Bill 55, Strong Action for Ontario Act (Budget Measures), 2012

Duncan, Hon Dwight Minister of Finance

Current Status: Royal Assent received Chapter Number: S.O. 2012 C.8

Viewing: Royal Assent (current version) pdf

Bill 55                                                          2012

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

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, 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.

CONTENTS

1.

2.

3.

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

Schedule 10

Schedule 11

Schedule 12

Schedule 13

Schedule 14

Schedule 15

Schedule 16

Schedule 17

Schedule 18

Schedule 19

Schedule 20

Schedule 21

Schedule 22

Schedule 23

Schedule 24

Schedule 25

Schedule 26

Schedule 27

Schedule 28

Schedule 29

Schedule 30

Schedule 31

Schedule 32

Schedule 33

Schedule 34

Schedule 35

Schedule 36

Schedule 37

Schedule 38

Schedule 39

Schedule 40

Schedule 41

Schedule 42

Schedule 43

Schedule 44

Schedule 45

Schedule 46

Schedule 47

Schedule 48

Schedule 49

Schedule 50

Schedule 51

Schedule 52

Schedule 53

Schedule 54

Schedule 55

Schedule 56

Schedule 57

Schedule 58

Contents of this Act

Commencement

Short title

Assessment Act

Automobile Insurance Rate Stabilization Act, 2003

Boundaries Act

Broader Public Sector Accountability Act, 2010

Business Regulation Reform Act, 1994

Change of Name Act

Children’s Law Reform Act

Compulsory Automobile Insurance Act

Condominium Act, 1998

Corporations Tax Act

Delegated Administrative Authorities Act, 2012

Development Corporations Act

Employer Health Tax Act

Financial Administration Act

Financial Services Commission of Ontario Act, 1997

Fish and Wildlife Conservation Act, 1997

Fuel Tax Act

Funeral, Burial and Cremation Services Act, 2002

Funeral Directors and Establishments Act

Gasoline Tax Act

Government Services and Service Providers Act (ServiceOntario), 2012

Highway 407 East Act, 2012

Insurance Act

Interim Appropriation for 2012-2013 Act, 2012

Kawartha Highlands Signature Site Park Act, 2003

Lakes and Rivers Improvement Act

Land Registration Reform Act

Land Titles Act

Land Transfer Tax Act

Legislative Assembly Act

Liquor Control Act

Marriage Act

Ministry of Infrastructure Act, 2011

Ministry of Revenue Act

Municipal Elections Act, 1996

Niagara Escarpment Planning and Development Act

Nipissing First Nation Agreement Act (Tax Matters), 2012

Ontario Clean Energy Benefit Act, 2010

Ontario Forest Tenure Modernization Act, 2011

Ontario Infrastructure and Lands Corporation Act, 2011

Ontario Loan Act, 2012

Ontario Municipal Employees Retirement System Act, 2006

Ontario Municipal Employees Retirement System Review Act, 2006

Pension Benefits Act

Personal Property Security Act

Places to Grow Act, 2005

Provincial Land Tax Act, 2006

Provincial Parks and Conservation Reserves Act, 2006

Public Lands Act

Public Sector Salary Disclosure Act, 1996

Registry Act

Repair and Storage Liens Act

Research Foundation Repeal Act, 2012

Retail Sales Tax Act

Securities Act

Taxation Act, 2007

Taxpayer Protection Act, 1999

Vital Statistics Act

______________

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

Contents of this Act

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

Commencement

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

Same

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

Same

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

Short title

   3.  The short title of this Act is the Strong Action for Ontario Act (Budget Measures), 2012.

 

SCHEDULE 1
Assessment Act

   1.  Subsection 3 (1) of the Assessment Act is amended by adding the following paragraph:

Land ancillary to operation of a cemetery

  3.1  Land, including land on which is located a crematorium, that is ancillary to the operation of a cemetery that is exempt under this section.

This paragraph applies for the 2010-2012 taxation years.

   2.  Section 31 of the Act is amended by adding the following subsection:

Regulations, notices

   (8)  The Minister may make regulations that apply if a parcel of land is assessed against more than one person,

  (a)  providing that in specified circumstances notice under subsection (1) need not be given to any persons to whom notice is required under that subsection;

  (b)  providing that in specified circumstances notice under subsection (1) may be given to the persons specified in the regulation instead of to all or to any of the persons to whom notice is required under that subsection.

   3.  Section 35 of the Act is amended by adding the following subsection:

Regulations, notices

   (5)  The Minister may make regulations that apply if land is assessed against more than one person,

  (a)  providing that in specified circumstances notice under subsection (1) need not be given to any persons to whom notice is required under that subsection;

  (b)  providing that in specified circumstances notice under subsection (1) may be given to the persons specified in the regulation instead of to all or to any of the persons to whom notice is required under that subsection.

Commencement

   4.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

Same

   (2)  Section 1 is deemed to have come into force on January 1, 2010.

 

schedule 2
automobile insurance rate stabilization act, 2003

   1.  The Automobile Insurance Rate Stabilization Act, 2003 is amended by adding the following sections:

Definition

   11.1  In sections 11.2 to 11.7,

“requirement established under this Act” means,

  (a)  a requirement imposed by a provision of this Act that is prescribed for the purpose of section 11.3 or 11.4,

  (b)  a requirement imposed by order, or

   (c)  an obligation assumed by way of undertaking.

Administrative penalties

   11.2  (1)  An administrative penalty may be imposed under section 11.3 or 11.4 for either of the following purposes:

    1.  To promote compliance with the requirements established under this Act.

    2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening or failing to comply with a requirement established under this Act.

Same

   (2)  An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this Act, including an order under section 11.

General administrative penalties

   11.3  (1)  If the Superintendent is satisfied that an insurer is contravening or not complying with or has contravened or failed to comply with any of the following, the Superintendent may, by order, impose an administrative penalty on the insurer in accordance with this section and the regulations:

    1.  A provision of this Act as may be prescribed.

    2.  A requirement or obligation described in clause (b) or (c) of the definition of “requirement established under this Act” in section 11.1.

Procedure

   (2)  If the Superintendent proposes to impose an administrative penalty under subsection (1), the procedure set out in section 441.3 of the Insurance Act applies, with necessary modifications.

Summary administrative penalties

   11.4  (1)  If the Superintendent is satisfied that an insurer is contravening or not complying with or has contravened or failed to comply with a provision of this Act as may be prescribed, the Superintendent may, by order, impose an administrative penalty on the insurer in accordance with this section and the regulations.

Procedure

   (2)  The procedure set out in section 441.4 of the Insurance Act applies, with necessary modifications, to the imposition of an administrative penalty under subsection (1).

Maximum administrative penalties

   11.5  (1)  An administrative penalty imposed on an insurer under section 11.3 shall not exceed $200,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

Same

   (2)  An administrative penalty imposed on an insurer under section 11.4 shall not exceed $25,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

Enforcement of administrative penalties

   11.6  Section 441.6 of the Insurance Act applies, with necessary modifications, with respect to the payment and enforcement of administrative penalties imposed under this Act.

Regulations

   11.7  The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under sections 11.3 and 11.4 and, without limiting the generality of the foregoing, may make regulations,

  (a)  prescribing provisions of this Act for the purposes of sections 11.3 and 11.4;

  (b)  prescribing criteria the Superintendent is required or permitted to consider when imposing a penalty under section 11.3 or 11.4;

   (c)  prescribing the amount of a penalty, or the method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply;

  (d)  authorizing the Superintendent to determine the amount of a penalty, if the amount of the penalty or the method for calculating the amount of the penalty is not prescribed, and prescribing criteria the Superintendent is required or permitted to consider when determining the amount of the penalty;

  (e)  authorizing a penalty to be imposed for each day or part of a day on which a contravention or failure to comply continues;

    (f)  authorizing higher penalties (not to exceed the maximum penalty established under section 11.5 or prescribed under clause (j)) for a second or subsequent contravention or failure to comply by an insurer;

  (g)  governing the manner of paying the penalties;

   (h)  requiring that a penalty be paid before a specified deadline or before a deadline specified by the Superintendent;

    (i)  authorizing the imposition of late payment fees respecting penalties that are not paid before the deadline, including graduated late payment fees;

    (j)  prescribing lesser maximum administrative penalties and the requirements established under this Act to which the lesser maximum penalties apply for the purpose of subsection 11.5 (1) or (2).

   2.  Subsection 12 (1) of the Act is amended by striking out “on a first conviction to a fine of not more than $100,000 and on each subsequent conviction to a fine of not more than $200,000” in the portion before paragraph 1 and substituting “on a first conviction to a fine of not more than $250,000 and on each subsequent conviction to a fine of not more than $500,000”.

