EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 276 and does not form part of the law. 
Bill 276 has been enacted as Chapter 25 of the Statutes of Ontario, 2021.

Schedule 1
Class Proceedings Act, 1992

The Schedule amends the Class Proceedings Act, 1992. Clause 29.1 (1) (c) of the Act is re-enacted to remove the requirement that the court order the proceeding not be dismissed as one of the elements to the exception to the court’s obligation to dismiss a proceeding for delay. The Schedule also amends the French version of clause 29.1 (1) (b) of the Act to make it consistent with the English version of the Act.

Schedule 2
Corporations Act

The Schedule amends section 335 of the Corporations Act to clarify that the replacement provision for section 125.1 of the Act set out in Schedule 2 to the Act is to be read without the reference to section 117 after section 117 is repealed. The Schedule also makes a related amendment to the Cutting Unnecessary Red Tape Act, 2017 to allow the repeal of section 125.1 of the Corporations Act to come into force on a date to be named by proclamation.

Schedule 3
Education Act

The Education Act is amended to provide that the Minister has certain powers relating to the establishment of demonstration schools for exceptional pupils whose learning disabilities are such that a demonstration school program is required. The Act currently provides that the learning disabilities must be such that a residential setting is required.

The Schedule also amends the Act to add authority for the Lieutenant Governor in Council to make regulations regarding meetings held by the Centre Jules-Léger Consortium. The Act is amended to repeal sections 8 and 9 of Schedule 1 to the Act.

Schedule 4
Election Act

The Election Act is amended so that nomination papers for prospective candidates no longer have to name an auditor, but do have to provide the names of the persons who can accept contributions on behalf of the candidate and the financial institutions that will accept the deposits of contributions.

Schedule 5
Electricity Act, 1998

The Schedule repeals provisions of the Electricity Act, 1998 that require priority connection access to renewable energy generation facilities and the provision of information about a distribution system’s or transmission system’s ability to accommodate generation from a renewable energy generation facility. A related regulation making power is also repealed.

Schedule 6
Employment Standards Act, 2000

The Employment Standards Act, 2000 is amended to provide that an employment standards officer may require an employer to conduct an examination of the employer’s records, practices or both in relation to one or more provisions of the Act or the regulations. The employment standards officer may require the employer to provide specified information, including information about whether the employer has complied with the Act and the regulations and whether employees are owed wages and if so, the amounts owed. The current provisions in the Act respecting self-audits by employers are repealed.

Currently, an employer may only deposit wages for an employee at a financial institution if, among other conditions, an office or facility of the financial institution is located within a reasonable distance from the location where the employee usually works, unless the employee agrees otherwise. The Schedule repeals that condition.

Schedule 7
Family Responsibility and Support Arrears Enforcement Act, 1996

The Schedule amends the Family Responsibility and Support Arrears Enforcement Act, 1996 in respect of various issues. Section 7 of the Act is amended to grant discretion to the Director to refuse to enforce a support order or support deduction order, or any part of such support order or support deduction order. Sections 8 and 8.2 of the Act are amended to permit the recipient to terminate a support obligation provided for in a support order or support deduction order by giving notice to the Director.

The Act is also amended to include a new section 8.1.1, which provides the Director with discretion to discontinue enforcement or enforce a lesser amount of support with respect to a support order or support deduction order that pertains to a child who has reached the age of majority if certain conditions are met. Under subsection 8.1.1 (2), the Director may resume enforcement or reinstate the amount enforced before the reduction upon receipt of a written response from the recipient.

Finally, the Act is amended to include new subsections 50 (3), (4) and (5). Subsection 50 (3) permits the Director to serve a document issued by another Canadian jurisdiction on a person in Ontario for the purpose of attaching the income or funds referred to in that document if certain conditions are met. Subsection 50 (4) requires that the document be served in the same manner as a notice of support deduction order under the Act. Subsection 50 (5) provides that once a document is served, it has the same force and effect and may be dealt with in the same manner as a notice of support deduction order under the Act.

Schedule 8
Fish and Wildlife Conservation Act, 1997

The Schedule amends section 112 of the Fish and Wildlife Conservation Act, 1997 to clarify the regulation-making power to require holders of licences and authorizations under the Act to complete and submit reports to the Minister at such time as may be prescribed. In addition, the amendment adds a power to make regulations requiring the holder of a hunting licence who fails to submit a report at the prescribed time to pay a penalty in the amount prescribed.

Schedule 9
French Language Services Act

The Schedule amends the definition of “government agency” in the French Language Services Act to permit the designation of municipal homes and joint homes as public service agencies.

Schedule 10
Justices of the Peace Act

The Schedule amends clause 8 (3) (f) of the Justices of the Peace Act respecting the composition of the Justices of the Peace Review Council so that any licensees under the Law Society Act may be eligible for appointment to the Council, rather than just lawyers.

Schedule 11
Labour Relations Act, 1995

A technical amendment is made to the French version of section 102 of the Labour Relations Act, 1995.

Schedule 12
Law Society Act

Subsection 48 (1) of the Law Society Act, which provides for circumstances in which a licensee’s licence may be summarily revoked, is amended to add the circumstance that a suspension order made against the licensee under clause 45 (3) (b) or (c) of the Act is still in effect after 24 months.

Schedule 13
Liquor Licence and Control Act, 2019

The Schedule makes various amendments to the Liquor Licence and Control Act, 2019, which is not yet in force, including the following:

   1.  The definition of “wine” in subsection 1 (1) of the Act is re-enacted to specify that it is subject to regulations that may clarify the meaning of the term, and to distinguish between the natural sugars contained in fruit versus in other agricultural products such as honey.

   2.  Subsection 3 (4) of the Act is amended to permit additional ineligibility criteria for a licence to be added by regulations made under the Act.

   3.  Section 13 of the Act is amended to permit the Registrar to suspend a licence without issuing a proposal to do so, if the Registrar considers it to be necessary in the public interest. The licence holder’s entitlement to a hearing respecting the suspension is retained.

   4.  Section 16 of the Act, which deals with permits, is amended to make the section more consistent with corresponding provisions respecting licences.

Schedule 14
Mining Act

The Schedule amends the Mining Act to add a requirement for the Provincial Recording Office to maintain a licence of occupation registry in addition to its existing duty to maintain a mining claims registry. Complementary amendments are made to various provisions of the Act to reflect the addition of the new registry. As well, various provisions are amended to add express reference to licences of occupation.

In addition, section 52 of the Act is amended respecting the sale of the end product of the mining, milling or refining of more than a specified quantity of mineral bearing substance from an unpatented mining claim for the purpose of testing mineral content, as permitted by the Minister under subsection 52 (1). Under subsection 52 (3), the sale or disposition of the end product is prohibited until the mining claim from which the minerals were taken is leased under the Act. This prohibition is subject to an exception in subsection 52 (4), where the Minister may give written permission for such sale or disposition. The Schedule adds a subsection 52 (5) so that additional circumstances in which such sale or disposition is permitted may be prescribed by regulations made under the Act, and the regulations may also govern the sale or disposition.

Finally, a number of corrections are made to the French version of the Act.

Schedule 15
Modernizing Ontario for People and Businesses Act, 2020

The Modernizing Ontario for People and Businesses Act, 2020 is amended to repeal the term “administrative cost” and enact the terms “direct compliance cost” and “broader public sector organization”. Related and consequential amendments are made.

Schedule 16
Northern Ontario School of Medicine University Act, 2021

The Northern Ontario School of Medicine University Act, 2021 is enacted, which continues the Northern Ontario School of Medicine as the Northern Ontario School of Medicine University. The Act provides that the University may grant the degrees prescribed by regulation and other degrees that it may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000. Various other provisions and regulation-making powers are also enacted regarding the administration of the University.

Schedule 17
Not-for-Profit Corporations Act, 2010

A new Part XVI is added to the Not-for-Profit Corporations Act, 2010 to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period. The replacement provisions are set out in a new Schedule 1 to the Act. The replacement provisions address, among other things, the holding of meetings of members and directors by telephonic or electronic means and voting at meetings by alternate means.

The temporary suspension period for each section of Schedule 1 is the period that begins on the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and ends on December 31, 2021 and, if the regulations so provide for a particular section, a further prescribed period of time immediately following December 31, 2021. A new Part XVII is added to the Act to address transitional matters in connection with the application of Schedule 1.

Several housekeeping amendments are made to the Act as a consequence of certain provisions being repealed.

Schedule 18
Ontario Drug Benefit Act

The provisions of the Ontario Drug Benefit Act requiring the establishment of a Pharmacy Council and a Citizens’ Council are repealed.

Schedule 19
Ontario Energy Board Act, 1998

The Schedule amends two provisions of the Ontario Energy Board Act, 1998:

   1.  Subsection 70 (2.1) of the Act sets out conditions that are deemed to apply to every licence issued to a transmitter or distributor. The subsection is amended to remove a condition requiring a licensee to provide priority connection access to its transmission system or distribution system for specified renewable energy generation facilities.

   2.  Subsection 96 (2) of the Act sets out a limited list of factors that the Board may consider when it considers whether the construction, expansion or reinforcement of the electricity transmission line or electricity distribution line, or the making of the interconnection, is in the public interest. Promotion of the use of renewable energy sources is removed from the list.

Schedule 20
Ontario Immigration Act, 2015

Various amendments are made to the Ontario Immigration Act, 2015, including amendments to provide for the following:

   1.  A person licensed as an immigration and citizenship consultant in good standing under the College of Immigration and Citizenship Consultants Act (Canada) may act as a representative.

   2.  An inspector’s power to enter premises applies in respect of employers who have applied for an approval and persons who are applicants in a category for entrepreneurs or who have been approved in such a category.

   3.  The time for requesting an internal review of a decision or order is 30 days in all cases.

Schedule 21
Ontario Works Act, 1997

The Schedule amends the Ontario Works Act, 1997.

The Schedule changes the definition of employment assistance to employment and life stabilization assistance and makes related amendments. Amendments are made to sections 19 and 22.1 to update the rules related to overpayments.

Subsection 38 (1) of the Act is amended to provide that the Ministry can be designated as a delivery agent for a geographic area. Certain amendments to the Act are made to set out how those provisions apply in geographic areas in which the Ministry is or is not the delivery agent. With respect to geographic areas in which the Ministry is the delivery agent, new section 50 of the Act provides that a delivery partner can be designated to exercise prescribed powers and duties. New sections 50.1 and 50.2 are added setting out rules related to delivery partners. Various amendments to the Act are made to reflect that certain provisions that applied to delivery agents will also apply to delivery partners. Several amendments are made to the regulation-making powers set out in subsections 74 (1) and (2).

The Schedule repeals Schedule D to the Social Assistance Reform Act, 1997. Consequential and other amendments are also made to the District Social Services Administration Boards Act, the Insurance Act and the Ontario Disability Support Program Act, 1997.

Schedule 22
Opioid Damages and Health Care Costs Recovery Act, 2019

The Opioid Damages and Health Care Costs Recovery Act, 2019 is amended to reflect the addition of home and community care services to the Connecting Care Act, 2019 and the repeal of the Home Care and Community Services Act, 1994.

Schedule 23
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF eNERGY,
nORTHERN dEVELOPMENT AND mINES

The Schedule repeals amendments to section 62 of the Planning Act that were made by Schedule 6 to the COVID-19 Economic Recovery Act, 2020 but are not yet in force. The Schedule makes different amendments to that section, to provide for specified projects undertaken by transmitters within the meaning of the Electricity Act, 1998 or by Ontario Power Generation Inc. that have met specified criteria under the Environmental Assessment Act to be exempted from the Planning Act and from section 113 or 114 of the City of Toronto Act, 2006.

Schedule 24
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF mUNICIPAL aFFAIRS AND hOUSING

The Schedule amends the Planning Act. The principal amendments to the Act are described below.

Amendments are made in relation to the exceptions to subdivision control under subsection 50 (3) of the Act as follows:

   1.  A new clause 50 (3) (a.1) is added to provide an exception in respect of land that is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have otherwise merged in the person as a result of the death of one of the joint tenants.

   2.  The existing exception under clause 50 (3) (b) currently applies where the person undertaking the transaction does not retain a specified interest in any abutting land other than the whole of one or more lots within a registered plan of subdivision. The clause is re-enacted to expand the types of abutting land in which a specified interest can be retained.

   3.  The existing exception under clause 50 (3) (g) currently applies where land is acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line and is being disposed of to the person from whom it was acquired. The clause is re-enacted to provide that the exception also applies where such land is disposed of to the successor in title to the person from whom it was acquired. The re-enacted clause also requires that the person to whom the land is being disposed of must hold a specified interest in land abutting the land being disposed of.

Similar changes are made in relation to the exceptions to part-lot control under subsection 50 (5).

Subsection 50 (18) is re-enacted to prohibit any foreclosure or exercise of a power of sale from having any effect in law unless all the land subject to the mortgage or charge is included in the foreclosure or exercise of the power of sale or the land could otherwise be conveyed in compliance with section 50. Consequential amendments are made to subsections 50 (1.1) to (1.5) and 54 (2.1), (2.2), (6.1) and (7) and 55 (1).

Various amendments are made to section 51 of the Act to enhance requirements in relation to public notice, information and public meetings in relation to the process associated with applications for plans of subdivision. Subsections 51 (35) and (50) are amended to require, after a notice of appeal is received, the approval authority to forward to the Tribunal such information and material as the Tribunal may require.

Currently, subsection 53 (1) provides that an owner or chargee of land or such owner’s or chargee’s agent may apply for a consent as defined in subsection 50 (1). An amendment is made to also permit a purchaser of land or the purchaser’s agent to apply for a consent.

A new subsection 53 (4.2.1) provides that an application for a consent may be amended by an applicant at any time before the council or the Minister gives or refuses to give a consent. If the application is amended, a new subsection 53 (4.2.2) permits imposition of terms as the council or Minister considers appropriate.

Amendments are made to section 53 in relation to the process associated with consent applications. A new subsection 53 (5.1) provides that a regulation requiring a public meeting may also specify other requirements in relation to the meeting. Subsections 53 (15) and (28) are amended to require, after a notice of appeal is received, the clerk of a municipality or the Minister, as the case may be, to forward to the Tribunal such information and material as the Tribunal may require.

Currently, subsection 53 (41) deems an application for consent to be refused if, after the applicable one-year period, the conditions imposed on the application have not been fulfilled. An amendment is made to change the one-year period to a two-year period.

A new subsection 53 (42.1) sets out circumstances in which the clerk of a municipality or the Minister, as the case may be, is required to issue a certificate to an applicant for a consent for the retained land in an application for consent. A definition of “retained land” is also added to section 50.

New subsections 53 (45) to (48) set out rules governing the issuance of certificates of cancellation, where applied for by the owner of the land or the owner’s agent. A new subsection 53 (49) sets out rules that apply after the registration of the certificate of cancellation. Consequential amendments are made to subsections 50 (1.1) to (1.5), 54 (2.1), (6.1) and (7) and 55 (1).

Schedule 25
Regulated Health Professions Act, 1991

The Regulated Health Professions Act, 1991 is amended to repeal the provisions that establish and govern the Health Professions Regulatory Advisory Council. Related amendments are made to the Act and to various health professions Acts to repeal references to the Advisory Council.

Schedule 26
Statute Labour Act

The Schedule amends the Statute Labour Act and makes complementary amendments to another Act. Existing section 38 is repealed and replaced with new section 38 which provides that a road commissioner shall dispose of the assets and liabilities of their office and sets out an exception to that requirement. The Schedule repeals section 39 of the Act.

Schedule 27
Statutory Powers Procedure Act

The Schedule adds a new section 29 to the Statutory Powers Procedure Act that imposes prohibitions on various activities relating to the recording of proceedings to which the Act applies, including taking or attempting to take photographs, audio or video recordings or other records at hearings and in other specified circumstances, as well as disseminating the photographs, recordings and records. The prohibitions are subject to a number of stated exceptions. Every person who contravenes a prohibition in section 29 is guilty of an offence and on conviction is liable to a fine of not more than $25,000. Consequential amendments are made to the Police Services Act and the Veterinarians Act.

In addition, the Schedule amends the Statutory Powers Procedure Act by,

  (a)  amending clause 3 (2) (d) to reflect changes in other legislation; and

  (b)  amending subsection 14 (1) to make a change in the French version.

Schedule 28
Université de Hearst Act, 2021

The Université de Hearst Act, 2021 is enacted, which continues the Collège de Hearst as the Université de Hearst. The Act provides that the University may grant the degrees prescribed by regulation and other degrees that it may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000. Various other provisions and regulation-making powers are also enacted regarding the administration of the University.

Bill 276 2021

An Act to enact and amend various Acts

CONTENTS

 

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

Contents of this 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.

(2)  The Schedules to this Act come into force as provided in each Schedule.

(3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Supporting Recovery and Competitiveness Act, 2021.

Schedule 1
Class Proceedings Act, 1992

1 (1)  The French version of clause 29.1 (1) (b) of the Class Proceedings Act, 1992 is amended by adding “autres” before “mesures nécessaires”.

(2)  Clause 29.1 (1) (c) of the Act is repealed and the following substituted:

  (c)  the court has established a timetable for service of the representative plaintiff’s motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding; or

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 2
Corporations Act

1 Section 335 of the Corporations Act is amended by adding the following subsection:

Interpretation of s. 3 of Schedule 2

(3)  On and after the day section 117 is repealed by section 27 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017, subsection 125.1 (2) of the replacement provision set out in section 3 of Schedule 2 to this Act shall be read without reference to “Despite section 117,”.

Cutting Unnecessary Red Tape Act, 2017

2 Subsection 85 (5) of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 is amended by striking out “31 (2), 33 (2)” and substituting “33 (2)”.

Commencement

3 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on the later of the day section 27 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 3
Education Act

1 (1)  Subsection 13 (5) of the Education Act is amended by striking out “residential setting” in the portion after clause (b) and substituting “demonstration school program”.

(2)  Subsection 13 (5.0.1) of the Act is repealed.

2 (1)  Subsection 13.1 (12) of the Act is amended by adding the following clauses:

(a.1) prescribing the number of meetings of the Consortium;

(a.2) governing the circumstances in which the chair of the Consortium is required to be physically present in the meeting room of the Consortium for meetings of the Consortium;

(2)  Section 13.1 of the Act is amended by adding the following subsection:

Same

(12.1)  A regulation under clause (12) (a.1) or (a.2) may set out rules with respect to periods of time before the regulation is filed.

3 Sections 8 and 9 of Schedule 1 to the Act are repealed.

Consequential amendment

4 Subsection 10 (1) of Schedule 12 to the Stronger, Fairer Ontario Act (Budget Measures), 2017 is repealed.

Commencement

5 (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Subsection 1 (2) comes into force on the later of September 1, 2021 and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(3)  Sections 2 and 3 come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 4
Election Act

1 Clause 27 (2) (m) of the Election Act is repealed and the following substituted:

(m)  the names of all persons authorized by the prospective candidate to accept contributions in respect of their candidacy;

(m.1)  the name and address of every financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the prospective candidate as the depositories for all contributions made to that person in respect of their candidacy;

(m.2)  the names of the persons responsible for each depository referred to in clause (m.1); and

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 5
Electricity Act, 1998

1 Section 25.37 of the Electricity Act, 1998 is repealed.

2 Subsections 26 (1.1), (1.2) and (1.3) of the Act are repealed.

3 Clause 114 (1.4) (0.a.1) of the Act is repealed.

Commencement

4 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 6
Employment Standards Act, 2000

1 The French version of clause (a) of the definition of “wages” in subsection 1 (1) of the Employment Standards Act, 2000 is amended by striking out “en espèces” and substituting “en argent”.

2 Subsection 11 (4) of the Act is amended by adding “and” at the end of clause (a), by striking out “and” at the end of clause (b) and by repealing clause (c).

3 Section 91 of the Act is amended by adding the following subsections:

Self-audit

(10.1)  In addition to the powers set out in subsection (6), an employment standards officer conducting an inspection may, by giving written notice, require an employer to conduct an examination of the employer’s records, practices or both in relation to one or more provisions of this Act or the regulations.

Examination and report

(10.2)  If an employer is required to conduct an examination under subsection (10.1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice.

Notice

(10.3)  A notice given under subsection (10.1) shall specify,

  (a)  the period to be covered by the examination;

  (b)  the provision or provisions of this Act or the regulations to be covered by the examination; and

  (c)  the date by which the employer must provide a report of the results of the examination to the employment standards officer.

Same

(10.4)  A notice given under subsection (10.1) may specify,

  (a)  the method to be used in carrying out the examination;

  (b)  the format of the report; and

  (c)  such information to be included in the employer’s report as the employment standards officer considers appropriate.

Same

(10.5)  Without restricting the generality of clause (10.4) (c), a notice given under subsection (10.1) may require the employer to include in the report to the employment standards officer,

  (a)  an assessment of whether the employer has complied with this Act or the regulations;

  (b)  if, pursuant to clause (a), the employer has included an assessment that the employer has not complied with this Act or the regulations;

         (i)  an assessment of whether one or more employees are owed wages, and

        (ii)  a description of the measures that the employer has taken or will take to ensure that this Act or the regulations will be complied with; and

  (c)  if, pursuant to subclause (b) (i), the employer has included an assessment that one or more employees are owed wages, the name of every employee who is owed wages, the amount of wages owed to each employee and an explanation of how the amount of wages owed to each employee was determined.

4 Section 91.1 of the Act is repealed.

Commencement

5 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 7
Family Responsibility and Support Arrears Enforcement Act, 1996

1 (1)  Subsection 7 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is amended by adding “or any part of such support order or support deduction order” after “support deduction order” in the portion before clause (a).

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

Deemed withdrawal

(3)  If the Director refuses to enforce an order or any part of such order under subsection (1), the Director shall notify the payor and the recipient and such order or any part of such order, as the case may be, shall be deemed to be withdrawn from the Director’s office on the date set out in the notice.

2 (1)  Subsection 8 (2) of the Act is amended by adding the following clause:

(a.1) the Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation has terminated;

(2)  Section 8 of the Act is amended by adding the following section:

Recipient’s Notice to Director

(5)  For the purposes of clause (2) (a.1), if a support order or related support deduction order is filed in the Director’s office, the recipient shall give the Director notice of a termination of a support obligation under such order, in the manner and at the time prescribed by the regulations.

3 The Act is amended by adding the following section:

Director’s discretion re child that has attained the age of majority

8.1.1  (1)  Despite section 5 and subject to section 8.3, with respect to a support order or support deduction order that is filed in the Director’s office and that pertains to a child who has attained the age of majority, the Director has discretion to discontinue enforcement or, in accordance with section 8.2, enforce a lesser amount of support if,

  (a)  the Director serves on the recipient a request to provide any information the Director considers necessary to establish that, with respect to the child who has attained the age of majority, the enforcement of the support obligation should continue; and

  (b)  the recipient does not respond in writing within 20 days after being served or the Director is of the opinion that the information provided by the recipient does not meet the requirements in clause (a).

Reinstatement

(2)  If, after the Director exercises discretion to discontinue enforcement or enforce a lesser amount in accordance with subsection (1), the Director receives a written response from the recipient to the Director’s request, the Director may resume enforcement or reinstate the amount enforced before the reduction.

Director’s discretion may be exercised upon payor’s request

(3)  The Director may exercise his or her discretion referred to in subsection (1) upon the written request of the payor.

4 Paragraph 2 of subsection 8.2 (2) of the Act is amended by adding the following subparagraph:

         iii.  The Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation under the order has terminated with respect to a child.

5 (1)  The English version of subsection 50 (1) of the Act is repealed and the following substituted:

Recognition of extra-provincial garnishments

50 (1)  The clerk of the Ontario Court of Justice or Family Court shall issue a notice of garnishment to enforce the support or maintenance obligation upon the filing of a garnishment process that,

  (a)  is issued outside Ontario and is directed to a garnishee in Ontario;

  (b)  states that it is issued in respect of support or maintenance; and

  (c)  is written in or accompanied by a sworn or certified translation into English or French.

(2)  Section 50 of the Act is amended by adding the following subsections:

Exception, support deduction document issued by another Canadian jurisdiction

(3)  The Director may serve a document on a person in Ontario for the purpose of attaching the income or funds referred to in that document, if the following conditions are met:

   1.  The document is filed in the Director’s office by a competent authority that is responsible for enforcement in another Canadian province or territory.

   2.  The Director is of the opinion that the document is similar in nature to a notice of support deduction order under this Act and has been issued by a competent authority in another Canadian province or territory.

   3.  The document relates to the income or funds of a payor who is required to make payments pursuant to a support obligation that is being enforced by a competent authority in another Canadian province or territory.

   4.  The payor has or is purported to have income or funds located in Ontario.

   5.  Any other conditions as may be prescribed by the regulations.

(4)  The document served under subsection (3) shall be served in the same manner as a notice of support deduction order under this Act may be served.

(5)  For the purposes of this Act, once the document referred to in subsection (3) is served, it has the same force and effect and may be dealt with in the same manner as a notice of support deduction order under this Act.

Commencement

6 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 8
Fish and Wildlife Conservation Act, 1997

1 Section 112 of the Fish and Wildlife Conservation Act, 1997 is amended by adding the following subsection:

Same

(2)  A regulation made under paragraph 52 of subsection (1) may, without limiting the generality of that paragraph,

  (a)  require the holder of a licence or of an authorization given under this Act to complete reports and submit them to the Minister or another person at such time as may be prescribed;

  (b)  establish rules governing the content and the submission of the reports; and

  (c)  require the holder of a hunting licence who fails to submit a report at the prescribed time to pay a penalty and prescribe the amount of the penalty.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 9
French Language Services Act

1 Clause (d) of the definition of “government agency” in section 1 of the French Language Services Act is amended by striking out “other than a municipal home or joint home established under Part VIII of the Long-Term Care Homes Act, 2007”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 10
Justices of the Peace Act

1 Clause 8 (3) (f) of the Justices of the Peace Act is amended by striking out “a lawyer” at the beginning and substituting “a licensee within the meaning of the Law Society Act”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 11
Labour Relations Act, 1995

1 The French version of section 102 of the Labour Relations Act, 1995 is amended by striking out “décision rendue” and substituting “directive donnée”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 12
Law Society Act

1 Clause 48 (1) (b) of the Law Society Act is amended by adding “or clause 45 (3) (b) or (c)” after “subsection 35 (1)”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 13
Liquor Licence and Control Act, 2019

1 The definition of “wine” in subsection 1 (1) of the Liquor Licence and Control Act, 2019 is repealed and the following substituted:

“wine”, subject to the regulations, means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of the natural sugar contents of,

  (a)  fruits, including grapes and apples, or

  (b)  other agricultural products containing sugar, including honey and milk. (“vin”)

2 (1)  Paragraph 7 of subsection 3 (1) of the Act is repealed and the following substituted:

   7.  A manufacturer’s licence to sell.

(2)  Subsection 3 (4) of the Act is amended by striking out “or” at the end of clause (e), by adding “or” at the end of clause (f) and by adding the following clause:

  (g)  a prescribed circumstance exists in relation to the category or class of the category of licence.

3 Paragraph 3 of subsection 4 (1) of the Act is amended by striking out “will be issued” at the end and substituting “would be issued”.

4 Subsections 7 (12) and (13) of the Act are repealed.

5 Subsection 8 (2) of the Act is amended by striking out “If, for the reason described in subsection 3 (6), the Registrar refuses to issue a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6)” at the beginning and substituting “If, for the reason described in subsection 3 (6), the issuance of a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) is refused”.

6 (1)  Clause 13 (1) (a) of the Act is repealed and the following substituted:

  (a)  the licensee would not be eligible for a licence under subsection 3 (4) or 3 (6) if the licensee were an applicant under section 3; or

(2)  Subsections 13 (2), (3) and (4) of the Act are repealed and the following substituted:

Suspension without proposal

(2)  The Registrar may suspend a licence issued under this Act without issuing a proposal if the Registrar considers it to be necessary in the public interest.

Notice and immediate effect

(3)  The Registrar shall serve notice of a suspension under subsection (2) on the licensee together with written reasons, and the suspension takes effect immediately on the licensee being served.

Notice requiring hearing

(4)  A notice served under subsection (3) shall inform the licensee 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, a notice in writing requiring a hearing by the Tribunal.

Hearing

(4.1)  Section 26 applies with respect to a notice served under subsection (3) in the same way as to a notice of a proposal issued under subsection (1), with necessary modifications.

Limit on further applications

(4.2)  If, for the reason described in subsection 3 (6), the Tribunal directs the Registrar to revoke a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6), the Registrar may propose, on notice to the owner of the property at which the 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.

Exception

(4.3)  If the Tribunal is satisfied that there has been a significant change in the circumstances in respect of the premises since the licence was revoked, the Tribunal may permit an application for a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) within the period specified by the Registrar under subsection (4.2).

7 (1)  Subsection 16 (2) of the Act is repealed and the following substituted:

Requirements

(2)  An applicant is not eligible for a permit if,

  (a)  the applicant would not be eligible for a licence to operate a liquor consumption premises for any ground described in subsection 3 (4), except as provided by the regulations; or

  (b)  the premises in respect of which the permit would be issued is disqualified under section 18.

(2)  Clause 16 (3) (a) of the Act is amended by striking out “eligible” and substituting “not ineligible”.

(3)  Subsection 16 (4) of the Act is repealed and the following substituted:

Issuance of permit

(4)  The Registrar shall issue a permit to an applicant if,

  (a)  the applicant complies with this Act, the regulations and the standards and requirements established by the Registrar under section 24, is not ineligible for a permit and pays the required fee; and

  (b)  the Registrar approves the application or the Tribunal directs the Registrar to issue the permit.

8 Subsection 25 (1) of the Act is amended by adding the following paragraph:

   7.  Restrict further applications for a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) in respect of the same premises, as described in subsection 13 (4.2).

Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020

9 Subsection 1 (4) of Schedule 26 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 is repealed.

Commencement

10 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Sections 1 to 3 and 5 to 8 come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 14
Mining Act

1 (1)  Subsection 1 (1) of the Mining Act is amended by adding the following definitions:

“licence of occupation registry” means the licence of occupation registry described in section 7.1; (“registre des permis d’occupation”)

“registry” means the mining claims registry or the licence of occupation registry, as applicable; (“registre”)

(2)  Section 1 of the Act is amended by adding the following subsection:

Interpretation of recording, record, etc.

(14)  For greater certainty and unless the contrary intention appears,

  (a)  a reference in this Act or the regulations to the recording of an entry, note, instrument or document is a reference to the entering of the entry, note, instrument or document in a registry;

  (b)  a reference in this Act or the regulations to a recorded right or interest is a reference to a right or interest that has been noted in a registry; and

  (c)  a reference in this Act or the regulations to a recorded claim holder is a reference to the holder of a mining claim registered in the mining claims registry.

2 Paragraph 6 of subsection 4.1 (1) of the Act is amended by striking out “the mining claims registry described in section 7” and substituting “a registry”.

3 Section 7 of the Act is repealed and the following substituted:

Mining claims registry

7 (1)  The Provincial Recording Office shall maintain the mining claims registry, which shall include,

  (a)  records of all mining claims;

  (b)  maps showing the locations of all mining claims;

  (c)  information about each claim holder as may be prescribed; and

  (d)  for each mining claim,

         (i)  an abstract in which all transfers, assessment work reports, exploration plans, exploration permits, orders, agreements, instruments, notes and other entries relating to the mining claim are recorded,

        (ii)  any assessment work reports, exploration plans and exploration permits relating to the mining claim, and

        (iii)  any orders, agreements, instruments or other documents relating to the mining claim that are in an electronic format.

Exception, Minister’s direction

(2)  Despite subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct that certain instruments or documents referred to in that subclause, or certain classes of such instruments or documents, not be included in the mining claim registry.

Licence of occupation registry

7.1  (1)  The Provincial Recording Office shall maintain the licence of occupation registry, which shall include,

  (a)  records of all licences of occupation;

  (b)  maps showing the locations of all lands to which a licence of occupation applies;

  (c)  information about each licence holder as may be prescribed; and

  (d)  for each licence of occupation,

         (i)  an abstract in which all transfers, assessment work reports, exploration plans, exploration permits, orders, agreements, instruments, notes and other entries relating to the licence are recorded,

        (ii)  any assessment work reports, exploration plans and exploration permits relating to the licence, and

        (iii)  any orders, agreements, instruments or other documents relating to the licence that are in an electronic format.

Exception, Minister’s direction

(2)  Despite subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct that certain instruments or documents referred to in that subclause, or certain classes of such instruments or documents, not be included in the licence of occupation registry.

Registries, general

7.2  (1)  The Provincial Recording Office shall maintain the registries,

  (a)  in an electronic format, subject to subsections (2) and (3); and

  (b)  in accordance with the requirements established under the Archives and Recordkeeping Act, 2006.

Non-electronic formats

(2)  The Minister may direct that certain instruments or documents relating to a mining claim or licence of occupation that are received in a format other than an electronic format be maintained as part of the applicable registry in the format in which they are received or in such other format as the Minister directs.

Legacy claims, licences of occupation

(3)  The Provincial Recording Office shall maintain all records, maps, documents or information required under section 7 or 7.1 with respect to legacy claims or to licences of occupation in an electronic format as part of the applicable registry, but they may also be maintained, together with other historical information, in other formats as the Minister directs.

Public availability

(4)  The records, maps, documents and information required under section 7 or 7.1 shall be made available to the public,

  (a)  through the mining lands administration system on a website of the Government of Ontario approved for this purpose or through such other means as may be determined with respect to section 7, 7.1 or both in accordance with the regulations; and

  (b)  at the Provincial Recording Office during normal business hours or at such other locations and times as the Minister directs.

Exception

(5)  Despite subsection (4), the instruments and documents referred to in subsection (2) that are maintained as part of a registry shall be made available to the public in the prescribed manner and place, subject to any prescribed conditions.

Personal information

(6)  Any personal information maintained as part of a registry is maintained for the purpose of creating a record that is available to the general public, as described in section 37 of the Freedom of Information and Protection of Privacy Act.

4 Subsections 8 (1) and (2) of the Act are repealed and the following substituted:

Deletion, correction and amendment to registry

(1)  A recorder may,

  (a)  delete, correct or amend an entry in a registry in accordance with the regulations;

  (b)  delete, correct or amend an entry in a registry because it does not comply with this Act or the regulations; and

  (c)  make entries in a registry with respect to documents received in other than electronic format and delete, correct and amend entries in a registry to reflect such documents.

Notice of deletion, etc.

(2)  A recorder shall notify any affected person in the prescribed manner, if the recorder deletes, corrects, amends or makes an entry in a registry in accordance with subsection (1).

5 Section 41 of the Act is amended by adding the following subsection:

Recording of termination, reinstatement

(4.0.1)  The termination or reinstatement of a licence of occupation under this section shall be recorded in the licence of occupation registry.

6 Section 41.1 of the Act is amended by adding the following subsection:

Recording of revocation

(5)  The revocation of a licence of occupation under subsection (1) shall be recorded in the licence of occupation registry.

7 (1)  Subsection 52 (3) of the Act is amended by adding “or (5)” after “subsection (4)”.

(2)  Section 52 of the Act is amended by adding the following subsection:

Same, prescribed circumstances, requirements

(5)  Subsection (3) does not apply if the sale or disposition is permitted by and conducted in accordance with the regulations.

8 (1)  Subsection 57 (1) of the Act is amended by adding “or licence of occupation” after “unpatented mining claim”.

(2)  Subsection 57 (2) of the Act is amended by,

  (a)  striking out “the mining claim” and substituting “a mining claim or licence of occupation”; and

  (b)  adding “or licence” after “the claim”.

(3)  Subsection 57 (3) of the Act is amended by striking out “the mining claim” and substituting “a mining claim or licence of occupation”.

9 (1)  Subsection 60 (1) of the Act is repealed and the following substituted:

Recording instruments

(1)  Except as otherwise expressly provided in this Act, no transfer or assignment of a mining claim or licence of occupation, and no agreement or other instrument affecting a mining claim, licence of occupation or any recorded right or interest acquired under this Act, shall be recorded in the applicable registry unless it satisfies the directives made by the Minister under subsection 4.1 (2) relating to the use of the mining lands administration system.

(2)  Subsection 60 (1.1) of the Act is amended by adding “or licence of occupation” after “a mining claim”.

