Bill 57, Government Efficiency Act, 2001

Sterling, Hon. Norman W. Minister of Consumer and Business Services

Versions

Bill 57 2001

An Act to promote
government efficiency
and to improve services
to taxpayers by amending
or repealing certain Acts


CONTENTS
	1. 2. 3. Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Schedule G Schedule H Schedule I Schedule J Schedule K Schedule L Schedule M Schedule N Schedule O	Enactment of Schedules Commencement Short title Amendments proposed by the Ministry of Agriculture, Food and Rural Affairs Amendments proposed by the Ministry of the Attorney General Amendments proposed by the Ministry of Community and Social Services Amendments proposed by the Ministry of Consumer and Business Services Amendments proposed by the Ministry of Education Amendments proposed by the Ministry of Energy, Science and Technology Amendments proposed by the Ministry of the Environment Repeals proposed by the Ministry of Finance Amendments proposed by the Ministry of Labour Amendments proposed by the Ministry of Municipal Affairs and Housing Amendments proposed by the Ministry of Natural Resources Amendments proposed by the Ministry of Northern Development and Mines Amendments proposed by the Ministry of the Solicitor General Repeal proposed by the Ministry of Training, Colleges and Universities Amendments proposed by the Ministry of Transportation
		______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Enactment of Schedules

1. All the Schedules to this Act are hereby enacted.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Schedules

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

Different dates for same Schedule

(3) If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

3. The short title of this Act is the Government Efficiency Act, 2001.

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

Drainage Act

1. The following provisions of the Drainage Act are amended by striking out "Ontario Court (General Division)" wherever that expression occurs and substituting in each case "Superior Court of Justice":

1. Subsection 102 (3).

2. Subsection 103 (2).

3. Subsections 104 (1) and (2).

4. Section 105.

5. Section 108.

6. Subsection 111 (2).

7. Section 112.

8. Section 115.

9. Section 121.

Commencement

2. This Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

SCHEDULE B
AMENDMENTS PROPOSED BY THE
MINISTRY OF THE ATTORNEY GENERAL

CONTENTS

Section

Architects Act

Certified General Accountants Association
of Ontario, 1983

Charities Accounting Act

Children's Law Reform Act

Commissioners for taking Affidavits Act

Courts of Justice Act

Crown Administration of Estates Act

Evidence Act

Mental Health Act

Notaries Act

Professional Engineers Act

Public Guardian and Trustee Act

Trustee Act

Commencement

______________

Architects Act

1. (1) The definition of "indemnity plan" in section 1 of the Architects Act is repealed.

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

Interest in insurance corporation

(5) The Association may own shares of or hold a membership interest in an insurance corporation incorporated for the purpose of providing insurance to,

(a) members of the Association, holders of certificates of practice and holders of temporary licences; and

(b) persons authorized to engage in the practice of architecture in a jurisdiction other than Ontario.

Funds and acquisition of interest

(6) The Association may use all or part of its reserve fund or other funds to acquire shares of or a membership interest in an insurance corporation described in subsection (5).

Transfer of assets, etc.,
re indemnity plan

(7) The Association may transfer to an insurance corporation described in subsection (5) of which the Association owns shares or in which it holds a membership interest,

(a) all or part of the assets used in connection with the establishment, maintenance and administration of an indemnity plan under subsection 40 (2); and

(b) all or part of the debts, liabilities and claims incurred in connection with the establishment, maintenance and administration of such an indemnity plan.

Debts, liabilities and claims

(8) Debts, liabilities and claims that are transferred under subsection (7) cease to be debts and liabilities of and claims against the Association and become debts and liabilities of and claims against the insurance corporation.

(3) Clause 2 (7) (a) of the Act, as enacted by subsection (2), is amended by striking out "under subsection 40 (2)" and substituting "under subsection 40 (2) as it read before the coming into force of subsection 1 (8) of Schedule B to the Government Efficiency Act, 2001".

(4) Paragraphs 27 and 28 of subsection 7 (1) of the Act are repealed.

(5) Paragraph 24 of subsection 8 (1) of the Act is amended by striking out "arranged by the Association".

(6) Paragraph 25 of subsection 8 (1) of the Act is repealed.

(7) Subsection 28 (3) of the Act is repealed and the following substituted:

Cancellation for failure to pay premiums, etc.

(3) The Registrar may cancel a licence, certificate of practice or temporary licence if the member or holder,

(a) has failed to pay a premium, levy or deductible in connection with insurance against professional liability as required by the by-laws;

(b) has not obtained and maintained insurance against professional liability as required by the regulations; or

Notice

(3.1) Before cancelling a licence, certificate of practice or temporary licence under subsection (3), the Registrar shall give the member or holder at least 10 days notice of the default and of the intention to cancel.

Continuing jurisdiction, discipline

(3.2) Notice under subsection (3.1) and cancellation under subsection (3) do not affect the continuing jurisdiction of the Association in respect of any disciplinary action arising out of the member's or holder's professional conduct while a member or holder.

(8) Section 40 of the Act is repealed and the following substituted:

Professional liability insurance

40. No member of the Association, holder of a certificate of practice or holder of a temporary licence shall engage in the practice of architecture unless the member or holder is,

(a) insured against professional liability in accordance with the regulations;

(b) insured, where required by the regulations, against professional liability by an insurance corporation referred to in subsection 2 (5), for the amounts of insurance that are prescribed by the regulations; or

(9) The Act is amended by striking out "Ontario Court (General Division)" wherever it occurs in the following provisions and substituting in each case "Superior Court of Justice":

1. Subsection 25 (14).

2. Subsection 37 (5).

3. Section 45.

Certified General Accountants
Association of Ontario Act, 1983

2. The Certified General Accountants Association of Ontario Act, 1983 is amended by adding the following section:

Limited liability partnership

9.1 (1) Two or more members of the Association may form a limited liability partnership or may continue a partnership as a limited liability partnership within the meaning of the Partnerships Act for the purpose of practising as a certified general accountant.

Same

(2) This Act shall be deemed to be an Act governing a profession for the purpose of section 44.2 of the Partnerships Act.

Charities Accounting Act

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

Delegation of investment functions
to agent

1.1 Sections 27 to 30 of the Trustee Act apply to,

(a) an executor or trustee referred to in subsection 1 (1); and

(b) a corporation that is deemed to be a trustee under subsection 1 (2).

Children's Law Reform Act

4. (1) Subsection 47 (1) of the Children's Law Reform Act is repealed and the following substituted:

Appointment of guardian

(1) Upon application by a child's parent or by any other person, on notice to the Children's Lawyer, a court may appoint a guardian of the child's property.

(2) Clause 49 (b) of the Act is amended by striking out "any plans" and substituting "the plan".

(3) Subsection 51 (1) of the Act is repealed and the following substituted:

Payment of debt due to child if no guardian

(1) If no guardian of a child's property has been appointed, a person who is under a duty to pay money or deliver personal property to the child discharges that duty, to the extent of the amount paid or the value of the personal property delivered, subject to subsection (1.1), by paying money or delivering personal property to,

(a) the child, if the child has a legal obligation to support another person;

(b) a parent with whom the child resides; or

Same

(1.1) The total of the amount of money paid and the value of personal property delivered under subsection (1) shall not exceed the prescribed amount or, if no amount is prescribed, $10,000.

(4) Section 51 of the Act is amended by adding the following subsection:

Regulations

(5) The Lieutenant Governor in Council may, by regulation, prescribe an amount for the purpose of subsection (1.1).

(5) Subsection 59 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(1) Upon application by a child's parent or by any other person, on notice to the Children's Lawyer, the Superior Court of Justice by order may require or approve, or both,

. . . . .

(6) Sections 70 and 76 of the Act are repealed.

(7) The Act is amended by striking out "Ontario Court (General Division)" wherever it occurs in the following provisions and substituting in each case "Superior Court of Justice":

1. Clause 3 (b), as enacted by the Statutes of Ontario, 1996, chapter 25, section 3.

2. Definition of "court" in subsection 18 (1), as amended by the Statutes of Ontario, 1996, chapter 25, section 3.

3. Subsection 60 (1).

4. Section 69.

5. Section 73.

(8) The Act is amended by striking out "Ontario Court (Provincial Division)" wherever it occurs in the following provisions and substituting in each case "Ontario Court of Justice":

1. Definition of "court" in subsection 18 (1), as amended by the Statutes of Ontario, 1996, chapter 25, section 3.

2. Subsection 37 (4).

3. Subsection 38 (1).

4. Section 73.

5. Subsection 34a (11), as set out in section 83.

(9) The Act is amended by striking out "Unified Family Court" in subsection 34a (11), as set out in section 83, and substituting "Family Court".

Commissioners For Taking Affidavits Act

5. (1) Section 3 of the Commissioners for Taking Affidavits Act is amended by striking out "Lieutenant Governor" wherever it occurs and substituting in each case "Attorney General".

(2) Subsection 4 (1) of the Act is repealed and the following substituted:

Appointment of commissioners

(1) The Attorney General may appoint any person of the age of 18 years or over to administer oaths and take affidavits authorized by law within or outside Ontario or subject to such limits as to duration, territory or purpose as the Attorney General may specify in the appointment.

Delegation

(1.1) The Attorney General may, in writing, delegate the power conferred by subsection (1) to a person who is a public servant as defined in the Public Service Act.

(3) Section 5 of the Act is repealed and the following substituted:

Limitations to be stated

5. Every commissioner whose appointment is limited in its duration or as to territory or purpose shall indicate the limitation by means of a stamp approved by the Attorney General or his or her delegate under subsection 4 (1.1) and affixed under the commissioner's signature.

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

Revocation of appointments of commissioners

8. (1) The Attorney General may revoke the appointment of any commissioner.

Application

(2) Subsection (1) applies whether the appointment was made by the Attorney General on or after the date on which section 5 of Schedule B to the Government Efficiency Act, 2001 comes into force or by the Lieutenant Governor before that date.

(5) Section 12 of the Act is repealed and the following substituted:

Revocation of appointment

12. On conviction for an offence under this Act, the appointment of a commissioner for taking affidavits or notary public may be revoked by the constituting authority.

Courts of Justice Act

6. Clause 88 (1) (d) of the Courts of Justice Act, as amended by the Statutes of Ontario, 1996, chapter 25, section 9, and clause 88 (1) (e) of the Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 36, are repealed.

Crown Administration
of Estates Act

7. (1) Sections 10 and 11 of the Crown Administration of Estates Act are repealed and the following substituted:

Disposition of money

10. The Public Guardian and Trustee shall invest all money administered under this Act in accordance with the Public Guardian and Trustee Act and the regulations made under that Act.

Unclaimed money

11. (1) Money administered under this Act that has been unclaimed for 10 years after the intestate person's death shall be paid into the Consolidated Revenue Fund.

Interest

(2) A person who proves entitlement to that money is entitled to receive it, with interest at the rate the Lieutenant Governor in Council directs.

(2) Section 13 of the Act is repealed and the following substituted:

PGT's fees and expenses

13. The Public Guardian and Trustee may deduct from the money received on account of an estate,

(a) all expenses incurred before taking out letters of administration, including expenses incurred in making inquiries in respect of the estate;

(b) all expenses otherwise incurred in respect of the estate; and

(c) any expenses allowed under the Public Guardian and Trustee Act and any fees allowed under that Act and approved by the Attorney General under subsection 8 (2) of that Act.

(3) The Act is amended by striking out "Public Trustee" wherever it occurs in the following provisions and substituting in each case "Public Guardian and Trustee":

1. Section 1.

2. Subsections 3 (1) and (2).

3. Section 4.

4. Section 7.

5. Section 8.

6. Section 9.

7. Section 12.

8. Subsection 14 (1).

(4) The Act is amended by striking out "Ontario Court (General Division)" wherever it occurs in the following provisions and substituting in each case "Superior Court of Justice":

1. Section 1.

2. Subsection 2 (2), as enacted by the Statutes of Ontario, 1997, chapter 23, section 6.

3. Subsection 3 (1).

4. Subsection 6 (1), as re-enacted by the Statutes of Ontario, 1997, chapter 23, section 6.

5. Section 7.

6. Section 9.

7. Section 12.

Evidence Act

8. Section 5 of the Evidence Act is amended by adding the following subsection:

Regulations

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

(a) requiring the certification of recordings of evidence and proceedings under subsection (1), and respecting the certification of those recordings;

(b) requiring the certification of transcripts under subsection (2), and respecting the certification of those transcripts; and

(c) prescribing the format, wording or content of certificates to be used in connection with certification under clauses (a) and (b).

Mental Health Act

9. Subsection 54 (6) of the Mental Health Act, as re-enacted by the Statutes of Ontario, 1992, chapter 32, section 20, is repealed and the following substituted:

Exception

(6) This section does not apply if,

(a) the patient's property is under guardianship under the Substitute Decisions Act, 1992; or

(b) the physician believes on reasonable grounds that the patient has a continuing power of attorney under that Act that provides for the management of the patient's property.

Notaries Act

10. (1) Section 1 of the Notaries Act is repealed and the following substituted:

Appointments

1. (1) Subject to section 2, the Attorney General may appoint such persons as he or she thinks fit as notaries public for Ontario.

Delegation

(2) The Attorney General may, in writing, delegate the power conferred by subsection (1) to a person who is a public servant as defined in the Public Service Act.

(2) Section 2 (1) of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(3) The French version of subsection 2 (1) of the Act is amended,

(a) by striking out "recevoir un nouveau mandat" and substituting "être nommé notaire de nouveau"; and

(b) by striking out "ne reçoit un nouveau mandat" and substituting "nommé notaire de nouveau".

(4) The English version of subsection 2 (2) of the Act is amended by striking out "commission" and substituting "appointment".

(5) The French version of subsection 2 (2) of the Act is amended,

(a) by striking out "au mandat" and substituting "à la nomination"; and

(b) by striking out "qui reçoit un nouveau mandat" and substituting "nommée notaire de nouveau".

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

Expiry of future appointments

5. (1) The appointment of every notary public, other than a barrister and solicitor, who is appointed on or after July 1, 1963, expires three years after the day on which he or she was appointed.

Reappointment

(2) Any person whose appointment expires under subsection (1) may be reappointed from time to time for a period of three years on producing a fresh certificate under section 2.

Indication of expiry of appointments

(3) Every notary public to whom this section applies shall indicate, by means of a stamp approved by the Attorney General or by his or her delegate under subsection 1 (2) and affixed under the notary's signature, the date on which his or her appointment expires and any limitations as to territory and purposes that are contained in the appointment.

(7) Subsection 6 (2) of the Act is amended by striking out "commission" and substituting "appointment".

(8) Subsection 6 (3) of the Act is amended by striking out "commission" and substituting "appointment".

(9) Section 7 of the Act is repealed and the following substituted:

Suspension

7. (1) Where a notary public who is a member of The Law Society of Upper Canada ceases for any reason to be a member of the Society or his or her membership in the Society is in abeyance, his or her appointment as a notary public is suspended until such time as his or her membership in the Society is restored or is no longer in abeyance.

Revocation of appointment on conviction for offence

(2) The Attorney General may revoke the appointment of a notary public on his or her conviction for an offence against this Act or for any other conduct that in the Attorney General's opinion renders the person unfit to hold the office of notary public.

Application

(3) Subsection (2) applies whether the appointment was made by the Attorney General on or after the date on which section 10 of Schedule B to the Government Efficiency Act, 2001 comes into force or by the Lieutenant Governor before that date.

(10) The French version of clause 8 (a) of the Act is amended by striking out "lors de la nomination du notaire ou d'une catégorie de notaires ou du renouvellement de leurs mandats" and substituting "lors de la nomination ou de la nouvelle nomination du notaire ou d'une catégorie de notaires".

Professional Engineers Act

11. (1) Section 1 of the Professional Engineers Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 13, is further amended by adding the following definition:

"provisional licence" means a provisional licence to engage in the practice of professional engineering issued under subsection 14 (7); ("permis provisoire")

(2) Subsection 2 (3) of the Act is amended by striking out "and holders of limited licences" and substituting "holders of provisional licences and holders of limited licences".

(3) Subsection 3 (8) of the Act is amended by striking out "a Registrar" and substituting "a Registrar, who shall be a member of the Association".

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

Role of Registrar

(8.1) The Registrar is responsible for the administration of the Association and reports to the Council.

(5) Paragraph 9 of subsection 7 (1) of the Act is amended by striking out the portion before subparagraph i and substituting the following:

9. respecting any matter ancillary to the provisions of this Act with regard to the issuing, suspension and revocation of licences, certificates of authorization, temporary licences, provisional licences and limited licences, including but not limited to regulations respecting,

. . . . .

