[37] Bill 45 Royal Assent (PDF)
Bill 45 2001
An Act to implement
measures contained in the
2001 Budget and to amend
various statutes
CONTENTS
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Part I Part II Part III Part IV Part V Part VI Part VII Part VIII Part IX Part X Part XI Part XII Part XIII Part XIV Part XV Part XVI Part XVII Part XVIII Part XIX Part XX Part XXI Part XXII Part XXIII |
Business Corporations Act Capital Investment Plan Act, 1993 Co-operative Corporations Act Corporations Tax Act Credit Union and Caisses Populaires Act, 1994 Health Insurance Act Income Tax Act Insurance Act Law Society Act Loan and Trust Corporations Act Ministry of Training, Colleges and Universities Act Mortgage Brokers Act Municipal Act Ontario Property Assessment Corporation Act, 1997 and consequential amendments Public Accountancy Act Registered Insurance Brokers Act Regulated Health Professionals Act, 1991 Retail Sales Tax Act Social Work and Social Service Work Act, 1998 The Succession Duty Act Supplementary Provisions Act, 1980 Tobacco Tax Act Veterinarians Act Commencement and short title |
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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
BUSINESS CORPORATIONS ACT
1. (1) Subsection 3.3 (1) of the Business Corporations Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 2, is amended by striking out "and the corporation does not cease to exist" in the portion before clause (a) and substituting "and the corporation does not cease to be a professional corporation".
(2) Subsection 3.3 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 2, is amended by striking out "and the corporation ceases to exist" and substituting "and the corporation ceases to be a professional corporation".
(3) Section 3.3 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 2, is amended by adding the following subsection:
Name change
(4) A corporation that ceases to be a professional corporation shall change its name to remove from it the word "professional" or "professionnelle".
2. Section 3.4 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 2, is amended by adding the following subsections:
Same
(5) The liability of a member under subsection (4) cannot be greater than his or her liability would be in the circumstances if he or she were not practising through the professional corporation.
Same, partnerships and limited liability
partnerships
(6) If a professional corporation is a partner in a partnership or limited liability partnership, the shareholders of the corporation have the same liability in respect of the partnership or limited liability partnership as they would have if the shareholders themselves were the partners.
Commencement
3. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 1 and 2 come into force on a day to be named by proclamation of the Lieutenant Governor.
PART II
CAPITAL INVESTMENT PLAN ACT, 1993
4. Section 35 of the Capital Investment Plan Act, 1993 is amended by adding the following subsection:
Effect of delegation, etc.
(5) Despite section 6 of the Executive Council Act, a deed or contract signed by a person acting under the authority of a delegation made under subsection (2) or authorized under subsection (4) has the same effect as if it were signed by the Minister of Finance.
Commencement
5. This Part comes into force on the day this Act receives Royal Assent.
PART III
CO-OPERATIVE CORPORATIONS ACT
6. Clause (a) of the definition of "certified copy" in subsection 1 (1) of the Co-operative Corporations Act is repealed and the following substituted:
(a) in relation to a document of a co-operative, a copy of the document certified to be a true copy signed by an officer,
7. Clause 5 (3) (a) of the Act is amended by striking out "and" at the end of subclause (iii), by adding "and" at the end of subclause (iv) and by adding the following subclause:
(v) the classes of membership, if any, setting forth the designation of and the terms and conditions attaching to each class of membership;
8. Section 13 of the Act is repealed.
9. Subsection 18 (1) of the Act is repealed.
10. Subsection 25 (2) of the Act is repealed and the following substituted:
Par value
(2) Each class of shares shall have a minimum par value of $1 or any multiple of $1 that results in a par value expressed in dollars without cents.
11. Subsection 55 (4) of the Act is repealed and the following substituted:
Limitation of patronage return
(4) The co-operative may by by-law provide that, if the value of the goods or products acquired, marketed, handled, dealt in or sold, or services rendered by the co-operative from or on behalf of or to any member or non-member in any year does not exceed an amount specified in the by-law, no patronage return shall be allocated, credited or paid to such member or non-member.
12. Clause 57 (2) (b) of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 2, is repealed and the following substituted:
(b) as an investment by the member in shares of the co-operative, but no member shall be required to purchase membership shares for more than the par value of the shares or purchase preference shares for more than the par value plus any premium.
13. (1) Subsection 61 (3) of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 2, is repealed and the following substituted:
Membership
(3) A subscription for membership shares in a co-operative with share capital constitutes an application for membership and the allotment of the minimum number of membership shares required for membership to the applicant constitutes admission to membership.
(2) Section 61 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, sections 2 and 17, is further amended by adding the following subsection:
Jointly held membership
(5) Two or more persons may jointly hold a membership if the by-laws of the co-operative provide for joint membership and, in determining the number of members for the purposes of this Act, those persons shall count as one member.
14. Subsection 64 (1) of the Act is repealed and the following substituted:
Notice of withdrawal
(1) Subject to section 67, a member may withdraw from a co-operative by giving to the secretary of the co-operative six months notice of the member's intention to withdraw or such shorter notice as is established by by-law.
15. Section 75 of the Act is amended by adding the following subsections:
Waiver of notice
(2.1) A member, shareholder and any other person entitled to attend a meeting of members or shareholders may, in any manner and at any time, waive notice of the meeting.
Deemed waiver
(2.2) Attendance of a member, shareholder and any other person entitled to attend a meeting of members or shareholders constitutes a waiver of notice of the meeting unless the person attends the meeting for the express purpose of objecting to the transaction of business on the grounds that the meeting is not lawfully called.
16. Section 84 of the Act is repealed and the following substituted:
Joint shareholders
84. If two or more persons jointly hold a membership, any one of them present at a meeting of members has the right to vote in the absence of the other or others but if more than one of them are present and vote, they shall vote together as one on the membership jointly held by them.
17. Subsection 128 (3) of the Act is repealed and the following substituted:
Inspection of auditor's report
(3) The report of the auditor to the members shall be open to inspection at the annual meeting by any member.
Commencement
18. This Part comes into force on the day this Act receives Royal Assent.
PART IV
CORPORATIONS TAX ACT
19. (1) Subsection 11 (8.1) of the Corporations Tax Act, as enacted by the Statutes of Ontario, 2000, chapter 10, section 1, is amended by striking out "and" at the end of clause (b) and by striking out clause (c) and substituting the following:
(c) 5/14 multiplied by the ratio of the number of days in the taxation year that are after December 31, 2000 and before January 1, 2002 to the total number of days in the taxation year;
(d) 5/12.5 multiplied by the ratio of the number of days in the taxation year that are after December 31, 2001 and before January 1, 2003 to the total number of days in the taxation year;
(e) 5/11 multiplied by the ratio of the number of days in the taxation year that are after December 31, 2002 and before January 1, 2004 to the total number of days in the taxation year;
(f) 5/9.5 multiplied by the ratio of the number of days in the taxation year that are after December 31, 2003 and before January 1, 2005 to the total number of days in the taxation year; and
(g) 5/8 multiplied by the ratio of the number of days in the taxation year that are after December 31, 2004 to the total number of days in the taxation year.
(2) Section 11 of the Act, as amended by the Statutes of Ontario, 1992, chapter 3, section 2, 1994, chapter 14, section 4, 1996, chapter 29, section 37, 1997, chapter 43, Schedule A, section 5, 1998, chapter 34, section 28, 1999, chapter 9, section 75 and 2000, chapter 10, section 1, is further amended by adding the following subsection:
Application provision, 2001 Budget
(29) Clauses (8.1) (c), (d), (e), (f) and (g), as they are enacted or re-enacted, as the case may be, by the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001, apply with respect to taxation years ending after December 31, 2001.
20. (1) Subsection 38 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 10, section 2, is amended by striking out "and" at the end of clause (b) and by striking out clause (c) and substituting the following:
(c) 14 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2000 and before January 1, 2002 to the total number of days in the taxation year;
(d) 12.5 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2001 and before January 1, 2003 to the total number of days in the taxation year;
(e) 11 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2002 and before January 1, 2004 to the total number of days in the taxation year;
(f) 9.5 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2003 and before January 1, 2005 to the total number of days in the taxation year; and
(g) 8 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2004 to the total number of days in the taxation year.
(2) Section 38 of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 10, section 2, is amended by adding the following subsection:
Application provision, 2001 Budget
(4) Clauses (2) (c), (d), (e), (f) and (g), as they are enacted or re-enacted, as the case may be, by the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001, apply with respect to taxation years ending after December 31, 2001.
21. (1) Clauses 41 (1.1) (e), (f), (g) and (h) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 10, section 4, are repealed and the following substituted:
(e) 6.5 per cent, in respect of a taxation year that ends after December 31, 2001 and before January 1, 2003;
(f) 5.5 per cent, in respect of a taxation year that ends after December 31, 2002 and before January 1, 2004;
(g) 4.5 per cent, in respect of a taxation year that ends after December 31, 2003 and before January 1, 2005; and
(h) 4 per cent, in respect of a taxation year that ends after December 31, 2004.
(2) Subsection 41 (1.4) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 5, section 10 and amended by 2000, chapter 10, section 4, is repealed and the following substituted:
Same, 2002 and later
(1.4) Despite clauses (1.1) (d) to (h), if the taxation year begins on or before the December 31 indicated in the applicable clause, the change in the percentage from the percentage set out in the preceding clause to the percentage set out in the applicable clause shall be prorated according to the number of days in the taxation year that are after that December 31.
(3) Section 41 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule B, section 5, 1998, chapter 5, section 10 and 2000, chapter 10, section 4, is further amended by adding the following subsection:
Application provision, 2001 Budget
(7) Clauses (1.1) (e), (f), (g) and (h) and subsection (1.4), as they are enacted or re-enacted, as the case may be, by the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001, apply with respect to taxation years ending after December 31, 2001.
22. (1) Clauses 41.1 (3) (e), (f), (g) and (h) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 10, section 5, are repealed and the following substituted:
(e) 4.333 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2001 and before January 1, 2003 to the total number of days in the taxation year;
(f) 3.667 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2002 and before January 1, 2004 to the total number of days in the taxation year;
(g) 3 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2003 and before January 1, 2005 to the total number of days in the taxation year; and
(h) 2.667 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2004 to the total number of days in the taxation year.
(2) Section 41.1 of the Act, as enacted by the Statutes of Ontario, 1992, chapter 3, section 9 and amended by 1994, chapter 14, section 15 and 2000, chapter 10, section 5, is further amended by adding the following subsection:
Application provision, 2001 Budget
(8) Clauses (3) (e), (f), (g) and (h), as they are enacted or re-enacted, as the case may be, by the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001, apply with respect to taxation years ending after December 31, 2001.
23. (1) Clauses 43 (1.1) (c) and (d) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 15, are repealed and the following substituted:
(c) 1.5 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2000 and before January 1, 2003 to the total number of days in the taxation year;
(d) 1 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2002 and before January 1, 2004 to the total number of days in the taxation year;
(e) 0.5 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2003 and before January 1, 2005 to the total number of days in the taxation year; and
(f) zero per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2004 to the total number of days in the taxation year.
(2) Section 43 of the Act, as amended by the Statutes of Ontario, 1992, chapter 3, section 10, 1994, chapter 14, section 16, 1998, chapter 5, section 12, 2000, chapter 10, section 6 and 2000, chapter 42, section 15, is further amended by adding the following subsection:
Transition, 2001 Budget
(1.2) The amount that may be deducted under subsection (1) by a corporation for a taxation year ending after December 31, 2001 may not exceed the amount that would be determined under subsection (1) for the taxation year if the reference in that subsection to "2 per cent" were read as the total of,
(a) 2 per cent multiplied by the ratio of the number of days in the taxation year that are before January 1, 2002 to the total number of days in the taxation year;
(b) 1.5 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2001 and before January 1, 2003 to the total number of days in the taxation year;
(c) 1 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2002 and before January 1, 2004 to the total number of days in the taxation year;
(d) 0.5 per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2003 and before January 1, 2005 to the total number of days in the taxation year; and
(e) zero per cent multiplied by the ratio of the number of days in the taxation year that are after December 31, 2004 to the total number of days in the taxation year.
