) and (4) of the Act are repealed and the following substituted:
Act overrides municipal by-laws, etc.
(1)This Act, the regulations and the provisions of licences and site plans apply despite any municipal by-law, official plan or development agreement and, to the extent that a municipal by-law, official plan or development agreement deals with the same subject-matter as this Act, the regulations or the provisions of a licence or site plan, the by-law, official plan or development agreement is inoperative.
Same
(2)Subsection(1)applies even if the by-law, official plan or development agreement came into force before the day subsection 1 (4) of Schedule N to the Red Tape Reduction Act, 1999 came into force.
Power to pass by-laws restricted
(3)Except as provided in paragraph 142 of section 210 of the Municipal Act, no by-law passed under that Act may prohibit or require a licence for the carrying on or operating of a pit or quarry or wayside pit or quarry.
Same
(4)Subsection (3) applies even if the by-law came into force before the day subsection 1 (4) of Schedule N to the Red Tape Reduction Act, 1999 came into force.
(5)Section 67 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 126 and 1996, chapter 30, section 53, is further amended by adding the following subsection:
Adoption by reference
(3)A regulation made under subsection(1)may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, standard or guideline, as it reads at the time the regulation is made or as amended from time to time.
Fish Inspection Act
2.(1)Subsection 6 (2) of the Fish Inspection Act is repealed.
(2)Subsection 7 (2) of the Act is repealed and the following substituted:
Arrest without warrant
(2)An inspector may arrest without warrant a person that he or she believes on reasonable grounds is committing, has committed or is preparing to commit an offence under subsection (1).
Necessary force
(3)An inspector may use as much force as is necessary to make an arrest under subsection (2).
Release
(4)If an inspector arrests a person under subsection (2), he or she shall, as soon as practicable, release the person from custody, unless the inspector has reasonable grounds to believe that,
(a)it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to,
(i)establish the identity of the person,
(ii)secure or preserve evidence of or relating to the offence, or
(iii)prevent the continuation or repetition of the offence or the commission of another offence; or
(b)the person arrested, if released, will not respond to the summons or offence notice or will not appear in court.
Person to be taken before justice
(5)Section 150 of the Provincial Offences Act applies if the person arrested is not released.
(3)Section 9 of the Act is repealed and the following substituted:
Offence
9.(1)Every person who contravenes any of the provisions of this Act or the regulations is guilty of an offence and is liable on conviction to,
(a)in the case of an individual, a fine of not more than $25,000, or to imprisonment for a term of not more than two years, or to both; and
(b)in the case of a corporation, a fine of not more than $100,000.
Corporations
(2)If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.
(4)The Act is amended by adding the following section:
Limitation period
10.1 A prosecution for an offence under this Act,
(a)shall not be commenced more than two years after the day evidence of the offence first came to the attention of an inspector; and
(b)shall not be commenced more than three years after the offence was committed.
Forest Fires Prevention Act
3.(1)Section 12 of the Forest Fires Prevention Act is repealed and the following substituted:
Fires in restricted fire zones
12.No person shall start a fire outdoors in a restricted fire zone,
(a)except in accordance with a permit issued under the regulations; or
(b)unless the fire is for the purpose of cooking or obtaining warmth and the fire is in a stove or installation of a kind prescribed by the regulations.
(2)Section 14 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 1, is repealed.
(3)Section 18 of the Act is repealed and the following substituted:
Power of officer as to fire dangers
18.(1)If an officer finds on any land, building, structure or equipment a condition or activity that, in his or her opinion, may cause danger to life or property from fire, the officer may make an order requiring the owner or person in control of the land, building, structure or equipment, the person who caused the condition, or any person engaged in or responsible for the activity to take such action, within the time specified by the order, as the officer considers necessary to eliminate or reduce the danger.
Action by officer
(2)If the person against whom an order is made under subsection(1)does not comply with the order, the officer, with such assistants as he or she requires, may take such action as the officer considers necessary to eliminate or reduce the danger.
Cost
(3)The cost and expenses of any action taken by an officer and his or her assistants under subsection (2) shall be paid by the person against whom the order was made and are recoverable by the Crown in right of Ontario in any court of competent jurisdiction.
(4)The Act is amended by adding the following section:
Cost of controlling and extinguishing fires
21.1(1)If a fire is caused by or results from the conduct of a person or is caused by or results from a person disobeying, refusing or neglecting to carry out any of the provisions of this Act or the regulations, any order made under this Act or the regulations or any condition of any permit issued under this Act or the regulations, the cost and expenses of any action taken under this Act shall be paid by the person and are recoverable in any court of competent jurisdiction by the person who incurred the cost and expenses.
Cost paid by municipality
(2)If, under subsection 21 (1), a municipality has paid the Crown in right of Ontario for cost and expenses incurred by the Ministry, the municipality shall, for the purpose of subsection (1), be deemed to be the person who incurred the cost and expenses.
(5)Section 30 of the Act is amended by striking out "a firearm or flare" in the first and second lines and substituting "a firearm, a flare or fireworks".
(6)Section 34 of the Act is repealed and the following substituted:
Railways
34.The provisions of the Railway Safety Act (Canada) and the regulations made under that Act that relate to the prevention and control of fires apply with necessary modifications to any railway that is subject to the legislative jurisdiction of the Province of Ontario.
(7)Subsection 35(1)of the Act is amended by striking out "and such person is also liable to the Crown in right of Ontario for any cost and expenses incurred by the Ministry in endeavouring to control or extinguish any fire caused by or resulting from such disobedience, refusal or neglect" in the ninth, tenth, eleventh, twelfth, thirteenth and fourteenth lines.
(8)Subsection 35 (2) of the Act is repealed and the following substituted:
Recovery of expenses
(2)On the request of the prosecutor, the court that convicts a person of an offence under subsection(1)may determine the amount, if any, that the person is required to pay under subsection 18 (3) or 21.1 (1), and may order the person to pay that amount, up to the monetary limit of the Small Claims Court, to the person entitled.
Enforcement
(2.1)An order under subsection (2) may be enforced in the same manner as an order of the Small Claims Court.
(9)Clause 36 (d) of the Act is repealed and the following substituted:
(d)designating kinds of stoves and installations for the purpose of section 12 and governing their use in restricted fire zones.
(10)Section 37 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 19, is amended by adding the following subsections:
Notice of order
(3)The Minister shall provide for such notice as he or she considers necessary of any order made under clause(1)(a) or (b) in such newspapers and other media as the Minister considers appropriate.
Proof of order
(4)A document that purports to be an order made by the Minister under subsection(1)or that purports to be a copy of an order made by the Minister under subsection(1)is admissible in evidence as proof of the making of the order and of the order's contents, in the absence of evidence to the contrary.
Niagara Escarpment Planning and Development Act
4.(1)The definition of "Niagara Escarpment Plan" in section 1 of the Niagara Escarpment Planning and Development Act is amended by striking out "approved by the Lieutenant Governor in Council" in the third and fourth lines and substituting "as approved by the Lieutenant Governor in Council under this Act on June 12, 1985 and amended and revised in accordance with this Act".
(2)Section 4 of the Act is repealed and the following substituted:
Advisory committee
4.(1)The Minister shall establish an advisory committee, consisting of such persons as the Minister appoints who are broadly representative of the people of the Niagara Escarpment Planning Area, to advise and make recommendations to the Minister, through the Commission, in respect of the amendment and implementation of the Niagara Escarpment Plan and to perform any other function given to the committee by the Minister.
Additional advisory committees
(2)The Minister may establish additional advisory committees, consisting of such persons as the Minister appoints, to advise and make recommendations to the Minister, through the Commission, in respect of the amendment and implementation of the Niagara Escarpment Plan and to perform any other function given to the committees by the Minister.
(3)The Act is amended by adding the following section:
Amendments to Plan
6.1(1)An amendment to the Niagara Escarpment Plan may be initiated by the Minister or by the Commission, and application may be made to the Commission by any person, ministry or municipality requesting an amendment to the Plan.
Material to accompany application
(2)An application to the Commission by a person, ministry or municipality requesting an amendment to the Plan shall include a statement of the justification for the amendment and shall be accompanied by research material, reports, plans and the like that were used in the preparation of the amendment.
Rejection of certain applications
(3)Where, in the opinion of the Commission, an application for an amendment does not disclose a planning justification for the amendment, is not in the public interest, is without merit, is frivolous or vexatious or is made only for the purpose of delay, the Commission shall inform the Minister of its opinion and, where the Minister concurs in that opinion, the Minister shall inform the applicant in writing of his or her opinion and notify the applicant that unless the applicant makes written representations thereon to the Minister within such time as the Minister specifies in the notice, not being less than 15 days from the time the notice is given, the provisions of this Act in respect of the consideration of the amendment shall not apply, and approval of the amendment shall be deemed to be refused.
Same
(4)Where representations are made to the Minister under subsection (3), the Minister, after giving consideration thereto, shall inform the applicant in writing either that the Minister's opinion is confirmed and that approval of the amendment is deemed to be refused or that the Minister has directed that consideration of the amendment be proceeded with in accordance with this Act.
