Bill 68, Open for Business Act, 2010

Pupatello, Hon Sandra Minister of Economic Development and Trade

Current Status: Royal Assent received Chapter Number: S.O. 2010 C.16

Viewing: Royal Assent (current version) pdf

Bill 68                                                          2010

An Act to promote Ontario as open for business by amending or repealing certain Acts

Note: This Act amends or repeals more than one Act.  For the legislative history of a consolidated public Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

This Act revokes one or more regulations. For the legislative history of a consolidated regulation, see the Table of Consolidated Regulations – Detailed Legislative History at www.e-Laws.gov.on.ca.  For the legislative history of an unconsolidated regulation, see the Table of Unconsolidated and Unrevoked Regulations or Part II of the Table of Revoked and Spent Regulations at www.e-Laws.gov.on.ca.

CONTENTS

 

1.

2.

3.

Contents of Act

Commencement

Short title

Schedule 1

Ministry of Agriculture, Food and Rural Affairs

Schedule 2

Ministry of the Attorney General

Schedule 3

Commercial Mediation Act, 2010

Schedule 4

Creditors’ Relief Act, 2010

Schedule 5

Ministry of Consumer Services

Schedule 6

Ministry of Economic Development and Trade

Schedule 7

Ministry of the Environment

Schedule 8

Ministry of Government Services

Schedule 9

Ministry of Labour

Schedule 10

Ministry of Natural Resources

Schedule 11

Ministry of Northern Development, Mines and Forestry

Schedule 12

Ministry of Transportation

______________

 

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

Contents of Act

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

Commencement

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

Schedules

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

Different dates for same Schedule

   (3)  If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

   3.  The short title of this Act is the Open for Business Act, 2010.

 

Schedule 1
Miistry of Agriculture, Food and Rural Affairs

Crop Insurance Act (Ontario), 1996

   1.  (1)  Section 1 of the Crop Insurance Act (Ontario), 1996 is amended by adding the following definition:

“AgriCorp” means the corporation established in section 1 of the AgriCorp Act, 1996; (“AgriCorp”)

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

“contract of insurance” means a contract of insurance between one or more persons and AgriCorp for the insurance of agricultural crops or perennial plants within Ontario; (“contrat d’assurance”)

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

“Minister” means the Minister of Agriculture, Food and Rural Affairs 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”)

   (4)  The Act is amended by adding the following section:

Authority to offer new programs of insurance

   2.1  (1)  AgriCorp may offer new programs of insurance for agricultural crops and perennial plants in respect of which it did not previously provide insurance only if it receives a written request to do so from the Minister.

Compliance with request

   (2)  Upon receipt of a written request from the Minister that it offer a new program of insurance in respect of a particular agricultural crop or perennial plant, AgriCorp shall comply forthwith.

Obligation to continue insurance

   (3)  AgriCorp shall continue to provide contracts of insurance with respect to a particular agricultural crop or perennial plant until it receives a written request to cease doing so from the Minister.

Withdrawal of insurance

   (4)  Upon receipt of a written request from the Minister that it cease to provide contracts of insurance in respect of a particular agricultural crop or perennial plant, AgriCorp shall forthwith,

  (a)  cease offering any new contracts of insurance with respect to the agricultural crop or perennial plant;

  (b)  terminate any contract of insurance specific to that agricultural crop or perennial plant; and

   (c)  amend any contract of insurance that relates to more than one agricultural crop or perennial plant to comply with the Minister’s request.

   (5)  Subsection 3 (1) of the Act is amended by striking out “The Minister of Agriculture, Food and Rural Affairs” at the beginning and substituting “The Minister”.

   (6)  Subsection 3 (3) of the Act is repealed.

   (7)  Section 4 of the Act is repealed.

   (8)  Subsection 5 (1) of the Act is amended by striking out “subject to section 4” and substituting “subject to section 2.1”.

   (9)  Clause 5 (2) (a) of the Act is amended by adding “including determining whether a person has an insurable interest in an agricultural crop or perennial plant” at the end.

   (10)  Clause 5 (2) (c) of the Act is repealed and the following substituted:

   (c)  fix terms of contracts of insurance relating to replanting benefits, unplanted acreage benefits, salvage benefits, by-pass acreage benefits or any other benefit;

   (11)  Subsection 5 (4) of the Act is repealed and the following substituted:

Requirements for insured person

   (4)  AgriCorp may enter into a contract of insurance to insure an agricultural crop or perennial plant with any person who,

  (a)  has an insurable interest in the agricultural crop or perennial plant; and

  (b)  otherwise meets the qualifications and requirements set by AgriCorp under clause (2) (a).

More than one person with insurable interest

   (5)  If more than one person has an insurable interest in an agricultural crop or perennial plant, AgriCorp may enter into,

  (a)  an individual contract of insurance with each person with an insurable interest in the agricultural crop or perennial plant;

  (b)  one contract of insurance with all persons with an insurable interest in the agricultural crop or perennial plant; or

   (c)  several contracts of insurance with respect to the agricultural crop or perennial plant, some individual contracts and others that insure two or more persons with an insurable interest in the agricultural crop or perennial plant.

Contract restriction

   (6)  In any contract of insurance with respect to an agricultural crop or perennial plant between AgriCorp and a person, the contract shall insure the person’s entire insurable interest in the agricultural crop or perennial plant.

Same, several insurable interests

   (7)  The following conditions apply if AgriCorp enters into more than one contract of insurance with respect to one agricultural crop or perennial plant:

    1.  Each contract of insurance shall insure a different insurable interest in the agricultural crop or perennial plant.

    2.  The amount of insurance provided under all of the contracts of insurance is equal to the sum of each insured person’s entire insurable interest in the agricultural crop or perennial plant, subject to paragraph 3.

    3.  The amount of insurance provided under all of the contracts of insurance is not greater than the total value of the agricultural crop or perennial plant.

Insurable interest

   (8)  For the purposes of this section, the following persons have an insurable interest in an agricultural crop or perennial plant:

    1.  A producer of the agricultural crop or perennial plant.

    2.  Any person who may benefit from the successful production of the agricultural crop or perennial plant or who may be prejudiced by any loss or damage to the agricultural crop or perennial plant.

    3.  Any other person who, in the opinion of AgriCorp, has an insurable interest in the agricultural crop or perennial plant.

   (12)  Section 6 of the Act is amended by striking out “sections 4 and 5” and substituting “sections 2.1 and 5”.

   (13)  Subsection 10 (1) of the Act is amended by striking out “final acreage report or its equivalent” and substituting “final report”.

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

Definition, “final report”

   (5)  In this section,

“final report” means a final acreage report, a final inventory report or an equivalent document required by AgriCorp that defines the agricultural crop or perennial plant insured under a contract of insurance.

   (15)  Subsection 12 (1) of the Act is amended by striking out “the Minister of Agriculture, Food and Rural Affairs” and substituting “the Minister”.

   (16)  Subsection 13 (4) of the Act is amended by striking out “the Minister of Agriculture, Food and Rural Affairs” and substituting “the Minister”.

Drainage Act

   2.  (1)  Subsections 3 (1) to (17) of the Drainage Act are repealed.

   (2)  Subsection 3 (18) of the Act is repealed and the following substituted:

Existing ditches

   (18)  Every ditch constructed under The Ditches and Watercourses Act, being chapter 109 of the Revised Statutes of Ontario, 1960, shall be maintained in accordance with the award of the engineer providing for such maintenance until such ditch is brought under the provisions of this Act by petition under section 4.

   (3)  Clause 5 (1) (a) of the Act is amended by striking out “give written notice” and substituting “send notice”.

   (4)  Clause 5 (1) (b) of the Act is amended by striking out “give written notice” and substituting “send notice”.

   (5)  Subsection 9 (1) of the Act is amended by striking out “written”.

   (6)  Subsection 10 (3) of the Act is amended by striking out “to withdraw from it by putting a withdrawal in writing, signing it and filing it with the clerk” and substituting “to withdraw from it by filing a signed withdrawal with the clerk”.

   (7)  Subsection 39 (1) of the Act is repealed and the following substituted:

Time for filing report

   (1)  The engineer shall file the report with the clerk of the initiating municipality as soon as it is completed or, in any event, within one year after the appointment of the engineer or within such further time as may be extended before or after the expiry of the one-year period by resolution of the council of the municipality.

   (8)  Section 40 of the Act is amended by striking out “by prepaid mail, to all persons who signed the petition or requisition, as the case may be” and substituting “to all persons who signed the petition”.

   (9)  Subsection 41 (1) of the Act is amended by striking out “by prepaid mail” in the portion before clause (a).

   (10)  Subsection 41 (2) of the Act is amended by striking out “by prepaid mail” in the portion before clause (a).

   (11)  Subsection 41 (4) of the Act is amended by striking out “mailed” and substituting “sent”.

   (12)  Section 42 of the Act is amended by striking out “to withdraw from it by putting a withdrawal in writing, signing it and filing it with the clerk” and substituting “to withdraw from it by filing a signed withdrawal with the clerk”.

   (13)  Subsection 45 (1) of the Act is repealed and the following substituted:

Adoption of report

   (1)  If a by-law in the form prescribed by the regulations, with the engineer’s report attached to it, is given two readings by council, the report shall be considered to be adopted and the by-law shall be known as a provisional by-law.

   (14)  Subsection 46 (1) of the Act is amended by striking out “by prepaid mail”.

   (15)  Subsection 46 (2) of the Act is amended by striking out “by prepaid mail”.

   (16)  Subsection 46 (3) of the Act is amended by striking out “the mailing” and substituting “the sending”.

   (17)  Subsection 47 (1) of the Act is amended by striking out “a written notice of appeal shall be served upon the council of the initiating municipality within forty days after the mailing of the notices” and substituting “a notice of appeal shall be served upon the council of the initiating municipality within 40 days after the sending of the notices”.

   (18)  Subsection 48 (1) of the Act is amended by,

  (a)  striking out “under section 3” in clause (d); and

  (b)  striking out “a written notice of appeal shall be served within forty days after the mailing of the notice” in the portion after clause (d) and substituting “a notice of appeal shall be served within 40 days after the sending of the notices”.

   (19)  Section 49 of the Act is amended by striking out “a written notice of appeal shall be served within forty days after the mailing of the notices” and substituting “a notice of appeal shall be served within 40 days after the sending of the notices”.

   (20)  Subsection 50 (1) of the Act is amended by striking out “written”.

   (21)  Section 52 of the Act is repealed and the following substituted:

Appeals

   52.  (1)  An owner of land assessed for the drainage works may appeal to the court of revision on any of the following grounds:

    1.  Any land or road has been assessed an amount that is too high or too low.

    2.  Any land or road that should have been assessed has not been assessed.

    3.  Due consideration has not been given to the use being made of the land.

Notice of appeal

   (2)  To appeal, the owner shall send a notice to the clerk of the initiating municipality setting out the grounds of the appeal at least 10 days before the first sitting of the court.

Hearing of appeal

   (3)  If notice of appeal is sent in accordance with subsection (2), the court of revision shall hear the appeal.

Discretion of court of revision

   (4)  If notice of appeal is not sent in accordance with subsection (2), the court of revision may, by resolution passed at its first sitting, allow an appeal to be heard on such conditions as to giving notice to all persons interested or otherwise as the court considers just. 

   (22)  Section 53 of the Act is amended by striking out “by prepaid mail”.

   (23)  Subsection 58 (1) of the Act is amended by striking out “the council may pass a provisional by-law thereby authorizing the construction” and substituting “the council may pass the provisional by-law to which the engineer’s report was attached, thereby authorizing the construction”.

   (24)  Subsection 58 (5) of the Act is amended by striking out “a requisitioner or”.

   (25)  Subsection 61 (5) of the Act is repealed and the following substituted:

Lands exempt from taxation to be assessed

   (5)  Land exempt from taxation under the Assessment Act is subject to this Act for all purposes, including being subject to assessment for the cost of a drainage works.

Responsibility for paying assessment

   (6)  An assessment under this Act that falls due while the land is exempt from taxation under the Assessment Act shall be paid,

  (a)  by the owner of the land if the owner has signed the petition to undertake the drainage works;

  (b)  by the owner of the land if the land is,

           (i)  land on which a church or other place of worship has been erected and which is used for that purpose,

          (ii)  land of a university, college or seminary of learning, whether vested in a trustee or otherwise,

         (iii)  land of a board of an elementary or secondary school, as defined in the Education Act, or

         (iv)  land owned by an upper-tier municipality; or

   (c)  by the municipality that imposed the assessment in all other cases.

   (26)  Sections 65 and 66 of the Act are repealed and the following substituted:

Changes in assessment

Subsequent subdivision of land

   65.  (1)  If, after the final revision of an engineer’s assessment of land for a drainage works, the land is divided by a change in ownership of any part, the clerk of the local municipality in which the land is situate shall instruct an engineer in writing to apportion the assessment among the parts into which the land was divided, taking into account the part of the land affected by the drainage works.

Agreement on share of assessment

   (2)  If the owners of the subdivided land mutually agree on the share of the drainage assessment that each should pay, they may enter into a written agreement and file it with the clerk of the local municipality and, if the agreement is approved by the council by resolution, no engineer need be instructed under subsection (1).

Subsequent connection to drainage works, etc.

   (3)  If an owner of land that is not assessed for a drainage works subsequently connects the land with the drainage works for the purpose of drainage, or if the nature or extent of the use of a drainage works by land assessed for the drainage works is subsequently altered, the clerk of the local municipality in which the land is situate shall instruct an engineer in writing to inspect the land and assess it for a just proportion of the drainage works, taking into account any compensation paid to the owner of the land in respect of the drainage works.

Subsequent disconnection from drainage works

   (4)  If an owner of land that is assessed for a drainage works subsequently disconnects the land from the drainage works, the clerk of the local municipality in which the land is situate shall instruct an engineer in writing to inspect the land and determine the amount by which the assessment of the land should change.

Restriction on connection or disconnection

   (5)  No person shall connect to or disconnect from drainage works without the approval of the council of the municipality.

Notice of instructions

   (6)  The clerk of the local municipality shall send a copy of the instructions mentioned in subsection (1), (3) or (4) to the owners of the affected lands as soon as reasonably possible.

Engineer’s assessment

   (7)  An engineer who prepares an assessment pursuant to instructions received under subsection (1), (3) or (4) shall file the assessment with the clerk of the local municipality.

Notice of assessment

   (8)  The clerk of the local municipality shall attach the engineer’s assessment to the original assessment and send a copy of both to the owners of the affected lands.

Assessment binding

   (9)  Subject to subsection (11), the engineer’s assessment is binding on the assessed land.

Costs

   (10)  The costs of the assessment, including the fees of the engineer, shall be paid by the owners of the lands in the proportion fixed by the engineer or, on appeal, by the Tribunal, and subsection 61 (4) applies to these costs.

Appeal of assessment

   (11)  If the engineer’s assessment is for an amount greater than $500, the owner of the land may appeal to the Tribunal within 40 days after the date the clerk sends a copy of the assessment to the owner.

Use of amount collected

   (12)  Any amount collected under subsection (3) shall be credited to the account of the drainage works and shall be used only for the improvement, maintenance or repair of the whole or any part of the drainage works.

   (27)  Subsection 78 (1) of the Act is repealed and the following substituted:

Improving, upon examination and report of engineer

   (1)  If a drainage works has been constructed under a by-law passed under this Act or any predecessor of this Act, and the council of the municipality that is responsible for maintaining and repairing the drainage works considers it appropriate to undertake one or more of the projects listed in subsection (1.1) for the better use, maintenance or repair of the drainage works or of lands or roads, the municipality may undertake and complete the project in accordance with the report of an engineer appointed by it and without the petition required by section 4.

Projects

   (1.1)  The projects referred to in subsection (1) are:

    1.  Changing the course of the drainage works.

    2.  Making a new outlet for the whole or any part of the drainage works.

    3.  Constructing a tile drain under the bed of the whole or any part of the drainage works.

    4.  Constructing, reconstructing or extending embankments, walls, dykes, dams, reservoirs, bridges, pumping stations or other protective works in connection with the drainage works.

    5.  Otherwise improving, extending to an outlet or altering the drainage works.

    6.  Covering all or part of the drainage works.

    7.  Consolidating two or more drainage works.

   (28)  Subsection 78 (2) of the Act is amended by striking out “by prepaid mail”.

   (29)  Subsection 79 (1) of the Act is amended by striking out “in writing”.

   (30)  Subsection 80 (1) of the Act is amended by striking out “upon reasonable notice in writing given by” and substituting “upon reasonable notice sent by”.

   (31)  Section 83 of the Act is repealed.

   (32)  Subsections 84 (1) and (2) of the Act are repealed and the following substituted:

Abandonment of all or part of drainage works

   (1)  If three-quarters of the owners of land assessed for benefit in respect of a drainage works, who, according to the last revised assessment roll, own not less than three-quarters of the area assessed for benefit as shown in the by-law or by-laws under which the drainage works exist, send a request asking for the abandonment of the whole or any part of the drainage works, the council of the initiating municipality shall, as soon as reasonably possible, send a notice to all of the owners of the land assessed for the drainage works stating its intention to abandon the drainage works or the part of the drainage works specified in the notice, unless, within 10 days of the date the municipality’s notice was sent, any owner sends a notice to the clerk of the municipality requesting that the report of an engineer be made on the proposed abandonment.

Same

   (2)  The council of the initiating municipality may send a notice in accordance with subsection (1) of its intention to abandon a drainage works or the part of the drainage works specified in the notice, even if a request described in subsection (1) has not been sent to the municipality.

   (33)  Subsection 84 (3) of the Act is amended by striking out “If, within such period of ten days, any owner notifies the clerk” at the beginning and substituting “If an owner sends a notice to the clerk within the 10-day period in accordance with subsection (1)”.

   (34)  Subsection 84 (5) of the Act is amended by striking out “If no notice is mailed to the clerk in accordance with subsection (1)” at the beginning and substituting “If no owner sends a notice to the clerk within the 10-day period in accordance with subsection (1)”.

   (35)  Sections 93 and 94 of the Act are repealed and the following substituted:

Appointment of drainage superintendents

   93.  (1)  The council of a local municipality may by by-law appoint a drainage superintendent or, with the approval of the Minister, more than one drainage superintendent.

Drainage superintendent may act for more than one municipality

   (2)  Two or more municipalities may appoint the same person to be a drainage superintendent within each municipality.

Duties of drainage superintendent

   (3)  A drainage superintendent for a municipality shall,

  (a)  inspect every drainage works for which the municipality is responsible and report periodically to council on the condition of those drainage works;

  (b)  initiate and supervise the maintenance and repair of the drainage works for which the municipality is responsible;

   (c)  assist in the construction or improvement of the drainage works for which the municipality is responsible; and

  (d)  report to council on the superintendent’s activities mentioned in clauses (b) and (c). 

Remuneration

   (4)  The council may provide for fees or other remuneration for services performed by drainage superintendents in carrying out their duties under this Act, but the fees or other remuneration shall not be deemed to form part of the cost of the drainage works and shall be paid from the general funds of the municipality.

   (36)  The French version of subsection 104 (1) of the Act is amended by striking out “classe” and substituting “dépose”.

   (37)  Subsections 104 (2) and (3) of the Act are repealed and the following substituted:

Acting clerk

   (2)  In the absence of the local registrar of the Superior Court of Justice, the referee may appoint another person to act as clerk of the court of the referee for the purpose of the trial and for taking charge of and filing all exhibits and, while so acting, the appointed person has the same powers and duties as the local registrar of the Superior Court of Justice and is entitled to such fees as the referee may direct for his or her attendance at the court.

Stenographic reporters

   (3)  The referee may, from time to time, employ stenographic reporters to report hearings and trials before the referee and may fix their fees.

Fees

   (4)  The fees of the acting clerk and the stenographic reporters shall be included in the costs and shall be borne and paid as the referee may direct.

   (38)  Section 115 of the Act is amended by striking out “notice of the filing shall forthwith be given by the clerk, by prepaid mail, to” and substituting “notice of the filing shall be sent by the clerk, as soon as reasonably possible, to”.

   (39)  Section 125 of the Act is repealed and the following substituted:

Regulations

   125.  The Minister may make regulations,

  (a)  prescribing forms for the purposes of this Act and providing for their use;

  (b)  governing the methods by which notices and other documents that are required or permitted to be sent or served under this Act must be sent, including the conditions applying to each permitted method and the date on which the notice or other document shall be deemed to have been sent or served.

Farm Products Payments Act

   3.  (1)  Subsection 3 (2) of the Farm Products Payments Act is amended by striking out “Grain Elevator Storage Act” in the portion before clause (a) and substituting “Grains Act”.

   (2)  Clause 7 (1) (b) of the Act is amended by adding the following paragraph:

    6.  Grains Act.

   (3)  Clause 8 (j) of the Act is repealed.

   (4)  Section 8 of the Act is amended by adding the following subsection:

Regulations by Minister

   (2)  The Minister may make regulations requiring dealers or producers to pay fees to a board, prescribing the amounts and the times and manner of payment of the fees, and providing for the collection of the fees.

Livestock, Poultry and Honey Bee Protection Act

   4.   (1)  The short title of the Livestock, Poultry and Honey Bee Protection Act is repealed and the following substituted:

Protection of Livestock and Poultry from Dogs Act

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

“Minister” means the Minister of Agriculture, Food and Rural Affairs or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

   (3)  The definitions of “Tribunal” and “wolf” in section 1 of the Act are repealed.

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

Liability of municipality

   (1)  Where a dog kills or injures livestock or poultry, the local municipality in which the killing or injury occurred is liable to the owner of the livestock or poultry for the amount of damages that is determined under section 4 and shall pay over the amount to the owner within 30 days of the determination.

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

By-law for damage by wild animals

   (3)  The council of a local municipality may pass a by-law providing that where livestock or poultry are killed or injured by wild animals in the municipality, subsection (1) applies in the same manner as where livestock or poultry are killed or injured by a dog, but the council in the by-law may fix the maximum amount payable for any livestock or poultry so killed or injured in any year and may fix the proportion of the damages ascertained under section 4 that is payable.

   (6)  Subsection 4 (2) of the Act is amended by striking out “belief such killing or injuring was done by a wolf or by a dog” and substituting “belief such killing or injuring was done by a dog”.

   (7)  Subsection 4 (3) of the Act is amended by striking out “were killed or injured by a wolf or by a dog” and substituting “were killed or injured by a dog”.

   (8)  Clause 4 (4) (a) of the Act is amended by striking out “or a wolf” at the end.

   (9)  Clause 4 (4) (c) of the Act is amended by striking out “or wolves” at the end.

   (10)  Subsection 4 (5) of the Act is amended by striking out “or by wolves” at the end.

   (11)  Subsection 4 (10) of the Act is amended by striking out “killed or injured by a wolf or by a dog” and substituting “killed or injured by a dog”.

   (12)  Subsections 9 (2) to (16) of the Act are repealed.

   (13)  Sections 10 to 14 of the Act are repealed.

   (14)  Section 16 of the Act is repealed and the following substituted:

Regulations

   16.  The Minister may make regulations prescribing maximum amounts for livestock and poultry or any species or class thereof for the purposes of subsection 4 (14).

   (15)  Section 17 of the Act is repealed.

   (16)  Sections 18 and 19 of the Act are repealed and the following substituted:

Amount of payment limited

   18.  Subject to subsection 4 (14), if compensation is payable under this Act, the amount payable shall not exceed the market value of the livestock or poultry at the time of the death, injury or damage in respect of which payment is made. 

Reduction in market value by reason of insurance

   19.  If an owner receives an amount under a contract of insurance by reason of the death of or injury to livestock or poultry for which compensation is payable under this Act, for the purpose of calculating the amount of compensation, the market value of the livestock or poultry shall be deemed to be reduced by that amount.

Milk Act

   5.  (1)  Subsection 2.10 (4) of the Milk Act is amended by striking out “Subsections 16 (1), (3), (4), (6) to (15)” at the beginning and substituting “Subsections 16 (1), (2.1), (3), (4), (6) to (15)”.

   (2)  Subsection 19.1 (9) of the Act is amended by striking out “Subsections 16 (2) to (15)” at the beginning and substituting “Subsections 16 (1) and (2.1) to (15)”.

Ministry of Agriculture, Food and Rural Affairs Act

   6.  (1)  Section 7 of the Ministry of Agriculture, Food and Rural Affairs Act is amended by adding the following subsection:

Municipal valuers

   (6)  If a program requires the appointment of valuers for purposes of investigating or assessing damage to livestock or poultry caused by wild animals, the council of every municipality shall appoint one or more persons as valuers for that purpose.

   (2)  The Act is amended by adding the following section:

Directives to Commission

   13.  (1)  The Minister may issue written directives to the Ontario Farm Products Marketing Commission establishing objectives to be achieved by the Commission in relation to administrative and policy matters that are the responsibility of the Commission under the Farm Products Marketing Act or the Milk Act, including matters relating to,

  (a)  the regulation and control of the production and marketing of farm products, milk, cream or milk products;

  (b)  the local boards and marketing boards under those two Acts, their powers and relations between the Commission and the boards; and

   (c)  the conduct of the affairs of the Commission, its practices and procedures.

Same

   (2)  A directive may apply only with respect to,

  (a)  milk, cream or any specified farm product or milk product or class of such products;

  (b)  any specified class of persons engaged in the producing, processing or marketing of milk, cream, milk products or farm products; or

   (c)  a specified local board or marketing board or class of local board or marketing board.

General application

   (3)  Despite subsection (2), a directive shall be general in application and shall not be limited in application to a specific person or group of persons or to a particular dispute or incident.

Interference with board operations

   (4)  Despite clause (2) (c), a directive shall not purport to control or regulate the day to day operations of a specific local board or marketing board.

Consistency of purpose

   (5)  A directive shall be consistent with the purposes of this Act, the Farm Products Marketing Act and the Milk Act.

Implementation of directives

   (6)  The Commission shall implement a directive within the time frame specified in the directive or, if none is specified, as soon as practicable.

Same

   (7)  In implementing a directive, the Commission shall determine the measures or steps that in its view are necessary or desirable to achieving the objectives set out in the directive.

Legislation Act, 2006, Part III

   (8)  A directive issued under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Publication

   (9)  The Commission shall post on the Commission’s website every directive issued under this section or a summary of the directive and may publish it in any other format the Commission considers advisable.

   (3)  Subsections 16 (1) and (2) of the Act are repealed and the following substituted:

Appeal to Tribunal

   (1)  Subject to subsections (4) and (5), a person who is aggrieved by any of the following orders, directions, decisions, policies or regulation made under the Farm Products Marketing Act and the Milk Act may appeal the matter to the Tribunal:

    1.  Any order, direction, decision or policy made by a Director.

    2.  Any order, direction, decision, policy or regulation made by a local board or marketing board.

    3.  An order, direction or decision made by the Commission that applies specifically to the aggrieved person, to a group of persons of which the aggrieved person is a member or with respect to a particular dispute or incident involving the aggrieved person.

Commission matters not subject to appeal

   (2)  For greater certainty, a regulation or policy made by the Commission under the Farm Products Marketing Act or the Milk Act or an order, direction or decision of the Commission under either of those two Acts that is of general application shall not be the subject of an appeal before the Tribunal but may be subject to reconsideration by the Commission under section 17.

Notice

   (2.1)  A person shall commence an appeal to the Tribunal by filing a written notice of appeal with the Tribunal and sending a copy of the notice to the Director, the Commission, the local board or marketing board, as the case may be.

   (4)  Subsection 16 (3) of the Act is amended by striking out “subsection (1) or (2)” and substituting “subsection (2.1)”.

   (5)  Subsection 16 (4) of the Act is amended by striking out “subsection (1) or (2)” and substituting “subsection (2.1)”.

   (6)  Subsection 16 (6) of the Act is amended by striking out “subsection (1) or (2)” and substituting “subsection (1)”.

   (7)  Subsection 16 (7) of the Act is amended by striking out “subsection (1) or (2)” and substituting “subsection (2.1)”.

   (8)  Subsection 16 (8) of the Act is repealed and the following substituted:

Notice of hearing

   (8)  In an appeal under subsection (1), the Tribunal shall, within 10 days after the notice referred to in subsection (2.1) is received, send notice to the person making the appeal and to any body entitled to receive notice under subsection (7) or the Director, as the case may be, of the date, time and place at which the appeal will be heard. 

   (9)  Subsection 16 (11) of the Act is amended by striking out “subsection (1) or (2)” and substituting “subsection (1)”.

   (10)  Section 16 of the Act is amended by adding the following subsection:

Transition

   (16)  If an appeal is filed with the Tribunal on or before the day subsection 6 (3) of Schedule 1 to the Open for Business Act, 2010 comes into force and the appeal relates to a matter that the Tribunal has no jurisdiction to deal with on or after that day, the Tribunal may continue to deal with the appeal as though the section was not in force.

   (11)  Section 17 of the Act is amended by adding the following subsections:

Notice of reconsiderations by Commission

   (7)  If the Commission is requested to reconsider a regulation under subsection (4) or a policy or an order, direction or decision of general application, the Commission shall send notice of its decision, and of any reasons that may be given for the decision, to the Minister and to,

  (a)  all the parties to the hearing, if a hearing is held; or

  (b)  the person who requested the reconsideration, if no hearing is held.

Same

   (8)  For the purposes of subsection (7), an order, direction or decision of general application includes any order, direction or decision other than one that,

  (a)  applies only with respect to a person or group of persons or with respect to a particular dispute or incident; or

  (b)  governs the day to day operations of a particular local board or marketing board under the Farm Products Marketing Act or the Milk Act.

Timing of notice of decision

   (9)  A notice of decision shall be sent under subsection (7) within a reasonable time after the hearing is complete and, if no hearing is held, within a reasonable time after receipt of the request for reconsideration.

   (12)  Section 18 of the Act is repealed and the following substituted:

Review of decisions of Tribunal, Commission

   18.  (1)  The Minister may review a decision of the Tribunal made under this Act and a decision of the Commission to which subsection 17 (7) applies within 30 days after receipt by the Minister of the decision of the Tribunal or of the Commission and the reasons therefore, if any, or within such longer period as may be determined by the Minister within such 30-day period.

Powers of Minister

   (2)  Upon review of a decision under subsection (1), the Minister may,

  (a)  confirm, vary or rescind the whole or any part of the decision;

  (b)  substitute for the decision of the Tribunal or of the Commission, as the case may be, such decision as the Minister considers appropriate; or

   (c)  by notice to the Tribunal or Commission, as the case may be, require it to hold a new hearing of the whole or any part of the matter appealed to the Tribunal or reconsidered by the Commission and further reconsider its decision. 

Decision is final

   (3)  Subject to subsection (4), a decision of the Tribunal or of the Commission, as the case may be, is final after the expiration of the period mentioned in subsection (1) unless the decision is varied or rescinded or a decision is substituted for the decision of the Tribunal or Commission or a new hearing is required.

Same

   (4)  A decision of the Tribunal or of the Commission that has been confirmed, varied or rescinded under clause (2) (a) or a decision of the Minister that has been substituted for the decision of the Tribunal or of the Commission under clause (2) (b) is final.

Notice by Minister

   (5)  The Minister shall give notice of his or her decision under subsection (2), together with written reasons therefor,

  (a)  to the Tribunal and to all parties to the appeal, in the case of a review of a decision of the Tribunal; and

  (b)  to the Commission and to all the parties to the reconsideration by the Commission, in the case of a review of a decision of the Commission.

Ontario Agricultural Museum Act

   7.  The Ontario Agricultural Museum Act is repealed.

Ontario Food Terminal Act

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

By-laws

   11.1  Subject to this Act and the regulations, the Board may make by-laws relating to the conduct of Board meetings and to the Board’s administrative practices and procedures.

Tile Drainage Act

   9.  Section 14 of the Tile Drainage Act is repealed and the following substituted:

Regulations, Lieutenant Governor in Council

   14.  The Lieutenant Governor in Council may make regulations defining, for the purposes of this Act, any word or expression used but not defined in this Act.

Regulations, Minister

   15.  The Minister may make regulations prescribing forms for the purposes of this Act and providing for their use.

Commencement

Commencement

   10.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Same

   (2)  Section 1, subsections 3 (3) and (4), section 4 and subsection 6 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 2
Ministry of the Attorney General

Architects Act

   1.  (1)  The English version of subsection 3 (8) of the Architects Act is amended by striking out “during pleasure” and substituting “at pleasure”.

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

Same

   (11.1)  A vacancy on the Council caused by the failure in an election under clause (2) (a) to fill a seat on the Council shall be filled by a member of the Association in accordance with the procedure set out in clause (11) (a) or (b), as the case may be, and, in the case of a member of the Council appointed in accordance with the procedure set out in clause (11) (a), the member shall be deemed to be an elected member of the Council.

   (3)  Paragraph 12 of subsection 7 (1) of the Act is repealed and the following substituted:

  12.  prescribing a proportion greater than 51 per cent for the purposes of clauses 14 (1) (b) and (2) (c) and subsection 15 (1);

   (4)  The French version of clause 11 (1) (b) of the Act is amended by striking out “société” and substituting “société de personnes”.

   (5)  Section 12 of the Act is repealed and the following substituted:

Corporation, partnership

   12.  A corporation or partnership that holds a certificate of practice may engage in the practice of architecture.

   (6)  The French version of clause 13 (1) (c) of the Act is amended by striking out “qui est citoyen ou résident permanent du Canada” and substituting “qui est citoyen ou a le statut de résident permanent au Canada”.

