41:2 Bill 70, Building Ontario Up for Everyone Act (Budget Measures), 2016

Sousa, Hon Charles Minister of Finance

Viewing: Royal Assent (current version) pdf

Bill 70                                                          2016

An Act to implement Budget measures and to enact and amend various statutes

CONTENTS

1.

Contents of this Act

2.

Commencement

3.

Short title

Schedule 1

Alcohol and Gaming Regulation and Public Protection Act, 1996

Schedule 2

Assessment Act

Schedule 3

City of Toronto Act, 2006

Schedule 4

Commodity Futures Act

Schedule 5

Credit Unions and Caisses Populaires Act, 1994

Schedule 6

Crown Employees Collective Bargaining Act, 1993

Schedule 7

Financial Administration Act

Schedule 8

Financial Services Regulatory Authority of Ontario Act, 2016

Schedule 9

Fire Protection and Prevention Act, 1997

Schedule 10

Insurance Act

Schedule 11

Interim Appropriation for 2017-2018 Act, 2016

Schedule 12

Investment Management Corporation of Ontario Act, 2015

Schedule 13

Land Transfer Tax Act

Schedule 14

Ministry of Revenue Act

Schedule 15

Municipal Act, 2001

Schedule 16

Occupational Health and Safety Act

Schedule 17

Ontario College of Trades and Apprenticeship Act, 2009

Schedule 18

Ontario Retirement Pension Plan Legislation Repeal Act, 2016

Schedule 19

Pension Benefits Act

Schedule 20

Provincial Land Tax Act, 2006

Schedule 21

Registered Insurance Brokers Act

Schedule 22

Retail Sales Tax Act

Schedule 23

Securities Act

Schedule 24

Supplementary Interim Appropriation for 2016-2017 Act, 2016

Schedule 25

Taxation Act, 2007

Schedule 26

Tobacco Tax Act

______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

   1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

   2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

   (2)  The Schedules to this Act come into force as provided in each Schedule.

   (3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

   3.  The short title of this Act is the Building Ontario Up for Everyone Act (Budget Measures), 2016.

SCHEDULE 1
Alcohol and Gaming Regulation and public Protection act, 1996

   1.  The heading to Part II of the Alcohol and Gaming Regulation and Public Protection Act, 1996 is repealed and the following substituted:

Part II
Tax on beer, wine and spirits

   2.  (1)  The definition of “authorized grocery store” in subsection 17 (1) of the Act is amended by striking out “through a winery retail store on the grocery store’s premises” at the end and substituting “from a wine boutique located inside the shopping area of the grocery store”.

   (2)  The definition of “collector” in subsection 17 (1) of the Act is repealed and the following substituted:

“collector” means a beer vendor, an authorized grocery store, a spirits manufacturer, a winery or, if it remits taxes to the Minister, an affiliate of a winery; (“percepteur”)

   (3)  Subsection 17 (1) of the Act is amended by adding the following definitions:

“distillery retail store” means a store in Ontario owned and operated by a spirits manufacturer from which the manufacturer is authorized under clause 3 (1) (e) of the Liquor Control Act to sell spirits to purchasers; (“magasin de détail de distillerie”)

“liquor” has the same meaning as in the Liquor Licence Act; (“boisson alcoolique”)

 

   (4)  The definition of “Minister” in subsection 17 (1) of the Act is amended by striking out “Revenue” and substituting “Finance”.

   (5)  The definition of “purchaser” in subsection 17 (1) of the Act is amended,

  (a)  by striking out “beer, wine or a wine cooler” in the portion before clause (a) and substituting “liquor”;

  (b)  by striking out “the beer, wine or wine cooler” in clause (b) and substituting “the liquor”.

   (6)  Subsection 17 (1) of the Act is amended by adding the following definitions:

“spirits” has the same meaning as in the Liquor Licence Act; (“spiritueux”)

“spirits cooler” means a beverage that contains more than 0.5 of 1 per cent but less than or equal to 14.8 per cent alcohol by volume obtained from distillation; (“spiritueux panaché”)

“spirits manufacturer” means a manufacturer authorized under the Liquor Control Act to sell its spirits in stores that it owns and operates; (“fabricant de spiritueux”)

“wine boutique” means a winery retail store,

  (a)  that is located inside the shopping area of a grocery store, and

  (b)  from which the winery is authorized under the Liquor Control Act to sell wine to the public; (“boutique de vins”)

   (7)  The definition of “winery retail store” in subsection 17 (1) of the Act is amended by striking out “at which a winery is authorized” and substituting “from which the winery is authorized”.

   (8)  The portion before paragraph 1 of subsection 17 (2) of the Act is repealed and the following substituted:

Persons deemed to be purchasers

   (2)  In the following circumstances, the following persons are deemed to be purchasers that are liable to pay tax under this Part:

.     .     .     .     .

   (9)  Subsection 17 (2) of the Act is amended by adding the following paragraph:

    5.  A spirits manufacturer that distributes spirits in Ontario without charge, but only with respect to the spirits distributed without charge.

   (10)  Subsection 17 (2.1) of the Act is repealed.

   (11)  Subsection 17 (3) of the Act is amended,

  (a)  by striking out “beer, wine or a wine cooler” at the end of the portion before clause (a) and substituting “liquor”;

  (b)  by striking out “the beer, wine or wine cooler” in clause (a) and substituting “the liquor”;

  (c)  by striking out “the beer, wine or wine cooler” in the portion before subclause (d) (i) and substituting “the liquor”;

  (d)  by striking out “beer vendor, winery retail store” in subclause (d) (ii) and substituting “beer vendor, distillery retail store, winery retail store”; and

  (e)  by striking out “the beer, wine or wine coolers” in clause (g) and substituting “the liquor”.

   3.  Section 18 of the Act is amended by striking out “beer, wine or a wine cooler” and substituting “liquor”.

   4.  (1)  Subsection 18.1 (2) of the Act is repealed.

   (2)  Subsection 18.1 (4) of the Act is repealed.

   (3)  Section 18.1 of the Act is amended by adding the following subsection:

Spirits manufacturer

   (5.1)  A spirits manufacturer and its affiliates are not subject to tax under this Act on a maximum of 1,250 litres of spirits that is distributed by any of them in Ontario without charge during a 12-month period that begins on July 1 in a year.

   (4)  Subsection 18.1 (8) of the Act is repealed.

   (5)  Section 18.1 of the Act is amended by adding the following subsections:

Apportionment of exemption, spirits

   (11)  If the aggregate total of the spirits distributed by a spirits manufacturer and its affiliates without charge during a 12-month period described in subsection (5.1) exceeds the amount specified under this section that is exempt from tax, the exemption may be apportioned among them in proportion to their share of the aggregate total or otherwise.

Same

   (12)  If a spirits manufacturer carries on business in Ontario for only part of a 12-month period described in subsection (5.1), the amount of the manufacturer’s exemption from taxation under this section is reduced proportionately.

   5.  Section 20 of the Act is amended by adding “and in respect of purchases of spirits on and after July 1, 2017” at the end.

   6.  (1)  Paragraph 3 of subsection 22 (3) of the Act is repealed and the following substituted:

    3.  In the preceding production year, the beer manufacturer was not a party to any agreement or other arrangement pursuant to which it agreed to manufacture beer for any other beer manufacturer that was not a microbrewer.

   (2)  Section 22 of the Act is amended by adding the following subsection:

Exception, manufacturers that were previously microbrewers

   (3.2)  Despite paragraphs 2 and 3 of subsection (3), a beer manufacturer may be a party to an agreement or other arrangement with another beer manufacturer that is not a microbrewer without affecting the first beer manufacturer’s status as a microbrewer under subsection (3) if the other beer manufacturer was a microbrewer at any point in the production year referred to in those paragraphs.

   7.  (1)  Section 27 of the Act is amended by adding the following subsection:

Same, purchases from wine boutique

   (1.1)  Despite subsection (1), a purchaser who, on or after January 1, 2017, purchases from an authorized grocery store wine that is Ontario wine or a wine cooler that is an Ontario wine cooler shall, if the wine or wine cooler is manufactured by the operator of the wine boutique located in the shopping area of the grocery store, pay a basic tax in respect of the purchase at the following basic tax rates:

    1.  7.1 per cent of the retail price of the wine or wine cooler for purchases made on or after January 1, 2017 and before April 1, 2017.

    2.  8.1 per cent of the retail price of the wine or wine cooler for purchases made on or after April 1, 2017 and before April 1, 2018.

    3.  9.6 per cent of the retail price of the wine or wine cooler for purchases made on or after April 1, 2018 and before April 1, 2019.

    4.  11.1 per cent of the retail price of the wine or wine cooler for purchases made on or after April 1, 2019.

   (2)  Section 27 of the Act is amended by adding the following subsection:

Same, purchases from wine boutique

   (2.1)  Despite subsection (2), a purchaser who, on or after January 1, 2017, purchases from an authorized grocery store wine that is not Ontario wine or a wine cooler that is not an Ontario wine cooler shall, if the wine or wine cooler is manufactured by the operator of the wine boutique located in the shopping area of the grocery store, pay a basic tax in respect of the purchase at the following basic tax rates:

    1.  17.1 per cent of the retail price of the wine or wine cooler for purchases made on or after January 1, 2017 and before April 1, 2017.

    2.  19.1 per cent of the retail price of the wine or wine cooler for purchases made on or after April 1, 2017 and before April 1, 2018.

    3.  22.6 per cent of the retail price of the wine or wine cooler for purchases made on or after April 1, 2018 and before April 1, 2019.

    4.  26.6 per cent of the retail price of the wine or wine cooler for purchases made on or after April 1, 2019.

   (3)  Subsection 27 (3) of the Act is amended by striking out “clause 3 (1) (i)” in the portion before clause (a) and substituting “subsection 3 (1.1)”.

   (4)  Subsection 27 (3) of the Act, as amended by subsection (3), is repealed and the following substituted:

Retail price of wine, etc.

   (3)  The retail price of wine or a wine cooler sold to a purchaser from a winery retail store or an authorized grocery store is the amount calculated in accordance with the following rules:

    1.  Determine the amount fixed by the Board for the wine or wine cooler under the authority of subsection 3 (1.1) of the Liquor Control Act, or by the winery retail store if the Board has not fixed a price.

    2.  Subtract the amount of any deposit on the container containing the wine or wine cooler that is required to be collected or remitted under the Ontario deposit return program referred to in the regulations made under the Liquor Control Act.

    3.  Determine the amount of tax imposed under Part IX of the Excise Tax Act (Canada) in respect of the purchase of the wine or wine cooler by doing the following:

            i.  Divide the amount that remains after performing the calculation described in paragraph 2 by the sum of the tax rate under Part IX of the Excise Tax Act (Canada) plus 1.

           ii.  Multiply the result by the tax rate under Part IX of the Excise Tax Act (Canada).

          iii.  Round the result to the nearest cent and subtract that amount from the amount that remains after performing the calculation described in paragraph 2.

    4.  Subtract the environmental tax imposed under section 29 of this Act on the wine or wine cooler from the amount that remains after performing the calculations described in paragraph 3.

    5.  Calculate the volume tax imposed under section 28 of this Act on the wine or wine cooler and subtract that amount from the amount that remains after performing the calculation described in paragraph 4.

    6.  Add 1 to the basic tax rate that applies to the wine or wine cooler under this section.

    7.  Divide the amount that remains after performing the calculation described in paragraph 5 by the amount determined in paragraph 6. The result is the retail price of the wine or wine cooler.

   8.  The Act is amended by adding the following sections before the heading “Division C — Tax Collection and Remittance”:

Spirits

Basic tax

Spirits, general

   29.1  (1)  A purchaser who purchases spirits from a distillery retail store shall pay a basic tax in respect of the purchase at the basic tax rate of 61.5 per cent of the retail price of the spirits.

Retail price of spirits

   (2)  The retail price of spirits sold to a purchaser from a distillery retail store is the amount calculated in accordance with the following rules:

    1.  Determine the amount fixed by the Board for the spirits under the authority of subsection 3 (1.1) of the Liquor Control Act, or by the distillery retail store if the Board has not fixed a price.

    2.  Subtract the amount of any deposit on the container containing the spirits that is required to be collected or remitted under the Ontario deposit return program referred to in the regulations made under the Liquor Control Act.

    3.  Determine the amount of tax imposed under Part IX of the Excise Tax Act (Canada) in respect of the purchase of the spirits by doing the following:

            i.  Divide the amount that remains after performing the calculation described in paragraph 2 by the sum of the tax rate under Part IX of the Excise Tax Act (Canada) plus 1.

           ii.  Multiply the result by the tax rate under Part IX of the Excise Tax Act (Canada).

          iii.  Round the result to the nearest cent and subtract that amount from the amount that remains after performing the calculation described in paragraph 2.

    4.  Subtract the environmental tax imposed under section 29.3 of this Act on the spirits from the amount that remains after performing the calculations described in paragraph 3.

    5.  Calculate the volume tax imposed under section 29.2 of this Act on the spirits and subtract that amount from the amount that remains after performing the calculation described in paragraph 4.

    6.  Add 1 to the basic tax rate that applies to the spirits under this section.

    7.  Divide the amount that remains after performing the calculation described in paragraph 5 by the amount determined in paragraph 6. The result is the retail price of the spirits.

Samples

   (3)  If a spirits manufacturer sells a sample of spirits to a purchaser and the amount of tax paid by the purchaser under this Part in respect of the sample is less than the amount of tax, based on the retail price of the spirits, that is reasonably allocable by volume to the sample, the manufacturer, as a purchaser, shall pay tax under this Act in an amount equal to the difference.

Volume tax

   29.2  A purchaser who purchases spirits from a distillery retail store shall pay a volume tax in respect of the purchase at the volume tax rate of,

  (a)  28 cents per litre, in the case of a spirits cooler; and

  (b)  38 cents per litre, in the case of spirits that are not a spirits cooler.

Environmental tax

   29.3  A purchaser who purchases spirits from a distillery retail store shall pay an environmental tax of 8.93 cents for each non-refillable container in which the spirits are purchased.

   9.  The Act is amended by adding the following section before the heading “Wine and Wine Coolers”:

Spirits

Tax collection and remittance

Collection from purchaser

   30.2  (1)  Every spirits manufacturer that sells or delivers spirits to a purchaser from a distillery retail store shall, as agent for the Minister, collect at the time of the sale or delivery all taxes imposed under Division B on a purchaser in respect of the purchase of the spirits.

Remittance by spirits manufacturer

   (2)  Every spirits manufacturer that collects taxes under this section shall remit the taxes to the Minister in accordance with the regulations.

   10.  Section 31.1 of the Act is amended by striking out “beer, wine or a wine cooler” in the portion before paragraph 1 and substituting “liquor”.

   11.  Subsection 60 (8) of the Act is amended by adding the following paragraph:

    4.  Subsection 39 (1).

   12.  (1)  Subsection 65 (1) of the Act is repealed and the following substituted:

Tax-included pricing

   (1)  Liquor that is subject to taxation under this Part shall be made available for sale at a price that includes all taxes payable under this Part by a purchaser in respect of the purchase of the liquor.

   (2)  Subsection 65 (2) of the Act is amended by striking out “Beer vendors and wineries” at the beginning and substituting “Beer vendors, wineries, authorized grocery stores and spirits manufacturers”.

Commencement

   13.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

   (2)  Section 6 is deemed to have come into force on June 4, 2015.

   (3)  Subsection 7 (3) is deemed to have come into force on August 1, 2015.

SCHEDULE 2
assessment act

   1.  (1)  Subsection 27 (3) of the Assessment Act is amended by adding “Subject to the regulations” at the beginning.

   (2)  Subsection 27 (7.1) of the Act is amended by adding “Subject to the regulations” at the beginning.

   (3)  Section 27 of the Act is amended by adding the following subsections:

Regulations

   (16)  The Minister may make regulations setting out a method for determining the amount to be paid by a commission under subsection (3) or (7.1) that is different from the method set out in those subsections.

Same

   (17)  A regulation made under subsection (16) may be general or specific in its application and may apply differently to different commissions, lands, buildings, or classes of lands or buildings.

   2.  Subsection 53 (1) of the Act is repealed and the following substituted:

Disclosure of information

   (1)  A person employed by the assessment corporation, a municipality or a school board is guilty of an offence and on conviction is liable to a fine of not more than $2,000, or to imprisonment for a term of not more than six months, or to both if,

  (a)  in the course of the person’s duties, he or she acquires or has access to information collected under this Act or to information collected pursuant to an assessment appeal or a proceeding in court involving an assessment matter;

  (b)  the information is,

           (i)  proprietary information of a commercial nature prescribed by the Minister relating to an individual property, or

          (ii)  actual income and expense information on an individual property; and

   (c)  the person wilfully discloses the information or permits it to be disclosed to any person who is not entitled in the course of their duties to acquire or have access to the information.

Commencement

   3.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 3
CITY OF TORONTO ACT, 2006

   1.  Subsections 278 (1.1), (2) and (3) of the City of Toronto Act, 2006 are repealed and the following substituted:

City option

   (1.1)  Despite subsection (1), the City may pass a by-law providing for the application of a single percentage that is not less than 30 per cent and not more than 35 per cent instead of the percentages described in paragraphs 2, 3, 4 and 5 of subsection (1).

Same

   (1.2)  Despite subsection (1), the City may pass a by-law providing for the application of a percentage within a range prescribed by the Minister of Finance instead of the percentage described in paragraph 2, 3, 4 or 5 of subsection (1), as the case may be.

Same

   (1.3)  Despite subsection (1), the City may, if authorized by the regulations, pass a by-law providing that a tax rate reduction in paragraph 2, 3, 4 or 5 of subsection (1) does not apply.

Regulations

   (2)  The Minister of Finance may make regulations,

  (a)  prescribing percentages or ranges for the purposes of subsection (1);

  (b)  requiring percentage reductions of the tax rates for municipal purposes for any subclasses prescribed under subsection 8 (2) of the Assessment Act;

   (c)  prescribing ranges for the purposes of subsection (1.2);

  (d)  authorizing the City to pass a by-law referred to in subsection (1.3);

  (e)  imposing conditions on the ability of the City to pass a by-law referred to in this section.

Choice of percentage within range

   (3)  If a regulation made under clause (2) (a) requires the tax rates for the subclasses referred to in paragraph 1 of subsection (1) to be reduced by a percentage within a range described in the regulation,

  (a)  the percentage shall be specified, by by-law, by the City; and

  (b)  if no percentage is specified under clause (a), the percentage shall be the highest percentage in the range.

   2.  (1)  Clause 279 (1) (a) of the Act is repealed and the following substituted:

  (a)  establish two or three bands of assessment of property for the purposes of facilitating graduated tax rates for any one or more of the classes prescribed under clause (4) (0.a) or included in the commercial classes or the industrial classes; and

   (2)  Subsection 279 (4) of the Act is amended by adding the following clause:

(0.a) prescribing classes of real property for the purposes of clause (1) (a), other than the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class;

   3.  Subsection 288 (4) of the Act is repealed.

   4.  (1)  Subsection 289 (2) of the Act is repealed and the following substituted:

Property that Part applies to

   (2)  This Part applies with respect to property in the City in the commercial classes, the industrial classes, the multi-residential property class and any other class prescribed under clause (8) (a).

   (2)  Subsection 289 (4) of the Act is repealed and the following substituted:

Exception

   (4)  Despite clause (3) (b), this Part applies to a property or portion of a property in the commercial classes, the industrial classes or a class prescribed under clause (8) (a) to which subsection 4 (3) of the Municipal Tax Assistance Act applies, but the portion of a property to which that subsection applies is deemed to be a separate property for the purposes of this Part.

   (3)  Subsections 289 (8), (9) and (10) of the Act are repealed and the following substituted:

Regulations

   (8)  The Minister of Finance may by regulation,

  (a)  prescribe classes of real property that this Part applies to, other than the residential property class, the farm property class, the pipe line property class or the managed forests property class;

  (b)  exempt property, including a portion of a property, from the application of this Part;

   (c)  provide that this Part does not apply in the City.

Same

   (9)  A regulation under clause (8) (b) or (c) may provide that property is exempt or that this Part does not apply only if prescribed circumstances exist.

Exempt property deemed not in classes

   (10)  The commercial classes, the industrial classes, the multi-residential property class and any class prescribed under clause (8) (a) are deemed, for the purposes of this Part, not to include property exempted from the application of this Part under this section.

   5.  Clauses 291 (3) (b) and (c) of the Act are repealed and the following substituted:

  (b)  governing the calculation of taxes for a taxation year in the circumstances described in paragraph 5 of subsection (1);

   (c)  governing the calculation of taxes for a taxation year under paragraph 6 of subsection (1) in prescribed circumstances in connection with the phasing out of the application of this Part.

   6.  Subsection 292 (1) of the Act is amended by striking out “in respect of property in the commercial classes, industrial classes or multi-residential property class” in the portion before paragraph 1 and substituting “in respect of property in the commercial classes, the industrial classes, the multi-residential property class or a class prescribed under clause 289 (8) (a)”.

   7.  (1)  Subsection 302 (1.2) of the Act is amended by adding “or” at the end of clause (a), by striking out “or” at the end of clause (b) and by striking out clause (c).

   (2)  Section 302 of the Act is amended by adding the following subsection:

Application of regulations under this Part

   (1.3)  A regulation made under this Part may provide that a provision of the regulation or of this Part does not apply in the City unless the City passes a by-law to have it apply, subject to any prescribed conditions.

   8.  (1)  Subsection 309 (3) of the Act is amended by adding the following clause:

(a.1) prescribing the method of calculating information relating to tax changes that must or that may be included on or with tax bills under section 308;

   (2)  Section 309 of the Act is amended by adding the following subsection:

Application of regulations

   (4)  A regulation made under subsection (3) may provide that a provision of the regulation or of this section does not apply to the City unless the City passes a by-law to have it apply, subject to any prescribed conditions.

   9.  (1)  Clause 329 (2) (b) of the Act is repealed and the following substituted:

  (b)  a property is eligible if it is in one of the commercial classes or industrial classes, within the meaning of subsection 275 (1) of this Act, or if it is in a class prescribed under clause (11) (b.1) of this section.

   (2)  Subsection 329 (11) of the Act is amended by adding the following clause:

(b.1) prescribing classes of real property for the purposes of clause (2) (b) and paragraph 2 of subsection (13), other than the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class;

   (3)  Paragraph 2 of subsection 329 (13) of the Act is repealed and the following substituted:

    2.  The fees and charges are imposed on owners of land that is included in the commercial classes or industrial classes within the meaning of subsection 275 (1), or in a class prescribed under clause (11) (b.1).

