[39] Bill 110 Royal Assent (PDF)
Bill 110 2011
An Act to promote good government by amending or repealing certain Acts
Note: This Act amends or repeals more than one Act. For the legislative history of a consolidated public Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca. For the legislative history of an unconsolidated public Act, see the Table of Unconsolidated and Unrepealed Public Statutes.
This Act revokes one or more regulations. For the legislative history of a consolidated regulation, see the Table of Consolidated Regulations - Detailed Legislative History at www.e-Laws.gov.on.ca.
CONTENTS
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1. 2. 3. |
Contents of Act Commencement Short title |
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Schedule 1 |
Ministry of the Attorney General |
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Schedule 2 |
Ministry of Consumer Services |
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Schedule 3 |
Ministry of Education |
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Schedule 4 |
Ministry of Energy |
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Schedule 5 |
Ministry of Government Services |
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Schedule 6 |
Ministry of Health and Long-Term Care |
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Schedule 7 |
Ministry of Labour |
______________________
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Contents of Act
1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.
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 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 Good Government Act, 2011.
Schedule 1
Ministry of the Attorney General
Alcohol and Gaming Regulation and Public Protection Act, 1996
1. (1) Section 1 of the Alcohol and Gaming Regulation and Public Protection Act, 1996 is amended by adding the following definition:
"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed by the regulations made under this Part. ("Tribunal")
(2) Section 4 of the Act is amended by striking out "and the Acts referred to in section 3" at the end and substituting "or the administration of the Acts referred to in section 3".
(3) Sections 10, 11 and 12 of the Act are repealed.
(4) Section 14 of the Act is amended by striking out "the Acts referred to in section 3 and" and substituting "the administration of the Acts referred to in section 3 or".
(5) Subsection 14.1 (1) of the Act is amended by adding "made under this Part" at the end.
(6) Paragraph 2 of subsection 14.1 (4) of the Act is amended by adding "made under this Part" at the end.
(7) Subsections 14.1 (5), (6) and (7) of the Act are repealed and the following substituted:
Appeal
(5) A person on whom a monetary penalty is imposed may appeal to the Tribunal by serving a written request on the Tribunal and the Registrar within 15 days after the Registrar serves notice of the monetary penalty.
Procedure on appeal
(6) If a person appeals in accordance with subsection (5), a hearing shall be held in accordance with the Licence Appeal Tribunal Act, 1999.
Power of Tribunal on hearing
(7) Upon holding the hearing, the Tribunal may confirm the monetary penalty or set it aside.
Decision final
(8) A decision of the Tribunal under subsection (7) is final and not subject to appeal to the Divisional Court.
(8) Section 15 of the Act is amended by striking out "and the Acts referred to in section 3" and substituting "or related to the administration of the Acts referred to in section 3".
(9) Subsection 17 (1) of the Act is amended by adding the following definition:
"regulations" means the regulations made under this Part, unless the context requires otherwise; ("règlements")
Evidence Act
2. Subsection 5 (3) of the Evidence Act is amended by striking out "Lieutenant Governor in Council" in the portion before clause (a) and substituting "Attorney General".
Gaming Control Act, 1992
3. (1) Subsection 1 (1) of the Gaming Control Act, 1992 is amended by adding the following definition:
"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed by the regulations. ("Tribunal")
(2) Subsection 3.6 (1) of the Act is amended by striking out "the Board" and substituting "the Registrar".
(3) Subsections 3.6 (2) and (3) of the Act are repealed and the following substituted:
Non-application of SPPA
(2) The Statutory Powers Procedure Act does not apply to the exercise of the Registrar's power to issue a direction.
No appeal
(3) A direction of the Registrar is final and not subject to appeal.
(4) Subsection 3.6 (5) of the Act is amended by striking out "the Board" and substituting "the Registrar".
(5) The following provisions of the Act are amended by striking out "the Board" wherever that expression appears and substituting in each case "the Tribunal":
1. Subsection 7 (1).
2. Subsection 13 (2).
3. Subsection 13 (3).
4. Subsection 13 (5).
(6) Subsection 13 (6) of the Act is repealed.
(7) Subsection 13 (8) of the Act is amended by striking out "the Board" and substituting "the Tribunal" in the portion before clause (a).
(8) Clause 13 (8) (b) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(9) The following provisions of the Act are amended by striking out "the Board" wherever that expression appears and substituting in each case "the Tribunal":
1. Subsection 13 (9).
2. Subsection 13 (10).
(10) Section 13 of the Act is amended by adding the following subsections:
Transition
(11) If a person has requested a hearing under this section, as it read before the day section 3 of Schedule 1 to the Good Government Act, 2011 comes into force, but the hearing has not commenced by that day, the Tribunal shall hold the hearing.
Same
(12) If a hearing before the Board under this section has not concluded by the day section 3 of Schedule 1 to the Good Government Act, 2011 comes into force, then despite subsection (5), the Board shall continue to hold the hearing.
(11) The following provisions of the Act are amended by striking out "the Board" wherever that expression appears and substituting in each case "the Tribunal":
1. Subsection 14 (4).
2. Subsection 14 (5).
3. Clause 15 (c).
(12) The following provisions of the Act are amended by striking out "the Board" wherever that expression appears and substituting in each case "the Registrar":
1. Subsection 17 (3).
2. Subsection 17 (4).
(13) The following provisions of the Act are amended by striking out "the Board" wherever that expression appears and substituting in each case "the Tribunal":
1. Subsection 39 (3).
2. Subsection 39 (4).
3. Subsection 40 (3).
4. Subsection 40 (4).
5. Subsection 40 (5).
6. Subsection 41 (1).
7. Subsection 41 (4) in the portion before clause (a).
(14) Clause 41 (4) (b) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(15) The following provisions of the Act are amended by striking out "the Board" wherever that expression appears and substituting in each case "the Tribunal":
1. Subsection 41 (5).
2. Subsection 41 (6).
(16) Section 41 of the Act is amended by adding the following subsections:
Transition
(7) If a person has requested a hearing under section 39 or 40, as it read before the day section 3 of Schedule 1 to the Good Government Act, 2011 comes into force, but the hearing has not commenced by that day, the Tribunal shall hold the hearing.
Same
(8) If a hearing before the Board under this section has not concluded by the day section 3 of Schedule 1 to the Good Government Act, 2011 comes into force, then despite subsection (1), the Board shall continue to hold the hearing.
Justices of the Peace Act
4. (1) Paragraphs 3, 4 and 5 of subsection 2.1 (12) of the Justices of the Peace Act are repealed and the following substituted:
3. On the request of the Attorney General, it shall advertise for applications for vacant justice of the peace positions.
4. It shall review and evaluate all applications received in response to an advertisement and may interview any of the candidates.
(2) Section 2.1 of the Act is amended by adding the following subsection:
Transition
(12.1) In reviewing and evaluating applications for an advertised vacancy, the Advisory Committee shall also consider every application for justice of the peace positions received by the Committee before the day on which subsection 4 (2) of Schedule 1 to the Good Government Act, 2011 comes into force that meets the requirements of the vacancy, if the candidate has not yet been classified and the application has not been withdrawn.
(3) Subsections 2.1 (24) and (25) of the Act are repealed.
Licence Appeal Tribunal Act, 1999
5. (1) The Licence Appeal Tribunal Act, 1999 is amended by adding the following section:
Hearings re liquor and gaming
5.1 (1) This section applies to hearings held by the Tribunal under section 14.1 of the Alcohol and Gaming Regulation and Public Protection Act, 1996 or under the Gaming Control Act, 1992, the Liquor Licence Act or the Vintners Quality Alliance Act, 1999.
Parties
(2) The Registrar of Alcohol and Gaming, the person who required the hearing and the other persons that the Tribunal specifies are parties to the hearing.
Notice
(3) The Tribunal shall give notice of the hearing to the parties in the manner it considers appropriate.
Jurisdiction
(4) The Tribunal has jurisdiction to determine all questions of fact or law that arise in matters before it.