   (7)  Clause 14 (1) (b) of the Act is repealed and the following substituted:

  (b)  at least 51 per cent, or such greater proportion as may be prescribed by the regulations, of the voting shares and of the value of all the shares of the corporation is directly or indirectly controlled and owned by,

           (i)  members of the Ontario Association of Architects, or

          (ii)  members of the Ontario Association of Architects and members of the Association of Professional Engineers of Ontario;

   (8)  Clause 14 (1) (d) of the Act is amended by,

  (a)  striking out “full-time”; and

  (b)  adding “on a full-time basis” after “supervise and direct”.

   (9)  Clause 14 (2) (c) of the Act is repealed and the following substituted:

   (c)  at least 51 per cent, or such greater proportion as may be prescribed by the regulations, of the voting shares and of the value of all the shares of the corporation is directly or indirectly controlled and owned by,

           (i)  members of the Association of Professional Engineers of Ontario, or

          (ii)  members of the Association of Professional Engineers of Ontario and members of the Ontario Association of Architects; and

   (10)  Clause 14 (2) (d) of the Act is amended by,

  (a)  striking out “full-time”; and

  (b)  adding “on a full-time basis” after “supervise and direct”.

   (11)  Subsection 14 (3) of the Act is repealed and the following substituted:

Refusal to issue or revocation

   (3)  The Registrar may refuse to issue a certificate of practice to a corporation or may suspend or revoke a certificate of practice issued to a corporation if the Registrar is of the opinion, on reasonable and probable grounds, that the corporation fails to comply with the requirements for the issuance of the certificate of practice set out in subsection (1) or (2).

   (12)  Sections 15 and 16 of the Act are repealed and the following substituted:

Issuance of certificate of practice to partnership

   15.  (1)  The Registrar shall issue a certificate of practice to a partnership that proposes to engage in or hold itself out as engaging in the practice of architecture if the partnership applies for the certificate in accordance with the regulations and,

  (a)  at least 51 per cent, or such greater proportion as may be prescribed by the regulations, of the voting interest and of the financial interest in the partnership is directly or indirectly held by,

           (i)  one or more members of the Ontario Association of Architects,

          (ii)  one or more members of the Association of Professional Engineers of Ontario, or

         (iii)  one or more members of the Ontario Association of Architects and one or more members of the Association of Professional Engineers of Ontario;

  (b)  in the case of a partnership to which subclause (a) (ii) applies, the partnership employs at least one member of the Ontario Association of Architects who will personally supervise and direct on a full-time basis the practice of architecture by the partnership; and

   (c)  in the case of a partnership to which subclause (a) (ii) or (iii) applies, the partnership holds a general certificate of authorization.

Exclusion

   (2)  Sections 3.2, 3.3 and 3.4 of the Business Corporations Act do not apply to a corporation that is a partner in a partnership that has been issued a certificate of practice under this section.

Refusal to issue or revocation

   (3)  The Registrar may refuse to issue a certificate of practice to a partnership or may suspend or revoke a certificate of practice issued to a partnership if the Registrar is of the opinion, on reasonable and probable grounds, that the partnership fails to comply with the requirements for the issuance of the certificate of practice set out in subsection (1).

   (13)  Clause 18 (b) of the Act is amended by adding “on a full-time basis” after “supervise and direct”.

   (14)  Subsection 20 (1) of the Act is amended by striking out “a partnership of corporations” in the portion before clause (a).

   (15)  Clauses 20 (1) (b) and (c) of the Act are repealed and the following substituted:

  (b)  in the case of a partnership, of a member or employee of the partnership or of an officer, director or employee of a member of the partnership; or

   (16)  Subsection 20 (1) of the Act is amended by striking out “partnership of corporations” in the portion after clause (d).

   (17)  Section 21 of the Act is repealed.

   (18)  Subsection 22 (1) of the Act is repealed and the following substituted:

Supervision by architect

   (1)  It is a condition of every certificate of practice held by a corporation or a partnership that the holder of the certificate of practice shall provide services that are within the practice of architecture only under the personal supervision and direction, on a full-time basis, of a member of the Association who is,

  (a)  in the case of a corporation, an officer, director or employee of the corporation; or

  (b)  in the case of a partnership, a member or employee of the partnership or an officer, director or employee of a member of the partnership.

   (19)  Subsection 23 (1) of the Act is amended by adding “or” at the end of clause (a) and by striking out clause (b).

   (20)  The French version of clause 23 (1) (c) of the Act is amended by striking out “société” and substituting “société de personnes”.

   (21)  Subsection 23 (1) of the Act is amended by striking out “partnership of corporations” in the portion after clause (c).

   (22)  Subsection 23 (4) of the Act is repealed and the following substituted:

Non-application of s. 22

   (4)  Section 22 does not apply to a corporation or partnership that is issued a certificate of practice under subsection (1).

   (23)  Section 26 of the Act is amended by striking out “corporation” wherever it appears and substituting in each case “corporation or partnership”.

   (24)  Subsection 32 (2) of the Act is amended by striking out “ninety” and substituting “150”.

   (25)  Subsection 44 (1) of the Act is amended by,

  (a)  striking out “corporation” wherever it appears and substituting in each case “corporation or partnership”; and

  (b)  striking out “subsisting”.

   (26)  Subsection 44 (2) of the Act is amended by striking out “corporation” wherever it appears and substituting in each case “corporation or partnership”.

   (27)  Subsection 46 (4) of the Act is amended by striking out “Every corporation” at the beginning and substituting “Every person”.

   (28)  The French version of subsection 46 (6) of the Act is amended by striking out “un associé ou un employé d’une société, tout associé de la société” and substituting “un membre ou un employé d’une société de personnes, tout membre de celle-ci”.

   (29)  Section 48 of the Act is amended by striking out “subsisting”.

   (30)  Section 49 of the Act is repealed and the following substituted:

Service, delivery

   49.  (1)  A document required under this Act to be served on or delivered to a person may be served or delivered by,

  (a)  leaving a copy with the person;

  (b)  mailing a copy to the person’s last known address;

   (c)  faxing a copy to the fax number indicated for the person in the Association’s records in accordance with subsections (3) and (4); or

  (d)  e-mailing a copy to the e-mail address indicated for the person in the Association’s records in accordance with subsection (5).

By mail

   (2)  Service or delivery of a document by mail is deemed to be effective on the 10th day following the date of mailing, unless the person receiving the document establishes that he or she, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, did not receive the document, or received the document on a later date.

By fax

   (3)  A document that is served or delivered by fax shall include a cover page indicating,

  (a)  the sender’s name, address and telephone number;

  (b)  the name of the person receiving the document;

   (c)  the date and time of transmission;

  (d)  the total number of pages transmitted, including the cover page;

  (e)  the fax number of the sender; and

    (f)  the name and telephone number of a person to contact in the event of transmission problems.

Same

   (4)  A document of 16 pages or more, including the cover page and the backsheet, may be served or delivered by fax only between 4 p.m. and 8 a.m. the following day, unless the person receiving the document gives prior consent.

By e-mail

   (5)  The e-mail message to which a document served or delivered by e-mail is attached shall include,

  (a)  the sender’s name, address, telephone number, fax number and e-mail address;

  (b)  the date and time of transmission; and

   (c)  the name and telephone number of a person to contact in the event of transmission problems.

When effective, fax or e-mail

   (6)  Service or delivery of a document by fax or by e-mail under this section is effective on the day the document is faxed or e-mailed to the recipient.

Application to Association

   (7)  This section applies with necessary modifications to service or delivery of a document on or to the Association, a committee of the Association or the Registrar, except that service or delivery by e-mail is effective only if an acceptance of the service or delivery containing the date of acceptance is provided by e-mail to the sender, and the effective date of the service or delivery is deemed to be the date of acceptance indicated in the acceptance e-mail.

Construction Lien Act

   2.  (1)  Clause (a) of the definition of “home buyer” in subsection 1 (1) of the Construction Lien Act is amended by striking out “section 53 of the Condominium Act” and substituting “section 81 of the Condominium Act, 1998”.

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

“improvement” means, in respect of any land,

  (a)  any alteration, addition or repair to the land,

  (b)  any construction, erection or installation on the land, including the installation of industrial, mechanical, electrical or other equipment on the land or on any building, structure or works on the land that is essential to the normal or intended use of the land, building, structure or works, or

   (c)  the complete or partial demolition or removal of any building, structure or works on the land; (“améliorations”)

   (3)  The French version of clause 32 (2) (a) of the Act is amended by striking out “le domicile élu” and substituting “l’adresse aux fins de signification”.

   (4)  The Act is amended by adding the following section:

Notice of intention to register in accordance with the Condominium Act, 1998

Definitions

   33.1  (1)  In this section,

“declaration” means a declaration as defined in the Condominium Act, 1998; (“déclaration”)

“description” means a description as defined in the Condominium Act, 1998; (“description”)

“registered” means registered as defined in the Condominium Act, 1998. (“enregistré”)

Notice required

   (2)  An owner of land described in a description that is intended to be registered together with a declaration in accordance with the Condominium Act, 1998 shall publish notice of the intended registration in a construction trade newspaper at least five and not more than 15 days, excluding Saturdays and holidays, before the description is submitted for approval under subsection 9 (3) of the Condominium Act, 1998.

Contents

   (3)  The notice shall be in the prescribed form and shall include,

  (a)  the owner’s name and address for service;

  (b)  a concise overview of the land described in the description, including reference to the lot and plan number and the parcel number or numbers of the land; and

   (c)  if, to the best of the owner’s knowledge, information and belief, a contractor supplied services or materials to an improvement in respect of the land during the 90-day period preceding the day on which the description is to be submitted for approval under subsection 9 (3) of the Condominium Act, 1998, the contractor’s name, address and, if known, address for service.

Liability for failure to comply

   (4)  An owner who fails to comply with this section is liable to any person entitled to a lien who suffers damages as a result.

   (5)  Clause 34 (1) (b) of the Act is amended by striking out “together with the affidavit of verification required by subsection (6)” at the end.

   (6)  Subsection 34 (2) of the Act is amended by striking out “and affidavit”.

   (7)  Subsections 34 (3) and (4) of the Act are amended by striking out “and affidavit” wherever it appears.

   (8)  The French version of clause 34 (5) (a) of the Act is amended by striking out “le domicile élu” and substituting “l’adresse aux fins de signification”.

   (9)  Subsection 34 (6) of the Act is repealed.

   (10)  Subsection 34 (8) of the Act is amended by striking out “but where more than one lien is included in one claim, each person’s lien shall be verified by affidavit as required by subsection (6)” at the end.

   (11)  Subsection 40 (1) of the Act is repealed and the following substituted:

Cross-examination on claim for lien

   (1)  Any of the following persons is liable to be cross-examined without an order on a claim for lien at any time, regardless of whether an action has been commenced:

    1.  The lien claimant.

    2.  An agent or assignee of the lien claimant.

    3.  A trustee of the workers’ trust fund, where subsection 81 (2) applies.

   (12)  Subsection 44 (9) of the Act is amended by adding the following paragraph:

    4.  A lien claimant whose lien is sheltered, in accordance with subsection 36 (4), under the lien that was the subject of the order may proceed with an action to enforce the sheltered lien as if the order had not been made.

   (13)  Subsection 47 (2) of the Act is amended by adding “subject to paragraph 4 of subsection 44 (9)” at the end.

Execution Act

   3.  (1)  The definition of “execution” in section 1 of the Execution Act is repealed.

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

“execution creditor” includes a person in whose name or on whose behalf a writ of execution is issued on a judgment, or in whose favour an order has been made for the seizure and sale of personal property, real property or both real property and personal property; (“créancier saisissant”)

“execution debtor” includes a person against whom a writ of execution is issued on a judgment or an order has been made for the seizure and sale of personal property, real property or both real property and personal property; (“débiteur saisi”)

“judgment creditor” means a person, whether plaintiff or defendant, who has recovered judgment against another person, and includes a person entitled to enforce a judgment; (“créancier judiciaire”)

“judgment debtor” means a person, whether plaintiff or defendant, against whom a judgment has been recovered; (“débiteur judiciaire”)

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

“sheriff” means a sheriff referred to in section 73 of the Courts of Justice Act who has been appointed under Part III of the Public Service of Ontario Act, 2006; (“shérif”)

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

“writ of execution” includes,

  (a)  a writ of seizure and sale,

  (b)  a writ of seizure and sale of land,

   (c)  a writ of seizure and sale of personal property,

  (d)  a writ of sequestration,

  (e)  a subsequent writ that may issue for giving effect to a writ listed in any of clauses (a) to (d),

    (f)  an order for seizure and sale of personal property, real property or both real property and personal property,

  (g)  any other process of execution issued out of the Superior Court of Justice or the Ontario Court of Justice having jurisdiction to grant and issue warrants or processes of execution. (“bref d’exécution forcée”)

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

Principal residence of debtor

   (2)  The principal residence of a debtor is exempt from forced seizure or sale by any process at law or in equity if the value of the debtor’s equity in the principal residence does not exceed the prescribed amount.

Principal residence exceeding exempted value

   (3)  Despite subsection (2), if the value of the debtor’s principal residence exceeds the prescribed amount, the principal residence is subject to seizure and sale under this Act.

Medical devices, etc.

   (4)  Aids and devices owned by a debtor that are required by the debtor or the debtor’s dependants to assist with a disability or a medical or dental condition are exempt from forced seizure or sale by any process at law or in equity.

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

Exemptions

   (1)  The following personal property of a debtor that is not a corporation is, at the option of the debtor, exempt from forced seizure or sale by any process at law or in equity:

    1.  Necessary clothing of the debtor and the debtor’s dependants.

    2.  Household furnishings and appliances that are of a value not exceeding the prescribed amount.

    3.  Tools and other personal property of the debtor, not exceeding the prescribed amount in value, that are used by the debtor to earn income from the debtor’s occupation.

    4.  One motor vehicle that is of a value not exceeding the prescribed amount.

    5.  Personal property prescribed by the regulations that is of a value not exceeding the prescribed amount.

Personal property exceeding exempted value

   (1.1)  Despite paragraphs 2, 3, 4 and 5 of subsection (1), if the value of the personal property exceeds the prescribed amount for the property, the property is subject to seizure and sale under this Act.

   (7)  Section 3 of the Act is repealed and the following substituted:

Sale and refund of amount of exemption, household furnishings, etc.

   3.  (1)  If an exemption is claimed for household furnishings or an appliance that has a sale value in excess of the sum of the amount prescribed for the purpose of paragraph 2 of subsection 2 (1) and the costs of the sale, and other personal property is not available for seizure and sale, the furnishings or appliance are subject to seizure and sale under a writ of execution and the prescribed amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale.

Same, motor vehicle

   (2)  If an exemption is claimed for a motor vehicle that has a sale value in excess of the sum of the amount prescribed for the purpose of paragraph 4 of subsection 2 (1) and the costs of the sale, the motor vehicle is subject to seizure and sale under a writ of execution and the prescribed amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale.

Election to receive proceeds from sale of tools

   (3)  A debtor may, in lieu of claiming an exemption for tools or other personal property referred to in paragraph 3 of subsection 2 (1), elect to receive the proceeds from the sale of the tools or property up to the prescribed amount referred to in that paragraph.

Same

   (4)  If subsection (3) applies, the sheriff shall pay to the debtor the prescribed amount referred to in paragraph 3 of subsection 2 (1) out of the net proceeds of the sale or, if the proceeds are equal to or less than the prescribed amount, the total amount of the net proceeds.

   (8)  Section 4 of the Act is amended by striking out “subsection 3 (1), (2) or (3)” and substituting “subsection 3 (1), (2) or (4)”.

   (9)  Section 5 of the Act is repealed and the following substituted:

Selection of exempt personal property by execution debtor

   5.  (1)  Subject to section 2, the execution debtor is entitled to select, from his or her personal property, the personal property he or she claims as exempt from forced seizure and sale.

If execution debtor is deceased

   (2)  If an execution debtor dies before the seizure and sale of his or her personal property, the following rules apply:

    1.  A selection made by the debtor in accordance with subsection (1) before death remains valid after death and may not be changed by an executor, administrator or heir of the debtor.

    2.  If the execution debtor dies before making or completing the selection under subsection (1), the selection or remaining selection shall be made as follows:

            i.  If the deceased debtor has a surviving spouse, the surviving spouse shall make the selection.

           ii.  If there is no surviving spouse, a surviving dependant of the debtor shall make the selection.

          iii.  If there is no surviving spouse or dependant, the family of the debtor shall make the selection.

          iv.  If any person entitled to make the selection under this section is a minor, the guardian of that person shall make the selection for him or her.

Limit on exemption

   (3)  The total quantity and total value of personal property of an execution debtor that may be claimed as exempt by a person mentioned in subsection (2) and by the execution debtor before death must not exceed the quantity and value of property that would have been exempt property to just the execution debtor. 

Onus

   (4)  The onus of proof that the requirements of this section are satisfied is on the person claiming the exemption.

   (10)  Section 6 of the Act is repealed.

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

Rules concerning exemptions

Personal property for which debt was incurred

   (1)  The provisions of this Act with respect to exemptions do not apply to personal property that is exempt from seizure to satisfy a debt contracted for the purchase of the personal property, unless the personal property is furnishings required to maintain a functional household or ordinary wearing apparel of the debtor or his or her dependants.

   (12)  Subsection 7 (4) of the Act is repealed and the following substituted:

Selection of exempt property

   (4)  A judgment debtor shall select the personal property that is exempt from seizure under section 2 in accordance with the regulations.

   (13)  Subsection 8 (1) of the Act is repealed.

   (14)  Subsection 8 (2) of the Act is repealed.

   (15)  Section 9 of the Act is amended by adding the following subsection:

Exception

   (2)  Subsection (1) does not apply to permit the seizure and sale of real property held by another person in trust for the execution debtor if the writ of execution authorizes only the seizure and sale of personal property.

   (16)  Section 10 of the Act is repealed and the following substituted:

When writs of execution are binding

Against personal property

   10.  (1)  A writ of execution against real property and personal property or against only personal property and any renewal of it binds the personal property against which it is issued from the time it is filed with the sheriff and entered into the electronic database maintained by the sheriff as the index of writs of execution.

Execution issued out of Small Claims Court

   (2)  Despite subsection (1), a writ of seizure and sale of personal property issued out of the Small Claims Court,

  (a)  is not entered into the electronic database maintained as the index of writs of execution; and

  (b)  is binding on personal property of the execution debtor only from the time the personal property is seized.

Exception, purchaser in good faith

   (3)  Despite subsection (1), no writ of execution against personal property, other than bills of sale and instruments in the nature of chattel mortgages, prejudices the title to the personal property if the personal property is acquired by a person in good faith and for valuable consideration unless the person had notice at the time of acquiring title to the personal property that a writ of execution under which the personal property of the execution debtor might be seized or attached has been filed with the sheriff and remains unexecuted.

Real property

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

    1.  Enter the writ, renewal or certificate of lien, as the case may be, in the electronic database maintained by the sheriff as the index of writs of execution.

    2.  Indicate in the electronic database that the writ, renewal or certificate of lien, as the case may be, affects real property governed by the Land Titles Act.

Index of writs of execution

   (5)  As part of maintaining the electronic database that is the index of writs of execution, the sheriff shall do the following:

    1.  Assign consecutive numbers in the electronic database to each writ and certificate of lien in the order in which the writs and certificates of lien are entered in the database.

    2.  Note in the electronic database the effective date of each writ, renewal of a writ and certificate of lien.

    3.  Give access to the electronic database to the land registrar of each land titles division wholly or partially within the sheriff’s jurisdiction.

Effective date of writ, etc.

   (6)  Subject to section 11 and the Land Titles Act, a writ of execution, a renewal of it or a certificate of lien under the Bail Act binds the lands against which it is issued from the effective date of the writ, renewal or certificate noted in the electronic database maintained by the sheriff as the index of writs of execution.

Same

   (7)  The date of receiving a writ, a renewal of it or a certificate of lien referred to in clause 136 (1) (d) of the Land Titles Act is deemed to be the effective date referred to in subsection (6).

   (17)  Subsection 11 (3) of the Act is repealed and the following substituted:

Declaration not applicable re seizure and sale of personal property

   (3)  For the purposes of the seizure and sale of personal property, the name of the execution debtor set out in the writ of execution is not deemed to contain the given names affirmed in the declaration filed under clause (1) (b).

   (18)  Section 12 of the Act is repealed.

   (19)  The French version of section 13 of the Act is amended by striking out “biens personnels” and substituting “biens meubles”.

   (20)  The Act is amended by adding the following section:

Definitions re ss. 14, 15, 16 and 19

   13.1  In sections 14, 15, 16 and 19, “endorsement”, “entitlement order”, “instruction”, “issuer”, “securities intermediary”, “security” and “security entitlement” have the meanings given to those terms in the Securities Transfer Act, 2006.

   (21)  Subsection 14 (4) of the Act is repealed.

   (22)  Subsection 16 (4) of the Act is amended by striking out “the sheriff” in the portion before paragraph 1 and substituting “the execution creditor”.

   (23)  Subsection 16 (5) of the Act is amended by striking out “The sheriff” at the beginning and substituting “The execution creditor”.

   (24)  Subsections 17 (1) and (2) of the Act are repealed and the following substituted:

Rights under patent of invention

   (1)  All rights under letters patent of invention and any equitable or other right, property, interest or equity of redemption therein shall be deemed to be personal property and may be seized and sold under execution in like manner as other personal property, subject to such limitations as may be imposed under an Act of Parliament.

How seizable

   (2)  A seizure and sale referred to in subsection (1) may be made by the sheriff after a writ of execution is filed with the sheriff against the property of the debtor who is the owner of or has an interest in the letters patent.

   (25)  Subsection 17 (3) of the Act is amended by striking out “the Patent Office, Ottawa” and substituting “the office in which the right or interest is registered”.

   (26)  The French version of section 18 of the Act is amended by,

  (a)  striking out “des objets mobiliers, des biens meubles ou des biens personnels” and substituting “des objets ou des biens meubles”; and

  (b)  striking out “des objets mobiliers décernée par la Cour” and substituting “des objets prononcée par la Cour”.

   (27)  Section 18 of the Act is amended by adding the following subsection:

Sheriff to determine manner of sale

   (2)  The sheriff may effect a sale referred to in subsection (1) in such manner as the sheriff considers appropriate in the circumstances.

   (28)  Section 19 of the Act is repealed and the following substituted:

Seizure of money, negotiable instruments, book debts, etc.

Application

   19.  (1)  This section does not apply in respect of the interest of an execution debtor in a security or security entitlement that is subject to seizure under section 14.

Right of seizure

   (2)  The sheriff may seize money and banknotes belonging to an execution debtor and any of the following money and property:

    1.  At the request of the execution creditor, any surplus from a previous execution against the execution debtor.

    2.  Any instrument held by the execution debtor that is a negotiable instrument when in the possession of the sheriff.

    3.  Any instrument that is a mortgage referred to in section 23, a specialty or another security for money held by the execution debtor.

    4.  Accounts receivable held by the execution debtor and any other chose in action held by the execution debtor.

Legal action to collect

   (3)  Subject to subsection (4), if, after seizure by the sheriff of property described in paragraph 2, 3 or 4 of subsection (2), the sheriff notifies the execution creditor that payment has not been made as required, the execution creditor may sue on behalf of the sheriff for the recovery of the amount payable.

Sale by sheriff

   (4)  If the sheriff is of the opinion that an attempt to enforce payment would be less beneficial to creditors than a sale of the instrument, accounts receivable or chose in action, the sheriff may effect a sale in such manner as the sheriff considers appropriate in the circumstances.

Effect of payment

   (5)  The payment to the sheriff of an amount by a person in respect of property described in paragraph 2, 3 or 4 of subsection (2) discharges that person from liability to pay that amount to the execution debtor.

   (29)  The French version of subsection 21 (2) of the Act is amended by striking out “biens personnels” and substituting “biens meubles”.

   (30)  Section 22 of the Act is repealed and the following substituted:

Sheriff not required to seize personal property claimed by third parties

   22.  Unless ordered to do so by a judge of the Superior Court of Justice, a sheriff is not required to seize personal property that is in the possession of a third person who is claiming it and that is not in the possession of the debtor against whose property the writ of execution was issued.

   (31)  Section 23 of the Act is repealed and the following substituted:

Seizure of interest of mortgagee

   23.  (1)  If an execution creditor is aware that the execution debtor holds a mortgage of real property that is registered, or that the debtor is entitled to receive a sum of money secured by a charge on real property that is a registered instrument, the execution creditor may provide the sheriff with a written direction to seize the mortgage or the debtor’s rights under the instrument and such other information as is necessary to enable the sheriff to give a notice to the land registrar in whose office the mortgage or instrument is registered that the sheriff is seizing and taking in execution all of the estate, right, title and interest of the execution debtor under the mortgage or instrument.

Effect of registration of sheriff’s notice to registrar

   (2)  On registration of the notice,

  (a)  the rights and interest of the execution debtor under the mortgage or instrument in the real property to which it relates and in the debt secured by the mortgage or charge are bound by the execution;

  (b)  notice of the execution and seizure is deemed to be given to all persons who may in any way subsequently acquire an interest in the mortgage, in the real property, in the debt secured by the mortgage or charge or in the covenants in the mortgage or charge for securing payment; and

   (c)  subject to section 24, the rights of the sheriff and of the execution creditor have priority over the rights of all persons referred to in clause (b) as regards the mortgagor or person liable to pay the money secured by the mortgage or charge.

   (32)  Section 24 of the Act is repealed and the following substituted:

Notice to mortgagor

   24.  (1)  On registration of the notice referred to in section 23, the sheriff shall serve a notice of the seizure on the mortgagor.

Service

   (2)  A notice under subsection (1) may be served,

  (a)  by personal service;

  (b)  by leaving a copy of the notice with a person who appears to be an adult at the last known address of the person to be served; or

   (c)  by sending a copy of the notice by registered mail to the last known address of the person to be served.

Payment to the sheriff

   (3)  After being served with a notice under subsection (1), the mortgagor shall pay to the sheriff,

  (a)  any amount then payable but not yet paid by the mortgagor to the execution debtor; and

  (b)  all amounts as and when they would otherwise become due by the mortgagor to the execution debtor, until advised by the sheriff that the execution has been satisfied.

Valid discharge

   (4)  Payment by the mortgagor to the sheriff of the amounts payable under the mortgage or other instrument is a valid discharge as against the execution debtor for the amounts paid.

Payment made after notice to mortgagor

   (5)  Any payment made by the mortgagor under the seized mortgage or the instrument to the execution debtor after receiving the notice under subsection (1) or at a time when the mortgagor had actual knowledge of the seizure is void as against the sheriff and the execution creditor.

Definition

   (6)  In this section,

“mortgagor” includes a person who is liable to pay money secured by a mortgage or charge.

   (33)  Section 25 of the Act is repealed and the following substituted:

Enforcing mortgage

   25.  In addition to the remedies provided in this Act, the execution creditor has the same rights as a mortgagee in respect of a seized mortgage, including any right to bring an action on the mortgage or other instrument seized under this Act for the sale or foreclosure of the real property subject to the mortgage or charge.

   (34)  Section 26 of the Act is repealed and the following substituted:

Seizure continues until writ expires, etc.

   26.  (1)  When the rights of a debtor under a mortgage or other instrument are seized under section 23, the seizure,

  (a)  continues in effect until the writ of execution expires or is withdrawn; and

  (b)  is deemed to be vacated when the writ of execution expires or is withdrawn.

Vacating the seizure

   (2)  On receipt of a written direction from an execution creditor or on the order of the court, the sheriff or the execution creditor shall prepare and give to the execution debtor or another interested person a certificate in a form approved by the Attorney General which, upon registration, vacates the seizure.

   (35)  The French version of subsection 27 (5) of the Act is repealed and the following substituted:

Versement effectué après l’avis

   (5)  Est inopposable au shérif ou au créancier saisissant tout versement effectué au créancier garanti après la signification de l’avis de saisie conformément au paragraphe (3) ou après que le débiteur a eu connaissance réelle de la saisie.

   (36)  Section 30 of the Act is repealed.

   (37)  Section 33 of the Act is repealed.

   (38)  Section 34 of the Act is repealed and the following substituted:

Jurisdiction of sheriff on annexation

   34.  (1)  The following rules apply when an area of real property in a county or district is annexed for judicial purposes to an adjoining county or district:

    1.  Subject to section 136 of the Land Titles Act, all writs of execution filed with the sheriff for the county or district to which the area is annexed that are still in force at the time of the annexation bind the real property in the annexed area from the effective date of the annexation until the execution expires or is withdrawn.

    2.  The annexed area is deemed to remain in the jurisdiction of the sheriff for the county or district of which the area was formerly a part in respect of each writ of execution that, at the time of the annexation, has been filed with that sheriff until the writ is withdrawn, expires or is renewed.

    3.  A sheriff referred to in paragraph 1 or 2 shall not take any steps to seize and sell real or personal property of an execution debtor in the annexed area until he or she notifies the other sheriff of the proposed action.

    4.  A sheriff who receives a notice under paragraph 3 shall forward to the sheriff executing the writ a certified copy of each writ of execution against the debtor,

            i.  that has been filed and is still in force, if the sheriff that is notified is the sheriff for the county or district to which the area is annexed, or

           ii.  that was filed before the annexation and is still in force, if the sheriff that is notified is the sheriff for the county or district of which the area was formerly a part.

    5.  A certified copy of a writ of execution received by a sheriff under paragraph 4 is deemed to be a writ of execution directed to the sheriff and filed with the sheriff on the date the sheriff receives the copy.

    6.  On receipt of a certified copy of a writ of execution under paragraph 4, the sheriff shall comply with subsection 136 (1) of the Land Titles Act as if the copy were a writ filed with him or her.

Liens for bail

   (2)  Subsection (1) applies to liens for bail under the Bail Act against real property in the annexed area to which the Registry Act applies in the same manner as if the certificates of lien for bail were writs of execution, except that a lien of which a certificate was delivered to the sheriff of the county or district of which the annexed area was formerly part shall expire three years after the annexation takes effect unless it is sooner discharged or a certificate is delivered to the sheriff in whose jurisdiction the real property is situate after the annexation.

Creation of regional or district municipalities or counties

   (3)  For the purposes of subsection (1), if a regional or district municipality or a county is created, the real property in it is deemed to be annexed to the regional or district municipality or county. 

   (39)  Subsection 35 (1) of the Act is repealed and the following substituted:

Regulations

   (1)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing amounts for the purposes of paragraph 2, 3, 4 or 5 of subsection 2 (1) or subsection 2 (3);

  (b)  prescribing rules and procedures governing the process for seizing and selling property that is not exempt from seizure and the process for selecting and valuing property that is exempt from seizure, including,

           (i)  procedures by which a debtor may select property that is exempt from seizure to be retained by the debtor and time limits for making such selections,

          (ii)  procedures governing the valuation process of personal property that is exempt from seizure, including rules governing when a valuation is necessary, time limits for carrying out such valuations and submitting the valuation report to the sheriff and the debtor and procedures for involving the debtor in the valuation process,

         (iii)  procedures to be followed if the personal property selected by the debtor is within the exemption amount or exceeds the exemption amount,

         (iv)  rules governing the qualifications or expertise of persons who perform valuations, requirements that must be satisfied for a person to be eligible to act as a valuator and rules governing the cost of and the payment for valuations,

          (v)  procedures to be followed if the debtor objects to the valuation.

   (40)  Subsection 35 (2) of the Act is amended by striking out “subsection (1)” and substituting “clause (1) (a)”.

   (41)  Subsection 35 (3) of the Act is repealed and the following substituted:

Change in Consumer Price Index to be considered

   (3)  In making a regulation under clause (1) (a), the Lieutenant Governor in Council shall consider the percentage change that has taken place in the Consumer Price Index for Canada for prices of all items since the last time amounts were prescribed for the purposes of paragraphs 2, 3, 4 and 5 of subsection 2 (1) and subsection 2 (3).

   (42)  The Act is amended by adding the following sections:

Forms

   36.  The Attorney General may approve the use of forms for any purpose of this Act, specify the procedure for the use of the forms and require their use for any purpose of this Act.

Application of Creditors’ Relief Act, 2010

   37.  The money and proceeds from property received by a sheriff under an execution or as a result of executing a writ of execution shall be applied and distributed by the sheriff in accordance with the Creditors’ Relief Act, 2010.

Law Society Act

   4.  (1)  Subsections 49 (1) and (3) the Law Society Act are amended by striking out “continuing legal education” wherever it appears and substituting in each case “continuing professional development”.

   (2)  Section 51 of the Act is amended by adding the following subsection:

Same

   (10.1)  In establishing a committee for the purposes of subsection (10), Convocation may appoint to the committee one or more members of the Paralegal Standing Committee who are licensed to provide legal services in Ontario.

   (3)  Subsection 60 (1) of the Act is amended by striking out “continuing legal education” at the end and substituting “continuing professional development”.

   (4)  Paragraph 24 of subsection 62 (0.1) of the Act is amended by striking out “continuing legal education” wherever it appears and substituting in each case “continuing professional development”.

Professional Engineers Act

   5.  (1)  The definition of “practice of professional engineering” in section 1 of the Professional Engineers Act is repealed and the following substituted:

“practice of professional engineering” means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment, or the managing of any such act; (“exercice de la profession d’ingénieur”)

   (2)  The definition of “provisional licence” in section 1 of the Act is amended by striking out “under subsection 14 (7)” at the end and substituting “under this Act”.

   (3)  Subsection 2 (2) of the Act is repealed.