Commencement

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

 

SCHEDULE 3
boundaries Act

   1.  Section 2 of the Boundaries Act is repealed.

   2.  (1)  Subsection 16 (1) of the Act is amended by striking out “or a copy thereof”.

   (2)  Subsection 16 (2) of the Act is repealed and the following substituted:

Same

   (2)  When the plan is received for registration, it shall be registered and recorded in accordance with the instructions of the Director.

   3.  Clause 20.1 (c) of the Act is repealed and the following substituted:

   (c)  specify the procedures to be followed in the land registration system with respect to matters under this Act.

Commencement

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

 

Schedule 4
Broader Public Sector Accountability Act, 2010

   1.  The Broader Public Sector Accountability Act, 2010 is amended by adding the following Part:

part iI.1
compensation arrangements

Interpretation

Interpretation

   7.1  (1)  In this Part,

“cash compensation” means compensation that is the sum of salary and non-discretionary and discretionary payments, including, but not limited to, performance pay, incentive pay, bonuses and allowances; (“rémunération en espèces”)

“compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle him or her to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments; (“rémunération”)

“compensation plan” means the provisions, however established, for the determination and administration of a person’s compensation; (“régime de rémunération”)

“designated employer” means an employer to which this Part applies by virtue of section 7.2; (“employeur désigné”)

“designated executive” means an employee to whom this Part applies by virtue of section 7.3; (“cadre désigné”)

“designated office holder” means an office holder to whom this Part applies by virtue of section 7.3; (“titulaire de charge désigné”)

“effective date”, in relation to a designated employer, designated executive or designated office holder, means the date determined under section 7.4; (“date d’effet”)

“performance pay” means compensation paid by an employer to an employee or office holder in respect of an assessment of his or her performance; (“prime de rendement”)

“prescribed” means prescribed by a regulation made under this Part; (“prescrit”)

“restraint measure” means a requirement set out in section 7.6, 7.7, 7.8, 7.9, 7.10, 7.11, 7.12, 7.13 or 7.16; (“mesure de restriction”)

“restraint period”, in relation to a designated employer, designated executive or designated office holder, means the period beginning on the applicable effective date and ending on the earlier of,

  (a)  the date specified in section 7.5, and

  (b)  the date the employer or individual ceases to be a designated employer, designated executive or designated office holder, as the case may be; (“période de restriction”)

“salary” means compensation that is the fixed or ascertainable amount an employee or office holder is entitled to be paid for each pay period. (“traitement”)

Time off

   (2)  For greater certainty, time off is a benefit for the purposes of this Part.

Deemed employees

   (3)  For the purposes of this Part, the directors, members and officers of an employer are deemed to be employees of the employer.

Employer of office holders

   (4)  A reference in this Part to the employer of an office holder is a reference to the employer to which the office holder is appointed, and the use of this terminology is not intended to create a deemed employment relationship between them for the purposes of this or any other Act or any law.

Application

Employers

   7.2  This Part applies to the following employers:

    1.  Every public hospital and the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa.

    2.  Every school board.

    3.  Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements.

    4.  Hydro One Inc. and each of its subsidiaries.

    5.  Independent Electricity System Operator.

    6.  Ontario Power Authority.

    7.  Ontario Power Generation Inc. and each of its subsidiaries.

    8.  Such other authorities, boards, commissions, committees, corporations, councils, foundations or organizations as may be prescribed for the purposes of this section.

Employees and office holders

   7.3  (1)  Unless a regulation excludes an employee or office holder or a class of employees or office holders from the application of this Part, this Part applies to an employee or office holder of a designated employer, if the condition in paragraph 1 and the condition in paragraph 2 are both met:

    1.  The employee or office holder,

            i.  is the head of the designated employer, regardless of whether the title of the position or office is chief executive officer, president or something else,

           ii.  is a full-time member of the board of directors, board of governors, board of trustees or other governing body of the designated employer,

          iii.  is a vice president, chief administrative officer, chief operating officer, chief financial officer or chief information officer of the designated employer or holds any other executive position or office with the designated employer, regardless of the title of the position or office,

          iv.  is the director of education, or a superintendent, of a designated employer that is a school board, or

           v.  is the provost or dean of a designated employer that is a university, college of applied arts and technology or post-secondary institution.

    2.  Under his or her compensation plan, the employee or office holder is entitled to receive or could potentially receive annual cash compensation of $100,000 or more in 2012, 2013 or 2014.  For the purpose of this paragraph, if the employee or office holder works only a portion of a year, his or her cash compensation for the whole year shall be calculated as if he or she were entitled to receive or could potentially receive cash compensation for the remainder of the year at the same rate or level.

Same

   (2)  This Part applies to such other employees and office holders of a designated employer as may be prescribed.

Exception re collective bargaining

   (3)  Despite subsections (1) and (2), this Part does not apply to an employee who is represented by any of the following organizations which represent two or more employees for the purpose of collectively bargaining, with their employer, terms and conditions of employment relating to compensation:

    1.  An organization that engages in collective bargaining under the Labour Relations Act, 1995, the Education Act or the Colleges Collective Bargaining Act, 2008.

    2.  An organization that, before the employer’s effective date, collectively bargained, with the employer, terms and conditions of employment relating to compensation that were implemented before the employer’s effective date.

    3.  An organization that, before the employer’s effective date, has an established framework for collectively bargaining, with the employer, terms and conditions of employment relating to compensation.

    4.  Another prescribed organization.

Restraint Measures

Effective date of restraint measures

   7.4  (1)  The effective date of the restraint measures for designated employers, designated executives and designated office holders is March 31, 2012, except as otherwise provided in this section.

Effective date for certain employers, etc.

   (2)  If this Part applies to an employer by virtue of a regulation mentioned in paragraph 8 of section 7.2, the effective date of the restraint measures for the employer, its designated executives and its designated office holders is the date specified by the regulation, subject to subsections (4) and (5).

Same

   (3)  If this Part becomes applicable to an employer after March 31, 2012 by virtue of paragraph 1, 2, 3, 4 or 7 of section 7.2, the effective date of the restraint measures for the employer, its designated executives and its designated office holders is the date on which this Part becomes applicable to the employer, subject to subsections (4) and (5).

Effective date for certain executives and office holders, etc.

   (4)  If this Part applies to an employee or office holder by virtue of a regulation mentioned in subsection 7.3 (2), the effective date of the restraint measures for the employee or office holder is the date specified by the regulation.

Same

   (5)  If this Part becomes applicable to an employee or office holder after March 31, 2012 because the earliest date on which the employee or office holder first meets both the condition in paragraph 1 and the condition in paragraph 2 of subsection 7.3 (1) is after March 31, 2012, the effective date of the restraint measures for the employee or office holder is the date on which this Part becomes applicable to him or her.

Expiry of certain restraint measures

   7.5  (1)  The restraint measures in sections 7.6 to 7.13 expire on a day to be named by proclamation of the Lieutenant Governor.

Proclamation

   (2)  The Lieutenant Governor may by proclamation name the date on which the restraint measures in sections 7.6 to 7.13 expire.

Expiry date

   (3)  The date named in the proclamation must be on or after the day Public Accounts for a fiscal year are laid before the Assembly indicating that the Province did not have a deficit for that fiscal year.

Interpretation, deficit

   (4)  For the purposes of subsection (3), the Province is considered not to have a deficit for a fiscal year if the expenditures of the Province for the fiscal year do not exceed the revenues for the fiscal year.

No increases under compensation plan

   7.6  No designated employer shall, before the end of the restraint period, amend the compensation plan that is in effect on the employer’s effective date for the position of a designated executive or the office of a designated office holder, in any manner that would increase the salary, the salary range, or any benefit, perquisite or non-discretionary or discretionary payment that is required to be, or that may be, provided to a holder of that position or office under the compensation plan.

No increase in salary

   7.7  The salary of a designated executive or designated office holder under the compensation plan that is in effect for the position or office on his or her effective date cannot be increased before the end of the restraint period.

No increase in benefits, perquisites and payments, etc.

   7.8  (1)  Subject to subsection (3), a benefit, perquisite or payment provided to a designated executive or designated office holder under the compensation plan that is in effect for the position or office on his or her effective date cannot be increased before the end of the restraint period, and no new or additional benefits, perquisites or payments may be provided to a designated executive or designated office holder before the end of the restraint period.

Payment

   (2)  In this section, “payment” means cash compensation other than salary.

