Bill 84 Royal Assent (PDF)

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 84 and does not form part of the law.
Bill 84 has been enacted as Chapter 2 of the Statutes of Ontario, 2022.

SCHEDULE 1
AT YOUR SERVICE ACT, 2022

The Schedule enacts the At Your Service Act, 2022. The Act provides that Ministries and prescribed entities shall comply with any service standards that apply to them under the Act. If a service standard is a guaranteed service standard, a refund or compensation may be payable for a failure to comply with the service standard.

SCHEDULE 2
BUILDING ONTARIO BUSINESSES INITIATIVE ACT, 2022

The Schedule enacts the Building Ontario Businesses Initiative Act, 2022. The Act requires public sector entities, as defined in the Act, to give Ontario businesses preference when conducting procurement processes for goods and services under a specified threshold amount. The Lieutenant Governor in Council is given regulation-making authority to determine the details of the requirement, including which businesses are considered to be Ontario businesses, how those businesses are to be given preference, and which goods and services are affected and under what threshold amount.

SCHEDULE 3
CHILD, YOUTH AND FAMILY SERVICES ACT, 2017

The Schedule amends the Child, Youth and Family Services Act, 2017 by adding sections 73.1 to 73.3 and by adding two definitions.

New section 73.1 provides the Minister with the authority to designate entities as prevention-focused Indigenous service providers and sets out their functions. Subsections 73.1 (5) and (6) require the Minister to establish a list of prevention-focused Indigenous service providers and make the list available to the public.

New section 73.2 establishes requirements for societies and prescribed service providers to seek certain information about available services. Societies and prescribed service providers are also required to provide this information to certain First Nations, Inuit and Métis children and prescribed persons and to take prescribed steps to enable those children or prescribed persons to receive any of the services set out in the information they received.

New section 73.3 requires societies and prescribed service providers to establish circles of supportive persons for First Nations, Inuit and Métis children and prescribed persons who so wish. A circle of supportive persons is defined as a group of individuals and entities that aims to support and improve the well-being of a First Nations, Inuk or Métis child.

The Schedule also makes amendments to Part IX (Residential Licensing) of the Act. Section 243 of the Act is amended to deem the provision of customary care in specified circumstances to not constitute the provision of residential care for the purposes of Part IX. A new section 247.1 is added, which provides for an exemption, in respect of children being cared for under customary care in those circumstances, from requirements that apply to licensees that hold a licence issued under Part IX.

Sections 342 and 347 of the Act are also amended to provide for related regulation-making powers.

SCHEDULE 4
FISCAL SUSTAINABILITY, TRANSPARENCY AND ACCOUNTABILITY ACT, 2019

Section 4 of the Fiscal Sustainability, Transparency and Accountability Act, 2019 is amended to provide that the deadline for the release of the budget in respect of the 2022-2023 fiscal year is April 30, 2022.

SCHEDULE 5
HIGHWAY 407 EAST ACT, 2012

The Schedule repeals and replaces the definition of “Highway 407 East” in subsection 1 (1) of the Highway 407 East Act, 2012.

SCHEDULE 6
HIGHWAY TRAFFIC ACT

The Schedule amends the Highway Traffic Act to give the Minister the authority to refund or waive fees for the validation of vehicle permits that were paid or payable in respect of any part of a validation period that occurs on or after March 1, 2020.

SCHEDULE 7
THE LAURENTIAN UNIVERSITY OF SUDBURY ACT, 1960

The Schedule amends The Laurentian University of Sudbury Act, 1960. Sections 2 and 13 are re-enacted to reduce the size of the Board of Governors of the University to 16 members, and other related amendments are made.

SCHEDULE 8
LICENCE APPEAL TRIBUNAL ACT, 1999

The Licence Appeal Tribunal Act, 1999 provides that a party to a proceeding before the Tribunal relating to a matter under any of the listed Acts may appeal from the Tribunal’s decision or order to the Divisional Court. The Act is amended to add the Towing and Storage Safety and Enforcement Act, 2021 to the list of Acts.

SCHEDULE 9
LIQUOR LICENCE AND CONTROL ACT, 2019

The Schedule amends the Liquor Licence and Control Act, 2019 to provide that, in addition to having investigation powers under the Act, police officers may also exercise specified inspection powers under the Act. Complementary amendments are made to various provisions of the Act.

SCHEDULE 10
MINING ACT

The Schedule makes three housekeeping amendments to the Mining Act.

SCHEDULE 11
MINISTRY OF INFRASTRUCTURE ACT, 2011

The Minister of Infrastructure Act, 2011 is amended to require the Minister to establish a centre of realty excellence to carry out certain functions with respect to use and disposal of government property.

Bill 84 2022

An Act to enact two Acts and amend various other Acts

CONTENTS

1.

Contents of this Act

2.

Commencement

3.

Short title

Schedule 1

At Your Service Act, 2022

Schedule 2

Building Ontario Businesses Initiative Act, 2022

Schedule 3

Child, Youth and Family Services Act, 2017

Schedule 4

Fiscal Sustainability, Transparency and Accountability Act, 2019

Schedule 5

Highway 407 East Act, 2012

Schedule 6

Highway Traffic Act

Schedule 7

The Laurentian University of Sudbury Act, 1960

Schedule 8

Licence Appeal Tribunal Act, 1999

Schedule 9

Liquor Licence and Control Act, 2019

Schedule 10

Mining Act

Schedule 11

Ministry of Infrastructure Act, 2011

 

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)  Except as otherwise provided in this section, 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 Fewer Fees, Better Services Act, 2022.

 

SCHEDULE 1
AT YOUR SERVICE ACT, 2022

Preamble

Ontario is committed to reducing administrative burdens for those seeking permits, licences, information or any other type of government approval and improving the overall experience for the user by making it easier to access required information and services.

Ontario is dedicated to increasing predictability and keeping government accountable.

Definitions

1 In this Act,

“guaranteed service standard” means a service standard that meets the prescribed criteria to be a guaranteed service standard; (“norme de service garanti”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“service standard” means a standard established by a ministry or prescribed entity that,

  (a)  establishes a maximum time period within which the ministry or prescribed entity undertakes to,

         (i)  respond to a request or application for a permit, licence, information or any other type of approval, or

        (ii)  make any other decision or perform any other service, and

  (b)  meets the prescribed criteria. (“norme de service”)

Compliance with service standards

2 (1)  A ministry or prescribed entity to which a service standard applies shall comply with the service standard.

