T024 - Wed 4 May 2016 / Mer 4 mai 2016

STANDING COMMITTEE ON REGULATIONS AND PRIVATE BILLS

COMITÉ PERMANENT DES RÈGLEMENTS ET DES PROJETS DE LOI D’INTÉRÊT PRIVÉ

Wednesday 4 May 2016 Mercredi 4 mai 2016

790186 Ontario Inc. Act, 2016

Ismaili Centre, Toronto, Aga Khan Museum and Aga Khan Park Act (Tax Relief), 2016

The committee met at 0903 in committee room 1.

The Chair (Ms. Indira Naidoo-Harris): Good morning, everyone. Thank you so much for coming in today. The Standing Committee on Regulations and Private Bills will now come to order.

We have two bills that we are considering this morning, so let’s get started.

790186 Ontario Inc. Act, 2016

Consideration of the following bill:

Bill Pr42, An Act to revive 790186 Ontario Inc.

The Chair (Ms. Indira Naidoo-Harris): First up, I’m going to call up Bill Pr42, An Act to revive 790186 Ontario Inc. If the sponsor and the applicants would come up, please.

I’d like to ask the sponsor to first introduce herself and then also the applicants to introduce themselves.

Mme France Gélinas: Good morning. My name is France Gélinas, and I’m the MPP for Nickel Belt. With me today are two of my constituents who have travelled the eight-hour drive from Ivanhoe Lake to Toronto to revive a corporation.

If you want to introduce yourselves and speak in the microphone.

Mrs. Shirley Litt: I’m Shirley Litt, from Ivanhoe Lake.

Mr. Russell Litt: I’m Russell Litt, from Ivanhoe Lake.

The Chair (Ms. Indira Naidoo-Harris): Thank you very much. Welcome. If you have any comments that you’d like to make, please go ahead.

Mme France Gélinas: Sure. Russell and Shirley Litt have applied for special legislation to revive 790186 Ontario Inc. The applicants represent that they were the directors of the corporation when it was dissolved. The corporation was dissolved under the Business Corporations Act on December 24, 2007, pursuant to articles of dissolution. The applicants would like to revive the corporation in order to deal with certain property that was held in the corporation’s name at the time of the dissolution.

It is appropriate to grant the application.

Therefore—I will read the bill—“790186 Ontario Inc. is revived and is, subject to any rights acquired by any person after its dissolution, restored to its legal position, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, disabilities and debts, as of the date of its dissolution, in the same manner and to the same extent as if it had not been dissolved.”

The act comes into effect when it receives royal assent.

The Chair (Ms. Indira Naidoo-Harris): Do the applicants have any comments they’d like to make?

Mr. Russell Litt: No, I don’t think so. What she read off there was what we wanted.

The Chair (Ms. Indira Naidoo-Harris): Thank you. Are there any other interested parties in attendance who would like to speak? Okay. Are there any comments from government before we move ahead to the members? Thank you very much.

Questions and comments from committee members? MPP McGarry.

Mrs. Kathryn McGarry: Thank you for coming today. At least it’s a good weather day to come down from the north.

I just wanted to clarify, then. You had assumed that the real property would be transferred over from that particular company. Can you describe again why you need this company to be brought forward again?

Mr. Russell Litt: Yes. We need this company to have this piece of property transferred over to ourselves. At the present time, it’s in the company name.

Mrs. Kathryn McGarry: All right. Thank you.

The Chair (Ms. Indira Naidoo-Harris): MPP Mangat.

Mrs. Amrit Mangat: Welcome to Queen’s Park.

I’d just like to clarify: Are there any other directors of the corporations, or only both of you are the directors?

Mr. Russell Litt: No.

Mrs. Amrit Mangat: There are no other directors?

Mr. Russell Litt: I’m sorry?

Mrs. Amrit Mangat: Are there any other directors involved in this corporation? How many directors are there?

Mme France Gélinas: There’s only you and your wife who own the corporation? That’s what she’s asking.

Mrs. Shirley Litt: Yes.

Mr. Russell Litt: Yes. I’m sorry.

Mrs. Amrit Mangat: Okay. Thank you.