Exception, payments

   (3)  An increase in a payment, or a new or additional payment, may be provided to a designated executive or designated office holder before the end of the restraint period, if the increase or the new or additional payment,

  (a)  is in recognition of the designated executive’s or designated office holder’s,

           (i)  successful implementation of measures to reduce costs while protecting front-line service,

          (ii)  achievement of articulated government priorities, or

         (iii)  achievement of performance improvement targets set out in an annual quality improvement plan developed under the Excellent Care for All Act, 2010, if the designated employer is a public hospital; and

  (b)  is authorized under the compensation plan that is in effect for the position or office on his or her effective date.

No increase in performance pay envelope

   7.9  (1)  Every designated employer shall ensure that its performance pay envelope for any performance cycle that falls in whole or in part within the restraint period does not exceed its performance pay envelope for the last performance cycle, ending before the employer’s effective date, in respect of which the employer paid performance pay.

Definitions

   (2)  In this section,

“employee”, in relation to a designated employer, means, despite section 7.3, any employee of the employer, whether or not he or she is a designated executive, but does not include an employee described in subsection 7.3 (3); (“employé”)

“office holder”, in relation to a designated employer, means, despite section 7.3, any office holder of the employer, whether or not he or she is a designated office holder; (“titulaire de charge”)

“performance cycle”, in relation to a designated employer, means a period in respect of which the employer determines the performance pay to be paid to its employees and office holders; (“cycle de rendement”)

“performance pay envelope”, in relation to a designated employer, means the aggregate amount of all performance pay paid by the employer to its employees and office holders in respect of a specific performance cycle. (“enveloppe des primes de rendement”)

No increase upon renewal, etc.

Designated executives

   7.10  (1)  The renewal of a designated executive’s contract cannot, before the end of the restraint period, provide for compensation greater than that provided under the compensation plan that is in effect for the position on his or her effective date.

Designated office holders

   (2)  The renewal of a designated office holder’s appointment cannot, before the end of the restraint period, provide for compensation greater than that provided under the compensation plan that is in effect for the office on his or her effective date.

Interpretation

   (3)  If the designated executive has a new employment contract but remains in the same position, or if the designated office holder has a new appointment but remains in the same office, the new contract or appointment is deemed to be a renewal for the purposes of this section.

New designated executives and office holders

New designated executives

   7.11  (1)  If a person becomes a designated executive on or after March 31, 2012 and before the end of the restraint period, his or her compensation plan must not provide for compensation greater than that provided under the compensation plan that is in effect on his or her effective date for other employees in the same or a similar position with the same designated employer.

New designated office holders

   (2)  If a person becomes a designated office holder on or after March 31, 2012 and before the end of the restraint period, his or her compensation plan must not provide for compensation greater than that provided under the compensation plan that is in effect on his or her effective date for other holders of the same or a similar office with the same designated employer.

Change of position or office

   7.12  If, before the end of the restraint period, a designated executive or designated office holder accepts a new position or office with a designated employer but continues to be a designated executive or designated office holder, his or her new compensation plan must not provide for compensation greater than that provided under the compensation plan that, on the date he or she accepts the new position or office, is in effect for other employees or office holders in the same or a similar position or office with the same designated employer.

Bona fide restructuring, etc.

   7.13  A designated employer shall not, before the end of the restraint period, alter the title of a position or office or carry out any other restructuring that would result in a restraint measure not applying to one or more employees or office holders to whom the restraint measure would otherwise have applied, unless the title alteration or other restructuring is carried out solely for a bona fide purpose other than to prevent the restraint measure from applying to one or more employees or office holders.

Effect of amendment of benefit plan, etc.

   7.14  If, on his or her effective date, a designated executive or designated office holder participates in a group sickness or accident insurance plan, a private health services plan, or a group term life insurance policy, that is applicable to all or most of the employees of the designated employer, any amendment applicable to all or most of the employees of the designated employer that is made to the plan or policy after that effective date does not constitute an increase in a benefit or a new or additional benefit for the purposes of this Part.

Effect of cost increases

   7.15  If a designated employer’s cost of providing a benefit, perquisite or payment under a compensation plan as it existed on the employer’s effective date increases after that effective date, the increase in the designated employer’s cost does not constitute an increase in the benefit, perquisite or payment for the purposes of this Part.

No future compensation re restraint measures

   7.16  A compensation plan cannot provide compensation to an employee or office holder after the end of the restraint period for compensation that he or she did not receive as a result of the restraint measures in this Part.

Conflict with this Part

   7.17  (1)  This Part prevails over any provision of a compensation plan and, if there is a conflict between this Part and a compensation plan, the compensation plan is inoperative to the extent of the conflict.

Same

   (2)  This Part prevails over any other Part of this Act, over any other Act and over any regulation, by-law or other statutory instrument.

Exception

   (3)  Nothing in this Part shall be interpreted or applied so as to reduce any right or entitlement under the Human Rights Code or the Pay Equity Act.

Same

   (4)  Nothing in this Part shall be interpreted or applied so as to reduce any right or entitlement provided under section 42 (Equal pay for equal work) or 44 (Differentiation prohibited) of the Employment Standards Act, 2000.

Same

   (5)  If the insurance plan under the Workplace Safety and Insurance Act, 1997 did not apply to an individual on his or her effective date, nothing in this Part shall be interpreted or applied so as to prevent the insurance plan from applying to the individual after that effective date.

Compliance Reports

Compliance reports

   7.18  (1)  Every designated employer shall prepare reports signed by the employer’s highest ranking officer, certifying whether the employer has complied with the restraint measures throughout the reporting period.

Directives re compliance reports

   (2)  The Minister responsible for this Part may issue directives to designated employers respecting the reports.

Examples

   (3)  Without limiting the generality of subsection (2), the directives may specify the information that must be included in the reports, the persons to whom the reports must be submitted and the form, manner, timing and other requirements related to submitting the reports.

Compensation Studies

Directives re compensation studies

   7.19  (1)  The Management Board of Cabinet may issue directives to designated employers requiring them to conduct compensation studies for the purpose of determining the appropriate compensation for the positions and offices held by designated executives and designated office holders.

Examples

   (2)  Without limiting the generality of subsection (1), the directives may,

  (a)  specify the types of compensation that must be dealt with in the compensation studies, the information that must be included in the compensation studies, the factors that must be taken into account in conducting the compensation studies, and the frequency with which the compensation studies must be conducted;

  (b)  require designated employers to prepare reports of the results of the compensation studies they conduct and specify the information that must be included in the reports, the persons to whom the reports must be submitted and the form, manner, timing and other requirements related to submitting the reports;

   (c)  require designated employers to post the reports mentioned in clause (b) and specify the manner, timing and other requirements related to posting the reports.

Compliance

   (3)  Every designated employer to which a directive applies shall comply with the directive.

Regulations

Regulations

   7.20  (1)  The Lieutenant Governor in Council may make regulations in respect of any matter that, in this Part, is permitted or required to be prescribed, provided or specified by regulation.

Retroactivity

   (2)  A regulation mentioned in paragraph 8 of section 7.2 may be made retroactive to a date no earlier than March 31, 2012.

   2.  Subsection 23 (1) of the Act is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause:

  (e)  the inoperability of a compensation plan by reason of subsection 7.17 (1).

Commencement

   3.  This Schedule is deemed to have come into force on March 31, 2012.

 

schedule 5
business regulation reform act, 1994

   1.  Section 2 of the Business Regulation Reform Act, 1994 is amended by adding the following definitions:

“business information” means,

  (a)  the business identifier, if any, assigned to a business by the system of business identifiers established under section 8 or by a system of business identifiers established by the Government of Canada or an agent of the Government of Canada or by a municipality, local board or other municipal entity,

  (b)  the name of the business and any operating names or other business names used by it,

   (c)  the legal structure of the business,

  (d)  the mailing and email addresses, of the business,

  (e)  the telephone and fax numbers, if any, of the business,

    (f)  if the business is a corporation,

           (i)  the date of its incorporation,

          (ii)  the jurisdiction under whose laws it is incorporated and its incorporation number in that jurisdiction,

         (iii)  for a business incorporated in a jurisdiction other than Ontario, a copy of its licence under the Extra-Provincial Corporations Act, if required to carry on any of its business in Ontario,

         (iv)  the names of its directors,

  (g)  if the business is a partnership, the names of the partners,

   (h)  if the business is an unincorporated organization other than a partnership, the name of at least one individual who alone or together with others is responsible for the management of the business or affairs of the organization, and

    (i)  any other prescribed information; (“renseignements commerciaux”)

“local board” has the same meaning as in the Municipal Act, 2001; (“conseil local”)

“municipality” has the same meaning as in the Municipal Act, 2001; (“municipalité”)

“municipal entity” means any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of a municipality in Ontario, but does not include a local board. (“entité municipale”)

   2.  Section 8 of the Act is amended by adding the following subsections:

Agreements with municipalities

   (2.1)  The Minister responsible for the administration of this section may, with the approval of the Government of Canada or an agent of the Government of Canada who has entered into an agreement under subsection (2), enter into agreements with a municipality, local board or other municipal entity in Ontario for the purpose of integrating a system of business identifiers established under this section with any system of business identifiers established by the municipality, local board or municipal entity.