Same

(2)  A ministry or prescribed entity shall comply with any prescribed requirements respecting the establishment of service standards and respecting the publication of service standards and reports respecting their compliance with service standards.

Guaranteed service standards

3 (1)  If a ministry or prescribed entity fails to comply with a guaranteed service standard and a regulation made under this Act provides that a refund or compensation is available in respect of such non-compliance, the minister of the ministry, or the prescribed entity, as the case may be, shall pay the refund or compensation.

Amount of compensation

(2)  Compensation paid under subsection (1) shall not exceed the amount of the fee, if any, that was payable in respect of the permit, licence, information, approval, decision or service.

Reporting

4 The Government of Ontario shall regularly give public reports on,

  (a)  whether ministries and prescribed entities are in compliance with any service standards applicable to them; and

  (b)  the amount of money paid out under section 3.

Business Service Standard

5 (1)  The Minister of Economic Development, Job Creation and Trade shall make available to the public a list titled “Business Service Standard” that identifies the service standards that meet the prescribed requirements and which of those service standards are guaranteed service standards as defined in this Act.

Publication

(2)  The Minister shall ensure the list is published on a Government of Ontario website or in such other manner as the Minister considers advisable.

Immunity

6 (1)  No action or other proceeding shall be commenced against the Crown or a prescribed entity with respect to anything done or omitted to be done, or purported to be done or omitted to be done, under this Act.

Same

(2)  No person is entitled to any refund or compensation, other than as provided for under section 3, or any other remedy or relief for failure to meet requirements under this Act.

Regulations

7 The Lieutenant Governor in Council may make regulations,

  (a)  prescribing anything that is referred to in this Act as being prescribed;

  (b)  prescribing criteria that must be met for a service standard to be a guaranteed service standard;

  (c)  requiring ministries or prescribed entities to establish service standards and prescribing rules governing the service standards;

  (d)  requiring ministries or prescribed entities to publish service standards and reports respecting their compliance with the service standards, and governing such publication;

  (e)  providing that a refund or compensation is available where a ministry or prescribed entity fails to comply with a guaranteed service standard and governing the provision of such refund or compensation, including prescribing conditions for eligibility for a refund or compensation and specifying procedures for requesting a refund or compensation;

   (f)  governing the contents and publication of the Business Service Standard list referred to in section 5.

Commencement

8 The Act set out in this Schedule comes into force on the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

Short title

9 The short title of the Act set out in this Schedule is the At Your Service Act, 2022.

 

SCHEDULE 2
BUILDING ONTARIO BUSINESSES INITIATIVE ACT, 2022

Purpose

1 The purpose of this Act is to contribute to the growth of Ontario businesses by providing for circumstances in which public sector entities are required to give those businesses preference when conducting procurement processes for goods and services under a specified threshold amount.

Definitions

2 In this Act,

“prescribed” means prescribed by the regulations; (“prescrit”)

“public sector entity” means,

  (a)  a government entity as defined in the Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019, and

  (b)  a designated broader public sector organization as defined in the Broader Public Sector Accountability Act, 2010; (“entité du secteur public”)

“regulations” means the regulations made under this Act. (“règlements”)

Requirement to give preference to Ontario businesses

3 A public sector entity shall give preference to Ontario businesses, in accordance with the regulations, when conducting a procurement process for prescribed goods and services the value of which are under the prescribed threshold amount.

Deemed part of agreement

4 Every requirement under this Act of a public sector entity that is a designated broader public sector organization is deemed to be a requirement with which it must comply under the terms of every agreement or other funding arrangement between itself and the Crown in right of Ontario or an agency of the Crown in right of Ontario.

Conflict

5 For greater certainty, in the event of a conflict between a requirement under this Act and a directive made by the Management Board of Cabinet, the requirement under this Act prevails.

Regulations

6 The Lieutenant Governor in Council may make regulations for carrying out the purpose and provisions of this Act, including regulations,

  (a)  governing when a business is considered to be an Ontario business for the purpose of this Act;

  (b)  for the purpose of section 3,

         (i)  prescribing goods and services,

        (ii)  providing for and governing threshold amounts for prescribed goods and services, including providing for different amounts for different goods and services or with respect to different public sector entities,

        (iii)  specifying and governing the manner in which preference shall be given to Ontario businesses in procurement processes;

  (c)  exempting a procurement process or public sector entity from a requirement under this Act, subject to any conditions that the regulations may specify;

  (d)  governing any transitional matters that may arise in connection with the application of this Act or the regulations.

Commencement

7 The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

8 The short title of the Act set out in this Schedule is the Building Ontario Businesses Initiative Act, 2022.

 

SCHEDULE 3
CHILD, YOUTH AND FAMILY SERVICES ACT, 2017

1 Subsection 2 (1) of the Child, Youth and Family Services Act, 2017 is amended by adding the following definitions:

“circle of supportive persons” means a group of individuals and entities that aims to support and improve the well-being of a First Nations, Inuk or Métis child; (“cercle de personnes de soutien”)

“prevention-focused Indigenous service provider” means an entity designated under subsection 73.1 (1); (“fournisseur, aux Autochtones, de services axés sur la prévention”)

2 The Act is amended by adding the following sections before Part V:

Prevention-focused Indigenous service provider

Designation

73.1  (1)  The Minister may designate an entity as a prevention-focused Indigenous service provider if the entity meets the prescribed requirements.

Functions

(2)  A prevention-focused Indigenous service provider may perform one or more of the following functions:

   1.  Providing prevention services, early intervention services or community-based support services to First Nations, Inuit and Métis children, young persons and families.

   2.  Facilitating access by First Nations, Inuit and Métis children and young persons to community programs and activities that respect and promote Indigenous languages, cultures and spirituality.

   3.  Providing guidance and support to First Nations, Inuit and Métis children and young persons in exercising their rights under Part II (Children’s and Young Persons’ Rights).

   4.  Providing services that strengthen the autonomy and integrity of the family units of First Nations, Inuit and Métis children and young persons and support family reunification for First Nations, Inuit and Métis children and young persons.

   5.  Providing services that support the physical, emotional, spiritual, mental and developmental needs of First Nations, Inuit and Métis children and young persons.

   6.  Providing services that enable and support the establishment of a circle of supportive persons for First Nations, Inuit and Métis children.

   7.  A prescribed function.

Society not designated

(3)  The Minister shall not designate a society as a prevention-focused Indigenous service provider.

Revocation of designation

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

List of prevention-focused Indigenous service providers

(5)  The Minister shall establish, in accordance with the regulations, and maintain a list of prevention-focused Indigenous service providers.