   10.  (1)  Subsection 331 (1) of the Act is repealed and the following substituted:

Vacant unit rebate

   (1)  The City shall have a program to provide tax rebates to owners of property that has vacant portions if that property is in any of the commercial classes or industrial classes, as defined in subsection 275 (1), or in a class prescribed under clause (12) (a.0.1).

   (2)  Subsection 331 (2) of the Act is amended by adding the following paragraph:

  3.1  If the property is in a class prescribed under clause (12) (a.0.1), the rebate shall be equal to the percentage prescribed in the regulations.

   (3)  Subsection 331 (3) of the Act is repealed and the following substituted:

Mixed use

   (3)  If different portions of a property are classified on the assessment roll in any of the commercial classes, any of the industrial classes or in a class prescribed under clause (12) (a.0.1),

  (a)  the portion classified in the commercial classes, if any, shall be deemed to be one property for the purposes of this section;

  (b)  the portion classified in the industrial classes, if any, shall be deemed to be another property for the purposes of this section; and

   (c)  the portions in each class prescribed under clause (12) (a.0.1), if any, shall each be deemed to be a separate property for the purposes of this section.

   (4)  Clause 331 (12) (a.1) of the Act is repealed and the following substituted:

(a.0.1) prescribing classes of real property for the purposes of this section, other than the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class;

(a.1) prescribing percentages for the purposes of paragraphs 2, 3 and 3.1 of subsection (2);

Commencement

   11.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 4
COMMODITY FUTURES ACT

   1.  The Commodity Futures Act is amended by adding the following Part:

PART XII.1
Protection from REPRISALS

No reprisals

   54.1  (1)  No person or company, or person acting on behalf of a person or company, shall take a reprisal against an employee of the person or company because the employee has,

  (a)  sought advice about providing information, expressed an intention to provide information, or provided information to the person or company, the Commission, a recognized self-regulatory organization or a law enforcement agency about an act of the person or company, or person acting on behalf of the person or company, that has occurred, is ongoing or is about to occur, and that the employee reasonably believes is contrary to Ontario commodity futures law or a by-law or other regulatory instrument of a recognized self-regulatory organization; or

  (b)  in relation to information provided under clause (a), cooperated, testified or otherwise assisted, or expressed an intention to cooperate, testify or otherwise assist in,

           (i)  an investigation by the Commission, a recognized self-regulatory organization or a law enforcement agency, or

          (ii)  a proceeding of the Commission or a recognized self-regulatory organization, or a judicial proceeding.

Same

   (2)  For the purposes of subsection (1), a reprisal is any measure taken against an employee that adversely affects his or her employment and includes but is not limited to,

  (a)  ending or threatening to end the employee’s employment;

  (b)  demoting, disciplining or suspending, or threatening to demote, discipline or suspend an employee;

   (c)  imposing or threatening to impose a penalty related to the employment of the employee; or

  (d)  intimidating or coercing an employee in relation to his or her employment.

Prohibition re agreements

   (3)  A provision in an agreement, including a confidentiality agreement, between a person or company and an employee of the person or company is void to the extent that it precludes or purports to preclude the employee from,

  (a)  providing information described in clause (1) (a) to the Commission, a recognized self-regulatory organization or a law enforcement agency; or

  (b)  in relation to information provided under clause (1) (a), cooperating, testifying or otherwise assisting, or expressing an intention to cooperate, testify or otherwise assist in,

           (i)  an investigation by the Commission, a recognized self-regulatory organization or a law enforcement agency, or

          (ii)  a proceeding of the Commission or a recognized self-regulatory organization, or a judicial proceeding.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 5
CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994

   1.  Subsection 190 (1) of the Credit Unions and Caisses Populaires Act, 1994 is repealed and the following substituted:

Restrictions on lending

   (1)  A credit union shall loan money only,

  (a)  to its members; or

  (b)  by participating in a syndicated loan.

   2.  Section 198 of the Act is amended by striking out “prescribed for its class” at the end and substituting “prescribed”.

   3.  Subsection 199 (1) of the Act is amended by striking out “prescribed for its class” in the portion before clause (a) and substituting “prescribed”.

   4.  Clause 264 (1) (i) of the Act is repealed.

   5.  (1)  Subsection 270 (1) of the Act is repealed and the following substituted:

Insurance of deposits with credit unions

   (1)  Subject to subsection (2), the deposits with every credit union that, under the regulations, are insurable deposits, are insured by the Corporation in accordance with this Act and the by-laws of the Corporation, except if the deposit insurance of the credit union is cancelled under section 274.

   (2)  Paragraph 2 of subsection 270 (2) of the Act is amended by striking out “any one deposit” and substituting “an insurable deposit”.

   (3)  Subsection 270 (6) of the Act is amended by striking out “a deposit of a member” and substituting “an insurable deposit of a member”.

   6.  Subsection 271 (3) of the Act is amended by striking out “is less than” and substituting “does not exceed”.

   7.  Paragraph 31 of subsection 317 (1) of the Act is amended by striking out “subsection 332 (4)” and substituting “section 332”.

   8.  Subsection 332 (6) of the Act is repealed and the following substituted:

Registration of credit unions to participate in syndicated loans

   (6)  The Superintendent may, subject to any prescribed conditions,

  (a)  register a credit union in the Extra-Provincial Credit Unions Register for the purpose of allowing the credit union to participate in syndicated loans under this Act, even if no agreement under subsection (1) applies to the credit union;

  (b)  cancel the registration.

Special rules for credit unions registered under subs. (4) or (6) (a)

   (7)  The following apply with respect to a credit union registered under subsection (4) or clause (6) (a):

    1.  References to a credit union in the Loan and Trust Corporations Act and such other statutes and regulations as may be prescribed shall be deemed to include a credit union registered under subsection (4) or clause (6) (a).

    2.  The credit union shall comply with any regulations governing the conduct of credit unions registered under this section.

    3.  This Act shall not apply with respect to the credit union, except as provided in the regulations.

Commencement

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

SCHEDULE 6
crown employees collective bargaining act, 1993

   1.  Subsection 2 (1) of the Crown Employees Collective Bargaining Act, 1993 is amended by striking out “subsection (2)” and substituting “subsection (2) and Part III.1”.

   2.  Subsection 5 (2) of the Act is amended by striking out “section 41 of the Labour Relations Act” in the portion before paragraph 1 and substituting “section 43 of the Labour Relations Act, 1995”.

   3.  Section 13 of the Act is amended by adding “Subject to section 15.1” at the beginning.

   4.  Subsection 15 (2) of the Act is amended by adding “Subject to section 15.1” at the beginning.

   5.  The Act is amended by adding the following section:

Exception, essential services agreement

   15.1  Sections 13 and 15 do not apply with respect to the Correctional Bargaining Unit described in subsection 22 (2).

   6.  (1)  The definition of “designated bargaining unit” in section 22 of the Act is amended by striking out “subsection 23 (1)” and substituting “subsection 23 (2)”.

   (2)  Section 22 of the Act is amended by adding the following subsection:

Definitions: bargaining units

   (2)  In this Part and Part III.1,

“Correctional Bargaining Unit” means the bargaining unit that was formerly Unit II — Corrections Bargaining Unit, as set out in Order in Council 243/94 and as modified from time to time by the collective agreement that applies to the members of the unit; (“Unité de négociation des services correctionnels”)

“Engineer Bargaining Unit” means the bargaining unit as set out in the collective agreement that applies to the members of the unit; (“Unité de négociation des ingénieurs”)

“Fourth Bargaining Unit” means the bargaining unit that was formerly Unit VII — Seventh Bargaining Unit, as set out in Order in Council 243/94 and as modified from time to time by the collective agreement that applies to the members of the unit; (“Quatrième unité de négociation”)

“Unified Bargaining Unit” means the bargaining unit that was formerly composed of the following units, as set out in Order in Council 243/94 and as modified from time to time by the collective agreement that applies to the members of the unit:

    1.  Unit I — Administrative Bargaining Unit.

    2.  Unit III — Institutional & Health Care Bargaining Unit.

    3.  Unit IV — Office Administration Bargaining Unit.

    4.  Unit V — Operational & Maintenance Bargaining Unit.

    5.  Unit VI — Technical Bargaining Unit. (“Unité de négociation unifiée”)

   7.  Sections 23 to 29 of the Act are repealed and the following substituted:

Bargaining units

   23.  (1)  All public servants appointed under section 32 of the Public Service of Ontario Act, 2006 and not excluded from the application of this Act under subsection 1.1 (3) of this Act shall be in one of the designated bargaining units set out in subsection (2) of this section.

Same

   (2)  The following are designated bargaining units for the purposes of this Act:

    1.  Unified Bargaining Unit.

    2.  Correctional Bargaining Unit.

    3.  Engineer Bargaining Unit.

    4.  Fourth Bargaining Unit.

Applicable collective agreement

   (3)  The collective agreement that applied with respect to a member of a designated bargaining unit set out in subsection (2) on the day before the day section 7 of Schedule 6 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 came into force continues to apply with respect to him or her until it expires.

Composite agreement

   (4)  If, as a result of subsection (3), more than one collective agreement will apply in a bargaining unit, the provisions of each collective agreement are deemed to form one part of a single collective agreement to which the bargaining agent representing the employees in the designated bargaining unit is a party.

Bargaining agent, OPSEU

   24.  (1)  The Ontario Public Service Employees Union continues as the bargaining agent representing the employees in the Unified Bargaining Unit and the Correctional Bargaining Unit.

Bargaining agent, AMAPCEO

   (2)  The Association of Management, Administrative and Professional Crown Employees of Ontario continues as the bargaining agent representing the employees in the Fourth Bargaining Unit.

Bargaining agent, PEGO

   (3)  The Professional Engineers Government of Ontario continues as the bargaining agent representing the employees in the Engineer Bargaining Unit.

Effect of continuation

   (4)  Subject to subsections (5) and (7), the bargaining agents described in subsections (1) to (3) represent the employees in the applicable bargaining units until they cease, under this Act or the Labour Relations Act, 1995, to represent them.

Restriction

   (5)  The Ontario Public Service Employees Union continues to represent the employees in the Correctional Bargaining Unit and the Unified Bargaining Unit until a collective agreement for those units is made following the expiry of the collective agreements referred to in subsections 23 (3) and (4) for those units.

Non-application

   (6)  Section 66 of the Labour Relations Act, 1995 does not apply with respect to the bargaining rights of a bargaining agent described in subsection (1), (2) or (3) of this section that represents a designated bargaining unit set out in subsection 23 (2) of this Act.

Same bargaining agent

   (7)  The Unified Bargaining Unit and the Correctional Bargaining Unit shall be represented by the same bargaining agent.

Term of agreements

   25.  Unless the parties agree otherwise, every collective agreement respecting employees in the designated bargaining units set out in subsection 23 (2) shall provide that it is effective for a term of at least two years.

Non-application of s. 43 of the LRA

   26.  Section 43 of the Labour Relations Act, 1995 does not apply in respect of the next collective agreement for a designated bargaining unit referred to in subsection 23 (2) that is made following the expiry of a collective agreement referred to in subsection 23 (3) or (4).

PART III.1
interest arbitration — Correctional Bargaining unit

Application

   27.  This Part applies in respect of the bargaining of collective agreements for the Correctional Bargaining Unit.

Notice of no collective agreement

   28.  If a conciliation officer appointed under section 18 of the Labour Relations Act, 1995 is unable to effect a collective agreement for the Correctional Bargaining Unit within the time allowed under section 20 of that Act, the following rules apply:

    1.  The Minister shall forthwith by notice in writing inform each of the parties that the conciliation officer has been unable to effect a collective agreement.

    2.  Sections 19 and 21 of the Labour Relations Act, 1995 do not apply.

    3.  The matters in dispute between the parties shall be decided by arbitration in accordance with this Part.

Arbitration

   29.  Within seven days after the day on which the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, the parties shall agree to refer matters to a single arbitrator or to a board of arbitration.

Appointment of a single arbitrator

   29.1  (1)  If the parties have agreed to refer matters to a single arbitrator, they shall appoint an arbitrator within seven days after they agreed to refer matters to a single arbitrator.

Single arbitrator’s powers

   (2)  The person so appointed shall constitute the board of arbitration for the purposes of this Part and he or she shall have the powers and duties of the chair of a board of arbitration.

Notice to Minister

   (3)  As soon as the parties appoint a person to act as a single arbitrator, they shall notify the Minister of the name and address of the person appointed.

Appointment of board of arbitration

   29.2  (1)  If the parties have agreed to refer matters to a board of arbitration,

  (a)  each party shall, within seven days after the parties agreed to refer matters to a board of arbitration, appoint a member of the board and inform the other party of the appointee; and

  (b)  the members appointed under clause (a) shall, within five days after the second of them is appointed, appoint a third member who shall be the chair of the board.

Extension

   (2)  The parties by a mutual agreement in writing may extend the period of seven days mentioned in clause (1) (a) for one further period of seven days.

Notice of appointment by party

   (3)  As soon as one of the parties appoints a member to a board of arbitration, that party shall notify the other party and the Minister of the name and address of the member appointed.

Notice of appointment by members

   (4)  As soon as the two members appoint a third member, they shall notify the Minister of the name and address of the third member appointed.

If appointment not made

   29.3  (1)  If an appointment is not made as required under subsection 29.1 (1) or 29.2 (1), the Minister may make the appointment and the Minister must do so on the request of a party.

Vacancies

   (2)  If a person ceases to be a member of a board of arbitration by reason of resignation, death or otherwise before it has completed its work, the Minister shall appoint a member in his or her place after consulting the party whose point of view was represented by such person.

Replacement of member

   (3)  If, in the opinion of the Minister, a member of a board of arbitration has failed to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by such person.

Replacement of chair

   (4)  If the chair of a board of arbitration is unable to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may appoint a person to act as chair in his or her place.

Where single arbitrator unable to act

   (5)  If the person appointed jointly by the parties as a single arbitrator dies before completing his or her work or is unable to enter on or to carry on his or her duties so as to enable him or her to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may, upon notice or complaint to him or her by either of the parties and after consulting the parties, inform the parties in writing that the arbitrator is unable to enter on or to carry on his or her duties and the provisions of this section relating to the appointment of a board of arbitration shall thereupon apply with necessary modifications.

Same

   (6)  No person shall be appointed a member of a board of arbitration under this Act who has any pecuniary interest in the matters coming before it or who is acting or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties.

Selection of method

   29.4  (1)  If the chair of the board of arbitration was appointed under subsection 29.1 (1) or clause 29.2 (1) (b), the parties shall select the method of arbitration.

Failure to select

   (2)  The method of arbitration shall be mediation-arbitration unless the parties select a different method of arbitration.

Selection of method

   (3)  If the chair of the board of arbitration was appointed by the Minister, subject to subsections (4) to (6), the Minister shall select the method of arbitration and shall advise the chair of the board of arbitration of the selection.

Same, mediation-arbitration

   (4)  The method selected shall be mediation-arbitration unless the Minister is of the view that another method is more appropriate.

Same, final offer selection

   (5)  The method selected shall not be final offer selection without mediation.

Same, mediation-final offer selection

   (6)  The method selected shall not be mediation-final offer selection unless the Minister in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute.

Procedure

Time and place of hearings

   29.5  (1)  Subject to subsection (2), the chair of the board of arbitration shall fix the time and place of the first or any subsequent hearing and shall give notice thereof to the Minister and the Minister shall notify the parties and the members of the board of arbitration thereof.

When hearings commence

   (2)  The board of arbitration shall hold the first hearing within 30 days after the last or only member of the board is appointed.

Exception

   (3)  If the method of arbitration selected by the Minister under subsection 29.4 (3) is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (2) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation.

Failure of member to attend

   (4)  Where a member of a board of arbitration appointed by a party or by the Minister is unable to attend the first hearing at the time and place fixed by the chair, the party shall, upon the request in writing of the chair, appoint a new member in place of such member and where such appointment is not made within five days of the date of the request, the Minister shall, upon the written request of the chair, appoint a new member in place of such member.

Order to expedite proceedings

   (5)  Where a board of arbitration has been established, the chair shall keep the Minister advised of the progress of the arbitration and where the Minister is advised that the board has failed to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may, after consulting the parties and the board, issue whatever order he or she considers necessary in the circumstances to ensure that a decision will be rendered within a reasonable time.

Procedure

   (6)  The board of arbitration shall determine its own procedure but shall give full opportunity to the parties to present their evidence and make their submissions and section 117 of the Labour Relations Act, 1995 applies to the board of arbitration and its decision and proceedings as if it were the Ontario Labour Relations Board.

Time for submission of information

   (7)  If the method of arbitration selected by the Minister under subsection 29.4 (3) is mediation-arbitration or mediation-final offer selection, the chair of the board of arbitration may, after consulting with the parties, set a date after which a party may not submit information to the board unless,

  (a)  the information was not available prior to the date;

  (b)  the chair permits the submission of the information; and

   (c)  the other party is given an opportunity to make submissions concerning the information.

Same

   (8)  If the members of a board of arbitration are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs.

Decision

   (9)  The decision of a majority of the members of a board of arbitration is the decision of the board, but, if there is no majority, the decision of the chair is the decision of the board.

Notice of agreement to recommence

   (10)  If any member of the board of arbitration was appointed by the Minister, the parties may, at any time before the board renders a decision, jointly serve written notice on the Minister that they have agreed that the arbitration should be recommenced before a different board of arbitration.

Termination of appointments

   (11)  If notice is served on the Minister under subsection (10), the appointments of all the members of the board of arbitration are terminated.

Effective date of terminations

   (12)  The terminations are effective on the day the Minister is served with the notice.

Obligation to appoint

   (13)  Within seven days after the day the Minister is served with the notice, the parties shall jointly appoint, under subsection 29.1 (1), a person who has agreed to act as an arbitrator or shall each appoint, under subsection 29.2 (1), a person who has agreed to act as a member of a board of arbitration, and this Part applies with respect to such appointments.

Powers

   (14)  The chair and the other members of a board of arbitration established under this Act have, respectively, all the powers of a chair and the members of a board of arbitration under the Labour Relations Act, 1995.

Appointment or proceedings of board not subject to review

   29.6  Where a person has been appointed as a single arbitrator or the three members have been appointed to a board of arbitration, it shall be presumed conclusively that the board has been established in accordance with this Part and no application shall be made, taken or heard for judicial review or to question the establishment of the board or the appointment of the member or members, or to review, prohibit or restrain any of its proceedings.

Duty of board

   29.7  (1)  The board of arbitration shall examine into and decide on matters that are in dispute and any other matters that appear to the board necessary to be decided in order to conclude a collective agreement between the parties, but the board shall not decide any matters that come within the jurisdiction of the Ontario Labour Relations Board.

Criteria

   (2)  In making a decision or award, the board of arbitration shall take into consideration all factors it considers relevant, including the following criteria:

    1.  The employer’s ability to pay in light of its fiscal situation.

    2.  The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased.

    3.  The economic situation in Ontario.

    4.  A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed.

    5.  The employer’s ability to attract and retain qualified employees.

Restriction

   (3)  Nothing in subsection (2) affects the powers of the board of arbitration.

Board to remain seized of matters

   (4)  The board of arbitration shall remain seized of and may deal with all matters in dispute between the parties until a collective agreement is in effect between the parties.

Procedure

   (5)  The Arbitrations Act does not apply to arbitrations under this Part.

Time for decision

   (6)  The board of arbitration shall give a decision within 90 days after the last or only member of the board is appointed.

Extension

   (7)  The parties may agree to extend the time described in subsection (6), either before or after the time has passed.

Term of the agreement

   (8)  In making its decision upon matters in dispute between the parties, the board of arbitration may provide,

  (a)  where notice was given under section 16 of the Labour Relations Act, 1995, that any of the terms of the agreement except its term of operation shall be retroactive to such day as the board may fix, but not earlier than the day upon which such notice was given; or

  (b)  where notice was given under section 59 of the Labour Relations Act, 1995, that any of the terms of the agreement except its term of operation shall be retroactive to such day as the board may fix, but not earlier than the day upon which the previous agreement ceased to operate.

Reference back to board

   29.8  (1)  The board of arbitration may, upon application by a party within 10 days after the release of a decision, amend, alter or vary the decision where it is shown to the satisfaction of the board that they failed to deal with any matter in dispute referred to them or that an error is apparent on the face of the decision.

Representations on reference back

   (2)  Before amending, altering or varying a decision on an application under subsection (1), the board shall give the parties an opportunity to make representations on the application.

Time limit on reference back

   (3)  A decision may be amended, altered or varied on an application under subsection (1) only within 20 days after the application is made.

No decision to require legislation

   (4)  In making a decision, the board of arbitration shall not include any term that would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating money for its implementation.

Where agreement reached

   29.9  (1)  Where, during the bargaining under this Act or during the proceedings before the board of arbitration, the parties agree on all the matters to be included in a collective agreement, they shall put them in writing and shall execute the document, and thereupon it constitutes a collective agreement under the Labour Relations Act, 1995.

Failure to make agreement

   (2)  If the parties fail to put the terms of all the matters agreed upon by them in writing or if, having put the terms of their agreement in writing, either of them fails to execute the document within seven days after it was executed by the other of them, they shall be deemed not to have made a collective agreement and it shall instead be decided by arbitration in accordance with this Part.

Decision of board

   (3)  Where, during the bargaining under this Act or during the proceedings before the board of arbitration, the parties have agreed upon some matters to be included in the collective agreement and have notified the board in writing of the matters agreed upon, the decision of the board shall be confined to the matters not agreed upon by the parties and to such other matters that appear to the board necessary to be decided to conclude a collective agreement between the parties.

Same

   (4)  Where the parties have not notified the board of arbitration in writing that, during the bargaining under this Act or during the proceedings before the board of arbitration, they have agreed upon some matters to be included in the collective agreement, the board shall decide all matters in dispute and such other matters that appear to the board necessary to be decided to conclude a collective agreement between the parties.

Execution of agreement

   29.10  (1)  Within five days after the date of the decision of the board of arbitration or such longer period as may be agreed upon in writing by the parties, the parties shall prepare and execute a document giving effect to the decision of the board and any agreement of the parties, and the document thereupon constitutes a collective agreement.