(3) Paragraphs 5, 6, 7 and 8 of clause 43 (4) (b) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 10, section 6, are repealed and the following substituted:
5. B/C × H/Z × A/0.065
6. B/C × I/Z × A/0.055
7. B/C × J/Z × A/0.045
8. B/C × K/Z × A/0.040
(4) Section 43 of the Act, as amended by the Statutes of Ontario, 1992, chapter 3, section 10, 1994, chapter 14, section 16, 1998, chapter 5, section 12, 2000, chapter 10, section 6 and 2000, chapter 42, section 15, is further amended by adding the following subsection:
Application provision, 2001 Budget
(7) Clauses (1.1) (c), (d), (e) and (f), subsection (1.2) and paragraphs 5, 6, 7 and 8 of clause (4) (b), as they are enacted or re-enacted, as the case may be, by the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001, apply with respect to taxation years ending after December 31, 2001.
24. (1) Clause 48 (2) (b) of the Act is repealed and the following substituted:
(b) the percentage referred to in subparagraph (a) (i) thereof shall be read as if it were the amount, expressed as a percentage, calculated using the formula,
Y × Z
in which,
"Y" is the specified basic rate of the corporation for the taxation year as described in subsection 38 (2), and
"Z" is the fraction in paragraph 38 (a) of the Income Tax Act (Canada) that applies to the corporation for the taxation year.
(2) Subsection 48 (4) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 29, section 53, is amended by inserting "and before February 28, 2000" after "for taxation years ending after December 31, 1989".
(3) Section 48 of the Act, as amended by the Statutes of Ontario, 1994, chapter 14, section 19, 1996, chapter 29, section 53, 1998, chapter 34, section 46 and 2000, chapter 10, section 7, is further amended by adding the following subsections:
Interpretation, capital gains dividend account
(4.1) In the application of the definition of "capital gains dividend account" in subsection 131 (6) of the Income Tax Act (Canada) for taxation years ending after February 27, 2000, subparagraph (b) (iii) of the definition shall be applied as if it referred instead to the amount calculated using the formula,
S × 100/(Y × Z)
in which,
"S" is the amount of the corporation's capital gains refund for any taxation year if it was a mutual fund corporation throughout the year and if the year ended more than 60 days before the time referred to in the definition of "capital gains dividend account" in subsection 131 (6) of the Income Tax Act (Canada) and after December 31, 1989,
"Y" is the specified basic rate of the corporation for the taxation year as described in subsection 38 (2), and
"Z" is the fraction in paragraph 38 (a) of the Income Tax Act (Canada) that applies to the corporation for the taxation year.
Interpretation, capital gains redemptions
(4.2) In the application of the definition of "capital gains redemptions" in subsection 131 (6) of the Income Tax Act (Canada) for taxation years ending after February 27, 2000, the fraction referred to in "C" in the formula set out in the definition shall be read as if it were the amount calculated using the formula,
100/(Y × Z)
in which,
"Y" is the specified basic rate of the corporation for the taxation year as described in subsection 38 (2), and
"Z" is the fraction in paragraph 38 (a) of the Income Tax Act (Canada) that applies to the corporation for the taxation year.
. . . . .
Application provision, 2001 Budget
(9) Clause (2) (b) and subsections (4.1) and (4.2), as they are enacted or re-enacted, as the case may be, by the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001, apply with respect to taxation years ending after February 27, 2000.
25. (1) Clauses 51 (4.1) (c), (d), (e) and (f) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 10, section 8, are repealed and the following substituted:
(c) 6.5 per cent multiplied by the ratio of the number of days in the taxation year after December 31, 2001 and before January 1, 2003 to the total number of days in the taxation year;
(d) 5.5 per cent multiplied by the ratio of the number of days in the taxation year after December 31, 2002 and before January 1, 2004 to the total number of days in the taxation year;
(e) 4.5 per cent multiplied by the ratio of the number of days in the taxation year after December 31, 2003 and before January 1, 2005 to the total number of days in the taxation year; and
(f) 4 per cent multiplied by the ratio of the number of days in the taxation year after December 31, 2004 to the total number of days in the taxation year.
(2) Section 51 of the Act, as amended by the Statutes of Ontario, 2000, chapter 10, section 8, is further amended by adding the following subsection:
Application provision, 2001 Budget
(7) Clauses (4.1) (c), (d), (e) and (f), as they are re-enacted by the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001, apply with respect to taxation years ending after December 31, 2001.
26. Paragraphs 1 and 2 of subsection 62.1 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 43, Schedule A, section 33 and amended by 1998, chapter 34, section 49, are repealed and the following substituted:
1. If the financial institution is related at any time in the taxation year to another corporation that,
i. is a financial institution,
ii. has a permanent establishment in Canada, and
iii. is not exempt by virtue of subsection 71 (1) from tax under this Part,
the financial institution's capital deduction for the taxation year is the amount calculated using the formula,
A/B × [($2 million × C/D) + ($5 million × E/D)]
in which,
"A" is the amount that is the financial institution's taxable capital employed in Canada for the taxation year for the purposes of Part I.3 of the Income Tax Act (Canada),
"B" is the total of the amount of "A" for the taxation year and all amounts, each of which is the amount that is the taxable capital employed in Canada for the purposes of Part I.3 of the Income Tax Act (Canada) of a related financial institution for its last taxation year ending before the end of the financial institution's taxation year, if the related institution has a permanent establishment in Canada and is not exempt by virtue of subsection 71 (1) from tax under this Part,
"C" is the number of days in the taxation year before January 1, 2002,
"D" is the number of days in the taxation year,
"E" is the number of days in the taxation year after December 31, 2001.
2. In any other case, the financial institution's capital deduction for the taxation year is the amount calculated using the formula,
($2 million × C/D) + ($5 million × E/D)
in which "C", "D" and "E" have the same meaning as in paragraph 1.
27. (1) Clause 68 (1) (a) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 42, section 20, is repealed and the following substituted:
(a) neither the corporation's total assets at the end of the taxation year nor its gross revenue for the taxation year, as recorded in its books and records, exceeds,
(i) $1 million for a taxation year ending before January 1, 2001,
(ii) $1.5 million for a taxation year ending after December 31, 2000 and commencing before January 1, 2002, or
(iii) $3 million for a taxation year commencing after December 31, 2001; or
. . . . .
(2) Clause 68 (1) (b) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 90, is repealed and the following substituted:
(b) the corporation's taxable paid-up capital as determined under Division B of this Part for the taxation year does not exceed $2 million if the taxation year commences before January 1, 2002 or $5 million if the taxation year commences after December 31, 2001.
(3) Subsection 68 (3) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 90, is amended by striking out the portion before paragraph 1 and substituting the following:
No exemption
(3) Subsection (1) does not apply to a corporation for a taxation year if the sum of the following amounts exceeds $2 million if the taxation year commences before January 1, 2002 or $5 million if the taxation year commences after December 31, 2001:
. . . . .
28. (1) The definitions of "G" and "H" in paragraph 5 of subsection 69 (2) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 91, are repealed and the following substituted:
"G" is the sum of the amounts described in paragraphs 6 to 9,
"H" is,
i. for a taxation year that ends before January 1, 2002, the sum of the corporation's taxable paid-up capital for the taxation year and the taxable paid-up capital of each corporation, if any, with which it is associated, for the last taxation year of the associated corporation ending during the corporation's taxation year, or
ii. for a taxation year that ends after December 31, 2001, the sum of the corporation's taxable paid-up capital for the taxation year and the taxable paid-up capital of each corporation, if any, that has a permanent establishment in Canada and with which it is associated, for the last taxation year of the associated corporation ending during the corporation's taxation year.
(2) Paragraphs 9 and 10 of subsection 69 (2) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 91, are repealed and the following substituted:
9. For the purposes of the variable "G" in paragraph 5, the fourth amount is calculated using the formula,
(0.003 × Q) × R/F
in which,
"F" is the number of days in the taxation year,
"Q" is the lesser of,
i. $5 million, and
ii. the corporation's taxable paid-up capital for the taxation year or, if the corporation is associated with one or more corporations in the taxation year that have a permanent establishment in Canada, the total of the taxable paid-up capital of the corporation for the taxation year and of each such associated corporation for the last taxation year of the associated corporation ending during the corporation's taxation year,
"R" is the number of days in the taxation year that are after December 31, 2001.
(3) Subsection 69 (4) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 9, section 91, is amended by striking out the portion before paragraph 1 and substituting the following:
No tax reduction
(4) Paragraphs 1 to 8 of subsection (2) do not apply to a corporation for a taxation year commencing before January 1, 2002 if the sum of the following amounts exceeds $3.2 million:
. . . . .
Commencement
29. (1) Subject to subsections (2) and (3), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Section 24 shall be deemed to have come into force on February 28, 2000.
Same
(3) Sections 19 to 23 and 25 to 28 come into force on January 1, 2002.
PART V
CREDIT UNIONS AND
CAISSES POPULAIRES ACT, 1994
30. Subsection 276 (2) of the Credit Unions and Caisses Populaires Act, 1994 is repealed and the following substituted:
Annual premiums
(2) The Corporation shall, within 120 days after the start of each fiscal year of a credit union, establish for, assess and collect from the credit union an annual premium, under prescribed conditions, to meet its administrative costs, insurance funding and the administrative costs of stabilization authorities.
Commencement
31. This Part comes into force on the day this Act receives Royal Assent.
PART VI
HEALTH INSURANCE ACT
32. (1) Clause 15 (3) (b) of the Health Insurance Act, as re-enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 17, is repealed and the following substituted:
(b) he or she shall not,
(i) submit any other account for any amount in respect of an insured service rendered to an insured person,
(ii) accept any benefit other than a payment by the Plan in respect of an insured service rendered to an insured person; and
. . . . .
(2) Section 15 of the Act, as amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 17, is further amended by adding the following subsection:
Same
(3.1) Where a physician submits his or her accounts directly to the Plan under this section, no other person or entity shall,
(a) submit any account for any amount in respect of an insured service rendered to an insured person by the physician; or
(b) accept any benefit in respect of an insured service rendered to an insured person by the physician other than a payment by the Plan made under a direction of the physician given in accordance with section 16.1.
33. (1) Clause 16 (3) (b) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 18, is repealed and the following substituted:
(b) he or she shall not,
(i) submit any other account for any amount in respect of an insured service rendered to an insured person,
(ii) accept any benefit other than a payment by the Plan in respect of an insured service rendered to an insured person; and
. . . . .
(2) Section 16 of the Act, as amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 18, is further amended by adding the following subsection:
Same
(3.1) Where a practitioner submits his or her accounts directly to the Plan under this section, no other person or entity shall,
(a) submit any account for any amount in respect of an insured service rendered to an insured person by the practitioner; or
(b) accept any benefit in respect of an insured service rendered to an insured person by the practitioner other than a payment by the Plan made under a direction of the practitioner given in accordance with section 16.1.
Commencement
34. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 32 and 33 come into force on a day to be named by proclamation of the Lieutenant Governor.
PART VII
INCOME TAX ACT
35. Paragraph 9 of subsection 3 (1) of the Income Tax Act, as re-enacted by the Statutes of Ontario, 2000, chapter 42, section 49, is repealed and the following substituted:
9. The additional tax for the 2001 and 2002 taxation years is the aggregate of,
i. 20 per cent of the amount, if any, by which the gross tax amount of the individual for the taxation year exceeds $3,560, and
ii. 36 per cent of the amount, if any, by which the gross tax amount of the individual for the taxation year exceeds $4,491.
10. The additional tax for the 2003 and each subsequent taxation year is 56 per cent of the amount, if any, by which the gross tax amount of the individual for the taxation year exceeds $4,491.