Public availability

(6)  The Minister shall make the list available to the public.

First Nations, Inuk or Métis child — complementary services

73.2  (1)  A society or prescribed service provider that is providing a service to a First Nations, Inuk or Métis child shall seek the following information and, in accordance with subsection (2), provide it to the child or a prescribed person, unless the child or prescribed person does not wish to receive the information:

   1.  Information about services provided by prevention-focused Indigenous service providers for which the child or prescribed person may be eligible.

   2.  Where applicable, information about services offered or recommended by the child’s bands or First Nations, Inuit and Métis communities.

Timing and manner

(2)  A society or prescribed service provider shall provide the information listed in subsection (1) in accordance with the regulations and the following rules:

   1.  The society shall provide the information at the time the society determines that the child is in need of protection and at the prescribed times and under the prescribed circumstances.

   2.  The prescribed service provider shall provide the information at the prescribed times and under the prescribed circumstances.

Referrals

(3)  If, after having been provided the information listed in subsection (1), the child or prescribed person wishes to receive any of the services set out in the information, the society or service provider shall take the prescribed steps to enable the child or prescribed person to receive those services.

Circles of supportive persons

73.3  In accordance with the regulations and at the prescribed times and under the prescribed circumstances, a society or prescribed service provider that is providing a service to a First Nations, Inuk or Métis child shall,

  (a)  if the child or a prescribed person so wishes, establish a circle of supportive persons for the child together, where possible, with their family; and

  (b)  consult with or take the prescribed action with respect to the circle of supportive persons.

3 Section 243 of the Act is amended by adding the following subsection:

Meaning of residential care

(2)  A person who is providing residential care, directly or indirectly, to a child is deemed not to be providing residential care for the purposes of this Part if,

  (a)  the child is being cared for under customary care;

  (b)  an agreement is in place that relates to the provision of customary care to the child and that meets the prescribed requirements;

  (c)  a band or First Nations, Inuit or Métis community of the child has issued a declaration, in accordance with the prescribed requirements, that the child is being cared for under customary care; and

  (d)  any additional prescribed conditions are met.

4 The Act is amended by adding the following section:

Exemption, customary care

247.1  Except as otherwise provided by the regulations, a licensee is exempt, in respect of a child being cared for under customary care as described in subsection 243 (2), from the requirements of this Part, the regulations and the directives that apply to licensees who hold a licence issued under this Part.

5 (1)  Paragraph 1 of subsection 342 (1) of the Act is amended by adding “a prevention-focused Indigenous service provider,” after “a First Nations, Inuit or Métis child and family service authority,”.

(2)  Subsection 342 (2) of the Act is amended by adding the following paragraphs:

   5.  prescribing the requirements that an entity must meet in order to be designated as a prevention-focused Indigenous service provider;

   6.  prescribing functions for the purposes of paragraph 7 of subsection 73.1 (2);

   7.  governing the process for establishing lists of prevention-focused Indigenous service providers;

   8.  prescribing persons and service providers for the purposes of subsection 73.2 (1);

   9.  governing the manner in which a society or prescribed service provider shall provide information, including prescribing times at which information must be provided and prescribing circumstances that give rise to the requirement to provide information, for the purposes of subsection 73.2 (2);

10.  prescribing the steps a society or service provider is required to take for the purposes of subsection 73.2 (3);

11.  prescribing persons, service providers, circumstances and times for the purposes of section 73.3;

12.  governing circles of supportive persons, including the process for establishing the circles, prescribing individuals and entities to be included in the circles and prescribing the actions that a society or prescribed service provider is required to take with respect to circles of supportive persons.

6 Subsection 347 (1) of the Act is amended by adding the following paragraphs:

2.1  governing the provision of customary care as described in subsection 243 (2), including,

           i.  prescribing standards and procedures that persons or entities, including societies, must follow when placing a child in customary care or supervising a child receiving customary care,

          ii.  establishing, for the purposes of clause 243 (2) (b), requirements for an agreement relating to the provision of customary care, including prescribing the persons or entities that must be a party to the agreement, prescribing specific terms of such an agreement or providing that it be prepared using a specific form,

         iii.  prescribing requirements for declarations issued by a band or a First Nations, Inuit or Métis community for the purposes of clause 243 (2) (c), including prescribing specific content that a declaration must include or providing that it be prepared using a specific form,

         iv.  prescribing conditions for the purposes of clause 243 (2) (d);

.     .     .     .     .

3.1  providing that the exemption set out in section 247.1 does not apply to prescribed categories of licensees;

Commencement

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

 

SCHEDULE 4
FISCAL SUSTAINABILITY, TRANSPARENCY AND ACCOUNTABILITY ACT, 2019

1 Section 4 of the Fiscal Sustainability, Transparency and Accountability Act, 2019 is amended by adding the following subsection:

Exception, 2022-2023 fiscal year

(3)  The March 31 deadline in subsection (1) does not apply for a budget in respect of the 2022-2023 fiscal year and instead the deadline for the Minister to lay before the Legislative Assembly and release a budget in respect of that fiscal year is April 30, 2022.

Commencement

2 This Schedule comes into force on the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent, or if the Fewer Fees, Better Services Act, 2022 receives Royal Assent after March 30, 2022, this Schedule is deemed to have come into force on that date.

 

SCHEDULE 5
HIGHWAY 407 EAST ACT, 2012

1 The definition of “Highway 407 East” in subsection 1 (1) of the Highway 407 East Act, 2012 is repealed and the following substituted:

“Highway 407 East” means the highway between the easterly end of Highway 407, as defined in the Highway 407 Act, 1998, and Highway 35/115 and improvements and fixtures on the highway; (“autoroute 407 Est”)

Commencement

2 This Schedule comes into force on June 1, 2023.

 

SCHEDULE 6
HIGHWAY TRAFFIC ACT

1 (1)  Section 7 of the Highway Traffic Act is amended by adding the following subsections:

Refund or waiver of validation fees

(19)  The Minister may refund or waive prescribed fees for the validation of permits that were paid or payable in respect of any part of a validation period that occurs on or after March 1, 2020.

Erroneous refund

(20)  If the Minister determines that any person who has received a refund under subsection (19) is not entitled to the refund, the Minister may require the return of the amount of the refund and the amount shall be treated as a debt due to the Crown.

(2)  Subsection 7 (24) of the Act is amended by adding the following clause:

  (p)  governing the refund or waiver of fees under subsection (19), including,

         (i)  prescribing classes of persons eligible for a refund or waiver of fees, and

        (ii)  prescribing a date after which no refunds shall be made.