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

Same

   (3)  No person shall be elected or appointed to the Council unless he or she,

  (a)  is a citizen of Canada or has the status of a permanent resident of Canada; and

  (b)  is resident in Ontario.

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

Deemed reappointment

   (5.1)  On the expiry of a term referred to in subsection (5), the person whose term expired is deemed to have been reappointed until his or her successor takes office.

   (6)  Paragraph 3 of subsection 7 (1) of the Act is amended by striking out “disqualifying elected members from sitting on the Council” and substituting “disqualifying members of the Council from sitting”.

   (7)  Paragraph 5 of subsection 7 (1) of the Act is amended by striking out “the Complaints Committee and the Discipline Committee” and substituting “the Complaints Committee, the Discipline Committee and the Registration Committee”.

   (8)  Paragraph 7 of subsection 7 (1) of the Act is amended by striking out “the Complaints Committee and the Discipline Committee” at the end and substituting “the Complaints Committee, the Discipline Committee and the Registration Committee”.

   (9)  Paragraph 8 of subsection 7 (1) of the Act is repealed and the following substituted:

    8.  governing persons as engineering interns under section 20.1, including setting out the academic requirements necessary for acceptance as an engineering intern and the rights and privileges of engineering interns, and prescribing and governing other classes of persons whose interests are related to those of the Association;

   (10)  Subparagraph 9 v of subsection 7 (1) of the Act is repealed and the following substituted:

           v.  the academic, experience and other requirements for the issuance of a licence or any class of licence,

         v.1  the circumstances in which the Registrar shall refer an application for a licence to a committee for the purposes of clause 14 (4) (b),

         v.2  the establishment of an engineering technologist class of limited licence, including prescribing requirements and qualifications for the issuance of an engineering technologist class of limited licence and terms and conditions that shall apply to the engineering technologist class of limited licence, and

   (11)  Subparagraph 9 vi of subsection 7 (1) of the Act is amended by adding “other” at the beginning.

   (12)  Paragraph 17 of subsection 7 (1) of the Act is amended by striking out “prescribing” at the beginning and substituting “respecting”.

   (13)  Paragraph 25 of subsection 7 (1) of the Act is repealed.

   (14)  Paragraph 33 of subsection 7 (1) of the Act is repealed.

   (15)  Paragraph 16 of subsection 8 (1) of the Act is repealed and the following substituted:

  16.  specifying the amount and requiring the payment of,

            i.  fees, including annual fees, by holders of licences, certificates of authorization, temporary licences, provisional licences and limited licences, and by engineering interns, students and members of other classes of persons prescribed under paragraph 8 of subsection 7 (1),

           ii.  fees for registration, designations, examinations and continuing education,

          iii.  fees for anything the Registrar is required or authorized to do, and

          iv.  penalties for late payment of any of the fees;

   (16)  Subsections 8 (2) and (3) of the Act are repealed and the following substituted:

By-laws effective

   (2)  Subject to subsection (3), a by-law made by the Council is effective when it is passed.

Confirmation

   (3)  A by-law passed by the Council is not effective until it is confirmed, in the manner specified by the Council, by a majority of the members of the Association, if the by-law so specifies.

   (17)  Clause 12 (3) (a) of the Act is repealed.

   (18)  Clause 12 (3) (b) of the Act is amended by adding “or limited licence holder” after “professional engineer”.

   (19)  Clause 14 (1) (a) of the Act is repealed.

   (20)  Clause 14 (1) (c) of the Act is repealed and the following substituted:

   (c)  has complied with the academic requirements specified in the regulations for the issuance of the licence, including passing such examinations as the Council sets or approves in accordance with the regulations, or is exempted by the Council from complying with the requirements;

   (21)  Subsection 14 (1) of the Act is amended by striking out “and” at the end of clause (d) and by adding the following clause:

(d.1) has complied with any other requirements specified in the regulations for the issuance of the licence; and

   (22)  Subsection 14 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Referral to committee

   (3)  The Registrar may refer the application of the applicant for the issuance of a licence,

.     .     .     .     .

   (23)  Section 14 of the Act is amended by adding the following subsection:

Same

   (4)  The Registrar shall refer an application to a committee under subsection (3) for a determination referred to in that subsection,

  (a)  if the applicant requests the referral; or

  (b)  in the circumstances specified by the regulations.

   (24)  Subsection 14 (7) of the Act is repealed.

   (25)  The French version of subsection 15 (4) of the Act is amended by striking out “qui s’appliquent au permis temporaire en vertu des règlements” at the end and substituting “prescrites par règlement qui s’appliquent au permis temporaire”.

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

Same

   (4.1)  Where a holder of a limited licence assumes responsibility for and supervises the practice of professional engineering related to the services provided by the holder of a certificate of authorization, the certificate of authorization is subject to the same terms and conditions prescribed by the regulations that apply to the limited licence.

   (27)  Subsection 15 (5) of the Act is amended by striking out “a licence or a temporary licence” and substituting “a licence, temporary licence or limited licence”.

   (28)  Subsection 15 (6) of the Act is amended by striking out “a licence or a temporary licence” wherever it appears and substituting in each case “a licence, temporary licence or limited licence”.

   (29)  Subsection 15 (7) of the Act is amended by striking out “a licence or a temporary licence” and substituting “a licence, temporary licence or limited licence”.

   (30)  Subsection 17 (1) of the Act is amended by striking out “a member of the Association or the holder of a temporary licence” at the end and substituting “a holder of a licence, temporary licence or limited licence”.

   (31)  Subsection 17 (2) of the Act is amended by,

  (a)  striking out “A member of the Association or a holder of a temporary licence” at the beginning and substituting “A holder of a licence, temporary licence or limited licence”; and

  (b)  striking out “the member of the Association or the holder of the temporary licence” at the end and substituting “the holder of a licence, temporary licence or limited licence”.

   (32)  Subsection 18 (1) of the Act is amended by striking out “provided that, in the case of a limited or provisional licence, the applicant is a Canadian citizen or has the status of a permanent resident of Canada” at the end.

   (33)  Subsection 18 (3) of the Act is amended by striking out “a temporary licence or a limited licence” at the end and substituting “a temporary licence, a provisional licence or a limited licence”.

   (34)  Subsection 18 (5) of the Act is amended by striking out “a temporary licence or a limited licence” and substituting “a temporary licence, a provisional licence or a limited licence”.

   (35)  Subsection 19 (5) of the Act is repealed and the following substituted:

Hearing

   (5)  Within 30 days after receiving a notice under subsection (3) requiring a hearing, the Registration Committee shall schedule the hearing.

   (36)  The English version of subsection 19 (6) of the Act is amended by striking out “the committee” and substituting “the Committee”.

   (37)  Subsection 19 (7) of the Act is repealed and the following substituted:

Powers of Registration Committee

   (7)  Following a hearing under this section, the Registration Committee shall make one of the following orders:

    1.  If the Committee determines on reasonable grounds that the applicant meets the requirements and qualifications of this Act and the regulations and will engage in the practice of professional engineering or in the business of providing services that are within the practice of professional engineering with competence and integrity, the Committee shall direct the Registrar to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, to the applicant.

    2.  If the Committee determines on reasonable grounds that the applicant does not meet the requirements and qualifications of this Act and the regulations, the Committee shall,

            i.  direct the Registrar to refuse to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, or to suspend or revoke the certificate of authorization issued to the applicant, as the case may be,

           ii.  exempt the applicant from any of the requirements of this Act or the regulations and direct the Registrar to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, if the Committee determines on reasonable grounds that the applicant will engage in the practice of professional engineering with competence and integrity, or

          iii.  direct the Registrar to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, subject to such terms, conditions or limitations as the Committee specifies, if the Committee determines on reasonable grounds that the terms, conditions or limitations are necessary in order to ensure that the applicant will engage in the practice of professional engineering or in the business of providing services that are within the practice of professional engineering with competence and integrity.

   (38)  Subsection 19 (10) of the Act is repealed and the following substituted:

Opportunity to show compliance

   (10)  The applicant may show or achieve compliance with the requirements for the issuance of a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, at any time before the hearing date.

   (39)  The Act is amended by adding the following section:

Registration Committee

   19.1  (1)  The Registration Committee is continued and shall be composed of the following persons appointed by the Council:

    1.  At least two persons, each of whom is either,

            i.  a member of the Council appointed by the Lieutenant Governor in Council, or

           ii.  a person who is neither a member of the Council nor a member of the Association, and approved by the Attorney General.

    2.  At least three members of the Association.

Quorum

   (2)  Three members of the Registration Committee, of whom at least one is a person referred to in subparagraph 1 i or ii of subsection (1), constitute a quorum.

Chair, vice-chair

   (3)  The Registration Committee shall name one of its members as chair, and another as vice-chair, of the Registration Committee.

Same

   (4)  Any power, duty or function of the chair of the Registration Committee may be exercised by the vice-chair, if the chair is absent or unable to act.

   (40)  The Act is amended by adding the following section:

Engineering interns

   20.1  (1)  The Registrar shall accept as an engineering intern any applicant for a licence, if,

  (a)  in submitting the application for a licence, the applicant requests in writing to become an engineering intern;

  (b)  the applicant is enrolled in the Association’s engineering intern training program; and

   (c)  the applicant meets the academic requirements prescribed by the regulations.

Revocation for non-payment

   (2)  The Registrar may revoke a person’s status as an engineering intern for non-payment of any fee that is payable by the person under this Act.

Termination

   (3)  Subject to a revocation under subsection (2), a person ceases to be an engineering intern on the earlier of the day that his or her application for a licence is finally dealt with or the day that he or she withdraws the application.

   (41)  Subsection 21 (1) of the Act is repealed and the following substituted:

Registers

   (1)  The Registrar shall maintain one or more registers containing the following information:

    1.  Every holder of a licence, certificate of authorization, temporary licence, provisional licence or limited licence.

    2.  The terms, conditions and limitations attached to every licence, certificate of authorization, temporary licence, provisional licence and limited licence.

    3.  Every revocation, suspension and cancellation or termination of a licence, certificate of authorization, temporary licence, provisional licence or limited licence.

    4.  Every person who is an engineering intern under section 20.1.

    5.  Any other information that the Registration Committee or Discipline Committee directs.

   (42)  Subsection 22 (1) of the Act is amended by striking out “any fee prescribed by the regulations or the by-laws” and substituting “any fee payable under this Act”.

   (43)  Subsection 23 (1) of the Act is repealed and the following substituted:

Complaints Committee

   (1)  The Complaints Committee is continued and shall be composed of the following persons appointed by the Council:

    1.  At least one person who is either,

            i.  a member of the Council appointed by the Lieutenant Governor in Council, or

           ii.  a person who is neither a member of the Council nor a member of the Association, and approved by the Attorney General.

    2.  At least two members of the Association.

   (44)  Subsection 23 (4) of the Act is amended by striking out “a person appointed to the Council by the Lieutenant Governor in Council” and substituting “a person referred to in subparagraph 1 i or ii of subsection (1)”.

   (45)  Subsection 25 (1) of the Act is repealed and the following substituted:

Complaints Review Councillor

   (1)  There shall be a Complaints Review Councillor who shall be appointed by Council and shall be,

  (a)  a member of the Council appointed by the Lieutenant Governor in Council under clause 3 (2) (c); or

  (b)  a person who is neither a member of the Council nor a member of the Association, and approved by the Attorney General.

   (46)  Subsection 26 (1) of the Act is amended by striking out “the Association” at the end and substituting “the Complaints Committee”.

   (47)  Section 26 of the Act is amended by adding the following subsection:

Notice of application

   (3.1)  A complainant who applies for a review under subsection (2) or (3) shall give the person complained against notice of the application.

   (48)  Subsection 26 (4) of the Act is repealed and the following substituted:

No inquiry into merits

   (4)  In an examination under subsection (1) or a review under subsection (2) or (3), the Complaints Review Councillor shall not inquire into the merits of any particular complaint made to the Complaints Committee.

   (49)  Subsection 26 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Discretionary power of Complaints Review Councillor

   (5)  The Complaints Review Councillor may decide not to make or continue a review under subsection (2) or (3) if,

.     .     .     .     .

   (50)  Clause 26 (5) (a) of the Act is amended by striking out “the Association” and substituting “the Complaints Committee”.

   (51)  Section 26 of the Act is amended by adding the following subsection:

Notice, no review

   (5.1)  If the Complaints Review Councillor decides under subsection (5) not to make or continue a review, he or she shall give notice of the decision to the Complaints Committee, to the complainant and to the person complained against.

   (52)  Subsection 26 (6) of the Act is repealed and the following substituted:

Notice of examination or review

   (6)  Before commencing an examination or review, the Complaints Review Councillor shall give notice to the Complaints Committee of his or her intention to commence the examination or review and, in the case of a review, shall also give notice to the person complained against.

   (53)  Subsection 26 (8) of the Act is amended by striking out “in respect of the Association”.

   (54)  Subsection 26 (9) of the Act is amended by striking out “in respect of the Association”.

   (55)  Subsection 26 (10) of the Act is amended by striking out “in respect of the Association” at the end and substituting “under this section”.

   (56)  Subsections 26 (11), (12), (13), (14) and (15) of the Act are repealed and the following substituted:

Duty to provide information

   (11)  On the request of the Complaints Review Councillor, a member of the Council, member of a committee of the Association or officer or employee of the Association shall give to the Complaints Review Councillor,

  (a)  any information regarding the proceedings and procedures of the Complaints Committee regarding the treatment of complaints made to it that the Complaints Review Councillor requires; and

  (b)  access to all records, reports, files and other papers and things belonging to or under the control of the member, officer or employee, or the Association, that relate to the treatment by the Complaints Committee of complaints or any particular complaint, as specified by the Complaints Review Councillor.

Report

   (12)  On completing an examination or review, the Complaints Review Councillor shall make a report of his or her findings.

Report re examination

   (13)  The Complaints Review Councillor shall give a copy of a report respecting an examination under subsection (1) to the Council and to the Complaints Committee.

Report re review

   (14)  The Complaints Review Councillor shall give a copy of a report respecting a review under subsection (2) or (3) to the Council, to the Complaints Committee, to the complainant and to the person complained against.

Report to Minister

   (15)  If the Complaints Review Councillor is of the opinion that a report made under this section should be brought to the attention of the Minister, the Complaints Review Councillor shall give a copy of the report to the Minister.

   (57)  Subsection 26 (16) of the Act is amended by,

  (a)  striking out “following upon an examination or review”; and

  (b)  striking out “the Association” and substituting “the Complaints Committee”.

   (58)  Subsection 26 (17) of the Act is repealed and the following substituted:

Consideration of report by Council

   (17)  The Council shall consider every report, and any recommendations included in the report, that it receives from the Complaints Review Councillor, and shall notify the Complaints Review Councillor of any action it takes as a result.

Consideration of report by Complaints Committee

   (18)  The Complaints Committee shall consider every report, and any recommendations included in the report, that it receives from the Complaints Review Councillor, and shall notify the Complaints Review Councillor of any action it takes as a result.

   (59)  Section 27 of the Act is repealed and the following substituted:

Discipline Committee

   27.  (1)  The Discipline Committee is continued and shall be composed of the following persons appointed by the Council:

    1.  At least one elected member of the Council.

    2.  At least one member of the Association who is,

            i.  a member of the Council appointed by the Lieutenant Governor in Council, or

           ii.  not a member of the Council, and approved by the Attorney General.

    3.  At least one person who is,

            i.  a member of the Council appointed by the Lieutenant Governor in Council under clause 3 (2) (c), or

           ii.  neither a member of the Council nor a member of the Association, and approved by the Attorney General.

    4.  At least three members of the Association each of whom has at least 10 years experience in the practice of professional engineering.

Quorum

   (2)  One of each of the persons appointed under paragraphs 1, 2, 3 and 4 of subsection (1) constitute a quorum of the Discipline Committee.

Chair, vice-chair

   (3)  The Discipline Committee shall name one of its members as chair, and another as vice-chair, of the Discipline Committee.

Same

   (4)  Any power, duty or function of the chair of the Discipline Committee may be exercised by the vice-chair, if the chair is absent or unable to act.

Referral to panel

   (5)  Within 90 days after a matter is referred to the Discipline Committee for hearing and determination, the chair may,

  (a)  select a panel from among the members of the Committee that includes at least one of each of the persons appointed under paragraphs 1, 2, 3 and 4 of subsection (1);

  (b)  designate one of the members of the panel to chair it;

   (c)  refer the matter to the panel for hearing and determination; and

  (d)  set a date, time and place for the hearing.

Powers of panel

   (6)  A panel established under subsection (5) has all the powers, duties and functions of the Discipline Committee with respect to the hearing and determination of the matter referred to the panel, and a decision or order of the panel is deemed to be a decision or order of the Committee.

Majority required

   (7)  All disciplinary decisions of the Committee or of a panel established under subsection (5) require the vote of a majority of those of its members presiding over the matter.

Inability to act

   (8)  If the Discipline Committee or a panel established under subsection (5) commences a hearing and a member of the Discipline Committee required to preside over the hearing by virtue of subsection (2) or clause (5) (a), as the case may be, is unable to continue to act, the remaining members may complete the hearing despite the member’s absence, but in no case shall a hearing be presided over by fewer than three members of the Committee.

Transition

   (9)  This section, as it read immediately before the day subsection 5 (59) of Schedule 2 to the Open for Business Act, 2010 comes into force, continues to apply in respect of every hearing of the Discipline Committee or of a panel that is commenced and not concluded before that day.

Repeal

   (10)  Subsection (9) is repealed on the fourth anniversary of the day on which subsection 5 (59) of Schedule 2 to the Open for Business Act, 2010 comes into force.

   (60)  The Act is amended by adding the following section:

Reference by Council or Executive Committee

   27.1  The Council or the Executive Committee may, by resolution, refer to the Discipline Committee for hearing and determination any allegation of professional misconduct or incompetence on the part of a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence specified in the resolution.

   (61)  Clause 28 (1) (b) of the Act is amended by striking out “27” and substituting “27.1”.

   (62)  The English version of clause 28 (2) (a) of the Act is amended by adding “or” at the end.

   (63)  Subsection 32 (4) of the Act is amended by striking out “Arbitrations Act” and substituting “Arbitration Act, 1991”.

   (64)  Section 40 of the Act is amended by adding the following subsections:

Offence, use of term “Licensed Engineering Technologist”, etc.

   (3.1)  Every person who is not the holder of the engineering technologist class of limited licence prescribed under subparagraph 9 v.2 of subsection 7 (1) and who uses the title “Licensed Engineering Technologist” or “technologue en ingénierie titulaire de permis” or the initials “LET” or “TITP” in a manner that will lead to a belief that the person is the holder of the engineering technologist class of limited licence is guilty of an offence, and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000.

Offence, use of term “engineering intern”, etc.

   (3.2)  Every person who is not an engineering intern under section 20.1 and who uses any of the following terms, titles or descriptions in a manner that will lead to a belief that the person is an engineering intern under that section is guilty of an offence, and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000:

    1.  The title “engineering intern” or “stagiaire en ingénierie” or any abbreviation or variation of the title.

    2.  The initials “EIT” or “SI”.

    3.  Any other term, title or description that will lead to the belief that the person is an engineering intern under section 20.1.

   (65)  Subsection 40 (6) of the Act is amended by adding “(3.1), (3.2)” after “(3)”.

   (66)  Subsection 40 (7) of the Act is amended by adding “(3.1), (3.2)” after “(3)”.

Commencement

Commencement

   6.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Same

   (2)  The following provisions come into force on a day to be named by proclamation of the Lieutenant Governor:

    1.  Subsections 2 (4), (5), (6), (7), (9), (10), (11), (12) and (13).

    2.  Subsections 3 (6), (7), (8), (12) and (13).

    3.  Subsections 5 (2), (7), (8), (9), (13), (15), (17), (18), (24), (26), (27), (28), (29), (30), (31), (33), (39), (40), (41), (42), (59), (60), (61), (64), (65) and (66).

 

Schedule 3
Commercial Mediation Act, 2010

Purpose

   1.  The purpose of this Act is to facilitate the use of mediation to resolve commercial disputes.

Application

   2.  (1)  Subject to subsections (2), (4) and (5), this Act applies to a mediation of a commercial dispute if the mediation commences on or after the day this Act comes into force.

Agreement to opt out of or modify application of Act

   (2)  The parties to a mediation of a commercial dispute may,

  (a)  agree not to have this Act apply to the mediation; or

  (b)  subject to subsections 4 (4) and 7 (5), apply this Act with such modifications as the parties have agreed on.

Binds the Crown

   (3)  This Act binds Her Majesty in right of Ontario.

Exceptions

   (4)  This Act does not apply to,

  (a)  a mediation under or relating to the formation of a collective agreement;

  (b)  a computerized or other form of mediation in which the mediation is not conducted with an individual as the mediator;

   (c)  actions taken by a judge or arbitrator in the course of judicial or arbitral proceedings to promote settlement of a commercial dispute that is the subject of the proceedings; or

  (d)  mediations for which procedures are prescribed in the Rules of Civil Procedure made under the Courts of Justice Act.

Same, conflict of law, etc.

   (5)  This Act does not apply to the mediation of a commercial dispute to the extent that,

  (a)  this Act conflicts or is inconsistent with the requirements of another Act or a regulation made under another Act; or

  (b)  the application of this Act is excluded or modified by the regulations.

Definitions

   3.  In this Act,

“commercial dispute” means a dispute between parties relating to matters of a commercial nature, whether contractual or not, such as trade transactions for the supply or exchange of goods or services, distribution agreements, commercial representation or agency, factoring, leasing, construction of works, consulting, engineering, licensing, investment, financing, banking, insurance, exploitation agreements and concessions, joint ventures, other forms of industrial or business co-operation or the carriage of goods or passengers; (“différend commercial”)

“mediation” means a collaborative process in which,

  (a)  the parties to a commercial dispute agree to request a neutral person, referred to as a mediator, to assist them in their attempt to reach a settlement in their dispute, and

  (b)  the mediator does not have authority to impose a solution to the dispute on the parties. (“médiation”)

Interpretation

   4.  (1)  This Act is based on the United Nations Commission on International Trade Law, (UNCITRAL) Model Law on International Commercial Conciliation (2002) and, in interpreting this Act, consideration must be given to its international origin, the need to promote uniformity in its application and the observance of good faith.

Same

   (2)  In interpreting this Act, recourse may be had to,

  (a)  the Report of the United Nations Commission on International Trade Law on its 35th session; and

  (b)  the UNCITRAL Model Law on International Commercial Conciliation with Guide to Enactment and Use 2002.

Same

   (3)  If a question arises during a mediation that no provisions of this Act or the regulations expressly cover, the question is to be settled in conformity with the general principles on which the Model Law on International Conciliation is based.

Parties may not opt out of this section

   (4)  The parties to a mediation to which this Act applies may not exclude or modify the application of this section.

Mediation

Commencement

   5.  (1)  A mediation commences on the day on which the parties to a commercial dispute agree to submit the dispute to mediation.

When invitation to mediate may be considered rejected

   (2)  A party who invites another party to mediate may consider its invitation rejected if the party does not receive acceptance within 30 days after the day on which the party sent its invitation, or within the period specified in the invitation.

Termination

   (3)  The mediation terminates on the earliest of,

  (a)  the day on which the parties reach a settlement agreement;

  (b)  the day on which the parties jointly declare to the mediator that the mediation is terminated;

   (c)  the day on which the mediator, after consultation with the parties, declares that further efforts at mediation are no longer justified and that the mediation is terminated; and

  (d)  the first day that a party whose participation is necessary for the mediation to continue declares to the mediator and to the other party or parties that the mediation is terminated.

Termination of party’s participation

   (4)  A mediation may continue after the termination of a party’s participation in the mediation if the party’s participation is not necessary in order for the other parties to continue the mediation with respect to issues that are still in dispute.

Appointment of mediator

   6.  (1)  Subject to subsection (2), the mediation is to be conducted by a mediator appointed by agreement of the parties.

Same

   (2)  The parties may ask another person or entity to recommend or appoint a mediator and, if the person or entity agrees to do so, the person or entity shall make every effort to recommend or appoint a person who is impartial and independent.

Duty to disclose

   (3)  A person who is approached to be a mediator shall,

  (a)  make sufficient inquiries to determine if he or she may have a current or potential conflict of interest or if any circumstances exist that may give rise to a reasonable apprehension of bias; and

  (b)  without delay, disclose to the parties any such conflict of interest or circumstances.

Same, duty continues during mediation

   (4)  The mediator’s duty to disclose under clause (3) (b) continues until the termination of the mediation.

Same

   (5)  A person who makes a disclosure under clause (3) (b) before or while acting as a mediator may subsequently act or continue to act as the mediator only with the consent of all parties given after full disclosure of the facts and circumstances.

Interpretation

   (6)  For the purposes of this section, a person is deemed to have a conflict of interest with respect to a mediation if,

  (a)  the person has a financial or personal interest in the outcome of the mediation; or

  (b)  the person has an existing or previous relationship with a party or a person related to a party to the mediation.

Conduct of mediation, by agreement

   7.  (1)  The parties and the mediator may agree on the manner in which the mediation is to be conducted and may agree to follow a set of existing rules or procedures unless prohibited from doing so under another Act or any regulations under this or another Act.

Same, as determined by mediator

   (2)  To the extent that the parties have not agreed on the manner in which the mediation is to be conducted, the mediator may conduct the mediation in the manner the mediator considers appropriate, taking into account any requests by the parties and the circumstances of the dispute, including any need for speedy settlement.

Mediator’s authority

   (3)  The mediator may,

  (a)  meet or communicate with the parties together, separately or in any combination; and

  (b)  make proposals for settlement of the dispute at any stage of the mediation.

Obligation of fair treatment

   (4)  The mediator shall maintain fair treatment of the parties throughout the mediation, taking into account the circumstances of the dispute.

Parties may not opt out of subs. (4)

   (5)  The parties shall not modify the obligation of the mediator in subsection (4) nor relieve the mediator from the duty to comply with that subsection.

Disclosure of information between parties

   8.  (1)  A mediator may disclose to a party any information relating to the mediation that the mediator receives from another party unless that other party expressly asks the mediator not to disclose the information.

Duty to keep confidential

   (2)  Information relating to the mediation must be kept confidential by the parties, the mediator and any other persons involved in the conduct of the mediation unless,

  (a)  all the parties agree to the disclosure and, if the information relates to the mediator, the mediator agrees to the disclosure;

  (b)  the disclosure is required by law;

   (c)  the disclosure is required for the purposes of carrying out or enforcing a settlement agreement;

  (d)  the disclosure is required for a mediator to respond to a claim of misconduct; or

  (e)  the disclosure is required to protect the health or safety of any person.

Exception

   (3)  The requirement to keep information relating to the mediation confidential does not apply to information,

  (a)  that is publicly available;

  (b)  that the parties, by their conduct, do not treat as confidential; or

   (c)  that is relevant in determining if the mediator has failed to make a disclosure required under subsection 6 (3).

Admissibility of information

   9.  (1)  Subject to subsections (2) and (3), none of the following information, in any form, is discoverable or admissible in evidence in arbitral, judicial or administrative proceedings:

    1.  An invitation by a party to mediate a commercial dispute, a party’s willingness or refusal to mediate the dispute, information exchanged between the parties before the mediation commences and any agreement to mediate the dispute.

    2.  A document prepared solely for the purposes of the mediation.

    3.  Views expressed or suggestions made by a party during the mediation concerning a possible settlement of the dispute.

    4.  Statements or admissions made by a party during the mediation.

    5.  Statements or proposals for settlement made by the mediator.

    6.  The fact that a party indicated a willingness to accept a proposal for settlement made by the mediator.

    7.  The fact that a party or the mediator terminated the mediation.

Exceptions

   (2)  The information referred to in subsection (1) may be admitted in evidence to the extent required,

  (a)  by law;

  (b)  for the purposes of carrying out or enforcing a settlement agreement;

   (c)  by a mediator to respond to a claim of misconduct; or

  (d)  if all of the parties to the mediation consent and, if the information relates to the mediator, the mediator consents.

Same, to determine costs

   (3)  Information about the conduct of a party to the mediation or the conduct of the mediator may be disclosed after the final resolution of the dispute to which the mediation relates for the purpose of determining costs of the mediation or of proceedings taken because the mediation did not succeed.

Other information used in a mediation

   (4)  Except for the limitations set out in subsection (1), information created for purposes other than a mediation does not become inadmissible only because it was used in the mediation.

Application of subss. (1) and (2)

   (5)  Subsections (1) and (2) apply whether or not the arbitral, judicial or administrative proceedings relate to a dispute that is or was the subject of the mediation.

Acting as mediator and arbitrator

   10.  Unless all parties to a mediation otherwise agree, a mediator shall not act as both a mediator and an arbitrator or as an arbitrator after acting as the mediator with respect to,

  (a)  the commercial dispute that is the subject of the mediation; or

  (b)  another dispute that arises from the same contract or legal relationship or from a related contract or legal relationship between the parties.

Agreements respecting arbitral or judicial proceedings

   11.  (1)  The parties may agree not to proceed with arbitral or judicial proceedings before the mediation is terminated.

Exception

   (2)  Despite subsection (1), an arbitrator or court may permit the proceedings to proceed and may make any order necessary if the arbitrator or court considers,

  (a)  that proceedings are necessary to preserve the rights of any party; or

  (b)  that proceedings are necessary in the interests of justice.

Mediation not terminated by commencement of arbitral proceedings, etc.

   (3)  The commencement of any arbitral or judicial proceedings is not of itself to be regarded as a termination of the agreement to mediate the commercial dispute or as the termination of the mediation.

Settlement agreement binding

   12.  A settlement agreement or minutes of settlement are binding on the parties to the mediation who sign them.

Enforcement of settlement

Definitions

   13.  (1)  In this section,

“registrar” means the registrar of the Superior Court of Justice; (“greffier”)

“settlement agreement” means an agreement signed by more than one party to the mediation, or minutes of settlement signed by more than one of the parties, that disposes of one or more issues in dispute in the mediation. (“accord issu d’un règlement amiable”)

Application to judge or court

   (2)  If a party to a settlement agreement fails to comply with the terms of a settlement agreement, another party wishing to enforce the agreement may, on notice to all other parties who signed the agreement,

  (a)  apply to a judge of the Superior Court of Justice for judgment in the terms of the agreement; or

  (b)  apply to the Superior Court of Justice for an order authorizing the registration of the agreement with the court.

Application of the Rules of Civil Procedure

   (3)  The Rules of Civil Procedure made under the Courts of Justice Act apply with respect to an application under this section.

Judgment

   (4)  On an application under clause (2) (a), the judge may grant judgment in accordance with the terms of the agreement.

Order

   (5)  On an application under clause (2) (b), the registrar shall, subject to subsection (6), make an order authorizing the registration of the settlement agreement.

Same

   (6)  No judgment or order shall be granted or made if it is shown to the court that,

  (a)  a party to the mediation against whom the applicant is seeking to enforce the settlement agreement did not sign the agreement or otherwise consent to the terms of the agreement that the applicant is seeking to enforce;

  (b)  the settlement agreement was obtained by fraud; or

   (c)  the settlement agreement does not accurately reflect the terms agreed to by the parties in settlement of the dispute to which the agreement relates.

Effect of filing agreement

   (7)  On the filing of a true copy of the settlement agreement with the registrar pursuant to an order authorizing the registration of the agreement,

  (a)  the settlement agreement is registered with the court and has the same force and effect as if it were a judgment obtained and entered in the Superior Court of Justice on the date of the registration; and

  (b)  the costs of and incidental to the registration of the settlement agreement and the application for registration are recoverable as if they were sums payable under a judgment.

Costs

   (8)  The costs referred to in clause (7) (b) shall be in the amount,

  (a)  that is prescribed by the regulations or determined by the registrar in accordance with the regulations; or

  (b)  that is determined by the registrar, in his or her discretion, if no regulation under clause 15 (b) is in force at the time the settlement agreement is filed with the registrar.

Enforcement of mediator’s fees, etc.

   14.  (1)  This section applies if a settlement agreement, minutes of settlement or other written agreement or document signed by one or more parties to a mediation of a commercial dispute,

  (a)  contains an undertaking by one or more of the parties to pay the fees and expenses of the mediator for performing the functions of a mediator in the mediation; and

  (b)  sets out the amount of fees and expenses payable or the manner of calculating the fees and expenses, all the rates and other variables of which have been agreed to in the agreement, minutes or other document.

Application of s. 13

   (2)  Section 13 applies with necessary modifications if a mediator is not paid his or her fees and expenses in accordance with the settlement agreement, minutes of settlement or other written agreement or document and wishes to enforce payment.

Regulations

   15.  The Lieutenant Governor in Council may make regulations,

  (a)  excluding or modifying the application of all or part of this Act;

  (b)  prescribing the amount of costs recoverable by a party under clause 13 (7) (b) or principles to be applied by the registrar to determine the amount of those costs;

   (c)  defining any word or expression used but not defined in this Act;

  (d)  respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

Commencement

   16.  The Act set out in this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Short title

   17.  The short title of the Act set out in this Schedule is the Commercial Mediation Act, 2010.

 

Schedule 4
Creditors’ Relief Act, 2010

Definitions

   1.  (1)  In this Act,

“county” means a county or district described in section 151 of the Courts of Justice Act; (“comté”)

“judge” means, in respect of a county in which a sheriff carries out duties under this Act, a judge of the Superior Court of Justice who sits in that county. (“juge”)

Application of Execution Actdefinitions

   (2)  Terms defined in the Execution Act have the same meaning in this Act.

