Bill 66 Royal Assent (PDF)
EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 66 and does not form part of the law.
Bill 66 has been enacted as Chapter 4 of the Statutes of Ontario, 2019.
SCHEDULE 1
Ministry of Agriculture, FOod and Rural Affairs
Agricultural Employees Protection Act, 2002
The Schedule extends the application of the Agricultural Employees Protection Act, 2002 to employees who engage in ornamental horticulture.
Farm Registration and Farm Organizations Funding Act, 1993
The Schedule makes several amendments to the Farm Registration and Farm Organizations Funding Act, 1993. Some of the more significant amendments include:
1. Section 2 of the Act is amended to eliminate the requirement for certain persons carrying on a farming business to file a farming business registration form with the Minister. Instead, the section would include a requirement for these persons to register the farming business by submitting an application for a farming business registration number to the Ministry. Regulations may be made in relation to the applications for farming business registration numbers and to the expiry and renewal of such numbers.
2. Section 21 of the Act is amended to clarify the Ministry’s role in receiving payments from farming businesses along with applications for farming business registration numbers and forwarding those payments to the appropriate accredited farm organization. The Ministry’s authority to recover related administrative costs is also clarified.
3. New sections 31.1 to 31.12 are added to the Act to give the Minister the power to make regulations designating a corporation as a Farm Registration Administrator and delegating to the administrator responsibility for the administration of specified provisions of the Act or of regulations made under subsection 33 (2), or both. The provisions require that the Minister enter into an administrative agreement with a prospective designate. Several provisions relate to the governance, duties, liability and accountability of a Farm Registration Administrator.
4. The regulation-making powers currently held by the Lieutenant Governor in Council under section 33 of the Act are revised and certain regulation-making powers are transferred to the Minister.
Ministry of Agriculture, Food and Rural Affairs Act
The Schedule amends the Ministry of Agriculture, Food and Rural Affairs Act. Section 6.2 of the Act is amended to clarify that the Minister may make orders under that section establishing loan guarantee programs. The loan guarantees themselves continue to be given by the Lieutenant Governor in Council under section 8 of the Act, whether as part of a loan guarantee program or otherwise. Section 8 of the Act is amended to provide that the loan guarantees may be given not only in respect of loans made to farmers but also in respect of loans made to entities that provide loans to farmers.
SCHEDULE 2
Ministry of the Attorney General
Pawnbrokers Act
The Schedule repeals the Pawnbrokers Act and makes a consequential amendment to the Personal Property Security Act.
SCHEDULE 3
Ministry of Education
The Schedule amends the Child Care and Early Years Act, 2014 and the Education Act. Here are highlights of some of those amendments:
Currently, sub-subparagraph 1 iv A of subsection 6 (3) of the Child Care and Early Years Act, 2014 provides that the group of children in the care of one home child care provider may not include more than two children who are younger than two years old. This sub-subparagraph is amended to increase the number to three children who are younger than two years old.
Currently, sub-subparagraph 1 iv B of subsection 6 (3) of the Child Care and Early Years Act, 2014 provides that the group of children in the care of two home child care providers may not include more than four children who are younger than two years old. This sub-subparagraph is amended to increase the number to six children who are younger than two years old.
Currently, subparagraph 2 iii of subsection 6 (3) of the Child Care and Early Years Act, 2014 provides that the group of children in the care of an unlicensed child care provider may not include more than two children who are younger than two years old. This subparagraph is amended to increase the number to three children who are younger than two years old.
Currently, subparagraph 3 iv of subsection 6 (3) of the Child Care and Early Years Act, 2014 provides that, with respect to in-home services, financial assistance must be provided under the Act for child care in order to be excepted from the application of subsection 6 (1). This subparagraph is repealed.
Currently, paragraph 4 of subsection 6 (4) of the Child Care and Early Years Act, 2014 provides that only children who are six years old or older may be registered in an authorized recreational and skill building program. This paragraph is amended to lower the age restriction to children who are four years old or older.
Currently, paragraph 2 of subsection 259 (2) of the Education Act provides that a board must ensure that a third party program operated for the purposes of section 259 of the Act is led by an early childhood educator or another person who meets criteria set out in a regulation made under the Child Care and Early Years Act, 2014. This paragraph is repealed.
Currently, paragraph 1 of subsection 259.1 (2) of the Education Act provides that a board must ensure that a third party program operated for the purposes of section 259.1 of the Act must meet the requirements set out in subsection 259 (1) or (2) or be a program prescribed by the regulations. This paragraph is re-enacted to provide that a board must ensure that a third party program operated for the purposes of section 259.1 of the Act must be a child care centre licensed under the Child Care and Early Years Act, 2014 or another program prescribed by the regulations made under the Education Act.
SCHEDULE 4
Ministry of Energy, Northern Development and Mines
Ontario Energy Board Act, 1998
The Schedule amends section 78 of the Ontario Energy Board Act, 1998 to remove references to unit sub-metering, and to add a reference to unit smart meter providers in subsection 78 (9). A consequential amendment is made to the regulation-making authority in clause 88 (1) (g.6.0.2) of the Act.
SCHEDULE 5
Ministry of the Environment, Conservation and Parks
Toxics Reduction Act, 2009
The Schedule amends the Toxics Reduction Act, 2009 to provide that the Act is repealed on December 31, 2021. The Schedule also revokes the regulations made under the Act as of the same day.
SCHEDULE 6
Ministry of Finance
Pension Benefits Act
Currently, subsection 80.4 (1) of the Pension Benefits Act provides that the conversion of single employer pension plans to jointly sponsored pension plans, implemented through a transfer of assets and liabilities, is only available with respect to plans that are public sector plans and with respect to prescribed pension plans or classes of pension plans. The Schedule repeals subsection 80.4 (1).
SCHEDULE 7
Ministry of Government and Consumer Services
Technical Standards and Safety Act, 2000
The Schedule amends the Technical Standards and Safety Act, 2000 so that it no longer applies to upholstered or stuffed articles. The Schedule also allows alternate rules made by a director and approved by the Minister under the Act to regulate any matter to which the regulations made under the Act apply. If alternate rules exist, they apply to the matter instead of the regulations and Minister’s orders made under the Act, to the extent provided in the alternate rules.
Wireless Services Agreements Act, 2013
The Schedule repeals the Wireless Services Agreements Act, 2013 and revokes the two regulations made under it.
SCHEDULE 8
Ministry of Health and Long-Term Care
Long-Term Care Homes Act, 2007
The Schedule amends subsection 44 (10) of the Long-Term Care Homes Act, 2007 to remove the Director from the list of persons who must be provided a written notice if the licensee withholds approval for admission. Section 106 of the Act is amended to allow the Director to determine how public consultations will be conducted. Under the amended section 106, the Director is required to consult the public for various licensing transactions, unless the Director has determined that a public consultation is not warranted in the circumstances, and the Director may make a policy for this purpose. Section 112 of the Act is amended to allow the Director to issue non-renewable temporary emergency licences for a term of not more than one year to accommodate persons affected by a temporary emergency. Section 113 of the Act is repealed but short-term authorizations given by the Director before the day of the repeal continue to be valid until their authorization period expires.
SCHEDULE 9
Ministry of labour
Employment Standards Act, 2000
The Schedule amends the Employment Standards Act, 2000. The major elements are described below.
Section 2 of the Act is amended to provide that the Director, and not the Minister, is required to publish a poster providing information about the Act and regulations. Employers are no longer required to post the poster in the workplace.
