EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 157 and does not form part of the law.
Bill 157 has been enacted as Chapter 2 of the Statutes of Ontario, 2024.

SCHEDULE 1
ARCHITECTS ACT

The Schedule amends the Architects Act to establish a limited licence to engage in the practice of architecture. Conditions of a limited licence would be set out by regulations made under the Act. Consequential amendments are made throughout the Act, and to two other Acts, to reflect the addition of limited licences. These include the addition of an offence respecting the use of the title “Licensed Technologist” by a person who is not the holder of a limited licence or certificate of practice.

A number of housekeeping amendments are also made to the Act.

SCHEDULE 2
CANNABIS CONTROL ACT, 2017

The Schedule amends the Cannabis Control Act, 2017.

The Act is amended to prohibit the cultivation, propagation or harvesting of cannabis in dwellings in which child care, as defined in the Child Care and Early Years Act, 2014, is provided. An exception is provided for in-home services.

Currently, section 26 of the Act authorizes the Minister to enter into arrangements and agreements with a council of the band with respect to certain cannabis regulation issues on a reserve. Subsection 26 (3) is re-enacted to authorize the Lieutenant Governor in Council to make regulations to implement the arrangement or agreement. These regulations may modify or clarify the application of the Act, establish requirements that apply on a reserve and incorporate rules established by the council of the band. These regulations are subject to certain limits related to section 69 of the Cannabis Act (Canada).

SCHEDULE 3
CANNABIS LICENCE ACT, 2018

The Schedule amends the Cannabis Licence Act, 2018.

Currently, section 44 of the Act authorizes the Minister to enter into arrangements and agreements with a council of the band with respect to certain cannabis regulation issues on a reserve. Subsection 44 (1) is re-enacted to state that it applies to arrangements or agreements with respect to the sale of cannabis on a reserve. New subsection 44 (3) is added to authorize the Lieutenant Governor in Council to make regulations to implement the arrangement or agreement. These regulations may modify or clarify the application of the Act, establish requirements that apply on a reserve and incorporate rules established by the council of the band.

SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019

The Community Safety and Policing Act, 2019 is amended to change the French version of the term “special constable” from “agent spécial” to “constable spécial”. Related amendments are made to several other Acts.

Section 207 of the Act is amended to provide that certain disciplinary measures shall be expunged from a police officer’s employment record two years after they were imposed, instead of five years. The section is amended to only allow the extension of the retention period for disciplinary measures described in paragraph 1 or 3 of subsection 200 (1). Applications to the Commission Chair under that section must be made within the prescribed period. The Commission Chair is required to appoint an adjudicator within 30 days after the application is received, except in exceptional circumstances.

Section 220 of the Act is amended to repeal paragraph 5 of subsection 220 (1), which would apply the restriction in subsection 220 (2) to persons employed in a confidential capacity in relation to labour relations. The restriction in subsection 220 (2) is amended to apply only to positions that would likely give rise to a conflict of interest in engaging in or assisting with collective bargaining.

Section 262 of the Act, which sets out a consultation process for certain regulations, is repealed.

SCHEDULE 5
CORONERS ACT

The Schedule amends the Coroners Act.

Currently, subsection 10 (5) of the Act requires that an inquest be performed whenever a worker dies as a result of an accident occurring in the course of the worker’s employment at or in a mining plant, mine or construction project. This subsection is replaced with new requirements requiring notification of a coroner when a person in charge has reason to believe a worker died in the course of their employment at those sites. Inquests are mandatory for deaths at or in mining plants or mines. In the case of deaths at or in construction projects, the coroner shall investigate the circumstances of the death and determine whether an inquest ought to be held. A procedure for requesting an inquest in the case of a death at or in a construction project is set out.

New section 10.2 requires an annual review of all worker deaths in the previous calendar year resulting from an accident occurring in the course of the worker’s employment at or in a construction project. This includes a review of each of the deaths that occurred, a systemic examination of all such deaths and the development of recommendations to prevent further deaths. The Chief Coroner may assign the review of deaths to multiple coroners and may assign them at different times of the year. The Chief Coroner may also personally conduct a review. The Chief Coroner shall publish the reports from these reviews on a website of the Government of Ontario in accordance with the regulations.

SCHEDULE 6
COURTS OF JUSTICE ACT

The Schedule amends the Courts of Justice Act.

Clause 43 (9) (a) of the Act is amended so that the Judicial Appointments Advisory Committee is no longer required to include statistics on the cultural identity of candidates for appointment as provincial judges in its annual report.

Subsection 65 (2) of the Act is amended to change the composition of the Civil Rules Committee by removing the Chief Justice of the Ontario Court of Justice or their designate as a member and adding one associate judge appointed by the Chief Justice of the Superior Court of Justice. Consequential amendments are made to section 65.

Sections 65 and 67 of the Act are amended to add a new confidentiality obligation in relation to information or records held by the Ministry of the Attorney General that relate to the business of the Civil Rules Committee and the Family Rules Committee.

A new section 83 is added for the purposes of subsection 41 (1) of the Judges Act (Canada) to provide express authority for judges to attend meetings, conferences or seminars held for a purpose relating to the administration of justice.

Section 123 of the Act is amended to provide continuing jurisdiction for judges of the Ontario Court of Justice who are appointed to another court while presiding over certain hearings under the Child, Youth and Family Services Act, 2017, so that the hearings can be completed before the same judge despite the appointment.

Section 140 of the Act is amended to allow judges of both the Superior Court of Justice and the Court of Appeal to make orders related to vexatious proceedings. These orders may be made on the judge’s own initiative or on motion or application by any person. The rules for appeals and reviews of these orders are set out.

SCHEDULE 7
EVIDENCE ACT

The Evidence Act is amended by adding a new section that provides that the sharing of information between public sector bodies on a confidential basis does not affect or constitute a waiver of any privilege that applies with respect to the information.

SCHEDULE 8
EXECUTION ACT

The Execution Act is amended with respect to the electronic database maintained by the sheriff as the index of writs of execution.  The amendments include the imposition of additional requirements on the sheriff with respect to maintenance of the index.  For example, the sheriff is required to update the names of execution debtors as directed by the court.

The Act is also amended to provide that where a question arises in relation to the measures to be taken by a sheriff or any person assisting the sheriff in carrying out a writ of possession, the sheriff or any interested person may apply to a judge of the Superior Court of Justice for directions.

SCHEDULE 9
FAMILY LAW ACT

The Schedule amends the Family Law Act to provide express authority for the regulations establishing child support guidelines under the Act to do so by incorporating by reference the Federal Child Support Guidelines made under the Divorce Act (Canada).

SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997

The Fire Protection and Prevention Act, 1997 is amended to add a new section respecting administrative penalties. This new section authorizes prescribed authorized persons to make orders imposing administrative penalties on persons who have contravened prescribed provisions of the Act or the regulations. The new section also sets out a process for applying for review of these penalties, and various enforcement provisions.

The Lieutenant Governor in Council is given related regulation-making authorities.

SCHEDULE 11
JURIES ACT

The Schedule amends the Juries Act.

Subsection 5 (2) of the Act provides that the local sheriff is required to determine the number of persons in a jury area who need to be mailed a jury questionnaire or instructions on how to access one. Section 5 of the Act is amended to provide that the determination is to be made by the Jury Sheriff instead, but that the local sheriff may make recommendations to the Jury Sheriff respecting the determination.

Section 17 of the Act is amended to provide that the period by which a jury summons notice must be provided to a person does not apply if the Jury Sheriff determines that it is impossible or unreasonably difficult to comply with the timing requirement.

SCHEDULE 12
JUSTICES OF THE PEACE ACT

Clause 2.1 (13) (a) of the Justices of the Peace Act is amended so that the Justices of the Peace Appointments Advisory Committee is no longer required to include statistics on the cultural identity of candidates for appointment as justices of the peace in its annual report.

SCHEDULE 13
LAND TITLES ACT

The Land Titles Act is amended to remove obligations currently imposed under the Act on a sheriff to whom a writ of execution, a renewal of a writ of execution or a certificate of lien under the Bail Act is directed.  A consequential amendment to the Bail Act is also made.

SCHEDULE 14
LAW SOCIETY ACT

Subsection 51 (6) of the Law Society Act is re-enacted to provide that a person who has suffered a loss from an act of dishonesty on the part of a licensee and who wishes to receive a grant from the Compensation Fund must provide notice in writing of their loss to the Law Society within two years.

SCHEDULE 15
LEGISLATION ACT, 2006

The Schedule makes various amendments to the Legislation Act, 2006.

The commencement provisions of Acts may provide for provisions to come into force on a day to be named by proclamation of the Lieutenant Governor. These proclamations are issued pursuant to an order made by the Lieutenant Governor in Council.

Currently, the Act sets out rules that apply to these proclamations. The Schedule recreates and adapts these rules to provide for the Lieutenant Governor in Council making orders that name a day on which provisions of an Act come into force, without any need for an associated proclamation. These orders must be published on the e-Laws website promptly after they are made.

A new transition section allows these orders to be made for any provisions of an Act that are to come into force on a day to be named by proclamation. The section also provides for the continued validity of certain proclamations.

The Schedule also amends the Act respecting the commencement of regulations made under Acts. A deemed commencement rule is added to section 23 for regulations, corresponding with subsection 8 (2) for Acts. As well, a new section 23.1 is added to permit powers conferred by a regulation to be exercised before the regulation comes into force (but without effect for the most part). The new section corresponds with section 10 for Acts.

Clause 51 (1) (c) of the Act provides for an interpretive presumption that the repeal of an Act or revocation of a regulation does not affect an offence committed against the Act or regulation before its repeal or revocation, or any related penalty, forfeiture or punishment. The clause is re-enacted so that it applies with respect to any contraventions of an Act or regulation in addition to offences.

Finally, the Schedule makes various housekeeping amendments to the Act, including replacing descriptions of a date with the actual date and repealing a spent provision.

SCHEDULE 16
PROVINCIAL OFFENCES ACT

The Schedule amends sections 5 and 5.1 of the Provincial Offences Act with respect to how a defendant who is served with an offence notice may give notice of an intention to appear in court for the purpose of entering a plea and having a trial (section 5) or request a meeting with the prosecutor to discuss the resolution of the offence (section 5.1).

SCHEDULE 17
PUBLIC OFFICERS ACT

The Schedule repeals obsolete provisions of the Public Officers Act and of Acts that refer to the Public Officers Act.

SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995

Section 3 of the Victims’ Bill of Rights, 1995 establishes a cause of action permitting victims of crimes that are prescribed by the regulations to sue for emotional distress and related bodily harm arising from those crimes. Subsection 3 (2) of the Act is amended to add to the list of victims who are presumed to have suffered emotional distress.

Several amendments are made to the French version of the Act to update terminology.

SCHEDULE 19
REFERENCES TO THE CROWN

The Schedule amends various Acts respecting references to the Crown. In addition to making a number of amendments directly, the Schedule amends the Legislation Act, 2006 to add a new change power permitting non-substantive changes to be made to Ontario Acts and regulations, without the need for amendment, in order to reflect a change of reigning sovereign or to otherwise change the terminology used to refer to the Crown in accordance with Ontario drafting practices.

The Schedule makes other related changes, including,

  (a)  amending the Ministry of Government Services Act to change the name of the government printer from the Queen’s Printer for Ontario to the King’s Printer for Ontario, and making the necessary consequential amendments to other Acts; and

  (b)  amending the Barristers Act to change the title of Queen’s Counsel to King’s Counsel.

Bill 157 2024

An Act to amend various Acts in relation to the courts and other justice matters

CONTENTS

 

 

His 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 Enhancing Access to Justice Act, 2024.

SCHEDULE 1
ARCHITECTS ACT

1 (1)  Section 1 of the Architects Act is amended by adding the following definition:

“limited licence” means a limited licence to engage in the practice of architecture issued under this Act; (“permis restreint”)

(2)  The definition of “Minister” in section 1 of the Act is repealed and the following substituted:

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

2 (1)  Subsection 5 (1) of the Act is amended by striking out “Every person licensed by the Association” at the beginning and substituting “Every holder of a licence or limited licence”.

(2)  Subsection 5 (2) of the Act is amended by adding “or limited licence” after “licence”.

3 (1)  Paragraph 9 of subsection 7 (1) of the Act is repealed and the following substituted:

   9.  respecting any matter ancillary to the provisions of this Act with regard to the issuing, suspension and revocation of licences, limited licences, certificates of practice and temporary licences, and the requirements and qualifications for any of them, including but not limited to regulations,

          i.  respecting the scope, standards and conduct of any examination set or approved by the Council as a requirement for a licence or limited licence,

         ii.  respecting the curricula and standards of professional training programs and courses of study offered by the Council,

         iii.  respecting the academic, experience and other requirements for admission into professional training programs and courses of study,

        iv.  respecting the academic and experience requirements for the issuance of a licence or limited licence, and

         v.  establishing classes of licence and limited licence;

(2)  Paragraphs 10 and 11 of subsection 7 (1) of the Act are repealed and the following substituted:

10.  prescribing terms and conditions of licences, limited licences, certificates of practice and temporary licences;

(3)  Paragraph 13 of subsection 7 (1) of the Act is amended by striking out “and prescribing and requiring the use of forms of such returns” at the end and substituting “and governing the requirements”.

(4)  Paragraph 15 of subsection 7 (1) of the Act is amended by striking out “and prescribing and requiring the use of forms of such returns” at the end and substituting “and governing the requirements”.

(5)  Paragraph 30 of subsection 7 (1) of the Act is repealed and the following substituted:

30.  governing the continuing education of members of the Association, including,

          i.  providing for the development or approval of continuing education programs,

         ii.  requiring members to successfully complete or participate in such programs, and

         iii.  providing for sanctions for non-compliance, including suspension or cancellation of a member’s licence or limited licence until the member is in compliance, or the imposition of additional requirements in order to be considered to be in compliance;

(6)  Paragraph 33 of subsection 7 (1) of the Act is amended by striking out “licences, certificates of practice” and substituting “licences, limited licences, certificates of practice”.

4 Paragraph 23 of subsection 8 (1) of the Act is amended by striking out “licensing” and substituting “licences, limited licences”.

5 Clause 11 (1) (a) of the Act is amended by striking out “is licensed” and substituting “is the holder of a licence or limited licence”.

6 (1)  Clause 13 (1) (d) of the Act is amended by striking out “or is exempted therefrom by the Council” and substituting “subject to any exemption by the Council”.

(2)  Clause 13 (1) (e) of the Act is amended by striking out “or is exempted therefrom by the Council” at the end and substituting “subject to any exemption by the Council”.

7 The Act is amended by adding the following section:

Limited licence

13.1  (1)  The Registrar shall issue a limited licence to a natural person who applies in accordance with the regulations and,

  (a)  is of good character;

  (b)  is not less than 18 years of age;

  (c)  is a citizen of Canada or has the status of a permanent resident of Canada or is a member of an organization of architects that is recognized by the Council and that has objects, standards of practice and requirements for membership similar to those of the Association;

  (d)  has complied with the academic and experience requirements specified in the regulations for the issuance of a limited licence, subject to any exemption by the Council; and

  (e)  has passed such examinations and completed such courses of study as the Council may set or approve in accordance with the regulations, subject to any exemption by the Council.

Grounds for refusal to issue limited licence

(2)  The Registrar may refuse to issue a limited licence to an applicant if the Registrar is of the opinion, on reasonable and probable grounds, that the past conduct of the applicant affords grounds for belief that the applicant will not engage in the practice of architecture in accordance with the law and with honesty and integrity.

Referral to committees

(3)   Subsections 13 (3) to (6) (which relate to the Academic Requirements Committee and the Experience Requirements Committee) apply with necessary modifications in respect of an applicant for a limited licence.

Conditions

(4)  Every limited licence is subject to the conditions prescribed by the regulations.

8 Section 19 of the Act is amended by striking out “a licence or a certificate of practice” and substituting “a licence, limited licence or certificate of practice”.

9 The Act is amended by adding the following section:

Certificates of practice and limited licence holders

22.1  It is a condition of every certificate of practice that is held by a limited licence holder, or under which a limited licence holder personally supervises and directs the practice of architecture, that the certificate is subject to the same terms, conditions and limitations to which the limited licence is subject.

10 (1)  Clauses 25 (2) (a) and (b) of the Act are amended by striking out “the licence or the temporary licence” wherever it appears and substituting in each case “the licence, the limited licence or the temporary licence”.

(2)  The definition of “applicant” in subsection 25 (17) of the Act is amended by adding “or limited licence” after “issuance of a licence”.

11 Subsection 27 (1) of the Act is amended by striking out “every person who is licensed under this Act” and substituting “every member of the Association”.

12 (1)  Clause 34 (3) (a) of the Act is amended by striking out “the responsibilities of an architect” and substituting “the member’s or holder’s responsibilities under this Act”.

(2)  Clauses 34 (4) (a) and (b) of the Act are amended by striking out “the licence of the member” wherever it appears and substituting in each case “the licence or limited licence of the member”.

13 Subsection 37 (4) of the Act is amended by striking out “Arbitrations Act” and substituting “Arbitration Act, 1991”.

14 (1)  Subsection 42 (1) of the Act is amended by striking out “or whose membership has been cancelled for cause under a predecessor of this Act”.

(2)  Subsection 42 (2) of the Act is amended by striking out “or whose membership has been suspended for cause under a predecessor of this Act”.

(3)  Subsection 42 (5) of the Act is amended by striking out “or that a suspension or cancellation for cause under a predecessor of this Act be removed”.

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

Same

(2.1)  Every person who is not a holder of a limited licence or certificate of practice and who,

  (a)  uses the title “Licensed Technologist” or “technologue agréé” as an occupational designation;

  (b)  uses,

         (i)  an addition to or an abbreviation of the title “Licensed Technologist” or “technologue agréé”,

        (ii)  an occupational designation, or

       (iii)  a term, title, addition or description,

that will lead to the belief that the person may engage in the practice of architecture; or

  (c)  uses a seal that will lead to the belief that the person is a licensed technologist,

is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000.

(2)  Subsections 46 (5), (6) and (7) of the Act are amended by striking out “(2), (3)” wherever it appears and substituting in each case “(2), (2.1), (3)”.

16 Section 48 of the Act is repealed and the following substituted:

Onus of proof

48 If the holding of a licence, limited licence, certificate of practice or temporary licence, or acting under and in accordance with a certificate of practice, is required to permit the lawful doing of any act or thing, and in any prosecution it is proven that the defendant has done the act or thing, the burden of proving that the defendant held the licence, limited licence, certificate of practice or temporary licence or acted in accordance with a certificate of practice rests on the defendant.

17 The Act is amended by adding the following section:

Forms

50.1  The Registrar may approve forms for the purposes of this Act and require their use.

18 The Act is amended by striking out “licence, certificate of practice” and “a licence, a certificate of practice” wherever they appear and substituting in each case “licence, limited licence, certificate of practice” and “a licence, a limited licence, a certificate of practice” respectively, except in subsection 46 (2).

Home Inspection Act, 2017

19 Section 2 of the Home Inspection Act, 2017 is amended by striking out “a holder of a licence or certificate of practice” and substituting “a holder of a licence, limited licence or certificate of practice”.

Professional Engineers Act

20 The English version of the definition of “architect” in section 1 of the Professional Engineers Act is amended by striking out “a person who is licensed or who holds a certificate of practice” and substituting “a person who holds a licence, certificate of practice”.

Commencement

21 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Subsection 1 (1), section 2, subsections 3 (1), (2), (5) and (6), sections 4, 5, 7 to 12, 15, 16, 18 and 20 come into force on a day to be named by proclamation of the Lieutenant Governor.

(3)  Section 19 comes into force on the later of the day section 2 of Schedule 1 (Home Inspection Act, 2017) to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force and the day subsection 1 (1) of this Schedule comes into force.

SCHEDULE 2
CANNABIS CONTROL ACT, 2017

1 The Cannabis Control Act, 2017 is amended by adding the following section:

Child care settings

13.1  (1)  No person shall cultivate, propagate or harvest cannabis in a dwelling in which child care, as defined in the Child Care and Early Years Act, 2014, is provided.

Exception, in-home services

(2)  Subsection (1) does not apply to in-home services as defined in the Child Care and Early Years Act, 2014.

2 (1)  Subsection 23 (1) of the Act is amended by striking out “(2) to (7)” in the portion before clause (a) and substituting “(2) to (9)”.

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

Penalty: cultivation, propagation or harvesting in child care setting

(9)  A person who is convicted of contravening section 13.1 is liable,

  (a)  on a first conviction in respect of that section, to a fine of not more than $1,000; and

  (b)  on a subsequent conviction in respect of that section, to a fine of not more than $5,000.

3 Subsection 26 (3) of the Act is repealed and the following substituted:

Agreement implementation

(3)  To implement an arrangement or agreement entered into under subsection (1), the Lieutenant Governor in Council may make regulations,

  (a)  modifying or clarifying the application of a provision of this Act or the regulations to a person, place or thing, subject to any conditions or limitations;

  (b)  establishing requirements that apply to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve, subject to any conditions or limitations;

  (c)  specifying that rules established by the council of the band apply to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve, subject to any conditions or limitations.

Requirements for authorization, s. 69 of Cannabis Act (Canada)

(4)  If a regulation under subsection (3) authorizes the sale of cannabis by a person other than an authorized cannabis retailer, the arrangement or agreement is subject to the following requirements:

   1.  The only cannabis that may be sold or distributed under the arrangement or agreement is cannabis that has been produced by a person or entity that is authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes.

   2.  The arrangement or agreement must not allow for the sale or distribution of cannabis to an individual under 18 years of age.

   3.  The arrangement or agreement must require the keeping of appropriate records respecting the activities of persons authorized to sell cannabis.

   4.  The arrangement or agreement must require the taking of adequate measures to reduce the risk of cannabis being diverted to an illicit market or activity.

Access to rules established by the council of the band

(5)  A regulation made under clause (3) (c) that provides that rules established by the council of the band apply on a reserve shall either contain the rules or incorporate them by reference.

Definitions

(6)  In this section,

“council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)

“Indian” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“Indien”)

“reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve. (“réserve”)

Commencement

4 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

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

SCHEDULE 3
CANNABIS LICENCE ACT, 2018

1 (1)  Subsection 44 (1) of the Cannabis Licence Act, 2018 is repealed and the following substituted:

Agreement with council of the band

(1)  Subject to subsection (2) and to the approval of the Lieutenant Governor in Council, the Minister may, on behalf of the Crown, enter into arrangements and agreements with a council of the band with respect to the sale of cannabis on a reserve, including the licensing, authorization and regulation of retail stores, or the enforcement of this Act and the regulations on a reserve.

(2)  Section 44 of the Act is amended by adding the following subsections:

Agreement implementation

(3)  To implement an arrangement or agreement entered into under subsection (1), the Lieutenant Governor in Council may make regulations,

  (a)  modifying or clarifying the application of a provision of this Act or the regulations to a person, place or thing, subject to any conditions or limitations;

  (b)  establishing requirements that apply to the sale of cannabis on a reserve, subject to any conditions or limitations;

  (c)  specifying that rules established by the council of the band apply to the sale of cannabis on a reserve, subject to any conditions or limitations.

Access to rules established by the council of the band

(4)  A regulation made under clause (3) (c) that provides that rules established by the council of the band apply on a reserve shall either contain the rules or incorporate them by reference.

2 Clause 49 (1) (s) of the Act is repealed and the following substituted:

  (s)  exempting any person, place or thing from this Act or the regulations or any provision of this Act or the regulations or providing that this Act or the regulations or any provision of this Act or the regulations does not apply in respect of any person, place, thing or circumstance, and prescribing conditions or restrictions for the exemption or non-application.

Commencement

3 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019

1 The French version of the definition of “special constable” in subsection 2 (1) of the Community Safety and Policing Act, 2019 is repealed.

2 The French version of subsection 2 (1) of the Act is amended by adding the following definition:

«constable spécial» Personne nommée à titre de constable spécial en vertu de l’article 92. («special constable»)

3 The French version of the Act is amended by striking out,

  (a)  “à l’agent spécial” wherever it appears and substituting in each case “au constable spécial”;

  (b)  “d’agent spécial” wherever it appears and substituting in each case “de constable spécial”;

  (c)  “de l’agent spécial” wherever it appears and substituting in each case “du constable spécial”;

  (d)  “l’agent spécial” wherever it appears and substituting in each case “le constable spécial”;

  (e)  “agent spécial” wherever it appears and substituting in each case “constable spécial”;

  (f)  “d’agents spéciaux” wherever it appears and substituting in each case “de constables spéciaux”; and

  (g)  “agents spéciaux” wherever it appears and substituting in each case “constables spéciaux”.

4 Subsections 207 (1) to (4) of the Act are repealed and the following substituted:

Expunging of record

(1)  A chief of police shall expunge an entry made in a police officer’s employment record respecting a disciplinary measure two years after the day the disciplinary measure was imposed if,

  (a)  the disciplinary measure is described in paragraph 2, 3, 4, 5 or 6 of subsection 200 (1); and

  (b)  no other entries relating to disciplinary measures were entered into the officer’s employment record in the two years following that day.

Same

(2)  A chief of police shall expunge an entry made in a police officer’s employment record respecting a disciplinary measure five years after the day the disciplinary measure was imposed if,

  (a)  the disciplinary measure is described in paragraph 1 of subsection 200 (1); and

  (b)  no other entries relating to disciplinary measures were entered into the officer’s employment record in the five years following that day.

Extension

(3)  Despite subsections (1) and (2), a record of a disciplinary measure that is described in paragraph 1 or 3 of subsection 200 (1) may be retained in a police officer’s employment record for longer than two years or five years, as applicable, if,

  (a)  the officer consents to the extension; or

  (b)  the adjudicator orders that the period be extended after conducting a hearing under this section.

Hearing

(4)  A chief of police may apply to the Commission Chair to appoint an adjudicator to hold a hearing for the purpose of determining whether a record described in subsection (3) should be retained for longer than two years or five years, as applicable, as a result of extenuating circumstances.

Application timing

(4.1)  An application under subsection (4) must be made within the prescribed period, if such a period has been prescribed.

Appointment of adjudicator

(4.2)  The Commission Chair shall appoint an adjudicator within 30 days after the day the application was received, except in exceptional circumstances.