Commencement

2 This Schedule comes into force on the later of March 13, 2022 and the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

 

SCHEDULE 7
THE LAURENTIAN UNIVERSITY OF SUDBURY ACT, 1960

1 Section 2 of The Laurentian University of Sudbury Act, 1960 is repealed and the following substituted:

University continued

2 (1)  The University is continued as a corporation without share capital under the name Laurentian University of Sudbury and shall consist of the members of its Board.

Conflict

(2)  In the event of a conflict between a provision of this Act and a provision of the Not-for-Profit Corporations Act, 2010, this Act prevails.

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

Board of Governors

13 The Board shall consist of,

  (a)  10 members elected by the members of the Board;

  (b)  five members appointed by the Lieutenant Governor in Council; and

  (c)  the President of the University, who shall be a member by virtue of office.

Existing elected members continue

13.1  (1)  Subject to subsection (3), any person who was an elected member of the Board immediately before the day section 2 of Schedule 7 to the Fewer Fees, Better Services Act, 2022 came into force shall continue as a member of the Board elected under clause 13 (a) until the expiration of the term for which they were elected or until the office otherwise becomes vacant.

Existing appointed members continue

(2)  Any person who was a member of the Board appointed by the Lieutenant Governor in Council immediately before the day section 2 of Schedule 7 to the Fewer Fees, Better Services Act, 2022 came into force shall continue as a member of the Board appointed under clause 13 (b) until the expiration of the term for which they were appointed or until the office otherwise becomes vacant.

Limit on elected members

(3)  If there are more than 10 elected members of the Board immediately before the day section 2 of Schedule 7 to the Fewer Fees, Better Services Act, 2022 came into force, within 30 days after that section comes into force the Board shall adopt a resolution that identifies the 10 members who shall continue as members under subsection (1) and the remaining members shall cease to hold office.

By-laws

(4)  The Board shall, within 30 days after the day section 2 of Schedule 7 to the Fewer Fees, Better Services Act, 2022 comes into force, amend its by-laws as necessary to be consistent with section 13 of this Act.

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

  (a)  the members of the Board elected by the Board shall hold office for a period of three years;

4 Section 16 of the Act is repealed and the following substituted:

Vacancies, members elected by the Board

16 (1)  If a vacancy occurs on the Board from among the members elected by the Board before the term of office of the member has expired, the Board shall elect a person to fill the vacancy for the remainder of the unexpired term of the person whose membership is vacant.

Vacancies, Lieutenant Governor in Council appointments

(2)  If a vacancy occurs on the Board from among the members appointed by the Lieutenant Governor in Council before the term of office of the member has expired, the Lieutenant Governor in Council shall,

  (a)  appoint a person to fill the vacancy for the remainder of the unexpired term of the person whose membership is vacant; or

  (b)  appoint a successor in accordance with clause 14 (b).

Commencement

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

 

SCHEDULE 8
LICENCE APPEAL TRIBUNAL ACT, 1999

1 Subsection 11 (1) of the Licence Appeal Tribunal Act, 1999 is amended by adding the following:

Towing and Storage Safety and Enforcement Act, 2021

Commencement

2 This Schedule comes into force on the later of the day subsection 9 (1) of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force and the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

 

SCHEDULE 9
LIQUOR LICENCE AND CONTROL ACT, 2019

1 (1)  The definition of “inspector” in subsection 1 (1) of the Liquor Licence and Control Act, 2019 is amended by adding “and, except in subsection 54 (1) or as provided by subsection 55 (1.2), includes a person who is acting under the authority of subsection 55 (1.1)” at the end.

(2)  The definition of “investigator” in subsection 1 (1) of the Act is amended by adding “and, except in subsection 56 (1), includes a person who is acting under the authority of subsection 56 (4)” at the end.

2 The heading before section 54 of the Act is repealed and the following substituted:

Inspections

3 Subsection 54 (2) of the Act is repealed and the following substituted:

Certificate

(2)  A person designated under subsection (1) who is acting as an inspector shall, on request, produce the certificate of designation.

4 (1)  Subsection 55 (1) of the Act is amended by striking out “an inspector” in the portion before clause (a) and substituting “a person designated as an inspector”.

(2)  Section 55 of the Act is amended by adding the following subsections:

Police officer powers

(1.1)  Every police officer has the powers set out in clauses (1) (a), (b), (d) and (f).

Same, limitations

(1.2)  Subsections (2), (5), (6) and (6.1) do not apply with respect to inspections conducted by a person under subsection (1.1).

5 The heading before section 56 of the Act is repealed and the following substituted:

Investigations

6 Subsections 56 (2) and (3) of the Act are repealed and the following substituted:

Certificate

(2)  The Registrar shall issue a certificate of appointment to every person appointed under subsection (1).

Proof of appointment

(3)  A person appointed under subsection (1) who is acting as an investigator shall, on request, produce the certificate of appointment.

Police officer powers

(4)  Every police officer has the powers of an investigator set out in sections 57, 58 and 60.

Commencement

7 This Schedule comes into force on the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

 

SCHEDULE 10
MINING ACT

1 Clause 139.0.1 (6) (a) of the Mining Act is amended by striking out “of the related excavation” and substituting “of any related consultation with Aboriginal communities and the related excavation”.

2 The English version of subsection 139.2 (4.1) of the Act is amended by striking out “Aboriginal community consultation” and substituting “consultation with Aboriginal communities”.

3 Clause 170.1 (1) (b) of the Act is repealed and the following substituted:

  (b)  under paragraph 3 of subsection 140 (1) or paragraph 3 of subsection 141 (1); and

Commencement

4 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

(2)  Section 1 comes into force on the later of the day section 5 of Schedule 12 of the Supporting People and Businesses Act, 2021 comes into force and the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

 

SCHEDULE 11
MINISTRY OF INFRASTRUCTURE ACT, 2011

1 The Ministry of Infrastructure Act, 2011 is amended by adding the following section:

Centre of realty excellence

9.1  The Minister shall establish, within the ministry, a centre of realty excellence to carry out the following functions:

   1.  Develop and implement a co-ordinated and consistent approach to,

           i.  identifying and putting back into productive use Government property that is underutilized, and

          ii.  identifying and disposing of Government property that is no longer required for the use or purposes of the Government.

   2.  Ensure that, to the extent possible, Government property is utilized in a manner that is aligned with the recommendations regarding priorities for Government property made under clause 7 (1) (e).