Part VII of the Act is amended to remove the Director’s approval for employers to make agreements that allow their employees to exceed 48 hours of work in a work week.
Part VIII of the Act is amended to remove the Director’s approval for employers to make agreements that allow them to average their employee’s hours of work for the purpose of determining the employee’s entitlement to overtime pay. The employee’s hours may be averaged in accordance with the terms of an averaging agreement between the employee and the employer over a period that does not exceed four weeks.
Labour Relations Act, 1995
The Schedule amends the Labour Relations Act, 1995 to deem municipalities and certain other entities to be non-construction employers.
Trade unions that represent employees of these employers who are employed, or who may be employed, in the construction industry no longer represent those employees. Any collective agreement binding the employer and the trade union ceases to apply in so far as it applies to the construction industry.
The amendments provide a procedure for certain existing entities to opt out of the application of these new rules.
SCHEDULE 10
Ministry of Training, COlleges and Universities
Private Career Colleges Act, 2005
The Private Career Colleges Act, 2005 is amended to provide that the term of a registration or renewal of a registration shall be specified by the Superintendent in accordance with the regulations or, if there are no regulations, shall be one year unless otherwise specified by the Superintendent.
The Act is also amended to provide that the Superintendent may remove or direct the removal of material or information published under section 49, and that such removal shall be done in accordance with the regulations, if any.
Related regulation-making powers are added.
SCHEDULE 11
Ministry of Transportation
Highway Traffic Act
Currently, section 7 of the Highway Traffic Act requires a driver of a vehicle to carry the original permit for the vehicle or a true copy of it, and to surrender the permit to a police officer, upon demand. The Act is amended to provide that where the permit is a permit issued by the Ministry or another jurisdiction pursuant to the International Registration Plan, this requirement may also be satisfied with an electronic version of the permit, provided that the permit complies with the requirements of the International Registration Plan and with any requirements established by the Ministry.
References to permits issued by the Ministry pursuant to the Canadian Agreement on Vehicle Registration are repealed.
Bill 66 2019
An Act to restore Ontario’s competitiveness by amending or repealing certain Acts
CONTENTS
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Contents of this Act |
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Commencement |
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Short title |
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Ministry of Agriculture, Food and Rural Affairs |
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Ministry of the Attorney General |
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Ministry of Education |
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Ministry of Energy, Northern Development and Mines |
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Ministry of the Environment, Conservation and Parks |
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Ministry of Finance |
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Ministry of Government and Consumer Services |
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Ministry of Health and Long-Term Care |
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Ministry of Labour |
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Ministry of Training, Colleges and Universities |
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Ministry of Transportation |
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 Restoring Ontario’s Competitiveness Act, 2019.
SCHEDULE 1
Ministry of Agriculture, FOod and Rural Affairs
Agricultural Employees Protection Act, 2002
1 (1) The definition of “agriculture” in subsection 2 (1) of the Agricultural Employees Protection Act, 2002 is repealed and the following substituted:
“agriculture” includes,
(a) farming in all its branches, including dairying, beekeeping, aquaculture, the raising of livestock including non-traditional livestock, furbearing animals and poultry, the production, cultivation, growing and harvesting of agricultural commodities, including eggs, maple products, mushrooms and tobacco, and any practices performed as an integral part of an agricultural operation, and
(b) ornamental horticulture; (“agriculture”)
(2) Subsection 2 (1) of the Act is amended by adding the following definitions:
“ornamental horticulture” means the production of ornamental plants or their parts for the purpose of their sale or distribution; (“horticulture ornementale”)
“ornamental plant” includes annual and perennial plants, nursery sod, woody plants and Christmas trees; (“plante ornementale”)
2 The Act is amended by adding the following section:
Non-application, ornamental horticulture
2.1 For greater certainty, this Act does not apply to a person who is engaged in ornamental horticulture or the production of ornamental plants if,
(a) the person is employed by a municipality to do so; or
(b) the person is employed in silviculture.
3 Section 18 of the Act is amended by adding the following subsection:
Exception
(2) Despite subsection (1) of this section and clause 3 (b.1) of the Labour Relations Act, 1995, if, on or before the day subsection 1 (1) of Schedule 1 to the Restoring Ontario’s Competitiveness Act, 2019 comes into force, a trade union was certified or voluntarily recognized under the Labour Relations Act, 1995 as the bargaining agent for a bargaining unit that includes employees of an employer who are engaged in ornamental horticulture,
(a) the Labour Relations Act, 1995 continues to apply to,
(i) the employees in the bargaining unit, whether or not they were in the bargaining unit at the time of certification or voluntary recognition,
(ii) the trade union that represents the employees described in sub-clause (i), and
(iii) the employer of the employees described in sub-clause (i); and
(b) this Act does not apply to the employees, trade union or employer referred to in clause (a).
Farm Registration and Farm Organizations Funding Act, 1993
4 (1) Section 1 of the Farm Registration and Farm Organizations Funding Act, 1993 is amended by adding the following definitions:
“administrative agreement” means an agreement described in section 31.2; (“accord d’application”)
“delegated legislation” means this Act or the regulations or the provisions of this Act or of the regulations that have been delegated to a Farm Registration Administrator under section 31.1; (“législation déléguée”)
“farming business registration number” means a unique identifying number issued under this Act; (“numéro d’inscription d’entreprise agricole”)
(2) The definition of “farming business” in section 1 of the Act is repealed and the following substituted:
“farming business” means a business that carries on farming activities and reports income from those activities to the Canada Revenue Agency; (“entreprise agricole”)
(3) Section 1 of the Act is amended by adding the following definitions:
“Farm Registration Administrator” means a corporation that the Minister has designated as a Farm Registration Administrator under subsection 31.1 (1); (“administrateur des inscriptions d’entreprises agricoles”)
“regulation” means a regulation made under this Act; (“règlement”)
5 Sections 2 and 3 of the Act are repealed and the following substituted:
Farming Business Registration
When farming business required to register
2 (1) A person who carries on a farming business shall register the farming business with the Ministry if the annual gross income from the farming business, as determined in accordance with the regulations, is equal to or greater than the prescribed amount.
Application for registration
(2) A person who is required to register a farming business shall do so by submitting an application for a farming business registration number to the Ministry in accordance with the regulations.
Assignment of farming business registration number
(3) The Ministry shall assign a farming business registration number to a person who has submitted an application under subsection (2) if the person remits to the Ministry the payment required under section 21.
Validity of registration number
(4) A farming business registration number expires at such time as may be determined in accordance with the regulations.
Renewal of registration number
(5) A person who holds a farming business registration number shall apply to renew it at such time as may be determined by regulation.
Use of information
3 The Ministry may use the information included in an application for a farming business registration number to develop policies and programs for the advancement of agriculture, food and rural affairs for the Ministry, to develop and implement methods of distributing information about the policies and programs, to develop mailing lists and for the prescribed purposes.
6 (1) Subsection 11 (6) of the Act is amended by striking out “organization” and substituting “accredited farm organization”.
(2) The English version of subsection 11 (7) of the Act is amended by striking out “accredited organizations” at the end and substituting “accredited farm organizations”.
(3) Subsection 11 (8) of the Act is repealed and the following substituted:
Farming business registration number
(8) If a person fails to resubmit a payment that is payable within the time prescribed under subsection (7), the person’s farming business registration number shall expire at the end of that prescribed period despite subsection 2 (4).
7 Section 21 of the Act is repealed and the following substituted:
Payments to Accredited Farm Organizations
Payment
21 (1) Every person who is required to register a farming business with the Ministry under section 2 shall make a payment in the prescribed amount to an accredited farm organization.
