EXPLANATORY NOTE
This Explanatory Note was written as a reader’s
aid to Bill 227 and does not form part of the law.
Bill 227 has been enacted as Chapter 28 of the Statutes of Ontario, 2024.
SCHEDULE 1
ALGONQUIN FORESTRY AUTHORITY ACT
The Schedule amends section 5 of the Algonquin Forestry Authority Act so that, instead of the Lieutenant Governor in Council appointing a person to be the general manager of the Authority, the Authority will now hire the general manager. A consequential amendment is made to subsection 6 (1).
SCHEDULE 2
ARCHITECTS ACT
The Schedule amends the Architects Act.
Section 11 is amended to add references to agricultural occupancy and to add a definition of “agricultural occupancy”.
Currently, section 53 of the Act provides that the Council of the Association of Architects of Ontario shall make a report annually to the Minister and that the Minister shall submit the report to the Lieutenant Governor in Council and lay the report before the Assembly. Section 53 is repealed and replaced to provide that, no later than 120 days after the end of each financial year of the Association, the Council shall provide the Minister with a copy of an annual report for that year, and to require the Association to make its annual report publicly accessible by publishing it on its website and by making it available as a document in paper format or in any other format, on request and at cost, to members of the public.
SCHEDULE 3
COMBATIVE SPORTS ACT, 2019
The Schedule amends the French version of the Combative Sports Act, 2019 to change the French equivalent to the defined term “matchmaker” from “promoteur de match” to “organisateur”. The Schedule also adds section 50.1 to both the English and French versions of the Act. Section 50.1 provides that regulations made under section 49 or 50 of the Act may include rolling incorporation of a document.
SCHEDULE 4
COURTS OF JUSTICE ACT
The Schedule amends the Courts of Justice Act to make changes to the membership of the Civil Rules Committee and of the Family Rules Committee, largely to permit the Chief Justice of Ontario and the Chief Justice of the Superior Court of Justice to designate judges to be a member in their place or in the place of an Associate Chief Justice.
The Act is also amended by giving family and other civil court rule-making authority to the Attorney General. Currently, the Family Rules Committee makes court rules respecting family matters (section 68), and the Civil Rules Committee makes court rules respecting all other civil matters (section 66). The making of these rules is subject to the approval of the Attorney General. Under the new section 68.1, the Attorney General is given the same rule-making authority that the Rules Committees have, which the Attorney General can exercise subject to prior consultation with the relevant chief justices and the presiding member of the relevant Rules Committee. The Attorney General can make new rules or amend or revoke rules made by a Rules Committee. The Rules Committees retain their rule-making powers, but rules made by the Attorney General prevail over those made by a Rules Committee, in the event of a conflict.
Finally, the Schedule repeals sections 79 (Ontario Courts Management Advisory Committee) and 79.2 (Regional Courts Management Advisory Committee).
SCHEDULE 5
EDUCATION ACT
The Education Act is amended by adding the term “system principal”. Duties of system principals include leading or supporting a function, program or initiative of a board in respect of multiple schools of the board, or in respect of the schools or the pupils of the board generally, and exercising managerial functions for one or more employees of a board. Various related and consequential amendments are made to the Act and other Acts.
SCHEDULE 6
ELECTION FINANCES ACT
The Election Finances Act is amended to allow the Chief Electoral Officer to forgive payment of amounts owed to the Chief Electoral Officer before January 1, 2017.
SCHEDULE 7
ENVIRONMENTAL PROTECTION ACT
The Environmental Protection Act is amended to give the Lieutenant Governor in Council authority to prescribe circumstances in which an owner of a property is prohibited from submitting for filing in the Registry a record of site condition in respect of the property.
SCHEDULE 8
EXPROPRIATIONS ACT
The Schedule amends the Expropriations Act with respect to the publication of notices and other documents. Amendments include requiring that publication of an expropriating authority’s notice of application for approval to expropriate be done in accordance with the regulations. The Lieutenant Governor in Council is given authority to make regulations governing the publication of notices and other documents for the purposes of the Act.
SCHEDULE 9
FAMILY LAW ACT
The Schedule amends the Family Law Act.
The definition of “child” is amended to clarify the language of the definition.
A new section 59.9 allows a party who is entitled to the enforcement of a family arbitration award containing a provision for support or maintenance to file that award with the clerk of the Superior Court of Justice or the Family Court. The section provides that, upon filing of the award, the provision for support or maintenance may be enforced as if it were an order of the court where it is filed. Finally, the section provides that the filing of the award does not affect the right of a party to apply to the court under subsection 46 (1) of the Arbitration Act, 1991 to set aside the award.
Consequential amendments are made to the Family Responsibility and Support Arrears Enforcement Act, 1996 and the Interjurisdictional Support Orders Act, 2002.
SCHEDULE 10
FARM IMPLEMENTS ACT
The Farm Implements Act is amended as follows:
New subsection 3 (7) of the Act provides that a provision in a dealership agreement that purports to restrict the application of the law of Ontario or restrict jurisdiction or venue to a forum outside Ontario is void.
Subsection 4 (5) of the Act is amended by removing certain powers of the Director under the Act.
Section 5 of the Act is amended such that certain elements of the dispute resolution process do not apply to disputes regarding the refusal to renew or termination of dealership agreements. New subsections 5 (5.1) and (5.2) provide for the continuation of a dealership agreement in certain circumstances. Subsections 5 (7) to (9) of the Act, which relate to appeal to the Divisional Court, are repealed. Related regulation-making authority is added to section 35 of the Act.
Sections 6, 7, 8 and 35 of the Act are amended to remove rules respecting renewals of registration.
SCHEDULE 11
JURIES ACT
The Schedule re-enacts section 4.1 of the Juries Act, which deals with the preparation of the jury source list that is used by the Jury Sheriff to create a jury roll. The jury source list is prepared by the Minister of Health based on information available to the Minister in respect of insured persons under the Health Insurance Act. The re-enacted section requires that, in addition to disclosing the names and addresses of persons for the purposes of the jury source list, the Minister must also disclose their year of birth. Related amendments are made to section 6 of the Act.
SCHEDULE 12
JUSTICES OF THE PEACE ACT
The Schedule amends section 2.1 of the Justices of the Peace Act. The number of core members of the Justices of the Peace Appointments Advisory Committee is raised from three to four, with the Attorney General given the power to appoint two of them. New provisions are added to provide for an alternate core member, alternate regional leads and a vice-chair of the Committee.
SCHEDULE 13
LAND TITLES ACT
The Schedule makes various amendments to the Land Titles Act in relation to eligibility to recover out of the Land Titles Assurance Fund. In addition, section 171 of the Act, which provides for a process by which owners may apply to the land registrar to have land withdrawn from the Act owing to the existence of special circumstances, is repealed.
SCHEDULE 14
LAW SOCIETY ACT
Currently, subsection 54 (6) of the Law Society Act provides that the board of the Law Foundation of Ontario shall make a report annually to the Attorney General on the activities of the Foundation, including the report of the auditor under subsection 54 (5), and that the Attorney General shall lay the report before the Assembly. Subsection 54 (6) is re-enacted to provide that, no later than 120 days after the end of each fiscal year of the Government of Ontario, the board shall provide the Attorney General with a copy of an annual report for the previous calendar year, which shall include the report of the auditor under subsection 54 (5) and such other information as the Attorney General requires.
A new subsection 54 (7) is added to require the Foundation to make its annual report publicly accessible by publishing it on its website and by making it available as a document in paper format or in any other format, on request and at cost, to members of the public.
SCHEDULE 15
LEGISLATIVE ASSEMBLY ACT
The Schedule repeals section 108.1 of the Legislative Assembly Act.
SCHEDULE 16
MINING ACT
The Schedule amends section 176 of the Mining Act by adding subsection (2.1.2). This subsection provides that, except as otherwise governed by the Act or the regulations, the Minister of Mines may make regulations respecting service standards for the processing of any application, submission or filing under the Act or the regulations, including establishing standard time periods for procedural steps to be taken by the Minister or Ministry of Mines.
SCHEDULE 17
MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020
Currently, the Modernizing Ontario for People and Businesses Act, 2020 provides that a regulatory impact analysis must be conducted if an instrument governed by the Act would affect a regulated entity. The Act is amended to provide that an analysis must also be conducted if an instrument would affect individuals. Other related amendments are made.
SCHEDULE 18
NORTHERN SERVICES BOARDS ACT
The Schedule makes various amendments to the Northern Services Boards Act. Some of the more significant amendments are described below.
The term of office for a Board member set out in section 5 is increased from one year to three years. Consequential amendments are made to other sections.
Section 10 is amended to provide that a part of a meeting of the Board shall be closed to the public if the subject matter being considered during that part of the meeting is a request made under the Municipal Freedom of Information and Protection of Privacy Act, if the Board is the head of an institution for the purposes of that Act, or an ongoing investigation respecting the Board by the Ombudsman appointed under the Ombudsman Act. The new subsection 10 (5) provides that a part of a meeting may be closed to the public if the subject matter set out in that subsection is the subject matter being considered at that part of the meeting. Before holding a part of a meeting that is to be closed to the public, a Board shall state, by resolution, the fact that part of the meeting will be closed to the public and the general nature of the matter to be considered at that part of the meeting. Subsection 10 (8) sets out when a meeting may be closed to the public during a vote.