   3.  Such other functions related to Government property as the Minister may direct.

Commencement

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

Bill 84 Original (PDF)

EXPLANATORY NOTE

SCHEDULE 1
AT YOUR SERVICE ACT, 2022

The Schedule enacts the At Your Service Act, 2022. The Act provides that Ministries and prescribed entities shall comply with any service standards that apply to them under the Act. If a service standard is a guaranteed service standard, a refund or compensation may be payable for a failure to comply with the service standard.

SCHEDULE 2
BUILDING ONTARIO BUSINESSES INITIATIVE ACT, 2022

The Schedule enacts the Building Ontario Businesses Initiative Act, 2022. The Act requires public sector entities, as defined in the Act, to give Ontario businesses preference when conducting procurement processes for goods and services under a specified threshold amount. The Lieutenant Governor in Council is given regulation-making authority to determine the details of the requirement, including which businesses are considered to be Ontario businesses, how those businesses are to be given preference, and which goods and services are affected and under what threshold amount.

SCHEDULE 3
CHILD, YOUTH AND FAMILY SERVICES ACT, 2017

The Schedule amends the Child, Youth and Family Services Act, 2017 by adding sections 73.1 to 73.3 and by adding two definitions.

New section 73.1 provides the Minister with the authority to designate entities as prevention-focused Indigenous service providers and sets out their functions. Subsections 73.1 (5) and (6) require the Minister to establish a list of prevention-focused Indigenous service providers and make the list available to the public.

New section 73.2 establishes requirements for societies and prescribed service providers to seek certain information about available services. Societies and prescribed service providers are also required to provide this information to certain First Nations, Inuit and Métis children and prescribed persons and to take prescribed steps to enable those children or prescribed persons to receive any of the services set out in the information they received.

New section 73.3 requires societies and prescribed service providers to establish circles of supportive persons for First Nations, Inuit and Métis children and prescribed persons who so wish. A circle of supportive persons is defined as a group of individuals and entities that aims to support and improve the well-being of a First Nations, Inuk or Métis child.

The Schedule also makes amendments to Part IX (Residential Licensing) of the Act. Section 243 of the Act is amended to deem the provision of customary care in specified circumstances to not constitute the provision of residential care for the purposes of Part IX. A new section 247.1 is added, which provides for an exemption, in respect of children being cared for under customary care in those circumstances, from requirements that apply to licensees that hold a licence issued under Part IX.

Sections 342 and 347 of the Act are also amended to provide for related regulation-making powers.

SCHEDULE 4
FISCAL SUSTAINABILITY, TRANSPARENCY AND ACCOUNTABILITY ACT, 2019

Section 4 of the Fiscal Sustainability, Transparency and Accountability Act, 2019 is amended to provide that the deadline for the release of the budget in respect of the 2022-2023 fiscal year is April 30, 2022.

SCHEDULE 5
HIGHWAY 407 EAST ACT, 2012

The Schedule repeals and replaces the definition of “Highway 407 East” in subsection 1 (1) of the Highway 407 East Act, 2012.

SCHEDULE 6
HIGHWAY TRAFFIC ACT

The Schedule amends the Highway Traffic Act to give the Minister the authority to refund or waive fees for the validation of vehicle permits that were paid or payable in respect of any part of a validation period that occurs on or after March 1, 2020.

SCHEDULE 7
THE LAURENTIAN UNIVERSITY OF SUDBURY ACT, 1960

The Schedule amends The Laurentian University of Sudbury Act, 1960. Sections 2 and 13 are re-enacted to reduce the size of the Board of Governors of the University to 16 members, and other related amendments are made.

SCHEDULE 8
LICENCE APPEAL TRIBUNAL ACT, 1999

The Licence Appeal Tribunal Act, 1999 provides that a party to a proceeding before the Tribunal relating to a matter under any of the listed Acts may appeal from the Tribunal’s decision or order to the Divisional Court. The Act is amended to add the Towing and Storage Safety and Enforcement Act, 2021 to the list of Acts.

SCHEDULE 9
LIQUOR LICENCE AND CONTROL ACT, 2019

The Schedule amends the Liquor Licence and Control Act, 2019 to provide that, in addition to having investigation powers under the Act, police officers may also exercise specified inspection powers under the Act. Complementary amendments are made to various provisions of the Act.

SCHEDULE 10
MINING ACT

The Schedule makes three housekeeping amendments to the Mining Act.

SCHEDULE 11
MINISTRY OF INFRASTRUCTURE ACT, 2011

The Minister of Infrastructure Act, 2011 is amended to require the Minister to establish a centre of realty excellence to carry out certain functions with respect to use and disposal of government property.

Bill 84 2022

An Act to enact two Acts and amend various other Acts

CONTENTS

1.

Contents of this Act

2.

Commencement

3.

Short title

Schedule 1

At Your Service Act, 2022

Schedule 2

Building Ontario Businesses Initiative Act, 2022

Schedule 3

Child, Youth and Family Services Act, 2017

Schedule 4

Fiscal Sustainability, Transparency and Accountability Act, 2019

Schedule 5

Highway 407 East Act, 2012

Schedule 6

Highway Traffic Act

Schedule 7

The Laurentian University of Sudbury Act, 1960

Schedule 8

Licence Appeal Tribunal Act, 1999

Schedule 9

Liquor Licence and Control Act, 2019

Schedule 10

Mining Act

Schedule 11

Ministry of Infrastructure Act, 2011

 

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)  Except as otherwise provided in this section, 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 Fewer Fees, Better Services Act, 2022.

SCHEDULE 1
AT YOUR SERVICE ACT, 2022

Preamble

Ontario is committed to reducing administrative burdens for those seeking permits, licences, information or any other type of government approval and improving the overall experience for the user by making it easier to access required information and services.

Ontario is dedicated to increasing predictability and keeping government accountable.

Definitions

1 In this Act,

“guaranteed service standard” means a service standard that meets the prescribed criteria to be a guaranteed service standard; (“norme de service garanti”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“service standard” means a standard established by a ministry or prescribed entity that,

  (a)  establishes a maximum time period within which the ministry or prescribed entity undertakes to,

           (i)  respond to a request or application for a permit, licence, information or any other type of approval, or

          (ii)  make any other decision or perform any other service, and

  (b)  meets the prescribed criteria. (“norme de service”)

Compliance with service standards

2 (1)  A ministry or prescribed entity to which a service standard applies shall comply with the service standard.

Same

(2)  A ministry or prescribed entity shall comply with any prescribed requirements respecting the establishment of service standards and respecting the publication of service standards and reports respecting their compliance with service standards.