.     .     .     .     .

Same, municipalities

   (3.1)  The Minister responsible for the administration of this section may enter into agreements with a municipality, local board or other municipal entity respecting whether the municipality, local board or municipal entity may,

  (a)  assign business identifiers to businesses in accordance with the system of business identifiers established under this section; and

  (b)  use the system of business identifiers for any other purpose.

   3.  Section 8.1 of the Act is repealed and the following substituted:

Business information

Minister may require business information

   8.1  (1)  If an agreement mentioned in subsection 8 (3) is entered into in relation to any Act, the Minister responsible for the administration of that Act may require that a person subject to that Act provide prescribed business information to him or her.

Disclosure of business information

   (2)  Business information received under subsection (1),

  (a)  shall be disclosed to the Minister responsible for the administration of this section, for the purposes of this Act; and

  (b)  may be disclosed to the Government of Canada or an agent of the Government of Canada.

Same

   (3)  After an agreement referred to in subsection (1) is entered into in relation to an Act, subsection (2) applies to all business information received by the Minister responsible for that Act, regardless of whether the business information was received before or after the agreement referred to in subsection (1) was entered into.

Minister may require business information, municipalities

   (4)  If an agreement mentioned in subsection 8 (3.1) is entered into with a municipality, local board or other municipal entity, the Minister responsible for the administration of this section,

  (a)  may require that the municipality, local board or municipal entity provide prescribed business information to the Minister; and

  (b)  may receive business information from the municipality, local board or municipal entity.

Disclosure of business information, municipalities

   (5)  Business information received under subsection (4) may be disclosed,

  (a)  to a municipality, local board or other municipal entity; and

  (b)  to the Government of Canada or an agent of the Government of Canada.

Same

   (6)  After an agreement referred to in subsection (4) is entered into, subsection (5) applies to all business information received by the Minister responsible for this section, regardless of whether the business information was received before or after the agreement referred to in subsection (4) was entered into.

Regulations

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

  (a)  prescribing business information for the purposes of subsections (1) and (4);

  (b)  authorizing, for specified purposes, the collection, use and disclosure, by specified persons and entities, of specified business information received under any Act or from any municipality, local board or other municipal entity;

   (c)  authorizing, for specified purposes, the collection, use and disclosure, by municipalities, local boards or other municipal entities, of specified business information received by the Minister,

           (i)  under any Act, or

          (ii)  from any municipality, local board or other municipal entity.

Confidentiality provisions do not apply

   (8)  Any requirement or authority under this section, or under a regulation made under clause (7) (b) or (c), to disclose business information applies despite any confidentiality provision in another Act.

Same

   (9)  Unless it is expressly provided in any other Act that its provisions and regulations, rules or by-laws made under it apply despite subsection (8), subsection (8) prevails over the provisions of such other Act and over regulations, rules or by-laws made under such other Act which conflict with it.

   4.  Section 18 of the Act is amended by adding the following clause:

   (c)  prescribing information for the purpose of clause (i) of the definition of “business information” in section 2.

Commencement

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

 

schedule 6
change of name act

   1.  The English version of the definition of “file” in section 1 of the Change of Name Act is repealed and the following substituted:

“file” means to file with the Registrar General; (“déposer”)

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

Delegation of powers and duties

   1.1  The Registrar General may delegate in writing any or all of his or her powers and duties under this Act to any person, subject to any restrictions set out in the delegation.

   3.  (1)  Subsection 8 (1.2) of the Act is amended by striking out “Ministry of Correctional Services” and substituting “Ministry of Community Safety and Correctional Services”.

   (2)  Clause 8 (2) (a) of the Act is repealed and the following substituted:

  (a)  the application shall be sealed in a separate file and kept by the Registrar General;

   4.  Subsection 12.1 (1) of the Act is repealed and the following substituted:

Powers of Registrar General

   (1)  The Registrar General may by order,

  (a)  set and collect fees for services that the Registrar General provides under this Act; and

  (b)  provide for the waiver of payment of those fees in favour of any person or class of persons.

Commencement

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

 

schedule 7
children’s law reform act

   1.  Subsections 12 (1) and (2) of the Children’s Law Reform Act are amended by striking out “in the office of the Registrar General” wherever it appears and substituting in each case “with the Registrar General”.

Commencement

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

 

schedule 8
compulsory automobile insurance act

   1.  Subsection 14 (2) of the Compulsory Automobile Insurance Act is amended by striking out “on a first conviction to a fine of not more than $100,000 and on a subsequent conviction to a fine of not more than $200,000” at the end and substituting “on a first conviction to a fine of not more than $250,000 and on each subsequent conviction to a fine of not more than $500,000”.

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

Definitions

   14.2  In sections 14.3 to 14.7 and subsection 15 (3),

“person” includes the Association; (“personne”)

“requirement established under this Act” means,

  (a)  a requirement imposed by a provision of this Act that is prescribed for the purpose of section 14.4 or 14.5 or by a provision of a regulation that is prescribed for the purpose of either of those sections,

  (b)  a requirement imposed by order, or

   (c)  an obligation assumed by way of undertaking. (“exigence établie en vertu de la présente loi”)

Administrative penalties

   14.3  (1)  An administrative penalty may be imposed under section 14.4 or 14.5 for either of the following purposes:

    1.  To promote compliance with the requirements established under this Act.

    2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening or failing to comply with a requirement established under this Act.

Same

   (2)  An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this Act, including an order under section 14.1 for the suspension or cancellation of an insurer’s licence.

General administrative penalties

   14.4  (1)  If the Superintendent is satisfied that a person is contravening or not complying with or has contravened or failed to comply with any of the following, the Superintendent may, by order, impose an administrative penalty on the person in accordance with this section and the regulations:

    1.  A provision of this Act or the regulations as may be prescribed.

    2.  A requirement or obligation described in clause (b) or (c) of the definition of “requirement established under this Act” in section 14.2.

Procedure

   (2)  If the Superintendent proposes to impose an administrative penalty under subsection (1), the procedure set out in section 441.3 of the Insurance Act applies, with necessary modifications.

Summary administrative penalties

   14.5  (1)  If the Superintendent is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a provision of this Act or the regulations as may be prescribed, the Superintendent may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.

Procedure

   (2)  The procedure set out in section 441.4 of the Insurance Act applies, with necessary modifications, to the imposition of an administrative penalty under subsection (1).

Maximum administrative penalties

   14.6  (1)  An administrative penalty imposed under section 14.4 shall not exceed the following amounts:

    1.  For a contravention or failure to comply by a person, other than an individual, $200,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

    2.  For a contravention or failure to comply by an individual, $100,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

Same

   (2)  An administrative penalty imposed under section 14.5 shall not exceed $25,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

Enforcement of administrative penalties

   14.7  Section 441.6 of the Insurance Act applies, with necessary modifications, with respect to the payment and enforcement of administrative penalties imposed under this Act.

   3.  Section 15 of the Act is amended by adding the following subsection:

Regulations, administrative penalties

   (3)  The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under sections 14.4 and 14.5 and, without limiting the generality of the foregoing, may make regulations,

  (a)  prescribing provisions of this Act or the regulations for the purposes of sections 14.4 and 14.5;

  (b)  prescribing criteria the Superintendent is required or permitted to consider when imposing a penalty under section 14.4 or 14.5;

   (c)  prescribing the amount of a penalty, or the method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and for different classes of persons;

  (d)  authorizing the Superintendent to determine the amount of a penalty, if the amount of the penalty or the method for calculating the amount of the penalty is not prescribed, and prescribing criteria the Superintendent is required or permitted to consider when determining this;

  (e)  authorizing a penalty to be imposed for each day or part of a day on which a contravention or failure to comply continues;

    (f)  authorizing higher penalties (not to exceed the maximum penalty established under section 14.6 or prescribed under clause (j)) for a second or subsequent contravention or failure to comply by a person;

  (g)  governing the manner of paying the penalties;

   (h)  requiring that a penalty be paid before a specified deadline or before a deadline specified by the Superintendent;

    (i)  authorizing the imposition of late payment fees respecting penalties that are not paid before the deadline, including graduated late payment fees;

    (j)  prescribing lesser maximum administrative penalties and the requirements established under this Act to which the lesser maximum penalties apply for the purpose of subsection 14.6 (1) or (2).