Stay
(5) An order of the Tribunal takes effect immediately unless the order provides otherwise but if section 11 allows for an appeal to the Divisional Court and such an appeal is made, that court may grant a stay of the order until the appeal has been disposed of.
(2) Clause 6 (1) (b) of the Act is amended by striking out "because of illness or other reason" and substituting "for any reason".
(3) Section 11 of the Act is amended by adding "Subject to subsections (2) to (5)" at the beginning.
(4) Section 11 of the Act is amended by adding the following:
Gaming Control Act, 1992
Liquor Licence Act
Vintners Quality Alliance Act, 1999
(5) Section 11 of the Act is amended by adding the following subsections:
Appeals re liquor and gaming
(2) Subsections (3) to (5) apply to appeals under the Gaming Control Act, 1992, the Liquor Licence Act or the Vintners Quality Alliance Act, 1999.
Question of law only
(3) An appeal may be made on a question of law only.
Registrar a party
(4) The Registrar of Alcohol and Gaming is a party to the appeal.
Right to be heard
(5) The Minister responsible for the Act under which the appeal is made is entitled to be heard, by counsel or otherwise, upon the argument of the appeal.
(6) Subsection 12 (1) of the Act is repealed and the following substituted:
Regulations
(1) The Lieutenant Governor in Council may make regulations,
(a) prescribing rules of practice and procedure for proceedings before the Tribunal with respect to appeals to the Tribunal under the Highway Traffic Act;
(b) governing transitional matters relating to hearings of an appeal under subsection 14.1 (5) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 as a result of the coming into force of section 1 of Schedule 1 to the Good Government Act, 2011;
(c) governing transitional matters relating to hearings of matters under the Gaming Control Act, 1992 as a result of the coming into force of section 3 of Schedule 1 to the Good Government Act, 2011;
(d) governing transitional matters relating to hearings of matters under the Liquor Licence Act as a result of the coming into force of section 6 of Schedule 1 to the Good Government Act, 2011.
Liquor Licence Act
6. (1) Subsection 1 (1) of the Liquor Licence Act is amended by adding the following definition:
"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed by the regulations. ("Tribunal")
(2) Subsection 8 (4) of the Act is amended by striking out "or" at the end of clause (b.1) and by striking out clause (c) and substituting the following:
(c) approve the application if the Registrar is of the opinion that the objections are frivolous or vexatious; or
(d) approve the application if the applicant is not otherwise disentitled under this Act.
(3) Subsection 8.1 (1) of the Act is amended by striking out "related to the risk to the public, public safety, the public interest" and substituting "related to public safety, the public interest, the risk to the public".
(4) Subsection 9 (2) of the Act is amended by striking out "A member of the Board" at the beginning and substituting "The Registrar".
(5) The following provisions of the Act are amended by striking out "member" wherever that expression appears and substituting in each case "Registrar":
1. Subsection 9 (3).
2. Subsection 9 (4).
3. Subsection 9 (5) in the portion before clause (a).
(6) Clause 9 (5) (b) of the Act is repealed and the following substituted:
(b) issue a notice of proposal to review the application or to refuse the application.
(7) Subsection 9 (6) of the Act is repealed and the following substituted:
Conditions on consent
(6) Upon approving an application under clause (5) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.
(8) Subsection 9 (7) of the Act is repealed.
(9) Subsection 12 (1) of the Act is repealed and the following substituted:
Issuance of licence
(1) The Registrar shall issue a licence to sell liquor, a licence to deliver liquor, a licence to represent a manufacturer or a licence to operate a ferment on premise facility to an applicant if,
(a) the applicant complies with this Act and the regulations and pays the required fee; and
(b) the Registrar approves the applicant's application or the Tribunal directs the Registrar to issue the licence.
(10) Subsection 12 (2) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(11) Subsection 12 (4) of the Act is repealed and the following substituted:
Exception
(4) If the Registrar is satisfied that there has been a significant change in the circumstances that pertained at the time the application was refused, the Registrar may permit a reapplication within the two-year period mentioned in subsection (3).
(12) Subsection 14 (2) of the Act is amended by striking out "A member of the Board" at the beginning and substituting "The Tribunal".
(13) Subsection 14 (3) of the Act is amended by striking out "the member" wherever that expression appears and substituting in each case "the Tribunal".
(14) Subsection 15 (7) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(15) Subsections 15 (8) and (9) of the Act are repealed and the following substituted:
Limit on further applications
(8) If the Tribunal directs the Registrar to revoke a licence to sell liquor for the ground under clause 6 (2) (h), the Registrar may propose, upon notice to the owner of the property at which the licensed premises is located, that no person may apply for a licence in respect of the same premises within the period of time after the date of the revocation that the Registrar specifies, up to a maximum of two years, if, in the Registrar's opinion, it is necessary to do so in the public interest.
(16) Subsection 15 (10) of the Act is amended by striking out "the Board" wherever that expression appears and substituting in each case "the Tribunal".
(17) Subsection 17 (6) of the Act is repealed and the following substituted:
Transfer
(6) The Registrar shall transfer a licence to an applicant if,
(a) the applicant complies with this Act and the regulations and pays the required fee; and
(b) the Registrar approves the applicant's application or the Tribunal directs the Registrar to transfer the licence.
(18) Subsection 17 (7) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(19) Subsection 19 (6) of the Act is repealed and the following substituted:
Issuance of permit
(6) The Registrar shall issue a permit to an applicant if,
(a) the applicant complies with this Act and the regulations and pays the required fee; and
(b) the Registrar or an authorized person approves the applicant's application or the Tribunal directs the Registrar to issue the permit.
(20) Subsection 19 (7) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(21) Subsections 19 (9) and (10) of the Act are repealed and the following substituted:
Removal of conditions
(9) The Registrar may, on the application of a permit holder, remove a condition of a permit, other than a prescribed condition or a condition imposed by the Tribunal.
Registrar's response
(10) Subject to subsection (10.1), if the Registrar, upon considering an application for removal of a condition, decides not to remove the condition, the Registrar shall issue a proposal to refuse to remove the condition.
(22) Subsection 20 (2) of the Act is repealed and the following substituted:
Interim disqualification of premises
(2) Upon issuing a proposal to disqualify premises, the Registrar may by order disqualify the premises before a hearing, if the Registrar considers it to be necessary in the public interest.
(23) Subsection 20 (3) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(24) Clauses 20.1 (2) (a) and (b) of the Act are repealed and the following substituted:
(a) the Registrar has refused an application for a licence to sell liquor on the premises on the ground described in clause 6 (2) (h) within the past two years or the Tribunal has directed the Registrar to so refuse within the past two years;
(b) both of the following conditions are met:
(i) the Registrar has revoked or suspended the licence to sell liquor on the premises or the Tribunal has directed the Registrar to so revoke or suspend the licence,
(ii) the revocation or suspension is still in effect; or
(25) Subsection 20.1 (3) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(26) Subsection 21 (1) of the Act is amended by adding the following paragraph:
9. Restrict further applications for a licence to sell liquor in respect of the same premises, as described in subsection 15 (8).
(27) Subsection 21 (4) of the Act is repealed and the following substituted:
Notice requiring hearing
(4) A notice of a proposal shall inform the applicant, licensee, permit holder or owner that the person is entitled to a hearing by the Tribunal if the person mails or delivers to the Tribunal and the Registrar, within 15 days after the notice is served on the person, notice in writing requiring a hearing by the Tribunal, and the person may so require such a hearing.
(28) The following provisions of the Act are amended by striking out "the Board" wherever that expression appears and substituting in each case "the Tribunal":
1. Subsection 21 (5) in the portion before clause (a).
2. Subsection 23 (5).
(29) Subsections 23 (10) and (11) of the Act are repealed and the following substituted:
Powers
(10) Following a hearing to consider a proposal to review an application for a licence to sell liquor, the Tribunal may direct the Registrar to issue the licence or to refuse to issue the licence.