(6) Subparagraph vi of paragraph 9 of subsection 7 (1) of the Act is repealed and the following substituted:

vi. classes of certificates of authorization, temporary licences, provisional licences and limited licences, including prescribing requirements and qualifications for the issuance of specified classes of certificates of authorization, temporary licences, provisional licences and limited licences, and terms and conditions that shall apply to specified classes of certificates of authorization, temporary licences, provisional licences and limited licences;

(7) Paragraph 10 of subsection 7 (1) of the Act is amended by striking out "and limited licences" and substituting "provisional licences and limited licences".

(8) Paragraph 13 of subsection 7 (1) of the Act is amended by striking out "and limited licences" and substituting "provisional licences and limited licences".

(9) Paragraph 15 of subsection 7 (1) of the Act is amended by striking out "and limited licences" and substituting "provisional licences and limited licences".

(10) Paragraph 16 of subsection 7 (1) of the Act is amended by striking out "and holders of certificates of authorization" and substituting "holders of provisional licences and holders of certificates of authorization".

(11) Paragraph 25 of subsection 7 (1) of the Act is amended,

(a) by striking out "and limited licences" and substituting "provisional and limited licences"; and

(b) by striking out "fees for temporary licences, limited licences" and substituting "fees for temporary licences, provisional licences, limited licences".

(12) Paragraph 26 of subsection 7 (1) of the Act is amended by striking out "and limited licences" wherever those words occur and substituting in each case "provisional and limited licences".

(13) Clause 7 (2) (a) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(14) Paragraph 6 of subsection 8 (1) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(15) Paragraph 7 of subsection 8 (1) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(16) Subsection 12 (1) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(17) Subsection 12 (3) of the Act is amended by adding the following clause:

(f) from using the title "engineer" or an abbreviation of that title in a manner that is authorized or required by an Act or regulation.

(18) Subsection 14 (4) of the Act is repealed.

(19) Section 14 of the Act is amended by adding the following subsection:

Provisional licence

(7) The Registrar shall issue a provisional licence, to be valid for one year, to a natural person who has applied for a licence in accordance with the regulations and has complied with all the requirements of subsection (1) except the Canadian experience requirement set out in paragraph 4 of section 33 of Regulation 941 of the Revised Regulations of Ontario, 1990.

(20) Subsection 18 (1) of the Act is repealed and the following substituted:

Issuance of temporary, provisional or limited licence

(1) The Registrar shall issue a temporary licence, a provisional licence or a limited licence to a natural person who applies therefor in accordance with the regulations and who meets the requirements and qualifications for the issuance of the temporary licence, the provisional licence or the limited licence set out in the regulations, provided that, in the case of a limited or provisional licence, the applicant is a Canadian citizen or has the status of a permanent resident of Canada.

(21) Subsection 18 (2) of the Act is amended,

(a) by striking out "or a limited licence" in the portion before clause (a) and substituting "a provisional licence or a limited licence"; and

(b) by striking out "or the limited licence" wherever those words occur in clauses (a), (b) and (c) and substituting in each case "the provisional licence or the limited licence".

(22) Clause 19 (1) (b) of the Act is amended by striking out "a limited licence" and substituting "a provisional licence, a limited licence".

(23) Subsection 19 (2) of the Act is repealed and the following substituted:

Exception

(2) Subsection (1) does not apply in respect of a proposal to refuse to issue a licence, a temporary licence, a provisional licence or a limited licence where the applicant previously held a licence, a certificate of authorization, a temporary licence, a provisional licence or a limited licence that was suspended or revoked as a result of a decision of the Discipline Committee.

(24) Subsection 19 (7) of the Act is amended by striking out "or limited licence" wherever those words occur in clauses (a), (b) and (c) and substituting in each case "provisional licence or limited licence".

(25) Subsection 19 (10) of the Act is amended by striking out "or the limited licence" and substituting "the provisional licence or the limited licence".

(26) The definition of "applicant" in subsection 19 (16) of the Act is amended by striking out "a limited licence" and substituting "a provisional licence, a limited licence".

(27) Subsection 21 (1) of the Act is amended by striking out "or limited licence" wherever those words occur and substituting in each case "provisional licence or limited licence".

(28) Subsection 22 (1) of the Act is amended by striking out "or limited licence" wherever those words occur and substituting in each case "provisional licence or limited licence".

(29) Subsection 22 (2) of the Act is amended by striking out "or limited licence" wherever those words occur and substituting in each case "provisional licence or limited licence".

(30) Subsection 24 (1) of the Act is amended by striking out "or a limited licence" in the portion before clause (a) and substituting "a provisional licence or a limited licence".

(31) Subsection 26 (2) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(32) Section 27 of the Act is amended by adding the following subsection:

Additional members

(1.1) The Discipline Committee may also include one or more persons appointed by the Council from among the members of the Council appointed by the Lieutenant Governor in Council under clause 3 (2) (c).

(33) Subsection 27 (5) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(34) Section 27 of the Act is amended by adding the following subsections:

Chair may refer matter to panel

(6) When a matter is referred to the Discipline Committee for hearing and determination, the chair may,

(a) select from among the members of the Committee a panel composed of at least one person described in clause (1) (a), at least one person described in clause (1) (b), at least one person described in clause (1) (c), and, if the Council has made an appointment under subsection (1.1), at least one person described in that subsection;

(b) designate one of the members of the panel to chair it;

(d) set a date, time and place for the hearing.

Powers of panel

(7) A panel established under subsection (6) has all the powers and responsibilities of the Discipline Committee with respect to the hearing and determination of the matter referred to the panel.

(35) Clause 28 (1) (a) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(36) Subsection 28 (2) of the Act is amended by striking out "or a limited licence" in the portion before clause (a) and substituting "a provisional licence or a limited licence".

(37) Subsection 28 (3) of the Act is amended by striking out "or a limited licence" in the portion before clause (a) and substituting "a provisional licence or a limited licence".

(38) Subsection 28 (4) of the Act is repealed and the following substituted:

Powers of Discipline Committee

(4) Where the Discipline Committee finds a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence guilty of professional misconduct or to be incompetent it may, by order,

(a) revoke the licence of the member or the certificate of authorization, temporary licence, provisional licence or limited licence of the holder;

(b) suspend the licence of the member or the certificate of authorization, temporary licence, provisional licence or limited licence of the holder for a stated period, not exceeding 24 months;

(c) accept the undertaking of the member or holder to limit the professional work of the member or holder in the practice of professional engineering to the extent specified in the undertaking;

(d) impose terms, conditions or limitations on the licence or certificate of authorization, temporary licence, provisional licence or limited licence, of the member or holder, including but not limited to the successful completion of a particular course or courses of study, as are specified by the Discipline Committee;

(e) impose specific restrictions on the licence or certificate of authorization, temporary licence, provisional licence or limited licence, including but not limited to,

(i) requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to engage in the practice of professional engineering only under the personal supervision and direction of a member,

(ii) requiring the member to not alone engage in the practice of professional engineering,

(iii) requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to accept periodic inspections by the Committee or its delegate of documents and records in the possession or under the control of the member or the holder in connection with the practice of professional engineering,

(iv) requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to report to the Registrar or to such committee of the Council as the Discipline Committee may specify on such matters in respect of the member's or holder's practice for such period of time, at such times and in such form, as the Discipline Committee may specify;

(f) require that the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence be reprimanded, admonished or counselled and, if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the register for a stated or unlimited period of time;

(g) revoke or suspend for a stated period of time the designation of the member or holder by the Association as a specialist, consulting engineer or otherwise;

(h) impose such fine as the Discipline Committee considers appropriate, to a maximum of $5,000, to be paid by the member of the Association or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to the Treasurer of Ontario for payment into the Consolidated Revenue Fund;

(i) subject to subsection (5) in respect of orders of revocation or suspension, direct that the finding and the order of the Discipline Committee be published in detail or in summary and either with or without including the name of the member or holder in the official publication of the Association and in such other manner or medium as the Discipline Committee considers appropriate in the particular case;

(j) fix and impose costs to be paid by the member or the holder to the Association;

(k) direct that the imposition of a penalty be suspended or postponed for such period and upon such terms or for such purpose as the Discipline Committee may specify, including but not limited to,

(i) the successful completion by the member or the holder of the temporary licence, provisional licence or limited licence of a particular course or courses of study,

(ii) the production to the Discipline Committee of evidence satisfactory to it that any physical or mental handicap in respect of which the penalty was imposed has been overcome,

or any combination of them.

(39) Subsection 28 (5) of the Act is amended by striking out "or limited licence" wherever those words occur and substituting in each case "provisional licence or limited licence".

(40) Subsection 28 (6) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(41) Subsection 28 (7) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(42) Subsection 29 (1) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(43) Subsection 29 (2) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(44) Subsection 30 (1) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(45) Subsection 30 (2) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(46) Subsection 30 (4) of the Act is repealed and the following substituted:

Public hearings

(4) Hearings of the Discipline Committee shall be open to the public, subject to subsection (4.1).

Exception

(4.1) The Discipline Committee may order that the public be excluded from all or part of a hearing if the following conditions are satisfied:

1. The person whose conduct is being investigated delivers to the Registrar, before the day fixed for the hearing or part, a written request that the hearing or part be closed.

2. The Discipline Committee is satisfied that,

i. matters involving public security may be disclosed at the hearing or part, or

ii. financial or personal or other matters may be disclosed at the hearing or part, of such a nature that the desirability of avoiding public disclosure of these matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public.

(47) Subsection 30 (10) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(48) Clause 32 (2) (a) of the Act is amended by striking out "or limited licence" and substituting "a provisional licence or a limited licence".

(49) Subsection 32 (3) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(50) Subsection 33 (1) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(51) Subsection 33 (2) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(52) Clause 33 (4) (b) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(53) Subsection 33 (7) of the Act is amended by striking out "or a limited licence" and substituting "provisional licence or limited licence".

(54) Section 36 of the Act is amended by striking out "or limited licence" wherever those words occur and substituting in each case "provisional licence or limited licence".

(55) Subsection 37 (1) of the Act is amended by striking out "or limited licence" wherever those words occur and substituting in each case "provisional licence or limited licence".

(56) Subsection 37 (2) of the Act is amended by striking out "or limited licence" and substituting "provisional licence or limited licence".

(57) Subsection 37 (3) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(58) Section 38 of the Act is amended by adding the following subsections:

Offence, penalty

(3) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Limitation

(4) No proceeding shall be commenced in respect of an offence under subsection (1) after the expiration of two years after the date on which the offence was, or is alleged to have been, committed.

(59) Subsection 40 (2) of the Act is amended by adding the following clause:

(a.1) uses the title "engineer" or an abbreviation of that title in a manner that will lead to the belief that the person may engage in the practice of professional engineering;

(60) Section 40 of the Act is amended by adding the following subsection:

Onus of proof

(2.1) In a proceeding for an alleged contravention of clause (2) (a.1), the burden of proving that the use of the title or abbreviation will not lead to the belief referred to is on the defendant, unless the defendant's use of the title or abbreviation is authorized or required by an Act or regulation.

(61) Subsection 41 (1) of the Act is amended by striking out "limited licence" and substituting "provisional licence, limited licence".

(62) Subsection 41 (2) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(63) Subsection 41 (3) of the Act is repealed and the following substituted:

Limitation

(3) No proceeding shall be commenced in respect of an offence under subsection (1) or (2) after the expiration of two years after the date on which the offence was, or is alleged to have been, committed.

(64) Section 42 of the Act is amended,

(a) by striking out "a temporary licence or a limited licence" and substituting "a temporary licence, a provisional licence or a limited licence"; and

(b) by striking out "certificate of authorization, temporary licence or limited licence" and substituting "certificate of authorization, temporary licence, provisional licence or limited licence".

(65) Subsection 46 (1) of the Act is amended by striking out "or a limited licence" and substituting "a provisional licence or a limited licence".

(66) The Act is amended by striking out "Ontario Court (General Division)" wherever it occurs in the following provisions and substituting in each case "Superior Court of Justice":

1. Subsection 19 (13).

2. Subsection 30 (5).

3. Subsection 32 (5).

4. Subsection 39 (1).

Public Guardian and Trustee Act

12. (1) Section 8 of the Public Guardian and Trustee Act, as re-enacted by the Statutes of Ontario, 1996, chapter 2, section 75 and amended by 1997, chapter 23, section 11 and 2000, chapter 26, Schedule A, section 14, is further amended by adding the following subsections:

Discretionary reduction or waiver

(3.2) The Public Guardian and Trustee may, in his or her discretion, reduce the amount of a fee or waive its payment in a case of hardship or in other appropriate circumstances.

Same

(3.3) A reduction or waiver under subsection (3.2) may be in respect of a person or a class of persons.

(2) Section 14 of the Act, as amended by the Statutes of Ontario, 1992, chapter 32, section 25, 1996, chapter 2, section 75 and 2000, chapter 26, Schedule A, section 14, is further amended by adding the following clause:

(k) establishing criteria for determining hardship for the purposes of subsection 8 (3.2).

Trustee Act

13. (1) The Trustee Act is amended by adding the following section:

Expenses of trustees

23.1 (1) A trustee who is of the opinion that an expense would be properly incurred in carrying out the trust may,

(a) pay the expense directly from the trust property; or

(b) pay the expense personally and recover a corresponding amount from the trust property.

Later disallowance by court

(2) The Superior Court of Justice may afterwards disallow the payment or recovery if it is of the opinion that the expense was not properly incurred in carrying out the trust.

(2) Subsection 27 (3) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 16, is repealed and the following substituted:

Mutual, pooled and segregated funds

(3) Any rule of law that prohibits a trustee from delegating powers or duties does not prevent the trustee from investing in mutual funds, pooled funds or segregated funds under variable insurance contracts, and sections 27.1 and 27.2 do not apply to the purchase of such funds.

(3) Subsection 27 (4) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 16, is amended by adding at the end "and sections 27.1 and 27.2 do not apply".

(4) Subsection 27 (9) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 16, is repealed and the following substituted:

Terms of trust

(9) This section and section 27.1 do not authorize or require a trustee to act in a manner that is inconsistent with the terms of the trust.

Same

(10) For the purposes of subsection (9), the constating documents of a corporation that is deemed to be a trustee under subsection 1 (2) of the Charities Accounting Act form part of the terms of the trust.

(5) The Act is amended by adding the following sections:

Trustee may delegate functions to agent

27.1 (1) Subject to subsections (2) to (5), a trustee may authorize an agent to exercise any of the trustee's functions relating to investment of trust property to the same extent that a prudent investor, acting in accordance with ordinary investment practice, would authorize an agent to exercise any investment function.

Investment plan or strategy

(2) A trustee may not authorize an agent to exercise functions on the trustee's behalf unless the trustee has prepared a written plan or strategy that,

(a) complies with section 28; and

(b) is intended to ensure that the functions will be exercised in the best interests of the beneficiaries of the trust.

Agreement

(3) A trustee may not authorize an agent to exercise functions on the trustee's behalf unless a written agreement between the trustee and the agent is in effect and includes,

(a) a requirement that the agent comply with the plan or strategy in place from time to time; and

(b) a requirement that the agent report to the trustee at regular stated intervals.

Trustee's duty

(4) A trustee is required to exercise prudence in selecting an agent, in establishing the terms of the agent's authority and in monitoring the agent's performance to ensure compliance with those terms.

Same

(5) For the purpose of subsection (4),

(a) prudence in selecting an agent includes compliance with any regulation made under section 30; and

(b) prudence in monitoring an agent's performance includes,

(i) reviewing the agent's reports,

(ii) regularly reviewing the agreement between the trustee and the agent and how it is being put into effect, including considering whether the plan or strategy of investment should be revised or replaced, replacing the plan or strategy if the trustee considers it appropriate to do so, and assessing whether the plan or strategy is being complied with,

(iii) considering whether directions should be provided to the agent or whether the agent's appointment should be revoked, and

(iv) providing directions to the agent or revoking the appointment if the trustee considers it appropriate to do so.

Duty of agent

27.2 (1) An agent who is authorized to exercise a trustee's functions relating to investment of trust property has a duty to do so,

(a) with the standard of care expected of a person carrying on the business of investing the money of others;

(b) in accordance with the agreement between the trustee and the agent; and

No further delegation

(2) An agent who is authorized to exercise a trustee's functions relating to investment of trust property shall not delegate that authority to another person.

Proceeding against agent

(3) If an agent is authorized to exercise a trustee's functions relating to investment of trust property and the trust suffers a loss because of the agent's breach of the duty owed under subsection (1) or (2), a proceeding against the agent may be commenced by,

(a) the trustee; or

(b) a beneficiary, if the trustee does not commence a proceeding within a reasonable time after acquiring knowledge of the breach.