36. (1) The definitions of "lowest tax rate" and "middle tax rate" in subsection 4 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 10, section 13, are repealed and the following substituted:
"lowest tax rate" means,
(a) 6.37 per cent for the 2000 taxation year,
(b) 6.2 per cent for the 2001 taxation year,
(c) 6.05 per cent for the 2002 taxation year, and
(d) 5.65 per cent for the 2003 and each subsequent taxation year; ("taux d'imposition le moins élevé")
"middle tax rate" means,
(a) 9.62 per cent for the 2000 taxation year,
(b) 9.24 per cent for the 2001 taxation year,
(c) 9.15 per cent for the 2002 taxation year, and
(d) 8.85 per cent for the 2003 and each subsequent taxation year; ("taux d'imposition moyen")
(2) Subsection 4 (3.4) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 42, section 50, is amended by inserting "and before January 1, 2001" after "after December 31, 1999".
(3) Section 4 of the Act, as amended by the Statutes of Ontario, 1992, chapter 25, section 2, 1993, chapter 29, section 4, 1996, chapter 1, Schedule C, section 4, 1996, chapter 18, section 2, 1996, chapter 24, section 12, 1997, chapter 10, section 2, 1998, chapter 5, section 2, 1999, chapter 9, section 117, 2000, chapter 10, section 13 and 2000, chapter 42, section 50, is further amended by adding the following subsection:
Dividend tax credit,
after 2000
(3.4.1) In determining the amount of tax payable for a taxation year ending after December 31, 2000, an individual who is resident in Ontario on the last day of the taxation year may deduct an amount equal to the lesser of,
(a) the amount of tax payable by the individual for the taxation year under paragraph 1, 2, 3 or 4 of subsection (3), less all amounts deductible for the year under subsection (3.1); and
(b) the amount, if any, calculated using the formula,
A/B × D
in which,
"A" is the highest tax rate for the year,
"B" is the highest percentage referred to in subsection 117 (2) of the Federal Act that applies in determining the amount of tax payable under Part I of that Act for the year, and
"D" is the amount, if any, that is deductible by the individual for the year under section 121 of the Federal Act.
(4) Subsection 4 (3.5) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 10, section 13, is amended by inserting "and before January 1, 2001" after "after December 31, 1999".
(5) Section 4 of the Act, as amended by the Statutes of Ontario, 1992, chapter 25, section 2, 1993, chapter 29, section 4, 1996, chapter 1, Schedule C, section 4, 1996, chapter 18, section 2, 1996, chapter 24, section 12, 1997, chapter 10, section 2, 1998, chapter 5, section 2, 1999, chapter 9, section 117, 2000, chapter 10, section 13 and 2000, chapter 42, section 50, is further amended by adding the following subsection:
Overseas employment tax credit,
after 2000
(3.5.1) In determining the amount of tax payable for a taxation year ending after December 31, 2000, an individual who is resident in Ontario on the last day of the taxation year may deduct an amount equal to the amount calculated using the formula,
A/B × P
in which,
"A" is the highest tax rate for the year,
"B" is the highest percentage referred to in subsection 117 (2) of the Federal Act that applies in determining the amount of tax payable under Part I of that Act for the year, and
"P" is the amount, if any, that is deductible by the individual for the year under section 122.3 of the Federal Act.
37. (1) Subsections 4.0.1 (5) and (6) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, are repealed and the following substituted:
Credit, in-home care
(5) The amount of an individual's credit for a taxation year for in-home care of a person is the amount calculated using the formula,
A × (ZZ _ D)
in which,
"A" is the lowest tax rate for the year,
"D" is the greater of the person's income for the year and,
(a) $11,661 for a taxation year ending after December 31, 1999 and before January 1, 2001, or
(b) $11,976 for a taxation year ending after December 31, 2000, and
"ZZ" is,
(a) $14,047 for a taxation year ending after December 31, 1999 and before January 1, 2001, or
(b) $15,476 for a taxation year ending after December 31, 2000.
Dependant credit
(6) The amount of an individual's credit for a taxation year in respect of a dependant described in paragraph 118 (1) (d) of the Federal Act is the amount calculated using the formula,
A × (YY _ E)
in which,
"A" is the lowest tax rate for the year,
"E" is the greater of the dependant's income for the year and,
(a) $4,845 for a taxation year ending after December 31, 1999 and before January 1, 2001, or
(b) $4,976 for a taxation year ending after December 31, 2000, and
"YY" is,
(a) $7,231 for a taxation year ending after December 31, 1999 and before January 1, 2001, or
(b) $8,476 for a taxation year ending after December 31, 2000.
(2) Subsection 4.0.1 (11) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is amended by inserting "ending after December 31, 1999 and before January 1, 2001" after "for a taxation year".
(3) Section 4.0.1 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is amended by adding the following subsection:
Credit after 2000, impairment
(11.1) The amount of an individual's credit for a taxation year ending after December 31, 2000 in respect of a mental or physical impairment is the amount calculated using the formula,
A × ($6,000 + XX)
in which,
"A" is the lowest tax rate for the year, and
"XX" is,
(a) for an individual who has not reached 18 years of age before the end of the taxation year, the amount, if any, by which $3,500 exceeds the amount, if any, by which the total of all amounts each of which is an amount paid in the year for the care or supervision of the individual and is included in computing a deduction for a taxation year under section 63, 64 or 118.2 of the Federal Act exceeds $2,050, or
(b) in any other case, zero.
(4) Subsection 4.0.1 (13) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is repealed and the following substituted:
Unused tuition and education credits
(13) The amount of an individual's unused tuition and education credits for a taxation year is the lesser of "L" and "M" where,
"L" is the amount of the individual's unused tuition and education tax credits at the end of the prior taxation year, calculated using the formula in subsection (14), and
"M" is the amount of tax that would be payable by the individual for the year under subsection 4 (3) if no amount were deductible under paragraphs 13 to 19 of subsection 4 (3.1) or under subsection 4 (3.4) for the year and if no tax were payable under section 3 for the year.
(5) The definition of "R" in subsection 4.0.1 (14) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is repealed and the following substituted:
"R" is the amount that may be deducted under paragraph 12 of subsection 4 (3.1) for the prior taxation year, and
. . . . .
(6) Subsection 4.0.1 (15) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is repealed and the following substituted:
Transition, unused tuition
and education credits
(15) If an individual was resident in a province other than Ontario on the last day of the prior taxation year, the individual's unused tuition and education credits at the end of that year equals the amount that would be his or her unused tuition and education credits at the end of that year,
(a) as determined under the comparable provision of a taxing statute of the other province, calculated as if the percentage applied under the relevant provisions of that statute were, at all material times, the lowest tax rate instead of the percentage applied under those provisions; or
(b) if there is no comparable provision of a taxing statute of the other province, as determined under section 118.61 of the Federal Act, calculated as if the percentage applied under sections 118.5 and 118.6 of that Act in computing the individual's tuition and education credits were, at all material times, the lowest tax rate instead of the appropriate percentage as defined in that Act.
(7) Section 4.0.1 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is amended by adding the following subsection:
Same, after 1999
(16.1) For the purposes of the definition of "L" in subsection (13), the amount of an individual's unused tuition and education credits at the end of a prior taxation year, if the prior taxation year ends after December 31, 1999, is the amount calculated using the formula,
A/VV × WW
in which,
"A" is the lowest tax rate for the taxation year for which the amount is determined under subsection (13),
"VV" is the lowest tax rate for the taxation year immediately prior to the taxation year for which the amount is determined under subsection (13), and
"WW" is the amount that would be the individual's unused tuition and education tax credits at the end of the prior taxation year if this subsection did not apply in determining the amount under subsection (13) for the taxation year.
(8) Subsection 4.0.1 (18) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is repealed and the following substituted:
Education credit
(18) The amount of an individual's education credit for a year ending after December 31, 1999 is the amount calculated using the formula,
A × (XX + YY)
in which,
"A" is the lowest tax rate for the year,
"XX" is the amount calculated by multiplying the number of months in the year during which the individual is enrolled in a qualifying education program as a full-time student at a designated educational institution for the purposes of section 118.6 of the Federal Act and,
(a) $200 for a taxation year ending after December 31, 1999 and before January 1, 2001, or
(b) $400 for a taxation year ending after December 31, 2000, and
"YY" is the amount calculated by multiplying the number of months in the year, other than months described in the definition of "XX", in which the individual is enrolled at a designated educational institution in a specified educational program, for the purposes of section 118.6 of the Federal Act, that provides that each student in the program spend not less than 12 hours in the month on courses in the program and,
(a) $60 for a taxation year ending after December 31, 1999 and before January 1, 2001, or
(b) $120 for a taxation year ending after December 31, 2000.
(9) The definition of "T" in subsection 4.0.1 (19) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is repealed and the following substituted:
"T" is,
(a) for a taxation year ending after December 31, 1999 and before January 1, 2001, the lesser of $319 and the sum of the tuition credit and education credit the person transferring the credits would be entitled to deduct for the taxation year, and
(b) for a taxation year ending after December 31, 2000, the lesser of,
(i) $5,000 multiplied by the lowest tax rate for the taxation year, or
(ii) the sum of the tuition credit and education credit the person transferring the credits would be entitled to deduct for the year,
(10) The definition of "V" in subsection 4.0.1 (20) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 51, is repealed and the following substituted:
"V" is,
(a) for a taxation year ending after December 31, 1999 and before January 1, 2001, the lesser of $319 and the sum of the tuition credit and education credit the person transferring the credits would be entitled to deduct for the taxation year, and
(b) for a taxation year ending after December 31, 2000, the lesser of,
(i) $5,000 multiplied by the lowest tax rate for the taxation year, or
(ii) the sum of the tuition credit and education credit the person transferring the credits would be entitled to deduct for the year, and
. . . . .
38. (1) Paragraph 1 of subsection 4.0.2 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 52, is repealed and the following substituted:
1. Subsections 4 (3), 4.0.1 (2) to (6), (8), (10), (11), (11.1), (18), (19), (20) and (23).
(2) Section 4.0.2 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 52, is amended by adding the following subsection:
Exception, 2001 taxation year
(1.1) Despite subsection (1), the dollar amounts referred to in subsections 4.0.1 (5), (6), (11.1) or (18), as those subsections apply for a taxation year ending after December 31, 2000 and before January 1, 2002, are not to be adjusted using the formula in subsection (3).
(3) Subsection 4.0.2 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 52, is repealed and the following substituted:
Indexing, surtax
(2) For each taxation year ending after December 31, 2001, each dollar amount in paragraphs 9 and 10 of subsection 3 (1) is adjusted to the amount calculated using the formula in subsection (3).
39. The definition of "M" in subsection 4.4 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 10, section 15, is repealed and the following substituted:
"M" is the amount (if any) by which the individual's minimum amount for the year as determined under section 127.51 of the Federal Act exceeds the amount of the individual's special foreign tax credit for the year as determined under subsection 127.54 (2) of the Federal Act,
40. Section 8 of the Act, as amended by the Statutes of Ontario, 1992, chapter 18, section 55, 1992, chapter 25, section 3, 1993, chapter 29, section 6, 1994, chapter 17, section 99, 1996, chapter 1, Schedule C, section 8, 1996, chapter 24, section 13, 1996, chapter 29, section 9, 1997, chapter 19, section 9, 1997, chapter 43, Schedule B, section 4, 1998, chapter 5, section 3, 1998, chapter 9, section 81, 1998, chapter 34, section 69, 1999, chapter 9, section 120 and 2000, chapter 42, section 55, is further amended by adding the following subsection:
Equity in education tax credit
(15.5) An individual who is a qualifying taxpayer for the purposes of section 8.4.2 for a taxation year ending after December 31, 2001, may deduct from tax otherwise payable under this Act for the taxation year the total of all amounts each of which is the qualifying taxpayer's share of the equity in education tax credit for an eligible child as determined under that section.