Payment remitted to Ministry
(2) A payment required under subsection (1) shall be remitted to the Ministry together with the application for a farming business registration number.
Forwarding payments to organizations
(3) The Ministry shall promptly forward all payments received under subsection (2) to the appropriate accredited farm organization along with the farming business registration numbers assigned to the persons who made the payments and such other information as may be prescribed.
Method of payment
(4) The payment to an accredited farm organization shall be remitted to the Ministry under subsection (1) in such form or manner as may be prescribed.
Administration fee
(5) The Ministry may charge a fee to accredited farm organizations for collecting payments on their behalf and forwarding the payments to the organizations and the fee shall be paid by the organizations in the amount and manner prescribed.
Revoking farming business registration number
(6) The Ministry may revoke a farming business registration number that was assigned to a person under subsection 2 (3) if the payment that was remitted to the Ministry under subsection (2),
(a) was remitted in the form of a cheque that was subsequently returned with an indication that there were not sufficient funds to cover the cheque; or
(b) was remitted in a form other than a cheque and ultimately all or part of the payment was not collected and was not paid to the accredited farm organization.
Reassignment of registration number
(7) If a person’s farming business registration number is revoked under subsection (6), the Ministry may assign another farming business registration number to the person if the person makes the payment that was required under subsection (1) and that payment is received in full by the accredited farm organization.
Refund
(8) Despite subsection (1), any person who makes a payment to an accredited farm organization under this section may apply, within the prescribed time, to the organization for a refund of the payment.
Same
(9) Subject to subsection (10), an accredited farm organization shall promptly refund the amount of the payment made under subsection (1) to any person who applies for the refund within the prescribed time.
Same
(10) A refund shall not be paid to a person who does not have a valid farming business registration number.
No membership
(11) Payment to an accredited farm organization under this section does not confer membership in the organization.
8 (1) Subsections 22 (1), (2) and (3) of the Act are repealed and the following substituted:
Religious objection, individual
(1) If an individual carries on a farming business and objects to registering the farming business or to making payment to an accredited farm organization because of his or her religious conviction or belief, the individual may apply to the Tribunal for an order that the requirement to register the farming business or to make the payment be waived.
Religious objection, corporation
(2) If a corporation carries on a farming business and an individual who is a shareholder or member of the corporation objects to the corporation registering the farming business or making payment to an accredited farm organization because of his or her religious conviction or belief, the corporation may apply to the Tribunal for an order that the requirement to register the farming business or to make the payment be waived.
Religious objection, other entity
(3) If an entity other than a corporation carries on a farming business and an individual who is a member of the entity objects to the entity registering the farming business or making payment to an accredited farm organization because of his or her religious conviction or belief, the entity may apply to the Tribunal for an order that the requirement to register the farming business or to make the payment be waived.
(2) Subsections 22 (6) and (7) of the Act are repealed and the following substituted:
Order of Tribunal
(6) If the Tribunal is satisfied that an individual referred to in subsection (1), (2) or (3) objects to registering a farming business or making payment to an accredited farm organization because of his or her sincerely held religious conviction or belief, it shall order that the requirement to register the farming business or to make the payment be waived.
9 Section 23 of the Act is repealed.
10 The Act is amended by adding the following sections:
Delegation of Administrative Authority
Delegation
31.1 (1) The Minister may, by regulation,
(a) designate a corporation as a Farm Registration Administrator for the purposes of this Act; and
(b) delegate responsibility for the administration of specified provisions of this Act or of a regulation made under subsection 33 (2), or both, to the Farm Registration Administrator.
Farm Registration Administrator
(2) A corporation may be designated as a Farm Registration Administrator only if it meets the following conditions:
1. It is a not-for-profit corporation without share capital.
2. It is incorporated under the laws of Ontario or Canada.
3. It carries on business in Ontario.
4. Any prescribed conditions.
Previous administration
(3) Nothing in a delegation of legislation under subsection (1) invalidates anything that was done by the Minister, the Ministry or AgriCorp to administer this Act or the regulations before the delegation.
Person bound
(4) Delegated legislation binds all persons whom it would bind if it had not been delegated.
Regulation
(5) A regulation under this section may,
(a) prescribe any conditions or limitations that apply to the designation of a Farm Registration Administrator and to the delegation of responsibility for the administration of specified provisions of this Act and the regulations;
(b) limit the provisions of this Act and of the regulations made under subsection 33 (2) that may be the subject of a delegation;
(c) prescribe conditions for the purposes of paragraph 4 of subsection (2).
Exceptions, regulations
(6) A regulation delegating responsibility for the administration of specified provisions of this Act under subsection (1) shall not delegate the power to make regulations under this Act.
Administrative agreement required
31.2 (1) A regulation shall not be made under subsection 31.1 (1) designating a Farm Registration Administrator unless the Minister has entered into an administrative agreement with the prospective designate with respect to the delegated legislation.
Content of agreement
(2) The administrative agreement shall include all matters that the Minister considers necessary to the efficient and effective delegation of the administration of the delegated legislation to the Farm Registration Administrator, including,
(a) the financial terms of the designation;
(b) any requirements relating to the governance of the Farm Registration Administrator;
(c) the right, if any, of the Farm Registration Administrator to purchase, use or otherwise have access to government assets, including information, records or intellectual property;
(d) a description of any liability the Farm Registration Administrator may incur as a result of exercising its responsibilities administering the delegated legislation; and
(e) a requirement that the Farm Registration Administrator maintain adequate insurance against liability arising out of carrying out the administration of the delegated legislation.
Minister’s terms
(3) On giving the notice to the Farm Registration Administrator that the Minister considers reasonable in the circumstances, the Minister may amend or insert a term in the administrative agreement or delete a term from it if,
(a) the term relates to the administration or enforcement of the delegated legislation; and
(b) the Minister considers it advisable to do so.
Review
31.3 (1) The Minister may require that reviews of a Farm Registration Administrator, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,
(a) by or on behalf of the Farm Registration Administrator; or
(b) by a person or entity specified by the Minister.
Access to records
(2) If a review is carried out by a person or entity specified by the Minister, the Farm Registration Administrator shall give the person or entity specified by the Minister and the employees of the person or entity access to all records and other information required to conduct the review.
Revocation of designation
31.4 (1) Subject to subsection (2), the Minister may, by regulation, revoke the designation of a corporation as a Farm Registration Administrator if,
(a) the Farm Registration Administrator has failed to comply with this Act, the delegated legislation or the administrative agreement and has not remedied the failure within the time period described in subsection (3); or
(b) the Minister considers it advisable to do so.
Notice
(2) The Minister shall give a Farm Registration Administrator such notice as he or she considers reasonable of his or her intention to revoke the Farm Registration Administrator’s designation.
Opportunity to remedy
(3) If a Farm Registration Administrator fails to comply with this Act, the delegated legislation or the administrative agreement, the Minister shall allow the Farm Registration Administrator the opportunity of remedying its failure within the time period that the Minister considers reasonable in the circumstances.
Voluntary revocation
(4) A Farm Registration Administrator may request that the Minister revoke its designation and in that case the Minister shall, by regulation, revoke the designation on the terms that the Minister considers advisable.
Non-application of Act
(5) The Statutory Powers Procedure Act does not apply to the exercise by the Minister of a right under this section to revoke the designation of a corporation as a Farm Registration Administrator or to revoke the delegation of specified legislative provisions.