(4)Section 7 of the Act is amended by striking out "the preparation of" in the first line and substituting "the consideration of amendments to".
(5)Section 8 of the Act is amended by striking out the portion before clause (a) and substituting the following:
Objectives
8.The objectives of the Niagara Escarpment Plan are, and the objectives to be sought in the consideration of amendments to the Plan shall be, in the Niagara Escarpment Planning Area,
. . . . .
(6)Section 10 of the Act is repealed and the following substituted:
Amendment of Plan
10.(1)During the course of the consideration of amendments to the Niagara Escarpment Plan, the Commission shall,
(a)furnish each municipality, regional municipality and county within or partly within the Niagara Escarpment Planning Area with a copy of the proposed amendments and invite it to make comments thereon within such period of time, not being more than 60 days from the time the amendments are furnished to it, as is specified;
(b)publish a notice in such newspapers having general circulation in any area that is within the Niagara Escarpment Planning Area as the Commission considers appropriate, notifying the public of the proposed amendments, indicating where a copy of the amendments, together with the material used in the preparation thereof mentioned in subsection (6), can be examined and inviting the submission of comments thereon within such period of time, not being more than 60 days from the time the notice is first published, as is specified; and
(c)furnish copies of the proposed amendments to the advisory committees appointed under section 4 and invite the committees to make comments thereon within such period of time, not being more than 60 days from the time the amendments are furnished to them, as is specified.
Extension of time
(2)The Commission may extend the time for making comments, before or after the expiration of the time, if it is of the opinion that the extension is necessary to ensure a reasonable opportunity for comments to be made.
Hearing officer
(3)If objections to the proposed amendments are received by the Commission before the expiration of the time for making comments, the Commission shall, and if no objections are received within that time the Commission may, appoint one or more hearing officers for the purpose of conducting one or more hearings within the Niagara Escarpment Planning Area or in the general proximity thereof for the purpose of receiving representations respecting the proposed amendments by any person desiring to make representations.
Notice of hearing
(4)If one or more hearing officers are appointed under subsection (3)to conduct a hearing, they shall fix the time and place for the hearing and shall publish notice thereof in such newspapers having in their opinion general circulation in any area that is within the Niagara Escarpment Planning Area as they consider appropriate.
Time of hearing
(5)The time fixed for any hearing under subsection (3) shall be not sooner than 21 days after the first publication of the notice of the hearing and not before the expiration of the time for making comments on the proposed amendments.
Procedure at hearing
(6)At a hearing under subsection (3), the persons proposing the amendments or their representatives shall present the proposed amendments and the justification therefor and shall make available for public inspection research material, reports, plans and the like that were used in the preparation of the amendments and, subject to the rules of procedure adopted by the hearing officers for the conduct of the hearing, the persons presenting the amendments and any other persons who make presentations at the hearing may be questioned on any aspect of the amendments by any interested person.
Power to summon witnesses, etc.
(7)The hearing officers appointed to conduct a hearing under subsection (3) have the powers of a commission under Part II of the Public Inquiries Act and that Part applies as if they were conducting an inquiry under that Act.
Report of hearing officers
(8)Not more than 60 days after the conclusion of any hearings conducted under subsection (3), or within such extended time as the Commission may specify, the hearing officers shall report to the Commission a summary of the representations made at the hearings together with a report stating whether the proposed amendments should be accepted, rejected or modified, giving their reasons therefor, and shall at the same time furnish the Minister with a copy of the report.
Commission recommendations
(9)After giving consideration to any comments received under subsection(1)and, if one or more hearings were conducted under subsection (3), after giving consideration to any report received under subsection (8), the Commission shall submit its recommendations on the proposed amendments to the Minister.
Inspection of report and recommendations
(10)A copy of any report made under subsection (8) and a copy of the recommendations submitted to the Minister under subsection (9) shall be made available in the office of the Minister, in the offices of the Commission, in the office of the clerk of each municipality, the whole or any part of which is within the Niagara Escarpment Planning Area, and in such other offices and locations as the Minister determines, for inspection by any person desiring to do so.
Decision of Minister
(11)After receiving the Commission's recommendations under subsection (9), the Minister may refuse the proposed amendments or may approve the proposed amendments with any modifications that he or she considers desirable, unless,
(a)in the opinion of the Minister, to do so would be inconsistent with any recommendations received under subsection (8)or (9); or
(b)the Lieutenant Governor in Council requires the Minister to submit the proposed amendments to the Lieutenant Governor in Council because the Lieutenant Governor in Council is of the opinion that the amendments could have a significant impact on the purpose or objectives of the Niagara Escarpment Plan.
Submission of amendments to L.G. in C.
(12)If amendments are not refused or approved by the Minister under subsection (11), the Minister shall submit the proposed amendments with his or her recommendations thereon to the Lieutenant Governor in Council.
Public notice
(13)If, in the opinion of the Minister, the recommendations of the Minister to the Lieutenant Governor in Council are inconsistent with any recommendations received under subsection (8), the Minister shall give public notice of his or her recommendations and the Lieutenant Governor in Council shall allow a period of at least 21 days after the giving of the notice during which representations in writing can be made by anyone concerned to the Lieutenant Governor in Council.
Decision of L.G. in C.
(14)The Lieutenant Governor in Council may refuse the proposed amendments or may approve the proposed amendments with any modifications that the Lieutenant Governor in Council considers desirable.
Effect of approval
(15)If amendments are approved by the Minister under subsection (11) or by the Lieutenant Governor in Council under subsection (14), the amendments form part of the Niagara Escarpment Plan for the Niagara Escarpment Planning Area.
(7)Section 12 of the Act is repealed.
(8)Section 17 of the Act is repealed and the following substituted:
Review of Plan
17.(1)At least once every 10 years, the Minister shall establish terms of reference for a review of the Niagara Escarpment Plan and shall cause the review to be undertaken.
Procedure
(2)Subject to subsection (3), the provisions of this Act relating to the amendment of the Plan apply with necessary modifications to the review.
Approval by L.G. in C.
(3)Any amendment to or revision of the Niagara Escarpment Plan as a result of a review under this section may be approved only by the Lieutenant Governor in Council.
(9)Subsections 24 (1), (2) and (3) of the Act are repealed and the following substituted:
Development permits
(1)Despite any other general or special Act, if an area of development control is established by regulation made under section 22, no person shall undertake any development in the area unless such development is exempt under the regulations or unless the development complies with a development permit issued under this Act.
Terms and conditions
(2)The Minister may issue development permits and may include such terms and conditions as he or she considers advisable.
Other permits
(3)No building permit, work order, certificate or licence that relates to development shall be issued, and no approval, consent, permission or other decision that is authorized or required by an Act and that relates to development shall be made, in respect of any land, building or structure within an area of development control, unless the development is exempt under the regulations or,
(a)a development permit relating to the land, building or structure has been issued under this Act; and
(b)the building permit, work order, certificate, licence, approval, consent, permission or decision is consistent with the development permit.
(10)Subsection 24 (8) of the Act is amended by striking out "the body to which the authority is delegated" in the second and third lines and substituting "the delegate".
(11)Subsection 25(1)of the Act is repealed and the following substituted:
Delegation
(1)Subject to subsection (2), the Minister may in writing, and subject to such conditions as he or she considers appropriate, delegate authority to issue development permits to,
(a)the Commission;
(b)an officer or employee of the Commission who is designated by the Commission;
(c)a county or regional municipality having jurisdiction in the Niagara Escarpment Planning Area or any part thereof; or
(d)a city outside a county or regional municipality having jurisdiction in the Niagara Escarpment Planning Area or any part thereof.
(12)Subsections 25 (4) and (5) of the Act are repealed and the following substituted:
Delegate's power of decision
(4)Where the Minister has delegated his or her authority under subsection (1), the delegate, on receiving an application for a development permit and, after giving consideration to the merits of the application, may make a decision to issue the development permit or to refuse to issue the permit or to issue the permit subject to such terms and conditions as the delegate considers desirable.
Notification of decision
(5)The delegate to whom the Minister has delegated his or her authority under subsection(1)shall by regular or registered mail cause a copy of the decision made by the delegate on any application for a development permit to be mailed to the Minister, to the applicant for the permit and to all assessed owners of land lying within 120 metres of the land that is the subject of the application and every copy of such decision shall include a notice specifying that any person receiving a copy of the decision, other than the Minister, may, within 14 days of the mailing of it, appeal the decision by giving the Minister a written notice of appeal that specifies the reasons for the appeal.
(13)Subsection 25 (7) of the Act is amended by striking out "subsections (10), (11) and (12)" in the fourth line and substituting "subsections (10) to (14)".