Preparation of agreement by board

   (2)  If the parties fail to prepare and execute a document in the form of a collective agreement giving effect to the decision of the board and any agreement of the parties within the period mentioned in subsection (1), the parties or either of them shall notify the chair of the board in writing forthwith, and the board shall prepare a document in the form of a collective agreement giving effect to the decision of the board and any agreement of the parties and submit the document to the parties for execution.

Failure to execute agreement

   (3)  If the parties or either of them fail to execute the document prepared by the board within a period of five days from the day of its submission by the board to them, the document shall come into effect as though it had been executed by the parties, and the document thereupon constitutes a collective agreement under the Labour Relations Act, 1995.

Effective date

   (4)  The date the board of arbitration gives its decision is the effective date of the document that constitutes a collective agreement between the parties.

Remuneration and expenses

   29.11  The remuneration and expenses of the members of the board of arbitration shall be paid as follows:

    1.  If a single arbitrator is appointed, each party shall pay one-half of the remuneration and expenses of the arbitrator.

    2.  If a board of arbitration is appointed, each party shall pay the remuneration and expenses of the member appointed by or on behalf of the party and one-half of the remuneration and expenses of the chair.

Strikes and lock-outs prohibited

   29.12  Despite anything in the Labour Relations Act, 1995, employees to whom this Part applies shall not strike and the employer shall not lock them out.

Timeliness of representation applications

   29.13  (1)  Despite section 67 of the Labour Relations Act, 1995, where a trade union that has been certified as the bargaining agent for the Correctional Bargaining Unit has given notice to the employer of employees who are members of that unit under section 16 of that Act and the Minister has appointed a conciliation officer, an application for a declaration that the trade union no longer represents the employees in the bargaining unit determined in the certificate may be made only in accordance with subsection 63 (2) of the Labour Relations Act, 1995.

Same

   (2)  Subject to subsection (3) and despite section 67 of the Labour Relations Act, 1995, where notice has been given under section 59 of the Labour Relations Act, 1995 by or to a trade union that is the bargaining agent for the Correctional Bargaining Unit to or by the employer of employees who are members of that unit and the Minister has appointed a conciliation officer, an application for certification of a bargaining agent of the employees who are members of that unit or an application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees who are members of that unit shall not be made after the day upon which the agreement ceased to operate or the day upon which the Minister appointed a conciliation officer, whichever is later, except in accordance with section 7 or subsection 63 (2) of the Labour Relations Act, 1995, as the case may be.

Same

   (3)  The applications referred to in subsection (2) shall not be made until a collective agreement for the Correctional Bargaining Unit is made following the expiry of the collective agreements referred to in subsections 23 (3) and (4) for the Unit.

Working conditions may not be altered

   29.14  Despite subsection 86 (1) of the Labour Relations Act, 1995, if notice has been given under section 16 or 59 of that Act and no collective agreement is in operation,

  (a)  the employer shall not, except with the consent of the bargaining agent, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer, the bargaining agent or the employees; and

  (b)  the bargaining agent shall not, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the bargaining agent or the employees.

Filing of decisions

   29.15  Every chair of a board of arbitration shall file a copy of every decision of the board with the Minister.

Delegation

   29.16  (1)  The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act.

Proof of appointment

   (2)  An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it.

Regulations

   29.17  (1)  The Minister may make regulations for the purposes of this Part,

  (a)  providing for and regulating the engagement of experts, investigators and other assistants by boards of arbitration;

  (b)  providing for and fixing the remuneration and expenses of chairs and other members of boards of arbitration;

   (c)  prescribing rules of practice and procedure;

  (d)  prescribing forms and providing for their use;

  (e)  addressing any issue related to the application of any provision of the Labour Relations Act, 1995 that arises as a result of,

           (i)  a collective agreement being executed within 90 days of its expiry,

          (ii)  a collective agreement being executed after the period during which that agreement applies has expired, or

         (iii)  the interaction between subsection 24 (7) of this Act and section 7 or subsection 63 (2) of the Labour Relations Act, 1995;

   (f)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part.

Same

   (2)  Without limiting the generality of clause (1) (e), a regulation made under that clause may modify the application of a provision of the Labour Relations Act, 1995 in order to achieve the objectives of the provision.

   8.  The Act is amended by adding the following section:

Non-application, Correctional Bargaining Unit

   30.1  This Part does not apply to the Correctional Bargaining Unit described in subsection 22 (2).

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

Exception

   (3)  This section does not apply with respect to a bargaining unit that was continued by section 23 as it read on the day before the day section 7 of Schedule 6 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 came into force.

   10.  Sections 56 and 57 of the Act are repealed.

Commencement

   11.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 7
financial administration act

   1.  (1)  Paragraph 1 of section 21 of the Financial Administration Act is repealed and the following substituted:

    1.  The payment, renewal, repayment or replacement of all or part of any loan raised or security issued under this or any other Act if all of the following conditions are satisfied:

            i.  The Lieutenant Governor in Council makes an order under this paragraph.

           ii.  The order specifies the maximum aggregate amount of the money that may be raised under this paragraph within 24 months after the date on which the order is made.

          iii.  The maximum aggregate amount specified in the order does not exceed the amount necessary for the payment, renewal, repayment or replacement of the following loans and securities:

                  A.  Loans that come due and securities that mature no earlier than 12 months before the date on which the order is made and no later than 12 months after the date on which the order is made.

                  B.  Loans and securities that are purchased or cancelled by Ontario no earlier than 12 months before the date on which the order is made and no later than the date on which the order is made.

   (2)  Section 21 of the Act is amended by adding the following subsection:

Refinancing may increase indebtedness or extend term

   (2)  The money raised for a purpose described in paragraph 1 of subsection (1) may increase the amount of the public debt or extend the term of years, if any, fixed by the Act that authorized the raising of the loan or the issue and sale of the securities being paid, renewed, repaid or replaced.

   2.  (1)  Paragraphs 1 and 2 of subsection 26 (2) of the Act are amended by striking out “Canadian dollar noon spot exchange rate” wherever it appears and substituting in each case “Canadian dollar spot exchange rate”.

   (2)  Subsections 26 (4) and (5) of the Act are repealed and the following substituted:

Foreign currency securities refinanced under section 21

   (4)  For the purpose of specifying in Canadian dollars the maximum aggregate amount of money in an order under paragraph 1 of section 21, the Minister of Finance may approve a method for calculating the conversion into Canadian dollars of the amount necessary for the payment, renewal, repayment or replacement of all or part of a loan or security denominated in a currency other than Canadian dollars.

Bank of Canada rate not available

   (5)  If, in respect of a foreign currency to be converted to Canadian dollars in accordance with subsection (2), the Bank of Canada has not quoted a Canadian dollar spot exchange rate in the 10 days preceding the date described in paragraph 1 of subsection (2), the conversion shall be at the Canadian dollar exchange rate for that currency quoted on a day and by a financial service or financial institution acceptable to the Minister of Finance.

Commencement

   3.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 8
financial services regulatory authority of ontario act, 2016

CONTENTS

Interpretation

1.

Definitions

Establishment, Objects, Powers, etc.

2.

Authority established

3.

Object of the Authority

4.

Preparation to carry out function

5.

Information for preparation, etc.

6.

Powers of the Authority

7.

Application of certain Acts

Directors and Employees

8.

Board of directors

9.

By-laws

10.

Authority staff

Financial Matters

11.

Revenues not part of CRF

12.

Restriction on certain financial activities

13.

Loans, etc., to the Authority

14.

Payment of judgments against the Authority

15.

Assessment of regulated sector

16.

Payment of assessment

17.

Financial statements

18.

Minister’s request for information

Immunity

19.

Immunity of employees and others

20.

Testimony in civil proceedings

Regulations

21.

Regulations

Amendment to this Act

22.

Amendment to s. 7 (3)

Commencement and Short Title

23.

Commencement

24.

Short title

______________

Interpretation

Definitions

   1.  In this Act,

“Authority” means the Financial Services Regulatory Authority of Ontario established under subsection 2 (1); (“Office”)

“DICO” means the Deposit Insurance Corporation of Ontario continued under section 249 of the Credit Unions and Caisses Populaires Act, 1994; (“SOAD”)

“Financial Services Tribunal” means the Financial Services Tribunal established under section 6 of the Financial Services Commission of Ontario Act, 1997; (“Tribunal des services financiers”)

“FSCO” means the Financial Services Commission of Ontario established under the Financial Services Commission of Ontario Act, 1997; (“CSFO”)

“Minister” means the Minister of Finance or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“regulated sector” has the same meaning as in section 1 of the Financial Services Commission of Ontario Act, 1997; (“secteur réglementé”)

“Superintendent of Financial Services” means the Superintendent of Financial Services appointed under section 5 of the Financial Services Commission of Ontario Act, 1997. (“surintendant des services financiers”)

Establishment, Objects, Powers, etc.

Authority established

   2.  (1)  A corporation without share capital is hereby established under the name Financial Services Regulatory Authority of Ontario in English and Office ontarien de réglementation des services financiers in French.

Membership

   (2)  The members of the Authority shall consist of the members of its board of directors.

Crown agency

   (3)  The Authority is an agent of the Crown in right of Ontario.

Object of the Authority

   3.  The object of the Authority is to regulate the regulated sectors.

Preparation to carry out function

   4.  The Authority shall work with the Minister to prepare for the Authority to carry out the regulatory function described in section 3.

Information for preparation, etc.

   5.  (1)  The Minister or the Authority may require FSCO, the Superintendent of Financial Services and DICO to provide information for the purpose of preparing for the Authority to carry out the regulatory function described in section 3 and for the transition from that function being carried out by FSCO, the Superintendent of Financial Services and DICO to that function being carried out by the Authority.

Format

   (2)  The Minister or the Authority may require that the information be provided in the format specified by the Minister or the Authority.

Compliance

   (3)  FSCO, the Superintendent of Financial Services and DICO shall comply with a requirement under this section.

Information shared between Minister and Authority

   (4)  Information, including information collected otherwise than in accordance with this section, may be provided for the purpose described in subsection (1),

  (a)  from the Minister to the Authority; or

  (b)  from the Authority to the Minister.

No notice to individual

   (5)  Any collection by the Minister or the Authority of personal information under this section is exempt from the application of subsection 39 (2) of the Freedom of Information and Protection of Privacy Act.

Deemed consistent purpose

   (6)  For the purposes of the Freedom of Information and Protection of Privacy Act, personal information in the custody or control of the Ministry that has been collected otherwise than in accordance with this section may be used by the Ministry for the purpose described in subsection (1), and that use shall be deemed to be for a purpose that is consistent with the purpose for which the personal information was obtained or compiled.

Powers of the Authority

   6.  The Authority has the capacity, rights, powers and privileges of a natural person for carrying out its objects, subject to the limitations under this Act.

Application of certain Acts

   7.  (1)  The Corporations Information Act does not apply to the Authority.

Business Corporations Act

   (2)  Section 132, subsections 134 (1) and (3), and sections 135 and 136 of the Business Corporations Act apply, with necessary modifications, to the Authority and its directors and officers.

Corporations Act

   (3)  The Corporations Act does not apply to the Authority except as prescribed in the regulations made under this Act.

Directors and Employees

Board of directors

   8.  (1)  The board of directors shall supervise the management of the Authority’s affairs.

Composition

   (2)  The board of directors shall consist of at least three and not more than 11 directors.

Appointment

   (3)  Each director shall be appointed by the Lieutenant Governor in Council, on the recommendation of the Minister.

Ineligibility

   (4)  A person who is an officer or other employee of the Authority is ineligible to be a director of the Authority.

Quorum

   (5)  A majority of the directors constitutes a quorum of the board of directors.  However, the by-laws may provide for a higher threshold for quorum.

Chair

   (6)  The Lieutenant Governor in Council shall, on the recommendation of the Minister, designate a director as chair.

Same

   (7)  The chair holds office for the term specified by the Lieutenant Governor in Council which shall not exceed his or her term as a director.

Acting chair

   (8)  If the chair is absent at any meeting of the board of directors or if the office of the chair is vacant, one of the directors who is chosen to so act by the directors present shall preside and have all the powers, duties and functions of the chair.

By-laws

   9.  (1)  Subject to the approval of the Minister, the board of directors may make by-laws,

  (a)  governing the administration, management and conduct of the affairs of the Authority;

  (b)  governing the appointment of an auditor;

   (c)  setting out the powers, functions and duties of the chair and the officers employed by the Authority;

  (d)  delegating to employees of the Authority the exercise or performance of any power or duty conferred or imposed on an officer of the Authority under this Act and fixing the terms or conditions of the delegation;

  (e)  governing the remuneration and benefits of the employees;

   (f)  governing the time, place and method for holding meetings of the board of directors and the procedure at such meetings; and

  (g)  governing the appointment, operation or dissolution of committees of the board of directors and delegating duties of the board to the committees.

Notice to Minister

   (2)  The Authority shall deliver to the Minister a copy of every by-law.

Minister’s review

   (3)  Within 60 days after delivery of the by-law, the Minister may approve, reject or return it to the Authority for further consideration.

Effect of approval

   (4)  A by-law that is approved by the Minister becomes effective on the date of the approval or on such later date as the by-law may provide.

Effect of rejection

   (5)  A by-law that is rejected by the Minister does not become effective.

Effect of return for further consideration

   (6)  A by-law that is returned to the Authority for further consideration does not become effective until the Authority returns it to the Minister and the Minister approves it.

Expiry of review period

   (7)  If within the 60-day period the Minister does not approve, reject or return the by-law for further consideration, the by-law becomes effective on the 75th day after it is delivered to the Minister or on such later date as the by-law may provide.

Financial by-laws

   (8)  The following apply with respect to a by-law relating to borrowing, investing or managing financial risks:

    1.  Subsections (3) to (7) do not apply.

    2.  The by-law does not take effect unless it is approved by the Minister and, if the Minister is not the Minister of Finance, the Minister of Finance.

    3.  The by-law becomes effective upon being approved under paragraph 2 or on such later date as the by-law provides.

Publication

   (9)  The Authority shall publish each by-law on the Internet as soon as practicable after the by-law becomes effective.

Legislation Act, 2006, Part III

   (10)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a by-law.

Authority staff

   10.  (1)  The Authority may employ such persons as it considers necessary to enable it effectively to perform its duties and exercise its powers.

Chief Executive Officer

   (2)  The board of directors shall appoint a Chief Executive Officer who shall be responsible for the management and administration of the Authority, subject to the supervision and direction of the board.

Other officers

   (3)  The Authority may appoint from among its employees such other officers as it considers necessary.

Agreement for services

   (4)  The Authority and a ministry of the Crown may enter into agreements for the provision by employees of the Crown of any service required by the Authority to carry out its duties and powers. The Authority shall pay the agreed amount for services provided to it.

Financial Matters

Revenues not part of CRF

   11.  (1)  Despite Part I of the Financial Administration Act, the revenues and investments of the Authority do not form part of the Consolidated Revenue Fund.

Same

   (2)  The revenues of the Authority shall be applied to carrying out its objects.

Restriction on certain financial activities

   12.  (1)  The Authority shall not borrow, invest funds or manage financial risks unless,

  (a)  the activity is authorized by a by-law of the Authority; and

  (b)  the by-law is approved in accordance with paragraph 2 of subsection 9 (8).

Co-ordination of certain financial activities

   (2)  The Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risks of the Authority.

Same

   (3)  The Minister of Finance may in writing direct a person other than the Ontario Financing Authority to perform the functions referred to in subsection (2).

Direction of Minister

   (4)  A direction of the Minister of Finance under subsection (3) may be general or specific and may include terms and conditions that the Minister of Finance considers advisable.

Non-application of Legislation Act, 2006, Part III

   (5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a direction issued under subsection (3).

Loans, etc., to the Authority

   13.  (1)  The Lieutenant Governor in Council may, by order, authorize the Minister of Finance to purchase securities of, or make loans to, the Authority in the amounts, at the times and on the terms determined by the Minister, subject to the maximum principal amount specified by the Lieutenant Governor in Council that may be purchased or advanced or that may be outstanding at any time.

Same

   (2)  The Minister of Finance may pay out of the Consolidated Revenue Fund any amount required for the purposes of subsection (1).

Delegation of Minister’s authority

   (3)  The Lieutenant Governor in Council may, by order, delegate all or part of the authority of the Minister of Finance under subsection (1) to a public servant who works in the Ministry of Finance, other than in the office of the Minister, or who works in the Ontario Financing Authority.

Payment of judgments against the Authority

   14.  The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Authority that remains unpaid after the Authority has made reasonable efforts, including liquidating assets, to pay the amount of the judgment.

Assessment of regulated sector

   15.  (1)  The Lieutenant Governor in Council may assess all entities that form part of a regulated sector with respect to all expenses and expenditures that the Ministry and the Authority have incurred and made in respect of the work described in section 4 and other work that relates to the object of the Authority under section 3.

Determination of amount

   (2)  If an assessment is made under subsection (1), the share of the assessment in respect of the regulated sector and the share of the assessment payable by an entity that forms part of the sector shall be determined in the manner prescribed by the regulations made under this Act.

Same, variations

   (3)  The manner of determining the share may vary for each regulated sector or for the entities that form part of the sector.

Recommendation of Authority

   (4)  On request, the Authority shall recommend to the Lieutenant Governor in Council the manner in which the regulations made under this Act should determine the share of the assessment in respect of a regulated sector and the share of the assessment payable by an entity that forms part of the sector.

Payment of assessment

   16.  (1)  An entity that is assessed under section 15 shall pay the assessment.

Unpaid assessments

   (2)  If an entity that is assessed does not pay the assessment, the unpaid amount of the assessment is a debt due to the Crown and the Crown may recover the debt by action or by any other remedy or procedure available by law to the Crown for the collection of debts owed to the Crown, whether or not the Superintendent of Financial Services exercises the rights set out in subsection (3), (4) or (5).

Insurer

   (3)  If an insurer that is assessed does not pay the assessment, the Superintendent of Financial Services may suspend or cancel the insurer’s licence issued under the Insurance Act.

Loan and trust corporations

   (4)  If a corporation registered under the Loan and Trust Corporations Act that is assessed does not pay the assessment, the Superintendent of Financial Services may revoke the registration of the corporation under that Act.

Mortgage brokerages, etc.

   (5)  If a person or entity who has a licence issued under the Mortgage Brokerages, Lenders and Administrators Act, 2006 and who is assessed does not pay the assessment, the Superintendent of Financial Services may revoke the person’s or entity’s licence.

Holder of service provider’s licence

   (6)  If a person or entity who holds a service provider’s licence issued under Part VI (Automobile Insurance) of the Insurance Act and who is assessed does not pay the assessment, the Superintendent of Financial Services may revoke the licence.

Revival

   (7)  The Superintendent of Financial Services may revive the licence or restore the registration, as the case may be, if the entity that is assessed pays the amount owing on the assessment.

Financial statements

   17.  (1)  The Authority shall prepare annual financial statements in accordance with generally accepted accounting principles. The financial statements must present the financial position, financial performance and changes in the financial position of the Authority for its most recent fiscal year.

Auditors

   (2)  The Authority shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the financial statements of the Authority for each fiscal year.

Auditor General

   (3)  The Auditor General may also audit the financial statements of the Authority.

Minister’s request for information

   18.  (1)  The Authority shall promptly give the Minister such information about its activities, operations and financial affairs as the Minister requests.

Examination

   (2)  The Minister may designate a person to examine any financial or accounting procedures, activities or practices of the Authority. The person designated shall do so and report the results of the examination to the Minister.

Duty to assist, etc.

   (3)  The directors and employees of the Authority shall give the person designated by the Minister all the assistance and co-operation necessary to enable him or her to complete the examination.

Immunity

Immunity of employees and others

   19.  (1)  No action or other civil proceeding shall be commenced against a director, employee or agent of the Authority for an act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under this Act or the regulations made under this Act or under the by-laws of the Authority or for neglect or default in the exercise or performance in good faith of the power or duty.

Immunity of the Crown

   (2)  No action or other civil proceeding shall be commenced against the Crown for any act, neglect or default by a person referred to in subsection (1) or for any act, neglect or default by the Authority.

Exception

   (3)  Subsection (2) does not apply to a proceeding to enforce against the Crown its obligations under a written contract to which it is a party.

Same

   (4)  Subsections (1) and (2) do not relieve the Authority of any liability to which it would otherwise be subject with respect to a cause of action arising from any act, neglect or default mentioned in subsection (1).

Testimony in civil proceedings

   20.  No director, employee or agent of the Authority shall be required to testify in a civil proceeding, in a proceeding before the Superintendent of Financial Services or the Financial Services Tribunal or in a proceeding before any other tribunal respecting information obtained in the discharge of the person’s duties under this Act.

Regulations

Regulations

   21.  The Lieutenant Governor in Council may make regulations prescribing any matter mentioned in this Act as prescribed.

Amendment to this Act

Amendment to s. 7 (3)

   22.  Subsection 7 (3) of this Act is repealed and the following substituted:

Not-for-Profit Corporations Act, 2010

   (3)  The Not-for-Profit Corporations Act, 2010 does not apply to the Authority except as prescribed in the regulations made under this Act.

Commencement and Short Title

Commencement

   23.  (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

   (2)  Section 22 comes into force on the later of the day subsection 7 (3) comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

   24.  The short title of the Act set out in this Schedule is the Financial Services Regulatory Authority of Ontario Act, 2016.

SCHEDULE 9
fire protection and prevention act, 1997

   1.  The French version of clause 15 (1) (e) of the Fire Protection and Prevention Act, 1997 is amended by striking out “des détecteurs de fumée” and substituting “des avertisseurs de fumée”.

   2.  Sections 49 and 50 of the Act are repealed and the following substituted:

Referral to arbitration

   49.  Where, after bargaining under section 48, either of the parties is satisfied that an agreement cannot be reached, the party may, by notice in writing to the other party and to the Minister, require all matters remaining in dispute to be decided by arbitration in accordance with this Part.

   3.  (1)  Subsection 50.2 (1) of the Act is repealed and the following substituted:

Appointment of board of arbitration

   (1)  Within seven days after the day upon which notice is given under section 49, each of the parties shall appoint to a board of arbitration a member who has agreed to act.

   (2)  Subsection 50.2 (18) of the Act is amended by striking out “subsection (18)” and substituting “subsection (17)”.

   (3)  Section 50.2 of the Act is amended by adding the following subsections:

Written submissions

   (22.1)  The parties shall file written submissions on all matters remaining in dispute with the board of arbitration before the date set by the chair of the board of arbitration.

Same, time

   (22.2)  The date set by the chair in subsection (22.1) must be before the day the first hearing begins.