Duties of Farm Registration Administrator
31.5 (1) A Farm Registration Administrator shall carry out the administration of all delegated legislation and shall do so in accordance with the law, this Act and the administrative agreement, having regard to the intent and purpose of this Act.
Services in French
(2) The French Language Services Act applies to a Farm Registration Administrator as though it were a government agency under that Act.
Services to persons with disabilities
(3) The Accessibility for Ontarians with Disabilities Act, 2005 applies to a Farm Registration Administrator as though it were an organization providing services for the purposes of that Act.
Reports
(4) Within one year of the effective date of its designation as Farm Registration Administrator and annually thereafter, a Farm Registration Administrator shall report to the Minister on its activities, financial affairs in respect of the administration of this Act and any other matters the Minister may request.
Same
(5) The reports required under subsection (4) shall be in a form acceptable to the Minister.
Employees
31.6 (1) Subject to the administrative agreement, a Farm Registration Administrator may employ or retain the services of any qualified person to carry out any power or duty relating to the administration of the delegated legislation.
No Crown employment
(2) Persons who are employed or whose services are retained under subsection (1) are not employees of the Crown and shall not hold themselves out as such.
No Crown agent
31.7 (1) A Farm Registration Administrator is not a Crown agency for the purposes of the Crown Agency Act and shall not hold itself out as such.
Same, officers, etc.
(2) The members, officers, directors, employees and agents of a Farm Registration Administrator, together with the persons whose services the Farm Registration Administrator retains, are not agents of the Crown and shall not hold themselves out as such.
No personal liability, Crown employee
31.8 (1) No action or other proceeding shall be instituted against an employee of the Crown for an act done in good faith in the execution or intended execution of a duty or service under delegated legislation, or for an alleged neglect or default in the execution in good faith of the duty or service.
Tort by Crown employee
(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject.
No Crown liability
31.9 No action or other proceeding for damages shall be instituted against the Crown for damages that a person suffers as a result of any act or omission taken or made in the administration of delegated legislation by a person who is not an employee or agent of the Crown.
Indemnification
31.10 A Farm Registration Administrator shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the Farm Registration Administrator or its members, officers, directors, employees or agents,
(a) in carrying out the administration of its delegated legislation; or
(b) in the execution or intended execution of its powers and duties under this Act, the delegated legislation and the administrative agreement.
No personal liability, board members and others
31.11 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2) for an act done in good faith in the execution or intended execution of a power or duty under delegated legislation, or for an alleged neglect or default in the execution in good faith of that power or duty.
Same
(2) Subsection (1) applies to,
(a) members of the board of directors of a Farm Registration Administrator; and
(b) persons who perform functions under delegated legislation as members, employees, agents or officers of the Farm Registration Administrator or as persons whose services it retains.
Liability of Farm Registration Administrator
(3) Subsection (1) does not relieve a Farm Registration Administrator of liability to which it would otherwise be subject in respect of a tort committed by one of its members, employees, agents or officers.
Audit
31.12 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of a Farm Registration Administrator, other than an audit required under the Corporations Act.
Access to records and information
(2) When the Auditor General conducts an audit under subsection (1), the Farm Registration Administrator shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit.
11 Section 33 of the Act is repealed and the following substituted:
Regulations, Lieutenant Governor in Council
33 (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing the amount of annual gross income for the purposes of section 2 and respecting the manner of determining the annual gross income and the period for which it is to apply;
(b) respecting the question of whether a farm organization offers its services to farming businesses in the French language and serves the socioeconomic and cultural interests of francophone farmers;
(c) prescribing the period during which an application must be filed for the purposes of subsections 4 (2) and 17 (1);
(d) respecting the criteria to be used for accrediting farm organizations;
(e) respecting the time at which accreditation of farm organizations starts for the purposes of subsection 6 (2);
(f) prescribing the francophone organization eligible for special funding under section 13 and the time at which that eligibility starts;
(g) respecting criteria for eligibility for special funding;
(h) defining any word or expression used in this Act that has not already been expressly defined in this Act;
(i) respecting allocation of money to the francophone organization eligible for special funding;
(j) respecting any matter advisable to carry out effectively the intent and purpose of the regulations made under this subsection.
Regulations, Minister
(2) The Minister may make regulations,
(a) governing applications for farming business registration numbers, including the form and manner of such applications and the time at which they must be made;
(b) prescribing circumstances in which applications may be made at different times and prescribing those times;
(c) requiring persons to pay a penalty for failing to submit an application for a farming business registration number at the required time;
(d) exempting persons from the requirement of having to register a farming business under section 2 for a specified period of time, specifying the period of time and prescribing the reasons for the exemption;
(e) governing the validity of farming business registration numbers, including their expiry and renewal;
(f) prescribing purposes for which the Ministry may use information included in applications for farming business registration numbers;
(g) respecting payments made to an accredited farm organization under section 21, including the refund of such payments and prescribing the amount of the payments and the manner in which the payments must be made;
(h) governing fees that may be charged to accredited farm organizations under subsection 21 (5), including the amount of fees and the manner in which they must be paid and the time at which they must be paid;
(i) respecting anything that this Act requires or authorizes to be prescribed, or to be done in accordance with the regulations, specified in the regulations or determined by the regulations, unless the matter is referred to in subsection (1);
(j) respecting any matter advisable to carry out effectively the intent and purpose of the regulations made under this subsection.
Same
(3) A regulation made under clause (1) (a) may provide that the manner of determining annual gross income be based on the calculations required to be made under the Income Tax Act (Canada).
Same
(4) A regulation made under clause (2) (a) may require different classes of persons to apply for a farming business registration number at different times.
Application
(5) A regulation may be general or particular in its application.
Ministry of Agriculture, Food and Rural Affairs Act
12 (1) Subsection 6.2 (1) of the Ministry of Agriculture, Food and Rural Affairs Act is amended by adding “including loan guarantee programs for the purposes of loan guarantees made by the Lieutenant Governor in Council under section 8” at the end.
(2) Subsection 6.2 (2) of the Act is amended by striking out “program” in the portion before clause (a) and substituting “program, other than a loan guarantee program”.
(3) Section 6.2 of the Act is amended by adding the following subsection:
Same, loan guarantee programs
(2.1) An order establishing a loan guarantee program shall not include the terms of the guarantee that are included in the guarantee itself under subsection 8 (1.1) but shall set out,
(a) the purposes of the loans, whether made to farmers or to entities that in turn provide loans directly to farmers, that are to be guaranteed under the program;
(b) the classes of farmers or entities described in clause (a) who are eligible to receive a loan guarantee under the program and any conditions for eligibility to participate in the program;
(c) the rules and procedures relating to applications to receive a loan guarantee under the program;
(d) the amount of any individual loan that may be guaranteed under the program, including any maximum limit on the amount of such loans;
(e) if any grants or payments may be made under the loan guarantee program to farmers or to entities described in clause (a), any matters referred to in clauses (2) (b) and (c); and
(f) any other matter relating to the administration of the program.
13 (1) Subsection 8 (1) of the Act is repealed and the following substituted:
Guarantee of loans
(1) The Lieutenant Governor in Council may, in accordance with subsection (2), guarantee the payment of one or more of the following loans, or any part of such loans, and guarantee the payment of any interest on the loans or the part of the loans, if the loans or the part of the loans are made for the encouragement of any branch of agriculture, food or rural affairs:
1. Loans made to farmers.
2. Loans made to entities that provide loans directly to farmers.
Terms of guarantee
(1.1) A guarantee under subsection (1), whether given as part of a loan guarantee program established under section 6.2 or otherwise, shall set out the terms of the guarantee, including the amount of the guarantee, the duration of the guarantee and the circumstances under which the guarantee would become null and void.