No priority among execution or garnishment creditors

   2.  (1)  Except as otherwise provided in this Act, there is no priority among creditors by execution or garnishment issued by the Superior Court of Justice, the Family Court of the Superior Court of Justice and the Ontario Court of Justice.

Exception, Small Claims Court

   (2)  Subsection (1) does not affect the priority of,

  (a)  a creditor by garnishment issued under the Small Claims Court Rules made under the Courts of Justice Act; or

  (b)  a creditor by writ of seizure and sale of personal property issued under the Small Claims Court Rules made under the Courts of Justice Act.

Exception, support or maintenance orders

   (3)  A support or maintenance order has the following priority over other judgment debts, other than debts owing to the Crown in right of Canada, regardless of when an enforcement process is issued or served:

    1.  If the maintenance or support order requires periodic payments, the order has priority to the extent of all arrears owing under the order at the time of seizure or attachment.

    2.  If the support or maintenance order requires the payment of a lump sum, the order has priority to the extent of any portion of the lump sum that has not been paid.

Support orders rank equally

   (4)  Support and maintenance orders rank equally with one another.

Priority if execution creditors include the Crown

   (5)  If there are no support or maintenance orders against a debtor and the Crown is an execution creditor, the priority among the execution creditors and creditors by garnishment is in the following order:

    1.  The Crown in Right of Canada, with respect to writs of execution filed on its behalf, with all such writs ranking equally with one another.

    2.  The Crown in right of Ontario with respect to writs of execution filed on its behalf, with all such writs ranking equally with one another.

    3.  All other creditors by execution or garnishment.

If federal Crown waives priority

   (6)  If the Crown in right of Canada, as represented by the Minister of Justice, provides a written waiver of the priority of the Crown in right of Canada with respect to a judgment debt for which the Crown in right of Canada would otherwise have priority, the sheriff may reassign to a support or maintenance order priority over the judgment debt, regardless of when an enforcement process is issued or served with respect to that judgment debt.

Identification re support or maintenance order

   (7)  A process for the enforcement of a support or maintenance order must be identified on its face as being for support or maintenance.

Garnishment, attachment of debt to be for benefit of all creditors

   3.  (1)  A creditor who attaches a debt by garnishment the proceeds of which are paid to the sheriff is deemed to do so for the benefit of all execution creditors of the debtor as well as his or her own benefit.

To which sheriff payment is made

   (2)  Payment of the debt is to be made to the sheriff for the county in which the debtor resides or, if the debtor resides outside the Province, to the sheriff for the county in which the proceeding that gave rise to the judgment was commenced.

Exception re garnishment in specified courts

   (3)  This section does not apply to a debt attached by garnishment in the Small Claims Court, the Ontario Court of Justice or the Family Court of the Superior Court of Justice unless, before the amount recovered by garnishment is actually paid to the creditor, an execution against the property of the debtor is filed with the sheriff for the county.

Money paid into specified courts

   (4)  When money recovered by garnishment is paid to the clerk of the Family Court of the Superior Court of Justice, the Ontario Court of Justice or the Small Claims Court, the sheriff may, on the request of an execution creditor, demand and receive the money from the clerk of the court for the purpose of distributing it to judgment creditors in accordance with this Act.

Right of attaching creditor to share with other creditors

   (5)  If a sheriff receives money under subsection (1) or pursuant to a demand under subsection (4), the garnishment creditor is entitled to share in the distribution of the money in respect of his or her claim against the debtor.

Limit on share of funds

   (6)  The garnishment creditor’s share of the money referred to in subsection (5) shall not exceed the amount recovered by the garnishment proceedings referred to in subsection (1) or from the clerk of the court under subsection (4), unless the garnishment creditor has filed a writ of execution with the sheriff before the money is distributed.

Rights of creditors re money received under execution, garnishment, etc.

Sheriff to record receipt of money

   4.  (1)  On receipt of money under an execution, by garnishment or in respect of a debt that has been attached or sold under section 15 of theAbsconding Debtors Act, the sheriff shall promptly record the amount received with respect to the debtor and the date of receipt.

Right of creditors to share

   (2)  Subject to subsections (4) and (5) and any claims having priority under section 2, the money received shall be shared proportionately among,

  (a)  all execution creditors whose executions were filed with the sheriff at the time the sheriff received the money or who filed an execution with the sheriff within a one-month period after the date the sheriff received the money; and

  (b)  the garnishment creditor, if any of the money was received by reason of garnishment proceedings, but the garnishment creditor may share only to the extent of the amount received by reason of the garnishment proceedings unless the garnishment creditor is also an execution creditor referred to in clause (a).

If sheriff receives additional money under same execution

   (3)  The following rules apply if the sheriff receives additional money from the debtor’s property or receives additional money in respect of a debt of the debtor that has been attached or sold under the same execution from which money was originally received and recorded under subsection (1):

    1.  If the money is received within the one-month period described in subsection (2), the sheriff shall promptly record the amount and the date the money is received and shall link that information to the record of the money originally received.

    2.  The additional money referred to in paragraph 1 shall be distributed under subsection (2) with the money originally received.

    3.  If the additional amount is received after the end of the one-month period described in subsection (2), the receipt of the additional money is considered to be unrelated to the original receipt of money and is dealt with under subsections (1) and (2) as if it were a new and unrelated receipt of money.

When two-month period applies

   (4)  If money referred to in subsection (1) is the proceeds of the property of an absconding debtor against whom an order of attachment was issued under the Absconding Debtors Act, every reference to “one-month period” in clause (2) (a) and subsection (3) is to be read as a reference to “two-month period”.

Limit on amount to be distributed

   (5)  The amount to be distributed to creditors described in clauses (2) (a) and (b) is subject to the following:

    1.  The retention of any amount under section 11 by reason of an objection to the proposed scheme of distribution under that section.

    2.  The payment of the costs of the creditor under whose execution an amount for distribution was received.

    3.  The payment to a creditor of the costs of garnishment proceedings if an amount for distribution was received through garnishment proceedings.

Right to share in subsequent distribution

   (6)  A creditor who has shared in a previous distribution is entitled to share in a subsequent distribution, but only to the extent of the amount remaining due to that creditor after crediting the creditor with amounts previously received.

Equality of all executions

   (7)  In distributing money under this section, creditors who have executions against personal property only, against real property only or against personal property and real property, are entitled to share rateably with all other execution creditors any money realized under any execution or attaching order.

Execution deemed not to expire

   (8)  An execution which was in force at the time the money was received by the sheriff but which would otherwise expire before the end of the one-month or two-month period, as applicable, is deemed to continue in full force and effect, with respect to the money to which that one-month or two-month period applies, until the end of that one-month or two-month period.

Public inspection

   (9)  Where technology permits, the sheriff shall make available to the public without charge the information recorded under subsection (1) and paragraph 1 of subsection (3).

Rights of creditors in case of interpleader proceedings

   5.  (1)  The following rules apply if proceedings are taken by an interested party for relief relating to interpleader:

    1.  Only those execution creditors who are parties to the proceedings and who agree to contribute proportionately to the expense of contesting any adverse claim, according to the amount of their executions, are entitled to share in any benefit that may be derived from contesting the claim.

    2.  The execution creditors referred to in paragraph 1 may share in any benefit that may be derived from contesting the claim only to the extent necessary to satisfy their executions.

Order as to carriage of proceedings

   (2)  The judge making the interpleader order may direct,

  (a)  that one execution creditor have carriage of the interpleader proceedings on behalf of all interested creditors; and

  (b)  that the costs of the proceedings be as between lawyer and client and be a first charge on the money or personal property that may be found to be applicable on the executions.

Discretion to allow filing of executions

   (3)  On an interpleader application, the judge may, on such terms as to costs and otherwise as the judge considers just, allow other judgment creditors a reasonable period of time in which to file executions with the sheriff in order to take part in the proceedings.

Effect of payment or withdrawal

   6.  (1)  Section 4, other than subsection 4 (1), does not apply if,

  (a)  without a sale by the sheriff, a debtor pays,

           (i)  the full amount owing in respect of all executions then filed with the sheriff, including costs, or

          (ii)  part of the amount owing in respect of an execution and no other executions have been filed with the sheriff;

  (b)  the money received is by reason of garnishment and is,

           (i)  sufficient to pay the full amount of the debt in respect of which the garnishment was issued and all executions then filed with the sheriff, including costs, or

          (ii)  part of the debt in respect of which the garnishment was issued and no executions have been filed with the sheriff; or

   (c)  all executions filed with the sheriff are withdrawn.

Sheriff may apply the money

   (2)  In a situation described in clause (1) (a) or (b), the sheriff shall apply the money to satisfy,

  (a)  the executions or the part of the execution, as the case may be, in the situation described in clause (1) (a); or

  (b)  the debt and the executions or the part of the debt, as the case may be, in the situation described in clause (1) (b).

Priority for costs of proceedings under Absconding Debtors Act

Application

   7.  (1)  This section applies if,

  (a)  proceedings have been taken against a debtor under the Absconding Debtors Act;

  (b)  the debtor’s property has been attached under an order of attachment before any executions have been filed with the sheriff; and

   (c)  the money received by the sheriff is all or part of the proceeds from the property.

Priority for costs

   (2)  The cost of the order of attachment or, if there is more than one, the cost of the first order of attachment filed with the sheriff and the cost of the proceedings under the Absconding Debtors Act have priority over the claims of other creditors.

Money paid into court

Application

   8.  (1)  This section applies if,

  (a)  an amount has been paid into court that belongs to an execution debtor or to which the execution debtor is entitled; and

  (b)  one or more executions have been filed with the sheriff.

Payment to the sheriff

   (2)  At the request of an execution creditor, the sheriff may, for the purpose of distribution under this Act, demand and receive from the court the amount paid into court or, if only part of that amount is necessary to satisfy all executions filed with the sheriff and any claims having priority, an amount sufficient to satisfy the executions and claims.

Receiver appointed by creditor

   9.  (1)  This section applies if a judgment creditor obtains the appointment of a receiver by way of equitable execution of property of the creditor’s debtor.

Payment into court

   (2)  The receiver shall pay into court all money received by virtue of the receivership.

Application of s. 9

   (3)  Subsection 9 (2) applies except that the judgment creditor is entitled to be paid out of that money the costs of and incidental to the receivership order and the proceedings, in priority to the claims of other creditors.

Personal property held by Small Claims Court bailiff

Application

   10.  (1)  This section applies if,

  (a)  the sheriff does not find property of an execution debtor that is sufficient to satisfy all amounts in respect of executions filed with the sheriff; and

  (b)  the sheriff is advised that the bailiff of the Small Claims Court holds personal property of the debtor or proceeds from personal property of the debtor under an execution or attachment against the debtor.

Demand and delivery

   (2)  At the request of an execution creditor, the sheriff shall demand the property or proceeds from the bailiff and the bailiff shall promptly deliver to the sheriff,

  (a)  the property or proceeds;

  (b)  a copy of every execution and attachment against the debtor that has been filed with the bailiff; and

   (c)  a memorandum showing the amount to be paid under each execution, including the bailiff’s fees, and the date when each execution and attachment was filed with the bailiff.

Priority, bailiff’s costs

   (3)  The costs and disbursements of the bailiff are a first charge on the property or proceeds and, after the costs and disbursements are assessed by the Small Claims Court clerk, the sheriff shall pay the costs and disbursements to the bailiff.

Rights of Small Claims Court execution creditors

   (4)  For the purposes of determining to whom the proceeds may be distributed, the Small Claims Court execution creditors are treated as if their executions had been filed with the sheriff.

Allocation and distribution by sheriff if amount is insufficient for all claims

Allocation

   11.  (1)  If the sheriff does not find money or property of an execution debtor that is sufficient to satisfy all amounts in respect of executions filed with the sheriff, the sheriff shall,

  (a)  allocate an amount equal to the full taxed costs and the costs of the execution to the creditor at whose instance and under whose execution the seizure was made, if the creditor is entitled to priority for those costs under this Act; and

  (b)  allocate the balance then remaining rateably among the creditors after taking into consideration any claims having priority under section 2.

Schedule of proposed distribution

   (2)  The sheriff shall prepare a schedule setting out,

  (a)  the names of the creditors entitled to share in the distribution;

  (b)  the amount due to each of the creditors for principal, interest and costs;

   (c)  the total amount available for distribution to the creditors; and

  (d)  opposite the name of each creditor, the amount the sheriff proposes to pay to that creditor on the distribution.

Service

   (3)  The sheriff shall serve a copy of the schedule on the debtor and on each creditor or the creditor’s lawyer by personal service or by sending it by regular lettermail.

Right to object

   (4)  Any person who would be affected by the distribution may object to the sheriff’s proposed allocation by advising the sheriff in writing of the objection and the facts and reasons on which the person relies in objecting.

Time limit for objecting

   (5)  An objection is valid only if it is received by the sheriff within 10 days after all the copies of the schedule have been served, or within such longer period as the judge may allow. 

If no objection received

   (6)  If no objection is received by the sheriff within the time required under subsection (5), the sheriff shall promptly distribute the money in accordance with the schedule.

Partial distribution pending resolution of objection

   (7)  If the sheriff receives an objection, the sheriff shall,

  (a)  determine the portion of the money that would not be affected if the objection were successful;

  (b)  distribute rateably among the creditors the amount determined under clause (a), after paying any claims having priority under section 2; and

   (c)  retain the balance of the money pending the resolution of the objection.

Direction by judge to seize additional money

   (8)  The judge may by order direct the sheriff to seize any additional money or property of the judgment debtor that would be required to satisfy the claim of the objector.

Authority of sheriff under order

   (9)  An order under subsection (8) confers on the sheriff the same authority as he or she would have under an execution.

Disposition of objection

Application to judge

   12.  (1)  Not more than eight days after filing an objection, the objector shall,

  (a)  apply to the judge for an order resolving the matter in dispute; and

  (b)  obtain from the court an appointment for a hearing on the matter.

Objection deemed abandoned if fail to meet time limit

   (2)  If the objector fails to make an application or obtain an appointment under subsection (1) within the required time, or within such longer period as the judge may allow, the objection is deemed to have been abandoned.

Service of appointment and notice

   (3)  The objector shall serve a copy of the appointment and a notice in writing, in a form approved by the Attorney General, that sets out his or her objection and the facts and reasons on which the objector intends to rely, on,

  (a)  the debtor, unless the debtor is the objector; and

  (b)  on each creditor or his or her lawyer, or on such of them as the judge may direct.

Application deemed abandoned

   (4)  An objector who does not comply with the requirements under the Rules of Civil Procedure relating to confirmation of the application or who does not appear at the hearing of his or her application is deemed to have abandoned the objection and application unless the court orders otherwise.

Disposition

   (5)  The judge may determine any question necessary to dispose of the objection in a summary manner, or may direct an action to be brought or an issue to be tried with or without a jury in any court, and may make such order as to the costs of the proceedings as he or she considers just.

Directions by judge to avoid unnecessary parties and trials

   (6)  If several creditors are interested in an objection, either for or against, the judge shall,

  (a)  give such directions as he or she considers just to save the expense of an unnecessary number of parties and trials, and of unnecessary procedures; and

  (b)  direct by whom and in what proportions any costs incurred in the application or in any related proceeding shall be paid and what if any costs are to be paid out of the money retained by the sheriff pending the disposition of the objection.

If objection not upheld or partially upheld

   (7)  If, as a result of the judge’s decision, a person is found not to be entitled to all or part of the amount he or she claims as a creditor, the sheriff shall allocate and distribute rateably among the remaining creditors the amount to which the person is found not to be entitled, after paying the balance of any claims having priority under section 2 that were not satisfied on the initial distribution.

If objection abandoned

   (8)  If an objection is abandoned or deemed to have been abandoned, the sheriff shall allocate and distribute the amount retained under clause 11 (7) (c) rateably among the creditors after paying the balance of any claims having priority under section 2 that were not satisfied on the initial distribution.

Effect of decisions

   13.  The decision of a judge of the Superior Court of Justice or of the Divisional Court on an appeal referred to in section 16 binds the debtor and all the debtor’s creditors, unless it appears that the decision was obtained by fraud or collusion.

Rights of subsequent execution creditors if first execution followed by a mortgage

Application

   14.  (1)  This section applies if,

  (a)  one or more executions are filed with the sheriff; and

  (b)  after at least one execution is filed with the sheriff, the debtor executes a mortgage or other charge that is otherwise valid on all or part of his or her property.

Distribution

   (2)  The following rules apply:

    1.  The sheriff may sell the encumbered property under an execution filed before the mortgage or charge was given, as if the mortgage or charge had not been given.

    2.  The sheriff shall prepare a scheme of distribution of the proceeds of sale of the encumbered property that proposes the distribution of the amount of the proceeds, before taking into consideration the amount owing under the mortgage or charge,

            i.  firstly among any creditors who have priority under section 2, and

           ii.  secondly among those creditors whose executions were filed with the sheriff before the mortgage or charge was given.

    3.  To the extent the proceeds of sale exceed the total amount plus costs that would be distributed as described in paragraph 2, the scheme of distribution must provide for the distribution to the encumbrancer of the amount owing under the mortgage or charge, or all of the remaining amount if it does not exceed the amount owing.

    4.  If proceeds would still remain after the payments proposed under paragraphs 2 and 3, the sheriff shall prepare a separate scheme of distribution of the balance among the creditors who filed executions with the sheriff after the mortgage or charge was given.

Right to object

   (3)  Section 11, other than subsection 11 (1), and sections 12 and 13 apply if a person who would be affected by a scheme of distribution under this section wishes to object to the proposed distribution.

Deposit of money in bank

   15.  (1)  When money comes into the hands of a sheriff, he or she shall deposit it in a bank designated for that purpose by the Lieutenant Governor in Council or, if no bank is designated, in a bank in which public money of Ontario may be deposited.

Special account

   (2)  The deposit shall be made in a special account in the name of the sheriff as trustee for the creditors of the debtor.

Appeal

   16.  If a party to an objection or any matter on which a judge has rendered or made a final judgment or order is dissatisfied with the judgment or order and it is with respect to a question involving a sum greater than the appeal limit for a final order of the Small Claims Court, the party may appeal from judgment or order to the Divisional Court in accordance with the rules of that court.

Powers of judge

   17.  Any proceeding erroneously taken under this Act may be set aside by a judge, with or without costs as he or she thinks fit.

Evidence on proceeding before judge

   18.  On any proceeding before the judge, the evidence may be taken orally or by affidavit as the judge may direct.

Application of Courts of Justice Act

   19.  Except where inconsistent with this Act, the Courts of Justice Act and the rules of court apply to any proceeding under this Act.

Forms

   20.  The Attorney General may approve the use of forms for any purpose of this Act, specify the procedure for the use of the forms and require their use for any purpose of this Act.

Transitional, certificate of proof of claim

   21.  The following rules apply with respect to a certificate issued to a claimant under subsection 9 (1) of the Creditors Relief Act that is still in force on the day that Act is repealed:

    1.  The certificate continues to remain in force for three years from the date of the certificate and may from time to time be renewed in the same manner as an execution.

    2.  On delivery of the certificate to the sheriff either before or after this Act comes into force, the claimant is deemed to be an execution creditor for the purposes of this Act whose execution is deemed to have been filed with the sheriff on the day the certificate is delivered to the sheriff, subject to the debt to which the certificate relates being disputed subsequently by another creditor under proceedings referred to in section 5.

    3.  For the purpose of interpleader proceedings, the certificate is deemed to be an execution.

Consequential Amendments and Repeal

Absconding Debtors Act

   22.  (1)  Subsection 9 (1) of the Absconding Debtors Act is amended by striking out “Creditors’ Relief Act” at the end and substituting “Creditors’ Relief Act, 2010”.

   (2)  Section 15 of the Act is amended by striking out “and the claims certified under the Creditors’ Relief Act”.

   (3)  Section 17 of the Act is repealed.

Assignments and Preferences Act

   23.  (1)  Subsection 12 (2) of the Assignments and Preferences Act is amended by striking out “Creditors’ Relief Act” at the end and substituting “Creditors’ Relief Act, 2010”.

   (2)  Subsection 33 (1) of the Act is repealed and the following substituted:

Distributing money and determining claims

   (1)  The assignee may take the proceedings authorized by subsections 11 (2), (3), (6) and (7) and 12 (7) and (8) and section 14 of the Creditors’ Relief Act, 2010 to be taken by a sheriff and, in that case, sections 11, 12, 13 and 14 of that Act apply with necessary modifications to proceedings for the distribution of money and determination of claims arising under an assignment made under this Act, with the substitution of “assignee” for “sheriff”, but this section does not relieve the assignee from mailing to each creditor the abstract and other information required by section 32 of this Act to be sent to creditors so far as the same is not contained in the list sent by the assignee under section 11 of the Creditors’ Relief Act, 2010.

Creditors’ Relief Act

   24.  The Creditors’ Relief Act is repealed.

Family Responsibility and Support Arrears Enforcement Act, 1996

   25.  (1)  Subsection 30 (1) of the Family Responsibility And Support Arrears Enforcement Act, 1996 is amended by striking out “Creditors’ Relief Act” and substituting “Creditors’ Relief Act, 2010”.

   (2)  Subsection 44 (3) of the Act is amended by striking out “subsection 5 (1) of the Creditors’ Relief Act” and substituting “subsection 4 (1) of the Creditors’ Relief Act, 2010”.

Forestry Workers Lien for Wages Act

   26.  Subsection 26 (1) of the Forestry Workers Lien for Wages Act is repealed and the following substituted:

Disposition of balance after sale and satisfaction of liens

   (1)  If money paid into court as the proceeds of the sale of logs or timber is more than sufficient to satisfy the claims that have been proved with interest and costs, the judge, on the motion of any creditor within 30 days from the day fixed by the order for payment, shall order that any remaining money be paid over to the sheriff who shall hold and distribute the money as provided by the Creditors’ Relief Act, 2010 in the case of money levied under execution, and all parties having claims may take the like proceedings as those provided by the Creditors’ Relief Act, 2010 for proving claims and obtaining executions.

Limitations Act, 2002

   27.  The Schedule to the Limitations Act, 2002 is amended by striking out the following:

 

Creditors’ Relief Act

subsections 12 (2) and 32 (6)

and substituting:

Creditors’ Relief Act, 2010

subsection 12 (1)

Personal Property Security Act

   28.  Subclause 20 (1) (a) (iii) of the Personal Property Security Act is amended by striking out “Creditors’ Relief Act” and substituting “Creditors’ Relief Act, 2010”.

Wages Act

   29.  Section 3 of the Wages Act is amended by striking out “Creditors’ Relief Act” and substituting “Creditors’ Relief Act, 2010”.

Commencement

   30.  The Act set out in this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Short title

   31.  The short title of the Act set out in this Schedule is the Creditors’ Relief Act, 2010.

 

Schedule 5
Ministry of Consumer Services

Business Corporations Act

   1.  (1)  Section 99 of the Business Corporations Act is amended by adding the following subsections:

Proof of status

   (1.1)  If a person claims to be a beneficial owner of shares of a corporation for the purposes of subsection (1), the corporation may require the person to provide proof that the person is a beneficial owner of shares of the corporation.

Same

   (1.2)  A written statement by a securities intermediary, as defined in the Securities Transfer Act, 2006, that a person is a beneficial owner of shares of the corporation is sufficient proof for the purposes of subsection (1.1).

   (2)  Subsection 159 (1) of the Act is amended by striking out “by two of the directors duly authorized to sign or by the director where there is only one” and substituting “of any director authorized to sign”.

   (3)  Subsection 169 (1) of the Act is repealed and the following substituted:

Proposal to amend articles

   (1)  A registered holder of shares entitled to vote, or a beneficial owner of shares that are entitled to be voted, at an annual meeting of shareholders may, in accordance with section 99, make a proposal to amend the articles.

Business Names Act

   2.  (1)  Subsection 6 (1) of the Business Names Act is repealed and the following substituted:

Liability for damages

   (1)  A person is entitled to recover compensation from a registrant for damages the person suffered by reason of the registration by the registrant of a name that is the same as or deceptively similar to,

  (a)  a name registered by the person; or

  (b)  the person’s name, even though the person is not required to register that name under this Act.

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

Same

   (2)  The compensation under each of clauses (1) (a) and (b) is limited to the greater of $500 and the actual amount of damages incurred.

Liquor Licence Act

   3.  (1)  The French version of subsection 8.1 (1) of the Liquor Licence Act is amended by striking out “la sécurité publique et l’intérêt public” and substituting “à la sécurité publique, à l’intérêt public”.

   (2)  Subsection 11 (6) of the Act is repealed.

   (3)  Section 16 of the Act is repealed and the following substituted:

Change of ownership of business or change of licensee

   16.  Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence or a change of licensee, no person shall carry on the business under the authority of the licence unless the licence is transferred by the Registrar in accordance with this Act and the regulations.

   (4)  Subsection 17 (1) of the Act is amended by adding “a licence to represent a manufacturer” after “deliver liquor”.

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

   (6)  Section 17 of the Act is amended by adding the following subsections:

Same, licence to represent a manufacturer

   (3.1)  An applicant for the transfer of a licence to represent a manufacturer is entitled to the transfer except if,

  (a)  the applicant would not be entitled to the issuance of a licence for any ground under clause 6 (2) (d), (e) or (f); or

  (b)  the Registrar has issued a notice of proposal in respect of the licence.

Same, licence to operate ferment on premise facility

   (3.2)  An applicant for the transfer of a licence to operate a ferment on premise facility is entitled to the transfer except if the applicant would not be entitled to the issuance of a licence for any ground under clauses 6 (2) (a) to (f), (g) and (g.1).

   (7)  Subsection 17 (4) of the Act is repealed and the following substituted:

Registrar to consider application

   (4)  The Registrar shall consider an application for a transfer of a licence and may,

  (a)  approve the application if the applicant is not disentitled under the applicable one of subsections (2) to (3.2); or

  (b)  issue a proposal to refuse to transfer the licence.

   (8)  The Act is amended by adding the following section:

Risk-based permit

   19.1  (1)  The Board may establish criteria for holders of permits and for premises in respect of which a permit is issued based on factors related to the risk to the public, public safety, the public interest and the risk of non-compliance with this Act and the regulations by the holder of a permit.

Potential conditions

   (2)  If the Board has established criteria under subsection (1), the Board may specify conditions that may be imposed on a holder’s permit and on the premises in respect of which the permit is issued.

Imposition of conditions

   (3)  Based on the Registrar’s assessment of risk, the Registrar may, in accordance with the criteria established by the Board, impose on the holder’s permit one or more conditions from among those specified by the Board.

Personal Property Security Act

   4.  (1)  The definition of “purchase-money security interest” in subsection 1 (1) of the Personal Property Security Act is amended by adding the following after clause (c):

but does not include a transaction of sale by and lease back to the seller.

   (2)  The following provisions of the Act are amended by striking out “ten” wherever it appears and substituting in each case “15”:

    1.  Clauses 20 (3) (a) and (b).

    2.  Clauses 33 (2) (a) and (b).

    3.  Subsection 35 (3).

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

Classification of collateral

   (2.1)  Except with respect to rights to proceeds, where a financing statement or financing change statement sets out a classification of collateral and also contains words that appear to limit the scope of the classification, then, unless otherwise indicated in the financing statement or financing change statement, the secured party may claim a security interest perfected by registration only in the class as limited.

   (4)  Section 56 of the Act is amended by adding the following subsections:

Removal of collateral classifications

   (2.2)  If a financing statement is registered under this Act and the person named in the financing statement as the secured party has not acquired a security interest in any property within one or more of the collateral classifications indicated on the financing statement, the person named in the financing statement as the debtor may deliver a written notice to the person named as the secured party demanding registration of a financing change statement referred to in section 49 to correct the collateral classifications by removing any collateral classification in which the person named as the secured party has not acquired a security interest, and the person named as the secured party shall register the financing change statement.

Limiting collateral classification

   (2.3)  If a financing statement is registered under this Act and the person named in the financing statement as the secured party has not included words limiting the scope of the collateral classification within the meaning of subsection 46 (2.1) and has acquired a security interest only in particular property within the classification, the person named in the financing statement as the debtor may deliver a written notice to the person named as the secured party demanding registration of a financing change statement referred to in section 49 to add words limiting the scope of the collateral classification, and the person named as the secured party shall register the financing change statement.  

   (5)  Subsection 56 (4) of the Act is amended by striking out “subsection (1), (2) or (2.1)” and substituting “subsection (1), (2), (2.1), (2.2) or (2.3)”.

Travel Industry Act, 2002

   5.  Subclause 8 (1) (d) (i) of the Travel Industry Act, 2002 is repealed.

Vintners Quality Alliance Act, 1999

   6.  (1)  Section 2 of the Vintners Quality Alliance Act, 1999 is amended by adding the following definitions:

“investigator” means an investigator appointed under subsection 8 (1); (“enquêteur”)

“rules” means the rules made under section 5; (“règles”)

   (2)  Sections 7 and 8 of the Act are repealed and the following substituted:

Inspections

   7.  (1)  The board of the wine authority may, in writing, appoint persons as inspectors for the purpose of conducting inspections under this section.

Proof of appointment

   (2)  Every inspector who is conducting an inspection shall, upon request, produce evidence of the authority to conduct the inspection.

Purpose of inspection

   (3)  An inspector may enter and inspect, at any reasonable time and in accordance with this section, any of the business premises of the following persons for the purpose of determining whether there is compliance with this Act, the regulations and the rules:

    1.  A manufacturer that has applied to use the terms, descriptions and designations established in the rules or that has received approval to use them.

    2.  A person who holds grapes, grape juice, grape must, wine, wine bottles or things of a manufacturer described in paragraph 1.

    3.  A person who holds documents or records relating to a manufacturer described in paragraph 1.

Powers of inspectors

   (4)  While carrying out an inspection under this section, an inspector,

  (a)  may conduct tests that are reasonably necessary and which may result in the consumption of or in the alteration of the nature of the thing tested;

  (b)  upon giving a receipt for them, may remove things, including samples of wine, grapes, grape juice or grape must for examination or test purposes;

   (c)  is entitled to free access to all documents, records and things that are relevant to the inspection;

  (d)  may require a person to produce a document, record or thing and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce information that is relevant to the inspection and that is in any form;

  (e)  may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form; and

    (f)  upon giving a receipt for them, may remove for examination and copy anything relevant to the inspection, including any data storage disk or other retrieval device in order to produce information.

Entry to dwellings

   (5)  An inspector shall not, without the consent of the occupier, enter and inspect a dwelling or any part of premises being used as a dwelling.

No use of force

   (6)  An inspector shall not use force to enter and inspect premises under this section.

Return of things removed

   (7)  An inspector who removes a thing under clause (4) (b) or (f) shall return it within a reasonable time to the manufacturer or other person affected by the inspection, but if the inspector examines or tests the thing and the examination or test results in the thing being consumed or an alteration of the nature of the thing, the inspector is not required to return the thing.

Compliance with requirement

   (8)  If, under clause (4) (d), an inspector requires a person to produce a document, record or thing or to provide assistance, the person shall produce the document, record or thing or provide the assistance, as the case may be.

No obstruction

   (9)  No person shall obstruct an inspector conducting an inspection or withhold from the inspector or conceal, alter or destroy any documents, records or things that are relevant to the inspection.

Admissibility of copies

   (10)  A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Appointment of investigators

   8.  (1)  The board of the wine authority may, in writing, appoint persons as investigators for the purposes of conducting investigations.

Certificate of appointment

   (2)  The board of the wine authority shall issue to every investigator a certificate of appointment bearing its signature or a facsimile of the signature.

Proof of appointment

   (3)  Every investigator who is conducting an investigation, including under section 8.1, shall, upon request, produce the certificate of appointment as an investigator.

Search warrant

   8.1  (1)  Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if the justice is satisfied on information under oath that there is reasonable ground for believing that,

  (a)  a person has contravened or is contravening this Act, the regulations or the rules; and

  (b)  there is,

           (i)  in any building, dwelling, receptacle or place any thing relating to the contravention of this Act, the regulations or the rules, or

          (ii)  information or evidence relating to the contravention of this Act, the regulations or the rules that may be obtained through the use of any investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

   (2)  Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator to,

  (a)  enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

  (b)  make a copy of a document or record seized under this subsection;

   (c)  use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

  (d)  require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system, to produce, in any form, the evidence or information described in the warrant; and

  (e)  use any investigative technique or procedure or do anything described in the warrant.

Entry to dwellings

   (3)  Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

  (a)  the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

  (b)  the justice of the peace authorizes the entry into the dwelling.

Conditions on warrant

   (4)  A warrant issued under this section shall contain the conditions that the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

   (5)  The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

   (6)  An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

   (7)  A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.

Use of force

   (8)  An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Return of seized things

   (9)  An investigator who, under this section, seizes a thing or requires production of a thing shall return it within a reasonable time, but if the investigator examines or tests the thing and the examination or test results in the thing being consumed or an alteration of the nature of the thing, the investigator is not required to return the thing.

Compliance with requirement

   (10)  If, under clause (2) (d), an investigator requires a person to produce evidence or information or to provide assistance, the person shall produce the evidence or information or provide the assistance, as the case may be.

No obstruction

   (11)  No person shall obstruct an investigator executing a warrant under this section or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Admissibility of copies

   (12)  A copy of a document or record that is seized under this section and certified by an investigator to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

   8.2  (1)  An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act, the regulations or the rules.

Copying

   (2)  An investigator may make a copy of a document or record seized under this section and subsection 8.1 (12) applies to the copy.

Return of seized things

   (3)  Subsection 8.1 (9) applies to any thing seized under this section.