(14)Section 25 of the Act is amended by adding the following subsections:
Exception
(8.1)Despite subsections (8) and (10), an officer appointed under subsection (8) may refuse to conduct or to continue a hearing if,
(a)in the opinion of the officer, the appeal does not disclose a planning justification for the appeal, is not in the public interest, is without merit, is frivolous or vexatious, or is made only for the purpose of delay;
(b)the notice of appeal did not specify the reasons for the appeal; or
(c)the person who appealed the decision has not responded to a request by the officer for further information within the time specified by the officer.
Representations
(8.2)Before refusing under subsection (8.1) to conduct or to continue a hearing, the officer shall notify the person who appealed the decision and give the person an opportunity to make representations thereon.
Same
(8.3)If an officer refuses under subsection (8.1) to conduct or to continue a hearing, the decision of the delegate shall be deemed to be confirmed.
(15)Subsection 25 (9) of the Act is amended by striking out "the Commission or of the council of the county or regional municipality or city, as the case may be, shall" in the sixth, seventh and eighth lines and substituting "the delegate shall".
(16)Section 25 of the Act is amended by adding the following subsections:
SPPA applies
(10.1)The Statutory Powers Procedure Act applies to a hearing held under subsection (10).
Failure to appear
(10.2)If the persons who appealed the decision withdraw their appeals or fail to appear at the hearing, the decision of the delegate shall be deemed to be confirmed.
(17)Subsection 25 (11) of the Act is amended by striking out "After the conclusion of the hearing" in the first line and substituting "Within 30 days after the conclusion of the hearing or within such longer period as the Minister may permit".
(18)Subsection 25 (12) of the Act is repealed and the following substituted:
Deemed confirmation
(12)The decision of the delegate shall be deemed to be confirmed if,
(a)the opinion of the officer expressed in his or her report under subsection (11) is that the decision of the delegate was correct and should not be changed; and
(b)the decision of the delegate was not appealed by a local municipality, a county or a regional municipality.
Application of subs. (12)
(13)Subsection (12) does not apply if the officer was appointed by the Lieutenant Governor in Council following a request under subsection (6).
Power of Minister
(14)If subsection (12) does not apply, the Minister, after giving consideration to the report of the officer, may confirm the decision or may vary the decision or make any other decision that in his or her opinion ought to have been made and the decision of the Minister under this section is final.
(19)The Act is amended by adding the following section:
Powers of entry
28.(1)An employee or agent of the Commission or a person designated under subsection 5 (11) may enter private property, other than a dwelling or building, without the consent of the owner or occupier and without a warrant, if,
(a)the entry is for the purpose of considering an amendment to the Niagara Escarpment Plan proposed by the owner of the property;
(b)the entry is for the purpose of a review of the Niagara Escarpment Plan under section 17 and is not inconsistent with the terms of reference established under that section for the review;
(c)the entry is for the purpose of considering an application for a development permit under this Act;
(d)the entry is for the purpose of considering or commenting on an application under any Act for a permit, order, certificate, licence, approval, consent, permission or other decision related to land use or development; or
(e)the entry is for the purpose of enforcing section 24 and the person entering the property has reasonable grounds to believe that a contravention of section 24 is causing or is likely to cause significant environmental damage and that the entry is required to prevent or reduce the damage.
Other persons
(2)A person who is authorized to enter private property under subsection(1)may be accompanied by any person possessing expert or special knowledge that is related to the purpose of the entry.
Time
(3)Subject to subsection (4), the power to enter property under subsection(1)may be exercised at any reasonable time.
Notice
(4)The power to enter property under subsection(1)shall not be exercised unless,
(a)reasonable notice of the entry has been given to the owner of the property and, if the occupier of the property is not the owner, to the occupier of the property; or
(b)the person entering the property has reasonable grounds to believe that significant environmental damage is likely to be caused during the time that would be required to give notice under clause (a).
No use of force
(5)Subsection(1)does not authorize the use of force.
Offence
(6)Any person who prevents or obstructs a person who is entitled to enter property under subsection(1)or (2)from entering the property is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
Restriction on entry
(7)Except as authorized by subsection(1)or by any other Act, an employee or agent of the Commission or a person designated under subsection 5 (11) shall not enter private property for any purpose associated with this Act without,
(a)the consent of the owner of the property and, if the occupier of the property is not the owner, the consent of the occupier of the property; or
(b)the authority of a warrant under the Provincial Offences Act.
Oil, Gas and Salt Resources Act
5.(1)The definition of "inspector" in subsection 1(1)of the Oil, Gas and Salt Resources Act is amended by striking out "and includes a chief inspector" in the third line.
(2)The definition of "operator" in subsection 1(1)of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 30, section 57, is repealed and the following substituted: "
operator" means, in respect of a work,
(a)a person who has the right as lessee, sub-lessee, assignee or owner to operate the work,
(b)a person who has the control or management of the operation of the work, or
(c)if there is no person described in clause (a) or (b), the owner of the land on which the work is situated. ("exploitant")
(3)Clause 7 (3) (b) of the Act is amended by striking out "in the prescribed form" in the first line.
(4)Section 17 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 131 and 1996, chapter 30, section 68, is further amended by adding the following subsection:
Adoption by reference
(5)A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, standard or guideline, as it reads at the time the regulation is made or as amended from time to time.
Public Lands Act
6.The Public Lands Act is amended by adding the following section:
Cancellation of unregistered letters patent
31.1The Minister may make an order cancelling letters patent that have not been registered in the proper land registry office.
Commencement
Commencement
7.This Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.
SCHEDULE O
AMENDMENTS PROPOSED BY THE MINISTRY OF NORTHERN DEVELOPMENT AND MINES
Mining Act
1.(1)The definition of ``anniversary date" in section 1 of the Mining Act is amended by striking out "67 (2)" at the end and substituting "67 (4)".
(2)The definitions of ``Minister" and ``recorder" in section 1 of the Act are repealed and the following substituted:
``Minister" means the Minister of Northern Development and Mines, except in Part IV where ``Minister" means the Minister of Natural Resources; (``ministre")
``recorder" means a provincial mining recorder appointed under section 6. (``registrateur")
(3)Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 1 and 1997, chapter 40, section 1, is further amended by adding the following subsection:
Deemed reference to Provincial Recording Office
(2)In this Act, a reference to ``recorder's office" or ``office of the recorder" shall be deemed to be a reference to the Provincial Recording Office.
2.(1)Section 4 of the Act is amended by adding the following subsections:
Delegation of Deputy Minister's powers and duties
(5.1)Where under this Act a power or duty is granted to or vested in the Deputy Minister, the Deputy Minister may in writing delegate that power or duty to any officer or employee of the Ministry, subject to such limitations, conditions and requirements as the Deputy Minister sets out in the delegation.
Exception
(5.2)Subsection (5.1) does not apply to the duty set out in subsection (2).
(2)Subsection 4 (6) of the Act is repealed and the following substituted:
Persons authorized to take affidavits
(6)The Minister may authorize officers or employees of the Ministry to administer oaths and to take or receive affidavits, declarations and affirmations authorized by law for the purposes of or incidental to the administration and enforcement of this Act.
Powers of authorized persons
(7)An authorized person has all the powers of a commissioner for taking affidavits under the Commissioners for taking Affidavits Act in respect of the oaths, affidavits, declarations or affirmations mentioned in subsection (6).
3.Sections 5 and 6 of the Act are repealed and the following substituted:
Appointments
5.The Minister may appoint officers or employees of the Ministry, and other persons, to exercise powers and perform duties under this Act, as specified in the appointment.
Provincial mining recorders
6.(1)The Minister may appoint as many provincial mining recorders as he or she considers advisable from among the officers or employees of the Ministry.
Jurisdiction of recorder
(2)A recorder has jurisdiction throughout Ontario.
4.Section 7 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 3, is repealed and the following substituted:
Records
7.(1)A recorder shall keep records of mining claims, applications and other entries, in the form directed by the Minister, in the Provincial Recording Office.
Maps
(2)A recorder shall keep for inspection in the Provincial Recording Office maps on which the recorder shall mark all claims as they are recorded.
5. Section 8 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 4 and amended by 1997, chapter 40, section 7, is repealed and the following substituted:
Right to inspect documents
8.Every document filed and recorded in the Provincial Recording Office may be inspected during office hours on payment of the required fee.
6.Section 9 of the Act is repealed and the following substituted:
Evidence of records
9.(1)Every copy of or extract from a recorded entry or any document filed in the Provincial Recording Office, certified by a recorder to be a true copy or extract, shall be received in any court as proof, in the absence of evidence to the contrary, of the matter certified without proof of the recorder's appointment, authority or signature.
Computer print-out, etc., admissible evidence
(2)If an entry or document under subsection (1) is recorded or filed electronically or on a magnetic medium, any copy or extract produced from the record or medium that is in readily understandable form is admissible in evidence to the same extent as the original entry or document.
Same
(3)If a record in the Provincial Recording Office is recorded electronically or on a magnetic medium and there is no original written record corresponding to it, any writing produced from the record or medium that is in readily understandable form is admissible in evidence to the same extent as the record would be if it were an original written record.
7.Section 14 of the Act is repealed.