(2) Subsection 8 (2) of the Act is amended by striking out “approves” and substituting “approves by order”.
Commencement
14 (1) Subject to subsection (2), this Schedule comes into force on the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
(2) Sections 4 to 13 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 2
Ministry of the Attorney General
Pawnbrokers Act
1 The Pawnbrokers Act is repealed.
Personal Property Security Act
2 Clause 4 (1) (d) of the Personal Property Security Act is repealed and the following substituted:
(d) to a transaction between a pledgor and a person who carries on the business of taking, by way of pawn or pledge, any article for the repayment of money lent on the basis of the pawn or pledge;
Commencement
3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 3
Ministry of Education
Child Care and Early Years Act, 2014
1 Paragraph 3 of subsection 4 (1) of the Child Care and Early Years Act, 2014 is repealed and the following substituted:
homes
3. The care or supervision is provided at a child’s own home and,
i. is not provided for any other children who do not reside at that home, or
ii. does not meet the description of in-home services set out in paragraph 3 of subsection 6 (3).
2 (1) Sub-subparagraph 1 iv A of subsection 6 (3) of the Act is amended by striking out “two children” and substituting “three children”.
(2) Sub-subparagraph 1 iv B of subsection 6 (3) of the Act is amended by striking out “four children” and substituting “six children”.
(3) Subparagraph 2 iii of subsection 6 (3) of the Act is amended by striking out “two children” and substituting “three children”.
(4) Subparagraph 3 iv of subsection 6 (3) of the Act is repealed.
(5) Subparagraphs 4 i and ii of subsection 6 (4) and paragraph 1 of subsection 6 (5) of the Act are amended by striking out “six” wherever it appears and substituting in each case “four”.
(6) Paragraph 2 of subsection 6 (5) of the Act is repealed and the following substituted:
2. If the child care is provided on or after September 1 in a calendar year, a child who will attain the age of four in that year shall not be counted on any day.
3 Paragraph 2 of section 7 of the Act is repealed.
Education Act
4 Paragraph 2 of subsection 259 (2) of the Education Act is repealed.
5 Paragraph 1 of subsection 259.1 (2) of the Act is repealed and the following substituted:
1. The program must be a child care centre licensed under the Child Care and Early Years Act, 2014 or another program prescribed by the regulations made under this Part.
Commencement
Commencement
6 This Schedule comes into force on the later of July 1, 2019 and the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
SCHEDULE 4
Ministry of Energy, Northern Development and Mines
Ontario Energy Board Act, 1998
1 (1) Subsection 78 (2.3) of the Ontario Energy Board Act, 1998 is repealed.
(2) Subsection 78 (3) of the Act is amended by striking out “unit sub-metering or”.
(3) Subsection 78 (3.0.0.1) of the Act is amended by striking out “for unit sub-metering and” in the portion before clause (a).
(4) Clause 78 (6) (c) of the Act is amended by striking out “or unit sub-metering”.
(5) Subsection 78 (9) of the Act is amended by striking out “the transmitter, distributor or unit sub-meter provider” and substituting “the transmitter or distributor”.
(6) Subsection 78 (9) of the Act, as amended by subsection (5), is amended by striking out “the transmitter or distributor” and substituting “the transmitter, distributor or unit smart meter provider”.
2 Clause 88 (1) (g.6.0.2) of the Act is amended by striking out “prescribing rules in relation to the fixing of just and reasonable rates for unit sub-metering that the Board must follow” and substituting “prescribing rules in relation to the approving or fixing of just and reasonable rates for unit smart metering that the Board must follow”.
Commencement
3 (1) Subject to subsection (2), this Schedule comes into force on the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
(2) Subsections 1 (3) and (6) come into force on the later of the day subsection 38 (15) of the Energy Consumer Protection Act, 2010 comes into force and the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
SCHEDULE 5
Ministry of the Environment, Conservation and Parks
Toxics Reduction Act, 2009
1 The Toxics Reduction Act, 2009 is amended by adding the following section:
Repeal
72.1 This Act is repealed on December 31, 2021.
2 The following regulations made under the Act are revoked:
1. Ontario Regulation 455/09 (General).
2. Ontario Regulation 296/18 (Service of Documents).
Commencement
3 (1) Subject to subsection (2), this Schedule comes into force on the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
(2) Section 2 comes into force on December 31, 2021.
SCHEDULE 6
Ministry of Finance
Pension Benefits Act
1 Subsection 80.4 (1) of the Pension Benefits Act is repealed.
Commencement
2 This Schedule comes into force on the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
SCHEDULE 7
Ministry of Government and Consumer Services
Technical Standards and Safety Act, 2000
1 (1) Section 2 of the Technical Standards and Safety Act, 2000 is repealed and the following substituted:
Application
2 This Act applies to amusement devices, boilers and pressure vessels, elevating devices, fuels, operating engineers and upholstered or stuffed articles.
(2) Section 2 of the Act, as re-enacted by subsection (1), is amended by striking out “operating engineers and upholstered or stuffed articles” at the end and substituting “and operating engineers”.
2 (1) Section 3 of the Act is amended by adding the following definitions:
“alternate rules” mean the rules made by a director and approved by an order of the Minister made under section 36.1; (“règles de rechange”)
“Minister’s order” means an order made by the Minister under section 33 unless the context requires otherwise; (“arrêté du ministre”)
(2) Paragraph 7 of the definition of “predecessor Act” in section 3 of the Act is repealed.
3 The following provisions of the Act are amended by striking out “and the regulations” wherever that expression appears and substituting in each case “the regulations and alternate rules”:
1. Paragraphs 1, 2, 4 and 5 of section 3.6.
2. Subsection 3.11 (2).
4 (1) Subsection 3.12 (1) 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) the alternate rules.
(2) Subsection 3.12 (2) of the Act is repealed and the following substituted:
Same
(2) The Corporation shall carry out the administration of this Act, the regulations and alternate rules as provided under subsection (1) in accordance with the law, this Act, the regulations, Minister’s orders, alternate rules and the memorandum of understanding under section 3.15.
(3) The following provisions of the Act are amended by striking out “and the regulations” wherever that expression appears and substituting in each case “the regulations and alternate rules”.
1. Subsection 3.12 (3).
2. Clause 3.13 (2) (b).
3. Subsection 3.14 (2).
4. Paragraphs 1 and 3 of subsection 3.15 (1).
5 (1) The following provisions of section 3.16 of the Act are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Subsection (1).
2. Paragraph 1 of subsection (2).
(2) Paragraph 8 of subsection 3.16 (2) of the Act is amended by striking out “or the regulations” at the end and substituting “the regulations or alternate rules”.
6 (1) Subsection 3.17 (1) of the Act is amended by striking out “or a Minister’s order” and substituting “a Minister’s order or an alternate rule”.
(2) Clause 3.17 (4) (a) of the Act is amended by striking out “and the regulations” at the end and substituting “the regulations and alternate rules”.
(3) Clause 3.17 (4) (b) of the Act is amended by adding “an alternate rule” after “Minister’s order”.