5 (1)  Paragraph 5 of subsection 220 (1) of the Act is repealed.

(2)  Subsection 220 (2) of the Act is amended by striking out “conflict of interest in respect of labour relations matters” at the end and substituting “conflict of interest in engaging in or assisting with collective bargaining”.

6 Section 262 of the Act is repealed.

Coroners Act

7 (1)  The French version of the definitions of ““auxiliary member”, “First Nation Officer”, “police service” and “special constable”” in subsection 1 (1) of the Coroners Act are repealed.

(2)  The French version of subsection 1 (1) of the Act is amended by adding the following definitions:

«agent de Première Nation», «constable spécial», «membre auxiliaire» et «service de police» S’entendent au sens de la Loi de 2019 sur la sécurité communautaire et les services policiers. («First Nation Officer», «special constable», «auxiliary member», «police service»)

(3)  The French version of subsection 10 (4.6.1) of the Act is amended by striking out,

  (a)  “agent spécial” in the portion before clause (a) and substituting “constable spécial”; and

  (b)  “l’agent spécial” in clause (a) and substituting “le constable spécial”.

(4)  The French version of clause 10 (4.6.2) (c) of the Act is amended by striking out “agent spécial” and substituting “constable spécial”.

Dog Owners’ Liability Act

8 The French version of paragraph 1 of section 12 of the Dog Owners’ Liability Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Interprovincial Policing Act, 2009

9 The French version of section 39 of the Interprovincial Policing Act, 2009 is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Provincial Offences Act

10 The French version of the definition of “police officer” in subsection 1 (1) of the Provincial Offences Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Special Investigations Unit Act, 2019

11 (1)  The French version of clause (b) of the definition of “official” in subsection 1 (1) of the Special Investigations Unit Act, 2019 is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

(2)  The French version of subclause 15 (2) (b) (i) of the Act is amended by striking out “agent spécial” and substituting “constable spécial”.

Workplace Safety and Insurance Act, 1997

12 (1)  The French version of the definition of “police officer” in subsection 14 (1) of the Workplace Safety and Insurance Act, 1997 is amended by striking out “agent spécial” and substituting “constable spécial”.

(2)  The French version of paragraph 17 of subsection 14 (2) of the Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Commencement

13 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Sections 1 to 5 and 7 to 12 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 5
CORONERS ACT

1 Subsection 10 (5) of the Coroners Act is repealed and the following substituted:

Notice of death resulting from accident at or in mining plant or mine and inquest

(5)  A person in charge of a mining plant or mine, including a pit or quarry, who has reason to believe that a worker died as a result of an accident occurring in the course of the worker’s employment at or in the mining plant or mine shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.

Notice of death resulting from accident at or in construction project

(5.1)  A person in charge of a construction project who has reason to believe that a worker died as a result of an accident occurring in the course of the worker’s employment at or in the construction project shall immediately give notice of the death to a coroner.

Investigation of death resulting from accident at or in construction project

(5.2)  After receiving notice of a death described in subsection (5.1), the coroner shall investigate the circumstances of the death and if, as a result of the investigation, the coroner is of the opinion that an inquest ought to be held, the coroner shall hold an inquest upon the body.

Request for inquest in case of accident at or in construction project

(5.3)  The following rules apply if a coroner determines that an inquest is unnecessary into the death of a worker who is believed to have died as a result of an accident occurring in the course of the worker’s employment at or in a construction project:

   1.  The spouse, parent, child, brother, sister or personal representative of the deceased person may request the coroner in writing to hold an inquest.

   2.  If the coroner receives a request described in paragraph 1 before or within one year after the day an annual review under section 10.2 that reviews the death is made available to the public, section 26 does not apply to the request and instead the coroner shall hold an inquest upon the body.

   3.  If the coroner receives a request described in paragraph 1 after the deadline described in paragraph 2, section 26 applies to the request.

Transition

(5.4)  Subsections (5.2) and (5.3) apply to the death of a worker that occurred in the course of the worker’s employment at or in a construction project before the day section 1 of Schedule 5 to the Enhancing Access to Justice Act, 2024 came into force if an inquest upon the body has not already commenced before that day.

2 The Act is amended by adding the following section:

Annual review of construction deaths

10.2  (1)  In each calendar year, the Chief Coroner shall assign one or more coroners to conduct a review of each of any worker deaths in the previous calendar year resulting from an accident that occurred in the course of the worker’s employment at or in a construction project.

Power to assign to review

(2)  The Chief Coroner may,

  (a)  group different deaths together and assign different coroners to conduct reviews of each group of deaths;

  (b)  assign a single coroner or a team of coroners to conduct the same review;

  (c)  assign coroners to review different groups of deaths at different times of the year, so long as all of the worker deaths in the previous calendar year resulting from an accident occurring in the course of the workers’ employment at or in a construction project are assigned to coroners for review by the end of the current calendar year;

  (d)  revoke the assignment of a coroner or team of coroners to a review and replace them with other coroners; or

  (e)  personally conduct a review.

Deferred review of deaths

(3)  The Chief Coroner may direct that a death shall not be included in the annual review for the calendar year in which the death occurred and shall instead be deferred to review in a later calendar year if,

  (a)  the death is the subject of an ongoing investigation, prosecution or inquest; or

  (b)  the Chief Coroner otherwise determines that it would be inappropriate for the death to be included in the annual review.

Scope of review

(4)  A coroner or team of coroners conducting a review under this section shall,

  (a)  examine the circumstances of each of the deaths subject to their review;

  (b)  to the extent possible, conduct a systemic examination of the circumstances of all of the deaths subject to their review and, if the coroner or team of coroners consider it appropriate, related deaths that are not subject to their review;

  (c)  to the extent possible, identify any common issues among the deaths that are subject to their review; and

  (d)  develop recommendations for the prevention of further deaths.

Powers

(5)  In conducting a review under this section, a coroner may,

  (a)  consult with any person that has information relevant to their review or who may be affected by their review, including, without limitation,

         (i)  the family of the deceased,

        (ii)  any person undertaking the construction project where the death occurred, and

       (iii)  any organization that represents workers at the construction project where the death occurred;

  (b)  require a person with knowledge about the deceased or of the death to provide information about the facts and circumstances relating to the deceased or the death that the coroner considers necessary for the purposes of conducting their review; and

  (c)  inspect and extract information from any records or writings relating to the deceased or his or her circumstances.

Expert assistance

(6)  Subject to approval of the Chief Coroner, a coroner conducting a review under this section may obtain assistance or retain expert services to assist with their review.

Disclosure of personal information

(7)  A coroner conducting a review under this section shall not disclose personal information to any person who is being consulted or who is providing assistance or expert services for their review if other information will permit the coroner to solicit their input or obtain their assistance or services.

Personal information limited to what is reasonably necessary

(8)  A coroner conducting a review under this section shall not disclose more personal information to any person who is being consulted or who is providing assistance or expert services for the coroner’s review than is reasonably necessary to solicit their input or obtain their assistance or services.

Use and disclosure

(9)  A person who receives personal information from a coroner conducting a review under this section shall not use the information except for the purposes for which they received the information and shall not disclose the information except as required by law.

Results of review

(10)  A coroner or team of coroners conducting a review under this section shall submit a report containing the following information to the Chief Coroner in the form and manner and within the time specified by the Chief Coroner:

   1.  The coroner’s or team of coroners’ conclusions in respect of the circumstances of each of the deaths subject to their review.

   2.  The coroner’s or team of coroners’ conclusions in respect of the systemic examination described in clause (4) (b).

   3.  A description of any common issues identified by the coroner or team of coroners among the deaths that are subject to their review.

   4.  The coroner’s or team of coroners’ recommendations to prevent further deaths.

Timing

(11)  The report described in subsection (10) must be submitted on or before June 30th of the calendar year following the calendar year in which the coroner or team of coroners was assigned to the review.

Publication

(12)  The Chief Coroner shall, in accordance with the regulations, if any, make the report or reports provided under subsection (10) available to the public on a website of the Government of Ontario.

Notice of specific recommendations

(13)  The Chief Coroner shall notify a person or entity of any recommendation in a review conducted under this section that is directed at the person or entity.

Rules and directions

(14)  A coroner conducting a review under this section shall comply with any rules or directions respecting the reviews issued by the Chief Coroner.

Offence

(15)  No person shall wilfully use or disclose personal information in contravention of subsection (7), (8) or (9).

Penalty

(16)  Every person who contravenes subsection (15) is guilty of an offence and is liable on conviction,

  (a)  in the case of a first offence, to a fine of not more than $25,000; or

  (b)  in the case of a second or subsequent offence, to a fine of not more than $50,000.

Transition

(17)  Despite subsection (1), in the year in which section 2 of Schedule 5 to the Enhancing Access to Justice Act, 2024 comes into force, the review required by subsection (1) shall include a review of any worker deaths resulting from an accident that occurred in the course of the worker’s employment at or in a construction project,

  (a)  for which this Act, as it read at the time that notification of the death was provided to a coroner, required that an inquest upon the body be held; and

  (b)  for which an inquest upon the body had not commenced as of the day section 2 of Schedule 5 to the Enhancing Access to Justice Act, 2024 comes into force.

Same, deferral

(18)  For greater certainty, the Chief Coroner may defer the review of a death described in subsection (17) to a later calendar year in accordance with subsection (3).

3 Subsection 56 (2) of the Act is amended by adding the following clause:

(0.a) governing the publication of reports made under section 10.2, including by prescribing a date by which reports must be published or prescribing the website or websites on which the reports must be published;

Commencement

4 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 6
COURTS OF JUSTICE ACT

1 Clause 43 (9) (a) of the Courts of Justice Act is amended by striking out “cultural identity”.

2 (1)  Clause 65 (2) (a.2) of the Act is repealed.

(2)  Subsection 65 (2) of the Act is amended by adding the following clause:

(d.1) one associate judge, who shall be appointed by the Chief Justice of the Superior Court of Justice;

(3)  Subsections 65 (4) and (5) of the Act are amended by striking out “(c), (f)” wherever it appears and substituting in each case “(c), (d.1), (f)”.

(4)  Section 65 of the Act is amended by adding the following subsections:

Information to be maintained in confidence

(7)  The Ministry of the Attorney General shall maintain in confidence any records or other information collected, prepared, maintained or used by the Ministry in relation to the business of the Civil Rules Committee and shall not disclose any such records or information unless the disclosure has been authorized by the Attorney General and approved by the chair of the Committee.

Prevails over FIPPA

(8)  Subsection (7) prevails over the Freedom of Information and Protection of Privacy Act.

Delegation

(9)  The Attorney General may, in writing, delegate the power to authorize disclosures in subsection (7) to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Transition

(10)  If a request for access to a record described in subsection (7) was made to the Attorney General under the Freedom of Information and Protection of Privacy Act on or after the day the Enhancing Access to Justice Act, 2024 received first reading and a decision about disclosure of the record has not been made by the date on which subsection 2 (4) of Schedule 6 to the Enhancing Access to Justice Act, 2024 comes into force, subsections (7) to (9) of this section apply to the request.

3 Section 67 of the Act is amended by adding the following subsections:

Information to be maintained in confidence

(7)  The Ministry of the Attorney General shall maintain in confidence any records or other information collected, prepared, maintained or used by the Ministry in relation to the business of the Family Rules Committee and shall not disclose any such records or information unless the disclosure has been authorized by the Attorney General and approved by the chair of the Committee.

Prevails over FIPPA

(8)  Subsection (7) prevails over the Freedom of Information and Protection of Privacy Act.

Delegation

(9)  The Attorney General may, in writing, delegate the power to authorize disclosures in subsection (7) to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Transition

(10)  If a request for access to a record described in subsection (7) was made to the Attorney General under the Freedom of Information and Protection of Privacy Act on or after the day the Enhancing Access to Justice Act, 2024 received first reading and a decision about disclosure of the record has not been made by the date on which section 3 of Schedule 6 to the Enhancing Access to Justice Act, 2024 comes into force, subsections (7) to (9) of this section apply to the request.

4 The Act is amended by adding the following section:

Attendance at meetings, conferences and seminars

83 For the purposes of subsection 41 (1) of the Judges Act (Canada), a judge of the Court of Appeal, the Superior Court of Justice or the Family Court may, in that capacity, attend a meeting, conference or seminar that is held for a purpose relating to the administration of justice, with the approval of,

  (a)  the Chief Justice of Ontario, in the case of a judge of the Court of Appeal; or

  (b)  the Chief Justice of the Superior Court of Justice, in any other case.

5 Subsection 94 (2) of the Act is repealed.

6 Section 123 of the Act is amended by adding the following subsection:

Certain hearings under the Child, Youth and Family Services Act, 2017

(8)  If a judge in the Ontario Court of Justice who is presiding over a hearing under Part V, VII or VIII of the Child, Youth and Family Services Act, 2017 for a final order respecting a matter is appointed to another court, the judge continues to have jurisdiction to complete the hearing and give a decision in the matter.

7 (1)  Subsection 140 (1) of the Act is repealed and the following substituted:

Vexatious proceedings

(1)  If a judge of the Superior Court of Justice or of the Court of Appeal is satisfied that a person has persistently and without reasonable grounds instituted vexatious proceedings in any court or conducted a proceeding in any court in a vexatious manner, the judge may make an order that includes any of the following terms:

   1.  No further proceeding may be instituted by the person in any court, except by leave of a judge of the Superior Court of Justice.

   2.  No proceeding previously instituted by the person in any court shall be continued, except by leave of a judge of the Superior Court of Justice.

   3.  Any other term that is just.

Procedure

(2)  An order under subsection (1) may be made on the judge’s own initiative or on motion or application by any person, as provided in the rules of court.

Notice required

(2.1)  An order under subsection (1) may only be made on notice to the person who is the subject of the order, as provided in the rules of court.

Branches of the Superior Court of Justice

(2.2)  An order of the Superior Court of Justice under subsection (1) may be made by a judge presiding in any branch of that court.

Appeals and reviews

(2.3)  The following rules apply with respect to an order made under subsection (1):

   1.  If the order was made by a judge of the Superior Court of Justice, an appeal of the order lies to a panel of the Court of Appeal.

   2.  If the order was made by a judge of the Court of Appeal, a panel of the Court of Appeal may, on motion, set aside or vary the decision.

   3.  For greater certainty, leave is not required to bring an appeal under paragraph 1 or a motion under paragraph 2, unless the court orders otherwise.

(2)  Section 140 of the Act is amended by adding the following subsection:

Deputy judges

(6)  For greater certainty, a reference to a judge of the Superior Court of Justice in this section does not include a reference to a deputy judge.

Commencement

8 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Section 7 comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 7
EVIDENCE ACT

1 The Evidence Act is amended by adding the following section:

Sharing of information within public sector not affecting privilege

30.1  (1)  In this section,

“public sector body” means,

  (a)  the Crown in right of Ontario,

  (b)  a Crown agency as defined in the Crown Liability and Proceedings Act, 2019,

  (c)  a Crown corporation as defined in the Crown Liability and Proceedings Act, 2019, or

  (d)  any person, body or office specified by the regulations made under subsection (7).

Privilege not waived, affected

(2)  If a public sector body shares information on a confidential basis with another public sector body, the sharing does not constitute a waiver of, or otherwise affect, any privilege that applies with respect to the information.

Same

(3)  For the purposes of subsection (2), privilege includes solicitor-client privilege, litigation privilege, settlement privilege and public interest immunity.

Same

(4)  Subsection (2) applies regardless of whether the public sector body is required to share the information.

Retroactive application

(5)  This section is deemed to have applied with respect to any sharing of information between public sector bodies before the day the Enhancing Access to Justice Act, 2024 received Royal Assent.

Same

(6)  In the case of a person, body or office that becomes a public sector body after the day the Enhancing Access to Justice Act, 2024 receives Royal Assent, this section is also deemed to have applied with respect to any sharing of information with or by the person, body or office before becoming a public sector body.

Regulations

(7)  The Lieutenant Governor in Council may make regulations prescribing persons, bodies or offices for the purposes of clause (d) of the definition of “public sector body” in subsection (1).

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 8
EXECUTION ACT

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

When writs of execution are binding

Definition

(0.1)  In this section and section 11,

“index” means the electronic database maintained by the sheriff as the index of writs of execution.

(2)  Subsection 10 (1) of the Act is amended by striking out “electronic database maintained by the sheriff as the index of writs of execution” at the end and substituting “index”.

(3)  Clause 10 (2) (a) of the Act is amended by striking out “electronic database maintained as the index of writs of execution” and substituting “index”.

(4)  Subsections 10 (4) and (5) of the Act are repealed and the following substituted:

Obligations of sheriff re index

(4)  A sheriff shall comply with the following requirements respecting the index:

   1.  If a writ of execution, a renewal of a writ of execution or a certificate of lien under the Bail Act is directed to the sheriff, the sheriff shall, upon receiving from or on behalf of the judgment creditor the required fee in accordance with the Administration of Justice Act and instructions to do so, promptly take the following actions:

          i.  Enter in the index the writ, renewal or certificate of lien, as the case may be.

         ii.  If applicable, indicate in the index that the writ, renewal or certificate of lien, as the case may be, affects real property governed by the Land Titles Act.

   2.  A sheriff shall assign consecutive numbers in the index to each writ and certificate of lien in the order in which the writs and certificates of lien are entered.

   3.  A sheriff shall note in the index the effective date of each writ, renewal and certificate of lien.

   4.  In the case of a renewal, a sheriff shall extend the expiry date by the period required under the applicable rule or statute.

   5.  A sheriff shall update the names of execution debtors in the index as directed by the court.

   6.  A sheriff shall note in the index any statutory declaration filed under clause 11 (1) (b).

   7.  A sheriff shall give the land registrar of each land titles division wholly or partially within the sheriff’s jurisdiction access to the index.

(5)  Subsection 10 (6) of the Act is amended by striking out “electronic database maintained by the sheriff as the index of writs of execution” at the end and substituting “index”.

(6)  Subsection 10 (7) of the Act is repealed.

2 Subsection 11 (2) of the Act is amended by striking out “received for execution and recorded by the sheriff” at the end and substituting “noted in the index”.

3 Section 21 of the Act is amended by adding the following subsection:

Application to court for directions

(3)  Where a question arises in relation to the measures to be taken by a sheriff or any person assisting the sheriff in carrying out a writ of possession, the sheriff or any interested person may apply to a judge of the Superior Court of Justice for directions.

Commencement

4 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 9
FAMILY LAW ACT

1 Section 69 of the Family Law Act is amended by adding the following subsection:

Same

(3.1)  The power to make a regulation under subsection (2) may be exercised by incorporating by reference all or part of the Federal Child Support Guidelines made under the Divorce Act (Canada) as they are amended from time to time and with any changes that the regulations may specify.

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997

1 The Fire Protection and Prevention Act, 1997 is amended by adding the following section:

Administrative penalties

Purpose

30.2  (1)  The purpose of an administrative penalty imposed under this section is to promote compliance with the requirements established by this Act and the regulations.

Order imposing administrative penalties

(2)  If a prescribed authorized person is satisfied that a person is contravening or not complying with a prescribed provision of this Act or the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.

Content of order

(3)  The order imposing an administrative penalty shall be in writing and shall include the following information:

   1.  The particulars of the contravention of this Act or the regulations.

   2.  The date and time by which payment of the administrative penalty must be made.

   3.  The amount payable and how payment of the administrative penalty may be made.

   4.  The right to request a review of the administrative penalty order.

Maximum administrative penalty

(4)  An administrative penalty for a contravention of this Act or the regulations shall not exceed the following amounts:

   1.  For a contravention by an individual, $10,000 or such lesser amount as may be prescribed.

   2.  For a contravention by a person other than an individual, $100,000 or such lesser amount as may be prescribed.

Administrative penalty may be imposed with other measures

(5)  An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act, and may be imposed in conjunction with a fine imposed for the same infraction.

Limitation

(6)  An administrative penalty shall not be imposed more than one year after the contravention first came to the knowledge of the prescribed authorized person.

Deadline to pay penalty

(7)  A person who has received an order imposing an administrative penalty shall pay the penalty within 30 days after the day the order was served, subject to any stays of the order described in subsection (12).

No right to be heard

(8)  There is no right to be heard before an order imposing an administrative penalty is made.

Right to review

(9)  A person who has received an order imposing an administrative penalty may submit a request for a review of the order to a prescribed reviewer.

Time to submit request for review

(10)  A request for review under subsection (9) must be submitted to the reviewer within 30 days after the order is served.

If review requested

(11)  If a person who has received an order imposing an administrative penalty requests a review under subsection (9), the reviewer shall conduct the review in accordance with the regulations.

Stay of order

(12)  A review commenced under subsection (9) operates as a stay of the order until the matter is finally disposed of.

Decision of reviewer

(13)  After conducting the review, the reviewer may,

  (a)  find that the person did not contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and rescind the order imposing the administrative penalty;

  (b)  find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and affirm the order imposing the administrative penalty; or

  (c)  find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances and, in that case, the reviewer shall amend the order imposing the administrative penalty by reducing the amount of the penalty.

Decision final

(14)  The reviewer’s decision is final.

Payment after review

(15)  If the reviewer finds under clause (13) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the order imposing the administrative penalty, the person shall pay the penalty required by the reviewer within 30 days after the day the decision was made.

Enforcement by court

(16)  If an order imposing an administrative penalty has been issued under this section to a person and the penalty is not paid by the applicable deadline, the order imposing the administrative penalty or the reviewer’s decision, as the case may be, may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court.

Postjudgment interest

(17)  Section 129 of the Courts of Justice Act applies in respect of an order or decision filed in the Superior Court of Justice under subsection (16) and the date on which the order or decision is filed under subsection (19) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

Municipal enforcement

(18)  If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a municipality and the penalty is not paid within 15 days after the applicable deadline, the treasurer of the municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the municipality for which all of the owners are responsible for paying the administrative penalty and collect it in the same manner as municipal taxes.

Enforcement in territory without municipal status

(19)  If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a territory without municipal organization and the penalty is not paid within 15 days after the applicable deadline, the prescribed authorized person who issued the order shall notify the Minister of Finance when,

  (a)  the time limit for submitting a request for review of the order has expired and no review has been requested; or

  (b)  a review of the order was requested and the reviewer confirmed or amended the order under clause (13) (b) or (c).

Same

(20)  When the Minister of Finance receives notice of an order under subsection (19), the amount of the administrative penalty may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax imposed under that Act.

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

L. G. in C.

(1.1)  The Lieutenant Governor in Council may make regulations governing administrative penalties that may be imposed under section 30.2, and, without limiting the foregoing, may make regulations,

  (a)  prescribing provisions of this Act and of the regulations for the purpose of subsection 30.2 (2);

  (b)  prescribing authorized persons for the purpose of section 30.2, which may include authorizing municipalities to appoint prescribed authorized persons;

  (c)  prescribing the amount of a penalty, or a method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria;

  (d)  authorizing prescribed authorized persons to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection 30.2 (2), including prescribing that the criteria may include aggravating or mitigating factors;

  (e)  authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues;

   (f)  authorizing higher penalties for a second or subsequent contravention or failure to comply;

  (g)  governing the payment of penalties and authorizing prescribed authorized persons to approve a plan of periodic payments that extends beyond the deadline;

  (h)  authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes;

   (i)  prescribing a lesser maximum penalty and the provisions of this Act or the regulations to which the lesser maximum penalty applies;

   (j)  prescribing and governing procedures for making and serving an order under section 30.2, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario;

  (k)  governing the review of an order, including,

         (i)  prescribing persons or entities as reviewers, which may include authorizing municipalities to appoint the reviewers,

        (ii)  establishing procedures for commencing and conducting a review,

       (iii)  establishing time limits for the stages of a review and authorizing the reviewer to extend any time limit,

       (iv)  prescribing that the review must or may be conducted orally, electronically or in writing or authorizing the reviewer to make that determination, and

        (v)  establishing criteria to be considered and criteria not to be considered by the reviewer when determining what decision to make;

   (l)  prescribing the form and content of orders under section 30.2;

(m)  prescribing circumstances in which a person is not required to pay an administrative penalty;

  (n)  providing that an administrative penalty is payable to a prescribed person rather than to the Minister of Finance, and is a debt due to the person to whom it is payable;

  (o)  providing for other matters to carry out the purpose of section 30.2.

Commencement

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

SCHEDULE 11
JURIES ACT

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

Required number of jury questionnaires

(2)  The Jury Sheriff shall determine the number of persons in the jury area who need to be mailed a jury questionnaire or instructions to access a jury questionnaire in order to attain the aggregate number of persons described in clause (1) (c).

Recommendation of local sheriff

(3)  The local sheriff may make recommendations to the Jury Sheriff respecting determinations under subsection (2).

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

Notice

Summoning jurors 28 days before attendance required

(1)  The Jury Sheriff shall summon every person on the panel list to serve on juries by mailing to the person a notice in the prescribed form at least 28 days before the day on which the person is to attend.

Shortened period

(1.1)  The 28-day period referred to in subsection (1) does not apply if,

  (a)  the Jury Sheriff is directed to randomly select and summon additional jurors under this Act; or

  (b)  the Jury Sheriff determines that adherence to the 28-day period is impossible or unreasonably difficult.

Commencement

3 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 12
JUSTICES OF THE PEACE ACT

1 Clause 2.1 (13) (a) of the Justices of the Peace Act is amended by striking out “cultural identity”.

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 13
LAND TITLES ACT

1 Clause 35 (a) of the Land Titles Act is repealed and the following substituted:

  (a)  search against the patentee for writs of execution and other liens in the electronic database maintained by the sheriff who has territorial jurisdiction for the land titles division where the land registrar made the entry as the index of writs of execution; and

2 The French version of section 135 of the Act is amended by striking out “domicile élu” wherever it appears and substituting in each case “adresse aux fins de signification”.

3 (1)  Subsections 136 (1), (2) and (3) of the Act are repealed and the following substituted:

Executions

Definition

(1)  In this section,

“index” means the electronic database maintained by the sheriff as the index of writs of execution.

When land is bound

(2)  No registered land is bound by any writ of execution or any certificate of lien under the Bail Act until the sheriff to whom it is directed has complied with subsection 10 (4) of the Execution Act with respect to the writ of execution or certificate of lien, as the case may be.