   (4)  Subsection 50.2 (23) of the Act is amended by adding “Subject to subsections (22.1) and (22.2)” at the beginning of the portion before clause (a).

   4.  Clause 50.4 (3) (b) of the Act is repealed and the following substituted:

  (b)  despite subsections 50.5 (1.1) and (1.2), refer matters of particular dispute to the parties concerned for further bargaining.

   5.  Section 50.5 of the Act is amended by adding the following subsections:

Same

   (1.1)  Subject to subsection (1.2), in making its decision, the board of arbitration shall not refer a matter that is in dispute back to the parties for further bargaining.

Same

   (1.2)  The board of arbitration may refer a matter that is in dispute back to the parties for further bargaining if,

  (a)  the board of arbitration has not issued its decision; and

  (b)  the parties agree.

Same

   (1.3)  For greater certainty, nothing in subsection (1.1) prevents the board of arbitration from referring matters concerning the implementation of its decision back to the parties.

   6.  The Act is amended by adding the following section before the heading “Operation of Collective Agreements”:

Transition

Referred to arbitration

   50.9  (1)  Sections 50, 50.2, 50.4 and 50.5, as they read immediately before the repeal date, continue to apply to parties who were referred to arbitration under section 50 before the repeal date.

Requested appointment of conciliation officer

   (2)  Sections 49 and 50 and subsection 50.2 (1), as they read immediately before the repeal date, continue to apply to parties if either party made a request for the appointment of a conciliation officer under subsection 49 (1) before the repeal date.

Definition — repeal date

   (3)  In this section,

“repeal date” means the day that section 6 of Schedule 9 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force.

   7.  Clause 57 (a) of the Act is repealed.

Commencement

   8.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 10
insurance act

   1.  Subsection 197 (2) of the Insurance Act is amended by striking out “subsection 196 (1)” and substituting “subsection 191 (1)”.

   2.  Section 282 of the Act is amended by adding the following subsection:

Unpaid assessments

   (4.1)  If an insurer that is assessed does not pay the assessment, the unpaid amount of the assessment is a debt due to the Crown and the Crown may recover the debt by action or by any other remedy or procedure available by law to the Crown for the collection of debts owed to the Crown, whether or not the Superintendent exercises the rights set out in subsections (5) and (6).

Commencement

   3.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 11
interim appropriation for 2017-2018 act, 2016

Interpretation

   1.  Expressions used in this Act have the same meaning as in the Financial Administration Act unless the context requires otherwise.

Expenses of the public service

   2.  Pending the voting of supply for the fiscal year ending on March 31, 2018, amounts not exceeding a total of $129,260,108,400may be paid out of the Consolidated Revenue Fund or recognized as non-cash expenses to be applied to the expenses of the public service that are not otherwise provided for.

Investments of the public service

   3.  Pending the voting of supply for the fiscal year ending on March 31, 2018, amounts not exceeding a total of $4,643,532,300 may be paid out of the Consolidated Revenue Fund or recognized as non-cash investments to be applied to the investments of the public service in capital assets, loans and other investments that are not otherwise provided for.

Expenses of the Legislative Offices

   4.  Pending the voting of supply for the fiscal year ending on March 31, 2018, amounts not exceeding a total of $219,450,300 may be paid out of the Consolidated Revenue Fund to be applied to the expenses of the Legislative Offices that are not otherwise provided for.

Charge to proper appropriation

   5.  All expenditures made or recognized under this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2018.

Commencement

   6.  The Act set out in this Schedule comes into force on April 1, 2017.

Short title

   7.  The short title of the Act set out in this Schedule is the Interim Appropriation for 2017-2018 Act, 2016.

SCHEDULE 12
INVESTMENT MANAGEMENT CORPORATION OF ONTARIO ACT, 2015

   1.  Subsection 12 (1) of the Investment Management Corporation of Ontario Act, 2015 is amended by striking out “manage and supervise” and substituting “manage or supervise the management of”.

   2.  Section 14 of the Act is amended by adding “and” at the end of clause (d), by striking out “and” at the end of clause (e) and by repealing clause (f).

Commencement

   3.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 13
Land Transfer Tax Act

   1.  (1)  Subsection 2 (1) of the Land Transfer Tax Act is repealed and the following substituted:

Tax

   (1)  Every person who, on or after January 1, 2017, tenders for registration in Ontario a conveyance by which any land is conveyed to or in trust for a transferee shall pay when the conveyance is tendered for registration or before it is tendered for registration,

  (a)  a tax computed at a rate of,

           (i)  one-half of 1 per cent of the value of the consideration for the conveyance up to and including $55,000,

          (ii)  1 per cent of the value of the consideration that exceeds $55,000 up to and including $250,000,

         (iii)  1.5 per cent of the value of the consideration that exceeds $250,000 up to and including $400,000, and

         (iv)  2 per cent of the value of the consideration that exceeds $400,000; and

  (b)  if the value of the consideration for the conveyance exceeds $2,000,000 and the conveyance is a conveyance of land that contains at least one and not more than two single family residences, an additional tax of one-half of 1 per cent of the amount by which the value of the consideration exceeds $2,000,000.

Same, registration prior to 2017

   (1.1)  Every person who, on or before December 31, 2016, tenders for registration in Ontario a conveyance by which any land is conveyed to or in trust for a transferee shall pay when the conveyance is tendered for registration or before it is tendered for registration,

  (a)  a tax computed at a rate of,

           (i)  one-half of 1 per cent of the value of the consideration for the conveyance up to and including $55,000,

          (ii)  1 per cent of the value of the consideration that exceeds $55,000 up to and including $250,000, and

         (iii)  1.5 per cent of the value of the consideration that exceeds $250,000; and

  (b)  if the value of the consideration for the conveyance exceeds $400,000 and the conveyance is a conveyance of land that contains at least one and not more than two single family residences, an additional tax of one-half of 1 per cent of the amount by which the value of the consideration exceeds $400,000.

Same, transition

   (1.2)  Despite subsection (1), every person who, pursuant to an agreement of purchase and sale entered into on or before November 14, 2016, tenders for registration in Ontario a conveyance by which any land is conveyed to or in trust for a transferee shall pay when the conveyance is tendered for registration or before it is tendered for registration a tax computed in accordance with subsection (1.1).

   (2)  Subsection 2 (2) of the Act is amended by,

  (a)  striking out “exceeds $400,000” wherever it appears and substituting in each case “exceeds $2,000,000 or, for a conveyance to which subsection (1.1) applies, exceeds $400,000”; and

  (b)  striking out “despite subsection (1)” in the portion after clause (c) and substituting “despite subsections (1) and (1.1)”.

   2.  Section 2.2 of the Act is amended by striking out “subsection 2 (1)” and substituting “section 2”.

   3.  (1)  Clause 3 (5) (a) of the Act is amended by striking out “subsection 2 (1)” and substituting “section 2”.

   (2)  Subsection 3 (6) of the Act is amended by striking out “subsection 2 (1)” in the portion before clause (a) and substituting “section 2”.

   (3)  Subsection 3 (8) of the Act is amended by striking out “subsection 2 (1)” and substituting “section 2”.

   (4)  Clause 3 (11) (b) of the Act is amended by striking out “subsection 2 (1)” and substituting “section 2”.

   4.  The Act is amended by adding the following sections:

Additional information

   5.0.1  (1)  Every person required by section 5 to make a statement or affidavit or to deliver a return shall provide the Minister with such additional information as may be prescribed about the transferee and the conveyance, or about the person who acquires a beneficial interest in land and the disposition, and shall provide the information in the form and manner approved by the Minister.

Use of information

   (2)  The Minister may use information collected under subsection (1) for the purposes of the administration or enforcement of this Act.

Same, analyses

   (3)  The Minister may use information collected under subsection (1) in de-identified form for the purposes of compiling statistical information and of developing and evaluating economic, tax and fiscal policy.

Meaning of “de-identified form”

   (4)  For the purposes of subsection (3), information is in de-identified form if any information that identifies an individual and any information that it is reasonably foreseeable in the circumstances could be utilized, either alone or with other information, to identify an individual, has been removed.

Regulations

   (5)  The Minister may make regulations prescribing anything that is referred to as prescribed in this section.

Confidentiality

   5.0.2  (1)  Except as authorized by this section and subsections 5.0.1 (2) and (3), the Minister shall not,

  (a)  knowingly communicate or knowingly allow to be communicated to any person any personal information obtained under section 5.0.1; or

  (b)  knowingly allow any person to inspect or to have access to any personal information obtained under section 5.0.1.

Same

   (2)  Except as authorized by this section and subsection 5.2 (3), no designated collector and no land registrar shall,

  (a)  knowingly communicate or knowingly allow to be communicated to any person any personal information obtained under section 5.0.1; or

  (b)  knowingly allow any person to inspect or to have access to any personal information obtained under section 5.0.1.

Testimony

   (3)  No person who collects information under section 5.0.1 shall be required, in connection with any legal proceedings,

  (a)  to give evidence relating to any information obtained under section 5.0.1; or

  (b)  to produce any information obtained under section 5.0.1.

Exception

   (4)  Subsections (1), (2) and (3) do not apply in respect of,

  (a)  criminal proceedings under any Act of the Parliament of Canada;

  (b)  proceedings in respect of the trial of any person for an offence under an Act of the Legislature; or

   (c)  proceedings relating to the administration or enforcement of this Act.

Same

   (5)  The Minister may permit information obtained under section 5.0.1 to be given to,

  (a)  the person from whom the information was obtained; or

  (b)  the legal representative of a person mentioned in clause (a) or the agent of the person authorized in writing in that behalf.

   5.  Subsection 7.1 (2) of the Act is repealed and the following substituted:

Same, tax under s. 2

   (2)  Every person who tenders for registration a conveyance described in subsection 2 (1) or (1.1) and who pays, at that time, an amount that is less than the amount of tax payable by that person under section 2 shall pay a penalty, when the Minister assesses it, in an amount equal to 5 per cent of the difference between the tax payable and the amount actually paid.

   6.  (1)  Subsection 8 (2) of the Act is amended by striking out “clause 2 (1) (b)” in the portion before clause (a) and substituting “clause 2 (1) (b) or (1.1) (b)”.

   (2)  Subsection 8 (6) of the Act is amended by striking out “subsection 2 (1)” and substituting “section 2”.

   7.  (1)  Clause 9 (1) (b) of the Act is amended by striking out “subsection 2 (1)” and substituting “section 2”.

   (2)  Subsection 9 (2) of the Act is amended by striking out “subsection 2 (1)” wherever it appears and substituting in each case “section 2”.

   (3)  Subsection 9 (4) of the Act is amended by striking out “subsection 2 (1)” and substituting “section 2”.

   (4)  Subsection 9 (8) of the Act is amended by striking out “subsection 2 (1)” and substituting “section 2”.

   8.  (1)  Subsection 9.2 (1) of the Act is amended by adding the following definition:

“permanent resident of Canada” meansa permanent resident as defined in the Immigration and Refugee Protection Act (Canada); (“résident permanent du Canada”)

   (2)  The definition of “purchaser” in subsection 9.2 (1) of the Act is repealed and the following substituted:

“purchaser” means,

  (a)  if the conveyance or disposition of the qualifying home occurs before January 1, 2017, an individual who is at least 18 years of age and who has never owned an eligible home anywhere in the world and whose spouse has not owned an eligible home anywhere in the world while he or she was a spouse of the individual,

  (b)  if the conveyance or disposition of the qualifying home occurs on or after January 1, 2017 and the agreement of purchase and sale for the home is entered into on or before November 14, 2016, an individual who is at least 18 years of age, and who has never owned an eligible home anywhere in the world and whose spouse has not owned an eligible home anywhere in the world while he or she was a spouse of the individual, and

   (c)  if the conveyance or disposition of the qualifying home occurs on or after January 1, 2017 and the agreement of purchase and sale for the home is entered into after November 14, 2016, an individual who is at least 18 years of age, who is a Canadian citizen or permanent resident of Canada, and who has never owned an eligible home anywhere in the world and whose spouse has not owned an eligible home anywhere in the world while he or she was a spouse of the individual; (“acheteur”)

   (3)  Section 9.2 of the Act is amended by adding the following subsection:

Same

   (2.0.1)  If an individual who would otherwise be eligible for a refund under subsection (2) is not eligible because the individual is not a purchaser within the meaning of subsection (1) because the individual is not a Canadian citizen or permanent resident of Canada on the date of the conveyance or disposition, that individual is eligible for the refund if he or she becomes a Canadian citizen or permanent resident of Canada within 18 months after the date of the conveyance or disposition.

   (4)  Subsection 9.2 (2.1) of the Act is repealed and the following substituted:

Maximum refund

   (2.1)  If the agreement of purchase and sale is entered into by the purchaser after March 31, 1999, the maximum amount of tax refundable under subsection (2) in respect of the acquisition of a qualifying home is,

  (a)  $2,000 if the conveyance or disposition of the home occurs before January 1, 2017; and

  (b)  $4,000 if the conveyance or disposition of the home occurs on or after January 1, 2017.

   9.  Subsection 14.1 (5) of the Act is amended by striking out “on or after the day this section comes into force” and substituting “on or after December 20, 2006”.

Commencement

   10.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 14
Ministry of revenue Act

   1.  Section 1 of the Ministry of Revenue Act is amended by adding the following definition:

“public body” means,

  (a)  the Government of Canada and any ministry or agency thereof and the Crown in right of Canada and any agency thereof,

  (b)  the Government of any other province or territory of Canada and any ministry or agency thereof and the Crown in right of any other province of Canada and any agency thereof,

   (c)  the corporation of any municipality in Ontario,

  (d)  a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario,

  (e)  a Crown agency,

   (f)  a corporation, with or without share capital, that is not a Crown agency but is owned, operated or controlled by the Crown,

  (g)  any other board, commission, authority or unincorporated body of the Crown,

  (h)  such other persons and entities as may be prescribed. (“organisme public”)

   2.  The definition of “public body” in section 10.1 of the Act is repealed.

   3.  The Act is amended by adding the following section:

Underground economy: collection and analysis of information

   11.5  (1)  The Minister may request information about a person or entity that carries on business in Ontario from another ministry or a public body, including,

  (a)  the person’s or entity’s legal name;

  (b)  the name under which the person or entity carries on business, if it is not the legal name;

   (c)  the person’s or entity’s contact information;

  (d)  any identifying number, symbol or other identifier assigned to the person or entity in connection with another Act;

  (e)  information about any licence, permit, certificate, registration or other approval or authorization issued to the person or entity and about the status of the licence, permit, certificate, registration, approval or authorization;

   (f)  information about the person’s or entity’s compliance with any obligations relating to the licence, permit, certificate, registration, approval or authorization;

  (g)  information about complaints made to the ministry or public body about the person or entity;

  (h)  information compiled in connection with an examination, test, audit, inspection, investigation or other inquiry carried out under an Act with respect to the person’s or entity’s business, including information respecting forms, notes or reports generated by the examination, test, audit, inspection, investigation or inquiry;

    (i)  information related to the person’s or entity’s compliance with other Acts, including information about orders, notices, penalties or convictions related to the person or entity; and

    (j)  such other information as may be prescribed.

Disclosure to the Minister

   (2)  A ministry or public body is permitted to disclose the requested information to the Minister, despite any other Act.

Exception, personal information

   (3)  Information disclosed under subsection (2) shall not include personal information as defined in the Freedom of Information and Protection of Privacy Act or personal health information as defined in the Personal Health Information Protection Act, 2004.

Use of the information

   (4)  The Minister may use the information received from a ministry or public body for the purpose of administering and enforcing tax laws, including verifying or updating the Ministry’s records about persons and entities.

Same, analyses

   (5)  The Minister may use the information received from a ministry or public body, in combination with information collected by the Minister under any Act that he or she administers, in order to conduct policy, statistical and risk analyses in connection with the administration and enforcement of tax laws.

Disclosure by Minister

   (6)  For the purpose of assisting a ministry or public body with the administration of statutes under which the ministry or public body has powers or duties, the Minister may disclose the results of statistical and risk analyses conducted under subsection (5) using information about a person or entity to a ministry or public body that has disclosed information to the Minister under this section respecting the person or entity.

Confidentiality

   (7)  The Minister shall maintain information collected under this section in confidence in accordance with the confidentiality requirements to which it was subject when it was originally collected.

Definition of “business”

   (8)  For the purposes of this section,

“business” includes a profession, trade, manufacture or undertaking of any kind whatever, engaged in for profit, but does not include an office or employment.

   4.  Section 12 of the Act is amended by adding the following subsection:

Same, underground economy

   (1.3)  On behalf of the Government of Ontario, the Minister, together with the Minister of Finance, may enter into an agreement with the Canada Revenue Agency providing for the disclosure of information obtained by the Minister under section 11.5, and the disclosure of the Minister’s statistical and risk analyses referred to in that section, and providing for the collection of information by the Minister for the purposes of that section.

   5.  (1)  Clause 13 (c) of the Act is amended by striking out “for the purposes of sections 11 and 11.1” at the end and substituting “for the purpose of the definition of “public body” in section 1”.

   (2)  Section 13 of the Act is amended by adding the following clause:

    (j)  prescribing information for the purposes of subsection 11.5 (1).

Commencement

   6.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 15
MUNICIPAL ACT, 2001

   1.  Paragraph 2 of subsection 218 (1) of the Municipal Act, 2001 is repealed and the following substituted:

    2.  Subject to paragraph 2.1, the head of council shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council.

  2.1  For a regional municipality other than the County of Oxford, the head of council shall be elected by general vote in accordance with the Municipal Elections Act, 1996.

   2.  The Act is amended by adding the following section:

Head of regional council

   218.1  (1)  On the day the new council of a regional municipality is organized following the regular election in 2018, the head of council of a regional municipality shall be elected by general vote in accordance with the Municipal Elections Act, 1996.

Conduct of regular election in 2018

   (2)  The regular election in 2018 in a regional municipality shall be conducted as if the method of selecting the head of council described in subsection (1) was already in effect.

Exception

   (3)  This section does not apply to the County of Oxford.

   3.  Section 221 of the Act is repealed and the following substituted:

Conflicts

   221.  In the event of a conflict between section 217, 218, 218.1 or 220 or a by-law described in those sections and any other Act in respect of the composition of a council, the term of office of the head of the upper-tier council, the number of votes given to each member, the method of selecting the head of council of a regional municipality or the titles of members, section 217, 218, 218.1 or 220 or a by-law described in those sections prevails.

   4.  Subsections 313 (1.1), (2) and (3) of the Act are repealed and the following substituted:

Municipal option

   (1.1)  Despite subsection (1), a municipality, other than a lower-tier municipality, may pass a by-law providing for the application of a single percentage that is not less than 30 per cent and not more than 35 per cent instead of the percentages described in paragraphs 2, 3, 4 and 5 of subsection (1).

Same

   (1.2)  Despite subsection (1), a municipality, other than a lower-tier municipality, may pass a by-law providing for the application of a percentage within a range prescribed by the Minister of Finance instead of the percentage described in paragraph 2, 3, 4 or 5 of subsection (1), as the case may be.

Same

   (1.3)  Despite subsection (1), a municipality, other than a lower-tier municipality, may, if authorized by the regulations, pass a by-law providing that a tax rate reduction in paragraph 2, 3, 4 or 5 of subsection (1) does not apply.

Regulations

   (2)  The Minister of Finance may make regulations,

  (a)  prescribing percentages or ranges for the purposes of subsection (1);

  (b)  prescribing ranges for the purposes of subsection (1.2);

   (c)  authorizing a municipality to pass a by-law referred to in subsection (1.3);

  (d)  imposing conditions on the ability of a municipality to pass a by-law referred to in this section.

Choice of percentage within range

   (3)  If a regulation made under clause (2) (a) requires the tax rates for the subclasses referred to in paragraph 1 of subsection (1) to be reduced by a percentage within a range described in the regulation,

  (a)  the percentage shall be specified, by by-law, by the local municipality or, if the local municipality is a lower-tier municipality, by the upper-tier municipality; and

  (b)  if no percentage is specified under clause (a), the percentage shall be the highest percentage in the range.

   5.  (1)  Clause 314 (1) (a) of the Act is repealed and the following substituted:

  (a)  establish two or three bands of assessment of property for the purposes of facilitating graduated tax rates for any one or more of the classes prescribed under clause (5) (0.a) or included in the commercial classes or the industrial classes; and

   (2)  Subsection 314 (5) of the Act is amended by adding the following clause:

(0.a) prescribing classes of real property for the purposes of clause (1) (a), other than the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class;

   6.  (1)  Subsection 327 (4) of the Act is repealed and the following substituted:

Property that Part applies to

   (4)  This Part applies with respect to property in the commercial classes, the industrial classes, the multi-residential property class and any other class prescribed under clause (10) (a).

   (2)  Subsection 327 (6) of the Act is repealed and the following substituted:

Exception

   (6)  Despite clause (5) (c), this Part applies to a property or portion of a property in the commercial classes, the industrial classes or a class prescribed under clause (10) (a) to which subsection 4 (3) of the Municipal Tax Assistance Act applies, but the portion of a property to which that subsection applies is deemed to be a separate property for the purposes of this Part.

   (3)  Subsections 327 (10), (10.1), (10.2) and (11) of the Act are repealed and the following substituted:

Regulations

   (10)  The Minister of Finance may by regulation,

  (a)  prescribe classes of real property that this Part applies to, other than the residential property class, the farm property class, the pipe line property class or the managed forests property class;

  (b)  exempt property, including a portion of a property, from the application of this Part;

   (c)  provide that this Part does not apply in a municipality.

Same

   (11)  A regulation under clause (10) (b) or (c) may provide that property is exempt or that this Part does not apply only if prescribed circumstances exist.

Exempt property deemed not in classes

   (12)  The commercial classes, the industrial classes, the multi-residential property class and any class prescribed under clause (10) (a) are deemed, for the purposes of this Part, not to include property exempted from the application of this Part under this section.

   7.  Clauses 329 (3) (b) and (c) of the Act are repealed and the following substituted:

  (b)  governing the calculation of taxes for a taxation year in the circumstances described in paragraph 5 of subsection (1);

   (c)  governing the calculation of taxes for a taxation year under paragraph 6 of subsection (1) in prescribed circumstances in connection with the phasing out of the application of this Part.

   8.  Subsection 329.1 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Municipal option: application of certain provisions of the Act

   (1)  A municipality, other than a lower-tier municipality, may pass a by-law to have one or more of the following paragraphs apply in the calculation of the amount of taxes for municipal and school purposes payable in respect of property in the commercial classes, the industrial classes, the multi-residential property class or a class prescribed under clause 327 (10) (a) for a taxation year:

.     .     .     .     .