Search without warrant in exigent circumstances

   8.3  (1)  An investigator may exercise any of the powers described in subsection 8.1 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

   (2)  Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

Use of force

   (3)  The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Application of s. 8.1

   (4)  Subsections 8.1 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

Commencement

Commencement

   7.  (1)  Subject to subsections (2) to (5), this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Same

   (2)  Sections 1 and 2 and subsections 3 (2) to (8) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (3)  Subsection 4 (1) is deemed to have come into force on January 1, 2007.

Same

   (4)  Subsections 4 (3), (4) and (5) are deemed to have come into force on August 1, 2007.

Same

   (5)  Section 6 comes into force three months after the day the Open for Business Act, 2010 receives Royal Assent.

 

Schedule 6
Ministry of Economic Development and Trade

Development Corporations Act

   1.  (1)  Section 7 of the Development Corporations Act is repealed and the following substituted:

Fiscal year

   7.  The fiscal year of each corporation commences on April 1 in each year and ends on March 31 in the following year. 

Non-application of certain Acts

   7.1  The Business Corporations Act does not apply to the Ontario Development Corporation and the Corporations Act does not apply to the Eastern Ontario Development Corporation or the Northern Ontario Development Corporation. 

   (2)  Subsection 9 (2) of the Act is repealed.

   (3)  The following provisions of the Act are amended by striking out “Treasurer of Ontario” wherever it appears and substituting in each case “Minister of Finance”:

    1.  Subsection 13 (5).

    2.  Clause 15 (2) (c).

    3.  Subsection 18 (1).

    4.  Subsection 20 (1).

   (4)  Regulation 269 of the Revised Regulations of Ontario, 1990 (Innovation Ontario Corporation) made under the Act is revoked.

Dissolution of Inactive Corporations Act, 2006

   2.  The Dissolution of Inactive Corporations Act, 2006 is repealed.

Research Foundation Act

   3.  Section 21 of the Research Foundation Act is repealed.

Commencement

Commencement

   4.  This Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

 

Schedule 7
Ministry of the Environment

Environmental Assessment Act

   1.  (1)  Subsection 42 (1) of the Environmental Assessment Act is repealed and the following substituted:

Adoption of documents in regulations

   (1)  A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.

Rolling incorporation by reference

   (1.1)  The power to adopt by reference and require compliance with a document in subsection (1) includes the power to adopt a document as it may be amended from time to time.

   (2)  Subsection 42 (2) of the Act is amended by striking out “a code, formula, standard, protocol or procedure” and substituting “a document”.

Environmental Protection Act

   2.  (1)  Subsection 1 (1) of the Environmental Protection Act is amended by adding the following definitions:

“administrative penalty” means a penalty imposed under section 182.3; (pénalité administrative”)

“environmental compliance approval” means an approval issued under Part II.1; (“autorisation environnementale”)

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

“regulated person” means,

  (a)  a person who belongs to a class of persons prescribed by the regulations and who holds or is required to hold,

           (i)  an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under this Act, or

          (ii)  an approval, licence or permit under the Ontario Water Resources Act,

  (b)  a person who has registered or is required to register an activity under subsection 20.21 (1), or

   (c)  a corporation that belongs to a class of corporations prescribed by the regulations; (“personne réglementée”)

   (3)  The Act is amended by adding the following section before the heading to Part I:

Interpretation, environmental compliance approval

   2.1  For the purposes of this Act and the regulations made under it and any other Act and the regulations made under any other Act,

  (a)  any reference to an environmental compliance approval includes,

           (i)  a certificate of approval or provisional certificate of approval issued under section 9 or 39 before the day this section comes into force, and

          (ii)  an approval granted under section 53 of the Ontario Water Resources Act before the day this section comes into force; and

  (b)  any certificate of approval, provisional certificate of approval or approval mentioned in subclause (a) (i) or (ii) may be amended, reviewed, suspended and revoked as if it were an environmental compliance approval.

   (4)  Subsection 9 (1) of the Act is amended by striking out the portion before clause (a) and clause (a) and substituting the following:

Approval, plant or production process

   (1)  No person shall, except under and in accordance with an environmental compliance approval,

  (a)  use, operate, construct, alter, extend or replace any plant, structure, equipment, apparatus, mechanism or thing that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water; or

.     .     .     .     .

   (5)  Subsection 9 (2) of the Act is repealed.

   (6)  Subsections 9 (4), (5), (6) and (7) of the Act are repealed and the following substituted:

Exception, prescribed activities

   (4)  Subsection (1) does not apply to a person who is engaging in an activity at a site if the activity has been prescribed by the regulations for the purposes of subsection 20.21 (1), unless one of the following circumstances applies:

    1.  An environmental compliance approval in respect of the activity engaged in at the site has been issued before the day when a regulation prescribing the activity for the purposes of subsection 20.21 (1) comes into force, and the approval has not ceased to have effect as determined under section 20.17.

    2.  Subject to subsection (5), the Director has issued an order under section 20.18 in respect of the activity at the site.

Same

   (5)  If a registration under Part II.2 is in effect in respect of an activity engaged in at a site when the Director issues an order under section 20.18 in respect of the activity, subsection (1) applies only once the Director has removed the registration from the Environmental Activity and Sector Registry established under Part II.2.

   (7)  Section 9 of the Act is amended by adding the following subsections:

Terms and conditions

   (8)  In imposing terms and conditions in a certificate of approval, the Director may include terms and conditions in respect of, but not limited to,

  (a)  future specified alterations, extensions or replacements, including future specified alterations, extensions or replacements to be carried out by persons prescribed by the regulations;

  (b)  operational parameters, including maximum rates of production, process limits, performance limits and parameters relating to equipment and infrastructure; and

   (c)  alterations, extensions or replacements to be carried out within the operational parameters mentioned in clause (b), including alterations, extensions or replacements to be carried out within the operational parameters by persons prescribed by the regulations.

Same

   (9)  If the Director imposes terms and conditions mentioned in clause (8) (a), (b) or (c) in respect of alterations, extensions or replacements to be carried out by persons prescribed by the regulations, the certificate of approval shall be deemed to include a condition that the holder of the approval must give the persons notice of the terms and conditions in the approval.

Application of Environmental Assessment Act

   (10)  Subsection 12.2 (2) of the Environmental Assessment Act does not prohibit a Director from imposing terms and conditions mentioned in clause (8) (a), (b) or (c) in a certificate of approval, but the other applicable provisions of that Act continue to apply to any future alterations, extensions or replacements that the Director may approve in a certificate of approval.

Combined approval

   (11)  The Director may issue a certificate of approval in respect of one or more activities at one or more sites.

   (8)  Subsections 9 (8) to (11) of the Act, as enacted by subsection (7), are repealed.

   (9)  Subsection 19 (1) of the Act is amended by striking out “A certificate of property use or an order or approval of a court, the Minister, the Director or a provincial officer under this Act is binding” at the beginning and substituting “A certificate of property use, an order or approval of a court, the Minister, the Director or a provincial officer under this Act or a notice of the Director or a provincial officer under section 157.4 is binding”.

   (10)  Subsection 19 (3) of the Act is amended by striking out “A certificate of property use or an order or approval of a court, the Minister, the Director or a provincial officer under this Act that relates to property” at the beginning and substituting “A certificate of property use, an order or approval of a court, the Minister, the Director or a provincial officer under this Act or a notice of the Director or a provincial officer under section 157.4 that relates to property”.

   (11)  Subsection 19 (4) of the Act is amended by striking out “an order is binding on a trustee” and substituting “an order or a notice of the Director or a provincial officer under section 157.4 is binding on a trustee”.

   (12)  Subsections 19 (9), (10) and (11) of the Act are repealed.

   (13)  Section 19 of the Act is amended by adding the following subsections:

Minister to publish information

   (12)  The Minister shall publish, by electronic or other means, the following information for the purpose of making it available to the public:

    1.  Information in respect of environmental compliance approvals issued after this subsection comes into force.

    2.  Other information that relates to any other instrument created or issued under this Act or the Ontario Water Resources Act and that is specified in a regulation made by the Minister.

No application of index record

   (13)  Subsections (9) to (11) do not apply in respect of an order, approval or certificate of property use if the Minister has published information about the order, approval or certificate of property use under subsection (12).

   (14)  Subsection 19 (13) of the Act is repealed.

   (15)  The Act is amended by adding the following Part:

Part II.1
Environmental compliance approvals

Definitions

   20.1  In this Part,

“sewage works” has the same meaning as in the Ontario Water Resources Act; (“station d’épuration des eaux d’égout”)

“waste disposal site” has the same meaning as in section 25; (“lieu d’élimination des déchets”)

“waste management system” has the same meaning as in section 25. (“système de gestion des déchets”)

Application for Approval

Application for approval

   20.2  (1)  A person may apply to the Director for approval to engage in an activity mentioned in subsection 9 (1) or 27 (1) of this Act or subsection 53 (1) of the Ontario Water Resources Act if the activity has not been prescribed by the regulations for the purposes of subsection 20.21 (1).

Director’s order

   (2)  Despite subsection (1), a person may apply to the Director for approval to engage at a site in an activity that has been prescribed by the regulations for the purposes of subsection 20.21 (1) if the Director issues an order under section 20.18 in respect of the activity at the site.

Discontinuation of application, Part II.2 activity

   (3)  If an application for approval to engage in an activity is submitted to the Director and no decision has been made in respect of the application before the day on which a regulation prescribing the activity for the purposes of subsection 20.21 (1) comes into force, the part of the application relating to the activity is discontinued on the day that the regulation comes into force, unless the Director has issued an order under section 20.18 in respect of the activity.

Form

   (4)  The application shall be prepared and submitted to the Director in accordance with any requirements prescribed by the regulations.

Multiple activities at site

   (5)  If a person engages in or proposes to engage in more than one activity mentioned in subsection 9 (1) or 27 (1) of this Act or subsection 53 (1) of the Ontario Water Resources Act at a site and no environmental compliance approval has previously been issued in respect of any activity at the site, the application may be in respect of all of the activities unless the Director requires otherwise.

Multiple sites

   (6)  If a person applies for approval to engage in an activity that is to be engaged in at more than one site, the application may be in respect of the activity at more than one site unless the Director requires otherwise.

Sewage works

   (7)  If a person applies for approval to use, operate, establish, alter, extend or replace a sewage works, the application may also be for approval to engage in any activity that is mentioned in subsection 9 (1) or 27 (1) that is related to the sewage works unless the Director requires otherwise.

Waste management systems

   (8)  If a person applies for approval to use, operate, establish, alter, enlarge or extend a waste management system, the application may also be for approval to engage in any activity that is mentioned in subsection 9 (1) of this Act or subsection 53 (1) of the Ontario Water Resources Act that is related to the waste management system unless the Director requires otherwise.

Transition

   (9)  An application submitted to the Director for approval to engage in activities mentioned in section 9 or 27 of this Act or section 53 of the Ontario Water Resources Act before the day this section comes into force is,

  (a)  continued as an application for approval under subsection (1) if the application complies with any requirements prescribed by the regulations for the purposes of this subsection, unless the Director permits otherwise; or

  (b)  discontinued.

Powers of Director

   20.3  (1)  After consideration of an application for approval under section 20.2 in respect of one or more activities, the Director may,

  (a)  issue or refuse to issue an environmental compliance approval in respect of one or more of the activities;

  (b)  if the Director issues an environmental compliance approval,

           (i)  impose terms and conditions in the approval, and

          (ii)  incorporate any environmental compliance approvals that are in effect into the new approval and revoke the approvals that have been incorporated;

   (c)  amend an environmental compliance approval that is in effect and impose, alter or revoke terms and conditions or expand the scope of the approval to other activities or sites;

  (d)  revoke an environmental compliance approval in whole or in part, with or without issuing a new approval; and

  (e)  suspend an environmental compliance approval in whole or in part.

Limitation

   (2)  No amendment to an environmental compliance approval may be made if the activity in respect of which the approval has been issued has been prescribed by the regulations for the purposes of subsection 20.21 (1), unless an order under section 20.18 has been issued in respect of the activity and the order includes the information set out in clause 20.18 (2) (b).  

Application for Review

Application for review

   20.4  (1)  A holder of an environmental compliance approval may apply for a review of the approval.

Mandatory review

   (2)  A holder of an environmental compliance approval shall apply for a review of the approval,

  (a)  on or before the date specified by the Director, if the Director has specified a date under section 20.12; or

  (b)  if no date has been specified by the Director, on or before the date prescribed under subsection 176 (2.3).

Form

   (3)  An application for review shall be prepared and submitted to the Director in accordance with any requirements prescribed by the regulations.

Approval remains in effect

   (4)  Despite subsections (1) and (2), an environmental compliance approval remains in effect unless it is suspended or revoked by the Director.

Powers of Director

   20.5  After consideration of an application for a review of an environmental compliance approval, the Director may,

  (a)  amend the approval and impose, alter or revoke terms and conditions or expand the scope of the approval to other activities or sites;

  (b)  revoke the approval in whole or in part, with or without issuing a new approval;

   (c)  issue a new environmental compliance approval and exercise the powers mentioned in clause 20.3 (1) (b);

  (d)  suspend the approval in whole or in part; or

  (e)  give notice that no changes have been made to the approval as a result of the review.

Terms and Conditions

Terms and conditions

   20.6  (1)  In imposing terms and conditions in an environmental compliance approval, the Director may include terms and conditions in respect of, but not limited to,

  (a)  future specified alterations, extensions, enlargements or replacements, including future specified alterations, extensions, enlargements or replacements to be carried out by persons prescribed by the regulations;

  (b)  operational parameters, including maximum rates of production, process limits, performance limits and parameters relating to equipment and infrastructure; and

   (c)  alterations, extensions, enlargements or replacements to be carried out within the operational parameters mentioned in clause (b), including alterations, extensions, enlargements or replacements to be carried out within the operational parameters by persons prescribed by the regulations. 

Same

   (2)  If the Director imposes terms and conditions mentioned in clause (1) (a), (b) or (c) in respect of alterations, extensions, enlargements or replacements to be carried out by persons prescribed by the regulations, the environmental compliance approval shall be deemed to include a condition that the holder of the approval must give the persons notice of the terms and conditions in the approval.

Application of Environmental Assessment Act

   (3)  Subsection 12.2 (2) of the Environmental Assessment Act does not prohibit a Director from imposing terms and conditions mentioned in clause (1) (a), (b) or (c) in an environmental compliance approval, but the other applicable provisions of that Act continue to apply to any future alterations, extensions, enlargements or replacements that the Director may approve in an approval.

Prescribed terms and conditions

   (4)  An environmental compliance approval is subject to any terms and conditions prescribed by the regulations.

Associated works

   (5)  The Director may, in an environmental compliance approval in respect of any plant, structure, equipment, apparatus, mechanism, thing, waste management system, waste disposal site or sewage works that was established before the day this section comes into force, impose terms and conditions in respect of any associated structure, equipment, apparatus, mechanism, thing or works.

General Powers and Duties of Director

Powers of Director, general

   20.7  (1)  In exercising any of his or her powers under this Part, whether on his or her own initiative or on application, the Director may exercise the power if he or she considers it to be necessary for the purposes of,

  (a)  this Act, if the power is exercised in respect of an activity for which an environmental compliance approval is required under section 9 or 27; or

  (b)  the Ontario Water Resources Act, if the power is exercised in respect of an activity for which an environmental compliance approval is required under section 53 of that Act.

Past conduct

   (2)  The Director may suspend, revoke or refuse to issue an environmental compliance approval if the past conduct of the holder of the approval or the applicant, or, if the holder or applicant is a corporation, of its officers and directors, affords reasonable grounds to believe that the person will not engage in the activity in accordance with this Act, the Ontario Water Resources Act or the regulations made under either of those Acts.

Director may require information

   20.8  The Director may require a person who submits an application under this Part to submit any plans, specifications, technical reports or other information and to carry out and report on any tests or experiments relating to any activity in respect of which the application is made.

Director may require consultation

   20.9  The Director may require a person who submits an application under this Part to consult with the persons specified by the Director in a manner specified by the Director before the Director makes a decision in respect of the application.

Combined approval

   20.10  The Director may issue an environmental compliance approval in respect of one or more activities at one or more sites.

Sewage works, revocation

   20.11  If the Director issues an environmental compliance approval to use, operate, establish, alter, extend or replace a sewage works at a site, the Director may, in issuing the approval, provide in the approval that some or all of the approvals previously issued in respect of the sewage works are revoked on the day when the new environmental compliance approval is issued, and if the Director so provides, those approvals are revoked on that day.

Director may specify review date

   20.12  (1)  In issuing, amending or reviewing an environmental compliance approval, the Director may specify a date in the approval by which an application for review of the approval must be submitted.

Combined review

   (2)  The Director may, by written notice, require a person who submits an application under this Part in respect of an activity at a site to submit an application for a review by a date specified by the Director of one or more environmental compliance approvals in respect of the same site that have been issued and the person shall comply with the requirement.

Same

   (3)  In the event of a conflict between dates mentioned in subsections (1) and (2), the date specified under subsection (2) applies.

Exercise of powers on Director’s initiative

   20.13  The Director may, on his or her own initiative,

  (a)  alter or revoke terms and conditions of an environmental compliance approval after it has been issued;

  (b)  impose new terms and conditions in an environmental compliance approval; or

   (c)  suspend or revoke all or part of an environmental compliance approval.

Consideration of applications

   20.14  (1)  Subject to subsection (2), the Director shall consider an application submitted to him or her under this Part.

Exception

   (2)  The Director is not required to consider an application that has not been prepared and submitted in accordance with any requirements prescribed by the regulations.

Hearings

Hearings required by Director

   20.15  (1)  The Director may, before making a decision on an application under this Part, require the Tribunal, by written notice, to hold a hearing with respect to the application or a matter that relates to the application.

Notice of hearing

   (2)  If a hearing is required under subsection (1), at least 15 days notice shall be given to any persons specified by the Tribunal and in such manner as the Tribunal may direct.

Same

   (3)  Upon receipt of a notice from the Director under subsection (1), the Tribunal shall hold a hearing.

Proposed decision

   (4)  If the Director requires the Tribunal to hold a hearing in respect of a matter that relates to the application, the Director shall inform the Tribunal of decisions that the Director proposes to make on matters not referred to the Tribunal in connection with the application.

Parties

   (5)  The applicant for approval under this Part, the Director and any other persons specified by the Tribunal shall be parties to the hearing.

Notice of decision

   (6)  The Tribunal shall serve notice of its decision, together with reasons, on the parties to the hearing, and the Director shall implement the decision.

Costs

   (7)  The Tribunal may award the costs of a proceeding under this section.

Payment

   (8)  The Tribunal may order to whom and by whom the costs are to be paid.

Assessment

   (9)  The Tribunal may fix the amount of the costs or direct that the amount be assessed and it may direct the scale according to which they are to be assessed and by whom they are to be assessed.

Considerations not limited

   (10)  In awarding costs, the Tribunal is not limited to the considerations that govern awards of costs in any court.

Application

   (11)  Subsections (7) to (10) apply despite sections 17.1 and 32 of the Statutory Powers Procedure Act.

Transition

   (12)  If, before the day subsection 2 (23) of Schedule 7 to the Open for Business Act, 2010 comes into force, a hearing has been required by the Director under subsection 30 (1) or 32 (1) of this Act, as those provisions read immediately before that subsection came into force, the Director’s notice shall be deemed to have been given under subsection (1) and the hearing shall be held under this section.

Appeal from decision of Tribunal

   20.16  (1)  A party to a proceeding under this Part before the Tribunal may appeal from its decision,

  (a)  on a question of law, to the Divisional Court; and

  (b)  on a question other than a question of law, to the Minister.

Same

   (2)  An appeal under clause (1) (b) shall be made in writing within 30 days after the party appealing the decision receives the decision of the Tribunal.

Powers of Minister on appeal

   (3)  In an appeal under clause (1) (b), the Minister shall confirm, alter or revoke the decision of the Tribunal, substitute for the decision of the Tribunal such decision as he or she considers appropriate or, by notice in writing to the Tribunal, require it to hold a new hearing with respect to all or any part of the subject matter of the decision.

Approvals Relating to Activities Prescribed for the Purposes of Part II.2

When approval ceases to have effect

   20.17  An environmental compliance approval ceases to apply in respect of an activity at a site on the earlier of,

  (a)  the date, as set out in a confirmation of registration provided by the Director under Part II.2, on which a registration is in effect in respect of the activity at the site; and

  (b)  the date prescribed by the regulations in respect of the activity for the purposes of this section.

Director’s order

   20.18  (1)  The Director may issue an order to a person who is engaging in or who proposes to engage in an activity at a site, stating that Part II.2 of the Act does not apply in respect of the activity at the site.

Continuation of approval

   (2)  If an environmental compliance approval is in effect when the Director issues an order under subsection (1), the Director may specify in the order that,

  (a)  the approval continues to apply; and

  (b)  the approval may be amended on application under subsection 20.2 (1). 

   (16)  Subsection 20.2 (5) of the Act, as enacted by subsection (15), is repealed and the following substituted:

Multiple activities at site

   (5)  If a person engages in or proposes to engage in more than one activity mentioned in subsection 9 (1) or 27 (1) of this Act or subsection 53 (1) of the Ontario Water Resources Act at a site and no environmental compliance approval has previously been issued in respect of any activity at the site, the application shall be in respect of all of the activities unless the Director permits otherwise.

   (17)  Subsection 20.2 (7) of the Act, as enacted by subsection (15), is repealed and the following substituted:

Sewage works

   (7)  If a person applies for approval to use, operate, establish, alter, extend or replace a sewage works, the application shall also be for approval to engage in any activity that is mentioned in subsection 9 (1) or 27 (1) that is related to the sewage works unless the Director permits otherwise.

   (18)  Subsection 20.2 (8) of the Act, as enacted by subsection (15), is repealed and the following substituted:

Waste management systems

   (8)  If a person applies for approval to use, operate, establish, alter, enlarge or extend a waste management system, the application shall also be for approval to engage in any activity that is mentioned in subsection 9 (1) of this Act or subsection 53 (1) of the Ontario Water Resources Act that is related to the waste management system unless the Director permits otherwise.

   (19)  The Act is amended by adding the following Part:

Part II.2
Registrations

Interpretation

   20.19  In this Part,

“registration” means a registration in the Registry; (“enregistrement”)

“Registry” means the registry established under subsection 20.20 (1). (“Registre”)

Registry

   20.20  (1)  The Director shall establish, maintain and operate a public registry known in English as the Environmental Activity and Sector Registry and in French as Registre environnemental des activités et des secteurs.

Purposes

   (2)  The purposes of the Registry are the following:

    1.  To allow persons to register activities prescribed by the regulations for the purposes of subsection 20.21 (1).

    2.  To provide public access to information contained in the registrations and other information filed in the Registry.

    3.  Such other purposes as may be prescribed by the regulations.

Delegation agreement

   (3)  Section 168.9 applies, with necessary modifications, in respect of the Registry and despite subsection 180 (2), no action or other proceeding shall be commenced against the Crown in right of Ontario, a public servant employed under Part III of the Public Service of Ontario Act, 2006, a person or body to whom powers and duties of the Director are delegated under section 168.9 or an employee of a person or body to whom powers and duties of the Director are delegated under section 168.9 arising from any inaccuracy contained in a registration.

Prohibition, prescribed activities

   20.21  (1)  Subject to subsections (2), (3) and (4), no person shall engage in an activity at a site if the activity has been prescribed by the regulations for the purposes of this subsection unless,

  (a)  the person has registered the activity in the Registry in accordance with the regulations;

  (b)  the Director has provided the person with a confirmation of registration in respect of the activity;

   (c)  the person engages in the activity in accordance with the regulations; and

  (d)  the registration is not suspended and has not been removed from the Registry.

Exception, order under s. 20.18

   (2)  Subject to subsection (3), subsection (1) does not apply if the Director has issued an order under section 20.18 in respect of the activity and the order has not been revoked.

Same, transition

   (3)  If a registration is in effect in respect of the activity when the Director issues an order under section 20.18 in respect of the activity, subsection (1) applies until the Director removes the registration from the Registry in accordance with clause 20.23 (1) (e).

Transition

   (4)  If an environmental compliance approval has been issued in respect of an activity before the day when a regulation prescribing the activity for the purposes of subsection (1) comes into force, subsection (1) does not apply to the holder of the approval until the day the approval ceases to apply to the activity, as determined in accordance with section 20.17.

Mobile activity

   (5)  If the activity engaged in has been prescribed by the regulations for the purposes of this subsection, a person is not required to register the activity in respect of a specific site, subject to any conditions prescribed by the regulations.

Director to provide confirmation

   20.22  (1)  If a person registers an activity in the Registry and pays the required fee and provides the required financial assurance, if any, the Director shall provide the person with a confirmation of registration, which may be provided electronically.

Retention of confirmation and maintenance of registration

   (2)  A person who engages in a registered activity shall ensure that the confirmation of registration is retained and that,

  (a)  the registration is maintained and updated in accordance with the regulations; and

  (b)  the registration includes any information, reports, records or documents as may be required by the Director or as may be prescribed by the regulations.

Complete and accurate information, etc.

   (3)  If the Director is not satisfied that any information, reports, records or documents included in or filed with a registration are complete or accurate, the Director may require the person engaging in the registered activity to file information, reports, records or documents that are complete and accurate and the person shall comply with the requirement.

Suspension or removal of registration

   20.23  (1)  The Director may suspend a registration in respect of an activity or remove the registration from the Registry if,

  (a)  the person who is engaging in the activity is in contravention of this Act, the Ontario Water Resources Act or the regulations made under either of those Acts;

  (b)  the confirmation of registration was provided on the basis of mistaken, false or inaccurate information;

   (c)  the person who is engaging in the activity requests that its registration be removed;

  (d)  the person who was engaging in the activity is no longer doing so;

  (e)  the Director has issued an order under section 20.18 to the person who is engaging in the activity and,

           (i)  if no application for approval has been made under Part II.1,

                 (A)  the period during which a hearing may be required in respect of the order has lapsed, or

                 (B)  if a hearing has been required, the decision of the Tribunal has been issued, all rights of appeal have been exhausted and the order of the Director has not been revoked, or

          (ii)  if an application for approval under Part II.1 has been made, the decision by the Director in respect of the application has been made; or

    (f)  the registration is obsolete.

Order

   (2)  If the Director suspends or removes a registration on the grounds set out in clause (1) (a), (b) or (d), the Director shall do so by order and shall serve the order together with written reasons on the person who is or was engaging in the activity.

End of suspension

   (3)  The Director may end a suspension of a registration if the Director is satisfied that the reasons for the suspension no longer exist.

Filing of notice or order in Registry

   20.24  Any person who gives a notice or issues an order under this Part or a notice under section 157.4 shall file a copy of the notice or order in the Registry.

   (20)  Subsection 27 (1) of the Act is repealed and the following substituted:

Approval, waste management system or waste disposal site

   (1)  No person shall use, operate, establish, alter, enlarge or extend a waste management system or a waste disposal site except under and in accordance with an environmental compliance approval.

Exception, prescribed activities

   (1.1)  Subsection (1) does not apply to a person who is engaging in an activity at a site if the activity has been prescribed by the regulations for the purposes of subsection 20.21 (1), unless one of the following circumstances applies:

    1.  An environmental compliance approval in respect of the activity engaged in at the site has been issued before the day when a regulation prescribing the activity for the purposes of subsection 20.21 (1) comes into force, and the approval has not ceased to have effect as determined under section 20.17.

    2.  Subject to subsection (1.2), the Director has issued an order under section 20.18 in respect of the activity at the site.

Same

   (1.2)  If a registration under Part II.2 is in effect in respect of an activity engaged in at a site when the Director issues an order under section 20.18 in respect of the activity, subsection (1) applies only once the Director has removed the registration from the Environmental Activity and Sector Registry established under Part II.2.

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

Exception, routine maintenance

   (1.3)  Subsection (1) does not apply to routine maintenance carried out on any waste management system or waste disposal site.

   (22)  Subsection 28 (4) of the Act is repealed.

   (23)  Sections 30, 31 and 32 of the Act are repealed.

   (24)  Subsection 33 (1) of the Act is amended by striking out “section 30, 32 or 36” and substituting “section 36”.

   (25)  Sections 34.1 and 35 of the Act are repealed.

   (26)  Subsection 36 (1) of the Act is amended by striking out “the person applying for a certificate of approval” and substituting “the person applying for approval under Part II.1”.

   (27)  Sections 37 and 38 of the Act are repealed.

   (28)  Section 39 of the Act is amended by adding the following subsections:

Terms and conditions

   (3)  In imposing terms and conditions in a certificate of approval or provisional certificate of approval, the Director may include terms and conditions in respect of, but not limited to,

  (a)  future specified alterations, extensions or enlargements, including future specified alterations, extensions or enlargements to be carried out by persons prescribed by the regulations;

  (b)  operational parameters, including maximum rates of production, process limits, performance limits and parameters relating to equipment and infrastructure; and

   (c)  alterations, extensions or enlargements to be carried out within the operational parameters mentioned in clause (b), including alterations, extensions or enlargements to be carried out within the operational parameters by persons prescribed by the regulations.

Same

   (4)  If the Director imposes terms and conditions mentioned in clause (3) (a), (b) or (c) in respect of alterations, extensions or enlargements to be carried out by persons prescribed by the regulations, the certificate of approval or provisional certificate of approval shall be deemed to include a condition that the holder of the approval must give the persons notice of the terms and conditions in the approval.

Application of Environmental Assessment Act

   (5)  Subsection 12.2 (2) of the Environmental Assessment Act does not prohibit a Director from imposing terms and conditions mentioned in clause (3) (a), (b) or (c) in a certificate of approval or provisional certificate of approval, but the other applicable provisions of that Act continue to apply to any future alterations, extensions or enlargements that the Director may approve in a certificate of approval or provisional certificate of approval.

Combined approval

   (6)  The Director may issue a certificate of approval or provisional certificate of approval in respect of one or more activities at one or more sites.

   (29)  Section 39 of the Act is repealed.

   (30)  Sections 40 and 41 of the Act are repealed and the following substituted:

Prohibition as to deposit of waste

   40.  No person shall deposit, or cause, permit or arrange for the deposit of, waste upon, in, into or through any land or land covered by water or in any building that is not a waste disposal site for which an environmental compliance approval or renewable energy approval has been issued or a registration under Part II.2 is in effect and except in accordance with the terms and conditions of the approval or the regulations made for the purposes of Part II.2.

Prohibition as to use of facilities, etc.

   41.  No person shall use, or cause, permit or arrange for the use of, any facilities or equipment for the storage, handling, treatment, collection, transportation, processing or disposal of waste that is not part of a waste management system for which an environmental compliance approval or renewable energy approval has been issued or a registration under Part II.2 is in effect and except in accordance with the terms and conditions of the approval or the regulations made for the purposes of Part II.2.

   (31)  Subsection 42 (3) of the Act is repealed and the following substituted:

Approval

   (3)  Subsections (1) and (2) apply only in respect of a waste disposal site for which an environmental compliance approval, renewable energy approval or registration under Part II.2 is in effect.

   (32)  Subsection 42 (5) of the Act is amended by striking out “including an applicable certificate of approval, provisional certificate of approval or an applicable renewable energy approval” at the end and substituting “including an applicable environmental compliance approval, applicable renewable energy approval or applicable regulation made under clause 176 (2.4) (e)”.

   (33)  Section 43 of the Act is amended by striking out “has not been approved as a waste disposal site, the Director may issue” in the portion before clause (a) and substituting “has not been approved as a waste disposal site or in respect of which no registration under Part II.2 is in effect, the Director may issue”.

   (34)  Subsection 45 (1) of the Act is amended by striking out “a certificate of approval” in the portion before clause (a) and substituting “an environmental compliance approval”.

   (35)  Clause 45 (1) (a) of the Act is amended by striking out “a certificate of approval” and substituting “an environmental compliance approval”.

   (36)  Clause 45 (1) (b) of the Act is amended by striking out “such certificate of approval” and substituting “the environmental compliance approval”.

   (37)  Section 45 of the Act is amended by adding the following subsection:

Same

   (1.1)  Within 30 days after the receipt of notice or an order that the Director has suspended a registration under Part II.2 or removed a registration under Part II.2 from the registry established under that Part, any owner who has suffered pecuniary loss as a result of such decision affecting the owner’s waste disposal site or waste management system may apply to the Director for compensation for such loss where such owner,

  (a)  has received a confirmation of registration under Part II.2 in respect of the waste disposal site or waste management system affected by the Director’s decision; and

  (b)  since registering the activity, has strictly complied with this Act and the regulations.

   (38)  Section 45 of the Act is amended by adding the following subsection:

Exception

   (1.2)  Subsection (1.1) does not apply if the Director removes the registration from the registry as a result of issuing an order under section 20.18, unless the Director refuses to issue an environmental compliance approval in respect of the waste disposal site or waste management system.

   (39)  Paragraph 1 of subsection 47.3 (1) of the Act is amended by striking out “subsection 9 (1) or (7) of this Act would require a certificate of approval” at the end and substituting “subsection 9 (1) of this Act would require an environmental compliance approval”.

   (40)  Paragraph 2 of subsection 47.3 (1) of the Act is amended by striking out “a certificate of approval or provisional certificate of approval” at the end and substituting “an environmental compliance approval”.

   (41)  Paragraph 5 of subsection 47.3 (1) of the Act is amended by striking out “subsection 53 (1) or (5) of the Ontario Water Resources Act would require an approval” at the end and substituting “subsection 53 (1) of the Ontario Water Resources Act would require an environmental compliance approval”.