Transfer void

(3)  No sale or transfer under a writ of execution or certificate of lien mentioned in subsection (2) is valid as against a person purchasing for valuable consideration before the sheriff has complied with subsection 10 (4) of the Execution Act with respect to the writ of execution or certificate of lien, as the case may be, although the purchaser may have had notice of the writ or certificate of lien, as the case may be.

(2)  Subsection 136 (6) of the Act is amended by striking out “subsection (1)” and substituting “subsection (2)”.

(3)  Subsections 136 (7) and (8) of the Act are repealed and the following substituted:

Where writ not binding

(7)  A writ of execution or certificate of lien mentioned in subsection (2) does not bind land being transferred or charged as against the transferee or chargee if the following criteria are satisfied:

   1.  The land registrar decides that the name of the execution debtor appearing in the writ or certificate of lien, as the case may be, and the name of the registered owner as it appears in the records of the land registry office of the land registrar do not represent the same person.

   2.  The land registrar does one of the following:

          i.  In the case of a charge, issues a certificate to the effect that the land registrar has made the decision described in paragraph 1.

         ii.  In the case of a transfer, registers the transfer free of the writ or certificate of lien, as the case may be.

Amendment to Bail Act

4 Section 2 of the Bail Act is amended by striking out “subsection 136 (1) of the Land Titles Act” and substituting “subsection 10 (4) of the Execution Act”.

Commencement

5 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 14
LAW SOCIETY ACT

1 Subsection 51 (6) of the Law Society Act is repealed and the following substituted:

Conditions of grants

(6)  No grant shall be made out of the Fund unless notice in writing of the loss is received by the Society within two years after the loss came to the knowledge of the person suffering the loss.

Commencement

2 This Schedule comes into force on the day Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 15
LEGISLATION ACT, 2006

1 Subsection 8 (3) of the Legislation Act, 2006 is repealed and the following substituted:

Provisions coming into force on a day to be named by order

(3)  If an Act provides that any provisions of an Act are to come into force on a day to be named by order of the Lieutenant Governor in Council, the following rules apply to such an order:

   1.  Orders may be issued at different times for different parts, portions or sections of those provisions.

   2.  The order may be amended or revoked by a further order of the Lieutenant Governor in Council.

   3.  The order may be amended or revoked before the date named by the order, but not on or after that date.

   4.  If the order names different dates for different provisions, the order may be amended or revoked with respect to a particular provision before the date named for that provision, but not on or after that date.

Effect of amendment to order

(4)  For greater certainty, the dates referred to in paragraphs 3 and 4 of subsection (3) are the dates as amended by any amendments to that order.

2 The Act is amended by adding the following section:

Transition — provisions to come into force on proclamation

8.1  (1)  A provision of an Act that is to come into force on a day to be named by proclamation of the Lieutenant Governor is deemed to be a provision that is to come into force on a day to be named by order of the Lieutenant Governor in Council.

Same

(2)  A proclamation that names a day on which any provisions of an Act are to come into force may be amended by order of the Lieutenant Governor in Council in accordance with the rules set out in section 8, with necessary modifications.

Continued validity of issued proclamations

(3)  Any proclamation that names a day on which provisions of an Act are to come into force and that was issued on or before the day that is 30 days after the day this section came into force continues to be valid.

3 (1)  Clause 10.1 (1) (a) of the Act is repealed and the following substituted:

  (a)  is to come into force on a day to be named by order of the Lieutenant Governor in Council;

(2)  Clause 10.1 (2) (a) of the Act is amended by adding “or is repealed” after “it comes into force”.

4 Section 13 of the Act is amended by adding the following subsection:

Same

(2)  Judicial notice shall be taken of the issuing and contents of,

  (a)  every order of the Lieutenant Governor in Council that names a day on which provisions of an Act are to come into force; and

  (b)  every order of the Lieutenant Governor in Council that amends or revokes an order described in clause (a).

5 (1)  Section 15 of the Act is amended by adding the following subsections:

Publication of certain orders

(3.1)  Every order of the Lieutenant Governor in Council that names a day on which provisions of an Act are to come into force, and every order of the Lieutenant Governor in Council that amends or revokes such an order, shall be published on the e-Laws website promptly after it is made.

Corrections

(3.2)  If the Chief Legislative Counsel discovers that an order that is published on the e-Laws website in accordance with subsection (3.1) differs from the order that was made, the Chief Legislative Counsel shall ensure that a corrected order is promptly published on the e-Laws website.

(2)  Subsection 15 (4) of the Act is amended by striking out “subsection (2) or (3)” and substituting “subsection (2), (3) or (3.2)”.

6 Subsection 19 (8) of the Act is repealed.

7 Section 23 of the Act is amended by adding the following subsection:

Same

(1.1)  A commencement provision in a regulation is deemed to come into force on the day the regulation is filed, regardless of when the regulation is specified to come into force.

8 The Act is amended by adding the following section:

Exercise of delegated power before commencement

23.1  (1)  A power conferred by a regulation may be exercised at any time after the regulation is filed even if the regulation is not yet in force.

Same

(2)  Until the regulation comes into force, the exercise of a power in accordance with subsection (1) has no effect except as may be necessary to make the regulation effective when it comes into force.

9 Section 48 of the Act is repealed and the following substituted:

Existing and future legislation

48 Section 46 applies regardless of when the Act or regulation was enacted or made.

10 Clause 51 (1) (c) of the Act is repealed and the following substituted:

  (c)  affect a contravention of or offence committed against the repealed or revoked Act or regulation, or any penalty, forfeiture or punishment incurred in connection with the contravention or offence; or

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

Same

(4)  Subsection (3) applies with necessary modifications if a power of a minister of the Crown to make regulations is conferred on a different minister of the Crown under the Executive Council Act.

12 Subsections 59 (1) and (2) of the Act are repealed and the following substituted:

References to Ontario legislation

(1)  A reference in an Act or regulation to a provision of another Act or regulation is a reference to the provision,

  (a)  as amended;

  (b)  as changed under Part V (Change Powers); or,

  (c)  if the provision has been replaced, to the replacement provision.

Same

(2)  Subsection (1) applies whether the provision is amended, changed or replaced before or after the commencement of the provision containing the reference.

13 Subsections 60 (1) and (2) of the Act are repealed and the following substituted:

References to other Canadian legislation

(1)  A reference in an Act or regulation to a provision of an Act or regulation of Canada or of another province or territory of Canada is a reference to the provision,

  (a)  as amended;

  (b)  as changed in the exercise of a statutory power to make non-substantive changes; or,

  (c)  if the provision has been replaced, to the replacement provision.

Same

(2)  Subsection (1) applies whether the provision is amended, changed or replaced before or after the commencement of the provision containing the reference.

14 Subsection 62 (5) of the Act is amended by striking out “the day the Access to Justice Act, 2006 receives Royal Assent” at the end and substituting “October 19, 2006”.

15 Section 75 of the Act is repealed.

16 The French version of paragraph 1 of subsection 89 (6) of the Act is amended by adding “à partir du jour déterminé” after “se calcule”.

17 Subsection 92 (2) of the Act is amended by striking out “on the day before the day the Access to Justice Act, 2006 receives Royal Assent” at the end and substituting “immediately before October 19, 2006”.

Commencement

18 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Sections 1 and 2, subsection 3 (1) and sections 4, 5 and 15 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 16
PROVINCIAL OFFENCES ACT

1 (1)  Subsections 5 (1) and (2) of the Provincial Offences Act are repealed and the following substituted:

Having a trial

(1)  A defendant who is served with an offence notice may give notice of their intention to appear in court for the purpose of entering a plea and having a trial of the matter by,

  (a)  completing the notice of intention to appear part of the offence notice and delivering it to the court office in the manner specified in the offence notice;

  (b)  completing a notice of intention to appear in the form determined by the regulations and delivering it to the court office in any manner by which the offence notice may be delivered under clause (a); or

  (c)  giving notice of their intention to appear in any other manner specified in the offence notice.

(2)  Subsection 5 (4) of the Act is amended by striking out “given to” and substituting “received by”.

2 (1)  Subsection 5.1 (2) of the Act is repealed and the following substituted:

Requesting a meeting

(2)  A defendant may, instead of giving notice of intention to appear under section 5, request a meeting with the prosecutor to discuss the resolution of the offence if, within 15 days after being served with the offence notice, the defendant,

  (a)  indicates the request on the offence notice and delivers it to the court office in the manner specified in the offence notice; or

  (b)  makes the request in any other manner specified in the offence notice.

(2)  Subsection 5.1 (2.1) of the Act is amended by striking out “delivered to” and substituting “received by”.

Commencement

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

SCHEDULE 17
PUBLIC OFFICERS ACT

1 Sections 7 to 11, 13 and 14 of the Public Officers Act are repealed.

Niagara Parks Act

2 Section 18 of the Niagara Parks Act is repealed.

Pension Benefits Act

3 Section 99 of the Pension Benefits Act is repealed.

St. Lawrence Parks Commission Act

4 Section 15 of the St. Lawrence Parks Commission Act is repealed.

Commencement

5 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995

1 The French version of the title of the Victims’ Bill of Rights, 1995 is amended by striking out “d’actes criminels” and substituting “d’infractions criminelles”.

2 (1)  The French version of the definition of “crime” in section 1 of the Act is repealed.

(2)  The French version of section 1 of the Act is amended by adding the following definition:

«infraction criminelle» Infraction prévue au Code criminel (Canada). («crime»)

3 (1)  Subsection 3 (2) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Presumption

(2)  The following victims of a crime shall be presumed to have suffered emotional distress, if the crime is prescribed for the purposes of subsection (1):

.     .     .     .     .

(2)  Subsection 3 (2) of the Act is amended by adding the following paragraphs:

   4.  A victim of a crime if,

          i.  the crime is of a sexual nature, or

         ii.  the crime is for or involves a sexual purpose.

   5.  A victim of the publication or distribution of a voyeuristic recording or an intimate image without consent, or any other activity that is in contravention of subsection 162 (4) or 162.1 (1) of the Criminal Code (Canada).

   6.  A victim of a crime respecting trafficking in persons.

(3)  Subsection 3 (2) of the Act is amended by adding the following paragraph:

   7.  A victim of an assault if the victim was under the age of 18 or was a person with a disability at the time of the assault and if one of the following criteria was met at the time of the assault:

          i.  The assailant was in a position of trust or authority over the victim.

         ii.  The victim was in a relationship of dependency with the assailant.

4 Clause 5 (2) (b) of the Act is amended by striking out “section 727.9” and substituting “section 737”.

5 (1)  Subsection 5.1 (1) of the Act is amended by striking out “d’actes criminels” at the end and substituting “d’infractions criminelles”.

(2)  Subsection 5.1 (7) of the Act is repealed.

6 The French version of the Act, except subsection 5.1 (1), is amended by,

  (a)  striking out “actes criminels” wherever it appears and substituting in each case “infractions criminelles”;

  (b)  striking out “d’un acte criminel prescrit” wherever it appears and substituting in each case “d’une infraction criminelle prescrite”;

  (c)  striking out “d’un acte criminel” wherever it appears and substituting in each case “d’une infraction criminelle”; and

  (d)  striking out “l’acte criminel” wherever it appears and substituting in each case “l’infraction criminelle”.

Consequential Amendments

Coroners Act

7 The French version of subsection 41 (3) of the Coroners Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” wherever it appears and substituting in each case “Charte de 1995 des droits des victimes d’infractions criminelles”.

Correctional Services and Reintegration Act, 2018

8 (1)  The French version of section 147 of the Correctional Services and Reintegration Act, 2018 is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles”.

(2)  The French version of paragraph 67 of subsection 156 (1) of the Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles”.

Highway Traffic Act

9 The French version of clause 21.1 (14) (k.1) of the Highway Traffic Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles” at the end.

Ministry of Correctional Services Act

10 The French version of the Ministry of Correctional Services Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” wherever it appears and substituting in each case “Charte de 1995 des droits des victimes d’infractions criminelles”.

Commencement

Commencement

11 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Sections 1 and 2, subsection 5 (1) and sections 6, 7, 9 and 10 come into force on the day to be named by proclamation of the Lieutenant Governor.

(3)  Subsection 8 (1) comes into force on the later of the day section 6 comes into force and the day section 147 of the Correctional Services and Reintegration Act, 2018 comes into force.

(4)  Subsection 8 (2) comes into force on the later of the day section 6 comes into force and the day paragraph 67 of subsection 156 (1) of the Correctional Services and Reintegration Act, 2018 comes into force.

SCHEDULE 19
REFERENCES TO THE CROWN

Auditor General Act

1 (1)  The definition of “Crown controlled corporation” in section 1 of the Auditor General Act is amended by striking out “Her Majesty” and substituting “the Crown”.

(2)  Clause 21 (1) (b) of the Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being), her heirs” and substituting “His Majesty King Charles the Third (or the reigning sovereign for the time being), his heirs”.

Barristers Act

2 (1)  The English version of section 1 of the Barristers Act is amended by striking out “Her Majesty’s courts in Ontario” at the end and substituting “His Majesty’s courts in Ontario”.

(2)  The English version of subsection 2 (1) of the Act is amended by striking out ““Her Majesty’s counsel learned in the law”” and substituting ““His Majesty’s counsel learned in the law””.

(3)  Subsection 2 (2) of the Act is amended by striking out “Queen’s” and substituting “King’s”.

Courts of Justice Act

3 (1)  Section 93 of the Courts of Justice Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 131 (2) of the Act is repealed and the following substituted:

Crown costs

(2)  In a proceeding to which the Crown is a party, costs awarded to the Crown shall not be disallowed or reduced on assessment merely because they relate to a lawyer who is a salaried officer of the Crown, and costs recovered on behalf of the Crown shall be paid into the Consolidated Revenue Fund.

Same

(3)  In subsection (2),

“Crown” means the Crown in right of Ontario.

Crown Administration of Estates Act

4 (1)  Section 7 of the Crown Administration of Estates Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Section 8 of the Act is amended by striking out “either in his or her own name, on behalf of Her Majesty, or in the name of Her Majesty” and substituting “either in the Public Guardian and Trustee’s own name on behalf of the Crown in right of Ontario or in the name of the Crown in right of Ontario”.

(3)  Subsection 14 (2) of the Act is amended by striking out “Her Majesty or the Province” and substituting “the Crown in right of Ontario”.

Education Act

5 Subsection 209 (3) of the Education Act is amended by striking out “Her Majesty, Queen Elizabeth II” and substituting “His Majesty King Charles the Third”.

Evidence Act

6 (1)  Section 25 of the Evidence Act is amended by striking out “the Queen’s” and substituting “His Majesty’s”.

(2)  Clause 26 (e) of the Act is amended by striking out “by the Queen’s Printer or by the government printer for the province or territory” and substituting “by the King’s Printer for Ontario, the printer for the Government of Canada or the government printer for the province or territory”.

(3)  The English version of the Act is amended by striking out “Her Majesty’s” and “Her Majesty” wherever they appear and substituting in each case “His Majesty’s” and “His Majesty” respectively.

Fuel Tax Act

7 (1)  Subsection 8 (11) of the Fuel Tax Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 13 (11) of the Act is amended by striking out “Her Majesty the Queen” and substituting “the Crown”.

(3)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Gasoline Tax Act

8 (1)  Subsection 5 (11) of the Gasoline Tax Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 19 (4) of the Act is amended by striking out “Her Majesty the Queen” and substituting “the Crown”.

(3)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Legislation Act, 2006

9 (1)  The English version of section 6 of the Legislation Act, 2006 is amended by striking out “Her Majesty” and substituting “His Majesty”.

(2)  Subsection 42 (2) of the Act is amended by adding the following paragraph:

9.1  Make such changes as may be required to reflect a change of reigning sovereign or to otherwise change the terminology used to refer to the Crown in accordance with Ontario drafting practices.

(3)  Section 71 of the Act is amended by striking out “Her Majesty” and “Her Majesty’s” and substituting “the Crown” and “the Crown’s” respectively.

(4)  The English version of the definition of ““Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown”” in section 87 of the Act is amended by striking out “Her other Realms” and substituting “His other Realms”.

(5)  The English version of the definition of “Lieutenant Governor” in section 87 of the Act is amended by striking out “Her Majesty’s” and substituting “His Majesty’s”.

(6)  The Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer for Ontario”.

Legislative Assembly Act

10 Subsection 101 (3) of the Legislative Assembly Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being), her heirs” and substituting “His Majesty King Charles the Third (or the reigning sovereign for the time being), his heirs”.

Mining Act

11 Subsection 91 (1) of the Mining Act is amended by striking out “Her Majesty, Her heirs and successors” and substituting “the Crown”.

Ministry of Government Services Act

12 The Ministry of Government Services Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer”.

Ontario Gazette Act

13 (1)  Sections 1 and 2 of the Ontario Gazette Act are amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer for Ontario”.

(2)  Section 4 of the Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer”.

Public Officers Act

14 Section 4 of the Public Officers Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning Sovereign for the time being), her heirs and successors” and substituting “His Majesty King Charles the Third (or the reigning Sovereign for the time being), his heirs and successors”.

Public Transportation and Highway Improvement Act

15 (1)  Subsection 33 (7) of the Public Transportation and Highway Improvement Act is amended by,

  (a)  striking out ““Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario” in English or as “Sa Majesté du chef de l’Ontario, représentée par le Ministre des Transports de l’Ontario” in French” and substituting ““His Majesty the King in right of Ontario” in English or as “Sa Majesté du chef de l’Ontario” in French”; and

  (b)  striking out “a subject of Her Majesty” in the English version and substituting “a subject of His Majesty”.

(2)  The English version of subsection 33 (8) of the Act is amended by striking out “a subject of Her Majesty” and substituting “a subject of His Majesty”.

Securities Act

16 (1)  Clause 142 (1) (c) of the Securities Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada,

(2)  Clause 142 (2) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(3)  Clause 142 (2.1) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(4)  Clause 142 (3) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(5)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Commencement

17 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

SCHEDULE 1
ARCHITECTS ACT

The Schedule amends the Architects Act to establish a limited licence to engage in the practice of architecture. Conditions of a limited licence would be set out by regulations made under the Act. Consequential amendments are made throughout the Act, and to two other Acts, to reflect the addition of limited licences. These include the addition of an offence respecting the use of the title “Licensed Technologist” by a person who is not the holder of a limited licence or certificate of practice.

A number of housekeeping amendments are also made to the Act.

SCHEDULE 2
CANNABIS CONTROL ACT, 2017

The Schedule amends the Cannabis Control Act, 2017.

The Act is amended to prohibit the cultivation, propagation or harvesting of cannabis in dwellings in which child care, as defined in the Child Care and Early Years Act, 2014, is provided. An exception is provided for in-home services.

Currently, section 26 of the Act authorizes the Minister to enter into arrangements and agreements with a council of the band with respect to certain cannabis regulation issues on a reserve. Subsection 26 (3) is re-enacted to authorize the Lieutenant Governor in Council to make regulations to implement the arrangement or agreement. These regulations may modify or clarify the application of the Act, establish requirements that apply on a reserve and incorporate rules established by the council of the band. These regulations are subject to certain limits related to section 69 of the Cannabis Act (Canada).

SCHEDULE 3
CANNABIS LICENCE ACT, 2018

The Schedule amends the Cannabis Licence Act, 2018.

Currently, section 44 of the Act authorizes the Minister to enter into arrangements and agreements with a council of the band with respect to certain cannabis regulation issues on a reserve. Subsection 44 (1) is re-enacted to state that it applies to arrangements or agreements with respect to the sale of cannabis on a reserve. New subsection 44 (3) is added to authorize the Lieutenant Governor in Council to make regulations to implement the arrangement or agreement. These regulations may modify or clarify the application of the Act, establish requirements that apply on a reserve and incorporate rules established by the council of the band.

SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019

The Community Safety and Policing Act, 2019 is amended to change the French version of the term “special constable” from “agent spécial” to “constable spécial”. Related amendments are made to several other Acts.

Section 207 of the Act is amended to provide that certain disciplinary measures shall be expunged from a police officer’s employment record two years after they were imposed, instead of five years. The section is amended to only allow the extension of the retention period for disciplinary measures described in paragraph 1 or 3 of subsection 200 (1). applications Applications to the Commission Chair under that section must be made within the prescribed period. The Commission Chair is required to appoint an adjudicator within 30 days after the application is received, except in exceptional circumstances.

Section 220 of the Act is amended to repeal paragraph 5 of subsection 220 (1), which would apply the restriction in subsection 220 (2) to persons employed in a confidential capacity in relation to labour relations. The restriction in subsection 220 (2) is amended to apply only to positions that would likely give rise to a conflict of interest in engaging in or assisting with collective bargaining.

Section 262 of the Act, which sets out a consultation process for certain regulations, is repealed.

SCHEDULE 5
CORONERS ACT

The Schedule amends the Coroners Act.

Currently, subsection 10 (5) of the Act requires that an inquest be performed whenever a worker dies as a result of an accident occurring in the course of the worker’s employment at or in a mining plant, mine or construction project. This subsection is replaced with new requirements requiring notification of a coroner when a person in charge has reason to believe a worker died in the course of their employment at those sites. Inquests are mandatory for deaths at or in mining plants or mines. In the case of deaths at or in construction projects, the coroner shall investigate the circumstances of the death and determine whether an inquest ought to be held. A procedure for requesting an inquest in the case of a death at or in a construction project is set out.

New section 10.2 requires an annual review of all worker deaths in the previous calendar year resulting from an accident occurring in the course of the worker’s employment at or in a construction project. This includes a review of each of the deaths that occurred, a systemic examination of all such deaths and the development of recommendations to prevent further deaths. The Chief Coroner may assign the review of deaths to multiple coroners and may assign them at different times of the year. The Chief Coroner may also personally conduct a review. The Chief Coroner shall publish the reports from these reviews on a website of the Government of Ontario in accordance with the regulations.

SCHEDULE 6
COURTS OF JUSTICE ACT

The Schedule amends the Courts of Justice Act.

Clause 43 (9) (a) of the Act is amended so that the Judicial Appointments Advisory Committee is no longer required to include statistics on the cultural identity of candidates for appointment as provincial judges in its annual report.

Subsection 65 (2) of the Act is amended to change the composition of the Civil Rules Committee by removing the Chief Justice of the Ontario Court of Justice or their designate as a member and adding one associate judge appointed by the Chief Justice of the Superior Court of Justice. Consequential amendments are made to section 65.

Sections 65 and 67 of the Act are amended to add a new confidentiality obligation in relation to information or records held by the Ministry of the Attorney General that relate to the business of the Civil Rules Committee and the Family Rules Committee.

A new section 83 is added for the purposes of subsection 41 (1) of the Judges Act (Canada) to provide express authority for judges to attend meetings, conferences or seminars held for a purpose relating to the administration of justice.

Section 123 of the Act is amended to provide continuing jurisdiction for judges of the Ontario Court of Justice who are appointed to another court while presiding over certain hearings under the Child, Youth and Family Services Act, 2017, so that the hearings can be completed before the same judge despite the appointment.

Section 140 of the Act is amended to allow judges of both the Superior Court of Justice and the Court of Appeal to make orders related to vexatious proceedings. These orders may be made on the judge’s own initiative or on motion or application by any person. The rules for appeals and reviews of these orders are set out.

SCHEDULE 7
EVIDENCE ACT

The Evidence Act is amended by adding a new section that provides that the sharing of information between public sector bodies on a confidential basis does not affect or constitute a waiver of any privilege that applies with respect to the information.

SCHEDULE 8
EXECUTION ACT

The Execution Act is amended with respect to the electronic database maintained by the sheriff as the index of writs of execution.  The amendments include the imposition of additional requirements on the sheriff with respect to maintenance of the index.  For example, the sheriff is required to update the names of execution debtors as directed by the court.

The Act is also amended to provide that where a question arises in relation to the measures to be taken by a sheriff or any person assisting the sheriff in carrying out a writ of possession, the sheriff or any interested person may apply to the courta judge of the Superior Court of Justice for directions.

SCHEDULE 9
FAMILY LAW ACT

The Schedule amends the Family Law Act to provide express authority for the regulations establishing child support guidelines under the Act to do so by incorporating by reference the Federal Child Support Guidelines made under the Divorce Act (Canada).

SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997

The Fire Protection and Prevention Act, 1997 is amended to add a new section respecting administrative penalties. This new section authorizes prescribed authorized persons to make orders imposing administrative penalties on persons who have contravened prescribed provisions of the Act or the regulations. The new section also sets out a process for applying for review of these penalties, and various enforcement provisions.

The Lieutenant Governor in Council is given related regulation-making authorities.

SCHEDULE 11
JURIES ACT

The Schedule amends the Juries Act.

Subsection 5 (2) of the Act provides that the local sheriff is required to determine the number of persons in a jury area who need to be mailed a jury questionnaire or instructions on how to access one. Section 5 of the Act is amended to provide that the determination is to be made by the Jury Sheriff instead, but that the local sheriff may make recommendations to the Jury Sheriff respecting the determination.

Section 17 of the Act is amended to provide that the period by which a jury summons notice must be provided to a person does not apply if the Jury Sheriff determines that it is impossible or unreasonably difficult to comply with the timing requirement.

SCHEDULE 12
JUSTICES OF THE PEACE ACT

Clause 2.1 (13) (a) of the Justices of the Peace Act is amended so that the Justices of the Peace Appointments Advisory Committee is no longer required to include statistics on the cultural identity of candidates for appointment as justices of the peace in its annual report.

SCHEDULE 13
LAND TITLES ACT

The Land Titles Act is amended to remove obligations currently imposed under the Act on a sheriff to whom a writ of execution, a renewal of a writ of execution or a certificate of lien under the Bail Act is directed.  A consequential amendment to the Bail Act is also made.

SCHEDULE 14
LAW SOCIETY ACT

Subsection 51 (6) of the Law Society Act is re-enacted to provide that a person who has suffered a loss from an act of dishonesty on the part of a licensee and who wishes to receive a grant from the Compensation Fund must provide notice in writing of their loss to the Law Society within two years.

SCHEDULE 15
LEGISLATION ACT, 2006

The Schedule makes various amendments to the Legislation Act, 2006.

The commencement provisions of Acts may provide for provisions to come into force on a day to be named by proclamation of the Lieutenant Governor. These proclamations are issued pursuant to an order made by the Lieutenant Governor in Council.