   9.  (1)  Subsection 338 (1.2) of the Act is amended by adding “or” at the end of clause (a), by striking out “or” at the end of clause (b) and by striking out clause (c).

   (2)  Section 338 of the Act is amended by adding the following subsections:

Application of regulations under this Part

   (1.3)  A regulation made under this Part may provide that a provision of the regulation or of this Part does not apply to a municipality unless the municipality passes a by-law to have it apply, subject to any prescribed conditions.

Delegation to lower-tier municipality

   (1.4)  A lower-tier municipality does not have the authority to pass a by-law described in subsection (1.3) unless its upper-tier municipality delegates the authority to do so, by by-law, to the lower-tier municipality.

Regulations re: delegation to lower-tier municipality

   (1.5)  The Minister of Finance may make regulations governing by-laws and delegations made under subsection (1.4), including prescribing conditions that must be satisfied before an upper-tier municipality may make such a delegation.

   10.  (1)  Subsection 344 (3) of the Act is amended by adding the following clause:

(a.1) prescribing the method of calculating information relating to tax changes that must or that may be included on or with tax bills under section 343;

   (2)  Section 344 of the Act is amended by adding the following subsections:

Application of regulations

   (4)  A regulation made under subsection (3) may provide that a provision of the regulation or of this section does not apply to a municipality unless the municipality passes a by-law to have it apply, subject to any prescribed conditions.

Delegation to lower-tier municipality

   (5)  A lower-tier municipality does not have the authority to pass a by-law described in subsection (4) unless its upper-tier municipality delegates the authority to do so, by by-law, to the lower-tier municipality.

Regulations re: delegation to lower-tier municipality

   (6)  The Minister of Finance may make regulations governing by-laws and delegations made under subsection (5), including prescribing conditions that must be satisfied before an upper-tier municipality may make such a delegation.

   11.  (1)  Clause 361 (2) (b) of the Act is repealed and the following substituted:

  (b)  a property is eligible if it is in one of the commercial classes or industrial classes, within the meaning of subsection 308 (1) of this Act, or if it is in a class prescribed under clause (11) (b.1) of this section.

   (2)  Subsection 361 (11) of the Act is amended by adding the following clause:

(b.1) prescribing classes of real property for the purposes of clause (2) (b) and paragraph 2 of subsection (13), other than the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class;

   (3)  Paragraph 2 of subsection 361 (13) of the Act is repealed and the following substituted:

    2.  The fees and charges are imposed on owners of land that is included in the commercial classes or industrial classes, within the meaning of subsection 308 (1), or in a class prescribed under clause (11) (b.1).

   12.  (1)  Subsection 364 (1) of the Act is repealed and the following substituted:

Vacant unit rebate

   (1)  Every local municipality shall have a program to provide tax rebates to owners of property that has vacant portions if that property is in any of the commercial classes or industrial classes, as defined in subsection 308 (1), or in a class prescribed under clause (12) (a.0.1).

   (2)  Subsection 364 (2) of the Act is amended by adding the following paragraph:

  3.1  If the property is in a class prescribed under clause (12) (a.0.1), the rebate shall be equal to the percentage prescribed in the regulations.

   (3)  Subsection 364 (3) of the Act is repealed and the following substituted:

Mixed use

   (3)  If different portions of a property are classified on the assessment roll in any of the commercial classes, any of the industrial classes or in a class prescribed under clause (12) (a.0.1),

  (a)  the portion classified in the commercial classes, if any, shall be deemed to be one property for the purposes of this section;

  (b)  the portion classified in the industrial classes, if any, shall be deemed to be another property for the purposes of this section; and

   (c)  the portions in each class prescribed under clause (12) (a.0.1), if any, shall each be deemed to be a separate property for the purposes of this section.

   (4)  Clause 364 (12) (a.1) of the Act is repealed and the following substituted:

(a.0.1) prescribing classes of real property for the purposes of this section, other than the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class;

(a.1) prescribing percentages for the purposes of paragraphs 2, 3 and 3.1 of subsection (2);

Commencement

   13.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 16
occupational health and safety act

   1.  Subsection 1 (1) of the Occupational Health and Safety Act is amended by adding the following definition:

“health and safety management system” means a coordinated system of procedures, processes and other measures that is designed to be implemented by employers in order to promote continuous improvement in occupational health and safety; (“système de gestion de la santé et de la sécurité”)

   2.  The Act is amended by adding the following sections:

Accreditation of health and safety management systems

   7.6.1  (1)  The Chief Prevention Officer may accredit a health and safety management system if the system meets any applicable standards established under subsection (2).

Standards

   (2)  The Chief Prevention Officer may establish standards that a health and safety management system must meet in order to become an accredited health and safety management system.

Amendment

   (3)  The Chief Prevention Officer may amend standards established under subsection (2).

Recognition of employers

   7.6.2  (1)  The Chief Prevention Officer may give recognition to an employer in respect of one or more of its workplaces, upon the employer’s application, if,

  (a)  the employer satisfies the Chief Prevention Officer that it is a certified user of an accredited health and safety management system in its workplace or workplaces; and

  (b)  the employer meets any applicable criteria established under subsection (2).

Criteria

   (2)  The Chief Prevention Officer may establish criteria that an employer must meet for the purposes of clause (1) (b).

Amendment

   (3)  The Chief Prevention Officer may amend criteria established under subsection (2).

Validity of accreditations, recognitions

   7.6.3  (1)  An accreditation given under subsection 7.6.1 (1) or a recognition given under subsection 7.6.2 (1) is valid for the period that the Chief Prevention Officer specifies in the accreditation or recognition.

Revocation, etc., of accreditations, recognitions

   (2)  The Chief Prevention Officer may revoke or amend an accreditation or recognition.

Information re accreditations, recognitions

   7.6.4  (1)  The Chief Prevention Officer may require any person who is seeking an accreditation under subsection 7.6.1 (1) or recognition under subsection 7.6.2 (1), or who is the subject of an accreditation or recognition, to provide the Chief Prevention Officer with whatever information, records or accounts he or she may require pertaining to the accreditation or recognition and the Chief Prevention Officer may make such inquiries and examinations as he or she considers necessary.

Disclosure by Director

   (2)  A Director may communicate or allow to be communicated or disclosed any information that was collected under the authority of this Act or the regulations to the Chief Prevention Officer or to a delegate for the purposes of determining whether the employer should receive recognition or should keep such recognition.

Same

   (3)  Any disclosure of personal information that is authorized under subsection (2) shall be deemed to be in compliance with clause 42 (1) (d) of the Freedom of Information and Protection of Privacy Act.

Publication

   7.6.5  (1)  The Chief Prevention Officer may publish or otherwise make available to the public information relating to health and safety management systems accredited under subsection 7.6.1 (1) and employers given recognition under subsection 7.6.2 (1), including the names of the systems and employers.

Same

   (2)  The Chief Prevention Officer shall publish the standards for accreditation of health and safety management systems and the criteria for recognition of employers promptly after establishing or amending them.

   3.  Section 7.7 of the Act is repealed and the following substituted:

Delegation

   7.7  The Chief Prevention Officer may delegate, in writing, any of his or her powers or duties under subsections 7.1 (2) and 7.2 (2), sections 7.4 and 7.5, clause 7.6 (1) (b), subsections 7.6.1 (1) and 7.6.2 (1), sections 7.6.3 and 7.6.4 and subsection 7.6.5 (1) to any person, including any person outside the Ministry, subject to such limitations, restrictions, conditions and requirements as the Chief Prevention Officer may set out in the delegation.

   4.  Subsection 22.3 (1) of the Act is amended by adding the following clause:

(h.1) exercise the powers and perform the duties with respect to accreditation of health and safety management systems and recognition of employers that are set out in sections 7.6.1 to 7.6.5;

Commencement

   5.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 17
ONTARIO college of trades and apprenticeship act, 2009

   1.  (1)  The definitions of “Appointments Council”, “apprentice”, “Minister”, “Minister’s regulation” , “registered training agreement” and “sponsor” in section 1 of the Ontario College of Trades and Apprenticeship Act, 2009 are repealed and the following substituted:

“Appointments Council” means the branch of the Appointments Council and Classification Roster referred to in section 63.1; (“Conseil des nominations”)

“apprentice” means an individual who, pursuant to a registered training agreement, is receiving or is to receive training in a trade required as part of an apprenticeship program established by the College; (“apprenti”)

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act or part of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Minister’s regulation” means a regulation made by the Minister under subsection 74 (3); (“règlement du ministre”)

“registered training agreement” means an agreement registered under section 65 under which an individual is receiving or is to receive training in a trade required as part of an apprenticeship program established by the College; (“contrat d’apprentissage enregistré”)

“sponsor” means a person who, pursuant to a registered training agreement, is required to ensure that an individual is provided with the training required as part of an apprenticeship program established by the College; (“parrain”)

   (2)  Section 1 of the Act is amended by adding the following definitions:

“Appointments Council and Classification Roster” means the College of Trades Appointments Council and Classification Roster continued by section 63; (“Conseil des nominations et Registre du classement”)

“Classification Roster” means the branch of the Appointments Council and Classification Roster referred to in section 63.2; (“Registre du classement”)

“governing structure of the College” means the Board, the divisional boards referred to in section 19, the trade boards referred to in section 20 and the roster of adjudicators; (“structure de gouvernance de l’Ordre”)

“old Appointments Council” means the College of Trades Appointments Council established under section 63, as it read immediately before the Building Ontario Up for Everyone Act (Budget Measures), 2016 received Royal Assent; (“ancien Conseil des nominations”)

“Ontario Labour Relations Board” means the board continued under section 110 of the Labour Relations Act, 1995; (“Commission des relations de travail de l’Ontario”)

“review panel” means a panel established by the Board under section 21; (“comité d’examen”)

“roster of adjudicators” means the roster referred to in subsection 21 (5); (“liste des arbitres”)

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

“classification panel” means a panel appointed by the associate chair of the Classification Roster under subsection 63.6 (1); (“comité de classement”)

   (4)  The definitions of “compulsory trade” and “voluntary trade” in section 1 of the Act are amended by striking out “Board regulation” wherever it appears and substituting in each case “Minister’s regulation”.

   2.  The Act is amended by adding the following section:

Engaging in the practice of a compulsory trade

   4.1  For the purposes of this Act, an individual “engages in the practice of a compulsory trade” if,

  (a)  where a Minister’s regulation has been made under subsection 63.6 (9) implementing the determinations of a classification panel in respect of the compulsory trade, the individual engages in a practice that is prescribed by the regulation as engaging in the practice of the compulsory trade; or

  (b)  where a Minister’s regulation referred to in clause (a) has not been made, the individual engages in any practice that is prescribed by the Board as being within the scope of practice of the compulsory trade.

   3.  Subsection 9 (3) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

   4.  (1)  Paragraph 1 of subsection 11 (1) of the Act is repealed and the following substituted:

    1.  To establish the scopes of practice for trades and undertake reviews of the scopes of practice.

   (2)  Paragraph 10 of subsection 11 (1) of the Act is repealed.

   (3)  Paragraph 12 of subsection 11 (1) of the Act is amended by adding “and enforcement” after “compliance”.

   (4)  Subsection 11 (2) of the Act is amended by adding “and enforcement” after “compliance”.

   5.  The Act is amended by adding the following section:

Compliance and enforcement policy

   11.1  (1)  The College shall develop a compliance and enforcement policy respecting the object set out in paragraph 12 of subsection 11 (1), which shall include,

  (a)  a description of what constitutes a risk of harm and of how such risks will be accounted for in the enforcement of sections 2 and 4;

  (b)  an annual identification of risks that will be the enforcement focus for a compulsory trade for the year; and

   (c)  a description of how the College will fulfil its duty under subsection 11 (2).

Compliance and Enforcement Committee recommendations

   (2)  The Compliance and Enforcement Committee established under section 34.1 shall provide its recommendations regarding the contents of the College’s compliance and enforcement policy to the Board and the Minister within 120 days after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

Board approval

   (3)  The compliance and enforcement policy must be approved by the Board before it is implemented.

Same

   (4)  The Board shall, within 180 days after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent, approve a compliance and enforcement policy, send the approved policy to the Minister and make the policy public.

Amendments

   (5)  The Compliance and Enforcement Committee may recommend amendments to the policy at any time, but any such amendments must be approved by the Board before they are implemented.

Same

   (6)  The Board shall, upon making amendments to the compliance and enforcement policy or approving amendments recommended by the Compliance and Enforcement Committee, send the amendments to the Minister and make them public promptly.

Same

   (7)  For the purposes of subsections (4) and (6), the compliance and enforcement policy shall be available for public inspection during normal business hours in the office of the College and be posted on the College’s website or made available through a hyperlink at the College’s website.

Policy not a regulation

   (8)  The compliance and enforcement policy is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

   6.  (1)  Subsection 21 (2) of the Act is amended by striking out “and on classification of trades as compulsory trades or voluntary trades”.

   (2)  Subsection 21 (3) of the Act is repealed and the following substituted:

Decision final

   (3)  A decision of a review panel is final and binding.

Judicial review

   (3.1)  Nothing in subsection (3) prevents a court from reviewing a decision of a review panel, but a decision of a review panel concerning the interpretation of this Act shall not be overturned unless the decision is unreasonable.

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

Same

   (4.1)  A person may not be appointed to a review panel if the person is currently a member of a classification panel.

   7.  Section 24 of the Act is amended by striking out “section 63” at the end and substituting “section 63.1”.

   8.  The Act is amended by adding the following section:

Compliance and Enforcement Committee

   34.1  (1)  In addition to the committees named in subsection 30 (1), the Board shall establish a Compliance and Enforcement Committee to advise the Board on compliance and enforcement issues in respect of matters within the jurisdiction of the College.

Duties re policy

   (2)  The Compliance and Enforcement Committee shall, in addition to performing its duties under subsection (1),

  (a)  develop recommendations regarding the contents of the compliance and enforcement policy referred to in section 11.1;

  (b)  develop recommendations regarding amendments to the policy at any time the Committee determines is necessary; and

   (c)  review the policy and its implementation by the College as often as it considers necessary and, in any event, not less than annually.

Same

   (3)  The Board shall appoint the members of the Compliance and Enforcement Committee in accordance with the following:

    1.  One member shall be a person selected by the Minister to represent the ministry of the Minister.

    2.  One member shall be a person selected by the Minister to represent another ministry that has legislative authority relating to compliance and enforcement issues.

    3.  Four members shall be members of the governing structure of the College, one affiliated with each of the four sectors described in section 18. At least one such member shall not be a member of the Board.

    4.  Two members shall be persons appointed to represent the public and promote consumer protection.

    5.  One member shall be a deputy registrar of the College.

Chair

   (4)  The Board shall appoint one of the members described in paragraph 3 of subsection (3) who is a member of the Board as the chair of the Compliance and Enforcement Committee.

Non-application

   (5)  Sections 33 and 34 do not apply to the Compliance and Enforcement Committee.

   9.  Section 37 of the Act is amended by adding the following subsection:

No membership until new trade is classified

   (3.1)  Despite subsections (1), (2) and (3), no certificates of qualification or statements of membership may be issued in respect of a trade that is prescribed by a Minister’s regulation as a trade for the purposes of this Act on or after the day section 16 of Schedule 17 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force until the trade has been prescribed by a Minister’s regulation as a voluntary trade or a compulsory trade.

   10.  The English version of subsection 44 (9) of the Act is amended by striking out “its being filed” and substituting “it being filed”.

   11.  The Act is amended by adding the following Part:

PART VIII.1
Administrative Penalties

Notice of contravention

   59.1  (1)  If the Registrar or an inspector appointed under section 54 believes that a person has contravened section 2 or 4, the Registrar or inspector may issue a notice of contravention to the person setting out his or her belief and requiring the person to pay the administrative penalty prescribed by a Lieutenant Governor’s regulation for the contravention in question.

Purpose of administrative penalty

   (2)  The following are the purposes for which a person may be required to pay an administrative penalty under this section:

    1.  To encourage compliance with section 2 or 4.

    2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of section 2 or 4.

Factors

   (3)  Prior to issuing a notice of contravention, the Registrar or an inspector appointed under section 54 shall consider,

  (a) the scope of practice of every trade prescribed by a Minister’s regulation as a trade for the purposes of this Act that may be relevant;

  (b)  the compliance and enforcement policy referred to in section 11.1; and

   (c)  if the contravention involves an individual performing work or engaging in the practice of a compulsory trade, whether there is a risk of harm to that individual, to other workers or to the public.

Amount of administrative penalty

   (4)  The amount of an administrative penalty prescribed by a Lieutenant Governor’s regulation for a contravention shall reflect the purposes referred to in subsection (2).

One-year limitation

   (5)  A notice of contravention shall not be issued under this section more than one year after the contravention first came to the knowledge of the Registrar or inspector.

Content of notice of contravention

   (6)  The notice of contravention shall,

  (a)  contain or be accompanied by information setting out,

           (i)  the nature of the contravention, and

          (ii)  the date on which it occurred and the location;

  (b)  set out the amount of the penalty to be paid and specify the time and manner of the payment; and

   (c)  inform the person of his or her right to request a review of the notice by the Ontario Labour Relations Board and of the timelines to do so set out in subsection 59.2 (1).

If no review requested

   (7)  If a person who has received a notice of contravention does not apply for a review under subsection 59.2 (1), the person shall pay the penalty to the Minister of Finance within 30 days after the day the notice of contravention was served.

Review

   59.2  (1)  A person who receives a notice of contravention under section 59.1 may apply to the Ontario Labour Relations Board for a review of the notice of contravention in a form approved by the Ontario Labour Relations Board,

  (a)  within 15 days after receipt of the notice of contravention; or

  (b)  if the Ontario Labour Relations Board considers it appropriate in the circumstances to extend the time for applying, within the period specified by the Ontario Labour Relations Board.

If review requested

   (2)  If a person who has received a notice of contravention applies for a review under subsection (1), the Ontario Labour Relations Board shall conduct the review in accordance with any rules that may be made by the Chair of the Ontario Labour Relations Board under clause (3) (a) or subsection (4).

Ontario Labour Relations Board rules

   (3)  The Chair of the Ontario Labour Relations Board may make rules,

  (a)  governing the practices and procedures and the exercise of its powers applicable to a review of a notice of contravention; and

  (b)  requiring the use of forms approved by the Ontario Labour Relations Board.

Same

   (4)  Without limiting the generality of clause (3) (a), the Chair may make rules to expedite any proceeding under this section, and such rules may,

  (a)  provide that the Ontario Labour Relations Board is not required to hold a hearing;

  (b)  limit the extent to which the Ontario Labour Relations Board is required to give full opportunity to the parties to present their evidence and to make submissions; and

   (c)  authorize the Ontario Labour Relations Board to make or cause to be made such examination of records and such other inquiries as it considers necessary in the circumstances.

Conflict with the Statutory Powers Procedure Act

   (5)  Rules made under subsection (4) apply despite anything in the Statutory Powers Procedure Act.

Rules not regulations

   (6)  Rules made under subsection (3) or (4) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Parties to review

   (7)  The parties to a review of a notice of contravention are,

  (a)  the College;

  (b)  the person who received the notice of contravention; and

   (c)  such other persons as the Ontario Labour Relations Board may specify.

Powers of Ontario Labour Relations Board

   (8)  For the purposes of a review of a notice of contravention, the Ontario Labour Relations Board has power,

  (a)  to require any party to furnish particulars before or during a consultation or hearing;

  (b)  to require any party to produce documents or things that may be relevant to the review and to do so before or during a consultation or a hearing;

   (c)  to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce the documents and things that the Ontario Labour Relations Board considers requisite to the review in the same manner as a court of record in civil cases;

  (d)  to administer oaths and affirmations;

  (e)  to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not;

   (f)  to make interim orders concerning procedural matters on such terms as it considers appropriate; and

  (g)  to determine the form in which and the time as of which any party to the review must file or present any thing, document or information and to refuse to accept any thing, document or information that is not filed or presented in that form or by that time.

Mistakes in names of parties

   (9)  Where, in a review of a notice of contravention, the Ontario Labour Relations Board is satisfied that a mistake has been made in good faith with the result that the proper person has not been named as a party or has been incorrectly named, the Ontario Labour Relations Board may order the proper person to be substituted or added as a party to the review or to be correctly named on such terms as appear to the Ontario Labour Relations Board to be just.

Factors

   (10)  In conducting a review, the Ontario Labour Relations Board,

  (a)  shall consider,

           (i)  the scope of practice of every trade prescribed by a Minister’s regulation as a trade for the purposes of this Act that may be relevant,

          (ii)  the compliance and enforcement policy referred to in section 11.1,

         (iii)  if the contravention involves an individual performing work or engaging in the practice of a compulsory trade, whether there is a risk of harm to that individual, to other workers or to the public,

         (iv)  the objects of the College, as set out in subsection 11 (1); and

  (b)  may consider other factors it considers relevant, having regard to the public interest.

Ontario Labour Relations Board’s decision

   (11)  Upon a review, the Ontario Labour Relations Board may, as appropriate under this Act,

  (a)  resolve the notice of contravention in the manner consented to by the parties;

  (b)  rescind the notice of contravention;

   (c)  affirm the notice of contravention; or

  (d)  amend the notice of contravention by reducing the amount of the penalty if it is excessive in the circumstances.

Decision final

   (12)  A decision by the Ontario Labour Relations Board under this section is final and binding on the parties to the review.

Judicial review

   (13)  Nothing in subsection (12) prevents a court from reviewing a decision of the Ontario Labour Relations Board under this section, but a decision of the Ontario Labour Relations Board concerning the interpretation of this Act shall not be overturned unless the decision is unreasonable.

Payment after review

   (14)  If the Ontario Labour Relations Board affirms a notice of contravention or amends the notice by reducing the amount of the penalty, the person shall pay the penalty determined by the Ontario Labour Relations Board within 30 days after the day of the Ontario Labour Relations Board’s decision.

Payment to Minister of Finance

   (15)  A person who is required to pay a penalty under this section shall pay the penalty to the Minister of Finance.

Testimony in civil proceedings, etc.

   (16)  Except with the consent of the Ontario Labour Relations Board, no member of the Ontario Labour Relations Board, its registrar, its other officers or clerks or servants can be compelled to testify in a civil proceeding, in a proceeding before the Ontario Labour Relations Board or in a proceeding before any other tribunal respecting information obtained in the course of their duties under this Act.