41. The Act is amended by adding the following section:
Equity in education tax credit
8.4.2 (1) In this section,
"eligible child" means, in respect of a qualifying taxpayer, an individual who satisfies the rules prescribed by the regulations; ("enfant admissible")
"eligible course of study" means an elementary or secondary school course of study,
(a) that is provided by an eligible independent school to a pupil enrolled in the school,
(b) that satisfies the rules prescribed by the regulations; ("programme d'études admissible")
"eligible fees" means the amount determined under the rules prescribed by the regulations; ("frais admissibles")
"eligible independent school" means a school that satisfies the rules prescribed by the regulations or a school that is designated by regulation as an eligible independent school; ("école indépendante admissible")
"qualifying taxpayer" means, in respect of a taxation year, a person,
(a) who is an individual for the purposes of section 8,
(b) who is resident in Ontario on the last day of the taxation year, and
(c) who satisfies the rules prescribed by the regulations. ("contribuable admissible")
Amount of tax credit
(2) The amount of the equity in education tax credit in respect of an eligible child for a taxation year is the amount calculated using the formula,
A × B
in which,
"A" is the appropriate percentage for the taxation year as determined under subsection (3), and
"B" is the lesser of,
(a) the prescribed monthly amount for the taxation year or, if no amount is prescribed for the taxation year, the amount, not exceeding $7000, that is determined by multiplying $700 by the number of months in the taxation year in which the eligible child was enrolled in an eligible independent school as a full-time pupil and attending classes at the school in the taxation year in an eligible course of study, and
(b) the amount of eligible fees reasonably attributable to the taxation year that were paid by a qualifying taxpayer to an eligible independent school in respect of an eligible child who was enrolled in the school during the taxation year as a full-time pupil and attending classes at the school during the taxation year in an eligible course of study.
Appropriate percentage
(3) For the purposes of "A" in subsection (2), the appropriate percentage for a taxation year is determined as follows:
1. If the taxation year commences after December 31, 2001 and ends before January 1, 2003, the appropriate percentage is 10 per cent.
2. If the taxation year commences after December 31, 2002, the appropriate percentage is 20 per cent.
Qualifying taxpayer's share
(4) The amount of a qualifying taxpayer's share of the equity in education tax credit in respect of an eligible child for a taxation year is the amount of the credit determined under subsection (2) as apportioned in accordance with the rules prescribed by regulation.
Regulations
(5) The Minister may make regulations,
(a) prescribing rules for the purposes of the definitions in subsection (1);
(b) designating particular schools as eligible independent schools for the purposes of the definition;
(c) defining terms used in this section that are not already defined in the Act;
(d) prescribing rules for the purposes of determining a qualifying taxpayer's share of an equity in education tax credit under subsection (4).
Same, eligible independent schools
(6) A regulation prescribing rules for the purposes of the definition of "eligible independent school" may establish different classes of schools and prescribe different rules for each class.
Commencement
42. (1) Subject to subsections (2), (3) and (4), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Subsections 37 (5) and (6) and section 39 shall be deemed to have come into force on January 1, 2000.
Same
(3) The following provisions shall be deemed to have come into force on January 1, 2001:
1. Section 35.
2. Subsections 36 (2) to (5) and 37 (1) to (4) and (7) to (10).
3. Section 38.
Same
(4) Subsections 36 (1) and sections 40 and 41 come into force on January 1, 2002.
PART VIII
INSURANCE ACT
43. (1) Subsection 400 (2) of the Insurance Act, as amended by the Statutes of Ontario, 1994, chapter 11, section 341, is repealed and the following substituted:
When licences not to be issued
(2) Licences as agents shall not be issued to a corporation if it appears to the Superintendent or the organization recognized under subsection 393 (14), as the case may be, that the application is made for the purpose of acting as agent wholly or chiefly in the insurance of property owned by the corporation or by its shareholders or members, or in the placing of insurance for one person, firm, corporation, estate or family.
(2) Subsections 400 (3), (4) and (5) of the Act are repealed.
44. (1) Clauses 433 (1) (m) and (n) of the Act are repealed and the following substituted:
preferred shares
(m) the preferred shares of a corporation;
common shares
(n) the fully paid common shares of a corporation;
(2) Subsection 433 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 11, section 345, is further amended by adding the following clause:
mutual or pooled funds
(t) the assets of mutual or pooled funds, if the fund is established by a corporation that is duly authorized to operate a fund in which money from two or more depositors is accepted for investment and if shares allocated to each depositor serve to establish the proportionate interest at any time of each depositor.
(3) Section 433 of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 47, 1994, chapter 11, section 345 and 1997, chapter 28, section 143, is further amended by adding the following subsection:
Compliance with guidelines
(1.1) An insurer who invests in shares described in clause (1) (m) or (n) or in the assets of mutual or pooled funds described in clause (1) (t) is required to comply with guidelines issued by the Superintendent.
Commencement
45. This Part comes into force on the day this Act receives Royal Assent.
PART IX
LAW SOCIETY ACT
46. Section 27.1 of the Law Society Act, as enacted by the Statutes of Ontario, 1998, chapter 21, section 15 and amended by 2000, chapter 42, Schedule, section 21, is further amended by striking out "registered under the by-laws" and substituting "that holds a valid certificate of authorization under this Act".
47. Subsection 61.0.4 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 22, is amended by striking out "Subsections 34 (1) and (2), sections 36, 45, 46, 47, 48 and 49.2, subsection 49.3 (1) and sections 49.7 to 49.10, 49.44 to 49.52, 57 to 59 and 61" at the beginning and substituting "Sections 35, 36, 45 to 48 and 49.2, subsections 49.3 (1) and (2) and sections 49.7 to 49.10, 49.44 to 49.52, 57 to 59, 61 and 61.0.7".
48. (1) Subsection 61.0.5 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 22, is amended by striking out "The fiduciary and ethical obligations" at the beginning and substituting "The professional, fiduciary and ethical obligations".
(2) Subsection 61.0.5 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 22, is amended by striking out the portion before clause (a) and substituting the following:
Audit, etc.
(2) If an action or the conduct of a member, student member or another person practising law on behalf of a professional corporation is the subject of an audit, investigation or review,
. . . . .
49. Sections 61.0.6 and 61.0.7 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 22, are repealed and the following substituted:
Restrictions on certificate of authorization
61.0.6 A term, condition or limitation imposed on a person practising law through a professional corporation applies to the certificate of authorization of the corporation in relation to the practice of law through the person.
Prohibitions, professional corporations
61.0.7 (1) A corporation shall not act as a barrister or practise as a solicitor unless it is a professional corporation that holds a valid certificate of authorization under this Act.
Same, representations
(2) A corporation shall not represent or hold out expressly or by implication that is a professional corporation under this Act unless the corporation holds a valid certificate of authorization under this Act.
Prohibition, professional misconduct
(3) In the course of practising law, a professional corporation shall not engage in professional misconduct or conduct unbecoming a barrister or solicitor.
Prohibition, contraventions
(4) A professional corporation shall not contravene any provision of this Act.
Same
(5) A professional corporation shall not contravene a term, condition or limitation imposed on its certificate of authorization.
Prohibition, corporate matters
(6) A professional corporation shall not practise law when it does not satisfy the requirements for a professional corporation under subsection 3.2 (2) of the Business Corporations Act or under this Act.
50. Paragraph 28.1 of subsection 62 (0.1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 23, is amended by inserting "surrender" after "governing the issuance, renewal".
Commencement
51. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 46 to 50 come into force on a day to be named by proclamation of the Lieutenant Governor.
PART X
LOAN AND TRUST
CORPORATIONS ACT
52. (1) The following definitions in section 1 of the Loan and Trust Corporations Act are repealed:
1. The definition of "accountant".
2. The definition of "affiliate".
(2) The definition of "bank" in section 1 of the Act is repealed and the following substituted:
"bank" means a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada); ("banque")
(3) The following definitions in section 1 of the Act are repealed:
1. The definition of "bank mortgage subsidiary".
2. The definition of "branch".
3. The definition of "Commission", as enacted by the Statutes of Ontario, 1997, chapter 28, section 149.
4. The definition of "company".
(4) The definition of "corporation" in section 1 of the Act is repealed and the following substituted:
"corporation" means a loan corporation or a trust corporation; ("société")
(5) The definition of "deposit" in section 1 of the Act is repealed and the following substituted:
"deposit" means, in relation to a registered corporation, money received by it that is repayable on demand or after notice or that is repayable upon the expiry of a fixed term; ("dépôt")
(6) The following definitions in section 1 of the Act are repealed:
1. The definition of "extra-provincial corporation".
2. The definition of "financial statement".
3. The definition of "improved real estate".
4. The definition of "instrument of incorporation".
5. The definition of "law of Ontario".
6. The definition of "lending value".
(7) The definition of "loan corporation" in section 1 of the Act is amended by striking out "a bank mortgage subsidiary".
(8) The following definitions in section 1 of the Act are repealed:
1. The definition of "market value".
2. The definition of "Minister".
3. The definition of "Ministry".
4. The definition of "mortgage".
5. The definition of "offering corporation".
6. The definition of "officer".
7. The definition of "personal representative", as amended by the Statutes of Ontario, 1992, chapter 32, section 19.
8. The definition of "principal place of business"
9. The definition of " provincial corporation".
10. The definition of "registered form".
11. The definition of "resident Canadian".
12. The definition of "restricted party", as amended by the Statutes of Ontario, 1999, chapter 6, section 34.
13. The definition of "same-sex partner", as enacted by the Statutes of Ontario, 1999, chapter 6, section 34.
14. The definition of "securities register".
15. The definition of "security".
16. The definition of "special resolution".
17. The definition of "spouse".
18. The definition of "total assets", as amended by the Statutes of Ontario, 1997, chapter 19, section 13.
53. Section 2 of the Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 34, is repealed.
54. Section 3 of the Act is repealed and the following substituted:
Application of Act
3. This Act applies to all corporations.
55. Section 5 of the Act is repealed.
56. Section 6 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13 and 1999, chapter 12, Schedule I, section 5, is repealed.
57. Section 7 of the Act is repealed.
58. Sections 8 and 9 of the Act are repealed.
59. Section 10 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13 and 1999, chapter 12, Schedule I, section 5, is repealed.
60. Sections 11, 12 and 13 of the Act are repealed.
61. Sections 14 and 15 of the Act are repealed.
62. Section 16 of the Act, as amended by the Statutes of Ontario, 1997, chapter 23, section 9, is repealed.
63. Sections 17 and 18 of the Act are repealed.
64. Sections 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of the Act are repealed.
65. Section 29 of the Act is repealed.
66. Section 29.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 28, section 150, is repealed.
67. (1) Subsection 30 (3) of the Act is repealed and the following substituted:
Duty to keep registers
(3) The Superintendent shall keep the registers and shall record the following information in the register indicated:
1. In the Loan Corporations Register, the name of each loan corporation that has been granted registration and such other particulars as may be prescribed.
2. In the Trust Corporations Register, the name of each trust corporation that has been granted registration and such other particulars as may be prescribed.
(2) Clause 30 (5) (a) of the Act is repealed.
68. (1) Subsection 31 (1) of the Act is repealed and the following substituted:
Application for registration
(1) A corporation incorporated under the Trust and Loan Companies Act (Canada) may apply for initial registration as a loan corporation or as a trust corporation.
(2) Subsection 31 (3) of the Act is repealed.
(3) Subsection 31 (4) of the Act is repealed.
(4) Subsection 31 (6) of the Act is amended by inserting "in Ontario" after "in the locality".
(5) Subsections 31 (7), (8) and (9) of the Act are repealed.
69. The Act is amended by adding the following section:
Conditions to registration
31.1 (1) A corporation that applies for registration under section 31 is entitled to be registered if the corporation has the authority to carry on business under the Trust and Loan Companies Act (Canada) and if the corporation meets the requirements described in subsection 31 (5).