The new section 10.1 provides that a person may request that an investigation be undertaken by the Ombudsman regarding whether a Board has complied with the requirements related to meetings or parts of meetings that are closed to the public. If the Board receives a report from the Ombudsman reporting the Ombudsman’s opinion, and the reasons for it, that a meeting or part of a meeting that was the subject matter of an investigation appears to have been closed to the public contrary to subsections 10 (4) to (8), the Board shall pass a resolution stating how it intends to address the report.
SCHEDULE 19
OMBUDSMAN ACT
The Schedule amends the Ombudsman Act by adding a new section 14.2. Section 14.2 applies with respect to Local Services Boards within the meaning of the Northern Services Boards Act.
If a person makes a request under subsection 10.1 (1) of the Northern Services Boards Act, the Ombudsman may investigate whether a Local Services Board has complied with subsections 10 (4) to (8) of the Northern Services Boards Act in respect of a meeting or part of a meeting that was closed to the public. If, after completing such an investigation, the Ombudsman is of the opinion that the meeting or part of the meeting appears to have been closed to the public contrary to subsections 10 (4) to (8) of the Northern Services Boards Act, the Ombudsman shall report their opinion, and the reasons for it, to the Local Services Board and may make such recommendations as they think fit. Reports received by the Local Services Board shall be made available to the public.
Subsections 14.2 (7) and (8) set out which other provisions of the Ombudsman Act apply for the purposes of the new section 14.2.
SCHEDULE 20
ONTARIO HERITAGE ACT
The Schedule amends section 10 of the Ontario Heritage Act. A new subsection 10 (2.1) sets out an exception to the rule in subsection 10 (2). Under subsection 10 (2.1), approval of the Minister is not required for the release of easements entered into by the Ontario Heritage Trust with owners of real property if the Trust has determined that such a release over the property or part of the property would not affect heritage attributes that are described in the easement.
SCHEDULE 21
ONTARIO NEW HOME WARRANTIES PLAN ACT
The Schedule amends the Ontario New Home Warranties Plan Act. Here are some highlights:
1. Various terminological changes are made, including adding new definitions of “purchase agreement” and “construction contract” and replacing those terms in places where “contract” is mentioned.
2. New clause 23 (1) (c) authorizes the Corporation to make by-laws requiring a purchaser of a specified type of home to notify the Corporation of a purchase agreement, as well as to make by-laws governing the timelines, manner and information in connection with such notice. New clause 23 (1) (d) adds similar authority with respect to requiring an owner of land to notify the Corporation of a construction contract.
3. Currently, clause 23 (1) (m.3) authorizes the Corporation to make by-laws governing the entitlement of an owner to payment out the guarantee fund, including interest, as compensation under section 14. The clause is re-enacted to apply to entitlements under subsection 14 (1) or (2), and to also provide that such authority includes, among other things, providing for the maximum amount of entitlements and different amounts of entitlements, depending on various specified circumstances, including whether a purchaser or owner of land has complied with a requirement set out in a by-law made under clause 23 (1) (c) or (d), as applicable.
4. A new clause 23 (1) (m.3.1) is added to authorize the Corporation to make by-laws governing the entitlement of a person to payment out of the guarantee fund, including interest, as compensation under subsections 14 (3), (4) and (5.0.3).
5. A new subsection 23 (3) provides that a by-law made under clause 23 (1) (m.3) may provide for, among other things, the establishment and maintenance of a special fund within the guarantee fund from which entitlements are to be paid in respect of claims where a purchaser or owner of land has not complied with a requirement set out in a by-law made under clause 23 (1) (c) or (d), as applicable.
SCHEDULE 22
ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012
The Schedule amends section 7 of the Ontario Underground Infrastructure Notification System Act, 2012. Subsection 7 (6.1) is added to the Act to permit affected members to submit a request to the Corporation to be approved to respond to notifications respecting the member’s own underground infrastructure. New subsections 7 (6.2) and (6.3) of the Act provide for the determination and notification process for the Corporation in response to such a request and new subsection 7 (6.4) of the Act provides that such determinations are final. New subsection 7 (6.5) of the Act sets out the effects of various determinations made by the Corporation. Subsection 7 (7) of the Act is amended to reflect the request process set out in new subsections 7 (6.1) to (6.5) of the Act. Various other related amendments are made to section 7 of the Act.
SCHEDULE 23
PROFESSIONAL ENGINEERS ACT
The Schedule amends the Professional Engineers Act.
Section 12 is amended to add references to agricultural occupancy and to add a definition of “agricultural occupancy”.
Currently, section 48 of the Act provides that the Council of the Association of Professional Engineers of Ontario shall make a report annually to the Minister and that the Minister shall submit the report to the Lieutenant Governor in Council and lay the report before the Assembly. Section 48 is repealed and replaced to provide that, no later than 120 days after the end of each financial year of the Association, the Council shall provide the Minister with a copy of an annual report for that year, and to require the Association to make its annual report publicly accessible by publishing it on its website and by making it available as a document in paper format or in any other format, on request and at cost, to members of the public.
SCHEDULE 24
RESIDENTIAL TENANCIES ACT, 2006
Section 212 of the Residential Tenancies Act, 2006 provides that substantial compliance with the Act respecting the contents of forms, notices or documents is sufficient. The Schedule amends section 212 to add a statement, for greater certainty, that an error in the contents of a form, notice or document still constitutes substantial compliance, as long as the error does not significantly prejudice a party’s ability to participate in a proceeding under this Act.
SCHEDULE 25
STATUTORY POWERS PROCEDURE ACT
Section 4.4 of the Statutory Powers Procedure Act, which creates a default rule for dealing with the incapacity of a member of a tribunal who has participated in a hearing, is re-enacted. The new version of section 4.4 addresses the incapacity of a tribunal member in greater detail, and also addresses the failure of a panel to complete a hearing or make a decision within a reasonable time. As with the current section 4.4, the new section is subject to any other Act or regulation that may apply.
Consequential amendments are made to various Acts.
SCHEDULE 26
UNIVERSITY HEALTH NETWORK ACT, 1997
The Schedule repeals the University Health Network Act, 1997.
SCHEDULE 27
CONSEQUENTIAL AMENDMENTS IN RESPECT OF SECTION 11.0.1 OF THE MINISTRY OF
INFRASTRUCTURE ACT, 2011 AND OTHER RELATED AMENDMENTS
Various statutes are amended with respect to the acquisition or disposition of real estate.
The Agricultural Research and Innovation Ontario Act is amended to provide that the Corporation under that Act shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
The Building Ontario Fund Act, 2024 is amended so that certain powers of the Corporation under that Act are subject to limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. The Act is also amended to provide that the Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council, except with respect to investments made by the Corporation in carrying out its objects.
The Capital Investment Plan Act, 1993 is amended so that certain powers of the Ontario Clean Water Agency established under that Act are subject to limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. The Act is also amended to provide that the Ontario Clean Water Agency shall not acquire or dispose of a freehold interest in real property without the approval of the Minister of the Environment, Conservation and Parks, with certain exceptions.
The Metrolinx Act, 2006 is amended so that certain powers of the Corporation under that Act are subject to limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. The Act is also amended to provide that the Corporation shall not dispose of a freehold interest in real property except with the approval of the Lieutenant Governor in Council, with certain exceptions, and, if regulations have been made by the Lieutenant Governor in Council, in accordance with those regulations.
The Ontario Cannabis Retail Corporation Act, 2017 is amended so that certain powers of the Corporation under that Act are subject to limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. The Act is also amended to provide that the Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
The Ontario Food Terminal Act is amended to provide that the Board under that Act shall not acquire a freehold interest in real property without the approval of the Minister and shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
The Ontario Forest Tenure Modernization Act, 2011 is amended to provide that the Nawiinginokiima Forest Management Corporation and the Temagami Forest Management Corporation established under that Act shall not acquire or dispose of a freehold interest in real property without the approval of the Minister.
The Ontario Heritage Act is amended to provide that the Trust under that Act shall not receive or acquire a freehold interest in real property without the approval of the Minister.
The Ontario Lottery and Gaming Corporation Act, 1999 is amended so that certain powers of the Corporation under that Act are subject to limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. The Act is also amended to provide that the Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
The Ontario Northland Transportation Commission Act is amended to provide that the Commission under that Act shall not acquire a freehold interest in real property without the approval of the Minister and shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
The Venture Ontario Act, 2008 is amended so that certain powers of the Corporation under that Act are subject to limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.
Bill 227 2024
An Act to amend various Acts
CONTENTS
|
|
Contents of this Act |
|
Commencement |
|
Short title |
|
Algonquin Forestry Authority Act |
|
Architects Act |
|
Combative Sports Act, 2019 |
|
Courts of Justice Act |
|
Education Act |
|
Election Finances Act |
|
Environmental Protection Act |
|
Expropriations Act |
|
Family Law Act |
|
Farm Implements Act |
|
Juries Act |
|
Justices of the Peace Act |
|
Land Titles Act |
|
Law Society Act |
|
Legislative Assembly Act |
|
Mining Act |
|
Modernizing Ontario for People and Businesses Act, 2020 |
|
Northern Services Boards Act |
|
Ombudsman Act |
|
Ontario Heritage Act |
|
Ontario New Home Warranties Plan Act |
|
Ontario Underground Infrastructure Notification System Act, 2012 |
|
Professional Engineers Act |
|
Residential Tenancies Act, 2006 |
|
Statutory Powers Procedure Act |
|
University Health Network Act, 1997 |
|
Consequential Amendments in Respect of Section 11.0.1 of the Ministry of Infrastructure Act, 2011 and Other Related Amendments |
Preamble
The Government of Ontario is committed to continuing to help Ontarians save time and money by reducing red tape and is dedicated to supporting better services and a stronger economy.