Enforcement of administrative penalty

   59.3  (1)  If a person who is required to pay an administrative penalty fails to pay it within the time required under subsection 59.1 (7) or 59.2 (14), the notice of contravention or the Ontario Labour Relations Board’s decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.

Same

   (2)  Section 129 of the Courts of Justice Act applies in respect of a notice of contravention or decision filed with the Superior Court of Justice under subsection (1) of this section and, for the purpose, the date on which the notice of contravention or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

Crown debt

   59.4  An administrative penalty imposed under subsection 59.1 (1) or 59.2 (11) that is not paid within the time required under subsection 59.1 (7) or 59.2 (14) is a debt due to the Crown and enforceable as such.

Minister may authorize collector

   59.5  (1)  The Minister may authorize any person to act as a collector for the purposes of this section and sections 59.6 and 59.7 and to exercise the powers that the Minister specifies in the authorization to collect administrative penalties owing under this Act.

Costs of collection

   (2)  Despite clause 22 (a) of the Collection and Debt Settlement Services Act, the Minister may also authorize a collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect administrative penalties owing under this Act.

Same

   (3)  The Minister may impose conditions on an authorization under subsection (2) and may determine what constitutes a reasonable fee or reasonable disbursements for the purposes of that subsection.

Exception re disbursements

   (4)  The Minister shall not authorize a collector who is required to be registered under the Collection and Debt Settlement Services Act to collect disbursements.

Collector’s powers

   59.6  (1)  A collector may exercise any of the powers specified in an authorization of the Minister under section 59.5.

Fees and disbursements part of order

   (2)  If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized under subsection 59.5 (2) shall be deemed to be owing under and shall be deemed to be added to the amount of the penalty set out in the notice of contravention.

Distribution of money collected

   (3)  A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector’s fees and disbursements.

Settlement by collector

   59.7  (1)  A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of the Minister.

Payment

   (2)  The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out in accordance with subsection 59.6 (3).

Publication

   59.8  The College shall publish particulars of a notice of contravention issued under subsection 59.1 (1) in accordance with a Minister’s regulation.

   12.  The heading to Part IX of the Act is repealed and the following substituted:

Part IX
RATIOS

   13.  Section 61 of the Act is repealed.

   14.  (1)  Part XI of the Act is repealed and the following substituted:

Part XI
Appointments Council and Classification ROSTER

Appointments Council and Classification Roster

   63.  (1)  The College of Trades Appointments Council is continued under the name College of Trades Appointments Council and Classification Roster in English and Conseil des nominations et Registre du classement de l’Ordre des métiers in French.

Transition

   (2)  The chair and the members of the old Appointments Council who are in office on the day before the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent shall continue in office as the associate chair and members of the Appointments Council branch of the Appointments Council and Classification Roster until the expiry of their terms.

Same

   (3)  The Appointments Council and Classification Roster shall be composed of a chair appointed by the Lieutenant Governor in Council and the following two branches of the Appointments Council and Classification Roster:

    1.  The Appointments Council described in section 63.1.

    2.  The Classification Roster described in section 63.2.

Chair

   (4)  The chair of the Appointments Council and Classification Roster shall be responsible for the administration of the Appointments Council and Classification Roster.

Term of office

   (5)  The term of office of the chair shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years.

Multiple terms

   (6)  The chair may serve for more than one term.

Same

   (7)  The chair may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Appointments Council and Classification Roster.

Remuneration

   (8)  The chair shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.

Memorandum of understanding

   (9)  The Appointments Council and Classification Roster shall perform its functions under this Act in accordance with a memorandum of understanding to be entered into between the chair, on behalf of the Appointments Council and Classification Roster, and the Minister.

Administrative support

   (10)  The Minister shall provide the Appointments Council and Classification Roster with such administrative support as the Minister considers necessary for the purposes of the Appointments Council and Classification Roster.

Appointments Council

Composition

   63.1  (1)  The Appointments Council shall be composed of an associate chair and eight other members appointed by the Lieutenant Governor in Council.

Term of office

   (2)  The term of office of a member of the Appointments Council shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years.

Multiple terms

   (3)  A member of the Appointments Council may serve for more than one term.

Same

   (4)  A member of the Appointments Council may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Appointments Council.

Appointment to governing structure

   (5)  The following are not eligible to be appointed to the governing structure of the College:

    1.  A member of the Appointments Council.

    2.  A former member of the Appointments Council, unless at least one year has elapsed since he or she was a member of the Appointments Council.

    3.  A former member of the old Appointments Council, unless at least one year has elapsed since he or she was a member of the old Appointments Council.

Remuneration

   (6)  The associate chair and other members of the Appointments Council shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.

Quorum

   (7)  Five members of the Appointments Council constitute a quorum.

Vacancies in Appointments Council

   (8)  If one or more vacancies occur in the membership of the Appointments Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by subsection (7).

Duties

   (9)  The Appointments Council shall perform the duties set out in subsection (10) and such other duties as may be assigned to it by the Lieutenant Governor in Council.

Duty to make appointments

   (10)  The Appointments Council shall appoint,

  (a)  the members of the Board;

  (b)  the members of the divisional boards and trade boards; and

   (c)  the members of the roster of adjudicators.

Reflecting diversity

   (11)  When carrying out its functions under subsection (10), the Appointments Council shall take into account the importance of reflecting across the governing structure of the College,

  (a)  Ontario’s English and French linguistic duality;

  (b)  the diversity of Ontario’s population;

   (c)  gender balance;

  (d)  representation from unionized and non-unionized and from large, medium and small business environments; and

  (e)  the various geographic areas of Ontario named in a Board regulation.

Classification Roster

Composition

   63.2  (1)  The Classification Roster shall be composed of an associate chair and at least 10 other members appointed by the Lieutenant Governor in Council as follows:

    1.  The associate chair and at least six other members shall be appointed as representing the public.

    2.  At least four members shall be appointed from the roster of adjudicators.

Qualification

   (2)  An individual may not be appointed as a member under paragraph 1 of subsection (1) if he or she,

  (a)  is a member of the College;

  (b)  was a member of the College within the preceding year;

   (c)  works or engages in the practice of a voluntary trade;

  (d)  worked or was engaged in the practice of a voluntary trade within the preceding year;

  (e)  has or had an affiliation with a member of the College or with a compulsory trade or a voluntary trade that may bias their decisions;

   (f)  is or was a member of the governing structure of the College;

  (g)  is or was a member of the Appointments Council or the old Appointments Council; and

  (h)  satisfies any other condition prescribed by a Minister’s regulation.

Term of office

   (3)  The term of office of a member of the Classification Roster shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years.

Multiple terms

   (4)  A member of the Classification Roster may serve for more than one term.

Same

   (5)  A member of the Classification Roster may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Classification Roster.

Appointment to Board, etc.

   (6)  A member of the Classification Roster is not eligible to be appointed to the Board, a divisional board or a trade board, and a former member of the Classification Roster is not eligible to be appointed to the Board, a divisional board or a trade board, unless at least one year has elapsed since he or she was a member of the Classification Roster.

Remuneration

   (7)  The associate chair and the other members of the Classification Roster shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.

Duties

   (8)  The associate chair of the Classification Roster shall,

  (a)  appoint members of classification panels from among the other members of the Classification Roster; and

  (b)  ensure that such other duties as may be assigned to the Classification Roster by the Lieutenant Governor in Council are performed and for this purpose may select members of the Classification Roster, including himself or herself, to perform assigned duties.

Classification panels

   (9)  A classification panel shall determine such matters as are specified in section 63.6.

   (2)  Subsection 63 (2) of the Act, as re-enacted by subsection (1), is repealed.

   (3)  Paragraph 3 of subsection 63.1 (5) of the Act, as enacted by subsection (1), is repealed.

   15.  The Act is amended by adding the following Part:

PART XI.1
SCOPES OF PRACTICE AND COMPULSORY AND VOLUNTARY TRADES

Scope of practice

   63.3  (1)  The Board shall prescribe a scope of practice for every trade prescribed by a Minister’s regulation as a trade for the purposes of this Act.

Same

   (2)  A particular practice may be included in more than one trade’s scope of practice.

Apprenticeship program

   (3)  An apprenticeship program established by the College for a trade shall correspond to the scope of practice for that trade.

Policy

   (4)  The Board shall develop a policy regarding the establishment and review of scopes of practice for trades.

Process, etc.

   (5)  The policy referred to in subsection (4) shall include,

  (a)  a process for the establishment and review of scopes of practice; and

  (b)  provisions relating to building consensus among relevant divisional boards and trade boards in establishing and reviewing scopes of practice.

Available to public

   (6)  The policy referred to in subsection (4) shall be available for public inspection during normal business hours in the office of the College and be posted on the College’s website or made available through a hyperlink at the College’s website.

Policy not a regulation

   (7)  A policy referred to in subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Factors

   (8)  When establishing or reviewing the scope of practice for a trade, the Board shall adhere to the policy referred to in subsection (4) and shall consider,

  (a)  the scope of practice of the trade, if any, and other relevant scopes of practice;

  (b)  the advice of the relevant divisional boards and trade boards;

   (c)  the extent to which the scopes of practice of one or more trades overlap and the nature of the overlap;

  (d)  any exemptions from this Act that are prescribed; and

  (e)  any other matter that the Board considers relevant.

   16.  The Act is amended by adding the following sections to Part XI.1:

Classification of a new trade as compulsory or voluntary

Board shall prescribe scope

   63.4  (1)  For any trade that is prescribed by a Minister’s regulation as a trade for the purposes of this Act on or after the day section 16 of Schedule 17 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force, the Board shall, by a Board regulation, prescribe the scope of practice for the trade within the period, if any, prescribed by a Minister’s regulation.

Board submissions

   (2)  At the time the Board submits a regulation prescribing the scope of practice for a trade to the Minister for his or her review, the Board may also provide written submissions setting out the Board’s opinion as to whether the trade should be prescribed as a voluntary trade or referred to the Classification Roster for determination of the matters set out in paragraphs 1 and 3 of subsection 63.6 (3).

Minister shall prescribe as voluntary or refer to Classification Roster

   (3)  Once a Board regulation prescribing the scope of practice for a trade has been made, the Minister shall, after considering any submissions provided by the Board under subsection (2),

  (a)  make a regulation classifying the trade as a voluntary trade; or

  (b)  refer the trade to the Classification Roster for the purpose of determining the matters set out in paragraphs 1 and 3 of subsection 63.6 (3).

Other referrals to Roster

Board may refer

   63.5  (1)  The Board may refer a trade to the Classification Roster for the purpose of determining the matters set out in paragraphs 2 and 3 of subsection 63.6 (3).

Board shall refer

   (2)  The Board shall refer a trade to the Classification Roster for the purpose of determining the matter set out in paragraph 3 of subsection 63.6 (3) if the trade is a compulsory trade and,

  (a)  a Minister’s regulation referred to in subsection 63.6 (9) has been made providing that one or more practices within the scope of practice of the compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4; and

  (b)  after the Minister’s regulation referred to in clause (a) was made, the Board amends the scope of practice of the trade and is of the opinion that any of the new practices should constitute engaging in the practice of the trade for the purposes of sections 2 and 4.

Regulation re referral process

   (3)  The referral of a trade to the Classification Roster under subsection (1) or (2) shall be in accordance with the process prescribed by a Board regulation, and the Board may not make such a referral until the regulation has been made.

Process before Classification Roster

Appointment of panel

   63.6  (1)  Once a trade has been referred to the Classification Roster under section 63.4 or 63.5, the associate chair of the Classification Roster shall appoint a classification panel composed of five members in accordance with the following:

    1.  Three appointees shall be members described in paragraph 1 of subsection 63.2 (1). One such appointee who has adjudication expertise or experience shall be appointed as the chair of the panel.

    2.  One appointee shall be a member described in paragraph 2 of subsection 63.2 (1) who is an employer representative. The appointee shall not be affiliated with the specific trade to which the matter relates but shall, unless it is impracticable, be affiliated with the particular sector described in section 18 to which the trade belongs.

    3.  One appointee shall be a member described in paragraph 2 of subsection 63.2 (1) who is an employee representative. The appointee shall not be affiliated with the specific trade to which the matter relates but shall, unless it is impracticable, be affiliated with the particular sector described in section 18 to which the trade belongs.

Same

   (2)  The associate chair of the Classification Roster may not be a member of a classification panel and may not appoint a member to a classification panel who,

  (a)  in the associate chair’s opinion, could have a real or perceived interest in the determination of the classification panel; or

  (b)  is currently a member of a review panel.

Determinations

   (3)  The classification panel shall determine the following matters, as applicable:

    1.  Whether a trade referred to it under section 63.4 should be classified as a voluntary trade or a compulsory trade.

    2.  Whether a compulsory trade referred to it under section 63.5 should be reclassified as a voluntary trade, or vice versa.

    3.  Whether or not engaging in any practices within the scope of practice of a compulsory trade, whether or not the practice was referred to the classification panel, should constitute engaging in the practice of the trade for the purposes of sections 2 and 4.

Application of subss. (5) to (9); determination — change

   (4)  Subsections (5) to (9) apply when the classification panel determines under subsection (3) that,

  (a)  a trade should be classified as a voluntary trade or a compulsory trade;

  (b)  a compulsory trade should be reclassified as a voluntary trade, or vice versa;

   (c)  one or more practices within the scope of practice of a compulsory trade should constitute engaging in the practice of the trade for the purposes of sections 2 and 4 and these practices are not currently prescribed as such by a Minister’s regulation referred to in subsection (9); or

  (d)  one or more practices within the scope of practice of a compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4, as prescribed by a Minister’s regulation referred to in subsection (9), and should no longer be considered as such.

Effective date

   (5)  The classification panel shall recommend an effective date for the panel’s determination, which is the date on which it recommends that its determination under subsection (3) should take effect, and the Minister may accept this date or set out a different date in a regulation referred to in subsection (9).

Period of repose and transitional issues

   (6)  The classification panel shall also,

  (a)  determine whether there should be a period of repose of up to four years, which shall be the minimum period of time that must elapse following the effective date of the panel’s determination of the matter, as set out in a Minister’s regulation, before which the Board may refer the matter again to the Classification Roster; and

  (b)  determine any transitional issues related to a determination under subsection (3) that are prescribed by a Minister’s regulation.

Implementation period

   (7)  In addition to the restriction on referral during any period of repose under clause (6) (a), the Board shall not refer the matter determined by the classification panel again to the Classification Roster during the period between the date of the panel’s determination and the effective date set out in a Minister’s regulation.

Report

   (8)  The classification panel shall report to the Minister on its determinations under subsections (3) and (6) and on its recommendation under subsection (5).

Minister’s regulation

   (9)  After the Minister receives the report from the classification panel, the Minister shall make a regulation,

  (a)  implementing the panel’s determinations under subsection (3), the panel’s determination of a period of repose under clause (6) (a), if any, and the panel’s determination of transitional issues under clause (6) (b), if any; and

  (b)  setting out the effective date for any determination under subsection (3).

Application of subss. (11) to (13); determination — no change

   (10)  Subsections (11) to (13) apply when the classification panel determines under subsection (3) that,

  (a)  a compulsory trade should not be reclassified as a voluntary trade, or vice versa; or

  (b)  no change is needed to the current determination of which practices within the scope of practice of a compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4, as prescribed by a Minister’s regulation referred to in subsection (9).

Period of repose

   (11)  The classification panel shall also determine whether there should be a period of repose of up to four years, which shall be the minimum period of time that must elapse following the date of the panel’s determination of the matter before which the Board may refer the matter again to the Classification Roster.

Report

   (12)  The classification panel shall report to the Minister on its determinations under subsections (3) and (11).

Minister’s regulation

   (13)  After the Minister receives the report from the classification panel, the Minister shall, if the panel determines that there should be a period of repose under subsection (11), make a regulation implementing that determination.

Minister’s regulation re criteria and process

   (14)  The classification panel may not begin making any determinations under subsection (3) until a Minister’s regulation has been made prescribing the criteria and the process to be used by classification panels in making such determinations.

Risk of harm

   (15)  In addition to considering any criteria prescribed under subsection (14), a classification panel making a determination under subsection (3) shall consider whether there is a risk of harm to the individual performing the work or engaging in the practice of the trade, to other workers or to the public.

   17.  (1)  Subsection 65 (2) of the Act is repealed and the following substituted:

Conditions for registration

   (2)  An agreement shall not be registered unless,

  (a)  the individual who is to receive the training is at least 16 years of age;

  (b)  the individual who is to receive the training has successfully completed any academic standard prescribed for the trade by a Board regulation; and

   (c)  the trade has been prescribed by a Minister’s regulation as a voluntary trade or a compulsory trade.

   (2)  Clause 65 (4) (a) of the Act is amended by striking out “on the day that is one month after the date of registration” at the beginning and substituting “on the 90th day after the date of registration or, if a date is prescribed, on the prescribed date”.

   18.  (1)  Paragraph 2 of subsection 72 (1) of the Act is amended by striking out “63 (10) (e)” at the end and substituting “63.1 (11) (e)”.

   (2)  Paragraph 9 of subsection 72 (1) of the Act is amended by striking out “providing that the Board or a committee of the Board” at the beginning and substituting “providing that the Board, a committee of the Board or the Registrar”.

   (3)  Paragraph 21 of subsection 72 (1) of the Act is repealed and the following substituted:

  21.  governing reviews under section 60, including, without limiting the foregoing, respecting the determination of journeyperson to apprentice ratios and prescribing the criteria and the process to be used in determining the appropriate journeyperson to apprentice ratio for a trade;

   (4)  Subsection 72 (1) of the Act is amended by adding the following paragraph:

21.1 prescribing academic standards for a trade for the purposes of clause 65 (2) (b);

   (5)  Subsection 72 (1) of the Act is amended by adding the following paragraph:

21.0.1 prescribing the process for referring a trade to the Classification Roster under subsection 63.5 (1) or (2);

   (6)  Subsection 72 (1) of the Act is amended by adding the following paragraph:

23.1 providing that journeyperson candidates may be deemed to be apprentices for the purposes of sections 60 and 68;

   19.  (1)  Paragraph 12 of subsection 73 (1) of the Act is amended by adding “and section 34.1” after “subsection 30 (1)” in the portion before subparagraph i.

   (2)  The French version of paragraph 21 of subsection 73 (1) of the Act is amended by striking out “formules” and substituting “formulaires”.

   20.  (1)  Subsection 74 (1) of the Act is amended by adding the following clause:

(d.1) governing the amount of an administrative penalty, including,

           (i)  providing that the amount of a penalty prescribed for a contravention is increased by a prescribed amount for each subsequent contravention that occurs within a prescribed period,

          (ii)  providing for penalties in the form of lump sum amounts and of daily amounts, the circumstances in which either or both types of amounts may be required and, in the case of a daily amount, the maximum number of days for which a daily amount may be imposed, and

         (iii)  providing for a maximum amount of a penalty;

   (2)  Subsection 74 (2) of the Act is amended by striking out “and the date as of which that Act applies to them” at the end.

   (3)  Subsection 74 (3) of the Act is amended by adding the following clause:

(b.1) governing administrative penalties for the purposes of section 59.1 and all matters necessary and incidental to the administration of a system of administrative penalties under this Act, other than the amount of a penalty;

   (4)  Subsection 74 (3) of the Act is amended by adding the following clauses:

(b.2) extending the period referred to in subsection 60 (4) within which the Board shall cause a review to be made of each journeyperson to apprentice ratio that has been prescribed;

(b.3) prescribing conditions for the purposes of clause 63.2 (2) (h);

(b.4) prescribing timelines within which the Board shall make a Board regulation prescribing the scope of practice for a trade;

   (5)  Subsection 74 (3) of the Act is amended by adding the following clauses:

(b.5) classifying a trade as a voluntary trade under clause 63.4 (3) (a);

(b.6) prescribing the criteria and the process to be used by classification panels in making determinations under subsection 63.6 (3), (6) or (11);

(b.7) prescribing transitional issues related to a determination under subsection 63.6 (3) that a classification panel shall determine under clause 63.6 (6) (b);

(b.8) implementing any determinations made by a classification panel under subsection 63.6 (3) respecting,

           (i)  the classification of a trade as a voluntary trade or a compulsory trade,

          (ii)  the reclassification of a compulsory trade as a voluntary trade, or vice versa, and

         (iii)  whether engaging in certain practices within the scope of practice of a compulsory trade should constitute engaging in the practice of the trade for the purposes of sections 2 and 4;

(b.9) implementing any determinations made by a classification panel under clause 63.6 (6) (a) or subsection 63.6 (11) respecting the period of repose, if any, that should apply in respect of a matter determined by the panel under subsection 63.6 (3);

(b.10)  implementing any determinations of transitional issues made by a classification panel under clause 63.6 (6) (b);

(b.11)  setting out an effective date as the date on which a determination made by a classification panel under subsection 63.6 (3) shall take effect;

(b.12)  providing for continuity of classification panels where, before a matter that is before a classification panel is concluded, a member of the panel resigns or is unable or unwilling to continue to serve on the panel, or the appointment of a member expires or is terminated;

   (6)  Clause 74 (3) (e) of the Act is amended by adding “and prescribing a date, for the purposes of clause 65 (4) (a), on which a registered training agreement is cancelled” at the end.

   (7)  Clause 74 (3) (i) of the Act is amended by adding “or amendments to this Act” at the end.

   21.  Subsection 78 (2) of the Act is amended by striking out “a member of the Appointments Council, the Board” and substituting “the chair of or members of either branch of the Appointments Council and Classification Roster, a member of the Board”.

   22.  Section 87 of the Act is repealed and the following substituted:

Review by Minister

   87.  (1)  The Minister shall initiate a review of this Act and the regulations made under it, or portions of the Act and regulations, within two years after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

Same

   (2)  The Minister shall,

  (a)  inform the public when a review under this section begins; and

  (b)  make a written report respecting the review available to the public.

   23.  The Act is amended by adding the following sections after the heading to Part XV:

Classification review panels

   87.1  Any review by a review panel on the classification of a trade as a compulsory trade or a voluntary trade that has not been concluded before the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent shall terminate on that day.

Classification

   87.2  Every trade that was classified as compulsory or voluntary under the Act, as it read immediately before the Building Ontario Up for Everyone Act (Budget Measures), 2016 received Royal Assent, shall be deemed to be prescribed by a Minister’s regulation as a compulsory trade or voluntary trade, as the case may be, until such time as it may be reclassified under section 63.6.