Same, trust corporations
(2) No corporation shall be registered as a trust corporation unless the corporation is authorized to act as a trustee under the Trust and Loan Companies Act (Canada).
70. (1) Subsection 32 (1) of the Act is repealed and the following substituted:
Conditions of registration,
extra-provincial corporations
(1) It is a continuing condition of registration of an extra-provincial corporation that it has filed with the Superintendent a power of attorney to one or more agents resident in Ontario and an undertaking signed by the proper corporate officers that the corporation and its subsidiaries will provide such information to the Superintendent as he or she may request and will adhere to this Act and to terms, conditions and restrictions, if any, imposed on its registration.
(2) Section 32 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13 and 1999, chapter 12, Schedule I, section 5 and by subsection (1) is repealed.
71. Sections 33 and 34 of the Act are repealed.
72. (1) Section 35 of the Act is amended by striking out "and subsection 34 (2) does not apply to such terms, conditions and restrictions" at the end.
(2) Section 35 of the Act, as amended by subsection (1), is repealed.
73. Section 36 of the Act is repealed and the following substituted:
Revocation on request
36. The Superintendent may revoke the registration of a registered corporation at the request of the corporation.
74. Section 37 of the Act is repealed and the following substituted:
Revocation of registration, federal corporations
37. (1) The registration of a corporation is revoked if the corporation receives notice that its authorization to carry on business under the Trust and Loan Companies Act (Canada) is revoked.
Effect of revocation
(2) When the registration of a corporation is revoked under subsection (1), the corporation shall cease to transact or undertake business in Ontario, except to the extent necessary to wind up its business in Ontario.
Same
(3) Subsection (2) does not apply if the corporation becomes registered again under this Act.
Same, liability
(4) Any liability incurred by the corporation after its registration is revoked may be enforced against it as if its registration had not been revoked.
75. Section 38 of the Act is repealed and the following substituted:
Termination of right to carry on business
38. (1) Subject to subsection (3), no corporation shall carry on the business of a loan corporation or a trust corporation after July 1, 2004.
Revocation of registration
(2) Subject to subsection (3), the registration of every corporation is revoked immediately after July 1, 2004.
Exception, federal corporations
(3) Subsections (1) and (2) do not apply to a corporation incorporated under the Trust and Loan Companies Act (Canada).
Immunity
(4) No action or proceeding may be brought against the Crown in right of Ontario, the Superintendent or anyone acting under the authority of the Superintendent in relation to the operation of subsection (1) or (2).
76. Sections 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51 of the Act are repealed.
77. Section 52 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 104, is repealed.
78. Sections 53, 54, 55, 56, 57 and 58 of the Act are repealed.
79. Sections 59, 60 and 61 of the Act are repealed.
80. Sections 62 and 63 of the Act are repealed.
81. Section 64 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13 and 1999, chapter 12, Schedule I, section 5, is repealed.
82. Sections 65, 66 and 67 of the Act are repealed.
83. (1) Subclause 68 (1) (a) (ii) of the Act is repealed.
(2) Subclause 68 (1) (a) (iv) of the Act is amended by striking out "sections 60 to 67" at the end and substituting "sections 62 to 67".
(3) Section 68 of the Act, as amended by subsections (1) and (2), is repealed.
84. (1) Section 69 of the Act is repealed and the following substituted:
Liability of directors, etc.
69. In determining any circumstances relevant to the performance of their duties under sections 62 to 67, the directors of a provincial corporation and any other person acting as proxy for a shareholder of the corporation may rely upon any statements made in any declaration made pursuant to a by-law made under subsection 68 (1) or they may rely upon their own knowledge of the circumstances and they are not liable in any action for anything done or omitted by them in good faith as a result of any conclusions drawn by them on the basis of the statements or knowledge.
(2) Section 69 of the Act, as re-enacted by subsection (1), is repealed.
85. Sections 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86 and 87 of the Act are repealed.
86. Section 88 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
87. Section 89 of the Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 34, is repealed.
88. Sections 90 and 91 of the Act are repealed.
89. Section 92 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13 and 1999, chapter 12, Schedule I, section 5, is repealed.
90. Sections 93, 94, 95, 96, 97, 98, 99, 100 and 101 of the Act are repealed.
91. Section 102 of the Act is repealed.
92. Sections 103, 104, 105, 106 and 107 of the Act are repealed.
93. Section 108 of the Act is repealed.
94. Section 109 of the Act is repealed.
95. Section 110 of the Act is repealed.
96. Sections 111, 112, 113, 114 and 115 of the Act are repealed.
97. Section 116 of the Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 34, is repealed.
98. Section 117 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 105, is repealed.
99. Sections 118, 119, 120, 121, 122, 123, 124 and 125 of the Act are repealed.
100. Section 126 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
101. Section 127 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 106, is repealed.
102. Section 128 of the Act is repealed.
103. Section 129 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 107, is repealed.
104. Sections 130 and 131 of the Act are repealed.
105. Section 132 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 108 and 1997, chapter 19, section 13, is repealed.
106. Section 133 of the Act is repealed.
107. Section 134 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 13 and amended by 1999, chapter 12, Schedule I, section 5, is repealed.
108. Section 135 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13 and 1999, chapter 12, Schedule I, section 5, is repealed.
109. Sections 136 and 137 of the Act are repealed.
110. Section 139 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
111. Section 140 of the Act is repealed.
112. Section 141 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13 and 1999, chapter 6, section 34, is repealed.
113. Section 142 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 109, 1997, chapter 19, section 13 and 1999, chapter 6, section 34, is repealed.
114. Section 143 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
115. Section 144 of the Act is repealed.
116. Section 145 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
117. Section 146 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
118. Section 147 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
119. Sections 148, 149 and 150 of the Act are repealed.
120. Section 151 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
121. Section 152 of the Act is repealed.
122. Section 153 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
123. Section 154 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 110 and 1997, chapter 19, section 13, is repealed.
124. Section 155 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 111 and 1997, chapter 19, section 13, is repealed and the following substituted.
Status of money received as a deposit
155. Money received by a trust corporation as a deposit shall be deemed to be held by it in trust for its depositors and the trust corporation shall be deemed to guarantee the repayment thereof.
125. Section 156 of the Act is repealed.
126. Section 157 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 112 and 1997, chapter 19, section 13, is repealed.
127. Section 158 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 113 and amended by 1997, chapter 19, section 13, is repealed.
128. Section 159 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 114 and 1997, chapter 19, section 13, is repealed.
129. Section 160 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
130. Section 161 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 115 and 1997, chapter 19, section 13, is repealed.
131. Section 162 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 116 and amended by 1997, chapter 19, section 13, is repealed.
132. Section 163 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 117 and amended by 1997, chapter 19, section 13, is repealed.
133. Section 164 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 117 and amended by 1997, chapter 19, section 13, is repealed.
134. Section 165 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 117 and amended by 1997, chapter 19, section 13, is repealed.
135. Section 170 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
136. Section 171 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
137. Section 172 of the Act is repealed.
138. Subsections 173 (3) to (11) of the Act are repealed.
139. Section 174 of the Act is repealed.
140. Subsection 175 (1) of the Act is repealed.
141. Section 176.1 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
142. Section 176.2 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
143. Section 176.3 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
144. Section 176.4 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
145. Section 176.5 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
146. Section 176.6 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
147. Section 176.7 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
148. Section 176.8 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
149. Section 176.9 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
150. Section 176.10 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 5, is repealed.
151. Section 183 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 155, is repealed.
152. Section 184 of the Act is repealed.
153. Section 185 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 156, is repealed.
154. Section 186 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 157, is repealed.
155. Section 187 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 158, is repealed.
156. Section 188 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
157. Clause 191 (1) (a) of the Act is repealed.
158. (1) Subsection 192 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 162, is repealed and the following substituted:
Superintendent's orders
(1) If, in the Superintendent's opinion, a corporation or other person is committing any act or pursuing any course of conduct that does not comply with this Act or the regulations, the Superintendent may give notice to the corporation or person of an intention to order him, her or it,
(a) to cease committing an act or to cease pursuing a course of conduct identified by the Superintendent; or
(b) to perform such acts as, in the Superintendent's opinion, are necessary to remedy the situation.
(2) Subsection 192 (7) of the Act is repealed.
159. Section 194 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13 and 1997, chapter 28, section 164, is repealed and the following substituted:
Superintendent's decisions
194. (1) A decision made by the Superintendent under this Act must be in writing and is not subject to appeal.
Exception
(2) Subsection (1) does not apply to an order under section 192.
160. Section 198 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 166, is repealed.
161. Section 199 of the Act, as amended by the Statutes of the Ontario, 1997, chapter 28, section 167, is repealed.
162. Sections 200 and 201 of the Act are repealed.
163. Section 202 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 168, is repealed.
164. Section 203 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
165. Section 204 of the Act is repealed.
166. Section 205 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 169, is repealed.
167. (1) Subsection 208 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 169, is repealed and the following substituted:
Order to freeze property
(1) In the circumstances described in subsection (1.1), the Superintendent may direct any corporation or other person who has funds, securities or assets of a corporation or person described in clause (1.1) (a) or (b) on deposit, under control or for safekeeping to do any of the following things:
1. To hold the funds, securities or assets.
2. To direct the corporation or person described in clause (1.1) (a) or (b) to refrain from withdrawing funds, securities or assets from, or dealing with funds, securities or assets with, any other person who has any of them on deposit, under control or for safekeeping.
3. To direct the corporation or person described in clause (1.1) (a) or (b) to hold all funds, securities or assets in his, her or its possession or control in trust for the Superintendent.
Same
(1.1) The Superintendent may give the direction described in subsection (1),
(a) if the Superintendent is about to order an investigation in respect of a corporation or other person under section 206, or during or after such an investigation; or
(b) if proceedings in respect of a contravention of this Act or the regulations are about to be, or have been, instituted against a corporation or other person and if, in the opinion of the Superintendent, the proceedings are connected with or arise out of any business conducted by the corporation or person.
Same
(1.2) A direction described in subsection (1) must be given by a method that provides for a written or printed copy.
(2) Subsection 208 (5) of the Act is amended by striking out "clause (1) (a), (b) or (c)" and substituting "subsection (1.1)".
168. Section 209 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 169, is repealed.
169. Section 210 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 170, is repealed.
170. Section 211 of the Act is repealed.
171. Section 212 of the Act is repealed.
172. Subsection 213 (8) of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 118, is repealed.
173. (1) Subsection 214 (1) of the Act is repealed and the following substituted:
Offences
(1) A person is guilty of an offence if the person,
(a) contravenes any provision of section 213; or
(b) knowingly provides false information in relation to any matter under this Act.
(2) Subsection 214 (2) of the Act is amended by striking out "or subsection 60 (4) or 61 (6)".
(3) Subsection 214 (3) of the Act is amended by striking out "or subsection 60 (4) or 61 (6)".
(4) Subsections 214 (4) and (5) of the Act are repealed.
174. Sections 218, 219 and 220 of the Act are repealed.
175. Section 221 of the Act is repealed.
176. (1) Clause 222 (1) (a) of the Act is amended by adding "in Ontario" after "its principal place of business".
(2) Subsection 222 (2) of the Act is repealed.
177. Subsection 223 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 119, 1997, chapter 19, section 13 and 1999, chapter 12, Schedule I, section 5, is repealed and the following substituted:
Regulations
(1) The Lieutenant Governor in Council may make regulations,
(a) prescribing prohibited words or expressions for the purpose of subsection 213 (4);
(b) prescribing the information that must be maintained in the Loan Corporations Register and the Trust Corporations Register;
(c) prescribing any matter referred to in this Act as being prescribed by the regulations.
178. Subsections 223.1 (2) and (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 13, are repealed and the following substituted:
Fees
(2) The Minister of Finance may establish and charge fees in relation to any matter under this Act, including any services provided by or through the Ministry of Finance or the Financial Services Commission of Ontario.