(6) Section 30 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 16, is revoked and the following substituted:

Regulations

30. The Attorney General may make regulations governing or restricting the classes of persons or the qualifications of persons who are eligible to be agents under section 27.1 and establishing conditions for eligibility.

Application

31. Sections 27 to 30 apply to a trust whether it is created before or after the date section 13 of Schedule B to the Government Efficiency Act, 2001 comes into force.

Commencement

14. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

Same

(2) Subsections 1 (1) and (3) to (8), sections 5 and 6, subsections 10 (1) and (3) to (10) and 11 (1) to (65) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE C
AMENDMENTS PROPOSED BY THE MINISTRY OF COMMUNITY AND SOCIAL SERVICES

CONTENTS

Section

Family Responsibility and Support Arrears
Enforcement Act, 1996

Hospital Labour Disputes Arbitration Act

Commencement

______________

Family Responsibility and Support Arrears
Enforcement Act, 1996

1. Subsections 16 (6) and (7) of the Family Responsibility and Support Arrears Enforcement Act, 1996 are repealed and the following substituted:

Filing after withdrawal

(6) A support order or support deduction order that has been withdrawn under subsection (1) or that has been deemed to have been withdrawn under subsection 7 (3) may be filed in the office of the Director at any time by a written notice signed by either the payor or the recipient.

Effect

(7) Filing under subsection (6) has the same effect for all purposes, including the purposes of subsection 6 (2), as filing under sections 12 to 15.

Application

(7.1) Subsection (7) applies whether the order was filed under subsection (6) before or after the day the Government Efficiency Act, 2001 receives Royal Assent.

Support and support deduction orders,
filing together after withdrawal

(7.2) A support order cannot be filed under subsection (6) unless the related support deduction order, if any, is also filed and a support deduction order cannot be filed under subsection (6) unless the related support order is also filed.

Hospital Labour Disputes
Arbitration Act

2. (1) Subsection 3 (1) of the Hospital Labour Disputes Arbitration Act, as re-enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 4 and amended by 2000, chapter 38, section 39, is further amended by adding "Subject to subsection (3)" at the beginning.

(2) Section 3 of the Act, as amended by the Statutes of Ontario, 1992, chapter 21, section 62, 1997, chapter 21, Schedule A, section 4 and 2000, chapter 38, section 39, is further amended by adding the following subsections:

Non-application

(3) Subsection (1) and sections 4 to 17 do not apply to hospital employees, the trade unions and councils of trade unions that act or purport to act for or on behalf of those employees or to the employers of those employees if, on the day a conciliation officer is appointed under section 18 of the Labour Relations Act, 1995, the employer,

(a) provides services funded under the Developmental Services Act; or

(b) is a party to an agreement with the Ministry of Community and Social Services to provide services funded under that Act.

Notice by employer

(4) An employer who was providing services funded under the Developmental Services Act on the day a conciliation officer was appointed under section 18 of the Labour Relations Act, 1995 shall forthwith notify the conciliation officer of that fact.

Same

(5) An employer who was a party to an agreement with the Ministry of Community and Social Services to provide services funded under the Developmental Services Act on the day a conciliation officer was appointed under section 18 of the Labour Relations Act, 1995 shall forthwith notify the conciliation officer of that fact.

Same

(6) If an employer does not know the day a conciliation officer was appointed for the purposes of subsection (4) or (5), the employer shall forthwith inquire as to the day of that appointment.

Transition

(7) Despite subsection (3), if, before the day on which the Government Efficiency Act, 2001 receives Royal Assent, the Minister gave notice to the parties under subsection (1) in relation to an attempt of a trade union and an employer to make a collective agreement, sections 4 to 17 do apply with respect to the making of that collective agreement and the related matters addressed in those provisions.

Same

(8) For greater certainty, sections 4 to 17 do not apply with respect to the making of a collective agreement that is,

(a) made after the collective agreement referred to in subsection (7); and

(b) binding on the parties to whom that subsection applies.

Commencement

3. This Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

SCHEDULE D
AMENDMENTS PROPOSED BY THE
MINISTRY OF CONSUMER
AND BUSINESS SERVICES

Arthur Wishart Act
(Franchise Disclosure), 2000

1. Subsection 14 (1) of the Arthur Wishart Act (Franchise Disclosure), 2000 is amended by adding the following clause:

(k.1) defining, for the purposes of this Act, any word or expression used in this Act that has not already been expressly defined in this Act;

Business Corporations Act

2. (1) The definition of "court" in subsection 1 (1) of the Business Corporations Act is repealed and the following substituted:

"court" means the Superior Court of Justice; ("tribunal")

(2) The definition of "Minister" in subsection 1 (1) of the Act is amended by striking out "Consumer and Commercial Relations" and substituting "Consumer and Business Services".

(3) Subsection 94 (2) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 5, is repealed and the following substituted:

Meeting by electronic means

(2) Unless the articles or the by-laws provide otherwise, a meeting of the shareholders may be held by telephonic or electronic means and a shareholder who, through those means, votes at the meeting or establishes a communications link to the meeting shall be deemed for the purposes of this Act to be present at the meeting.

(4) Section 212 of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

Condominium Act, 1998

3. (1) The English version of clause 72 (3) (f) of the Condominium Act, 1998 is amended by striking out "Ontario New Home Warranty Plan Act" and substituting "Ontario New Home Warranties Plan Act".

(2) Subsection 94 (4) of the Act is amended by striking out "on or after this section" and substituting "on or after the day this section".

(3) Clause 157 (1) (c) of the Act is amended by striking out "the regulations and" and substituting "the regulations made under this Act and".

(4) Section 177 of the Act is amended by adding the following subsection:

Incorporation by reference

(4) A regulation made under subsection (1) that prescribes any of the following things may adopt by reference, with the changes, if any, that the Lieutenant Governor in Council considers advisable, any principle, standard, code or formula, as it reads at the time the regulation is made or as it is amended from time to time, whether before or after the time at which the regulation is made:

1. The manner in which financial statements of a corporation are to be prepared or generally accepted accounting principles for the purpose of those statements.

2. The manner in which the auditor's report described in subsection 67 (1) is to be prepared or generally accepted auditing standards for the purpose of that report.

Consumer Protection Act

4. (1) The definitions of "Director", "Minister" and "Ministry" in section 1 of the Consumer Protection Act are repealed and the following substituted:

"Director" means the Director under the Ministry of Consumer and Business Services Act; ("directeur")

"Minister" means the Minister of Consumer and Business Services; ("ministre")

"Ministry" means the Ministry of Consumer and Business Services; ("ministère")

(2) Subsection 23 (1) of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(3) Subsection 32 (1) of the Act is amended by striking out "Ontario Court (Provincial Division)" and substituting "Ontario Court of Justice".

Corporations Act

5. (1) The definition of "court" in section 1 of the Corporations Act is repealed and the following substituted:

"court" means the Superior Court of Justice; ("tribunal")

(2) Paragraph 1 of subsection 18 (1) of the Act is repealed and the following substituted:

1. The names in full and the address for service of each of the applicants.

(3) Subsections 34 (2) and (3) of the Act are repealed and the following substituted:

Authorization

(2) An application under subsection (1) shall be authorized by a special resolution.

(4) Subsection 113 (2) of the Act is amended by striking out "the names, callings and places of residence of the first directors thereof" and substituting "the names and address for service of each of the first directors of the company".

(5) Paragraph 1 of subsection 119 (1) of the Act is repealed and the following substituted:

1. The names in full and the address for service of each of the applicants.

Extra-Provincial Corporations Act

6. (1) The definition of "court" in subsection 1 (1) of the Extra-Provincial Corporations Act is repealed and the following substituted:

"court" means the Superior Court of Justice; ("tribunal")

(2) The definition of "Minister" in subsection 1 (1) of the Act is repealed and the following substituted:

"Minister" means the Minister of Consumer and Business Services; ("ministre")

(3) Section 23 of the Act is amended by adding the following subsection:

Same, exempt corporation

(3) The Director may cancel a licence issued under this Act or a predecessor of it to an extra-provincial corporation that is not required to have a licence under this Act.

Funeral Directors and
Establishments Act

7. (1) The definitions of "Director" and "Minister" in section 1 of the Funeral Directors and Establishments Act are repealed and the following substituted:

"Director" means a director appointed under the Ministry of Consumer and Business Services Act; ("directeur")

"Minister" means the Minister of Consumer and Business Services; ("ministre")

(2) Section 4 of the Act is amended by adding the following subsection:

Effect of vacancy

(3.1) Despite subsection (1), even if a vacancy on the Board is not filled, the Board may continue to exercise its powers and carry on its duties as long as there is a quorum of the Board.

(3) The following provisions of the Act are amended by striking out "Ontario Court (General Division)" wherever that expression occurs and substituting in each case "Superior Court of Justice":

1. Subsection 40 (1).

2. Subsection 41 (7), as enacted by the Statutes of Ontario, 1994, chapter 27, section 83.

3. Subsection 45 (1).

(4) The following provisions of the Act are amended by striking out "Consumer and Commercial Relations" wherever that expression occurs and substituting in each case "Consumer and Business Services":

1. Clause 48 (1) (d).

2. Subsection 48 (2) in the portion before clause (a).

Gaming Control Act, 1992

8. (1) Subsection 4 (2) of the Gaming Control Act, 1992, as amended by the Statutes of Ontario, 1993, chapter 25, section 31 and 1996, chapter 26, section 4, is further amended by striking out "(1.01)" in the portion before clause (a).

(2) Subsection 13 (6) of the Act is amended by striking out "Consumer and Commercial Relations" and substituting "Consumer and Business Services".

(3) The following provisions of the Act are amended by striking out "Ontario Court (General Division)" wherever that expression occurs and substituting in each case "Superior Court of Justice":

1. Subsection 38 (1).

2. Subsection 42 (1).

(4) Subsection 46 (2) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 26, section 4 and amended by 1999, chapter 12, Schedule L, section 19, is further amended by striking out "(1.01)".

Liquor Licence Act

9. (1) Subsection 44.1 (4) of the Liquor Licence Act, as enacted by the Statutes of Ontario, 1994, chapter 18, section 5, is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(2) Subsection 47 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 37, section 18, is further amended by striking out "Ontario Court (Provincial Division)" in the portion before clause (a) and substituting "Ontario Court of Justice".

(3) Subsection 47 (6) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 37, section 18, is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

Marriage Act

10. (1) The definition of "judge" in subsection 1 (1) of the Marriage Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(2) The following provisions of the Act are amended by striking out "Consumer and Commercial Relations" wherever that expression occurs and substituting in each case "Consumer and Business Services":

1. The definition of "Minister" in subsection 1 (1).

2. Subsection 3 (1).

(3) Subsection 9 (1) of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(4) The English version of subsection 28 (2) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 32, is amended by striking out "solemnization of the marriages" and substituting "solemnization of the marriage".

Ministry of Consumer and
Commercial Relations Act

11. (1) The following provisions of the Ministry of Consumer and Commercial Relations Act are amended by striking out "Consumer and Commercial Relations" wherever that expression occurs and substituting in each case "Consumer and Business Services":

1. The title.

2. The definition of "Deputy Minister" in section 1.

3. The definition of "Minister" in section 1.

4. The definition of "Ministry" in section 1.

5. Section 2.

(2) The Act is amended by adding the following section:

Interim appointments

9. (1) If a vacancy occurs in the office of Director or Registrar or if the Director or a Registrar is unable to carry out the duties of office because of absence or illness, the Deputy Minister may appoint in writing an official of the Ministry to act as Director or Registrar, as the case may be, until the office is filled or the Director or Registrar, as the case may be, returns to duty.

Period of appointment

(2) An appointment made under subsection (1) shall not be made for a period of longer than six months.

Vintners Quality Alliance
Act, 1999

12. Subsection 6 (5) of the Vintners Quality Alliance Act, 1999 is repealed and the following substituted:

No sales without approval

(5) If, without an approval, a manufacturer uses the terms, descriptions or designations in connection with liquor produced by the manufacturer, no person shall sell the liquor.

General

13. Subject to section 15, the Acts named in Column 1 of the Table are amended by striking out "Consumer and Commercial Relations" wherever that expression occurs in the provisions set out opposite them in Column 2 and substituting in each case "Consumer and Business Services".


	TABLE
Column 1		Column 2
Act		Provision
Amusement Devices Act		subsection 1 (1), definition of "Deputy Minister"
		subsection 1 (1), definition of "Ministry"
		subsection 1 (2)
Bailiffs Act		section 1, definition of "Minister"
Boilers and Pressure Vessels Act		subsection 1 (1), definition of "Minister"
		subsection 1 (2)
Boundaries Act		section 2
Business Names Act		section 1, definition of "Minister"
Business Practices Act		section 1, definition of "Director"
		section 1, definition of "Minister"
Cemeteries Act (Revised)		section 1, definition of "Director"
		section 1, definition of "Minister"
		clause 56 (2) (a)
Certification of Titles Act		section 2
Collection Agencies Act		subsection 1 (1), definition of "Director"
		subsection 1 (1), definition of "Minister"
		subsection 1 (1), definition of "Ministry"
Consumer Protection Bureau Act		section 1
Consumer Reporting Act		subsection 1 (1), definition of "Director"
		subsection 1 (1), definition of "Minister"
Corporations Information Act		section 1, definition of "Minister"

Corporations Tax Act		subsection 98 (4) in the portion before paragraph 1
		paragraph 4 of subsection 98 (4)
Discriminatory Business Practices Act		section 1, definition of "Director"
		section 1, definition of "Minister"
Elevating Devices Act		subsection 1 (1), definition of "Deputy Minister"
		subsection 1 (1), definition of "Minister"
		subsection 1 (1), definition of "Ministry"
		subsection 1 (2)
Electronic Registration Act (Ministry of Consumer and Commercial Relations Statutes), 1991		Title
		section 2 in the portion before clause (a)
Energy Act		subsection 1 (1), definition of "Deputy Minister"
		subsection 1 (1), definition of "Minister"
		subsection 1 (1), definition of "Ministry"
		subsection 1 (2)
Executive Council Act		subsection 2 (1)
Gasoline Handling Act		subsection 1 (1), definition of "Minister"
		subsection 1 (2)
Land Registration Reform Act		section 19 in the portion before clause (a)
		section 31
		section 32
Land Titles Act		section 1, definition of "Minister"
Legal Aid Services Act, 1998		subsection 48 (4)
Loan Brokers Act, 1994		section 1, definition of "Director"
Motor Vehicle Dealers Act		section 1, definition of "Director"
		section 1, definition of "Minister"
		subsection 20 (1)
Motor Vehicle Repair Act		clause 6 (1) (e)
		subsection 6 (2)
Ontario New Home Warranties Plan Act		section 1, definition of "Minister"
Operating Engineers Act		subsection 1 (1), definition of "Minister"
		subsection 1 (2)
Paperback and Periodical Distributors Act		subsection 1 (1), definition of "Director"
		subsection 1 (1), definition of "Minister"
		subsection 12 (1)

Personal Property Security Act		subsection 42 (2)
		subsection 42 (5)
		clause 78 (3) (c)
Real Estate and Business Brokers Act		section 1, definition of "Director"
		section 1, definition of "Minister"
		subsection 48 (1)
Registry Act		section 1, definition of "Minister"
		section 2
		subsection 118 (1)
Retail Sales Tax Act		subsection 17 (9.1)
Technical Standards and Safety Act, 2000		clause 45 (3) (b)
		clause 45 (3) (c)
Theatres Act		subsection 4 (9)
Travel Industry Act		section 1, definition of "Director"
		section 1, definition of "Minister"
Upholstered and Stuffed Articles Act		subsection 1 (1), definition of "Minister"
		subsection 1 (1), definition of "Ministry"
		subsection 1 (1.1)
Vital Statistics Act		section 1, definition of "Registrar General"

14. Subject to section 15, the Acts named in Column 1 of the Table are amended by striking out "Ontario Court (General Division)" wherever that expression occurs in the provisions set out opposite them in Column 2 and substituting in each case "Superior Court of Justice".