Currently, the Act sets out rules that apply to these proclamations. The Schedule recreates and adapts these rules to provide for the Lieutenant Governor in Council making orders that name a day on which provisions of an Act come into force, without any need for an associated proclamation. These orders must be published on the e-Laws website promptly after they are made.

A new transition section allows these orders to be made for any provisions of an Act that are to come into force on a day to be named by proclamation. The section also provides for the continued validity of certain proclamations.

The Schedule also amends the Act respecting the commencement of regulations made under Acts. A deemed commencement rule is added to section 23 for regulations, corresponding with subsection 8 (2) for Acts. As well, a new section 23.1 is added to permit powers conferred by a regulation to be exercised before the regulation comes into force (but without effect for the most part). The new section corresponds with section 10 for Acts.

Clause 51 (1) (c) of the Act provides for an interpretive presumption that the repeal of an Act or revocation of a regulation does not affect an offence committed against the Act or regulation before its repeal or revocation, or any related penalty, forfeiture or punishment. The clause is re-enacted so that it applies with respect to any contraventions of an Act or regulation in addition to offences.

Finally, the Schedule makes various housekeeping amendments to the Act, including replacing descriptions of a date with the actual date and repealing a spent provision.

SCHEDULE 16
PROVINCIAL OFFENCES ACT

The Schedule amends sections 5 and 5.1 of the Provincial Offences Act with respect to how a defendant who is served with an offence notice may give notice of an intention to appear in court for the purpose of entering a plea and having a trial (section 5) or request a meeting with the prosecutor to discuss the resolution of the offence (section 5.1).

SCHEDULE 17
PUBLIC OFFICERS ACT

The Schedule repeals obsolete provisions of the Public Officers Act and of Acts that refer to the Public Officers Act.

SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995

Section 3 of the Victims’ Bill of Rights, 1995 establishes a cause of action permitting victims of crimes that are prescribed by the regulations to sue for emotional distress and related bodily harm arising from those crimes. Subsection 3 (2) of the Act is amended to add to the list of victims who are presumed to have suffered emotional distress.

Several amendments are made to the French version of the Act to update terminology.

SCHEDULE 19
REFERENCES TO THE CROWN

The Schedule amends various Acts respecting references to the Crown. In addition to making a number of amendments directly, the Schedule amends the Legislation Act, 2006 to add a new change power permitting non-substantive changes to be made to Ontario Acts and regulations, without the need for amendment, in order to reflect a change of reigning sovereign or to otherwise change the terminology used to refer to the Crown in accordance with Ontario drafting practices.

The Schedule makes other related changes, including,

  (a)  amending the Ministry of Government Services Act to change the name of the government printer from the Queen’s Printer for Ontario to the King’s Printer for Ontario, and making the necessary consequential amendments to other Acts; and

  (b)  amending the Barristers Act to change the title of Queen’s Counsel to King’s Counsel.

Bill 157 2024

An Act to amend various Acts in relation to the courts and other justice matters

CONTENTS

 

 

His 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 Enhancing Access to Justice Act, 2024.

 

SCHEDULE 1
ARCHITECTS ACT

1 (1)  Section 1 of the Architects Act is amended by adding the following definition:

“limited licence” means a limited licence to engage in the practice of architecture issued under this Act; (“permis restreint”)

(2)  The definition of “Minister” in section 1 of the Act is repealed and the following substituted:

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

2 (1)  Subsection 5 (1) of the Act is amended by striking out “Every person licensed by the Association” at the beginning and substituting “Every holder of a licence or limited licence”.

(2)  Subsection 5 (2) of the Act is amended by adding “or limited licence” after “licence”.

3 (1)  Paragraph 9 of subsection 7 (1) of the Act is repealed and the following substituted:

   9.  respecting any matter ancillary to the provisions of this Act with regard to the issuing, suspension and revocation of licences, limited licences, certificates of practice and temporary licences, and the requirements and qualifications for any of them, including but not limited to regulations,

          i.  respecting the scope, standards and conduct of any examination set or approved by the Council as a requirement for a licence or limited licence,

         ii.  respecting the curricula and standards of professional training programs and courses of study offered by the Council,

         iii.  respecting the academic, experience and other requirements for admission into professional training programs and courses of study,

        iv.  respecting the academic and experience requirements for the issuance of a licence or limited licence, and

         v.  establishing classes of licence and limited licence;

(2)  Paragraphs 10 and 11 of subsection 7 (1) of the Act are repealed and the following substituted:

10.  prescribing terms and conditions of licences, limited licences, certificates of practice and temporary licences;

(3)  Paragraph 13 of subsection 7 (1) of the Act is amended by striking out “and prescribing and requiring the use of forms of such returns” at the end and substituting “and governing the requirements”.

(4)  Paragraph 15 of subsection 7 (1) of the Act is amended by striking out “and prescribing and requiring the use of forms of such returns” at the end and substituting “and governing the requirements”.

(5)  Paragraph 30 of subsection 7 (1) of the Act is repealed and the following substituted:

30.  governing the continuing education of members of the Association, including,

          i.  providing for the development or approval of continuing education programs,

         ii.  requiring members to successfully complete or participate in such programs, and

         iii.  providing for sanctions for non-compliance, including suspension or cancellation of a member’s licence or limited licence until the member is in compliance, or the imposition of additional requirements in order to be considered to be in compliance;

(6)  Paragraph 33 of subsection 7 (1) of the Act is amended by striking out “licences, certificates of practice” and substituting “licences, limited licences, certificates of practice”.

4 Paragraph 23 of subsection 8 (1) of the Act is amended by striking out “licensing” and substituting “licences, limited licences”.

5 Clause 11 (1) (a) of the Act is amended by striking out “is licensed” and substituting “is the holder of a licence or limited licence”.

6 (1)  Clause 13 (1) (d) of the Act is amended by striking out “or is exempted therefrom by the Council” and substituting “subject to any exemption by the Council”.

(2)  Clause 13 (1) (e) of the Act is amended by striking out “or is exempted therefrom by the Council” at the end and substituting “subject to any exemption by the Council”.

7 The Act is amended by adding the following section:

Limited licence

13.1  (1)  The Registrar shall issue a limited licence to a natural person who applies in accordance with the regulations and,

  (a)  is of good character;

  (b)  is not less than 18 years of age;

  (c)  is a citizen of Canada or has the status of a permanent resident of Canada or is a member of an organization of architects that is recognized by the Council and that has objects, standards of practice and requirements for membership similar to those of the Association;

  (d)  has complied with the academic and experience requirements specified in the regulations for the issuance of a limited licence, subject to any exemption by the Council; and

  (e)  has passed such examinations and completed such courses of study as the Council may set or approve in accordance with the regulations, subject to any exemption by the Council.

Grounds for refusal to issue limited licence

(2)  The Registrar may refuse to issue a limited licence to an applicant if the Registrar is of the opinion, on reasonable and probable grounds, that the past conduct of the applicant affords grounds for belief that the applicant will not engage in the practice of architecture in accordance with the law and with honesty and integrity.

Referral to committees

(3)   Subsections 13 (3) to (6) (which relate to the Academic Requirements Committee and the Experience Requirements Committee) apply with necessary modifications in respect of an applicant for a limited licence.

Conditions

(4)  Every limited licence is subject to the conditions prescribed by the regulations.

8 Section 19 of the Act is amended by striking out “a licence or a certificate of practice” and substituting “a licence, limited licence or certificate of practice”.

9 The Act is amended by adding the following section:

Certificates of practice and limited licence holders

22.1  It is a condition of every certificate of practice that is held by a limited licence holder, or under which a limited licence holder personally supervises and directs the practice of architecture, that the certificate is subject to the same terms, conditions and limitations to which the limited licence is subject.

10 (1)  Clauses 25 (2) (a) and (b) of the Act are amended by striking out “the licence or the temporary licence” wherever it appears and substituting in each case “the licence, the limited licence or the temporary licence”.

(2)  The definition of “applicant” in subsection 25 (17) of the Act is amended by adding “or limited licence” after “issuance of a licence”.

11 Subsection 27 (1) of the Act is amended by striking out “every person who is licensed under this Act” and substituting “every member of the Association”.

12 (1)  Clause 34 (3) (a) of the Act is amended by striking out “the responsibilities of an architect” and substituting “the member’s or holder’s responsibilities under this Act”.

(2)  Clauses 34 (4) (a) and (b) of the Act are amended by striking out “the licence of the member” wherever it appears and substituting in each case “the licence or limited licence of the member”.

13 Subsection 37 (4) of the Act is amended by striking out “Arbitrations Act” and substituting “Arbitration Act, 1991”.

14 (1)  Subsection 42 (1) of the Act is amended by striking out “or whose membership has been cancelled for cause under a predecessor of this Act”.

(2)  Subsection 42 (2) of the Act is amended by striking out “or whose membership has been suspended for cause under a predecessor of this Act”.

(3)  Subsection 42 (5) of the Act is amended by striking out “or that a suspension or cancellation for cause under a predecessor of this Act be removed”.

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

Same

(2.1)  Every person who is not a holder of a limited licence or certificate of practice and who,

  (a)  uses the title “Licensed Technologist” or “technologue agréé” as an occupational designation;

  (b)  uses,

         (i)  an addition to or an abbreviation of the title “Licensed Technologist” or “technologue agréé”,

        (ii)  an occupational designation, or

       (iii)  a term, title, addition or description,

that will lead to the belief that the person may engage in the practice of architecture; or

  (c)  uses a seal that will lead to the belief that the person is a licensed technologist,

is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000.

(2)  Subsections 46 (5), (6) and (7) of the Act are amended by striking out “(2), (3)” wherever it appears and substituting in each case “(2), (2.1), (3)”.

16 Section 48 of the Act is repealed and the following substituted:

Onus of proof

48 If the holding of a licence, limited licence, certificate of practice or temporary licence, or acting under and in accordance with a certificate of practice, is required to permit the lawful doing of any act or thing, and in any prosecution it is proven that the defendant has done the act or thing, the burden of proving that the defendant held the licence, limited licence, certificate of practice or temporary licence or acted in accordance with a certificate of practice rests on the defendant.

17 The Act is amended by adding the following section:

Forms

50.1  The Registrar may approve forms for the purposes of this Act and require their use.

18 The Act is amended by striking out “licence, certificate of practice” and “a licence, a certificate of practice” wherever they appear and substituting in each case “licence, limited licence, certificate of practice” and “a licence, a limited licence, a certificate of practice” respectively, except in subsection 46 (2).

Home Inspection Act, 2017

19 Section 2 of the Home Inspection Act, 2017 is amended by striking out “a holder of a licence or certificate of practice” and substituting “a holder of a licence, limited licence or certificate of practice”.

Professional Engineers Act

20 The English version of the definition of “architect” in section 1 of the Professional Engineers Act is amended by striking out “a person who is licensed or who holds a certificate of practice” and substituting “a person who holds a licence, certificate of practice”.

Commencement

21 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Subsection 1 (1), section 2, subsections 3 (1), (2), (5) and (6), sections 4, 5, 7 to 12, 15, 16, 18 and 20 come into force on a day to be named by proclamation of the Lieutenant Governor.

(3)  Section 19 comes into force on the later of the day section 2 of Schedule 1 (Home Inspection Act, 2017) to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force and the day subsection 1 (1) of this Schedule comes into force.

 

SCHEDULE 2
CANNABIS CONTROL ACT, 2017

1 The Cannabis Control Act, 2017 is amended by adding the following section:

Child care settings

13.1  (1)  No person shall cultivate, propagate or harvest cannabis in a dwelling in which child care, as defined in the Child Care and Early Years Act, 2014, is provided.

Exception, in-home services

(2)  Subsection (1) does not apply to in-home services as defined in the Child Care and Early Years Act, 2014.

2 (1)  Subsection 23 (1) of the Act is amended by striking out “(2) to (7)” in the portion before clause (a) and substituting “(2) to (9)”.

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

Penalty: cultivation, propagation or harvesting in child care setting

(9)  A person who is convicted of contravening section 13.1 is liable,

  (a)  on a first conviction in respect of that section, to a fine of not more than $1,000; and

  (b)  on a subsequent conviction in respect of that section, to a fine of not more than $5,000.

3 Subsection 26 (3) of the Act is repealed and the following substituted:

Agreement implementation

(3)  To implement an arrangement or agreement entered into under subsection (1), the Lieutenant Governor in Council may make regulations,

  (a)  modifying or clarifying the application of a provision of this Act or the regulations to a person, place or thing, subject to any conditions or limitations;

  (b)  establishing requirements that apply to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve, subject to any conditions or limitations;

  (c)  specifying that rules established by the council of the band apply to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve, subject to any conditions or limitations.

Requirements for authorization, s. 69 of Cannabis Act (Canada)

(4)  If a regulation under subsection (3) authorizes the sale of cannabis by a person other than an authorized cannabis retailer, the arrangement or agreement is subject to the following requirements:

   1.  The only cannabis that may be sold or distributed under the arrangement or agreement is cannabis that has been produced by a person or entity that is authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes.

   2.  The arrangement or agreement must not allow for the sale or distribution of cannabis to an individual under 18 years of age.

   3.  The arrangement or agreement must require the keeping of appropriate records respecting the activities of persons authorized to sell cannabis.

   4.  The arrangement or agreement must require the taking of adequate measures to reduce the risk of cannabis being diverted to an illicit market or activity.

Access to rules established by the council of the band

(5)  A regulation made under clause (3) (c) that provides that rules established by the council of the band apply on a reserve shall either contain the rules or incorporate them by reference.

Definitions

(6)  In this section,

“council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)

“Indian” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“Indien”)

“reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve. (“réserve”)

Commencement

4 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

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

 

SCHEDULE 3
CANNABIS LICENCE ACT, 2018

1 (1)  Subsection 44 (1) of the Cannabis Licence Act, 2018 is repealed and the following substituted:

Agreement with council of the band

(1)  Subject to subsection (2) and to the approval of the Lieutenant Governor in Council, the Minister may, on behalf of the Crown, enter into arrangements and agreements with a council of the band with respect to the sale of cannabis on a reserve, including the licensing, authorization and regulation of retail stores, or the enforcement of this Act and the regulations on a reserve.

(2)  Section 44 of the Act is amended by adding the following subsections:

Agreement implementation

(3)  To implement an arrangement or agreement entered into under subsection (1), the Lieutenant Governor in Council may make regulations,

  (a)  modifying or clarifying the application of a provision of this Act or the regulations to a person, place or thing, subject to any conditions or limitations;

  (b)  establishing requirements that apply to the sale of cannabis on a reserve, subject to any conditions or limitations;

  (c)  specifying that rules established by the council of the band apply to the sale of cannabis on a reserve, subject to any conditions or limitations.

Access to rules established by the council of the band

(4)  A regulation made under clause (3) (c) that provides that rules established by the council of the band apply on a reserve shall either contain the rules or incorporate them by reference.

2 Clause 49 (1) (s) of the Act is repealed and the following substituted:

  (s)  exempting any person, place or thing from this Act or the regulations or any provision of this Act or the regulations or providing that this Act or the regulations or any provision of this Act or the regulations does not apply in respect of any person, place, thing or circumstance, and prescribing conditions or restrictions for the exemption or non-application.

Commencement

3 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019

1 The French version of the definition of “special constable” in subsection 2 (1) of the Community Safety and Policing Act, 2019 is repealed.

2 The French version of subsection 2 (1) of the Act is amended by adding the following definition:

«constable spécial» Personne nommée à titre de constable spécial en vertu de l’article 92. («special constable»)

3 The French version of the Act is amended by striking out,

  (a)  “à l’agent spécial” wherever it appears and substituting in each case “au constable spécial”;

  (b)  “d’agent spécial” wherever it appears and substituting in each case “de constable spécial”;

  (c)  “de l’agent spécial” wherever it appears and substituting in each case “du constable spécial”;

  (d)  “l’agent spécial” wherever it appears and substituting in each case “le constable spécial”;

  (e)  “agent spécial” wherever it appears and substituting in each case “constable spécial”;

  (f)  “d’agents spéciaux” wherever it appears and substituting in each case “de constables spéciaux”; and

  (g)  “agents spéciaux” wherever it appears and substituting in each case “constables spéciaux”.

4 Subsection 207 (4) of the Act is repealed and the following substituted:

Hearing

(4)  A chief of police may apply to the Commission Chair to appoint an adjudicator to hold a hearing for the purpose of determining whether a record should be retained for longer than five years as a result of extenuating circumstances.

Application timing

(4.1)  An application under subsection (4) must be made within the prescribed period, if such a period has been prescribed.

Appointment of adjudicator

(4.2)  The Commission Chair shall appoint an adjudicator within 30 days after the day the application was received, except in exceptional circumstances.

4 Subsections 207 (1) to (4) of the Act are repealed and the following substituted:

Expunging of record

(1)  A chief of police shall expunge an entry made in a police officer’s employment record respecting a disciplinary measure two years after the day the disciplinary measure was imposed if,

  (a)  the disciplinary measure is described in paragraph 2, 3, 4, 5 or 6 of subsection 200 (1); and

  (b)  no other entries relating to disciplinary measures were entered into the officer’s employment record in the two years following that day.

Same

(2)  A chief of police shall expunge an entry made in a police officer’s employment record respecting a disciplinary measure five years after the day the disciplinary measure was imposed if,

  (a)  the disciplinary measure is described in paragraph 1 of subsection 200 (1); and

  (b)  no other entries relating to disciplinary measures were entered into the officer’s employment record in the five years following that day.

Extension

(3)  Despite subsections (1) and (2), a record of a disciplinary measure that is described in paragraph 1 or 3 of subsection 200 (1) may be retained in a police officer’s employment record for longer than two years or five years, as applicable, if,

  (a)  the officer consents to the extension; or

  (b)  the adjudicator orders that the period be extended after conducting a hearing under this section.

Hearing

(4)  A chief of police may apply to the Commission Chair to appoint an adjudicator to hold a hearing for the purpose of determining whether a record described in subsection (3) should be retained for longer than two years or five years, as applicable, as a result of extenuating circumstances.

Application timing

(4.1)  An application under subsection (4) must be made within the prescribed period, if such a period has been prescribed.

Appointment of adjudicator

(4.2)  The Commission Chair shall appoint an adjudicator within 30 days after the day the application was received, except in exceptional circumstances.

4.1  (1)  Paragraph 5 of subsection 220 (1) of the Act is repealed.

(2)  Subsection 220 (2) of the Act is amended by striking out “conflict of interest in respect of labour relations matters” at the end and substituting “conflict of interest in engaging in or assisting with collective bargaining”.

5 Section 262 of the Act is repealed.

Coroners Act

6 (1)  The French version of the definitions of ““auxiliary member”, “First Nation Officer”, “police service” and “special constable”” in subsection 1 (1) of the Coroners Act are repealed.

(2)  The French version of subsection 1 (1) of the Act is amended by adding the following definitions:

«agent de Première Nation», «constable spécial», «membre auxiliaire» et «service de police» S’entendent au sens de la Loi de 2019 sur la sécurité communautaire et les services policiers. («First Nation Officer», «special constable», «auxiliary member», «police service»)

(3)  The French version of subsection 10 (4.6.1) of the Act is amended by striking out,

  (a)  “agent spécial” in the portion before clause (a) and substituting “constable spécial”; and

  (b)  “l’agent spécial” in clause (a) and substituting “le constable spécial”.

(4)  The French version of clause 10 (4.6.2) (c) of the Act is amended by striking out “agent spécial” and substituting “constable spécial”.

Dog Owners’ Liability Act

7 The French version of paragraph 1 of section 12 of the Dog Owners’ Liability Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Interprovincial Policing Act, 2009

8 The French version of section 39 of the Interprovincial Policing Act, 2009 is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Provincial Offences Act

9 The French version of the definition of “police officer” in subsection 1 (1) of the Provincial Offences Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Special Investigations Unit Act, 2019

10 (1)  The French version of clause (b) of the definition of “official” in subsection 1 (1) of the Special Investigations Unit Act, 2019 is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

(2)  The French version of subclause 15 (2) (b) (i) of the Act is amended by striking out “agent spécial” and substituting “constable spécial”.

Workplace Safety and Insurance Act, 1997

11 (1)  The French version of the definition of “police officer” in subsection 14 (1) of the Workplace Safety and Insurance Act, 1997 is amended by striking out “agent spécial” and substituting “constable spécial”.

(2)  The French version of paragraph 17 of subsection 14 (2) of the Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Commencement

12 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Sections 1 to 41 to 4.1 and 6 to 11 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 5
CORONERS ACT

1 Subsection 10 (5) of the Coroners Act is repealed and the following substituted:

Notice of death resulting from accident at or in mining plant or mine and inquest

(5)  A person in charge of a mining plant or mine, including a pit or quarry, who has reason to believe that a worker died as a result of an accident occurring in the course of the worker’s employment at or in the mining plant or mine shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.

Notice of death resulting from accident at or in construction project

(5.1)  A person in charge of a construction project who has reason to believe that a worker died as a result of an accident occurring in the course of the worker’s employment at or in the construction project shall immediately give notice of the death to a coroner.

Investigation of death resulting from accident at or in construction project

(5.2)  After receiving notice of a death described in subsection (5.1), the coroner shall investigate the circumstances of the death and if, as a result of the investigation, the coroner is of the opinion that an inquest ought to be held, the coroner shall hold an inquest upon the body.

Request for inquest in case of accident at or in construction project

(5.3)  The following rules apply if a coroner determines that an inquest is unnecessary into the death of a worker who is believed to have died as a result of an accident occurring in the course of the worker’s employment at or in a construction project:

   1.  The spouse, parent, child, brother, sister or personal representative of the deceased person may request the coroner in writing to hold an inquest.

   2.  If the coroner receives a request described in paragraph 1 before or within one year after the day an annual review under section 10.2 that reviews the death is made available to the public, section 26 does not apply to the request and instead the coroner shall hold an inquest upon the body.

   3.  If the coroner receives a request described in paragraph 1 after the deadline described in paragraph 2, section 26 applies to the request.

Transition

(5.4)  Subsections (5.2) and (5.3) apply to the death of a worker that occurred in the course of the worker’s employment at or in a construction project before the day section 1 of Schedule 5 to the Enhancing Access to Justice Act, 2024 came into force if an inquest upon the body has not already commenced before that day.

2 The Act is amended by adding the following section:

Annual review of construction deaths

10.2  (1)  In each calendar year, the Chief Coroner shall assign one or more coroners to conduct a review of each of any worker deaths in the previous calendar year resulting from an accident that occurred in the course of the worker’s employment at or in a construction project.

Power to assign to review

(2)  The Chief Coroner may,

  (a)  group different deaths together and assign different coroners to conduct reviews of each group of deaths;

  (b)  assign a single coroner or a team of coroners to conduct the same review;

  (c)  assign coroners to review different groups of deaths at different times of the year, so long as all of the worker deaths in the previous calendar year resulting from an accident occurring in the course of the workers’ employment at or in a construction project are assigned to coroners for review by the end of the current calendar year;

  (d)  revoke the assignment of a coroner or team of coroners to a review and replace them with other coroners; or

  (e)  personally conduct a review.

Deferred review of deaths

(3)  The Chief Coroner may direct that a death shall not be included in the annual review for the calendar year in which the death occurred and shall instead be deferred to review in a later calendar year if,

  (a)  the death is the subject of an ongoing investigation, prosecution or inquest; or

  (b)  the Chief Coroner otherwise determines that it would be inappropriate for the death to be included in the annual review.

Scope of review

(4)  A coroner or team of coroners conducting a review under this section shall,

  (a)  examine the circumstances of each of the deaths subject to their review;

  (b)  to the extent possible, conduct a systemic examination of the circumstances of all of the deaths subject to their review and, if the coroner or team of coroners consider it appropriate, related deaths that are not subject to their review;

  (c)  to the extent possible, identify any common issues among the deaths that are subject to their review; and

  (d)  develop recommendations for the prevention of further deaths.

Powers

(5)  In conducting a review under this section, a coroner may,

  (a)  consult with any person that has information relevant to their review or who may be affected by their review, including, without limitation,

         (i)  the family of the deceased,

        (ii)  any person undertaking the construction project where the death occurred, and

       (iii)  any organization that represents workers at the construction project where the death occurred;

  (b)  require a person with knowledge about the deceased or of the death to provide information about the facts and circumstances relating to the deceased or the death that the coroner considers necessary for the purposes of conducting their review; and

  (c)  inspect and extract information from any records or writings relating to the deceased or his or her circumstances.

Expert assistance

(6)  Subject to approval of the Chief Coroner, a coroner conducting a review under this section may obtain assistance or retain expert services to assist with their review.

Disclosure of personal information

(7)  A coroner conducting a review under this section shall not disclose personal information to any person who is being consulted or who is providing assistance or expert services for their review if other information will permit the coroner to solicit their input or obtain their assistance or services.

Personal information limited to what is reasonably necessary

(8)  A coroner conducting a review under this section shall not disclose more personal information to any person who is being consulted or who is providing assistance or expert services for the coroner’s review than is reasonably necessary to solicit their input or obtain their assistance or services.

Use and disclosure

(9)  A person who receives personal information from a coroner conducting a review under this section shall not use the information except for the purposes for which they received the information and shall not disclose the information except as required by law.

Results of review

(10)  A coroner or team of coroners conducting a review under this section shall submit a report containing the following information to the Chief Coroner in the form and manner and within the time specified by the Chief Coroner:

   1.  The coroner’s or team of coroners’ conclusions in respect of the circumstances of each of the deaths subject to their review.

   2.  The coroner’s or team of coroners’ conclusions in respect of the systemic examination described in clause (4) (b).

   3.  A description of any common issues identified by the coroner or team of coroners among the deaths that are subject to their review.

   4.  The coroner’s or team of coroners’ recommendations to prevent further deaths.

Timing

(11)  The report described in subsection (10) must be submitted on or before June 30th of the calendar year following the calendar year in which the coroner or team of coroners was assigned to the review.

Publication

(12)  The Chief Coroner shall, in accordance with the regulations, if any, make the report or reports provided under subsection (10) available to the public on a website of the Government of Ontario.

Notice of specific recommendations

(13)  The Chief Coroner shall notify a person or entity of any recommendation in a review conducted under this section that is directed at the person or entity.

Rules and directions

(14)  A coroner conducting a review under this section shall comply with any rules or directions respecting the reviews issued by the Chief Coroner.

Offence

(15)  No person shall wilfully use or disclose personal information in contravention of subsection (7), (8) or (9).