179. Sections 224 and 225 of the Act are repealed.
180. Section 226 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 120, is repealed.
181. Section 227 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 1, section 1, is repealed.
182. Section 228 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 13, is repealed.
Commencement
183. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) The following provisions come into force on a day to be named by proclamation of the Lieutenant Governor:
1. Subsections 52 (1) and (3) to (8).
2. Sections 53, 54 and 58 to 67.
3. Subsections 68 (2) and (4), 70 (2) and 72 (2).
4. Sections 73, 74, 76 to 78 and 80 to 82.
5. Subsections 83 (3) and 84 (2).
6. Sections 85 to 138 and 141 to 172.
7. Subsections 173 (1) and (4).
8. Sections 174 to 177, 179, 180 and 182.
PART XI
MINISTRY OF TRAINING, COLLEGES
AND UNIVERSITIES ACT
184. The Ministry of Training, Colleges and Universities Act is amended by adding the following section:
Trust for student loans
8.0.1 (1) The Minister of Finance or a person or entity designated by him or her may act as trustee of a trust created for the purpose of making loans to students of universities, colleges of applied arts and technology or other post-secondary institutions and borrowing money to fund such loans.
Status of funds
(2) The assets of a trust referred to in subsection (1) of which a member of the Executive Council or a public servant (as defined in section 1 of the Public Service Act) is a trustee do not constitute public money for the purposes of the Financial Administration Act.
Commencement
185. This Part comes into force the day this Act receives Royal Assent.
PART XII
MORTGAGE BROKERS ACT
186. Subsection 1 (1) of the Mortgage Brokers Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 91 and 1997, chapter 28, section 173, is further amended by adding the following definition:
"bank" means a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada); ("banque")
187. Clause 2 (c) of the Act is repealed and the following substituted:
(c) banks;
188. Subsection 11 (3) of the Act is repealed and the following substituted:
Application of ss. 12 to 19
(3) Sections 12 to 19 do not apply to mortgage transactions in which the mortgagee or assignee is,
(a) a bank;
(b) a loan or trust corporation registered under the Loan and Trust Corporations Act; or
(c) an insurance company licensed under the Insurance Act.
Commencement
189. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 186 to 188 come into force on a day to be named by proclamation of the Lieutenant Governor.
PART XIII
MUNICIPAL ACT
190. Section 366 of the Municipal Act, as re-enacted by the Statutes of Ontario, 1997, chapter 5, section 55 and amended by 1997, chapter 29, section 34, 1998, chapter 3, section 15, 1998, chapter 33, section 13 and 2000, chapter 25, section 21, is further amended by adding the following subsections:
Assessment for general upper-tier levy purposes
(2.1) For the purposes of subsection (2), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if,
(a) the taxation year is 2001 or a subsequent taxation year; and
(b) the adjustments are made on the collector's roll before the by-law mentioned in subsection (2) is passed for the taxation year.
. . . . .
Assessment for special upper-tier
levy purposes
(3.1) For the purposes of subsection (3), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if,
(a) the taxation year is 2001 or a subsequent taxation year; and
(b) the adjustments are made on the collector's roll before the by-law mentioned in subsection (3) is passed for the taxation year.
191. Section 368 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 5, section 55 and amended by 1998, chapter 3, section 16, 1998, chapter 33, section 14 and 2000, chapter 25, section 22, is further amended by adding the following subsections:
Assessment for general local municipality levy purposes
(2.1) For the purposes of subsection (2), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if,
(a) the taxation year is 2001 or a subsequent taxation year; and
(b) the adjustments are made on the collector's roll before,
(i) the by-law mentioned in subsection (2) is passed for the taxation year, or
(ii) the by-law mentioned in subsection 366 (2) is passed for the taxation year, if the local municipality is a lower-tier municipality.
. . . . .
Assessment for special local municipality levy purposes
(3.1) For the purposes of subsection (3), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if,
(a) the taxation year is 2001 or a subsequent taxation year; and
(b) the adjustments are made on the collector's roll before,
(i) the by-law mentioned in subsection (3) is passed for the taxation year, or
(ii) the by-law mentioned in subsection 366 (3) is passed for the taxation year, if the local municipality is a lower-tier municipality.
192. (1) Subsection 373 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 5, section 55 and amended by 1999, chapter 6, section 40 and 2000, chapter 25, section 28, is further amended by striking out the portion before clause (a) and substituting the following:
Tax relief for low income seniors, etc.
(1) For the purposes of relieving financial hardship, the council of a municipality, other than a lower-tier municipality, may pass a by-law providing for deferrals or cancellation of, or other relief in respect of, all or part of a tax increase for 2001 and subsequent taxation years on property in the residential/farm property class for owners who are, or whose spouses or same-sex partners are,
. . . . .
(2) Subsection 373 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 5, section 55, is repealed and the following substituted:
Interest
(10) Interest may be charged on taxes for taxation years before 2001 that are deferred under a by-law of a municipality at a rate not exceeding the market rate as determined by the municipality but no such interest may be charged for the 2001 or subsequent taxation years.
193. (1) Subsection 442 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 60 and 2000, chapter 25, section 31, is further amended by adding the following clause:
(a.1) in respect of property that has become vacant land during the year or during the preceding year after the return of the assessment roll;
(2) Section 442 of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 60, 1997, chapter 23, section 10, 1997, chapter 29, section 47 and 2000, chapter 25, section 31, is further amended by adding the following subsection:
Exception, vacant land
(1.1) No application may be made under subsection (1) in respect of property described in clause (1) (a.1) unless the taxes to be cancelled, reduced or refunded are for 2001 or a subsequent year.
Commencement
194. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 190 to 193 shall be deemed to have come into force on January 1, 2001.
PART XIV
ONTARIO PROPERTY ASSESSMENT CORPORATION ACT, 1997
AND CONSEQUENTIAL AMENDMENTS
195. The title of the Ontario Property Assessment Corporation Act, 1997 is repealed and the following substituted:
Municipal Property Assessment
Corporation Act, 1997
196. Subsection 2 (1) of the Act is repealed and the following substituted:
Corporation continued
(1) The Ontario Property Assessment Corporation is hereby continued under the name Municipal Property Assessment Corporation in English and Société d'évaluation foncière des municipalités in French.
197. (1) Subsections 3 (2) and (3) of the Act are repealed and the following substituted:
Composition
(2) The board of directors shall be appointed by the Minister and is composed of the following individuals:
1. Eight individuals who are elected officials of a municipality or officers or employees of a municipality ("municipal representatives").
2. Five individuals who represent the interests of property taxpayers ("taxpayer representatives").
3. Two individuals who represent the interests of the Province ("provincial representatives").
Same
(3) At least one of the municipal representatives must be an elected official of a municipality.
Recommendations re municipal representative
(3.1) Each year, the Association of Municipalities of Ontario may give the Minister a list containing the names of 24 individuals recommended by the Association for appointment as municipal representatives.
Same
(3.2) The list must contain the names of individuals who are elected officials of a municipality and may contain the names of individuals who are officers or employees of a municipality.
Appointment of municipal representatives
(3.3) The Minister shall appoint individuals on the list as municipal representatives if the Minister receives the list at least 30 days before the expiry of the term of the existing municipal representatives.
Ineligibility, municipal representative
(3.4) A municipal representative ceases to hold office if he or she ceases to be an elected official, officer or employee of a municipality.
Taxpayer representatives
(3.5) The Minister may seek recommendations from organizations that represent the interests of property taxpayers of individuals to appoint as taxpayer representatives.
(2) Subsections 3 (5) and (6) of the Act are repealed and the following substituted:
Vacancy
(5) If a director ceases to hold office before his or her term expires or if he or she is unable to perform his or her duties for a period of at least three months, the Minister may appoint an individual to hold office for the remainder of the director's term.
Same, municipal representative
(6) If the office of a municipal representative becomes vacant, the Minister may fill the vacancy from among the individuals on the list most recently received by the Minister under subsection (3.1).
(3) Subsection 3 (8) of the Act is repealed and the following substituted:
Chair
(8) The Board shall elect a chair from among the municipal representatives who are elected officials of a municipality.
Vice-chair
(8.1) The Minister shall appoint a vice-chair from among the provincial representatives.
(4) Section 3 of the Act is amended by adding the following subsections:
Transition, appointment of new board
(17) Every director who holds office immediately before subsection 197 (4) of the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001 comes into force ceases to hold office on the day that provision comes into force, and the Minister shall appoint a new board of directors.
Recommendations,
municipal representatives
(18) If, within 15 days after the day the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001 receives Royal Assent, the Association of Municipalities of Ontario gives the Minister a list containing the names of 24 individuals recommended by the Association for appointment as municipal representatives, the Minister shall appoint individuals on the list as the municipal representatives.
Same
(19) Subsection (3.2) applies with respect to the list referred to in subsection (18).
Same
(20) Subsections (3.1) and (3.3) do not apply with respect to the appointments made under subsection (17) or the list referred to in subsection (18).
(5) Subsection 3 (21) of the Act is repealed and the following substituted:
Term of office
(21) Despite subsection (4), the term of office of a director appointed by the Minister under subsection (17) is the term specified by the Minister when appointing the director.
Initial term of office
(22) In specifying the term of office of a director appointed under subsection (17), the Minister shall ensure that the board is composed of directors having the following terms of office:
1. Two municipal representatives and two taxpayer representatives having a term of one year each.
2. Three municipal representatives, two taxpayer representatives and one provincial representative having a term of two years each.
3. Three municipal representatives, one taxpayer representative and one provincial representative having a term of three years each.
Repeal
(23) Subsections (17) to (22) are repealed three years after they come into force.
198. The Act is amended by adding the following section:
Quality service commissioner
4.1 (1) Within six months after this section comes into force or such longer period as may be prescribed, the board of directors shall appoint a quality service commissioner who shall be an employee of the Corporation.
Duties
(2) The quality service commissioner is responsible for the following:
1. The development and implementation of quality service standards for the Corporation for the performance of its duties described in subsection 9 (1).
2. Ensuring compliance with the policies, procedures and standards established by the Minister under subsection 10 (1) for the provision of assessment services by the Corporation.
Regulation
(3) The Minister may, by regulation, prescribe the longer period referred to in subsection (1) even if the period referred to in that subsection has expired.
199. Subsection 5 (2) of the Act is repealed and the following substituted:
Contents
(2) The annual report shall include the audited financial statements and a statement concerning the Corporation's compliance with the quality service standards developed by the quality service commissioner and with the policies, procedures and standards established by the Minister under section 10.
200. Subsection 12 (3) of the Act is repealed and the following substituted:
Different method of calculating the amount
(3) The Corporation may establish by by-law a different method for calculating the amount to be paid for a taxation year if,
(a) the by-law is approved by at least two-thirds of the directors; and
(b) the Minister approves of the method of calculating the amount.
201. Sections 13, 14, 16 and 17 of the Act are repealed.
CONSEQUENTIAL AMENDMENTS
202. The definition of "assessment corporation" in section 1 of the Assessment Act, as enacted by the Statutes of Ontario, 1997, chapter 43, Schedule G, section 18, is repealed and the following substituted:
"assessment corporation" means the Municipal Property Assessment Corporation; ("société d'évaluation foncière")
203. Section 33 of the Conservation Authorities Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 64, 1997, chapter 43, Schedule G, section 19 and 1998, chapter 3, section 33, is further amended by striking out "Ontario Property Assessment Corporation" wherever it occurs and substituting in each case "Municipal Property Assessment Corporation".
204. Subsection 1 (1.2.1) of the Education Act, as enacted by the Statutes of Ontario, 1997, chapter 43, Schedule G, section 20, is repealed and the following substituted:
Municipal Property Assessment Corporation
(1.2.1) A reference in this Act to the assessment commissioner or to the appropriate assessment commissioner shall be deemed to be a reference to the Municipal Property Assessment Corporation.