8.Sections 15, 16 and 17 of the Act are repealed and the following substituted:
Place for filing or recording instruments
15.(1)Unless this Act or a notice under subsection (2) provides otherwise, all applications, documents and other instruments required or permitted to be filed or recorded under this Act shall be filed or recorded in the Provincial Recording Office.
Other offices
(2)The Ministry may issue notices permitting or requiring the delivery of instruments specified in the notice at offices other than the Provincial Recording Office.
Deemed filing, recording on receipt
(3)Where an instrument is filed or recorded under subsection (1) or delivered in accordance with a notice under subsection (2), the instrument shall be deemed to have been filed or recorded on receipt.
Patented mining claims, application of Acts
(4)The Land Titles Act or the Registry Act, as the case may be, applies with respect to a mining claim once the mining claim has been patented.
Posting
16.A notice, order or document to be posted under this Act shall be posted in the Provincial Recording Office and may be posted in other Ministry offices.
9.Subsection 18 (2) of the Act is repealed.
10.Subsection 19 (8) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 5, is repealed and the following substituted:
Notice of change of address
(8)A licensee or holder shall notify the recorder in writing of any change of address.
11.Section 20 of the Act is repealed and the following substituted:
Numbering of licences
20.Every prospector's licence shall be numbered.
12.Subsection 21 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Renewal of licence
(1)A licensee is entitled to a renewal of the licence if the licensee applies for the renewal in the form established by the Minister and pays the required fee within 60 days before the expiry of the licence.
13.Sections 33 and 34 of the Act are repealed and the following substituted:
Valuable water powers not included in claim
33.(1)A water power that lies within the limits of a mining claim and that is capable of producing 150 horsepower or more at low water mark in its natural condition shall not be deemed to be part of the claim for the use of the holder of the claim.
Road allowance
(2)A road allowance of 20 meters in width shall be reserved on both sides of the water, together with such additional area of land as a recorder or the Commissioner considers necessary for the development and utilization of the water power.
Surface operations near highway
34.Where a mining claim adjoins or is adjacent to a highway or road maintained by the Ministry of Transportation, no surface mining operations shall be carried out within 45 metres of the limits of the highway or road without the written consent of the Minister.
14. Subsection 35 (3) of the Act is repealed and the following substituted:
Posting and filing copy
(3)On receiving the copy of the order, the recorder shall forthwith post and file it.
15.Subsections 40 (1) and (2) of the Act are repealed and the following substituted:
Crown reservation
(1)Where a mining claim includes land covered with water or bordering on water, the surface rights over a width of no more than 120 metres from the high water mark may be reserved for the Crown.
Same
(2)Where a highway or road constructed or maintained by the Ministry of Transportation crosses a mining claim, the surface rights over a width of no more than 90 metres, measured from the outside limits of the right of way of the highway or road along both sides of the highway or road, may be reserved for the Crown.
16.Section 41 of the Act is amended by adding the following subsection:
Interest
(2.1)Where payment of the rental under any such licence is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.
17.Section 42 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 11, is repealed and the following substituted:
Staking claim in closed fire area
42.The staking of a claim in a fire area while it is closed under the Forest Fires Prevention Act is invalid and of no effect unless the person who staked the claim, on applying to have it recorded, satisfies the recorder that the person entered the fire area before it was closed or pursuant to a special authorization of the Minister.
18.(1)Subsection 44 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 12, is amended by striking out ``for the mining division in which the claim has been staked out" at the end.
(2)Subsection 44 (3) of the Act is amended by striking out ``registered letter mailed" in the sixth line and substituting ``mail sent".
19.Section 45 of the Act is repealed.
20.Section 46 of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Recording a mining claim
46.(1)If, in the recorder's opinion, an application to record a mining claim complies with all the requirements for staking and recording the claim, the recorder shall record the claim and file it, along with the sketch or plan and certificate.
Not recording a mining claim
(2)If, in the recorder's opinion, an application to record a mining claim does not comply with all the requirements for staking and recording the claim, the recorder shall not record the claim and, in particular, the recorder shall not record a claim relating to land that is not open to staking.
Filing application
(3)If the recorder does not record a claim under subsection (2), the applicant may, on paying the required fee, require the recorder to file the application and any question involved may be determined in accordance with section 48 or 112.
Filing of application not a dispute
(4)The filing of an application under subsection (3) is not a dispute under section 48 unless the applicant complies with the requirements for filing a dispute set out in that section.
Invalidity of application
(5)An application filed under subsection (3) is invalid and of no effect 60 days after it is filed unless a dispute is filed under section 48 or an appeal is taken under section 112 or the Commissioner or recorder orders otherwise.
Cancellation of application under subs. (5)
(6)The recorder shall cancel an application that becomes invalid under subsection (5) or as a result of the determination of the dispute under section 48 or the appeal under section 112.
21.(1)Subsection 48 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is amended by striking out ``an affidavit in the prescribed form" in the third line and substituting ``a certificate".
(2)Subsection 48 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Notice
(2)The recorder shall forthwith send a copy of the dispute, statement of claim and certificate to the recorded holder or holders of the mining claim who are affected by it.
(3)Subsections 48 (3) and (4) of the Act are repealed and the following substituted:
Address for service
(3)The dispute shall indicate the disputant's address for service in Ontario.
Sufficient service
(3.1)Any notice or document relating to the dispute is sufficiently served on the disputant if it is left with an adult at the disputant's address or sent to the disputant at that address.
Same
(4)If no address for service is given as required under subsection (3), any notice or document relating to the dispute may be served on the disputant by posting a copy of it.
(4)Subsection 48 (6) of the Act is amended by striking out ``registered letter mailed" in the eleventh and twelfth lines and substituting ``mail sent".
(5)Subsection 48 (9) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 13, is repealed and the following substituted:
Recording of orders against re-staked claims
(9)Where an order is made under subsection (8.1), orders, assessment work reports, instruments or other notations that have been recorded against the original claim shall be recorded in respect of the re-staked claim.
22.Subsection 50 (4) of the Act is repealed and the following substituted:
Same
(4)The holder of a licence of occupation issued under this Act or any predecessor Act is not liable to assessment or taxation for municipal or school purposes in respect to the licence except with respect to improvements for which the holder would be liable to assessment or taxation if the lands were held under a patent.
23.Subsection 54 (2) of the Act is repealed and the following substituted:
Cancellation
(2)If, after a hearing held on notice to all interested persons, the Commissioner is satisfied that the land is being used other than as mining land or for a purpose other than that of the mineral industry, he or she may make an order cancelling the claim.
Same
(3)An order cancelling a claim takes effect on being filed with the recorder.
24.Section 62 of the Act is repealed and the following substituted:
Recording to be notice
62.The recording under this Act of an instrument relating to a mining claim constitutes notice of the instrument to all persons claiming an interest in the claim after the instrument is recorded even if there is a defect in the requirements for recording.
25.Subsection 63 (2) of the Act is repealed and the following substituted:
Deemed recording
(2)If a transfer or other instrument meets all the requirements for recording, it shall be deemed to have been recorded on receipt in the proper office, even if it was not recorded immediately.
26.(1)Subsection 64 (5) of the Act is repealed and the following substituted:
Notification of continuance or vacating of certificate
(5)On receiving such an order, the recorder shall forthwith send a copy of it to every recorded holder of an interest in the mining claim.
(2)Subsection 64 (6) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Filing of certified writ with recorder
(6)A copy of a writ of seizure and sale may be filed with the recorder if it has been certified by the sheriff for the area or a bailiff of the division of the Small Claims Court to be a true copy of the writ.
(3)Subsections 64 (7), (8) and (9) of the Act are repealed and the following substituted:
Recording of writ
(7)The recorder shall record the writ on each claim held by the judgment debtor or in which the judgment debtor has an interest on being given the number or a description of the claim involved and receiving the required fee.
Effect of recording writ
(8)On being recorded on the claim, the writ binds the judgment debtor's interest in the claim and the sheriff or bailiff may treat the interest as if it were goods and chattels subject to a writ of seizure and sale.
Recording of transfer
(9)If the judgment debtor's interest in the claim is sold under subsection (8), the transfer to the purchaser may be recorded in the same manner as if the transfer had been made by the judgment debtor and the effect of such transfer is the same.
(4)Subsection 64 (10) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed and the following substituted:
Certified copy, fee
(10)A certified copy of the writ of seizure and sale may be obtained from the sheriff or bailiff on payment of any required fee and the fee, together with the fee paid for recording the writ, shall be added to the judgment debt.
Keeping claim in good standing
(11)Once the writ has been recorded on a claim, the sheriff, bailiff or judgment creditor may do anything that the judgment debtor could have done to keep the claim or interest in good standing, and the cost of doing so shall be added to the judgment debt.
Discharge of writ
(12)A writ may be discharged,
(a)by recording a certificate obtained from the sheriff or bailiff indicating that the judgment debt has been satisfied;
(b)by recording a release obtained from the judgment creditor; or
(c)by filing an order obtained from the Commissioner directing the removal of the record of the writ from each claim in which the judgment debtor has an interest.