Column 1	Column 2
Act	Provision
Amusement Devices Act	subsection 9 (1) in the portion after clause (g)
Assignments and Preferences Act	section 1, definition of "judges"
	subsection 16 (2)
	subsection 33 (2)
	subsection 37 (1)
	subsection 37 (3)
	section 40
Business Practices Act	subsection 12 (3)
	subsection 12 (5)
Cemeteries Act (Revised)	subsection 17 (4)
	subsection 41 (1)
	subsection 66 (6)
	subsection 67 (1)
Collection Agencies Act	subsection 19 (3)
	subsection 19 (6)
	subsection 27 (1)
Consumer Reporting Act	subsection 21 (1)
Corporations Information Act	section 1, definition of "court"
Discriminatory Business Practices Act	subsection 11 (1)
	subsection 11 (2)
Elevating Devices Act	subsection 23 (2)
Energy Act	subsection 23 (2)
Gasoline Handling Act	subsection 10 (1)
Limited Partnerships Act	subsection 34 (1), definition of "court"
Motor Vehicle Dealers Act	subsection 16 (3)
	subsection 16 (6)
	subsection 21 (1)
Operating Engineers Act	subsection 24 (2)
	subsection 25 (4)
	subsection 26 (2)
	subsection 27 (1)
Paperback and Periodical Distributors Act	subsection 13 (1)
Real Estate and Business Brokers Act	clause 5 (g)
	subsection 18 (3)
	subsection 18 (6)
	subsection 49 (1)
Retail Business Holidays Act	subsection 9 (1)
	subsection 9 (1.1)
Theatres Act	subsection 54 (1)
	subsection 54 (5)
Travel Industry Act	subsection 21 (1) in the portion after clause (e)
	subsection 21 (5)
	subsection 22 (3)
	subsection 22 (6)
	subsection 24 (1)
Upholstered and Stuffed Articles Act	subsection 25 (1)

15. (1) The amendments to the Amusement Devices Act, set out in the Tables to sections 13 and 14, do not apply if paragraph 1 of subsection 45 (1) of the Technical Standards and Safety Act, 2000 has come into force.

(2) The amendments to the Boilers and Pressure Vessels Act, set out in the Table to section 13, do not apply if paragraph 2 of subsection 45 (1) of the Technical Standards and Safety Act, 2000 has come into force.

(3) The amendments to the Elevating Devices Act, set out in the Tables to sections 13 and 14, do not apply if paragraph 3 of subsection 45 (1) of the Technical Standards and Safety Act, 2000 has come into force.

(4) The amendments to the Energy Act, set out in the Tables to sections 13 and 14, do not apply if paragraph 4 of subsection 45 (1) of the Technical Standards and Safety Act, 2000 has come into force.

(5) The amendments to the Gasoline Handling Act, set out in the Tables to sections 13 and 14, do not apply if paragraph 5 of subsection 45 (1) of the Technical Standards and Safety Act, 2000 has come into force.

(6) The amendments to the Operating Engineers Act, set out in the Tables to sections 13 and 14, do not apply if paragraph 6 of subsection 45 (1) of the Technical Standards and Safety Act, 2000 has come into force.

(7) The amendments to the Upholstered and Stuffed Articles Act, set out in the Tables to sections 13 and 14, do not apply if paragraph 7 of subsection 45 (1) of the Technical Standards and Safety Act, 2000 has come into force.

Commencement

16. (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

Amendments to Marriage Act

(2) Subsection 10 (4) comes into force on the later of the day the Government Efficiency Act, 2001 receives Royal Assent and the day section 32 of Schedule F to the Red Tape Reduction Act, 1999 comes into force.

Amendments to Ministry of Consumer
and Commercial Relations Act

(3) Section 11 shall be deemed to have come into force on April 1, 2000.

SCHEDULE E
AMENDMENTS PROPOSED BY THE
MINISTRY OF EDUCATION

Ontario College of Teachers
Act, 1996

1. (1) Subsection 17 (2) of the Ontario College of Teachers Act, 1996 is repealed and the following substituted:

Panels

(2) The powers and duties of a committee mentioned in paragraph 2, 3, 4 or 5 of subsection 15 (1) may be exercised by a panel that satisfies the following rules:

1. The panel must consist of at least three persons.

2. A majority of the persons on the panel must be members of the committee.

3. The panel must include at least one member of the committee who was elected to the Council under clause 4 (2) (a) and at least one member of the committee who was appointed to the Council under clause 4 (2) (b).

4. A member of the panel who is not a member of the committee must be on a roster of eligible panellists for the committee established under subsection (3).

Roster of eligible panellists

(3) The Council may establish a roster of eligible panellists for a committee mentioned in paragraph 2, 3, 4 or 5 of subsection 15 (1), consisting of such persons as the Council considers qualified to serve as members of a panel of the committee.

Same

(4) The Lieutenant Governor in Council may appoint such persons to a roster of panellists established under subsection (3) as he or she considers appropriate.

Not member of committee

(5) A person included on a roster for a committee is not a member of the committee by reason of his or her inclusion on the roster or his or her service on a panel of the committee.

Decision of committee

(6) A decision, finding, order, opinion or action of a panel of a committee is deemed to be the decision, finding, order, opinion or action of the committee.

(2) Paragraph 14 of subsection 40 (1) of the Act is repealed and the following substituted:

14. governing the establishment, powers and duties of panels of a committee required by this Act.

(3) Subsection 41 (1) of the Act is amended by adding the following paragraph:

17.1 respecting the establishment of a roster of eligible panellists for a committee established under this Act and the selection, qualifications and training of eligible panellists;

(4) Section 46 of the Act is repealed and the following substituted:

Leave of absence

46. (1) A person who is a member of the Council, a member of a committee established under this Act or a member of a panel of a committee established under this Act shall be granted, on request, a paid leave of absence by his or her employer for the purposes of,

(a) attending a meeting or other proceeding of the Council, committee or panel of the committee during work hours; or

(b) performing other work of the College during work hours at the request of the Registrar or his or her delegate.

Employer reimbursement

(2) If an employer has provided a leave of absence to a person under subsection (1), the College shall reimburse the employer for the salary expense, if any, incurred by the employer in temporarily hiring someone else to replace the person in the workplace.

(5) Section 55 of the Act is repealed and the following substituted:

Immunity of College

55. No proceeding for damages shall be instituted against the College, the Council, a committee established under this Act, a member of the Council, a member of a committee established under this Act or a member of a panel of a committee established under this Act, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power.

Commencement

2. This Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

SCHEDULE F
AMENDMENTS PROPOSED BY THE
MINISTRY OF ENERGY,
SCIENCE AND TECHNOLOGY

Electricity Act, 1998

1. (1) Clause 7 (2) (b) of the Electricity Act, 1998 is repealed and the following substituted:

(b) at least 10 and not more than 20 other directors, including such number of independent directors as is fixed by the regulations, appointed by the Minister in accordance with the regulations.

(2) The Act is amended by adding the following section:

Exemptions from market rules

36.1 (1) A person may apply to the IMO for an exemption from any provision of the market rules.

Notice of application

(2) The IMO shall, in accordance with the market rules, publish notice of the application.

Panel of independent directors

(3) The application shall be determined by a panel of at least two independent directors of the IMO assigned to the application by the chair of the IMO's board of directors.

Written submissions

(4) The panel is not required to hold a hearing but shall consider all written submissions made in accordance with the market rules in respect of the application.

Exemption requires approval of two-thirds of panel

(5) An exemption shall not be granted unless the exemption is approved by at least two-thirds of the independent directors on the panel.

Terms of exemption

(6) An exemption,

(a) may be granted in whole or in part; and

(b) may be granted subject to conditions or restrictions.

Expiry of exemption

(7) If an exemption is granted, it shall specify that it expires,

(a) on a date fixed by the panel; or

(b) on the occurrence of an event specified by the panel.

Same

(8) A date fixed for the expiry of an exemption under clause (7) (a) shall not be later than five years after the exemption takes effect, unless the panel is satisfied that the circumstances justify a later date.

Reasons

(9) When the panel decides to grant or refuse to grant an exemption, it shall give written reasons for its decision.

Notice of decision

(10) When the panel decides to grant or refuse to grant an exemption, the IMO shall, in accordance with the market rules, publish notice of the decision.

Appeal

(11) A person who is directly affected by the panel's decision to grant or refuse to grant an exemption and who made written submissions to the panel may appeal to the Board within 14 days after publication of the notice of the decision.

Short-term exemptions

(12) Subsection (11) does not apply to a decision to grant an exemption that expires less than 60 days after it is granted.

Stay

(13) An appeal does not stay the decision of the panel pending the determination of the appeal.

Powers of Board

(14) After considering the appeal, the Board may make an order,

(a) dismissing the appeal; or

(b) if the Board finds that the decision of the panel is inconsistent with the purposes of this Act,

(i) referring the application for the exemption back to the panel for further consideration,

(ii) revoking or amending the decision of the panel, or

(iii) making any decision that the panel could have made.

Removal of exemption

(15) The IMO may apply to a panel of independent directors to remove an exemption, and, subject to subsection (16), subsections (2), (3), (4), (6), (9), (10), (11), (13) and (14) apply, with necessary modifications.

Appeal of removal of exemption

(16) If a decision is made to remove an exemption, the only person who may appeal under subsection (11) is the person in whose favour the exemption was granted.

Previous exemptions

(17) An exemption from a provision of the market rules that was granted by the IMO before the day this subsection came into force in respect of a metering installation that was in service before April 17, 2000 or in respect of which the major components were ordered or procured before or within 30 days following April 17, 2000 shall be deemed to have been authorized by law and shall continue until it expires pursuant to its terms or until it is removed under subsection (15).

Rules

(18) The independent directors of the IMO may make rules governing the practice and procedure before panels of independent directors under this section.

Report

(19) Not later than the fifth anniversary of the day subsection 26 (1) comes into force, the IMO shall submit a report to the Minister on the need for and operation of this section.

Extension

(20) The Lieutenant Governor in Council may, before the fifth anniversary of the day subsection 26 (1) comes into force, extend by not more than six months the date by which the report referred to in subsection (19) must be submitted.

Tabling of report

(21) The Minister shall submit the report to the Lieutenant Governor in Council and shall then table the report in the Assembly.

(3) Subsection 92.1 (3) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 25, section 46, is amended by striking out "under section 87" and substituting "under section 84.1".

Ontario Energy Board
Act, 1998

2. (1) Subsection 19 (2) of the Ontario Energy Board Act, 1998 is amended by striking out "Subject to subsection 127 (2)" at the beginning.

(2) The Act is amended by adding the following section:

Gas storage areas

36.1 (1) The Board may by order,

(a) designate an area as a gas storage area for the purposes of this Act; or

(b) amend or revoke a designation made under clause (a).

Transition

(2) Every area that was designated by regulation as a gas storage area on the day before this section came into force shall be deemed to have been designated under clause (1) (a) as a gas storage area on the day the regulation came into force.

(3) Section 37 of the Act is amended by striking out "gas storage area designated by regulation" and substituting "designated gas storage area".

(4) Subsection 125.1 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 26, Schedule D, section 2, is amended by striking out "or 77 (1)" in the portion before clause (a) and substituting "77 (1) or 125.2 (1)".

(5) The Act is amended by adding the following section:

Administrative penalties

125.2 (1) Where the director is of the opinion that a person has contravened section 48 or 57, a licence issued under Part IV or V or rules of the Board made under Part III, the director may, subject to the regulations under subsection (13), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention occurred or continues.

Limitation

(2) The director shall not issue a notice in respect of a contravention later than two years after the later of,

(a) the day the contravention occurred; and

(b) the day on which the evidence of the contravention first came to the attention of the director.

Amount of penalty, limited

(3) An administrative penalty in respect of a contravention shall not exceed $10,000 for each day or part of a day on which the contravention occurs or continues.

Contents of notice

(4) A notice of an administrative penalty shall be served on the person who is required to pay the penalty and shall,

(a) contain a description of the contravention to which the notice relates, including, where appropriate, the date and location of the contravention;

(b) specify the amount of the penalty determined by the director in accordance with the regulations under subsection (13);

(d) provide information to the person as to the person's right to require a hearing of the matter by the Board.

Hearing may be required

(5) A person who is required by a notice to pay an administrative penalty may, within 15 days after service of the notice on the person, by a written notice served on the director and the Board, require the Board to hold a hearing with respect to the matter to which the notice relates and, in such case, the requirement to pay is stayed until the disposition of the matter.

Grounds

(6) A notice under subsection (5) requiring the Board to hold a hearing shall set out the grounds on which the person intends to rely at the hearing.

Board's powers on hearing

(7) At a hearing by the Board of a matter to which a notice of an administrative penalty relates, the Board shall determine whether, in the circumstances, the notice should be confirmed, rescinded or amended.

Same

(8) The Board shall not vary the amount of the penalty unless the Board considers the amount to be unreasonable.

Same

(9) For greater certainty, the regulations made under subsection (13) apply to the Board's decisions under subsections (7) and (8).

No offence to be charged if penalty is paid

(10) Where a person who is required by a notice by the director or after a decision of the Board to pay an administrative penalty in respect of a contravention pays the amount of the penalty in accordance with the notice or decision, the person shall not be charged with an offence in respect of the contravention.

Failure to pay when required

(11) Where a person who is required to pay an administrative penalty in accordance with a notice by the director fails to comply with the requirement and no hearing provided for under this section is pending in the matter or, after such hearing, fails to pay an administrative penalty in accordance with a decision of the Board,

(a) the notice or decision may be filed with a local registrar of the Superior Court of Justice and the notice or decision may be enforced as if it were an order of the court;

(b) the director may by order suspend any licence that has been issued to the person under this Act until the administrative penalty is paid; and

Same

(12) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Superior Court of Justice under subsection (11) and, for the purpose, the date on which the notice or decision is filed shall be deemed to be the date of the order.

Regulations

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

(a) specifying the form and content of notices of administrative penalties;

(b) specifying the types of contraventions in respect of which a notice may not be issued under this section and the circumstances when the director shall not issue a notice under this section;

(c) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid;

(d) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section.

General or particular

(14) A regulation under subsection (13) may be general or particular in its application.

Application

(15) This section does not apply to contraventions that occurred before this section came into force.

(6) Clause 127 (1) (e) of the Act is repealed.

(7) Subsection 127 (2) of the Act is repealed.

Commencement

3. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

Same

(2) Subsections 1 (1) and (2) and section 2 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE G
AMENDMENTS PROPOSED BY
THE MINISTRY OF THE ENVIRONMENT

Capital Investment Plan Act, 1993

1. (1) The definition of "municipality" in section 1 of the Capital Investment Plan Act, 1993 is amended by striking out "the corporation of a county, city, town, village, township or improvement district or of a metropolitan, regional or district municipality" and substituting "the corporation of a county, city, town, village or township or of a regional or district municipality".

(2) Subsection 11 (1) of the Act is amended by striking out "this Act or the regulations" at the end and substituting "this Act or the regulations made under this Act".

Consolidated Hearings Act

2. (1) The definition of "municipality" in section 1 of the Consolidated Hearings Act is amended by striking out "the corporation of a county, city, town, village, township or improvement district or of a metropolitan, regional or district municipality" and substituting "the corporation of a county, city, town, village or township or of a regional or district municipality".

(2) Subsection 9 (2) of the Act is amended by striking out "Ontario Court (General Division)" wherever it appears and substituting in each case "Superior Court of Justice".

Environmental Assessment Act

3. (1) The definition of "municipality" in subsection 1 (1) of the Environmental Assessment Act, as amended by the Statutes of Ontario, 1996, chapter 27, section 1, is further amended by striking out "the corporation of a county, metropolitan area, regional area, district area, city, town, village, township improvement district" and substituting "the corporation of a county, regional area, district area, city, town, village or township".

(2) The definition of "undertaking" in subsection 1 (1) of the Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:

(c) an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity of a person or persons, other than a person or persons referred to in clause (a), if an agreement is entered into under section 3.0.1 in respect of the enterprise, activity, proposal, plan or program;

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

(4) The Act is amended by adding the following section:

Agreement for application of Act

3.0.1 A person, other than a person referred to in clause 3 (a), who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity may enter into a written agreement with the Minister to have this Act apply to the enterprise, activity, proposal, plan or program.

(5) Subsection 13.2 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is amended by striking out "Subsections 6 (4) to (7)" at the beginning and substituting "Subsections 6 (3) to (7)".

(6) Paragraph 1 of subsection 31 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 27, section 11, is repealed.

(7) Section 37 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 27, section 16, is amended by striking out "county, metropolitan area, regional area, district area, city, town, village, township, improvement district" and substituting "county, regional area, district area, city, town, village or township".

Environmental Bill of Rights, 1993

4. (1) The definition of "court" in section 82 of the Environmental Bill of Rights, 1993 is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(2) Section 113 of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

Environmental Protection Act

5. (1) The definition of "municipality" in subsection 1 (1) of the Environmental Protection Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 22, is further amended by striking out "the corporation of a county, metropolitan area, regional area, district area, city, town, village, township or improvement district" and substituting "the corporation of a county, regional area, district area, city, town, village or township".

(2) Subsection 45 (4) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 12, is further amended by striking out "the Minister shall certify the amount thereof to the Treasurer of Ontario and the Treasurer shall pay" and substituting "the Minister of the Environment shall certify the amount thereof to the Minister of Finance and the Minister of Finance shall pay".

(3) Subsection 47 (1) of the Act is amended by striking out "the prescribed fees received under this Act" at the end and substituting "the fees received under this section".