Commencement

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

 

SCHEDULE 9
condominium act, 1998

   1.  (1)  Subsection 1 (1) of the Condominium Act, 1998 is amended by adding the following definition:

“Director of Titles” means the Director of Titles appointed under section 9 of the Land Titles Act; (“directeur des droits immobiliers”)

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

“Minister” means the Minister responsible for the administration of subsection 177 (2) of this Act; (“ministre”)

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

Index

   (2)  An index of the corporations created by the registrations shall be kept.

Same

   (3)  The index mentioned in subsection (2) shall be in the form approved by the Director of Titles and shall be known in English as the Condominium Corporations Index and in French as Répertoire des associations condominiales.

Condominium register

   (4)  A register in the form approved by the Director of Titles to be known in English as the Condominium Register and in French as Registre des condominiums shall be kept.

   (2)  Subsection 3 (5) of the Act is amended by striking out “and the instructions of the Director of Titles” and substituting “if any, or the instructions of the Director of Titles if there are no such regulations”.

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

Name

   (2)  A name shall be assigned to each corporation in accordance with the regulations made under this Act, if any, or the instructions of the Director of Titles if there are no such regulations.

   4.  Subsection 110 (1) of the Act is amended by striking out “appointed under section 9 of the Land Titles Act”.

   5.  Paragraphs 4 and 5 of subsection 177 (2) of the Act are amended by striking out “or the Registry Act” in each case.

Commencement

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

 

schedule 10
corporations tax act

   1.  (1)  Subclause 78 (2) (b) (i) of the Corporations Tax Act is repealed and the following substituted:

           (i)  subject to subsection (3), on or before the last day of the third month following the taxation year,

                 (A)  if the corporation was a Canadian-controlled private corporation throughout the taxation year,

                 (B)  if, for a taxation year that ends before 2009, its taxable income for the taxation year immediately before that taxation year did not exceed the total of the amounts described in clauses 41 (3.2) (a) to (f), and

                 (C)  if, for a taxation year that ends after 2008, its taxable income for the taxation year immediately before that taxation year did not exceed $500,000, or

   (2)  Subsection 78 (3) of the Act is repealed and the following substituted:

Same

   (3)  For the purposes of sub-subclauses (2) (b) (i) (B) and (C), if the immediately preceding taxation year is less than 51 weeks long, the amounts referred to in those provisions shall be multiplied by the ratio of the number of days in the immediately preceding year to 365.

   (3)  Subsection 78 (3.1) of the Act is amended by adding the following paragraph:

    3.  Sub-subclause (2) (b) (i) (C) shall be applied with respect to the new corporation as if that sub-subclause read “its taxable income within the meaning of paragraph 1 of subsection (3.1) did not exceed $500,000 for that taxation year”.

Commencement

   2.  This Schedule is deemed to have come into force on January 1, 2009.

 

schedule 11
delegated administrative authorities act, 2012

CONTENTS

General

  1.

  2.

  3.

Purpose

Definitions

Minister responsible for administration of Act

Delegation

  4.

  5.

  6.

  7.

  8.

  9.

10.

11.

12.

13.

14.

15.

16.

Delegation

Corporation

Resolution of the Assembly

Administrative agreement

Review of proposed regulations

Policy directions

Consultation

Advisory council, advisory process

Review

Transitional provisions

Conflict

Notice of revocation

Condition precedent for exercise of certain powers

Delegated Administrative Authorities

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

Duties

Changes to objects or purposes

Role of delegated administrative authority under delegated legislation

Right to use French

Duty to inform responsible Minister

Advice, etc., of delegated administrative authority

Rules and criteria re board members

Board appointments by responsible Minister

Change in number of directors

Appointment of chair by Lieutenant Governor in Council

Public access to corporate by-laws

Membership in delegated administrative authority

Employees

No Crown agency

No personal liability, Crown employee

No Crown liability

Indemnification

No personal liability, board members and others

Forms and fees

Not public money

Audit

Annual report

Administrator

Appointment of administrator, effect on board

Miscellaneous Provisions

41.

42.

43.

Offences

Regulations

Amendments to this Act

Consequential Amendments and Repeal

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

Cemeteries Act (Revised)

Clean Water Act, 2006

Electricity Act, 1998

Funeral, Burial and Cremation Services Act, 2002

Ministry of Consumer and Business Services Act

Motor Vehicle Dealers Act, 2002

Ontario Labour Mobility Act, 2009

Real Estate and Business Brokers Act, 2002

Travel Industry Act, 2002

Repeal

Commencement and Short Title

54.

55.

Commencement

Short title

______________

General

Purpose

   1.  The purpose of this Act is to provide for the efficient and effective delivery of delegated government programs and services by independent not-for-profit corporations operating within a strong accountability and governance framework.

Definitions

   2.  In this Act,

“administrative agreement” means an agreement described in section 7; (“accord d’application”)

“delegated administrative authority” means a corporation that the Lieutenant Governor in Council has prescribed under clause 4 (1) (b); (“organisme d’application délégataire”)

“delegated legislation”, when used in connection with a delegated administrative authority, means the legislation whose administration is delegated to the administrative authority under subsection 4 (1), subject to any restrictions imposed under subsection 4 (2); (“législation déléguée”)

“legislation” means Acts and regulations; (“législation”)

“responsible Minister”, when used in connection with delegated legislation, means the Minister responsible for its administration. (“ministre responsable”)

Minister responsible for administration of Act

   3.  The Minister responsible for the administration of this Act is the Minister of Consumer Services or such other member of the Executive Council to whom that responsibility may be assigned or transferred under the Executive Council Act.

Delegation

Delegation

   4.  (1)  If the requirements of section 5, section 6, subsection 7 (1) and section 8 are met, the Lieutenant Governor in Council may, by regulation,

  (a)  delegate the administration of specified provisions of an Act, the regulations made under it, or both, for the purposes of this Act; and

  (b)  prescribe a corporation as a delegated administrative authority for the purposes of this Act, to administer the delegated legislation.

Restrictions

   (2)  A delegation of legislation under clause (1) (a) may be restricted to,

  (a)  specified aspects or purposes of the specified provisions;

  (b)  specified persons or classes of persons to whom the specified provisions apply;

   (c)  specified programs or parts of programs;

  (d)  specified parts of Ontario;

  (e)  specified time periods.

More than one delegated administrative authority

   (3)  Two or more corporations may be prescribed,

  (a)  to administer different specified provisions of the same legislation;

  (b)  to administer the same specified provisions, but with respect to,

           (i)  different specified aspects or purposes,

          (ii)  different specified persons or classes of persons,

         (iii)  different specified programs or parts of programs,

         (iv)  different specified parts of Ontario, or

          (v)  different specified time periods.

More than one Act

   (4)  The same corporation may be prescribed as a delegated administrative authority to administer specified provisions of,

  (a)  more than one Act; or

  (b)  regulations made under more than one Act.

Exception: regulations and certain orders

   (5)  A delegation of legislation does not apply to,

  (a)  regulation-making powers; or

  (b)  powers to make orders that the legislation confers on the Lieutenant Governor in Council or on a Minister.

Previous administration

   (6)  Nothing in a delegation of legislation,

  (a)  invalidates anything that was done under the delegated legislation before the day on which the regulation comes into force, including, without limitation, regulations, appointments and registrations; or

  (b)  affects investigations or proceedings begun under the delegated legislation before the day on which the regulation comes into force.

Persons bound

   (7)  Delegated legislation binds all persons whom it would bind if it had not been delegated.

Non-legislative programs

   (8)  A program that is established otherwise than by legislation may also be delegated under subsection (1), and in that case,

  (a)  the regulation shall describe the program and identify the government documents that establish and govern it; and

  (b)  this Act, except section 41, applies in respect of the documents, with necessary modifications, as if they were delegated legislation.

Corporation

   5.  A corporation may be prescribed under clause 4 (1) (b) only if it meets the following conditions:

    1.  It is a not-for-profit corporation without share capital.

    2.  It is incorporated under the laws of Ontario.

    3.  It does not form part of,

            i.  a municipal or provincial government, the government of Canada or a foreign government, or

           ii.  an agency of a government mentioned in subparagraph i.

Resolution of the Assembly

   6.  (1)  A regulation may be made under subsection 4 (1) only if the Assembly has adopted a resolution authorizing the regulation.

Same

   (2)  A resolution described in subsection (1) shall not authorize the delegation of the administration of provisions of more than one Act or of regulations made under more than one Act.