Same
(11) Following a hearing to consider any other proposal referred to in subsection 21 (1), (2) or (3), the Tribunal may direct the Registrar not to carry out the proposal or to carry out the proposal, in whole or in part, and with any changes that the Tribunal considers appropriate, and the Tribunal may direct the Registrar to approve an application to which the proposal relates.
(30) Subsection 23 (12) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(31) Section 23 of the Act is amended by adding the following subsections:
Transition
(13) If a person has requested a hearing under this Act, as it read before the day section 6 of Schedule 1 to the Good Government Act, 2011 comes into force, but the hearing has not commenced by that day, the Tribunal shall hold the hearing.
Same
(14) If a hearing before the Board under this section has not concluded by the day section 6 of Schedule 1 to the Good Government Act, 2011 comes into force, then despite subsection (5), the Board shall continue to hold the hearing.
(32) Section 24 of the Act is amended by striking out "The Board" at the beginning and substituting "The Tribunal".
(33) Subsection 38 (4) of the Act is repealed and the following substituted:
Notice requiring hearing
(4) A notice of an order shall inform the person to whom the order is directed that the person is entitled to a hearing by the Tribunal if the person mails or delivers to the Tribunal and the Registrar, within 15 days after the notice is served on the person, notice in writing requiring a hearing by the Tribunal, and the person may so require such a hearing.
(34) Subsection 38 (6) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(35) Subsection 38 (7) of the Act is repealed and the following substituted:
Application
(7) If the Tribunal is required to hold a hearing under subsection (4), subsections 23 (5), (11) and (12) of this Act and section 5.1 of the Licence Appeal Tribunal Act, 1999 apply with necessary modifications to the hearing.
(36) Subsection 38 (8) of the Act is amended by striking out "the Board" and substituting "the Tribunal".
(37) Paragraph 16 of subsection 62 (1) of the Act is repealed.
(38) Subsection 62.1 (3) of the Act is repealed and the following substituted:
Exceptions
(3) A by-law passed under subsection (1) does not prevail over a condition that is imposed by the Registrar under subsection 8 (3), 14 (1) or 17 (5), a condition that is imposed under subsection 9 (6), 12 (2), 17 (7) or 23 (11) or (12) or a condition that is consented to by an applicant or licensee under subsection 12 (2) or 17 (7).
(39) On the day subsection 7 (2) of Schedule D to the Municipal Statute Law Amendment Act, 2006 comes into force, subsection 62.1 (3) of the Act is repealed and the following substituted:
Exceptions
(3) A by-law passed under subsection (1) does not prevail over a condition that is imposed by the Registrar under subsection 8 (3), 14 (1) or 17 (5), a condition that is imposed under subsection 9 (6), 12 (2), 17 (7) or 23 (11) or (12) or a condition that is consented to by an applicant or licensee under subsection 12 (2) or 17 (7).
(40) Subsection (39) applies only if subsection 7 (2) of Schedule D to the Municipal Statute Law Amendment Act, 2006 does not come into force before subsection (38) comes into force.
Provincial Offences Act
7. (1) Clause 13 (1) (a) of the Provincial Offences Act is repealed.
(2) Clause 13 (1) (b) of the Act is amended by striking out "clause (a)" and substituting "clause (1.1) (a)".
(3) Clause 13 (1) (c) of the Act is repealed.
(4) Section 13 of the Act is amended by adding the following subsection:
Same, Attorney General
(1.1) The Attorney General may make regulations,
(a) prescribing the form of certificates of offence, offence notices and summonses and such other forms as are considered necessary under this Part;
(b) respecting any matter that is considered necessary to provide for the use of the forms under this Part.
(5) Subsections 13 (2) and (3) of the Act are amended by striking out "clause (1) (a)" wherever it appears and substituting in each case "clause (1.1) (a)".
(6) Clauses 20 (1) (a), (c) and (d) of the Act are repealed.
(7) Clause 20 (1) (i) of the Act, as it read immediately before its re-enactment by subsection 1 (31) of Schedule 4 to the Good Government Act, 2009, is repealed and the following substituted:
(i) designating the person to whom a notice certifying that a fine is in default under subsection 18.6 (4) is to be sent;
(8) Section 20 of the Act is amended by adding the following subsection:
Same, Attorney General
(1.1) The Attorney General may make regulations,
(a) prescribing the forms that are considered necessary under this Part;
(b) respecting any matter that is considered necessary to provide for the use of the forms under this Part;
(c) prescribing information that is required to be included in a parking infraction notice, a notice of impending conviction or a certificate requesting a conviction;
(d) prescribing the information to be included in a notice certifying that a fine is in default under subsection 18.6 (4).
(9) Subsections 20 (2) and (3) of the Act are amended by striking out "clause (1) (a)" wherever it appears and substituting in each case "clause (1.1) (a)".
(10) Section 128 of the Act is amended by adding the following subsections:
Dismissal by justice
(2) Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed.
Motion to restore
(3) A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored.
Good Government Act, 2009
8. Subsection 1 (31) of Schedule 4 to the Good Government Act, 2009 is repealed.
Vintners Quality Alliance Act, 1999
9. Subsection 11 (1) of the Vintners Quality Alliance Act, 1999 is amended by adding the following clause:
(b.1) if a regulation made under clause (b) changes the tribunal that holds a hearing under this Act, governing the continuation of a hearing that has not concluded by the day the change comes into force and transitional matters related to a hearing that a person has requested under subsection 9 (3) but that has not commenced by the day the change comes into force;
Wine Content and Labelling Act, 2000
10. Subsection 6 (6) of the Wine Content and Labelling Act, 2000 is repealed and the following substituted:
Licence suspension or revocation
(6) The Registrar of Alcohol and Gaming may propose to suspend or revoke a licence to sell or deliver liquor issued under the Liquor Licence Act if there is a conviction for an offence committed under this section.
Commencement
Commencement
11. (1) Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2011 receives Royal Assent.
Same
(2) Subsections 1 (1), (3) and (7), sections 3 and 4, subsections 5 (1) and (3) to (6), 6 (1), (2) and (4) to (40) and 7 (1) to (9) and sections 9 and 10 come into force on a day to be named by proclamation of the Lieutenant Governor.
Schedule 2
Ministry of Consumer Services
Business Corporations Act
1. (1) The definition of "auditor" in subsection 1 (1) of the Business Corporations Act is repealed and the following substituted:
"auditor" includes a partnership of auditors and an auditor that is incorporated; ("vérificateur")
(2) The definition of "registered office" in subsection 1 (1) of the Act is amended by striking out "subsection 14 (3)" and substituting "the Corporations Information Act".
(3) Subsection 14 (5) of the Act is repealed.
(4) Clause 19 (c) of the Act is amended by striking out "subsection 14 (3)" and substituting "the Corporations Information Act".
(5) Section 21 of the Act is amended by adding the following subsection:
Assignment, etc., of contract before adoption
(2.1) Until a corporation adopts an oral or written contract made before it came into existence, the person who entered into the contract in the name of or on behalf of the corporation may assign, amend or terminate the contract subject to the terms of the contract.
(6) Subsection 92 (1) of the Act is amended by striking out "except under subsection 34 (5), subsection 108 (5) and section 243" at the end and substituting "except under subsections 34 (5), 108 (5) and 130 (5) and section 243".
(7) Clause 108 (10) (b) of the Act is amended by striking out "the transferor delivers the notice of objection" and substituting "the transferee delivers the notice of objection".
(8) Section 152 of the Act is amended by adding the following subsection:
Business partners
(2.1) For the purposes of subsection (2), a person's business partner includes a shareholder of the person.
(9) Subsection 185 (11) of the Act is amended by striking out "the certificates representing" and substituting "the certificates, if any, representing".
(10) Subsection 185 (14) of the Act is amended by striking out "and the dissenting shareholder is entitled, upon presentation and surrender to the corporation or its transfer agent of any certificate representing the shares that has been endorsed in accordance with subsection (13), to be issued a new certificate representing the same number of shares as the certificate so presented, without payment of any fee" at the end.