   24.  The following provisions of the Act are repealed:

    1.  Section 88.

    2.  Subsections 90 (2), (3) and (4).

    3.  Sections 91, 92 and 93.

    4.  Section 95.

    5.  Section 102.

   25.  The definitions of “apprentice” and “registered training agreement” in subsection 9 (1) of the Infrastructure for Jobs and Prosperity Act, 2015 are repealed and the following substituted:

“apprentice” means an individual who, under the Ontario College of Trades and Apprenticeship Act, 2009, has entered into a registered training agreement under which the individual is receiving or is to receive training in a trade required as part of an apprenticeship program established by the Ontario College of Trades; (“apprenti”)

“registered training agreement” means an agreement registered under section 65 of the Ontario College of Trades and Apprenticeship Act, 2009 under which an individual is receiving or is to receive training in a trade required as part of an apprenticeship program established by the Ontario College of Trades; (“contrat d’apprentissage enregistré”)

   26.  Ontario Regulation 279/11 is revoked.

   27.  Schedule 70.4 to Regulation 950 of the Revised Regulations of Ontario, 1990 (Proceedings Commenced by Certificate of Offence) made under the Provincial Offences Act is revoked.

Commencement

   28.  (1)  Subject to subsections (2) to (6), this Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

   (2)  Section 3 comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

   (3)  Subsection 14 (2) comes into force three years after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

   (4)  Subsection 14 (3) comes into force one year after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

   (5)  Subsection 1 (3), section 2, subsection 6 (3), sections 11 and 16 and subsections 17 (1), 18 (4), (5), 20 (1), (3) and (5) come into force on a day to be named by proclamation of the Lieutenant Governor.

   (6)  Section 27 comes into force 180 days after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

 

 

SCHEDULE 18
ONTARIO RETIREMENT PENSION PLAN Legislation REPEAL ACT, 2016

Dissolution of Corporation, transfer of assets and liabilities

   1.  The Ontario Retirement Pension Plan Administration Corporation is dissolved and all its assets and liabilities are hereby transferred to and vested in the Crown in right of Ontario.

Immunity

   2.  No action or other proceeding shall be commenced against a former director, officer or employee of the Ontario Retirement Pension Plan Administration Corporation for any act or omission done in good faith in the performance or intended performance of any duty or exercise or intended exercise of any power under the Ontario Retirement Pension Plan Administration Corporation Act, 2015.

Ontario Retirement Pension Plan Act, 2015

   3.  The Ontario Retirement Pension Plan Act, 2015 is repealed.

Ontario Retirement Pension Plan Administration Corporation Act, 2015

   4.  The Ontario Retirement Pension Plan Administration Corporation Act, 2015 is repealed.

Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016

   5.  The Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 is repealed.

Broader Public Sector Executive Compensation Act, 2014

   6.  Paragraph 5 of subsection 3 (2) of the Broader Public Sector Executive Compensation Act, 2014 is repealed.

Financial Administration Act

   7.  Paragraph 1 of subsection 1 (6) of the Financial Administration Act is repealed.

Freedom of Information and Protection of Privacy Act

   8.  Subsection 65.3 (1) of the Freedom of Information and Protection of Privacy Act is repealed.

Public Sector Expenses Review Act, 2009

   9.  Subsection 11 (1) of the Public Sector Expenses Review Act, 2009 is repealed.

Public Sector Salary Disclosure Act, 1996

   10.  Section 2.1 of the Public Sector Salary Disclosure Act, 1996 is repealed.

Commencement

   11.  The Act set out in this Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

Short title

   12.  The short title of the Act set out in this Schedule is the Ontario Retirement Pension Plan Legislation Repeal Act, 2016.

SCHEDULE 19
pension benefits act

   1.  (1)  Subsection 1.1 (4) of the Pension Benefits Act is amended by striking out “subsection 42 (1)” and substituting “section 42”.

   (2)  Paragraph 1 of subsection 1.1 (4) of the Act, as re-enacted by section 1 of Schedule 34 to the Building Ontario Up Act (Budget Measures), 2015, is amended by striking out “deferred pension under subsection 42 (1)” and substituting “pension or deferred pension under section 42”.

   2.  Section 42 of the Act is amended by adding the following subsection:

Retired members

   (12)  This section applies, with necessary modifications, to a retired member who is entitled to begin to receive a pension from the pension fund by virtue of having reached the normal retirement date under the pension plan but who has not yet elected to receive the pension, if the pension plan so permits.

   3.  The Act is amended by adding the following section:

Superintendent approval to purchase annuities

   73.1  (1)  An administrator appointed by the Superintendent under this Act for a pension plan shall not purchase life annuities for the purpose of distributing the assets of the pension plan in connection with the wind up of the plan before receiving the Superintendent’s approval.

Same

   (2)  Subject to subsection (3), the Superintendent may defer the giving of approval in respect of the purchase of some or all of the life annuities if the Superintendent is of the opinion, on reasonable and probable grounds, that the purchase would adversely affect the financial position of the Guarantee Fund.

Same

   (3)  The Superintendent shall approve the purchase within the prescribed period after approving the wind up report in respect of the pension plan under section 70.

   4.  Section 75 of the Act is amended by adding the following subsections:

Prescribed exemptions

   (5)  The Lieutenant Governor in Council may make regulations exempting an employer or a successor employer from this section in whole or in part in respect of a pension plan, in accordance with such restrictions as may be prescribed, if the following conditions are met:

    1.  As a result of an application under the Companies’ Creditors Arrangement Act (Canada), a court made an order on or before December 31, 2015 staying all proceedings taken against the employer.

    2.  The employer, the successor employer, if any, and the parties specified by regulation have entered into an agreement related to the employer’s liability under this section and the liability of the successor employer, if any, and the Superintendent has approved the agreement in accordance with subsection (6).

Superintendent’s approval of agreement

   (6)  The Superintendent may approve the agreement if,

  (a)  after consulting with members, former members, retired members and other persons entitled to benefits under the pension plan, the Superintendent has taken into account their interests; and

  (b)  the agreement satisfies such conditions or restrictions as may be prescribed.

Decision to approve, etc.

   (7)  A decision by the Superintendent under this section to approve or not to approve an agreement is final and is not subject to a hearing or an appeal.

Interpretation, “successor employer”

   (8)  For the purposes of subsection (5),

“successor employer” means the person who acquires the business of an employer who is required to make contributions under a pension plan, if the person assumes some or all of the employer’s obligations and rights under the pension plan in connection with the acquired business.

   5.  The Act is amended by adding the following sections:

Administrative Penalties

Definition

   108.1  (1)  For the purposes of sections 108.2 to 108.4,

“requirement established under this Act” means,

  (a)  a requirement imposed by a provision of this Act that is prescribed for the purpose of section 108.2 or 108.3 or by a provision of a regulation that is prescribed for the purpose of either of those sections,

  (b)  a requirement imposed by order, or

   (c)  an obligation assumed by way of undertaking.

Purposes

   (2)  An administrative penalty may be imposed under section 108.2 or 108.3 for either of the following purposes:

    1.  To promote compliance with the requirements established under this Act.

    2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening or failing to comply with a requirement established under this Act.

Same

   (3)  An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this Act.

No payment from pension fund

   (4)  No person shall pay an administrative penalty imposed under section 108.2 or 108.3 out of a pension fund.

General administrative penalties

   108.2  (1)  If the Superintendent is satisfied that a person is contravening or not complying with or has contravened or failed to comply with any of the following, the Superintendent may, by order, impose an administrative penalty on the person in accordance with this section and the regulations:

    1.  A provision of this Act or the regulations as may be prescribed.

    2.  A requirement or obligation described in clause (b) or (c) of the definition of “requirement established under this Act” in subsection 108.1 (1).

Notice of intended decision to impose a penalty

   (2)  If the Superintendent intends to impose an administrative penalty under this section, the Superintendent shall give written notice of the intended decision to the person, including the details of the contravention or failure to comply, the amount of the penalty and the payment requirements; the Superintendent shall also inform the person that the person may request a hearing by the Tribunal about the intended decision and shall advise the person about the process for requesting a hearing.

Combined notices of intended decision

   (3)  A notice of the intended decision to impose an administrative penalty under this section may be combined with a notice of the intended decision authorized by any other section.

Limitation

   (4)  The Superintendent shall not give notice of the intended decision more than five years after the date when the contravention or failure to comply occurred or is alleged to have occurred.

Hearing requested

   (5)  If the person requests a hearing in writing within 15 days after the notice under subsection (2) is given, the Tribunal shall hold a hearing.

Order

   (6)  Subject to the regulations, the Tribunal may, by order, direct the Superintendent to make the intended decision indicated in the notice, with or without changes, or substitute its opinion for that of the Superintendent.

Hearing not requested

   (7)  If the person does not request a hearing or does not make the request in accordance with subsection (5), the Superintendent may make the intended decision indicated in the notice.

Effect of paying penalty

   (8)  If the person pays the administrative penalty in accordance with the terms of the order or, if the order is varied, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention or failure to comply.

Summary administrative penalties

   108.3  (1)  If the Superintendent is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a provision of this Act or the regulations as may be prescribed, the Superintendent may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.

Same

   (2)  Before imposing a penalty, the Superintendent shall give the person a reasonable opportunity to make written submissions.

Limitation

   (3)  The Superintendent shall not make an order under this section more than five years after the date when the contravention or failure to comply occurred or is alleged to have occurred.

Appeal

   (4)  The person may appeal the Superintendent’s order to the Tribunal in writing within 15 days after the order in subsection (1) is given to the person.

Same

   (5)  An appeal commenced in accordance with subsection (4) operates as a stay of the order until the matter is finally disposed of.

Same

   (6)  The Tribunal may confirm, revoke or vary the order within the limits, if any, established by the regulations.

Effect of paying penalty

   (7)  If the person pays the administrative penalty in accordance with the terms of the order or, if the order is varied, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention or failure to comply.

Maximum administrative penalties

   108.4  An administrative penalty imposed under section 108.2 or 108.3 shall not exceed the following amounts:

    1.  For a contravention or failure to comply by a person, other than an individual, $25,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

    2.  For a contravention or failure to comply by an individual, $10,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

Enforcement of administrative penalties

   108.5  (1)  If a person fails to pay an administrative penalty imposed under section 108.2 or 108.3 in accordance with the terms of the order imposing the penalty, the Superintendent may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court.

Same

   (2)  For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order.

Same

   (3)  An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such.

   6.  (1)  Subsection 115 (1) of the Act is amended by adding the following clause:

(d.1) respecting the timing and manner of allocating amounts from the Guarantee Fund and of paying those amounts to pension plans, including providing that the Superintendent may determine the timing and manner of allocating and paying those amounts;

   (2)  Subsection 115 (1) of the Act is amended by adding the following clause:

(z.3) governing the administrative penalties that may be imposed under section 108.2 or 108.3.

   (3)  Section 115 of the Act is amended by adding the following subsection:

Administrative penalties

   (1.1)  Without limiting the generality of clause (1) (z.3), a regulation governing administrative penalties may,

  (a)  prescribe criteria the Superintendent is required or permitted to consider when imposing a penalty under section 108.2 or 108.3;

  (b)  prescribe the amount of a penalty, or the method for calculating the amount of a penalty, and prescribe different penalties or ranges of penalties for different types of contraventions or failures to comply and for different classes of persons;

   (c)  authorize the Superintendent to determine the amount of a penalty, if the amount of the penalty or the method for calculating the amount of the penalty is not prescribed, and prescribe criteria the Superintendent is required or permitted to consider when determining this;

  (d)  authorize a penalty to be imposed for each day or part of a day on which a contravention or failure to comply continues;

  (e)  authorize higher penalties (not to exceed the maximum penalty established under section 108.4 or prescribed for the purposes of that section) for a second or subsequent contravention or failure to comply by a person;

   (f)  govern the manner of paying the penalties;

  (g)  require that a penalty be paid before a specified deadline or before a deadline specified by the Superintendent;

  (h)  authorize the imposition of late payment fees respecting penalties that are not paid before the deadline, including graduated late payment fees;

    (i)  establish a maximum cumulative penalty payable in respect of a contravention or failure to comply or in respect of contraventions or failures to comply during a specified period.

Commencement

   7.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

   (2)  Subsection 1 (2) comes into force on the later of the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent and the day section 1 of Schedule 34 to the Building Ontario Up Act (Budget Measures), 2015 comes into force.

   (3)  Sections 2, 3, 5 and 6 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 20
PROVINCIAL LAND TAX ACT, 2006

   1.  Clause 25 (1) (g) of the Provincial Land Tax Act, 2006 is repealed and the following substituted:

  (g)  providing for tax rebates in whole or in part to owners of property that have vacant portions, other than property in the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class, and prescribing the circumstances in which the tax rebate is available and any conditions that must be satisfied;

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 21
REGISTERED INSURANCE BROKERS ACT

   1.  (1)  The definition of “Minister” in section 1 of the Registered Insurance Brokers Act is repealed and the following substituted:

“Minister” means the Minister of Finance or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

   (2)  The French version of the definition of “applicant” in section 1 of the Act is amended by striking out “société en nom collectif” and substituting “société de personnes”.

   (3)  The French version of the definition of “member” in section 1 of the Act is amended by striking out “société en nom collectif” and substituting “société de personnes”.

   (4)  The French version of the definition of “person” in section 1 of the Act is amended by striking out “société en nom collectif” and substituting “société de personnes”.

   2.  The French version of clause 2 (2) (d) of the Act is amended by striking out “sociétés en nom collectif” and substituting “sociétés de personnes”.

   3.  Subsection 29 (1) of the Act is amended by striking out “prepaid first class mail” and substituting “mail”.

   4.  The French version of subsection 34 (1) of the Act is amended by striking out “membre d’une société en nom collectif” and substituting “associé d’une société de personnes”.

Commencement

   5.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 22
RETAIL SALES TAX ACT

   1.  Section 4.2 of the Retail Sales Tax Act  is amended by adding the following subsections:

Minister approved industry standard publications

   (3.1)  A regulation prescribing the manner for determining the average wholesale price of a specified vehicle may require that the price be determined by reference to an industry standard publication approved by the Minister.

Names of approved publications available

   (3.2)  The name of any industry standard publication approved by the Minister shall be made available to the public on a government website and in any other manner that the Minister considers appropriate, and shall remain available to the public.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 23
SECURITIES ACT

   1.  (1)  Subsection 127 (5) of the Securities Act is amended by striking out “paragraph 1, 2 or 3” and substituting “paragraph 1, 2, 2.1 or 3”.

   (2)  Subsection 127 (8) of the Act is amended by striking out “paragraph 2” and substituting “paragraph 2 or 2.1”.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

SCHEDULE 24
SUPPLEMENTARY INTERIM APPROPRIATION FOR 2016-2017 ACT, 2016

Interpretation

   1.  Expressions used in this Act have the same meaning as in the Financial Administration Act unless the context requires otherwise.

Additional amounts to be paid or recognized

   2.  All amounts authorized under section 3 to be paid out of the Consolidated Revenue Fund or recognized as non-cash expenses are in addition to the amounts authorized to be paid out of the Consolidated Revenue Fund or recognized as non-cash expenses under section 2 of the Interim Appropriation for 2016-2017 Act, 2015.

Expenses of the public service

   3.  Pending the voting of supply for the fiscal year ending on March 31, 2017, amounts not exceeding a total of $2,482,457,600 may be paid out of the Consolidated Revenue Fund or recognized as non-cash expenses to be applied to the expenses of the public service that are not otherwise provided for.

Charge to proper appropriation

   4.  All expenditures made or recognized under this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2017.

Commencement

   5.  The Act set out in this Schedule is deemed to have come into force on April 1, 2016.

Short title

   6.  The short title of the Act set out in this Schedule is the Supplementary Interim Appropriation for 2016-2017 Act, 2016.

SCHEDULE 25
Taxation Act, 2007

   1.  Clause 7.1 (3) (b) of the Taxation Act, 2007 is repealed and the following substituted:

  (b)  “the highest individual percentage” in subparagraph (i) in the description of A were read as a reference to “the top marginal tax rate”; and

   2.  (1)  Subsection 9 (14) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Tax credit for unused tuition and education tax credits

   (14)  An individual is entitled to a tax credit for the year in respect of unused tuition and education tax credits equal to the lesser of,

.     .     .     .     .

   (2)  Subsection 9 (14.1) of the Act is repealed and the following substituted:

Same, taxation years ending after 2017

   (14.1)  Despite subsection (14), if an individual was resident in a province other than Ontario on December 31, 2017, the amount of the individual’s tax credit for a taxation year that ends after December 31, 2017 in respect of unused tuition and education tax credits is nil.

   (3)  Subsection 9 (16) of the Act is amended by striking out the portion before the formula and substituting the following:

Education tax credit

   (16)  If an individual is a qualifying student, as defined in subsection 118.6 (1) of the Federal Act, in respect of a month in a taxation year that ends before January 1, 2018, the individual is entitled to an education tax credit for the year calculated using the formula,

.     .     .     .     .

   3.  Section 93 of the Act is amended by adding the following subsection:

Time for application

   (8.1)  No amount may be claimed under this section in respect of an eligible product unless an application for certification under subsection (8) is made in respect of the eligible product on or before the later of,

  (a)  the day that is 18 months after the end of the taxation year of the corporation in which the development of the eligible product is completed; and

  (b)  the day that is six months after November 14, 2016.

   4.  Subsection 93.1 (7) of the Act is amended by striking out “Subsections 93 (8) to (13)” at the beginning and substituting “Subsections 93 (8) and (9) to (13)”.

   5.  (1)  The definition of “Canada child tax benefit” in subsection 104 (1) of the Act is repealed.

   (2)  Subsection 104 (1) of the Act is amended by adding the following definition:

“Canada child benefit” means the Canada child benefit under Subdivision A.1 of Division E of Part I of the Federal Act; (“allocation canadienne pour enfants”)

   (3)  Subsection 104 (4) of the Act is amended by striking out “or the Income Tax Act” in the portion before paragraph 1.

   (4)  Paragraph 1 of subsection 104 (4) of the Act is amended by striking out “Canada child tax benefit” and substituting “Canada child benefit”.

Commencement

   6.  (1)  Subject to subsections (2) to (4), this Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

   (2)  Section 1 is deemed to have come into force on January 1, 2016.

   (3)  Section 2 comes into force on January 1, 2017.

   (4)  Section 5 is deemed to have come into force on July 1, 2016.

SCHEDULE 26
TOBACCO TAX ACT

   1.  (1)  Subsection 2.2 (11) of the Tobacco Tax Act is amended by striking out “a registration certificate issued under this section” and substituting “a registration certificate issued under this section or a registration certificate issued under section 7”.

   (2)  Subsection 2.2 (12) of the Act is amended by striking out “who holds a registration certificate issued under this section” in the portion before paragraph 1 and substituting “who holds a registration certificate issued under this section or a registration certificate issued under section 7”.

   (3)  Subsection 2.2 (13) of the Act is amended by striking out “who holds a registration certificate issued under this section” in the portion before paragraph 1 and substituting “who holds a registration certificate issued under this section or a registration certificate issued under section 7”.

   (4)  Subsection 2.2 (19) of the Act is repealed and the following substituted:

Offence, subss. (14) and (14.1)

   (19)  Every person who fails to provide information as required under subsection (14) or (14.1) is guilty of an offence and, on conviction, is liable to the following penalties:

    1.  A fine of not less than $10,000 and not more than $1,000,000, plus an additional fine of not less than $25 for every kilogram of raw leaf tobacco for which information was not provided as required under subsection (14) or (14.1).

    2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco for which the information was not provided as required under subsection (14) or (14.1) exceeds 3,200 kilograms or if it is not the person’s first conviction under this section.

   2.  (1)  Subsection 2.3 (13) of the Act is repealed and the following substituted:

Offences

   (13)  Every person who contravenes subsection (1), (2), (3), (4), (5), (6), (7), (8), (9) or (10) is guilty of an offence and on conviction is liable to,

  (a)  a fine of not less than $10,000 and not more than $1,000,000, plus an additional fine of not less than $25 for every kilogram of raw leaf tobacco in respect of which the person was convicted of the offence; and

  (b)  a term of imprisonment of not more than two years in addition to the fine and additional fine under clause (a),

           (i)  if the quantity of raw leaf tobacco in respect of which the person was convicted of the offence exceeds 3,200 kilograms, or

          (ii)  it is not the person’s first conviction under this subsection.

   (2)  Subsection 2.3 (14) of the Act is repealed and the following substituted:

Penalty

   (14)  Every person who contravenes subsection (1), (2), (3), (4), (5), (6), (7), (8), (9) or (10) shall pay to the Minister a penalty, when assessed for it, equal to the sum of,

  (a)  $25 for every kilogram of raw leaf tobacco the person produced, processed, sold, offered or kept for sale, delivered or caused to be delivered, purchased or received, brought into or caused to be brought into Ontario, took out or caused to be taken out of Ontario or transported in contravention of subsection (1), (2), (3), (4), (5), (6), (7), (8), (9) or (10), as the case may be; and

  (b)  an amount equal to,

           (i)  $2,500, if it is the person’s first penalty assessed under this subsection,

          (ii)  $5,000 if it is the person’s second penalty assessed under this subsection, or

         (iii)  $15,000 if the person has been assessed a penalty under this subsection at least two times before.

Assessment, raw leaf tobacco not baled or packaged

   (15)  In assessing a penalty under subsection (14), the Minister may determine the amount of raw leaf tobacco for the purposes of clause (14) (a) in such manner and form and by such procedure as the Minister considers adequate and expedient if the raw leaf tobacco for which the penalty is being assessed has not yet been baled or packaged.

   3.  (1)  Subsection 2.4 (4) of the Act is amended by striking out paragraph 1 and substituting the following:

    1.  A fine of not less than $10,000 and not more than $1,000,000, plus an additional fine of not less than $25 for every kilogram of raw leaf tobacco the person possessed in contravention of subsection (1).

   (2)  Subsection 2.4 (6) of the Act is amended by striking out paragraph 1 and substituting the following:

    1.  A fine of not less than $10,000 and not more than $1,000,000, plus an additional fine of not less than $25 for every kilogram of raw leaf tobacco the person brought or caused to be brought into Ontario in contravention of subsection (2).

   4.  (1)  Subsection 3.1 (1) of the Act is amended by striking out “sell, deliver or cause to be delivered” and substituting “sell, offer to sell, deliver or cause to be delivered”.