Administrative agreement

   7.  (1)  A regulation may be made under subsection 4 (1) only if the responsible Minister and the delegated administrative authority have entered into an administrative agreement with respect to the delegated legislation.

Contents

   (2)  The administrative agreement shall include all matters that the Minister considers necessary for delegating the administration of the delegated legislation to the administrative authority, including, at a minimum,

  (a)  requirements relating to the governance of the administrative authority;

  (b)  requirements with which the administrative authority shall comply in connection with its administration of the delegated legislation, including a requirement for adequate insurance against liability arising out of that administration;

   (c)  a requirement to surrender any document, on request, to a person appointed by,

           (i)  the Speaker of the Assembly, the Auditor General, the Environmental Commissioner, the Information and Privacy Commissioner, the Integrity Commissioner or the Ombudsman, or

          (ii)  the Minister; and

  (d)  requirements for quantitative metrics to measure success and failure.

Amendment by responsible Minister

   (3)  Subject to section 16, the Minister may unilaterally amend the administrative agreement, after giving the administrative authority the notice that he or she considers reasonable in the circumstances.

Notice to Assembly

   (4)  Within 10 days after the administrative agreement is amended, the Minister shall provide a copy of the amendments to the Speaker of the Assembly.

Review of proposed regulations

   8.  (1)  A proposed regulation under subsection 4 (1) must be submitted to the Office of the Auditor General for review.

Condition precedent

   (2)  The regulation may be made under subsection 4 (1) only if,

  (a)  the Auditor General has approved it under subsection (6) or is deemed to have approved it under subsection (12); or

  (b)  the Assembly has approved it under subsection (14). 

Review by Auditor General

   (3)  The Auditor General shall review the proposed regulation to determine whether, in his or her opinion, it is likely to have a significant impact, having regard to,

  (a)  fiscal, economic and environmental factors;

  (b)  provisions of this Act and of the proposed regulation that would prevail over the delegated legislation under clause 14 (1) (a); and

   (c)  such other matters as may be prescribed by regulation.

Role of others

   (4)  When conducting a review, the Auditor General may request the participation and advice of such other persons appointed on the address of the Assembly as the Auditor General considers appropriate in the circumstances.

Additional information

   (5)  The responsible Minister or other official who submits the proposed regulation for review shall promptly give the Auditor General such additional information and documents as the Auditor General or a person referred to in subsection (4) may request.

Results of review by Auditor General

   (6)  The Auditor General shall approve the proposed regulation unless, in his or her opinion, it is likely to have a significant impact as determined during the review.  In that case, the Auditor General shall decline to approve the proposed regulation.

Same

   (7)  The decision of the Auditor General is final.

Notice of results

   (8)  Within 90 days after receiving the proposed regulation for review, or within such longer period as may be authorized under subsection (10), the Office of the Auditor General shall notify the following persons of the results of the review:

    1.  The responsible Minister or other official who submitted the proposed regulation for review.

    2.  The Minister responsible for the administration of this Act.

    3.  The Clerk of the Assembly.

Same

   (9)  The notice must include the reasons for the Auditor General’s decision and may include such other information as the Auditor General considers appropriate.

Extension of deadline

   (10)  The Auditor General may extend the period within which the notice must be given for further periods of 90 days if, in his or her opinion, the extension is necessary because of the complexity of the proposed regulation or because of other circumstances.

Same

   (11)  If the notice period is extended, the Office of the Auditor General shall promptly notify the persons listed in subsection (8).

Deemed approval by Auditor General

   (12)  If the notice is not given before the notice period expires, the Auditor General is deemed to have approved the proposed regulation.

Review by Standing Committee

   (13)  If the Auditor General declines to approve the proposed regulation, it stands referred to the Standing Committee on Public Accounts for consideration.

Approval of the Assembly

   (14)  The Assembly may indicate its approval of a proposed regulation by means of a resolution.

Notice of Assembly decision

   (15)  If the Assembly approves the proposed regulation, the Clerk of the Assembly shall notify the responsible Minister.

Public registry of proposals, notices

   (16)  The Auditor General shall maintain a public registry of the following information and documents, each of which must be promptly posted on the registry:

    1.  Proposed regulations submitted for review under this section.

    2.  Any notice under subsection (10) extending the deadline for the review.

    3.  The notice, if any, from the Auditor General following the review.

    4.  Such other information as the Auditor General considers appropriate.

Annual report

   (17)  Each year, the Auditor General shall report to the Speaker about such matters as the Auditor General considers appropriate relating to his or her powers and duties under this Act.

Special report

   (18)  The Auditor General may make a special report to the Speaker at any time on any matter that in the opinion of the Auditor General should not be deferred until the annual report.

Tabling of reports

   (19)  The Speaker shall lay each annual report or special report before the Assembly at the earliest reasonable opportunity.

Policy directions

   9.  (1)  Policy directions relating to the administration of the delegated administrative authority’s delegated legislation may be issued to the delegated administrative authority by a resolution of the Assembly or by the responsible Minister.

Notice, Assembly

   (2)  In the case of policy directions issued by the Assembly, the Speaker shall take the following steps:

    1.  On becoming aware that the resolution has been proposed for debate, promptly notify the administrative authority of the details.

    2.  As soon as the resolution is adopted, provide the administrative authority with a copy of the resolution.

Notice, responsible Minister

   (3)  In the case of policy directions issued by the Minister, the Minister shall take the following steps:

    1.  Before issuing the policy directions, give the administrative authority the notice that he or she considers reasonable in the circumstances.

    2.  As soon as the policy directions are issued, provide copies of them to,

            i.  the administrative authority, and

           ii.  the Speaker of the Assembly.

Conflict

   (4)  In the event of conflict between policy directions issued by the Assembly and policy directions issued by the Minister, the ones issued by the Assembly prevail.

Part of administrative agreement

   (5)  The policy directions are deemed to form part of the administrative agreement.

Compliance

   (6)  The administrative authority shall comply with the policy directions as soon as possible and, in any case, shall implement measures to do so within 30 days after the policy directions are issued.

Consultation

   10.  The responsible Minister may consult with the delegated administrative authority about proposed legislative or policy changes that may affect the administrative authority and its activities.

Advisory council, advisory process

   11.  The responsible Minister may require the delegated administrative authority to,

  (a)  establish one or more advisory councils;

  (b)  undertake an advisory process in which it seeks advice from the public, from persons with experience or knowledge relating to the delegated legislation, or from both.

Review

   12.  (1)  The responsible Minister may,

  (a)  require that policy, legislative or regulatory reviews related to the delegated legislation and the administrative agreement be carried out,

           (i)  by or on behalf of the delegated administrative authority, or

          (ii)  by a person or entity specified by the Minister;

  (b)  require that reviews of the administrative authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,

           (i)  by or on behalf of the administrative authority, or

          (ii)  by a person or entity specified by the Minister.

Access to records and information

   (2)  When a review is carried out under subclause (1) (a) (ii) or (1) (b) (ii), the administrative authority shall give the person or entity specified by the Minister and the person’s or entity’s employees access to all records and other information required to conduct the review.

Who may require review

   (3)  The Minister’s power to require reviews and specify persons or entities under clause (1) (a) or (b) may also be exercised by any of the following persons, and in that case subsections (1) and (2) shall be read with all necessary modifications:

    1.  The Speaker of the Assembly.

    2.  The Auditor General.

    3.  The Environmental Commissioner.

    4.  The Information and Privacy Commissioner.

    5.  The Integrity Commissioner.

    6.  The Ombudsman.

Transitional provisions

Existing delegations continued

   13.  (1)  The following rules apply if a corporation is, on the day before section 4 comes into force, a designated administrative authority under the Safety and Consumer Statutes Administration Act, 1996:

    1.  The corporation is deemed to be a delegated administrative authority under this Act.

    2.  The designated legislation whose administration is delegated to the corporation under the Safety and Consumer Statutes Administration Act, 1996 is deemed to be the administrative authority’s delegated legislation under this Act.

Incorporation under laws of Canada

   (2)  If a corporation that is deemed to be a delegated administrative authority by paragraph 1 of subsection (1) is incorporated under the laws of Canada,

  (a)  paragraph 2 of section 5 does not apply to the corporation during the period specified in the administrative agreement; and

  (b)  if the corporation is continued under the laws of Ontario on or before the last day of that period, it continues to be deemed to be a delegated administrative authority.

Conflict

   14.  (1)  In the event of conflict, this Act and the regulations made under it prevail over,

  (a)  the delegated legislation;

  (b)  the administrative agreement; and

   (c)  the delegated administrative authority’s constating documents, by-laws and resolutions.