(11) Section 185 of the Act is amended by adding the following subsections:
Same
(14.1) A dissenting shareholder whose rights are reinstated under subsection (14) is entitled, upon presentation and surrender to the corporation or its transfer agent of any share certificate that has been endorsed in accordance with subsection (13),
(a) to be issued, without payment of any fee, a new certificate representing the same number, class and series of shares as the certificate so surrendered; or
(b) if a resolution is passed by the directors under subsection 54 (2) with respect to that class and series of shares,
(i) to be issued the same number, class and series of uncertificated shares as represented by the certificate so surrendered, and
(ii) to be sent the notice referred to in subsection 54 (3).
Same
(14.2) A dissenting shareholder whose rights are reinstated under subsection (14) and who held uncertificated shares at the time of sending a notice to the corporation under subsection (10) is entitled,
(a) to be issued the same number, class and series of uncertificated shares as those held by the dissenting shareholder at the time of sending the notice under subsection (10); and
(b) to be sent the notice referred to in subsection 54 (3).
(12) The French version of the definition of "dissenting offeree" in subsection 187 (2) of the Act is amended by striking out "une offre d'achat de l'émetteur" and substituting "une offre de l'émetteur".
(13) The French version of subsection 188 (1) of the Act is amended by striking out "l'offre d'achat de l'émetteur" and substituting "l'offre de l'émetteur".
(14) Clause 188 (2) (e) of the Act is amended by striking out "the certificates representing" and substituting "the certificates, if any, representing".
(15) Clause 188 (4) (a) of the Act is amended by striking out "the certificates representing" and substituting "the certificates, if any, representing".
(16) Clause 188 (4) (b) of the Act is amended by striking out "the certificates representing" and substituting "the certificates, if any, representing".
(17) Subsections 188 (11) and (12) of the Act are repealed and the following substituted:
Duties of offeree corporation
(11) Within 10 days after the acquisition of the securities of dissenting offerees under subsection (10) by an offeror who has made a take-over bid, the offeree corporation,
(a) shall,
(i) issue to the offeror one or more security certificates in respect of the securities so acquired, or
(ii) if a resolution is passed by the directors under subsection 54 (2) with respect to any class and series of securities so acquired, issue to the offeror uncertificated securities in respect of the securities of such class and series so acquired and send the offeror the notice referred to in subsection 54 (3); and
(b) shall send to each dissenting offeree who elects to accept the take-over bid terms under subclause (2) (c) (i),
(i) the money or other consideration to which the dissenting offeree is entitled as payment for or in exchange for his, her or its securities, if,
(A) the dissenting offeree's securities were uncertificated, or
(B) the dissenting offeree's securities were represented by security certificates and the dissenting offeree has sent the certificates to the offeree corporation, or
(ii) if the dissenting offeree's securities were represented by security certificates and the dissenting offeree has not sent the certificates to the offeree corporation, a notice stating in substance that,
(A) the certificates representing the dissenting offeree's securities have been cancelled,
(B) the offeree corporation or a designated person holds in trust for the dissenting offeree the money or other consideration to which the dissenting offeree is entitled as payment for or in exchange for his, her or its securities, and
(C) the offeree corporation will, subject to subsections (13) to (21), send that money or other consideration to the dissenting offeree forthwith after receiving the certificates representing the dissenting offeree's securities.
Payment by offeror
(12) Within 10 days after the acquisition of the securities of dissenting offerees under subsection (10) by an offeror who has made an issuer bid, the offeror shall send to each dissenting offeree who elects to accept the issuer bid terms under subclause (2) (c) (i),
(a) the money or other consideration to which the dissenting offeree is entitled as payment for or in exchange for his, her or its securities, if,
(i) the dissenting offeree's securities were uncertificated, or
(ii) the dissenting offeree's securities were represented by security certificates and the dissenting offeree has sent the certificates to the offeror; or
(b) if the dissenting offeree's securities were represented by security certificates and the dissenting offeree has not sent the certificates to the offeror, a notice stating in substance that,
(i) the certificates representing the dissenting offeree's securities have been cancelled,
(ii) the offeror or a designated person holds in trust for the dissenting offeree the money or other consideration to which the dissenting offeree is entitled as payment for or in exchange for his, her or its securities, and
(iii) the offeror will, subject to subsections (13) to (21), send that money or other consideration to the dissenting offeree forthwith after receiving the certificates representing the dissenting offeree's securities.
(18) Subsection 189 (13) of the Act is repealed and the following substituted:
Costs
(13) The costs under this section shall be on a substantial indemnity basis.
(19) Paragraph 16.1 of section 272 of the Act is repealed.
Collection Agencies Act
2. Subsection 21 (3) of the Collection Agencies Act is amended by striking out "with the approval of the Director".
Debt Collectors Act
3. The Debt Collectors Act is repealed.
Ministry of Consumer and Business Services Act
4. (1) Section 5.1 of the Ministry of Consumer and Business Services Act is repealed.
(2) Section 68 of Schedule 6 to the Good Government Act, 2009 is repealed.
Motor Vehicle Dealers Act, 2002
5. Subsection 24 (4) of the Motor Vehicle Dealers Act, 2002 is amended by striking out "with the approval of the director".
Payday Loans Act, 2008
6. Section 52 of the Payday Loans Act, 2008 is repealed.
Real Estate and Business Brokers Act, 2002
7. Subsection 28 (4) of the Real Estate and Business Brokers Act, 2002 is amended by striking out "with the approval of the director".
Travel Industry Act, 2002
8. (1) The definition of "travel services" in subsection 1 (1) of the Travel Industry Act, 2002 is repealed and the following substituted:
"travel services" means transportation or sleeping accommodation for the use of a traveller, tourist or sightseer or other services combined with that transportation or sleeping accommodation; ("service de voyage")
(2) Subsection 24 (3) of the Act is amended by striking out "with the approval of the director".
Commencement
Commencement
9. (1) Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2011 receives Royal Assent.
Same
(2) Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 3
Ministry of Education
Education Act
1. (1) The definition of "French-language instructional unit" in subsection 1 (1) of the Education Act is amended by striking out "paragraph 25" and substituting "paragraph 25 or 25.1".
(2) Paragraph 25 of subsection 8 (1) of the Act is amended by adding "and impose terms and conditions on the permission" at the end.
(3) Paragraph 25.1 of subsection 8 (1) of the Act is amended by adding "and impose terms and conditions on the permission" at the end.
The Essex County French-language Secondary School Act, 1977
2. The Essex County French-language Secondary School Act, 1977 is repealed.
Commencement
Commencement
3. This Schedule comes into force on the day the Good Government Act, 2011 receives Royal Assent.
Schedule 4
Ministry of Energy
Ontario Energy Board Act, 1998
1. Clauses 71 (3) (a), (b) and (c) of the Ontario Energy Board Act, 1998 are repealed and the following substituted:
(a) a renewable energy generation facility that does not exceed 10 megawatts or such other capacity as may be prescribed by regulation and that meets any criteria that may be prescribed by the regulations;
(b) a generation facility that uses technology that produces power and thermal energy from a single source and that meets any criteria that may be prescribed by the regulations; or
(c) a facility that is an energy storage facility and that meets any criteria that may be prescribed by the regulations.
Commencement
2. This Schedule comes into force on the day the Good Government Act, 2011 receives Royal Assent.
Schedule 5
Ministry of Government Services
Business Corporations Act
1. (1) Subsection 265 (1) of the Business Corporations Act is repealed and the following substituted:
Delegation of powers and duties
(1) The Director may delegate in writing any of the Director's duties or powers under this Act to any public servant employed under Part III of the Public Service of Ontario Act, 2006.