Penalty

(16)  Every person who contravenes subsection (15) is guilty of an offence and is liable on conviction,

  (a)  in the case of a first offence, to a fine of not more than $25,000; or

  (b)  in the case of a second or subsequent offence, to a fine of not more than $50,000.

Transition

(17)  Despite subsection (1), in the year in which section 2 of Schedule 5 to the Enhancing Access to Justice Act, 2024 comes into force, the review required by subsection (1) shall include a review of any worker deaths resulting from an accident that occurred in the course of the worker’s employment at or in a construction project,

  (a)  for which this Act, as it read at the time that notification of the death was provided to a coroner, required that an inquest upon the body be held; and

  (b)  for which an inquest upon the body had not commenced as of the day section 2 of Schedule 5 to the Enhancing Access to Justice Act, 2024 comes into force.

Same, deferral

(18)  For greater certainty, the Chief Coroner may defer the review of a death described in subsection (17) to a later calendar year in accordance with subsection (3).

3 Subsection 56 (2) of the Act is amended by adding the following clause:

(0.a) governing the publication of reports made under section 10.2, including by prescribing a date by which reports must be published or prescribing the website or websites on which the reports must be published;

Commencement

4 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 6
COURTS OF JUSTICE ACT

1 Clause 43 (9) (a) of the Courts of Justice Act is amended by striking out “cultural identity”.

2 (1)  Clause 65 (2) (a.2) of the Act is repealed.

(2)  Subsection 65 (2) of the Act is amended by adding the following clause:

(d.1) one associate judge, who shall be appointed by the Chief Justice of the Superior Court of Justice;

(3)  Subsections 65 (4) and (5) of the Act are amended by striking out “(c), (f)” wherever it appears and substituting in each case “(c), (d.1), (f)”.

(4)  Section 65 of the Act is amended by adding the following subsections:

Information to be maintained in confidence

(7)  The Ministry of the Attorney General shall maintain in confidence any records or other information collected, prepared, maintained or used by the Ministry in relation to the business of the Civil Rules Committee and shall not disclose any such records or information unless the disclosure has been authorized by the Attorney General and approved by the chair of the Committee.

Prevails over FIPPA

(8)  Subsection (7) prevails over the Freedom of Information and Protection of Privacy Act.

Delegation

(9)  The Attorney General may, in writing, delegate the power to authorize disclosures in subsection (7) to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Transition

(10)  If a request for access to a record described in subsection (7) was made to the Attorney General under the Freedom of Information and Protection of Privacy Act on or after the day the Enhancing Access to Justice Act, 2024 received first reading and a decision about disclosure of the record has not been made by the date on which subsection 2 (4) of Schedule 6 to the Enhancing Access to Justice Act, 2024 comes into force, subsections (7) to (9) of this section apply to the request.

3 Section 67 of the Act is amended by adding the following subsections:

Information to be maintained in confidence

(7)  The Ministry of the Attorney General shall maintain in confidence any records or other information collected, prepared, maintained or used by the Ministry in relation to the business of the Family Rules Committee and shall not disclose any such records or information unless the disclosure has been authorized by the Attorney General and approved by the chair of the Committee.

Prevails over FIPPA

(8)  Subsection (7) prevails over the Freedom of Information and Protection of Privacy Act.

Delegation

(9)  The Attorney General may, in writing, delegate the power to authorize disclosures in subsection (7) to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Transition

(10)  If a request for access to a record described in subsection (7) was made to the Attorney General under the Freedom of Information and Protection of Privacy Act on or after the day the Enhancing Access to Justice Act, 2024 received first reading and a decision about disclosure of the record has not been made by the date on which section 3 of Schedule 6 to the Enhancing Access to Justice Act, 2024 comes into force, subsections (7) to (9) of this section apply to the request.

4 The Act is amended by adding the following section:

Attendance at meetings, conferences and seminars

83 For the purposes of subsection 41 (1) of the Judges Act (Canada), a judge of the Court of Appeal, the Superior Court of Justice or the Family Court may, in that capacity, attend a meeting, conference or seminar that is held for a purpose relating to the administration of justice, with the approval of,

  (a)  the Chief Justice of Ontario, in the case of a judge of the Court of Appeal; or

  (b)  the Chief Justice of the Superior Court of Justice, in any other case.

5 Subsection 94 (2) of the Act is repealed.

6 Section 123 of the Act is amended by adding the following subsection:

Certain hearings under the Child, Youth and Family Services Act, 2017

(8)  If a judge in the Ontario Court of Justice who is presiding over a hearing under Part V, VII or VIII of the Child, Youth and Family Services Act, 2017 for a final order respecting a matter is appointed to another court, the judge continues to have jurisdiction to complete the hearing and give a decision in the matter.

7 (1)  Subsection 140 (1) of the Act is repealed and the following substituted:

Vexatious proceedings

(1)  If a judge of the Superior Court of Justice or of the Court of Appeal is satisfied that a person has persistently and without reasonable grounds instituted vexatious proceedings in any court or conducted a proceeding in any court in a vexatious manner, the judge may make an order that includes any of the following terms:

   1.  No further proceeding may be instituted by the person in any court, except by leave of a judge of the Superior Court of Justice.

   2.  No proceeding previously instituted by the person in any court shall be continued, except by leave of a judge of the Superior Court of Justice.

   3.  Any other term that is just.

Procedure

(2)  An order under subsection (1) may be made on the judge’s own initiative or on motion or application by any person, as provided in the rules of court.

Notice required

(2.1)  An order under subsection (1) may only be made on notice to the person who is the subject of the order, as provided in the rules of court.

Branches of the Superior Court of Justice

(2.2)  An order of the Superior Court of Justice under subsection (1) may be made by a judge presiding in any branch of that court.

Appeals and reviews

(2.3)  The following rules apply with respect to an order made under subsection (1):

   1.  If the order was made by a judge of the Superior Court of Justice, an appeal of the order lies to a panel of the Court of Appeal.

   2.  If the order was made by a judge of the Court of Appeal, a panel of the Court of Appeal may, on motion, set aside or vary the decision.

   3.  For greater certainty, leave is not required to bring an appeal under paragraph 1 or a motion under paragraph 2, unless the court orders otherwise.

(2)  Section 140 of the Act is amended by adding the following subsection:

Deputy judges

(6)  For greater certainty, a reference to a judge of the Superior Court of Justice in this section does not include a reference to a deputy judge.

Commencement

8 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Section 7 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 7
EVIDENCE ACT

1 The Evidence Act is amended by adding the following section:

Sharing of information within public sector not affecting privilege

30.1  (1)  In this section,

“public sector body” means,

  (a)  the Crown in right of Ontario,

  (b)  a Crown agency as defined in the Crown Liability and Proceedings Act, 2019,

  (c)  a Crown corporation as defined in the Crown Liability and Proceedings Act, 2019, or

  (d)  any person, body or office specified by the regulations made under subsection (7).

Privilege not waived, affected

(2)  If a public sector body shares information on a confidential basis with another public sector body, the sharing does not constitute a waiver of, or otherwise affect, any privilege that applies with respect to the information.

Same

(3)  For the purposes of subsection (2), privilege includes solicitor-client privilege, litigation privilege, settlement privilege and public interest immunity.

Same

(4)  Subsection (2) applies regardless of whether the public sector body is required to share the information.

Retroactive application

(5)  This section is deemed to have applied with respect to any sharing of information between public sector bodies before the day the Enhancing Access to Justice Act, 2024 received Royal Assent.

Same

(6)  In the case of a person, body or office that becomes a public sector body after the day the Enhancing Access to Justice Act, 2024 receives Royal Assent, this section is also deemed to have applied with respect to any sharing of information with or by the person, body or office before becoming a public sector body.

Regulations

(7)  The Lieutenant Governor in Council may make regulations prescribing persons, bodies or offices for the purposes of clause (d) of the definition of “public sector body” in subsection (1).

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 8
EXECUTION ACT

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

When writs of execution are binding

Definition

(0.1)  In this section and section 11,

“index” means the electronic database maintained by the sheriff as the index of writs of execution.

(2)  Subsection 10 (1) of the Act is amended by striking out “electronic database maintained by the sheriff as the index of writs of execution” at the end and substituting “index”.

(3)  Clause 10 (2) (a) of the Act is amended by striking out “electronic database maintained as the index of writs of execution” and substituting “index”.

(4)  Subsections 10 (4) and (5) of the Act are repealed and the following substituted:

Obligations of sheriff re index

(4)  A sheriff shall comply with the following requirements respecting the index:

   1.  If a writ of execution, a renewal of a writ of execution or a certificate of lien under the Bail Act is directed to the sheriff, the sheriff shall, upon receiving from or on behalf of the judgment creditor the required fee in accordance with the Administration of Justice Act and instructions to do so, promptly take the following actions:

          i.  Enter in the index the writ, renewal or certificate of lien, as the case may be.

         ii.  If applicable, indicate in the index that the writ, renewal or certificate of lien, as the case may be, affects real property governed by the Land Titles Act.

   2.  A sheriff shall assign consecutive numbers in the index to each writ and certificate of lien in the order in which the writs and certificates of lien are entered.

   3.  A sheriff shall note in the index the effective date of each writ, renewal and certificate of lien.

   4.  In the case of a renewal, a sheriff shall extend the expiry date by the period required under the applicable rule or statute.

   5.  A sheriff shall update the names of execution debtors in the index as directed by the court.

   6.  A sheriff shall note in the index any statutory declaration filed under clause 11 (1) (b).

   7.  A sheriff shall give the land registrar of each land titles division wholly or partially within the sheriff’s jurisdiction access to the index.

(5)  Subsection 10 (6) of the Act is amended by striking out “electronic database maintained by the sheriff as the index of writs of execution” at the end and substituting “index”.

(6)  Subsection 10 (7) of the Act is repealed.

2 Subsection 11 (2) of the Act is amended by striking out “received for execution and recorded by the sheriff” at the end and substituting “noted in the index”.

3 Section 21 of the Act is amended by adding the following subsection:

Application to court for directions

(3)  Where a question arises in relation to the measures to be taken by a sheriff or any person assisting the sheriff in carrying out a writ of possession, the sheriff or any interested person may apply to the courta judge of the Superior Court of Justice for directions.

Commencement

4 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 9
FAMILY LAW ACT

1 Section 69 of the Family Law Act is amended by adding the following subsection:

Same

(3.1)  The power to make a regulation under subsection (2) may be exercised by incorporating by reference all or part of the Federal Child Support Guidelines made under the Divorce Act (Canada) as they are amended from time to time and with any changes that the regulations may specify.

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997

1 The Fire Protection and Prevention Act, 1997 is amended by adding the following section:

Administrative penalties

Purpose

30.2  (1)  The purpose of an administrative penalty imposed under this section is to promote compliance with the requirements established by this Act and the regulations.

Order imposing administrative penalties

(2)  If a prescribed authorized person is satisfied that a person is contravening or not complying with a prescribed provision of this Act or the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.

Content of order

(3)  The order imposing an administrative penalty shall be in writing and shall include the following information:

   1.  The particulars of the contravention of this Act or the regulations.

   2.  The date and time by which payment of the administrative penalty must be made.

   3.  The amount payable and how payment of the administrative penalty may be made.

   4.  The right to request a review of the administrative penalty order.

Maximum administrative penalty

(4)  An administrative penalty for a contravention of this Act or the regulations shall not exceed the following amounts:

   1.  For a contravention by an individual, $10,000 or such lesser amount as may be prescribed.

   2.  For a contravention by a person other than an individual, $100,000 or such lesser amount as may be prescribed.

Administrative penalty may be imposed with other measures

(5)  An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act, and may be imposed in conjunction with a fine imposed for the same infraction.

Limitation

(6)  An administrative penalty shall not be imposed more than one year after the contravention first came to the knowledge of the prescribed authorized person.

Deadline to pay penalty

(7)  A person who has received an order imposing an administrative penalty shall pay the penalty within 30 days after the day the order was served, subject to any stays of the order described in subsection (12).

No right to be heard

(8)  There is no right to be heard before an order imposing an administrative penalty is made.

Right to review

(9)  A person who has received an order imposing an administrative penalty may submit a request for a review of the order to a prescribed reviewer.

Time to submit request for review

(10)  A request for review under subsection (9) must be submitted to the reviewer within 30 days after the order is served.

If review requested

(11)  If a person who has received an order imposing an administrative penalty requests a review under subsection (9), the reviewer shall conduct the review in accordance with the regulations.

Stay of order

(12)  A review commenced under subsection (9) operates as a stay of the order until the matter is finally disposed of.

Decision of reviewer

(13)  After conducting the review, the reviewer may,

  (a)  find that the person did not contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and rescind the order imposing the administrative penalty;

  (b)  find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and affirm the order imposing the administrative penalty; or

  (c)  find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances and, in that case, the reviewer shall amend the order imposing the administrative penalty by reducing the amount of the penalty.

Decision final

(14)  The reviewer’s decision is final.

Payment after review

(15)  If the reviewer finds under clause (13) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the order imposing the administrative penalty, the person shall pay the penalty required by the reviewer within 30 days after the day the decision was made.

Enforcement by court

(16)  If an order imposing an administrative penalty has been issued under this section to a person and the penalty is not paid by the applicable deadline, the order imposing the administrative penalty or the reviewer’s decision, as the case may be, may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court.

Postjudgment interest

(17)  Section 129 of the Courts of Justice Act applies in respect of an order or decision filed in the Superior Court of Justice under subsection (16) and the date on which the order or decision is filed under subsection (19) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

Municipal enforcement

(18)  If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a municipality and the penalty is not paid within 15 days after the applicable deadline, the treasurer of the municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the municipality for which all of the owners are responsible for paying the administrative penalty and collect it in the same manner as municipal taxes.

Enforcement in territory without municipal status

(19)  If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a territory without municipal organization and the penalty is not paid within 15 days after the applicable deadline, the prescribed authorized person who issued the order shall notify the Minister of Finance when,

  (a)  the time limit for submitting a request for review of the order has expired and no review has been requested; or

  (b)  a review of the order was requested and the reviewer confirmed or amended the order under clause (13) (b) or (c).

Same

(20)  When the Minister of Finance receives notice of an order under subsection (19), the amount of the administrative penalty may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax imposed under that Act.

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

L. G. in C.

(1.1)  The Lieutenant Governor in Council may make regulations governing administrative penalties that may be imposed under section 30.2, and, without limiting the foregoing, may make regulations,

  (a)  prescribing provisions of this Act and of the regulations for the purpose of subsection 30.2 (2);

  (b)  prescribing authorized persons for the purpose of section 30.2, which may include authorizing municipalities to appoint prescribed authorized persons;

  (c)  prescribing the amount of a penalty, or a method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria;

  (d)  authorizing prescribed authorized persons to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection 30.2 (2), including prescribing that the criteria may include aggravating or mitigating factors;

  (e)  authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues;

   (f)  authorizing higher penalties for a second or subsequent contravention or failure to comply;

  (g)  governing the payment of penalties and authorizing prescribed authorized persons to approve a plan of periodic payments that extends beyond the deadline;

  (h)  authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes;

   (i)  prescribing a lesser maximum penalty and the provisions of this Act or the regulations to which the lesser maximum penalty applies;

   (j)  prescribing and governing procedures for making and serving an order under section 30.2, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario;

  (k)  governing the review of an order, including,

         (i)  prescribing persons or entities as reviewers, which may include authorizing municipalities to appoint the reviewers,

        (ii)  establishing procedures for commencing and conducting a review,

       (iii)  establishing time limits for the stages of a review and authorizing the reviewer to extend any time limit,

       (iv)  prescribing that the review must or may be conducted orally, electronically or in writing or authorizing the reviewer to make that determination, and

        (v)  establishing criteria to be considered and criteria not to be considered by the reviewer when determining what decision to make;

   (l)  prescribing the form and content of orders under section 30.2;

(m)  prescribing circumstances in which a person is not required to pay an administrative penalty;

  (n)  providing that an administrative penalty is payable to a prescribed person rather than to the Minister of Finance, and is a debt due to the person to whom it is payable;

  (o)  providing for other matters to carry out the purpose of section 30.2.

Commencement

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

 

SCHEDULE 11
JURIES ACT

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

Required number of jury questionnaires

(2)  The Jury Sheriff shall determine the number of persons in the jury area who need to be mailed a jury questionnaire or instructions to access a jury questionnaire in order to attain the aggregate number of persons described in clause (1) (c).

Recommendation of local sheriff

(3)  The local sheriff may make recommendations to the Jury Sheriff respecting determinations under subsection (2).

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

Notice

Summoning jurors 28 days before attendance required

(1)  The Jury Sheriff shall summon every person on the panel list to serve on juries by mailing to the person a notice in the prescribed form at least 28 days before the day on which the person is to attend.

Shortened period

(1.1)  The 28-day period referred to in subsection (1) does not apply if,

  (a)  the Jury Sheriff is directed to randomly select and summon additional jurors under this Act; or

  (b)  the Jury Sheriff determines that adherence to the 28-day period is impossible or unreasonably difficult.

Commencement

3 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 12
JUSTICES OF THE PEACE ACT

1 Clause 2.1 (13) (a) of the Justices of the Peace Act is amended by striking out “cultural identity”.

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 13
LAND TITLES ACT

1 Clause 35 (a) of the Land Titles Act is repealed and the following substituted:

  (a)  search against the patentee for writs of execution and other liens in the electronic database maintained by the sheriff who has territorial jurisdiction for the land titles division where the land registrar made the entry as the index of writs of execution; and

2 The French version of section 135 of the Act is amended by striking out “domicile élu” wherever it appears and substituting in each case “adresse aux fins de signification”.

3 (1)  Subsections 136 (1), (2) and (3) of the Act are repealed and the following substituted:

Executions

Definition

(1)  In this section,

“index” means the electronic database maintained by the sheriff as the index of writs of execution.

When land is bound

(2)  No registered land is bound by any writ of execution or any certificate of lien under the Bail Act until the sheriff to whom it is directed has complied with subsection 10 (4) of the Execution Act with respect to the writ of execution or certificate of lien, as the case may be.

Transfer void

(3)  No sale or transfer under a writ of execution or certificate of lien mentioned in subsection (2) is valid as against a person purchasing for valuable consideration before the sheriff has complied with subsection 10 (4) of the Execution Act with respect to the writ of execution or certificate of lien, as the case may be, although the purchaser may have had notice of the writ or certificate of lien, as the case may be.

(2)  Subsection 136 (6) of the Act is amended by striking out “subsection (1)” and substituting “subsection (2)”.

(3)  Subsections 136 (7) and (8) of the Act are repealed and the following substituted:

Where writ not binding

(7)  A writ of execution or certificate of lien mentioned in subsection (2) does not bind land being transferred or charged as against the transferee or chargee if the following criteria are satisfied:

   1.  The land registrar decides that the name of the execution debtor appearing in the writ or certificate of lien, as the case may be, and the name of the registered owner as it appears in the records of the land registry office of the land registrar do not represent the same person.

   2.  The land registrar does one of the following:

          i.  In the case of a charge, issues a certificate to the effect that the land registrar has made the decision described in paragraph 1.

         ii.  In the case of a transfer, registers the transfer free of the writ or certificate of lien, as the case may be.

Amendment to Bail Act

4 Section 2 of the Bail Act is amended by striking out “subsection 136 (1) of the Land Titles Act” and substituting “subsection 10 (4) of the Execution Act”.

Commencement

5 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 14
LAW SOCIETY ACT

1 Subsection 51 (6) of the Law Society Act is repealed and the following substituted:

Conditions of grants

(6)  No grant shall be made out of the Fund unless notice in writing of the loss is received by the Society within two years after the loss came to the knowledge of the person suffering the loss.

Commencement

2 This Schedule comes into force on the day Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 15
LEGISLATION ACT, 2006

1 Subsection 8 (3) of the Legislation Act, 2006 is repealed and the following substituted:

Provisions coming into force on a day to be named by order

(3)  If an Act provides that any provisions of an Act are to come into force on a day to be named by order of the Lieutenant Governor in Council, the following rules apply to such an order:

   1.  Orders may be issued at different times for different parts, portions or sections of those provisions.

   2.  The order may be amended or revoked by a further order of the Lieutenant Governor in Council.

   3.  The order may be amended or revoked before the date named by the order, but not on or after that date.

   4.  If the order names different dates for different provisions, the order may be amended or revoked with respect to a particular provision before the date named for that provision, but not on or after that date.

Effect of amendment to order

(4)  For greater certainty, the dates referred to in paragraphs 3 and 4 of subsection (3) are the dates as amended by any amendments to that order.

2 The Act is amended by adding the following section:

Transition — provisions to come into force on proclamation

8.1  (1)  A provision of an Act that is to come into force on a day to be named by proclamation of the Lieutenant Governor is deemed to be a provision that is to come into force on a day to be named by order of the Lieutenant Governor in Council.

Same

(2)  A proclamation that names a day on which any provisions of an Act are to come into force may be amended by order of the Lieutenant Governor in Council in accordance with the rules set out in section 8, with necessary modifications.

Continued validity of issued proclamations

(3)  Any proclamation that names a day on which provisions of an Act are to come into force and that was issued on or before the day that is 30 days after the day this section came into force continues to be valid.

3 (1)  Clause 10.1 (1) (a) of the Act is repealed and the following substituted:

  (a)  is to come into force on a day to be named by order of the Lieutenant Governor in Council;

(2)  Clause 10.1 (2) (a) of the Act is amended by adding “or is repealed” after “it comes into force”.

4 Section 13 of the Act is amended by adding the following subsection:

Same

(2)  Judicial notice shall be taken of the issuing and contents of,

  (a)  every order of the Lieutenant Governor in Council that names a day on which provisions of an Act are to come into force; and

  (b)  every order of the Lieutenant Governor in Council that amends or revokes an order described in clause (a).

5 (1)  Section 15 of the Act is amended by adding the following subsections:

Publication of certain orders

(3.1)  Every order of the Lieutenant Governor in Council that names a day on which provisions of an Act are to come into force, and every order of the Lieutenant Governor in Council that amends or revokes such an order, shall be published on the e-Laws website promptly after it is made.

Corrections

(3.2)  If the Chief Legislative Counsel discovers that an order that is published on the e-Laws website in accordance with subsection (3.1) differs from the order that was made, the Chief Legislative Counsel shall ensure that a corrected order is promptly published on the e-Laws website.

(2)  Subsection 15 (4) of the Act is amended by striking out “subsection (2) or (3)” and substituting “subsection (2), (3) or (3.2)”.

6 Subsection 19 (8) of the Act is repealed.

7 Section 23 of the Act is amended by adding the following subsection:

Same

(1.1)  A commencement provision in a regulation is deemed to come into force on the day the regulation is filed, regardless of when the regulation is specified to come into force.

8 The Act is amended by adding the following section:

Exercise of delegated power before commencement

23.1  (1)  A power conferred by a regulation may be exercised at any time after the regulation is filed even if the regulation is not yet in force.

Same

(2)  Until the regulation comes into force, the exercise of a power in accordance with subsection (1) has no effect except as may be necessary to make the regulation effective when it comes into force.

9 Section 48 of the Act is repealed and the following substituted:

Existing and future legislation

48 Section 46 applies regardless of when the Act or regulation was enacted or made.

10 Clause 51 (1) (c) of the Act is repealed and the following substituted:

  (c)  affect a contravention of or offence committed against the repealed or revoked Act or regulation, or any penalty, forfeiture or punishment incurred in connection with the contravention or offence; or

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

Same

(4)  Subsection (3) applies with necessary modifications if a power of a minister of the Crown to make regulations is conferred on a different minister of the Crown under the Executive Council Act.

12 Subsections 59 (1) and (2) of the Act are repealed and the following substituted:

References to Ontario legislation

(1)  A reference in an Act or regulation to a provision of another Act or regulation is a reference to the provision,

  (a)  as amended;

  (b)  as changed under Part V (Change Powers); or,

  (c)  if the provision has been replaced, to the replacement provision.

Same

(2)  Subsection (1) applies whether the provision is amended, changed or replaced before or after the commencement of the provision containing the reference.

13 Subsections 60 (1) and (2) of the Act are repealed and the following substituted:

References to other Canadian legislation

(1)  A reference in an Act or regulation to a provision of an Act or regulation of Canada or of another province or territory of Canada is a reference to the provision,

  (a)  as amended;

  (b)  as changed in the exercise of a statutory power to make non-substantive changes; or,

  (c)  if the provision has been replaced, to the replacement provision.

Same

(2)  Subsection (1) applies whether the provision is amended, changed or replaced before or after the commencement of the provision containing the reference.

14 Subsection 62 (5) of the Act is amended by striking out “the day the Access to Justice Act, 2006 receives Royal Assent” at the end and substituting “October 19, 2006”.

15 Section 75 of the Act is repealed.

16 The French version of paragraph 1 of subsection 89 (6) of the Act is amended by adding “à partir du jour déterminé” after “se calcule”.

17 Subsection 92 (2) of the Act is amended by striking out “on the day before the day the Access to Justice Act, 2006 receives Royal Assent” at the end and substituting “immediately before October 19, 2006”.

Commencement

18 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Sections 1 and 2, subsection 3 (1) and sections 4, 5 and 15 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 16
PROVINCIAL OFFENCES ACT

1 (1)  Subsections 5 (1) and (2) of the Provincial Offences Act are repealed and the following substituted:

Having a trial

(1)  A defendant who is served with an offence notice may give notice of their intention to appear in court for the purpose of entering a plea and having a trial of the matter by,

  (a)  completing the notice of intention to appear part of the offence notice and delivering it to the court office in the manner specified in the offence notice;

  (b)  completing a notice of intention to appear in the form determined by the regulations and delivering it to the court office in any manner by which the offence notice may be delivered under clause (a); or

  (c)  giving notice of their intention to appear in any other manner specified in the offence notice.

(2)  Subsection 5 (4) of the Act is amended by striking out “given to” and substituting “received by”.

2 (1)  Subsection 5.1 (2) of the Act is repealed and the following substituted:

Requesting a meeting

(2)  A defendant may, instead of giving notice of intention to appear under section 5, request a meeting with the prosecutor to discuss the resolution of the offence if, within 15 days after being served with the offence notice, the defendant,

  (a)  indicates the request on the offence notice and delivers it to the court office in the manner specified in the offence notice; or

  (b)  makes the request in any other manner specified in the offence notice.