The Chair (Ms. Indira Naidoo-Harris): Further questions or comments? All right. Are members ready to vote, then? Thank you.

Shall section 1 carry for Bill Pr42? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill to the House? Yes.

Thank you very much.

Ismaili Centre, Toronto, Aga Khan Museum and Aga Khan Park Act (Tax Relief), 2016

Consideration of the following bill:

Bill Pr43, An Act respecting the Ismaili Centre, Toronto, the Aga Khan Museum and the Aga Khan Park.

The Chair (Ms. Indira Naidoo-Harris): Next up, we will be considering Bill Pr43, An Act respecting the Ismaili Centre, Toronto, the Aga Khan Museum and the Aga Khan Park. If the applicants and sponsors could come up. Thank you. Good morning.

Before we begin consideration of Bill Pr43, I should inform the committee that I received a memo from legislative counsel pursuant to standing order 139(f). Copies should have been distributed to all of you in your packages this morning. The applicant should have received a copy as well.

Perhaps legislative counsel could speak briefly to this. I’m going to ask Susan Klein to go ahead.

Ms. Susan Klein: Hi. Thank you, Madam Chair. Very briefly, I’m required by the standing orders to advise the Chair of this committee of provisions in a private bill that are at variance with the usual provisions of private acts on similar subjects.

0910

The subject of the bill is the exemption of specified property from taxation for municipal and school purposes. Usually private acts on this subject authorize the municipal council to pass a bylaw exempting the property from taxation for municipal purposes and to pass a bylaw cancelling any taxes for municipal purposes that have already been levied. The usual private acts go on to provide that if the council passes such bylaws, the property is also exempt from taxation for school purposes, and previous levied taxes for school purposes are also cancelled.

In this bill, the tax exemption and tax cancellation are conferred directly by the bill itself. They are not dependent on the municipal council passing a bylaw, and that’s the difference.

The Chair (Ms. Indira Naidoo-Harris): Okay. Thank you. I’m going to ask the sponsor to introduce himself and also the applicants, please.

Mr. Yvan Baker: Sure. My name is Yvan Baker. I’m the MPP for Etobicoke Centre. I have with me, to my left, Mohamed Dhanani. He is the executive officer of the Aga Khan Council for Canada. To his left, we have Jeff Cowan, who’s a solicitor for the Aga Khan Foundation Canada, and on the end we have Refat Jiwani, who’s the chief financial officer for the Aga Khan Museum.

The Chair (Ms. Indira Naidoo-Harris): Thank you. Welcome. Do the sponsor or the applicant have any comments they’d like to make?

Mr. Yvan Baker: Sure. I’ll be brief, Chair. The applicant is the Aga Khan Foundation Canada, and they are here today in reference to Bill Pr43, An Act respecting the Ismaili Centre, Toronto, the Aga Khan Museum and the Aga Khan Park. This bill is requesting an exemption from the Assessment Act, RSO 1990, c. A.31, and the Education Act, RSO 1990, c. E.2, which would otherwise make portions of the subject property liable to municipal and education taxes.

Ms. Indira Naidoo-Harris: Thank you. Does the applicant have any comments?

Mr. Jeff Cowan: If I may, Madam Chair and members of the committee, thank you for having us here today.

Mr. Baker has indicated the broad purpose of the legislation. Before you, you have a very small handout. I don’t know if any of you have had the opportunity to visit the museum, or if at least you’re aware of it, but it’s a brief overview, to say the least, with respect to the facility that the Aga Khan Foundation Canada has created. Frankly, it’s a world-class facility. It’s been of great benefit not only to the city of Toronto but to the province. The handout basically gives you some pictures of it to indicate what it represents and then a few brief background facts as to the origins of this.

The Aga Khan Foundation Canada is a registered charity, well known for its humanitarian efforts throughout the world. The park is a public park available to all, and it’s a $300-million asset that was entirely funded by private donations. There was no taxpayer money involved in the building or the cost associated with it with the economic benefits, of course, that derive from that.

The bill’s purpose, to exempt from property and education taxes, is basically to put it on a similar foundation, as it relates to those taxes, as other well-known cultural institutions, such as the Art Gallery of Ontario, the Royal Ontario Museum, the Gardiner Museum and other cultural centres that provide the types of activities that are involved with the property.