   (42)  Paragraph 1 of subsection 47.3 (2) of the Act is repealed and the following substituted:

    1.  Subsection 9 (1) of this Act.

   (43)  Subclause (a) (iii) of the definition of “abandoned motor vehicle site” in section 60 of the Act is repealed and the following substituted:

         (iii)  for which an environmental compliance approval has been issued or a registration under Part II.2 is in effect, or

   (44)  Clause 96 (2) (a) of the Act is repealed and the following substituted:

  (a)  an environmental compliance approval in respect of a waste disposal site; or

   (45)  The definition of “approval” in section 131 of the Act is repealed and the following substituted:

“approval” means program approval, environmental compliance approval or renewable energy approval, and includes a permit or approval issued by a Director under the Ontario Water Resources Act, but does not include an approval under Part X of this Act; (“autorisation”)

   (46)  The definitions of “environmental measures” and “financial assurance” in section 131 of the Act are repealed and the following substituted:

“environmental measures” means,

  (a)  one or more of the measures set out in clauses 132 (1) (a) to (c) or 132 (1.1) (a) to (c), or

  (b)  one or more of the measures prescribed by the regulations under clause 176 (2.4) (i); (“mesures d’ordre environnemental”)

“financial assurance” means one or more of,

  (a)  cash, in the amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (2.4) (i),

  (b)  a letter of credit from a bank, in the amount and terms specified in the approval, order, certificate of property use or a regulation made under clause 176 (2.4) (i),

   (c)  negotiable securities issued or guaranteed by the Government of Ontario or the Government of Canada in the amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (2.4) (i),

  (d)  a personal bond accompanied by collateral security, each in the form, terms and amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (2.4) (i),

  (e)  the bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance in the form, terms and amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (2.4) (i),

    (f)  a bond of a guarantor, other than an insurer referred to in clause (e), accompanied by collateral security, each in the form, terms and amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (2.4) (i),

  (g)  an agreement, in the form and terms specified in the approval, order or certificate of property use, and

   (h)  an agreement, in the form and terms prescribed by the regulations; (“garantie financière”)

   (47)  The definition of “works” in section 131 of the Act is repealed and the following substituted:

“works” means an activity, facility, thing, undertaking or site in respect of which an approval or order is issued or a registration under Part II.2 is in effect.  (“travaux”)

   (48)  Subsection 136 (2) of the Act is repealed and the following substituted:

Basis for order

   (2)  The Director may make an order mentioned in subsection (1) if the Director has reasonable and probable grounds to believe that any environmental measure required by the approval, order, certificate of property use or a regulation made under clause 176 (2.4) (i) in respect of which the financial assurance was given has not been or will not be carried out in accordance with the requirement.

   (49)  Clause 136 (3) (a) of the Act is repealed and the following substituted:

  (a)  the person,

           (i)  to whom the approval, order or certificate of property use was issued or any other person who is bound by the approval, order or certificate of property use, or

          (ii)  who registered the activity prescribed by the regulations for the purposes of subsection 20.21 (1), if the financial assurance has been provided pursuant to a regulation made under clause 176 (2.4) (i); and

   (50)  Clauses 139 (1) (c), (d) and (e) of the Act are repealed and the following substituted:

   (c)  refuses to issue an environmental compliance approval or renewable energy approval;

  (d)  refuses to renew a renewable energy approval;

  (e)  suspends or revokes an environmental compliance approval or renewable energy approval; or

   (51)  Clauses 139 (2) (b), (c) and (d) of the Act are repealed and the following substituted:

  (b)  imposes terms and conditions in issuing an environmental compliance approval;

   (c)  imposes terms and conditions in issuing or renewing a renewable energy approval, licence, permit or approval;

  (d)  alters the terms and conditions in an environmental compliance approval, renewable energy approval, certificate of property use, licence or permit or approval after it is issued; or

  (e)  imposes new terms and conditions in an environmental compliance approval, renewable energy approval or certificate of property use,

.     .     .     .     .

   (52)  Subsection 139 (2) of the Act is amended by striking out “approval, certificate of approval, provisional certificate of approval, renewable energy approval” in the portion after clause (d) and substituting “approval, environmental compliance approval, renewable energy approval”.

   (53)  Subsection 139 (3) of the Act is repealed and the following substituted:

Exception

   (3)  Subsections (1) and (2) do not apply with respect to,

  (a)  a decision of the Tribunal that is implemented by the Director in accordance with subsection 20.15 (6) or 33 (4); or

  (b)  terms and conditions in an environmental compliance approval as a result of an application under Part II.1, if the terms and conditions are substantially the same as those contained in an approval that was previously issued and is still in effect at the time that the decision is made in respect of the application.

No hearing, Part II.2 activity

   (4)  Any hearing required under this section in respect of an environmental compliance approval is discontinued if the activity in respect of which the approval or the part of the approval that is in question is prescribed by the regulations for the purposes of subsection 20.21 (1), unless the Director has issued an order under section 20.18 in respect of the activity.

   (54)  Subsection 143 (1) of the Act is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

  (d)  an order to pay an administrative penalty.

   (55)  Section 145.4 of the Act is amended by adding the following subsection:

Amount of administrative penalties

   (1.1)  For greater certainty, if a hearing by the Tribunal is required under section 140 in respect of an order to pay an administrative penalty, the regulations made under clause 182.3 (13) (b)  governing the determination of the amounts of administrative penalties apply to the Tribunal.

   (56)  Subsection 145.4 (2) of the Act is amended by striking out “an order to pay an environmental penalty” and substituting “an order to pay an environmental penalty or an administrative penalty”.

   (57)  Section 155 of the Act is repealed and the following substituted:

Costs may be recovered from deposit or financial assurance

   155.  Where an order to pay costs is directed to a person who has given a deposit under a regulation or is in respect of works or property for which financial assurance is required under Part XII or a regulation made under clause 176 (2.4) (i), the deposit or financial assurance may be used to recover amounts specified in the order to pay costs.

   (58)  Subclauses 156 (1) (d) (i) and (ii) of the Act are repealed and the following substituted:

           (i)  an activity or undertaking that is, or is required to be the subject of a permit, licence, approval, environmental compliance approval, certificate of property use, renewable energy approval, program approval, agreement or order under this Act,

          (ii)  an activity that is or is required to be registered under Part II.2,

      (ii.1)  an activity or undertaking that is exempted by a regulation from any requirement to have a permit, licence, environmental compliance approval or renewable energy approval under this Act that is regulated by the provisions of the regulation, or

   (59)  Subclauses 156 (1) (e) (i) and (ii) of the Act are repealed and the following substituted:

           (i)  is, or is required to be, subject to or referred to in a permit, licence, approval, environmental compliance approval, certificate of property use, renewable energy approval, program approval, agreement or order under this Act,

          (ii)  is or is required to be subject to or referred to in a registration under Part II.2, or

         (iii)  is subject to or referred to in a regulation that provides for an exemption from any requirement to have a permit, licence, environmental compliance approval or renewable energy approval under this Act where the regulation includes provisions that regulate the place;

   (60)  Clause 157 (1) (c) of the Act is amended by striking out “a certificate of approval, provisional certificate of approval” and substituting “an environmental compliance approval”.

   (61)  Clause 157 (3) (h) of the Act is amended by striking out “for a certificate of approval, provisional certificate of approval” and substituting “for an environmental compliance approval”.

   (62)  Subsection 157 (3) of the Act is amended by adding the following clause:

(h.1) registering an activity under Part II.2;

   (63)  The Act is amended by adding the following section:

Power to require response to inquiries

   157.0.1  (1)  For the purposes of determining compliance of a person with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries.

Same

   (2)  For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication.

   (64)  The Act is amended by adding the following section:

Notice by provincial officer re Part II.2

   157.4  (1)  A provincial officer may give a notice in writing to a person who is engaging in an activity prescribed by the regulations for the purposes of subsection 20.21 (1) stating that the provincial officer reasonably believes that the person is contravening or has contravened a provision of a regulation made for the purposes of Part II.2 in respect of the activity.

Contents of notice

   (2)  A notice given under subsection (1) may set out one or more measures that have been prescribed by the regulations for the purposes of this section and require the person to carry out the measures within a time specified in the notice.

Amendment or revocation of notice

   (3)  A notice given under subsection (1) may be amended or revoked by the provincial officer who gave it or by the Director by giving written notice of the amendment or revocation to the person to whom the notice given under subsection (1) is directed.

Review of notice

   (4)  A person to whom a notice is given under subsection (1) may, within seven days after being served with a copy of the notice, request that the Director review the notice.

Same

   (5)  Subsections 157.3 (2) to (8) and (10) apply, with necessary modifications, in respect of a review of a notice under this section.

   (65)  Section 165 of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Licence, etc., condition, permission to inspect

   165.  It is a condition of every licence, permit, environmental compliance approval, certificate of property use or renewable energy approval under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by the following provisions of any place, other than any room actually used as a dwelling, to which the licence, permit, environmental compliance approval, certificate of property use or renewable energy approval relates:

.     .     .     .     .

   (66)  Subsection 174 (2) of the Act is amended by striking out “certificate of approval, certificate of property use, renewable energy approval, licence” in the portion after clause (k) and substituting “environmental compliance approval, certificate of property use, renewable energy approval, licence”.

   (67)  Clause (a) of the definition of “official document” in subsection 175 (1) of the Act is repealed and the following substituted:

  (a)  an approval, consent, licence, notice, permit, order, return, certificate of property use or other certificate, environmental compliance approval or renewable energy approval under this Act or the regulations or a confirmation of registration under Part II.2,

   (68)  Clauses 175.1 (f), (f.1) and (f.2) of the Act are repealed and the following substituted:

    (f)  providing for the issue, review, suspension and revocation of environmental compliance approvals and prescribing conditions for the issuing, reviewing, suspending and revoking;

(f.1)  subject to subsection (3), governing applications for the issue, review and revocation of environmental compliance approvals;

(f.2)  providing for the issue, renewal, suspension and revocation of certificates of property use, renewable energy approvals, permits and licences, and prescribing conditions for the issuing, renewing, suspending and revoking;

(f.3)  governing applications for the issue, renewal and revocation of certificates of property use, renewable energy approvals, permits and licences;

(f.4)  requiring persons with qualifications specified in the regulations to provide certifications as part of applications mentioned in clauses (f.1) and (f.3);

(f.5)  governing certifications mentioned in clause (f.4);

(f.6)  governing the inclusion of terms and conditions in environmental compliance approvals, certificates of property use, renewable energy approvals, permits and licences;

   (69)  Clause 175.1 (l) of the Act is amended by adding “subject to subsection (5)” at the beginning.

   (70)  Section 175.1 of the Act is amended by adding the following subsections:

Regulation under cl. (1) (f)

   (2)  For the purposes of clause (1) (f), a regulation prescribing conditions for the issuing of an environmental compliance approval may include conditions that specify that a person other than a municipality who submits an application for approval under Part II.1 in respect of an activity mentioned in subsection 27 (1) must deposit a sum of money or furnish a surety bond or personal sureties for the purposes of assuring satisfactory maintenance of the waste management system or the waste disposal site or the removal of waste from the site.

Regulation under cl. (1) (f.1)

   (3)  The power to make regulations under clause (1) (f.1) does not include the power to make regulations specifying the date on or before which an application for review of an environmental compliance approval in respect of an activity must be submitted.

Same

   (4)  A regulation mentioned in subsection (2) may prescribe terms and conditions upon which a deposit mentioned in subsection (2) may be returned to the depositor.

Minister’s regulations

   (5)  The Minister may make regulations specifying anything that this Act describes as being specified in a regulation made by the Minister.

   (71)  Clause 176 (1) (h.2) of the Act is repealed and the following substituted:

(h.2) deeming an environmental compliance approval to exist in respect of any plant, structure, equipment, apparatus, mechanism, thing, process, rate of production or rate or manner of discharge of a contaminant to which subsection 9 (1) would apply but for an exemption from the requirement to obtain an environmental compliance approval set out in a regulation;

   (72)  Section 176 of the Act is amended by adding the following subsections:

Regulations relating to Part II.1

   (2.2)  The Lieutenant Governor in Council may make regulations relating to Part II.1 requiring persons prescribed by the regulations to carry insurance, specifying the insurance that is required to be carried and specifying limits and conditions respecting insurance coverage.

Same, Minister’s regulations

   (2.3)  The Minister may make regulations relating to Part II.1 specifying the date on or before which an application for review of an environmental compliance approval in respect of an activity must be submitted.

Regulations relating to Part II.2

   (2.4)  The Lieutenant Governor in Council may make regulations relating to Part II.2,

  (a)  governing the establishment, operation and maintenance of the Registry, including requiring electronic registrations;

  (b)  governing registrations and procedures for registering, which may include designating a person responsible for establishing procedures;

   (c)  governing the maintenance of registrations and prescribing any information, reports, records or documents to be included in registrations;

  (d)  prescribing the timing and requirements relating to periodic updating of registrations;

  (e)  governing activities prescribed by the regulations for the purposes of subsection 20.21 (1);

    (f)  prescribing measures that a provincial officer may require in a notice issued under section 157.4;

  (g)  requiring persons with qualifications specified in the regulations to provide certifications as part of registrations;

   (h)  governing certifications mentioned in clause (g);

    (i)  governing requirements for financial assurance and methods of calculating financial assurance in respect of activities prescribed by the regulations for the purposes of subsection 20.21 (1) and prescribing environmental measures for which financial assurance may be required;

    (j)  requiring persons prescribed by the regulations to carry insurance, specifying the insurance that is required to be carried and specifying limits and conditions respecting insurance coverage.

   (73)  Clause 176 (4) (f) of the Act is repealed.

   (74)  Clause 176 (4) (s) of the Act is repealed and the following substituted:

   (s)  deeming an environmental compliance approval to exist in respect of a waste management system or waste disposal site.

   (75)  Subsection 177 (4) of the Act is repealed and the following substituted:

Adoption of documents in regulations

   (4)  A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.

   (76)  Subsection 177 (5) of the Act is repealed and the following substituted:

Rolling incorporation by reference

   (5)  The power to adopt by reference and require compliance with a document in subsection (4) includes the power to adopt a document as it may be amended from time to time.

   (77)  Subsection 177 (6) of the Act is amended by striking out “a code, formula, standard, protocol or procedure” and substituting “a document”.

   (78)  Section 177.1 of the Act is amended by striking out “certificate of approval, provisional certificate of approval, renewable energy approval” and substituting “environmental compliance approval, renewable energy approval”.

   (79)  Subclause 182.1 (1) (a) (v) of the Act is amended by striking out “a certificate of approval, provisional certificate of approval” and substituting “an environmental compliance approval”.

   (80)  Subclause 182.1 (1) (b) (iii) of the Act is amended by striking out “a certificate of approval, provisional certificate of approval” at the beginning and substituting “an environmental compliance approval”.

   (81)  Clause 182.1 (13) (b) of the Act is amended by striking out “any certificate of approval, provisional certificate of approval” and substituting “any environmental compliance approval”.

   (82)  Clause 182.1 (13) (c) of the Act is amended by striking out “any certificate of approval, provisional certificate of approval” and substituting “any environmental compliance approval”.

   (83)  The Act is amended by adding the following sections:

Administrative penalties

   182.3  (1)  The purpose of an administrative penalty issued under this section is,

  (a)  to ensure compliance with,

           (i)  the requirement to apply for a review under subsection 20.4 (2),

          (ii)  the requirement to register an activity under subsection 20.21 (1),

         (iii)  the requirement to maintain and update a registration under subsection 20.22 (2), or

         (iv)  the requirement to carry out measures set out in a notice under section 157.4; or

  (b)  to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of contravening the requirements mentioned in clause (a).

Order by provincial officer

   (2)  A provincial officer may, subject to the regulations, issue an order requiring a person to pay an administrative penalty if,

  (a)  the provincial officer is of the opinion that the person has contravened any of the requirements mentioned in clause (1) (a); and

  (b)  the regulations authorize the issue of the order by a provincial officer.

Order by Director

   (3)  The Director may, subject to the regulations, issue an order requiring a person to pay an administrative penalty if the Director is of the opinion that the person has contravened any of the requirements mentioned in clause (1) (a).

Limitation

   (4)  An order mentioned in subsection (2) or (3) shall be served not later than one year after the day on which evidence of the contravention first came to the attention of a provincial officer or the Director.

Orders not to be issued to employees, officers, directors or agents

   (5)  If a person who is required to comply with a requirement mentioned in subsection (1) is a corporation, an order under subsection (2) or (3) shall not be issued to an employee, officer, director or agent of the corporation.

Amount of penalty

   (6)  The amount of the administrative penalty for each day or part of a day on which a contravention occurred or continues to occur shall be determined by the provincial officer or the Director in accordance with the regulations.

Total penalty

   (7)  Subject to subsection (8), the amount of the administrative penalty shall not exceed $100,000 for each contravention.

Same, provincial officer

   (8)  The amount of the administrative penalty specified in an order issued by a provincial officer shall not exceed $5,000 for each contravention.

Contents of notice

   (9)  An order mentioned in subsection (2) or (3) shall be served on the person who is required to pay the administrative penalty and shall,

  (a)  contain a description of the contravention to which the order relates, including, if appropriate, the date of the contravention;

  (b)  specify the amount of the penalty;

   (c)  give particulars respecting the time for paying the penalty and the manner of payment; and

  (d)  provide information to the person as to the person’s right to require,

           (i)  a hearing under section 140, if the order is issued by the Director, or

          (ii)  a review under section 182.4, if the order is issued by a provincial officer.

Absolute liability

   (10)  A requirement that a person pay an administrative penalty applies even if,

  (a)  the person took all reasonable steps to prevent the contravention; or

  (b)  at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent.

Same

   (11)  For greater certainty, nothing in subsection (10) affects the prosecution of an offence.

Payment prevents conviction

   (12)  A person who pays an administrative penalty in respect of a contravention and has remedied the contravention shall not be convicted of an offence under this Act in respect of the same contravention.

Regulations

   (13)  The Lieutenant Governor in Council may make regulations,

  (a)  specifying the form and content of orders under this section;

  (b)  governing the determination of the amount of administrative penalties;

   (c)  respecting any matter necessary for the administration of the system of administrative penalties.

Review of administrative penalty imposed by provincial officer

   182.4  (1)  A person who is required by an order issued by a provincial officer to pay an administrative penalty may, within seven days after being served with the order, request that the Director review the order.

Request for review

   (2)  A request for a review shall be made in writing and shall include,

  (a)  a statement of whether the review applies to the liability to pay the penalty, the amount of the penalty or both;

  (b)  any submissions that the person requesting the review wishes the Director to consider; and

   (c)  for the purposes of subsection (7), an address for service by mail, fax or such other means of service as the regulations may prescribe.

Stay

   (3)  If a person requests a review, the requirement to pay the administrative penalty is stayed until the disposition of the matter.

Decision of Director

   (4)  A Director who receives a request for a review may,

  (a)  revoke the order of the provincial officer; or

  (b)  by order directed to the person who requested the review, confirm or alter the order of the provincial officer.

Same

   (5)  For the purposes of subsection (4), the Director may substitute his or her opinion for that of the provincial officer.

Amount of penalty

   (6)  For greater certainty, if the review applies to the amount of the penalty, the regulations made under clause 182.3 (13) (b) apply for the purposes of the review.

Notice of decision

   (7)  The Director shall serve a person requesting a review with a copy of,

  (a)  the Director’s decision or order under subsection (4); and

  (b)  if the Director issues an order under clause (4) (b), the reasons for the order.

Automatic confirmation of order

   (8)  If the Director does not comply with subsection (7) within seven days after receiving a request for a review, the order in respect of which the review was requested shall be deemed to have been confirmed by order of the Director.

Same

   (9)  For the purposes of section 140, a deemed confirmation by order of the Director under subsection (8) shall be,

  (a)  deemed to be directed to the person to whom the order of the provincial officer was directed; and

  (b)  deemed to have been served on the person mentioned in clause (a) on the last day of the time period mentioned in subsection (8).

Exception

   (10)  Subsections (8) and (9) do not apply if, within seven days after receiving the request for a review, the Director gives written notice to the person requesting the review stating that the Director requires additional time to make a decision.

Regulations

   (11)  The Lieutenant Governor in Council may make regulations specifying the form and content of orders under this section.

Failure to pay administrative penalty when required

   182.5  (1)  If a person who is required to pay an administrative penalty fails to comply with the requirement,

  (a)  the order that requires payment may be filed with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court;

  (b)  the Director may, by order, suspend any registration filed under Part II.2 or any permit, licence or environmental compliance approval issued to the person under this Act until the administrative penalty is paid; and

   (c)  the Director may refuse to issue any permit, licence or environmental compliance approval to the person or refuse to amend any permit, licence or environmental compliance approval issued to the person under this Act until the administrative penalty is paid.

Same

   (2)  Section 129 of the Courts of Justice Act applies in respect of an order filed under clause (1) (a) and, for that purpose, the date on which the order is filed under clause (1) (a) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

   (84)  Subsection 186 (3) of the Act is repealed and the following substituted:

Offence re approval, licence or permit, etc.

   (3)  Every person who fails to comply with the terms and conditions of an environmental compliance approval, certificate of property use or renewable energy approval or of a licence or permit under this Act or who fails to comply with the terms of a report under section 29 is guilty of an offence.

   (85)  Paragraph 3 of subsection 187 (3) of the Act is amended by striking out “a certificate of approval, provisional certificate of approval” and substituting “an environmental compliance approval”.

   (86)  Subsection 191 (1) of the Act is repealed and the following substituted:

Suspension of default in payment of fine

   (1)  Where a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002, the Toxics Reduction Act, 2009 or the regulations made under any of them, on the application of the Director, an order may be made under subsection 69 (2) of the Provincial Offences Actdirecting that, until the fine is paid,

  (a)  one or more of the person’s licences be suspended;

  (b)  no licence be issued to the person, or

   (c)  the person’s registration under Part II.2 be suspended.

   (87)  Subsection 191 (2) of the Act is repealed and the following substituted:

Duty of Director

   (2)  The Director shall,

  (a)  on being informed of an outstanding order referred to in subsection (1), suspend the person’s licence or registration, if it is not already suspended under another order referred to in subsection (1); and

  (b)  on being informed that the fine and any applicable administrative fee for the reinstatement of the licence or registration are paid, reinstate the licence or registration, unless the Director has been informed that,

           (i)  there is another outstanding order referred to in subsection (1) directing that the licence or registration be suspended, or

          (ii)  the licence or registration is suspended under any other order or under another statute.

   (88)  The definition of “licence” in subsection 191 (4) of the Act is repealed and the following substituted:

“licence” means an environmental compliance approval or a licence issued under this Act.

   (89)  Subclause 194 (1) (a) (ii) of the Act is amended by striking out “a certificate of approval, provisional certificate of approval” at the beginning and substituting “an environmental compliance approval”.

   (90)  Subclause 194 (1) (b) (ii) of the Act is amended by striking out “a certificate of approval, provisional certificate of approval” and substituting “an environmental compliance approval”.

   (91)  Clause 194 (1) (e) of the Act is amended by striking out “a certificate of approval, provisional certificate of approval” and substituting “an environmental compliance approval”.

   (92)  Section 196.1 of the Act is repealed and the following substituted:

Administrative changes to environmental compliance approval, etc.

   196.1  The Director may revoke an environmental compliance approval, alter the terms and conditions of an environmental compliance approval or make an order revoking or amending a program approval or order issued by the Director under this Act if the Director is satisfied that the revocation, alteration or amendment is in the public interest and is desirable for administrative reasons to,

  (a)  reflect changes that have occurred with respect to the identity or description of any person or place; or

  (b)  eliminate provisions that are spent or obsolete.

Ontario Water Resources Act

   3.  (1)  Subsection 1 (1) of the Ontario Water Resources Act is amended by adding the following definition:

“environmental compliance approval” means an approval issued under Part II.1 of the Environmental Protection Act; (“autorisation environnementale”)

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

“regulated person” means,

  (a)  a person who belongs to a class of persons prescribed by the regulations and who holds or is required to hold,

           (i)  an approval, licence or permit under this Act, or

          (ii)  an environmental compliance approval, certificate of property use, licence or permit under the Environmental Protection Act,

  (b)  a person who has registered or is required to register an activity under subsection 20.21 (1) of the Environmental Protection Act, or

   (c)  a corporation that belongs to a class of corporations prescribed by the regulations; (“personne réglementée”)

   (3)  Subsection 7 (1) of the Act is amended by striking out “subsection 54 (1), 55 (1) or 74 (4)” and substituting “subsection 74 (4)”.

   (4)  Section 7 of the Act is amended by adding the following subsections:

Transition

   (10)  If, before the day subsection 3 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force, a hearing has been required and a notice of objection has been served in accordance with subsection 8 (1), the hearing shall be held under section 20.15 of the Environmental Protection Act.

Same

   (11)  If, on the day subsection 3 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force, the time period during which a notice of objection may be served under subsection 8 (1) has not lapsed, the Tribunal shall refer the subject matter of the notice back to the Director and the Director shall determine whether or not to require a hearing under section 20.15 of the Environmental Protection Act.

   (5)  Subsection 8 (1) of the Act is amended by striking out “any person objecting to the action proposed under subsection 54 (1) or 55 (1) or the order referred to in subsection 74 (2)” and substituting “any person objecting to the order referred to in subsection 74 (2)”.

   (6)  The Act is amended by adding the following section:

Power to require response to inquiries

   15.0.1  (1)  For the purposes of determining compliance of a person with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries.

Same

   (2)  For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication.

   (7)  Subsection 16 (3) of the Act is amended by adding the following clause:

(i.1)  registering an activity under Part II.2 of the Environmental Protection Act;

   (8)  Paragraph 1 of subsection 34.7 (9) of the Act is amended by striking out “An approval granted under section 53” at the beginning and substituting “An environmental compliance approval”.

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

Approval, sewage works

   (1)  Subject to section 47.3 of the Environmental Protection Act, no person shall use, operate, establish, alter, extend or replace new or existing sewage works except under and in accordance with an environmental compliance approval.

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

Exception, prescribed activities

   (2)  Subsection (1) does not apply to a person who is engaging in an activity at a site if the activity has been prescribed by the regulations made under the Environmental Protection Actfor the purposes of subsection 20.21 (1) of that Act, unless one of the following circumstances applies:

    1.  An environmental compliance approval in respect of the activity engaged in at the site has been issued before the day when a regulation made under the Environmental Protection Act prescribing the activity for the purposes of subsection 20.21 (1) of that Act comes into force, and the approval has not ceased to have effect as determined under section 20.17 of that Act.

    2.  Subject to subsection (2.1), the Director has issued an order under section 20.18 of the Environmental Protection Actin respect of the activity at the site.

Same

   (2.1)  If a registration under Part II.2 of the Environmental Protection Act is in effect in respect of an activity engaged in at a site when the Director issues an order under section 20.18 of that Act in respect of the activity, subsection (1) applies only once the Director has removed the registration from the Environmental Activity and Sector Registry established under Part II.2 of that Act.

   (11)  Subsection 53 (3) of the Act is amended by striking out “the approval of a Director” and substituting “an environmental compliance approval”.

   (12)  Subsections 53 (4) and (5) of the Act are repealed.

   (13)  Subsection 53 (6) of the Act is amended by adding the following clause:

(0.a) to routine maintenance carried out on any sewage works;

   (14)  Subsection 53 (7) of the Act is amended by striking out “an approval under this section” at the end and substituting “an environmental compliance approval”.

   (15)  Section 53 of the Act is amended by adding the following subsections:

Terms and conditions

   (8)  In imposing terms and conditions in an approval, the Director may include terms and conditions in respect of, but not limited to,

  (a)  future specified alterations, extensions or replacements, including future specified alterations, extensions or replacements to be carried out by persons prescribed by the regulations;

  (b)  operational parameters, including maximum rates of production, process limits, performance limits and parameters relating to equipment and infrastructure; and

   (c)  alterations, extensions or replacements to be carried out within the operational parameters mentioned in clause (b), including alterations, extensions or replacements to be carried out within the operational parameters by persons prescribed by the regulations.

Same

   (9)  If the Director imposes terms and conditions mentioned in clause (8) (a), (b) or (c) in respect of alterations, extensions or replacements to be carried out by persons prescribed by the regulations, the approval shall be deemed to include a condition that the owner of the sewage works must give the persons notice of the terms and conditions in the approval.

Application of Environmental Assessment Act

   (10)  Subsection 12.2 (2) of the Environmental Assessment Act does not prohibit a Director from imposing terms and conditions mentioned in clause (8) (a), (b) or (c) in an approval, but the other applicable provisions of that Act continue to apply to any future alterations, extensions or replacements that the Director may approve in an approval.

Combined approval

   (11)  The Director may issue an approval in respect of one or more activities at one or more sites.

   (16)  Subsections 53 (8) to (11) of the Act, as enacted by subsection (15), are repealed.

   (17)  Subsection 53.1 (4) of the Act is amended by striking out “as if they were an approval under section 53” and substituting “as if they were an environmental compliance approval”.

   (18)  Subsection 53.1 (6) of the Act is repealed.

   (19)  Subsections 54 (1), (2) and (3) of the Act are repealed.

   (20)  Subsection 54 (4) of the Act is amended by striking out “Where a Director has given his or her approval under section 53 to an establishment or extension under subsection (1)” at the beginning and substituting “If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of a sewage works established or extended or to be established or extended by a municipality in or into another municipality or territory without municipal organization”.

   (21)  Subsection 54 (5) of the Act is amended by striking out “Where a Director has given his or her approval under section 53 to an establishment or extension under subsection (1)” at the beginning and substituting “If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of a sewage works established or extended or to be established or extended by a municipality in or into another municipality or territory without municipal organization”.

   (22)  Subsection 54 (10) of the Act is repealed.

   (23)  Subsection 54 (11) of the Act is amended by striking out “Where a Director has given his or her approval under section 53 to an extension by a person, other than a municipality” at the beginning and substituting “If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of the extension of a sewage works by a person, other than a municipality”.

   (24)  Subsection 54 (12) of the Act is amended by striking out “the terms and conditions of the approval of a Director given under section 53” and substituting “the regulations made for the purposes of Part II.2 of the Environmental Protection Act or the terms and conditions in the environmental compliance approval”.

   (25)  Subsections 55 (1), (2) and (3) of the Act are repealed.

   (26)  Subsection 55 (4) of the Act is amended by striking out “Where a Director has given his or her approval under section 53 to an establishment or extension by a person, other than a municipality” at the beginning and substituting “If a registration under Part II.2 of the Environmental Protection Actis in effect or an environmental compliance approval has been issued in respect of the establishment or extension of a sewage treatment works by a person, other than a municipality”.

   (27)  Subsection 55 (5) of the Act is amended by striking out “the terms and conditions of the approval of a Director given under section 53” and substituting “the regulations made for the purposes of Part II.2 of the Environmental Protection Act or the terms and conditions in the environmental compliance approval”.

   (28)  Section 56 of the Act is amended by striking out “has obtained the approval of a Director” and substituting “has been issued an environmental compliance approval or has been provided with a confirmation of registration under Part II.2 of the Environmental Protection Act”.

   (29)  Section 59 of the Act is amended by striking out “any order, direction or approval issued under the authority of this Act or any predecessor of any provision of this Act” and substituting “any order, direction or approval issued under the authority of this Act or any predecessor of any provision of this Act or an environmental compliance approval”.

   (30)  Clause 75 (1) (t) of the Act is repealed and the following substituted:

    (t)  deeming an environmental compliance approval to exist in respect of any sewage works to which subsection 53 (1) would apply but for an exemption from the requirement to obtain an environmental compliance approval set out in a regulation;

   (31)  Subsection 77 (4) of the Act is repealed and the following substituted:

Adoption of documents in regulations

   (4)  A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol, or procedure, and may require compliance with any document so adopted.

   (32)  Subsection 77 (5) of the Act is repealed and the following substituted:

Rolling incorporation by reference

   (5)  The power to adopt by reference and require compliance with a document in subsection (4) includes the power to adopt a document as it may be amended from time to time.

   (33)  Subsection 77 (6) of the Act is amended by striking out “a code, formula, standard, protocol or procedure” and substituting “a document”.

   (34)  Section 89 of the Act is repealed and the following substituted:

Costs may be recovered from deposit or financial assurance

   89.  Where an order to pay costs is directed to a person who has given a deposit under a regulation made under the Environmental Protection Act or is in respect of works or property for which financial assurance is required under Part XII of that Act or a regulation made under clause 176 (2.4) (i) of that Act, the deposit or financial assurance may be used to recover amounts specified in the order to pay costs.

Safe Drinking Water Act, 2002

   4.  Section 125 of the Safe Drinking Water Act, 2002 is repealed and the following substituted:

Costs may be recovered from deposit or financial assurance

   125.  Where an order to pay costs is directed to a person who has given a deposit under a regulation made under the Environmental Protection Act or is in respect of works or property for which financial assurance is required under Part XII of that Actor a regulation made under clause 176 (2.4) (i) of that Act, the deposit or financial assurance may be used to recover amounts specified in the order to pay costs.