(4) Subsection 47 (5) of the Act is amended by striking out "prescribed by the regulations" and substituting "established by the Minister".

(5) The definition of "municipality" in subsection 91 (1) of the Act is amended by striking out "county, city, town, village, township or improvement district" and substituting "county, city, town, village or township".

(6) The definition of "regional municipality" in subsection 91 (1) of the Act is amended by striking out "metropolitan area, regional area or district area" and substituting "regional area or district area".

(7) Subsection 154 (6) of the Act is amended by striking out "the Treasurer of Ontario under this Act, the Fire Marshals Act or" and substituting "the Minister of Finance under this Act, the Fire Protection and Prevention Act, 1997 or".

(8) Subsection 154 (7) of the Act is amended by striking out "the Fire Marshals Act" and substituting "the Fire Protection and Prevention Act, 1997".

(9) Clauses 175.1 (c), (d) and (e) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 7, section 3, are repealed.

(10) Section 175.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 7, section 3 and amended by 1998, chapter 35, section 30, is further amended by adding the following clause:

(j.1) deeming a person to be a person involved in carrying out a program of the Ministry for the purpose of subsection 184 (2);

(11) Clause 176 (4) (i) of the Act is repealed.

(12) The Act is amended by adding the following section:

Fees

179.1 The Minister may establish and require the payment of fees in respect of any matter under this Act, specify to whom the fees are paid, provide for the retention of all or part of the fees by the person to whom they are paid and provide for the refund of fees.

(13) Clause 182.1 (10) (a) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 34, is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(14) Subsection 182.1 (11) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 34, is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(15) Subsection 184 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 35, is amended by striking out "the Ministry or any employee or agent of the Ministry" and substituting "the Ministry, any employee or agent of the Ministry or any person involved in carrying out a program of the Ministry".

(16) Section 185 of the Act is amended by striking out "Ontario Court (Provincial Division)" and substituting "Ontario Court of Justice".

(17) Section 186 of the Act, as amended by the Statutes of Ontario, 1998, chapter 35, section 36, is further amended by adding the following subsection:

Offence re fees

(3.1) Every person who fails to pay a fee that the person is required to pay under section 179.1 is guilty of an offence.

(18) Subsection 187 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 37, is amended by striking out "under subsection 186 (1)" in the portion before clause (a) and substituting "under subsection 186 (1) or (3.1)".

(19) Clause 191 (2) (b) of the Act is amended by striking out "any applicable prescribed administrative fee" in the portion before subclause (i) and substituting "any applicable administrative fee".

(20) The Act is amended by adding the following section:

Administrative changes
to certificates of approval, etc.

196.1 The Director may revoke a certificate of approval or provisional certificate of approval, alter the terms and conditions of a certificate of approval or provisional certificate of approval, or make an order revoking or amending a program approval or order issued by the Director under this Act if the Director is satisfied that the revocation, alteration or amendment is in the public interest and is desirable for administrative reasons to,

(a) reflect changes that have occurred with respect to the identity or description of any person or place; or

(b) eliminate provisions that are spent or obsolete.

(21) The following provisions of the Act are amended by striking out "Ontario Court (General Division)" wherever it occurs and substituting in each case "Superior Court of Justice":

1. Subsection 95 (2).

2. Subsections 153 (1) and (2).

3. Clause 162.2 (2) (g), as enacted by the Statutes of Ontario, 1998, chapter 35, section 23.

4. Subsection 162.3 (1), clause 162.3 (3) (h) and subsection 162.3 (5), as enacted by the Statutes of Ontario, 1998, chapter 35, section 23.

5. Subsection 174 (12).

6. Subsection 190.1 (7), as enacted by the Statutes of Ontario, 1998, chapter 35, section 40.

7. Subsection 190.2 (5), as enacted by the Statutes of Ontario, 1998, chapter 35, section 40.

(22) The following provisions of the Act are amended by striking out "Treasurer of Ontario" and "Treasurer" wherever they occur and substituting in each case "Minister of Finance":

1. Subsection 24 (5).

2. Subsection 47 (4), clauses 47 (8) (a) and (b) and subsections 47 (15) and (16).

3. Section 65.

4. Section 72.

5. Section 73.

6. Clause 150 (3) (c).

7. Subsection 154 (4).

Ontario Water Resources Act

6. (1) The definition of "cost" in section 1 of the Ontario Water Resources Act is amended by,

(a) striking out "Minister" wherever it occurs and substituting in each case "Minister of the Environment"; and

(b) striking out "Treasurer" in clause (b) and substituting "Minister of Finance".

(2) The definition of "municipality" in section 1 of the Act is amended by striking out "the corporation of a county, metropolitan area, regional area, district area, city, town, village, township or improvement district" and substituting "the corporation of a county, regional area, district area, city, town, village or township".

(3) Section 1 of the Act, as amended by the Statutes of Ontario, 1992, chapter 23, section 39, 1993, chapter 23, section 73, 1998, chapter 35, section 44, 2000, chapter 22, section 2, 2000, chapter 26, Schedule E, section 5 and 2000, chapter 26, Schedule F, section 13, is further amended by adding the following definition:

"regulations" means the regulations made under this Act; ("règlements")

(4) The definition of "sewage" in section 1 of the Act is amended by striking out "specified by regulations made under clause 75 (1) (j)" and substituting "specified by the regulations".

(5) The definition of "Treasurer" in section 1 of the Act is repealed.

(6) Section 11 of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 73, is further amended by striking out "subsections 63 (4) to (8)" and substituting "subsections 63 (5) to (8)".

(7) Subsection 35 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 13, is further amended by striking out "sections 36 to 51" in the portion before the definition of "construct" and substituting "sections 36 to 50".

(8) The definitions of "prescribed" and "regulations" in subsection 35 (1) of the Act are repealed.

(9) Subsection 35 (2) of the Act is amended by striking out "sections 35 to 51" and substituting "this section, sections 36 to 50".

(10) Section 37 of the Act is amended by striking out "the prescribed fee" and substituting "the required fee".

(11) Section 40 of the Act is amended by striking out "sections 35 to 51" and substituting "sections 35 to 50".

(12) Section 40 of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

(13) Clause 41 (c) of the Act is amended by striking out "sections 35 to 51" and substituting "sections 35 to 50".

(14) Clause 42 (c) of the Act is amended by striking out "sections 35 to 51" and substituting "sections 35 to 50".

(15) Clause 42 (g) of the Act is amended by striking out "sections 35 to 51" and substituting "sections 35 to 50".

(16) Subsection 43 (1) of the Act is amended by striking out "licence of a prescribed class" and substituting "licence of a class prescribed by the regulations".

(17) Section 44 of the Act is amended by,

(a) striking out "licence of a prescribed class" and substituting "licence of a class prescribed by the regulations"; and

(b) striking out "sections 35 to 51" and substituting "sections 35 to 50".

(18) Section 44 of the Act is amended by striking out "the prescribed fee" at the end and substituting "the required fee".

(19) Clause 46 (b) of the Act is amended by striking out "sections 35 to 51" and substituting "sections 35 to 50".

(20) Subsection 47 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 13, is further amended by striking out "sections 35 to 51" and substituting "sections 35 to 50".

(21) Subsection 49 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 13, is further amended by striking out "the prescribed fee" in the portion before clause (a) and substituting "the required fee".

(22) Section 51 of the Act is repealed.

(23) Clause 52 (8) (a) of the Act is amended by striking out "under any Act or regulation" and substituting "under any Act or under any regulation made under any Act".

(24) Clause 52 (8) (d) of the Act is amended by striking out "by regulations made under this Act" and substituting "by the regulations".

(25) Clause 53 (6) (f) of the Act is amended by striking out "by regulations made under this Act" and substituting "by the regulations".

(26) Clause 57 (a) of the Act is amended by striking out "by an Act or regulation, order or direction" and substituting "by any Act, by any regulation made under any Act, by any order or direction".

(27) Subsection 62 (1) of the Act is amended by striking out "it is not necessary to obtain the assent of the electors to any by-law for incurring a debt for any such purpose and".

(28) Subsection 63 (4) of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 73, is repealed.

(29) Subsection 64 (2) of the Act is amended by striking out "Treasurer" and substituting "Minister of Finance".

(30) Clause 75 (1) (j) of the Act is amended by striking out "this Act or of any regulation made thereunder" and substituting "this Act or the regulations".

(31) Subsection 75 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 7, section 7, is further amended by striking out "sections 35 to 51" in the portion before clause (a) and substituting "sections 35 to 50".

(32) Clauses 76 (c), (d) and (e) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 7, section 8, are repealed.

(33) Section 76 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 7, section 8 and amended by 1998, chapter 35, section 62, is further amended by adding the following clause:

(i.1) deeming a person to be a person involved in carrying out a program of the Ministry or the Agency for the purpose of subsection 98 (2);

(34) Clause 84 (3) (c) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

(35) Subsection 88 (4) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

(36) Subsection 88 (6) of the Act is amended by striking out "the Treasurer of Ontario under this Act, the Environmental Protection Act or the Fire Marshals Act" and substituting "the Minister of Finance under this Act, the Environmental Protection Act or the Fire Protection and Prevention Act, 1997".

(37) Subsection 88 (7) of the Act is amended by striking out "the Fire Marshals Act" and substituting "the Fire Protection and Prevention Act, 1997".

(38) Subsection 94 (1) of the Act is amended by striking out "this Act or the regulations made under this Act" in the portion before clause (a) and substituting "this Act or the regulations".

(39) Subsection 95 (1) of the Act is amended by striking out "this Act or any regulation made thereunder" and substituting "this Act or the regulations".

(40) Sections 96 and 97 of the Act are repealed and the following substituted:

Fees

96. The Minister may establish and require the payment of fees in respect of any matter under this Act, specify to whom the fees are paid, provide for the retention of all or part of the fees by the person to whom they are paid and provide for the refund of fees.

(41) Subsection 98 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 66, is amended by striking out "the Ministry or the Agency or any employee or agent of the Ministry or the Agency" and substituting "the Ministry or the Agency, any employee or agent of the Ministry or the Agency, or any person involved in carrying out a program of the Ministry or the Agency".

(42) Section 99 of the Act is amended by,

(a) striking out "payable by a person to the Treasurer" and substituting "payable by a person to the Minister of Finance";

(b) striking out "determined by the Treasurer" and substituting "determined by the Minister of Finance"; and

(c) striking out "recovered by the Minister" and substituting "recovered by the Minister of the Environment".

(43) The Act is amended by adding the following section:

Administrative changes to permits, etc.

104.1 The Director may revoke or cancel a permit, alter the terms and conditions of a permit or approval or make an order amending or revoking a direction, order, report, notice or approval issued by the Director under this Act if the Director is satisfied that the revocation, cancellation, alteration or amendment is in the public interest and is desirable for administrative reasons to,

(a) reflect changes that have occurred with respect to the identity or description of any person or place; or

(b) eliminate provisions that are spent or obsolete.

(44) Section 105 of the Act is amended by striking out "Ontario Court (Provincial Division)" and substituting "Ontario Court of Justice".

(45) Clause 106 (1) (c) of the Act is amended by striking out "regulations made under this Act" and substituting "the regulations".

(46) Clause 106.1 (11) (a) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 69, is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(47) Subsection 106.1 (12) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 69, is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(48) Section 107 of the Act, as amended by the Statutes of Ontario, 1998, chapter 35, section 70, is further amended by adding the following subsection:

Offence re fees

(4) Every person who fails to pay a fee that the person is required to pay under section 96 is guilty of an offence.

(49) Clause 113 (2) (b) of the Act is amended by striking out "any applicable prescribed administrative fee" in the portion before subclause (i) and substituting "any applicable administrative fee".

(50) The following provisions of the Act are amended by striking out "Ontario Court (General Division)" wherever it occurs and substituting in each case "Superior Court of Justice":

1. Clause 21.2 (2) (g), as enacted by the Statutes of Ontario, 1998, chapter 35, section 56.

2. Subsection 21.3 (1), clause 21.3 (3) (h) and subsection 21.3 (5), as enacted by the Statutes of Ontario, 1998, chapter 35, section 56.

3. Subsection 29 (3).

4. Subsection 87 (1).

5. Subsection 112.1 (7), as enacted by the Statutes of Ontario, 1998, chapter 35, section 75.

6. Subsection 112.2 (5), as enacted by the Statutes of Ontario, 1998, chapter 35, section 75.

Pesticides Act

7. (1) Subsection 11 (1) of the Pesticides Act is amended by striking out "the fee prescribed" and substituting "the required fee".

(2) Subsection 13 (6) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 14, is further amended by striking out "the prescribed fee" in the portion before clause (a) and substituting "the required fee".

(3) The French version of subsection 14 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 117 and 2000, chapter 26, Schedule F, section 14, is further amended by striking out "qu'elle s'est conformée ou qu'elle" and substituting "qu'il s'est conformé ou qu'il".

(4) Subsection 17 (5) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 79, is amended by striking out "the Ministry or any employee or agent of the Ministry" and substituting "the Ministry, any employee or agent of the Ministry or any person involved in carrying out a program of the Ministry".

(5) Subsection 27 (10) of the Act is amended by striking out "subsections 14 (2), (3), (4), (5), (6), (7) and (8)" and substituting "subsections 14 (2), (3), (4), (6) and (8)".

(6) Paragraph 3 of section 35 of the Act is amended by striking out "and prescribing fees therefor" at the end.

(7) Paragraph 5 of section 35 of the Act is amended by striking out "the issue of permits, prescribing fees therefor and" and substituting "the issue of permits and".

(8) Paragraph 7 of section 35 of the Act is amended by striking out "and prescribing fees for such examinations" at the end.

(9) Section 35 of the Act, as amended by the Statutes of Ontario, 1997, chapter 37, section 5 and 1998, chapter 35, section 92, is further amended by adding the following paragraph:

37. deeming a person to be a person involved in carrying out a program of the Ministry for the purpose of subsection 17 (5).

(10) Section 37 of the Act is repealed and the following substituted:

Fees

37. The Minister may establish and require the payment of fees in respect of any matter under this Act, specify to whom the fees are paid, provide for the retention of all or part of the fees by the person to whom they are paid and provide for the refund of fees.

(11) Section 41 of the Act is amended by striking out "Ontario Court (Provincial Division)" and substituting "Ontario Court of Justice".

(12) Clause 41.1 (10) (a) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 95, is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(13) Subsection 41.1 (11) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 95, is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(14) Section 42 of the Act is amended by adding the following subsection:

Offence re fees

(4) Every person who fails to pay a fee that the person is required to pay under section 37 is guilty of an offence.

(15) Clause 47 (2) (b) of the Act is amended by striking out "any applicable prescribed administrative fee" in the portion before subclause (i) and substituting "any applicable administrative fee".

(16) The Act is amended by adding the following section:

Administrative changes
to control orders and permits

52.1 The Director may rescind or amend a control order, cancel a permit or alter a term or condition in a permit if the Director is satisfied that the rescission, amendment, cancellation or alteration is in the public interest and is desirable for administrative reasons to,

(a) reflect changes that have occurred with respect to the identity or description of any person or place; or

(b) eliminate provisions that are spent or obsolete.

(17) The following provisions of the Act are amended by striking out "Ontario Court (General Division)" wherever it occurs and substituting in each case "Superior Court of Justice":

1. Clause 24.2 (2) (g), as enacted by the Statutes of Ontario, 1998, chapter 35, section 87.

2. Subsection 24.3 (1), clause 24.3 (3) (h) and subsection 24.3 (5), as enacted by the Statutes of Ontario, 1998, chapter 35, section 87.