Fee for filing order
(13)Payment of the required fee under subsection (2) constitutes payment of the fee for filing any order of the Commissioner under subsection (1).
27.Subsection 65 (1) of the Act is amended by inserting ``or cause to be performed" after ``perform" in the third line.
28.Section 66 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1996, chapter 1, Schedule O, section 17, is further amended by adding the following subsections:
Decision
(4)The Minister shall determine the amount of assessment work credits.
No appeal
(5)A decision under subsection (4) is final and is not subject to appeal.
29.Subsections 70 (3), (5) and (6) of the Act are repealed and the following substituted:
Notice of abandonment
(3)The recorder shall record the abandonment and the date of receipt of the notice of abandonment, and forthwith post a notice of the abandonment, together with a sketch of the abandoned claim or part to be abandoned.
. . . . .
Compliance with order
(5)A mining claim holder who is affected by an order issued under subsection (4) shall notify the recorder of that fact in writing within the time set out in the order.
Posting of notice
(5.1)The recorder shall post the notice, with the date of its posting.
Extension of time or order for abandonment
(6)The recorder may extend the time for completing work that has not been completed within the time set out in an order under subsection (4) or order that the portion of the claim on which the work was to be done be abandoned.
Notice of order
(6.1)If the recorder makes an order of abandonment under subsection (6), he or she shall forthwith,
(a)notify the holder of the order and the reasons for it; and
(b) post the order.
30.The Act is amended by adding the following section:
Notice of cancellation
72.1(1)The recorder shall forthwith record the words ``Cancelled/Annul" with respect to a mining claim affected by forfeiture, abandonment or loss of rights and post a notice of cancellation.
Re-staking
(2)Lands, mining rights or mining claims affected by forfeiture or a loss or rights are open for staking from 8 a.m. standard time on the day after the forfeiture or loss of rights occurs.
31.Section 73 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 20, is repealed and the following substituted:
Extension of time
73.(1)A recorder may order an extension of time for performing assessment work or filing a report on such work if an application for the extension is made within 30 days before the time for filing the report expires and the prescribed conditions for an extension are met.
When order takes effect
(2)If an order granting an extension is made, it shall be deemed to have been recorded on receipt of the application and the order takes effect at that time.
32.Subsection 75 (2) of the Act is repealed and the following substituted:
Notice
(2)A notice under subsection (1) shall be given personally or sent to the holder at the holder's address in the records of the Provincial Recording Office.
Reinspection
(2.1)If no notice, or less than seven clear days notice, is given to the holder before the inspection is carried out, the holder may apply to the recorder or the Commissioner for a reinspection within 15 days of the recording of the decision or within a further period of not more than 15 days as is allowed by the Commissioner.
Duty to grant reinspection
(2.2)If it appears that the holder has been prejudiced by the failure to give notice or to give sufficient notice, the application for a reinspection shall be granted.
33.(1)Subsection 76 (2) of the Act is amended by striking out ``registered letter mailed" in the fifth and sixth lines and substituting ``mail sent".
(2)Subsection 76 (4) of the Act is repealed and the following substituted:
Notice of cancellation and its effect
(4)When a claim is cancelled, the recorder shall forthwith post a notice of cancellation and, unless they have been withdrawn from prospecting or staking, the land or mining rights are open for prospecting and staking from 8 a.m. standard time on the day after the cancellation.
Effect of appeal
(4.1)Any staking carried out on land opened under subsection (4) is subject to the decision on an appeal under subsection (3).
(3)Subsection 76 (5) of the Act is amended by inserting ``or any other person" after ``recorder" in the fourth line.
34.Clause 78 (3) (a) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 21, is repealed and the following substituted:
(a)the holder files a certificate in the prescribed form establishing that the required notice was given.
35.(1)Clause 81 (2) (a) of the Act is repealed.
(2)Section 81 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1997, chapter 40, section 7, is further amended by adding the following subsection:
Resolution of disputes over encumbrances on mining claim
(2.1)For the purpose of expediting the issuing of a lease under this section, the Commissioner may, upon notice to all interested parties, determine any issues relating to interests or claims affecting an unpatented claim.
(3)Subsection 81 (6) of the Act is repealed and the following substituted:
Renewal of lease
(6)Subject to subsections (8), (9) and (10), a lease under this section is renewable for further terms of 21 years.
Application
(6.1)Application for a renewal shall be made in the 90-day period before the expiry of the lease or such further period as the Minister considers appropriate.
Date of renewal
(6.2)A lease that is renewed shall date from the day after the expiry of the lease.
(4)Section 81 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1997, chapter 40, section 7, is further amended by adding the following subsection:
Interest
(9.1)Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.
(5)Subsection 81 (12) of the Act is amended by striking out ``in red ink" at the end.
(6)Subsection 81 (17) of the Act is repealed and the following substituted:
Non-application of subs. (16)
(17)The Minister may direct that subsection (16) does not apply where the average area of each claim in a group of contiguous claims held in the name of one or more claim holders does not exceed the size prescribed for a mining claim by more than 15 per cent.
36.(1)Subsections 82 (1), (2), (3) and (4) of the Act are repealed and the following substituted:
Definition
(1)In this section,
``lease" means a lease, or the renewal of a lease, of mining rights or of surface rights, or of both mining rights and surface rights, issued under,
(a)section 47, 52 or 100 of The Mining Act, being chapter 241 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, or
(b)subsection 176 (3) of this Act, or a predecessor thereof.
Amount of rent
(2)Despite any rental that may be provided for in a lease, the annual rental for the lease is as prescribed.
Renewal of lease
(3)A lease of mining rights under clause (a) of the definition of ``lease" in subsection (1) is renewable for further terms of 10 years.
Application
(4)Application for a renewal shall be made in the 90-day period before the expiry of the lease or such further period as the Minister considers appropriate.
Date of renewal
(4.1)A lease that is renewed shall date from the day after the expiry of the lease.
Interest
(4.2)Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.
(2)Subsection 82 (7) of the Act is amended by striking out ``in red ink" at the end.
37.Section 83 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 23 and 1997, chapter 40, section 7, is further amended by adding the following subsection:
Consolidation of leases
(3)The holder of two or more leases of the same tenure may apply to the Minister to consolidate them into a single lease.
38.(1)Subsections 84 (1) and (2) of the Act are repealed and the following substituted:
Lease of surface rights
(1)Upon application by a lessee or owner of mining rights or a holder of a mining licence of occupation, the Minister may lease any available surface rights inside or outside the lands covered by the lease, patent or licence of occupation required by the applicant for any purpose essential to mining or mining exploration, including for constructing a shaft or buildings or disposing of tailings or other waste material.
Application for lease of surface rights
(2)An application for a lease of surface rights shall be made in the prescribed form, contain the required fee and provide such details as the Minister requires, including,
(a)the specific purposes for which the surface rights are required;
(b)an adequate description and plan or sketch of the area where the applied for surface rights are located;
(c)the first year's rental; and
(d)proof of ownership of, or of being the holder of the licence of occupation for, the mining lands or mining rights that are the basis of the application.
(2)Section 84 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134, is further amended by adding the following subsection:
Interest
(4.1)Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.
(3)Subsection 84 (6) of the Act is amended by inserting "(9.1)" after "(9)" in the first line.
39.(1)Subsections 110 (1), (2) and (3) of the Act are repealed and the following substituted:
Disputes
(1)A recorder may hear and, subject to the right of appeal provided in section 112, determine disputes between persons with respect to unpatented mining claims.
Same
(2)If a dispute relates to whether the provisions of this Act regarding mining claims have been complied with, the recorder shall hear and determine the dispute unless,
(a)the Commissioner orders otherwise; or
(b)the Commissioner agrees to hear and determine the question pursuant to a request made by the recorder.
Note of decision
(3)The recorder shall forthwith,
(a)record a detailed note of all decisions that he or she makes; and
(b)notify all persons affected by a decision.
(2)Subsection 110 (4) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is repealed.
(3)Subsection 110 (7) of the Act is repealed.
(4)Subsection 110 (8) of the Act is amended by striking out ``registered letter, mailed" in the seventh and eighth lines and substituting ``mail sent".
(5)Section 110 of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, is further amended by adding the following subsection:
Application of subss. (6), (8) and (9)
(10)Subsections (6), (8) and (9) apply whether there is a dispute under this section or not.
40.Subsections 112 (3), (4) and (5) of the Act are repealed and the following substituted:
Appeal
(3)An appeal to the Commissioner shall be by notice of appeal in the prescribed form.
Service and filing of appeal
(4)The appellant shall file the notice of appeal with the Commissioner and serve it on the recorder and all other affected parties within 30 days after the recording of the decision or the doing of the other act or thing that is the subject of the appeal.
Extension of time for service
(5)If an appeal has been properly filed but service has not been effected in accordance with subsection (4) despite reasonable efforts to do so and the Commissioner is otherwise satisfied that the case is a proper one for appeal, the Commissioner may extend the time for service and may make such order for substitutional or other service as he or she considers just.