(2)  Subsection 5.1 (2.1) of the Act is amended by striking out “delivered to” and substituting “received by”.

Commencement

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

 

SCHEDULE 17
PUBLIC OFFICERS ACT

1 Sections 7 to 11, 13 and 14 of the Public Officers Act are repealed.

Niagara Parks Act

2 Section 18 of the Niagara Parks Act is repealed.

Pension Benefits Act

3 Section 99 of the Pension Benefits Act is repealed.

St. Lawrence Parks Commission Act

4 Section 15 of the St. Lawrence Parks Commission Act is repealed.

Commencement

5 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

 

SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995

1 The French version of the title of the Victims’ Bill of Rights, 1995 is amended by striking out “d’actes criminels” and substituting “d’infractions criminelles”.

2 (1)  The French version of the definition of “crime” in section 1 of the Act is repealed.

(2)  The French version of section 1 of the Act is amended by adding the following definition:

«infraction criminelle» Infraction prévue au Code criminel (Canada). («crime»)

3 (1)  Subsection 3 (2) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Presumption

(2)  The following victims of a crime shall be presumed to have suffered emotional distress, if the crime is prescribed for the purposes of subsection (1):

.     .     .     .     .

(2)  Subsection 3 (2) of the Act is amended by adding the following paragraphs:

   4.  A victim of a crime of a sexual nature if the victim was under the age of 18 or was a person with a disability at the time of the crime.

   4.  A victim of a crime if,

          i.  the crime is of a sexual nature, or

         ii.  the crime is for or involves a sexual purpose.

   5.  A victim of the publication or distribution of a voyeuristic recording or an intimate image without consent, or any other activity that is in contravention of subsection 162 (4) or 162.1 (1) of the Criminal Code (Canada).

   6.  A victim of a crime respecting trafficking in persons.

(3)  Subsection 3 (2) of the Act is amended by adding the following paragraph:

   7.  A victim of an assault if the victim was under the age of 18 or was a person with a disability at the time of the assault and if one of the following criteria was met at the time of the assault:

          i.  The assailant was in a position of trust or authority over the victim.

         ii.  The victim was in a relationship of dependency with the assailant.

4 Clause 5 (2) (b) of the Act is amended by striking out “section 727.9” and substituting “section 737”.

5 (1)  Subsection 5.1 (1) of the Act is amended by striking out “d’actes criminels” at the end and substituting “d’infractions criminelles”.

(2)  Subsection 5.1 (7) of the Act is repealed.

6 The French version of the Act, except subsection 5.1 (1), is amended by,

  (a)  striking out “actes criminels” wherever it appears and substituting in each case “infractions criminelles”;

  (b)  striking out “d’un acte criminel prescrit” wherever it appears and substituting in each case “d’une infraction criminelle prescrite”;

  (c)  striking out “d’un acte criminel” wherever it appears and substituting in each case “d’une infraction criminelle”; and

  (d)  striking out “l’acte criminel” wherever it appears and substituting in each case “l’infraction criminelle”.

Consequential Amendments

Coroners Act

7 The French version of subsection 41 (3) of the Coroners Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” wherever it appears and substituting in each case “Charte de 1995 des droits des victimes d’infractions criminelles”.

Correctional Services and Reintegration Act, 2018

8 (1)  The French version of section 147 of the Correctional Services and Reintegration Act, 2018 is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles”.

(2)  The French version of paragraph 67 of subsection 156 (1) of the Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles”.

Highway Traffic Act

9 The French version of clause 21.1 (14) (k.1) of the Highway Traffic Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles” at the end.

Ministry of Correctional Services Act

10 The French version of the Ministry of Correctional Services Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” wherever it appears and substituting in each case “Charte de 1995 des droits des victimes d’infractions criminelles”.

Commencement

Commencement

11 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day Enhancing Access to Justice Act, 2024 receives Royal Assent.

(2)  Sections 1 and 2, subsection 5 (1) and sections 6, 7, 9 and 10 come into force on the day to be named by proclamation of the Lieutenant Governor.

(3)  Subsection 8 (1) comes into force on the later of the day section 6 comes into force and the day section 147 of the Correctional Services and Reintegration Act, 2018 comes into force.

(4)  Subsection 8 (2) comes into force on the later of the day section 6 comes into force and the day paragraph 67 of subsection 156 (1) of the Correctional Services and Reintegration Act, 2018 comes into force.

 

SCHEDULE 19
REFERENCES TO THE CROWN

Auditor General Act

1 (1)  The definition of “Crown controlled corporation” in section 1 of the Auditor General Act is amended by striking out “Her Majesty” and substituting “the Crown”.

(2)  Clause 21 (1) (b) of the Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being), her heirs” and substituting “His Majesty King Charles the Third (or the reigning sovereign for the time being), his heirs”.

Barristers Act

2 (1)  The English version of section 1 of the Barristers Act is amended by striking out “Her Majesty’s courts in Ontario” at the end and substituting “His Majesty’s courts in Ontario”.

(2)  The English version of subsection 2 (1) of the Act is amended by striking out ““Her Majesty’s counsel learned in the law”” and substituting ““His Majesty’s counsel learned in the law””.

(3)  Subsection 2 (2) of the Act is amended by striking out “Queen’s” and substituting “King’s”.

Courts of Justice Act

3 (1)  Section 93 of the Courts of Justice Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 131 (2) of the Act is repealed and the following substituted:

Crown costs

(2)  In a proceeding to which the Crown is a party, costs awarded to the Crown shall not be disallowed or reduced on assessment merely because they relate to a lawyer who is a salaried officer of the Crown, and costs recovered on behalf of the Crown shall be paid into the Consolidated Revenue Fund.

Same

(3)  In subsection (2),

“Crown” means the Crown in right of Ontario.

Crown Administration of Estates Act

4 (1)  Section 7 of the Crown Administration of Estates Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Section 8 of the Act is amended by striking out “either in his or her own name, on behalf of Her Majesty, or in the name of Her Majesty” and substituting “either in the Public Guardian and Trustee’s own name on behalf of the Crown in right of Ontario or in the name of the Crown in right of Ontario”.

(3)  Subsection 14 (2) of the Act is amended by striking out “Her Majesty or the Province” and substituting “the Crown in right of Ontario”.

Education Act

5 Subsection 209 (3) of the Education Act is amended by striking out “Her Majesty, Queen Elizabeth II” and substituting “His Majesty King Charles the Third”.

Evidence Act

6 (1)  Section 25 of the Evidence Act is amended by striking out “the Queen’s” and substituting “His Majesty’s”.

(2)  Clause 26 (e) of the Act is amended by striking out “by the Queen’s Printer or by the government printer for the province or territory” and substituting “by the King’s Printer for Ontario, the printer for the Government of Canada or the government printer for the province or territory”.

(3)  The English version of the Act is amended by striking out “Her Majesty’s” and “Her Majesty” wherever they appear and substituting in each case “His Majesty’s” and “His Majesty” respectively.

Fuel Tax Act

7 (1)  Subsection 8 (11) of the Fuel Tax Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 13 (11) of the Act is amended by striking out “Her Majesty the Queen” and substituting “the Crown”.

(3)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Gasoline Tax Act

8 (1)  Subsection 5 (11) of the Gasoline Tax Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 19 (4) of the Act is amended by striking out “Her Majesty the Queen” and substituting “the Crown”.

(3)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Legislation Act, 2006

9 (1)  The English version of section 6 of the Legislation Act, 2006 is amended by striking out “Her Majesty” and substituting “His Majesty”.

(2)  Subsection 42 (2) of the Act is amended by adding the following paragraph:

9.1  Make such changes as may be required to reflect a change of reigning sovereign or to otherwise change the terminology used to refer to the Crown in accordance with Ontario drafting practices.

(3)  Section 71 of the Act is amended by striking out “Her Majesty” and “Her Majesty’s” and substituting “the Crown” and “the Crown’s” respectively.

(4)  The English version of the definition of ““Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown”” in section 87 of the Act is amended by striking out “Her other Realms” and substituting “His other Realms”.

(5)  The English version of the definition of “Lieutenant Governor” in section 87 of the Act is amended by striking out “Her Majesty’s” and substituting “His Majesty’s”.

(6)  The Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer for Ontario”.

Legislative Assembly Act

10 Subsection 101 (3) of the Legislative Assembly Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being), her heirs” and substituting “His Majesty King Charles the Third (or the reigning sovereign for the time being), his heirs”.

Mining Act

11 Subsection 91 (1) of the Mining Act is amended by striking out “Her Majesty, Her heirs and successors” and substituting “the Crown”.

Ministry of Government Services Act

12 The Ministry of Government Services Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer”.

Ontario Gazette Act

13 (1)  Sections 1 and 2 of the Ontario Gazette Act are amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer for Ontario”.

(2)  Section 4 of the Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer”.

Public Officers Act

14 Section 4 of the Public Officers Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning Sovereign for the time being), her heirs and successors” and substituting “His Majesty King Charles the Third (or the reigning Sovereign for the time being), his heirs and successors”.

Public Transportation and Highway Improvement Act

15 (1)  Subsection 33 (7) of the Public Transportation and Highway Improvement Act is amended by,

  (a)  striking out ““Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario” in English or as “Sa Majesté du chef de l’Ontario, représentée par le Ministre des Transports de l’Ontario” in French” and substituting ““His Majesty the King in right of Ontario” in English or as “Sa Majesté du chef de l’Ontario” in French”; and

  (b)  striking out “a subject of Her Majesty” in the English version and substituting “a subject of His Majesty”.

(2)  The English version of subsection 33 (8) of the Act is amended by striking out “a subject of Her Majesty” and substituting “a subject of His Majesty”.

Securities Act

16 (1)  Clause 142 (1) (c) of the Securities Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada,

(2)  Clause 142 (2) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(3)  Clause 142 (2.1) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(4)  Clause 142 (3) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(5)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Commencement

17 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2024 receives Royal Assent.

EXPLANATORY NOTE

SCHEDULE 1
ARCHITECTS ACT

The Schedule amends the Architects Act to establish a limited licence to engage in the practice of architecture. Conditions of a limited licence would be set out by regulations made under the Act. Consequential amendments are made throughout the Act, and to two other Acts, to reflect the addition of limited licences. These include the addition of an offence respecting the use of the title “Licensed Technologist” by a person who is not the holder of a limited licence or certificate of practice.

A number of housekeeping amendments are also made to the Act.

SCHEDULE 2
CANNABIS CONTROL ACT, 2017

The Schedule amends the Cannabis Control Act, 2017.

The Act is amended to prohibit the cultivation, propagation or harvesting of cannabis in dwellings in which child care, as defined in the Child Care and Early Years Act, 2014, is provided. An exception is provided for in-home services.

Currently, section 26 of the Act authorizes the Minister to enter into arrangements and agreements with a council of the band with respect to certain cannabis regulation issues on a reserve. Subsection 26 (3) is re-enacted to authorize the Lieutenant Governor in Council to make regulations to implement the arrangement or agreement. These regulations may modify or clarify the application of the Act, establish requirements that apply on a reserve and incorporate rules established by the council of the band. These regulations are subject to certain limits related to section 69 of the Cannabis Act (Canada).

SCHEDULE 3
CANNABIS LICENCE ACT, 2018

The Schedule amends the Cannabis Licence Act, 2018.

Currently, section 44 of the Act authorizes the Minister to enter into arrangements and agreements with a council of the band with respect to certain cannabis regulation issues on a reserve. Subsection 44 (1) is re-enacted to state that it applies to arrangements or agreements with respect to the sale of cannabis on a reserve. New subsection 44 (3) is added to authorize the Lieutenant Governor in Council to make regulations to implement the arrangement or agreement. These regulations may modify or clarify the application of the Act, establish requirements that apply on a reserve and incorporate rules established by the council of the band.

SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019

The Community Safety and Policing Act, 2019 is amended to change the French version of the term “special constable” from “agent spécial” to “constable spécial”. Related amendments are made to several other Acts.

Section 207 of the Act is amended to provide that applications to the Commission Chair under that section must be made within the prescribed period. The Commission Chair is required to appoint an adjudicator within 30 days after the application is received, except in exceptional circumstances.

Section 262 of the Act, which sets out a consultation process for certain regulations, is repealed.

SCHEDULE 5
CORONERS ACT

The Schedule amends the Coroners Act.

Currently, subsection 10 (5) of the Act requires that an inquest be performed whenever a worker dies as a result of an accident occurring in the course of the worker’s employment at or in a mining plant, mine or construction project. This subsection is replaced with new requirements requiring notification of a coroner when a person in charge has reason to believe a worker died in the course of their employment at those sites. Inquests are mandatory for deaths at or in mining plants or mines. In the case of deaths at or in construction projects, the coroner shall investigate the circumstances of the death and determine whether an inquest ought to be held. A procedure for requesting an inquest in the case of a death at or in a construction project is set out.

New section 10.2 requires an annual review of all worker deaths in the previous calendar year resulting from an accident occurring in the course of the worker’s employment at or in a construction project. This includes a review of each of the deaths that occurred, a systemic examination of all such deaths and the development of recommendations to prevent further deaths. The Chief Coroner may assign the review of deaths to multiple coroners and may assign them at different times of the year. The Chief Coroner may also personally conduct a review. The Chief Coroner shall publish the reports from these reviews on a website of the Government of Ontario in accordance with the regulations.

SCHEDULE 6
COURTS OF JUSTICE ACT

The Schedule amends the Courts of Justice Act.

Clause 43 (9) (a) of the Act is amended so that the Judicial Appointments Advisory Committee is no longer required to include statistics on the cultural identity of candidates for appointment as provincial judges in its annual report.

Subsection 65 (2) of the Act is amended to change the composition of the Civil Rules Committee by removing the Chief Justice of the Ontario Court of Justice or their designate as a member and adding one associate judge appointed by the Chief Justice of the Superior Court of Justice. Consequential amendments are made to section 65.

Sections 65 and 67 of the Act are amended to add a new confidentiality obligation in relation to information or records held by the Ministry of the Attorney General that relate to the business of the Civil Rules Committee and the Family Rules Committee.

A new section 83 is added for the purposes of subsection 41 (1) of the Judges Act (Canada) to provide express authority for judges to attend meetings, conferences or seminars held for a purpose relating to the administration of justice.

Section 123 of the Act is amended to provide continuing jurisdiction for judges of the Ontario Court of Justice who are appointed to another court while presiding over certain hearings under the Child, Youth and Family Services Act, 2017, so that the hearings can be completed before the same judge despite the appointment.

Section 140 of the Act is amended to allow judges of both the Superior Court of Justice and the Court of Appeal to make orders related to vexatious proceedings. These orders may be made on the judge’s own initiative or on motion or application by any person. The rules for appeals and reviews of these orders are set out.

SCHEDULE 7
EVIDENCE ACT

The Evidence Act is amended by adding a new section that provides that the sharing of information between public sector bodies on a confidential basis does not affect or constitute a waiver of any privilege that applies with respect to the information.

SCHEDULE 8
EXECUTION ACT

The Execution Act is amended with respect to the electronic database maintained by the sheriff as the index of writs of execution.  The amendments include the imposition of additional requirements on the sheriff with respect to maintenance of the index.  For example, the sheriff is required to update the names of execution debtors as directed by the court.

The Act is also amended to provide that where a question arises in relation to the measures to be taken by a sheriff or any person assisting the sheriff in carrying out a writ of possession, the sheriff or any interested person may apply to the court for directions.

SCHEDULE 9
FAMILY LAW ACT

The Schedule amends the Family Law Act to provide express authority for the regulations establishing child support guidelines under the Act to do so by incorporating by reference the Federal Child Support Guidelines made under the Divorce Act (Canada).

SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997

The Fire Protection and Prevention Act, 1997 is amended to add a new section respecting administrative penalties. This new section authorizes prescribed authorized persons to make orders imposing administrative penalties on persons who have contravened prescribed provisions of the Act or the regulations. The new section also sets out a process for applying for review of these penalties, and various enforcement provisions.

The Lieutenant Governor in Council is given related regulation-making authorities.

SCHEDULE 11
JURIES ACT

The Schedule amends the Juries Act.

Subsection 5 (2) of the Act provides that the local sheriff is required to determine the number of persons in a jury area who need to be mailed a jury questionnaire or instructions on how to access one. Section 5 of the Act is amended to provide that the determination is to be made by the Jury Sheriff instead, but that the local sheriff may make recommendations to the Jury Sheriff respecting the determination.

Section 17 of the Act is amended to provide that the period by which a jury summons notice must be provided to a person does not apply if the Jury Sheriff determines that it is impossible or unreasonably difficult to comply with the timing requirement.

SCHEDULE 12
JUSTICES OF THE PEACE ACT

Clause 2.1 (13) (a) of the Justices of the Peace Act is amended so that the Justices of the Peace Appointments Advisory Committee is no longer required to include statistics on the cultural identity of candidates for appointment as justices of the peace in its annual report.

SCHEDULE 13
LAND TITLES ACT

The Land Titles Act is amended to remove obligations currently imposed under the Act on a sheriff to whom a writ of execution, a renewal of a writ of execution or a certificate of lien under the Bail Act is directed.  A consequential amendment to the Bail Act is also made.

SCHEDULE 14
LAW SOCIETY ACT

Subsection 51 (6) of the Law Society Act is re-enacted to provide that a person who has suffered a loss from an act of dishonesty on the part of a licensee and who wishes to receive a grant from the Compensation Fund must provide notice in writing of their loss to the Law Society within two years.

SCHEDULE 15
LEGISLATION ACT, 2006

The Schedule makes various amendments to the Legislation Act, 2006.

The commencement provisions of Acts may provide for provisions to come into force on a day to be named by proclamation of the Lieutenant Governor. These proclamations are issued pursuant to an order made by the Lieutenant Governor in Council.

Currently, the Act sets out rules that apply to these proclamations. The Schedule recreates and adapts these rules to provide for the Lieutenant Governor in Council making orders that name a day on which provisions of an Act come into force, without any need for an associated proclamation. These orders must be published on the e-Laws website promptly after they are made.

A new transition section allows these orders to be made for any provisions of an Act that are to come into force on a day to be named by proclamation. The section also provides for the continued validity of certain proclamations.

The Schedule also amends the Act respecting the commencement of regulations made under Acts. A deemed commencement rule is added to section 23 for regulations, corresponding with subsection 8 (2) for Acts. As well, a new section 23.1 is added to permit powers conferred by a regulation to be exercised before the regulation comes into force (but without effect for the most part). The new section corresponds with section 10 for Acts.

Clause 51 (1) (c) of the Act provides for an interpretive presumption that the repeal of an Act or revocation of a regulation does not affect an offence committed against the Act or regulation before its repeal or revocation, or any related penalty, forfeiture or punishment. The clause is re-enacted so that it applies with respect to any contraventions of an Act or regulation in addition to offences.

Finally, the Schedule makes various housekeeping amendments to the Act, including replacing descriptions of a date with the actual date and repealing a spent provision.

SCHEDULE 16
PROVINCIAL OFFENCES ACT

The Schedule amends sections 5 and 5.1 of the Provincial Offences Act with respect to how a defendant who is served with an offence notice may give notice of an intention to appear in court for the purpose of entering a plea and having a trial (section 5) or request a meeting with the prosecutor to discuss the resolution of the offence (section 5.1).

SCHEDULE 17
PUBLIC OFFICERS ACT

The Schedule repeals obsolete provisions of the Public Officers Act and of Acts that refer to the Public Officers Act.

SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995

Section 3 of the Victims’ Bill of Rights, 1995 establishes a cause of action permitting victims of crimes that are prescribed by the regulations to sue for emotional distress and related bodily harm arising from those crimes. Subsection 3 (2) of the Act is amended to add to the list of victims who are presumed to have suffered emotional distress.

Several amendments are made to the French version of the Act to update terminology.

SCHEDULE 19
REFERENCES TO THE CROWN

The Schedule amends various Acts respecting references to the Crown. In addition to making a number of amendments directly, the Schedule amends the Legislation Act, 2006 to add a new change power permitting non-substantive changes to be made to Ontario Acts and regulations, without the need for amendment, in order to reflect a change of reigning sovereign or to otherwise change the terminology used to refer to the Crown in accordance with Ontario drafting practices.

The Schedule makes other related changes, including,

  (a)  amending the Ministry of Government Services Act to change the name of the government printer from the Queen’s Printer for Ontario to the King’s Printer for Ontario, and making the necessary consequential amendments to other Acts; and

  (b)  amending the Barristers Act to change the title of Queen’s Counsel to King’s Counsel.

Bill 157 2023

An Act to amend various Acts in relation to the courts and other justice matters

CONTENTS

 

 

His 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 Enhancing Access to Justice Act, 2023.

SCHEDULE 1
ARCHITECTS ACT

1 (1)  Section 1 of the Architects Act is amended by adding the following definition:

“limited licence” means a limited licence to engage in the practice of architecture issued under this Act; (“permis restreint”)

(2)  The definition of “Minister” in section 1 of the Act is repealed and the following substituted:

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

2 (1)  Subsection 5 (1) of the Act is amended by striking out “Every person licensed by the Association” at the beginning and substituting “Every holder of a licence or limited licence”.

(2)  Subsection 5 (2) of the Act is amended by adding “or limited licence” after “licence”.

3 (1)  Paragraph 9 of subsection 7 (1) of the Act is repealed and the following substituted:

   9.  respecting any matter ancillary to the provisions of this Act with regard to the issuing, suspension and revocation of licences, limited licences, certificates of practice and temporary licences, and the requirements and qualifications for any of them, including but not limited to regulations,

           i.  respecting the scope, standards and conduct of any examination set or approved by the Council as a requirement for a licence or limited licence,

          ii.  respecting the curricula and standards of professional training programs and courses of study offered by the Council,

         iii.  respecting the academic, experience and other requirements for admission into professional training programs and courses of study,

         iv.  respecting the academic and experience requirements for the issuance of a licence or limited licence, and

          v.  establishing classes of licence and limited licence;

(2)  Paragraphs 10 and 11 of subsection 7 (1) of the Act are repealed and the following substituted:

10.  prescribing terms and conditions of licences, limited licences, certificates of practice and temporary licences;

(3)  Paragraph 13 of subsection 7 (1) of the Act is amended by striking out “and prescribing and requiring the use of forms of such returns” at the end and substituting “and governing the requirements”.

(4)  Paragraph 15 of subsection 7 (1) of the Act is amended by striking out “and prescribing and requiring the use of forms of such returns” at the end and substituting “and governing the requirements”.

(5)  Paragraph 30 of subsection 7 (1) of the Act is repealed and the following substituted:

30.  governing the continuing education of members of the Association, including,

           i.  providing for the development or approval of continuing education programs,

          ii.  requiring members to successfully complete or participate in such programs, and

         iii.  providing for sanctions for non-compliance, including suspension or cancellation of a member’s licence or limited licence until the member is in compliance, or the imposition of additional requirements in order to be considered to be in compliance;

(6)  Paragraph 33 of subsection 7 (1) of the Act is amended by striking out “licences, certificates of practice” and substituting “licences, limited licences, certificates of practice”.

4 Paragraph 23 of subsection 8 (1) of the Act is amended by striking out “licensing” and substituting “licences, limited licences”.

5 Clause 11 (1) (a) of the Act is amended by striking out “is licensed” and substituting “is the holder of a licence or limited licence”.

6 (1)  Clause 13 (1) (d) of the Act is amended by striking out “or is exempted therefrom by the Council” and substituting “subject to any exemption by the Council”.

(2)  Clause 13 (1) (e) of the Act is amended by striking out “or is exempted therefrom by the Council” at the end and substituting “subject to any exemption by the Council”.

7 The Act is amended by adding the following section:

Limited licence

13.1  (1)  The Registrar shall issue a limited licence to a natural person who applies in accordance with the regulations and,

  (a)  is of good character;

  (b)  is not less than 18 years of age;

  (c)  is a citizen of Canada or has the status of a permanent resident of Canada or is a member of an organization of architects that is recognized by the Council and that has objects, standards of practice and requirements for membership similar to those of the Association;

  (d)  has complied with the academic and experience requirements specified in the regulations for the issuance of a limited licence, subject to any exemption by the Council; and

  (e)  has passed such examinations and completed such courses of study as the Council may set or approve in accordance with the regulations, subject to any exemption by the Council.

Grounds for refusal to issue limited licence

(2)  The Registrar may refuse to issue a limited licence to an applicant if the Registrar is of the opinion, on reasonable and probable grounds, that the past conduct of the applicant affords grounds for belief that the applicant will not engage in the practice of architecture in accordance with the law and with honesty and integrity.

Referral to committees

(3)   Subsections 13 (3) to (6) (which relate to the Academic Requirements Committee and the Experience Requirements Committee) apply with necessary modifications in respect of an applicant for a limited licence.

Conditions

(4)  Every limited licence is subject to the conditions prescribed by the regulations.

8 Section 19 of the Act is amended by striking out “a licence or a certificate of practice” and substituting “a licence, limited licence or certificate of practice”.

9 The Act is amended by adding the following section:

Certificates of practice and limited licence holders

22.1  It is a condition of every certificate of practice that is held by a limited licence holder, or under which a limited licence holder personally supervises and directs the practice of architecture, that the certificate is subject to the same terms, conditions and limitations to which the limited licence is subject.

10 (1)  Clauses 25 (2) (a) and (b) of the Act are amended by striking out “the licence or the temporary licence” wherever it appears and substituting in each case “the licence, the limited licence or the temporary licence”.

(2)  The definition of “applicant” in subsection 25 (17) of the Act is amended by adding “or limited licence” after “issuance of a licence”.

11 Subsection 27 (1) of the Act is amended by striking out “every person who is licensed under this Act” and substituting “every member of the Association”.

12 (1)  Clause 34 (3) (a) of the Act is amended by striking out “the responsibilities of an architect” and substituting “the member’s or holder’s responsibilities under this Act”.

(2)  Clauses 34 (4) (a) and (b) of the Act are amended by striking out “the licence of the member” wherever it appears and substituting in each case “the licence or limited licence of the member”.

13 Subsection 37 (4) of the Act is amended by striking out “Arbitrations Act” and substituting “Arbitration Act, 1991”.

14 (1)  Subsection 42 (1) of the Act is amended by striking out “or whose membership has been cancelled for cause under a predecessor of this Act”.