3. Subsection 46.1 (7), as enacted by the Statutes of Ontario, 1998, chapter 35, section 99.

4. Subsection 46.2 (5), as enacted by the Statutes of Ontario, 1998, chapter 35, section 99.

5. Subsection 52 (1).

Commencement

8. (1) Subject to subsections (2) to (7), this Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

Same

(2) Subsections 5 (3), (4), (9), (11) and (19) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(3) Subsections 5 (13) and (14) come into force on the later of the following:

1. The day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force.

2. The day the Government Efficiency Act, 2001 receives Royal Assent.

Same

(4) Subsections 6 (10), (12), (18), (21), (32) and (49) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(5) Subsections 6 (46) and (47) come into force on the later of the following:

1. The day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force.

2. The day the Government Efficiency Act, 2001 receives Royal Assent.

Same

(6) Subsections 7 (1), (2), (6), (7), (8) and (15) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(7) Subsections 7 (12) and (13) come into force on the later of the following:

1. The day section 95 of the Environmental Statute Law Amendment Act, 1998 comes into force.

2. The day the Government Efficiency Act, 2001 receives Royal Assent.

SCHEDULE H
REPEALS PROPOSED BY THE
MINISTRY OF FINANCE

Repeals

1. The following Acts are repealed:

1. Ontario Loan Act, 1997.

2. Supply Act, 1991, being chapter 7.

3. Supply Act, 1991 (No. 2), being chapter 58.

4. Supply Act, 1992.

5. Supply Act, 1993.

6. Supply Act, 1994.

7. Supply Act, 1996.

8. Supply Act, 1997, being chapter 13.

9. Supply Act, 1997 (No. 2), being chapter 46.

10. Supply Act, 1999.

11. Supply Act, 2000.

Commencement

2. This Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

SCHEDULE I
AMENDMENTS PROPOSED BY THE
MINISTRY OF LABOUR

Employment Standards Act, 2000

1. (1) The definition of "employee" in subsection 1 (1) of the Employment Standards Act, 2000 is repealed and the following substituted:

"employee" includes,

(a) a person, including an officer of a corporation, who performs work for an employer for wages,

(b) a person who supplies services to an employer for wages,

(d) a person who is a homeworker,

and includes a person who was an employee; ("employé")

(2) Subsections 12 (1) and (2) of the Act are repealed and the following substituted:

Statement re wages

(1) On or before an employee's pay day, the employer shall give to the employee a written statement setting out,

(a) the pay period for which the wages are being paid;

(b) the wage rate, if there is one;

(c) the gross amount of wages and, unless the information is provided to the employee in some other manner, how that amount was calculated;

(d) subject to subsection (2) and if one or more vacation days are taken during the pay period,

(i) the amount, if any, of vacation pay accrued in previous calendar years that has not yet been paid,

(ii) the amount of vacation pay accrued in the current calendar year,

(iii) the amount of vacation pay that has been paid during the period beginning on the day after the last pay day and ending on the current pay day, and

(iv) the total amount of vacation pay that has been accrued but not yet paid;

(e) the amount and purpose of each deduction from wages;

(f) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and

(g) the net amount of wages being paid to the employee.

Same

(2) The statement need not include the information described in clause (1) (d) if the employer pays vacation pay in accordance with subsection 36 (3).

(3) Subsection 14 (2) of the Act is repealed and the following substituted:

Exception

(2) Subsection (1) does not apply with respect to a distribution made under the Bankruptcy and Insolvency Act (Canada) or other legislation enacted by the Parliament of Canada respecting bankruptcy or insolvency.

(4) Subsection 22 (5) of the Act is amended by striking out "or made under the Industrial Standards Act" in the portion before clause (a).

(5) Subsection 36 (1) of the Act is amended by striking out "Subject to subsections (2) and (3)" at the beginning and substituting "Subject to subsections (2) to (4)".

(6) Clause 36 (3) (b) of the Act is repealed and the following substituted:

(b) a separate statement of vacation pay is provided containing the information set out in subclause 12 (1) (d) (iii) at the same time that the statement of wages is provided under subsection 12 (1).

(7) Section 36 of the Act is amended by adding the following subsection:

Same

(4) The employer may pay the employee vacation pay at a time agreed to by the employee.

(8) The English version of clause 39 (a) of the Act is repealed and the following substituted:

(a) the employee is represented by a trade union; and

. . . . .

(9) The definition of "parent" in section 45 of the Act is amended by adding "and "child" has a corresponding meaning" at the end.

(10) Section 46 of the Act is amended by adding the following subsection:

Latest day for beginning pregnancy leave

(3.1) An employee may begin her pregnancy leave no later than the earlier of,

(a) her due date; and

(b) the day on which she gives birth.

(11) The Act is amended by adding the following section:

Leave and vacation conflict

51.1 (1) An employee who is on leave under this Part may defer taking vacation until the leave expires or, if the employer and employee agree to a later date, until that later date if,

(a) under the terms of the employee's employment contract, the employee may not defer taking vacation that would otherwise be forfeited or the employee's ability to do so is restricted; and

(b) as a result, in order to exercise his or her right to leave under this Part, the employee would have to,

(i) forfeit vacation or vacation pay, or

(ii) take less than his or her full leave entitlement.

Leave and completion of vacation conflict

(2) If an employee is on leave under this Part on the day by which his or her vacation must be completed under paragraph 1 of section 34, the uncompleted part of the vacation shall be completed immediately after the leave expires or, if the employer and employee agree to a later date, beginning on that later date.

Alternative right, vacation pay

(3) An employee to whom this section applies may forego vacation and receive vacation pay in accordance with section 41 rather than completing his or her vacation under this section.

(12) Clause 56 (2) (b) of the Act is amended by striking out "or" at the end of subclause (iv) and by striking out subclause (v) and substituting the following:

(v) the employer recalls the employee within the time approved by the Director, or

(vi) in the case of an employee who is not represented by a trade union, the employer recalls the employee within the time set out in an agreement between the employer and the employee; or

. . . . .

(13) Subsection 60 (2) of the Act is repealed and the following substituted:

No regular work week

(2) For the purposes of clause (1) (b), if the employee does not have a regular work week or if the employee is paid on a basis other than time, the employer shall pay the employee an amount equal to the average amount of regular wages earned by the employee per week for the weeks in which the employee worked in the period of 12 weeks immediately preceding the day on which notice was given.

(14) Clause 61 (1) (a) of the Act is repealed and the following substituted:

(a) pays to the employee termination pay in a lump sum equal to the amount the employee would have been entitled to receive under section 60 had notice been given in accordance with that section; and

(15) Section 61 of the Act is amended by adding the following subsection:

No regular work week

(1.1) For the purposes of clause (1) (a), if the employee does not have a regular work week or is paid on a basis other than time, the amount the employee would have been entitled to receive under section 60 shall be calculated as if the period of 12 weeks referred to in subsection 60 (2) were the 12-week period immediately preceding the day of termination.

(16) Clauses 64 (2) (a) and (b) of the Act are amended by striking out "including officers" wherever it appears.

(17) Subsection 66 (1) of the Act is repealed and the following substituted:

Instalments

(1) An employer may pay severance pay to an employee who is entitled to it in instalments with the agreement of the employee or the approval of the Director.

(18) Section 96 of the Act is amended by adding the following subsection:

Limitation

(3) A complaint regarding a contravention that occurred more than two years before the day on which the complaint was filed shall be deemed not to have been filed.

(19) The French version of subsection 103 (7) of the Act is amended in the portion before clause (a),

(a) by striking out "l'agent des normes à la personne d'emploi" and substituting "l'agent des normes d'emploi"; and

(b) by striking out "sa délivrance" and substituting "sa prise".

(20) Section 103 of the Act is amended by adding the following subsections:

Notice to employee

(7.1) An employment standards officer who issues an order with respect to an employee under this section shall advise the employee of its issuance by letter served personally or in accordance with section 95.

Proof of service

(7.2) A certificate of the employment standards officer who served a letter on an employee under subsection (7.1) is evidence of the issuance of the order, service of the letter on the person and the receipt of it by the person if the officer,

(a) certifies in it that the letter was served on the person; and

(b) sets out in it the method of service used.

(21) Subsection 106 (7) of the Act is repealed and the following substituted:

Service of orders on directors

(7) An order issued against a director under this section may be served personally or in accordance with section 95.

(22) Section 111 of the Act is repealed and the following substituted:

Time limit on recovery, employee's complaint

111. (1) If an employee files a complaint alleging a contravention of this Act or the regulations, the employment standards officer investigating the complaint may not issue an order for wages that became due to the employee under the provision that was the subject of the complaint or any other provision of this Act or the regulations if the wages became due more than six months before the complaint was filed.

Same, another employee's complaint

(2) If, in the course of investigating a complaint, an employment standards officer finds that an employer has contravened this Act or the regulations with respect to an employee who did not file a complaint, the officer may not issue an order for wages that became due to that employee as a result of that contravention if the wages became due more than six months before the complaint was filed.

Same, inspection

(3) If an employment standards officer finds during an inspection that an employer has contravened this Act or the regulations with respect to an employee, the officer may not issue an order for wages that became due to the employee more than six months before the officer commenced the inspection.

Repeated contraventions

(4) Despite subsections (1) to (3), the time limit within which wages must have become due under those subsections is 12 months, rather than six months, if,

(a) the employment standards officer investigating the complaint or performing the inspection finds that the employer has contravened the same provision of this Act or the regulations more than once with respect to the employee;

(b) the contraventions were in each case with respect to wages to which the employee became entitled under the same provision of this Act or the regulations or under provisions of the employee's employment contract that are identical or are virtually identical; and

Same

(5) Subsection (4) applies with respect to repeated contraventions of section 11 or 13 only if,

(a) none of those contraventions are also contraventions of another provision of this Act or the regulations; or

(b) all of those contraventions are also contraventions of the same provision of this Act or the regulations, other than section 11 or 13, or of provisions of the employee's employment contract that are identical or virtually identical.

Complaints from different employees

(6) If two or more employees file complaints alleging contraventions of this Act or the regulations and at least one of the contraventions in each of the complaints arose under the same provision of this Act or the regulations or under identical or virtually identical provisions of their employment contracts, subsections (1) and (2) apply with respect to all of the complaints, as if all of them had been filed on the day the first complaint was filed.

Same

(7) Subsection (6) applies with respect to contraventions of section 11 or 13 with respect to different employees only if,

(a) none of those contraventions are also contraventions of another provision of this Act or the regulations; or

(b) all of those contraventions are also contraventions of the same provision of this Act or the regulations, other than section 11 or 13, or of provisions of the employees' employment contracts that are identical or virtually identical.

Same

(8) Subsection (6) does not apply with respect to a complaint filed after an employment standards officer has issued an order under subsection (6) with respect to an earlier complaint or advised an earlier complainant of his or her refusal to issue such an order.

(23) Subsections 113 (5) and (6) of the Act are repealed and the following substituted:

Deemed contravention

(5) The person shall be deemed to have contravened the provision set out in the notice if,

(a) the person fails to apply to the Board for a review of the notice within the period set out in subsection 122 (1); or

(b) the person applies to the Board for a review of the notice and the Board finds that the person contravened the provision set out in the notice.

Penalty

(6) A person who is deemed to have contravened this Act shall pay to the Minister of Finance the penalty for the deemed contravention and the amount of any collector's fees and disbursements added to the amount under subsection 128 (2).

Same

(6.1) The payment under subsection (6) shall be made within 30 days after the day the notice of contravention was issued or, if the notice of contravention is appealed, within 30 days after the Board finds that there was a contravention.

(24) Subsection 114 (4) of the Act is repealed and the following substituted:

Restriction on rescission or amendment

(4) An employment standards officer shall not amend or rescind an order to pay wages or compensation after the last day on which he or she could have issued that order under subsection (1) unless the employer against whom the order was issued and the employee with respect to whom it was issued consent to the rescission or amendment.

Same

(5) An employment standards officer shall not amend or rescind a notice of contravention after the last day on which he or she could have issued that notice under subsection (1) unless the employer against whom the notice was issued consents to the rescission or amendment.

(25) Subsection 116 (1) of the Act is amended by striking out "subsection (3)" in the portion before clause (a) and substituting "subsection (4)".

(26) Subsections 116 (2), (3), (4) and (5) of the Act are repealed and the following substituted:

Employee seeks review of order

(2) If an order has been issued under section 103 or 104 with respect to an employee, the employee is entitled to a review of the order by the Board if, within the period set out in subsection (4), the employee applies to the Board in writing for a review.

Employee seeks review of refusal

(3) If an employee has filed a complaint alleging a contravention of this Act or the regulations and an order could be issued under section 103, 104 or 108 with respect to such a contravention, the employee is entitled to a review of an employment standards officer's refusal to issue such an order if, within the period set out in subsection (4), the employee applies to the Board in writing for such a review.

Period for applying for review

(4) An application for a review under subsection (1), (2) or (3) shall be made within 30 days after the day on which the order, letter advising of the order or letter advising of the refusal to issue an order, as the case may be, is served.

Extension of time

(5) The Board may extend the time for applying for a review under this section if it considers it appropriate in the circumstances to do so and, in the case of an application under subsection (1),

(a) the Board has enquired of the Director whether the Director has paid to the employee the wages or compensation that were the subject of the order and is satisfied that the Director has not done so; and

(b) the Board has enquired of the Director whether a collector's fees or disbursements have been added to the amount of the order under subsection 128 (2) and, if so, the Board is satisfied that fees and disbursements were paid by the person to whom the order was issued.

(27) Clause 118 (1) (b) of the Act is repealed and the following substituted:

(b) providing for forms and their use.

(28) Subsections 122 (5) and (6) of the Act are repealed and the following substituted:

Decision

(5) The Board may,

(a) find that the person did not contravene the provision and rescind the notice;

(b) find that the person did contravene the provision and affirm the notice; or

Collector's fees and disbursements

(6) If the Board finds that the person contravened the provision and if it extended the time for applying for a review under clause (1) (b),

(a) before issuing its decision, it shall enquire of the Director whether a collector's fees and disbursements have been added to the amount set out in the notice under subsection 128 (2); and

(b) if they have been added to that amount, the Board shall advise the person of that fact and of the total amount, including the collector's fees and disbursements, when it issues its decision.

Certain provisions applicable

(7) Subsections 116 (8) and (9), 118 (1), (3), (4) and (5) and 119 (3), (4), (5), (13) and (14) apply, with necessary modifications, to a review under this section.

(29) The Act is amended by adding the following section:

Prosecution of employment standards officer

137.1 (1) No prosecution of an employment standards officer shall be commenced with respect to an alleged contravention of subsection 89 (2) without the consent of the Deputy Attorney General.

Proof of consent

(2) The production of a document that appears to show that the Deputy Attorney General has consented to a prosecution of an employment standards officer is admissible as evidence of his or her consent.

(30) Subsection 141 (1) of the Act is amended by adding the following paragraph:

2.1 Establishing a maximum pay period, a maximum period within which payments made to an employee shall be reconciled with wages earned by the employee or both.

(31) Section 141 of the Act is amended by adding the following subsection:

Regulations re Part XXII

(3.1) A regulation prescribing penalties for contraventions for the purposes of subsection 113 (1) may,

(a) provide for greater penalties for the second contravention and for the third or subsequent contravention of a provision of the Act in a three-year period or in such other period as may be prescribed;

(b) provide that the penalty for a contravention is the prescribed amount multiplied by the number of employees affected by the contravention.

(32) Subsections 142 (3), (4) and (5) of the Act are repealed.

Ministry of Labour Act

2. Clause 6 (d) of the Ministry of Labour Act is repealed.

Occupational Health and Safety Act

3. (1) Section 4 of the Occupational Health and Safety Act is repealed and the following substituted:

Self-employed persons

4. Subsection 25 (1), clauses 26 (1) (c), (e), (f) and (g), subsection 33 (1) and sections 34, 37, 38, 39, 40, 41, 51, 52, 54, 57, 59, 60, 61, 62, 66, 67, 68 and 69, and the regulations in relation thereto, apply with necessary modifications to a self-employed person.

(2) Section 4 of the Act, as re-enacted by subsection (1), is amended by striking out "34".

(3) Section 9 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 1994, chapter 27, section 120 and 1998, chapter 8, section 50, is further amended by adding the following subsections:

Same

(3.2) In an order under subsection (3.1), the Minister may,

(a) provide that the members of a committee who represent workers may designate a worker at a workplace who is not a member of the committee to inspect the physical condition of the workplace under subsection 9 (23) and to exercise a committee member's rights and responsibilities under clause 43 (4) (a) and subsections 43 (7), (11) and (12); and

(b) require the employer to provide training to the worker to enable the worker to adequately perform the tasks or exercise the rights and responsibilities delegated by the committee.

Same

(3.3) If a worker is designated under clause (3.2) (a), the following apply:

1. The designated worker shall comply with this section as if the worker were a committee member while exercising a committee member's rights and responsibilities.

2. Subsections 9 (35) and 43 (13), section 55, clauses 62 (5) (a) and (b) and subsection 65 (1) apply to the designated worker as if the worker were a committee member while the worker exercises a committee member's rights and responsibilities.

3. The worker does not become a member of the committee as a result of the designation.

(4) The Act is amended by adding the following Part:

PART III.1
CODES OF PRACTICE

Definition

32.1 In this Part,

"regulatory requirement" means a requirement under a regulation made under this Act.

Approval of code of practice

32.2 (1) The Minister may approve all or part of a code or standard of practice made by any person or body or by the Ministry and, if the Minister does so, that code or standard of practice may be followed to comply with a regulatory requirement specified in the approval.

Withdrawal of approval

(2) The Minister may withdraw an approval under subsection (1).

Regulations Act not to apply

(3) The Regulations Act does not apply with respect to an approval under this section or the withdrawal of such an approval.