Toxics Reduction Act, 2009

   5.  (1)  Subclause 30 (13) (b) (i) of the Toxics Reduction Act, 2009, as amended by subsection 66 (3) of the Act, is repealed and the following substituted:

           (i)  any environmental compliance approval, renewable energy approval, licence or permit issued to the person under the Environmental Protection Act,

       (i.1)  a registration under Part II.2 of the Environmental Protection Act in respect of an activity in which the person is engaging,

   (2)  Subclause 30 (13) (c) (i) of the Act, as amended by subsection 66 (4) of the Act, is repealed and the following substituted:

           (i)  any environmental compliance approval, renewable energy approval, licence or permit issued to the person under the Environmental Protection Act,

Waste Management Act, 1992

   6.  The Waste Management Act, 1992 is repealed.

Waterfront Regeneration Trust Agency Act, 1992

Repeal

   7.  (1)  The Waterfront Regeneration Trust Agency Act, 1992 is repealed.

Transition

   (2)  Any property held by the Agency that has not been disposed of on the day subsection (1) comes into force vests in the Crown.

Repeal and Commencement

   8.  Subsection 5 (19) of Schedule G to the Government Efficiency Act, 2001 is repealed.

Commencement

   9.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Same

   (2)  The following provisions come into force on a day to be named by proclamation of the Lieutenant Governor:

    1.  Subsections 2 (1) to (6), (8) to (21), (23) to (27), (29) to (62), (64) to (74) and (78) to (92).

    2.  Subsections 3 (1) to (5), (7) to (14), (16), (17), (19) to (30) and (34).

    3.  Section 4.

Same

   (3)  Subsections 5 (1) and (2) come into force on the later of the day subsection 2 (3) of this Schedule comes into force and the day subsection 30 (13) of the Toxics Reduction Act, 2009 comes into force.

 

Schedule 8
Ministry of Government Services

Business Corporations Act

   1.  (1)  Subsection 10 (2) of the Business Corporations Act is repealed and the following substituted:

Languages

   (2)  Subject to this Act and the regulations, a corporation may have a name that is,

  (a)  English only;

  (b)  French only;

   (c)  one name that is a combination of English and French; or

  (d)  one name in English and one name in French that are equivalent but are used separately.

   (2)  Subsection 10 (2.1) of the Act is repealed and the following substituted:

Same

   (2.1)  A corporation that has a name described in clause (2) (d) may be legally designated by its English name or its French name.

Business Names Act

   2.  Section 2.1 of the Business Names Act is amended by adding the following subsections:

Use of “Limited”

   (2.1)  Despite any other Act, the word “Limited” or any abbreviation of that word or any version of it in another language may be used in the registered company name of an extra-provincial limited liability company.

.     .     .     .     .

Exception

   (3.1)  Despite subsections (2) and (3), an extra-provincial limited liability company may carry on business or identify itself to the public under a name other than its company name, if the name is set out in a partnership registration under subsection 4 (1) or a declaration under the Limited Partnerships Act.

Change of Name Act

   3.  Section 12.1 of the Change of Name Act is amended by adding the following subsection:

Orders are not regulations

   (2)  An order made under this section is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006.

Vital Statistics Act

   4.  (1)  Clauses 21 (5) (a) and (b) of the Vital Statistics Act are repealed and the following substituted:

  (a)  in accordance with the Coroners Act, the body has been examined and an investigation into the circumstances of the death has been made or an inquest has been held;

  (b)  a coroner has signed the documentation if any that is prescribed; and

   (2)  Subsection 21 (6) of the Act is amended by striking out “he or she has examined the body” and substituting “the body has been examined”.

Commencement

Commencement

   5.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Same

   (2)  Section 4 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 9
Ministry of Labour

Employment Standards Act, 2000

   1.  (1)  Section 17.3 of the Employment Standards Act, 2000 is amended by adding the following subsection:

Duty re policies

   (3)  An individual authorized by the Director under subsection (1) shall follow any policies established by the Director under subsection 88 (2).

   (2)  Section 22.2 of the Act is amended by adding the following subsection:

Duty re policies

   (3)  An individual authorized by the Director under subsection (1) shall follow any policies established by the Director under subsection 88 (2).

   (3)  The Act is amended by adding the following section after the heading “Enforcement”:

Steps required before complaint assigned

   74.12.1  For the purposes of the application of section 96.1 in respect of this Part, the following modifications apply:

    1.  If an assignment employee or prospective assignment employee files a complaint alleging that a temporary help agency has contravened or is contravening section 74.8,

            i.  a reference to a complainant in section 96.1 is a reference to an assignment employee or prospective assignment employee, as the case requires,

           ii.  a reference to an employer in section 96.1 is a reference to a temporary help agency, and

          iii.  a reference to wages in section 96.1 is a reference to fees charged to the assignment employee or prospective assignment employee in contravention of paragraph 1, 2, 3, 5 or 9 of subsection 74.8 (1).

    2.  If an assignment employee files a complaint alleging that a client has contravened or is contravening section 74.12,

            i.  a reference to a complainant in section 96.1 is a reference to an assignment employee, and

           ii.  a reference to an employer in section 96.1 is a reference to a client.

   (4)  Paragraph 1 of section 74.13 of the Act is amended by adding the following subparagraphs:

          iii.  The officer acquires information that suggests to him or her the possibility that a client may have contravened this Act or the regulations with respect to an assignment employee or prospective assignment employee.

          iv.  The officer wishes to determine whether a client, in whose residence an assignment employee or prospective assignment employee resides, is complying with this Act.

   (5)  Section 74.13 of the Act is amended by adding the following paragraphs:

    3.  If a person who was served with a notice under section 102 and who failed to comply with the notice is a client, a reference to an employer in paragraphs 1 and 2 of subsection 102 (10) is a reference to the client.

    4.  If a person who was served with a notice under section 102 and who failed to comply with the notice is an assignment employee or prospective assignment employee, a reference to an employee in paragraphs 1 and 2 of subsection 102 (10) is a reference to an assignment employee or prospective assignment employee, as the case requires.

   (6)  Section 74.13 of the Act is amended by adding the following subsection:

Interpretation, corporation

   (2)  For the purposes of paragraph 3 of subsection (1), if a client is a corporation, a reference to the client includes a director or employee who was served with a notice requiring him or her to attend the meeting or to bring or make available any records or other documents.

   (7)  The Act is amended by adding the following section:

Time for response

   74.13.1  (1)  For the purposes of the application of section 102.1 in respect of this Part, the following modifications apply:

    1.  In addition to the circumstances set out in subsection 102.1 (1), the following are circumstances in which an employment standards officer may, after giving written notice, require persons to provide evidence or submissions to the officer within the period of time that he or she specifies in the notice:

            i.  The officer is investigating a complaint against a client.

           ii.  The officer, while inspecting a place under section 91 or 92, comes to have reasonable grounds to believe that a client has contravened this Act or the regulations with respect to an assignment employee or prospective assignment employee.

          iii.  The officer acquires information that suggests to him or her the possibility that a client may have contravened this Act or the regulations with respect to an assignment employee or prospective assignment employee.

          iv.  The officer wishes to determine whether a client in whose residence an assignment employee or prospective assignment employee resides is complying with this Act.

    2.  If a person who was served with a notice under section 102.1 and who failed to comply with the notice is a client, a reference to an employer in paragraphs 1 and 2 of subsection 102.1 (1) is a reference to a client.

    3.  If a person who was served with a notice under section 102.1 and who failed to comply with the notice is an assignment employee or prospective assignment employee, a reference to an employee in paragraphs 1 and 2 of subsection 102.1 (3) is a reference to an assignment employee or prospective assignment employee as the case requires.

Interpretation, corporations

   (2)  For the purposes of subsection (1), if a client is a corporation, a reference to the client or person includes a director or employee who was served with a notice requiring him or her to attend the meeting or to bring or make available any records or other documents.

   (8)  The Act is amended by adding the following section:

Steps required before complaint assigned

   96.1  (1)  The Director shall not assign a complaint to an employment standards officer for investigation unless the complainant has taken the steps specified by the Director to facilitate the investigation of the complaint.

Exception

   (2)  Despite subsection (1), the Director may assign a complaint to an employment standards officer for investigation even though the complainant has not taken the specified steps.

Same

   (3)  Without restricting the generality of subsection (1), the Director may specify that,

  (a)  the complainant shall inform the employer of the basis for his or her view that this Act has been or is being contravened and, if he or she is of the view that wages are owed, the amount of the wages;

  (b)  the complainant shall indicate to the Director in writing what information was given to the employer under clause (a), the manner in which it was given and the response, if any, that the employer gave; and

   (c)  the complainant shall give the Director such evidence and other information in writing as the Director considers appropriate for assigning the complaint to an employment standards officer for investigation.

Where steps not taken

   (4)  If the Director determines that a complainant has not taken the specified steps, the Director shall inform the complainant that the complaint has not been assigned to an employment standards officer for investigation.

Deemed refusal

   (5)  If a complainant has been informed that his or her complaint has not been assigned to an employment standards officer and the complainant has not taken the specified steps within a period of six months after the complaint was filed, an employment standards officer shall be deemed to have refused to issue an order and to have served a letter on the complainant advising him or her of the refusal on the last day of the six-month period.

Delegation by Director

   (6)  The Director may authorize an individual employed in the Ministry to exercise the power conferred on the Director under subsection (2) or (4), either orally or in writing.

Duty re policies

   (7)  An individual authorized by the Director under subsection (6) shall follow any policies established by the Director under subsection 88 (2).

Residual power

   (8)  The Director may exercise a power conferred on the Director under subsection (2) or (4) even if he or she delegated it to a person under subsection (6).

   (9)  The Act is amended by adding the following sections after the heading “Enforcement by Employment Standards Officer”:

Settlement by employment standards officer

   101.1  (1)  An employment standards officer assigned to investigate a complaint may attempt to effect a settlement.

Effect of settlement

   (2)  If the employer and employee agree to a settlement under this section and do what they agreed to do under it,

  (a)  the settlement is binding on them;

  (b)  the complaint is deemed to have been withdrawn;

   (c)  the investigation is terminated; and

  (d)  any proceeding respecting the contravention alleged in the complaint, other than a prosecution, is terminated.

Application of s. 112 (4), (5), (7) and (9)

   (3)  Subsections 112 (4), (5), (7) and (9) apply, with necessary modifications, in respect of a settlement under this section.

Application to void settlement

   (4)  If, upon application to the Board, the employee or employer demonstrates that he, she or it entered into a settlement under this section as a result of fraud or coercion,

  (a)  the settlement is void;

  (b)  the complaint is deemed never to have been withdrawn;

   (c)  the investigation of the complaint is resumed; and

  (d)  any proceeding respecting the contravention alleged in the complaint that was terminated is resumed.

Settlement by labour relations officer, etc.

Attempt to effect settlement

   101.2  (1)  Where a complaint has been assigned for investigation, a labour relations officer or an individual who is employed in the Ministry and who reports to the Director of Dispute Resolution Services may, on the Director’s request, attempt to effect a settlement.

Application of s. 101.1 (2) to (4)

   (2)  Subsections 101.1 (2) to (4) apply, with necessary modifications, in respect of a settlement under this section.

Labour relations officers, etc., not compellable

   (3)  A person referred to in subsection (1) is not a competent or compellable witness in a civil proceeding or a proceeding under this Act respecting any information given or obtained, statements made or received, or records or other things produced or received under this Act.

Records

   (4)  A person referred to in subsection (1) shall not be compelled in a civil proceeding or a proceeding under this Act to produce any record or other things he or she has made or received under this Act.

Confidentiality

   (5)  A person who attempts to effect a settlement under this section shall not disclose to any person any information received in the course of doing so, except for a report as to whether a settlement was effected or not.

Definition

   (6)  In this section,

“Director of Dispute Resolution Services” has the meaning assigned by subsection 1 (1) of the Labour Relations Act, 1995.

Repeal

   (7)  This section is repealed on the second anniversary of the day subsection 1 (9) of Schedule 9 to the Open for Business Act, 2010 comes into force.

   (10)  Section 102 of the Act is amended by adding the following subsections:

Determination if person fails to attend, etc.

   (10)  If a person served with a notice under this section fails to attend the meeting or fails to bring or make available any records or other documents as required by the notice, the officer may determine whether an employer has contravened or is contravening this Act on the basis of the following factors:

    1.  If the employer failed to comply with the notice,

            i.  any evidence or submissions provided by or on behalf of the employer before the meeting, and

           ii.  any evidence or submissions provided by or on behalf of the employee before or during the meeting.

    2.  If the employee failed to comply with the notice,

            i.  any evidence or submissions provided by or on behalf of the employee before the meeting, and

           ii.  any evidence or submissions provided by or on behalf of the employer before or during the meeting.

    3.  Any other factors that the officer considers relevant.

Employer includes representative

   (11)  For the purposes of subsection (10), if the employer is a corporation, a reference to an employer includes a director or employee who was served with a notice requiring him or her to attend the meeting or to bring or make available any records or other documents.

   (11)  The Act is amended by adding the following section:

Time for response

   102.1  (1)  An employment standards officer may, in any of the following circumstances and after giving notice, require an employee or an employer to provide evidence or submissions to the officer within the time that he or she specifies in the notice:

    1.  The officer is investigating a complaint against an employer.

    2.  The officer, while inspecting a place under section 91 or 92, comes to have reasonable grounds to believe that an employer has contravened this Act or the regulations with respect to an employee.

    3.  The officer acquires information that suggests to him or her the possibility that an employer may have contravened this Act or the regulations with respect to an employee.

    4.  The officer wishes to determine whether the employer of an employee who resides in the employer’s residence is complying with this Act.

Service of notice

   (2)  The notice shall be served on the employer or employee in accordance with section 95.

Determination if person fails to respond

   (3)  If a person served with a notice under this section fails to provide evidence or submissions as required by the notice, the officer may determine whether the employer has contravened or is contravening this Act on the basis of the following factors:

    1.  Any evidence or submissions provided by or on behalf of the employer or the employee before the notice was served.

    2.  Any evidence or submissions provided by or on behalf of the employer or the employee in response to and within the time specified in the notice.

    3.  Any other factors that the officer considers relevant.

Workplace Safety and Insurance Act, 1997

   2.  Paragraph 10 of subsection 4 (1) of the Workplace Safety and Insurance Act, 1997 is repealed and the following substituted:

  10.  To develop standards for training about first aid.

Commencement

Commencement

   3.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Same

   (2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 10
Ministry of Natural resources

Conservation Authorities Act

   1.  (1)  Subsection 21 (2) of the Conservation Authorities Act is repealed and the following substituted:

Approval of Minister

   (2)  If the Minister has made a grant to an authority under section 39 in respect of land, the authority shall not sell, lease or otherwise dispose of the land under clause (1) (c) without the approval of the Minister except if,

  (a)  the disposition is for provincial or municipal infrastructure and utility purposes;

  (b)  the province, the provincial agency, board or commission affected by the disposition or the municipal government, agency, board or commission affected by the disposition has approved it; and

   (c)  the authority informs the Minister of the disposition.

   (2)  Subsection 28 (16) of the Act is amended by adding “or the terms and conditions of a permission of an authority in a regulation made under clause (1) (b) or (c)” after “subsection (1)”.

   (3)  Section 28 of the Act is amended by adding the following subsection:

Limitation for proceeding

   (16.1)  A proceeding with respect to an offence under subsection (16) shall not be commenced more than two years from the earliest of the day on which evidence of the offence is discovered or first comes to the attention of officers appointed under clause (1) (d) or persons appointed under clause (1) (e).

   (4)  The Act is amended by adding the following section:

Regulations

   40.  The Lieutenant Governor in Council may make regulations defining any term that is used in this Act and that is not defined in this Act.

Crown Forest Sustainability Act, 1994

   2.  (1)  Section 11 of the Crown Forest Sustainability Act, 1994 is amended by adding the following subsections:

Deemed inclusion

   (3)  If the Minister under the Endangered Species Act, 2007 has entered into an agreement under that Act or an agreement for the purpose of subsection 55 (4) of that Act, has issued a permit under that Act or has entered into, issued, made or approved an instrument described in section 18 of that Act, even if the agreement, permit or instrument, as the case may be, is not prepared in accordance with the Forest Management Planning Manual, then a forest management plan that the Minister previously approved under this Act is deemed to include the parts of the agreement, permit or instrument that the Minister specifies if,

  (a)  the Minister is of the opinion that the planning and consultation associated with the agreement, permit or instrument are comparable to the relevant requirements of the Manual; and

  (b)  the Minister sets out those parts in a notice that the Minister gives to the public in accordance with the requirements of the Manual or the regulations, if there are no requirements for such notice in the Manual.

Effect on sustainability of a Crown forest

   (4)  No forest management plan that includes the parts described in subsection (3) shall be found to fail to provide for the sustainability of a Crown forest as a result of the inclusion of those parts.

Conflict

   (5)  A part of an agreement, permit or instrument that, under subsection (3), is deemed to be included in a forest management plan prevails over any part of the rest of the plan with which it conflicts.

   (2)  Subsection 26 (3) of the Act is amended by adding “Subject to subsection (3.1)” at the beginning.

   (3)  Section 26 of the Act is amended by adding the following subsection:

Seven-year review

   (3.1)  If the circumstances prescribed by the regulations apply to the licence, the Minister shall, during the term of the licence, conduct a review at least every seven years to ensure that the licensee has complied with the terms and conditions of the licence.

   (4)  Subsection 26 (4) of the Act is amended by adding “or (3.1)” after “subsection (3)”.

   (5)  Section 26 of the Act is amended by adding the following subsection:

Additional extension

   (4.1)  At the time of extending the term of a licence under subsection (4), the Minister may, with the approval of the Lieutenant Governor in Council, further extend the term of the licence so that its term expires no later than March 31 of the 20th year after the year in which the Minister makes the extension.

   (6)  Subsection 69 (1) of the Act is amended by adding the following paragraphs:

  3.1  prescribing requirements for giving notice under clause 11 (3) (b);

.     .     .     .     .

    7.  prescribing circumstances for the purpose of a review of a forest resource licence under subsection 26 (3.1);

Oil, Gas and Salt Resources Act

   3.  (1)  Clause 3 (1) (a) of the Oil, Gas and Salt Resources Act is repealed and the following substituted:

  (a)  subject to subsection (3), enter in or upon any premises at any time without a warrant for the purpose of determining whether this Act is being complied with and authorize any other person acting under the inspector’s direction to enter the premises, with or without the inspector, for the purpose of assisting the inspector;

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

Search in exigent circumstances

   (2)  If an inspector believes on reasonable grounds that there is in a building, other place or a vehicle any thing that will afford evidence of an offence under this Act but that the time required to obtain a search warrant would lead to the loss, removal or destruction of the evidence, the inspector may, without a search warrant, enter and search the building, other place or vehicle.

Dwellings

   (3)  Clause (1) (a) and subsection (2) do not apply to a building or part of a building that is used as a dwelling.

   (3)  The Act is amended by adding the following sections:

Search with warrant

   3.1  (1)  An inspector may obtain a search warrant under Part VIII of the Provincial Offences Act in respect of an offence under this Act.

Access to premises

   (2)  When executing the warrant, an inspector may pass through or over any land, other than the area surrounding a dwelling, without being liable to trespass or any other action in relation to the land, in order to gain access to the building, other place or vehicle that are subject to inspection under this section, if,

  (a)  it is necessary to do so in order to gain the access or to gain the access in a timely manner; and

  (b)  it is impractical to use any other means to gain the access.

Use of force

   (3)  The inspector named in a warrant mentioned in this section may use as much force as is reasonably necessary to execute the warrant.

Inspection of vehicles, etc.

   3.2  (1)  For the purpose of this Act or the regulations, an inspector may stop a vehicle, boat or aircraft if the inspector has reasonable grounds to believe that stopping the vehicle, boat or aircraft, would assist in determining whether there is compliance with this Act and the regulations.

Duty to stop

   (2)  On the inspector’s signal to stop, the operator of the vehicle, boat or aircraft shall immediately stop and produce for inspection any document or other thing requested by the inspector.

Stop signals

   (3)  For the purpose of subsection (2), signals to stop include,

  (a)  intermittent flashes of red light, in the case of a vehicle;

  (b)  intermittent flashes of blue light in the case of a boat; and

   (c)  a hand signal to stop, in the case of a vehicle or boat.

Seizure and forfeiture

   3.3  (1)  An inspector who is lawfully in a building or other place may, without a warrant, seize any thing the inspector believes on reasonable grounds,

  (a)  has been used in the commission of an offence under this Act; or

  (b)  will afford evidence of the commission of an offence under this Act.

Presence pursuant to warrant

   (2)  If the inspector is in the building or other place pursuant to a warrant, subsection (1) applies to the thing, whether or not it is specified in the warrant.

Safekeeping

   (3)  An inspector shall deliver any thing that the inspector seizes to a person authorized by the Minister for safekeeping, unless the thing is required to be carried before a justice as defined in the Provincial Offences Act by a search warrant issued under Part VIII of that Act.

Return of seized things

   (4)  A thing seized and not forfeited under this section shall be returned to the person from whom it was seized if,

  (a)  a charge is not laid at the conclusion of the investigation; or

  (b)  a charge is laid but, when the prosecution is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn.

Costs of seizure, etc.

   (5)  If a person is convicted of an offence under this Act, the justice as defined in the Provincial Offences Act may, in addition to any other penalty, order the person to pay all or any part of any expenses incurred by the Minister with respect to the seizure, storage or disposition of any thing seized in connection with the offence.

Arrest without warrant

   3.4  (1)  An inspector may arrest without warrant a person the inspector believes on reasonable grounds is committing, has committed or is preparing to commit an offence under this Act.

Use of force

   (2)  An inspector may use as much force as is reasonably necessary to make an arrest under this section.

Release

   (3)  An inspector who arrests a person under this section shall, as soon as practicable, release the person from custody, unless the inspector has reasonable grounds to believe that,

  (a)  it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to,

           (i)  establish the identity of the person,

          (ii)  secure or preserve evidence of or relating to the offence, or

         (iii)  prevent the continuation or repetition of the offence or the commission of another offence; or

  (b)  the person arrested, if released, will not respond to the summons or offence notice or will not appear in court.

Appearance before justice

   (4)  Section 150 of the Provincial Offences Act applies if the person arrested is not released.

   (4)  Subsection 11 (1) of the Act is repealed and the following substituted:

Permit required for injection project

   (1)  No person shall, unless the person is the holder of a permit for the purpose, inject oil, gas, water or another substance into an area, including a geological formation, in connection with a project for,

  (a)  enhancing the recovery of oil, gas, formation water or another substance;

  (b)  injecting, storing or withdrawing oil, gas or another approved substance; or

   (c)  disposing of oil field fluid.

Prohibition re carbon dioxide

   (1.1)  Despite subsection (1), no person shall inject carbon dioxide for the purposes of carbon sequestration into an area, including a geological formation, in connection with a project described in that subsection.

   (5)  Subsection 17 (1) of the Act is amended by adding the following clause:

(m)  governing activities for the production or storage of fluids, the injection of fluids into underground geological formations or the withdrawal of fluids from those formations.

Public Lands Act

   4.  (1)  Subsection 11 (2) of the Public Lands Act is repealed.

   (2)  Subsection 27 (1) of the Act is repealed and the following substituted:

Unauthorized filling

   (1)  Except with the written consent of the Minister or an officer authorized by the Minister, no person shall deposit or cause to be deposited any material, substance or thing,

  (a)  on public lands, whether or not the lands are covered with water or ice; or

  (b)  on water or ice covering public lands.

   (3)  Section 28 of the Act is repealed and the following substituted:

Unauthorized occupation, etc., of public lands

   28.  (1)  The Ministry may give notice prohibiting, controlling or governing,

  (a)  the possession, occupation or any use or uses of public lands or roads under the jurisdiction of the Minister; or

  (b)  the parking of vehicles on public lands or the roads described in clause (a).

Methods of giving notice

   (2)  A notice mentioned in subsection (1) may be given,

  (a)  in those newspapers and other media that the Minister considers appropriate;

  (b)  by means of signs posted on the public lands or the road to which the notice applies so that it is clearly visible in daylight under normal conditions from the approach or each point of access to the lands or road; or

   (c)  by means of the marking system described in section 7 of the Trespass to Property Act.

Offences

   (3)  A person is guilty of an offence if the person possesses, occupies or uses any public lands or a road in contravention of a notice given under subsection (1) or parks a vehicle on public lands or a road in contravention of any such notice.

   (4)  Section 30 of the Act is repealed.

   (5)  Section 45 of the Act is repealed.

   (6)  The definition of “public forest road” in section 48 of the Act is repealed.

   (7)  The definition of “road” in section 48 of the Act is amended by striking out “a tertiary road, a resource road”.

   (8)  Section 51 of the Act is repealed.

   (9)  Sections 52 and 53 of the Act are repealed and the following substituted:

Closure of roads

   52.  (1)  The district manager of the administrative district of the Ministry in which a road is situate may, in his or her discretion and for any periods that he or she determines, close the road or part of it to travel by the public generally or by any classes of the public.

Methods of closure

   (2)  A closing of a road under subsection (1) may be effected by the erection of signs or barricades.

Barricades

   (3)  A district manager who closes a road or part of it under subsection (1) by the erection of barricades shall,

  (a)  cause to be erected at each end of the road or part so closed and at each intersection of it with any other road a barricade upon which a red or flashing amber light visible for a distance of 150 metres shall be exposed and kept burning or operating continuously from sunset until sunrise; and

  (b)  at each end and intersection described in clause (a), cause to be erected a notice that the road is closed.

Permits

   (4)  Despite the closure of a road, the district manager may grant a permit for travel on the road subject to the terms and conditions that he or she considers advisable.

Offence

   (5)  A person is guilty of an offence if the person,

  (a)  without lawful authority, travels on a road that has been closed to travel by the person under subsection (1) and has had a reasonable opportunity of knowing that the road has been so closed; or

  (b)  removes or defaces any barricade, light or notice erected on a road by lawful authority.

Liability for damages

   (6)  A person who, in contravention of subsection (5), travels on a road or removes or defaces any barricade, light or notice erected on a road is liable to the Crown in right of Ontario for any damage or injury occasioned by the wrongful travel, removal or defacement.

Partial closure

   53.  If the district manager closes a road to the public generally with the exception of persons operating vehicles used for hauling forest products or other products designated by the regulations, sections 80, 108, 109, 110, 111 and 114 of the Highway Traffic Act do not apply to the road or to vehicles operated on the road, as the case may be. 

   (10)  The French version of subsection 54 (5) of the Act is amended by striking out “le gérant de la région administrative” and substituting “le chef de district du district administratif”.

   (11)  Section 57 of the Act is repealed.

Commencement

Commencement

   5.  This Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

 

Schedule 11
Ministry of Northern Development, Mines and Forestry

Northern Services Boards Act

   1.  Clause (a) of Item 8 of the Schedule to the Northern Services Boards Act is amended by striking out “or by a board of an Ontario library service area acting under subsection 34 (2) of the Public Libraries Act”.

Ontario Mineral Exploration Program Act

   2.  The Ontario Mineral Exploration Program Act is repealed.

   3.  Regulation 886 of the Revised Regulations of Ontario, 1990 (Ontario Mineral Incentive Program) and Regulation 887 of the Revised Regulations of Ontario, 1990 (Ontario Prospectors’ Assistance Program), made under the Act, are revoked.

Commencement

Commencement

   4.  This Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

 

Schedule 12
Ministry of Transportation

Dangerous Goods Transportation Act

   1.  (1)  The definition of “analyst” in section 1 of the Dangerous Goods Transportation Act is amended by striking out “the Transportation of Dangerous Goods Act (Canada)” at the end and substituting “the federal Act”.

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

   (3)  The definition of “dangerous goods” in section 1 of the Act is repealed and the following substituted:

“dangerous goods” means a product, substance or organism included by its nature or by the regulations made under the federal Act in any of the classes listed in the schedule to that Act; (“matières dangereuses”)

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

“federal Act” means the Transportation of Dangerous Goods Act, 1992 (Canada); (“loi fédérale”)

“federally prescribed” means prescribed by regulations made under the federal Act;  (“prescrit aux termes de la loi fédérale”)

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

“inspector” means any person designated as an inspector by the Minister under this Act, and references to “inspector” in the provisions of the federal Act and the regulations made under it that are incorporated by reference into this Act shall be read as meaning a person designated as an inspector by the Minister under this Act; (“inspecteur”)

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

“means of containment” means a container or packaging, or any part of a means of transport that is or can be used to contain goods; (“contenant”)

“means of transport” means a vehicle or combination of vehicles; (“moyen de transport”)

   (7)  The definitions of “packaging” and “prescribed” in section 1 of the Act are repealed.

   (8)  The definition of “safety mark” in section 1 of the Act is repealed and the following substituted:

“safety mark” means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed,

  (a)  on a means of containment used or intended to be used in transporting dangerous goods to indicate compliance with a safety standard that applies under the regulations made under the federal Act, or

  (b)  to indicate the presence or nature of danger on dangerous goods, or on a means of containment or means of transport used in transporting dangerous goods; (“indication de sécurité”)

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

“safety standard” means a standard for a means of containment used or intended to be used in transporting dangerous goods, including standards for the means of containment’s design, manufacture, repair, testing, equipping, functioning, use or performance; (“norme de sécurité”)

   (10)  The definitions of “safety standards” and “Transportation of Dangerous Goods Act (Canada)” in section 1 of the Act are repealed.

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

Where Act does not apply

   (1)  This Act does not apply to dangerous goods transported in a means of transport,

  (a)  while under the sole direction or control of the Minister of National Defence for Canada; or

  (b)  while being operated by or on behalf of the province, a municipality or other authority having jurisdiction and control of a highway and while the means of transport is engaged in,

           (i)  collecting abandoned or spilled materials from the highway, or

          (ii)  transporting dangerous goods from a highway to a storage or disposal site after a release as defined in section 2 of the federal Act.

Permit

   (2)  The Minister or a person designated by the Minister may issue a permit exempting the transportation of dangerous goods in a means of transport from the application of this Act, and this Act does not apply to dangerous goods that are being transported in compliance with the permit.

   (12)  Section 3 of the Act is repealed and the following substituted:

Offences re compliance with federal Act

   3.  No person shall transport any dangerous goods in a means of transport on a highway unless,

  (a)  all applicable federally prescribed safety requirements are complied with;

  (b)  the means of transport and all means of containment in it comply with all applicable federally prescribed safety standards and display all applicable federally prescribed safety marks; and

   (c)  all applicable directions, orders or measures given or made under the federal Act are complied with. 

   (13)  The Act is amended by adding the following sections:

Offence re misleading safety mark

   3.1  No person shall operate on a highway a means of transport that displays a federally prescribed safety mark or that contains a means of containment that displays a federally prescribed safety mark if the safety mark is misleading as to the presence of danger, the nature of any danger or the compliance with any federally prescribed safety standard.

Insurance required

   3.2  (1)  Subject to subsection (2), every person who transports dangerous goods on a highway and who is required to have an approved emergency response assistance plan under Part 7 of the regulations made under the federal Act shall carry with an insurer licensed under the Insurance Act motor vehicle liability insurance in an amount of not less than $2,000,000 for each means of transport used to transport dangerous goods.

Same, non-resident of Ontario

   (2)  A person who transports dangerous goods on a highway and who is not a resident of Ontario may carry the insurance required by subsection (1) with an insurer who is authorized to transact the insurance in the state or province in which the owner or operator resides, if the insurer files with the Registrar of Motor Vehicles or with a person or entity designated by the Registrar for that purpose,

  (a)  a power of attorney authorizing the Registrar, or his or her designate, to accept service of notice or process for the insurer and the insured in any action or proceeding arising out of a motor vehicle accident in Ontario;

  (b)  an undertaking to appear in any action or proceeding arising out of a motor vehicle accident in Ontario of which it has knowledge;

   (c)  an undertaking not to set up as a defence to any claim, action or proceeding under a motor vehicle liability policy issued by it a defence that could not be set up if the policy had been issued in Ontario in accordance with the law of Ontario relating to motor vehicle liability policies; and

  (d)  an undertaking to satisfy up to $2,000,000 any judgment rendered and become final against the insurer or the insured by a court in Ontario in any such action or proceeding.

   (14)  Subsections 4 (1) and (2) of the Act are repealed and the following substituted:

Penalty

   (1)  Every person who contravenes any provision of this Act or the regulations is guilty of an offence and is liable,

  (a)  on the first conviction to a fine of not more than $50,000 or to imprisonment for a term of less than two years, or to both; and

  (b)  on each subsequent conviction to a fine of not more than $100,000 or to imprisonment for a term of less than two years, or to both.

Determining subsequent conviction

   (2)  For the purpose of subsection (1), a conviction under any provision of this Act or the regulations is considered a subsequent conviction if the person has a previous conviction under the same or any other provision of this Act or the regulations.

   (15)  Subsection 8 (1) of the Act is amended by striking out “a vehicle” and substituting “a means of transport”.

   (16)  Subsection 9 (2) of the Act is amended by striking out “any container, packaging or vehicle” and substituting “any means of containment or means of transport”.

   (17)  Subsection 9 (3) of the Act is amended by striking out “in prescribed form”.

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

Powers of inspectors

   (1)  For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any time, stop and inspect a means of transport and its load where he or she believes that dangerous goods are being transported, and request the opening and inspection of or open and inspect any means of containment or means of transport on a highway in which or by which he or she believes that the dangerous goods are being transported. 

   (19)  Subsection 10 (2) of the Act is amended by striking out “any container, packaging or vehicle” in the portion before clause (a) and substituting “any means of containment or means of transport”.

   (20)  Subsection 10 (3) of the Act is amended by striking out “any container, packaging or vehicle” and substituting “any means of containment or means of transport”.