(2)  Subsection 42 (2) of the Act is amended by striking out “or whose membership has been suspended for cause under a predecessor of this Act”.

(3)  Subsection 42 (5) of the Act is amended by striking out “or that a suspension or cancellation for cause under a predecessor of this Act be removed”.

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

Same

(2.1)  Every person who is not a holder of a limited licence or certificate of practice and who,

  (a)  uses the title “Licensed Technologist” or “technologue agréé” as an occupational designation;

  (b)  uses,

          (i)  an addition to or an abbreviation of the title “Licensed Technologist” or “technologue agréé”,

         (ii)  an occupational designation, or

        (iii)  a term, title, addition or description,

that will lead to the belief that the person may engage in the practice of architecture; or

  (c)  uses a seal that will lead to the belief that the person is a licensed technologist,

is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000.

(2)  Subsections 46 (5), (6) and (7) of the Act are amended by striking out “(2), (3)” wherever it appears and substituting in each case “(2), (2.1), (3)”.

16 Section 48 of the Act is repealed and the following substituted:

Onus of proof

48 If the holding of a licence, limited licence, certificate of practice or temporary licence, or acting under and in accordance with a certificate of practice, is required to permit the lawful doing of any act or thing, and in any prosecution it is proven that the defendant has done the act or thing, the burden of proving that the defendant held the licence, limited licence, certificate of practice or temporary licence or acted in accordance with a certificate of practice rests on the defendant.

17 The Act is amended by adding the following section:

Forms

50.1  The Registrar may approve forms for the purposes of this Act and require their use.

18 The Act is amended by striking out “licence, certificate of practice” and “a licence, a certificate of practice” wherever they appear and substituting in each case “licence, limited licence, certificate of practice” and “a licence, a limited licence, a certificate of practice” respectively, except in subsection 46 (2).

Home Inspection Act, 2017

19 Section 2 of the Home Inspection Act, 2017 is amended by striking out “a holder of a licence or certificate of practice” and substituting “a holder of a licence, limited licence or certificate of practice”.

Professional Engineers Act

20 The English version of the definition of “architect” in section 1 of the Professional Engineers Act is amended by striking out “a person who is licensed or who holds a certificate of practice” and substituting “a person who holds a licence, certificate of practice”.

Commencement

21 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

(2)  Subsection 1 (1), section 2, subsections 3 (1), (2), (5) and (6), sections 4, 5, 7 to 12, 15, 16, 18 and 20 come into force on a day to be named by proclamation of the Lieutenant Governor.

(3)  Section 19 comes into force on the later of the day section 2 of Schedule 1 (Home Inspection Act, 2017) to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force and the day subsection 1 (1) of this Schedule comes into force.

SCHEDULE 2
CANNABIS CONTROL ACT, 2017

1 The Cannabis Control Act, 2017 is amended by adding the following section:

Child care settings

13.1  (1)  No person shall cultivate, propagate or harvest cannabis in a dwelling in which child care, as defined in the Child Care and Early Years Act, 2014, is provided.

Exception, in-home services

(2)  Subsection (1) does not apply to in-home services as defined in the Child Care and Early Years Act, 2014.

2 (1)  Subsection 23 (1) of the Act is amended by striking out “(2) to (7)” in the portion before clause (a) and substituting “(2) to (9)”.

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

Penalty: cultivation, propagation or harvesting in child care setting

(9)  A person who is convicted of contravening section 13.1 is liable,

  (a)  on a first conviction in respect of that section, to a fine of not more than $1,000; and

  (b)  on a subsequent conviction in respect of that section, to a fine of not more than $5,000.

3 Subsection 26 (3) of the Act is repealed and the following substituted:

Agreement implementation

(3)  To implement an arrangement or agreement entered into under subsection (1), the Lieutenant Governor in Council may make regulations,

  (a)  modifying or clarifying the application of a provision of this Act or the regulations to a person, place or thing, subject to any conditions or limitations;

  (b)  establishing requirements that apply to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve, subject to any conditions or limitations;

  (c)  specifying that rules established by the council of the band apply to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve, subject to any conditions or limitations.

Requirements for authorization, s. 69 of Cannabis Act (Canada)

(4)  If a regulation under subsection (3) authorizes the sale of cannabis by a person other than an authorized cannabis retailer, the arrangement or agreement is subject to the following requirements:

   1.  The only cannabis that may be sold or distributed under the arrangement or agreement is cannabis that has been produced by a person or entity that is authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes.

   2.  The arrangement or agreement must not allow for the sale or distribution of cannabis to an individual under 18 years of age.

   3.  The arrangement or agreement must require the keeping of appropriate records respecting the activities of persons authorized to sell cannabis.

   4.  The arrangement or agreement must require the taking of adequate measures to reduce the risk of cannabis being diverted to an illicit market or activity.

Access to rules established by the council of the band

(5)  A regulation made under clause (3) (c) that provides that rules established by the council of the band apply on a reserve shall either contain the rules or incorporate them by reference.

Definitions

(6)  In this section,

“council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)

“Indian” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“Indien”)

“reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve. (“réserve”)

Commencement

4 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

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

SCHEDULE 3
CANNABIS LICENCE ACT, 2018

1 (1)  Subsection 44 (1) of the Cannabis Licence Act, 2018 is repealed and the following substituted:

Agreement with council of the band

(1)  Subject to subsection (2) and to the approval of the Lieutenant Governor in Council, the Minister may, on behalf of the Crown, enter into arrangements and agreements with a council of the band with respect to the sale of cannabis on a reserve, including the licensing, authorization and regulation of retail stores, or the enforcement of this Act and the regulations on a reserve.

(2)  Section 44 of the Act is amended by adding the following subsections:

Agreement implementation

(3)  To implement an arrangement or agreement entered into under subsection (1), the Lieutenant Governor in Council may make regulations,

  (a)  modifying or clarifying the application of a provision of this Act or the regulations to a person, place or thing, subject to any conditions or limitations;

  (b)  establishing requirements that apply to the sale of cannabis on a reserve, subject to any conditions or limitations;

  (c)  specifying that rules established by the council of the band apply to the sale of cannabis on a reserve, subject to any conditions or limitations.

Access to rules established by the council of the band

(4)  A regulation made under clause (3) (c) that provides that rules established by the council of the band apply on a reserve shall either contain the rules or incorporate them by reference.

2 Clause 49 (1) (s) of the Act is repealed and the following substituted:

  (s)  exempting any person, place or thing from this Act or the regulations or any provision of this Act or the regulations or providing that this Act or the regulations or any provision of this Act or the regulations does not apply in respect of any person, place, thing or circumstance, and prescribing conditions or restrictions for the exemption or non-application.

Commencement

3 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 4
COMMUNITY SAFETY AND POLICING ACT, 2019

1 The French version of the definition of “special constable” in subsection 2 (1) of the Community Safety and Policing Act, 2019 is repealed.

2 The French version of subsection 2 (1) of the Act is amended by adding the following definition:

«constable spécial» Personne nommée à titre de constable spécial en vertu de l’article 92. («special constable»)

3 The French version of the Act is amended by striking out,

  (a)  “à l’agent spécial” wherever it appears and substituting in each case “au constable spécial”;

  (b)  “d’agent spécial” wherever it appears and substituting in each case “de constable spécial”;

  (c)  “de l’agent spécial” wherever it appears and substituting in each case “du constable spécial”;

  (d)  “l’agent spécial” wherever it appears and substituting in each case “le constable spécial”;

  (e)  “agent spécial” wherever it appears and substituting in each case “constable spécial”;

   (f)  “d’agents spéciaux” wherever it appears and substituting in each case “de constables spéciaux”; and

  (g)  “agents spéciaux” wherever it appears and substituting in each case “constables spéciaux”.

4 Subsection 207 (4) of the Act is repealed and the following substituted:

Hearing

(4)  A chief of police may apply to the Commission Chair to appoint an adjudicator to hold a hearing for the purpose of determining whether a record should be retained for longer than five years as a result of extenuating circumstances.

Application timing

(4.1)  An application under subsection (4) must be made within the prescribed period, if such a period has been prescribed.

Appointment of adjudicator

(4.2)  The Commission Chair shall appoint an adjudicator within 30 days after the day the application was received, except in exceptional circumstances.

5 Section 262 of the Act is repealed.

Coroners Act

6 (1)  The French version of the definitions of ““auxiliary member”, “First Nation Officer”, “police service” and “special constable”” in subsection 1 (1) of the Coroners Act are repealed.

(2)  The French version of subsection 1 (1) of the Act is amended by adding the following definitions:

«agent de Première Nation», «constable spécial», «membre auxiliaire» et «service de police» S’entendent au sens de la Loi de 2019 sur la sécurité communautaire et les services policiers. («First Nation Officer», «special constable», «auxiliary member», «police service»)

(3)  The French version of subsection 10 (4.6.1) of the Act is amended by striking out,

  (a)  “agent spécial” in the portion before clause (a) and substituting “constable spécial”; and

  (b)  “l’agent spécial” in clause (a) and substituting “le constable spécial”.

(4)  The French version of clause 10 (4.6.2) (c) of the Act is amended by striking out “agent spécial” and substituting “constable spécial”.

Dog Owners’ Liability Act

7 The French version of paragraph 1 of section 12 of the Dog Owners’ Liability Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Interprovincial Policing Act, 2009

8 The French version of section 39 of the Interprovincial Policing Act, 2009 is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Provincial Offences Act

9 The French version of the definition of “police officer” in subsection 1 (1) of the Provincial Offences Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Special Investigations Unit Act, 2019

10 (1)  The French version of clause (b) of the definition of “official” in subsection 1 (1) of the Special Investigations Unit Act, 2019 is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

(2)  The French version of subclause 15 (2) (b) (i) of the Act is amended by striking out “agent spécial” and substituting “constable spécial”.

Workplace Safety and Insurance Act, 1997

11 (1)  The French version of the definition of “police officer” in subsection 14 (1) of the Workplace Safety and Insurance Act, 1997 is amended by striking out “agent spécial” and substituting “constable spécial”.

(2)  The French version of paragraph 17 of subsection 14 (2) of the Act is amended by striking out “agents spéciaux” and substituting “constables spéciaux”.

Commencement

12 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

(2)  Sections 1 to 4 and 6 to 11 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 5
CORONERS ACT

1 Subsection 10 (5) of the Coroners Act is repealed and the following substituted:

Notice of death resulting from accident at or in mining plant or mine and inquest

(5)  A person in charge of a mining plant or mine, including a pit or quarry, who has reason to believe that a worker died as a result of an accident occurring in the course of the worker’s employment at or in the mining plant or mine shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.

Notice of death resulting from accident at or in construction project

(5.1)  A person in charge of a construction project who has reason to believe that a worker died as a result of an accident occurring in the course of the worker’s employment at or in the construction project shall immediately give notice of the death to a coroner.

Investigation of death resulting from accident at or in construction project

(5.2)  After receiving notice of a death described in subsection (5.1), the coroner shall investigate the circumstances of the death and if, as a result of the investigation, the coroner is of the opinion that an inquest ought to be held, the coroner shall hold an inquest upon the body.

Request for inquest in case of accident at or in construction project

(5.3)  The following rules apply if a coroner determines that an inquest is unnecessary into the death of a worker who is believed to have died as a result of an accident occurring in the course of the worker’s employment at or in a construction project:

   1.  The spouse, parent, child, brother, sister or personal representative of the deceased person may request the coroner in writing to hold an inquest.

   2.  If the coroner receives a request described in paragraph 1 before or within one year after the day an annual review under section 10.2 that reviews the death is made available to the public, section 26 does not apply to the request and instead the coroner shall hold an inquest upon the body.

   3.  If the coroner receives a request described in paragraph 1 after the deadline described in paragraph 2, section 26 applies to the request.

Transition

(5.4)  Subsections (5.2) and (5.3) apply to the death of a worker that occurred in the course of the worker’s employment at or in a construction project before the day section 1 of Schedule 5 to the Enhancing Access to Justice Act, 2023 came into force if an inquest upon the body has not already commenced before that day.

2 The Act is amended by adding the following section:

Annual review of construction deaths

10.2  (1)  In each calendar year, the Chief Coroner shall assign one or more coroners to conduct a review of each of any worker deaths in the previous calendar year resulting from an accident that occurred in the course of the worker’s employment at or in a construction project.

Power to assign to review

(2)  The Chief Coroner may,

  (a)  group different deaths together and assign different coroners to conduct reviews of each group of deaths;

  (b)  assign a single coroner or a team of coroners to conduct the same review;

  (c)  assign coroners to review different groups of deaths at different times of the year, so long as all of the worker deaths in the previous calendar year resulting from an accident occurring in the course of the workers’ employment at or in a construction project are assigned to coroners for review by the end of the current calendar year;

  (d)  revoke the assignment of a coroner or team of coroners to a review and replace them with other coroners; or

  (e)  personally conduct a review.

Deferred review of deaths

(3)  The Chief Coroner may direct that a death shall not be included in the annual review for the calendar year in which the death occurred and shall instead be deferred to review in a later calendar year if,

  (a)  the death is the subject of an ongoing investigation, prosecution or inquest; or

  (b)  the Chief Coroner otherwise determines that it would be inappropriate for the death to be included in the annual review.

Scope of review

(4)  A coroner or team of coroners conducting a review under this section shall,

  (a)  examine the circumstances of each of the deaths subject to their review;

  (b)  to the extent possible, conduct a systemic examination of the circumstances of all of the deaths subject to their review and, if the coroner or team of coroners consider it appropriate, related deaths that are not subject to their review;

  (c)  to the extent possible, identify any common issues among the deaths that are subject to their review; and

  (d)  develop recommendations for the prevention of further deaths.

Powers

(5)  In conducting a review under this section, a coroner may,

  (a)  consult with any person that has information relevant to their review or who may be affected by their review, including, without limitation,

          (i)  the family of the deceased,

         (ii)  any person undertaking the construction project where the death occurred, and

        (iii)  any organization that represents workers at the construction project where the death occurred;

  (b)  require a person with knowledge about the deceased or of the death to provide information about the facts and circumstances relating to the deceased or the death that the coroner considers necessary for the purposes of conducting their review; and

  (c)  inspect and extract information from any records or writings relating to the deceased or his or her circumstances.

Expert assistance

(6)  Subject to approval of the Chief Coroner, a coroner conducting a review under this section may obtain assistance or retain expert services to assist with their review.

Disclosure of personal information

(7)  A coroner conducting a review under this section shall not disclose personal information to any person who is being consulted or who is providing assistance or expert services for their review if other information will permit the coroner to solicit their input or obtain their assistance or services.

Personal information limited to what is reasonably necessary

(8)  A coroner conducting a review under this section shall not disclose more personal information to any person who is being consulted or who is providing assistance or expert services for the coroner’s review than is reasonably necessary to solicit their input or obtain their assistance or services.

Use and disclosure

(9)  A person who receives personal information from a coroner conducting a review under this section shall not use the information except for the purposes for which they received the information and shall not disclose the information except as required by law.

Results of review

(10)  A coroner or team of coroners conducting a review under this section shall submit a report containing the following information to the Chief Coroner in the form and manner and within the time specified by the Chief Coroner:

   1.  The coroner’s or team of coroners’ conclusions in respect of the circumstances of each of the deaths subject to their review.

   2.  The coroner’s or team of coroners’ conclusions in respect of the systemic examination described in clause (4) (b).

   3.  A description of any common issues identified by the coroner or team of coroners among the deaths that are subject to their review.

   4.  The coroner’s or team of coroners’ recommendations to prevent further deaths.

Timing

(11)  The report described in subsection (10) must be submitted on or before June 30th of the calendar year following the calendar year in which the coroner or team of coroners was assigned to the review.

Publication

(12)  The Chief Coroner shall, in accordance with the regulations, if any, make the report or reports provided under subsection (10) available to the public on a website of the Government of Ontario.

Notice of specific recommendations

(13)  The Chief Coroner shall notify a person or entity of any recommendation in a review conducted under this section that is directed at the person or entity.

Rules and directions

(14)  A coroner conducting a review under this section shall comply with any rules or directions respecting the reviews issued by the Chief Coroner.

Offence

(15)  No person shall wilfully use or disclose personal information in contravention of subsection (7), (8) or (9).

Penalty

(16)  Every person who contravenes subsection (15) is guilty of an offence and is liable on conviction,

  (a)  in the case of a first offence, to a fine of not more than $25,000; or

  (b)  in the case of a second or subsequent offence, to a fine of not more than $50,000.

Transition

(17)  Despite subsection (1), in the year in which section 2 of Schedule 5 to the Enhancing Access to Justice Act, 2023 comes into force, the review required by subsection (1) shall include a review of any worker deaths resulting from an accident that occurred in the course of the worker’s employment at or in a construction project,

  (a)  for which this Act, as it read at the time that notification of the death was provided to a coroner, required that an inquest upon the body be held; and

  (b)  for which an inquest upon the body had not commenced as of the day section 2 of Schedule 5 to the Enhancing Access to Justice Act, 2023 comes into force.

Same, deferral

(18)  For greater certainty, the Chief Coroner may defer the review of a death described in subsection (17) to a later calendar year in accordance with subsection (3).

3 Subsection 56 (2) of the Act is amended by adding the following clause:

(0.a) governing the publication of reports made under section 10.2, including by prescribing a date by which reports must be published or prescribing the website or websites on which the reports must be published;

Commencement

4 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 6
COURTS OF JUSTICE ACT

1 Clause 43 (9) (a) of the Courts of Justice Act is amended by striking out “cultural identity”.

2 (1)  Clause 65 (2) (a.2) of the Act is repealed.

(2)  Subsection 65 (2) of the Act is amended by adding the following clause:

(d.1) one associate judge, who shall be appointed by the Chief Justice of the Superior Court of Justice;

(3)  Subsections 65 (4) and (5) of the Act are amended by striking out “(c), (f)” wherever it appears and substituting in each case “(c), (d.1), (f)”.

(4)  Section 65 of the Act is amended by adding the following subsections:

Information to be maintained in confidence

(7)  The Ministry of the Attorney General shall maintain in confidence any records or other information collected, prepared, maintained or used by the Ministry in relation to the business of the Civil Rules Committee and shall not disclose any such records or information unless the disclosure has been authorized by the Attorney General and approved by the chair of the Committee.

Prevails over FIPPA

(8)  Subsection (7) prevails over the Freedom of Information and Protection of Privacy Act.

Delegation

(9)  The Attorney General may, in writing, delegate the power to authorize disclosures in subsection (7) to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Transition

(10)  If a request for access to a record described in subsection (7) was made to the Attorney General under the Freedom of Information and Protection of Privacy Act on or after the day the Enhancing Access to Justice Act, 2023 received first reading and a decision about disclosure of the record has not been made by the date on which subsection 2 (4) of Schedule 6 to the Enhancing Access to Justice Act, 2023 comes into force, subsections (7) to (9) of this section apply to the request.

3 Section 67 of the Act is amended by adding the following subsections:

Information to be maintained in confidence

(7)  The Ministry of the Attorney General shall maintain in confidence any records or other information collected, prepared, maintained or used by the Ministry in relation to the business of the Family Rules Committee and shall not disclose any such records or information unless the disclosure has been authorized by the Attorney General and approved by the chair of the Committee.

Prevails over FIPPA

(8)  Subsection (7) prevails over the Freedom of Information and Protection of Privacy Act.

Delegation

(9)  The Attorney General may, in writing, delegate the power to authorize disclosures in subsection (7) to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Transition

(10)  If a request for access to a record described in subsection (7) was made to the Attorney General under the Freedom of Information and Protection of Privacy Act on or after the day the Enhancing Access to Justice Act, 2023 received first reading and a decision about disclosure of the record has not been made by the date on which section 3 of Schedule 6 to the Enhancing Access to Justice Act, 2023 comes into force, subsections (7) to (9) of this section apply to the request.

4 The Act is amended by adding the following section:

Attendance at meetings, conferences and seminars

83 For the purposes of subsection 41 (1) of the Judges Act (Canada), a judge of the Court of Appeal, the Superior Court of Justice or the Family Court may, in that capacity, attend a meeting, conference or seminar that is held for a purpose relating to the administration of justice, with the approval of,

  (a)  the Chief Justice of Ontario, in the case of a judge of the Court of Appeal; or

  (b)  the Chief Justice of the Superior Court of Justice, in any other case.

5 Subsection 94 (2) of the Act is repealed.

6 Section 123 of the Act is amended by adding the following subsection:

Certain hearings under the Child, Youth and Family Services Act, 2017

(8)  If a judge in the Ontario Court of Justice who is presiding over a hearing under Part V, VII or VIII of the Child, Youth and Family Services Act, 2017 for a final order respecting a matter is appointed to another court, the judge continues to have jurisdiction to complete the hearing and give a decision in the matter.

7 (1)  Subsection 140 (1) of the Act is repealed and the following substituted:

Vexatious proceedings

(1)  If a judge of the Superior Court of Justice or of the Court of Appeal is satisfied that a person has persistently and without reasonable grounds instituted vexatious proceedings in any court or conducted a proceeding in any court in a vexatious manner, the judge may make an order that includes any of the following terms:

   1.  No further proceeding may be instituted by the person in any court, except by leave of a judge of the Superior Court of Justice.

   2.  No proceeding previously instituted by the person in any court shall be continued, except by leave of a judge of the Superior Court of Justice.

   3.  Any other term that is just.

Procedure

(2)  An order under subsection (1) may be made on the judge’s own initiative or on motion or application by any person, as provided in the rules of court.

Notice required

(2.1)  An order under subsection (1) may only be made on notice to the person who is the subject of the order, as provided in the rules of court.

Branches of the Superior Court of Justice

(2.2)  An order of the Superior Court of Justice under subsection (1) may be made by a judge presiding in any branch of that court.

Appeals and reviews

(2.3)  The following rules apply with respect to an order made under subsection (1):

   1.  If the order was made by a judge of the Superior Court of Justice, an appeal of the order lies to a panel of the Court of Appeal.

   2.  If the order was made by a judge of the Court of Appeal, a panel of the Court of Appeal may, on motion, set aside or vary the decision.

   3.  For greater certainty, leave is not required to bring an appeal under paragraph 1 or a motion under paragraph 2, unless the court orders otherwise.

(2)  Section 140 of the Act is amended by adding the following subsection:

Deputy judges

(6)  For greater certainty, a reference to a judge of the Superior Court of Justice in this section does not include a reference to a deputy judge.

Commencement

8 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

(2)  Section 7 comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 7
EVIDENCE ACT

1 The Evidence Act is amended by adding the following section:

Sharing of information within public sector not affecting privilege

30.1  (1)  In this section,

“public sector body” means,

  (a)  the Crown in right of Ontario,

  (b)  a Crown agency as defined in the Crown Liability and Proceedings Act, 2019,

  (c)  a Crown corporation as defined in the Crown Liability and Proceedings Act, 2019, or

  (d)  any person, body or office specified by the regulations made under subsection (7).

Privilege not waived, affected

(2)  If a public sector body shares information on a confidential basis with another public sector body, the sharing does not constitute a waiver of, or otherwise affect, any privilege that applies with respect to the information.

Same

(3)  For the purposes of subsection (2), privilege includes solicitor-client privilege, litigation privilege, settlement privilege and public interest immunity.

Same

(4)  Subsection (2) applies regardless of whether the public sector body is required to share the information.

Retroactive application

(5)  This section is deemed to have applied with respect to any sharing of information between public sector bodies before the day the Enhancing Access to Justice Act, 2023 received Royal Assent.

Same

(6)  In the case of a person, body or office that becomes a public sector body after the day the Enhancing Access to Justice Act, 2023 receives Royal Assent, this section is also deemed to have applied with respect to any sharing of information with or by the person, body or office before becoming a public sector body.

Regulations

(7)  The Lieutenant Governor in Council may make regulations prescribing persons, bodies or offices for the purposes of clause (d) of the definition of “public sector body” in subsection (1).

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 8
EXECUTION ACT

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

When writs of execution are binding

Definition

(0.1)  In this section and section 11,

“index” means the electronic database maintained by the sheriff as the index of writs of execution.

(2)  Subsection 10 (1) of the Act is amended by striking out “electronic database maintained by the sheriff as the index of writs of execution” at the end and substituting “index”.

(3)  Clause 10 (2) (a) of the Act is amended by striking out “electronic database maintained as the index of writs of execution” and substituting “index”.

(4)  Subsections 10 (4) and (5) of the Act are repealed and the following substituted:

Obligations of sheriff re index

(4)  A sheriff shall comply with the following requirements respecting the index:

   1.  If a writ of execution, a renewal of a writ of execution or a certificate of lien under the Bail Act is directed to the sheriff, the sheriff shall, upon receiving from or on behalf of the judgment creditor the required fee in accordance with the Administration of Justice Act and instructions to do so, promptly take the following actions:

           i.  Enter in the index the writ, renewal or certificate of lien, as the case may be.

          ii.  If applicable, indicate in the index that the writ, renewal or certificate of lien, as the case may be, affects real property governed by the Land Titles Act.

   2.  A sheriff shall assign consecutive numbers in the index to each writ and certificate of lien in the order in which the writs and certificates of lien are entered.

   3.  A sheriff shall note in the index the effective date of each writ, renewal and certificate of lien.

   4.  In the case of a renewal, a sheriff shall extend the expiry date by the period required under the applicable rule or statute.

   5.  A sheriff shall update the names of execution debtors in the index as directed by the court.

   6.  A sheriff shall note in the index any statutory declaration filed under clause 11 (1) (b).

   7.  A sheriff shall give the land registrar of each land titles division wholly or partially within the sheriff’s jurisdiction access to the index.

(5)  Subsection 10 (6) of the Act is amended by striking out “electronic database maintained by the sheriff as the index of writs of execution” at the end and substituting “index”.

(6)  Subsection 10 (7) of the Act is repealed.

2 Subsection 11 (2) of the Act is amended by striking out “received for execution and recorded by the sheriff” at the end and substituting “noted in the index”.

3 Section 21 of the Act is amended by adding the following subsection:

Application to court for directions

(3)  Where a question arises in relation to the measures to be taken by a sheriff or any person assisting the sheriff in carrying out a writ of possession, the sheriff or any interested person may apply to the court for directions.