205. (1) Subsections 84 (8) and (10) of the Electricity Act, 1998 are amended by striking out "Ontario Property Assessment Corporation" wherever it occurs and substituting in each case "Municipal Property Assessment Corporation".
(2) Subsection 84 (15) of the Act is repealed.
(3) Subsection 92 (2) of the Act is amended by striking out "Ontario Property Assessment Corporation" and substituting "Municipal Property Assessment Corporation".
(4) Subsection 92 (7) of the Act is repealed.
206. The definition of "Director of Assessment" in section 1 of the Juries Act, as re-enacted by the Statutes of Ontario, 1997, chapter 43, Schedule G, section 22, is repealed and the following substituted:
"Director of Assessment" means the employee of the Municipal Property Assessment Corporation who is appointed by the Corporation to be the Director of Assessment under this Act; ("directeur de l'évaluation")
207. (1) The definition of "assessment corporation" in subsection 1 (1) of the Municipal Act, as enacted by the Statutes of Ontario, 2000, chapter 25, section 14, is repealed and the following substituted:
"assessment corporation" means the Municipal Property Assessment Corporation; ("société d'évaluation foncière")
(2) The definition of "assessor" in subsection 1 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 43, Schedule G, section 23, is repealed and the following substituted:
"assessor" means a person acting as assessor as authorized by the Municipal Property Assessment Corporation; ("évaluateur")
(3) Subsection 1 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 43, Schedule G, section 23, is repealed and the following substituted:
Municipal Property Assessment Corporation
(3) A reference in this Act to an assessment commissioner shall be deemed to be a reference to the Municipal Property Assessment Corporation.
(4) The definition of "Corporation" in subsection 447.34.1 (16) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 159, is repealed and the following substituted:
"Corporation" means the Municipal Property Assessment Corporation; ("Société")
208. (1) Subsection 19 (1) of the Municipal Elections Act, 1996, as re-enacted by the Statutes of Ontario, 2000, chapter 5, section 30, is amended by striking out "Ontario Property Assessment Corporation" and substituting "Municipal Property Assessment Corporation".
(2) Subsection 21 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 25, section 47, is further amended by striking out "Ontario Property Assessment Corporation" and substituting "Municipal Property Assessment Corporation".
209. Subsection 43 (6) of the Northern Services Boards Act, as enacted by the Statutes of Ontario, 1998, chapter 16, section 10, is amended by striking out "Ontario Property Assessment Corporation" and substituting "Municipal Property Assessment Corporation".
Commencement
210. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Section 197 comes into force on a day to be named by proclamation of the Lieutenant Governor.
PART XV
PUBLIC ACCOUNTANCY ACT
211. Clause 14 (4) (b) of the Public Accountancy Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 25, is repealed and the following substituted:
(b) prescribing the terms and conditions upon which any licensee in good standing may be permitted to incorporate a professional corporation as defined in the Business Corporations Act for the purpose of carrying on practice as a public accountant and to be a director or shareholder, or both, of the corporation.
212. (1) Subsection 24 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 27, is repealed and the following substituted:
Prohibition, use of title, etc.
(1) Subject to subsection (2), an individual shall not do any of the following things in Ontario unless he or she is licensed under this Act:
1. Take or use the name or title of "Public Accountant" or its equivalent in any other language.
2. Practise as a public accountant.
3. Hold himself or herself out as being licensed as a public accountant or use any designation or initials indicating or implying that he or she is licensed as a public accountant.
Same, corporations
(1.1) Subject to subsection (2), a corporation shall not do any of the following things in Ontario unless it is a professional corporation that holds a valid certificate of authorization under this Act:
1. Take or use the name or title of "Public Accountant" or its equivalent in any other language.
2. Practise as a public accountant.
3. Hold itself out as being authorized to carry on practice as a public accountant or use any designation or initials indicating or implying that it is authorized to carry on practice as a public accountant.
(2) Subsection 24 (4) of the Act is repealed and the following substituted:
Defence, individuals
(4) If an individual contravenes this section because his or her licence has been revoked, it is a defence to any proceeding in respect of the contravention to prove that, when the contravention is alleged to have been committed,
(a) notice of the revocation had not been served in accordance with this Act or the regulations;
(b) the time for appealing the revocation had not expired; or
(c) an appeal of the revocation had not yet been determined.
Same, corporations
(5) If a corporation contravenes this section because its certificate of authorization has been cancelled, it is a defence to any proceeding in respect of the contravention to prove that, when the contravention is alleged to have been committed,
(a) notice of the cancellation had not been served in accordance with this Act or the regulations;
(b) the time for appealing the cancellation had not expired; or
(c) an appeal of the cancellation had not yet been determined.
213. Section 26 of the Act is amended by adding the following subsection:
Same, corporations
(2) A corporation is not entitled to recover any costs incurred or charges made as a public accountant unless the corporation was a professional corporation that held a valid certificate of authorization when the costs were incurred or the services rendered in respect of which the charges were made.
Commencement
214. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 211 to 213 come into force on a day to be named by proclamation of the Lieutenant Governor.
PART XVI
REGISTERED INSURANCE
BROKERS ACT
215. Section 27 of the Registered Insurance Brokers Act is repealed.
Commencement
216. This Part come into force on the day this Act receives Royal Assent.
PART XVII
REGULATED HEALTH
PROFESSIONS ACT, 1991
217. Subsection 40 (3) of the Regulated Health Professions Act, 1991, as amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 32, is further amended by striking out "subsection 34 (1) or 34.1 (2)" and substituting "subsection 34 (1) or 34.1 (1)".
218. (1) Clause 23 (2) (a) of Schedule 2 to the Act is amended by adding at the end "and, if applicable, the name of each health profession corporation in which he or she is a shareholder".
(2) Clause 23 (2) (d.2) of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 35, is repealed and the following substituted:
(d.2) the names of the shareholders of each health profession corporation;
(d.3) a notation of every revocation and suspension of a certificate of authorization;
(3) Subsection 23 (3) of Schedule 2 to the Act, as amended by the Statutes of Ontario, 1993, chapter 37, section 7, 1998, chapter 18, Schedule G, section 13 and 2000, chapter 42, Schedule, section 35, is further amended by adding the following paragraph:
2.1 Information described in clause (2) (d.3) relating to a revocation or suspension that is in effect.
219. Section 85.8 of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 37, is amended by striking out "a member or two or more members may establish a health profession corporation for the purpose of practising a health profession" and substituting "one or more members of the same health profession may establish a health profession corporation for the purpose of practising their health profession".
220. Section 85.10 of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 37, is repealed and the following substituted:
Application of Act, etc.
85.10 The following things apply to a member who practises a health profession through a health profession corporation:
1. This Act and the regulations.
2. The statute governing the member's health profession, and the regulations and by-laws made under that statute.
221. (1) Subsection 85.11 (1) of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 37, is amended by striking out "The fiduciary and ethical obligations" at the beginning and substituting "The professional, fiduciary and ethical obligations".
(2) Subsection 85.11 (2) of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 37, is repealed and the following substituted:
Investigation
(2) Subsections (3) and (4) apply if an action or the conduct of a member practising on behalf of a health profession corporation is the subject of one of the following:
1. A complaint.
2. A mandatory report.
3. A specified allegation of professional misconduct or incompetence.
4. An investigation, review or hearing by the Board.
5. An investigation, inspection or assessment by an investigator or assessor appointed under the Code.
6. An inquiry by a board of inquiry or by the Registrar.
7. A referral to the Discipline Committee or the Fitness to Practise Committee.
8. A hearing by a committee of the college.
Same
(3) In the circumstances described in subsection (2), any power that the College may exercise in respect of the member may be exercised in respect of the health profession corporation.
Liability
(4) In the circumstances described in subsection (2), the health profession corporation is jointly and severally liable with the member for all fines, costs and expenses that the member is ordered to pay.
222. Section 85.12 of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 37, is repealed and the following substituted:
Conflict in duties
85.12 If there is a conflict between a member's duty to a patient, the college or the public and the member's duty to a health profession corporation as a director or officer of the corporation, the duty to the patient, the college or the public prevails.
223. Schedule 2 to the Act is amended by adding the following section:
Prohibition, professional misconduct
85.14 (1) In the course of practising a health profession, a health profession corporation shall not do, or fail to do, something that would constitute professional misconduct if a member of the health profession did, or failed to do, it.
Prohibition, contraventions
(2) A health profession corporation shall not contravene any provision of,
(a) this Act or the regulations; or
(b) the statute governing the health profession or the regulations or by-laws made under that statute.
Prohibition, corporate matters
(3) A health profession corporation shall not practise a health profession when it does not satisfy the requirements for a professional corporation under subsection 3.2 (2) of the Business Corporations Act.
224. Section 87 of Schedule 2 to the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule G, section 20 and 2000, chapter 42, Schedule, section 38, is further amended by striking out "clause 94 (1) (l.2), (l.3), (s), (t), (t.1), (v), (w) or (y)" and substituting "clause 94 (1) (l.2), (l.3) (s), (t), (t.1), (t.2), (v), (w) or (y)".
225. Section 89 of Schedule 2 to the Act is amended by adding the following subsection:
Limitation of liability
(3) A health profession corporation that holds or held a certificate of authorization is not liable to any action arising out of negligence or malpractice in respect of professional services requested of, or rendered by, the corporation unless the action is commenced within one year after the date when the person commencing the action knew or ought to have known the fact or facts upon which the alleged negligence or malpractice is based.
Commencement
226. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 217 to 225 come into force on a day to be named by proclamation of the Lieutenant Governor.
PART XVIII
RETAIL SALES TAX ACT
227. Clause (g) of the definition of "fair value" in subsection 1 (1) of the Retail Sales Tax Act, as re-enacted by the Statutes of Ontario, 1994, chapter 13, section 1 and amended by 2000, chapter 10, section 23, is repealed and the following substituted:
(g) the tax payable by the purchaser under section 2 of the Tobacco Tax Act, and
. . . . .
228. The Act is amended by adding the following section:
Definitions
3. (1) In this section,
"International Registration Plan" means the International Registration Plan referred to in subsection 7.1 (1) of the Highway Traffic Act; ("entente appelée International Registration Plan")
"member jurisdiction" means a jurisdiction other than Ontario that is a member of the International Registration Plan; ("autorité membre")
"multijurisdictional vehicle" means a vehicle for which an IRP cab card, as defined in subsection 6 (1) of the Highway Traffic Act, has been issued; ("véhicule à immatriculation multilatérale")
"registrant" means a person who registers a multijurisdictional vehicle under the International Registration Plan; ("titulaire de l'immatriculation")
"registration year" means, in respect of a multijurisdictional vehicle, the period, not exceeding 12 months, beginning on the day the vehicle is registered under the International Registration Plan; ("année d'immatriculation")
"repair parts" means,
(a) replacement parts designed and manufactured specifically for use on a multijurisdictional vehicle or a trailer used with a multijurisdictional vehicle, and
(b) parts purchased as part of a repair work order for a multijurisdictional vehicle or for a trailer that is used with a multijurisdictional vehicle; ("pièces de rechange")
"trailer" has the same meaning as in subsection 1 (1) of the Highway Traffic Act. ("remorque")
Tax payable on registration of vehicle
(2) Every registrant of a multijurisdictional vehicle shall pay a tax to Her Majesty in right of Ontario in respect of the use in Ontario of the vehicle for each registration year during which the vehicle is registered under the International Registration Plan.
When tax is payable
(3) The tax payable under subsection (2) for a registration year must be paid when the multijurisdictional vehicle is registered in Ontario or in a member jurisdiction under the International Registration Plan for the registration year to which the tax relates.
Amount of tax
(4) The amount of tax payable under subsection (2) by a registrant for a registration year is calculated in the manner prescribed by the Minister, and the Minister may make regulations prescribing different rates of tax for the purposes of subsection (2) and the circumstances in which each rate of tax applies.