Therefore, 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 of its 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 Cutting Red Tape, Building Ontario Act, 2024.
SCHEDULE 1
ALGONQUIN FORESTRY AUTHORITY ACT
1 Section 5 of the Algonquin Forestry Authority Act is amended by striking out “The Lieutenant Governor in Council shall appoint” at the beginning and substituting “The Authority shall hire”.
2 Subsection 6 (1) of the Act is amended by striking out “appoint, employ and promote” and substituting “appoint, hire, employ and promote”.
Commencement
3 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 2
ARCHITECTS ACT
1 (1) Subclause 11 (3) (a) (ii) of the Architects Act is amended by striking out “mercantile occupancy or industrial occupancy” and substituting “mercantile occupancy, industrial occupancy or agricultural occupancy”.
(2) Paragraph 3 of subsection 11 (4) of the Act is amended by adding the following subparagraph:
v.1 agricultural occupancy that exceeds 600 square metres in gross area or three storeys,
(3) Subparagraph 3 vii of subsection 11 (4) of the Act is amended by adding the following sub-subparagraph:
B.1 agricultural occupancy and any other occupancy, except industrial occupancy,
(4) Sub-subparagraph 3 vii C of subsection 11 (4) of the Act is amended by striking out “institutional occupancy or industrial occupancy” in the portion before sub-subparagraph 3 vii D and substituting “institutional occupancy, agricultural occupancy or industrial occupancy”.
(5) Subsection 11 (6) of the Act is amended by adding the following definition:
“agricultural occupancy” means the occupancy of a building or part thereof that is located on land that is associated with and devoted to the practice of farming, and is used for the purpose of producing crops, raising farm animals or preparing, marketing, storing or processing agricultural products; (“établissement agricole”)
2 Section 53 of the Act is repealed and the following substituted:
Annual report
53 (1) No later than 120 days after the end of each financial year of the Association, the Council shall provide the Minister with a copy of an annual report for that year containing such information as the Minister requires.
Same
(2) The Association shall make its annual report publicly accessible by publishing it on its website and by making it available as a document in paper format or in any other format, on request and at cost, to members of the public.
Commencement
3 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
(2) Section 1 comes into force on the later of January 1, 2025 and the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 3
COMBATIVE SPORTS ACT, 2019
1 (1) The French version of the definition of “matchmaker” in subsection 1 (1) of the Combative Sports Act, 2019 is repealed.
(2) The French version of subsection 1 (1) of the Act is amended by adding the following definition:
«organisateur» Personne qui organise une compétition ou une exhibition de sports de combat professionnels. («matchmaker»)
2 The Act is amended by adding the following section:
Rolling incorporation by reference
50.1 A regulation made under section 49 or 50 that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.
Commencement
3 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 4
COURTS OF JUSTICE ACT
1 (1) Clauses 65 (2) (a) and (a.1) of the Courts of Justice Act are repealed and the following substituted:
(a) the Chief Justice of Ontario or another judge of the Court of Appeal designated by the Chief Justice;
(a.1) the Associate Chief Justice of Ontario or another judge of the Court of Appeal designated by the Chief Justice of Ontario;
(a.2) the Chief Justice of the Superior Court of Justice or another judge of that court designated by the Chief Justice;
(a.3) the Associate Chief Justice of the Superior Court of Justice or another judge of that court designated by the Chief Justice of that court;
(2) Subsection 65 (3) of the Act is repealed and the following substituted:
Presiding member
(3) The Civil Rules Committee shall be presided over,
(a) by the Chief Justice of Ontario; or
(b) if the Chief Justice of Ontario is absent or so requests, or is not serving as a member under clause (2) (a), by another member designated by the Chief Justice.
2 (1) Clauses 67 (2) (a), (b) and (d) of the Act are repealed and the following substituted:
(a) the Chief Justice of Ontario or another judge of the Court of Appeal designated by the Chief Justice;
(b) the Associate Chief Justice of Ontario or another judge of the Court of Appeal designated by the Chief Justice of Ontario;
(b.1) the Chief Justice of the Superior Court of Justice or another judge of that court designated by the Chief Justice;
(b.2) the Associate Chief Justice of the Superior Court of Justice or another judge of that court designated by the Chief Justice of that court;
. . . . .
(d) the Chief Justice of the Ontario Court of Justice or another judge of that court designated by the Chief Justice;
(2) Subsection 67 (3) of the Act is repealed and the following substituted:
Presiding member
(3) The Family Rules Committee shall be presided over,
(a) by the Chief Justice of Ontario; or
(b) if the Chief Justice of Ontario is absent or so requests, or is not serving as a member under clause (2) (a), by another member designated by the Chief Justice.
3 The Act is amended by adding the following section:
Civil, family rules made by the Attorney General
Civil rules
68.1 (1) Subject to subsection (3), the Attorney General may make rules respecting any matter about which the Civil Rules Committee has authority to make rules under section 66, and may amend or revoke any rule made by the Civil Rules Committee under that section.
Family rules
(2) Subject to subsection (3), the Attorney General may make rules respecting any matter about which the Family Rules Committee has authority to make rules under section 68, and may amend or revoke any rule made by the Family Rules Committee under that section.
Prior consultation
(3) Before a rule may be made under subsection (1) or (2), the Attorney General shall consult with,
(a) one or more of the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice and the Chief Justice of the Ontario Court of Justice, as the Attorney General considers appropriate given the proceedings to which the rule would apply; and
(b) the presiding member of the Civil Rules Committee or the Family Rules Committee, as the case may be.
Conflict
(4) In the event of a conflict between a rule made under this section and a rule made under section 66 or 68, the rule made under this section prevails to the extent of the conflict.
4 Sections 79 and 79.2 of the Act are repealed.
5 Subsection 140 (2) of the Act is amended by striking out “the judge’s own initiative” and substituting “a judge’s own initiative”.
Commencement
6 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 5
EDUCATION ACT
1 (1) The definition of “principal” in section 1 of the Education Act is amended by adding “and does not include a system principal” at the end.
(2) Section 1 of the Education Act is amended by adding the following definition:
“system principal” means a teacher appointed by a board to perform the duties of a system principal under this Act and the regulations; (“directeur de service”)
2 (1) Paragraph 3.4 of subsection 8 (1) of the Act is amended by striking out “principals” and substituting “principals, system principals”.
(2) Paragraph 14 of subsection 8 (1) of the Act is amended by striking out “principal” and substituting “principal, system principal”.
(3) Paragraph 16 of subsection 8 (1) of the Act is amended by striking out “principals” and substituting “principals, system principals”.
3 (1) Paragraph 26 of subsection 11 (1) of the Act is amended by striking out “principals” and substituting “principals, system principals”.
(2) Subsection 11 (1) of the Act is amended by adding the following paragraph:
system principals
26.0.0.1 providing that a provision of an Act or regulation that applies to principals also applies to system principals, with the modifications and in the circumstances prescribed by the regulations;
4 Subsection 171 (1) of the Act is amended by adding the following paragraph:
system principals
5.2 appoint teachers to be system principals, and every appointee shall hold the qualifications and perform the duties required under this Act;
5 The Act is amended by adding the following section:
System principals
Duties of system principals
265.1 (1) It is the duty of a system principal,
(a) to lead or support a function, program or initiative of a board in respect of multiple schools of the board, or in respect of the schools or the pupils of the board generally;
(b) to exercise managerial functions for one or more employees of a board; and
(c) to perform any other duties assigned by the board or prescribed by the regulations.
Labour Relations Act, 1995
(2) The Labour Relations Act, 1995 does not apply to a system principal.
Regulations
(3) The Lieutenant Governor in Council may make regulations governing terms and conditions of employment for system principals.
6 The definition of “teacher” in subsection 277.15 (1) of the Act is amended by striking out “a vice-principal” and substituting “a vice-principal, a system principal”.
7 Subsection 277.20 (1) of the Act is amended by striking out “which principal” in the portion before clause (a) and substituting “which principal or system principal”.
8 The heading to Part XI.1 of the Act is repealed and the following substituted:
PART XI.1
PERFORMANCE APPRAISAL OF PRINCIPALS, VICE-PRINCIPALS , SYSTEM PRINCIPALS,
DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
9 Clauses 287.2 (a) and (b) of the Act are repealed and the following substituted:
(a) to ensure that pupils receive the benefit of an education system staffed by directors of education, supervisory officers, principals, vice-principals and, if appropriate, system principals, who are performing their duties satisfactorily;
(b) to provide for fair, effective and consistent evaluation of directors of education, supervisory officers, principals, vice-principals and system principals; and
10 Subsection 287.4 (1) of the Act is amended by striking out “principals and vice-principals” in the portion before clause (a) and substituting “principals, vice-principals and system principals”.
11 Subsection 287.5 (8) of the Act is amended by striking out “principals or vice-principals” and substituting “principals, vice-principals or system principals”.
12 Subsection 287.6 (1) of the Act is amended by striking out “principal or vice-principal” and substituting “principal, vice-principal or system principal”.
13 (1) Subsection 287.7 (1) of the Act is amended by striking out “principal or vice-principal” wherever it appears and substituting in each case “principal, vice-principal or system principal”.
(2) Subsection 287.7 (2) of the Act is amended by striking out “principal or vice-principal” wherever it appears and substituting in each case “principal, vice-principal or system principal”.
Provincial Schools Authority Act
14 (1) Section 1 of the Provincial Schools Authority Act is amended by adding the following definition:
“system principal” means a person appointed by the Authority under paragraph 5.2 of subsection 171 (1) of the Education Act. (“directeur de service”)
(2) Subsection 3 (1) of the Act is amended by striking out “the teachers and principals and vice-principals” and substituting “the teachers, principals, vice-principals and system principals”.
(3) Subsection 7 (1) of the Act is amended by striking out “for principals and for vice-principals” at the end and substituting “for principals, vice-principals and system principals”.
(4) Subsection 7 (2) of the Act is repealed.
School Boards Collective Bargaining Act, 2014
15 Section 8 of the School Boards Collective Bargaining Act, 2014 is amended by striking out “principals and vice-principals” and substituting “principals, vice-principals and system principals”.
Teaching Profession Act
16 The definition of “teacher” in section 1 of the Act is amended by striking out “a vice-principal” and substituting “a vice-principal, a system principal”.
Commencement
17 This Schedule comes into force on the later of January 31, 2025 and the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 6
ELECTION FINANCES ACT
1 (1) Subsection 17 (2) of the Election Finances Act is amended by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”.
(2) Section 17 of the Act is amended by adding the following subsections:
Forgiveness of pre-2017 amounts
(4) The Chief Electoral Officer may, in writing, forgive the payment of an amount owing to the Chief Electoral Officer under subsection (2) if the amount first became owing to the Chief Electoral Officer before January 1, 2017.
Considerations re forgiveness
(5) In determining whether to forgive the payment of an amount under subsection (4), the Chief Electoral Officer shall consider, in addition to any other relevant factors,
(a) whether there is a reasonable prospect of collecting the amount;
(b) how the amount became owing to the Chief Electoral Officer; and
(c) whether the political party, constituency association, nomination contestant, candidate or leadership contestant that owes the amount was previously forgiven under subsection (4) in respect of a different amount.
Effect of forgiveness
(6) If the payment of an amount owing under subsection (2) is forgiven, subsections (1) to (3) cease to apply with respect to the amount or to the contribution in respect of which the amount was owing.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 7
ENVIRONMENTAL PROTECTION ACT
1 Subsection 168.4 (1) of the Environmental Protection Act is amended by adding “Subject to the regulations” at the beginning of the portion before paragraph 1.
2 Subsection 176 (10) of the Act is amended by adding the following clause:
(a.1) prescribing circumstances in which an owner of a property is prohibited from submitting for filing in the Registry a record of site condition in respect of the property;
Commencement
3 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 8
EXPROPRIATIONS ACT
1 Subsection 1 (2) of the Expropriations Act is repealed and the following substituted:
Service
(2) Any document required by this Act to be served may be served personally or by registered mail addressed to the person to be served at the person’s last known address or, if that person or person’s address is unknown, by publication in accordance with the regulations, and service shall be deemed to be made,
(a) in the case of service by registered mail, on the second day after the day of mailing; and
(b) in the case of service by publication, on the day that is three weeks after the first publication of the document.
2 Subsection 6 (1) of the Act is amended by striking out “once a week for three consecutive weeks in a newspaper having general circulation in the locality in which the lands are situate” at the end and substituting “in accordance with the regulations”.
3 Section 44 of the Act is amended by adding the following clause:
(e) governing the publication of notices and other documents for the purposes of this Act, including,
(i) requiring publication by specified methods, including print and electronic methods,
(ii) imposing different requirements based on who is required to publish a notice or other document,
(iii) defining “first publication” for the purposes of clause 1 (2) (b) and subsection 6 (2).
Commencement
4 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 9
FAMILY LAW ACT
1 The definition of “child” in subsection 1 (1) of the Family Law Act is amended by striking out “whom” and substituting “in respect of whom”.
2 Subsection 59.8 (1) of the Act is amended by adding “Subject to section 59.9,” at the beginning.
3 The Act is amended by adding the following section:
Enforcement of family arbitration award for support
59.9 (1) A party who is entitled to the enforcement of a family arbitration award that contains a provision for support or maintenance may file the award with the clerk of the Superior Court of Justice or the Family Court together with the following documentation:
1. A copy of the family arbitration agreement.
2. Copies of the certificates of independent legal advice.
Effect of filing
(2) A provision for support or maintenance contained in an award that is filed in accordance with subsection (1) may be enforced as if it were an order of the court where it is filed.
Right to set aside award not affected
(3) For greater certainty, the filing of an award under subsection (1) does not affect the right of a party to apply to the court under subsection 46 (1) of the Arbitration Act, 1991 to set aside the award.
Family Responsibility and Support Arrears Enforcement Act, 1996
4 (1) The definition of “support order” in subsection 1 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is amended by striking out “or” at the end of clause (h), by adding “or” at the end of clause (i) and by adding the following clause:
(j) a family arbitration award that is enforceable under section 59.9 of the Family Law Act.
(2) Subsection 21 (3) of the Act is amended by adding the following clause:
(d) if the support order is a family arbitration award, by the Superior Court of Justice or the Family Court.
(3) Subsection 21 (8) of the Act is amended by adding the following clause:
(d) family arbitration awards that are enforceable under section 59.9 of the Family Law Act.
(4) Subclause 35 (6) (a) (i) of the Act is amended by striking out “subclause (ii)” and substituting “subclause (ii) or (iii)”.
(5) Clause 35 (6) (a) of the Act is amended by striking out “and” at the end of subclause (ii) and by adding the following subclause:
(iii) if the support order is a family arbitration award, the Superior Court of Justice or the Family Court; and
Interjurisdictional Support Orders Act, 2002
5 The definition of “support order” in section 1 of the Interjurisdictional Support Orders Act, 2002 is amended by striking out “and” at the end of clause (a) and by adding the following clause:
(a.1) the provisions of a family arbitration award requiring the payment of support if they are enforceable in the jurisdiction in which the award was made as if they were contained in an order of a court of that jurisdiction, and
Commencement
6 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 10
FARM IMPLEMENTS ACT
1 Section 3 of the Farm Implements Act is amended by adding the following subsection:
Provisions altering jurisdiction void
(7) Any provision in a dealership agreement purporting to restrict the application of the law of Ontario or to restrict jurisdiction or venue to a forum outside Ontario is void with respect to a claim under the dealership agreement or a claim otherwise enforceable under this Act in Ontario.
2 Clauses 4 (5) (c) and (d) of the Act are repealed.
3 (1) Subsection 5 (1) of the Act is amended by striking out “any matter” and substituting “any matter, other than a dispute regarding the refusal to renew or termination of a dealership agreement”.
(2) Subsection 5 (5) of the Act is repealed and the following substituted:
Hearing
(5) If the parties to a dispute are unable to resolve it with the assistance of a mediator or if the dispute is regarding the refusal to renew or termination of a dealership agreement, any of the parties to the mediation or the dealership agreement, as the case may be, may apply to the Tribunal for a hearing.
Dealership agreement continues
(5.1) Except in the circumstances set out in subsection (5.2), where a dealer or distributor has the right under the Act to refuse to renew or to terminate a dealership agreement and has exercised that right, the dealership agreement is deemed not to have been terminated or expired until,
(a) in the case that the dispute has been referred to the Tribunal for a hearing, following the Tribunal’s decision regarding whether the dealer or distributor had properly exercised its rights related to the decision not to renew or the termination; or
(b) the day that is 30 days following the termination or expiry of the dealership agreement.
Same
(5.2) Subsection (5.1) does not apply where a dealer or distributor exercises their rights under the Act to refuse to renew or to terminate a dealership agreement in any of the following circumstances:
1. The dealership agreement was terminated or not renewed with the written consent of the dealer and distributor.
2. The dealer or distributor makes an assignment in bankruptcy under the Bankruptcy and Insolvency Act (Canada), a bankruptcy order has been made against the dealer or the dealer, being bankrupt, has not been discharged from bankruptcy.
3. An application is made under the Business Corporations Act to wind up, dissolve or liquidate the dealership or the dealership is being wound up by order of the court under that Act.
4. In the prescribed circumstances.
(3) Subsections 5 (7) to (9) of the Act are repealed.
4 Subsection 6 (2) of the Act is amended by striking out “registration or renewal of registration as a dealer or distributor is entitled to registration or renewal” and substituting “registration as a dealer or distributor is entitled to registration”.
5 (1) Subsection 7 (1) of the Act is amended by striking out “or renew”.
(2) Subsection 7 (2) of the Act is amended by striking out “or renew”.
6 (1) Subsection 8 (1) of the Act is amended by striking out “or renew”.
(2) Subsection 8 (8) of the Act is repealed.
7 (1) Section 35 of the Act is amended by adding the following clause:
(e) prescribing circumstances for the purposes of subsection 5 (5.2);
(2) Clauses 35 (f) and (g) of the Act are amended by striking out “or renewal of registration” wherever it appears.
Commencement
8 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 11
JURIES ACT
1 Section 4.1 of the Juries Act is repealed and the following substituted:
Jury source list
4.1 (1) In this section,
“Minister” means the Minister of Health or such other member of the Executive Council to whom the administration of the Health Insurance Act may be assigned.
Duty to prepare
(2) On or before June 1 in each year, the Minister shall prepare and disclose to the Jury Sheriff a jury source list that sets out the information referred to in subsection (3) in respect of every person who, according to the most recent information available to the Minister,
(a) is registered as an insured person under the Health Insurance Act;
(b) resides in Ontario;
(c) is a Canadian citizen; and
(d) is at least 18 years of age or will attain that age on or before December 31 of the year in which the list is provided.
Information
(3) The jury source list shall set out the following information respecting each person included in the list:
1. The person’s name.
2. The person’s year of birth.
3. The person’s most recent residential address and, if different, mailing address.
No use other than for jury roll
(4) The Jury Sheriff shall ensure that the information referred to in subsection (3) is used only for the purpose of creating the jury roll under sections 6 to 8.
No disclosure
(5) The Jury Sheriff shall ensure that the jury source list is not disclosed unless the Jury Sheriff is required by law to do so.
Security
(6) The Jury Sheriff shall keep the jury source list in a secure location or, in the case of an electronic jury source list, in a secure database under the Jury Sheriff’s control.
2 Subsections 6 (4) and (5) of the Act are repealed and the following substituted:
Selection
(4) For the purposes of subsections (1) and (2), the Jury Sheriff shall randomly select the required number of persons to receive the jury questionnaire or instructions from among the persons included in the jury source list disclosed under section 4.1.
Address
(5) The jury questionnaire or instructions shall be mailed to the mailing address indicated for the person in the jury source list disclosed under section 4.1.
Commencement
3 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 12
JUSTICES OF THE PEACE ACT
1 (1) Subsection 2.1 (2) of the Justices of the Peace Act is amended by striking out “three” in the portion before paragraph 1 and substituting “four”.
(2) Paragraph 3 of subsection 2.1 (2) of the Act is repealed and the following substituted:
3. Two persons appointed by the Attorney General.
(3) Section 2.1 of the Act is amended by adding the following subsection:
Alternate
(2.1) In addition to the core members appointed under subsection (2), the Committee shall include the following person, appointed by the Chief Justice of the Ontario Court of Justice, to act in the absence of the member appointed under paragraph 1 of subsection (2):
1. If the member is a judge of the Ontario Court of Justice, another judge of that Court.
2. If the member is a justice of the peace, another justice of the peace.
(4) Subsection 2.1 (5) of the Act is repealed and the following substituted:
Regional leads and alternates
(5) The Attorney General shall, for each region, designate from among the regional members for that region,
(a) a regional lead; and
(b) a member to act in the absence of the regional lead.
(5) Section 2.1 of the Act is amended by adding the following subsections:
Vice-chair
(9.1) The Attorney General shall designate one of the core members as vice-chair of the Committee for a term of up to three years.
Term of office
(9.2) The same person may serve as vice-chair for two or more terms.
Powers
(9.3) The vice-chair has the powers of the chair when acting for the chair, but is otherwise not entitled to vote.
Commencement
2 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 13
LAND TITLES ACT
1 (1) Subclauses 57 (4) (a) (ii) and (iii) of the Land Titles Act are repealed and the following substituted:
(ii) the registration of a fraudulent instrument, or
(iii) any misdescription, omission or other error in a certificate of ownership or in an entry on the register attributable to an officer appointed under this Act or their representative in a land registry office;
(2) Clause 57 (4) (b) of the Act is amended by striking out “some other person being registered as owner through fraud” at the end and substituting “the registration of a fraudulent instrument”.
(3) Subsection 57 (4.2) of the Act is repealed.
2 (1) Subsection 59 (1) of the Act is amended by striking out “or” at the end of clause (e), by adding “or” at the end of clause (f) and by adding the following clause:
prescribed claims or claimants
(g) in the case of a prescribed claim or where the person is a prescribed claimant.
(2) Subsection 59 (2) of the Act is repealed and the following substituted:
Definition
(2) In this section,
“claimant” includes the person actually making the claim and, if the claim is being made on someone’s behalf, the person on whose behalf the claim is made.
3 Section 171 of the Act is repealed.
Commencement
4 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 14
LAW SOCIETY ACT
1 Subsection 54 (6) of the Law Society Act is repealed and the following substituted:
Annual report
(6) No later than 120 days after the end of each fiscal year of the Government of Ontario, the board shall provide the Attorney General with a copy of an annual report for the previous calendar year, which shall include the report of the auditor under subsection (5) and such other information as the Attorney General requires.
Same
(7) The Foundation shall make its annual report publicly accessible by publishing it on its website and by making it available as a document in paper format or in any other format, on request and at cost, to members of the public.
Commencement
2 This Schedule comes into force on the day Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 15
LEGISLATIVE ASSEMBLY ACT
1 Section 108.1 of the Legislative Assembly Act is repealed.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 16
MINING ACT
1 Section 176 of the Mining Act is amended by adding the following subsection:
Regulations re service standards
(2.1.2) Except as otherwise governed by this Act or the regulations, the Minister may make regulations respecting service standards for the processing of any application, submission or filing under this Act or the regulations, including establishing standard time periods for procedural steps to be taken by the Minister or Ministry.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 17
MODERNIZING ONTARIO FOR PEOPLE AND BUSINESSES ACT, 2020
1 The Preamble to the Modernizing Ontario for People and Businesses Act, 2020 is struck out and the following substituted:
Preamble
The Ontario government is committed to supporting individuals and regulated entities, while ensuring appropriate regulatory oversights that protect workers, the environment and the public interest, including health and safety.
The Ontario government recognizes that regulatory modernization enables economic growth, prosperity and a strong business climate, and supports the unique needs of small businesses.
As part of the Ontario government’s regulatory modernization efforts, it is also committed to reducing unnecessary burdens faced by individuals when interacting with the government.
The Ontario government is dedicated to a regulatory environment that considers both costs and benefits as part of government decision making, utilizes recognized standards, provides digital options and recognizes excellent compliance records. The Ontario government is committed to supporting the needs of individuals and regulated entities by ensuring interactions with government are efficient and straightforward.
2 Section 3 of the Act is repealed and the following substituted:
Analysis of regulatory impact, regulated entities
3 Where an instrument governed by this Act that would affect a regulated entity is proposed and where the additional prescribed criteria, if any, apply, the minister responsible for the administration of the instrument shall ensure that,
(a) an analysis of the potential regulatory impact is conducted, including the prescribed direct compliance costs; and
(b) the analysis is published in the prescribed manner.
Analysis of regulatory impact, individuals
3.1 Where an instrument governed by this Act that would affect an individual is proposed and where the additional prescribed criteria, if any, apply, the minister responsible for the administration of the instrument shall ensure that,
(a) an analysis of the potential regulatory impact is conducted; and
(b) the analysis is published in the prescribed manner.
3 Paragraphs 3, 4 and 5 of section 4 of the Act are repealed and the following substituted:
3. Digital services that are accessible to regulated entities and individuals, as applicable, should be provided.
4. Regulated entities and individuals that demonstrate excellent compliance should be recognized.
5. Unnecessary reporting should be reduced, and steps should be taken to avoid requiring regulated entities or individuals to provide the same information to government repeatedly.
4 Clause 10 (2) (f) of the Act is repealed and the following substituted:
(f) governing analyses required under section 3, including prescribing additional criteria for when an analysis is required, the information that is to be included in an analysis, the scope of the direct compliance costs to be considered in an analysis and the manner in which an analysis is to be published;
(f.1) governing analyses required under section 3.1, including prescribing additional criteria for when an analysis is required, the information that is to be included in an analysis and the manner in which an analysis is to be published;
Commencement
5 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
(2) Sections 2 and 4 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 18
NORTHERN SERVICES BOARDS ACT
1 The definition of “Minister” in section 1 of the Northern Services Boards Act is repealed and the following substituted:
“Minister” means the Minister of Northern Development 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 Subsections 4 (2) to (4) of the Act are repealed.
3 Section 5 of the Act is amended by striking out “shall be for one year from the 1st day of October in any year to the 30th day of September in the next year” at the end and substituting “shall be for three years from the 1st day of October in any year to the 30th day of September three years later”.
4 Section 7 of the Act is amended by adding the following subsections:
Fire protection services
(2.1) Despite subsections (1) and (2), if the power to provide fire protection services is designated in the order of the Minister, a Board may provide fire protection services outside the Board area.
. . . . .
Definition
(8) In subsection (2.1),
“fire protection services” has the same meaning as in the Fire Protection and Prevention Act, 1997.
5 (1) Subsection 10 (3) of the Act is amended by adding “Subject to subsections (4) and (5)” at the beginning.
(2) Section 10 of the Act is amended by adding the following subsections:
Closed Meetings
(4) A part of a meeting of the Board shall be closed to the public if the subject matter being considered during that part of the meeting is,
(a) a request made under the Municipal Freedom of Information and Protection of Privacy Act, if the Board is the head of an institution for the purposes of that Act; or
(b) an ongoing investigation respecting the Board by the Ombudsman appointed under the Ombudsman Act.
Same
(5) A part of a meeting of the Board may be closed to the public if the subject matter being considered at that part of the meeting involves,
(a) personal matters about an identifiable individual;
(b) litigation or potential litigation affecting the Board;
(c) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(d) information explicitly supplied in confidence to the Board by the Government of Canada, a province or territory or a Crown agency of any of them; or
(e) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Board.
Resolution
(6) Before holding a part of a meeting that is to be closed to the public, a Board shall state, by resolution, the fact that part of the meeting will be closed to the public and the general nature of the matter to be considered at that part of the meeting.
Open during vote
(7) Subject to subsection (8), a meeting shall not be closed to the public during the taking of a vote.
Exception
(8) A meeting may be closed to the public during a vote if,
(a) subsection (4) or (5) requires or permits the part of the meeting to be closed to the public; and
(b) the vote is for a procedural matter or for giving directions or instructions to officers or agents of the Board or persons retained by or under a contract with the Board.
6 The Act is amended by adding the following section:
Investigation
10.1 (1) A person may request that an investigation of whether a Board has complied with subsections 10 (4) to (8) in respect of a meeting or part of a meeting that was closed to the public be undertaken by the Ombudsman appointed under the Ombudsman Act.
Requirement to pass resolution re report
(2) If a Board receives a report from the Ombudsman reporting the Ombudsman’s opinion, and the reasons for it, that a meeting or part of a meeting that was the subject matter of an investigation appears to have been closed to the public contrary to subsections 10 (4) to (8), the Board shall pass a resolution stating how it intends to address the report.
7 Clauses 14 (4) (b) and (c) of the Act are repealed and the following substituted:
(b) keep minutes of such meetings, including any part of a meeting that is closed to the public in accordance with subsection 10 (4) or (5);
(c) except for any portion of the minutes that pertain to a part of a meeting that is closed to the public in accordance with subsection 10 (4) or (5), ensure that copies of the minutes of meetings are posted in at least one location visible to the public in the Board area and, if available, by electronic means or in an electronic format;
8 Clause 16 (c) of the Act is amended by striking out “annual audit report” at the end and substituting “review engagement of financial statements”.
9 (1) Subsection 19 (1) of the Act is amended by striking out “In each year” at the beginning and substituting “In each election year”.
(2) Subsection 19 (4) of the Act is amended by striking out “If the Board fails to call an election meeting” at the beginning and substituting “If in an election year the Board fails to call an election meeting”.
(3) Subsection 19 (5) of the Act is amended by striking out “If in any year” at the beginning and substituting “If in an election year”.
10 Section 21 of the Act is amended by,
(a) striking out “after the election meeting” and substituting “in each fiscal year”; and
(b) adding “for that fiscal year” at the end.
11 Section 21.1 of the Act is repealed.
12 (1) Subsection 26 (1) of the Act is amended by striking out “be shown on the tax bill for such property as “Taxes for the purposes of The Local Services Board of (or Impôts prélevés aux fins de la régie locale des services publics de) ... (naming the Board)”, and shall”.
(2) Subsection 26 (2.1) of the Act is amended by,
(a) striking out “shown on the tax bill under the Provincial Land Tax Act, 2006 in respect of the property as “Fees for the purposes of The Local Services Board of (or Droits perçus aux fins de la régie locale des services publics de) ... (naming the Board)”, and shall be”; and
(b) striking out “that Act” at the end and substituting “the Provincial Land Tax Act, 2006”.
13 Section 29 of the Act is repealed and the following substituted:
Review engagement of financial statements
29 (1) A Board shall engage a chartered professional accountant who is not a member of the Board to undertake a review engagement of the Board’s financial statements and to make a review engagement report to the Board annually, or more often as the Board requires.
Fiscal year
(2) The fiscal year of a Board is the year commencing on the 1st day of October and ending on the following 30th day of September.
Copy of report to Minister
(3) The secretary shall send a copy of the reviewed financial statements and the review engagement report to the Minister.
Audit required by Minister
(4) The Minister may at any time cause the accounts and transactions of a Board to be audited by a chartered professional accountant who is not a member of the Board.
At expense of Board
(5) A review engagement referred to in subsection (1) or an audit referred to in subsection (4) shall be at the Board’s expense.
Examination of documents
(6) The secretary shall permit any inhabitant at any reasonable time to examine and copy,
(a) the reviewed financial statements;
(b) the review engagement report; and
(c) if the Minister causes a Board’s accounts and transactions to be audited in accordance with subsection (4), any audit report.
14 (1) Paragraph 2 of the Schedule to the Act is amended by,
(a) striking out “fire suppression and other fire protection activities” in clause (a) and substituting “fire protection services within the meaning of the Fire Protection and Prevention Act, 1997”; and
(b) striking out “fire protection” at the end of clause (b) and substituting “fire protection services within the meaning of the Fire Protection and Prevention Act, 1997”.
(2) Clauses (a) and (b) of paragraph 3 of the Schedule to the Act are repealed and the following substituted:
(a) establish and maintain a system for the collection or removal, or any combination of them, of compost, garbage or recycling, or any combination of them; or
(b) contract for the collection, removal or disposal, or any combination of them, of compost, garbage or recycling, or any combination of them,
(3) Paragraph 7 of the Schedule to the Act is repealed.
Commencement
15 This Schedule comes into force on August 1, 2025.
SCHEDULE 19
OMBUDSMAN ACT
1 The Ombudsman Act is amended by adding the following section:
Specific powers of investigation re Local Services Boards
14.2 (1) This Act does not apply to a Local Services Board except in accordance with this section.
Application
(2) This section applies in the circumstances described in subsection 10.1 (1) of the Northern Services Boards Act.
Investigation by Ombudsman
(3) If a person makes a request under subsection 10.1 (1) of the Northern Services Boards Act, the Ombudsman may investigate whether a Local Services Board has complied with subsections 10 (4) to (8) of the Northern Services Boards Act in respect of a meeting or part of a meeting that was closed to the public.
Report and recommendations
(4) If, after completing an investigation under subsection (3), the Ombudsman is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to subsections 10 (4) to (8) of the Northern Services Boards Act, the Ombudsman shall report their opinion, and the reasons for it, to the Local Services Board and may make such recommendations as they think fit.
Reports to be public
(5) The Local Services Board shall ensure that reports received under subsection (4) by the Local Services Board are made available to the public.
Ombudsman may publish report
(6) The Ombudsman may, after making a report under subsection (4), publish the report or otherwise make it available to the public.
Application of other provisions
(7) Subsections 7.3 (3), 14 (2) and (3), and 15 (1), (2), and (3), sections 16 and 17, subsections 18 (2) and (3.2), 19 (3) to (9) and 22 (2), sections 23 and 24, subsections 25 (2.1) to (2.3) and sections 26 to 28 apply for the purposes of this section.
Application of other provisions – necessary modifications
(8) Subsections 15 (2.1), 18 (1), (3) (3.1) and (6), 19 (1) and (2) and 25 (1) and (2) apply for the purposes of this section, with necessary modifications, and for that purpose,
(a) references to a head of a public sector body shall be read as references to the chair of the Local Services Board or, in the absence of a chair, the acting chair appointed in accordance with subsection 9 (2) of the Northern Services Boards Act;
(b) references to an officer, employee or member of a public sector body shall be read as references to a member of the Local Services Board; and
(c) references to a public sector body shall be read as references to a Local Services Board.
Definition
(9) In this section,
“Local Services Board” means a Local Services Board established under Part I of the Northern Services Boards Act.
2 Subsection 19 (3) of the Act is amended by striking out “the Municipal Act, 2001 or the City of Toronto Act, 2006” and substituting “the Municipal Act, 2001, the City of Toronto Act, 2006 or the Northern Services Boards Act”.
Commencement
3 This Schedule comes into force on August 1, 2025.
SCHEDULE 20
ONTARIO HERITAGE ACT
1 Section 10 of the Ontario Heritage Act is amended by adding the following subsections:
Exception
(2.1) Despite subsection (2), approval of the Minister is not required for the release of easements entered into by the Trust with owners of real property if the Trust has determined that such a release over the property or part of the property would not affect heritage attributes that are described in the easement.
Same
(2.2) For greater certainty, despite subsection (2.1), any other applicable requirements of the Act continue to apply to the property.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 21
ONTARIO NEW HOME WARRANTIES PLAN ACT
1 Subsection 1 (1) of the Ontario New Home Warranties Plan Act is amended by adding the following definitions:
“construction contract” means an agreement between a builder and an owner of land which provides for the construction of a home on the land; (“contrat de construction”)
“purchase agreement” means an agreement between a vendor and any person providing for the purchase by such a person of a home; (“convention d’achat”)
“purchaser” means a person who enters into a purchase agreement with a vendor for the purchase of a home and includes an assignee of the purchaser’s interest in a purchase agreement; (“acquéreur”)
2 Paragraph 1 of subsection 2.0.1 (5) of the Act is amended by striking out “purchasers of homes or owners” at the end and substituting “owners or prospective owners”.
3 Paragraph 1 of subsection 5.1 (2) of the Act is amended by striking out “purchasers of homes or owners” at the end and substituting “owners or prospective owners”.
4 (1) Subsection 10.2 (1) of the Act is amended by striking out “a contract with an owner of land for the construction of a home on the land” in the portion before clause (a) and substituting “a construction contract”.
(2) Subsection 10.2 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Construction contract
(3) Subject to the prescribed requirements or restrictions, if any, a builder shall not enter into a construction contract unless the builder,
. . . . .
5 Subsection 11 (2) of the Act is repealed and the following substituted:
Disclosures on entering into contract
(2) When a vendor enters into a purchase agreement or construction contract with a prospective owner, the vendor shall deliver to the prospective owner such documentation and notices respecting the Plan as are prescribed by the regulations.
6 (1) Subsection 14 (1) of the Act is repealed and the following substituted:
Compensation
(1) Subject to the regulations, a purchaser is entitled to receive payment out of the guarantee fund for the amount that the purchaser paid to the vendor as a deposit or other payment to be credited to the purchase price under the purchase agreement on closing if,
(a) the purchaser has exercised a statutory right to rescind the purchase agreement before closing; or
(b) the purchaser has a cause of action against the vendor resulting from the fact that title to the home has not been transferred to the purchaser because,
(i) the vendor has gone into bankruptcy, or
(ii) the vendor has fundamentally breached the purchase agreement.
(2) Subsection 14 (2) of the Act is amended by striking out “a contract with a builder for the construction of a home on the land” and substituting “a construction contract”.
(3) Clause 14 (3) (a) of the Act is amended by striking out “a contract to construct the home on land owned by the person” and substituting “a construction contract”.
(4) Subsection 14 (5) of the Act is amended by striking out “a contract” and substituting “a construction contract”.
(5) Subsection 14 (5.0.3) of the Act is repealed and the following substituted:
Delayed occupancy or closing
(5.0.3) Subject to the regulations, a person who has entered into a purchase agreement is entitled to receive payment out of the guarantee fund for a delay in,
(a) occupancy of the home, as determined by the regulations; or
(b) closing the purchase agreement, as determined by the regulations.
7 (1) Subsection 17 (2) of the Act is amended by striking out “arising out of the contract” and substituting “arising out of a purchase agreement or construction contract”.
(2) Subsection 17 (4) of the Act is amended by striking out “Every agreement between a vendor” at the beginning and substituting “Every purchase agreement and construction contract between a vendor”.
8 (1) Subsection 23 (1) of the Act is amended by adding the following clauses:
(c) subject to the approval of the Minister, requiring a purchaser of a specified type of home to notify the Corporation of a purchase agreement, including,
(i) governing the timelines for the purchaser to provide the notice,
(ii) governing the manner in which notice must be provided by the purchaser,
(iii) governing information that the purchaser is required to provide to the Corporation;
(d) subject to the approval of the Minister, requiring an owner of land to notify the Corporation of a construction contract, including,
(i) governing the timelines for an owner of land to provide the notice,
(ii) governing the manner in which notice must be provided by the owner of land,
(iii) governing the information that the owner of land is required to provide to the Corporation;
(2) Clause 23 (1) (m.3) of the Act is repealed and the following substituted:
(m.3) subject to the approval of the Minister, governing the entitlement to payment out of the guarantee fund, including interest, as compensation under subsection 14 (1) or (2), including,
(i) in the case of a purchaser’s entitlement under subsection 14 (1), providing for the maximum amount of entitlements and different entitlements to be paid, depending on the date the purchase agreement was entered into, the type of home that was purchased or whether the purchaser has complied with a requirement set out in a by-law made under clause (c) of this subsection, and prescribing methods for determining a purchaser’s entitlement to compensation,
(ii) in the case of the entitlement of an owner of land under subsection 14 (2), providing for the maximum amount of entitlements and different entitlements to be paid, depending on the date the construction contract was entered into or whether the owner of land has complied with a requirement set out in a by-law made under clause (d) of this subsection, and prescribing methods for determining an owner’s entitlement to compensation;
(m.3.1) subject to the approval of the Minister, governing the entitlement of a person to payment out of the guarantee fund, including interest, as compensation under subsections 14 (3), (4) and (5.0.3);
(3) Clause 23 (1) (m.4) of the Act is amended by striking out “governing agreements that a vendor enters into with a purchaser” in the portion before subclause (i) and substituting “governing purchase agreements”.
(4) Section 23 of the Act is amended by adding the following subsection:
By-laws made under subs. (1) (m.3)
(3) Without limiting the generality of clause (1) (m.3), a by-law made under that clause may provide,
(a) for the establishment and maintenance of a special fund within the guarantee fund from which entitlements are to be paid in respect of claims where a purchaser or owner of land has not complied with a requirement set out in a by-law made under clause (1) (c) or (d), as applicable;
(b) for the amount to be designated, on a specified periodic basis, to the special fund from the guarantee fund; or
(c) that the amount of an entitlement arising from a claim referred to in clause (a) may be determined with reference to the amount in the special fund for a specified period of time, and determining when payments out of the special fund may be made.
Commencement
9 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 22
ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012
1 (1) Section 7 of the Ontario Underground Infrastructure Notification System Act, 2012 is amended by adding the following subsections:
Request by affected member
(6.1) Within 10 business days after receiving the notice under subsection (6), an affected member may submit a request to the Corporation to be approved to respond to notifications made by the Corporation under subsection (9.1) respecting the member’s own underground infrastructure.
Factors in Corporation’s determination
(6.2) If an affected member has submitted a request to the Corporation pursuant to subsection (6.1), the Corporation shall consider the request, having regard to,
(a) safety concerns;
(b) the specialized nature of the affected member’s infrastructure;
(c) any limitations regarding the affected member’s mapping information; and
(d) any other factors that may be prescribed by the Minister.
Determination and notice
(6.3) Within 15 business days of receiving the request under subsection (6.1), the Corporation shall make a determination and provide written notice of the determination to the affected member, the project owner and any other affected member with respect to the project.
Determination final
(6.4) A determination made under subsection (6.3) is final and there is no right to appeal that decision.
Effect of determination
(6.5) The following requirements apply once the Corporation has made a determination under subsection (6.3):
1. In the case that the Corporation approves a request made by a member under subsection (6.1),
i. the member ceases to be an affected member for the purposes of this section, and
ii. the project owner and any remaining affected members shall comply with subsection (7) within 10 business days of receiving the notice under subsection (6.3).
2. In the case that the Corporation denies a request by a member made under subsection (6.1),
i. the member continues to be an affected member for the purposes of this section, and
ii. the project owner and the affected members shall comply with subsection (7) within 10 business days of receiving the notice under subsection (6.3).
(2) Subsection 7 (7) of the Act is amended by striking out the portion before clause (a) and substituting the following:
(7) Within 10 business days after receiving the notice under subsection (6) or, if a request is made under subsection (6.1), in accordance with the timing set out in subsection (6.5),
. . . . .
(3) Clause 7 (7) (a) of the Act is amended by striking out “the affected members and the project owner” at the beginning and substituting “the project owner and any affected members who have not made a request under subsection (6.1) or who have received notice that their request has been denied under subsection (6.3)”.
(4) Subsection 7 (9.1) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” to the end of clause (b) and by adding the following clause:
(c) if the excavation or dig set out in the dedicated locator request may affect underground infrastructure owned or operated by a member of the Corporation whose request was approved under subsection (6.3), each member whose infrastructure may be affected.
(5) Subsection 7 (13) of the Act is amended by striking out “(9.1) (b)” in the portion before paragraph 1 and substituting “(9.1) (b) or (c)”.
(6) Subsection 7 (13) of the Act is amended by striking out “transmission” wherever it appears.
(7) Subsection 7 (15) of the Act is amended by striking out “(9.1) (b)” and substituting “(9.1) (b) or (c)”.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 23
PROFESSIONAL ENGINEERS ACT
1 (1) Clause 12 (4) (b) of the Professional Engineers Act is amended by striking out “mercantile occupancy or industrial occupancy” and substituting “mercantile occupancy, industrial occupancy or agricultural occupancy”.
(2) Paragraph 3 of subsection 12 (6) of the Act is amended by adding the following subparagraph:
v.1 agricultural occupancy that exceeds 600 square metres in gross area or three storeys,
(3) Subparagraph 3 vii of subsection 12 (6) of the Act is amended by adding the following sub-subparagraph:
B.1 agricultural occupancy and any other occupancy, except industrial occupancy,
(4) Sub-subparagraph 3 vii C of subsection 12 (6) of the Act is amended by striking out “institutional occupancy or industrial occupancy” in the portion before sub-subparagraph 3 vii D and substituting “institutional occupancy, agricultural occupancy or industrial occupancy”.
(5) Subsection 12 (8) of the Act is amended by adding the following definition:
“agricultural occupancy” means the occupancy of a building or part thereof that is located on land that is associated with and devoted to the practice of farming, and is used for the purpose of producing crops, raising farm animals or preparing, marketing, storing or processing agricultural products; (“établissement agricole”)
2 Section 48 of the Act is repealed and the following substituted:
Annual report
48 (1) No later than 120 days after the end of each financial year of the Association, the Council shall provide the Minister with a copy of an annual report for that year containing such information as the Minister requires.
Same
(2) The Association shall make its annual report publicly accessible by publishing it on its website and by making it available as a document in paper format or in any other format, on request and at cost, to members of the public.
Commencement
3 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
(2) Section 1 comes into force on the later of January 1, 2025 and the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 24
RESIDENTIAL TENANCIES ACT, 2006
1 Section 212 of the Residential Tenancies Act, 2006 is amended by adding the following subsection:
When error still constitutes substantial compliance
(2) For greater certainty, an error in the contents of a form, notice or document still constitutes substantial compliance with this Act, as long as the error does not significantly prejudice a party’s ability to participate in a proceeding under this Act.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 25
STATUTORY POWERS PROCEDURE ACT
1 Section 4.4 of the Statutory Powers Procedure Act is repealed and the following substituted:
Incapacity, failure to complete hearing or make decision
Incapacity, panel of one
4.4 (1) In the case of a panel of one person, if the person dies or is or appears to be, for any other reason, unable to complete a hearing or to make a decision, the chair of the tribunal may, on a party’s motion to the tribunal or on the chair’s own initiative, assign another panel to complete the hearing or make a decision in the person’s place.
Incapacity, panel of more than one
(2) In the case of a panel of more than one person, if a member of the panel dies or is unable for any other reason to complete a hearing or to participate in a decision, the remaining member or members may complete the hearing or make a decision.
Failure to meet reasonable time frame
(3) If the chair of the tribunal is of the opinion that a panel has failed to complete a hearing or make a decision within a reasonable time, the chair may specify a deadline by which the panel must complete the hearing or make a decision.
Same
(4) For the purposes of subsection (3), the chair of the tribunal,
(a) shall consider,
(i) the guidelines established by the tribunal under section 16.2, and
(ii) the service standard policy developed by the tribunal under section 5 of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, if applicable; and
(b) may consider any other matter that, in the chair’s opinion, is relevant in the circumstances.
Failure to meet specified deadline
(5) If a panel fails to meet a deadline specified under subsection (3), the chair of the tribunal may, on a party’s motion to the tribunal or on the chair’s own initiative, assign another panel to complete the hearing or make a decision in the first panel’s place.
If assigned to another panel
(6) The panel assigned under subsection (1) or (5) shall determine whether to,
(a) continue the hearing or make a decision on the basis of the existing evidentiary record, subject to subsection (8); or
(b) rehear the proceeding.
Same, submissions
(7) If the panel permits, the parties to the proceeding may make submissions on the determination to be made by the panel under subsection (6).
Same, powers
(8) Despite clause (6) (a), the panel may, during or after the hearing, recall a witness or require further evidence.
Other Acts and regulations
(9) This section is subject to any other Act or regulation that applies to the proceeding.
2 Section 16.2 of the Act is amended by adding “and make publicly available” after “shall establish”.
Assessment Review Board Act
3 Section 6 of the Assessment Review Board Act is repealed and the following substituted:
Assignment
6 The chair shall arrange sittings of the Board and assign the members of the Board to panels to conduct hearings.
Child, Youth and Family Services Act, 2017
4 Subsections 266 (6) and (7) of the Child, Youth and Family Services Act, 2017 are repealed.
Highway Traffic Act
5 Subsection 96 (7) of the Highway Traffic Act is repealed.
Human Rights Code
6 Subsection 33 (3) of the Human Rights Code is repealed.
Intercountry Adoption Act, 1998
7 Subsections 15 (7) and (8) of the Intercountry Adoption Act, 1998 are repealed.
Ontario Works Act, 1997
8 Subsection 66 (4) of the Ontario Works Act, 1997 is repealed.
Commencement
9 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 26
UNIVERSITY HEALTH NETWORK ACT, 1997
University Health Network Act, 1997
1 The University Health Network Act, 1997 is repealed.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape, Building Ontario Act, 2024 receives Royal Assent.
SCHEDULE 27
CONSEQUENTIAL AMENDMENTS IN RESPECT OF SECTION 11.0.1 OF THE MINISTRY OF
INFRASTRUCTURE ACT, 2011 AND OTHER RELATED AMENDMENTS
Agricultural Research and Innovation Ontario Act
1 Section 4 of the Agricultural Research and Innovation Ontario Act is amended by adding the following subsections:
Lieutenant Governor in Council’s approval for disposition of real property
(6) In addition to any approval required under subsection (3), the Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
Disposing of easements, etc.
(7) For greater certainty, subsection (6) does not apply in respect of assigning, discharging or disposing an easement or covenant.
Building Ontario Fund Act, 2024
2 (1) Section 10 of the Building Ontario Fund Act, 2024 is repealed and the following substituted:
Powers
10 The Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited under this Act and section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(2) Subsection 12 (2) of the Act is repealed and the following substituted:
Lieutenant Governor in Council’s approval for disposition of real property
(2) In addition to any approval required under subsection (1), the Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
Investments
(3) Subsections (1) and (2) do not apply with respect to investments made by the Corporation in carrying out its objects under section 3.
Capital Investment Plan Act, 1993
3 (1) Subsection 4 (2) of the Capital Investment Plan Act, 1993 is repealed and the following substituted:
Limitation re real property
(2) The capacity, rights, powers and privileges of a corporation established under paragraph 1 or 3 of subsection 2 (1) are also subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(2) Subsection 10 (2) of the Act is repealed and the following substituted:
Limitation re real property
(2) Any transfer under subsection (1) to a corporation established under paragraph 1 or 3 of subsection 2 (1) is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(3) The definition of “Minister” in section 48 of the Act is repealed and the following substituted:
“Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act. (“ministre”)
(4) Section 52 of the Act is amended by adding the following subsections:
Minister’s approval for acquisition or disposition of real property
(3) Neither the Agency nor any of its subsidiary corporations shall acquire or dispose of a freehold interest in real property without the approval of the Minister.
Same
(4) Subsection (3) does not apply to an acquisition from the Crown, to a disposition to the Crown or to a disposition under subsection 26 (2) of the Ontario Water Resources Act.
(5) Subsection 57.1 (4) of the Act is amended by striking out “Subsection 2 (4) and sections 4” at the beginning and substituting “Subsections 2 (4) and 4 (1) and sections”.
Metrolinx Act, 2006
4 (1) Section 8.1 of the Metrolinx Act, 2006 is amended by adding the following subsection:
Same
(2.1) Subsection (2) does not apply with respect to an asset that the Corporation is prohibited from holding, controlling or acquiring under section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(2) Subsection 16 (1) of the Act is repealed and the following substituted:
Powers
(1) The Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited under this Act and section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(3) Section 16 of the Act is amended by adding the following subsections:
Lieutenant Governor in Council’s approval for disposition of real property
(4) The Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council unless,
(a) the property is an asset described in section 29 and it is disposed of in accordance with that section;
(b) the property is specified by the regulations; or
(c) any other prescribed circumstances exist.
Disposition in accordance with regulations
(5) A disposition under subsection (4) shall be done in accordance with the regulations, if any.
(4) Section 28 of the Act is amended by adding the following subsection:
Limitation re real property
(3) Any transfer under subsection (1) to the Corporation is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(5) Subsection 42 (2) of the Act is amended by adding the following clause:
(a.1) governing the disposition of freehold interests in real property by the Corporation, including specifying properties and prescribing circumstances for the purpose of subsection 16 (4) and setting conditions that must be met before the disposition may take place;
(6) Section 44 of the Act is amended by adding the following subsection:
Limitation re real property
(1.1) The transfer under subsection (1) is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(7) Section 47 of the Act is amended by adding the following subsection:
Limitation re real property
(4.1) For greater certainty, a transfer under subsection (1) is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.
Ontario Cannabis Retail Corporation Act, 2017
5 (1) Subsection 5 (1) of the Ontario Cannabis Retail Corporation Act, 2017 is repealed and the following substituted:
Powers
(1) The Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited under this Act and section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(2) Section 5 of the Act is amended by adding the following subsection:
Lieutenant Governor in Council’s approval for disposition of real property
(4.1) The Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
Ontario Food Terminal Act
6 Section 4 of the Ontario Food Terminal Act is amended by adding the following subsections:
Minister’s approval for acquisition of real property
(4) The Board shall not acquire a freehold interest in real property without the approval of the Minister.
Lieutenant Governor in Council’s approval for disposition of real property
(5) The Board shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
Ontario Forest Tenure Modernization Act, 2011
7 Section 9 of the Ontario Forest Tenure Modernization Act, 2011 is amended by adding the following subsection:
Minister’s approval for acquisition or disposition of real property
(5) The exception in subsection (4) does not apply in respect of the acquisition or disposition of a freehold interest in real property by the Nawiinginokiima Forest Management Corporation or the Temagami Forest Management Corporation, and approval of the Minister is required for such an acquisition or disposition.
Ontario Heritage Act
8 Section 10 of the Ontario Heritage Act is amended by adding the following subsections:
Minister’s approval for acquisition of Trust property
(1.1) The Trust shall not receive or acquire a freehold interest in real property without the approval of the Minister.
Acquiring easements, etc.
(1.2) For greater certainty, subsection (1.1) does not apply in respect of entering into an easement or covenant.
Ontario Lottery and Gaming Corporation Act, 1999
9 (1) Subsection 4 (1) of the Ontario Lottery and Gaming Corporation Act, 1999 is repealed and the following substituted:
Powers of the Corporation
(1) The Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited under this Act and section 11.0.1 of the Ministry of Infrastructure Act, 2011.
(2) Section 4 of the Act is amended by adding the following subsection:
Lieutenant Governor in Council’s approval for disposition of real property
(2.1) In addition to any approval required under subsection (2), the Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
Ontario Northland Transportation Commission Act
10 Section 7 of the Ontario Northland Transportation Commission Act is amended by adding the following subsections:
Minister’s approval for acquisition of real property
(5) Despite any provision of this Act or the regulations, the Commission shall not acquire a freehold interest in real property without the approval of the Minister.
Acquiring easements, etc.
(6) For greater certainty, subsection (5) does not apply in respect of acquiring easements, rights of user or rights of support.
Lieutenant Governor in Council’s approval for disposing of real property
(7) Despite any provision of this Act or the regulations, the Commission shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council.
Disposing of easements, etc.
(8) For greater certainty, subsection (7) does not apply in respect of disposing of,
(a) an interest in land by grant of an easement; or
(b) mines, minerals or mining rights.
Venture Ontario Act, 2008
11 Subsection 6 (1) of the Venture Ontario Act, 2008 is amended by adding “and section 11.0.1 of the Ministry of Infrastructure Act, 2011” at the end.
Commencement
12 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.