10 Sections 61 and 62 of the Act are repealed and the following substituted:

Priority

61 After a mining claim, licence of occupation or other right or interest acquired under this Act has been recorded in a registry, every instrument other than a will affecting the claim or licence, as the case may be, or an interest therein is void as against a subsequent purchaser or transferee for valuable consideration without actual notice, unless the instrument is recorded in the registry before the recording of the instrument under which the subsequent purchaser or transferee claims.

Recording constitutes notice

62 The recording under this Act of an instrument relating to a mining claim or licence of occupation constitutes notice of the instrument to all persons claiming an interest in the claim or licence after the instrument is recorded, even if there is a defect in the requirements for recording.

11 Section 64 of the Act is amended by adding the following subsection:

Application to licences of occupation

(14)  Subsections (2.1), (2.2), (2.3), (3), (4.1) (4.2) and (6) to (13) apply with necessary modifications with respect to licences of occupation.

12 (1)  The French version of subsection 66 (1) of the Act is amended by striking out “la répartition entre les claims des crédits de travail d’évaluation” and substituting “l’allocation des crédits de travail d’évaluation aux claims”.

(2)  The French version of clause 66 (4) (b) of the Act is repealed and the following substituted:

   b)  fixe le montant des crédits de travail d’évaluation à accorder aux travaux faisant l’objet du rapport ainsi que l’allocation de ces crédits aux claims.

13 The French version of subsection 129 (1) of the Act is amended by striking out “à la face même” and substituting “au recto”.

14 (1)  Subsection 176 (1) of the Act is amended by adding the following paragraph:

1.2.1 governing the licence of occupation registry;

(2)  Paragraph 2.0.1 of subsection 176 (1) of the Act is amended by striking out “the mining claims registry” at the end and substituting “a registry”.

(3)  Subsection 176 (1) of the Act is amended by adding the following paragraph:

7.1  for the purposes of subsection 52 (5), permitting and governing the sale or disposition of the end product of the mining, milling and refining permitted under subsection 52 (1);

(4)  The French version of paragraph 10 of subsection 176 (1) of the Act is amended by striking out “de répartition des crédits entre les claims” at the end and substituting “d’allocation des crédits aux claims”.

15 The French version of subsection 179 (1) of the Act is amended by striking out “à la demande de la Couronne par voie d’instance” and substituting “par voie d’instance introduite par la Couronne”.

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

Recording of order

(2)  If an order under subsection (1) concerns an unpatented mining claim or a licence of occupation, the order shall be noted on the abstract for the claim or licence and recorded in the applicable registry.

Commencement

17 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Sections 1 to 11, subsections 14 (1) to (3) and section 16 come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 15
Modernizing Ontario for People and Businesses Act, 2020

1 (1)  The definition of “administrative cost” in subsection 1 (1) of the Modernizing Ontario for People and Businesses Act, 2020 is repealed.

(2)  Subsection 1 (1) of the Act is amended by adding the following definitions:

“broader public sector organization” has the same meaning as in the Broader Public Sector Accountability Act, 2010, and includes municipalities and long-term care homes; (“organisme du secteur parapublic”)

“direct compliance cost” means a direct cost of complying with a draft bill, regulation, policy or form, and includes administrative costs, fees, upfront capital costs, upfront operating costs and ongoing operating costs; (“frais directs de conformité”)

(3)  The definition of “regulated entity” in subsection 1 (1) of the Act is repealed and the following substituted:

“regulated entity”, subject to the regulations, includes every business, trade, occupation, profession, service, venture and broader public sector organization, whether or not carried on with a view to profit. (“entité réglementée”)

2 The heading before section 2 of the Act is repealed and the following substituted:

Control of Direct Compliance Costs

3 Subsection 2 (1) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

4 Clause 3 (a) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

5 (1)  Paragraph 1 of subsection 4 (1) of the Act is repealed and the following substituted:

   1.  Recognized national and international standards should be adopted.

(2)  Paragraph 3 of subsection 4 (1) of the Act is amended by striking out “stakeholders” and substituting “regulated entities”.

(3)  Paragraph 5 of subsection 4 (1) of the Act is amended by striking out “stakeholders” and substituting “regulated entities”.

6 (1)  Clause 10 (2) (c) of the Act is amended by striking out “administrative cost” and substituting “direct compliance cost”.

(2)  Clause 10 (2) (e) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

(3)  Clause 10 (2) (f) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

Commencement

7 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 16
Northern Ontario School of Medicine University Act, 2021

Definitions

1 In this Act,

“board” means the board of governors of the University; (“conseil”)

“Minister” means the Minister of Colleges and Universities or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“property” includes real and personal property; (“biens”)

“senate” means the senate of the University; (“sénat”)

“University” means the Northern Ontario School of Medicine University continued under section 2. (“Université”)

Northern Ontario School of Medicine continued

2 (1)  Northern Ontario School of Medicine is continued as a corporation without share capital under the name Northern Ontario School of Medicine University in English and Université de l’École de médecine du Nord de l’Ontario in French, and shall consist of the members of its board.

Conflict with Corporations Act

(2)  In the event of a conflict between a provision of this Act or a regulation made under it and a provision of the Corporations Act, this Act or the regulation made under it prevails.

Objects

3 The University has such objects and special missions as may be prescribed by regulation.

Powers

4 The University has all the powers necessary and incidental to its objects, including the power to grant the degrees prescribed by regulation and any other degrees the University may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000.

Affiliates

5 (1)  The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

The Laurentian University of Sudbury Act, 1960

(2)  Section 27 of The Laurentian University of Sudbury Act, 1960 does not apply to the University.

Board of governors

6 (1)  There shall be a board of governors of the University, composed of not less than 15 and not more than 30 members, as follows:

   1.  The president of the University, who shall be a member by virtue of office.

   2.  The chancellor of the University, if one is appointed, who shall be a member by virtue of office.

   3.  Five persons appointed by the Lieutenant Governor in Council who shall not be students, members of the teaching staff or non-teaching employees of the University.

   4.  One person elected by the teaching staff from among themselves.

   5.  One person elected by the students of the University from among themselves.

   6.  One person elected by the non-teaching employees of the University from among themselves.

   7.  Such other persons as may be set out in the by-laws of the board who shall be appointed by the board, and who shall not be students, members of the teaching staff or non-teaching employees of the University.

Composition and procedures

(2)  The board shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The board is responsible for governing and managing the affairs of the University and has the powers and duties prescribed by regulation.

Senate

7 (1)  There shall be a senate of the University, composed of the following members:

   1.  The following persons who are members by virtue of their office:

           i.  The president and dean of the University.

          ii.  The chancellor of the University, if one is appointed.

         iii.  The vice-president and provost of the University, if one is appointed.

         iv.  The registrar of the University.

          v.  The associate dean of each academic portfolio.

         vi.  The senior associate dean.

        vii.  The head of each academic division of the University, or the person designated by the head from within the teaching staff of each division.

       viii.  The assistant dean of admissions.

         ix.  The assistant dean of graduate studies.

          x.  The assistant dean of research.

         xi.  The director of research and health sciences library.

        xii.  The chair of each standing committee of the senate, or the person designated by the chair from within each standing committee.

   2.  Such number of persons, not exceeding eight, elected by the students of the University from among themselves, as set out in senate by-laws.

   3.  Such number of persons elected by the teaching staff from among themselves, as set out in senate by-laws, which number shall be at least twice the total number of all other members of the senate.

   4.  Two persons appointed by the senate who,

           i.  are members of the teaching staff of a university in Ontario, but not members of the teaching staff of the University, and

          ii.  are not engaged in the teaching of medicine or health sciences.

   5.  Such other persons as may be determined by senate by-law.

Composition and procedures

(2)  The senate shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The senate is responsible for determining and regulating the educational policy of the University and has the powers and duties prescribed by regulation.

Meetings

8 (1)  Subject to subsection (2), meetings of the board and of the senate shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the board or senate.

Closed meeting

(2)  The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate.

By-laws

(3)  The board and the senate shall publish their by-laws on the website of the University.

Chancellor

9 A chancellor of the University may be appointed, if the regulations provide for the appointment of a chancellor.

President

10 (1)  There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2)  The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Dean

(3)  The president of the University is also the dean of the University.

Property

11 (1)  The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Protection from expropriation

(2)  Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this subsection comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Use of property

(3)  The property and the revenue of the University shall be applied solely to achieving the objects of the University.

Investments

(4)  The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

12 The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve,

  (a)  borrow money and give security for money borrowed; and

  (b)  issue or give bonds, debentures and obligations as security.

Audits and reports

13 (1)  The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year.

Financial report

(2)  The University shall make a financial report annually to the Minister in such form and containing such information as the Minister may require.

Other reports

(3)  The University shall submit to the Minister such other reports as the Minister may require in such form and containing such information as the Minister may require.

Contracts with Laurentian University of Sudbury, Lakehead University, etc.

14 Any contract described as follows that was in effect on the day this section comes into force is subject to the regulations and to any amendments to the contract that may be prescribed by regulation:

   1.  A contract between the University and Laurentian University of Sudbury.

   2.  A contract between the University and Lakehead University.

   3.  A contract between the University and an entity related to Laurentian University of Sudbury or Lakehead University.

   4.  A contract between the University and any combination of the other parties referred to in paragraph 1, 2 or 3.

No cause of action re enactment of Act, etc.

15 (1)  No cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees and employees, or against the University or any current or former members of the board or senate or current or former officers or employees of the University,

  (a)  as a direct or indirect result of the enactment, amendment or repeal of any provision of this Act; or

  (b)  as a direct or indirect result of the making, amending or revoking of any provision of a regulation under this Act.

Proceedings barred

(2)  No proceeding, including but not limited to any proceeding in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.

Application

(3)  Without limiting the generality of subsection (2), that subsection applies to a proceeding, including any court, arbitral or administrative proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief or any form of damages or any other remedy or relief, or a claim to be compensated for any losses, including loss of earnings, loss of revenue or loss of profit.

Judicial review

(4)  This section does not apply to prevent an application for judicial review.

Not entitled to be compensated

16 Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection 15 (1).

Transition, board

17 (1)  Despite anything in this Act, but subject to subsection (2), the persons who were members of the board of directors or members of the Academic Council of the Northern Ontario School of Medicine on the day immediately before the day section 2 of this Act came into force shall, on and after that day, constitute the board and the senate, respectively, of the University.

Same

(2)  The board and senate constituted under subsection (1) shall not include any person who was a member of the board of directors or a member of the Academic Council of the Northern Ontario School of Medicine by virtue of an office that the person held at Laurentian University of Sudbury or Lakehead University.

Same

(3)  The board and the senate of the University shall, no later 12 months after the day section 2 of this Act comes into force, appoint or elect such new members of the board and senate as are necessary in order to ensure that the board and senate are constituted in accordance with the requirements of this Act.

Regulations

18 (1)  The Lieutenant Governor in Council may make regulations governing anything necessary or advisable for the effective administration and implementation of this Act, including regulations,

  (a)  prescribing the objects and special missions of the University;

  (b)  prescribing the degrees that the University may grant;

  (c)  governing the board of governors, including regulations,

         (i)  prescribing the powers and duties of the board,

        (ii)  governing the composition of the board, terms of office for board members, the filling of vacancies on the board, quorum requirements and conflicts of interest for board members,

        (iii)  authorizing the board to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (d)  governing the senate, including regulations,

         (i)  prescribing the powers and duties of the senate,

        (ii)  governing the composition of the senate, terms of office for senate members, the filling of vacancies on the senate and quorum requirements,

        (iii)  authorizing the senate to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (e)  governing the appointment of a chancellor of the University and prescribing the duties of the chancellor;

   (f)  governing contracts described in section 14, including specifying amendments to any such contract;

  (g)  defining any term or phrase used in this Act that is not defined in this Act;

  (h)  respecting any transitional matter the Lieutenant Governor in Council considers necessary or advisable in connection with the continuation of the University by this Act or with the administration or implementation of this Act, including regulations,

         (i)  governing the composition of the first board of the University and the first senate of the University,

        (ii)  governing the first by-laws, policies and other instruments of the University,

        (iii)  governing the recognition of credits and marks awarded to students of the University, and the rights and privileges of those students,

       (iv)  governing the legal effect of the continuance of the University, including matters concerning the vesting of property and the assumption of obligations, liabilities, and the benefits and burdens of contracts, collective agreements and covenants.

Application to existing property, etc.

(2)  If it so provides, a regulation made under subclause (1) (h) (iv) applies in respect of property, obligations, contracts, collective agreements and covenants that existed before the regulation comes into force.

Conflict

(3)  In the event of a conflict between a regulation made under clause (1) (h) and this Act, the regulation prevails.

Amendment to this Act

19 Subsection 2 (2) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Commencement

20 (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2)  Section 19 comes into force on the later of the day subsection 2 (2) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

21 The short title of the Act set out in this Schedule is the Northern Ontario School of Medicine University Act, 2021.

Schedule 17
Not-for-Profit Corporations Act, 2010

1 Subsection 103 (1) of the Not-for-Profit Corporations Act, 2010 is amended by striking out “A special resolution of the members or, if section 105 applies, of each applicable class or group of members, is required” at the beginning and substituting “A special resolution of the members is required”.

2 (1)  Subsection 111 (1) of the Act is amended by striking out “and, subject to subsection (4), to the members of each class or group of members” at the end.

(2)  Subsection 111 (5) of the Act is amended by striking out “Subject to subsection (4)” at the beginning.

3 Subsection 115 (5) of the Act, as re-enacted by subsection 28 (1) of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017, is repealed.

4 Subsection 116 (1) of the Act is amended by striking out “in accordance with subsections (2) to (4)” and substituting “in accordance with subsections (2) and (4)”.

5 Subsection 117 (5) of the Act is amended by striking out “This Act, except subsection (2) of this section” at the beginning and substituting “This Act”.

6 (1)  Subsection 118 (1) of the Act is amended by striking out “in accordance with subsections (2) to (6)” at the end and substituting “in accordance with subsections (2), (3) and (6)”.

(2)  Subsection 118 (6) of the Act is amended by striking out “of each class or group entitled to vote on it”.

7 (1)  Subsection 120 (3) of the Act is amended by striking out “and by each applicable class or group of members entitled to vote separately on the arrangement, in each case”.

(2)  Subsection 120 (4) of the Act is amended by striking out “if authorized by special resolution of the members, or of each applicable class or group of members, may apply to the court” and substituting “if authorized by special resolution of the members, may apply to the court”.

8 (1)  The Act is amended by adding the following Parts:

Part XVI
Special Rules During Temporary Suspension Period

Application of Schedule

211 (1)  The sections of Schedule 1 to this Act apply during the temporary suspension period, as described in subsection (2) for each section.

Temporary suspension period

(2)  The temporary suspension period, as referred to in each section of Schedule 1 to this Act, is the period that begins on the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and ends on December 31, 2021 and, if the regulations so provide for the section, a further prescribed period of time immediately following December 31, 2021.

Regulations

212 (1)  The Lieutenant Governor in Council may make regulations prescribing further periods of time for the purposes of subsection 211 (2).

Same

(2)  A regulation under subsection (1) may prescribe a different period of time for different sections of Schedule 1 to this Act and may provide for one or more extensions of a previously prescribed period.

Part XVII
Temporary Suspension Period — Transition

Minister’s regulations re transitional matters

213 (1)  The Minister may make regulations providing for such transitional matters as the Minister considers necessary or advisable in connection with the application of Schedule 1 to this Act.

Retroactive

(2)  A regulation under subsection (1) may be retroactive to a date no earlier than the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

(2)  Part XVI of the Act, as enacted by subsection (1), is repealed.

(3)  Part XVII of the Act, as enacted by subsection (1), is repealed.

9 (1)  The Act is amended by adding the following Schedule:

SCHEDULE 1
Special Rules During Temporary Suspension Period

Meeting by Electronic Means, Directors’ Meetings

1 The operation of subsection 34 (6) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meeting by electronic means

(6)  Despite any provision in the articles or by-laws of a corporation that provides otherwise, a meeting of directors or of a committee of directors may be held by such telephonic or electronic means as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, and a director participating in the meeting by those means is deemed for the purposes of this Act to be present at the meeting.

Meeting by Electronic Means, Members’ Meetings

2 (1)  The operation of subsection 53 (4) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meeting by electronic means

(4)  Despite any provision in the articles or by-laws of a corporation that provides otherwise, a meeting of the members of a corporation may be held by telephonic or electronic means and a member who, through those means, votes at the meeting or establishes a communications link to the meeting is deemed for the purposes of this Act to be present at the meeting.

(2)  The operation of subsection 53 (5) of the Act is temporarily suspended.

Voting, Members’ Meetings

3 The operation of subsections 58 (1) and (2) of the Act are temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Voting

(1)  Subject to subsection (3) and the articles or by-laws, voting at a meeting of members shall be by show of hands unless a ballot is demanded by a member or proxyholder entitled to vote at the meeting.

Ballot

(2)  Subject to subsection (3), a member or proxyholder may demand a ballot either before or after any vote.

Voting by alternate means

(3)  Despite any provision of this Act and the regulations, where a meeting of members is held by telephonic or electronic means in accordance with subsection 53 (4), the chair shall conduct the vote by a show of hands or by a ballot in accordance with subsections (1) and (2), if feasible, otherwise the chair may direct voting by alternate means.

4 (1)  The operation of subsection 67 (1) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Voting by mail or by telephonic or electronic means

(1)  Whether or not the articles or by-laws so provide, voting by mail or by telephonic or electronic means, in addition to or instead of voting by proxy, is permitted.

(2)  The operation of subsection 67 (2) of the Act is temporarily suspended.

(2)  Schedule 1 to the Act, as enacted by subsection (1), is repealed.

Commencement

10 (1)  Subject to subsections (2) to (4), this Schedule comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 3 comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(3)  Section 5 comes into force on the later of the day subsection 30 (2) of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(4)  Subsections 8 (2) and (3) and 9 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 18
ONTARIO DRUG BENEFIT ACT

1 Section 1.4 of the Ontario Drug Benefit Act is repealed.

2 Section 1.5 of the Act is repealed.

Commencement

3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 19
Ontario Energy Board Act, 1998

1 Paragraph 1 of subsection 70 (2.1) of the Ontario Energy Board Act, 1998 is repealed.

2 Paragraph 2 of subsection 96 (2) of the Act is repealed.

Commencement

3 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 20
Ontario Immigration Act, 2015

1 Clause 14 (1) (b) of the Ontario Immigration Act, 2015 is repealed and the following substituted:

  (b)  a person licensed and in good standing as an immigration and citizenship consultant under the College of Immigration and Citizenship Consultants Act (Canada) or a successor Act to it;

2 Section 15 of the Act is amended by striking out “A person who acts as a recruiter or a representative” at the beginning and substituting “An applicant and a person who acts as a recruiter or a representative”.

3 Subsection 19 (1) of the Act is amended by striking out “two” and substituting “five”.

4 Subsection 23 (2) of the Act is amended by adding the following paragraphs:

2.1  An employer who has applied for an approval.

.     .     .     .     .

   4.  A person who is an applicant in a category for entrepreneurs or who has been granted an approval in such a category.

5 Subsection 34 (2) of the Act is repealed and the following substituted:

Process for request

(2)  To exercise a right under this Act to request an internal review of a decision or an order, the person or body who has the right to make the request shall give written notice of the request to the director within 30 days after receiving notice of the decision or order, as the case may be.

6 Clause 37 (1) (h) of the Act is repealed and the following substituted:

  (h)  delegating to the Minister the power to make regulations respecting any matter that may be the subject of a regulation under subclause (e) (ii);

Commencement

7 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 21
Ontario Works Act, 1997

1 (1)  The definitions of “community participation”, “employment assistance” and “employment measures” in section 2 of the Ontario Works Act, 1997 are repealed.

(2)  The definition of “assistance” in section 2 of the Act is repealed and the following substituted:

   “assistance” means employment and life stabilization assistance and basic financial assistance; (“aide”)

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

   “delivery partner” for a geographic area means the delivery partner designated by the Minister to carry out prescribed powers and duties relating to the administration of this Act and the provision of assistance in that area; (“partenaire en prestation de services”)

   “employment and life stabilization assistance” means assistance under section 4; (“aide à l’emploi et à la stabilisation de la vie”)

2 Section 4 of the Act is repealed and the following substituted:

Employment and life stabilization assistance

4 Employment and life stabilization assistance is the prescribed assistance to help a person to become and stay employed.

3 Clauses (a) to (c) of subsection 7 (4) of the Act are repealed and the following substituted:

  (a)  participate in any prescribed employment and life stabilization assistance activities; and

4 Subsection 19 (2.1) of the Act is repealed and the following substituted:

Overpayment as debt

(2.1)  An overpayment by a delivery agent under this Act is a debt due to the delivery agent and may also be declared in writing by the Director to be a debt due to the Crown in right of Ontario.

Debt due to Ministry as delivery agent

(2.2)  For greater certainty, a debt due to the Ministry as a delivery agent is a debt due to the Crown in right of Ontario.

5 Section 22.1 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Method of recovery, debt due to the Crown

22.1  The Crown in right of Ontario may recover an overpayment that is a debt due to the Crown or that has been deemed or declared to be a debt due to the Crown by any remedy or procedure that is available to the Crown by law if the administrator has given a recipient a notice in writing under section 21 and,

.     .     .     .     .

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

Delivery agents designated

38 (1)  The Minister may by regulation designate the Ministry or a municipality, band or board as a delivery agent for each geographic area to exercise the powers and duties of a delivery agent in that geographic area.

7 Section 43 of the Act is repealed and the following substituted:

Administrator appointed, delivery agents other than the Ministry

43 (1)  With respect to geographic areas in which the Ministry is not the delivery agent, each delivery agent shall, with the approval of the Director, appoint an administrator to oversee the administration of this Act and the provision of assistance in the delivery agent’s geographic area.

Administrator appointed, Ministry as delivery agent

(2)  With respect to geographic areas in which the Ministry is the delivery agent, the Minister shall appoint an employee of the Ministry as administrator to oversee the administration of this Act and the provision of assistance in the delivery agent’s geographic area.

8 Section 50 of the Act is repealed and the following substituted:

Delivery partners designated

50 (1)  With respect to a geographic area in which the Ministry is the delivery agent, the Minister may by regulation, designate a municipality or district social services administration board as a delivery partner to exercise the powers and duties prescribed by the Minister to the delivery partner.

More than one geographic area

(2)  For greater certainty, the same delivery partner may be designated in more than one geographic area and more than one delivery partner may be designated in any geographic area.

Terms and conditions

(3)  The Minister may attach terms and conditions to a designation or prescription under subsection (1).

Revoke designation

(4)  The Minister may revoke a designation under this section.

Powers and duties of delivery partner

50.1  (1)  A delivery partner is responsible for the powers and duties relating to the administration of this Act and the provision of assistance that have been prescribed by the Minister to the delivery partner in the delivery partner’s geographic area.

Standard of delivery partner

(2)  A delivery partner shall meet the standards prescribed by the Minister in its performance of its powers and duties and follow the procedures and practices prescribed by the Minister.

Decision made by delivery partner

(3)  A decision made by a delivery partner respecting a power or duty that is prescribed by the Minister shall be deemed to be a decision of the administrator.

Costs

50.2  A delivery partner shall pay the costs assigned to it by the regulations.

9 (1)  Subsection 52 (1) of the Act is amended by striking out the portion before clause (a) and substituting:

Payments to delivery agents

(1)  With respect to geographic areas in which the Ministry is not the delivery agent, the Minister shall pay to every delivery agent,

.     .     .     .     .

(2)  Section 52 of the Act is amended by adding the following subsection:

Payments to delivery partner

(1.1)  With respect to geographic areas in which the Ministry is the delivery agent, the Minister shall pay to every delivery partner,

  (a)  an amount determined in accordance with the regulations for Ontario’s share of the delivery partner’s costs incurred under this Act; and

  (b)  if there is a territory without municipal organization in the delivery partner’s geographic area, the amount determined in accordance with the regulations for that territory’s share of the delivery partner’s costs incurred under this Act.

10 Section 53 of the Act is amended by adding the following subsection:

Same, delivery partners

(1.1)  If a geographic area includes more than one municipality, the municipalities’ share of a delivery partner’s costs incurred under this Act shall be apportioned among the prescribed municipalities in accordance with the regulations.

11 (1)  Section 54 of the Act is amended by adding the following subsection:

Same, delivery partner

(1.1)  Each municipality shall pay the amounts required to be provided by it for its share of a delivery partner’s costs under this Act to the delivery partner for its geographic area, on demand.

(2)  Subsection 54 (4) of the Act is amended by striking out “The delivery agent or Ontario” at the beginning and substituting “The delivery agent, delivery partner or Ontario”.

12 Section 55 of the Act is amended by adding “delivery partners,” after “delivery agents”.

13 (1)  Subsection 56 (1) of the Act is amended by striking out “delivery agent” and substituting “delivery partner or delivery agent other than the Ministry”.

(2)  Subsection 56 (4) of the Act is repealed and the following substituted:

Interest and penalty

(4)  The Minister may charge a delivery partner or delivery agent other than the Ministry the prescribed interest and penalty if the delivery partner or delivery agent other than the Ministry does not pay to Ontario an amount required to be paid under this Act.

14 (1)  Subsection 71 (7) of the Act is amended by adding “or delivery partner” after “a delivery agent”.

(2)  Section 71 of the Act is amended by adding the following subsection:

Delivery partner bound

(9.1)  A delivery partner is bound by the terms and conditions of an agreement with a government or body referred to in subsection (1) unless the delivery partner also has a similar agreement with that body.

(3)  Subsection 71 (12) of the Act is amended by adding “and delivery partner” after “and each delivery agent”.

15 (1)  Subsection 72 (1) of the Act is amended by adding “or delivery partner” after “delivery agent”.

(2)  Subsection 72 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Disclosure of information

(2)  A delivery agent or delivery partner may disclose personal information collected for the purpose of administering or enforcing this Act to any government or body with whom the delivery agent or delivery partner, as the case may be, has made an agreement referred to in subsection (1) if,

.     .     .     .     .

(3)  Subsection 72 (5) of the Act is repealed and the following substituted:

Collection of personal information

(5)  A delivery agent or delivery partner may collect personal information from a government or body with whom the delivery agent or delivery partner, as the case may be, has made an agreement under this section in accordance with that agreement.

16 Section 73 of the Act is amended by adding “and delivery partner” after “and each delivery agent”.

17 Section 73.1 of the Act is repealed.

18 (1)  Paragraphs 4 and 5 of subsection 74 (1) of the Act are repealed and the following substituted:

   4.  respecting employment and life stabilization assistance and the standards delivery agents must meet in providing employment and life stabilization assistance;

(2)  Subparagraph 9 (v) of subsection 74 (1) of the Act is repealed and the following substituted:

        (v)  the obligation to satisfy participation requirements related to employment and life stabilization assistance,

(3)  Subsection 74 (1) of the Act is amended by adding the following paragraph:

34.1 prescribing and assigning costs to a delivery partner;

(4)  Paragraphs 37 to 39 of subsection 74 (1) of the Act are repealed and the following substituted:

37.  respecting the determination of the amounts Ontario shall pay to delivery agents and delivery partners and that delivery agents and delivery partners shall pay to Ontario and the methods of determining those amounts, providing for the manner in which and the intervals at which payments shall be made, for the suspension or withholding of amounts payable by Ontario or part of them and for making deductions from them;

38.  respecting the apportionment among municipalities in a geographic area of their share of the delivery agent’s costs and the delivery partner’s costs incurred under this Act and, for the purpose, prescribing the municipalities that must share in that apportionment and the manner in which that share shall be recovered;

39.  providing for the recovery by Ontario from a delivery agent and delivery partner of any amounts paid by Ontario under this Act for which the delivery agent and the delivery partner are liable or for the recovery by Ontario or a delivery agent from a recipient of assistance or from his or her estate of amounts paid by Ontario or the delivery agent under this Act, and prescribing the circumstances and manner in which any such recovery may be made;

(5)  Subsection 74 (2) of the Act is repealed and the following substituted:

Regulations, Minister

(2)  The Minister may make regulations,

   1.  designating geographic areas and delivery agents and delivery partners for those geographic areas, for the purposes of this Act;

   2.  prescribing the powers and duties of a delivery partner for the purposes of this Act, the standards a delivery partner is to meet in carrying out its functions and the procedures and practices to be followed by the delivery partner;

   3.  prescribing standards a delivery agent is to meet in carrying out its functions and the procedures and practices to be followed by the delivery agent;

   4.  prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations;

   5.  respecting agreements between the Ministry and delivery partners and between delivery partners and third parties;

   6.  prescribing any matter referred to in this Act as prescribed by the Minister.

(6)  Subsection 74 (12) of the Act is amended by adding “or a delivery partner” after “delivery agent”.

19 Subsection 77 (1) of the Act is amended by adding “a delivery partner,” after “a delivery agent,”.

20 (1)  Section 78 of the Act is amended by striking out “delivery agent” and substituting “delivery agent other than the Ministry”.

(2)  Section 78 of the Act is amended by adding the following subsection:

Penalty, delivery partner

(2)  If a delivery partner fails to properly exercise a power or duty under this Act or the regulations, the Minister may deduct from the amount payable by Ontario a portion of the delivery partner’s share of the cost of administering this Act and providing assistance, in accordance with the regulations.

Social Assistance Reform Act, 1997

21 Schedule D to the Social Assistance Reform Act, 1997 is repealed.

22 The Act is amended by striking out “employment assistance” wherever it appears and substituting in each case “employment and life stabilization assistance”.

District Social Services Administration Boards Act

23 Clause 4 (1) (a) of the District Social Services Administration Boards Act is amended by adding “or delivery partner” after “a delivery agent”.

Insurance Act

24 Subsection 273.1 (1) of the Insurance Act is repealed and the following substituted:

Information to Ministry of Children, Community and Social Services, etc.

(1)  Every insurer shall provide the Ministry of Children, Community and Social Services, a municipality, a board established under the District Social Services Administration Boards Act, a band approved under section 15 of the General Welfare Assistance Act, a delivery agent or delivery partner under the Ontario Works Act, 1997 or a delivery agent under the Ontario Disability Support Program Act, 1997, with such information as may be prescribed by the regulations, including personal information, subject to such conditions as may be prescribed by the regulations.

Ontario Disability Support Program Act, 1997

25 (1)  Subsections 5 (2) and (3) of the Ontario Disability Support Program Act, 1997 are repealed.

(2)  Section 54 of the Act is amended by adding “or delivery partner” after “each delivery agent”.

Commencement

26 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 22
Opioid Damages and Health Care Costs Recovery Act, 2019

1 (1)  The definition of “health care benefits” in subsection 1 (1) of the Opioid Damages and Health Care Costs Recovery Act, 2019 is amended by adding the following clause:

(0.a) home and community care services under the Connecting Care Act, 2019,

(2)  Clause (b) of the definition of “health care benefits” in subsection 1 (1) of the Act is repealed and the following substituted:

  (b)  community services under the Home Care and Community Services Act, 1994, before its repeal,

Commencement

2 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 23
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF eNERGY, nORTHERN dEVELOPMENT AND mINES

1 (1)  Subsection 62 (1) of the Planning Act is repealed and the following substituted:

Exempted projects by transmitters, OPG

(1)  A project within the meaning of the Environmental Assessment Act is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if,

  (a)  the project is undertaken by a transmitter in respect of a transmission system, within the meaning of those terms under the Electricity Act, 1998, and,

         (i)  the project is approved under Part II.3 of the Environmental Assessment Act, or

        (ii)  the prescribed requirements for commencing the project under Part II.4 of the Environmental Assessment Act have been satisfied; or

  (b)  the project is undertaken by Ontario Power Generation Inc. and has been approved under Part II.3 of the Environmental Assessment Act.

(2)  Section 62 of the Act is amended by adding the following subsection:

Transition

(3)  Subsection (1), as it read on the day before the day subsection 1 (1) of Schedule 23 to the Supporting Recovery and Competitiveness Act, 2021 came into force, continues to apply to an undertaking approved under Part II.1 of the Environmental Assessment Act before the day Part II.1 of that Act was repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020.

COVID-19 Economic Recovery Act, 2020

2 Subsections 62 (2) and (3) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 are repealed.

Commencement

3 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 24
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF mUNICIPAL aFFAIRS AND hOUSING

1 Subsection 47 (2) of the Planning Act is amended by striking out “subsections 45 (4) to (8)” and substituting “subsections 45 (4) to (8.2)”.

2 (1)  Section 50 of the Act is amended by adding the following subsection:

Interpretation, “retained land”

(1.0.0.1)  For the purposes of this section and section 53, a reference to “retained land” refers to the whole of a parcel of land that abuts land that is the subject of a certificate given under subsection 53 (42) allowing the conveyance by way of a deed or transfer with a consent that was given on or after March 31, 1979 and that did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or other transaction.

(2)  Subsections 50 (1.1) to (1.5) of the Act are repealed and the following substituted:

Removal of power

(1.1)  The Minister may by order, accompanied by a written explanation for it, remove the powers of the council of a municipality under this section and sections 53 and 57 and the order may be in respect of one or more of the following:

   1.  One or more applications for a consent or for a certificate of validation specified in the order.

   2.  Any or all applications for consents or for certificates of validation made after the order is made.

   3.  One or more applications for a certificate of cancellation specified in the order.

   4.  Any or all applications for certificates of cancellation made after the order is made.

Minister to grant consents, etc.

(1.2)  If an order is made under subsection (1.1),

  (a)  the Minister has the power of the council to,

         (i)  grant consents or issue certificates of validation in respect of applications to which the order relates, and

        (ii)  issue certificates of cancellation in respect of applications to which the order relates; and

  (b)  the council shall forward to the Minister all papers, plans, documents and other materials that relate to any matter in respect of which the powers were removed and of which a final disposition was not made by the council before the power was removed.

Effect of revocation

(1.3)  If the Minister revokes the order or part of the order made under subsection (1.1),

  (a)  the power to grant consents or to issue certificates of validation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied; and

  (b)  the power to issue certificates of cancellation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied.

Delegation

(1.4)  If an order is made under subsection (1.1) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power which was removed from the council to grant consents or to issue certificates of validation or certificates of cancellation and the delegation may be subject to such conditions as the order provides.

Effect of revocation

(1.5)  If the Minister revokes the order or part of the order made under subsection (1.4),

  (a)  the power of the municipal planning authority to grant consents or to issue certificates of validation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied;

  (b)  the power of the municipal planning authority to issue certificates of cancellation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied; and

  (c)  the municipal planning authority shall forward to the Minister all papers, plans, documents and other materials that relate to any matter to which the revoked order or part of the order applied and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked.

(3)  Subsection 50 (3) of the Act is amended by adding the following clause:

(a.1) the land is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants;

(4)  Clause 50 (3) (b) of the Act is repealed and the following substituted:

  (b)  the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than,

         (i)  land that is the whole of one or more lots or blocks within one or more registered plans of subdivision,

        (ii)  land that is within a registered description under the Condominium Act, 1998, or

        (iii)  land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (5) applies to any subsequent conveyance or other transaction;

(5)  Clause 50 (3) (g) of the Act is repealed and the following substituted:

  (g)  the land or any use of or right therein was acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or

(6)  Subsection 50 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Part-lot control

(5)  If land is within a plan of subdivision registered before or after the coming into force of this section, no person shall convey any part of the land other than the whole of any lot or block by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of such part, or mortgage or charge such part, or enter into an agreement of sale and purchase of such part or enter into any agreement that has the effect of granting the use of or right in such part directly or by entitlement to renewal for a period of 21 years or more unless,

.     .     .     .     .

(7)  Clause 50 (5) (a) of the Act is repealed and the following substituted:

  (a)  the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than,

         (i)  land that is the whole of one or more lots or blocks within one or more registered plans of subdivision,

        (ii)  land that is within a registered description under the Condominium Act, 1998, or

        (iii)  land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (3) applies to any subsequent conveyance or other transaction;

(8)  Subsection 50 (5) of the Act is amended by adding the following clause:

(a.2) the land is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants;

(9)  Clause 50 (5) (g) of the Act is repealed and the following substituted:

  (g)  the land or any use of or right therein was acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or

(10)  Subsection 50 (6) of the Act is repealed and the following substituted:

Conveyance of retained land

(6)  Despite subsections (3) and (5), retained land may be conveyed or otherwise dealt with before the land that is the subject of the consent is dealt with, provided the retained land is conveyed or otherwise dealt with before the consent lapses under subsection 53 (43).