Same

   (2)  In the event of conflict, the delegated legislation prevails over,

  (a)  the administrative agreement; and

  (b)  the administrative authority’s constating documents, by-laws and resolutions.

Same

   (3)  In the event of conflict, this Act prevails over the Corporations Act.

Notice of revocation

   15.  (1)  Before revoking a delegation, the Lieutenant Governor in Council shall give at least 30 days notice of the intent to revoke to,

  (a)  the Speaker of the Assembly; and

  (b)  the delegated administrative authority.

Exception

   (2)  If the Lieutenant Governor in Council considers a revocation urgently necessary in the public interest, the Lieutenant Governor in Council may shorten the 30-day notice period or dispense with notice.

Same

   (3)  If the Lieutenant Governor in Council acts under subsection (2), the Lieutenant Governor in Council shall provide an explanation of the reasons for doing so to,

  (a)  the Speaker of the Assembly; and

  (b)  the delegated administrative authority.

Definition

   (4)  In this section,

“revoke”, when used in connection with a delegation, means to amend a regulation made under subsection 4 (1) so as to withdraw the delegation of delegated legislation, remove a corporation’s status as a delegated administrative authority, or both.

Condition precedent for exercise of certain powers

   16.  The Lieutenant Governor in Council or the responsible Minister, as the case may be, may exercise a power under subsection 7 (3), 9 (1), 18 (1) or 39 (1) only if they are of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied:

    1.  The exercise of the power is necessary to prevent serious harm to,

            i.  public safety,

           ii.  public health,

          iii.  the interests of consumers, or

          iv.  the natural environment as defined in the Environmental Protection Act.

    2.  An event of force majeure has occurred.

    3.  The delegated administrative authority is insolvent.

    4.  The number of members of the board of directors of the administrative authority is insufficient for a quorum.

Delegated Administrative Authorities

Duties

   17.  (1)  A delegated administrative authority shall,

  (a)  administer its delegated legislation in accordance with this Act and the administrative agreement; and

  (b)  comply with this Act and the delegated legislation.

Additional activities

   (2)  The administrative authority may carry out other activities in accordance with its objects or purposes, subject to subsection (3).

Commercial activity

   (3)  The administrative authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the administrative authority.

Changes to objects or purposes

   18.  (1)  Subject to section 16, the responsible Minister may require that a specified change be made to the objects or purposes of a delegated administrative authority.

Notice to Assembly

   (2)  Within 10 days after the Minister gives the document containing the requirement to the administrative authority, he or she shall also provide a copy of the document to the Speaker of the Assembly. 

Same

   (3)  No changes shall be made to an administrative authority’s objects or purposes unless the Minister’s written approval is obtained in advance.

Role of delegated administrative authority under delegated legislation

   19.  (1)  The delegated administrative authority is entitled to exercise the powers and shall perform the duties of the responsible Minister and deputy minister under the delegated legislation, subject to any restrictions imposed under subsection 4 (2).

Notices, fees, etc.

   (2)  Anything in the delegated legislation that requires a person to do something with respect to the Minister or deputy minister, such as giving a notice or paying a fee, shall be read as requiring the same thing with respect to the administrative authority.

Minister’s approval and notice required

   (3)  Despite subsection (2), if the delegated legislation requires persons to make payments to the responsible Minister or deputy minister, the administrative authority is entitled to receive those payments only if the following conditions are satisfied:

    1.  The Minister has, in writing, authorized the administrative authority to receive the payments.

    2.  The Minister’s authorization has been tabled with the Clerk of the Assembly.

Appointments

   (4)  If the delegated legislation provides that the Minister or deputy minister shall or may appoint an official,

  (a)  the administrative authority is entitled to make the appointment in his or her place;

  (b)  the person appointed by the administrative authority has the same authority as if appointed by the Minister or deputy minister; and

   (c)  despite anything in the delegated legislation, the person appointed is not required to be a public servant.

Minister’s approval required

   (5)  An appointment made by the administrative authority under subsection (4) does not become effective until the Minister approves it in writing.

Notice

   (6)  Within 10 days after approving the appointment, the Minister shall notify the Speaker of the Assembly of the approval.

Same

   (7)  Subsection (4) also applies, with necessary modifications, if the delegated legislation provides that the Minister or deputy minister shall or may appoint the members of a committee.

Meaning of “deputy minister”, “official”

   (8)  In this section,

“deputy minister” means the deputy minister of the responsible Minister’s ministry; (“sous-ministre”)

“official” means any person to whom the delegated legislation gives duties or powers, including, without limitation, a director, registrar, enforcement officer, provincial officer, investigator or inspector. (“agent d’application”)

Right to use French

   20.  (1)  A person has the right to communicate in French with, and to receive available services in French from, a delegated administrative authority.

Board to ensure

   (2)  The board of directors of the administrative authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section.

Limitation

   (3)  The right to use French given by this section is subject to the limits that are reasonable in the circumstances.

Existing delegations

   (4)  This section does not apply to a corporation that is deemed to be a delegated administrative authority under subsection 13 (1) until the day specified in a regulation made under clause 42 (1) (d).

Definition

   (5)  In this section,

“service” means any service or procedure that is provided to the public by a designated administrative authority in the administration of its delegated legislation and includes,

  (a)  responding to inquiries from members of the public, and

  (b)  any other communications for the purpose of providing the service or procedure.

Duty to inform responsible Minister

   21.  The delegated administrative authority shall promptly inform and advise the responsible Minister with respect to,

  (a)  any material fact that could affect the administrative authority’s ability to perform its duties under this Act;

  (b)  any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of the delegated legislation is carried out properly.

Advice, etc., of delegated administrative authority

   22.  (1)  The delegated administrative authority shall advise or report to the responsible Minister on any matter that he or she may refer to the administrative authority relating to this Act or to the administration of the delegated legislation.

Same

   (2)  The administrative authority may suggest to the Minister amendments to Ontario legislation that it considers would,

  (a)  further the purpose of this Act or the purpose of the delegated legislation; or

  (b)  assist the administrative authority in administering the delegated legislation.

Rules and criteria re board members

   23.  (1)  An order issued by a resolution of the Assembly or by the responsible Minister may,

  (a)  establish competency criteria for members of the board of directors of the delegated administrative authority; and

  (b)  establish rules about the nomination of members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected.

Same

   (2)  A person is qualified to be appointed or elected to the board only if he or she meets any competency criteria established under clause (1) (a).

Conflict

   (3)  In the event of conflict between an order under subsection (1) and a by-law or resolution of the administrative authority, the order prevails.

Same

   (4)  In the event of conflict between an order under subsection (1) issued by the Assembly and one issued by the Minister, the order of the Assembly prevails.

Board appointments by responsible Minister

   24.  (1)  The responsible Minister may appoint one or more members to the board of directors of a delegated administrative authority for a term specified in the appointment.

Majority

   (2)  The number of members appointed by the Minister shall not be a majority of the board.

Composition

   (3)  The members appointed by the Minister may include representatives of the public, consumer groups, business, government organizations and such other interests as he or she determines.

Change in number of directors

   25.  The responsible Minister may, by order, increase or decrease the number of members of the board of a delegated administrative authority.

Appointment of chair by Lieutenant Governor in Council

   26.  (1)  The Lieutenant Governor in Council shall appoint a person to be the chair of the board of directors of a delegated administrative authority.

Same

   (2)  If the person is not a member of the board before being appointed chair,

  (a)  he or she becomes a member by virtue of the appointment;

  (b)  the rules established under clause 23 (1) (b) do not apply to the person; and

   (c)  for the purposes of subsection 24 (2), the person shall be counted as an appointee of the Minister.

No delegation

   (3)  The appointment power set out in subsection (1) shall not be delegated.

Public access to corporate by-laws

   27.  The delegated administrative authority shall make its corporate by-laws available for public inspection within 30 days after they are made by the board.

Membership in delegated administrative authority

   28.  (1)  Unless the administrative agreement provides otherwise, a delegated administrative authority may, by by-law, require persons described in subsection (2) to become members of the administrative authority on the terms that it specifies.

Same

   (2)  Subsection (1) applies in respect of persons who are required, by the delegated legislation, to register or obtain a licence, permit, certificate or any other authorization in order to carry out an activity governed by the delegated legislation.

Five-year waiting period

   (3)  The administrative authority is not entitled to impose the membership requirement described in subsection (1) until the later of the following dates:

    1.  The fifth anniversary of the day the regulation prescribing it as a delegated administrative authority comes into force.

    2.  The fifth anniversary of the day section 4 comes into force.

No double charges

   (4)  If a fee is charged for the licence, permit, certificate or other authorization described in subsection (2), no fee or other charge may be imposed in connection with the membership requirement described in subsection (1).