Appeal by affected person
(6)The Commissioner may allow a person other than the appellant to appeal the decision, act or thing if the person,
(a)is affected by the decision, act or thing;
(b)has not been notified as provided under section 76 or 110;
(c)has apparently suffered substantial injustice; and
(d)has not caused undue delay.
Service
(7)The notice of appeal shall indicate an address in Ontario at which the appellant may be served with any notice or document relating to the appeal.
Sufficient service
(8)A notice or document is sufficiently served on the appellant if it is left with an adult at that address or if it is sent to the appellant at that address.
Same
(9)If no address for service is given as required under subsection (7), any notice or document relating to the appeal may be served on the appellant by posting a copy of it.
41.Subsection 115 (3) of the Act is repealed and the following substituted:
Statutory Powers Procedure Act
(3)Service of the appointment by mail constitutes reasonable notice for the purpose of subsection 6 (1) of the Statutory Powers Procedure Act.
42.(1)Subsection 129 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 130 and amended by 1996, chapter 1, Schedule O, section 24, is repealed and the following substituted:
Order sent to recorder
(4)The Commissioner shall forward a copy of each order or judgment to the recorder who shall amend the records in the Provincial Recording Office as necessary.
(2)Subsection 129 (5) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 130, is repealed and the following substituted:
Notice of amendment to records
(5)As soon as possible after amending the records in accordance with subsection (4), the recorder shall give notice in writing of the amendment of the records to the parties to the hearing before the Commissioner.
(3)Subsection 129 (7) of the Act is repealed.
43.Section 130 of the Act is repealed and the following substituted:
Final order or judgment
130.The Commissioner shall send to the parties an order or judgment of the Commissioner that finally disposes of any matter at issue.
44.(1)Subsection 134 (1) of the Act is repealed and the following substituted:
Time for appeal
(1)Except in the case of a reference under section 108 or the Arbitrations Act, an order or judgment of the Commissioner is final and conclusive unless, where an appeal may be brought, it is brought within 30 days after notice of the order or judgment is sent under section 130.
(2)Subsections 134 (2) and (3) of the Act, as amended by the Statutes of Ontario, 1997, chapter 40, section 7, are repealed and the following substituted:
Notice of appeal
(2)The appeal shall be brought by filing a notice of appeal with the Divisional Court and the appellant shall send a copy of the notice of appeal to the Commissioner, the recorder and the parties to the hearing before the Commissioner.
Transmission of documents
(3)On receiving a copy of the notice of appeal, the Commissioner shall send the order or judgment appealed from to the Divisional Court, along with the exhibits, papers and other documents filed on the hearing before the Commissioner.
(3)Subsection 134 (4) of the Act is repealed.
45.Subsection 135 (1) of the Act is repealed and the following substituted:
Judicial review
(1)No application for judicial review and no other proceeding may be brought to call into question,
(a)any decision of a recorder more than 30 days after the recording of the decision;
(b)any order or judgment of the Commissioner more than 30 days after notice of the order or judgment is sent under section 130; or
(c)the validity of anything done by a recorder or any other officer appointed under this Act more than 30 days after it was done.
Other proceedings
(1.1)Despite subsection (1), a proceeding may be brought calling into question any of the matters mentioned in subsection (1) more than 30 days after the recording, notice or other action mentioned in that subsection where this Act specifically permits the proceeding to be brought within a greater period of time.
46.The definition of ``Director" in subsection 139 (1) of the Act, as it read before its re-enactment by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 26, is repealed and the following substituted:
``Director" means a Director of Mine Rehabilitation. (``directeur")
47.Subsection 140 (2) of the Act, as it read before its re-enactment by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 26, is repealed and the following substituted:
Directors
(2)The Minister may appoint one or more officers or employees of the Ministry as Directors of Mine Rehabilitation.
48.(1)Subsection 153 (1) of the Act, as it read before its re-enactment by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28, is amended by striking out ``registered" in the fourth line.
(2)Subsection 153 (2) of the Act, as it read before its re-enactment by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28, is amended by striking out ``registered" in the first line.
49.(1)Clause 153.4 (1) (b) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28, is amended by striking out ``registered".
(2)Subsection 153.4 (2) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28, is amended by striking out ``registered" in the first line.
50.Sections 172 and 173 of the Act are repealed.
51.Subsection 175 (9) of the Act is amended by striking out ``with the Minister and in the office of the recorder of the division in which the lands affected are situate" in the fourth, fifth, sixth and seventh lines and inserting ``in the Provincial Recording Office".
52.(1)Subsection 176 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134, 1996, chapter 1, Schedule O, section 32 and 1997, chapter 40, section 5, is further amended by adding the following paragraph:
19.1where a rental is to be prescribed under this Act, prescribing a minimum rent or a method of calculating rent.
(2)Paragraph 21 of subsection 176 (1) of the Act is repealed and the following substituted:
21.prescribing rates of interest for the purposes of this Act.
(3)Paragraph 23 of subsection 176 (1) of the Act is repealed and the following substituted:
23.prescribing, for the purposes of section 187, the amount of tax to be paid for each hectare and prescribing a minimum tax or a method of calculating tax.
(4)Subsection 176 (3) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 32, is further amended by inserting ``or validate" after ``issue" in the fourth line.
53.Section 177 of the Act is amended by striking out ``in and through any mining division" in the tenth and eleventh lines.
54.The English version of subsection 182 (1) of the Act is amended by striking out ``River Mattawa" in the fourth line and substituting ``Mattawa River".
55.Subsection 183 (4) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 34, is further amended by striking out ``registered letter mailed" in the ninth line and substituting ``mail sent".
56.Subsection 197 (6) of the Act is amended by striking out ``in red ink" at the end.
57.(1)Subsection 199 (1) of the Act is repealed and the following substituted:
Interest
(1)Where the tax is not paid within the time required under section 188, interest at the prescribed rate, compounded annually, shall be added to the tax forthwith and in each subsequent year that the tax remains unpaid, and the increased amounts are the tax due and payable under this Part.
(2)Section 199 of the Act is amended by adding the following subsection:
Reduction or waiver of interest owing
(3)The Minister may reduce or waive the amount of any interest added to taxes under subsection (1).
58.Part XIV of the Act is repealed.
Ontario Northland Transportation Commission Act
59.The French version of subsection 41 (1) of the Ontario Northland Transportation Commission Act is amended by striking out ``Conseil des ministres" in the third line and substituting ``Conseil excutif".
Commencement
Commencement
60.This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE P
AMENDMENTS PROPOSED BY THE MINISTRY OF THE SOLICITOR GENERAL
Coroners Act
1.Subsection 4 (2) of the Coroners Act is repealed and the following substituted:
Deputy Chief Coroners
(2)The Lieutenant Governor in Council may appoint one or more coroners to be Deputy Chief Coroners for Ontario who may act as and have all the powers and authority of the Chief Coroner during the absence of the Chief Coroner or his or her inability to act.
2.The French version of subsection 41 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out ``peut dsigner" in the third line and substituting ``dsigne".
Emergency Plans Act
3.(1)The definition of ``council of a municipality" in section 1 of the Emergency Plans Act is repealed.
(2)The definition of ``emergency" in section 1 of the Act is amended by inserting ``or an impending situation" after ``situation" in the first line.
(3)The definition of ``municipality" in section 1 of the Act is repealed and the following substituted:
``municipality" means a city, town, village and township and includes a county, district and regional municipality and the County of Oxford. (``municipalit")
4.Subsection 6 (2) of the Act is amended by striking out ``an Emergency Planning Co-ordinator" in the second and third lines and substituting ``a Director, Emergency Measures Ontario".
5.Subsection 7 (6) of the Act is amended by striking out ``a county" in the third line.
6.The French version of section 8 of the Act is amended by striking out ``tenant" in the third line and substituting ``lies".
7.Subsection 11 (4) of the Act is repealed and the following substituted:
Local boards included
(4)For the purposes of this section,
``municipality" includes a local board of a municipality and ``member of council" includes a member of a local board.
8.Section 12 of the Act is amended by striking out ``a county" in the tenth line.
9.Subsection 13 (3) of the Act is amended by striking out ``and for the purposes of this subsection, ``municipality" includes a county" at the end.
Ministry of the Solicitor General Act
10.Section 3 of the Ministry of the Solicitor General Act is amended by adding the following subsections:
Delegation
(3)The Solicitor General may delegate in writing any power or duty granted to or vested in him or her by this or any other Act to the Deputy Solicitor General or to any employee of the Ministry.
Limitations
(4)A delegation may provide that it is subject to limitations, restrictions, conditions or requirements.
Deeds and contracts executed by delegate
(5)Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under a delegation made under subsection (3).
Private Investigators and Security Guards Act
11.Subsection 3 (2) of the Private Investigators and Security Guards Act is repealed and the following substituted:
Deputy registrars
(2)The Lieutenant Governor in Council may appoint one or more deputy registrars of private investigators and security guards who may act as Registrar during the absence of the Registrar or his or her inability to act.