Guaranteed service standards

3 (1)  If a ministry or prescribed entity fails to comply with a guaranteed service standard and a regulation made under this Act provides that a refund or compensation is available in respect of such non-compliance, the minister of the ministry, or the prescribed entity, as the case may be, shall pay the refund or compensation.

Amount of compensation

(2)  Compensation paid under subsection (1) shall not exceed the amount of the fee, if any, that was payable in respect of the permit, licence, information, approval, decision or service.

Reporting

4 The Government of Ontario shall regularly give public reports on,

  (a)  whether ministries and prescribed entities are in compliance with any service standards applicable to them; and

  (b)  the amount of money paid out under section 3.

Business Service Standard

5 (1)  The Minister of Economic Development, Job Creation and Trade shall make available to the public a list titled “Business Service Standard” that identifies the service standards that meet the prescribed requirements and which of those service standards are guaranteed service standards as defined in this Act.

Publication

(2)  The Minister shall ensure the list is published on a Government of Ontario website or in such other manner as the Minister considers advisable.

Immunity

6 (1)  No action or other proceeding shall be commenced against the Crown or a prescribed entity with respect to anything done or omitted to be done, or purported to be done or omitted to be done, under this Act.

Same

(2)  No person is entitled to any refund or compensation, other than as provided for under section 3, or any other remedy or relief for failure to meet requirements under this Act.

Regulations

7 The Lieutenant Governor in Council may make regulations,

  (a)  prescribing anything that is referred to in this Act as being prescribed;

  (b)  prescribing criteria that must be met for a service standard to be a guaranteed service standard;

   (c)  requiring ministries or prescribed entities to establish service standards and prescribing rules governing the service standards;

  (d)  requiring ministries or prescribed entities to publish service standards and reports respecting their compliance with the service standards, and governing such publication;

  (e)  providing that a refund or compensation is available where a ministry or prescribed entity fails to comply with a guaranteed service standard and governing the provision of such refund or compensation, including prescribing conditions for eligibility for a refund or compensation and specifying procedures for requesting a refund or compensation;

   (f)  governing the contents and publication of the Business Service Standard list referred to in section 5.

Commencement

8 The Act set out in this Schedule comes into force on the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

Short title

9 The short title of the Act set out in this Schedule is the At Your Service Act, 2022.

SCHEDULE 2
BUILDING ONTARIO BUSINESSES INITIATIVE ACT, 2022

Purpose

1 The purpose of this Act is to contribute to the growth of Ontario businesses by providing for circumstances in which public sector entities are required to give those businesses preference when conducting procurement processes for goods and services under a specified threshold amount.

Definitions

2 In this Act,

“prescribed” means prescribed by the regulations; (“prescrit”)

“public sector entity” means,

  (a)  a government entity as defined in the Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019, and

  (b)  a designated broader public sector organization as defined in the Broader Public Sector Accountability Act, 2010; (“entité du secteur public”)

“regulations” means the regulations made under this Act. (“règlements”)

Requirement to give preference to Ontario businesses

3 A public sector entity shall give preference to Ontario businesses, in accordance with the regulations, when conducting a procurement process for prescribed goods and services the value of which are under the prescribed threshold amount.

Deemed part of agreement

4 Every requirement under this Act of a public sector entity that is a designated broader public sector organization is deemed to be a requirement with which it must comply under the terms of every agreement or other funding arrangement between itself and the Crown in right of Ontario or an agency of the Crown in right of Ontario.

Conflict

5 For greater certainty, in the event of a conflict between a requirement under this Act and a directive made by the Management Board of Cabinet, the requirement under this Act prevails.

Regulations

6 The Lieutenant Governor in Council may make regulations for carrying out the purpose and provisions of this Act, including regulations,

  (a)  governing when a business is considered to be an Ontario business for the purpose of this Act;

  (b)  for the purpose of section 3,

           (i)  prescribing goods and services,

          (ii)  providing for and governing threshold amounts for prescribed goods and services, including providing for different amounts for different goods and services or with respect to different public sector entities,

         (iii)  specifying and governing the manner in which preference shall be given to Ontario businesses in procurement processes;

   (c)  exempting a procurement process or public sector entity from a requirement under this Act, subject to any conditions that the regulations may specify;

  (d)  governing any transitional matters that may arise in connection with the application of this Act or the regulations.

Commencement

7 The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

8 The short title of the Act set out in this Schedule is the Building Ontario Businesses Initiative Act, 2022.

SCHEDULE 3
CHILD, YOUTH AND FAMILY SERVICES ACT, 2017

1 Subsection 2 (1) of the Child, Youth and Family Services Act, 2017 is amended by adding the following definitions:

“circle of supportive persons” means a group of individuals and entities that aims to support and improve the well-being of a First Nations, Inuk or Métis child; (“cercle de personnes de soutien”)

“prevention-focused Indigenous service provider” means an entity designated under subsection 73.1 (1); (“fournisseur, aux Autochtones, de services axés sur la prévention”)

2 The Act is amended by adding the following sections before Part V:

Prevention-focused Indigenous service provider

Designation

73.1  (1)  The Minister may designate an entity as a prevention-focused Indigenous service provider if the entity meets the prescribed requirements.

Functions

(2)  A prevention-focused Indigenous service provider may perform one or more of the following functions:

    1.  Providing prevention services, early intervention services or community-based support services to First Nations, Inuit and Métis children, young persons and families.

    2.  Facilitating access by First Nations, Inuit and Métis children and young persons to community programs and activities that respect and promote Indigenous languages, cultures and spirituality.

    3.  Providing guidance and support to First Nations, Inuit and Métis children and young persons in exercising their rights under Part II (Children’s and Young Persons’ Rights).

    4.  Providing services that strengthen the autonomy and integrity of the family units of First Nations, Inuit and Métis children and young persons and support family reunification for First Nations, Inuit and Métis children and young persons.

    5.  Providing services that support the physical, emotional, spiritual, mental and developmental needs of First Nations, Inuit and Métis children and young persons.

    6.  Providing services that enable and support the establishment of a circle of supportive persons for First Nations, Inuit and Métis children.

    7.  A prescribed function.

Society not designated

(3)  The Minister shall not designate a society as a prevention-focused Indigenous service provider.

Revocation of designation

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

List of prevention-focused Indigenous service providers

(5)  The Minister shall establish, in accordance with the regulations, and maintain a list of prevention-focused Indigenous service providers.

Public availability

(6)  The Minister shall make the list available to the public.