(2) Subsection 271.1 (1) of the Act is repealed and the following substituted:
Powers of Minister
Minister's regulations
(1) The Minister may make regulations,
(a) designating officers of the Ministry for the purposes of endorsing certificates, issuing certificates as to any fact or certifying true copies of documents required or authorized under this Act;
(b) prescribing the punctuation marks and other marks that may form part of a corporate name under subsection 10 (3);
(c) respecting the content of a special language provision under subsection 10 (4);
(d) prescribing exceptions under section 177;
(e) providing for and governing the filing of documents sent by electronic format, including the manner of determining the date of receipt and the form of electronic signatures;
(f) providing for the waiver of signature requirements, and for requirements for the execution of articles, applications or statements filed with the Director requiring the signature of one or more persons;
(g) providing for the exclusion of any class or classes of documents from being filed in electronic format or by telephone transmission of a facsimile;
(h) prescribing documents that are required to accompany articles and applications made under this Act;
(i) prescribing the form and content of any notices or documents that this Act requires to be filed.
(3) The Act is amended by adding the following section:
Director's regulations
271.2 The Director may make regulations prescribing forms and providing for their use.
(4) Paragraphs 5, 14, 15, 20, 29.1, 29.2 and 29.3 of section 272 of the Act are repealed.
(5) Paragraph 30 of section 272 of the Act is amended by adding "for which a specific power is not otherwise provided" at the end.
Business Names Act
2. (1) Section 10.1 of the Business Names Act is amended by adding the following subsection:
Powers of Minister
Minister's regulations
(0.1) The Minister may make regulations,
(a) governing the registration of forms in electronic format, including the manner of acceptance of forms and the determination of the date of receipt;
(b) governing the registration of forms sent by telephone transmission of a facsimile;
(c) governing the custody and destruction of registrations and certificates.
(2) The Act is amended by adding the following section:
Registrar's regulations
10.2 The Registrar may make regulations prescribing forms and providing for their use.
(3) Clauses 11 (d), (d.1), (d.2) and (g) of the Act are repealed.
(4) Clause 11 (i) of the Act is amended by adding "for which a specific power is not otherwise provided" at the end.
Corporations Information Act
3. (1) Section 12 of the Corporations Information Act is amended by striking out "any public servant in the Ministry" at the end and substituting "any public servant employed under Part III of the Public Service of Ontario Act, 2006".
(2) Section 21.1 of the Act is amended by adding the following subsection:
Powers of Minister
Minister's regulations
(0.1) The Minister may make regulations,
(a) respecting the form, period of retention and destruction of any document required to be filed under this Act or a predecessor of this Act;
(b) prescribing the manner in which special filings under section 6 shall be made;
(c) prescribing the time within which special filings under section 6 shall be made;
(d) prescribing alternative methods of filing documents under this Act and governing the filing of documents by each method, including the manner of acceptance of documents and the determination of the date of receipt;
(e) for the purpose of subsection 8 (2), governing the effective date of filing for every notice and return received under this Act;
(f) designating officers of the Ministry who may sign certificates for the purposes of section 20.
(3) The Act is amended by adding the following section:
Director's regulations
21.3 The Director appointed under section 278 of the Business Corporations Act may make regulations prescribing forms and providing for their use.
(4) Clauses 22 (1) (c), (d), (g), (h), (i) and (i.3) of the Act are repealed.
(5) Clause 22 (1) (j) of the Act is amended by adding "for which a specific power is not otherwise provided" at the end.
Extra-Provincial Corporations Act
4. (1) Subsection 17 (1) of the Extra-Provincial Corporations Act is amended by striking out "any public servant in the Ministry" at the end and substituting "any public servant employed under Part III of the Public Service of Ontario Act, 2006".
(2) Subsection 24.1 (1) of the Act is repealed and the following substituted:
Powers of Minister
Minister's regulations
(1) The Minister may make regulations,
(a) designating officers of the Ministry for the purposes of endorsing licences and issuing certificates as to any fact or certifying true copies of documents required or authorized under this Act;
(b) prescribing the documents relating to names to be filed with the Director under subsection 10 (3);
(c) respecting the evidence required upon the application for a licence under this Act, including evidence as to the incorporation of the extra-provincial corporation, its powers, objects and existence as a valid and subsisting corporation;
(d) respecting the appointment and continuance by extra-provincial corporations of an agent for service on whom service or process notices or other proceedings may be made and the powers to be conferred on such an agent;
(e) prescribing the form and content of any documents to be filed under this Act.
(3) The Act is amended by adding the following section:
Director's regulations
24.2 The Director may make regulations prescribing forms and providing for their use.
(4) Clauses 25 (c), (i), (j) and (k) of the Act are repealed.
(5) Clause 25 (n) of the Act is amended by adding "for which a specific power is not otherwise provided" at the end.
Licence Appeal Tribunal Act, 1999
5. (1) Subsection 4 (3) of the Licence Appeal Tribunal Act, 1999 is amended by striking out "except that no more than three members may sit on a panel" at the end.
(2) Subsection 4 (7) of the Act is repealed.
(3) Section 10 of the Act is repealed and the following substituted:
Service of decisions and orders
10. The Tribunal shall send a copy of its final decision or order, including any reasons, to each party to a hearing, or to the person who represented the party.
Limited Partnerships Act
6. (1) Section 35.1 of the Limited Partnerships Act is amended by adding the following subsection:
Powers of Minister
Minister's regulations
(0.1) The Minister may make regulations,
(a) prescribing alternative methods of filing documents under this Act and governing the filing of documents by each method, including the manner of acceptance of documents, the determination of the date of receipt and the form of electronic signatures;
(b) waiving any of the signature requirements under this Act.
(2) The Act is amended by adding the following section:
Registrar's regulations
35.2 The Registrar may make regulations prescribing forms and providing for their use.
(3) Clauses 36 (c), (d) and (e) of the Act are repealed.
Vital Statistics Act
7. Section 59.1 of the Vital Statistics Act is amended by adding the following subsection:
Orders are not regulations
(2) An order made under this section is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006.
Commencement
Commencement
8. This Schedule comes into force on the day the Good Government Act, 2011 receives Royal Assent.
Schedule 6
MINistry oF Health and Long-Term CAre
Community Care Access Corporations Act, 2001
1. (1) Section 3 of the Community Care Access Corporations Act, 2001 is repealed and the following substituted:
Home Care and Community Services Act, 1994
3. Sections 50, 51, 53, 54 and 55, subsections 56 (2), (3), (4), (5) and (6) and section 57 of the Home Care and Community Services Act, 1994 do not apply with respect to a community care access corporation that has been approved under subsection 5 (1) of that Act.
(2) The Act is amended by adding the following section:
Fiscal year
11.1 The fiscal year of a community care access corporation begins on April 1 in each year and ends on March 31 in the following year.
(3) Paragraph 2 of subsection 15.3 (1) of the Act is amended by adding "as entities separate from the amalgamated corporation" at the end.
(4) Ontario Regulation 33/02 (Designation of Community Care Access Corporations as Approved Agencies) made under the Act is revoked.
Healing Arts Radiation Protection Act
2. (1) The following provisions of the Healing Arts Radiation Protection Act are repealed:
1. Subsection 4 (4).
2. Subsection 4 (5).
3. Paragraph 6 of subsection 5 (2).
(2) Subsection 6 (1) of the Act is amended by adding "or" at the end of clause (c), by striking out "or" at the end of clause (d) and by repealing clause (f).
(3) The English version of subsection 6 (1) of the Act is amended by striking out "or" at the end of clause (c) and by adding "or" at the end of clause (d).
(4) Subsection 6 (3) of the Act is amended by striking out "mammography" and substituting "mammographic examination".
(5) Subsections 9 (1), (2) and (3) of the Act are repealed and the following substituted:
Radiation protection officer
(1) The owner of a portable X-ray machine or an installed X-ray machine shall designate a person as the radiation protection officer for the portable X-ray machine or the facility in which the X-ray machine is installed if he or she meets the qualifications prescribed by the regulations and is,
(a) a legally qualified medical practitioner;
(b) a member of the Royal College of Dental Surgeons of Ontario;
(c) a member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody; or
(d) a member of the College of Chiropractors of Ontario.
Health Protection and Promotion Act
3. Paragraph 10 of the definition of "health care provider or health care entity" in subsection 77.7 (6) of the Health Protection and Promotion Act is repealed and the following substituted:
10. A long-term care home under the Long-Term Care Homes Act, 2007.
Home Care and Community Services Act, 1994
4. (1) Clause 1 (f) of the Home Care and Community Services Act, 1994 is repealed.
(2) Section 1 of the Act is amended by adding "and" at the end of clause (i), by striking out "and" at the end of clause (j) and by repealing clause (k).
(3) The definition of "agency" in subsection 2 (1) of the Act is amended by adding "or" at the end of clause (c) and by repealing clause (d).
(4) The definitions of "board of health" and "multi-service agency" in subsection 2 (1) of the Act are repealed.
(5) The definition of "person" in subsection 2 (1) of the Act is amended by striking out "a board of health".
(6) Part VI (sections 10 to 18) of the Act is repealed.
(7) Section 20 of the Act is amended by striking out "a board of health or".
(8) Subsection 21 (1) of the Act is repealed.
(9) Subsection 21 (4) of the Act is amended by striking out "(1)" in the portion before paragraph 1.
(10) Paragraph 4 of subsection 21 (4) of the Act is amended by striking out "section 7, 8 or 10" at the end and substituting "section 7 or 8".
(11) Subsection 21 (5) of the Act is amended by striking out "(1)".
(12) The following provisions of the Act are repealed:
1. Clause 50 (a).
2. Section 52.
3. Subclause 53 (1) (c) (ii).
(13) Clause 53 (1) (c) of the Act is amended by adding "or" at the end of subclause (v) and by repealing subclause (vi).
(14) Paragraph 2 of subsection 53 (2) of the Act is amended by striking out "or a board of health".
(15) Subsection 54 (1) of the Act is amended by striking out "under clause 50 (c), 51 (c), 52 (d) or 53 (1) (c)" and substituting "under clause 50 (c), 51 (c) or 53 (1) (c)".
(16) Subsection 54 (8) of the Act is amended by striking out "under clause 52 (d) or 53 (1) (c)" and substituting "under clause 53 (1) (c)".
(17) Subsection 55 (1) of the Act is amended by striking out "under clause 50 (c), 51 (c), 52 (d) or 53 (1) (c)" and substituting "under clause 50 (c), 51 (c) or 53 (1) (c)".
(18) Subsection 66 (2) of the Act is repealed.
(19) Subsection 66 (4) of the Act is amended by striking out "a board of health or" in the portion before paragraph 1.
(20) Paragraphs 10, 11, 12 and 39 of subsection 68 (1) of the Act are repealed.
Independent Health Facilities Act
5. The following provisions of the Independent Health Facilities Act are repealed:
1. Section 38.2.
2. Paragraph 34 of subsection 42 (1).
3. Subsection 42 (5).
Laboratory and Specimen Collection Centre Licensing Act
6. (1) Section 17 of the Laboratory and Specimen Collection Centre Licensing Act is repealed.
(2) Clause 18 (b) of the Act is amended by striking out "simple laboratory procedures" and substituting "examinations".
(3) Section 21 of the Act is repealed and the following substituted:
Money
21. The money required for the administration of the quality management program shall be paid out of the money appropriated by the Legislature for the purpose.
(4) Subsection 22 (1) of the Act is amended by striking out "for which no other penalty is provided" in the portion before clause (a).
(5) Subsection 22 (3) of the Act is amended by striking out "is a party to the offence unless he or she satisfies the court" in the portion after clause (b) and substituting "is a party to and guilty of the offence, and on conviction is liable to the punishment provided for under subsection (1), unless he or she satisfies the court".
Ontario Agency for Health Protection and Promotion Act, 2007
7. (1) Subsection 27 (1) of the Ontario Agency for Health Protection and Promotion Act, 2007 is amended by striking out "the Minister of Finance".
(2) Subsection 27 (3) of the Act is amended by striking out "the Minister of Finance".
Ontario Mental Health Foundation Act
8. (1) Section 4 of the Ontario Mental Health Foundation Act is repealed.
(2) Section 11 of the Act is repealed.
Physician Services Delivery Management Act, 1996
9. (1) The Physician Services Delivery Management Act, 1996 is repealed.
(2) Ontario Regulation 36/96 (Designation of Rights and Obligations) made under the Act is revoked.
Commencement
Commencement
10. (1) Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2011 receives Royal Assent.
Same
(2) Subsection 2 (3) comes into force on the later of,
(a) the day the Good Government Act, 2011 receives Royal Assent; and
(b) the day subsection 9 (1) of the Regulated Health Professions Statute Law Amendment Act, 2009 comes into force.
SCHEDULE 7
MINISTRY OF LABOUR
Employment Standards Act, 2000
1. Subsection 22 (1) of the Employment Standards Act, 2000 is amended by striking out "week" and substituting "work week".
Occupational Health and Safety Act
2. (1) Section 22.1 of the Occupational Health and Safety Act is repealed and the following substituted:
Powers under federal legislation
22.1 (1) If a regulation under the Canada Labour Code incorporates by reference all or part of this Act or the regulations made under it, the Board and any person having powers under this Act may exercise any powers conferred by the regulation under the Canada Labour Code.
Same
(2) If a regulation under section 44 of the Nuclear Safety and Control Act (Canada) requires an employer to whom this Act applies to comply with all or part of this Act or the regulations made under it, the Board and any person having powers under this Act may exercise any powers conferred by the regulation under the Nuclear Safety and Control Act (Canada).
(2) Subsection 25 (4) of the Act is amended by striking out "employees" and substituting "workers".
(3) Subsection 32.0.1 (3) of the Act is amended by striking out "employees" and substituting "workers".
(4) The French version of clause 37 (1) (c) of the Act is amended by striking out "feuilles de données sur la sûreté des matériaux" and substituting "fiches signalétiques".
(5) The French version of subsection 37 (3) of the Act is amended by striking out "feuilles de données sur la sûreté des matériaux" and substituting "fiches signalétiques".
(6) The French version of subsection 38 (5) of the Act is repealed and the following substituted:
Exigence supplémentaire
(5) En plus de satisfaire aux exigences du paragraphe (1), l'employeur met à la disposition des travailleurs du lieu de travail une copie de chaque fiche signalétique exigée par le paragraphe (1) de manière que tous les travailleurs qui peuvent être exposés au matériau dangereux auquel la fiche se rapporte y aient facilement accès.
(7) Subsection 51 (1) of the Act is amended by striking out "by telephone, telegram or other direct means" and substituting "by telephone or other direct means".
(8) Section 53 of the Act is repealed and the following substituted:
Accident, etc., at project site or mine
53. If an accident, premature or unexpected explosion, fire, flood or inrush of water, failure of any equipment, machine, device, article or thing, cave-in, subsidence, rockburst, or other prescribed incident occurs at a project site, mine or mining plant, the constructor of the project or the owner of the mine or mining plant shall, within two days after the occurrence, give notice in writing with the prescribed information and particulars,
(a) to the committee, health and safety representative and trade union, if any; and
(b) to a Director, unless a report under section 51 or a notice under section 52 has already been given to a Director.
(9) Section 55.1 of the Act is amended by striking out "employees" and substituting "workers".
(10) Subsection 57 (9) of the Act is amended by striking out "a notice in the prescribed form" and substituting "a notice of the order, in a form obtained from the Ministry".
(11) Paragraph 4 of subsection 61 (2) of the Act is repealed and the following substituted:
4. A Director.
(12) The English version of the following provisions of the Act is amended by striking out "material safety" wherever it appears and substituting in each case "safety":
1. Clauses 37 (1) (b) and (c), and subsections 37 (3), (4) and (5).
2. Subsection 38 (1) in the portion before clause (a), subsections 38 (2), (3) and (5), subsection 38 (6) in the portion before clause (a), and clauses 38 (6) (b) and (c).