7 The following provisions of the Act are amended by striking out “and the regulations” wherever that expression appears and substituting in each case “the regulations and alternate rules”:
1. Clause 3.18 (1) (b).
2. Section 3.19.
8 The following provisions of the Act are amended by striking out “and Minister’s orders” wherever that expression appears and substituting in each case “Minister’s orders and alternate rules”:
1. Subsection 3.20 (1).
2. Clause 3.21 (1) (c).
9 Subsection 3.23 (11) of the Act is amended by adding “an alternate rule” after “Minister’s order”.
10 The following provisions of the Act are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Subsection 3.24 (1).
2. Subsection 3.24 (2).
11 (1) Subsection (2) applies only if section 16 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 does not come into force before subsection (2) comes into force.
(2) Subsection 4 (1) of the Act is repealed and the following substituted:
Appointments of directors, inspectors and investigators
(1) The Corporation may appoint directors, inspectors and investigators for the purposes of this Act, the regulations, a Minister’s order or an alternate rule, including for the purpose of determining whether authorization holders continue to meet the requirements for authorization and the requirements of this Act, the regulations, Minister’s orders and alternate rules.
(3) Subsection 4 (1) of the Act, as re-enacted by section 16 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018, is repealed and the following substituted:
Appointments of directors, inspectors, investigators and assessors
(1) The Corporation may appoint directors, inspectors, investigators and assessors for the purposes of this Act, the regulations, a Minister’s order or an alternate rule, including for the purpose of determining whether authorization holders continue to meet the requirements for authorization and the requirements of this Act, the regulations, Minister’s orders and alternate rules.
12 (1) Subsection (2) applies only if section 16 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 does not come into force before subsection (2) comes into force.
(2) The following provisions of section 5 of the Act are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Subsection (1).
2. Clause (2) (a).
(3) The following provisions of section 5 of the Act, as re-enacted by section 16 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018, are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Subsection (1).
2. Clause (2) (a).
13 (1) Subsection 6 (1) of the Act is repealed and the following substituted:
Requirement for authorization
(1) Except as provided in the regulations, a Minister’s order or an alternate rule, a person is required to obtain an authorization in accordance with this Act, the regulations, a Minister’s order or an alternate rule before carrying out the activities referred to in the regulations, a Minister’s order or an alternate rule as requiring an authorization or before operating or otherwise dealing with any thing referred to in the regulations, a Minister’s order or an alternate rule as requiring an authorization.
(2) Subsection 6 (2) of the Act is amended by striking out “or a Minister’s order” and substituting “a Minister’s order or an alternate rule”.
(3) Clause 6 (7) (f) of the Act is amended by adding “an alternate rule” after “Minister’s order”.
14 Subsection 8 (7) of the Act is amended by adding “an alternate rule” after “Minister’s order”.
15 (1) Subsection 12 (1) of the Act is amended by striking out “or a Minister’s order” and substituting “a Minister’s order or an alternate rule”.
(2) Subsection 12 (2) of the Act is amended by striking out “or a Minister’s order” and substituting “a Minister’s order or an alternate rule”.
16 Subsection 16 (1) of the Act is amended by striking out “or a Minister’s order” and substituting “a Minister’s order or an alternate rule”.
17 (1) Subsection 17 (1) of the Act is amended by striking out “or a Minister’s order” in the portion before clause (a) and substituting “a Minister’s order or an alternate rule”.
(2) Clause 17 (1) (a) of the Act is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
18 Clause 20 (3) (b) of the Act is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
19 (1) Subsection 21 (1) of the Act is amended by striking out “or a Minister’s order” in the portion before clause (a) and substituting “a Minister’s order or an alternate rule”.
(2) Clause 21 (1) (b) of the Act is amended by striking out “or the regulations” and substituting “the regulations or an alternate rule”.
(3) Subsection 21 (2) of the Act is amended by striking out “or a Minister’s order” and substituting “a Minister’s order or an alternate rule”.
(4) The following provisions of the Act are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Subsection 21 (3).
2. Subclause 22 (4) (b) (ii).
20 The following provisions of the Act are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Clause 22.1 (1) (a).
2. Subclause 22.1 (1) (b) (i).
3. Subclause 22.1 (1) (b) (ii).
4. Subsection 22.3 (1).
21 Clause 23 (1) (e) of the Act is amended by adding “or an alternate rule” after “Minister’s order”.
22 The following provisions of the Act are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Section 31.
2. Subsection 32 (1).
23 Clause 32.1 (1) (c) of the Act is amended by adding “a prescribed alternate rule” after “Minister’s order”.
24 (1) The heading immediately before subsection 33 (1) of the Act is repealed and the following substituted:
Orders, Regulations and Alternate Rules
(2) Clause 33 (1) (l) of the Act is repealed.
(3) Section 33 of the Act is amended by adding the following subsection:
Not regulations
(1.1) Part III of the Legislation Act, 2006 does not apply to a Minister’s order made under subsection (1).
25 (1) Clause 34 (1) (c) of the Act is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
(2) The following provisions of subsection 34 (1) of the Act are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Clause (d).
2. Subclause (e) (i).
(3) Clause 34 (1) (f) of the Act is amended by adding “or an alternate rule” after “Minister’s order”.
(4) The following provisions of subsection 34 (1) of the Act are amended by striking out “or a Minister’s order” wherever that expression appears and substituting in each case “a Minister’s order or an alternate rule”:
1. Clause (h).
2. Clause (k).
26 Section 35 of the Act is repealed and the following substituted:
Definitions
35 Any word or expression used in this Act may be defined in the regulations, a Minister’s order or an alternate rule for the purposes of the regulations, the order or the rule, as the case may be.
27 (1) Clause 36 (3) (c) of the Act is repealed and the following substituted:
(c) subject to such conditions as he or she may specify, allow a variance from any regulation, Minister’s order or alternate rule if, in his or her opinion, the variance would not detrimentally affect the safe use of the thing to which the regulation, Minister’s order or alternate rule applies or the health or safety of any person.
(2) Subsection 36 (5) of the Act is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
28 The Act is amended by adding the following section:
Alternate rules
36.1 (1) A director may make a proposal in writing to the Minister that a matter to which the regulations apply should be governed by the alternate rules that the director sets out in the proposal.
Contents
(2) The proposal must demonstrate how the alternate rules set out in it achieve the purposes of this Act.
Minister’s approval
(3) The Minister may, by order, approve the proposal if the Minister considers it in the public interest to do so.
Non-application of other Act
(4) The Statutory Powers Procedure Act does not apply to an order of the Minister made under subsection (3).
Not regulations
(5) Part III of the Legislation Act, 2006 does not apply to alternate rules or a Minister’s order made under subsection (3).
Non-application of regulations and Minister’s orders
(6) Where the Minister approves a proposal for alternate rules under subsection (3), the regulations and Minister’s orders do not apply to the extent provided in the alternate rules.
Publication
(7) Upon approving a proposal for alternate rules under subsection (3), the Minister shall give notice of the approval to the Corporation and the Corporation shall post a copy of the rules on its website.
29 (1) Subsections (2) and (3) apply only if section 24 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 does not come into force before subsections (2) and (3) come into force.
(2) Clause 37 (1) (a) of the Act is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
(3) Clause 37 (1) (b) of the Act is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
(4) Clause 37 (1) (a) of the Act, as re-enacted by section 24 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018, is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
(5) Clause 37 (1) (b) of the Act, as re-enacted by section 24 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018, is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
(6) Subsection 37 (4) of the Act is amended by adding “an alternate rule” after “Minister’s order”.
30 Section 39 of the Act is amended by striking out “and a Minister’s order” and substituting “a Minister’s order and an alternate rule”.
31 Section 41 of the Act is amended by striking out “or a Minister’s order” at the end and substituting “a Minister’s order or an alternate rule”.