(11)  Subsection 50 (9) of the Act is amended by striking out “in a part of a building or structure for any period of years” at the end and substituting “in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for any period of years”.

(12)  Section 50 of the Act is amended by adding the following subsection:

Same

(9.1)  For greater certainty, subsection (9) applies to an agreement that has the effect of granting the use of or right in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for the lifetime of an individual.

(13)  Subsection 50 (18) of the Act is repealed and the following substituted:

Foreclosure or exercise of power of sale

(18)  No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law unless,

  (a)  all of the land that is then subject to the mortgage or charge is included in the foreclosure or exercise of the power of sale; or

  (b)  all of the land included in the foreclosure or exercise of the power of sale could otherwise be conveyed by way of a deed or transfer by the registered owner of the land in compliance with the provisions of this section.

(14)  Subsection 50 (18.1) of the Act is repealed.

(15)  Subsection 50 (23) of the Act is amended by adding “or otherwise determining compliance with this section” after “subclause (22) (c) (ii)”.

3 (1)  Subsection 51 (13) of the Act is amended by striking out “applies” at the end and substituting “applied”.

(2)  Subsection 51 (19.1) of the Act is amended by striking out “the clerk of the municipality” and substituting “the clerk of the local municipality”.

(3)  Subsection 51 (19.3.1) of the Act is amended by striking out “clause (19.4) (a) and subsections (20) and (21) do not apply” at the end and substituting “clause (19.4) (a) and subsections (19.4.1) and (20) to (21) do not apply”.

(4)  Subsection 51 (19.4) of the Act is repealed and the following substituted:

Notice of particulars and public access

(19.4)  Subject to subsection (19.4.1), within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Tribunal advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), the approval authority shall ensure that,

  (a)  the prescribed persons and public bodies are given notice of the application, in the prescribed manner, and that the notice is accompanied by the prescribed information; and

  (b)  the information and material provided under subsections (17) and (18) are made available to the public.

Exception

(19.4.1)  Subsection (19.4) does not apply if the land that is the subject of the application is not located in a municipality or in the planning area of a planning board.

Request by approval authority

(19.4.2)  An approval authority may request that a local municipality or a planning board having jurisdiction over the land that is proposed to be subdivided give the notice of the application referred to in clause (19.4) (a) and make the information and material referred to in clause (19.4) (b) available to the public.

Responsibilities

(19.4.3)  A local municipality or planning board that is requested under subsection (19.4.2) to give notice of the application shall ensure that the notice is given in accordance with clause (19.4) (a).

(5)  Subsection 51 (20) of the Act is repealed and the following substituted:

Public meeting

(20)  Before a decision is made by an approval authority under subsection (31), the approval authority shall ensure that a public meeting is held, if required by regulation, for the purpose of giving the public an opportunity to make representations in respect of the proposed subdivision.

Notice of meeting

(20.1)  Notice of the public meeting required under subsection (20),

  (a)  shall be given to the prescribed persons and public bodies, in the prescribed manner; and

  (b)  shall be accompanied by the prescribed information.

Participation in public meeting

(20.2)  Every person who attends a public meeting referred to in subsection (20) shall be given an opportunity to make representations in respect of the proposed subdivision.

Information

(20.3)  At a public meeting referred to in subsection (20), the approval authority shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (34), (39), (43) and (48).

Transition

(20.4)  For clarity, subsections (20.2) and (20.3) do not apply with respect to a public meeting held before the day those subsections came into force.

(6)  Clauses 51 (21.1) (a) and (b) of the Act are repealed and the following substituted:

  (a)  notice of the meeting is given in accordance with subsection (20.1);

  (b)  the public meeting is held in accordance with subsections (20), (20.2) and (20.3); and

(7)  Subsection 51 (35) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(8)  Subsection 51 (50) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

4 (1)  Subsection 53 (1) of the Act is repealed and the following substituted:

Same

(1)  An owner, chargee or purchaser of land, or such owner’s, chargee’s or purchaser’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

Same

(1.1)  For the purposes of subsection (1), a purchaser of land is a person who has entered into an agreement of purchase and sale to acquire the land and who is authorized in the agreement of purchase and sale to make the application.

(2)  Section 53 of the Act is amended by adding the following subsections:

Amendment to application

(4.2.1)  An application may be amended by the applicant at any time before the council or the Minister gives or refuses to give a consent.

Terms

(4.2.2)  If an application is amended by the applicant, the council or the Minister may impose such terms as the council or Minister considers appropriate, including terms,

  (a)  requiring the provision of additional information and material in relation to the amendment; and

  (b)  specifying that the time period referred to in subsection (14) is deemed not to have begun until the later of,

         (i)  the date the application was amended, and

        (ii)  if additional information and material was required under clause (a), the date on which all the information and material was provided.

Fees

(4.2.3)  For greater certainty, the council or the Minister may include fees in respect of an amendment to an application in its fees established under section 69 or 69.1, as the case may be.

Other

(4.2.4)  For greater certainty, subsection (4.2.1) shall not be construed as preventing a person from amending any other type of application under this Act.

(3)  Section 53 of the Act is amended by adding the following subsection:

Requirements re public meeting

(5.1)  If a regulation referred to in clause (5) (b) is made requiring a public meeting, the regulation may also specify one or more purposes of the public meeting, such persons or entities who are entitled to make representations at the public meeting and any information required to be made available at the public meeting.

(4)  Section 53 of the Act is amended by adding the following subsection:

Same

(12.1)  For greater certainty, the powers of a council or the Minister under subsection (12) apply to both the part of the parcel of land that is the subject of the application for consent and the remaining part of the parcel of land.

(5)  Subsection 53 (15) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(6)  Subsection 53 (17) of the Act is amended by adding “and” at the end of clause (b) and by repealing clause (c).

(7)  Subsection 53 (18.1) of the Act is amended by striking out “provisional consent” wherever it appears and substituting in each case “application”.

(8)  Subsection 53 (28) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(9)  Subsection 53 (39) of the Act is amended by striking out “If the decision of the Tribunal under subsection (34) is that a provisional consent be given” at the beginning and substituting “If a provisional consent has been given by the Tribunal under subsection (34)”.

(10)  Subsection 53 (40) of the Act is repealed and the following substituted:

Same

(40)  If a provisional consent has been given by the Minister or the council and there has been no appeal under subsection (19) or (27), subject to subsection (23), the consent shall be given. However, if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled.

(11)  Subsection 53 (41) of the Act is repealed and the following substituted:

Conditions not fulfilled

(41)  If conditions have been imposed and the applicant has not, within a period of two years after notice was given under subsection (17) or (24), whichever is later, fulfilled the conditions, the application for consent shall be deemed to be refused but, if there is an appeal under subsection (14), (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfil the conditions until the expiry of two years from the date of the order of the Tribunal issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (29) or (33).

Transition

(41.1)  For greater certainty, subsection (41), as it reads on and after the day subsection 4 (11) of Schedule 24 to the Supporting Recovery and Competitiveness Act, 2021 comes into force, does not apply with respect to an application that was, before that day, deemed to have been refused under subsection (41), as it read immediately before that day.

(12)  Section 53 of the Act is amended by adding the following subsection:

Same, retained land

(42.1)  If a consent has been given under this section to a conveyance of a part of a parcel of land and the consent did not stipulate that subsection 50 (3) or (5) applies to any subsequent conveyance or other transaction, the clerk of the municipality or the Minister, as the case may be, shall give the same form of certificate described in subsection (42) to the applicant for the retained land resulting from the consent, if the applicant, in making the application for consent,

  (a)  requests that the certificate be given; and

  (b)  provides a registrable legal description of the retained land.

(13)  Section 53 of the Act is amended by adding the following subsections:

Certificate of cancellation

(45)  An owner of land that was previously conveyed with a consent, or the owner’s agent duly authorized in writing, may apply to the council or the Minister, whichever is authorized to give a consent in respect of the land at the time of the application, for the issuance of a certificate of cancellation of such consent. The certificate must provide that subsection 50 (12) does not apply in respect of the land that was the subject of the consent and that subsection 50 (3) or (5), as the case may be, applies to a subsequent conveyance or other transaction involving the land.

Same, deemed delegation

(46)  A delegation by the Minister under section 4 or by a council or planning board under section 5 of the Minister’s authority for the giving of consents under this section shall be deemed to include the authority to issue certificates of cancellation under subsection (45).

Same, application

(47)  An application referred to in subsection (45) shall be accompanied by any prescribed information and material and such other information or material as the council or the Minister, as the case may be, requires.

Provision of certificate

(48)  If an application for a certificate of cancellation is made under subsection (45), the council or the Minister, as the case may be, may provide the certificate to the applicant.

Cancellation

(49)  After the registration of a certificate of cancellation referred to in subsection (45),

  (a)  subsection 50 (3) or (5), as the case may be, applies to any subsequent conveyance or other transaction involving land that is the subject of the certificate despite subsection 50 (12); and

  (b)  for the purposes of subsection 50 (3) or (5), as the case may be, the land that is the subject of the certificate is deemed not to be land that was previously conveyed by way of a deed or transfer with a consent.

5 (1)  Subsection 54 (2.1) of the Act is amended by striking out “to give approvals under subsection 50 (18) and” and substituting “to issue certificates of cancellation under subsection 53 (45) and”.

(2)  Subsection 54 (2.2) of the Act is amended by striking out “to give approvals under subsection 50 (18) or”.

(3)  Subsection 54 (6.1) of the Act is repealed and the following substituted:

Same

(6.1)  Where, under subsection (2) or (5), a committee of adjustment has the authority to issue certificates of cancellation under subsection 53 (45) and the authority to issue certificates of validation under section 57, subsections 45 (8) to (8.2) apply in the exercise of that authority, but subsections 45 (4) to (7) and (9) to (20) do not apply.

(4)  Subsection 54 (7) of the Act is amended by striking out “all applications for consent, for approval under subsection 50 (18) or for the issuance of a certificate of validation under section 57” and substituting “all applications for consent, for the issuance of a certificate of validation under section 57 or for the issuance of a certificate of cancellation under subsection 53 (45)”.

6 Subsection 55 (1) of the Act is amended by striking out “the authority to give approvals under subsection 50 (18) or the authority” and substituting “to issue certificates of cancellation under subsection 53 (45) or”.

7 Subsections 57 (6) and (7) of the Act are repealed and the following substituted:

Criteria for certificate

(6)  No certificate shall be issued under subsection (1) unless the land described in the certificate of validation conforms with the same criteria that apply to the granting of consents under section 53.

8 Paragraph 26 of subsection 70.1 (1) of the Act is repealed.

Commencement

9 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 25
Regulated Health Professions Act, 1991

1 The definition of “Advisory Council” in subsection 1 (1) of the Regulated Health Professions Act, 1991 is repealed.

2 (1)  Subsection 6 (1) of the Act is repealed and the following substituted:

Annual report

(1)  Each College shall report annually to the Minister on its activities and financial affairs.

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

Content and form

(4)  The Minister may specify the content and form of the annual reports submitted by the College and, where the Minister has done so, the annual reports shall contain that content and be in that form.

(3)  Subsection 6 (7) of the Act is repealed and the following substituted:

Additional audits

(7)  The College shall be subject, at any time, to any other audits relating to any aspect of its affairs as the Minister may determine to be appropriate, conducted by an auditor appointed by or acceptable to the Minister.

3 Sections 7 to 17 of the Act are repealed.

4 Section 38 of the Act is amended by striking out “the Advisory Council, a College, a Council, or a member, officer, employee, agent or appointee of the Advisory Council, a College” and substituting “a College, a Council, or a member, officer, employee, agent or appointee of a College”.

5 Subsection 84 (4) of Schedule 2 to the Act is repealed.

Audiology and Speech-Language Pathology Act, 1991

6 Section 9 of the Audiology and Speech-Language Pathology Act, 1991 is repealed.

Chiropody Act, 1991

7 Section 11 of the Chiropody Act, 1991 is repealed.

Chiropractic Act, 1991

8 Section 10 of the Chiropractic Act, 1991 is repealed.

Dental Hygiene Act, 1991

9 Section 10 of the Dental Hygiene Act, 1991 is repealed.

Dental Technology Act, 1991

10 Section 8 of the Dental Technology Act, 1991 is repealed.

Dentistry Act, 1991

11 Section 10 of the Dentistry Act, 1991 is repealed.

Denturism Act, 1991

12 Section 9 of the Denturism Act, 1991 is repealed.

Dietetics Act, 1991

13 Section 8 of the Dietetics Act, 1991 is repealed.

Homeopathy Act, 2007

14 Section 8 of the Homeopathy Act, 2007 is repealed.

Kinesiology Act, 2007

15 Section 8 of the Kinesiology Act, 2007 is repealed.

Massage Therapy Act, 1991

16 Section 8 of the Massage Therapy Act, 1991 is repealed.

Medical Laboratory Technology Act, 1991

17 Section 10 of the Medical Laboratory Technology Act, 1991 is repealed.

Medical Radiation and Imaging Technology Act, 2017

18 Section 10 of the Medical Radiation and Imaging Technology Act, 2017 is repealed.

Medicine Act, 1991

19 Section 10 of the Medicine Act, 1991 is repealed.

Midwifery Act, 1991

20 Section 9 of the Midwifery Act, 1991 is repealed.

Naturopathy Act, 2007

21 Section 9 of the Naturopathy Act, 2007 is repealed.

Nursing Act, 1991

22 Section 12 of the Nursing Act, 1991 is repealed.

Occupational Therapy Act, 1991

23 Section 8 of the Occupational Therapy Act, 1991 is repealed.

Opticianry Act, 1991

24 Section 10 of the Opticianry Act, 1991 is repealed.

Optometry Act, 1991

25 Section 10 of the Optometry Act, 1991 is repealed.

Pharmacy Act, 1991

26 Section 11 of the Pharmacy Act, 1991 is repealed.

Physiotherapy Act, 1991

27 Section 9 of the Physiotherapy Act, 1991 is repealed.

Psychology Act, 1991

28 Section 9 of the Psychology Act, 1991 is repealed.

Psychotherapy Act, 2007

29 Section 9 of the Psychotherapy Act, 2007 is repealed.

Respiratory Therapy Act, 1991

30 Section 10 of the Respiratory Therapy Act, 1991 is repealed.

Traditional Chinese Medicine Act, 2006

31 Section 9 of the Traditional Chinese Medicine Act, 2006 is repealed.

Commencement

32 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 26
Statute Labour Act

1 Sections 38 and 39 of the Statute Labour Act are repealed and the following substituted:

Transition

38 (1)  Subject to subsection (2), a person who is elected as a road commissioner in 2021 shall dispose of the assets and liabilities of the office for which they are elected commissioner.

Exception, board established under the Local Roads Board Act

(2)  If a road commissioner has jurisdiction over an area in which a board is established, on or before December 31, 2021, under the Local Roads Boards Act, subsection (1) does not apply to assets in respect of such area.

Better for People, Smarter for Business Act, 2019

2 Subsection 15 (3) of Schedule 14 to the Better for People, Smarter for Business Act, 2019 is amended by striking out “July 1, 2021” and substituting “January 1, 2022”.

Commencement

3 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 27
Statutory Powers Procedure Act

1 Clause 3 (2) (d) of the Statutory Powers Procedure Act is repealed and the following substituted:

  (d)  before an arbitrator to which the Arbitration Act, 1991 or the Labour Relations Act, 1995 applies;

2 The French version of subsection 14 (1) of the Act is amended by striking out “, notamment à la demande de la Couronne” and substituting “introduite notamment par la Couronne”.

3 The Act is amended by adding the following section:

Prohibition on photographs, recordings, dissemination

29 (1)  No person shall,

  (a)  take or attempt to take a photograph, audio or video recording or other record capable of producing or transmitting visual or aural representations by electronic means or otherwise,

         (i)  at a hearing,

        (ii)  of any person entering or leaving the room in which a hearing is to be or has been convened, or

        (iii)  of any person in the building in which a hearing is to be or has been convened if there is reasonable ground for believing that the person is there for the purpose of attending or leaving the hearing, other than in an area of the building designated by the tribunal for the purpose and with the person’s consent;

  (b)  publish, broadcast, reproduce or otherwise disseminate a photograph, recording or record taken in contravention of clause (a); or

  (c)  broadcast, reproduce or otherwise disseminate an audio recording described in clause (2) (b).

Non-application

(2)  Subsection (1) does not apply with respect to,

  (a)  the unobtrusive making of notes or sketches of events at a hearing by a person;

  (b)  the making of an audio recording at a hearing, unobtrusively and in a manner authorized by the tribunal, by a representative, a party acting on their own behalf or a journalist, for the sole purpose of supplementing or replacing notes; or

  (c)  subject to the authorization of the tribunal, any act referred to in subsection (1),

         (i)  if it is required for the presentation of evidence, the making of a record or any other purpose of the hearing,

        (ii)  with the consent of the parties and witnesses, or

        (iii)  in connection with any ceremonial proceeding.

Offence and 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 $25,000.

Police Services Act

4 Section 83 of the Police Services Act is amended by adding the following subsection:

Same

(16.1)  Subsection (16) applies instead of section 29 of the Statutory Powers Procedure Act.

Veterinarians Act

5 (1)  Section 29 of the Veterinarians Act is amended by adding the following subsection:

Application of section

(5)  This section applies instead of section 29 of the Statutory Powers Procedure Act.

(2)  Subsection 33 (9) of the Act is amended by striking out “29 (1), (2) and (3)” and substituting “29 (1), (2), (3) and (5)”.

(3)  Subsection 37 (7) of the Act is amended by striking out “29 (1), (2) and (3)” and substituting “29 (1), (2), (3) and (5)”.

Commencement

6 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 28
Université de Hearst Act, 2021

Definitions

1 In this Act,

“board” means the board of governors of the University; (“conseil”)

“Minister” means the Minister of Colleges and Universities or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“property” includes real and personal property; (“biens”)

“senate” means the senate of the University; (“sénat”)

“University” means the Université de Hearst continued under section 2. (“Université”)

Collège de Hearst continued

2 (1)  Collège de Hearst is continued as a corporation without share capital under the name Université de Hearst and shall consist of the members of its board.

Conflict with Corporations Act

(2)  In the event of a conflict between a provision of this Act or a regulation made under it and a provision of the Corporations Act, this Act or the regulation made under it prevails.

Objects

3 The University has such objects and special missions as may be prescribed by regulation.

Powers

4 The University has all the powers necessary and incidental to its objects, including the power to grant the degrees prescribed by regulation and any other degrees the University may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000.

Affiliates

5 (1)  The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

The Laurentian University of Sudbury Act, 1960

(2)  Section 27 of The Laurentian University of Sudbury Act, 1960 does not apply to the University.

Board of governors composition

6 (1)  There shall be a board of governors of the University composed of the following members:

   1.  The president of the University, who shall be a member by virtue of office.

   2.  The chancellor of the University, if one is appointed, who shall be a member by virtue of office.

   3.  One person appointed by the president of the University from among the vice-presidents or other senior officers of the University.

   4.  Three persons elected by the teaching staff of the University from among themselves.

   5.  Two persons elected by the students of the University from among themselves.

   6.  Two persons elected by the non-teaching employees of the University from among themselves.

   7.  Five persons appointed by the Lieutenant Governor in Council, who shall not be students, members of the teaching staff or non-teaching employees of the University.

   8.  Nine other persons who shall be appointed by the board, who shall not be students, members of the teaching staff or non-teaching employees of the University.

Composition and procedures

(2)  The board shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The board is responsible for governing and managing the affairs of the University and has the powers and duties prescribed by regulation.

Senate

7 (1)  There shall be a senate of the University composed of not more than 40 members, including the following members:

   1.  The following persons who are members by virtue of their office:

           i.  The president of the University.

          ii.  The vice-president of the University.

         iii.  The registrar of the University.

   2.  Not less than two persons and not more than the number of persons that is one-fifth the total size of the senate, elected by the students of the University from among themselves, as set out in senate by-laws.

   3.  One person elected by the teaching staff of each teaching unit from among themselves.

   4.  One person elected by the teaching staff of the University from among themselves.

   5.  One person, other than the president or chancellor of the University, appointed by the board from among the board members.

   6.  Such other persons, other than the chancellor of the University, as may be determined by senate by-law.

Composition and procedures

(2)  The senate shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The senate is responsible for determining and regulating the educational policy of the University and has the powers and duties prescribed by regulation.

Meetings

8 (1)  Subject to subsection (2), meetings of the board and of the senate shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the board or senate.

Closed meeting

(2)  The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate.

By-laws

(3)  The board and the senate shall publish their by-laws on the website of the University.

Chancellor

9 A chancellor of the University may be appointed, if the regulations provide for the appointment of a chancellor.

President

10 (1)  There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2)  The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to the president by the board.

Property

11 (1)  The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Protection from expropriation

(2)  Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this subsection comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Use of property

(3)  The property and the revenue of the University shall be applied solely to achieving the objects of the University.

Investments

(4)  The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

12 The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve,

  (a)  borrow money and give security for money borrowed; and

  (b)  issue or give bonds, debentures and obligations as security.

Audits and reports

13 (1)  The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year.

Financial report

(2)  The University shall make a financial report annually to the Minister in such form and containing such information as the Minister may require.

Other reports

(3)  The University shall submit to the Minister such other reports as the Minister may require in such form and containing such information as the Minister may require.

Contracts with Laurentian University of Sudbury, etc.

14 Any contract described as follows that was in effect on the day this section comes into force is subject to the regulations and to any amendments to the contract that may be prescribed by regulation:

   1.  A contract between the University and Laurentian University of Sudbury.

   2.  A contract between the University and an entity related to Laurentian University of Sudbury.

   3.  A contract between the University and any combination of the other parties referred to in paragraph 1 or 2.

No cause of action re enactment of Act, etc.

15 (1)  No cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees and employees, or against the University or any current or former members of the board or senate or current or former officers or employees of the University,

  (a)  as a direct or indirect result of the enactment, amendment or repeal of any provision of this Act; or

  (b)  as a direct or indirect result of the making, amending or revoking of any provision of a regulation under this Act.

Proceedings barred

(2)  No proceeding, including but not limited to any proceeding in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.

Application

(3)  Without limiting the generality of subsection (2), that subsection applies to a proceeding, including any court, arbitral or administrative proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief or any form of damages or any other remedy or relief, or a claim to be compensated for any losses, including loss of earnings, loss of revenue or loss of profit.

Judicial review

(4)  This section does not apply to prevent an application for judicial review.

Not entitled to be compensated

16 Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection 15 (1).

Transition, board

17 (1)  Despite anything in this Act, but subject to subsection (2), the persons who were members of the board of governors or members of the senate of Collège de Hearst on the day immediately before the day section 2 of this Act came into force shall, on and after that day, constitute the board and the senate, respectively, of the University.

Same

(2)  The board and the senate of the University shall, no later 12 months after the day section 2 of this Act comes into force, appoint or elect such new members of the board and senate as are necessary in order to ensure that the board and senate are constituted in accordance with the requirements of this Act.

Regulations

18 (1)  The Lieutenant Governor in Council may make regulations governing anything necessary or advisable for the effective administration and implementation of this Act, including regulations,

  (a)  prescribing the objects and special missions of the University;

  (b)  prescribing the degrees that the University may grant;

  (c)  governing the board of governors, including regulations,

         (i)  prescribing the powers and duties of the board,

        (ii)  governing the composition of the board, terms of office for board members, the filling of vacancies on the board, quorum requirements and conflicts of interest for board members,

        (iii)  authorizing the board to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (d)  governing the senate, including regulations,

         (i)  prescribing the powers and duties of the senate,

        (ii)  governing the composition of the senate, terms of office for senate members, the filling of vacancies on the senate and quorum requirements,

        (iii)  authorizing the senate to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (e)  governing the appointment of a chancellor of the University and prescribing the duties of the chancellor;

   (f)  governing contracts described in section 14, including specifying amendments to any such contract;

  (g)  defining any term or phrase used in this Act that is not defined in this Act;

  (h)  respecting any transitional matter the Lieutenant Governor in Council considers necessary or advisable in connection with the continuation of the University by this Act or with the administration or implementation of this Act, including regulations,

         (i)  governing the composition of the first board of the University and the first senate of the University,

        (ii)  governing the first by-laws, policies and other instruments of the University,

        (iii)  governing the recognition of credits and marks awarded to students of the University, and the rights and privileges of those students,

       (iv)  governing the legal effect of the continuance of the University, including matters concerning the vesting of property and the assumption of obligations, liabilities, and the benefits and burdens of contracts, collective agreements and covenants.

Application to existing property, etc.

(2)  If it so provides, a regulation made under subclause (1) (h) (iv) applies in respect of property, obligations, contracts, collective agreements and covenants that existed before the regulation comes into force.

Conflict

(3)  In the event of a conflict between a regulation made under clause (1) (h) and this Act, the regulation prevails.

Amendment to this Act

19 Subsection 2 (2) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Commencement

20 (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2)  Section 19 comes into force on the later of the day subsection 2 (2) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

21 The short title of the Act set out in this Schedule is the Université de Hearst Act, 2021.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

 

EXPLANATORY NOTE

Schedule 1
Class Proceedings Act, 1992

The Schedule amends the Class Proceedings Act, 1992. Clause 29.1 (1) (c) of the Act is re-enacted to remove the requirement that the court order the proceeding not be dismissed as one of the elements to the exception to the court’s obligation to dismiss a proceeding for delay. The Schedule also amends the French version of clause 29.1 (1) (b) of the Act to make it consistent with the English version of the Act.

Schedule 2
Corporations Act

The Schedule amends section 335 of the Corporations Act to clarify that the replacement provision for section 125.1 of the Act set out in Schedule 2 to the Act is to be read without the reference to section 117 after section 117 is repealed. The Schedule also makes a related amendment to the Cutting Unnecessary Red Tape Act, 2017 to allow the repeal of section 125.1 of the Corporations Act to come into force on a date to be named by proclamation.

Schedule 3
Education Act

The Education Act is amended to provide that the Minister has certain powers relating to the establishment of demonstration schools for exceptional pupils whose learning disabilities are such that a demonstration school program is required. The Act currently provides that the learning disabilities must be such that a residential setting is required.

The Schedule also amends the Act to add authority for the Lieutenant Governor in Council to make regulations regarding meetings held by the Centre Jules-Léger Consortium. The Act is amended to repeal sections 8 and 9 of Schedule 1 to the Act.

Schedule 4
Election Act

The Election Act is amended so that nomination papers for prospective candidates no longer have to name an auditor, but do have to provide the names of the persons who can accept contributions on behalf of the candidate and the financial institutions that will accept the deposits of contributions.

Schedule 5
Electricity Act, 1998

The Schedule repeals provisions of the Electricity Act, 1998 that require priority connection access to renewable energy generation facilities and the provision of information about a distribution system’s or transmission system’s ability to accommodate generation from a renewable energy generation facility. A related regulation making power is also repealed.

Schedule 6
Employment Standards Act, 2000

The Employment Standards Act, 2000 is amended to provide that an employment standards officer may require an employer to conduct an examination of the employer’s records, practices or both in relation to one or more provisions of the Act or the regulations. The employment standards officer may require the employer to provide specified information, including information about whether the employer has complied with the Act and the regulations and whether employees are owed wages and if so, the amounts owed. The current provisions in the Act respecting self-audits by employers are repealed.

Currently, an employer may only deposit wages for an employee at a financial institution if, among other conditions, an office or facility of the financial institution is located within a reasonable distance from the location where the employee usually works, unless the employee agrees otherwise. The Schedule repeals that condition.

Schedule 7
Family Responsibility and Support Arrears Enforcement Act, 1996

The Schedule amends the Family Responsibility and Support Arrears Enforcement Act, 1996 in respect of various issues. Section 7 of the Act is amended to grant discretion to the Director to refuse to enforce a support order or support deduction order, or any part of such support order or support deduction order. Sections 8 and 8.2 of the Act are amended to permit the recipient to terminate a support obligation provided for in a support order or support deduction order by giving notice to the Director.

The Act is also amended to include a new section 8.1.1, which provides the Director with discretion to discontinue enforcement or enforce a lesser amount of support with respect to a support order or support deduction order that pertains to a child who has reached the age of majority if certain conditions are met. Under subsection 8.1.1 (2), the Director may resume enforcement or reinstate the amount enforced before the reduction upon receipt of a written response from the recipient.

Finally, the Act is amended to include new subsections 50 (3), (4) and (5). Subsection 50 (3) permits the Director to serve a document issued by another Canadian jurisdiction on a person in Ontario for the purpose of attaching the income or funds referred to in that document if certain conditions are met. Subsection 50 (4) requires that the document be served in the same manner as a notice of support deduction order under the Act. Subsection 50 (5) provides that once a document is served, it has the same force and effect and may be dealt with in the same manner as a notice of support deduction order under the Act.

Schedule 8
Fish and Wildlife Conservation Act, 1997

The Schedule amends section 112 of the Fish and Wildlife Conservation Act, 1997 to clarify the regulation-making power to require holders of licences and authorizations under the Act to complete and submit reports to the Minister at such time as may be prescribed. In addition, the amendment adds a power to make regulations requiring the holder of a hunting licence who fails to submit a report at the prescribed time to pay a penalty in the amount prescribed.

Schedule 9
French Language Services Act

The Schedule amends the definition of “government agency” in the French Language Services Act to permit the designation of municipal homes and joint homes as public service agencies.

Schedule 10
Justices of the Peace Act

The Schedule amends clause 8 (3) (f) of the Justices of the Peace Act respecting the composition of the Justices of the Peace Review Council so that any licensees under the Law Society Act may be eligible for appointment to the Council, rather than just lawyers.

Schedule 11
Labour Relations Act, 1995

A technical amendment is made to the French version of section 102 of the Labour Relations Act, 1995.

Schedule 12
Law Society Act

Subsection 48 (1) of the Law Society Act, which provides for circumstances in which a licensee’s licence may be summarily revoked, is amended to add the circumstance that a suspension order made against the licensee under clause 45 (3) (b) or (c) of the Act is still in effect after 24 months.

Schedule 13
Liquor Licence and Control Act, 2019

The Schedule makes various amendments to the Liquor Licence and Control Act, 2019, which is not yet in force, including the following:

   1.  The definition of “wine” in subsection 1 (1) of the Act is re-enacted to specify that it is subject to regulations that may clarify the meaning of the term, and to distinguish between the natural sugars contained in fruit versus in other agricultural products such as honey.

   2.  Subsection 3 (4) of the Act is amended to permit additional ineligibility criteria for a licence to be added by regulations made under the Act.

   3.  Section 13 of the Act is amended to permit the Registrar to suspend a licence without issuing a proposal to do so, if the Registrar considers it to be necessary in the public interest. The licence holder’s entitlement to a hearing respecting the suspension is retained.

   4.  Section 16 of the Act, which deals with permits, is amended to make the section more consistent with corresponding provisions respecting licences.

Schedule 14
Mining Act

The Schedule amends the Mining Act to add a requirement for the Provincial Recording Office to maintain a licence of occupation registry in addition to its existing duty to maintain a mining claims registry. Complementary amendments are made to various provisions of the Act to reflect the addition of the new registry. As well, various provisions are amended to add express reference to licences of occupation.

In addition, section 52 of the Act is amended respecting the sale of the end product of the mining, milling or refining of more than a specified quantity of mineral bearing substance from an unpatented mining claim for the purpose of testing mineral content, as permitted by the Minister under subsection 52 (1). Under subsection 52 (3), the sale or disposition of the end product is prohibited until the mining claim from which the minerals were taken is leased under the Act. This prohibition is subject to an exception in subsection 52 (4), where the Minister may give written permission for such sale or disposition. The Schedule adds a subsection 52 (5) so that additional circumstances in which such sale or disposition is permitted may be prescribed by regulations made under the Act, and the regulations may also govern the sale or disposition.

Finally, a number of corrections are made to the French version of the Act.

Schedule 15
Modernizing Ontario for People and Businesses Act, 2020

The Modernizing Ontario for People and Businesses Act, 2020 is amended to repeal the term “administrative cost” and enact the terms “direct compliance cost” and “broader public sector organization”. Related and consequential amendments are made.

Schedule 16
Northern Ontario School of Medicine University Act, 2021

The Northern Ontario School of Medicine University Act, 2021 is enacted, which continues the Northern Ontario School of Medicine as the Northern Ontario School of Medicine University. The Act provides that the University may grant the degrees prescribed by regulation and other degrees that it may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000. Various other provisions and regulation-making powers are also enacted regarding the administration of the University.

Schedule 17
Not-for-Profit Corporations Act, 2010

A new Part XVI is added to the Not-for-Profit Corporations Act, 2010 to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period. The replacement provisions are set out in a new Schedule 1 to the Act. The replacement provisions address, among other things, the holding of meetings of members and directors by telephonic or electronic means and voting at meetings by alternate means.

The temporary suspension period for each section of Schedule 1 is the period that begins on the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and ends on December 31, 2021 and, if the regulations so provide for a particular section, a further prescribed period of time immediately following December 31, 2021. A new Part XVII is added to the Act to address transitional matters in connection with the application of Schedule 1.

Several housekeeping amendments are made to the Act as a consequence of certain provisions being repealed.

Schedule 18
Ontario Drug Benefit Act

The provisions of the Ontario Drug Benefit Act requiring the establishment of a Pharmacy Council and a Citizens’ Council are repealed.

Schedule 19
Ontario Energy Board Act, 1998

The Schedule amends two provisions of the Ontario Energy Board Act, 1998:

   1.  Subsection 70 (2.1) of the Act sets out conditions that are deemed to apply to every licence issued to a transmitter or distributor. The subsection is amended to remove a condition requiring a licensee to provide priority connection access to its transmission system or distribution system for specified renewable energy generation facilities.

   2.  Subsection 96 (2) of the Act sets out a limited list of factors that the Board may consider when it considers whether the construction, expansion or reinforcement of the electricity transmission line or electricity distribution line, or the making of the interconnection, is in the public interest. Promotion of the use of renewable energy sources is removed from the list.

Schedule 20
Ontario Immigration Act, 2015

Various amendments are made to the Ontario Immigration Act, 2015, including amendments to provide for the following:

   1.  A person licensed as an immigration and citizenship consultant in good standing under the College of Immigration and Citizenship Consultants Act (Canada) may act as a representative.

   2.  An inspector’s power to enter premises applies in respect of employers who have applied for an approval and persons who are applicants in a category for entrepreneurs or who have been approved in such a category.

   3.  The time for requesting an internal review of a decision or order is 30 days in all cases.

Schedule 21
Ontario Works Act, 1997

The Schedule amends the Ontario Works Act, 1997.

The Schedule changes the definition of employment assistance to employment and life stabilization assistance and makes related amendments. Amendments are made to sections 19 and 22.1 to update the rules related to overpayments.

Subsection 38 (1) of the Act is amended to provide that the Ministry can be designated as a delivery agent for a geographic area. Certain amendments to the Act are made to set out how those provisions apply in geographic areas in which the Ministry is or is not the delivery agent. With respect to geographic areas in which the Ministry is the delivery agent, new section 50 of the Act provides that a delivery partner can be designated to exercise prescribed powers and duties. New sections 50.1 and 50.2 are added setting out rules related to delivery partners. Various amendments to the Act are made to reflect that certain provisions that applied to delivery agents will also apply to delivery partners. Several amendments are made to the regulation-making powers set out in subsections 74 (1) and (2).

The Schedule repeals Schedule D to the Social Assistance Reform Act, 1997. Consequential and other amendments are also made to the District Social Services Administration Boards Act, the Insurance Act and the Ontario Disability Support Program Act, 1997.

Schedule 22
Opioid Damages and Health Care Costs Recovery Act, 2019

The Opioid Damages and Health Care Costs Recovery Act, 2019 is amended to reflect the addition of home and community care services to the Connecting Care Act, 2019 and the repeal of the Home Care and Community Services Act, 1994.

Schedule 23
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF eNERGY,
nORTHERN dEVELOPMENT AND mINES

The Schedule repeals amendments to section 62 of the Planning Act that were made by Schedule 6 to the COVID-19 Economic Recovery Act, 2020 but are not yet in force. The Schedule makes different amendments to that section, to provide for specified projects undertaken by transmitters within the meaning of the Electricity Act, 1998 or by Ontario Power Generation Inc. that have met specified criteria under the Environmental Assessment Act to be exempted from the Planning Act and from section 113 or 114 of the City of Toronto Act, 2006.

Schedule 24
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF mUNICIPAL aFFAIRS AND hOUSING

The Schedule amends the Planning Act. The principal amendments to the Act are described below.

Amendments are made in relation to the exceptions to subdivision control under subsection 50 (3) of the Act as follows:

   1.  A new clause 50 (3) (a.1) is added to provide an exception in respect of land that is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have otherwise merged in the person as a result of the death of one of the joint tenants.

   2.  The existing exception under clause 50 (3) (b) currently applies where the person undertaking the transaction does not retain a specified interest in any abutting land other than the whole of one or more lots within a registered plan of subdivision. The clause is re-enacted to expand the types of abutting land in which a specified interest can be retained.

   3.  The existing exception under clause 50 (3) (g) currently applies where land is acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line and is being disposed of to the person from whom it was acquired. The clause is re-enacted to provide that the exception also applies where such land is disposed of to the successor in title to the person from whom it was acquired. The re-enacted clause also requires that the person to whom the land is being disposed of must hold a specified interest in land abutting the land being disposed of.

Similar changes are made in relation to the exceptions to part-lot control under subsection 50 (5).

Subsection 50 (18) is re-enacted to prohibit any foreclosure or exercise of a power of sale from having any effect in law unless all the land subject to the mortgage or charge is included in the foreclosure or exercise of the power of sale or the land could otherwise be conveyed in compliance with section 50. Consequential amendments are made to subsections 50 (1.1) to (1.5) and 54 (2.1), (2.2), (6.1) and (7) and 55 (1).

Various amendments are made to section 51 of the Act to enhance requirements in relation to public notice, information and public meetings in relation to the process associated with applications for plans of subdivision. Subsections 51 (35) and (50) are amended to require, after a notice of appeal is received, the approval authority to forward to the Tribunal such information and material as the Tribunal may require.

Currently, subsection 53 (1) provides that an owner or chargee of land or such owner’s or chargee’s agent may apply for a consent as defined in subsection 50 (1). An amendment is made to also permit a purchaser of land or the purchaser’s agent to apply for a consent.

A new subsection 53 (4.2.1) provides that an application for a consent may be amended by an applicant at any time before the council or the Minister gives or refuses to give a consent. If the application is amended, a new subsection 53 (4.2.2) permits imposition of terms as the council or Minister considers appropriate.

Amendments are made to section 53 in relation to the process associated with consent applications. A new subsection 53 (5.1) provides that a regulation requiring a public meeting may also specify other requirements in relation to the meeting. Subsections 53 (15) and (28) are amended to require, after a notice of appeal is received, the clerk of a municipality or the Minister, as the case may be, to forward to the Tribunal such information and material as the Tribunal may require.

Currently, subsection 53 (41) deems an application for consent to be refused if, after the applicable one-year period, the conditions imposed on the application have not been fulfilled. New subsections 53 (41.1) to (41.4) provide rules relating to a request to extend the one-year period that would otherwise apply by a period of up to one additional year. An amendment is made to change the one-year period to a two-year period.

A new subsection 53 (42.1) sets out circumstances in which the clerk of a municipality or the Minister, as the case may be, is required to issue a certificate to an applicant for a consent for the retained land in an application for consent. A definition of “retained land” is also added to section 50.

New subsections 53 (45) to (48) set out rules governing the issuance of certificates of cancellation, where applied for by the owner of the land or the owner’s agent. A new subsection 53 (49) sets out rules that apply after the registration of the certificate of cancellation. Consequential amendments are made to subsections 50 (1.1) to (1.5), 54 (2.1), (6.1) and (7) and 55 (1).

Schedule 25
Regulated Health Professions Act, 1991

The Regulated Health Professions Act, 1991 is amended to repeal the provisions that establish and govern the Health Professions Regulatory Advisory Council. Related amendments are made to the Act and to various health professions Acts to repeal references to the Advisory Council.

Schedule 26
Statute Labour Act

The Schedule amends the Statute Labour Act and makes complementary amendments to another Act. Existing section 38 is repealed and replaced with new section 38 which provides that a road commissioner shall dispose of the assets and liabilities of their office and sets out an exception to that requirement. The Schedule repeals section 39 of the Act.

Schedule 27
Statutory Powers Procedure Act

The Schedule adds a new section 29 to the Statutory Powers Procedure Act that imposes prohibitions on various activities relating to the recording of proceedings to which the Act applies, including taking or attempting to take photographs, audio or video recordings or other records at hearings and in other specified circumstances, as well as disseminating the photographs, recordings and records. The prohibitions are subject to a number of stated exceptions. Every person who contravenes a prohibition in section 29 is guilty of an offence and on conviction is liable to a fine of not more than $25,000. Consequential amendments are made to the Police Services Act and the Veterinarians Act.

In addition, the Schedule amends the Statutory Powers Procedure Act by,

  (a)  amending clause 3 (2) (d) to reflect changes in other legislation; and

  (b)  amending subsection 14 (1) to make a change in the French version.

Schedule 28
Université de Hearst Act, 2021

The Université de Hearst Act, 2021 is enacted, which continues the Collège de Hearst as the Université de Hearst. The Act provides that the University may grant the degrees prescribed by regulation and other degrees that it may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000. Various other provisions and regulation-making powers are also enacted regarding the administration of the University.

Bill 276 2021

An Act to enact and amend various Acts

CONTENTS

 

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

Contents of this 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.

(2)  The Schedules to this Act come into force as provided in each Schedule.

(3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Supporting Recovery and Competitiveness Act, 2021.

Schedule 1
Class Proceedings Act, 1992

1 (1)  The French version of clause 29.1 (1) (b) of the Class Proceedings Act, 1992 is amended by adding “autres” before “mesures nécessaires”.

(2)  Clause 29.1 (1) (c) of the Act is repealed and the following substituted:

  (c)  the court has established a timetable for service of the representative plaintiff’s motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding; or

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 2
Corporations Act

1 Section 335 of the Corporations Act is amended by adding the following subsection:

Interpretation of s. 3 of Schedule 2

(3)  On and after the day section 117 is repealed by section 27 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017, subsection 125.1 (2) of the replacement provision set out in section 3 of Schedule 2 to this Act shall be read without reference to “Despite section 117,”.

Cutting Unnecessary Red Tape Act, 2017

2 Subsection 85 (5) of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 is amended by striking out “31 (2), 33 (2)” and substituting “33 (2)”.

Commencement

3 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on the later of the day section 27 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 3
Education Act

1 (1)  Subsection 13 (5) of the Education Act is amended by striking out “residential setting” in the portion after clause (b) and substituting “demonstration school program”.

(2)  Subsection 13 (5.0.1) of the Act is repealed.

2 (1)  Subsection 13.1 (12) of the Act is amended by adding the following clauses:

(a.1) prescribing the number of meetings of the Consortium;

(a.2) governing the circumstances in which the chair of the Consortium is required to be physically present in the meeting room of the Consortium for meetings of the Consortium;

(2)  Section 13.1 of the Act is amended by adding the following subsection:

Same

(12.1)  A regulation under clause (12) (a.1) or (a.2) may set out rules with respect to periods of time before the regulation is filed.

3 Sections 8 and 9 of Schedule 1 to the Act are repealed.

Consequential amendment

4 Subsection 10 (1) of Schedule 12 to the Stronger, Fairer Ontario Act (Budget Measures), 2017 is repealed.

Commencement

5 (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Subsection 1 (2) comes into force on the later of September 1, 2021 and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(3)  Sections 2 and 3 come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 4
Election Act

1 Clause 27 (2) (m) of the Election Act is repealed and the following substituted:

(m)  the names of all persons authorized by the prospective candidate to accept contributions in respect of their candidacy;

(m.1)  the name and address of every financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the prospective candidate as the depositories for all contributions made to that person in respect of their candidacy;

(m.2)  the names of the persons responsible for each depository referred to in clause (m.1); and

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 5
Electricity Act, 1998

1 Section 25.37 of the Electricity Act, 1998 is repealed.

2 Subsections 26 (1.1), (1.2) and (1.3) of the Act are repealed.

3 Clause 114 (1.4) (0.a.1) of the Act is repealed.

Commencement

4 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 6
Employment Standards Act, 2000

1 The French version of clause (a) of the definition of “wages” in subsection 1 (1) of the Employment Standards Act, 2000 is amended by striking out “en espèces” and substituting “en argent”.

2 Subsection 11 (4) of the Act is amended by adding “and” at the end of clause (a), by striking out “and” at the end of clause (b) and by repealing clause (c).

3 Section 91 of the Act is amended by adding the following subsections:

Self-audit

(10.1)  In addition to the powers set out in subsection (6), an employment standards officer conducting an inspection may, by giving written notice, require an employer to conduct an examination of the employer’s records, practices or both in relation to one or more provisions of this Act or the regulations.

Examination and report

(10.2)  If an employer is required to conduct an examination under subsection (10.1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice.

Notice

(10.3)  A notice given under subsection (10.1) shall specify,

  (a)  the period to be covered by the examination;

  (b)  the provision or provisions of this Act or the regulations to be covered by the examination; and

  (c)  the date by which the employer must provide a report of the results of the examination to the employment standards officer.

Same

(10.4)  A notice given under subsection (10.1) may specify,

  (a)  the method to be used in carrying out the examination;

  (b)  the format of the report; and

  (c)  such information to be included in the employer’s report as the employment standards officer considers appropriate.

Same

(10.5)  Without restricting the generality of clause (10.4) (c), a notice given under subsection (10.1) may require the employer to include in the report to the employment standards officer,

  (a)  an assessment of whether the employer has complied with this Act or the regulations;

  (b)  if, pursuant to clause (a), the employer has included an assessment that the employer has not complied with this Act or the regulations;

         (i)  an assessment of whether one or more employees are owed wages, and

        (ii)  a description of the measures that the employer has taken or will take to ensure that this Act or the regulations will be complied with; and

  (c)  if, pursuant to subclause (b) (i), the employer has included an assessment that one or more employees are owed wages, the name of every employee who is owed wages, the amount of wages owed to each employee and an explanation of how the amount of wages owed to each employee was determined.

4 Section 91.1 of the Act is repealed.

Commencement

5 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 7
Family Responsibility and Support Arrears Enforcement Act, 1996

1 (1)  Subsection 7 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is amended by adding “or any part of such support order or support deduction order” after “support deduction order” in the portion before clause (a).

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

Deemed withdrawal

(3)  If the Director refuses to enforce an order or any part of such order under subsection (1), the Director shall notify the payor and the recipient and such order or any part of such order, as the case may be, shall be deemed to be withdrawn from the Director’s office on the date set out in the notice.

2 (1)  Subsection 8 (2) of the Act is amended by adding the following clause:

(a.1) the Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation has terminated;

(2)  Section 8 of the Act is amended by adding the following section:

Recipient’s Notice to Director

(5)  For the purposes of clause (2) (a.1), if a support order or related support deduction order is filed in the Director’s office, the recipient shall give the Director notice of a termination of a support obligation under such order, in the manner and at the time prescribed by the regulations.

3 The Act is amended by adding the following section:

Director’s discretion re child that has attained the age of majority

8.1.1  (1)  Despite section 5 and subject to section 8.3, with respect to a support order or support deduction order that is filed in the Director’s office and that pertains to a child who has attained the age of majority, the Director has discretion to discontinue enforcement or, in accordance with section 8.2, enforce a lesser amount of support if,

  (a)  the Director serves on the recipient a request to provide any information the Director considers necessary to establish that, with respect to the child who has attained the age of majority, the enforcement of the support obligation should continue; and

  (b)  the recipient does not respond in writing within 20 days after being served or the Director is of the opinion that the information provided by the recipient does not meet the requirements in clause (a).

Reinstatement

(2)  If, after the Director exercises discretion to discontinue enforcement or enforce a lesser amount in accordance with subsection (1), the Director receives a written response from the recipient to the Director’s request, the Director may resume enforcement or reinstate the amount enforced before the reduction.

Director’s discretion may be exercised upon payor’s request

(3)  The Director may exercise his or her discretion referred to in subsection (1) upon the written request of the payor.

4 Paragraph 2 of subsection 8.2 (2) of the Act is amended by adding the following subparagraph:

         iii.  The Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation under the order has terminated with respect to a child.

5 (1)  The English version of subsection 50 (1) of the Act is repealed and the following substituted:

Recognition of extra-provincial garnishments

50 (1)  The clerk of the Ontario Court of Justice or Family Court shall issue a notice of garnishment to enforce the support or maintenance obligation upon the filing of a garnishment process that,

  (a)  is issued outside Ontario and is directed to a garnishee in Ontario;

  (b)  states that it is issued in respect of support or maintenance; and

  (c)  is written in or accompanied by a sworn or certified translation into English or French.

(2)  Section 50 of the Act is amended by adding the following subsections:

Exception, support deduction document issued by another Canadian jurisdiction

(3)  The Director may serve a document on a person in Ontario for the purpose of attaching the income or funds referred to in that document, if the following conditions are met:

   1.  The document is filed in the Director’s office by a competent authority that is responsible for enforcement in another Canadian province or territory.

   2.  The Director is of the opinion that the document is similar in nature to a notice of support deduction order under this Act and has been issued by a competent authority in another Canadian province or territory.

   3.  The document relates to the income or funds of a payor who is required to make payments pursuant to a support obligation that is being enforced by a competent authority in another Canadian province or territory.

   4.  The payor has or is purported to have income or funds located in Ontario.

   5.  Any other conditions as may be prescribed by the regulations.

(4)  The document served under subsection (3) shall be served in the same manner as a notice of support deduction order under this Act may be served.

(5)  For the purposes of this Act, once the document referred to in subsection (3) is served, it has the same force and effect and may be dealt with in the same manner as a notice of support deduction order under this Act.

Commencement

6 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 8
Fish and Wildlife Conservation Act, 1997

1 Section 112 of the Fish and Wildlife Conservation Act, 1997 is amended by adding the following subsection:

Same

(2)  A regulation made under paragraph 52 of subsection (1) may, without limiting the generality of that paragraph,

  (a)  require the holder of a licence or of an authorization given under this Act to complete reports and submit them to the Minister or another person at such time as may be prescribed;

  (b)  establish rules governing the content and the submission of the reports; and

  (c)  require the holder of a hunting licence who fails to submit a report at the prescribed time to pay a penalty and prescribe the amount of the penalty.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 9
French Language Services Act

1 Clause (d) of the definition of “government agency” in section 1 of the French Language Services Act is amended by striking out “other than a municipal home or joint home established under Part VIII of the Long-Term Care Homes Act, 2007”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 10
Justices of the Peace Act

1 Clause 8 (3) (f) of the Justices of the Peace Act is amended by striking out “a lawyer” at the beginning and substituting “a licensee within the meaning of the Law Society Act”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 11
Labour Relations Act, 1995

1 The French version of section 102 of the Labour Relations Act, 1995 is amended by striking out “décision rendue” and substituting “directive donnée”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 12
Law Society Act

1 Clause 48 (1) (b) of the Law Society Act is amended by adding “or clause 45 (3) (b) or (c)” after “subsection 35 (1)”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 13
Liquor Licence and Control Act, 2019

1 The definition of “wine” in subsection 1 (1) of the Liquor Licence and Control Act, 2019 is repealed and the following substituted:

“wine”, subject to the regulations, means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of the natural sugar contents of,

  (a)  fruits, including grapes and apples, or

  (b)  other agricultural products containing sugar, including honey and milk. (“vin”)

2 (1)  Paragraph 7 of subsection 3 (1) of the Act is repealed and the following substituted:

   7.  A manufacturer’s licence to sell.

(2)  Subsection 3 (4) of the Act is amended by striking out “or” at the end of clause (e), by adding “or” at the end of clause (f) and by adding the following clause:

  (g)  a prescribed circumstance exists in relation to the category or class of the category of licence.

3 Paragraph 3 of subsection 4 (1) of the Act is amended by striking out “will be issued” at the end and substituting “would be issued”.

4 Subsections 7 (12) and (13) of the Act are repealed.

5 Subsection 8 (2) of the Act is amended by striking out “If, for the reason described in subsection 3 (6), the Registrar refuses to issue a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6)” at the beginning and substituting “If, for the reason described in subsection 3 (6), the issuance of a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) is refused”.

6 (1)  Clause 13 (1) (a) of the Act is repealed and the following substituted:

  (a)  the licensee would not be eligible for a licence under subsection 3 (4) or 3 (6) if the licensee were an applicant under section 3; or

(2)  Subsections 13 (2), (3) and (4) of the Act are repealed and the following substituted:

Suspension without proposal

(2)  The Registrar may suspend a licence issued under this Act without issuing a proposal if the Registrar considers it to be necessary in the public interest.

Notice and immediate effect

(3)  The Registrar shall serve notice of a suspension under subsection (2) on the licensee together with written reasons, and the suspension takes effect immediately on the licensee being served.

Notice requiring hearing

(4)  A notice served under subsection (3) shall inform the licensee 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, a notice in writing requiring a hearing by the Tribunal.

Hearing

(4.1)  Section 26 applies with respect to a notice served under subsection (3) in the same way as to a notice of a proposal issued under subsection (1), with necessary modifications.

Limit on further applications

(4.2)  If, for the reason described in subsection 3 (6), the Tribunal directs the Registrar to revoke a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6), the Registrar may propose, on notice to the owner of the property at which the 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.

Exception

(4.3)  If the Tribunal is satisfied that there has been a significant change in the circumstances in respect of the premises since the licence was revoked, the Tribunal may permit an application for a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) within the period specified by the Registrar under subsection (4.2).

7 (1)  Subsection 16 (2) of the Act is repealed and the following substituted:

Requirements

(2)  An applicant is not eligible for a permit if,

  (a)  the applicant would not be eligible for a licence to operate a liquor consumption premises for any ground described in subsection 3 (4), except as provided by the regulations; or

  (b)  the premises in respect of which the permit would be issued is disqualified under section 18.

(2)  Clause 16 (3) (a) of the Act is amended by striking out “eligible” and substituting “not ineligible”.

(3)  Subsection 16 (4) of the Act is repealed and the following substituted:

Issuance of permit

(4)  The Registrar shall issue a permit to an applicant if,

  (a)  the applicant complies with this Act, the regulations and the standards and requirements established by the Registrar under section 24, is not ineligible for a permit and pays the required fee; and

  (b)  the Registrar approves the application or the Tribunal directs the Registrar to issue the permit.

8 Subsection 25 (1) of the Act is amended by adding the following paragraph:

   7.  Restrict further applications for a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) in respect of the same premises, as described in subsection 13 (4.2).

Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020

9 Subsection 1 (4) of Schedule 26 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 is repealed.

Commencement

10 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Sections 1 to 3 and 5 to 8 come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 14
Mining Act

1 (1)  Subsection 1 (1) of the Mining Act is amended by adding the following definitions:

“licence of occupation registry” means the licence of occupation registry described in section 7.1; (“registre des permis d’occupation”)

“registry” means the mining claims registry or the licence of occupation registry, as applicable; (“registre”)

(2)  Section 1 of the Act is amended by adding the following subsection:

Interpretation of recording, record, etc.

(14)  For greater certainty and unless the contrary intention appears,

  (a)  a reference in this Act or the regulations to the recording of an entry, note, instrument or document is a reference to the entering of the entry, note, instrument or document in a registry;

  (b)  a reference in this Act or the regulations to a recorded right or interest is a reference to a right or interest that has been noted in a registry; and

  (c)  a reference in this Act or the regulations to a recorded claim holder is a reference to the holder of a mining claim registered in the mining claims registry.

2 Paragraph 6 of subsection 4.1 (1) of the Act is amended by striking out “the mining claims registry described in section 7” and substituting “a registry”.

3 Section 7 of the Act is repealed and the following substituted:

Mining claims registry

7 (1)  The Provincial Recording Office shall maintain the mining claims registry, which shall include,

  (a)  records of all mining claims;

  (b)  maps showing the locations of all mining claims;

  (c)  information about each claim holder as may be prescribed; and

  (d)  for each mining claim,

         (i)  an abstract in which all transfers, assessment work reports, exploration plans, exploration permits, orders, agreements, instruments, notes and other entries relating to the mining claim are recorded,

        (ii)  any assessment work reports, exploration plans and exploration permits relating to the mining claim, and

        (iii)  any orders, agreements, instruments or other documents relating to the mining claim that are in an electronic format.

Exception, Minister’s direction

(2)  Despite subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct that certain instruments or documents referred to in that subclause, or certain classes of such instruments or documents, not be included in the mining claim registry.

Licence of occupation registry

7.1  (1)  The Provincial Recording Office shall maintain the licence of occupation registry, which shall include,

  (a)  records of all licences of occupation;

  (b)  maps showing the locations of all lands to which a licence of occupation applies;

  (c)  information about each licence holder as may be prescribed; and

  (d)  for each licence of occupation,

         (i)  an abstract in which all transfers, assessment work reports, exploration plans, exploration permits, orders, agreements, instruments, notes and other entries relating to the licence are recorded,

        (ii)  any assessment work reports, exploration plans and exploration permits relating to the licence, and

        (iii)  any orders, agreements, instruments or other documents relating to the licence that are in an electronic format.

Exception, Minister’s direction

(2)  Despite subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct that certain instruments or documents referred to in that subclause, or certain classes of such instruments or documents, not be included in the licence of occupation registry.

Registries, general

7.2  (1)  The Provincial Recording Office shall maintain the registries,

  (a)  in an electronic format, subject to subsections (2) and (3); and

  (b)  in accordance with the requirements established under the Archives and Recordkeeping Act, 2006.

Non-electronic formats

(2)  The Minister may direct that certain instruments or documents relating to a mining claim or licence of occupation that are received in a format other than an electronic format be maintained as part of the applicable registry in the format in which they are received or in such other format as the Minister directs.

Legacy claims, licences of occupation

(3)  The Provincial Recording Office shall maintain all records, maps, documents or information required under section 7 or 7.1 with respect to legacy claims or to licences of occupation in an electronic format as part of the applicable registry, but they may also be maintained, together with other historical information, in other formats as the Minister directs.

Public availability

(4)  The records, maps, documents and information required under section 7 or 7.1 shall be made available to the public,

  (a)  through the mining lands administration system on a website of the Government of Ontario approved for this purpose or through such other means as may be determined with respect to section 7, 7.1 or both in accordance with the regulations; and

  (b)  at the Provincial Recording Office during normal business hours or at such other locations and times as the Minister directs.

Exception

(5)  Despite subsection (4), the instruments and documents referred to in subsection (2) that are maintained as part of a registry shall be made available to the public in the prescribed manner and place, subject to any prescribed conditions.

Personal information

(6)  Any personal information maintained as part of a registry is maintained for the purpose of creating a record that is available to the general public, as described in section 37 of the Freedom of Information and Protection of Privacy Act.

4 Subsections 8 (1) and (2) of the Act are repealed and the following substituted:

Deletion, correction and amendment to registry

(1)  A recorder may,

  (a)  delete, correct or amend an entry in a registry in accordance with the regulations;

  (b)  delete, correct or amend an entry in a registry because it does not comply with this Act or the regulations; and

  (c)  make entries in a registry with respect to documents received in other than electronic format and delete, correct and amend entries in a registry to reflect such documents.

Notice of deletion, etc.

(2)  A recorder shall notify any affected person in the prescribed manner, if the recorder deletes, corrects, amends or makes an entry in a registry in accordance with subsection (1).

5 Section 41 of the Act is amended by adding the following subsection:

Recording of termination, reinstatement

(4.0.1)  The termination or reinstatement of a licence of occupation under this section shall be recorded in the licence of occupation registry.

6 Section 41.1 of the Act is amended by adding the following subsection:

Recording of revocation

(5)  The revocation of a licence of occupation under subsection (1) shall be recorded in the licence of occupation registry.

7 (1)  Subsection 52 (3) of the Act is amended by adding “or (5)” after “subsection (4)”.

(2)  Section 52 of the Act is amended by adding the following subsection:

Same, prescribed circumstances, requirements

(5)  Subsection (3) does not apply if the sale or disposition is permitted by and conducted in accordance with the regulations.

8 (1)  Subsection 57 (1) of the Act is amended by adding “or licence of occupation” after “unpatented mining claim”.

(2)  Subsection 57 (2) of the Act is amended by,

  (a)  striking out “the mining claim” and substituting “a mining claim or licence of occupation”; and

  (b)  adding “or licence” after “the claim”.

(3)  Subsection 57 (3) of the Act is amended by striking out “the mining claim” and substituting “a mining claim or licence of occupation”.

9 (1)  Subsection 60 (1) of the Act is repealed and the following substituted:

Recording instruments

(1)  Except as otherwise expressly provided in this Act, no transfer or assignment of a mining claim or licence of occupation, and no agreement or other instrument affecting a mining claim, licence of occupation or any recorded right or interest acquired under this Act, shall be recorded in the applicable registry unless it satisfies the directives made by the Minister under subsection 4.1 (2) relating to the use of the mining lands administration system.

(2)  Subsection 60 (1.1) of the Act is amended by adding “or licence of occupation” after “a mining claim”.

10 Sections 61 and 62 of the Act are repealed and the following substituted:

Priority

61 After a mining claim, licence of occupation or other right or interest acquired under this Act has been recorded in a registry, every instrument other than a will affecting the claim or licence, as the case may be, or an interest therein is void as against a subsequent purchaser or transferee for valuable consideration without actual notice, unless the instrument is recorded in the registry before the recording of the instrument under which the subsequent purchaser or transferee claims.

Recording constitutes notice

62 The recording under this Act of an instrument relating to a mining claim or licence of occupation constitutes notice of the instrument to all persons claiming an interest in the claim or licence after the instrument is recorded, even if there is a defect in the requirements for recording.

11 Section 64 of the Act is amended by adding the following subsection:

Application to licences of occupation

(14)  Subsections (2.1), (2.2), (2.3), (3), (4.1) (4.2) and (6) to (13) apply with necessary modifications with respect to licences of occupation.

12 (1)  The French version of subsection 66 (1) of the Act is amended by striking out “la répartition entre les claims des crédits de travail d’évaluation” and substituting “l’allocation des crédits de travail d’évaluation aux claims”.

(2)  The French version of clause 66 (4) (b) of the Act is repealed and the following substituted:

   b)  fixe le montant des crédits de travail d’évaluation à accorder aux travaux faisant l’objet du rapport ainsi que l’allocation de ces crédits aux claims.

13 The French version of subsection 129 (1) of the Act is amended by striking out “à la face même” and substituting “au recto”.

14 (1)  Subsection 176 (1) of the Act is amended by adding the following paragraph:

1.2.1 governing the licence of occupation registry;

(2)  Paragraph 2.0.1 of subsection 176 (1) of the Act is amended by striking out “the mining claims registry” at the end and substituting “a registry”.

(3)  Subsection 176 (1) of the Act is amended by adding the following paragraph:

7.1  for the purposes of subsection 52 (5), permitting and governing the sale or disposition of the end product of the mining, milling and refining permitted under subsection 52 (1);

(4)  The French version of paragraph 10 of subsection 176 (1) of the Act is amended by striking out “de répartition des crédits entre les claims” at the end and substituting “d’allocation des crédits aux claims”.

15 The French version of subsection 179 (1) of the Act is amended by striking out “à la demande de la Couronne par voie d’instance” and substituting “par voie d’instance introduite par la Couronne”.

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

Recording of order

(2)  If an order under subsection (1) concerns an unpatented mining claim or a licence of occupation, the order shall be noted on the abstract for the claim or licence and recorded in the applicable registry.

Commencement

17 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Sections 1 to 11, subsections 14 (1) to (3) and section 16 come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 15
Modernizing Ontario for People and Businesses Act, 2020

1 (1)  The definition of “administrative cost” in subsection 1 (1) of the Modernizing Ontario for People and Businesses Act, 2020 is repealed.

(2)  Subsection 1 (1) of the Act is amended by adding the following definitions:

“broader public sector organization” has the same meaning as in the Broader Public Sector Accountability Act, 2010, and includes municipalities and long-term care homes; (“organisme du secteur parapublic”)

“direct compliance cost” means a direct cost of complying with a draft bill, regulation, policy or form, and includes administrative costs, fees, upfront capital costs, upfront operating costs and ongoing operating costs; (“frais directs de conformité”)

(3)  The definition of “regulated entity” in subsection 1 (1) of the Act is repealed and the following substituted:

“regulated entity”, subject to the regulations, includes every business, trade, occupation, profession, service, venture and broader public sector organization, whether or not carried on with a view to profit. (“entité réglementée”)

2 The heading before section 2 of the Act is repealed and the following substituted:

Control of Direct Compliance Costs

3 Subsection 2 (1) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

4 Clause 3 (a) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

5 (1)  Paragraph 1 of subsection 4 (1) of the Act is repealed and the following substituted:

   1.  Recognized national and international standards should be adopted.

(2)  Paragraph 3 of subsection 4 (1) of the Act is amended by striking out “stakeholders” and substituting “regulated entities”.

(3)  Paragraph 5 of subsection 4 (1) of the Act is amended by striking out “stakeholders” and substituting “regulated entities”.

6 (1)  Clause 10 (2) (c) of the Act is amended by striking out “administrative cost” and substituting “direct compliance cost”.

(2)  Clause 10 (2) (e) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

(3)  Clause 10 (2) (f) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

Commencement

7 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 16
Northern Ontario School of Medicine University Act, 2021

Definitions

1 In this Act,

“board” means the board of governors of the University; (“conseil”)

“Minister” means the Minister of Colleges and Universities or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“property” includes real and personal property; (“biens”)

“senate” means the senate of the University; (“sénat”)

“University” means the Northern Ontario School of Medicine University continued under section 2. (“Université”)

Northern Ontario School of Medicine continued

2 (1)  Northern Ontario School of Medicine is continued as a corporation without share capital under the name Northern Ontario School of Medicine University in English and Université de l’École de médecine du Nord de l’Ontario in French, and shall consist of the members of its board.

Conflict with Corporations Act

(2)  In the event of a conflict between a provision of this Act or a regulation made under it and a provision of the Corporations Act, this Act or the regulation made under it prevails.

Objects

3 The University has such objects and special missions as may be prescribed by regulation.

Powers

4 The University has all the powers necessary and incidental to its objects, including the power to grant the degrees prescribed by regulation and any other degrees the University may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000.

Affiliates

5 (1)  The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

The Laurentian University of Sudbury Act, 1960

(2)  Section 27 of The Laurentian University of Sudbury Act, 1960 does not apply to the University.

Board of governors

6 (1)  There shall be a board of governors of the University responsible for governing and managing the affairs of the University.

Composition and procedures

(2)  The board shall comply with any requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The board has the powers and duties prescribed by regulation.

Board of governors

6 (1)  There shall be a board of governors of the University, composed of not less than 15 and not more than 30 members, as follows:

   1.  The president of the University, who shall be a member by virtue of office.

   2.  The chancellor of the University, if one is appointed, who shall be a member by virtue of office.

   3.  Five persons appointed by the Lieutenant Governor in Council who shall not be students, members of the teaching staff or non-teaching employees of the University.

   4.  One person elected by the teaching staff from among themselves.

   5.  One person elected by the students of the University from among themselves.

   6.  One person elected by the non-teaching employees of the University from among themselves.

   7.  Such other persons as may be set out in the by-laws of the board who shall be appointed by the board, and who shall not be students, members of the teaching staff or non-teaching employees of the University.

Composition and procedures

(2)  The board shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The board is responsible for governing and managing the affairs of the University and has the powers and duties prescribed by regulation.

Senate

7 (1)  There shall be a senate of the University responsible for determining and regulating the educational policy of the University.

Composition and procedures

(2)  The senate shall comply with any requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The senate has the powers and duties prescribed by regulation.

Senate

7 (1)  There shall be a senate of the University, composed of the following members:

   1.  The following persons who are members by virtue of their office:

           i.  The president and dean of the University.

          ii.  The chancellor of the University, if one is appointed.

         iii.  The vice-president and provost of the University, if one is appointed.

         iv.  The registrar of the University.

          v.  The associate dean of each academic portfolio.

         vi.  The senior associate dean.

        vii.  The head of each academic division of the University, or the person designated by the head from within the teaching staff of each division.

       viii.  The assistant dean of admissions.

         ix.  The assistant dean of graduate studies.

          x.  The assistant dean of research.

         xi.  The director of research and health sciences library.

        xii.  The chair of each standing committee of the senate, or the person designated by the chair from within each standing committee.

   2.  Such number of persons, not exceeding eight, elected by the students of the University from among themselves, as set out in senate by-laws.

   3.  Such number of persons elected by the teaching staff from among themselves, as set out in senate by-laws, which number shall be at least twice the total number of all other members of the senate.

   4.  Two persons appointed by the senate who,

           i.  are members of the teaching staff of a university in Ontario, but not members of the teaching staff of the University, and

          ii.  are not engaged in the teaching of medicine or health sciences.

   5.  Such other persons as may be determined by senate by-law.

Composition and procedures

(2)  The senate shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The senate is responsible for determining and regulating the educational policy of the University and has the powers and duties prescribed by regulation.

Meetings

8 (1)  Subject to subsection (2), meetings of the board and of the senate shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the board or senate.

Closed meeting

(2)  The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate.

By-laws

(3)  The board and the senate shall publish their by-laws on the website of the University.

Chancellor

9 A chancellor of the University may be appointed, if the regulations provide for the appointment of a chancellor.

President

10 (1)  There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2)  The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Dean

(3)  The president of the University is also the dean of the University.

Property

11 (1)  The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Protection from expropriation

(2)  Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this subsection comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Use of property

(3)  The property and the revenue of the University shall be applied solely to achieving the objects of the University.

Investments

(4)  The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

12 The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve,

  (a)  borrow money and give security for money borrowed; and

  (b)  issue or give bonds, debentures and obligations as security.

Audits and reports

13 (1)  The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year.

Financial report

(2)  The University shall make a financial report annually to the Minister in such form and containing such information as the Minister may require.

Other reports

(3)  The University shall submit to the Minister such other reports as the Minister may require in such form and containing such information as the Minister may require.

Contracts with Laurentian University of Sudbury, Lakehead University, etc.

14 Any contract described as follows that was in effect on the day this section comes into force is subject to the regulations and to any amendments to the contract that may be prescribed by regulation:

   1.  A contract between the University and Laurentian University of Sudbury.

   2.  A contract between the University and Lakehead University.

   3.  A contract between the University and an entity related to Laurentian University of Sudbury or Lakehead University.

   4.  A contract between the University and any combination of the other parties referred to in paragraph 1, 2 or 3.

No cause of action re enactment of Act, etc.

15 (1)  No cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees and employees, or against the University or any current or former members of the board or senate or current or former officers or employees of the University,

  (a)  as a direct or indirect result of the enactment, amendment or repeal of any provision of this Act; or

  (b)  as a direct or indirect result of the making, amending or revoking of any provision of a regulation under this Act.

Proceedings barred

(2)  No proceeding, including but not limited to any proceeding in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.

Application

(3)  Without limiting the generality of subsection (2), that subsection applies to a proceeding, including any court, arbitral or administrative proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief or any form of damages or any other remedy or relief, or a claim to be compensated for any losses, including loss of earnings, loss of revenue or loss of profit.

Judicial review

(4)  This section does not apply to prevent an application for judicial review.

Not entitled to be compensated

16 Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection 15 (1).

Transition, board

16.1  (1)  Despite anything in this Act, but subject to subsection (2), the persons who were members of the board of directors or members of the Academic Council of the Northern Ontario School of Medicine on the day immediately before the day section 2 of this Act came into force shall, on and after that day, constitute the board and the senate, respectively, of the University.

Same

(2)  The board and senate constituted under subsection (1) shall not include any person who was a member of the board of directors or a member of the Academic Council of the Northern Ontario School of Medicine by virtue of an office that the person held at Laurentian University of Sudbury or Lakehead University.

Same

(3)  The board and the senate of the University shall, no later 12 months after the day section 2 of this Act comes into force, appoint or elect such new members of the board and senate as are necessary in order to ensure that the board and senate are constituted in accordance with the requirements of this Act.

Regulations

17 (1)  The Lieutenant Governor in Council may make regulations governing anything necessary or advisable for the effective administration and implementation of this Act, including regulations,

  (a)  prescribing the objects and special missions of the University;

  (b)  prescribing the degrees that the University may grant;

  (c)  governing the board of governors, including regulations,

         (i)  prescribing the powers and duties of the board,

        (ii)  governing the composition of the board, terms of office for board members, the filling of vacancies on the board, quorum requirements and conflicts of interest for board members,

        (iii)  authorizing the board to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (d)  governing the senate, including regulations,

         (i)  prescribing the powers and duties of the senate,

        (ii)  governing the composition of the senate, terms of office for senate members, the filling of vacancies on the senate and quorum requirements,

        (iii)  authorizing the senate to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (e)  governing the appointment of a chancellor of the University and prescribing the duties of the chancellor;

   (f)  governing contracts described in section 14, including specifying amendments to any such contract;

  (g)  defining any term or phrase used in this Act that is not defined in this Act;

  (h)  respecting any transitional matter the Lieutenant Governor in Council considers necessary or advisable in connection with the continuation of the University by this Act or with the administration or implementation of this Act, including regulations,

         (i)  governing the composition of the first board of the University and the first senate of the University,

        (ii)  governing the first by-laws, policies and other instruments of the University,

        (iii)  governing the recognition of credits and marks awarded to students of the University, and the rights and privileges of those students,

       (iv)  governing the legal effect of the continuance of the University, including matters concerning the vesting of property and the assumption of obligations, liabilities, and the benefits and burdens of contracts, collective agreements and covenants.

Application to existing property, etc.

(2)  If it so provides, a regulation made under subclause (1) (h) (iv) applies in respect of property, obligations, contracts, collective agreements and covenants that existed before the regulation comes into force.

Conflict

(3)  In the event of a conflict between a regulation made under clause (1) (h) and this Act, the regulation prevails.

Amendment to this Act

18 Subsection 2 (2) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Commencement

19 (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2)  Section 18 comes into force on the later of the day subsection 2 (2) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

20 The short title of the Act set out in this Schedule is the Northern Ontario School of Medicine University Act, 2021.

Schedule 17
Not-for-Profit Corporations Act, 2010

1 Subsection 103 (1) of the Not-for-Profit Corporations Act, 2010 is amended by striking out “A special resolution of the members or, if section 105 applies, of each applicable class or group of members, is required” at the beginning and substituting “A special resolution of the members is required”.

2 (1)  Subsection 111 (1) of the Act is amended by striking out “and, subject to subsection (4), to the members of each class or group of members” at the end.

(2)  Subsection 111 (5) of the Act is amended by striking out “Subject to subsection (4)” at the beginning.

3 Subsection 115 (5) of the Act, as re-enacted by subsection 28 (1) of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017, is repealed.

4 Subsection 116 (1) of the Act is amended by striking out “in accordance with subsections (2) to (4)” and substituting “in accordance with subsections (2) and (4)”.

5 Subsection 117 (5) of the Act is amended by striking out “This Act, except subsection (2) of this section” at the beginning and substituting “This Act”.

6 (1)  Subsection 118 (1) of the Act is amended by striking out “in accordance with subsections (2) to (6)” at the end and substituting “in accordance with subsections (2), (3) and (6)”.

(2)  Subsection 118 (6) of the Act is amended by striking out “of each class or group entitled to vote on it”.

7 (1)  Subsection 120 (3) of the Act is amended by striking out “and by each applicable class or group of members entitled to vote separately on the arrangement, in each case”.

(2)  Subsection 120 (4) of the Act is amended by striking out “if authorized by special resolution of the members, or of each applicable class or group of members, may apply to the court” and substituting “if authorized by special resolution of the members, may apply to the court”.

8 (1)  The Act is amended by adding the following Parts:

Part XVI
Special Rules During Temporary Suspension Period

Application of Schedule

211 (1)  The sections of Schedule 1 to this Act apply during the temporary suspension period, as described in subsection (2) for each section.

Temporary suspension period

(2)  The temporary suspension period, as referred to in each section of Schedule 1 to this Act, is the period that begins on the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and ends on December 31, 2021 and, if the regulations so provide for the section, a further prescribed period of time immediately following December 31, 2021.

Regulations

212 (1)  The Lieutenant Governor in Council may make regulations prescribing further periods of time for the purposes of subsection 211 (2).

Same

(2)  A regulation under subsection (1) may prescribe a different period of time for different sections of Schedule 1 to this Act and may provide for one or more extensions of a previously prescribed period.

Part XVII
Temporary Suspension Period — Transition

Minister’s regulations re transitional matters

213 (1)  The Minister may make regulations providing for such transitional matters as the Minister considers necessary or advisable in connection with the application of Schedule 1 to this Act.

Retroactive

(2)  A regulation under subsection (1) may be retroactive to a date no earlier than the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

(2)  Part XVI of the Act, as enacted by subsection (1), is repealed.

(3)  Part XVII of the Act, as enacted by subsection (1), is repealed.

9 (1)  The Act is amended by adding the following Schedule:

SCHEDULE 1
Special Rules During Temporary Suspension Period

Meeting by Electronic Means, Directors’ Meetings

1 The operation of subsection 34 (6) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meeting by electronic means

(6)  Despite any provision in the articles or by-laws of a corporation that provides otherwise, a meeting of directors or of a committee of directors may be held by such telephonic or electronic means as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, and a director participating in the meeting by those means is deemed for the purposes of this Act to be present at the meeting.

Meeting by Electronic Means, Members’ Meetings

2 (1)  The operation of subsection 53 (4) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meeting by electronic means

(4)  Despite any provision in the articles or by-laws of a corporation that provides otherwise, a meeting of the members of a corporation may be held by telephonic or electronic means and a member who, through those means, votes at the meeting or establishes a communications link to the meeting is deemed for the purposes of this Act to be present at the meeting.

(2)  The operation of subsection 53 (5) of the Act is temporarily suspended.

Voting, Members’ Meetings

3 The operation of subsections 58 (1) and (2) of the Act are temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Voting

(1)  Subject to subsection (3) and the articles or by-laws, voting at a meeting of members shall be by show of hands unless a ballot is demanded by a member or proxyholder entitled to vote at the meeting.

Ballot

(2)  Subject to subsection (3), a member or proxyholder may demand a ballot either before or after any vote.

Voting by alternate means

(3)  Despite any provision of this Act and the regulations, where a meeting of members is held by telephonic or electronic means in accordance with subsection 53 (4), the chair shall conduct the vote by a show of hands or by a ballot in accordance with subsections (1) and (2), if feasible, otherwise the chair may direct voting by alternate means.

4 (1)  The operation of subsection 67 (1) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Voting by mail or by telephonic or electronic means

(1)  Whether or not the articles or by-laws so provide, voting by mail or by telephonic or electronic means, in addition to or instead of voting by proxy, is permitted.

(2)  The operation of subsection 67 (2) of the Act is temporarily suspended.

(2)  Schedule 1 to the Act, as enacted by subsection (1), is repealed.

Commencement

10 (1)  Subject to subsections (2) to (4), this Schedule comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 3 comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(3)  Section 5 comes into force on the later of the day subsection 30 (2) of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(4)  Subsections 8 (2) and (3) and 9 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 18
ONTARIO DRUG BENEFIT ACT

1 Section 1.4 of the Ontario Drug Benefit Act is repealed.

2 Section 1.5 of the Act is repealed.

Commencement

3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 19
Ontario Energy Board Act, 1998

1 Paragraph 1 of subsection 70 (2.1) of the Ontario Energy Board Act, 1998 is repealed.

2 Paragraph 2 of subsection 96 (2) of the Act is repealed.

Commencement

3 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 20
Ontario Immigration Act, 2015

1 Clause 14 (1) (b) of the Ontario Immigration Act, 2015 is repealed and the following substituted:

  (b)  a person licensed and in good standing as an immigration and citizenship consultant under the College of Immigration and Citizenship Consultants Act (Canada) or a successor Act to it;

2 Section 15 of the Act is amended by striking out “A person who acts as a recruiter or a representative” at the beginning and substituting “An applicant and a person who acts as a recruiter or a representative”.

3 Subsection 19 (1) of the Act is amended by striking out “two” and substituting “five”.

4 Subsection 23 (2) of the Act is amended by adding the following paragraphs:

2.1  An employer who has applied for an approval.

.     .     .     .     .

   4.  A person who is an applicant in a category for entrepreneurs or who has been granted an approval in such a category.

5 Subsection 34 (2) of the Act is repealed and the following substituted:

Process for request

(2)  To exercise a right under this Act to request an internal review of a decision or an order, the person or body who has the right to make the request shall give written notice of the request to the director within 30 days after receiving notice of the decision or order, as the case may be.

6 Clause 37 (1) (h) of the Act is repealed and the following substituted:

  (h)  delegating to the Minister the power to make regulations respecting any matter that may be the subject of a regulation under subclause (e) (ii);

Commencement

7 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 21
Ontario Works Act, 1997

1 (1)  The definitions of “community participation”, “employment assistance” and “employment measures” in section 2 of the Ontario Works Act, 1997 are repealed.

(2)  The definition of “assistance” in section 2 of the Act is repealed and the following substituted:

   “assistance” means employment and life stabilization assistance and basic financial assistance; (“aide”)

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

   “delivery partner” for a geographic area means the delivery partner designated by the Minister to carry out prescribed powers and duties relating to the administration of this Act and the provision of assistance in that area; (“partenaire en prestation de services”)

   “employment and life stabilization assistance” means assistance under section 4; (“aide à l’emploi et à la stabilisation de la vie”)

2 Section 4 of the Act is repealed and the following substituted:

Employment and life stabilization assistance

4 Employment and life stabilization assistance is the prescribed assistance to help a person to become and stay employed.

3 Clauses (a) to (c) of subsection 7 (4) of the Act are repealed and the following substituted:

  (a)  participate in any prescribed employment and life stabilization assistance activities; and

4 Subsection 19 (2.1) of the Act is repealed and the following substituted:

Overpayment as debt

(2.1)  An overpayment by a delivery agent under this Act is a debt due to the delivery agent and may also be declared in writing by the Director to be a debt due to the Crown in right of Ontario.

Debt due to Ministry as delivery agent

(2.2)  For greater certainty, a debt due to the Ministry as a delivery agent is a debt due to the Crown in right of Ontario.

5 Section 22.1 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Method of recovery, debt due to the Crown

22.1  The Crown in right of Ontario may recover an overpayment that is a debt due to the Crown or that has been deemed or declared to be a debt due to the Crown by any remedy or procedure that is available to the Crown by law if the administrator has given a recipient a notice in writing under section 21 and,

.     .     .     .     .

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

Delivery agents designated

38 (1)  The Minister may by regulation designate the Ministry or a municipality, band or board as a delivery agent for each geographic area to exercise the powers and duties of a delivery agent in that geographic area.

7 Section 43 of the Act is repealed and the following substituted:

Administrator appointed, delivery agents other than the Ministry

43 (1)  With respect to geographic areas in which the Ministry is not the delivery agent, each delivery agent shall, with the approval of the Director, appoint an administrator to oversee the administration of this Act and the provision of assistance in the delivery agent’s geographic area.

Administrator appointed, Ministry as delivery agent

(2)  With respect to geographic areas in which the Ministry is the delivery agent, the Minister shall appoint an employee of the Ministry as administrator to oversee the administration of this Act and the provision of assistance in the delivery agent’s geographic area.

8 Section 50 of the Act is repealed and the following substituted:

Delivery partners designated

50 (1)  With respect to a geographic area in which the Ministry is the delivery agent, the Minister may by regulation, designate a municipality or district social services administration board as a delivery partner to exercise the powers and duties prescribed by the Minister to the delivery partner.

More than one geographic area

(2)  For greater certainty, the same delivery partner may be designated in more than one geographic area and more than one delivery partner may be designated in any geographic area.

Terms and conditions

(3)  The Minister may attach terms and conditions to a designation or prescription under subsection (1).

Revoke designation

(4)  The Minister may revoke a designation under this section.

Powers and duties of delivery partner

50.1  (1)  A delivery partner is responsible for the powers and duties relating to the administration of this Act and the provision of assistance that have been prescribed by the Minister to the delivery partner in the delivery partner’s geographic area.

Standard of delivery partner

(2)  A delivery partner shall meet the standards prescribed by the Minister in its performance of its powers and duties and follow the procedures and practices prescribed by the Minister.

Decision made by delivery partner

(3)  A decision made by a delivery partner respecting a power or duty that is prescribed by the Minister shall be deemed to be a decision of the administrator.

Costs

50.2  A delivery partner shall pay the costs assigned to it by the regulations.

9 (1)  Subsection 52 (1) of the Act is amended by striking out the portion before clause (a) and substituting:

Payments to delivery agents

(1)  With respect to geographic areas in which the Ministry is not the delivery agent, the Minister shall pay to every delivery agent,

.     .     .     .     .

(2)  Section 52 of the Act is amended by adding the following subsection:

Payments to delivery partner

(1.1)  With respect to geographic areas in which the Ministry is the delivery agent, the Minister shall pay to every delivery partner,

  (a)  an amount determined in accordance with the regulations for Ontario’s share of the delivery partner’s costs incurred under this Act; and

  (b)  if there is a territory without municipal organization in the delivery partner’s geographic area, the amount determined in accordance with the regulations for that territory’s share of the delivery partner’s costs incurred under this Act.

10 Section 53 of the Act is amended by adding the following subsection:

Same, delivery partners

(1.1)  If a geographic area includes more than one municipality, the municipalities’ share of a delivery partner’s costs incurred under this Act shall be apportioned among the prescribed municipalities in accordance with the regulations.

11 (1)  Section 54 of the Act is amended by adding the following subsection:

Same, delivery partner

(1.1)  Each municipality shall pay the amounts required to be provided by it for its share of a delivery partner’s costs under this Act to the delivery partner for its geographic area, on demand.

(2)  Subsection 54 (4) of the Act is amended by striking out “The delivery agent or Ontario” at the beginning and substituting “The delivery agent, delivery partner or Ontario”.

12 Section 55 of the Act is amended by adding “delivery partners,” after “delivery agents”.

13 (1)  Subsection 56 (1) of the Act is amended by striking out “delivery agent” and substituting “delivery partner or delivery agent other than the Ministry”.

(2)  Subsection 56 (4) of the Act is repealed and the following substituted:

Interest and penalty

(4)  The Minister may charge a delivery partner or delivery agent other than the Ministry the prescribed interest and penalty if the delivery partner or delivery agent other than the Ministry does not pay to Ontario an amount required to be paid under this Act.

14 (1)  Subsection 71 (7) of the Act is amended by adding “or delivery partner” after “a delivery agent”.

(2)  Section 71 of the Act is amended by adding the following subsection:

Delivery partner bound

(9.1)  A delivery partner is bound by the terms and conditions of an agreement with a government or body referred to in subsection (1) unless the delivery partner also has a similar agreement with that body.

(3)  Subsection 71 (12) of the Act is amended by adding “and delivery partner” after “and each delivery agent”.

15 (1)  Subsection 72 (1) of the Act is amended by adding “or delivery partner” after “delivery agent”.

(2)  Subsection 72 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Disclosure of information

(2)  A delivery agent or delivery partner may disclose personal information collected for the purpose of administering or enforcing this Act to any government or body with whom the delivery agent or delivery partner, as the case may be, has made an agreement referred to in subsection (1) if,

.     .     .     .     .

(3)  Subsection 72 (5) of the Act is repealed and the following substituted:

Collection of personal information

(5)  A delivery agent or delivery partner may collect personal information from a government or body with whom the delivery agent or delivery partner, as the case may be, has made an agreement under this section in accordance with that agreement.

16 Section 73 of the Act is amended by adding “and delivery partner” after “and each delivery agent”.

17 Section 73.1 of the Act is repealed.

18 (1)  Paragraphs 4 and 5 of subsection 74 (1) of the Act are repealed and the following substituted:

   4.  respecting employment and life stabilization assistance and the standards delivery agents must meet in providing employment and life stabilization assistance;

(2)  Subparagraph 9 (v) of subsection 74 (1) of the Act is repealed and the following substituted:

        (v)  the obligation to satisfy participation requirements related to employment and life stabilization assistance,

(3)  Subsection 74 (1) of the Act is amended by adding the following paragraph:

34.1 prescribing and assigning costs to a delivery partner;

(4)  Paragraphs 37 to 39 of subsection 74 (1) of the Act are repealed and the following substituted:

37.  respecting the determination of the amounts Ontario shall pay to delivery agents and delivery partners and that delivery agents and delivery partners shall pay to Ontario and the methods of determining those amounts, providing for the manner in which and the intervals at which payments shall be made, for the suspension or withholding of amounts payable by Ontario or part of them and for making deductions from them;

38.  respecting the apportionment among municipalities in a geographic area of their share of the delivery agent’s costs and the delivery partner’s costs incurred under this Act and, for the purpose, prescribing the municipalities that must share in that apportionment and the manner in which that share shall be recovered;

39.  providing for the recovery by Ontario from a delivery agent and delivery partner of any amounts paid by Ontario under this Act for which the delivery agent and the delivery partner are liable or for the recovery by Ontario or a delivery agent from a recipient of assistance or from his or her estate of amounts paid by Ontario or the delivery agent under this Act, and prescribing the circumstances and manner in which any such recovery may be made;

(5)  Subsection 74 (2) of the Act is repealed and the following substituted:

Regulations, Minister

(2)  The Minister may make regulations,

   1.  designating geographic areas and delivery agents and delivery partners for those geographic areas, for the purposes of this Act;

   2.  prescribing the powers and duties of a delivery partner for the purposes of this Act, the standards a delivery partner is to meet in carrying out its functions and the procedures and practices to be followed by the delivery partner;

   3.  prescribing standards a delivery agent is to meet in carrying out its functions and the procedures and practices to be followed by the delivery agent;

   4.  prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations;

   5.  respecting agreements between the Ministry and delivery partners and between delivery partners and third parties;

   6.  prescribing any matter referred to in this Act as prescribed by the Minister.

(6)  Subsection 74 (12) of the Act is amended by adding “or a delivery partner” after “delivery agent”.

19 Subsection 77 (1) of the Act is amended by adding “a delivery partner,” after “a delivery agent,”.

20 (1)  Section 78 of the Act is amended by striking out “delivery agent” and substituting “delivery agent other than the Ministry”.

(2)  Section 78 of the Act is amended by adding the following subsection:

Penalty, delivery partner

(2)  If a delivery partner fails to properly exercise a power or duty under this Act or the regulations, the Minister may deduct from the amount payable by Ontario a portion of the delivery partner’s share of the cost of administering this Act and providing assistance, in accordance with the regulations.

Social Assistance Reform Act, 1997

21 Schedule D to the Social Assistance Reform Act, 1997 is repealed.

22 The Act is amended by striking out “employment assistance” wherever it appears and substituting in each case “employment and life stabilization assistance”.

District Social Services Administration Boards Act

23 Clause 4 (1) (a) of the District Social Services Administration Boards Act is amended by adding “or delivery partner” after “a delivery agent”.

Insurance Act

24 Subsection 273.1 (1) of the Insurance Act is repealed and the following substituted:

Information to Ministry of Children, Community and Social Services, etc.

(1)  Every insurer shall provide the Ministry of Children, Community and Social Services, a municipality, a board established under the District Social Services Administration Boards Act, a band approved under section 15 of the General Welfare Assistance Act, a delivery agent or delivery partner under the Ontario Works Act, 1997 or a delivery agent under the Ontario Disability Support Program Act, 1997, with such information as may be prescribed by the regulations, including personal information, subject to such conditions as may be prescribed by the regulations.

Ontario Disability Support Program Act, 1997

25 (1)  Subsections 5 (2) and (3) of the Ontario Disability Support Program Act, 1997 are repealed.

(2)  Section 54 of the Act is amended by adding “or delivery partner” after “each delivery agent”.

Commencement

26 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 22
Opioid Damages and Health Care Costs Recovery Act, 2019

1 (1)  The definition of “health care benefits” in subsection 1 (1) of the Opioid Damages and Health Care Costs Recovery Act, 2019 is amended by adding the following clause:

(0.a) home and community care services under the Connecting Care Act, 2019,

(2)  Clause (b) of the definition of “health care benefits” in subsection 1 (1) of the Act is repealed and the following substituted:

  (b)  community services under the Home Care and Community Services Act, 1994, before its repeal,

Commencement

2 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 23
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF eNERGY, nORTHERN dEVELOPMENT AND mINES

1 (1)  Subsection 62 (1) of the Planning Act is repealed and the following substituted:

Exempted projects by transmitters, OPG

(1)  A project within the meaning of the Environmental Assessment Act is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if,

  (a)  the project is undertaken by a transmitter in respect of a transmission system, within the meaning of those terms under the Electricity Act, 1998, and,

         (i)  the project is approved under Part II.3 of the Environmental Assessment Act, or

        (ii)  the prescribed requirements for commencing the project under Part II.4 of the Environmental Assessment Act have been satisfied; or

  (b)  the project is undertaken by Ontario Power Generation Inc. and has been approved under Part II.3 of the Environmental Assessment Act.

(2)  Section 62 of the Act is amended by adding the following subsection:

Transition

(3)  Subsection (1), as it read on the day before the day subsection 1 (1) of Schedule 23 to the Supporting Recovery and Competitiveness Act, 2021 came into force, continues to apply to an undertaking approved under Part II.1 of the Environmental Assessment Act before the day Part II.1 of that Act was repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020.

COVID-19 Economic Recovery Act, 2020

2 Subsections 62 (2) and (3) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 are repealed.

Commencement

3 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 24
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF mUNICIPAL aFFAIRS AND hOUSING

1 Subsection 47 (2) of the Planning Act is amended by striking out “subsections 45 (4) to (8)” and substituting “subsections 45 (4) to (8.2)”.

2 (1)  Section 50 of the Act is amended by adding the following subsection:

Interpretation, “retained land”

(1.0.0.1)  For the purposes of this section and section 53, a reference to “retained land” refers to the whole of a parcel of land that abuts land that is the subject of a certificate given under subsection 53 (42) allowing the conveyance by way of a deed or transfer with a consent that was given on or after March 31, 1979 and that did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or other transaction.

(2)  Subsections 50 (1.1) to (1.5) of the Act are repealed and the following substituted:

Removal of power

(1.1)  The Minister may by order, accompanied by a written explanation for it, remove the powers of the council of a municipality under this section and sections 53 and 57 and the order may be in respect of one or more of the following:

   1.  One or more applications for a consent or for a certificate of validation specified in the order.

   2.  Any or all applications for consents or for certificates of validation made after the order is made.

   3.  One or more applications for a certificate of cancellation specified in the order.

   4.  Any or all applications for certificates of cancellation made after the order is made.

Minister to grant consents, etc.

(1.2)  If an order is made under subsection (1.1),

  (a)  the Minister has the power of the council to,

         (i)  grant consents or issue certificates of validation in respect of applications to which the order relates, and

        (ii)  issue certificates of cancellation in respect of applications to which the order relates; and

  (b)  the council shall forward to the Minister all papers, plans, documents and other materials that relate to any matter in respect of which the powers were removed and of which a final disposition was not made by the council before the power was removed.

Effect of revocation

(1.3)  If the Minister revokes the order or part of the order made under subsection (1.1),

  (a)  the power to grant consents or to issue certificates of validation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied; and

  (b)  the power to issue certificates of cancellation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied.

Delegation

(1.4)  If an order is made under subsection (1.1) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power which was removed from the council to grant consents or to issue certificates of validation or certificates of cancellation and the delegation may be subject to such conditions as the order provides.

Effect of revocation

(1.5)  If the Minister revokes the order or part of the order made under subsection (1.4),

  (a)  the power of the municipal planning authority to grant consents or to issue certificates of validation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied;

  (b)  the power of the municipal planning authority to issue certificates of cancellation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied; and

  (c)  the municipal planning authority shall forward to the Minister all papers, plans, documents and other materials that relate to any matter to which the revoked order or part of the order applied and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked.

(3)  Subsection 50 (3) of the Act is amended by adding the following clause:

(a.1) the land was previously owned the land is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants;

(4)  Clause 50 (3) (b) of the Act is repealed and the following substituted:

  (b)  the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than,

         (i)  land that is the whole of one or more lots or blocks within one or more registered plans of subdivision,

        (ii)  land that is within a registered description under the Condominium Act, 1998, or

        (iii)  land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (5) applies to any subsequent conveyance or other transaction; or

       (iv)  retained land;

(5)  Clause 50 (3) (g) of the Act is repealed and the following substituted:

  (g)  the land or any use of or right therein was acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or

(6)  Subsection 50 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Part-lot control

(5)  If land is within a plan of subdivision registered before or after the coming into force of this section, no person shall convey any part of the land other than the whole of any lot or block by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of such part, or mortgage or charge such part, or enter into an agreement of sale and purchase of such part or enter into any agreement that has the effect of granting the use of or right in such part directly or by entitlement to renewal for a period of 21 years or more unless,

.     .     .     .     .

(7)  Clause 50 (5) (a) of the Act is repealed and the following substituted:

  (a)  the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than,

         (i)  land that is the whole of one or more lots or blocks within one or more registered plans of subdivision,

        (ii)  land that is within a registered description under the Condominium Act, 1998, or

        (iii)  land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (3) applies to any subsequent conveyance or other transaction; or

       (iv)  retained land;

(8)  Subsection 50 (5) of the Act is amended by adding the following clause:

(a.2) the land was previously owned the land is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants;

(9)  Clause 50 (5) (g) of the Act is repealed and the following substituted:

  (g)  the land or any use of or right therein was acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or

(10)  Subsection 50 (6) of the Act is repealed and the following substituted:

Conveyance of retained land

(6)  Despite subsections (3) and (5), retained land may be conveyed or otherwise dealt with before the land that is the subject of the consent is dealt with, provided the retained land is conveyed or otherwise dealt with before the consent lapses under subsection 53 (43).

(11)  Subsection 50 (9) of the Act is amended by striking out “in a part of a building or structure for any period of years” at the end and substituting “in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for any period of years”.

(12)  Section 50 of the Act is amended by adding the following subsection:

Same

(9.1)  For greater certainty, subsection (9) applies to an agreement that has the effect of granting the use of or right in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for the lifetime of an individual.

(13)  Subsection 50 (18) of the Act is repealed and the following substituted:

Foreclosure or exercise of power of sale

(18)  No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law unless,

  (a)  all of the land that is then subject to the mortgage or charge is included in the foreclosure or exercise of the power of sale; or

  (b)  all of the land included in the foreclosure or exercise of the power of sale could otherwise be conveyed by way of a deed or transfer by the registered owner of the land in compliance with the provisions of this section.

(14)  Subsection 50 (18.1) of the Act is repealed.

(15)  Subsection 50 (23) of the Act is amended by adding “or otherwise determining compliance with this section” after “subclause (22) (c) (ii)”.

3 (1)  Subsection 51 (13) of the Act is amended by striking out “applies” at the end and substituting “applied”.

(2)  Subsection 51 (19.1) of the Act is amended by striking out “the clerk of the municipality” and substituting “the clerk of the local municipality”.

(3)  Subsection 51 (19.3.1) of the Act is amended by striking out “clause (19.4) (a) and subsections (20) and (21) do not apply” at the end and substituting “clause (19.4) (a) and subsections (19.4.1) and (20) to (21) do not apply”.

(4)  Subsection 51 (19.4) of the Act is repealed and the following substituted:

Notice of particulars and public access

(19.4)  Subject to subsection (19.4.1), within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Tribunal advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), the approval authority shall ensure that,

  (a)  the prescribed persons and public bodies are given notice of the application, in the prescribed manner, and that the notice is accompanied by the prescribed information; and

  (b)  the information and material provided under subsections (17) and (18) are made available to the public.

Exception

(19.4.1)  Subsection (19.4) does not apply if the land that is the subject of the application is not located in a municipality or in the planning area of a planning board.

Request by approval authority

(19.4.2)  An approval authority may request that a local municipality or a planning board having jurisdiction over the land that is proposed to be subdivided give the notice of the application referred to in clause (19.4) (a) and make the information and material referred to in clause (19.4) (b) available to the public.

Responsibilities

(19.4.3)  A local municipality or planning board that is requested under subsection (19.4.2) to give notice of the application shall ensure that the notice is given in accordance with clause (19.4) (a).

(5)  Subsection 51 (20) of the Act is repealed and the following substituted:

Public meeting

(20)  Before a decision is made by an approval authority under subsection (31), the approval authority shall ensure that a public meeting is held, if required by regulation, for the purpose of giving the public an opportunity to make representations in respect of the proposed subdivision.

Notice of meeting

(20.1)  Notice of the public meeting required under subsection (20),

  (a)  shall be given to the prescribed persons and public bodies, in the prescribed manner; and

  (b)  shall be accompanied by the prescribed information.

Participation in public meeting

(20.2)  Every person who attends a public meeting referred to in subsection (20) shall be given an opportunity to make representations in respect of the proposed subdivision.

Information

(20.3)  At a public meeting referred to in subsection (20), the approval authority shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (34), (39), (43) and (48).

Transition

(20.4)  For clarity, subsections (20.2) and (20.3) do not apply with respect to a public meeting held before the day those subsections came into force.

(6)  Clauses 51 (21.1) (a) and (b) of the Act are repealed and the following substituted:

  (a)  notice of the meeting is given in accordance with subsection (20.1);

  (b)  the public meeting is held in accordance with subsections (20), (20.2) and (20.3); and

(7)  Subsection 51 (35) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(8)  Subsection 51 (50) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

4 (1)  Subsection 53 (1) of the Act is repealed and the following substituted:

Same

(1)  An owner, chargee or purchaser of land, or such owner’s, chargee’s or purchaser’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

Same

(1.1)  For the purposes of subsection (1), a purchaser of land is a person who has entered into an agreement of purchase and sale to acquire the land and who is authorized in the agreement of purchase and sale to make the application.

(2)  Section 53 of the Act is amended by adding the following subsections:

Amendment to application

(4.2.1)  An application may be amended by the applicant at any time before the council or the Minister gives or refuses to give a consent.

Terms

(4.2.2)  If an application is amended by the applicant, the council or the Minister may impose such terms as the council or Minister considers appropriate, including terms,

  (a)  requiring the provision of additional information and material in relation to the amendment; and

  (b)  specifying that the time period referred to in subsection (14) is deemed not to have begun until the later of,

         (i)  the date the application was amended, and

        (ii)  if additional information and material was required under clause (a), the date on which all the information and material was provided.

Fees

(4.2.3)  For greater certainty, the council or the Minister may include fees in respect of an amendment to an application in its fees established under section 69 or 69.1, as the case may be.

Other

(4.2.4)  For greater certainty, subsection (4.2.1) shall not be construed as preventing a person from amending any other type of application under this Act.

(3)  Section 53 of the Act is amended by adding the following subsection:

Requirements re public meeting

(5.1)  If a regulation referred to in clause (5) (b) is made requiring a public meeting, the regulation may also specify one or more purposes of the public meeting, such persons or entities who are entitled to make representations at the public meeting and any information required to be made available at the public meeting.

(4)  Section 53 of the Act is amended by adding the following subsection:

Same

(12.1)  For greater certainty, the powers of a council or the Minister under subsection (12) apply to both the part of the parcel of land that is the subject of the application for consent and the remaining part of the parcel of land.

(5)  Subsection 53 (15) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(6)  Subsection 53 (17) of the Act is amended by adding “and” at the end of clause (b) and by repealing clause (c).

(7)  Subsection 53 (18.1) of the Act is amended by striking out “provisional consent” wherever it appears and substituting in each case “application”.

(8)  Subsection 53 (28) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(9)  Subsection 53 (39) of the Act is amended by striking out “If the decision of the Tribunal under subsection (34) is that a provisional consent be given” at the beginning and substituting “If a provisional consent has been given by the Tribunal under subsection (34)”.

(10)  Subsection 53 (40) of the Act is repealed and the following substituted:

Same

(40)  If a provisional consent has been given by the Minister or the council and there has been no appeal under subsection (19) or (27), subject to subsection (23), the consent shall be given. However, if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled.

(11)  Section 53 of the Act is amended by adding the following subsections:

Extension of time to fulfil conditions

(41.1)  Upon the request of the applicant, the council or the Minister, as the case may be, may extend the one-year period after which the application would otherwise be deemed to be refused under subsection (41) by a period of up to one additional year.

Same

(41.2)  A request referred to in subsection (41.1) shall be accompanied by such information or material as the council or the Minister, as the case may be, requires.

Same

(41.3)  An extension under subsection (41.1) may be granted only if,

  (a)  an extension has not previously been granted in respect of the application for consent; and

  (b)  the one-year period referred to in subsection (41) has not expired in respect of the application for consent.

Final determination

(41.4)  The determination of the council or the Minister, as the case may be, under subsection (41.1) is not subject to appeal or review.

(11)  Subsection 53 (41) of the Act is repealed and the following substituted:

Conditions not fulfilled

(41)  If conditions have been imposed and the applicant has not, within a period of two years after notice was given under subsection (17) or (24), whichever is later, fulfilled the conditions, the application for consent shall be deemed to be refused but, if there is an appeal under subsection (14), (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfil the conditions until the expiry of two years from the date of the order of the Tribunal issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (29) or (33).

Transition

(41.1)  For greater certainty, subsection (41), as it reads on and after the day subsection 4 (11) of Schedule 24 to the Supporting Recovery and Competitiveness Act, 2021 comes into force, does not apply with respect to an application that was, before that day, deemed to have been refused under subsection (41), as it read immediately before that day.

(12)  Section 53 of the Act is amended by adding the following subsection:

Same, retained land

(42.1)  If a consent has been given under this section to a conveyance of a part of a parcel of land and the consent did not stipulate that subsection 50 (3) or (5) applies to any subsequent conveyance or other transaction, the clerk of the municipality or the Minister, as the case may be, shall give a certificate to the applicant shall give the same form of certificate described in subsection (42) to the applicant for the retained land resulting from the consent, if the applicant, in making the application for consent,

  (a)  requests that the certificate be given; and

  (b)  provides a registrable legal description of the retained land.

(13)  Section 53 of the Act is amended by adding the following subsections:

Certificate of cancellation

(45)  An owner of land that was previously conveyed with a consent, or the owner’s agent duly authorized in writing, may apply for the issuance of may apply to the council or the Minister, whichever is authorized to give a consent in respect of the land at the time of the application, for the issuance of a certificate of cancellation of such consent. The certificate must provide that subsection 50 (12) does not apply in respect of the land that was the subject of the consent and that subsection 50 (3) or (5), as the case may be, applies to a subsequent conveyance or other transaction involving the land.

Same, deemed delegation

(46)  A delegation by the Minister under section 4 or by a council or planning board under section 5 of the Minister’s authority for the giving of consents under this section shall be deemed to include the authority to issue certificates of cancellation under subsection (45).

Same, application

(47)  An application referred to in subsection (45) shall be accompanied by any prescribed information and material and such other information or material as the council or the Minister, as the case may be, requires.

Provision of certificate

(48)  If an application for a certificate of cancellation is made under subsection (45), the council or the Minister, as the case may be, may provide the certificate to the applicant.

Cancellation

(49)  After the registration of a certificate of cancellation referred to in subsection (45),

  (a)  subsection 50 (3) or (5), as the case may be, applies to any subsequent conveyance or other transaction involving land that is the subject of the certificate despite subsection 50 (12); and

  (b)  for the purposes of subsection 50 (3) or (5), as the case may be, the land that is the subject of the certificate is deemed not to be land that was previously conveyed by way of a deed or transfer with a consent.

5 (1)  Subsection 54 (2.1) of the Act is amended by striking out “to give approvals under subsection 50 (18) and” and substituting “to issue certificates of cancellation under subsection 53 (45) and”.

(2)  Subsection 54 (2.2) of the Act is amended by striking out “to give approvals under subsection 50 (18) or”.

(3)  Subsection 54 (6.1) of the Act is repealed and the following substituted:

Same

(6.1)  Where, under subsection (2) or (5), a committee of adjustment has the authority to issue certificates of cancellation under subsection 53 (45) and the authority to issue certificates of validation under section 57, subsections 45 (8) to (8.2) apply in the exercise of that authority, but subsections 45 (4) to (7) and (9) to (20) do not apply.

(4)  Subsection 54 (7) of the Act is amended by striking out “all applications for consent, for approval under subsection 50 (18) or for the issuance of a certificate of validation under section 57” and substituting “all applications for consent, for the issuance of a certificate of validation under section 57 or for the issuance of a certificate of cancellation under subsection 53 (45)”.

6 Subsection 55 (1) of the Act is amended by striking out “the authority to give approvals under subsection 50 (18) or the authority” and substituting “to issue certificates of cancellation under subsection 53 (45) or”.

7 Subsections 57 (6) and (7) of the Act are repealed and the following substituted:

Criteria for certificate

(6)  No certificate shall be issued under subsection (1) unless the land described in the certificate of validation conforms with the same criteria that apply to the granting of consents under section 53.

8 Paragraph 26 of subsection 70.1 (1) of the Act is repealed.

Commencement

9 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 25
Regulated Health Professions Act, 1991

1 The definition of “Advisory Council” in subsection 1 (1) of the Regulated Health Professions Act, 1991 is repealed.

2 (1)  Subsection 6 (1) of the Act is repealed and the following substituted:

Annual report

(1)  Each College shall report annually to the Minister on its activities and financial affairs.

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

Content and form

(4)  The Minister may specify the content and form of the annual reports submitted by the College and, where the Minister has done so, the annual reports shall contain that content and be in that form.

(3)  Subsection 6 (7) of the Act is repealed and the following substituted:

Additional audits

(7)  The College shall be subject, at any time, to any other audits relating to any aspect of its affairs as the Minister may determine to be appropriate, conducted by an auditor appointed by or acceptable to the Minister.

3 Sections 7 to 17 of the Act are repealed.

4 Section 38 of the Act is amended by striking out “the Advisory Council, a College, a Council, or a member, officer, employee, agent or appointee of the Advisory Council, a College” and substituting “a College, a Council, or a member, officer, employee, agent or appointee of a College”.

5 Subsection 84 (4) of Schedule 2 to the Act is repealed.

Audiology and Speech-Language Pathology Act, 1991

6 Section 9 of the Audiology and Speech-Language Pathology Act, 1991 is repealed.

Chiropody Act, 1991

7 Section 11 of the Chiropody Act, 1991 is repealed.

Chiropractic Act, 1991

8 Section 10 of the Chiropractic Act, 1991 is repealed.

Dental Hygiene Act, 1991

9 Section 10 of the Dental Hygiene Act, 1991 is repealed.

Dental Technology Act, 1991

10 Section 8 of the Dental Technology Act, 1991 is repealed.

Dentistry Act, 1991

11 Section 10 of the Dentistry Act, 1991 is repealed.

Denturism Act, 1991

12 Section 9 of the Denturism Act, 1991 is repealed.

Dietetics Act, 1991

13 Section 8 of the Dietetics Act, 1991 is repealed.

Homeopathy Act, 2007

14 Section 8 of the Homeopathy Act, 2007 is repealed.

Kinesiology Act, 2007

15 Section 8 of the Kinesiology Act, 2007 is repealed.

Massage Therapy Act, 1991

16 Section 8 of the Massage Therapy Act, 1991 is repealed.

Medical Laboratory Technology Act, 1991

17 Section 10 of the Medical Laboratory Technology Act, 1991 is repealed.

Medical Radiation and Imaging Technology Act, 2017

18 Section 10 of the Medical Radiation and Imaging Technology Act, 2017 is repealed.

Medicine Act, 1991

19 Section 10 of the Medicine Act, 1991 is repealed.

Midwifery Act, 1991

20 Section 9 of the Midwifery Act, 1991 is repealed.

Naturopathy Act, 2007

21 Section 9 of the Naturopathy Act, 2007 is repealed.

Nursing Act, 1991

22 Section 12 of the Nursing Act, 1991 is repealed.

Occupational Therapy Act, 1991

23 Section 8 of the Occupational Therapy Act, 1991 is repealed.

Opticianry Act, 1991

24 Section 10 of the Opticianry Act, 1991 is repealed.

Optometry Act, 1991

25 Section 10 of the Optometry Act, 1991 is repealed.

Pharmacy Act, 1991

26 Section 11 of the Pharmacy Act, 1991 is repealed.

Physiotherapy Act, 1991

27 Section 9 of the Physiotherapy Act, 1991 is repealed.

Psychology Act, 1991

28 Section 9 of the Psychology Act, 1991 is repealed.

Psychotherapy Act, 2007

29 Section 9 of the Psychotherapy Act, 2007 is repealed.

Respiratory Therapy Act, 1991

30 Section 10 of the Respiratory Therapy Act, 1991 is repealed.

Traditional Chinese Medicine Act, 2006

31 Section 9 of the Traditional Chinese Medicine Act, 2006 is repealed.

Commencement

32 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 26
Statute Labour Act

1 Sections 38 and 39 of the Statute Labour Act are repealed and the following substituted:

Transition

38 (1)  Subject to subsection (2), a person who is elected as a road commissioner in 2021 shall dispose of the assets and liabilities of the office for which they are elected commissioner.

Exception, board established under the Local Roads Board Act

(2)  If a road commissioner has jurisdiction over an area in which a board is established, on or before December 31, 2021, under the Local Roads Boards Act, subsection (1) does not apply to assets in respect of such area.

Better for People, Smarter for Business Act, 2019

2 Subsection 15 (3) of Schedule 14 to the Better for People, Smarter for Business Act, 2019 is amended by striking out “July 1, 2021” and substituting “January 1, 2022”.

Commencement

3 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 27
Statutory Powers Procedure Act

1 Clause 3 (2) (d) of the Statutory Powers Procedure Act is repealed and the following substituted:

  (d)  before an arbitrator to which the Arbitration Act, 1991 or the Labour Relations Act, 1995 applies;

2 The French version of subsection 14 (1) of the Act is amended by striking out “, notamment à la demande de la Couronne” and substituting “introduite notamment par la Couronne”.

3 The Act is amended by adding the following section:

Prohibition on photographs, recordings, dissemination

29 (1)  No person shall,

  (a)  take or attempt to take a photograph, audio or video recording or other record capable of producing or transmitting visual or aural representations by electronic means or otherwise,

         (i)  at a hearing,

        (ii)  of any person entering or leaving the room in which a hearing is to be or has been convened, or

        (iii)  of any person in the building in which a hearing is to be or has been convened if there is reasonable ground for believing that the person is there for the purpose of attending or leaving the hearing, other than in an area of the building designated by the tribunal for the purpose and with the person’s consent;

  (b)  publish, broadcast, reproduce or otherwise disseminate a photograph, recording or record taken in contravention of clause (a); or

  (c)  broadcast, reproduce or otherwise disseminate an audio recording described in clause (2) (b).

Non-application

(2)  Subsection (1) does not apply with respect to,

  (a)  the unobtrusive making of notes or sketches of events at a hearing by a person;

  (b)  the making of an audio recording at a hearing, unobtrusively and in a manner authorized by the tribunal, by a representative, a party acting on their own behalf or a journalist, for the sole purpose of supplementing or replacing notes; or

  (c)  subject to the authorization of the tribunal, any act referred to in subsection (1),

         (i)  if it is required for the presentation of evidence, the making of a record or any other purpose of the hearing,

        (ii)  with the consent of the parties and witnesses, or

        (iii)  in connection with any ceremonial proceeding.

Offence and 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 $25,000.

Police Services Act

4 Section 83 of the Police Services Act is amended by adding the following subsection:

Same

(16.1)  Subsection (16) applies instead of section 29 of the Statutory Powers Procedure Act.

Veterinarians Act

5 (1)  Section 29 of the Veterinarians Act is amended by adding the following subsection:

Application of section

(5)  This section applies instead of section 29 of the Statutory Powers Procedure Act.

(2)  Subsection 33 (9) of the Act is amended by striking out “29 (1), (2) and (3)” and substituting “29 (1), (2), (3) and (5)”.

(3)  Subsection 37 (7) of the Act is amended by striking out “29 (1), (2) and (3)” and substituting “29 (1), (2), (3) and (5)”.

Commencement

6 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 28
Université de Hearst Act, 2021

Definitions

1 In this Act,

“board” means the board of governors of the University; (“conseil”)

“Minister” means the Minister of Colleges and Universities or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“property” includes real and personal property; (“biens”)

“senate” means the senate of the University; (“sénat”)

“University” means the Université de Hearst continued under section 2. (“Université”)

Collège de Hearst continued

2 (1)  Collège de Hearst is continued as a corporation without share capital under the name Université de Hearst and shall consist of the members of its board.

Conflict with Corporations Act

(2)  In the event of a conflict between a provision of this Act or a regulation made under it and a provision of the Corporations Act, this Act or the regulation made under it prevails.

Objects

3 The University has such objects and special missions as may be prescribed by regulation.

Powers

4 The University has all the powers necessary and incidental to its objects, including the power to grant the degrees prescribed by regulation and any other degrees the University may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000.

Affiliates

5 (1)  The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

The Laurentian University of Sudbury Act, 1960

(2)  Section 27 of The Laurentian University of Sudbury Act, 1960 does not apply to the University.

Board of governors

6 (1)  There shall be a board of governors of the University responsible for governing and managing the affairs of the University.

Composition and procedures

(2)  The board shall comply with any requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The board has the powers and duties prescribed by regulation.

Board of governors composition

6 (1)  There shall be a board of governors of the University composed of the following members:

   1.  The president of the University, who shall be a member by virtue of office.

   2.  The chancellor of the University, if one is appointed, who shall be a member by virtue of office.

   3.  One person appointed by the president of the University from among the vice-presidents or other senior officers of the University.

   4.  Three persons elected by the teaching staff of the University from among themselves.

   5.  Two persons elected by the students of the University from among themselves.

   6.  Two persons elected by the non-teaching employees of the University from among themselves.

   7.  Five persons appointed by the Lieutenant Governor in Council, who shall not be students, members of the teaching staff or non-teaching employees of the University.

   8.  Nine other persons who shall be appointed by the board, who shall not be students, members of the teaching staff or non-teaching employees of the University.

Composition and procedures

(2)  The board shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The board is responsible for governing and managing the affairs of the University and has the powers and duties prescribed by regulation.

Senate

7 (1)  There shall be a senate of the University responsible for determining and regulating the educational policy of the University.

Composition and procedures

(2)  The senate shall comply with any requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The senate has the powers and duties prescribed by regulation.

Senate

7 (1)  There shall be a senate of the University composed of not more than 40 members, including the following members:

   1.  The following persons who are members by virtue of their office:

           i.  The president of the University.

          ii.  The vice-president of the University.

         iii.  The registrar of the University.

   2.  Not less than two persons and not more than the number of persons that is one-fifth the total size of the senate, elected by the students of the University from among themselves, as set out in senate by-laws.

   3.  One person elected by the teaching staff of each teaching unit from among themselves.

   4.  One person elected by the teaching staff of the University from among themselves.

   5.  One person, other than the president or chancellor of the University, appointed by the board from among the board members.

   6.  Such other persons, other than the chancellor of the University, as may be determined by senate by-law.

Composition and procedures

(2)  The senate shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The senate is responsible for determining and regulating the educational policy of the University and has the powers and duties prescribed by regulation.

Meetings

8 (1)  Subject to subsection (2), meetings of the board and of the senate shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the board or senate.

Closed meeting

(2)  The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate.

By-laws

(3)  The board and the senate shall publish their by-laws on the website of the University.

Chancellor

9 A chancellor of the University may be appointed, if the regulations provide for the appointment of a chancellor.

President

10 (1)  There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2)  The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to him or her by the board.

President

10 (1)  There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2)  The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to the president by the board.

Property

11 (1)  The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Protection from expropriation

(2)  Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this subsection comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Use of property

(3)  The property and the revenue of the University shall be applied solely to achieving the objects of the University.

Investments

(4)  The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

12 The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve,

  (a)  borrow money and give security for money borrowed; and

  (b)  issue or give bonds, debentures and obligations as security.

Audits and reports

13 (1)  The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year.

Financial report

(2)  The University shall make a financial report annually to the Minister in such form and containing such information as the Minister may require.

Other reports

(3)  The University shall submit to the Minister such other reports as the Minister may require in such form and containing such information as the Minister may require.

Contracts with Laurentian University of Sudbury, etc.

14 Any contract described as follows that was in effect on the day this section comes into force is subject to the regulations and to any amendments to the contract that may be prescribed by regulation:

   1.  A contract between the University and Laurentian University of Sudbury.

   2.  A contract between the University and an entity related to Laurentian University of Sudbury.

   3.  A contract between the University and any combination of the other parties referred to in paragraph 1 or 2.

No cause of action re enactment of Act, etc.

15 (1)  No cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees and employees, or against the University or any current or former members of the board or senate or current or former officers or employees of the University,

  (a)  as a direct or indirect result of the enactment, amendment or repeal of any provision of this Act; or

  (b)  as a direct or indirect result of the making, amending or revoking of any provision of a regulation under this Act.

Proceedings barred

(2)  No proceeding, including but not limited to any proceeding in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.

Application

(3)  Without limiting the generality of subsection (2), that subsection applies to a proceeding, including any court, arbitral or administrative proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief or any form of damages or any other remedy or relief, or a claim to be compensated for any losses, including loss of earnings, loss of revenue or loss of profit.

Judicial review

(4)  This section does not apply to prevent an application for judicial review.

Not entitled to be compensated

16 Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection 15 (1).

Transition, board

16.1  (1)  Despite anything in this Act, but subject to subsection (2), the persons who were members of the board of governors or members of the senate of Collège de Hearst on the day immediately before the day section 2 of this Act came into force shall, on and after that day, constitute the board and the senate, respectively, of the University.

Same

(2)  The board and the senate of the University shall, no later 12 months after the day section 2 of this Act comes into force, appoint or elect such new members of the board and senate as are necessary in order to ensure that the board and senate are constituted in accordance with the requirements of this Act.

Regulations

17 (1)  The Lieutenant Governor in Council may make regulations governing anything necessary or advisable for the effective administration and implementation of this Act, including regulations,

  (a)  prescribing the objects and special missions of the University;

  (b)  prescribing the degrees that the University may grant;

  (c)  governing the board of governors, including regulations,

         (i)  prescribing the powers and duties of the board,

        (ii)  governing the composition of the board, terms of office for board members, the filling of vacancies on the board, quorum requirements and conflicts of interest for board members,

        (iii)  authorizing the board to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (d)  governing the senate, including regulations,

         (i)  prescribing the powers and duties of the senate,

        (ii)  governing the composition of the senate, terms of office for senate members, the filling of vacancies on the senate and quorum requirements,

        (iii)  authorizing the senate to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (e)  governing the appointment of a chancellor of the University and prescribing the duties of the chancellor;

   (f)  governing contracts described in section 14, including specifying amendments to any such contract;

  (g)  defining any term or phrase used in this Act that is not defined in this Act;

  (h)  respecting any transitional matter the Lieutenant Governor in Council considers necessary or advisable in connection with the continuation of the University by this Act or with the administration or implementation of this Act, including regulations,

         (i)  governing the composition of the first board of the University and the first senate of the University,

        (ii)  governing the first by-laws, policies and other instruments of the University,

        (iii)  governing the recognition of credits and marks awarded to students of the University, and the rights and privileges of those students,

       (iv)  governing the legal effect of the continuance of the University, including matters concerning the vesting of property and the assumption of obligations, liabilities, and the benefits and burdens of contracts, collective agreements and covenants.

Application to existing property, etc.

(2)  If it so provides, a regulation made under subclause (1) (h) (iv) applies in respect of property, obligations, contracts, collective agreements and covenants that existed before the regulation comes into force.

Conflict

(3)  In the event of a conflict between a regulation made under clause (1) (h) and this Act, the regulation prevails.

Amendment to this Act

18 Subsection 2 (2) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Commencement

19 (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2)  Section 18 comes into force on the later of the day subsection 2 (2) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

20 The short title of the Act set out in this Schedule is the Université de Hearst Act, 2021.

EXPLANATORY NOTE

Schedule 1
Class Proceedings Act, 1992

The Schedule amends the Class Proceedings Act, 1992. Clause 29.1 (1) (c) of the Act is re-enacted to remove the requirement that the court order the proceeding not be dismissed as one of the elements to the exception to the court’s obligation to dismiss a proceeding for delay. The Schedule also amends the French version of clause 29.1 (1) (b) of the Act to make it consistent with the English version of the Act.

Schedule 2
Corporations Act

The Schedule amends section 335 of the Corporations Act to clarify that the replacement provision for section 125.1 of the Act set out in Schedule 2 to the Act is to be read without the reference to section 117 after section 117 is repealed. The Schedule also makes a related amendment to the Cutting Unnecessary Red Tape Act, 2017 to allow the repeal of section 125.1 of the Corporations Act to come into force on a date to be named by proclamation.

Schedule 3
Education Act

The Education Act is amended to provide that the Minister has certain powers relating to the establishment of demonstration schools for exceptional pupils whose learning disabilities are such that a demonstration school program is required. The Act currently provides that the learning disabilities must be such that a residential setting is required.

The Schedule also amends the Act to add authority for the Lieutenant Governor in Council to make regulations regarding meetings held by the Centre Jules-Léger Consortium. The Act is amended to repeal sections 8 and 9 of Schedule 1 to the Act.

Schedule 4
Election Act

The Election Act is amended so that nomination papers for prospective candidates no longer have to name an auditor, but do have to provide the names of the persons who can accept contributions on behalf of the candidate and the financial institutions that will accept the deposits of contributions.

Schedule 5
Electricity Act, 1998

The Schedule repeals provisions of the Electricity Act, 1998 that require priority connection access to renewable energy generation facilities and the provision of information about a distribution system’s or transmission system’s ability to accommodate generation from a renewable energy generation facility. A related regulation making power is also repealed.

Schedule 6
Employment Standards Act, 2000

The Employment Standards Act, 2000 is amended to provide that an employment standards officer may require an employer to conduct an examination of the employer’s records, practices or both in relation to one or more provisions of the Act or the regulations. The employment standards officer may require the employer to provide specified information, including information about whether the employer has complied with the Act and the regulations and whether employees are owed wages and if so, the amounts owed. The current provisions in the Act respecting self-audits by employers are repealed.

Currently, an employer may only deposit wages for an employee at a financial institution if, among other conditions, an office or facility of the financial institution is located within a reasonable distance from the location where the employee usually works, unless the employee agrees otherwise. The Schedule repeals that condition.

Schedule 7
Family Responsibility and Support Arrears Enforcement Act, 1996

The Schedule amends the Family Responsibility and Support Arrears Enforcement Act, 1996 in respect of various issues. Section 7 of the Act is amended to grant discretion to the Director to refuse to enforce a support order or support deduction order, or any part of such support order or support deduction order. Sections 8 and 8.2 of the Act are amended to permit the recipient to terminate a support obligation provided for in a support order or support deduction order by giving notice to the Director.

The Act is also amended to include a new section 8.1.1, which provides the Director with discretion to discontinue enforcement or enforce a lesser amount of support with respect to a support order or support deduction order that pertains to a child who has reached the age of majority if certain conditions are met. Under subsection 8.1.1 (2), the Director may resume enforcement or reinstate the amount enforced before the reduction upon receipt of a written response from the recipient.

Finally, the Act is amended to include new subsections 50 (3), (4) and (5). Subsection 50 (3) permits the Director to serve a document issued by another Canadian jurisdiction on a person in Ontario for the purpose of attaching the income or funds referred to in that document if certain conditions are met. Subsection 50 (4) requires that the document be served in the same manner as a notice of support deduction order under the Act. Subsection 50 (5) provides that once a document is served, it has the same force and effect and may be dealt with in the same manner as a notice of support deduction order under the Act.

Schedule 8
Fish and Wildlife Conservation Act, 1997

The Schedule amends section 112 of the Fish and Wildlife Conservation Act, 1997 to clarify the regulation-making power to require holders of licences and authorizations under the Act to complete and submit reports to the Minister at such time as may be prescribed. In addition, the amendment adds a power to make regulations requiring the holder of a hunting licence who fails to submit a report at the prescribed time to pay a penalty in the amount prescribed.

Schedule 9
French Language Services Act

The Schedule amends the definition of “government agency” in the French Language Services Act to permit the designation of municipal homes and joint homes as public service agencies.

Schedule 10
Justices of the Peace Act

The Schedule amends clause 8 (3) (f) of the Justices of the Peace Act respecting the composition of the Justices of the Peace Review Council so that any licensees under the Law Society Act may be eligible for appointment to the Council, rather than just lawyers.

Schedule 11
Labour Relations Act, 1995

A technical amendment is made to the French version of section 102 of the Labour Relations Act, 1995.

Schedule 12
Law Society Act

Subsection 48 (1) of the Law Society Act, which provides for circumstances in which a licensee’s licence may be summarily revoked, is amended to add the circumstance that a suspension order made against the licensee under clause 45 (3) (b) or (c) of the Act is still in effect after 24 months.

Schedule 13
Liquor Licence and Control Act, 2019

The Schedule makes various amendments to the Liquor Licence and Control Act, 2019, which is not yet in force, including the following:

   1.  The definition of “wine” in subsection 1 (1) of the Act is re-enacted to specify that it is subject to regulations that may clarify the meaning of the term, and to distinguish between the natural sugars contained in fruit versus in other agricultural products such as honey.

   2.  Subsection 3 (4) of the Act is amended to permit additional ineligibility criteria for a licence to be added by regulations made under the Act.

   3.  Section 13 of the Act is amended to permit the Registrar to suspend a licence without issuing a proposal to do so, if the Registrar considers it to be necessary in the public interest. The licence holder’s entitlement to a hearing respecting the suspension is retained.

   4.  Section 16 of the Act, which deals with permits, is amended to make the section more consistent with corresponding provisions respecting licences.

Schedule 14
Mining Act

The Schedule amends the Mining Act to add a requirement for the Provincial Recording Office to maintain a licence of occupation registry in addition to its existing duty to maintain a mining claims registry. Complementary amendments are made to various provisions of the Act to reflect the addition of the new registry. As well, various provisions are amended to add express reference to licences of occupation.

In addition, section 52 of the Act is amended respecting the sale of the end product of the mining, milling or refining of more than a specified quantity of mineral bearing substance from an unpatented mining claim for the purpose of testing mineral content, as permitted by the Minister under subsection 52 (1). Under subsection 52 (3), the sale or disposition of the end product is prohibited until the mining claim from which the minerals were taken is leased under the Act. This prohibition is subject to an exception in subsection 52 (4), where the Minister may give written permission for such sale or disposition. The Schedule adds a subsection 52 (5) so that additional circumstances in which such sale or disposition is permitted may be prescribed by regulations made under the Act, and the regulations may also govern the sale or disposition.

Finally, a number of corrections are made to the French version of the Act.

Schedule 15
Modernizing Ontario for People and Businesses Act, 2020

The Modernizing Ontario for People and Businesses Act, 2020 is amended to repeal the term “administrative cost” and enact the terms “direct compliance cost” and “broader public sector organization”. Related and consequential amendments are made.

Schedule 16
Northern Ontario School of Medicine University Act, 2021

The Northern Ontario School of Medicine University Act, 2021 is enacted, which continues the Northern Ontario School of Medicine as the Northern Ontario School of Medicine University. The Act provides that the University may grant the degrees prescribed by regulation and other degrees that it may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000. Various other provisions and regulation-making powers are also enacted regarding the administration of the University.

Schedule 17
Not-for-Profit Corporations Act, 2010

A new Part XVI is added to the Not-for-Profit Corporations Act, 2010 to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period. The replacement provisions are set out in a new Schedule 1 to the Act. The replacement provisions address, among other things, the holding of meetings of members and directors by telephonic or electronic means and voting at meetings by alternate means.

The temporary suspension period for each section of Schedule 1 is the period that begins on the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and ends on December 31, 2021 and, if the regulations so provide for a particular section, a further prescribed period of time immediately following December 31, 2021. A new Part XVII is added to the Act to address transitional matters in connection with the application of Schedule 1.

Several housekeeping amendments are made to the Act as a consequence of certain provisions being repealed.

Schedule 18
Ontario Drug Benefit Act

The provisions of the Ontario Drug Benefit Act requiring the establishment of a Pharmacy Council and a Citizens’ Council are repealed.

Schedule 19
Ontario Energy Board Act, 1998

The Schedule amends two provisions of the Ontario Energy Board Act, 1998:

   1.  Subsection 70 (2.1) of the Act sets out conditions that are deemed to apply to every licence issued to a transmitter or distributor. The subsection is amended to remove a condition requiring a licensee to provide priority connection access to its transmission system or distribution system for specified renewable energy generation facilities.

   2.  Subsection 96 (2) of the Act sets out a limited list of factors that the Board may consider when it considers whether the construction, expansion or reinforcement of the electricity transmission line or electricity distribution line, or the making of the interconnection, is in the public interest. Promotion of the use of renewable energy sources is removed from the list.

Schedule 20
Ontario Immigration Act, 2015

Various amendments are made to the Ontario Immigration Act, 2015, including amendments to provide for the following:

   1.  A person licensed as an immigration and citizenship consultant in good standing under the College of Immigration and Citizenship Consultants Act (Canada) may act as a representative.

   2.  An inspector’s power to enter premises applies in respect of employers who have applied for an approval and persons who are applicants in a category for entrepreneurs or who have been approved in such a category.

   3.  The time for requesting an internal review of a decision or order is 30 days in all cases.

Schedule 21
Ontario Works Act, 1997

The Schedule amends the Ontario Works Act, 1997.

The Schedule changes the definition of employment assistance to employment and life stabilization assistance and makes related amendments. Amendments are made to sections 19 and 22.1 to update the rules related to overpayments.

Subsection 38 (1) of the Act is amended to provide that the Ministry can be designated as a delivery agent for a geographic area. Certain amendments to the Act are made to set out how those provisions apply in geographic areas in which the Ministry is or is not the delivery agent. With respect to geographic areas in which the Ministry is the delivery agent, new section 50 of the Act provides that a delivery partner can be designated to exercise prescribed powers and duties. New sections 50.1 and 50.2 are added setting out rules related to delivery partners. Various amendments to the Act are made to reflect that certain provisions that applied to delivery agents will also apply to delivery partners. Several amendments are made to the regulation-making powers set out in subsections 74 (1) and (2).

The Schedule repeals Schedule D to the Social Assistance Reform Act, 1997. Consequential and other amendments are also made to the District Social Services Administration Boards Act, the Insurance Act and the Ontario Disability Support Program Act, 1997.

Schedule 22
Opioid Damages and Health Care Costs Recovery Act, 2019

The Opioid Damages and Health Care Costs Recovery Act, 2019 is amended to reflect the addition of home and community care services to the Connecting Care Act, 2019 and the repeal of the Home Care and Community Services Act, 1994.

Schedule 23
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF eNERGY, nORTHERN dEVELOPMENT AND mINES

The Schedule repeals amendments to section 62 of the Planning Act that were made by Schedule 6 to the COVID-19 Economic Recovery Act, 2020 but are not yet in force. The Schedule makes different amendments to that section, to provide for specified projects undertaken by transmitters within the meaning of the Electricity Act, 1998 or by Ontario Power Generation Inc. that have met specified criteria under the Environmental Assessment Act to be exempted from the Planning Act and from section 113 or 114 of the City of Toronto Act, 2006.

Schedule 24
Planning Act — aMENDMENTS pROPOSED BY THE mINISTRY OF mUNICIPAL aFFAIRS AND hOUSING

The Schedule amends the Planning Act. The principal amendments to the Act are described below.

Amendments are made in relation to the exceptions to subdivision control under subsection 50 (3) of the Act as follows:

   1.  A new clause 50 (3) (a.1) is added to provide an exception in respect of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have otherwise merged in the person as a result of the death of one of the joint tenants.

   2.  The existing exception under clause 50 (3) (b) currently applies where the person undertaking the transaction does not retain a specified interest in any abutting land other than the whole of one or more lots within a registered plan of subdivision. The clause is re-enacted to expand the types of abutting land in which a specified interest can be retained.

   3.  The existing exception under clause 50 (3) (g) currently applies where land is acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line and is being disposed of to the person from whom it was acquired. The clause is re-enacted to provide that the exception also applies where such land is disposed of to the successor in title to the person from whom it was acquired. The re-enacted clause also requires that the person to whom the land is being disposed of must hold a specified interest in land abutting the land being disposed of.

Similar changes are made in relation to the exceptions to part-lot control under subsection 50 (5).

Subsection 50 (18) is re-enacted to prohibit any foreclosure or exercise of a power of sale from having any effect in law unless all the land subject to the mortgage or charge is included in the foreclosure or exercise of the power of sale or the land could otherwise be conveyed in compliance with section 50. Consequential amendments are made to subsections 50 (1.1) to (1.5) and 54 (2.1), (2.2), (6.1) and (7) and 55 (1).

Various amendments are made to section 51 of the Act to enhance requirements in relation to public notice, information and public meetings in relation to the process associated with applications for plans of subdivision. Subsections 51 (35) and (50) are amended to require, after a notice of appeal is received, the approval authority to forward to the Tribunal such information and material as the Tribunal may require.

Currently, subsection 53 (1) provides that an owner or chargee of land or such owner’s or chargee’s agent may apply for a consent as defined in subsection 50 (1). An amendment is made to also permit a purchaser of land or the purchaser’s agent to apply for a consent.

A new subsection 53 (4.2.1) provides that an application for a consent may be amended by an applicant at any time before the council or the Minister gives or refuses to give a consent. If the application is amended, a new subsection 53 (4.2.2) permits imposition of terms as the council or Minister considers appropriate.

Amendments are made to section 53 in relation to the process associated with consent applications. A new subsection 53 (5.1) provides that a regulation requiring a public meeting may also specify other requirements in relation to the meeting. Subsections 53 (15) and (28) are amended to require, after a notice of appeal is received, the clerk of a municipality or the Minister, as the case may be, to forward to the Tribunal such information and material as the Tribunal may require.

Currently, subsection 53 (41) deems an application for consent to be refused if, after the applicable one-year period, the conditions imposed on the application have not been fulfilled. New subsections 53 (41.1) to (41.4) provide rules relating to a request to extend the one-year period that would otherwise apply by a period of up to one additional year.

A new subsection 53 (42.1) sets out circumstances in which the clerk of a municipality or the Minister, as the case may be, is required to issue a certificate to an applicant for a consent for the retained land in an application for consent. A definition of “retained land” is also added to section 50.

New subsections 53 (45) to (48) set out rules governing the issuance of certificates of cancellation, where applied for by the owner of the land or the owner’s agent. A new subsection 53 (49) sets out rules that apply after the registration of the certificate of cancellation. Consequential amendments are made to subsections 50 (1.1) to (1.5), 54 (2.1), (6.1) and (7) and 55 (1).

Schedule 25
Regulated Health Professions Act, 1991

The Regulated Health Professions Act, 1991 is amended to repeal the provisions that establish and govern the Health Professions Regulatory Advisory Council. Related amendments are made to the Act and to various health professions Acts to repeal references to the Advisory Council.

Schedule 26
Statute Labour Act

The Schedule amends the Statute Labour Act and makes complementary amendments to another Act. Existing section 38 is repealed and replaced with new section 38 which provides that a road commissioner shall dispose of the assets and liabilities of their office and sets out an exception to that requirement. The Schedule repeals section 39 of the Act.

Schedule 27
Statutory Powers Procedure Act

The Schedule adds a new section 29 to the Statutory Powers Procedure Act that imposes prohibitions on various activities relating to the recording of proceedings to which the Act applies, including taking or attempting to take photographs, audio or video recordings or other records at hearings and in other specified circumstances, as well as disseminating the photographs, recordings and records. The prohibitions are subject to a number of stated exceptions. Every person who contravenes a prohibition in section 29 is guilty of an offence and on conviction is liable to a fine of not more than $25,000. Consequential amendments are made to the Police Services Act and the Veterinarians Act.

In addition, the Schedule amends the Statutory Powers Procedure Act by,

  (a)  amending clause 3 (2) (d) to reflect changes in other legislation; and

  (b)  amending subsection 14 (1) to make a change in the French version.

Schedule 28
Université de Hearst Act, 2021

The Université de Hearst Act, 2021 is enacted, which continues the Collège de Hearst as the Université de Hearst. The Act provides that the University may grant the degrees prescribed by regulation and other degrees that it may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000. Various other provisions and regulation-making powers are also enacted regarding the administration of the University.

Bill 276 2021

An Act to enact and amend various Acts

CONTENTS

 

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

Contents of this 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.

(2)  The Schedules to this Act come into force as provided in each Schedule.

(3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Supporting Recovery and Competitiveness Act, 2021.

 

Schedule 1
Class Proceedings Act, 1992

1 (1)  The French version of clause 29.1 (1) (b) of the Class Proceedings Act, 1992 is amended by adding “autres” before “mesures nécessaires”.

(2)  Clause 29.1 (1) (c) of the Act is repealed and the following substituted:

  (c)  the court has established a timetable for service of the representative plaintiff’s motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding; or

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 2
Corporations Act

1 Section 335 of the Corporations Act is amended by adding the following subsection:

Interpretation of s. 3 of Schedule 2

(3)  On and after the day section 117 is repealed by section 27 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017, subsection 125.1 (2) of the replacement provision set out in section 3 of Schedule 2 to this Act shall be read without reference to “Despite section 117,”.

Cutting Unnecessary Red Tape Act, 2017

2 Subsection 85 (5) of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 is amended by striking out “31 (2), 33 (2)” and substituting “33 (2)”.

Commencement

3 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on the later of the day section 27 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 3
Education Act

1 (1)  Subsection 13 (5) of the Education Act is amended by striking out “residential setting” in the portion after clause (b) and substituting “demonstration school program”.

(2)  Subsection 13 (5.0.1) of the Act is repealed.

2 (1)  Subsection 13.1 (12) of the Act is amended by adding the following clauses:

(a.1) prescribing the number of meetings of the Consortium;

(a.2) governing the circumstances in which the chair of the Consortium is required to be physically present in the meeting room of the Consortium for meetings of the Consortium;

(2)  Section 13.1 of the Act is amended by adding the following subsection:

Same

(12.1)  A regulation under clause (12) (a.1) or (a.2) may set out rules with respect to periods of time before the regulation is filed.

3 Sections 8 and 9 of Schedule 1 to the Act are repealed.

Consequential amendment

4 Subsection 10 (1) of Schedule 12 to the Stronger, Fairer Ontario Act (Budget Measures), 2017 is repealed.

Commencement

5 (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Subsection 1 (2) comes into force on the later of September 1, 2021 and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(3)  Sections 2 and 3 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 4
Election Act

1 Clause 27 (2) (m) of the Election Act is repealed and the following substituted:

(m)  the names of all persons authorized by the prospective candidate to accept contributions in respect of their candidacy;

(m.1)  the name and address of every financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the prospective candidate as the depositories for all contributions made to that person in respect of their candidacy;

(m.2)  the names of the persons responsible for each depository referred to in clause (m.1); and

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 5
Electricity Act, 1998

1 Section 25.37 of the Electricity Act, 1998 is repealed.

2 Subsections 26 (1.1), (1.2) and (1.3) of the Act are repealed.

3 Clause 114 (1.4) (0.a.1) of the Act is repealed.

Commencement

4 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 6
Employment Standards Act, 2000

1 The French version of clause (a) of the definition of “wages” in subsection 1 (1) of the Employment Standards Act, 2000 is amended by striking out “en espèces” and substituting “en argent”.

2 Subsection 11 (4) of the Act is amended by adding “and” at the end of clause (a), by striking out “and” at the end of clause (b) and by repealing clause (c).

3 Section 91 of the Act is amended by adding the following subsections:

Self-audit

(10.1)  In addition to the powers set out in subsection (6), an employment standards officer conducting an inspection may, by giving written notice, require an employer to conduct an examination of the employer’s records, practices or both in relation to one or more provisions of this Act or the regulations.

Examination and report

(10.2)  If an employer is required to conduct an examination under subsection (10.1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice.

Notice

(10.3)  A notice given under subsection (10.1) shall specify,

  (a)  the period to be covered by the examination;

  (b)  the provision or provisions of this Act or the regulations to be covered by the examination; and

  (c)  the date by which the employer must provide a report of the results of the examination to the employment standards officer.

Same

(10.4)  A notice given under subsection (10.1) may specify,

  (a)  the method to be used in carrying out the examination;

  (b)  the format of the report; and

  (c)  such information to be included in the employer’s report as the employment standards officer considers appropriate.

Same

(10.5)  Without restricting the generality of clause (10.4) (c), a notice given under subsection (10.1) may require the employer to include in the report to the employment standards officer,

  (a)  an assessment of whether the employer has complied with this Act or the regulations;

  (b)  if, pursuant to clause (a), the employer has included an assessment that the employer has not complied with this Act or the regulations;

         (i)  an assessment of whether one or more employees are owed wages, and

        (ii)  a description of the measures that the employer has taken or will take to ensure that this Act or the regulations will be complied with; and

  (c)  if, pursuant to subclause (b) (i), the employer has included an assessment that one or more employees are owed wages, the name of every employee who is owed wages, the amount of wages owed to each employee and an explanation of how the amount of wages owed to each employee was determined.

4 Section 91.1 of the Act is repealed.

Commencement

5 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 7
Family Responsibility and Support Arrears Enforcement Act, 1996

1 (1)  Subsection 7 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is amended by adding “or any part of such support order or support deduction order” after “support deduction order” in the portion before clause (a).

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

Deemed withdrawal

(3)  If the Director refuses to enforce an order or any part of such order under subsection (1), the Director shall notify the payor and the recipient and such order or any part of such order, as the case may be, shall be deemed to be withdrawn from the Director’s office on the date set out in the notice.

2 (1)  Subsection 8 (2) of the Act is amended by adding the following clause:

(a.1) the Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation has terminated;

(2)  Section 8 of the Act is amended by adding the following section:

Recipient’s Notice to Director

(5)  For the purposes of clause (2) (a.1), if a support order or related support deduction order is filed in the Director’s office, the recipient shall give the Director notice of a termination of a support obligation under such order, in the manner and at the time prescribed by the regulations.

3 The Act is amended by adding the following section:

Director’s discretion re child that has attained the age of majority

8.1.1  (1)  Despite section 5 and subject to section 8.3, with respect to a support order or support deduction order that is filed in the Director’s office and that pertains to a child who has attained the age of majority, the Director has discretion to discontinue enforcement or, in accordance with section 8.2, enforce a lesser amount of support if,

  (a)  the Director serves on the recipient a request to provide any information the Director considers necessary to establish that, with respect to the child who has attained the age of majority, the enforcement of the support obligation should continue; and

  (b)  the recipient does not respond in writing within 20 days after being served or the Director is of the opinion that the information provided by the recipient does not meet the requirements in clause (a).

Reinstatement

(2)  If, after the Director exercises discretion to discontinue enforcement or enforce a lesser amount in accordance with subsection (1), the Director receives a written response from the recipient to the Director’s request, the Director may resume enforcement or reinstate the amount enforced before the reduction.

Director’s discretion may be exercised upon payor’s request

(3)  The Director may exercise his or her discretion referred to in subsection (1) upon the written request of the payor.

4 Paragraph 2 of subsection 8.2 (2) of the Act is amended by adding the following subparagraph:

         iii.  The Director is informed by the recipient, in the manner prescribed by the regulations, that the support obligation under the order has terminated with respect to a child.

5 (1)  The English version of subsection 50 (1) of the Act is repealed and the following substituted:

Recognition of extra-provincial garnishments

50 (1)  The clerk of the Ontario Court of Justice or Family Court shall issue a notice of garnishment to enforce the support or maintenance obligation upon the filing of a garnishment process that,

  (a)  is issued outside Ontario and is directed to a garnishee in Ontario;

  (b)  states that it is issued in respect of support or maintenance; and

  (c)  is written in or accompanied by a sworn or certified translation into English or French.

(2)  Section 50 of the Act is amended by adding the following subsections:

Exception, support deduction document issued by another Canadian jurisdiction

(3)  The Director may serve a document on a person in Ontario for the purpose of attaching the income or funds referred to in that document, if the following conditions are met:

   1.  The document is filed in the Director’s office by a competent authority that is responsible for enforcement in another Canadian province or territory.

   2.  The Director is of the opinion that the document is similar in nature to a notice of support deduction order under this Act and has been issued by a competent authority in another Canadian province or territory.

   3.  The document relates to the income or funds of a payor who is required to make payments pursuant to a support obligation that is being enforced by a competent authority in another Canadian province or territory.

   4.  The payor has or is purported to have income or funds located in Ontario.

   5.  Any other conditions as may be prescribed by the regulations.

(4)  The document served under subsection (3) shall be served in the same manner as a notice of support deduction order under this Act may be served.

(5)  For the purposes of this Act, once the document referred to in subsection (3) is served, it has the same force and effect and may be dealt with in the same manner as a notice of support deduction order under this Act.

Commencement

6 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 8
Fish and Wildlife Conservation Act, 1997

1 Section 112 of the Fish and Wildlife Conservation Act, 1997 is amended by adding the following subsection:

Same

(2)  A regulation made under paragraph 52 of subsection (1) may, without limiting the generality of that paragraph,

  (a)  require the holder of a licence or of an authorization given under this Act to complete reports and submit them to the Minister or another person at such time as may be prescribed;

  (b)  establish rules governing the content and the submission of the reports; and

  (c)  require the holder of a hunting licence who fails to submit a report at the prescribed time to pay a penalty and prescribe the amount of the penalty.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 9
French Language Services Act

1 Clause (d) of the definition of “government agency” in section 1 of the French Language Services Act is amended by striking out “other than a municipal home or joint home established under Part VIII of the Long-Term Care Homes Act, 2007”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 10
Justices of the Peace Act

1 Clause 8 (3) (f) of the Justices of the Peace Act is amended by striking out “a lawyer” at the beginning and substituting “a licensee within the meaning of the Law Society Act”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 11
Labour Relations Act, 1995

1 The French version of section 102 of the Labour Relations Act, 1995 is amended by striking out “décision rendue” and substituting “directive donnée”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 12
Law Society Act

1 Clause 48 (1) (b) of the Law Society Act is amended by adding “or clause 45 (3) (b) or (c)” after “subsection 35 (1)”.

Commencement

2 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 13
Liquor Licence and Control Act, 2019

1 The definition of “wine” in subsection 1 (1) of the Liquor Licence and Control Act, 2019 is repealed and the following substituted:

“wine”, subject to the regulations, means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of the natural sugar contents of,

  (a)  fruits, including grapes and apples, or

  (b)  other agricultural products containing sugar, including honey and milk. (“vin”)

2 (1)  Paragraph 7 of subsection 3 (1) of the Act is repealed and the following substituted:

   7.  A manufacturer’s licence to sell.

(2)  Subsection 3 (4) of the Act is amended by striking out “or” at the end of clause (e), by adding “or” at the end of clause (f) and by adding the following clause:

  (g)  a prescribed circumstance exists in relation to the category or class of the category of licence.

3 Paragraph 3 of subsection 4 (1) of the Act is amended by striking out “will be issued” at the end and substituting “would be issued”.

4 Subsections 7 (12) and (13) of the Act are repealed.

5 Subsection 8 (2) of the Act is amended by striking out “If, for the reason described in subsection 3 (6), the Registrar refuses to issue a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6)” at the beginning and substituting “If, for the reason described in subsection 3 (6), the issuance of a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) is refused”.

6 (1)  Clause 13 (1) (a) of the Act is repealed and the following substituted:

  (a)  the licensee would not be eligible for a licence under subsection 3 (4) or 3 (6) if the licensee were an applicant under section 3; or

(2)  Subsections 13 (2), (3) and (4) of the Act are repealed and the following substituted:

Suspension without proposal

(2)  The Registrar may suspend a licence issued under this Act without issuing a proposal if the Registrar considers it to be necessary in the public interest.

Notice and immediate effect

(3)  The Registrar shall serve notice of a suspension under subsection (2) on the licensee together with written reasons, and the suspension takes effect immediately on the licensee being served.

Notice requiring hearing

(4)  A notice served under subsection (3) shall inform the licensee 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, a notice in writing requiring a hearing by the Tribunal.

Hearing

(4.1)  Section 26 applies with respect to a notice served under subsection (3) in the same way as to a notice of a proposal issued under subsection (1), with necessary modifications.

Limit on further applications

(4.2)  If, for the reason described in subsection 3 (6), the Tribunal directs the Registrar to revoke a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6), the Registrar may propose, on notice to the owner of the property at which the 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.

Exception

(4.3)  If the Tribunal is satisfied that there has been a significant change in the circumstances in respect of the premises since the licence was revoked, the Tribunal may permit an application for a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) within the period specified by the Registrar under subsection (4.2).

7 (1)  Subsection 16 (2) of the Act is repealed and the following substituted:

Requirements

(2)  An applicant is not eligible for a permit if,

  (a)  the applicant would not be eligible for a licence to operate a liquor consumption premises for any ground described in subsection 3 (4), except as provided by the regulations; or

  (b)  the premises in respect of which the permit would be issued is disqualified under section 18.

(2)  Clause 16 (3) (a) of the Act is amended by striking out “eligible” and substituting “not ineligible”.

(3)  Subsection 16 (4) of the Act is repealed and the following substituted:

Issuance of permit

(4)  The Registrar shall issue a permit to an applicant if,

  (a)  the applicant complies with this Act, the regulations and the standards and requirements established by the Registrar under section 24, is not ineligible for a permit and pays the required fee; and

  (b)  the Registrar approves the application or the Tribunal directs the Registrar to issue the permit.

8 Subsection 25 (1) of the Act is amended by adding the following paragraph:

   7.  Restrict further applications for a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) in respect of the same premises, as described in subsection 13 (4.2).

Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020

9 Subsection 1 (4) of Schedule 26 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 is repealed.

Commencement

10 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Sections 1 to 3 and 5 to 8 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 14
Mining Act

1 (1)  Subsection 1 (1) of the Mining Act is amended by adding the following definitions:

“licence of occupation registry” means the licence of occupation registry described in section 7.1; (“registre des permis d’occupation”)

“registry” means the mining claims registry or the licence of occupation registry, as applicable; (“registre”)

(2)  Section 1 of the Act is amended by adding the following subsection:

Interpretation of recording, record, etc.

(14)  For greater certainty and unless the contrary intention appears,

  (a)  a reference in this Act or the regulations to the recording of an entry, note, instrument or document is a reference to the entering of the entry, note, instrument or document in a registry;

  (b)  a reference in this Act or the regulations to a recorded right or interest is a reference to a right or interest that has been noted in a registry; and

  (c)  a reference in this Act or the regulations to a recorded claim holder is a reference to the holder of a mining claim registered in the mining claims registry.

2 Paragraph 6 of subsection 4.1 (1) of the Act is amended by striking out “the mining claims registry described in section 7” and substituting “a registry”.

3 Section 7 of the Act is repealed and the following substituted:

Mining claims registry

7 (1)  The Provincial Recording Office shall maintain the mining claims registry, which shall include,

  (a)  records of all mining claims;

  (b)  maps showing the locations of all mining claims;

  (c)  information about each claim holder as may be prescribed; and

  (d)  for each mining claim,

         (i)  an abstract in which all transfers, assessment work reports, exploration plans, exploration permits, orders, agreements, instruments, notes and other entries relating to the mining claim are recorded,

        (ii)  any assessment work reports, exploration plans and exploration permits relating to the mining claim, and

        (iii)  any orders, agreements, instruments or other documents relating to the mining claim that are in an electronic format.

Exception, Minister’s direction

(2)  Despite subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct that certain instruments or documents referred to in that subclause, or certain classes of such instruments or documents, not be included in the mining claim registry.

Licence of occupation registry

7.1  (1)  The Provincial Recording Office shall maintain the licence of occupation registry, which shall include,

  (a)  records of all licences of occupation;

  (b)  maps showing the locations of all lands to which a licence of occupation applies;

  (c)  information about each licence holder as may be prescribed; and

  (d)  for each licence of occupation,

         (i)  an abstract in which all transfers, assessment work reports, exploration plans, exploration permits, orders, agreements, instruments, notes and other entries relating to the licence are recorded,

        (ii)  any assessment work reports, exploration plans and exploration permits relating to the licence, and

        (iii)  any orders, agreements, instruments or other documents relating to the licence that are in an electronic format.

Exception, Minister’s direction

(2)  Despite subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct that certain instruments or documents referred to in that subclause, or certain classes of such instruments or documents, not be included in the licence of occupation registry.

Registries, general

7.2  (1)  The Provincial Recording Office shall maintain the registries,

  (a)  in an electronic format, subject to subsections (2) and (3); and

  (b)  in accordance with the requirements established under the Archives and Recordkeeping Act, 2006.

Non-electronic formats

(2)  The Minister may direct that certain instruments or documents relating to a mining claim or licence of occupation that are received in a format other than an electronic format be maintained as part of the applicable registry in the format in which they are received or in such other format as the Minister directs.

Legacy claims, licences of occupation

(3)  The Provincial Recording Office shall maintain all records, maps, documents or information required under section 7 or 7.1 with respect to legacy claims or to licences of occupation in an electronic format as part of the applicable registry, but they may also be maintained, together with other historical information, in other formats as the Minister directs.

Public availability

(4)  The records, maps, documents and information required under section 7 or 7.1 shall be made available to the public,

  (a)  through the mining lands administration system on a website of the Government of Ontario approved for this purpose or through such other means as may be determined with respect to section 7, 7.1 or both in accordance with the regulations; and

  (b)  at the Provincial Recording Office during normal business hours or at such other locations and times as the Minister directs.

Exception

(5)  Despite subsection (4), the instruments and documents referred to in subsection (2) that are maintained as part of a registry shall be made available to the public in the prescribed manner and place, subject to any prescribed conditions.

Personal information

(6)  Any personal information maintained as part of a registry is maintained for the purpose of creating a record that is available to the general public, as described in section 37 of the Freedom of Information and Protection of Privacy Act.

4 Subsections 8 (1) and (2) of the Act are repealed and the following substituted:

Deletion, correction and amendment to registry

(1)  A recorder may,

  (a)  delete, correct or amend an entry in a registry in accordance with the regulations;

  (b)  delete, correct or amend an entry in a registry because it does not comply with this Act or the regulations; and

  (c)  make entries in a registry with respect to documents received in other than electronic format and delete, correct and amend entries in a registry to reflect such documents.

Notice of deletion, etc.

(2)  A recorder shall notify any affected person in the prescribed manner, if the recorder deletes, corrects, amends or makes an entry in a registry in accordance with subsection (1).

5 Section 41 of the Act is amended by adding the following subsection:

Recording of termination, reinstatement

(4.0.1)  The termination or reinstatement of a licence of occupation under this section shall be recorded in the licence of occupation registry.

6 Section 41.1 of the Act is amended by adding the following subsection:

Recording of revocation

(5)  The revocation of a licence of occupation under subsection (1) shall be recorded in the licence of occupation registry.

7 (1)  Subsection 52 (3) of the Act is amended by adding “or (5)” after “subsection (4)”.

(2)  Section 52 of the Act is amended by adding the following subsection:

Same, prescribed circumstances, requirements

(5)  Subsection (3) does not apply if the sale or disposition is permitted by and conducted in accordance with the regulations.

8 (1)  Subsection 57 (1) of the Act is amended by adding “or licence of occupation” after “unpatented mining claim”.

(2)  Subsection 57 (2) of the Act is amended by,

  (a)  striking out “the mining claim” and substituting “a mining claim or licence of occupation”; and

  (b)  adding “or licence” after “the claim”.

(3)  Subsection 57 (3) of the Act is amended by striking out “the mining claim” and substituting “a mining claim or licence of occupation”.

9 (1)  Subsection 60 (1) of the Act is repealed and the following substituted:

Recording instruments

(1)  Except as otherwise expressly provided in this Act, no transfer or assignment of a mining claim or licence of occupation, and no agreement or other instrument affecting a mining claim, licence of occupation or any recorded right or interest acquired under this Act, shall be recorded in the applicable registry unless it satisfies the directives made by the Minister under subsection 4.1 (2) relating to the use of the mining lands administration system.

(2)  Subsection 60 (1.1) of the Act is amended by adding “or licence of occupation” after “a mining claim”.

10 Sections 61 and 62 of the Act are repealed and the following substituted:

Priority

61 After a mining claim, licence of occupation or other right or interest acquired under this Act has been recorded in a registry, every instrument other than a will affecting the claim or licence, as the case may be, or an interest therein is void as against a subsequent purchaser or transferee for valuable consideration without actual notice, unless the instrument is recorded in the registry before the recording of the instrument under which the subsequent purchaser or transferee claims.

Recording constitutes notice

62 The recording under this Act of an instrument relating to a mining claim or licence of occupation constitutes notice of the instrument to all persons claiming an interest in the claim or licence after the instrument is recorded, even if there is a defect in the requirements for recording.

11 Section 64 of the Act is amended by adding the following subsection:

Application to licences of occupation

(14)  Subsections (2.1), (2.2), (2.3), (3), (4.1) (4.2) and (6) to (13) apply with necessary modifications with respect to licences of occupation.

12 (1)  The French version of subsection 66 (1) of the Act is amended by striking out “la répartition entre les claims des crédits de travail d’évaluation” and substituting “l’allocation des crédits de travail d’évaluation aux claims”.

(2)  The French version of clause 66 (4) (b) of the Act is repealed and the following substituted:

   b)  fixe le montant des crédits de travail d’évaluation à accorder aux travaux faisant l’objet du rapport ainsi que l’allocation de ces crédits aux claims.

13 The French version of subsection 129 (1) of the Act is amended by striking out “à la face même” and substituting “au recto”.

14 (1)  Subsection 176 (1) of the Act is amended by adding the following paragraph:

1.2.1 governing the licence of occupation registry;

(2)  Paragraph 2.0.1 of subsection 176 (1) of the Act is amended by striking out “the mining claims registry” at the end and substituting “a registry”.

(3)  Subsection 176 (1) of the Act is amended by adding the following paragraph:

7.1  for the purposes of subsection 52 (5), permitting and governing the sale or disposition of the end product of the mining, milling and refining permitted under subsection 52 (1);

(4)  The French version of paragraph 10 of subsection 176 (1) of the Act is amended by striking out “de répartition des crédits entre les claims” at the end and substituting “d’allocation des crédits aux claims”.

15 The French version of subsection 179 (1) of the Act is amended by striking out “à la demande de la Couronne par voie d’instance” and substituting “par voie d’instance introduite par la Couronne”.

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

Recording of order

(2)  If an order under subsection (1) concerns an unpatented mining claim or a licence of occupation, the order shall be noted on the abstract for the claim or licence and recorded in the applicable registry.

Commencement

17 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Sections 1 to 11, subsections 14 (1) to (3) and section 16 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 15
Modernizing Ontario for People and Businesses Act, 2020

1 (1)  The definition of “administrative cost” in subsection 1 (1) of the Modernizing Ontario for People and Businesses Act, 2020 is repealed.

(2)  Subsection 1 (1) of the Act is amended by adding the following definitions:

“broader public sector organization” has the same meaning as in the Broader Public Sector Accountability Act, 2010, and includes municipalities and long-term care homes; (“organisme du secteur parapublic”)

“direct compliance cost” means a direct cost of complying with a draft bill, regulation, policy or form, and includes administrative costs, fees, upfront capital costs, upfront operating costs and ongoing operating costs; (“frais directs de conformité”)

(3)  The definition of “regulated entity” in subsection 1 (1) of the Act is repealed and the following substituted:

“regulated entity”, subject to the regulations, includes every business, trade, occupation, profession, service, venture and broader public sector organization, whether or not carried on with a view to profit. (“entité réglementée”)

2 The heading before section 2 of the Act is repealed and the following substituted:

Control of Direct Compliance Costs

3 Subsection 2 (1) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

4 Clause 3 (a) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

5 (1)  Paragraph 1 of subsection 4 (1) of the Act is repealed and the following substituted:

   1.  Recognized national and international standards should be adopted.

(2)  Paragraph 3 of subsection 4 (1) of the Act is amended by striking out “stakeholders” and substituting “regulated entities”.

(3)  Paragraph 5 of subsection 4 (1) of the Act is amended by striking out “stakeholders” and substituting “regulated entities”.

6 (1)  Clause 10 (2) (c) of the Act is amended by striking out “administrative cost” and substituting “direct compliance cost”.

(2)  Clause 10 (2) (e) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

(3)  Clause 10 (2) (f) of the Act is amended by striking out “administrative costs” and substituting “direct compliance costs”.

Commencement

7 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 16
Northern Ontario School of Medicine University Act, 2021

Definitions

1 In this Act,

“board” means the board of governors of the University; (“conseil”)

“Minister” means the Minister of Colleges and Universities or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“property” includes real and personal property; (“biens”)

“senate” means the senate of the University; (“sénat”)

“University” means the Northern Ontario School of Medicine University continued under section 2. (“Université”)

Northern Ontario School of Medicine continued

2 (1)  Northern Ontario School of Medicine is continued as a corporation without share capital under the name Northern Ontario School of Medicine University in English and Université de l’École de médecine du Nord de l’Ontario in French, and shall consist of the members of its board.

Conflict with Corporations Act

(2)  In the event of a conflict between a provision of this Act or a regulation made under it and a provision of the Corporations Act, this Act or the regulation made under it prevails.

Objects

3 The University has such objects and special missions as may be prescribed by regulation.

Powers

4 The University has all the powers necessary and incidental to its objects, including the power to grant the degrees prescribed by regulation and any other degrees the University may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000.

Affiliates

5 (1)  The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

The Laurentian University of Sudbury Act, 1960

(2)  Section 27 of The Laurentian University of Sudbury Act, 1960 does not apply to the University.

Board of governors

6 (1)  There shall be a board of governors of the University responsible for governing and managing the affairs of the University.

Composition and procedures

(2)  The board shall comply with any requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The board has the powers and duties prescribed by regulation.

Senate

7 (1)  There shall be a senate of the University responsible for determining and regulating the educational policy of the University.

Composition and procedures

(2)  The senate shall comply with any requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The senate has the powers and duties prescribed by regulation.

Meetings

8 (1)  Subject to subsection (2), meetings of the board and of the senate shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the board or senate.

Closed meeting

(2)  The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate.

By-laws

(3)  The board and the senate shall publish their by-laws on the website of the University.

Chancellor

9 A chancellor of the University may be appointed, if the regulations provide for the appointment of a chancellor.

President

10 (1)  There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2)  The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Dean

(3)  The president of the University is also the dean of the University.

Property

11 (1)  The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Protection from expropriation

(2)  Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this subsection comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Use of property

(3)  The property and the revenue of the University shall be applied solely to achieving the objects of the University.

Investments

(4)  The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

12 The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve,

  (a)  borrow money and give security for money borrowed; and

  (b)  issue or give bonds, debentures and obligations as security.

Audits and reports

13 (1)  The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year.

Financial report

(2)  The University shall make a financial report annually to the Minister in such form and containing such information as the Minister may require.

Other reports

(3)  The University shall submit to the Minister such other reports as the Minister may require in such form and containing such information as the Minister may require.

Contracts with Laurentian University of Sudbury, Lakehead University, etc.

14 Any contract described as follows that was in effect on the day this section comes into force is subject to the regulations and to any amendments to the contract that may be prescribed by regulation:

   1.  A contract between the University and Laurentian University of Sudbury.

   2.  A contract between the University and Lakehead University.

   3.  A contract between the University and an entity related to Laurentian University of Sudbury or Lakehead University.

   4.  A contract between the University and any combination of the other parties referred to in paragraph 1, 2 or 3.

No cause of action re enactment of Act, etc.

15 (1)  No cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees and employees, or against the University or any current or former members of the board or senate or current or former officers or employees of the University,

  (a)  as a direct or indirect result of the enactment, amendment or repeal of any provision of this Act; or

  (b)  as a direct or indirect result of the making, amending or revoking of any provision of a regulation under this Act.

Proceedings barred

(2)  No proceeding, including but not limited to any proceeding in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.

Application

(3)  Without limiting the generality of subsection (2), that subsection applies to a proceeding, including any court, arbitral or administrative proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief or any form of damages or any other remedy or relief, or a claim to be compensated for any losses, including loss of earnings, loss of revenue or loss of profit.

Judicial review

(4)  This section does not apply to prevent an application for judicial review.

Not entitled to be compensated

16 Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection 15 (1).

Regulations

17 (1)  The Lieutenant Governor in Council may make regulations governing anything necessary or advisable for the effective administration and implementation of this Act, including regulations,

  (a)  prescribing the objects and special missions of the University;

  (b)  prescribing the degrees that the University may grant;

  (c)  governing the board of governors, including regulations,

         (i)  prescribing the powers and duties of the board,

        (ii)  governing the composition of the board, terms of office for board members, the filling of vacancies on the board, quorum requirements and conflicts of interest for board members,

        (iii)  authorizing the board to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (d)  governing the senate, including regulations,

         (i)  prescribing the powers and duties of the senate,

        (ii)  governing the composition of the senate, terms of office for senate members, the filling of vacancies on the senate and quorum requirements,

        (iii)  authorizing the senate to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (e)  governing the appointment of a chancellor of the University and prescribing the duties of the chancellor;

   (f)  governing contracts described in section 14, including specifying amendments to any such contract;

  (g)  defining any term or phrase used in this Act that is not defined in this Act;

  (h)    respecting any transitional matter the Lieutenant Governor in Council considers necessary or advisable in connection with the continuation of the University by this Act or with the administration or implementation of this Act, including regulations,

         (i)  governing the composition of the first board of the University and the first senate of the University,

        (ii)  governing the first by-laws, policies and other instruments of the University,

        (iii)  governing the recognition of credits and marks awarded to students of the University, and the rights and privileges of those students,

       (iv)  governing the legal effect of the continuance of the University, including matters concerning the vesting of property and the assumption of obligations, liabilities, and the benefits and burdens of contracts, collective agreements and covenants.

Application to existing property, etc.

(2)  If it so provides, a regulation made under subclause (1) (h) (iv) applies in respect of property, obligations, contracts, collective agreements and covenants that existed before the regulation comes into force.

Conflict

(3)  In the event of a conflict between a regulation made under clause (1) (h) and this Act, the regulation prevails.

Amendment to this Act

18 Subsection 2 (2) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Commencement

19 (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2)  Section 18 comes into force on the later of the day subsection 2 (2) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

20 The short title of the Act set out in this Schedule is the Northern Ontario School of Medicine University Act, 2021.

 

Schedule 17
Not-for-Profit Corporations Act, 2010

1 Subsection 103 (1) of the Not-for-Profit Corporations Act, 2010 is amended by striking out “A special resolution of the members or, if section 105 applies, of each applicable class or group of members, is required” at the beginning and substituting “A special resolution of the members is required”.

2 (1)  Subsection 111 (1) of the Act is amended by striking out “and, subject to subsection (4), to the members of each class or group of members” at the end.

(2)  Subsection 111 (5) of the Act is amended by striking out “Subject to subsection (4)” at the beginning.

3 Subsection 115 (5) of the Act, as re-enacted by subsection 28 (1) of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017, is repealed.

4 Subsection 116 (1) of the Act is amended by striking out “in accordance with subsections (2) to (4)” and substituting “in accordance with subsections (2) and (4)”.

5 Subsection 117 (5) of the Act is amended by striking out “This Act, except subsection (2) of this section” at the beginning and substituting “This Act”.

6 (1)  Subsection 118 (1) of the Act is amended by striking out “in accordance with subsections (2) to (6)” at the end and substituting “in accordance with subsections (2), (3) and (6)”.

(2)  Subsection 118 (6) of the Act is amended by striking out “of each class or group entitled to vote on it”.

7 (1)  Subsection 120 (3) of the Act is amended by striking out “and by each applicable class or group of members entitled to vote separately on the arrangement, in each case”.

(2)  Subsection 120 (4) of the Act is amended by striking out “if authorized by special resolution of the members, or of each applicable class or group of members, may apply to the court” and substituting “if authorized by special resolution of the members, may apply to the court”.

8 (1)  The Act is amended by adding the following Parts:

Part XVI
Special Rules During Temporary Suspension Period

Application of Schedule

211 (1)  The sections of Schedule 1 to this Act apply during the temporary suspension period, as described in subsection (2) for each section.

Temporary suspension period

(2)  The temporary suspension period, as referred to in each section of Schedule 1 to this Act, is the period that begins on the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and ends on December 31, 2021 and, if the regulations so provide for the section, a further prescribed period of time immediately following December 31, 2021.

Regulations

212 (1)  The Lieutenant Governor in Council may make regulations prescribing further periods of time for the purposes of subsection 211 (2).

Same

(2)  A regulation under subsection (1) may prescribe a different period of time for different sections of Schedule 1 to this Act and may provide for one or more extensions of a previously prescribed period.

Part XVII
Temporary Suspension Period — Transition

Minister’s regulations re transitional matters

213 (1)  The Minister may make regulations providing for such transitional matters as the Minister considers necessary or advisable in connection with the application of Schedule 1 to this Act.

Retroactive

(2)  A regulation under subsection (1) may be retroactive to a date no earlier than the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

(2)  Part XVI of the Act, as enacted by subsection (1), is repealed.

(3)  Part XVII of the Act, as enacted by subsection (1), is repealed.

9 (1)  The Act is amended by adding the following Schedule:

SCHEDULE 1
Special Rules During Temporary Suspension Period

Meeting by Electronic Means, Directors’ Meetings

1 The operation of subsection 34 (6) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meeting by electronic means

(6)  Despite any provision in the articles or by-laws of a corporation that provides otherwise, a meeting of directors or of a committee of directors may be held by such telephonic or electronic means as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, and a director participating in the meeting by those means is deemed for the purposes of this Act to be present at the meeting.

Meeting by Electronic Means, Members’ Meetings

2 (1)  The operation of subsection 53 (4) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meeting by electronic means

(4)  Despite any provision in the articles or by-laws of a corporation that provides otherwise, a meeting of the members of a corporation may be held by telephonic or electronic means and a member who, through those means, votes at the meeting or establishes a communications link to the meeting is deemed for the purposes of this Act to be present at the meeting.

(2)  The operation of subsection 53 (5) of the Act is temporarily suspended.

Voting, Members’ Meetings

3 The operation of subsections 58 (1) and (2) of the Act are temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Voting

(1)  Subject to subsection (3) and the articles or by-laws, voting at a meeting of members shall be by show of hands unless a ballot is demanded by a member or proxyholder entitled to vote at the meeting.

Ballot

(2)  Subject to subsection (3), a member or proxyholder may demand a ballot either before or after any vote.

Voting by alternate means

(3)  Despite any provision of this Act and the regulations, where a meeting of members is held by telephonic or electronic means in accordance with subsection 53 (4), the chair shall conduct the vote by a show of hands or by a ballot in accordance with subsections (1) and (2), if feasible, otherwise the chair may direct voting by alternate means.

4 (1)  The operation of subsection 67 (1) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Voting by mail or by telephonic or electronic means

(1)  Whether or not the articles or by-laws so provide, voting by mail or by telephonic or electronic means, in addition to or instead of voting by proxy, is permitted.

(2)  The operation of subsection 67 (2) of the Act is temporarily suspended.

(2)  Schedule 1 to the Act, as enacted by subsection (1), is repealed.

Commencement

10 (1)  Subject to subsections (2) to (4), this Schedule comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 3 comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(3)  Section 5 comes into force on the later of the day subsection 30 (2) of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017 comes into force and the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(4)  Subsections 8 (2) and (3) and 9 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 18
ONTARIO DRUG BENEFIT ACT

1 Section 1.4 of the Ontario Drug Benefit Act is repealed.

2 Section 1.5 of the Act is repealed.

Commencement

3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 19
Ontario Energy Board Act, 1998

1 Paragraph 1 of subsection 70 (2.1) of the Ontario Energy Board Act, 1998 is repealed.

2 Paragraph 2 of subsection 96 (2) of the Act is repealed.

Commencement

3 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 20
Ontario Immigration Act, 2015

1 Clause 14 (1) (b) of the Ontario Immigration Act, 2015 is repealed and the following substituted:

  (b)  a person licensed and in good standing as an immigration and citizenship consultant under the College of Immigration and Citizenship Consultants Act (Canada) or a successor Act to it;

2 Section 15 of the Act is amended by striking out “A person who acts as a recruiter or a representative” at the beginning and substituting “An applicant and a person who acts as a recruiter or a representative”.

3 Subsection 19 (1) of the Act is amended by striking out “two” and substituting “five”.

4 Subsection 23 (2) of the Act is amended by adding the following paragraphs:

2.1  An employer who has applied for an approval.

.     .     .     .     .

   4.  A person who is an applicant in a category for entrepreneurs or who has been granted an approval in such a category.

5 Subsection 34 (2) of the Act is repealed and the following substituted:

Process for request

(2)  To exercise a right under this Act to request an internal review of a decision or an order, the person or body who has the right to make the request shall give written notice of the request to the director within 30 days after receiving notice of the decision or order, as the case may be.

6 Clause 37 (1) (h) of the Act is repealed and the following substituted:

  (h)  delegating to the Minister the power to make regulations respecting any matter that may be the subject of a regulation under subclause (e) (ii);

Commencement

7 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 21
Ontario Works Act, 1997

1 (1)  The definitions of “community participation”, “employment assistance” and “employment measures” in section 2 of the Ontario Works Act, 1997 are repealed.

(2)  The definition of “assistance” in section 2 of the Act is repealed and the following substituted:

   “assistance” means employment and life stabilization assistance and basic financial assistance; (“aide”)

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

   “delivery partner” for a geographic area means the delivery partner designated by the Minister to carry out prescribed powers and duties relating to the administration of this Act and the provision of assistance in that area; (“partenaire en prestation de services”)

   “employment and life stabilization assistance” means assistance under section 4; (“aide à l’emploi et à la stabilisation de la vie”)

2 Section 4 of the Act is repealed and the following substituted:

Employment and life stabilization assistance

4 Employment and life stabilization assistance is the prescribed assistance to help a person to become and stay employed.

3 Clauses (a) to (c) of subsection 7 (4) of the Act are repealed and the following substituted:

  (a)  participate in any prescribed employment and life stabilization assistance activities; and

4 Subsection 19 (2.1) of the Act is repealed and the following substituted:

Overpayment as debt

(2.1)  An overpayment by a delivery agent under this Act is a debt due to the delivery agent and may also be declared in writing by the Director to be a debt due to the Crown in right of Ontario.

Debt due to Ministry as delivery agent

(2.2)  For greater certainty, a debt due to the Ministry as a delivery agent is a debt due to the Crown in right of Ontario.

5 Section 22.1 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Method of recovery, debt due to the Crown

22.1  The Crown in right of Ontario may recover an overpayment that is a debt due to the Crown or that has been deemed or declared to be a debt due to the Crown by any remedy or procedure that is available to the Crown by law if the administrator has given a recipient a notice in writing under section 21 and,

.     .     .     .     .

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

Delivery agents designated

38 (1)  The Minister may by regulation designate the Ministry or a municipality, band or board as a delivery agent for each geographic area to exercise the powers and duties of a delivery agent in that geographic area.

7 Section 43 of the Act is repealed and the following substituted:

Administrator appointed, delivery agents other than the Ministry

43 (1)  With respect to geographic areas in which the Ministry is not the delivery agent, each delivery agent shall, with the approval of the Director, appoint an administrator to oversee the administration of this Act and the provision of assistance in the delivery agent’s geographic area.

Administrator appointed, Ministry as delivery agent

(2)  With respect to geographic areas in which the Ministry is the delivery agent, the Minister shall appoint an employee of the Ministry as administrator to oversee the administration of this Act and the provision of assistance in the delivery agent’s geographic area.

8 Section 50 of the Act is repealed and the following substituted:

Delivery partners designated

50 (1)  With respect to a geographic area in which the Ministry is the delivery agent, the Minister may by regulation, designate a municipality or district social services administration board as a delivery partner to exercise the powers and duties prescribed by the Minister to the delivery partner.

More than one geographic area

(2)  For greater certainty, the same delivery partner may be designated in more than one geographic area and more than one delivery partner may be designated in any geographic area.

Terms and conditions

(3)  The Minister may attach terms and conditions to a designation or prescription under subsection (1).

Revoke designation

(4)  The Minister may revoke a designation under this section.

Powers and duties of delivery partner

50.1  (1)  A delivery partner is responsible for the powers and duties relating to the administration of this Act and the provision of assistance that have been prescribed by the Minister to the delivery partner in the delivery partner’s geographic area.

Standard of delivery partner

(2)  A delivery partner shall meet the standards prescribed by the Minister in its performance of its powers and duties and follow the procedures and practices prescribed by the Minister.

Decision made by delivery partner

(3)  A decision made by a delivery partner respecting a power or duty that is prescribed by the Minister shall be deemed to be a decision of the administrator.

Costs

50.2  A delivery partner shall pay the costs assigned to it by the regulations.

9 (1)  Subsection 52 (1) of the Act is amended by striking out the portion before clause (a) and substituting:

Payments to delivery agents

(1)  With respect to geographic areas in which the Ministry is not the delivery agent, the Minister shall pay to every delivery agent,

.     .     .     .     .