3. Clauses 40 (1) (a) and (b).
4. Subsection 57 (8).
5. Paragraphs 39 and 40 of subsection 70 (2).
(13) The French version of the following provisions of the Act is amended by striking out "feuille de données encore valide sur la sûreté des matériaux" wherever it appears and substituting in each case "fiche signalétique encore valide".
1. Clause 37 (1) (b).
2. Subsection 38 (1) in the portion before clause (a), and subsection 38 (2).
3. Subsection 57 (8).
(14) The French version of the following provisions of the Act is amended by striking out "feuille de données sur la sûreté des matériaux" wherever it appears and substituting in each case "fiche signalétique":
1. Subsections 37 (4) and (5).
2. Subsection 38 (3), subsection 38 (6) in the portion before clause (a), and clauses 38 (6) (b) and (c).
3. Clauses 40 (1) (a) and (b).
4. Paragraphs 39 and 40 of subsection 70 (2).
Workplace Safety and Insurance Act, 1997
3. (1) The English version of subclause (a) (iii) of the definition of "independent operator" in section 12.1 of the Workplace Safety and Insurance Act, 1997 is amended by striking out "contractor or subcontractor" and substituting "a contractor or subcontractor".
(2) The English version of subclause (b) (ii) of the definition of "independent operator" in section 12.1 of the Act is amended by striking out "contractor or subcontractor" and substituting "a contractor or subcontractor".
(3) Clause 12.3 (5) (b) of the Act is amended by striking out "and executive officers".
(4) Subsection 45 (6) of the Act is repealed and the following substituted:
Payment scheme
(6) The worker may select the payment scheme for the benefit from among such schemes and subject to such restrictions as may be prescribed.
Lump sum
(6.1) Despite subsection (6), the Board shall pay the benefit as a lump sum if,
(a) in the case of a worker who reaches the age of 65 before the specified date, the amount of the benefit is less than $3,000 per year;
(b) in the case of a worker who reaches the age of 65 on or after the specified date, the amount of the benefit is less than or equal to the maximum amount of average earnings determined under section 54 for the year in which the worker reaches the age of 65.
Specified date
(6.2) For the purpose of subsection (6.1), the specified date is the day that is one month after the day the Good Government Act, 2011 receives Royal Assent.
(5) Subsections 46 (3) and (4) of the Act are repealed and the following substituted:
Lump sum or monthly payment
(3) If the worker becomes entitled to compensation under this section before the specified date, the following rules apply to the payment of the compensation:
1. If the amount of the compensation is greater than $11,452.07, it is payable as a monthly payment for the life of the worker. If it is $11,452.07 or less, it is payable as a lump sum.
2. Despite paragraph 1, the worker may elect to receive as a lump sum an amount that would otherwise be payable monthly if he or she does so within 30 days after receiving notice of the amount from the Board.
Same
(4) If the worker becomes entitled to compensation under this section on or after the specified date, the compensation is payable as a lump sum unless the following conditions are satisfied:
1. The amount of compensation is greater than $11,452.07.
2. The worker elects, within 30 days after receiving notice of the amount from the Board, to receive it as a monthly payment for his or her life.
Specified date
(5) For the purpose of subsections (3) and (4), the specified date is the day the Good Government Act, 2011 receives Royal Assent.
Election
(6) An election described in subsection (3) or (4) is irrevocable.
(6) Subsection 47 (7) of the Act is repealed and the following substituted:
Worker and employer to receive copies
(7) The Board shall give a copy of the report to the worker and to the employer who employed him or her on the date of the injury.
Notice
(7.1) Despite subsection (7), before giving the employer a copy of the report, the Board shall notify the worker that the Board proposes to do so and shall give him or her an opportunity to object to the disclosure, and subsections 59 (2) to (6) apply with necessary modifications.
(7) Subsection 57 (2) of the Act is amended by striking out "subsection 45 (9)" at the end and substituting "subsections 45 (7), (7.1) and (9)".
Commencement
Commencement
4. (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Good Government Act, 2011 receives Royal Assent.
Same
(2) Subsections 2 (4), (5), (6), (12), (13) and (14) come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3) Subsections 3 (1), (2) and (3) come into force on the first anniversary of the day section 9 of the Workplace Safety and Insurance Amendment Act, 2008 comes into force.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 110 and does not form part of the law. Bill 110 has been enacted as Chapter 1 of the Statutes of Ontario, 2011.
The Bill is part of the government initiative to promote good government.
The Bill amends or repeals a number of Acts and revokes a number of regulations. For convenience, the amendments, repeals and revocations are set out in separate Schedules. The Schedules for each Ministry include amendments to and repeals of Acts that are administered by the Ministry or that affect the Ministry. The commencement provisions for each of the Schedules are set out in the Schedules.
SCHEDULE 1
MINISTRY OF THE ATTORNEY GENERAL
General
Appeals of the imposition of a monetary penalty under section 14.1 of the Alcohol and Gaming Regulation and Public Protection Act, 1996 and hearings of matters under the Gaming Control Act, 1992, the Liquor Licence Act and the Vintners Quality Alliance Act, 1999 are transferred from the Board of the Alcohol and Gaming Commission of Ontario to the Licence Appeal Tribunal.
Evidence Act
Subsection 5 (3) of the Act is amended to shift the regulation-making authority under that subsection from the Lieutenant Governor in Council to the Attorney General.
Justices of the Peace Act
Subsection 2.1 (12) of the Act is amended to change the process for applying for justice of the peace positions and reviewing those applications. Subsection (12.1) is added to the section to address transition. Obsolete transition provisions in the section are repealed.
Provincial Offences Act
Sections 13 and 20 of the Act are amended to transfer some of the regulation-making authority set out in those sections from the Lieutenant Governor in Council to the Attorney General. Section 128 of the Act is amended to permit the clerk of the court in specified circumstances to have an appeal brought before a justice to determine whether the appeal should be dismissed. Finally, the Schedule makes several housekeeping and consequential amendments to the Act.
Wine Content and Labelling Act, 2000
A minor amendment is made to the Act to reflect the fact that it is the Registrar of Alcohol and Gaming who proposes to suspend or revoke a licence to sell or deliver liquor under the Li-quor Licence Act, not the Alcohol and Gaming Commission of Ontario that suspends or revokes the licence.
SCHEDULE 2
MINISTRY OF CONSUMER SERVICES
Business Corporations Act
The definition of "auditor" in subsection 1 (1) of the Act is amended to include not only a partnership of auditors but also an auditor that is incorporated.
Several provisions are updated to reflect the fact that notice of a change of location of the registered office must now be filed under the Corporations Information Act rather than the Business Corporations Act.
Section 21 of the Act is amended to clarify that a person who enters into an oral or written contract on behalf of a corporation before it comes into existence may assign, amend or terminate the contract until such time as the contract is adopted by the corporation.
Subsection 92 (1) of the Act, which provides exceptions to the rule that shareholders of a corporation are not, as shareholders, liable for any act, default, obligation or liability of the corporation, is amended to add an exception for the situation in which a court orders a shareholder to pay or deliver to a director any money or property that was paid or distributed to the shareholder or other recipient contrary to specified provisions of the Act.
Section 152 of the Act disqualifies a person from being an auditor of a corporation if the person is not independent of the corporation. Section 152 goes on to deem a person not to be independent if the person or the person's business partner meets certain criteria. The section is amended so that "business partner" of a person would also mean a shareholder of the person.
Sections 185 and 188 of the Act are amended to deal with the situation in which a shareholder has no share certificates but instead holds uncertificated shares.
The French version of subsections 187 (2) and 188 (1) of the Act are amended to correct an error in the terminology used to refer to an issuer bid.
The reference to costs on a solicitor and client basis in subsection 189 (13) of the Act is updated to refer to costs on a substantial indemnity basis, in order to conform to the language currently used in the Rules of Civil Procedure.