First Nations, Inuk or Métis child — complementary services

73.2  (1)  A society or prescribed service provider that is providing a service to a First Nations, Inuk or Métis child shall seek the following information and, in accordance with subsection (2), provide it to the child or a prescribed person, unless the child or prescribed person does not wish to receive the information:

    1.  Information about services provided by prevention-focused Indigenous service providers for which the child or prescribed person may be eligible.

    2.  Where applicable, information about services offered or recommended by the child’s bands or First Nations, Inuit and Métis communities.

Timing and manner

(2)  A society or prescribed service provider shall provide the information listed in subsection (1) in accordance with the regulations and the following rules:

    1.  The society shall provide the information at the time the society determines that the child is in need of protection and at the prescribed times and under the prescribed circumstances.

    2.  The prescribed service provider shall provide the information at the prescribed times and under the prescribed circumstances.

Referrals

(3)  If, after having been provided the information listed in subsection (1), the child or prescribed person wishes to receive any of the services set out in the information, the society or service provider shall take the prescribed steps to enable the child or prescribed person to receive those services.

Circles of supportive persons

73.3  In accordance with the regulations and at the prescribed times and under the prescribed circumstances, a society or prescribed service provider that is providing a service to a First Nations, Inuk or Métis child shall,

  (a)  if the child or a prescribed person so wishes, establish a circle of supportive persons for the child together, where possible, with their family; and

  (b)  consult with or take the prescribed action with respect to the circle of supportive persons.

3 Section 243 of the Act is amended by adding the following subsection:

Meaning of residential care

(2)  A person who is providing residential care, directly or indirectly, to a child is deemed not to be providing residential care for the purposes of this Part if,

  (a)  the child is being cared for under customary care;

  (b)  an agreement is in place that relates to the provision of customary care to the child and that meets the prescribed requirements;

   (c)  a band or First Nations, Inuit or Métis community of the child has issued a declaration, in accordance with the prescribed requirements, that the child is being cared for under customary care; and

  (d)  any additional prescribed conditions are met.

4 The Act is amended by adding the following section:

Exemption, customary care

247.1  Except as otherwise provided by the regulations, a licensee is exempt, in respect of a child being cared for under customary care as described in subsection 243 (2), from the requirements of this Part, the regulations and the directives that apply to licensees who hold a licence issued under this Part.

5 (1)  Paragraph 1 of subsection 342 (1) of the Act is amended by adding “a prevention-focused Indigenous service provider,” after “a First Nations, Inuit or Métis child and family service authority,”.

(2)  Subsection 342 (2) of the Act is amended by adding the following paragraphs:

    5.  prescribing the requirements that an entity must meet in order to be designated as a prevention-focused Indigenous service provider;

    6.  prescribing functions for the purposes of paragraph 7 of subsection 73.1 (2);

    7.  governing the process for establishing lists of prevention-focused Indigenous service providers;

    8.  prescribing persons and service providers for the purposes of subsection 73.2 (1);

    9.  governing the manner in which a society or prescribed service provider shall provide information, including prescribing times at which information must be provided and prescribing circumstances that give rise to the requirement to provide information, for the purposes of subsection 73.2 (2);

  10.  prescribing the steps a society or service provider is required to take for the purposes of subsection 73.2 (3);

  11.  prescribing persons, service providers, circumstances and times for the purposes of section 73.3;

  12.  governing circles of supportive persons, including the process for establishing the circles, prescribing individuals and entities to be included in the circles and prescribing the actions that a society or prescribed service provider is required to take with respect to circles of supportive persons.

6 Subsection 347 (1) of the Act is amended by adding the following paragraphs:

  2.1  governing the provision of customary care as described in subsection 243 (2), including,

            i.  prescribing standards and procedures that persons or entities, including societies, must follow when placing a child in customary care or supervising a child receiving customary care,

           ii.  establishing, for the purposes of clause 243 (2) (b), requirements for an agreement relating to the provision of customary care, including prescribing the persons or entities that must be a party to the agreement, prescribing specific terms of such an agreement or providing that it be prepared using a specific form,

          iii.  prescribing requirements for declarations issued by a band or a First Nations, Inuit or Métis community for the purposes of clause 243 (2) (c), including prescribing specific content that a declaration must include or providing that it be prepared using a specific form,

          iv.  prescribing conditions for the purposes of clause 243 (2) (d);

.     .     .     .     .

  3.1  providing that the exemption set out in section 247.1 does not apply to prescribed categories of licensees;

Commencement

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

SCHEDULE 4
FISCAL SUSTAINABILITY, TRANSPARENCY AND ACCOUNTABILITY ACT, 2019

1 Section 4 of the Fiscal Sustainability, Transparency and Accountability Act, 2019 is amended by adding the following subsection:

Exception, 2022-2023 fiscal year

(3)  The March 31 deadline in subsection (1) does not apply for a budget in respect of the 2022-2023 fiscal year and instead the deadline for the Minister to lay before the Legislative Assembly and release a budget in respect of that fiscal year is April 30, 2022.

Commencement

2 This Schedule comes into force on the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent, or if the Fewer Fees, Better Services Act, 2022 receives Royal Assent after March 30, 2022, this Schedule is deemed to have come into force on that date.

SCHEDULE 5
HIGHWAY 407 EAST ACT, 2012

1 The definition of “Highway 407 East” in subsection 1 (1) of the Highway 407 East Act, 2012 is repealed and the following substituted:

“Highway 407 East” means the highway between the easterly end of Highway 407, as defined in the Highway 407 Act, 1998, and Highway 35/115 and improvements and fixtures on the highway; (“autoroute 407 Est”)

Commencement

2 This Schedule comes into force on June 1, 2023.

SCHEDULE 6
HIGHWAY TRAFFIC ACT

1 (1)  Section 7 of the Highway Traffic Act is amended by adding the following subsections:

Refund or waiver of validation fees

(19)  The Minister may refund or waive prescribed fees for the validation of permits that were paid or payable in respect of any part of a validation period that occurs on or after March 1, 2020.

Erroneous refund

(20)  If the Minister determines that any person who has received a refund under subsection (19) is not entitled to the refund, the Minister may require the return of the amount of the refund and the amount shall be treated as a debt due to the Crown.

(2)  Subsection 7 (24) of the Act is amended by adding the following clause:

  (p)  governing the refund or waiver of fees under subsection (19), including,

           (i)  prescribing classes of persons eligible for a refund or waiver of fees, and

          (ii)  prescribing a date after which no refunds shall be made.