Wireless Services Agreements Act, 2013
32 The Wireless Services Agreements Act, 2013 is repealed.
33 The following regulations made under the Act are revoked:
1. Ontario Regulation 58/14 (Designated Jurisdictions), as amended.
2. Ontario Regulation 121/16 (General).
Commencement
34 (1) Subject to subsections (2) to (6), this Schedule comes into force on the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
(2) Subsections 1 (2), 2 (2) and 24 (2) come into force on July 1, 2019.
(3) Subsections 11 (3) and 12 (3) come into force on the later of the day section 16 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 comes into force and the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
(4) Section 23 comes into force on the later of the day section 20 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 comes into force and the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
(5) Subsections 29 (4) and (5) come into force on the later of the day section 24 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 comes into force and the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
(6) Sections 32 and 33 come into force on the day that is six months after the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
SCHEDULE 8
Ministry of Health and Long-Term Care
Long-Term Care Homes Act, 2007
1 Subsection 44 (10) of the Long-Term Care Homes Act, 2007 is repealed and the following substituted:
Persons to whom notice given
(10) The persons referred to in subsection (9) are the following:
1. The applicant.
2. The appropriate placement co-ordinator.
2 Subsection 99 (2) of the Act is repealed.
3 (1) Subsection 100 (2) of the Act is repealed.
(2) Subsection 100 (7) of the Act is amended by striking out “and is not required to consult the public a second time before issuing it” at the end.
4 Subsection 103 (3) of the Act is repealed.
5 Subsection 104 (1) of the Act is amended by striking out “than are authorized under section 113” at the end and substituting “a temporary emergency licence issued under section 112”.
6 Subsection 105 (4) of the Act is repealed.
7 (1) Subsection 106 (1) of the Act is repealed and the following substituted:
Public consultation
(1) Subject to subsection (3), the Director shall consult the public before,
(a) issuing a licence for a new long-term care home under section 99;
(b) undertaking to issue a licence under section 100;
(c) deciding whether or not to issue a new licence under section 103;
(d) transferring a licence, or beds under a licence, under section 105; or
(e) amending a licence to increase the number of beds or to extend the term of the licence under section 114.
(2) Subsections 106 (2), (3) and (4) of the Act are repealed and the following substituted:
Public consultation, format
(2) The Director may determine how public consultations under subsection (1) shall be conducted.
Exception
(3) The Director is not required to consult the public under subsection (1) or under any other provision of this Act where the Director,
(a) has determined that a public consultation is not warranted in the circumstances; or
(b) has made a policy governing types of circumstances in which public consultation is not warranted, and the policy applies to the circumstances, unless the Director makes an exception to the policy.
Publishing of policy
(4) If the Director makes a policy under clause (3) (b), the Director shall ensure that the policy is published on the website of the Ministry or in the manner prescribed by regulation.
Non-application of Legislation Act, 2006
(5) Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy made by the Director under clause (3) (b).
8 (1) Subsection 112 (1) of the Act is repealed and the following substituted:
Temporary emergency licences
(1) Subject to any restrictions or requirements that may be prescribed by regulation, in order to accommodate persons affected by a temporary emergency, the Director may issue a temporary emergency licence,
(a) authorizing premises to be used as a long-term care home on a temporary basis; or
(b) authorizing temporary additional beds at a long-term care home.
Conditions of temporary emergency licence
(1.1) Except as otherwise specified in writing by the Director, it is a condition of the temporary emergency licence that the only persons who may be admitted to a bed under the authority of the licence are persons affected by the temporary emergency.
(2) Paragraph 2 of subsection 112 (2) is repealed and the following substituted:
2. The licence may be issued for a term of no more than one year, and may not be renewed.
(3) Subsection 112 (3) of the Act is amended by adding the following paragraph:
2.1 Section 98.
(4) Section 112 of the Act is amended by adding the following subsection:
Transition
(4) Any short-term authorization given by the Director under section 113 before the day section 9 of Schedule 8 to the Restoring Ontario’s Competitiveness Act, 2019 comes into force continues to be valid until the authorization period expires.
9 Section 113 of the Act is repealed.
10 Paragraph 3 of subsection 114 (4) of the Act is repealed.
11 Clause 117 (2) (d) of the Act is repealed and the following substituted:
(d) governing public consultation for the purposes of section 106 and governing requirements and restrictions with respect to any determination or policy of the Director under that section;
12 Subsection 131 (6) of the Act is repealed and the following substituted:
Temporary licence provision not affected
(6) Nothing in this section affects the application of sections 111 and 112 and, for greater certainty, a temporary licence under section 111 or a temporary emergency licence under section 112 can be issued to a municipality or board of management and can be revoked under section 157.
Commencement
13 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 9
Ministry of labour
Employment Standards Act, 2000
1 The Employment Standards Act, 2000 is amended by striking out the heading for Part II and substituting the following:
Part II
Information Concerning Rights and Obligations
2 (1) Subsections 2 (1), (2), (5) and (6) of the Act are amended by striking out “Minister” wherever it appears and substituting in each case “Director”.
(2) Subsections 2 (3) and (4) of the Act are repealed.
(3) Subsection 2 (8) of the Act is repealed and the following substituted:
Transition
(8) The most recent poster prepared and published by the Minister under subsection (1) as it read immediately before the day the Restoring Ontario’s Competitiveness Act, 2019 received Royal Assent is deemed to have been prepared and published by the Director.
Same
(9) Any translation prepared by the Minister under subsection (6), as it read immediately before the day the Restoring Ontario’s Competitiveness Act, 2019 received Royal Assent, is deemed to have been prepared by the Director.
3 (1) Subsections 17 (3) and (4) of the Act are repealed and the following substituted:
Exception: hours in a work week
(3) An employee’s hours of work may exceed the limit set out in clause (1) (b) if the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a work week in excess of the limit and his or her hours of work in a work week do not exceed the number of hours specified in the agreement.
(2) Subsections 17 (5), (6), (7) and (9) of the Act are amended by striking out “in subsection (2) or in clause (3) (a)” wherever it appears and substituting in each case “in subsection (2) or (3)”.
(3) Clauses 17 (8) (b) and (c) of the Act are amended by striking out “clause (3) (a)” wherever it appears and substituting in each case “subsection (3)”.
(4) Subsections 17 (10) and (11) of the Act are repealed.
4 Section 17.1 of the Act is repealed.
5 Section 17.2 of the Act is repealed.
6 Section 17.3 of the Act is repealed.
7 Subsection 21.1 (1) of the Act is amended by striking out “in subsection 17 (2) or clause 17 (3) (a)” at the end and substituting “in subsection 17 (2) or (3)”.
8 (1) Subsections 22 (2) and (2.1) of the Act are repealed and the following substituted:
Averaging
(2) An employee’s hours of work may be averaged over separate, non-overlapping, contiguous periods of two or more consecutive weeks for the purpose of determining the employee’s entitlement, if any, to overtime pay if,
(a) the employee has made an agreement with the employer that his or her hours of work may be averaged over periods of a specified number of weeks; and
(b) the averaging period does not exceed four weeks or the number of weeks specified in the agreement, whichever is lower.
(2) Subsection 22 (3) of the Act is repealed and the following substituted:
Term of agreement
(3) Subject to subsections (3.1) and (3.2), an averaging agreement is not valid unless it provides for a start date and an expiry date.
Limit on agreement, not represented by trade union
(3.1) If the employee is not represented by a trade union, the averaging agreement’s expiry date shall not be more than two years after the start date.