The regulation-making power in paragraph 16.1 of section 272 of the Act to prescribe an amount for the purposes of subclause 148 (1) (a) (iii) of the Act is repealed because it became obsolete when section 148 was amended in 1998.
Collection Agencies Act
The Registrar no longer requires the approval of the Director to require a collection agency to file a financial statement under section 21 of the Act.
Debt Collectors Act
The Act is repealed.
Ministry of Consumer and Business Services Act
The Schedule repeals section 5.1 of the Act which gives the Minister the power to appoint a person to make an investigation into any matter that relates to an Act administered by the Minister and prescribed by the regulations made under the Act.
Motor Vehicle Dealers Act, 2002
The registrar no longer requires the approval of the director to require a motor vehicle dealer to file a financial statement under section 24 of the Act.
Payday Loans Act, 2008
The Schedule repeals section 52 of the Act which allows the Director under that Act to make freeze orders.
Real Estate and Business Brokers Act, 2002
The registrar no longer requires the approval of the director to require a brokerage to file a financial statement under section 28 of the Act.
Travel Industry Act, 2002
The Schedule clarifies that the other services mentioned in the definition of "travel services" must be combined with transportation or sleeping accommodation for the use of a traveller, tourist or sightseer.
The registrar no longer requires the approval of the director to require a registered travel agent or registered travel wholesaler to file a financial statement under section 24 of the Act.
SCHEDULE 3
MINISTRY OF EDUCATION
Education Act
The Schedule amends the Act to clarify that the definition of "French-language instructional unit" does not include a program established under paragraph 25.1 of subsection 8 (1), which authorizes the Minister to permit boards to establish for English-speaking pupils extended day programs involving the use of French. The Schedule also amends paragraphs 25 and 25.1 of subsection 8 (1) to provide that where the Minister permits a board to establish for English-speaking pupils programs involving the use of French, the Minister may impose terms and conditions on the permission.
The Essex County French-language Secondary School Act, 1977
The Schedule repeals the Act.
SCHEDULE 4
MINISTRY OF ENERGY
Ontario Energy Board Act, 1998
Clauses 71 (3) (a) to (c) of the Act are re-enacted to provide that an electricity distributor may own and operate a renewable energy generation facility, a generation facility that uses technology that produces power and thermal energy from a single source or an energy storage facility whether or not any criteria for the facility have been prescribed by the regulations.
SCHEDULE 5
MINISTRY OF GOVERNMENT SERVICES
Business Corporations Act
The Act currently permits the Director under the Act to delegate his or her duties or powers under the Act to any public servant in the Ministry. The Act is amended to allow the Director to delegate these duties or powers to any public servant employed under Part III of the Public Service of Ontario Act, 2006.
The Act is amended to transfer seven regulation-making powers from the Lieutenant Governor in Council to the Minister. The Act is also amended to provide the Minister with regulation-making powers to prescribe documents that are required to accompany articles and applications under the Act, and to prescribe requirements for the execution of certain documents filed with the Director under the Act. The regulation-making power of the Minister to prescribe forms and provide for their use is transferred to the Director.
Business Names Act
The Act is amended to transfer three regulation-making powers from the Lieutenant Governor in Council to the Minister, and to transfer the power to make regulations prescribing forms and providing for their use to the Registrar.
Corporations Information Act
The Act currently permits the Minister to delegate his or her duties or powers under the Act to any public servant in the Ministry. The Act is amended to allow the Minister to delegate these duties or powers to any public servant employed under Part III of the Public Service of Ontario Act, 2006.
The Act is amended to transfer six regulation-making powers from the Lieutenant Governor in Council to the Minister, and to provide the Director under the Business Corporations Act with the regulation-making power to prescribe forms and provide for their use.
Extra-Provincial Corporations Act
The Act currently permits the Director under the Act to delegate his or her duties or powers under the Act to any public servant in the Ministry. The Act is amended to allow the Director to delegate his or her duties or powers to any public servant employed under Part III of the Public Service of Ontario Act, 2006.
The Act is amended to transfer four regulation-making powers from the Lieutenant Governor in Council to the Minister. The regulation-making power of the Minister to prescribe forms and provide for their use is transferred to the Director.
Licence Appeal Tribunal Act, 1999
The Schedule eliminates the restriction on the number of members of the Tribunal who may sit on a panel of the Tribunal and eliminates the following provisions that are covered by the Statutory Powers Procedure Act: subsection 4 (7) of the Act under which a member of the Tribunal sitting for a hearing remains a member until the hearing is completed and the part of section 10 of the Act that sets out methods of service for copies of decisions and orders of the Tribunal.
Limited Partnerships Act
The Act is amended to transfer two regulation-making powers from the Lieutenant Governor in Council to the Minister, and to transfer the power to prescribe forms and provide for their use to the Registrar.
Vital Statistics Act
The Schedule clarifies that fee orders made by the Registrar General are not regulations.
SCHEDULE 6
MINISTRY OF HEALTH AND LONG-TERM CARE
Community Care Access Corporations Act, 2001
The Community Care Access Corporations Act, 2001 currently provides that the Minister of Health and Long-Term Care may, by regulation made under the Act, deem a community care access corporation to be an approved agency under the Home Care and Community Services Act, 1994. That provision is repealed since approval of a community care access corporation as an agency to provide community services may be given under the Home Care and Community Services Act, 1994. Ontario Regulation 33/02 (Designation of Community Care Access Corporations as Approved Agencies) made under the provision in the Community Care Access Corporations Act, 2001 is revoked.
The Act is amended to provide that a community care access corporation's fiscal year begins on April 1 of each year and ends on March 31 of the following year.
The Act is amended to clarify the impact of the amalgamation of community care access corporations.
Home Care and Community Services Act, 1994
The Act is amended to remove all references to boards of health and multi-service agencies since these entities do not provide community services under the Act.
Laboratory and Specimen Collection Centre Licensing Act
The Act is amended by correcting terminology and clarifying the application of an offence provision.
Ontario Mental Health Foundation Act
Sections 4 and 11 of the Act respecting the advisory medical board are repealed.
Physician Services Delivery Management Act, 1996
The Act is repealed and Ontario Regulation 36/96 (Designation of Rights and Obligations) made under the Act is revoked.
Various
Various Acts are amended to remove references to other Acts that are repealed, to update technical language and to remove outdated or redundant provisions.
SCHEDULE 7
MINISTRY OF LABOUR
Employment Standards Act, 2000
Subsection 22 (1) of the Act is amended for terminological consistency.
Occupational Health and Safety Act
If an accident happens at a project site or mine (whether it causes injury or not), section 53 of the Act requires written notice to a Director within two days "where a notice or report is not required under section 51 or 52". Section 52 deals with accidents that cause injury but not death or critical injury. However, in some circumstances, a notice may be "required" under section 52 without information being communicated to a Director. The section is rewritten to eliminate this unintended gap.
Subsection 61 (2) of the Act, which lists the persons who are automatically parties to the appeal of an inspector's order, is amended to remove a reference to the inspector who made the order and substitute a reference to a Director.
The Act is amended to reflect the fact that the documents now called "material safety data sheets" (which are required in workplaces where hazardous substances are present) will in future be referred to as "safety data sheets".
Various other amendments are made to clarify or correct references and terminology.
Workplace Safety and Insurance Act, 1997
Minor corrections are made to sections 12.1 and 12.3 of the Act.
Sections 45 and 46 of the Act are amended to address when payments for loss of retirement income and compensation for non-economic loss benefit are paid as lump sums or as periodic payments.
Section 47 of the Act is amended to provide that, before the Board gives a worker's employer a copy of a physician's report about the worker's permanent impairment, the worker shall be notified that the Board proposes to do so and shall be given an opportunity to object to the disclosure. The procedure set out in subsections 59 (2) to (6) of the Act for dealing with objections to disclosure would apply.
Subsection 57 (2) of the Act is amended to expand the category of persons who are entitled to access to documents when there is an issue in dispute and the worker is deceased.