(2)  Section 52 of the Act is amended by adding the following subsection:

Payments to delivery partner

(1.1)  With respect to geographic areas in which the Ministry is the delivery agent, the Minister shall pay to every delivery partner,

  (a)  an amount determined in accordance with the regulations for Ontario’s share of the delivery partner’s costs incurred under this Act; and

  (b)  if there is a territory without municipal organization in the delivery partner’s geographic area, the amount determined in accordance with the regulations for that territory’s share of the delivery partner’s costs incurred under this Act.

10 Section 53 of the Act is amended by adding the following subsection:

Same, delivery partners

(1.1)  If a geographic area includes more than one municipality, the municipalities’ share of a delivery partner’s costs incurred under this Act shall be apportioned among the prescribed municipalities in accordance with the regulations.

11 (1)  Section 54 of the Act is amended by adding the following subsection:

Same, delivery partner

(1.1)  Each municipality shall pay the amounts required to be provided by it for its share of a delivery partner’s costs under this Act to the delivery partner for its geographic area, on demand.

(2)  Subsection 54 (4) of the Act is amended by striking out “The delivery agent or Ontario” at the beginning and substituting “The delivery agent, delivery partner or Ontario”.

12 Section 55 of the Act is amended by adding “delivery partners,” after “delivery agents”.

13 (1)  Subsection 56 (1) of the Act is amended by striking out “delivery agent” and substituting “delivery partner or delivery agent other than the Ministry”.

(2)  Subsection 56 (4) of the Act is repealed and the following substituted:

Interest and penalty

(4)  The Minister may charge a delivery partner or delivery agent other than the Ministry the prescribed interest and penalty if the delivery partner or delivery agent other than the Ministry does not pay to Ontario an amount required to be paid under this Act.

14 (1)  Subsection 71 (7) of the Act is amended by adding “or delivery partner” after “a delivery agent”.

(2)  Section 71 of the Act is amended by adding the following subsection:

Delivery partner bound

(9.1)  A delivery partner is bound by the terms and conditions of an agreement with a government or body referred to in subsection (1) unless the delivery partner also has a similar agreement with that body.

(3)  Subsection 71 (12) of the Act is amended by adding “and delivery partner” after “and each delivery agent”.

15 (1)  Subsection 72 (1) of the Act is amended by adding “or delivery partner” after “delivery agent”.

(2)  Subsection 72 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Disclosure of information

(2)  A delivery agent or delivery partner may disclose personal information collected for the purpose of administering or enforcing this Act to any government or body with whom the delivery agent or delivery partner, as the case may be, has made an agreement referred to in subsection (1) if,

.     .     .     .     .

(3)  Subsection 72 (5) of the Act is repealed and the following substituted:

Collection of personal information

(5)  A delivery agent or delivery partner may collect personal information from a government or body with whom the delivery agent or delivery partner, as the case may be, has made an agreement under this section in accordance with that agreement.

16 Section 73 of the Act is amended by adding “and delivery partner” after “and each delivery agent”.

17 Section 73.1 of the Act is repealed.

18 (1)  Paragraphs 4 and 5 of subsection 74 (1) of the Act are repealed and the following substituted:

   4.  respecting employment and life stabilization assistance and the standards delivery agents must meet in providing employment and life stabilization assistance;

(2)  Subparagraph 9 (v) of subsection 74 (1) of the Act is repealed and the following substituted:

        (v)  the obligation to satisfy participation requirements related to employment and life stabilization assistance,

(3)  Subsection 74 (1) of the Act is amended by adding the following paragraph:

34.1 prescribing and assigning costs to a delivery partner;

(4)  Paragraphs 37 to 39 of subsection 74 (1) of the Act are repealed and the following substituted:

37.  respecting the determination of the amounts Ontario shall pay to delivery agents and delivery partners and that delivery agents and delivery partners shall pay to Ontario and the methods of determining those amounts, providing for the manner in which and the intervals at which payments shall be made, for the suspension or withholding of amounts payable by Ontario or part of them and for making deductions from them;

38.  respecting the apportionment among municipalities in a geographic area of their share of the delivery agent’s costs and the delivery partner’s costs incurred under this Act and, for the purpose, prescribing the municipalities that must share in that apportionment and the manner in which that share shall be recovered;

39.  providing for the recovery by Ontario from a delivery agent and delivery partner of any amounts paid by Ontario under this Act for which the delivery agent and the delivery partner are liable or for the recovery by Ontario or a delivery agent from a recipient of assistance or from his or her estate of amounts paid by Ontario or the delivery agent under this Act, and prescribing the circumstances and manner in which any such recovery may be made;

(5)  Subsection 74 (2) of the Act is repealed and the following substituted:

Regulations, Minister

(2)  The Minister may make regulations,

   1.  designating geographic areas and delivery agents and delivery partners for those geographic areas, for the purposes of this Act;

   2.  prescribing the powers and duties of a delivery partner for the purposes of this Act, the standards a delivery partner is to meet in carrying out its functions and the procedures and practices to be followed by the delivery partner;

   3.  prescribing standards a delivery agent is to meet in carrying out its functions and the procedures and practices to be followed by the delivery agent;

   4.  prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations;

   5.  respecting agreements between the Ministry and delivery partners and between delivery partners and third parties;

   6.  prescribing any matter referred to in this Act as prescribed by the Minister.

(6)  Subsection 74 (12) of the Act is amended by adding “or a delivery partner” after “delivery agent”.

19 Subsection 77 (1) of the Act is amended by adding “a delivery partner,” after “a delivery agent,”.

20 (1)  Section 78 of the Act is amended by striking out “delivery agent” and substituting “delivery agent other than the Ministry”.

(2)  Section 78 of the Act is amended by adding the following subsection:

Penalty, delivery partner

(2)  If a delivery partner fails to properly exercise a power or duty under this Act or the regulations, the Minister may deduct from the amount payable by Ontario a portion of the delivery partner’s share of the cost of administering this Act and providing assistance, in accordance with the regulations.

Social Assistance Reform Act, 1997

21 Schedule D to the Social Assistance Reform Act, 1997 is repealed.

22 The Act is amended by striking out “employment assistance” wherever it appears and substituting in each case “employment and life stabilization assistance”.

District Social Services Administration Boards Act

23 Clause 4 (1) (a) of the District Social Services Administration Boards Act is amended by adding “or delivery partner” after “a delivery agent”.

Insurance Act

24 Subsection 273.1 (1) of the Insurance Act is repealed and the following substituted:

Information to Ministry of Children, Community and Social Services, etc.

(1)  Every insurer shall provide the Ministry of Children, Community and Social Services, a municipality, a board established under the District Social Services Administration Boards Act, a band approved under section 15 of the General Welfare Assistance Act, a delivery agent or delivery partner under the Ontario Works Act, 1997 or a delivery agent under the Ontario Disability Support Program Act, 1997, with such information as may be prescribed by the regulations, including personal information, subject to such conditions as may be prescribed by the regulations.

Ontario Disability Support Program Act, 1997

25 (1)  Subsections 5 (2) and (3) of the Ontario Disability Support Program Act, 1997 are repealed.

(2)  Section 54 of the Act is amended by adding “or delivery partner” after “each delivery agent”.

Commencement

26 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 22
Opioid Damages and Health Care Costs Recovery Act, 2019

1 (1)  The definition of “health care benefits” in subsection 1 (1) of the Opioid Damages and Health Care Costs Recovery Act, 2019 is amended by adding the following clause:

(0.a) home and community care services under the Connecting Care Act, 2019,

(2)  Clause (b) of the definition of “health care benefits” in subsection 1 (1) of the Act is repealed and the following substituted:

  (b)  community services under the Home Care and Community Services Act, 1994, before its repeal,

Commencement

2 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 23
Planning Act - aMENDMENTS pROPOSED BY THE mINISTRY OF eNERGY, nORTHERN dEVELOPMENT AND mINES

1 (1)  Subsection 62 (1) of the Planning Act is repealed and the following substituted:

Exempted projects by transmitters, OPG

(1)  A project within the meaning of the Environmental Assessment Act is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if,

  (a)  the project is undertaken by a transmitter in respect of a transmission system, within the meaning of those terms under the Electricity Act, 1998, and,

         (i)  the project is approved under Part II.3 of the Environmental Assessment Act, or

        (ii)  the prescribed requirements for commencing the project under Part II.4 of the Environmental Assessment Act have been satisfied; or

  (b)  the project is undertaken by Ontario Power Generation Inc. and has been approved under Part II.3 of the Environmental Assessment Act.

(2)  Section 62 of the Act is amended by adding the following subsection:

Transition

(3)  Subsection (1), as it read on the day before the day subsection 1 (1) of Schedule 23 to the Supporting Recovery and Competitiveness Act, 2021 came into force, continues to apply to an undertaking approved under Part II.1 of the Environmental Assessment Act before the day Part II.1 of that Act was repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020.

COVID-19 Economic Recovery Act, 2020

2 Subsections 62 (2) and (3) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 are repealed.

Commencement

3 (1)  Subject to subsection (2), this Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

(2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 24
Planning Act - aMENDMENTS pROPOSED BY THE mINISTRY OF mUNICIPAL aFFAIRS AND hOUSING

1 Subsection 47 (2) of the Planning Act is amended by striking out “subsections 45 (4) to (8)” and substituting “subsections 45 (4) to (8.2)”.

2 (1)  Section 50 of the Act is amended by adding the following subsection:

Interpretation, “retained land”

(1.0.0.1)  For the purposes of this section and section 53, a reference to “retained land” refers to the whole of a parcel of land that abuts land that is the subject of a certificate given under subsection 53 (42) allowing the conveyance by way of a deed or transfer with a consent that was given on or after March 31, 1979 and that did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or other transaction.

(2)  Subsections 50 (1.1) to (1.5) of the Act are repealed and the following substituted:

Removal of power

(1.1)  The Minister may by order, accompanied by a written explanation for it, remove the powers of the council of a municipality under this section and sections 53 and 57 and the order may be in respect of one or more of the following:

   1.  One or more applications for a consent or for a certificate of validation specified in the order.

   2.  Any or all applications for consents or for certificates of validation made after the order is made.

   3.  One or more applications for a certificate of cancellation specified in the order.

   4.  Any or all applications for certificates of cancellation made after the order is made.

Minister to grant consents, etc.

(1.2)  If an order is made under subsection (1.1),

  (a)  the Minister has the power of the council to,

         (i)  grant consents or issue certificates of validation in respect of applications to which the order relates, and

        (ii)  issue certificates of cancellation in respect of applications to which the order relates; and

  (b)  the council shall forward to the Minister all papers, plans, documents and other materials that relate to any matter in respect of which the powers were removed and of which a final disposition was not made by the council before the power was removed.

Effect of revocation

(1.3)  If the Minister revokes the order or part of the order made under subsection (1.1),

  (a)  the power to grant consents or to issue certificates of validation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied; and

  (b)  the power to issue certificates of cancellation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied.

Delegation

(1.4)  If an order is made under subsection (1.1) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power which was removed from the council to grant consents or to issue certificates of validation or certificates of cancellation and the delegation may be subject to such conditions as the order provides.

Effect of revocation

(1.5)  If the Minister revokes the order or part of the order made under subsection (1.4),

  (a)  the power of the municipal planning authority to grant consents or to issue certificates of validation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied;

  (b)  the power of the municipal planning authority to issue certificates of cancellation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied; and

  (c)  the municipal planning authority shall forward to the Minister all papers, plans, documents and other materials that relate to any matter to which the revoked order or part of the order applied and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked.

(3)  Subsection 50 (3) of the Act is amended by adding the following clause:

(a.1) the land was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants;

(4)  Clause 50 (3) (b) of the Act is repealed and the following substituted:

  (b)  the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than,

         (i)  land that is the whole of one or more lots or blocks within one or more registered plans of subdivision,

        (ii)  land that is within a registered description under the Condominium Act, 1998,

        (iii)  land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (5) applies to any subsequent conveyance or other transaction, or

       (iv)  retained land;

(5)  Clause 50 (3) (g) of the Act is repealed and the following substituted:

  (g)  the land or any use of or right therein was acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or

(6)  Subsection 50 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Part-lot control

(5)  If land is within a plan of subdivision registered before or after the coming into force of this section, no person shall convey any part of the land other than the whole of any lot or block by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of such part, or mortgage or charge such part, or enter into an agreement of sale and purchase of such part or enter into any agreement that has the effect of granting the use of or right in such part directly or by entitlement to renewal for a period of 21 years or more unless,

.     .     .     .     .

(7)  Clause 50 (5) (a) of the Act is repealed and the following substituted:

  (a)  the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than,

         (i)  land that is the whole of one or more lots or blocks within one or more registered plans of subdivision,

        (ii)  land that is within a registered description under the Condominium Act, 1998,

        (iii)  land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (3) applies to any subsequent conveyance or other transaction, or

       (iv)  retained land;

(8)  Subsection 50 (5) of the Act is amended by adding the following clause:

(a.2) the land was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants;

(9)  Clause 50 (5) (g) of the Act is repealed and the following substituted:

  (g)  the land or any use of or right therein was acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or

(10)  Subsection 50 (6) of the Act is repealed and the following substituted:

Conveyance of retained land

(6)  Despite subsections (3) and (5), retained land may be conveyed or otherwise dealt with before the land that is the subject of the consent is dealt with, provided the retained land is conveyed or otherwise dealt with before the consent lapses under subsection 53 (43).

(11)  Subsection 50 (9) of the Act is amended by striking out “in a part of a building or structure for any period of years” at the end and substituting “in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for any period of years”.

(12)  Section 50 of the Act is amended by adding the following subsection:

Same

(9.1)  For greater certainty, subsection (9) applies to an agreement that has the effect of granting the use of or right in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for the lifetime of an individual.

(13)  Subsection 50 (18) of the Act is repealed and the following substituted:

Foreclosure or exercise of power of sale

(18)  No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law unless,

  (a)  all of the land that is then subject to the mortgage or charge is included in the foreclosure or exercise of the power of sale; or

  (b)  all of the land included in the foreclosure or exercise of the power of sale could otherwise be conveyed by way of a deed or transfer by the registered owner of the land in compliance with the provisions of this section.

(14)  Subsection 50 (18.1) of the Act is repealed.

(15)  Subsection 50 (23) of the Act is amended by adding “or otherwise determining compliance with this section” after “subclause (22) (c) (ii)”.

3 (1)  Subsection 51 (13) of the Act is amended by striking out “applies” at the end and substituting “applied”.

(2)  Subsection 51 (19.1) of the Act is amended by striking out “the clerk of the municipality” and substituting “the clerk of the local municipality”.

(3)  Subsection 51 (19.3.1) of the Act is amended by striking out “clause (19.4) (a) and subsections (20) and (21) do not apply” at the end and substituting “clause (19.4) (a) and subsections (19.4.1) and (20) to (21) do not apply”.

(4)  Subsection 51 (19.4) of the Act is repealed and the following substituted:

Notice of particulars and public access

(19.4)  Subject to subsection (19.4.1), within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Tribunal advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), the approval authority shall ensure that,

  (a)  the prescribed persons and public bodies are given notice of the application, in the prescribed manner, and that the notice is accompanied by the prescribed information; and

  (b)  the information and material provided under subsections (17) and (18) are made available to the public.

Exception

(19.4.1)  Subsection (19.4) does not apply if the land that is the subject of the application is not located in a municipality or in the planning area of a planning board.

Request by approval authority

(19.4.2)  An approval authority may request that a local municipality or a planning board having jurisdiction over the land that is proposed to be subdivided give the notice of the application referred to in clause (19.4) (a) and make the information and material referred to in clause (19.4) (b) available to the public.

Responsibilities

(19.4.3)  A local municipality or planning board that is requested under subsection (19.4.2) to give notice of the application shall ensure that the notice is given in accordance with clause (19.4) (a).

(5)  Subsection 51 (20) of the Act is repealed and the following substituted:

Public meeting

(20)  Before a decision is made by an approval authority under subsection (31), the approval authority shall ensure that a public meeting is held, if required by regulation, for the purpose of giving the public an opportunity to make representations in respect of the proposed subdivision.

Notice of meeting

(20.1)  Notice of the public meeting required under subsection (20),

  (a)  shall be given to the prescribed persons and public bodies, in the prescribed manner; and

  (b)  shall be accompanied by the prescribed information.

Participation in public meeting

(20.2)  Every person who attends a public meeting referred to in subsection (20) shall be given an opportunity to make representations in respect of the proposed subdivision.

Information

(20.3)  At a public meeting referred to in subsection (20), the approval authority shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (34), (39), (43) and (48).

Transition

(20.4)  For clarity, subsections (20.2) and (20.3) do not apply with respect to a public meeting held before the day those subsections came into force.

(6)  Clauses 51 (21.1) (a) and (b) of the Act are repealed and the following substituted:

  (a)  notice of the meeting is given in accordance with subsection (20.1);

  (b)  the public meeting is held in accordance with subsections (20), (20.2) and (20.3); and

(7)  Subsection 51 (35) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(8)  Subsection 51 (50) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

4 (1)  Subsection 53 (1) of the Act is repealed and the following substituted:

Same

(1)  An owner, chargee or purchaser of land, or such owner’s, chargee’s or purchaser’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

Same

(1.1)  For the purposes of subsection (1), a purchaser of land is a person who has entered into an agreement of purchase and sale to acquire the land and who is authorized in the agreement of purchase and sale to make the application.

(2)  Section 53 of the Act is amended by adding the following subsections:

Amendment to application

(4.2.1)  An application may be amended by the applicant at any time before the council or the Minister gives or refuses to give a consent.

Terms

(4.2.2)  If an application is amended by the applicant, the council or the Minister may impose such terms as the council or Minister considers appropriate, including terms,

  (a)  requiring the provision of additional information and material in relation to the amendment; and

  (b)  specifying that the time period referred to in subsection (14) is deemed not to have begun until the later of,

         (i)  the date the application was amended, and

        (ii)  if additional information and material was required under clause (a), the date on which all the information and material was provided.

Fees

(4.2.3)  For greater certainty, the council or the Minister may include fees in respect of an amendment to an application in its fees established under section 69 or 69.1, as the case may be.

Other

(4.2.4)  For greater certainty, subsection (4.2.1) shall not be construed as preventing a person from amending any other type of application under this Act.

(3)  Section 53 of the Act is amended by adding the following subsection:

Requirements re public meeting

(5.1)  If a regulation referred to in clause (5) (b) is made requiring a public meeting, the regulation may also specify one or more purposes of the public meeting, such persons or entities who are entitled to make representations at the public meeting and any information required to be made available at the public meeting.

(4)  Section 53 of the Act is amended by adding the following subsection:

Same

(12.1)  For greater certainty, the powers of a council or the Minister under subsection (12) apply to both the part of the parcel of land that is the subject of the application for consent and the remaining part of the parcel of land.

(5)  Subsection 53 (15) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(6)  Subsection 53 (17) of the Act is amended by adding “and” at the end of clause (b) and by repealing clause (c).

(7)  Subsection 53 (18.1) of the Act is amended by striking out “provisional consent” wherever it appears and substituting in each case “application”.

(8)  Subsection 53 (28) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

  (c)  such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

(9)  Subsection 53 (39) of the Act is amended by striking out “If the decision of the Tribunal under subsection (34) is that a provisional consent be given” at the beginning and substituting “If a provisional consent has been given by the Tribunal under subsection (34)”.

(10)  Subsection 53 (40) of the Act is repealed and the following substituted:

Same

(40)  If a provisional consent has been given by the Minister or the council and there has been no appeal under subsection (19) or (27), subject to subsection (23), the consent shall be given. However, if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled.

(11)  Section 53 of the Act is amended by adding the following subsections:

Extension of time to fulfil conditions

(41.1)  Upon the request of the applicant, the council or the Minister, as the case may be, may extend the one-year period after which the application would otherwise be deemed to be refused under subsection (41) by a period of up to one additional year.

Same

(41.2)  A request referred to in subsection (41.1) shall be accompanied by such information or material as the council or the Minister, as the case may be, requires.

Same

(41.3)  An extension under subsection (41.1) may be granted only if,

  (a)  an extension has not previously been granted in respect of the application for consent; and

  (b)  the one-year period referred to in subsection (41) has not expired in respect of the application for consent.

Final determination

(41.4)  The determination of the council or the Minister, as the case may be, under subsection (41.1) is not subject to appeal or review.

(12)  Section 53 of the Act is amended by adding the following subsection:

Same, retained land

(42.1)  If a consent has been given under this section to a conveyance of a part of a parcel of land and the consent did not stipulate that subsection 50 (3) or (5) applies to any subsequent conveyance or other transaction, the clerk of the municipality or the Minister, as the case may be, shall give a certificate to the applicant for the retained land resulting from the consent, if the applicant, in making the application for consent,

  (a)  requests that the certificate be given; and

  (b)  provides a registrable legal description of the retained land.

(13)  Section 53 of the Act is amended by adding the following subsections:

Certificate of cancellation

(45)  An owner of land that was previously conveyed with a consent, or the owner’s agent duly authorized in writing, may apply for the issuance of a certificate of cancellation of such consent. The certificate must provide that subsection 50 (12) does not apply in respect of the land that was the subject of the consent and that subsection 50 (3) or (5), as the case may be, applies to a subsequent conveyance or other transaction involving the land.

Same, deemed delegation

(46)  A delegation by the Minister under section 4 or by a council or planning board under section 5 of the Minister’s authority for the giving of consents under this section shall be deemed to include the authority to issue certificates of cancellation under subsection (45).

Same, application

(47)  An application referred to in subsection (45) shall be accompanied by any prescribed information and material and such other information or material as the council or the Minister, as the case may be, requires.

Provision of certificate

(48)  If an application for a certificate of cancellation is made under subsection (45), the council or the Minister, as the case may be, may provide the certificate to the applicant.

Cancellation

(49)  After the registration of a certificate of cancellation referred to in subsection (45),

  (a)  subsection 50 (3) or (5), as the case may be, applies to any subsequent conveyance or other transaction involving land that is the subject of the certificate despite subsection 50 (12); and

  (b)  for the purposes of subsection 50 (3) or (5), as the case may be, the land that is the subject of the certificate is deemed not to be land that was previously conveyed by way of a deed or transfer with a consent.

5 (1)  Subsection 54 (2.1) of the Act is amended by striking out “to give approvals under subsection 50 (18) and” and substituting “to issue certificates of cancellation under subsection 53 (45) and”.

(2)  Subsection 54 (2.2) of the Act is amended by striking out “to give approvals under subsection 50 (18) or”.

(3)  Subsection 54 (6.1) of the Act is repealed and the following substituted:

Same

(6.1)  Where, under subsection (2) or (5), a committee of adjustment has the authority to issue certificates of cancellation under subsection 53 (45) and the authority to issue certificates of validation under section 57, subsections 45 (8) to (8.2) apply in the exercise of that authority, but subsections 45 (4) to (7) and (9) to (20) do not apply.

(4)  Subsection 54 (7) of the Act is amended by striking out “all applications for consent, for approval under subsection 50 (18) or for the issuance of a certificate of validation under section 57” and substituting “all applications for consent, for the issuance of a certificate of validation under section 57 or for the issuance of a certificate of cancellation under subsection 53 (45)”.

6 Subsection 55 (1) of the Act is amended by striking out “the authority to give approvals under subsection 50 (18) or the authority” and substituting “to issue certificates of cancellation under subsection 53 (45) or”.

7 Subsections 57 (6) and (7) of the Act are repealed and the following substituted:

Criteria for certificate

(6)  No certificate shall be issued under subsection (1) unless the land described in the certificate of validation conforms with the same criteria that apply to the granting of consents under section 53.

8 Paragraph 26 of subsection 70.1 (1) of the Act is repealed.

Commencement

9 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 25
Regulated Health Professions Act, 1991

1 The definition of “Advisory Council” in subsection 1 (1) of the Regulated Health Professions Act, 1991 is repealed.

2 (1)  Subsection 6 (1) of the Act is repealed and the following substituted:

Annual report

(1)  Each College shall report annually to the Minister on its activities and financial affairs.

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

Content and form

(4)  The Minister may specify the content and form of the annual reports submitted by the College and, where the Minister has done so, the annual reports shall contain that content and be in that form.

(3)  Subsection 6 (7) of the Act is repealed and the following substituted:

Additional audits

(7)  The College shall be subject, at any time, to any other audits relating to any aspect of its affairs as the Minister may determine to be appropriate, conducted by an auditor appointed by or acceptable to the Minister.

3 Sections 7 to 17 of the Act are repealed.

4 Section 38 of the Act is amended by striking out “the Advisory Council, a College, a Council, or a member, officer, employee, agent or appointee of the Advisory Council, a College” and substituting “a College, a Council, or a member, officer, employee, agent or appointee of a College”.

5 Subsection 84 (4) of Schedule 2 to the Act is repealed.

Audiology and Speech-Language Pathology Act, 1991

6 Section 9 of the Audiology and Speech-Language Pathology Act, 1991 is repealed.

Chiropody Act, 1991

7 Section 11 of the Chiropody Act, 1991 is repealed.

Chiropractic Act, 1991

8 Section 10 of the Chiropractic Act, 1991 is repealed.

Dental Hygiene Act, 1991

9 Section 10 of the Dental Hygiene Act, 1991 is repealed.

Dental Technology Act, 1991

10 Section 8 of the Dental Technology Act, 1991 is repealed.

Dentistry Act, 1991

11 Section 10 of the Dentistry Act, 1991 is repealed.

Denturism Act, 1991

12 Section 9 of the Denturism Act, 1991 is repealed.

Dietetics Act, 1991

13 Section 8 of the Dietetics Act, 1991 is repealed.

Homeopathy Act, 2007

14 Section 8 of the Homeopathy Act, 2007 is repealed.

Kinesiology Act, 2007

15 Section 8 of the Kinesiology Act, 2007 is repealed.

Massage Therapy Act, 1991

16 Section 8 of the Massage Therapy Act, 1991 is repealed.

Medical Laboratory Technology Act, 1991

17 Section 10 of the Medical Laboratory Technology Act, 1991 is repealed.

Medical Radiation and Imaging Technology Act, 2017

18 Section 10 of the Medical Radiation and Imaging Technology Act, 2017 is repealed.

Medicine Act, 1991

19 Section 10 of the Medicine Act, 1991 is repealed.

Midwifery Act, 1991

20 Section 9 of the Midwifery Act, 1991 is repealed.

Naturopathy Act, 2007

21 Section 9 of the Naturopathy Act, 2007 is repealed.

Nursing Act, 1991

22 Section 12 of the Nursing Act, 1991 is repealed.

Occupational Therapy Act, 1991

23 Section 8 of the Occupational Therapy Act, 1991 is repealed.

Opticianry Act, 1991

24 Section 10 of the Opticianry Act, 1991 is repealed.

Optometry Act, 1991

25 Section 10 of the Optometry Act, 1991 is repealed.

Pharmacy Act, 1991

26 Section 11 of the Pharmacy Act, 1991 is repealed.

Physiotherapy Act, 1991

27 Section 9 of the Physiotherapy Act, 1991 is repealed.

Psychology Act, 1991

28 Section 9 of the Psychology Act, 1991 is repealed.

Psychotherapy Act, 2007

29 Section 9 of the Psychotherapy Act, 2007 is repealed.

Respiratory Therapy Act, 1991

30 Section 10 of the Respiratory Therapy Act, 1991 is repealed.

Traditional Chinese Medicine Act, 2006

31 Section 9 of the Traditional Chinese Medicine Act, 2006 is repealed.

Commencement

32 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 26
Statute Labour Act

1 Sections 38 and 39 of the Statute Labour Act are repealed and the following substituted:

Transition

38 (1)  Subject to subsection (2), a person who is elected as a road commissioner in 2021 shall dispose of the assets and liabilities of the office for which they are elected commissioner.

Exception, board established under the Local Roads Board Act

(2)  If a road commissioner has jurisdiction over an area in which a board is established, on or before December 31, 2021, under the Local Roads Boards Act, subsection (1) does not apply to assets in respect of such area.

Better for People, Smarter for Business Act, 2019

2 Subsection 15 (3) of Schedule 14 to the Better for People, Smarter for Business Act, 2019 is amended by striking out “July 1, 2021” and substituting “January 1, 2022”.

Commencement

3 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

 

Schedule 27
Statutory Powers Procedure Act

1 Clause 3 (2) (d) of the Statutory Powers Procedure Act is repealed and the following substituted:

  (d)  before an arbitrator to which the Arbitration Act, 1991 or the Labour Relations Act, 1995 applies;

2 The French version of subsection 14 (1) of the Act is amended by striking out “, notamment à la demande de la Couronne” and substituting “introduite notamment par la Couronne”.

3 The Act is amended by adding the following section:

Prohibition on photographs, recordings, dissemination

29 (1)  No person shall,

  (a)  take or attempt to take a photograph, audio or video recording or other record capable of producing or transmitting visual or aural representations by electronic means or otherwise,

         (i)  at a hearing,

        (ii)  of any person entering or leaving the room in which a hearing is to be or has been convened, or

        (iii)  of any person in the building in which a hearing is to be or has been convened if there is reasonable ground for believing that the person is there for the purpose of attending or leaving the hearing, other than in an area of the building designated by the tribunal for the purpose and with the person’s consent;

  (b)  publish, broadcast, reproduce or otherwise disseminate a photograph, recording or record taken in contravention of clause (a); or

  (c)  broadcast, reproduce or otherwise disseminate an audio recording described in clause (2) (b).

Non-application

(2)  Subsection (1) does not apply with respect to,

  (a)  the unobtrusive making of notes or sketches of events at a hearing by a person;

  (b)  the making of an audio recording at a hearing, unobtrusively and in a manner authorized by the tribunal, by a representative, a party acting on their own behalf or a journalist, for the sole purpose of supplementing or replacing notes; or

  (c)  subject to the authorization of the tribunal, any act referred to in subsection (1),

         (i)  if it is required for the presentation of evidence, the making of a record or any other purpose of the hearing,

        (ii)  with the consent of the parties and witnesses, or

        (iii)  in connection with any ceremonial proceeding.

Offence and 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 $25,000.

Police Services Act

4 Section 83 of the Police Services Act is amended by adding the following subsection:

Same

(16.1)  Subsection (16) applies instead of section 29 of the Statutory Powers Procedure Act.

Veterinarians Act

5 (1)  Section 29 of the Veterinarians Act is amended by adding the following subsection:

Application of section

(5)  This section applies instead of section 29 of the Statutory Powers Procedure Act.

(2)  Subsection 33 (9) of the Act is amended by striking out “29 (1), (2) and (3)” and substituting “29 (1), (2), (3) and (5)”.

(3)  Subsection 37 (7) of the Act is amended by striking out “29 (1), (2) and (3)” and substituting “29 (1), (2), (3) and (5)”.

Commencement

6 This Schedule comes into force on the day the Supporting Recovery and Competitiveness Act, 2021 receives Royal Assent.

Schedule 28
Université de Hearst Act, 2021

Definitions

1 In this Act,

“board” means the board of governors of the University; (“conseil”)

“Minister” means the Minister of Colleges and Universities or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“property” includes real and personal property; (“biens”)

“senate” means the senate of the University; (“sénat”)

“University” means the Université de Hearst continued under section 2. (“Université”)

Collège de Hearst continued

2 (1)  Collège de Hearst is continued as a corporation without share capital under the name Université de Hearst and shall consist of the members of its board.

Conflict with Corporations Act

(2)  In the event of a conflict between a provision of this Act or a regulation made under it and a provision of the Corporations Act, this Act or the regulation made under it prevails.

Objects

3 The University has such objects and special missions as may be prescribed by regulation.

Powers

4 The University has all the powers necessary and incidental to its objects, including the power to grant the degrees prescribed by regulation and any other degrees the University may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000.

Affiliates

5 (1)  The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

The Laurentian University of Sudbury Act, 1960

(2)  Section 27 of The Laurentian University of Sudbury Act, 1960 does not apply to the University.

Board of governors

6 (1)  There shall be a board of governors of the University responsible for governing and managing the affairs of the University.

Composition and procedures

(2)  The board shall comply with any requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The board has the powers and duties prescribed by regulation.

Senate

7 (1)  There shall be a senate of the University responsible for determining and regulating the educational policy of the University.

Composition and procedures

(2)  The senate shall comply with any requirements prescribed by regulation with respect to its composition and procedures.

Powers and duties

(3)  The senate has the powers and duties prescribed by regulation.

Meetings

8 (1)  Subject to subsection (2), meetings of the board and of the senate shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the board or senate.

Closed meeting

(2)  The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate.

By-laws

(3)  The board and the senate shall publish their by-laws on the website of the University.

Chancellor

9 A chancellor of the University may be appointed, if the regulations provide for the appointment of a chancellor.

President

10 (1)  There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2)  The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Property

11 (1)  The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Protection from expropriation

(2)  Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this subsection comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Use of property

(3)  The property and the revenue of the University shall be applied solely to achieving the objects of the University.

Investments

(4)  The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

12 The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve,

  (a)  borrow money and give security for money borrowed; and

  (b)  issue or give bonds, debentures and obligations as security.

Audits and reports

13 (1)  The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year.

Financial report

(2)  The University shall make a financial report annually to the Minister in such form and containing such information as the Minister may require.

Other reports

(3)  The University shall submit to the Minister such other reports as the Minister may require in such form and containing such information as the Minister may require.

Contracts with Laurentian University of Sudbury, etc.

14 Any contract described as follows that was in effect on the day this section comes into force is subject to the regulations and to any amendments to the contract that may be prescribed by regulation:

   1.  A contract between the University and Laurentian University of Sudbury.

   2.  A contract between the University and an entity related to Laurentian University of Sudbury.

   3.  A contract between the University and any combination of the other parties referred to in paragraph 1 or 2.

No cause of action re enactment of Act, etc.

15 (1)  No cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees and employees, or against the University or any current or former members of the board or senate or current or former officers or employees of the University,

  (a)  as a direct or indirect result of the enactment, amendment or repeal of any provision of this Act; or

  (b)  as a direct or indirect result of the making, amending or revoking of any provision of a regulation under this Act.

Proceedings barred

(2)  No proceeding, including but not limited to any proceeding in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.

Application

(3)  Without limiting the generality of subsection (2), that subsection applies to a proceeding, including any court, arbitral or administrative proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief or any form of damages or any other remedy or relief, or a claim to be compensated for any losses, including loss of earnings, loss of revenue or loss of profit.

Judicial review

(4)  This section does not apply to prevent an application for judicial review.

Not entitled to be compensated

16 Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection 15 (1).

Regulations

17 (1)  The Lieutenant Governor in Council may make regulations governing anything necessary or advisable for the effective administration and implementation of this Act, including regulations,

  (a)  prescribing the objects and special missions of the University;

  (b)  prescribing the degrees that the University may grant;

  (c)  governing the board of governors, including regulations,

         (i)  prescribing the powers and duties of the board,

        (ii)  governing the composition of the board, terms of office for board members, the filling of vacancies on the board, quorum requirements and conflicts of interest for board members,

        (iii)  authorizing the board to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (d)  governing the senate, including regulations,

         (i)  prescribing the powers and duties of the senate,

        (ii)  governing the composition of the senate, terms of office for senate members, the filling of vacancies on the senate and quorum requirements,

        (iii)  authorizing the senate to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);

  (e)  governing the appointment of a chancellor of the University and prescribing the duties of the chancellor;

   (f)  governing contracts described in section 14, including specifying amendments to any such contract;

  (g)  defining any term or phrase used in this Act that is not defined in this Act;

  (h)  respecting any transitional matter the Lieutenant Governor in Council considers necessary or advisable in connection with the continuation of the University by this Act or with the administration or implementation of this Act, including regulations,

         (i)  governing the composition of the first board of the University and the first senate of the University,

        (ii)  governing the first by-laws, policies and other instruments of the University,

        (iii)  governing the recognition of credits and marks awarded to students of the University, and the rights and privileges of those students,

       (iv)  governing the legal effect of the continuance of the University, including matters concerning the vesting of property and the assumption of obligations, liabilities, and the benefits and burdens of contracts, collective agreements and covenants.

Application to existing property, etc.

(2)  If it so provides, a regulation made under subclause (1) (h) (iv) applies in respect of property, obligations, contracts, collective agreements and covenants that existed before the regulation comes into force.

Conflict

(3)  In the event of a conflict between a regulation made under clause (1) (h) and this Act, the regulation prevails.

Amendment to this Act

18 Subsection 2 (2) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Commencement

19 (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2)  Section 18 comes into force on the later of the day subsection 2 (2) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

20 The short title of the Act set out in this Schedule is the Université de Hearst Act, 2021.