12.The French version of clause 20 (4) (b) of the Act is amended by striking out ``auquel cas nul n'est contraint" in the third and fourth lines and substituting ``mais nul n'est contraint, aux termes d'une telle assignation,".
Commencement
Commencement
13.This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE Q
AMENDMENTS PROPOSED BY THE MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES
1.(1)Subsection 2 (2) of the Ontario Educational Communications Authority Act is amended by striking out "thirteen members" in the first and second lines and substituting "not more than 13 members".
(2)Subsection 2 (7) of the Act is amended by striking out "Seven directors" at the beginning and substituting "A majority of the directors".
2.Subsection 6 (1) of the Act is repealed and the following substituted:
Chief executive officer
(1)The Lieutenant Governor in Council shall appoint the Chair or another person as the chief executive officer of the Authority.
Same
(1.1)If the Chair is appointed as the chief executive officer, he or she shall be paid such salary as the Lieutenant Governor in Council determines.
Same
(1.2)If the Chair is not appointed as the chief executive officer,
(a)the Chair shall be paid such remuneration as the Lieutenant Governor in Council determines; and
(b)the chief executive officer shall be paid such salary as the Board determines.
Commencement
3.This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE R
AMENDMENTS PROPOSED BY THE MINISTRY OF TRANSPORTATION
Highway Traffic Act
1.(1)The definition of ``CAVR cab card" in subsection 6 (1) of the Highway Traffic Act is repealed.
(2)Subsection 6 (1) of the Act is amended by adding the following definition:
``IRP cab card" means a permit issued by the Ministry or another jurisdiction pursuant to the International Registration Plan. (``certificat d'immatriculation IRP")
(3)The definition of ``permit" in subsection 6 (1) of the Act is repealed and the following substituted:
``permit" means a permit issued under subsection 7 (7) consisting, except when the permit is a CAVR cab card or an IRP cab card, of a vehicle portion and a plate portion. (``certificat d'immatriculation")
(4)The definition of ``permit" in subsection 6 (1) of the Act, as re-enacted by subsection (3), is repealed and the following substituted:
``permit" means a permit issued under subsection 7 (7) consisting, except when the permit is an IRP cab card, of a vehicle portion and a plate portion. (``certificat d'immatriculation")
2.(1)Subsection 7 (3) of the Act is repealed and the following substituted:
Exemptions for cls. (1) (b, c)
(3)Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is a CAVR cab card or an IRP cab card.
(2)Subsection 7 (3) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:
Exemptions for cls. (1) (b, c)
(3)Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is an IRP cab card.
(3)Subsection 7 (6) of the Act is repealed and the following substituted:
Same
(6)Where a permit is a CAVR cab card or an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle.
(4)Subsection 7 (6) of the Act, as re-enacted by subsection (3), is repealed and the following substituted:
Same
(6)Where a permit is an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle.
(5)Subsection 7 (17) of the Act is repealed and the following substituted:
Minister may cancel or refuse to issue
(17)The Minister may, in his or her discretion, cancel or refuse to issue a permit, the fee for which is prorated under a reciprocity agreement or arrangement with another jurisdiction, where the owner or lessee of the vehicle has been convicted of an offence under section 24, or if, in his or her opinion, the owner or lessee of the vehicle is not entitled to reciprocity privileges under the Canadian Agreement on Vehicle Registration or the International Registration Plan.
(6)Subsection 7 (17) of the Act, as re-enacted by subsection (5), is repealed and the following substituted:
Minister may cancel or refuse to issue
(17)The Minister may, in his or her discretion, cancel or refuse to issue a permit, the fee for which is prorated under a reciprocity agreement or arrangement with another jurisdiction, where the owner or lessee of the vehicle has been convicted of an offence under section 24, or if, in his or her opinion, the owner or lessee of the vehicle is not entitled to reciprocity privileges under the International Registration Plan.
3.The Act is amended by adding the following section:
International Registration Plan
7.1(1)The Minister may apply to have Ontario made a member of the reciprocal agreement known as the International Registration Plan.
Effect of membership in Plan
(2)If Ontario is a member of the Plan, the provisions of this Part and the regulations made under this Part are subject to the provisions of the Plan with respect to,
(a)the issuance of permits for commercial motor vehicles engaged in interprovincial or international travel; and
(b)the registration and licence fees for such vehicles, which shall be apportioned, as provided in the Plan, on the basis of the distance travelled by the vehicles within each jurisdiction that is a member of the Plan.
Exemptions
(3)If Ontario is a member of the Plan, persons who reside in or are based in another jurisdiction that is a member of the Plan are exempt, if so provided in the Plan, from the requirements of this Part and from the fees prescribed under this Part with respect to commercial motor vehicles owned or leased by such persons.
Same
(4)A person is not entitled to an exemption under subsection (3) unless the person is in compliance with the motor vehicle laws of the jurisdiction where the commercial motor vehicle owned or leased by the person is registered.
Interpretation
(5)For the purpose of subsection (3), where a person resides or is based shall be determined in accordance with the terms of the Plan.
4.Section 11 of the Act is amended by adding the following subsection:
Regulations
(5)The Lieutenant Governor in Council may make regulations,
(a)permitting the application to the Ministry under subsection (2) by electronic means, instead of on the provided form;
(b)prescribing classes of persons that may apply by electronic means and the circumstances in which they may do so.
5.(1)Subsection 12 (2) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 138, is repealed and the following substituted:
Property of the Crown
(2)Every number plate is the property of the Crown and shall be returned to the Ministry when required by the Ministry.
Same
(3)For the purpose of subsection (2),
``number plate" includes,
(a)a number plate bearing a requested number,
(b)evidence of validation,
(c)a permit,
(d)a CAVR cab card, and
(e)an IRP cab card issued by the Ministry.
(2)Subsection 12 (3) of the Act, as enacted by subsection (1), is repealed and the following substituted:
Same
(3)For the purpose of subsection (2),
``number plate" includes,
(a)a number plate bearing a requested number,
(b)evidence of validation,
(c)a permit, and
(d)an IRP cab card issued by the Ministry.
6.(1)Subsection 14 (2) of the Act is repealed and the following substituted:
Invalid cab card
(2)Where a police officer or an officer appointed under this Act has reason to believe that a CAVR cab card or an IRP cab card produced by a driver as being the permit for the vehicle,
(a)was not furnished in accordance with this Act for that motor vehicle;
(b)has been cancelled; or
(c)has been defaced or altered,
the officer may take possession of the CAVR cab card or the IRP cab card, as the case may be, and retain it until the facts have been determined.
(2)Subsection 14 (2) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:
Invalid cab card
(2)Where a police officer or an officer appointed under this Act has reason to believe that an IRP cab card produced by a driver as being the permit for the vehicle,
(a)was not furnished in accordance with this Act for that motor vehicle;
(b)has been cancelled; or
(c)has been defaced or altered,
the officer may take possession of the IRP cab card and retain it until the facts have been determined.
7.Subsection 20 (5) of the Act is amended by striking out ``Ontario Court (General Division)" in the fourth and fifth lines and substituting ``Superior Court of Justice".
8.Clause 41 (1) (c) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 12, section 1, is amended by striking out ``subsection 254 (5)" in the first line and substituting ``section 254".
9.(1)Subsection (2) does not apply if subsection 24 (7) of Schedule G has come into force before this section comes into force.
(2)Subsection 50 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out ``Ontario Court (General Division)" in the sixth and seventh lines and substituting ``Superior Court of Justice".
10.(1)Subsection 50.3 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 6, is amended by striking out ``Ontario Court (General Division)" in the third and fourth lines and in the tenth and eleventh lines and substituting in each case ``Superior Court of Justice".
(2)Subsection 50.3 (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 6, is amended by striking out ``Ontario Court (General Division)" in the third-last and second-last lines and substituting ``Superior Court of Justice".
(3)Subsection 50.3 (9) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 6, is amended by striking out ``until it has been placed in a safe condition" in the fifth and sixth lines and substituting ``until all defects prescribed under section 82 have been repaired and the vehicle is in a safe condition".
11.Subsection 55.1 (28) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8, is amended by adding the following clauses:
(e.1)prescribing a period of time during which all persons and motor vehicles are exempt from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made during that period where paragraph 2 or 3 of subsection (3) would otherwise apply;
(e.2)classifying persons and motor vehicles and exempting any class of person or motor vehicle from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made with respect to that class of person or motor vehicle where paragraph 2 or 3 of subsection (3) would otherwise apply, and prescribing conditions for any such exemption.
12.Subsection 64 (8) of the Act is repealed.
13.Subsections 70 (5) and (6) of the Act are repealed.
14.Section 82 of the Act, as amended by the Statutes of Ontario, 1997, chapter 12, section 9, is repealed and the following substituted:
Definitions
82.(1)In this section,
``commercial motor vehicle" has the same meaning as in subsection 16 (1); (``vhicule utilitaire")
``operator" means,
(a)the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and
(b)in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to the commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle. (``utilisateur")
Examination of vehicle
(2)Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the driver of any motor vehicle or motor assisted bicycle to stop, move the vehicle to a safe location as directed by the police officer or officer and submit the vehicle, together with its equipment and any vehicle drawn by it, to the examinations and tests that the police officer or officer may consider expedient.
Same
(3)Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the owner of a motor vehicle, motor assisted bicycle or vehicle drawn by a motor vehicle and the operator of a commercial motor vehicle to submit the vehicle, together with its equipment and, in the case of a commercial motor vehicle, any vehicle drawn by it, to the examinations and tests that the police officer or officer may consider expedient.
Requirement to bring vehicle into compliance
(4)Where any vehicle examined or tested under subsection (2) or (3), or any of its equipment, is found not to be in compliance with the requirements of this Act or the regulations, the police officer or officer making the examinations or tests may require the owner or operator of the vehicle to have the vehicle or its equipment repaired and to,
(a)submit the vehicle for further examinations and tests to satisfy a police officer or officer appointed for the purpose of carrying out the provisions of this Act that the vehicle and its equipment comply with the requirements of this Act and the regulations; or
(b)submit evidence to the person or office specified by the police officer or officer that the vehicle and its equipment comply with the requirements of this Act and the regulations.
Same
(5)Where any vehicle examined or tested under clause (4) (a), or any of its equipment, is found still not to be in compliance with the requirements of this Act or the regulations, the police officer or officer making the examinations or tests may require the owner or operator of the vehicle to have the vehicle or its equipment repaired and to submit evidence to the person or office specified by the police officer or officer that the vehicle and its equipment comply with the requirements of this Act and the regulations.
Notice required
(6)A police officer or officer appointed for the purpose of carrying out the provisions of this Act shall serve written notice in an approved form of a requirement under subsection (3), (4) or (5).
Deemed service
(7)Service of a notice under subsection (6) to the driver of the vehicle shall be deemed to be service on the owner and operator, if any, of the vehicle.
Requirement to assist
(8)The driver of a vehicle submitted for examinations and tests as required under subsection (2), (3) or (4) and any other person in charge of the vehicle who is present shall, if directed by a police officer or officer appointed for the purposes of carrying out the provisions of this Act, assist with the examinations and tests of the vehicle and of its equipment.
Offence
(9)Every person is guilty of an offence and on conviction is liable to a fine of not more than $1,000 who,
(a)refuses or fails to comply with a requirement made under subsection (2), (3), (4), (5), (8) or (12); or
(b)contravenes an order or prohibition made under subsection (12).
Same, commercial motor vehicle
(10)Despite subsection (9), every person is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000 who, in respect of a commercial motor vehicle or a vehicle drawn by a commercial motor vehicle,
(a)refuses or fails to comply with a requirement made under subsection (2), (3), (4), (5), (8) or (12); or
(b)contravenes an order or prohibition made under subsection (12).
Defence if notice not received
(11)Despite subsections (9) and (10), a person is not guilty of an offence for refusing or failing to comply with a requirement under subsection (3), (4) or (5) unless the police officer or officer appointed for the purpose of carrying out the provisions of this Act gave the person a written notice as required by subsection (6).
Use of vehicle prohibited
(12)Where any vehicle examined or tested under subsection (2), (3) or (4), or any of its equipment, is found to have a prescribed defect or to be in a dangerous or unsafe condition, with or without a prescribed defect, the police officer or officer appointed for carrying out the provisions of this Act making the examinations or tests may,
(a)require the driver, owner or operator of the vehicle to have the prescribed defect repaired and the vehicle and its equipment placed in a safe condition;
(b)order the vehicle to be removed from the highway; and
(c)prohibit the operation of the vehicle on the highway until the prescribed defect has been repaired and the vehicle and its equipment are in a safe condition.
Seizure of plates, vehicle inspection sticker
(13)Where the operation of a vehicle has been prohibited under subsection (12), the police officer or officer may,
(a)seize the number plates of the vehicle; and
(b)remove the vehicle inspection sticker, or comparable device issued by another jurisdiction, from the vehicle.
Forms
(14)The Minister may require that forms approved by the Minister be used for any of the purposes of this section.
Regulations
(15)The Lieutenant Governor in Council may make regulations,
(a)prescribing the forms and kinds of evidence that may be required under clause (4) (b) and subsection (5) and prescribing rules for submitting the evidence to the person or office specified;
(b)prescribing the methods and rules for service of notices required to be served under this section;
(c)prescribing types of defects for the purposes of subsection (12);
(d)classifying persons and vehicles, exempting any class of person or class of vehicle from any requirement or provision of this section or of any regulation made under this section and prescribing conditions for any such exemption and prescribing different requirements for different classes of persons or vehicles.
15.(1)Subsection 82.1 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 10, is amended by striking out ``subsections 82 (2) and (5)" in the eighth line and substituting ``section 82".
(2)Subsection 82.1 (21) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 10, is amended by striking out ``Ontario Court (General Division)" in the third and fourth lines and substituting ``Superior Court of Justice".
(3)Subsection 82.1 (27) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 10, is amended by striking out ``until it has been placed in a safe condition" in the fourth and fifth lines and substituting ``until all defects prescribed under section 82 have been repaired and the vehicle is in a safe condition".
16.(1)Subsection 96 (5) of the Act is amended by striking out ``Ontario Court (General Division)" at the end and substituting ``Superior Court of Justice".
(2)Subsection 96 (10) of the Act is amended by striking out ``Ontario Court (General Division)" in the third and fourth lines and substituting ``Superior Court of Justice".
17.The Act is amended by adding the following Part:
PART X.3
OFF-ROAD VEHICLES
Off-road vehicles on highways regulated by regulations, by-laws
191.8(1)No person shall drive an off-road vehicle on a highway except in accordance with the regulations and any applicable municipal by-laws.
Regulations
(2)The Lieutenant Governor in Council may make regulations,
(a)classifying off-road vehicles and drivers;
(b)permitting and regulating the operation of any class of off-road vehicle on any highway, any class of highway or any part or parts of such highway, and permitting any class of driver to drive an off-road vehicle on any highway, any class of highway or any part or parts of such highway, and prescribing conditions for any such permission;
(c)exempting the class of off-road vehicle or of driver that is the subject of a regulation under clause (b) from any requirement in Part II, IV, VI, IX or X of this Act or in any regulation made under those Parts, and prescribing conditions for any such exemption.
Municipal by-laws
(3)The council of a municipality may pass by-laws,
(a)permitting the operation of off-road vehicles with three or more wheels and low pressure bearing tires on any highway within the municipality that is under the jurisdiction of the municipality, or on any part or parts of such highway;
(b)prescribing a lower rate of speed for off-road vehicles with three or more wheels and low pressure bearing tires than that prescribed for off-road vehicles by regulation on any highway within the municipality that is under its jurisdiction, or on any part or parts of such highway, including prescribing different rates of speed for different highways or parts of highways.
By-laws may regulate times of operation
(4)A by-law passed under subsection (3) may permit the operation of off-road vehicles with three or more wheels and low pressure bearing tires on any highway or on any part or parts of a highway only during specified months or hours.
Definitions
(5)In this section,
``low pressure bearing tire" means a wide, balloon-type tire with a rounded cross section and no distinct shoulder area and that is designed to operate with inflation pressures of no greater than 70 kpa (10 psi); (``pneu basse pression")
``municipality" means a city, town, village, township, regional municipality, district municipality, county and the County of Oxford; (``municipalit")
``off-road vehicle" means an off-road vehicle within the meaning of the Off-Road Vehicles Act. (``vhicule tout terrain")
18.Subsection 220 (12) of the Act is amended by striking out ``Ontario Court (Provincial Division)" at the end and substituting ``Ontario Court of Justice".
19.Section 226 of the Act is repealed.
Off-Road Vehicles Act
20.Subsection 2 (2) of the Off-Road Vehicles Act, as amended by the Statutes of Ontario, 1997, chapter 41, section 123, is further amended by striking out ``Despite subsection (1), and section 7, subsection 32 (1) and subsections 62 (1), (3) to (26) and (28) to (32) of the Highway Traffic Act" at the beginning and substituting ``Despite subsection (1), and despite section 7, subsections 32 (1), 62 (1), (3) to (26) and (28) to (32) and section 191.8 of the Highway Traffic Act".
Commencement
Commencement
21.This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE S
MISCELLANEOUS STATUTE CORRECTIONS
1.(1)The French version of section 2 of the Archives Act is amended by striking out ``Conseil des ministres" in the fifth line and substituting ``Conseil excutif".
(2)The French version of clause 8 (d) of the Act is amended by striking out ``Conseil des ministres" in the fourth line and substituting ``Conseil excutif".
Commencement
2.This Schedule comes into force on the day the Red Tape Reduction Act, 1999 receives Royal Assent.