Commencement

4 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 9
FAMILY LAW ACT

1 Section 69 of the Family Law Act is amended by adding the following subsection:

Same

(3.1)  The power to make a regulation under subsection (2) may be exercised by incorporating by reference all or part of the Federal Child Support Guidelines made under the Divorce Act (Canada) as they are amended from time to time and with any changes that the regulations may specify.

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 10
FIRE PROTECTION AND PREVENTION ACT, 1997

1 The Fire Protection and Prevention Act, 1997 is amended by adding the following section:

Administrative penalties

Purpose

30.2  (1)  The purpose of an administrative penalty imposed under this section is to promote compliance with the requirements established by this Act and the regulations.

Order imposing administrative penalties

(2)  If a prescribed authorized person is satisfied that a person is contravening or not complying with a prescribed provision of this Act or the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.

Content of order

(3)  The order imposing an administrative penalty shall be in writing and shall include the following information:

   1.  The particulars of the contravention of this Act or the regulations.

   2.  The date and time by which payment of the administrative penalty must be made.

   3.  The amount payable and how payment of the administrative penalty may be made.

   4.  The right to request a review of the administrative penalty order.

Maximum administrative penalty

(4)  An administrative penalty for a contravention of this Act or the regulations shall not exceed the following amounts:

   1.  For a contravention by an individual, $10,000 or such lesser amount as may be prescribed.

   2.  For a contravention by a person other than an individual, $100,000 or such lesser amount as may be prescribed.

Administrative penalty may be imposed with other measures

(5)  An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act, and may be imposed in conjunction with a fine imposed for the same infraction.

Limitation

(6)  An administrative penalty shall not be imposed more than one year after the contravention first came to the knowledge of the prescribed authorized person.

Deadline to pay penalty

(7)  A person who has received an order imposing an administrative penalty shall pay the penalty within 30 days after the day the order was served, subject to any stays of the order described in subsection (12).

No right to be heard

(8)  There is no right to be heard before an order imposing an administrative penalty is made.

Right to review

(9)  A person who has received an order imposing an administrative penalty may submit a request for a review of the order to a prescribed reviewer.

Time to submit request for review

(10)  A request for review under subsection (9) must be submitted to the reviewer within 30 days after the order is served.

If review requested

(11)  If a person who has received an order imposing an administrative penalty requests a review under subsection (9), the reviewer shall conduct the review in accordance with the regulations.

Stay of order

(12)  A review commenced under subsection (9) operates as a stay of the order until the matter is finally disposed of.

Decision of reviewer

(13)  After conducting the review, the reviewer may,

  (a)  find that the person did not contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and rescind the order imposing the administrative penalty;

  (b)  find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and affirm the order imposing the administrative penalty; or

  (c)  find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances and, in that case, the reviewer shall amend the order imposing the administrative penalty by reducing the amount of the penalty.

Decision final

(14)  The reviewer’s decision is final.

Payment after review

(15)  If the reviewer finds under clause (13) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the order imposing the administrative penalty, the person shall pay the penalty required by the reviewer within 30 days after the day the decision was made.

Enforcement by court

(16)  If an order imposing an administrative penalty has been issued under this section to a person and the penalty is not paid by the applicable deadline, the order imposing the administrative penalty or the reviewer’s decision, as the case may be, may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court.

Postjudgment interest

(17)  Section 129 of the Courts of Justice Act applies in respect of an order or decision filed in the Superior Court of Justice under subsection (16) and the date on which the order or decision is filed under subsection (19) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

Municipal enforcement

(18)  If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a municipality and the penalty is not paid within 15 days after the applicable deadline, the treasurer of the municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the municipality for which all of the owners are responsible for paying the administrative penalty and collect it in the same manner as municipal taxes.

Enforcement in territory without municipal status

(19)  If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a territory without municipal organization and the penalty is not paid within 15 days after the applicable deadline, the prescribed authorized person who issued the order shall notify the Minister of Finance when,

  (a)  the time limit for submitting a request for review of the order has expired and no review has been requested; or

  (b)  a review of the order was requested and the reviewer confirmed or amended the order under clause (13) (b) or (c).

Same

(20)  When the Minister of Finance receives notice of an order under subsection (19), the amount of the administrative penalty may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax imposed under that Act.

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

L. G. in C.

(1.1)  The Lieutenant Governor in Council may make regulations governing administrative penalties that may be imposed under section 30.2, and, without limiting the foregoing, may make regulations,

  (a)  prescribing provisions of this Act and of the regulations for the purpose of subsection 30.2 (2);

  (b)  prescribing authorized persons for the purpose of section 30.2, which may include authorizing municipalities to appoint prescribed authorized persons;

  (c)  prescribing the amount of a penalty, or a method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria;

  (d)  authorizing prescribed authorized persons to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection 30.2 (2), including prescribing that the criteria may include aggravating or mitigating factors;

  (e)  authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues;

   (f)  authorizing higher penalties for a second or subsequent contravention or failure to comply;

  (g)  governing the payment of penalties and authorizing prescribed authorized persons to approve a plan of periodic payments that extends beyond the deadline;

  (h)  authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes;

   (i)  prescribing a lesser maximum penalty and the provisions of this Act or the regulations to which the lesser maximum penalty applies;

   (j)  prescribing and governing procedures for making and serving an order under section 30.2, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario;

  (k)  governing the review of an order, including,

          (i)  prescribing persons or entities as reviewers, which may include authorizing municipalities to appoint the reviewers,

         (ii)  establishing procedures for commencing and conducting a review,

        (iii)  establishing time limits for the stages of a review and authorizing the reviewer to extend any time limit,

        (iv)  prescribing that the review must or may be conducted orally, electronically or in writing or authorizing the reviewer to make that determination, and

         (v)  establishing criteria to be considered and criteria not to be considered by the reviewer when determining what decision to make;

   (l)  prescribing the form and content of orders under section 30.2;

(m)  prescribing circumstances in which a person is not required to pay an administrative penalty;

  (n)  providing that an administrative penalty is payable to a prescribed person rather than to the Minister of Finance, and is a debt due to the person to whom it is payable;

  (o)  providing for other matters to carry out the purpose of section 30.2.

Commencement

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

SCHEDULE 11
JURIES ACT

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

Required number of jury questionnaires

(2)  The Jury Sheriff shall determine the number of persons in the jury area who need to be mailed a jury questionnaire or instructions to access a jury questionnaire in order to attain the aggregate number of persons described in clause (1) (c).

Recommendation of local sheriff

(3)  The local sheriff may make recommendations to the Jury Sheriff respecting determinations under subsection (2).

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

Notice

Summoning jurors 28 days before attendance required

(1)  The Jury Sheriff shall summon every person on the panel list to serve on juries by mailing to the person a notice in the prescribed form at least 28 days before the day on which the person is to attend.

Shortened period

(1.1)  The 28-day period referred to in subsection (1) does not apply if,

  (a)  the Jury Sheriff is directed to randomly select and summon additional jurors under this Act; or

  (b)  the Jury Sheriff determines that adherence to the 28-day period is impossible or unreasonably difficult.

Commencement

3 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 12
JUSTICES OF THE PEACE ACT

1 Clause 2.1 (13) (a) of the Justices of the Peace Act is amended by striking out “cultural identity”.

Commencement

2 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 13
LAND TITLES ACT

1 Clause 35 (a) of the Land Titles Act is repealed and the following substituted:

  (a)  search against the patentee for writs of execution and other liens in the electronic database maintained by the sheriff who has territorial jurisdiction for the land titles division where the land registrar made the entry as the index of writs of execution; and

2 The French version of section 135 of the Act is amended by striking out “domicile élu” wherever it appears and substituting in each case “adresse aux fins de signification”.

3 (1)  Subsections 136 (1), (2) and (3) of the Act are repealed and the following substituted:

Executions

Definition

(1)  In this section,

“index” means the electronic database maintained by the sheriff as the index of writs of execution.

When land is bound

(2)  No registered land is bound by any writ of execution or any certificate of lien under the Bail Act until the sheriff to whom it is directed has complied with subsection 10 (4) of the Execution Act with respect to the writ of execution or certificate of lien, as the case may be.

Transfer void

(3)  No sale or transfer under a writ of execution or certificate of lien mentioned in subsection (2) is valid as against a person purchasing for valuable consideration before the sheriff has complied with subsection 10 (4) of the Execution Act with respect to the writ of execution or certificate of lien, as the case may be, although the purchaser may have had notice of the writ or certificate of lien, as the case may be.

(2)  Subsection 136 (6) of the Act is amended by striking out “subsection (1)” and substituting “subsection (2)”.

(3)  Subsections 136 (7) and (8) of the Act are repealed and the following substituted:

Where writ not binding

(7)  A writ of execution or certificate of lien mentioned in subsection (2) does not bind land being transferred or charged as against the transferee or chargee if the following criteria are satisfied:

   1.  The land registrar decides that the name of the execution debtor appearing in the writ or certificate of lien, as the case may be, and the name of the registered owner as it appears in the records of the land registry office of the land registrar do not represent the same person.

   2.  The land registrar does one of the following:

           i.  In the case of a charge, issues a certificate to the effect that the land registrar has made the decision described in paragraph 1.

          ii.  In the case of a transfer, registers the transfer free of the writ or certificate of lien, as the case may be.

Amendment to Bail Act

4 Section 2 of the Bail Act is amended by striking out “subsection 136 (1) of the Land Titles Act” and substituting “subsection 10 (4) of the Execution Act”.

Commencement

5 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 14
LAW SOCIETY ACT

1 Subsection 51 (6) of the Law Society Act is repealed and the following substituted:

Conditions of grants

(6)  No grant shall be made out of the Fund unless notice in writing of the loss is received by the Society within two years after the loss came to the knowledge of the person suffering the loss.

Commencement

2 This Schedule comes into force on the day Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 15
LEGISLATION ACT, 2006

1 Subsection 8 (3) of the Legislation Act, 2006 is repealed and the following substituted:

Provisions coming into force on a day to be named by order

(3)  If an Act provides that any provisions of an Act are to come into force on a day to be named by order of the Lieutenant Governor in Council, the following rules apply to such an order:

   1.  Orders may be issued at different times for different parts, portions or sections of those provisions.

   2.  The order may be amended or revoked by a further order of the Lieutenant Governor in Council.

   3.  The order may be amended or revoked before the date named by the order, but not on or after that date.

   4.  If the order names different dates for different provisions, the order may be amended or revoked with respect to a particular provision before the date named for that provision, but not on or after that date.

Effect of amendment to order

(4)  For greater certainty, the dates referred to in paragraphs 3 and 4 of subsection (3) are the dates as amended by any amendments to that order.

2 The Act is amended by adding the following section:

Transition — provisions to come into force on proclamation

8.1  (1)  A provision of an Act that is to come into force on a day to be named by proclamation of the Lieutenant Governor is deemed to be a provision that is to come into force on a day to be named by order of the Lieutenant Governor in Council.

Same

(2)  A proclamation that names a day on which any provisions of an Act are to come into force may be amended by order of the Lieutenant Governor in Council in accordance with the rules set out in section 8, with necessary modifications.

Continued validity of issued proclamations

(3)  Any proclamation that names a day on which provisions of an Act are to come into force and that was issued on or before the day that is 30 days after the day this section came into force continues to be valid.

3 (1)  Clause 10.1 (1) (a) of the Act is repealed and the following substituted:

  (a)  is to come into force on a day to be named by order of the Lieutenant Governor in Council;

(2)  Clause 10.1 (2) (a) of the Act is amended by adding “or is repealed” after “it comes into force”.

4 Section 13 of the Act is amended by adding the following subsection:

Same

(2)  Judicial notice shall be taken of the issuing and contents of,

  (a)  every order of the Lieutenant Governor in Council that names a day on which provisions of an Act are to come into force; and

  (b)  every order of the Lieutenant Governor in Council that amends or revokes an order described in clause (a).

5 (1)  Section 15 of the Act is amended by adding the following subsections:

Publication of certain orders

(3.1)  Every order of the Lieutenant Governor in Council that names a day on which provisions of an Act are to come into force, and every order of the Lieutenant Governor in Council that amends or revokes such an order, shall be published on the e-Laws website promptly after it is made.

Corrections

(3.2)  If the Chief Legislative Counsel discovers that an order that is published on the e-Laws website in accordance with subsection (3.1) differs from the order that was made, the Chief Legislative Counsel shall ensure that a corrected order is promptly published on the e-Laws website.

(2)  Subsection 15 (4) of the Act is amended by striking out “subsection (2) or (3)” and substituting “subsection (2), (3) or (3.2)”.

6 Subsection 19 (8) of the Act is repealed.

7 Section 23 of the Act is amended by adding the following subsection:

Same

(1.1)  A commencement provision in a regulation is deemed to come into force on the day the regulation is filed, regardless of when the regulation is specified to come into force.

8 The Act is amended by adding the following section:

Exercise of delegated power before commencement

23.1  (1)  A power conferred by a regulation may be exercised at any time after the regulation is filed even if the regulation is not yet in force.

Same

(2)  Until the regulation comes into force, the exercise of a power in accordance with subsection (1) has no effect except as may be necessary to make the regulation effective when it comes into force.

9 Section 48 of the Act is repealed and the following substituted:

Existing and future legislation

48 Section 46 applies regardless of when the Act or regulation was enacted or made.

10 Clause 51 (1) (c) of the Act is repealed and the following substituted:

  (c)  affect a contravention of or offence committed against the repealed or revoked Act or regulation, or any penalty, forfeiture or punishment incurred in connection with the contravention or offence; or

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

Same

(4)  Subsection (3) applies with necessary modifications if a power of a minister of the Crown to make regulations is conferred on a different minister of the Crown under the Executive Council Act.

12 Subsections 59 (1) and (2) of the Act are repealed and the following substituted:

References to Ontario legislation

(1)  A reference in an Act or regulation to a provision of another Act or regulation is a reference to the provision,

  (a)  as amended;

  (b)  as changed under Part V (Change Powers); or,

  (c)  if the provision has been replaced, to the replacement provision.

Same

(2)  Subsection (1) applies whether the provision is amended, changed or replaced before or after the commencement of the provision containing the reference.

13 Subsections 60 (1) and (2) of the Act are repealed and the following substituted:

References to other Canadian legislation

(1)  A reference in an Act or regulation to a provision of an Act or regulation of Canada or of another province or territory of Canada is a reference to the provision,

  (a)  as amended;

  (b)  as changed in the exercise of a statutory power to make non-substantive changes; or,

  (c)  if the provision has been replaced, to the replacement provision.

Same

(2)  Subsection (1) applies whether the provision is amended, changed or replaced before or after the commencement of the provision containing the reference.

14 Subsection 62 (5) of the Act is amended by striking out “the day the Access to Justice Act, 2006 receives Royal Assent” at the end and substituting “October 19, 2006”.

15 Section 75 of the Act is repealed.

16 The French version of paragraph 1 of subsection 89 (6) of the Act is amended by adding “à partir du jour déterminé” after “se calcule”.

17 Subsection 92 (2) of the Act is amended by striking out “on the day before the day the Access to Justice Act, 2006 receives Royal Assent” at the end and substituting “immediately before October 19, 2006”.

Commencement

18 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

(2)  Sections 1 and 2, subsection 3 (1) and sections 4, 5 and 15 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 16
PROVINCIAL OFFENCES ACT

1 (1)  Subsections 5 (1) and (2) of the Provincial Offences Act are repealed and the following substituted:

Having a trial

(1)  A defendant who is served with an offence notice may give notice of their intention to appear in court for the purpose of entering a plea and having a trial of the matter by,

  (a)  completing the notice of intention to appear part of the offence notice and delivering it to the court office in the manner specified in the offence notice;

  (b)  completing a notice of intention to appear in the form determined by the regulations and delivering it to the court office in any manner by which the offence notice may be delivered under clause (a); or

  (c)  giving notice of their intention to appear in any other manner specified in the offence notice.

(2)  Subsection 5 (4) of the Act is amended by striking out “given to” and substituting “received by”.

2 (1)  Subsection 5.1 (2) of the Act is repealed and the following substituted:

Requesting a meeting

(2)  A defendant may, instead of giving notice of intention to appear under section 5, request a meeting with the prosecutor to discuss the resolution of the offence if, within 15 days after being served with the offence notice, the defendant,

  (a)  indicates the request on the offence notice and delivers it to the court office in the manner specified in the offence notice; or

  (b)  makes the request in any other manner specified in the offence notice.

(2)  Subsection 5.1 (2.1) of the Act is amended by striking out “delivered to” and substituting “received by”.

Commencement

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

SCHEDULE 17
PUBLIC OFFICERS ACT

1 Sections 7 to 11, 13 and 14 of the Public Officers Act are repealed.

Niagara Parks Act

2 Section 18 of the Niagara Parks Act is repealed.

Pension Benefits Act

3 Section 99 of the Pension Benefits Act is repealed.

St. Lawrence Parks Commission Act

4 Section 15 of the St. Lawrence Parks Commission Act is repealed.

Commencement

5 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.

SCHEDULE 18
VICTIMS’ BILL OF RIGHTS, 1995

1 The French version of the title of the Victims’ Bill of Rights, 1995 is amended by striking out “d’actes criminels” and substituting “d’infractions criminelles”.

2 (1)  The French version of the definition of “crime” in section 1 of the Act is repealed.

(2)  The French version of section 1 of the Act is amended by adding the following definition:

«infraction criminelle» Infraction prévue au Code criminel (Canada). («crime»)

3 (1)  Subsection 3 (2) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Presumption

(2)  The following victims of a crime shall be presumed to have suffered emotional distress, if the crime is prescribed for the purposes of subsection (1):

.     .     .     .     .

(2)  Subsection 3 (2) of the Act is amended by adding the following paragraphs:

   4.  A victim of a crime of a sexual nature if the victim was under the age of 18 or was a person with a disability at the time of the crime.

   5.  A victim of the publication or distribution of a voyeuristic recording or an intimate image without consent, or any other activity that is in contravention of subsection 162 (4) or 162.1 (1) of the Criminal Code (Canada).

   6.  A victim of a crime respecting trafficking in persons.

4 Clause 5 (2) (b) of the Act is amended by striking out “section 727.9” and substituting “section 737”.

5 (1)  Subsection 5.1 (1) of the Act is amended by striking out “d’actes criminels” at the end and substituting “d’infractions criminelles”.

(2)  Subsection 5.1 (7) of the Act is repealed.

6 The French version of the Act, except subsection 5.1 (1), is amended by,

  (a)  striking out “actes criminels” wherever it appears and substituting in each case “infractions criminelles”;

  (b)  striking out “d’un acte criminel prescrit” wherever it appears and substituting in each case “d’une infraction criminelle prescrite”;

  (c)  striking out “d’un acte criminel” wherever it appears and substituting in each case “d’une infraction criminelle”; and

  (d)  striking out “l’acte criminel” wherever it appears and substituting in each case “l’infraction criminelle”.

Consequential Amendments

Coroners Act

7 The French version of subsection 41 (3) of the Coroners Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” wherever it appears and substituting in each case “Charte de 1995 des droits des victimes d’infractions criminelles”.

Correctional Services and Reintegration Act, 2018

8 (1)  The French version of section 147 of the Correctional Services and Reintegration Act, 2018 is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles”.

(2)  The French version of paragraph 67 of subsection 156 (1) of the Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles”.

Highway Traffic Act

9 The French version of clause 21.1 (14) (k.1) of the Highway Traffic Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” and substituting “Charte de 1995 des droits des victimes d’infractions criminelles” at the end.

Ministry of Correctional Services Act

10 The French version of the Ministry of Correctional Services Act is amended by striking out “Charte de 1995 des droits des victimes d’actes criminels” wherever it appears and substituting in each case “Charte de 1995 des droits des victimes d’infractions criminelles”.

Commencement

Commencement

11 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day Enhancing Access to Justice Act, 2023 receives Royal Assent.

(2)  Sections 1 and 2, subsection 5 (1) and sections 6, 7, 9 and 10 come into force on the day to be named by proclamation of the Lieutenant Governor.

(3)  Subsection 8 (1) comes into force on the later of the day section 6 comes into force and the day section 147 of the Correctional Services and Reintegration Act, 2018 comes into force.

(4)  Subsection 8 (2) comes into force on the later of the day section 6 comes into force and the day paragraph 67 of subsection 156 (1) of the Correctional Services and Reintegration Act, 2018 comes into force.

SCHEDULE 19
REFERENCES TO THE CROWN

Auditor General Act

1 (1)  The definition of “Crown controlled corporation” in section 1 of the Auditor General Act is amended by striking out “Her Majesty” and substituting “the Crown”.

(2)  Clause 21 (1) (b) of the Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being), her heirs” and substituting “His Majesty King Charles the Third (or the reigning sovereign for the time being), his heirs”.

Barristers Act

2 (1)  The English version of section 1 of the Barristers Act is amended by striking out “Her Majesty’s courts in Ontario” at the end and substituting “His Majesty’s courts in Ontario”.

(2)  The English version of subsection 2 (1) of the Act is amended by striking out ““Her Majesty’s counsel learned in the law”” and substituting ““His Majesty’s counsel learned in the law””.

(3)  Subsection 2 (2) of the Act is amended by striking out “Queen’s” and substituting “King’s”.

Courts of Justice Act

3 (1)  Section 93 of the Courts of Justice Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 131 (2) of the Act is repealed and the following substituted:

Crown costs

(2)  In a proceeding to which the Crown is a party, costs awarded to the Crown shall not be disallowed or reduced on assessment merely because they relate to a lawyer who is a salaried officer of the Crown, and costs recovered on behalf of the Crown shall be paid into the Consolidated Revenue Fund.

Same

(3)  In subsection (2),

“Crown” means the Crown in right of Ontario.

Crown Administration of Estates Act

4 (1)  Section 7 of the Crown Administration of Estates Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Section 8 of the Act is amended by striking out “either in his or her own name, on behalf of Her Majesty, or in the name of Her Majesty” and substituting “either in the Public Guardian and Trustee’s own name on behalf of the Crown in right of Ontario or in the name of the Crown in right of Ontario”.

(3)  Subsection 14 (2) of the Act is amended by striking out “Her Majesty or the Province” and substituting “the Crown in right of Ontario”.

Education Act

5 Subsection 209 (3) of the Education Act is amended by striking out “Her Majesty, Queen Elizabeth II” and substituting “His Majesty King Charles the Third”.

Evidence Act

6 (1)  Section 25 of the Evidence Act is amended by striking out “the Queen’s” and substituting “His Majesty’s”.

(2)  Clause 26 (e) of the Act is amended by striking out “by the Queen’s Printer or by the government printer for the province or territory” and substituting “by the King’s Printer for Ontario, the printer for the Government of Canada or the government printer for the province or territory”.

(3)  The English version of the Act is amended by striking out “Her Majesty’s” and “Her Majesty” wherever they appear and substituting in each case “His Majesty’s” and “His Majesty” respectively.

Fuel Tax Act

7 (1)  Subsection 8 (11) of the Fuel Tax Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 13 (11) of the Act is amended by striking out “Her Majesty the Queen” and substituting “the Crown”.

(3)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Gasoline Tax Act

8 (1)  Subsection 5 (11) of the Gasoline Tax Act is amended by striking out “Her Majesty” and substituting “the Crown in right of Ontario”.

(2)  Subsection 19 (4) of the Act is amended by striking out “Her Majesty the Queen” and substituting “the Crown”.

(3)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Legislation Act, 2006

9 (1)  The English version of section 6 of the Legislation Act, 2006 is amended by striking out “Her Majesty” and substituting “His Majesty”.

(2)  Subsection 42 (2) of the Act is amended by adding the following paragraph:

9.1  Make such changes as may be required to reflect a change of reigning sovereign or to otherwise change the terminology used to refer to the Crown in accordance with Ontario drafting practices.

(3)  Section 71 of the Act is amended by striking out “Her Majesty” and “Her Majesty’s” and substituting “the Crown” and “the Crown’s” respectively.

(4)  The English version of the definition of ““Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown”” in section 87 of the Act is amended by striking out “Her other Realms” and substituting “His other Realms”.

(5)  The English version of the definition of “Lieutenant Governor” in section 87 of the Act is amended by striking out “Her Majesty’s” and substituting “His Majesty’s”.

(6)  The Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer for Ontario”.

Legislative Assembly Act

10 Subsection 101 (3) of the Legislative Assembly Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being), her heirs” and substituting “His Majesty King Charles the Third (or the reigning sovereign for the time being), his heirs”.

Mining Act

11 Subsection 91 (1) of the Mining Act is amended by striking out “Her Majesty, Her heirs and successors” and substituting “the Crown”.

Ministry of Government Services Act

12 The Ministry of Government Services Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer”.

Ontario Gazette Act

13 (1)  Sections 1 and 2 of the Ontario Gazette Act are amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer for Ontario”.

(2)  Section 4 of the Act is amended by striking out “Queen’s Printer” wherever it appears and substituting in each case “King’s Printer”.

Public Officers Act

14 Section 4 of the Public Officers Act is amended by striking out “Her Majesty Queen Elizabeth the Second (or the reigning Sovereign for the time being), her heirs and successors” and substituting “His Majesty King Charles the Third (or the reigning Sovereign for the time being), his heirs and successors”.

Public Transportation and Highway Improvement Act

15 (1)  Subsection 33 (7) of the Public Transportation and Highway Improvement Act is amended by,

  (a)  striking out ““Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario” in English or as “Sa Majesté du chef de l’Ontario, représentée par le Ministre des Transports de l’Ontario” in French” and substituting ““His Majesty the King in right of Ontario” in English or as “Sa Majesté du chef de l’Ontario” in French”; and

  (b)  striking out “a subject of Her Majesty” in the English version and substituting “a subject of His Majesty”.

(2)  The English version of subsection 33 (8) of the Act is amended by striking out “a subject of Her Majesty” and substituting “a subject of His Majesty”.

Securities Act

16 (1)  Clause 142 (1) (c) of the Securities Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada,

(2)  Clause 142 (2) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(3)  Clause 142 (2.1) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(4)  Clause 142 (3) (c) of the Act is repealed and the following substituted:

  (c)  the Crown in right of any other province of Canada or the Government of a territory of Canada; or

(5)  The Act is amended by striking out “Her Majesty” wherever it appears and substituting in each case “the Crown”.

Commencement

17 This Schedule comes into force on the day the Enhancing Access to Justice Act, 2023 receives Royal Assent.