Delegation

(4) The Minister may delegate the Minister's power under this section to the Deputy Minister.

Publication of approval, etc.

32.3 (1) An approval or a withdrawal of an approval under section 32.2 shall be published in The Ontario Gazette.

Effect of publication

(2) Publication of an approval or withdrawal of approval in The Ontario Gazette,

(a) is, in the absence of evidence to the contrary, proof of the approval or withdrawal of approval; and

(b) shall be deemed to be notice of the approval or withdrawal of approval to everyone affected by it.

Judicial notice

(3) Judicial notice shall be taken of an approval or withdrawal of approval published in The Ontario Gazette.

Effect of approved code of practice

32.4 The following apply if a code of practice is approved under section 32.2:

1. Compliance with the approved code of practice shall be deemed to be compliance with the regulatory requirement.

2. A failure to comply with the approved code of practice is not, in itself, a breach of the regulatory requirement.

3. It is a defence on a prosecution for failing to comply with the regulatory requirement for an accused to prove that whatever was done afforded protection for the health and safety of workers that was at least equal to the protection that would have been given if the approved code of practice had been complied with.

(5) Subsection 33 (6) of the Act is amended by striking out "subsection 45 (8) of the Labour Relations Act" at the end and substituting "subsection 48 (12) of the Labour Relations Act, 1995".

(6) Section 34 of the Act is repealed.

(7) Section 36 of the Act is repealed.

(8) Subsection 38 (1) of the Act is repealed and the following substituted:

Material safety data sheets to be made available

(1) A copy of every unexpired material safety data sheet required by this Part in respect of hazardous materials in a workplace shall be,

(a) made available by the employer in the workplace in such a manner as to allow examination by the workers;

(b) furnished by the employer to the committee or health and safety representative, if any, for the workplace or to a worker selected by the workers to represent them, if there is no committee or health and safety representative;

(c) furnished by the employer on request or if so prescribed to the medical officer of health of the health unit in which the workplace is located;

(d) furnished by the employer on request or if so prescribed to the fire department which serves the location in which the workplace is located; and

(e) filed by the employer with a Director on request or if so prescribed.

(9) Subsections 38 (2) and (3) of the Act are repealed and the following substituted:

Public access

(2) The medical officer of health, at the request of any person, shall request an employer to furnish a copy of an unexpired material safety data sheet.

Same

(3) At the request of any person, the medical officer of health shall make available to the person for inspection a copy of any material safety data sheet requested by the person and in the possession of the medical officer of health.

(10) Clause 40 (1) (a) of the Act is repealed and the following substituted:

(a) information required under this Part in a label or material safety data sheet; or

. . . . .

(11) Subsection 43 (7) of the Act is repealed and the following substituted:

Investigation by inspector

(7) An inspector shall investigate the refusal to work in consultation with the employer or a person representing the employer, the worker, and if there is such, the person mentioned in clause (4) (a), (b) or (c).

(12) Subsection 52 (1) of the Act is repealed and the following substituted:

Notice of accident, explosion or fire causing injury

(1) If a person is disabled from performing his or her usual work or requires medical attention because of an accident, explosion or fire at a workplace, but no person dies or is critically injured because of that occurrence, the employer shall, within four days of the occurrence, give written notice of the occurrence containing the prescribed information and particulars to the following:

1. The committee, the health and safety representative and the trade union, if any.

2. The Director, if an inspector requires notification of the Director.

(13) Subsection 57 (10) of the Act is repealed and the following substituted:

Same

(10) Where an inspector makes an order in writing or issues a report of his or her inspection to an owner, constructor, licensee, employer or person in charge of the workplace,

(a) the owner, constructor, licensee, employer or person in charge of the workplace shall forthwith cause a copy or copies of it to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the workers and shall furnish a copy of the order or report to the health and safety representative and the committee, if any; and

(b) if the order or report resulted from a complaint of a contravention of this Act or the regulations and the person who made the complaint requests a copy of it, the inspector shall cause a copy of it to be furnished to that person.

(14) Section 60 of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(15) Subsection 68 (1) of the Act is amended by striking out "Ontario Court (Provincial Division)" and substituting "Ontario Court of Justice".

(16) Paragraph 33 of subsection 70 (2) of the Act is repealed.

Workplace Safety and
Insurance Act, 1997

4. (1) Clause 45 (11) (e) of the Workplace Safety and Insurance Act, 1997, as amended by the Statutes of Ontario, 1999, chapter 6, section 67, is repealed and the following substituted:

(e) the name of any designated beneficiary; and

. . . . .

(2) Section 80 of the Act is amended by adding the following subsection:

Produce records

(2) The employer shall produce the records referred to in subsection (1) when the Board or any of its officers requires the employer to do so.

(3) Subsection 149 (6) of the Act is repealed.

(4) Subsection 152 (1) of the Act and subsection 152 (1.1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 26, Schedule I, section 1, are repealed and the following substituted:

Offence, statements and records

(1) An employer who fails to comply with subsection 78 (1), (2) or (3) or 80 (1) is guilty of an offence.

Same

(1.1) An employer who fails to comply with a requirement of the Board under subsection 78 (4) or 80 (2) is guilty of an offence.

(5) The Act is amended by adding the following section:

Restriction on prosecution

157.1 (1) A prosecution for an offence under this Act shall not be commenced more than two years after the day on which the most recent act or omission upon which the prosecution is based comes to the knowledge of the Board.

Exception

(2) Despite subsection (1), there is no limitation period for prosecuting an offence under section 149.

Commencement

5. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

Same

(2) Section 1 and subsections 3 (2) and (6) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE J
AMENDMENTS PROPOSED BY THE
MINISTRY OF MUNICIPAL AFFAIRS
AND HOUSING

1. Clause 48 (5) (a) of the London-Middlesex Act, 1992 is repealed.

2. (1) Subsection 47 (4) of the Planning Act is repealed and the following substituted:

Deemed by-law of municipality

(4) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in a municipality, the council of which has the powers conferred by section 34, shall be deemed for all purposes, except the purposes of section 24, to be and to always have been a by-law passed by the council of the municipality in which the land is situate.

(2) Subsection 47 (19) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 27, is repealed and the following substituted:

Deemed by-law

(19) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in the planning area of a planning board shall be deemed to be and to always have been a by-law passed under section 34 by the planning board in which the land is situate.

(3) Section 51.2 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 31, is amended by adding the following subsection:

Delegation

(2.1) Despite subsections 74 (2) and 74.1 (1), a regional, county or district council or the council of the County of Oxford may delegate the authority to approve plans of subdivision under subsection (2) with respect to applications made before March 28, 1995.

3. Subsection 34 (13) of the Regional Municipalities Act, as re-enacted by the Statutes of Ontario, 2000, chapter 5, section 21, is amended by inserting "Niagara, Peel, Waterloo" after "Halton".

4. (1) Section 45 of the Tenant Protection Act, 1997 is repealed and the following substituted:

Compensation, unit not vacated

45. (1) A landlord is entitled to compensation for the use and occupation of a rental unit by a person who is,

(a) an unauthorized occupant of the unit; or

(b) a tenant who does not vacate the unit after his or her tenancy is terminated by order, notice or agreement.

Effect of payment

(2) Unless a landlord and tenant agree otherwise, the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy,

(a) by giving the tenant a notice of rent increase; or

(b) by accepting arrears of rent or compensation for the use or occupation of a rental unit after,

(i) the landlord or the tenant gives a notice of termination of the tenancy,

(ii) the landlord and the tenant enter into an agreement to terminate the tenancy, or

(iii) the Tribunal makes an eviction order or an order terminating the tenancy.

(2) Subsection 72 (4) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 26, Schedule K, section 6, is repealed and the following substituted:

Order void

(4) An eviction order referred to in subsection (3) is void if the tenant pays to the landlord or to the Tribunal, before the order becomes enforceable,

(a) the rent that is in arrears under the tenancy agreement;

(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given;

(c) the amount of NSF cheque charges charged by financial institutions to the landlord in respect of cheques tendered to the landlord by or on behalf of the tenant, as allowed by the Tribunal in an application by the landlord under section 86;

(d) the amount of administration charges payable by the tenant for the NSF cheques, as allowed by the Tribunal in an application by the landlord under section 86; and

(e) the costs ordered by the Tribunal.

(3) Section 77 of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule K, section 6, is further amended by adding the following subsections:

Arrears of rent

(1.1) In an application under subsection (1), the landlord may also request that the Tribunal order the payment of arrears of rent and the amount of any compensation payable under section 45, if the following conditions are satisfied:

1. The landlord previously applied for an order for the payment of arrears of rent.

2. The previous application was made at the same time as the application described in clause (1) (a).

3. The order or the settlement mediated under section 181 on the previous application requires the tenant to pay rent or some or all of the arrears of rent.

. . . . .

Affidavit

(2.1) If the landlord requests an order under subsection (1.1), the affidavit included with the application under subsection (1) must also provide the following information:

1. The amount of rent payable to the landlord under the order or the terms of the settlement that is in arrears.

2. The amount and date of each payment made under the order or the terms of the settlement and what the payment was for.

3. The amount of any additional arrears of rent arising after the date of the order or the settlement.

4. The amount of NSF cheque charges, if any, claimed by the landlord that were charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant, to the extent the landlord has not been reimbursed for the charges.

5. The amount of any rent deposit, the date it was given and the last period for which interest was paid on the rent deposit.

(4) Subsection 77 (4) of the Act is repealed and the following substituted:

Order terminating tenancy

(4) If the Tribunal finds that the landlord is entitled to an order under subsection (1), the Tribunal may make an order terminating the tenancy and evicting the tenant.

Order for arrears

(4.1) In an order made under subsection (4), the Tribunal may order the payment of the following amounts if the Tribunal finds that the landlord is entitled to an order under subsection (1.1):

1. The amount of arrears of rent that arose after the date of the order or settlement referred to in clause (1) (b).

2. If no order was made on the previous application referred to in clause (1) (a), the amount of arrears of rent payable under the terms of the settlement mediated under section 181 that has not been paid.

3. The amount of any compensation payable under section 45.

4. Such amount as the Tribunal may allow in respect of NSF cheque charges claimed by the landlord that were charged by financial institutions in respect of cheques tendered by or on behalf of the tenant and for which the landlord has not been reimbursed.

5. Such amount as the Tribunal may allow in respect of NSF administration charges claimed by the landlord in respect of NSF cheques tendered by or on behalf of the tenant, not exceeding the amount per cheque that is prescribed as a specified amount exempt from the operation of section 140.

Credit for rent deposit

(4.2) In determining the amount payable by the tenant to the landlord, the Tribunal shall ensure that the tenant is credited with the amount of any rent deposit and interest on the deposit that would be owing to the tenant on the termination of the tenancy.

Motion to set aside order

(4.3) Subsections 76 (6) and (7) apply with necessary modifications to an order made under this section.

(5) Section 86 of the Act is amended by adding the following subsections:

Compensation, unauthorized occupant

(2.1) A landlord who makes an application under section 81 may also apply to the Tribunal for an order for the payment of compensation by the unauthorized occupant for the use and occupation of the rental unit, if the unauthorized occupant is in possession of the rental unit at the time the application is made.

. . . . .

NSF cheque charges

(4) On an application by a landlord under this section, the Tribunal may include the following amounts in determining the total amount owing to a landlord by a tenant or by an unauthorized occupant in respect of a rental unit:

1. The amount of NSF cheque charges claimed by the landlord and charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant or occupant, to the extent the landlord has not been reimbursed for the charges.

2. The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the landlord, that do not exceed the amount per cheque that is prescribed as a specified payment exempt from the operation of section 140.

(6) The Act is amended by adding the following section:

Rent deposit, prospective tenant

118.1 (1) A landlord shall repay the amount received as a rent deposit in respect of a rental unit if vacant possession of the rental unit is not given to the prospective tenant.

Exception

(2) Despite subsection (1), if the prospective tenant, before he or she would otherwise obtain vacant possession of the rental unit, agrees to rent a different rental unit from the landlord,

(a) the landlord may apply the amount received as a rent deposit in respect of the other rental unit; and

(b) the landlord shall repay only the excess, if any, by which the amount received exceeds the amount of the rent deposit the landlord is entitled to receive under section 118 in respect of the other rental unit.

(7) Subsection 184 (2) of the Act is amended by striking out "Subsections 5.1 (2) and (3) of the Statutory Powers Procedure Act do not apply" at the beginning and substituting "Subsection 5.1 (2) of the Statutory Powers Procedure Act does not apply".

(8) Section 184 of the Act is amended by adding the following subsection:

Exception

(3) Subsection 5.1 (3) of the Statutory Powers Procedure Act does not apply to an application under section 137, 138 or 143.

(9) The English version of subsection 185 (1) of the Act is amended by striking out "Statutory Powers Procedures Act" and substituting "Statutory Powers Procedure Act".

(10) The Act is amended by adding the following section:

Application severed

185.1 The Tribunal may order that an application be severed and each severed part dealt with as though it were a separate application under this Act if,

(a) two or more applications are combined under section 173 in the application;

(b) the application is made by more than one tenant under subsection 173 (2); or

(11) Subsection 206 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule K, section 6, is further amended by adding the following paragraphs:

4.1 Fail to make an evicted tenant's property available for retrieval in accordance with subsection 42 (3).

. . . . .

12.1 Fail to repay an amount received as a rent deposit as required by subsection 118.1 (1) or (2).

(12) Section 206 of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule K, section 6, is amended by adding the following subsection:

Exception

(3.1) For the purposes of subsection (3), the carrying out of repairs, maintenance and capital improvements does not constitute harassment or interference with a tenant's reasonable enjoyment of a rental unit or the residential complex in which it is located unless it is reasonable to believe,

(a) that the date or time when the work is done or the manner in which it is carried out is intended to harass the tenant or interfere with the tenant's reasonable enjoyment; or

(b) that the repairs, maintenance or capital improvements were carried out without reasonable regard for the tenant's right to reasonable enjoyment.

(13) Subsection 208 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule K, section 6, is further amended by adding the following paragraph:

7.1 prescribing for the purposes of section 26, paragraph 6 of subsection 32 (1) and subsection 35 (1),

i. standards and criteria to be applied by the Tribunal in determining if a landlord, superintendent or agent of a landlord has substantially interfered with the reasonable enjoyment of a rental unit or residential complex in carrying out maintenance, repairs or capital improvements to the unit or complex, and

ii. criteria to be applied by the Tribunal in determining whether to order an abatement of rent under subsection 35 (1) when a landlord, superintendent or agent of a landlord is found to have substantially interfered with the reasonable enjoyment of a rental unit or residential complex in carrying out maintenance, repairs or capital improvements to the unit or complex and rules for calculating the amount of the abatement;

Commencement

5. (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

Same

(2) Subsections 4 (1) and (3) to (13) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(3) Subsection 4 (2) comes into force on the later of,

(a) the day subsection 4 (5) comes into force; and

(b) the day subsection 6 (17) of Schedule K to the Red Tape Reduction Act, 2000 comes into force.

SCHEDULE K
AMENDMENTS PROPOSED BY THE MINISTRY OF NATURAL RESOURCES

Conservation Authorities Act

1. (1) Paragraph 1 of subsection 2 (2) of the Conservation Authorities Act is repealed and the following substituted:

1. Where the population is 1,000,000 or more, seven representatives.

1.1 Where the population is 500,000 or more but less than 1,000,000, six representatives.

1.2 Where the population is 250,000 or more but less than 500,000, five representatives.

(2) Subsection 5 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed.

(3) Subsection 5 (4) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 26, Schedule, is amended by striking out "Despite section 14" at the beginning and substituting "Despite subsections 14 (1), (2) and (5) but subject to subsection 14 (2.1)".

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

(5) Subsections 7 (2) and (3) of the Act are repealed and the following substituted:

Designation of participating municipalities

(2) The Lieutenant Governor in Council may designate the municipalities that are the participating municipalities of the Grand River Conservation Authority and the area over which it has jurisdiction.

(6) Subsection 14 (2) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 6, is repealed and the following substituted:

Changes in membership

(2) The total number of members of the authority and the number of members that each participating municipality may appoint shall be adjusted as required to ensure compliance with subsection (1) if the municipalities that are participating municipalities change or the population of a participating municipality changes.

Agreement on number of members

(2.1) Despite subsections (1), (2) and (5), the total number of members of the authority and the number of members that each participating municipality may appoint may be determined by an agreement that is confirmed by resolutions passed by the councils of all of the participating municipalities.

Crown Forest Sustainability
Act, 1994

2. (1) The definition of "Crown forest" in section 3 of the Crown Forest Sustainability Act, 1994 is amended by striking out "and under the management of the Minister" at the end.