   (21)  Section 11 of the Act is repealed and the following substituted:

Regulations

   11.  The Lieutenant Governor in Council may make regulations,

  (a)  specifying provisions of the federal Act and the regulations made under it that do not apply to the transportation of dangerous goods;

  (b)  prescribing different or additional provisions to apply to the transportation of dangerous goods in place of the provisions prescribed by clause (a);

   (c)  exempting the transportation of dangerous goods in specified quantities or concentrations, in specified circumstances, for specified purposes, by specified means of transport or in specified means of containment from the application of this Act or of any regulation or of any provision or requirement of this Act or of any regulation, and prescribing conditions and circumstances for any such exemption.

   (22)  Clauses 12 (1) (a) and (b) of the Act are repealed and the following substituted:

  (a)  this Act and the regulations, or any provision of them; and

  (b)  the federal Act and the regulations made under it, or any provision of them.

   (23)  Subsection 13 (1) of the Act is repealed and the following substituted:

Act has primacy over certain Acts

   (1)  Where a provision in the Technical Standards and Safety Act, 2000, the Highway Traffic Act or the Pesticides Act purports to require or authorize anything that is a contravention of this Act, this Act applies and prevails unless it is specifically provided that the provision is to apply despite this Act. 

   (24)  The Schedule to the Act is repealed.

Highway Traffic Act

   2.  (1)  Subsection 41.4 (1) of the Highway Traffic Act is amended by striking out “under subsection 41.2 (1)” in the portion before clause (a) and substituting “under section 41.2”.

   (2)  Section 108 of the Act is amended by adding the following definition:

“full trailer” means a trailer designed so that its own weight and any load are carried on its own axles and includes a vehicle combination consisting of a semi-trailer and a trailer converter dolly; (“remorque autoporteuse”)

   (3)  Subsections 109 (3), (4) and (5) of the Act are repealed and the following substituted:

Mirrors not included in width

   (3)  Where a motor vehicle is equipped with one or more mirrors that extend not more than 30 centimetres beyond either side of the vehicle, the amount of the extension shall not be included in determining the width of the vehicle under subsection (1).

Auxiliary equipment, devices not included in width

   (4)  Where a motor vehicle or trailer is equipped with auxiliary equipment or an auxiliary device that is mounted to the vehicle and that extends beyond either side of the vehicle, the amount of the extension shall not be included in determining the width of the vehicle under subsection (1) if,

  (a)  the equipment or device is not designed or used to carry a load; and

  (b)  the equipment or device does not extend more than 10 centimetres from the side of the vehicle.

   (4)  Subsection 109 (6) of the Act is amended by striking out “other than a fire apparatus, a semi-trailer or a bus”.

   (5)  Section 109 of the Act is amended by adding the following subsection:

Exception

   (6.1)  Subsection (6) does not apply to a fire apparatus, a semi-trailer, a bus or a road service vehicle as described in clause (1) (b).

   (6)  Subsection 109 (6.1) of the Act is amended by striking out “a semi-trailer” and substituting “a trailer”.

   (7)  Subsection 109 (6.1) of the Act is amended by adding “a recreational vehicle” after “a bus”.

   (8)  Section 109 of the Act is amended by adding the following subsection:

Same

   (6.2)  Subject to section 110 and despite subsection (6.1), no full trailer, including load, shall exceed the length of 12.5 metres while on a highway unless it is in a combination of vehicles whose configuration, weight and dimensions are as prescribed by regulation.

   (9)  Subsection 109 (6.2) of the Act is amended by striking out “Subject to section 110” at the beginning and substituting “Subject to sections 110 and 110.1”.

   (10)  Subsection 109 (10) of the Act is amended by striking out “that is not designed or used for the transportation of goods” and substituting “that is not designed or used to carry a load”.

   (11)  Subsection 109 (10.2) of the Act is amended by striking out “that is not designed or used for the transportation of goods” and substituting “that is not designed or used to carry a load”.

   (12)  Subsections 109 (11) and (11.1) of the Act are repealed and the following substituted:

Length of bus, recreational vehicle

   (11)  No bus or recreational vehicle shall exceed the length of 12.5 metres while on a highway, but an increase in the length of a bus or recreational vehicle caused by the addition of a liquid-filled or other energy-absorbing bumper shall not be included in determining the length of the bus or recreational vehicle. 

Same

   (11.1)  Despite subsection (11),

  (a)  a recreational vehicle or a bus, other than an articulated bus, that meets the requirements prescribed by regulation may have a length that exceeds 12.5 metres but does not exceed 14 metres; and

  (b)  an articulated bus that meets the requirements prescribed by regulation may have a length that exceeds 12.5 metres but does not exceed 25 metres.

   (13)  Subsection 109 (13) of the Act is repealed and the following substituted:

Mirror not included in length

   (13)  Where a vehicle is equipped with one or more mirrors that extend beyond the front of the vehicle, the amount of the extension shall not be included in determining the length of the vehicle under subsection (6), (11), (11.1) or (12). 

Aerodynamic device not included in length

   (13.1)  Where a commercial motor vehicle, other than a bus or recreational vehicle, or trailer is equipped with an aerodynamic device that extends beyond the rear of the vehicle, the amount of the extension shall not be included in determining the length under subsection (6), (6.2), (7), (7.1), (8), (8.1), (10), (10.2) or (12) if,

  (a)  any portion of the device that is 1.9 metres or less above the ground does not extend more than 0.305 metres beyond the rear of the vehicle or trailer;

  (b)  any portion of the device that is more than 1.9 metres above the ground does not extend more than 0.61 metres beyond the rear of the vehicle or trailer;

   (c)  the device is not designed or used to carry a load; and

  (d)  the device does not cause the vehicle or trailer to cease to meet any standard under the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada).

   (14)  Section 109 of the Act is amended by adding the following subsection:

Exception

   (14.1)  Despite subsection (14), a vehicle used in a combination of vehicles whose configuration, weight and dimensions are as prescribed by regulation may have a height greater than 4.15 metres but not greater than 4.3 metres while on a highway.

   (15)  Subsections 109 (16) and (17) of the Act are repealed and the following substituted:

Regulations

   (16)  The Lieutenant Governor in Council may make regulations,

  (a)  defining “recreational vehicle” for the purposes of this section;

  (b)  prescribing equipment and devices that are or are not auxiliary for the purposes of subsection (4);

   (c)  prescribing configurations, weight and dimensions of vehicles and combinations of vehicles;

  (d)  setting limits on dimensions of vehicles and combinations of vehicles, except those dimensions already set out in this Act;

  (e)  prescribing requirements for components and equipment for vehicles and combinations of vehicles; 

    (f)  prescribing requirements for the purpose of subsection (11.1), including prescribing,

           (i)  maximum length,

          (ii)  bus and recreational vehicle type and use,

         (iii)  load distribution,

         (iv)  configurations, and

          (v)  requirements for components, equipment and safety features; 

  (g)  exempting an aerodynamic device from clause (13.1) (a) or (b) and prescribing conditions and circumstances for any such exemption.

Municipal Act, 2001

   3.  Subsection 120 (2) of the Municipal Act, 2001 is amended by striking out “the Schedule to the Dangerous Goods Transportation Act” at the end and substituting “the schedule to the Transportation of Dangerous Goods Act, 1992 (Canada)”.

Commencement

Commencement

   4.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Open for Business Act, 2010 receives Royal Assent.

Same

   (2)  Section 1 and subsections 2 (2), (6), (7), (8) and (12) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (3)  Subsection 2 (9) comes into force on the later of the day the Open for Business Act, 2010 receives Royal Assent and the day subsection 25 (3) of Schedule P to the Government Efficiency Act, 2002 comes into force.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 68 and does not form part of the law.  Bill 68 has been enacted as Chapter 16 of the Statutes of Ontario, 2010.

 

The Bill is part of the government initiative called “Open for Business”.

The Bill amends or repeals a number of Acts. For convenience, the amendments and repeals are set out in separate Schedules. Schedules with the name of Ministries include amendments to and repeals of Acts that are administered by the Ministry involved or that affect that Ministry. The commencement provisions for each of the Schedules are set out in the Schedules.

SCHEDULE 1
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

Crop Insurance Act (Ontario), 1996

The Crop Insurance Act (Ontario), 1996 is amended to require AgriCorp to begin offering insurance programs in respect of new agricultural crops and perennial plants at the request of the Minister and to allow the Minister to make such requests whenever he or she considers it appropriate to do so.  Currently, the Minister may only request that a new crop or plant be insured by AgriCorp if the Minister has entered into an agreement with the Government of Canada in respect of that crop or plant.  Furthermore, the Act is amended to allow AgriCorp to enter into contracts of insurance with more than one person with respect to a particular crop or plant.  If more than one person has an insurable interest in the particular crop or plant, all such interests may be insured.  The Act sets out rules governing the insurance contracts that may be offered more than one person wishes to enter into an insurance contract with respect to a particular crop or plant.  Other minor amendments are made to the Act.

Drainage Act

Subsections 3 (1) to (17) of the Drainage Act, dealing with requisitions for the construction of drainage works, are repealed.

Section 39 of the Act is amended to change the time for filing the engineer’s report from six months to one year following the appointment of the engineer.

Section 65 of the Act is amended to provide for a reduced assessment when an owner of land disconnects the land from a drainage works.

Section 125 of the Act is amended so that regulations respecting forms may be made by the Minister instead of the Lieutenant Governor in Council.

Various provisions of the Act are amended to permit notices and other documents to be sent by any method that the Minister may prescribe by regulation.

Various provisions of the Act are amended to simplify their wording or are repealed to eliminate redundancy.

Farm Products Payments Act

The Farm Products Payments Act is amended so that regulations respecting fees which dealers and producers must pay to a board may be made by the Minister instead of the Lieutenant Governor in Council.

Livestock, Poultry and Honey Bee Protection Act

The amendments to the Livestock, Poultry and Honey Bee Protection Act would narrow the scope of the Act so that it will only deal with damage to livestock and poultry that is caused by dogs.  Currently the Act also provides protection from damage to honey bees and includes damage that is caused by wolves and other wild animals.  As a result of these changes, the short title of the Act is being amended to the Protection of Livestock and Poultry from Dogs Act.  Furthermore, the Schedule repeals provisions of the Act that allow municipalities seek compensation from the Province in respect of damages paid to owners of poultry or livestock that were harmed by dogs, wolves or wild animals.  The compensation plan will be provided as a separate program under section 7 of the Ministry of Agriculture, Food and Rural Affairs Act.

Ministry of Agriculture, Food and Rural Affairs Act

The amendments to the Ministry of Agriculture, Food and Rural Affairs Act have two main purposes.  First, section 13 of the Act is re-enacted to give the Minister the power to issue directives to the Ontario Farm Products Marketing Commission.  The directives would establish objectives for the Commission in relation to administrative and policy matters under the Milk Act and the Farm Products Marketing Act.  Furthermore, section 16 of the Act is amended so that policy decisions, regulations or orders, directions or decisions of the Commission that are of general application may no longer be the subject of an appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal.  The Tribunal shall only deal with appeals relating to orders, directions or decisions of the Commission that are specific to a person or group of persons or that relate to a particular dispute or incident.  Policy decisions, regulations or orders, directions or decisions of the Commission that are of general application may, at the request of an affected person, be subject to reconsideration by the Commission under section 17 of the Act and then to further review by the Minister under section 18 of the Act.

Ontario Agricultural Museum Act

The Ontario Agricultural Museum Act is repealed.

Other Acts

Minor amendments are made to the Milk Act, the Ontario Food Terminal Act and the Tile Drainage Act.

SCHEDULE 2
MINISTRY OF THE ATTORNEY GENERAL

Architects Act

Various amendments are made to the Architects Act. Most significantly, sections 14 and 15 of the Act are amended, and section 21 of the Act repealed, to change the requirements for corporations and partnerships wishing to obtain a certificate of practice to engage in the practice of architecture. In addition, section 16 of the Act is repealed, and various provisions amended, in order to remove express reference in the Act to partnerships of corporations. Various provisions that currently refer only to corporations are amended to include reference to partnerships.

A number of other amendments are made. Section 3 of the Act is amended to add a new subsection (11.1) to address the procedure that applies if a vacancy on the Council of the Ontario Association of Architects (“the Association”) is caused by the failure to elect a person to fill a Council seat. Subsection 32 (2) of the Act is amended to extend the period of time a complainant must wait before requesting a review of the treatment by the Complaints Committee of a complaint made respecting a member of the Association or a holder of a certificate of practice or a temporary licence, from 90 to 150 days. Various provisions of the Act are amended to specify that a person who supervises and directs the practice of architecture by a holder of a certificate of practice must do so on a full-time basis.

Finally, various technical and consequential amendments are made to the Act.

Construction Lien Act

Various amendments are made to the Construction Lien Act. Subsection 1 (1) of the Act is amended by updating the definition of “home buyer” and by re-enacting the definition of “improvement”. A new section 33.1 is added to the Act, providing for owners of land intended to be registered in accordance with the Condominium Act, 1998 to publish notice of the intention to register in a construction trade newspaper. An owner who fails to do so in accordance with the section is liable to any person entitled to a lien who suffers damages as a result. The Act is amended to remove the requirement to verify a claim for lien by affidavit. As a result, subsection 40 (1) of the Act is amended to add to the list of persons who may be cross-examined with respect to a claim for lien. Finally, subsection 44 (9) of the Act is amended to provide that a lien claimant whose lien is sheltered under a lien that is vacated by order under the section may proceed with an action to enforce the sheltered lien as if the order to vacate had not been made.

Execution Act

The Execution Act is amended to bring it into line with current court rules and practices.

Law Society Act

Section 51 of the Law Society Act (Compensation Fund) is amended to permit Convocation to appoint to a committee established for the purposes of that section one or more members of the Paralegal Standing Committee who are licensed to provide legal services in Ontario. In addition, the Act is amended to change references to “continuing legal education” to “continuing professional development”.

Professional Engineers Act

Various amendments are made to the Professional Engineers Act. The definition of “practice of professional engineering” in section 1 of the Act is replaced by a new definition. Subsection 2 (2) of the Act, requiring the head office of the Association of Professional Engineers of Ontario (“the Association”) to be in Toronto, is repealed. Subsection 3 (3) of the Act is amended to permit permanent residents of Canada who are resident in Ontario to be elected or appointed to the Council of the Association.

Most of the fees payable in relation to licensing under the Act are set by the Council, with the approval of the Lieutenant Governor in Council, in regulations. Sections 7 and 8 of the Act are amended to give the Council the authority to set all fees on its own by by-law instead. Subsections 8 (2) and (3) of the Act are re-enacted to provide that, unless they specify otherwise, by-laws made by the Council are effective when they are passed. A by-law may specify that it is not effective until it is confirmed by a majority of the members of the Association.

Subsection 12 (3) of the Act is amended to remove the ability of a person to do an act that is within the practice of professional engineering in relation to machinery or equipment, other than equipment of a structural nature, for use in the facilities of the person’s employer in the production of products by the person’s employer, without being authorized to do so under the Act.

Various amendments are made to subsection 14 (1) of the Act, which sets out the requirements for the issuance of a licence. The most significant of these is the removal of the requirement that applicants for a licence be citizens or permanent residents of Canada. Similarly, subsection 18 (1) of the Act is amended to remove the requirement that applicants for limited licences and provisional licences be citizens or permanent residents of Canada. Sections 15 and 17 of the Act are amended to provide for limited licence holders to supervise and direct the practice of professional engineering under a certificate of authorization. Currently, only holders of a licence or a temporary licence may do so.

Section 19 of the Act is amended to make certain changes to proceedings before the Registration Committee. Subsection 19 (5) of the Act is amended to add a 30-day deadline to the scheduling of a hearing before the Registration Committee. Subsection 19 (7) of the Act, which sets out the powers of the Registration Committee following a hearing, is re-enacted to set out which orders can be made. And, subsection 19 (10) of the Act is re-enacted to provide that an applicant may show compliance with the requirements of a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, at any time before the hearing date. A new section 19.1 is enacted, which sets out the composition of the Registration Committee. The Committee’s composition is currently dealt with by regulations under the Act.

A new section 20.1 is enacted, which addresses the acceptance by the Association of persons as engineering interns. Subsection 21 (1) of the Act is amended to provide that engineering interns must be included in the registers that the Registrar maintains, which are available to the public. In a related amendment, section 40 of the Act is amended to add a new offence (in subsection (3.2)) relating to the unauthorized use of terminology suggesting that a person is an engineering intern.

Section 23 is amended to make changes to the composition of the Complaints Committee and to its quorum. Section 25 of the Act is amended to change who may appoint a Complaints Review Councillor and who may be appointed as a Complaints Review Councillor. Section 27 of the Act, which establishes the Discipline Committee, is re-enacted in order to, among other things, provide for changes in its composition and quorum, and in the composition of a panel of the Committee that is formed in order to hear and determine a matter.

In addition to the amendment to section 40 adding a new offence relating to engineering interns, referred to above, section 40 is amended to add another new offence (in subsection (3.1)), prohibiting persons who are not holders of the engineering technologist class of limited licence, as prescribed by the regulations, from using terminology suggesting that they are.

Finally, various technical and consequential amendments are made to the Act.

SCHEDULE 3
COMMERCIAL MEDIATION ACT, 2010

The Commercial Mediation Act, 2010 is enacted.  The new Act is based on a Uniform Act to implement the UNCITRAL Model Law on International Commercial Conciliation.  However, the new Act will apply only to international and domestic mediations of commercial disputes in situations in which Ontario law applies.

SCHEDULE 4
CREDITORS’ RELIEF ACT, 2010

The Creditors’ Relief Act sets out rules for determining the priority of judgment creditors and the amounts to be distributed to them when money or property is seized from a judgment debtor through proceedings to enforce the payment of amounts owing under court orders and judgments.  The Creditors’ Relief Act, 2010 repeals and replaces the current Act to modernize the provisions and bring them into line with current court rules and practices.  Consequential amendments are made to various other Acts due to the repeal of the current Act.

SCHEDULE 5
MINISTRY OF CONSUMER SERVICES

Business Corporations Act

Section 99 of the Act is amended to allow a corporation to require proof that a person is a beneficial owner of shares of the corporation before permitting the person to make a proposal at a shareholders’ meeting.

Subsection 159 (1) of the Act is amended to permit the approval of the corporation’s financial statements by the board of directors to be evidenced by the signature of only one director, rather than two directors as is currently required.

Subsection 169 (1) of the Act is amended to prevent directors from making a shareholder proposal in accordance with section 99 to amend the corporation’s articles, but to permit both registered and beneficial shareholders to do so.

Business Names Act

The Schedule amends the Act to provide a right to compensation to a person who suffers damages because of the registration of a name that is the same as or deceptively similar to the person’s name, even though the person’s name is not required to be registered under the Act.

Liquor Licence Act

A person can apply to the Registrar of Alcohol and Gaming for the transfer of a licence to represent a manufacturer.

The Board of the Alcohol and Gaming Commission of Ontario can establish criteria based on risk for holders of special occasion permits and the premises for which a permit is issued and can specify conditions that the Registrar can impose on a special occasion permit based on those criteria.

Personal Property Security Act

The definition of “purchase-money security interest” in the Personal Property Security Act is amended to exclude a transaction of sale by and lease back to the seller.

The time period within which secured creditors with a purchase-money security interest in certain types of collateral (goods, other than inventory, and intangibles) must register under the Act to obtain priority over other creditors is extended from 10 to 15 days.  In the case of goods, the time period begins after the debtor obtains possession of the goods.  In the case of intangibles such as accounts receivable, the time period begins after the security interest is created.

Section 46 of the Act is amended by providing that where a registration provides both a general and specific description of collateral, a secured creditor’s registration is limited to the more specific description of the collateral.

Section 56 of the Act is amended by providing that a debtor can require a secured creditor to amend a registration by providing a more specific description of the collateral or removing a class of collateral when a security interest has not been taken in that class.

Travel Industry Act, 2002

The Schedule removes the restriction against registering non-share capital corporations.

Vintners Quality Alliance Act, 1999

The Schedule amends the powers of inspectors to be consistent with other consumer legislation and adds provisions allowing for the appointment of investigators, the issuance of search warrants and allowing for search and seizure of items.

SCHEDULE 6
MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE

Development Corporations Act

Subsection 7 (1) of the Act (requiring the development corporations to have seals) is repealed, and subsections 7 (2) and (3) of the Act are re-enacted as sections 7 and 7.1.  Subsection 9 (2) of the Act (remuneration of the development corporations’ chief executive officers) is repealed.  The matters addressed in the repealed provisions are dealt with in other statutes.  Obsolete references throughout the Act to the Treasurer of Ontario are updated to refer to the Minister of Finance. 

Regulation 269 of the Revised Regulations of Ontario, 1990 (Innovation Ontario Corporation) made under the Act is revoked.

Dissolution of Inactive Corporations Act, 2006

The Act is repealed.  It dissolved a number of corporations and no longer has any legal effect.

Research Foundation Act

Section 21 of the Act (requiring an annual report) is repealed.

SCHEDULE 7
MINISTRY OF THE ENVIRONMENT

Environmental Protection Act

Sections 9 and 27 of the Act are amended to eliminate the requirement to obtain a certificate of approval or provisional certificate of approval and to instead require persons engaging in activities mentioned in those provisions to obtain an environmental compliance approval.  Subject to specified exceptions, this requirement to obtain an environmental compliance approval does not apply if the activity has been prescribed by the regulations as an activity in respect of which a registration under Part II.2 of the Act is required.

Part II.1 of the Act deals with environmental compliance approvals.  Sections 20.2 and 20.3 set out rules with respect to applications for approval to engage in the activities mentioned in sections 9 and 27 of the Act and section 53 of the Ontario Water Resources Act.  Sections 20.4 and 20.5 establish the process by which environmental compliance approvals are required to be reviewed.  The Part also establishes the powers and duties of the Director and other rules relating to the issue, amendment, suspension and revocation of environmental compliance approvals and hearings respecting decisions made by the Director on applications under the Part (see sections 20.6 to 20.18).

Part II.2 of the Act establishes the Environmental Activity and Sector Registry.  Subject to specified exceptions, if an activity has been prescribed for the purposes of subsection 20.21 (1), persons are prohibited from engaging in the activity at a site unless the activity has been registered in the Registry in accordance with the regulations, the Director has provided a confirmation of registration, the registration is in effect and the activity is engaged in according to rules prescribed by the regulations.  The Part sets out requirements relating to registrations, including how a registration is required to be maintained and updated and how a registration may be suspended or removed from the Registry (see sections 20.22 to 20.24).

The Act is amended by adding section 157.4, which provides that a provincial officer may give a notice to a person who is engaging in an activity prescribed by the regulations for the purposes of subsection 20.21 (1), stating that the provincial officer reasonably believes that the person is contravening or has contravened the regulations made for the purposes of Part II.2.  The provincial officer may require the person to carry out specified measures within a specified time period.

The Act is amended by adding section 182.3, which allows for a provincial officer or the Director to issue an order requiring a person to pay an administrative penalty for failure to comply with specified requirements under Parts II.1 and II.2 or a notice under section 157.4.

Various consequential amendments are made to the Act to reflect the addition of Parts II.1 and II.2.  Various regulation making powers relating to Parts II.1 and II.2 are also added.

Ontario Water Resources Act

Section 53 of the Act is amended to eliminate the requirement to obtain an approval under that section and to instead require a person engaging in an activity mentioned in that section to obtain an environmental compliance approval under the Environmental Protection Act.  Subject to specified exceptions, this requirement to obtain an environmental compliance approval does not apply if the activity has been prescribed by the regulations as an activity in respect of which a registration under Part II.2 of the Environmental Protection Act is required.  Various consequential amendments are also made to the Act.

Waste Management Act, 1992

The Act is repealed.

Waterfront Regeneration Trust Agency Act, 1992

The Act is repealed.  Any property held by the Agency that has not been disposed of on the day the provision repealing the Act comes into force vests in the Crown.

Other Amendments

Consequential amendments are made to various Acts to reflect the addition of Parts II.1 and II.2 to the Environmental Protection Act.

The Environmental Assessment Act, the Environmental Protection Act and the Ontario Water Resources Act are amended to provide that any document may be incorporated by reference in regulations made under those Acts.

New provisions are added to the Environmental Protection Act (see section 157.0.1) and the Ontario Water Resources Act (see section 15.0.1) to provide that a provincial officer may, for the purposes of determining compliance of a person with the Act or the regulations, require the person to respond to reasonable inquiries.

Schedule 8
Ministry of Government Services

Business Corporations Act

Subsection 10 (2) of the Act is remade to clarify that a corporation may have only one of the listed forms of name.  Subsection 10 (2.1) is amended to clarify that when a corporation has a name in English and a name in French, it may be designated by its English name or its French name.

Business Names Act

The Act is amended to clarify that, despite any Act, the word “limited” or any abbreviation of that word may be used in the registered company name of an extra-provincial limited liability company.  The Act is also amended to permit an extra-provincial limited liability company to carry on business or identify itself to the public under a name other than its company name, if the name is set out in a partnership registration under the Act or a declaration under the Limited Partnerships Act

Change of Name Act

The Schedule makes a technical amendment to the Act.

Vital Statistics Act

The Schedule amends the Act to reflect the fact that the Chief Coroner can appoint persons under the Coroners Act to exercise the investigative powers and duties of a coroner under that Act.

Schedule 9
Ministry of LABOUR

Employment Standards Act, 2000

Currently, sections 17.1 and 22.1 of the Employment Standards Act, 2000 give the Director powers and duties relating to certain requests that employers may make concerning their employees’ hours of work.  New subsections 17.3 (3) and 22.2 (3) provide that if the Director has delegated any of those powers or duties to Ministry employees, they must follow any policies established by the Director under subsection 88 (2).

Section 74.13 of the Act, which provides rules concerning the application of section 102 to Part XVIII.1 (Temporary Help Agencies), is amended to set out additional circumstances in which employment standards officers are permitted to convene decision-making meetings.

New section 96.1 of the Act provides that a complaint will not be assigned to an employment standards officer unless the complainant has taken steps specified by the Director.  If the complainant has not taken the steps within six months of filing the complaint, an officer is deemed to have refused to issue an order.

New section 101.1 of the Act permits employment standards officers to attempt to settle complaints that they have been assigned to investigate.

New section 101.2 of the Act permits labour relations officers and individuals who are employed in the Ministry and report to the Director of Dispute Resolution Services to attempt to settle complaints that have been assigned for investigation.  This section applies for a two-year period commencing on the day the section comes into force.

Currently, section 102 of the Act provides rules concerning decision-making meetings that may be held at an employment standards officer’s request.  New section 102.1 of the Act permits an employment standards officer to require an employee or employer to provide evidence or submissions in specified circumstances.  If a person fails to comply with a notice under either of those sections, new subsections 102 (10) and 102.1 (3) set out factors that an officer may consider in determining whether an employer has contravened or is contravening the Act.

Application provisions in Part XVIII.1 (Temporary Help Agencies) of the Act are amended to provide rules concerning new sections 96.1 and 102.1 and subsection 102 (10). 

Workplace Safety and Insurance Act, 1997

Section 4 of the Workplace Safety and Insurance Act, 1997, which lists functions of the Workplace Safety and Insurance Board, is amended to remove a reference to funding for first aid training.

Schedule 10
Ministry of Natural Resources

Conservation Authorities Act

The Schedule amends the Act to allow a conservation authority that receives a grant from the Minister in respect of land to sell, lease or dispose of the land without the approval of the Minister for provincial or municipal infrastructure and utility purposes if it meets certain requirements.

The Schedule broadens the offence for contravening a regulation made by a conservation authority under the Act to include contravening a permission granted by a conservation authority and establishes a two-year limitation period for the offence.

Crown Forest Sustainability Act, 1994

A forest management plan that the Minister has previously approved under the Act is deemed to include the parts of an agreement, permit or instrument described in the Endangered Species Act, 2007 if the Minister is of the opinion that the planning requirements and consultation associated with the agreement, permit or instrument are comparable to the requirements of the Forest Management Planning Manual and the Minister gives notice to the public of those parts that are deemed to be included.

If the circumstances prescribed by the regulations made under the Act apply to a licence to harvest forest resources in a management unit, the Minister is required at least every seven years, instead of every five years as at present, to conduct a review to ensure that the licensee has complied with the licence. The Minister is allowed to extend the term of the licence for up to 20 years if a review satisfies the Minister that the licensee has complied with the licence.

Oil, Gas and Salt Resources Act

The Schedule amends the Act to allow an inspector to obtain a search warrant under Part VIII of the Provincial Offences Act in respect of an offence under the Oil, Gas and Salt Resources Act. It also allows an inspector under the Act to conduct an inspection without a warrant in exigent circumstances where the inspector believes on reasonable grounds that there is evidence of an offence that could be lost, removed or destroyed in the time required to obtain a search warrant. In addition, the powers of an inspector conducting an inspection without a warrant are expanded to make them consistent with the inspection powers of a conservation officer under the Fish and Wildlife Conservation Act, 1997, for example in stopping a vehicle, boat or aircraft, seizing things related to the commission of an offence and arresting a person who the inspector believes on reasonable grounds is committing, has committed or is preparing to commit an offence.

Section 11 of the Act requires a person to obtain a permit when injecting oil, gas, water or another substance into any area, not just a geological formation as at present, and in connection with more than just a project for enhancing oil or gas recovery, as at present. There is a prohibition against injecting carbon dioxide into an area for the purposes of carbon sequestration; no permit can be issued to allow that.

The Lieutenant Governor in Council is allowed to make regulations governing activities for the production or storage of fluids, the injection of fluids into underground geological formations or the withdrawal of fluids from those formations.

Public Lands Act

The Schedule repeals subsection 11 (2) of the Act that requires public lands that are set apart for the purposes of a harbour to border on public lands not covered with water.

The restriction in section 27 of the Act against depositing or causing to deposit any material or thing on public lands is expanded to cover such depositing on water or ice covering public lands.

The means by which the Ministry can give notice of prohibited occupation or use of public lands are expanded to include signs or a marking as described in the Trespass to Property Act.

The Schedule repeals section 30 of the Act which provides for the issuance of a distress warrant for arrears of rent payable to the Crown on a lease of public lands.

The Schedule repeals section 45 of the Act which allows the Minister to enter into an agreement for the sale or other disposition of agricultural land.

The power of the Ministry to close a road under section 52 of the Act is expanded to cover all roads on public lands, not just public forest roads, as at present.

The Schedule repeals section 57 of the Act which grants certain rights to cut and use trees to the purchasers of agricultural land before the land is patented to them.

Schedule 11
Ministry of NORTHERN DEVELOPMENT, MINES aND FORESTRY

Northern Services Boards Act

The Schedule amends the Northern Services Boards Act to remove a reference to subsection 34 (2) of the Public Libraries Act which has been repealed.

Ontario Mineral Exploration Program Act

The Schedule repeals the Ontario Mineral Exploration Program Act and revokes the regulations made under that Act.

Schedule 12
Ministry of TRANSPORTATION

Dangerous Goods Transportation Act

Under the current Act, there is extensive regulation-making power under which the requirements of the related federal Act, the Transportation of Dangerous Goods Act, 1992 (Canada), are prescribed as applying under the Ontario Act.  The Act is amended so that it incorporates the requirements of the federal Act directly into the statute, as well as other requirements (for example, with respect to insurance) that are currently in the regulation made under the Act.  Terminology in the Act is changed for consistency with the federal Act as part of this harmonization process; for example, the terms “means of containment”, “means of transport” and “safety standard” are imported from the federal Act and other terms (“dangerous goods” and “safety mark”) are defined as in the federal Act. 

Under re-enacted section 11 of the Act, the Lieutenant Governor in Council retains the power to make regulations specifying provisions of the federal Act and its regulations that do not apply to the transportation of dangerous goods and prescribing different or additional provisions to apply in their place.  The Lieutenant Governor in Council also has the power to prescribe exemptions from the Act.

Under current section 4 of the Act, there is one penalty for contravention of section 3 of the Act and a lesser penalty for other contraventions of the Act and the regulations.  Section 4 is amended to provide that any contravention of the Act or the regulations is an offence punishable by the higher penalty, which is a maximum fine of $50,000, imprisonment for less than two years, or both.

Highway Traffic Act

Current subsection 41.4 (1) of the Act provides that a person’s vehicle is subject to impoundment for seven days if the person contravenes an ignition interlock condition that was imposed on a first impaired driving-related conviction under the Criminal Code (Canada).  This subsection is amended so that the vehicle impoundment applies to a contravention of an ignition interlock condition imposed on subsequent impaired driving-related convictions as well.

Section 108 of the Act is amended to add a definition of “full trailer” to Part VII.  Section 109 of the Act governs vehicle dimensions.  It is amended as follows:  to standardize width allowances for mirrors and for non-load carrying auxiliary equipment and devices that extend beyond the side of a vehicle (including load-covering mechanisms that are currently addressed separately in subsection 109 (5), which the Bill repeals); to exclude aerodynamic devices that extend beyond the rear of a commercial motor vehicle or trailer from the determination of the vehicle’s length; to allow full trailers with configuration, weight and dimensions as set out in the regulations and road service vehicles to exceed the vehicle length limit in the Act; to set a length limit for recreational vehicles and buses that meet the standards set out in the regulations that is longer than that for other vehicles in the Act; to allow vehicles with configuration, weight and dimensions as set out in the regulations to exceed the vehicle height limit in the Act; and to amend terminology so that references to the transportation of goods are changed to refer to carrying a load.

Municipal Act, 2001

Subsection 120 (2) of the Act is amended in consequence of the amendment to the definition of “dangerous goods” in the Dangerous Goods Transportation Act.

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