Limit on agreement, collective agreement applies
(3.2) If the employee is represented by a trade union and a collective agreement applies to the employee, an averaging agreement shall expire no later than the day a subsequent collective agreement that applies to the employee comes into operation.
(3) Subsection 22 (4) of the Act is repealed and the following substituted:
Agreement may be renewed or replaced
(4) For greater certainty, an averaging agreement may be renewed or replaced if the requirements set out in this section are met.
(4) Subsections 22 (5) and (5.1) of the Act are repealed and the following substituted:
Existing agreement
(5) Any averaging agreement that was made before the day the Restoring Ontario’s Competitiveness Act, 2019 received Royal Assent in accordance with this section, as it read at the time, and that was approved by the Director under section 22.1, as it read at the time, is deemed to have met the requirements set out in subsections (2), (3), (3.1) and (3.2) and continues to be valid until the earlier of,
(a) the day the agreement is revoked under subsection (6);
(b) the day the Director’s approval expires; or
(c) the day the Director’s approval is revoked.
9 Sections 22.1 and 22.2 of the Act are repealed.
10 Subsection 95 (1) of the Act is amended by striking out “sections 8, 17.1 and 22.1” and substituting “section 8”.
11 (1) Section 141 of the Act is amended by adding the following subsection:
Transitional regulations
(2.0.3.2) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by the Restoring Ontario’s Competitiveness Act, 2019.
(2) Subsection 141 (2.0.4) of the Act is amended by striking out “subsection (2.0.3) or (2.0.3.1)” wherever it appears and substituting in each case “subsection (2.0.3), (2.0.3.1) or (2.0.3.2)”.
Labour Relations Act, 1995
12 (1) Section 125 of the Labour Relations Act, 1995 is amended by adding the following subsection:
Same
(2.2) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by the Restoring Ontario’s Competitiveness Act, 2019.
(2) Subsection 125 (3) of the Act is amended by striking out “subsection (2) or (2.1)” and substituting “subsection (2), (2.1) or (2.2)”.
13 The definition of “non-construction employer” in subsection 126 (1) of the Act is repealed and the following substituted:
“non-construction employer” means,
(a) an employer who does no work in the construction industry for which the employer expects compensation from an unrelated person, or
(b) an employer who is deemed to be a non-construction employer under subsection 127 (1); (“employeur extérieur à l’industrie de la construction”)
14 (1) The Act is amended by adding the following section:
Deemed non-construction employer
127 (1) The following entities are deemed to be non-construction employers:
1. A municipality.
2. A local board as defined in subsection 1 (1) of the Municipal Act, 2001 or in subsection 3 (1) of the City of Toronto Act, 2006.
3. A local housing corporation as defined in section 24 of the Housing Services Act, 2011.
4. A corporation established under section 203 of the Municipal Act, 2001 or under section 148 of the City of Toronto Act, 2006.
5. A district social services administration board established under the District Social Services Administration Boards Act.
6. A school board within the meaning of the School Boards Collective Bargaining Act, 2014.
7. A hospital within the meaning of the Public Hospitals Act.
8. A college established under the Ontario Colleges of Applied Arts and Technology Act, 2002.
9. A university in Ontario that receives regular direct operating funding from the Government and the university’s affiliates and federates.
10. A public body within the meaning of the Public Service of Ontario Act, 2006.
Effect on bargaining rights and collective agreements
(2) Paragraphs 1 and 2 apply with respect to a trade union that represents employees of a non-construction employer referred to in subsection (1) employed, or who may be employed, in the construction industry:
1. On the day this subsection comes into force, the trade union no longer represents those employees of the non-construction employer who are employed in the construction industry.
2. On the day this subsection comes into force, any collective agreement binding the non-construction employer and the trade union ceases to apply with respect to the non-construction employer in so far as the collective agreement applies to the construction industry.
Amendment of unit
(3) A non-construction employer referred to in subsection (1) or a trade union affected by the application of subsection (2) may apply to the Board to redefine the composition of a bargaining unit affected by the application of subsection (2) if the bargaining unit also includes employees who are not employed in the construction industry.
Non-application of ss. 127.1, 127.2
(4) Sections 127.1 and 127.2 do not apply with respect to a non-construction employer referred to in subsection (1).
(2) Section 127 of the Act, as enacted by subsection (1), is amended by adding the following subsections:
Opt-out election
(5) An entity referred to in subsection (1) may elect to opt out of the application of subsections (1) to (4) if, on the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent, a trade union represents employees of the entity who are employed, or who may be employed, in the construction industry.
Same, required content
(6) An election made under subsection (5) must be made by a person or body with authority to bind the entity, must be prepared in writing and must set out the day on which it was made.
Same, timing
(7) An election made under subsection (5) must be filed with the Minister within three months after the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
Election irrevocable
(8) Once filed with the Minister, an election made under subsection (5) is irrevocable.
Minister may publish
(9) The Minister may publish an election made under subsection (5), including by publishing it on a Government of Ontario website.
Effect of election
(10) If an entity made an election under subsection (5) and filed it with the Minister in accordance with subsection (7), subsections (1) to (4) do not apply in respect of that entity.
Application under s. 127.2 permitted
(11) For greater certainty, an entity who made an election under subsection (5) and filed it with the Minister in accordance with subsection (7) is not precluded from subsequently making an application under section 127.2.
Commencement
15 (1) Subject to subsection (2), this Schedule comes into force on the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
(2) Sections 12 and 13 and subsection 14 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 10
Ministry of Training, COlleges and Universities
Private Career Colleges Act, 2005
1 Subsections 17 (1) and (2) of the Private Career Colleges Act, 2005 are repealed and the following substituted:
Term of registration or renewal
(1) A registration or renewal of a registration shall be,
(a) for a term specified by the Superintendent in accordance with the regulations; or
(b) if there are no regulations governing the term, for a term of one year, unless otherwise specified by the Superintendent.
2 Section 49 of the Act is amended by adding the following subsections:
Removal of posting
(9) The Superintendent may remove any material or information published under subsection (1) or (2) from the website referred to in subsection (6) and may remove or direct the removal of a copy of a publication posted under subsection (7).
Same
(10) The removal of material or information under subsection (9) shall be done in accordance with the regulations, if any.
3 Subsection 55 (1) of the Act is amended by adding the following paragraphs:
8.1 governing the term of a registration or renewal of a registration;
. . . . .
25.1 governing the removal of material and information for the purposes of subsection 49 (9);
Commencement
4 This Schedule comes into force on the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.
SCHEDULE 11
Ministry of Transportation
Highway Traffic Act
1 (1) The definition of “CAVR cab card” in subsection 6 (1) of the Highway Traffic Act is repealed.
(2) The definition of “permit” in subsection 6 (1) of the Act is amended by striking out “a CAVR cab card or”.
2 (1) Subsection 7 (3) of the Act is amended by striking out “a CAVR cab card or”.
(2) Subsection 7 (6) of the Act is repealed and the following substituted:
Same
(6) Where the permit is an IRP cab card, any electronic version of the permit must comply with the requirements of the International Registration Plan and with any requirements established by the Ministry for the purpose of this subsection.
3 The definition of “number plate” in subsection 12 (3) of the Act is amended by adding “and” at the end of clause (c) and striking out clause (d).
4 Subsection 14 (2) of the Act is amended,
(a) by striking out “a CAVR cab card or” in the portion before clause (a); and
(b) by striking out “the CAVR cab card or the IRP cab card, as the case may be” and substituting “the IRP cab card” in the portion after clause (c).
Commencement
5 This Schedule comes into force on the later of January 1, 2019 and the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent.