Assemblée législative de l'Ontario

The committee met at 0900 in room 151.

Plan for Care and Opportunity Act (Budget Measures), 2018 Loi de 2018 pour un plan axé sur le mieux-être et l’avenir (mesures budgétaires)

Consideration of the following bill:

Bill 31, An Act to implement Budget measures and to enact and amend various statutes / Projet de loi 31, Loi visant à mettre en oeuvre les mesures budgétaires et à édicter et à modifier diverses lois.

The Chair (Ms. Ann Hoggarth): Good morning. We’re here for clause-by-clause consideration of Bill 31, An Act to implement Budget measures and to enact and amend various statutes.

Pursuant to the order of the House dated April 23, 2018, committee members will note that at 3:30 p.m. today, I’m required to interrupt the proceedings and shall, without further debate or amendment, put every question necessary to dispose of all remaining sections of Bill 31 and any amendments thereto. From that point forward, those amendments which have not yet been moved shall be deemed to have been moved and I will take the vote on them consecutively.

Julia Hood from legislative counsel is here to assist us with our work should we have any questions for her.

A copy of the numbered amendments filed with the Clerk is on your desk. The amendments have been numbered in the order in which the sections appear in the bill.

As you will notice, Bill 31 is comprised of three sections and 37 schedules. In order to deal with the bill in an orderly fashion, I’m going to suggest that we postpone the first three sections in order to dispose of the 37 schedules first. Is there unanimous consent to stand down the sections—

Mr. Gilles Bisson: So we’re not doing the amendment package first? Is that what you’re saying?

The Chair (Ms. Ann Hoggarth): The first three sections are just about commencement and the order of the bill.

Interjection.

The Chair (Ms. Ann Hoggarth): Sorry, the short title of the bill. So we’re going to leave those until later and we’re going to do the amendments.

Mr. Gilles Bisson: I thought I heard it the other way.

The Chair (Ms. Ann Hoggarth): No.

Is there unanimous consent to stand down the sections and deal with the schedules first? Everyone’s okay? All right.

With that, we will start with schedule 1. There are no amendments for schedule 1, sections 1 to 9. Is everyone all right if we bundle those and, if there are sections like that, we continue to bundle them as we go along? Okay? Thank you.

Schedule 1, section 1 to section 9: There are no amendments. Any discussion? Seeing no discussion, we’re prepared to vote. All those in favour of schedule 1, sections 1 to 9? Carried.

Shall schedule 1 carry? Carried.

Schedule 2: City of Toronto Act, 2006. There are no amendments for section 1 and section 2. Are we okay to bundle those? All right. For sections 1 and 2: All those in favour? Carried.

Shall schedule 2 carry? Carried.

Schedule 3: Climate Change Mitigation and Low-carbon Economy Act, 2016. Schedule 3, sections 1 and 2, there are no amendments. Any discussion? All those in favour? Carried.

Mr. Bill Walker: When does the opposition oppose, Madam Chair?

The Chair (Ms. Ann Hoggarth): Oh, I’m sorry, MPP Walker. Yes.

Mr. Bill Walker: The vote, we would like to oppose.

The Chair (Ms. Ann Hoggarth): Oh, okay. All those opposing? Thank you. Schedule 3, sections 1 and 2, carry.

Shall schedule 3 carry? All those in favour? Opposed? Carried.

Schedule 4: There are no amendments for schedule 4, sections 1 to 4. Any discussion? All those in favour? All those opposed? Schedule 4, sections 1 to 4, carry.

Shall schedule 4 carry? All those in favour? All those opposed? Carried.

Schedule 5, sections 1 to 15: There are no amendments. Any discussion on schedule 5, sections 1 to 15? Seeing no discussion, I’ll call for the vote. All those in favour of schedule 5, sections 1 to 15? All those opposed? Schedule 5, sections 1 to 15, carry.

Shall schedule 5 carry? All those in favour? Opposed? Carried.

Schedule 6: Corporations Tax Act. For sections 1 and 2, there are no amendments. All those in favour of sections 1 and 2 of schedule 6? Opposed? Carried.

Shall schedule 6 carry? Opposed? Carried.

Schedule 7, sections 1 to 7: There are no amendments. Any discussion? Seeing no discussion, all those in favour of schedule 7, sections 1 to 7? Opposed? Carried.

Shall schedule 7 carry? All those in favour? Opposed? Carried.

Schedule 8, sections 1 to 14: There are no amendments. Is there any discussion? Seeing no discussion, all those in favour of schedule 8, sections 1 to 14? Opposed? Carried.

Shall schedule 8 carry? All those in favour? Opposed? Carried.

Schedule 9: the Education Act. Schedule 9, sections 1 to 4: There are no amendments. Any discussion? Seeing no discussion, I will call the vote. All those in favour of schedule 9, sections 1 to 4? Opposed? Carried.

Schedule 9 to the bill, subsection 5(2): MPP Baker.

Mr. Yvan Baker: I move that section 5(2) of schedule 9 to the bill be struck out and the following substituted:

“(2) Sections 1 to 3 come into force on the earlier of September 1, 2019, and a day to be named by proclamation of the Lieutenant Governor.”

The Chair (Ms. Ann Hoggarth): You said “section” and I think you want to say “subsection.” Could you read it again? Just read “I move”—that part.

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Mr. Yvan Baker: Ah, yes. Okay, let me try again.

I move that subsection 5(2) of schedule 9 to the bill be struck out and the following substituted:

“(2) Sections 1 to 3 come into force on the earlier of September 1, 2019, and a day to be named by proclamation of the Lieutenant Governor.”

The Chair (Ms. Ann Hoggarth): Any discussion?

Mr. Yvan Baker: Sure.

The Chair (Ms. Ann Hoggarth): MPP Baker.

Mr. Yvan Baker: I recommend voting for this amendment because the proposed amendment to the commencement provision would provide greater certainty related to the timing of implementation, as it would set September 1, 2019, as the latest date the amendments could come into force.

Currently, school boards are permitted, but not required, to enter into agreements with First Nations permitting pupils to attend a school operated by a school board, or permitting pupils of the school board to attend a school operated by a First Nation. By setting the start of the 2019-20 school year as the latest date the amendments could come into force, First Nations and school boards, who may currently be in negotiations under the current legislative scheme, may negotiate with greater certainty. For example, parties currently in negotiation for an agreement could choose to agree to an expiration date that corresponds to September 1, 2019.

The Chair (Ms. Ann Hoggarth): Any further discussion?

Shall schedule 9 to the bill, subsection 5(2), be passed? All those in favour? Opposed? Carried.

Shall schedule 9, section 5, as amended, carry? All those in favour? Opposed? Carried.

Shall schedule 9, as amended, carry? All those in favour? Opposed? Carried.

Schedule 10, the Electricity Act, 1998, sections 1 to 5: There are no amendments. Seeing there are no amendments, I’ll call the vote. All those in favour of schedule 10, sections 1 to 5? Opposed? Carried.

Shall schedule 10 carry? All those in favour? All those opposed? Carried.

Schedule 11, sections 1 to 13: There are no amendments. Seeing there are no amendments, I’ll call the vote. All those in favour of schedule 11, sections 1 to 13? All those opposed? Carried.

Shall schedule 11 carry? All those in favour? All those opposed? Carried.

Schedule 12: Hospital Labour Disputes Arbitration Act. Members, we will postpone consideration of the preamble to schedule 12 until the sections of the schedules are dealt with. Agreed? Okay.

Schedule 12, sections 1 and 2: There are no amendments. Seeing there are no amendments, all those in favour of schedule 12, sections 1 and 2? All those opposed? Carried.

There’s an NDP notice on schedule 12. MPP Vanthof, any discussion?

Mr. John Vanthof: We’re opposed. I don’t think we need any discussion.

The Chair (Ms. Ann Hoggarth): Okay. So we’ll go back to the schedule 12 preamble. All those in favour? Opposed? Carried.

Shall schedule 12 carry? All those in favour? Opposed? Carried.

Schedule 13, sections 1 to 27: There are no amendments. Seeing there are no amendments, all those in favour of schedule 13, sections 1 to 27? Opposed? Carried.

Shall schedule 13 carry? Opposed? Carried.

Schedule 14, Labour Relations Act, 1995, section 1: Shall schedule 14, section 1, carry? All those in favour? Opposed? Carried.

Schedule 14 to the bill, section 2 (subsection 89.1(3.1) of the Labour Relations Act, 1995): NDP motion, page 2.

Mr. John Vanthof: We would like to withdraw the motion.

The Chair (Ms. Ann Hoggarth): Okay. The motion is withdrawn.

NDP notice on schedule 14, section 2: Any discussion?

Mr. John Vanthof: We’re voting against it.

Interjections.

The Chair (Ms. Ann Hoggarth): Sorry. Okay. All those in favour of schedule 14, section 2? All those opposed? Carried.

Schedule 14, section 3: Any discussion? All those in favour? All those opposed? Carried.

Schedule 14, section 4: Any discussion? Seeing none, all those in favour of schedule 14, section 4? Opposed? Carried.

Schedule 14, section 5: Is there any discussion? Seeing none, shall schedule 14, section 5, carry? All those in favour? Opposed? Carried.

We’re on schedule 14, section 6. Members, for the purpose of orderliness, we will consider government amendment number 4 before government amendment number 3.

Government: Schedule 14 to the bill, section 6 (subsection 150.7(1), paragraph 1.1 of the Labour Relations Act, 1995). It’s motion number 4. Any discussion—

Interjection.

The Chair (Ms. Ann Hoggarth): Oh, MPP Baker, you need to move it.

Mr. Yvan Baker: I move that subsection 150.7(1) of the Labour Relations Act, 1995, as set out in section 6 of schedule 14 to the bill, be amended by adding the following paragraph:

“1.1 The bargaining unit referred to in paragraph 1 shall not include employees who are engaged in work, in any sector of the construction industry, described in the International Union of Operating Engineers designation and who, in accordance with established trade union practice in the construction industry, commonly bargain separately and apart from other employees through the International Union of Operating Engineers or one of its affiliated bargaining agents.”

The Chair (Ms. Ann Hoggarth): Any discussion? MPP Baker.

Mr. Yvan Baker: I recommend voting for this motion. The reason is because the proposed changes in motions 3, 4 and 9 would mean that, for the purposes of bargaining under section 150.7 of the Labour Relations Act, the Carpenters could organize a bargaining unit of all construction employees engaged in concrete formwork in board areas 1, 3 and 28, except for those employees who are commonly represented by the Operating Engineers. This motion is consistent with the government’s intent to create a level playing field within the formwork sector.

The Chair (Ms. Ann Hoggarth): Any further discussion? Seeing none, we’ll now vote on government amendment number 4. All those in favour? All those opposed? Carried.

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Mr. Gilles Bisson: Chair, did you miss an amendment?

The Chair (Ms. Ann Hoggarth): No, they’re doing 4 before 3.

Mr. Gilles Bisson: Okay.

The Chair (Ms. Ann Hoggarth): Now we’ll move to government amendment 3, schedule 14, section 6 (subsection 150.7(1), paragraph 1 of the Labour Relations Act, 1995). MPP Baker.

Mr. Yvan Baker: I move that paragraph 1 of subsection 150.7(1) of the Labour Relations Act, 1995, as set out in section 6 of schedule 14 to the bill, be amended by adding “Subject to paragraph 1.1,” at the beginning.

The Chair (Ms. Ann Hoggarth): Any further discussion? MPP Baker.

Mr. Yvan Baker: I recommend voting for this motion because the proposed changes in motions 3, 4 and 9 would mean that, for the purposes of bargaining under section 150.7 of the Labour Relations Act, the Carpenters could organize a bargaining unit of all construction employees engaged in concrete formwork in board areas 1, 3 and 28, except for those employees who are commonly represented by the Operating Engineers. This motion is consistent with the government’s intent to create a level playing field within the formwork sector.

The Chair (Ms. Ann Hoggarth): Any further discussion? We’ll now vote on government amendment number 3. All those in favour? Opposed? Carried.

Members, for the purpose of orderliness we will consider government amendment number 8 before government amendment number 5.

Government amendment number 8: schedule 14, section 6 (subsections 150.7(2), (2.1) and (2.2) of the Labour Relations Act, 1995): MPP Baker.

Mr. Yvan Baker: I move that subsection 150.7(2) of the Labour Relations Act, 1995, as set out in section 6 of schedule 14 to the bill, be struck out and the following substituted:

“Modifications, par. 2 of subs. (1)

“(2) The following modifications apply for the purposes of the application of section 154 under paragraph 2 of subsection (1):

“1. If a collective agreement described in subparagraph 7 iii of subsection (1) has been entered into, the reference to a provincial agreement in subsection 154(1) shall be read as a reference to that collective agreement.

“2. The reference to a provincial unit of affiliated bargaining agents in subsection 154(1) shall be read as a reference to the regional unit.

“3. Subsection 154(2) shall be read as though it provided that the board shall certify the affiliated bargaining agent if the board is satisfied that a majority of the bargaining units in the regional unit have demonstrated their support for the affiliated bargaining agent to represent them in bargaining and that those bargaining units represent a majority of the employees in the regional unit.

“Modifications, par. 5 of subs. (1)

“(2.1) The following modifications apply for the purposes of the application of section 155 under paragraph 5 of subsection (1):

“1. If a collective agreement described in subparagraph 7 iii of subsection (1) has been entered into, the reference to a provincial agreement in subsection 155(1) shall be read as a reference to that collective agreement.

“2. References to a provincial unit in section 155 shall be read as references to the regional employer unit.

“3. References to affiliated bargaining agents in section 155 shall be read as references to the Carpenters’ District Council of Ontario.

“Modifications, par. 7 of subs. (1)

“(2.2) The following modifications apply for the purposes of the application of sections 157, 162, 163, 164, 165 and 167 under paragraph 7 of subsection (1):

“1. References to an employee bargaining agency shall be read as references to the Carpenters’ District Council of Ontario.

“2. References to an employer bargaining agency shall be read as references to the employers’ organization designated under paragraph 3 of subsection (1).

“3. References to a provincial agreement shall be read as references to the collective agreement described in subparagraph 7 iii of subsection (1).

“4. The reference to a provincial unit of employers in section 157 shall be read as a reference to the regional employer unit, and clause (b) of that section shall not apply.

“5. The reference to each provincial unit in subsection 162(1) shall be read as a reference to the regional unit.

“6. Subsection 162(2) shall not be subject to the sections referred to at the beginning of that subsection, and the reference to employees represented by affiliated bargaining agents in subsection 162(2) shall be read as a reference to employees in the regional unit.

“7. References in subsections 163(2) and 164(2) to employees in the industrial, commercial and industrial sector of the construction industry referred to in the definition of ‘sector’ in section 126 shall be read as references to construction employees engaged in concrete formwork.

“8. Subsection 164(1) shall be read as though it provided that where the Carpenters’ District Council of Ontario desires to call or authorize a lawful strike, it shall call or authorize the strike in respect of all the employees in the regional unit, and no strike of the employees shall be called or authorized except in that way.

“9. The reference to the affiliated bargaining agents in the provincial unit of affiliated bargaining agents in subsection 162(1) shall be read as a reference to employees in the regional unit, and the reference to a provincial unit of employers in subsection 167(2) shall be read as a reference to the regional employer unit.”

The Chair (Ms. Ann Hoggarth): Okay. In number 7, you said “industrial” instead of “institutional.” You meant “institutional”; right?

Mr. Yvan Baker: What did I say?

The Chair (Ms. Ann Hoggarth): You said “industrial.” It’s “institutional.”

Mr. Yvan Baker: I said “industrial” the first time and “institutional” the second time? Did I say “industrial” twice?

The Chair (Ms. Ann Hoggarth): You said “industrial” twice, I believe.

Mr. Yvan Baker: Okay.

The Chair (Ms. Ann Hoggarth): You intend it to be “industrial” the first time and “institutional” the second time?

Mr. Yvan Baker: That’s correct, yes.

The Chair (Ms. Ann Hoggarth): Okay. Now, on number 9, the first number—what number did you want it to be? It says “167(1).” You said “162.”

Mr. Yvan Baker: I’m sorry; 167(1) is the first number and 167(2) is the second number.

The Chair (Ms. Ann Hoggarth): Thank you. All right. Discussion? MPP Baker, do you have—

Mr. Yvan Baker: Yes, thank you. I recommend voting for the motion because the proposed changes in motions 5, 6, 7, 8 and 9 would clarify how certain sections of the Labour Relations Act that are incorporated by reference must be modified to apply to the new bargaining scheme for concrete formwork.

Without these amendments, it would be unclear how those sections of the Labour Relations Act would apply.

The Chair (Ms. Ann Hoggarth): Any further discussion? Seeing none, we’ll now vote on government amendment number 8. All those in favour of government amendment number 8? Opposed? Carried.

We’ll now move to government amendment number 5, schedule 14 to the bill, section 6 (subsection 150.7(1), paragraph 2 of the Labour Relations Act, 1995). MPP Baker.

Mr. Yvan Baker: I move that paragraph 2 of subsection 150.7(1) of the Labour Relations Act, 1995, as set out in section 6 of schedule 14 to the bill, be struck out and the following substituted:

“2. An affiliated bargaining agent of the Carpenters’ District Council of Ontario may apply, under section 154, to be certified to represent in bargaining the regional unit, and section 154 applies with necessary modifications, with the modifications set out in subsection (2) and with such modifications as are prescribed. If an affiliated bargaining agent is certified, this section applies with respect to the agent as though it were the Carpenters’ District Council of Ontario.”

The Chair (Ms. Ann Hoggarth): Further discussion? MPP Baker.

Mr. Yvan Baker: Chair, I recommend voting for the motion because the proposed changes in motions 5, 8 and 9 would clarify that an application for certification by an affiliated bargaining agent to displace the Carpenters would have to be for the entire regional unit. Without this clarification, an affiliated bargaining agent would potentially be able to apply to displace the Carpenters’ District Council of Ontario for a single bargaining unit or a board area which would undermine the regional nature of the proposed bargaining scheme.

The Chair (Ms. Ann Hoggarth): Any further discussion? Seeing none, we’ll vote on government amendment number 5. All those in favour? All those opposed? Carried.

We’ll now move to government amendment number 6: Schedule 14 to the bill, section 6 (subsection 150.7(1), paragraph 5 of the Labour Relations Act, 1995).

Mr. Yvan Baker: I move that paragraph 5 of subsection 150.7(1) of the Labour Relations Act, 1995, as set out in section 6 of schedule 14 to the bill, be struck out and the following substituted:

“5. An employers’ organization may apply, under section 155, to be accredited to represent in bargaining the employers of the employees for whom the Carpenters’ District Council of Ontario holds bargaining rights pursuant to paragraph 1, and section 155 applies with necessary modifications, with the modifications set out in section (2.1) and with such modifications as are prescribed. If an employers’ organization is accredited, this section applies with respect to the organization as though it were an organization designated by the minister under paragraph 3.”

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The Chair (Ms. Ann Hoggarth): Okay, just back, you said, “section (2.1)”; it’s “subsection (2.1),” right?

Mr. Yvan Baker: One moment, please. Right.

The Chair (Ms. Ann Hoggarth): All right. Any further discussion? We’ll now move to vote on government amendment number 6. All those in favour? Opposed? Carried.

We now move to government amendment number 7. MPP Baker.

Mr. Yvan Baker: I move that paragraph 7 of subsection 150.7(1) of the Labour Relations Act, 1995, as set out in section 6 of schedule 14 to the bill, be amended by striking out the portion before subparagraph i and substituting the following:

“7. Sections 157, 162, 163, 164, 165 and 167 apply, with necessary modifications, with the modifications set out in subsection (2.2) and with such modifications as are prescribed, with respect to,”

The Chair (Ms. Ann Hoggarth): Any discussion? MPP Baker.

Mr. Yvan Baker: I recommend voting for this because the proposed changes in motions 7 and 8 would remove an unnecessary reference to section 156 of the Labour Relations Act, and would clarify how other sections of the Labour Relations Act that are incorporated by reference must be modified to apply to the new bargaining scheme for concrete formwork. Without these amendments, it could be unclear how those sections of the Labour Relations Act would apply.

The Chair (Ms. Ann Hoggarth): Any further discussion? I’ll call the question on government amendment number 7. All those in favour? Opposed? Carried.

We’ll now move to government amendment number 9, schedule 14 to the bill, section 6 (subsection 150.7(5) of the Labour Relations Act, 1995). MPP Baker.

Mr. Yvan Baker: I move that section 150.7 of the Labour Relations Act, 1995, as set out in section 6 of schedule 14 to the bill, be amended by adding the following subsection:

“Definitions

“(5) In this section,

“‘affiliated bargaining agent’ means a bargaining agent that, according to established trade union practice in the construction industry, represents employees who commonly bargain separately and apart from other employees and is subordinate or directly related to, or is, a provincial, national or international trade union; (‘agent négociateur affilié’)

“‘International Union of Operating Engineers designation’ means the designation of the International Union of Operating Engineers and Local 793 of that union, made under clause 153(1)(a) or a predecessor of that clause, as that designation may be amended from time to time; (‘désignation de l’International Union of Operating Engineers’)

“‘regional employer unit’ means all the employers who have employees in the regional unit; (‘unité patronale régionale’)

“‘regional unit’ means all the bargaining units for whom the Carpenters’ District Council of Ontario holds bargaining rights pursuant to paragraph 1 of subsection (1). (‘unité régionale’)”

The Chair (Ms. Ann Hoggarth): Further discussion? MPP Baker.

Mr. Yvan Baker: Chair, I recommend voting for the motion because the addition of these defined terms is necessary to interpret provisions relating to the new bargaining scheme for concrete formwork.

The Chair (Ms. Ann Hoggarth): Any further discussion? MPP Walker.

Mr. Bill Walker: I just find it interesting, Madam Chair; we’ve got some feedback about some various workgroups, I hear, that are very concerned that the government is bringing some of these motions forward to divide groups of workers for political purposes. It’s very concerning, and I hope that’s not the intent of any of these amendments.

The Chair (Ms. Ann Hoggarth): Any further discussion? Seeing none, we will vote on government amendment number 9. All those in favour? All those opposed? Carried.

The NDP has filed a notice on schedule 14, section 6. Is there any discussion? Seeing none, shall schedule 14, section 6, as amended, carry? All those in favour? Opposed? Carried.

Schedule 14, section 7: NDP amendment number 10, schedule 14 to the bill, section 7 (subsection 153(2.1) of the Labour Relations Act, 1995). MPP Vanthof.

Mr. John Vanthof: We would like to withdraw the motion.

The Chair (Ms. Ann Hoggarth): NDP amendment number 10 is withdrawn.

We now move to government amendment number 11, schedule 14 to the bill, section 7 (subsection 153(3), subparagraph 2 iii.1 of the Labour Relations Act, 1995). MPP Baker.

Mr. Yvan Baker: I move that paragraph 2 of subsection 153(3) of the Labour Relations Act, 1995, as set out in section 7 of schedule 14 to the bill, be amended by adding the following subparagraph:

“iii.1 the following apply with respect to employees with respect to whom a formwork agreement applied immediately before the geographic limitation took effect, if there is a corresponding provincial agreement that would apply with respect to the employees under subparagraph i:

“A. if the geographic limitation takes effect during the term of the corresponding provincial agreement and the corresponding provincial agreement does not include terms and conditions of employment that would apply to employees engaged, in the geographic areas where the exclusion no longer applies, in concrete formwork to which the formwork agreement would have applied, the corresponding provincial agreement shall be deemed to include the terms and conditions of employment of the formwork agreement, and

“B. sub-subparagraph A does not apply to a corresponding provincial agreement or formwork agreement that is entered into after the geographic limitation took effect,”

Did I get it right, Chair?

The Chair (Ms. Ann Hoggarth): You did, I think—yes.

Discussion? MPP Baker.

Mr. Yvan Baker: I recommend voting for this particular motion because this motion ensures that anyone moving over into the labourers or operating engineers ICI agreements and out of the formwork agreement in the expanded GTA, who, for whatever reason, don’t have corresponding terms and conditions of employment in their respective ICI agreements, continue to benefit from the terms and conditions of the formwork agreement until the renewal of the ICI collective agreement, at which time their terms and conditions can form part of the negotiations in the ICI agreement.

As a result, we are ensuring absolutely no one making the shift into the LIUNA ICI agreement will be without terms and conditions negotiated by LIUNA. This is in addition to grandfathering current formwork agreement projects and ensuring labourers continue to be represented by LIUNA in the ICI sector in the GTA.

The Chair (Ms. Ann Hoggarth): Any further discussion? Seeing none, we will now vote on government amendment number 11. All those in favour? Opposed? Carried.

The NDP has filed a notice on schedule 14, section 7. Any discussion? Shall schedule 14, section 7, as amended, carry? All those in favour? Opposed? Carried.

The NDP has a notice on schedule 14, section 8. Any discussion? Shall schedule 14, section 8, carry? All those in favour? Opposed? Carried.

NDP amendment number 12, schedule 14 to the bill, schedule 9: MPP Vanthof.

Mr. John Vanthof: We would like to withdraw the motion.

The Chair (Ms. Ann Hoggarth): The NDP are withdrawing amendment number 12.

We now move to government amendment number 13, schedule 14 to the bill, section 9.

Mr. Yvan Baker: I move that section 9 of schedule 14 to the bill be struck out and the following substituted:

“Commencement

“9. This schedule comes into force on the day the Plan for Care and Opportunity Act (Budget Measures), 2018 receives royal assent.”

The Chair (Ms. Ann Hoggarth): Further discussion? MPP Baker.

Mr. Yvan Baker: I recommend voting for this motion because currently, sections 1, 4, 6 and 7 of this schedule are set to come into force upon proclamation, with the other sections coming into force upon royal assent. We believe that this entire schedule should come into force upon royal assent.

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The Chair (Ms. Ann Hoggarth): Any further discussion? Seeing none, we will now vote on government amendment number 13. All those in favour? Opposed? Carried.

Shall schedule 14, section 9, as amended, carry? All those in favour? Opposed? Carried.

Shall schedule 14, as amended, carry? All those in favour? Opposed? Carried.

We now move to schedule 15, the Law Society Act. There are no amendments—yes?

Mr. Bill Walker: Sorry, Madam Chair. Did we have a full vote on schedule 14 in its entirety?

The Chair (Ms. Ann Hoggarth): Yes, we did.

Mr. Bill Walker: Thank you.

The Chair (Ms. Ann Hoggarth): Schedule 15, sections 1 to 14: There are no amendments. All those in favour of schedule 15, sections 1 to 14? Opposed? Carried.

Shall schedule 15 carry? All those in favour? Opposed? Carried.

Schedule 16, the Loan and Trust Corporations Act: Sections 1 to 7 have no amendments. All those in favour of schedule 16, sections 1 to 7? Opposed? Carried.

Shall schedule 16 carry? All those in favour? Opposed? Carried.

Schedule 17, the Mortgage Brokerages, Lenders and Administrators Act, 2006: There are no amendments to schedule 17, sections 1 to 6. All those in favour? Opposed? Carried.

Shall schedule 17 carry? All those in favour? Opposed? Carried.

Schedule 18, the Municipal Tax Assistance Act: There are no amendments to schedule 18, sections 1 to 4. All those in favour of schedule 18, sections 1 to 4? Opposed? Carried.

Shall schedule 18 carry? All those in favour? Opposed? Carried.

Schedule 19, the Ontario College of Teachers Act, 1996: There are no amendments to schedule 19, sections 1 to 15. All those in favour of schedule 19, sections 1 to 15? All those opposed? Carried.

Shall schedule 19 carry? All those in favour? Opposed? Carried.

Schedule 20, the Ontario Labour Mobility Act, 2009: There are no amendments to schedule 20, sections 1 and 2. All those in favour? Opposed? Carried.

Shall schedule 20 carry? All those in favour? Opposed? Carried.

Schedule 21, the Ontario Loan Act, 2018: There are no amendments to schedule 21, sections 1 to 4. All those in favour? Opposed? Carried.

Shall schedule 21 carry? All those in favour? Opposed? Carried.

Schedule 22, the Ontario Public Service Employees’ Union Pension Act, 1994: There are no amendments to schedule 22, sections 1 and 2. All those in favour? Opposed? Carried.

Shall schedule 22 carry? All those in favour? Opposed? Carried.

Schedule 23, Pension Benefits Act: There are no amendments to sections 1 to 27. All those in favour? Opposed?

Mr. Bill Walker: Chair?

The Chair (Ms. Ann Hoggarth): Sir?

Mr. Bill Walker: I’m not opposed. May I make—is it schedule 23 right now?

The Chair (Ms. Ann Hoggarth): Yes, would you like to make a—

Mr. Bill Walker: Yes. I just want to make sure that we are on record supporting the Sears pensioners. That’s certainly a very big challenge for many people across our great province. I think that we, as a government, always need to be concerned about these types of things and what’s going to happen to those people if the pension plan is not there when they need it.

The Chair (Ms. Ann Hoggarth): Thank you. Any further discussion?

We will now vote on schedule 23, sections 1 to 27. All those in favour? Opposed? Carried.

Shall schedule 23 carry? All those in favour? Opposed? Carried.

Schedule 24, Police Services Act, sections 1 and 2: There are no amendments. All those in favour of Police Services Act, sections 1 and 2? Opposed? Carried.

Interruption.

The Chair (Ms. Ann Hoggarth): Oh, dear.

Mrs. Cristina Martins: Are you okay?

Mr. Jeff Yurek: Yes.

Mr. Han Dong: You could have just asked for a recess.

Mr. Bill Walker: Good thing it was your notes.

The Chair (Ms. Ann Hoggarth): Do you want a second to fix that?

Mr. Jeff Yurek: No, no.

The Chair (Ms. Ann Hoggarth): Okay.

Shall schedule 24 carry? All those in favour? Opposed? Carried.

We will move on to schedule 25, the Police Services Act, 2018. There are no amendments to sections 1 and 2. Any discussion? All those in favour? Opposed? Carried.

Shall schedule 25 carry? All those in favour? Opposed? Carried.

We will move on to schedule 26, the Pooled Registered Pension Plans Act, 2015. There are no amendments to sections 1 to 12. Seeing none, all those in favour of schedule 26, sections 1 to 12? Opposed? Carried.

Shall schedule 26 carry? All those in favour? Opposed? Carried.

Schedule 27, the Prepaid Hospital and Medical Services Act: There are no amendments to sections 1 to 4. All those in favour of schedule 27, sections 1 to 4? Opposed? Carried.

Shall schedule 27 carry? All those in favour? Opposed? Carried.

Schedule 28, Public Service Pension Act: There are no amendments to schedule 28, sections 1 to 3. All those in favour? Opposed? Carried.

Shall schedule 28 carry? All those in favour? Opposed? Carried.

Schedule 29, the Registered Insurance Brokers Act: There are no amendments to sections 1 to 4 of schedule 29. All those in favour of schedule 29, sections 1 to 4? Opposed? Carried.

Shall schedule 29 carry? All those in favour? All those opposed? Carried.

Schedule 30, the Revenue Integrity Act, 2018, sections 1 to 17: I see no amendments.

Mr. Bill Walker: Chair?

The Chair (Ms. Ann Hoggarth): Yes, MPP Walker.

Mr. Bill Walker: In this case, we’ve certainly received some feedback, particularly from those very small businesses starting out—people like students who are coming out of university or college and starting a small business—that this would be another incurred expense that probably does not outweigh the value of having to do that. So we’re very concerned that, again, this may be an unintended consequence that the government really didn’t look through, by making it mandatory that every single business—I think there has to be trust with business. As long as they file the proper documentation, to make them go out and buy a $3,000 or $4,000 electronic cash register, if they’re only doing a business that’s worth $3,000 or $4,000, is very onerous on many small businesses.

So we want that on the record, that we have received concerns from many people that this is not a value to every business and isn’t something that should have been mandatory.

0950

The Chair (Ms. Ann Hoggarth): Any further discussion? We will now vote on schedule 30, sections 1 to 17. All those in favour? Opposed? Carried.

Shall schedule 30 carry? All those in favour? Opposed? Carried.

Schedule 31, the Solicitors Act: Any discussion? Sections 1 to 5 have no amendments. All those in favour of schedule 31, sections 1 to 5? Opposed? Carried.

Shall schedule 31 carry? All those in favour? Opposed? Carried.

Schedule 32, the Taxation Act, 2007: Any discussion? MPP Walker.

Mr. Bill Walker: We’re, again, very concerned as a party and for the people of Ontario about more tax increases. Certainly, on the business community, it’s going to be significant. A lot of people across Ontario are going to incur a lot more taxes, so we’re very, very concerned about that.

The Chair (Ms. Ann Hoggarth): Any further discussion? We’ll now vote on schedule 32, sections 1 to 3. All those in favour? Opposed? Carried.

Schedule 32, section 4, government amendment number 14: schedule 32 to the bill, subsection 4(2) (subparagraph 2.1 ii of subsection 104.14(1) of the Taxation Act, 2007). MPP Baker.

Mr. Yvan Baker: I move that subparagraph 2.1 ii of subsection 104.14(1) of the Taxation Act, 2007, as set out in subsection 4(2) of schedule 32 to the bill, be struck out and the following substituted:

“ii. the corporation’s worldwide production of beer has never exceeded,

“A. 20 million litres in any production year ending before January 1, 2018, and

“B. 30 million litres in any production year beginning after December 31, 2017, and”

The Chair (Ms. Ann Hoggarth): Any discussion? MPP Walker.

Mr. Bill Walker: Chair, again, I’m very concerned: a $2-billion tax increase on the people of Ontario, who are already struggling to pay their bills, finding it very hard to keep up and keep their families afloat as a result of the last 15 years of Liberal reign. We are very concerned about this $2-billion tax increase that will happen.

Ms. Ann Hoggarth: Further discussion? MPP Baker.

Mr. Yvan Baker: Chair, I’m not sure if I understand the member opposite’s point. We’re actually creating more opportunity for producers of craft beer by supporting the growth of small breweries across the province. The Small Beer Manufacturers’ Tax Credit included in the 2018 budget would enable more breweries to expand their operations, create jobs and fuel economic growth, and enable them to have more success to invest in their product and grow their companies. We’ve put forward amendments to ensure the credit—

Mr. Gilles Bisson: Doug Ford’s party, not the people’s party.

Mr. Yvan Baker: Chair, I thought I had the floor.

The Chair (Ms. Ann Hoggarth): Come to order.

Mr. Yvan Baker: We have put forward amendments to ensure the credit is aligned with the policy intent for small brewers to grow their production instead of benefiting brewers that have already achieved certain production thresholds.

I recommend voting for this particular motion that I spoke about because the motion is being put forward to ensure that the credit is aligned with the policy intent. The objective of the amendment is to create an incentive for small brewers to grow their production beyond 7.5 million litres, up to 20 million, while not penalizing production that does not result in taxable sales. After taxable sales in Ontario exceed 20 million litres, the benefit of the tax credit would be fully phased out.

Without this motion, the credit may unintentionally benefit established brewers that already have more than 20 million litres in production.

The Chair (Ms. Ann Hoggarth): MPP Walker.

Mr. Bill Walker: Madam Chair, it’s nice to see the Liberal government actually supporting a small business group or entity out in our province, because most of them feel that they’ve been under duress under the regime of this Liberal government.

My biggest objection is the $2-billion tax increase that is going to limit many people from buying the things they wish to buy because there is, once again, less money in their pocket—

Interjection.

The Chair (Ms. Ann Hoggarth): Come to order, please.

Mr. Bill Walker: —it’s becoming much harder for them to buy whatever they want. We’ve heard many times in our Legislature over the last number of years that people are making a choice between heating and eating. We’re just making the point that, again, a $2-billion tax increase is not bearable by the people of Ontario.

The Chair (Ms. Ann Hoggarth): Further discussion? MPP Baker.

Mr. Yvan Baker: Two points here: This is not a $2-billion tax increase. I think the member opposite needs to read the budget. Then, I’d like to ask for a recorded vote on this motion, please.

The Chair (Ms. Ann Hoggarth): A recorded vote has been called for on government amendment number 14.

Is there any further discussion before we vote? MPP Walker.

Mr. Bill Walker: It’s not specific to this motion, but I do believe the budget has a $2-billion increase in there. There are also increases on taxes to businesses across our province.

The Chair (Ms. Ann Hoggarth): Any further discussion? Yes, MPP Baker.

Mr. Yvan Baker: Then I would love to see how many times the Conservatives have increased taxes on Ontarians over the years.

Mr. Jeff Yurek: Not in the last 15.

Mr. Yvan Baker: That’s true—thank goodness. Thank goodness.

The Chair (Ms. Ann Hoggarth): Just remember, before we go on, that we are debating government amendment number 14.

Mr. Bill Walker: Madam Chair?

The Chair (Ms. Ann Hoggarth): Is this about government amendment number 14?

Mr. Bill Walker: Yes, it is.

The Chair (Ms. Ann Hoggarth): MPP Walker.

Mr. Bill Walker: Taxes are a part of this government motion, and I would like to ask the member across the floor—“I will not raise taxes”: Who might have said that, and who put in the biggest health care tax in provincial history?

Interjections.

The Chair (Ms. Ann Hoggarth): Could we come to order, please? You’ve been so orderly. We’ve been doing so well.

MPP Baker.

Mr. Yvan Baker: The member alluded to a $2-billion tax increase. I don’t know where he’s getting his numbers from, but I presume he’s alluding to the amount of increased revenue that the government will collect as a result of economic growth. So if he’s calling that a tax increase, all I’m saying is that in that case, every government of any party has increased taxes basically every single year, and that includes the Conservatives. In fact, the Conservatives presided over years of record economic growth in Ontario, so their tax increases would actually end up being the largest.

The Chair (Ms. Ann Hoggarth): Thank you. We are now going to vote on government amendment number 14.

The Clerk of the Committee (Mr. Eric Rennie): Recorded vote.

The Chair (Ms. Ann Hoggarth): Recorded vote.

Ayes

Baker, Crack, Dong, Martins, Rinaldi.

The Chair (Ms. Ann Hoggarth): Government amendment 14 is carried.

Shall schedule 32, section 4, as amended—

Interjections.

The Chair (Ms. Ann Hoggarth): Could we come to order, please?

Shall schedule 32, section 4, as amended, carry? All those in favour? We are on schedule 32, section 4, as amended. Shall that carry? Opposed? Carried.

We now move on to schedule 32, sections 5 to 8. Seeing no amendments, is there any discussion? Seeing no discussion, we will vote on schedule 32, sections 5 to 8. All those in favour? Opposed? Carried.

Shall schedule 32, as amended, carry? All those in favour? Opposed? Carried.

We’re now on to schedule 33, Taxpayer Protection Act, 1999. Sections 1 and 2 have no amendments. All those in favour of schedule 33, sections 1 and 2? Opposed? Carried.

Shall schedule 33 carry? All those in favour? Opposed? Carried.

We are now on schedule 34, Teachers’ Pension Act. There are no amendments for schedule 34, sections 1 to 4. Is there any discussion? We’ll now vote on schedule 34, sections 1 to 4. All those in favour? Opposed? Carried.

Shall schedule 34 carry? All those in favour? Opposed? Carried.

Schedule 35, the Tobacco Tax Act: There are no amendments for sections 1 to 12 of schedule 35. Any discussion? All those in favour of schedule 35, sections 1 to 12? Opposed? Carried.

Shall schedule 35 carry? All those in favour? Opposed? Carried.

Schedule 36, the Victoria University Act, 1951: There are no amendments to sections 1 and 2. All those in favour? Opposed? Carried.

Shall schedule 36 carry? All those in favour? Opposed? Carried.

Schedule 37, the Workplace Safety and Insurance Act, 1997: There are no amendments to schedule 37, sections 1 to 5. All those in favour? Opposed? Carried.

Shall schedule 37 carry? All those in favour? Opposed? Carried.

We will return to sections 1 to 3. We are now going to do section 1. Shall section 1 carry? All those in favour? Opposed? Carried.

Section 2, commencement: Shall section 2 carry? All those in favour? Opposed? Carried.

Section 3, short title. Shall section 3 carry? All those in favour? Opposed? Carried.

Mr. Yvan Baker: Chair, could I ask for a recorded vote on this next vote on the whole bill?

The Chair (Ms. Ann Hoggarth): So you don’t want a recorded vote on the title, right?

Mr. Yvan Baker: No, on the whole bill.

The Chair (Ms. Ann Hoggarth): On the whole thing? Each part?

Mr. Yvan Baker: No, on the vote—

The Chair (Ms. Ann Hoggarth): Just on the whole bill? Okay.

Shall the title of the bill carry? All those in favour? Opposed? Carried.

Shall Bill 31, as amended, carry? There has been a request for a recorded vote.

Ayes

Baker, Crack, Dong, Martins, Rinaldi.

Nays

Vanthof, Walker, Yurek.

The Chair (Ms. Ann Hoggarth): Carried.

Shall I report the bill, as amended, to the House? All those in favour? Opposed? Carried.

That was our final motion. We stand adjourned. Thank you, committee.

And thanks to everyone. This is our last meeting. I hope that I’m back here next time. Have a great campaign.

The committee adjourned at 1004.

STANDING COMMITTEE ON FINANCE AND ECONOMIC AFFAIRS

Chair / Présidente

Ms. Ann Hoggarth (Barrie L)

Vice-Chair / Vice-Président

Mr. Han Dong (Trinity–Spadina L)

Mr. Yvan Baker (Etobicoke Centre / Etobicoke-Centre L)

Mr. Toby Barrett (Haldimand–Norfolk PC)

Mr. Mike Colle (Eglinton–Lawrence L)

Mr. Han Dong (Trinity–Spadina L)

Mr. Brad Duguid (Scarborough Centre / Scarborough-Centre L)

Ms. Ann Hoggarth (Barrie L)

Ms. Lisa MacLeod (Nepean–Carleton PC)

Mrs. Cristina Martins (Davenport L)

Mr. John Vanthof (Timiskaming–Cochrane ND)

Substitutions / Membres remplaçants

Mr. Grant Crack (Glengarry–Prescott–Russell L)

Mr. Lou Rinaldi (Northumberland–Quinte West L)

Mr. Bill Walker (Bruce–Grey–Owen Sound PC)

Mr. Jeff Yurek (Elgin–Middlesex–London PC)

Clerk / Greffier

Mr. Eric Rennie

Staff / Personnel

Ms. Julia Hood, legislative counsel