   (2)  Section 3.1 of the Act is amended by adding the following subsections:

Offence

   (8)  Every person who contravenes subsection (1) is guilty of an offence and, on conviction, is liable to a fine of not less than $500 and not more than $10,000.

Same

   (9)  Every person who fails to comply with subsection (4) or with a condition or restriction contained in a retail dealer’s permit issued under this section is guilty of an offence and, on conviction, is liable to a fine of not less than $500 and not more than $10,000.

Penalty

   (10)  Every person who operates as a retail dealer without holding a retail dealer’s permit issued under this section shall pay a penalty, when assessed for it, of,

  (a)  $500 if it is the person’s first penalty assessed under this section;

  (b)  $1,000 if it is the person’s second penalty assessed under this section; or

   (c)  $2,500 if the person has been assessed a penalty under this section at least two times before.

Same

   (11)  Every person who fails to comply with subsection (4) or with a condition or restriction contained in a retail dealer’s permit issued under this section shall pay a penalty, when assessed for it, of,

  (a)  $500 if it is the person’s first penalty assessed under this section;

  (b)  $1,000 if it is the person’s second penalty assessed under this section; or

   (c)  $2,500 if the person has been assessed a penalty under this section at least two times before.

   5.  Subsection 22.2 (2) of the Act is amended by striking out “prescribed by the Minister”.

   6.  Subsection 23.0.1 (4) of the Act is amended by striking out paragraph 1 and substituting the following:

    1.  A fine of not less than $10,000 and not more than $1,000,000, plus an additional fine of not less than $25 for every kilogram of raw leaf tobacco the person disposed of in contravention of subsection (3).

   7.  Clause 29.1 (6) (a) of the Act is amended by striking out “the same quantity of cigars sold” and substituting “the same quantity of cigars or other tobacco sold”.

   8.  Subsection 41 (2) of the Act is amended by adding the following clause:

(c.1) establishing and governing requirements with respect to the baling and packaging of raw leaf tobacco and the labelling of baled or packaged tobacco for persons who are required to hold a registration certificate issued under section 2.2 or 7, including,

           (i)  requiring such a person to supply the markers referred to in clauses 2.4 (1) (b) and (2) (b) to another person,

          (ii)  requiring such a person to provide information to the Minister in respect of any markers the person supplies or receives, and

         (iii)  governing the retention or disposal of damaged or unused markers by such a person;

   9.  Section 43 of the Act is repealed and the following substituted:

Fees

   43.  The Minister may make regulations,

  (a)  requiring the payment of fees in relation to anything that the Minister is required or authorized to do under this Act;

  (b)  prescribing the amount of those fees or the manner of determining those fees;

   (c)  prescribing the manner in which and the period within which those fees must be paid.

Commencement

   10.  This Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 70 and does not form part of the law.  Bill 70 has been enacted as Chapter 37 of the Statutes of Ontario, 2016.

SCHEDULE 1
Alcohol and Gaming Regulation and public Protection act, 1996

Currently, Part II of the Alcohol and Gaming Regulation and Public Protection Act, 1996 provides for consumer taxes on wine sold at winery retail stores. The taxes consist of a basic tax, a volume tax and an environmental tax. Amendments to Part II impose a phased increase to the basic rate of tax on wine and wine coolers purchased from wine boutiques, which are winery retail stores located inside the shopping area of a grocery store.

Technical amendments are made to the terminology relating to wine taxes. The method of calculating the retail price of wine is re-enacted to parallel the detailed calculation for determining the retail price of spirits.

The Act is also amended to provide that as of July 1, 2017, purchases of spirits from stores operated by a spirits manufacturer are subject to a basic tax, a volume tax and an environmental tax. Manufacturers may distribute, without charge, up to 1,250 litres of spirits in each year exempt from tax. Amendments are made to provide for the collection of the taxes on spirits.

Finally, the Act is amended with respect to microbrewers retaining their status as microbrewers while entering into agreements or arrangements with beer manufacturers that are not microbrewers in limited circumstances.

SCHEDULE 2
assessment act

The Assessment Act is amended to allow the Minister of Finance to make regulations setting out a different method for determining the amount owed by the operators of a public utility. The information disclosure offence in subsection 53 (1) is amended to apply only to information collected under the Act or to information collected pursuant to an assessment appeal or a court proceeding involving an assessment matter.

SCHEDULE 3
CITY OF TORONTO ACT, 2006

Section 278 of the City of Toronto Act, 2006 currently sets out mandatory reductions in tax rates for subclasses of real property. The percentages are set out in the statute and may be modified by the City’s by-laws. Amendments are made to the ability of the City to make these by-laws and to choose reductions within prescribed ranges. The City is also allowed to choose that no reductions apply if authorized to do so by the regulations.

Sections 279, 329 and 331 of the Act allow for the use of graduated tax rates and provide for charity rebates and vacant unit rebates for property in the commercial classes and industrial classes. The sections are amended to permit the Minister of Finance to make regulations providing that the sections may apply to additional property classes not already prescribed under the Act.

Part XII of the Act provides for tax capping on business properties. Various sections within the Part are amended to permit the Minister of Finance to make regulations providing that the Part may apply to additional property classes not already prescribed under the Act. Additional amendments permit regulations made under the Part to provide that they do not apply in the City unless the City opts to have them apply.

Currently, subsection 309 (3) provides for regulations relating to the form and content of tax bills, including information that the bills must contain. An amendment to the subsection would provide that such regulations could set out the method of calculating information relating to tax changes shown on bills. An additional amendment would permit regulations made under the subsection to provide that they do not apply in the City unless the City opts to have them apply.

SCHEDULE 4
COMMODITY FUTURES ACT

The Commodity Futures Act is amended by adding a new Part XII.1, which prohibits reprisals against employees for providing information about a possible contravention of Ontario commodity futures law, or a by-law or other regulatory instrument of a recognized self-regulatory organization, or for being involved in an investigation or proceeding related to the information provided.

SCHEDULE 5
CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994

The Schedule makes the following amendments to the Credit Unions and Caisses Populaires Act, 1994:

    1.   The condition that a credit union can only participate in loan syndications if the borrower is a member of an Ontario credit union that is one of the lenders in the loan syndicate is repealed. This will allow credit unions to participate in syndicated loans outside Ontario.

    2.   References in the Act to classes of credit unions are repealed.

    3.   The power of the Deposit Insurance Corporation of Ontario to define “deposit” for the purposes of deposit insurance is repealed.

    4.   The Lieutenant Governor in Council is authorized to make regulations that set out different deposit insurance limits for different insurable deposits.

    5.   The Superintendent of Financial Services is permitted to register credit unions from other parts of Canada to allow them to participate in syndicated loans under the Act.

SCHEDULE 6
crown employees collective bargaining act, 1993

The Crown Employees Collective Bargaining Act, 1993 is amended as follows:

Section 23 of the Act is amended to set out a list of designated bargaining units for public servants. Consequential amendments are made to the bargaining agent provisions.

The Act is amended by adding a new Part III.1, which sets out a mandatory interest arbitration regime for the Correctional Bargaining Unit. The Unit is required to settle a dispute by arbitration if a conciliation officer appointed under the Labour Relations Act, 1995 is unable to effect a collective agreement. The arbitration procedure is provided for in the new Part.

The Minister is given regulation-making powers relating to the mandatory interest arbitration regime.

SCHEDULE 7
financial administration act

The Financial Administration Act permits the Lieutenant Governor in Council to use loans or securities to raise money for refinancing loans and securities. The Schedule amends the way that the Lieutenant Governor in Council’s order authorizes the refinancing, so that it states a maximum aggregate amount. For the purpose of specifying the maximum aggregate amount in Canadian dollars, the Minister of Finance may approve a method of calculating the conversion into Canadian dollars of the amount necessary for refinancing a loan or security that is denominated in a foreign currency.

Also, when money is raised in a foreign currency, the conversion of the amount raised is based on the spot exchange rate rather than the noon spot exchange rate.

SCHEDULE 8
financial services regulatory authority of ontario act, 2016

The Schedule enacts the Financial Services Regulatory Authority of Ontario Act, 2016.  Section 2 establishes the Financial Services Regulatory Authority of Ontario as a corporation without share capital.  The Authority will be a Crown agent.

The object of the Authority is to regulate the regulated sectors as defined in the Financial Services Commission of Ontario Act, 1997 (section 3).  The Authority is required to work with the Minister to prepare for the Authority to carry out that regulatory function (section 4).

Section 5 deals with the provision of information from the Financial Services Commission of Ontario (“FSCO”), the Superintendent of Financial Services and the Deposit Insurance Corporation of Ontario (“DICO”) for the purpose of the preparation described above and the transition from that regulatory function being carried out by FSCO, the Superintendent of Financial Services and DICO to that function being carried out by the Authority.

Sections 8 to 10 deal with the directors and employees of the Authority.  The directors are appointed by the Lieutenant Governor in Council on the recommendation of the Minister (subsection 8 (3)).

Sections 11 to 18 deal with financial matters.  The revenues and investments of the Authority will not form part of the Consolidated Revenue Fund (subsection 11 (1)).  Sections 15 and 16 provide for assessments of entities in the regulated sectors to pay for certain expenses and expenditures of the Authority and the Ministry.

The new Act also provides for certain immunities for directors, employees and agents of the Authority and for related matters (sections 19 and 20) and for regulations (section 21).

SCHEDULE 9
fire protection and prevention act, 1997

Sections 49 and 50 of the Fire Protection and Prevention Act, 1997, which provide for conciliation during the collective bargaining process, are repealed. The new section 49 provides for the referral of matters in dispute to arbitration. Section 50.5 of the Act is amended to provide that in making a decision, the board of arbitration may not refer matters in dispute back to the parties to the arbitration. Technical amendments are also made, and transitional matters are provided for.

SCHEDULE 10
insurance act

Currently under subsection 282 (1) of the Insurance Act, the Lieutenant Governor in Council may assess automobile insurers for expenses and expenditures of the Licence Appeal Tribunal relating to the resolution of statutory accident benefits disputes. Insurers are required to pay the amount assessed against them. Insurers who fail to pay their assessment can have their licence cancelled or suspended by the Superintendent. The Schedule adds a new subsection 282 (4.1) providing that the unpaid amount of an assessment is a debt due to the Crown which may be recovered by action or by any other remedy or procedure available by law to the Crown. An amendment is also made to correct a reference in subsection 197 (2).

SCHEDULE 11
interim appropriation for 2017-2018 act, 2016

The Schedule enacts the Interim Appropriation for 2017-2018 Act, 2016, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2018 up to specified maximum amounts. All expenditures made or recognized under the Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2018.

SCHEDULE 12
INVESTMENT MANAGEMENT CORPORATION OF ONTARIO ACT, 2015

Currently, subsection 12 (1) of the Investment Management Corporation of Ontario Act, 2015 requires the board of directors to manage and supervise the activities and affairs of the Corporation.  The subsection is amended to require the board to manage or supervise the management of the activities and affairs of the Corporation.

Clause 14 (f) of the Act, which currently prevents the board of directors from delegating its power to establish investment policies, standards and procedures, is repealed.

SCHEDULE 13
Land Transfer Tax Act

Currently under section 2 of the Land Transfer Tax Act, tax of 1.5 per cent is payable on the value of the consideration for a conveyance that exceeds $250,000.  If the conveyance is a conveyance of land that contains at least one and not more than two single family residences, tax is payable at the total rate of 2 per cent on the value of the consideration that exceeds $400,000. Section 2 of the Act is amended to provide that tax of 2 per cent is payable on the value of the consideration for a conveyance that exceeds $400,000 if the conveyance is tendered for registration on or after January 1, 2017.  Section 2 is also amended to provide that tax of 2.5 per cent is payable on the value of the consideration for a conveyance that exceeds $2,000,000 if the conveyance is a conveyance of land that contains at least one and not more than two single family residences and if the conveyance is tendered for registration on or after January 1, 2017.  Certain exceptions are provided for and complementary technical amendments are also made.

The Act is amended by adding new sections 5.0.1 and 5.0.2, which provide for the collection and use of information in certain circumstances.

Section 9.2 of the Act, which provides for a land transfer tax refund for certain first time home purchasers, is amended to provide that, for conveyances or dispositions of qualifying homes that occur on or after January 1, 2017, the refund is only available to Canadian citizens and permanent residents of Canada.  Section 9.2 is also amended to provide that the maximum amount of the refund is $4,000 if the conveyance or disposition of the home occurs after December 31, 2016.

SCHEDULE 14
Ministry of revenue Act

The new section 11.5 of the Ministry of Revenue Act allows the Minister to collect and analyse certain information for the purpose of administering and enforcing tax laws, and to conduct related policy, statistical and risk analyses.  The Minister is also permitted to enter into an agreement with the Canada Revenue Agency providing for disclosure of certain information.

SCHEDULE 15
MUNICIPAL ACT, 2001

Currently, subsection 218 (1) of the Municipal Act, 2001 sets out rules governing changes to the composition of an upper-tier municipality’s council. The rule in paragraph 2 of that subsection provides that the head of council shall be elected by general vote or by appointment by the members of council. A rule is added providing that the head of council of every regional municipality, other than the County of Oxford, shall be elected by general vote.

A new section 218.1 of the Act specifies that for the regular election in 2018, the head of council of a regional municipality, other than the County of Oxford, shall be elected by general vote. A consequential amendment is made to section 221.

Section 313 of the Act currently sets out mandatory reductions in tax rates for subclasses of real property. The percentages are set out in the statute and may be modified by municipal by-laws. Amendments are made to the ability of municipalities to make these by-laws and to choose reductions within prescribed ranges. Municipalities are also allowed to choose that no reductions apply if authorized to do so by the regulations.

Sections 314, 361 and 364 of the Act allow for the use of graduated tax rates and provide for charity rebates and vacant unit rebates for property in the commercial classes and industrial classes. The sections are amended to permit the Minister of Finance to make regulations providing that the sections may apply to additional property classes not already prescribed under the Act.

Part IX of the Act provides for tax capping on business properties. Various sections within the Part are amended to permit the Minister of Finance to make regulations providing that the Part may apply to additional property classes not already prescribed under the Act. Additional amendments permit regulations made under the Part to provide that they do not apply in a municipality unless the municipality opts to have them apply. An upper-tier municipality would be permitted to delegate this decision to its lower-tiers.

Currently, subsection 344 (3) provides for regulations relating to the form and content of tax bills, including information that the bills must contain. An amendment to the subsection would provide that such regulations could set out the method of calculating information relating to tax changes shown on bills. An additional amendment would permit regulations made under the subsection to provide that they do not apply in a municipality unless the municipality opts to have them apply. An upper-tier municipality would be permitted to delegate this decision to its lower-tiers.

SCHEDULE 16
occupational health and safety act

The Schedule amends the Occupational Health and Safety Act to give the Chief Prevention Officer the power to accredit health and safety management systems, and to give recognition to employers who use accredited health and safety management systems. The Chief Prevention Officer may also establish standards and criteria that must be met by health and safety management systems or employers in order to receive accreditation or recognition. Related amendments are also made.

SCHEDULE 17
ONTARIO college of trades and apprenticeship act, 2009

The Schedule makes various amendments to the Ontario College of Trades and Apprenticeship Act, 2009. The significant amendments are as follows:

    1.   The College of Trades Appointments Council is continued as the College of Trades Appointments Council and Classification Roster. The modified body has two branches, the Appointments Council and the Classification Roster. The branch known as the Appointments Council has the same duties as the current College of Trades Appointments Council. The main duty of the branch known as the Classification Roster is to determine matters relating to the classification or reclassification of trades as voluntary or compulsory. This function is currently performed by review panels established by the Ontario College of Trades.

    2.   The Schedule also provides that a classification panel may determine which practices within the scope of practice for a compulsory trade should constitute engaging in the practice of the trade for the purposes of enforcing sections 2 and 4 of the Act.

    3.   The Schedule includes provisions setting out how trades may be referred to a classification panel, the procedures that apply upon a referral and addresses other related matters.

    4.   A new Part is added to the Act providing for the issuance of notices of contravention requiring a person to pay an administrative penalty. The Part sets out factors that must be considered before a notice of contravention may be issued, such as the risk of harm to the public and other persons, and the scopes of practice of relevant trades.  A person who receives a notice of contravention may apply for a review of the notice by the Ontario Labour Relations Board. Provisions are included regarding the conduct of a review and the enforcement of an administrative penalty.

    5.   The Schedule includes a provision that requires that the Ontario College of Trades establish a compliance and enforcement policy and a Compliance and Enforcement Committee to advise the Board on addressing compliance and enforcement issues in respect of matters within the jurisdiction of the College.

    6.   Related regulation-making powers are added or amended.

SCHEDULE 18
ONTARIO RETIREMENT PENSION PLAN Legislation REPEAL ACT, 2016

The Act set out in this Schedule does the following:

    1.   Dissolves the Ontario Retirement Pension Plan Administration Corporation.

    2.   Transfers the dissolved Corporation’s assets and liabilities to the Crown in right of Ontario.

    3.   Grants immunity to former directors, officers and employees of the dissolved Corporation for any act or omission done in good faith in the performance or exercise or intended performance or exercise of their duties and powers.

    4.   Repeals the Ontario Retirement Pension Plan Act, 2015, the Ontario Retirement Pension Plan Administration Corporation Act, 2015 and the Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016.

    5.   Makes consequential amendments to various Acts.

SCHEDULE 19
pension benefits act

The Pension Benefits Act is amended. Here are some highlights.

Currently, section 42 of the Act provides certain portability options to a former member of a pension plan. In the circumstances set out in that section, a former member can require the administrator of the former member’s pension plan to pay an amount equal to the commuted value of the person’s deferred pension to another pension plan, to a prescribed retirement savings arrangement or for the purchase of a life annuity. The Schedule amends the Act to provide that section 42 also applies, with necessary modifications, to a retired member who is entitled to begin to receive a pension from the pension fund by virtue of having reached the normal retirement date under the pension plan but who has not yet elected to receive the pension, if the pension plan so permits. Technical consequential changes are made to the current and unproclaimed versions of subsection 1.1 (4) of the Act.

The Schedule also amends the Act to require the approval of the Superintendent of Financial Services before an administrator appointed under the Act may purchase life annuities in connection with the wind up of a pension plan. The Superintendent is required to approve the purchase within the prescribed period after approving the wind up report in respect of the pension plan under section 70 of the Act.

The Schedule also amends the Act to permit the Lieutenant Governor in Council to make regulations exempting employers and successor employers from the requirement to pay certain amounts into a pension fund under section 75 of the Act where a pension plan is wound up. Such an exemption would be available only if the following circumstances exist:

    1.   As a result of an application under the Companies’ Creditors Arrangement Act (Canada), a court made an order on or before December 31, 2015 staying all proceedings taken against the employer.

    2.   The Superintendent of Financial Services has approved an agreement with respect to the employer’s liability under section 75 and with respect to the liability of the successor employer, if any.

The Act is also amended to provide the Superintendent of Financial Services with the authority to impose administrative penalties for contravening a requirement established under the Act or a prescribed provision of the Act or the regulations. General penalties and penalties given in accordance with a summary process are provided for, and maximum penalty amounts are set out for each type of penalty.

The Lieutenant Governor in Council is given the power to make regulations governing administrative penalties imposed under the Act and respecting the timing and manner of allocating amounts from the Pension Benefits Guarantee Fund and paying those amounts to pension plans.

SCHEDULE 20
PROVINCIAL LAND TAX ACT, 2006

The Provincial Land Tax Act, 2006 is amended to give the Minister the ability to make regulations providing for tax rebates to owners of property that have vacant portions in any property class other than the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class, instead of being restricted to properties in the commercial property class or the industrial property class.

SCHEDULE 21
REGISTERED INSURANCE BROKERS ACT

Various technical corrections are made to the Registered Insurance Brokers Act.

SCHEDULE 22
RETAIL SALES TAX ACT

The Schedule adds new subsections 4.2 (3.1) and (3.2) to the Retail Sales Tax Act to allow the Minister of Finance to approve the use of industry standard publications for determining the average wholesale price of a specified vehicle.

SCHEDULE 23
SECURITIES ACT

Currently, under section 127 of the Securities Act, the Commission cannot, without a hearing, make an order prohibiting a person or company from acquiring any securities.  Subsection 127 (5) is amended to authorize the Commission to make a temporary order for such a prohibition, if the length of time required to conclude a hearing could be prejudicial to the public interest.  An amendment is also made to subsection 127 (8) respecting the extension of the temporary order.

SCHEDULE 24
SUPPLEMENTARY INTERIM APPROPRIATION FOR 2016-2017 ACT, 2016

The Schedule enacts the Supplementary Interim Appropriation for 2016-2017 Act, 2016, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2017 up to specified maximum amounts. The expenditures authorized are in addition to those authorized under the Interim Appropriation for 2016-2017 Act, 2015. All expenditures made or recognized under the Interim Appropriation for 2016-2017 Act, 2015 and this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2017.

SCHEDULE 25
Taxation Act, 2007

The Schedule makes the following technical amendments to the Taxation Act, 2007:

    1.   A reference to “the highest individual percentage” is included as a result of changes in the Federal Act.

    2.   Section 9 of the Act is amended so that the termination of the federal education tax credit does not affect the calculation of the Ontario tax credit for unused tuition and education tax credits, or the calculation of the Ontario education tax credit.

    3.   A reference to the “Canada child tax benefit” is updated to “Canada child benefit” as a result of changes in the Federal Act.

Section 93 of the Act, which governs the Ontario interactive digital media tax credit, is amended to establish a deadline for applications for certification made under that section.

SCHEDULE 26
TOBACCO TAX ACT

The Tobacco Tax Act is amended as follows:

The requirements to provide different types of information to the Minister on request that apply to a person who holds a raw leaf tobacco registration certificate issued under section 2.2 are extended to persons who hold a manufacturer’s registration certificate under section 7.

The penalties for being convicted of an offence in respect of raw leaf tobacco under sections 2.2, 2.3, 2.4 and 23.0.1 are amended to include an additional fine reflecting the quantity of raw leaf tobacco involved in the offence. The fines in section 2.3 are also increased and imprisonment is allowed for in certain circumstances.

The penalty for contravening section 2.3 is increased and an additional amount is added to reflect the quantity of raw leaf tobacco involved.

New offences and penalties are established for failing to comply with the requirements in section 3.1 with respect to retail dealers’ permits.

The Minister is given the power to make regulations governing the activities of persons with respect to the baling and packaging of raw leaf tobacco.

Section 43 is repealed and replaced. The new section 43 allows the Minister to make regulations governing fees under the Act.

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