Part of the property is also the Ismaili Centre, which is a religious entity and a place of worship. That’s part of the parcel.

If there are questions that you wish to ask of us, we would be pleased to answer them. If it relates to the legislative counsel’s comments, I’d be pleased to deal with that matter. Both the representatives here are more than happy to answer any questions that you may have.

The Chair (Ms. Indira Naidoo-Harris): Thank you very much for your comments, then.

Before we move to the questions from members, are there any other interested parties in attendance?

Are there any comments from government before we proceed to the questions? All right.

Are there questions or comments from committee members here?

Ms. Jennifer K. French: I don’t have specific questions; I think this is fairly comprehensive. But I would like to welcome you to Queen’s Park. I have had the opportunity to spend a full day at the park and fully appreciate all that I was shown—and more that is there, I’m sure. Anyway, welcome to Queen’s Park.

Mr. Mohamed Dhanani: Thank you very much.

Ms. Jennifer K. French: It’s good to see you again.

Mr. Mohamed Dhanani: It’s nice to see you again too.

The Chair (Ms. Indira Naidoo-Harris): Any other questions or comments from committee members?

Mr. Joe Dickson: Seeing as I make sure that I attend the world walk every year, based out of Toronto, I dare not vote against this, because we’re all on the same side. You do such great work.

The Chair (Ms. Indira Naidoo-Harris): Thank you. Are we ready to proceed with the vote? All right. We will proceed with the vote.

We are looking at Bill Pr43, An Act respecting the Ismaili Centre, Toronto, the Aga Khan Museum and the Aga Khan Park.

Shall section 1 carry? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall section 4 carry? Carried.

Shall section 5 carry? Carried.

Shall section 6 carry? Carried.

Shall section 7 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill—oh, sorry.

Mr. Yvan Baker: Point of order.

The Chair (Ms. Indira Naidoo-Harris): A point of order, MPP Baker.

Mr. Yvan Baker: Chair, I would like to move that the committee recommend that the fees and the actual cost of printing at all stages be remitted on Bill Pr43, An Act respecting the Ismaili Centre, Toronto, the Aga Khan Museum and the Aga Khan Park.

The Chair (Ms. Indira Naidoo-Harris): Does everyone have a copy of this motion?

Mr. Jeff Yurek: No, but we’re aware.

The Chair (Ms. Indira Naidoo-Harris): Is everyone in agreement with this motion? It’s carried, then.

Shall I report the bill to the House? Thank you very much. Carried.

Thank you so much for coming in. It’s a pleasure to see you all here today.

That ends the business of the day here for us.

The committee adjourned at 0918.

CONTENTS

Wednesday 4 May 2016

790186 Ontario Inc. Act, 2016, Bill Pr42, Mme Gélinas T-127

Mme France Gélinas, MPP

Mrs. Shirley Litt

Mr. Russell Litt

Ismaili Centre, Toronto, Aga Khan Museum and Aga Khan Park Act (Tax Relief), 2016, Bill Pr43, Mr. Baker T-128

Mr. Yvan Baker, MPP

Mr. Jeff Cowan

Mr. Mohamed Dhanani

STANDING COMMITTEE ON REGULATIONS AND PRIVATE BILLS

Chair / Présidente

Ms. Indira Naidoo-Harris (Halton L)

Vice-Chair / Vice-Présidente

Mrs. Kathryn McGarry (Cambridge L)

Mr. Lorenzo Berardinetti (Scarborough Southwest / Scarborough-Sud-Ouest L)

Mr. Bob Delaney (Mississauga–Streetsville L)

Mr. Joe Dickson (Ajax–Pickering L)

Ms. Jennifer K. French (Oshawa ND)

Mrs. Amrit Mangat (Mississauga–Brampton South / Mississauga–Brampton-Sud L)

Mrs. Kathryn McGarry (Cambridge L)

Ms. Indira Naidoo-Harris (Halton L)

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

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

Substitutions / Membres remplaçants

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

Clerk / Greffier

Mr. Christopher Tyrell

Staff / Personnel

Ms. Susan Klein, legislative counsel