(2) Subsection 34 (3) of the Act is repealed and the following substituted:

Approval of L.G. in C.

(3) An amendment to a licence under section 26 may be made only with the approval of the Lieutenant Governor in Council, unless the licensee has agreed in writing to the amendment.

(3) Subsection 56 (3) of the Act is amended by striking out "Ontario Court (General Division) and substituting "Superior Court of Justice".

(4) Subsection 60 (6) of the Act is amended by striking out "Ontario Court (General Division) and substituting "Superior Court of Justice".

Lakes and Rivers
Improvement Act

3. (1) Clause 3 (1) (f) of the Lakes and Rivers Improvement Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 24, is repealed.

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

Minister's regulations re dams

(2) The Minister may make regulations governing the design, construction, operation, maintenance and safety of dams in any lake or river or any defined portion of a lake or river.

General or particular

(3) A regulation under subsection (1) or (2) may be general or particular in its application.

Adoption by reference

(4) A regulation under subsection (1) or (2) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council or Minister considers necessary, any code or guideline, as it reads at the time the regulation is made or as amended from time to time.

(3) Subsection 5 (2) of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(4) Subsection 11 (5) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 28, is amended by striking out "Subsections (3) and (4)" at the beginning and substituting "Subsections (1), (3) and (4)".

(5) The English version of subsection 17 (2) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 32 and amended by 2000, chapter 26, Schedule L, section 5, is further amended by striking out "on the basis on the report" and substituting "on the basis of the report".

(6) Section 28 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 35 and amended by 2000, chapter 26, Schedule L, section 5, is further amended by adding the following subsection:

Limitation period

(5) A proceeding in respect of an offence under this Act shall not be commenced more than five years after the date on which the offence was or is alleged to have been committed.

Oil, Gas and Salt
Resources Act

4. (1) Clause (a) of the definition of "operator" in subsection 1 (1) of the Oil, Gas and Salt Resources Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 5, is amended by striking out "assignee or owner" and substituting "assignee, owner or holder of a licence or permit".

(2) Section 13 of the Act, as amended by the Statutes of Ontario, 1996, chapter 30, section 66 and 1998, chapter 15, Schedule E, section 24, is repealed and the following substituted:

Grant of licence, etc.

13. (1) Subject to section 40 of the Ontario Energy Board Act, 1998, the Minister may, in his or her discretion, with or without an examination of the applicant, grant a licence or permit, and the Minister may, in so doing, impose such terms and conditions, whether of a pecuniary nature or otherwise, and such duties and liabilities as the Minister in his or her discretion considers proper, but before granting a licence or permit the Minister may, and if requested by the applicant shall,

(a) refer the matter to the Commissioner, in which case the Commissioner shall hold a hearing before reporting to the Minister; or

(b) if the Minister is of the opinion that the matter may affect operations within an area designated as a gas storage area under the Ontario Energy Board Act, 1998, refer the matter to the Board, in which case the Board may hold a hearing, but is not required to do so, before reporting to the Minister.

Changes to terms and conditions

(2) The Minister may amend, suspend or revoke any term, condition, duty or liability imposed on a licence or permit under this section or may impose an additional term, condition, duty or liability, but before doing so the Minister may, and if requested by the holder of the licence or permit shall,

(a) refer the matter to the Commissioner, in which case the Commissioner shall hold a hearing before reporting to the Minister; or

(3) Sections 14 and 15 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 30, section 67, are repealed and the following substituted:

Refusal, suspension or cancellation of licence

14. If a person's act or failure to act is an offence under section 19, the Minister may refuse to grant a licence or permit or may suspend or cancel a licence or permit, but before doing so the Minister may, and if requested by the holder of the licence or permit shall,

(a) refer the matter to the Commissioner, in which case the Commissioner shall hold a hearing before reporting to the Minister; or

Copy of report

15. If the Commissioner or Board submits a report to the Minister pursuant to section 13 or 14, the Commissioner or Board shall send a copy of the report to each of the parties within 10 days after the report is submitted to the Minister.

Public Lands Act

5. (1) Subsection 18 (2) of the Public Lands Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(2) Subsection 24 (2) of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(3) Subsection 58 (6) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 55, is repealed and the following substituted:

Acquisition or release of trees

(6) If public lands have been disposed of by the Crown under this or any other Act and some or all of the species of trees on the lands have been reserved to the Crown and are not under timber licence, the Minister may acquire any species of trees not so reserved or release any species of trees so reserved at such price and on such terms and conditions as the Minister considers proper.

Commencement

6. This Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

SCHEDULE L
AMENDMENTS PROPOSED BY THE
MINISTRY OF NORTHERN DEVELOPMENT
AND MINES

1. (1) The definition of "owner" in subsection 1 (1) of the Mining Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 1, is repealed and the following substituted:

"owner", when used in Parts VII, IX and XI, includes,

(a) every current owner, lessee or occupier of all or part of a mine, mine hazard or mining lands,

(b) an agent of the current owner, lessee or occupier, or a person designated by the owner, lessee, occupier or agent as being responsible for the control, management and direction of all or part of a mine, mine hazard or mining lands, and

(c) subject to subsections (4) to (13), a secured lender who enters into possession of all or part of a mine, mine hazard or mining lands pursuant to the security it holds with respect to the mine, mine hazard or mining lands; ("propriétaire")

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 1, 1997, chapter 40, section 1 and 1999, chapter 12, Schedule O, section 1, is further amended by adding the following subsections:

Interpretation of "owner"

(3) A person who receives only a royalty from all or part of a mine, mine hazard or mining lands is not an owner within the meaning of the definition of "owner" in subsection (1).

Where secured lender not an "owner"

(4) A secured lender described in clause (c) of the definition of "owner" in subsection (1) is not an owner if the lender satisfies the Director of Mine Rehabilitation that the lender is in a family or other non-arm's length relationship with the current owner, lessee or occupier.

Same

(5) A secured lender described in clause (c) of the definition of "owner" in subsection (1) is not an owner if the lender has entered into possession for the purpose of,

(a) conducting, completing or confirming an investigation of the environmental condition of all or part of the mine, mine hazard or mining lands or of the rehabilitative measures that would be required upon their closure;

(b) preserving or protecting the value of all or part of the mine, mine hazard or mining lands on an ongoing basis, including taking steps for,

(i) maintaining public utility services, heat, maintenance services, security and insurance,

(ii) paying taxes or collecting rents,

(iii) dealing with an immediate danger to public health or safety from a contaminant, pollutant or other hazardous substance or with a threat of such danger, or

(iv) preventing flooding; or

(c) repossessing or realizing upon any machinery or personal property with respect to which the lender is a lessor or over which the lender holds security if the Director of Mine Rehabilitation has given prior written approval and subject to any terms and conditions of such approval.

Exception

(6) A secured lender who enters into possession under clause (5) (a) or (b) is nonetheless an owner if the lender creates, materially disturbs or adversely affects a mine hazard.

Same, failure to carry out purpose properly

(7) A secured lender who enters into possession under clause (5) (b) is an owner despite that clause if, in the opinion of the Director of Mine Rehabilitation, the lender fails to properly preserve and protect the value of the mine, mine hazard or mining lands on an ongoing basis, unless, at the request of the lender made with at least six months notice, the Director relieves the lender of that responsibility in writing.

Liability of secured lender

(8) A secured lender who has not been relieved of the responsibility referred to in subsection (7) is liable for damages caused by a failure to properly preserve and protect the value of the mine, mine hazard or mining lands on an ongoing basis.

Notice

(9) Before giving an approval under clause (5) (c), the Director shall give at least 15 days notice to the current owner, lessee, occupier or other person known to have an interest in all or part of the mine, mine hazard or mining lands.

Condition of approval

(10) The Director of Mine Rehabilitation may, as a condition of an approval under clause (5) (c), require that any machinery or personal property repossessed or realized upon be sold or otherwise disposed of by the lender and that all or part of the proceeds be directed to the preservation or protection of the values of all or part of the mine, mine hazard or mining lands.

Refusal by Director

(11) The Director of Mine Rehabilitation may refuse to give an approval under clause (5) (c) if not satisfied that repossessing or realizing upon the machinery or personal property will not adversely affect the proper preservation and protection of the value of all or part of the mine, mine hazard or mining lands.

Appeal to the Commissioner

(12) The secured lender or other interested party may appeal to the Commissioner,

(a) an approval given by the Director under clause (5) (c) or a refusal to give an approval under that clause; or

(b) any terms or conditions that the Director imposes on an approval given under clause (5) (c).

Same

(13) Section 152 applies with necessary modifications to an appeal under subsection (12).

2. Subsections 60 (2) and (3) of the Act are repealed and the following substituted:

Corporations

(2) An instrument mentioned in subsection (1) that is executed by a corporation shall not be recorded unless an authorized person has signed the instrument and,

(a) the corporation's seal is affixed to the instrument; or

(b) the instrument contains a statement by the person that he or she has authority to bind the corporation.

3. Subsection 70 (9) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 19, is further amended by striking out "affidavit required under subsection (5)" at the end and substituting "notice under subsection (5.1)."

4. Subsection 95 (2) of the Act is amended by adding "unless the Minister orders otherwise" at the end.

5. Subsection 149.1 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 26, is repealed and the following substituted:

Surrender by agreement

(1) The Minister may accept a surrender of mining lands from a proponent on the conditions specified by the Minister if,

(a) the project relating to the mining lands is closed out; or

(b) the project relating to the mining lands is not closed out only because it is subject to long-term maintenance and monitoring by the proponent.

6. Section 184 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1996, chapter 1, Schedule O, section 35, is further amended by adding the following subsections:

Power of Minister to sell Crown interest

(4) If a co-owner's partial interest in mining lands or mining rights is forfeited to the Crown under subsection (1), any other co-owner of that interest may apply to the Minister for a transfer or conveyance of the forfeited interest to the co-owner, and the Minister may transfer or convey the interest if the co-owner pays the fair market value of the interest or the price per hectare established by the Ministry.

Same

(5) In addition to a co-owner, any other party having a partial interest in the mining lands or mining rights may apply to the Minister under subsection (4) if all co-owners have waived their right to apply, and the Minister may transfer or convey the interest if the party pays the fair market value of the interest or the price per hectare established by the Ministry.

Commencement

7. This Schedule comes into force 20 days after the day the Government Efficiency Act, 2001 receives Royal Assent.

Sched./annexe M efficience du gouvernement Projet 57 91

Solicitor General Solliciteur général

______________________

SCHEDULE M
AMENDMENTS PROPOSED BY THE
MINISTRY OF THE SOLICITOR GENERAL

1. Subsection 16 (4) of the Ontario Society for the Prevention of Cruelty to Animals Act is repealed and the following substituted:

Composition of Board
for hearings

(4) A proceeding before the Board shall be heard and determined by a panel consisting of one or more members of the Board, as assigned by the chair or vice-chair of the Board.

Commencement

2. This Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

SCHEDULE N
REPEAL PROPOSED BY THE
MINISTRY OF TRAINING, COLLEGES
AND UNIVERSITIES

Ontario Youth Employment Act

1. The Ontario Youth Employment Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 51, is repealed.

Commencement

2. This Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

SCHEDULE O
AMENDMENTS PROPOSED BY THE
MINISTRY OF TRANSPORTATION

Highway Traffic Act

1. Section 1 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 138 and 1999, chapter 12, Schedule G, section 24, is further amended by adding the following subsection:

Pardons

(6) This Act and the regulations apply to a person who has been granted a pardon under the Criminal Records Act (Canada) in the same manner as if the person had not been granted the pardon.

2. Clause 41 (1) (b) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 12, section 1, is amended by striking out "under section 249, 252, 253 or 255 of the Criminal Code (Canada)" and substituting "under section 249, 249.1, 252, 253 or 255 of the Criminal Code (Canada)".

3. Clause 46 (1) (e) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 2, is repealed and the following substituted:

(e) that was committed with a motor vehicle under section 249, 249.1, 252, 253, 254 or 259 of the Criminal Code (Canada).

4. Subsection 47 (9) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 33, section 7, is amended by striking out "For the purposes of this section" at the beginning and substituting "For the purposes of this section and section 47.1".

5. (1) Section 47.1 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 33, section 8, is amended by adding the following subsection:

Notice of safety record concerns

(1.1) The Registrar may also notify an operator at any time if the Registrar has reason to believe that the operator may not operate a commercial motor vehicle safely or in accordance with this Act, the regulations or other laws relating to highway safety.

(2) Subsection 47.1 (2) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 33, section 8, is amended by striking out "Notice under subsection (1) is sufficiently given" at the beginning and substituting "Notice under subsection (1) or (1.1), or withdrawal of such a notice, is sufficiently given".

(3) Subsections 47.1 (4), (5) and (6) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 33, section 8, are repealed and the following substituted:

Restrictions on vehicle transfers

(4) If a notice under subsection (1) or (1.1) is issued to an operator, no person shall, without the consent of the Registrar, transfer or lease any commercial motor vehicle or trailer for which the operator's name is on the vehicle or plate portion of the permit or do anything that will result in a change of name on the vehicle or plate portion of the permit for any such vehicle or trailer.

Duration of restrictions

(4.1) Subsection (4) is effective in respect of a notice under subsection (1) from the earlier of the date the notice is actually received by the operator and the date the notice is deemed by subsection (3) to have been received by the operator,

(a) in the case of a proposed suspension or fleet limitation, until the end of the suspension or fleet limitation;

(b) in the case of a proposed cancellation, forever.

Same

(4.2) Despite subsection (4.1), subsection (4) ceases to apply in respect of a notice under subsection (1),

(a) if the Registrar withdraws the proposal to suspend or cancel the plate portion of the permit or the CVOR certificate or to impose a fleet limitation; or

(b) if the suspension, cancellation or limitation is set aside on appeal.

Same

(5) Subsection (4) is effective in respect of a notice under subsection (1.1) from the earlier of the date the notice is actually received by the operator and the date the notice is deemed by subsection (3) to have been received by the operator,

(a) if a notice under subsection (1) is issued to the operator on or before the first anniversary of the date the notice under subsection (1.1) was issued, until the earlier of the date the notice under subsection (1) is actually received by the operator and the date the notice under subsection (1) is deemed by subsection (3) to have been received by the operator;

(b) if a notice under subsection (1) is not issued to the operator on or before the first anniversary of the date the notice under subsection (1.1) was issued, until the earlier of the date the Registrar withdraws the notice under subsection (1.1) or the first anniversary of the date the notice under subsection (1.1) was issued.

Registrar not to withhold consent without reason

(6) The Registrar shall not withhold consent under subsection (4) if the operator satisfies him or her that the transfer, lease or other action is not being made for the purpose of avoiding an action under clause 47 (1) (a) or (c) or subsection 47 (2).

6. (1) Subsection 50 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 9 and 1999, chapter 12, Schedule G, section 24, is repealed and the following substituted:

Appeal

(1) Every person aggrieved by a decision of the Minister under subclause 32 (12) (b) (i) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal.

(2) Subsection 50 (3) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 24, is repealed and the following substituted:

Appeal to judge

(3) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Minister under subclause 32 (12) (b) (i) or a decision of the Registrar under clause 47 (1) (b) may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Superior Court of Justice.

Appeal to Divisional Court

(3.1) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Registrar under section 17 or 47, other than a decision under clause 47 (1) (b), may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to the Divisional Court.

Decision not stayed

(3.2) Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (3.1) does not stay the decision of the Tribunal being appealed, unless the Divisional Court orders a stay.

Commencement

7. This Schedule comes into force on the day the Government Efficiency Act, 2001 receives Royal Assent.

[37] Bill 57 As Amended by Standing Committee (PDF)

Bill 57 2001

An Act to promote
government efficiency
and to improve services
to taxpayers by amending
or repealing certain Acts

CONTENTS

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

Schedule G

Schedule H

Schedule I

Schedule J

Schedule K

Schedule L

Schedule M

Schedule N

Schedule O

Enactment of Schedules

Commencement

Short title

Amendments proposed by the Ministry of Agriculture, Food and Rural Affairs

Amendments proposed by the Ministry of the Attorney General

Amendments proposed by the Ministry of Community and Social Services

Amendments proposed by the Ministry of Consumer and Business Services

Amendments proposed by the Ministry of Education

Amendments proposed by the Ministry of Energy, Science and Technology

Amendments proposed by the Ministry of the Environment

Repeals proposed by the Ministry of Finance

Amendments proposed by the Ministry of Labour

Amendments proposed by the Ministry of Municipal Affairs and Housing

Amendments proposed by the Ministry of Natural Resources

Amendments proposed by the Ministry of Northern Development and Mines

Amendments proposed by the Ministry of the Solicitor General

Repeal proposed by the Ministry of Training, Colleges and Universities

Amendments proposed by the Ministry of Transportation