Commencement

2 This Schedule comes into force on the later of March 13, 2022 and the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

SCHEDULE 7
THE LAURENTIAN UNIVERSITY OF SUDBURY ACT, 1960

1 Section 2 of The Laurentian University of Sudbury Act, 1960 is repealed and the following substituted:

University continued

2 (1)  The University is continued as a corporation without share capital under the name Laurentian University of Sudbury and shall consist of the members of its Board.

Conflict

(2)  In the event of a conflict between a provision of this Act and a provision of the Not-for-Profit Corporations Act, 2010, this Act prevails.

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

Board of Governors

13 The Board shall consist of,

  (a)  10 members elected by the members of the Board;

  (b)  five members appointed by the Lieutenant Governor in Council; and

   (c)  the President of the University, who shall be a member by virtue of office.

Existing elected members continue

13.1  (1)  Subject to subsection (3), any person who was an elected member of the Board immediately before the day section 2 of Schedule 7 to the Fewer Fees, Better Services Act, 2022 came into force shall continue as a member of the Board elected under clause 13 (a) until the expiration of the term for which they were elected or until the office otherwise becomes vacant.

Existing appointed members continue

(2)  Any person who was a member of the Board appointed by the Lieutenant Governor in Council immediately before the day section 2 of Schedule 7 to the Fewer Fees, Better Services Act, 2022 came into force shall continue as a member of the Board appointed under clause 13 (b) until the expiration of the term for which they were appointed or until the office otherwise becomes vacant.

Limit on elected members

(3)  If there are more than 10 elected members of the Board immediately before the day section 2 of Schedule 7 to the Fewer Fees, Better Services Act, 2022 came into force, within 30 days after that section comes into force the Board shall adopt a resolution that identifies the 10 members who shall continue as members under subsection (1) and the remaining members shall cease to hold office.

By-laws

(4)  The Board shall, within 30 days after the day section 2 of Schedule 7 to the Fewer Fees, Better Services Act, 2022 comes into force, amend its by-laws as necessary to be consistent with section 13 of this Act.

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

  (a)  the members of the Board elected by the Board shall hold office for a period of three years;

4 Section 16 of the Act is repealed and the following substituted:

Vacancies, members elected by the Board

16 (1)  If a vacancy occurs on the Board from among the members elected by the Board before the term of office of the member has expired, the Board shall elect a person to fill the vacancy for the remainder of the unexpired term of the person whose membership is vacant.

Vacancies, Lieutenant Governor in Council appointments

(2)  If a vacancy occurs on the Board from among the members appointed by the Lieutenant Governor in Council before the term of office of the member has expired, the Lieutenant Governor in Council shall,

  (a)  appoint a person to fill the vacancy for the remainder of the unexpired term of the person whose membership is vacant; or

  (b)  appoint a successor in accordance with clause 14 (b).

Commencement

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

SCHEDULE 8
LICENCE APPEAL TRIBUNAL ACT, 1999

1 Subsection 11 (1) of the Licence Appeal Tribunal Act, 1999 is amended by adding the following:

Towing and Storage Safety and Enforcement Act, 2021

Commencement

2 This Schedule comes into force on the later of the day subsection 9 (1) of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force and the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

SCHEDULE 9
LIQUOR LICENCE AND CONTROL ACT, 2019

1 (1)  The definition of “inspector” in subsection 1 (1) of the Liquor Licence and Control Act, 2019 is amended by adding “and, except in subsection 54 (1) or as provided by subsection 55 (1.2), includes a person who is acting under the authority of subsection 55 (1.1)” at the end.

(2)  The definition of “investigator” in subsection 1 (1) of the Act is amended by adding “and, except in subsection 56 (1), includes a person who is acting under the authority of subsection 56 (4)” at the end.

2 The heading before section 54 of the Act is repealed and the following substituted:

Inspections

3 Subsection 54 (2) of the Act is repealed and the following substituted:

Certificate

(2)  A person designated under subsection (1) who is acting as an inspector shall, on request, produce the certificate of designation.

4 (1)  Subsection 55 (1) of the Act is amended by striking out “an inspector” in the portion before clause (a) and substituting “a person designated as an inspector”.

(2)  Section 55 of the Act is amended by adding the following subsections:

Police officer powers

(1.1)  Every police officer has the powers set out in clauses (1) (a), (b), (d) and (f).

Same, limitations

(1.2)  Subsections (2), (5), (6) and (6.1) do not apply with respect to inspections conducted by a person under subsection (1.1).

5 The heading before section 56 of the Act is repealed and the following substituted:

Investigations

6 Subsections 56 (2) and (3) of the Act are repealed and the following substituted:

Certificate

(2)  The Registrar shall issue a certificate of appointment to every person appointed under subsection (1).

Proof of appointment

(3)  A person appointed under subsection (1) who is acting as an investigator shall, on request, produce the certificate of appointment.

Police officer powers

(4)  Every police officer has the powers of an investigator set out in sections 57, 58 and 60.

Commencement

7 This Schedule comes into force on the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

SCHEDULE 10
MINING ACT

1 Clause 139.0.1 (6) (a) of the Mining Act is amended by striking out “of the related excavation” and substituting “of any related consultation with Aboriginal communities and the related excavation”.

2 The English version of subsection 139.2 (4.1) of the Act is amended by striking out “Aboriginal community consultation” and substituting “consultation with Aboriginal communities”.

3 Clause 170.1 (1) (b) of the Act is repealed and the following substituted:

  (b)  under paragraph 3 of subsection 140 (1) or paragraph 3 of subsection 141 (1); and

Commencement

4 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

(2)  Section 1 comes into force on the later of the day section 5 of Schedule 12 of the Supporting People and Businesses Act, 2021 comes into force and the day the Fewer Fees, Better Services Act, 2022 receives Royal Assent.

SCHEDULE 11
MINISTRY OF INFRASTRUCTURE ACT, 2011

1 The Ministry of Infrastructure Act, 2011 is amended by adding the following section:

Centre of realty excellence

9.1  The Minister shall establish, within the ministry, a centre of realty excellence to carry out the following functions:

    1.  Develop and implement a co-ordinated and consistent approach to,

            i.  identifying and putting back into productive use Government property that is underutilized, and

           ii.  identifying and disposing of Government property that is no longer required for the use or purposes of the Government.

    2.  Ensure that, to the extent possible, Government property is utilized in a manner that is aligned with the recommendations regarding priorities for Government property made under clause 7 (1) (e).

    3.  Such other functions related to Government property as the Minister may direct.

Commencement

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