No tax payable under s. 2
(5) A registrant is not liable to pay tax under section 2 in respect of the following:
1. A multijurisdictional vehicle purchased or used in Ontario and registered under the International Registration Plan, for which tax is paid under this section.
2. A trailer used or to be used with a multijurisdictional vehicle described in paragraph 1.
3. A taxable service, within the meaning of clause (c) or (d) of the definition of "taxable service" in subsection 1 (1), that is rendered in respect of a multijurisdictional vehicle or trailer described in paragraphs 1 or 2.
4. Repair parts that are purchased to be incorporated into a multijurisdictional vehicle or trailer described in paragraphs 1 or 2.
Deemed purchaser
(6) Every person who is liable to pay tax under subsection (2) is deemed to be a purchaser for the purposes of assessment, collection and enforcement of this Act.
Relief from double taxation
(7) The Minister may make regulations providing for refunds or credits for purchasers who paid tax under section 2 in respect of multijurisdictional vehicles, and providing for the terms and conditions under which the refunds or credits are paid or allowed and rules for determining the amount.
Same
(8) The Minister may make regulations providing for refunds or credits of tax paid under subsection (2) to relieve double taxation and prescribing circumstances in which a refund or credit may be paid or allowed and rules for determining the amount.
Tax if cease to be registered
(9) If a multijurisdictional vehicle ceases to be registered under the International Registration Plan, the owner or lessee of the vehicle that is liable to pay tax under section 2 shall pay the tax, at the time and in the manner prescribed by the Minister, calculated on a value equal to the sum of,
(a) the depreciated value of the vehicle, determined in the manner prescribed by the Minister; and
(b) the fair value of the repair parts purchased by the owner or lessee to be incorporated into the vehicle, if the parts have not been incorporated into the vehicle.
Refund or credit on change
in use
(10) If an owner or lessee is required under subsection (9) to pay tax under section 2, the Minister may pay a refund or allow a credit to the owner or lessee for tax paid under subsection (2) in the amount, if any, determined under rules prescribed by the Minister, if the owner or lessee applies for a refund or credit and provides such material as the Minister may require to prove the owner or lessee's entitlement to the refund or credit.
229. (1) Subsection 4.1 (1) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 13, section 3, is amended by striking out "sections 2 and 3" and substituting "section 2".
(2) Subsection 4.1 (5) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 13, section 3, is amended by striking out "sections 2 and 3" and substituting "section 2".
230. Paragraph 57 of subsection 7 (1) of the Act is repealed.
231. (1) Subsection 17 (9.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 12, section 8, is repealed and the following substituted:
Communication with the Ministry of Transportation
(9.1) The Minister may disclose, or allow to be disclosed, information necessary for the administration and enforcement of the tax imposed by section 2 or 4.2 to an official of the Ministry of Transportation.
(2) Section 17 of the Act, as amended by the Statutes of Ontario, 1993, chapter 12, section 8 and 1994, chapter 13, section 12, is further amended by adding the following subsections:
Communication with other governments, s. 3
(9.2) The Minister may disclose, or allow to be disclosed, information necessary for the administration and enforcement of section 3 to an official of the Ministry of Transportation or to an official of a government of a member jurisdiction, within the meaning of section 3.
Same
(9.3) Any disclosure of information by an official of the Ministry of Transportation to an official of a government of a member jurisdiction, within the meaning of section 3, for the purposes of the administration and enforcement of section 3 is deemed to be a disclosure by the Minister of Finance permitted under subsection (9.2).
232. Subsection 48 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 12, section 14, 1994, chapter 13, section 25, 1996, chapter 18, section 18, 1997, chapter 10, section 34, 1997, chapter 19, section 22, 1997, chapter 43, Schedule D, section 14, 1998, chapter 5, section 47, 1999, chapter 9, section 189 and 2000, chapter 42, section 95, is further amended by adding the following clause:
(i) providing for the rebate of not more than $1,000 in tax imposed by section 2 or 4.2 that has been paid on a hybrid electric vehicle, as defined by the Minister, that is delivered to the purchaser after May 9, 2001 and prescribing the basis on which the rebate is calculated and the conditions under which the rebate is made;
Commencement
233. (1) Subject to subsections (2), (3) and (4), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Section 227 shall be deemed to have come into force on May 7, 1997.
Same
(3) Section 232 shall be deemed to have come into force on May 10, 2001.
Same
(4) Section 228 and subsection 231 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.
PART XIX
SOCIAL WORK AND
SOCIAL SERVICE WORK ACT, 1998
234. (1) Subsection 23.4 (1) of the Social Work and Social Service Work Act, 1998, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 43, is amended by striking out "The fiduciary and ethical obligations" at the beginning and substituting "The professional, fiduciary and ethical obligations".
(2) Subsection 23.4 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 43, is repealed and the following substituted:
Complaint, etc.
(2) Subsections (3) and (4) apply if an action or the conduct of a member practising on behalf of a professional corporation is the subject of one of the following:
1. A complaint.
2. A mandatory report.
3. An allegation of professional misconduct, incompetence or incapacity.
4. An investigation, inspection or review.
5. A hearing.
Powers when complaint, etc.
(3) In the circumstances described in subsection (2), any power that may be exercised in respect of the member may be exercised in respect of the professional corporation.
Liability when complaint, etc.
(4) In the circumstances described in subsection (2), the professional corporation is jointly and severally liable with the member for all fines and costs that the member is ordered to pay.
235. The Act is amended by adding the following sections:
Conflict in duties
23.4.1 If there is a conflict between a member's duty to a client, the College or the public and the member's duty to a professional corporation as a director or officer of the corporation, the duty to the client, the College or the public prevails.
. . . . .
Prohibitions, professional corporation
23.6 (1) In the course of practising social work or social service work, a professional corporation shall not do, or fail to do, something that would constitute professional misconduct if a member did, or failed to do, it.
Prohibition, contraventions
(2) A professional corporation shall not contravene any provision of this Act, the regulations or the by-laws.
Same
(3) A professional corporation shall not contravene a term, condition or limitation imposed on its certificate of authorization.
Prohibition, corporate matters
(4) A professional corporation shall not practise social work or social service work when it does not satisfy the requirements for a professional corporation under this Act and under subsection 3.2 (2) of the Business Corporations Act.
Same
(5) A professional corporation shall not permit shares to be voted in contravention of subsection 3.2 (4) of the Business Corporations Act.
236. Paragraph 17.1 of subsection 37 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 44, is amended by inserting "requiring the payment of application fees and fees for the issuance or renewal of a certificate and specifying the amount of the fees" after "governing the terms, conditions or limitations that may be imposed on certificates".
237. The Act is amended by adding the following section:
Representations by professional corporation
47.1 (1) A professional corporation shall not represent or hold out expressly or by implication that it is a professional corporation under this Act unless the corporation holds a valid certificate of authorization to practise social work or social service work.
Representations by shareholders, etc.
(2) A person shall not represent or hold out expressly or by implication that the person is a shareholder, director, officer, employee or agent of a corporation that is a professional corporation under this Act unless the corporation holds a valid certificate of authorization to practise social work or social service work.
238. Subsection 55 (1) of the Act is amended by striking out "or subsection 47 (1) or (2) (use of title)" and substituting "47 (1) or (2) or 47.1 (1) or (2)".
Commencement
239. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 234 to 238 come into force on a day to be named by proclamation of the Lieutenant Governor.
PART XX
THE SUCCESSION DUTY ACT
SUPPLEMENTARY PROVISIONS ACT, 1980
240. Section 2 of The Succession Duty Act Supplementary Provisions Act, 1980 is amended by adding the following subsection:
No liability after May 9, 2001
(2) Despite subsection (1), no liability to pay duty under The Succession Duty Act or this Act shall be incurred on or after May 9, 2001, but this subsection does not affect any liability for duty incurred before that date, or any interest payable on that duty.
241. (1) Subsection 3 (1) of the Act is amended by striking out "Where, at any time after the 10th of April, 1979" at the beginning and substituting "Where, at any time after April 10, 1979 and before May 9, 2001".
(2) Clause 3 (1) (a) of the Act is repealed and the following substituted:
(a) the result of the exercise after April 10, 1979 and before May 9, 2001 by any person of any discretion of any kind howsoever arising or conferred; or
. . . . .
(3) Clause 3 (1) (b) of the Act is amended by striking out "after the 10th day of April, 1979" in both places where it appears and substituting in each case "after April 10, 1979 and before May 9, 2001".
242. Section 9 of the Act is amended by striking out "to any event or transaction occurring before or after this Act comes into force" and substituting "to any event or transaction occurring before or after this Act comes into force and before May 9, 2001".
Commencement
243. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 240 to 242 shall be deemed to have come into force on May 9, 2001.
PART XXI
TOBACCO TAX ACT
244. Clause 4 (3) (b) of the Tobacco Tax Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 100, is repealed and the following substituted:
(b) to require a collector designated under subsection (1) or (1.3) to collect tax under this Act on the sale or delivery of cigars by the collector to another collector designated under subsection (1) or (1.3) who is not a consumer in respect of the cigars or to a registered importer who is not a consumer in respect of the cigars.
245. Clause 5 (4) (b) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 101, is repealed and the following substituted:
(b) on the sale or delivery of cigars by the registered importer to another registered importer who is not a consumer in respect of the cigars or to a collector designated under subsection 4 (1) or (1.3) who is not a consumer in respect of the cigars.
Commencement
246. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 244 and 245 come into force on August 1, 2001.
PART XXII
VETERINARIANS ACT
247. Section 5.1 of the Veterinarians Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 46, is amended by striking out "Subject to the by-laws" at the beginning and substituting "Subject to the regulations".
248. Subsection 5.2 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 46, is amended by striking out "required under the by-laws" and substituting "prescribed by regulation".
249. Section 5.3 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 46, is amended by striking out "determined under the by-laws" and substituting "prescribed by regulation".
250. (1) Subsection 5.5 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 46, is amended by striking out "The fiduciary and ethical obligations" at the beginning and substituting "The professional, fiduciary and ethical obligations".
(2) Subsection 5.5 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 46, is repealed and the following substituted:
Powers when conduct reviewed, etc.
(2) If an action or the conduct of a member practising on behalf of a professional corporation is the subject of a review, hearing, investigation or inquiry under this Act, any power that may be exercised in respect of the member may be exercised in respect of the corporation.
Liability when conduct reviewed, etc.
(3) If an action or the conduct of a member practising on behalf of a professional corporation is the subject of a review, hearing, investigation or inquiry under this Act, the corporation is jointly and severally liable with the member for all fines, costs and expenses that the member is ordered to pay.
251. The Act is amended by adding the following section:
Conflict in duties
5.5.1 If there is a conflict between a member's duty to a client, the College or the public and the member's duty to a professional corporation as a director or officer of the corporation, the duty to the client, the College or the public prevails.
252. Subsection 7 (1) of the Act is amended by adding the following paragraph:
4.1 Governing the practice of veterinary medicine through professional corporations, including (without limiting the generality of the foregoing) requiring the certification of those corporations, governing the issuance, renewal, suspension and revocation of certificates of authorization, governing the conditions and limitations that may be imposed on certificates and governing the names of those corporations and the notice to be given of a change in the shareholders of those corporations.
253. Paragraph 16.1 of subsection 9 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 47, is repealed.
Commencement
254. (1) Subject to subsection (2), this Part comes into force on the day this Act receives Royal Assent.
Same
(2) Sections 247 to 253 come into force on a day to be named by proclamation of the Lieutenant Governor.
PART XXIII
COMMENCEMENT AND
SHORT TITLE
Commencement
255. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Each Part of this Act comes into force as provided in the commencement section at the end of the Part.
Same
(3) Where a Part provides that any provisions of it are to come into force on a day to be named by proclamation of the Lieutenant Governor, any such proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.
Short title
256. The short title of this Act is the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001.