Requirement imposed under predecessor Act

   (5)  A membership requirement that was imposed under the Safety and Consumer Statutes Administration Act, 1996 ceases to have effect on the day section 4 comes into force.

Employees

   29.  (1)  A delegated administrative authority may, subject to the administrative agreement, employ or retain the services of any qualified person to carry out any power or duty relating to the administration of its delegated legislation.

No Crown employment

   (2)  Persons who are employed or whose services are retained under subsection (1) are not employees of the Crown and shall not hold themselves out as such.

Same

   (3)  Subsection (2) also applies to the members, officers and agents of the administrative authority, and to its directors, including those appointed by the responsible Minister.

Transfer by public servant

   (4)  A public servant employed under Part III of the Public Service of Ontario Act, 2006 who accepts employment in or assignment to an administrative authority is not an employee of the Crown during the period of the employment or assignment.

No Crown agency

   30.  (1)  A delegated administrative authority is not a Crown agency for the purposes of the Crown Agency Act and shall not hold itself out as such.

Same

   (2)  The following persons are not agents of the Crown and shall not hold themselves out as such:

    1.  Persons who are employed or whose services are retained by the administrative authority.

    2.  Members, officers and agents of the administrative authority.

    3.  Members of the board of directors of the administrative authority, including those appointed by the responsible Minister.

No personal liability, Crown employee

   31.  (1)  No action or other proceeding shall be instituted against an employee of the Crown for an act done in good faith in the execution or intended execution of a duty under this Act or under delegated legislation, or for an alleged neglect or default in the execution in good faith of the duty.

Tort by Crown employee

   (2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject.

No Crown liability

   32.  No action or other proceeding for damages shall be instituted against the Crown for damages that a person suffers as a result of any act or omission taken or made in the administration of this Act or of delegated legislation by a person who is not an employee or agent of the Crown.

Indemnification

   33.  A delegated administrative authority shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the administrative authority or its members, officers, directors, employees or agents,

  (a)  in carrying out the administration of its delegated legislation; or

  (b)  in the execution or intended execution of its powers and duties under this Act, the delegated legislation and the administrative agreement.

No personal liability, board members and others

   34.  (1)  No action or other proceeding shall be instituted against a person mentioned in subsection (2), for an act done in good faith in the execution or intended execution of a power or duty under delegated legislation, or for an alleged neglect or default in the execution in good faith of that power or duty.

Same

   (2)  Subsection (1) applies to,

  (a)  members of the board of directors of a delegated administrative authority;

  (b)  persons who perform functions under delegated legislation as employees, agents or officers of the administrative authority or as persons whose services it retains;

   (c)  members of committees that perform functions under delegated legislation; and

  (d)  individuals who perform functions under delegated legislation.

Liability of delegated administrative authority

   (3)  Subsection (1) does not relieve an administrative authority of liability to which it would otherwise be subject.

Forms and fees

   35.  (1)  A delegated administrative authority may,

  (a)  establish forms related to the administration of its delegated legislation;

  (b)  set and collect fees, costs or other charges related to the administration of its delegated legislation, in accordance with processes and criteria established by the administrative authority and approved by the responsible Minister; and

   (c)  make rules governing the payment of the fees, costs and charges described in clause (b).

Setting fees

   (2)  In setting the fees, costs and charges described in clause (1) (b), the administrative authority may specify their amounts or the method for determining the amounts.

Publication of fee schedule

   (3)  The administrative authority,

  (a)  shall publish the fees, costs and charges, the processes and criteria and the rules on its website and in any other way described in the administrative agreement; and

  (b)  may publish them in any other format the administrative authority considers advisable.

Conflict

   (4)  In the event of conflict, the forms, fees, costs, charges and rules established under this section prevail over any forms, fees, costs, charges and rules established under the delegated legislation before the regulation containing the delegation came into force.

Five-year waiting period

   (5)  Despite anything else in this section, the fees, costs and other charges established under clause (1) (b) do not become effective until the later of the following dates:

    1.  The fifth anniversary of the day the regulation prescribing the administrative authority as a delegated administrative authority comes into force.

    2.  The fifth anniversary of the day section 4 comes into force.

Fees, etc., imposed under predecessor Act

   (6)  Fees, costs and other charges that were imposed under the Safety and Consumer Statutes Administration Act, 1996 cease to have effect on the day section 4 comes into force.

Not public money

   36.  (1)  The money that a delegated administrative authority collects in carrying out the administration of its delegated legislation is not public money within the meaning of the Financial Administration Act.

Same

   (2)  The administrative authority may use the money described in subsection (1) to carry out activities in accordance with its objects, subject to,

  (a)  subsection 17 (3); and

  (b)  any restrictions in the delegated legislation.

Audit

   37.  (1)  The Auditor General appointed under the Auditor General Act may conduct an audit of a delegated administrative authority, other than an audit required under the Corporations Act.

Access to records and information

   (2)  When the Auditor General conducts an audit under subsection (1), the administrative authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit.

Annual report

   38.  (1)  Each year, the board of directors of a delegated administrative authority shall report to the responsible Minister on its activities and financial affairs as they relate to,

  (a)  this Act and the delegated legislation; and

  (b)  the administrative agreement.

Form and contents

   (2)  The report shall be in a form acceptable to the Minister and shall include the following information with respect to the year to which the report relates:

    1.  For every person who was employed by the administrative authority and whose remuneration in all forms (including without limitation salary, service fees, allowances, bonuses, expenses, pensions and benefits) exceeded $100,000, details of his or her name, title and remuneration.

    2.  For every person who was retained as a consultant, advisor or other external source of services by the administrative authority and whose earnings in all forms from the administrative authority (including without limitation service fees, allowances, bonuses and expenses) exceeded $10,000, details of his or her name and earnings.

    3.  Details of the administrative authority’s operating expenses.

    4.  Details about the administrative authority’s compliance with the Freedom of Information and Protection of Privacy Act.

    5.  Details about the number and character of complaints that were received and the number and character of complaints that were resolved.

    6.  The results of an annual survey of the administrative authority’s clients and members, including direct questions about satisfaction with the administrative authority and the desire to see its existence continued.

    7.  Any other information that the Minister requires.

Tabling

   (3)  The Minister shall submit the report to the Lieutenant Governor in Council and shall,

  (a)  lay the report before the Assembly if it is in session; or

  (b)  deposit the report with the Clerk of the Assembly if the Assembly is not in session.

Disclosure by board

   (4)  The board,

  (a)  may give the report to other persons before the Minister complies with subsection (3); and

  (b)  shall publish the report on its website when the Minister has complied with subsection (3).

Administrator

   39.  (1)  Subject to section 16, the responsible Minister may, by order, appoint an individual as an administrator of a delegated administrative authority for the purposes of assuming control of it and responsibility for its activities.

Notice of appointment

   (2)  The Minister shall give the administrative authority’s board of directors the notice that he or she considers reasonable in the circumstances before appointing the administrator.

Immediate appointment

   (3)  Subsection (2) does not apply if there are not enough members on the board to form a quorum.

Notice to Assembly

   (4)  Within 10 days after the administrator is appointed, the Minister shall provide a copy of the order to the Speaker of the Assembly.

Term of appointment

   (5)  The appointment of the administrator is valid until the Minister makes an order terminating it.

Powers and duties of administrator

   (6)  Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the administrative authority.

Same

   (7)  In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them.

Right of access

   (8)  The administrator has the same rights as the board in respect of the administrative authority’s documents, records and information.

Report to responsible Minister

   (9)  The administrator shall report to the Minister as the Minister requires.

Minister’s directions

   (10)  The Minister may issue directions to the administrator with regard to any matter within the administrator’s jurisdiction, and the administrator shall carry them out.

No personal liability

   (11)  No action or other proceeding shall be instituted against the administrator for an act done in good faith in the execution or intended execution of a duty or power under this Act, the regulations made under this Act, the delegated legislation, a Minister’s order or the appointment under subsection (1), or for an alleged neglect or default in the execution in good faith of that duty or power.

Crown liability

   (12)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (11) does not relieve the Crown of liability to which it would otherwise be subject.

Liability of delegated administrative authority

   (13)  Subsection (11) does not relieve the administrative authority of liability to which it would otherwise be subject.

Appointment of administrator, effect on board

   40.  (1)  On the appointment of an administrator under section 39, the members of the board of directors cease to hold office, unless the order provides otherwise.

Same

   (2)  During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise.

No personal liability

   (3)  No action or other proceeding shall be instituted against a member or former member of the board for anything done by the administrator or the delegated administrative authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2).

Crown liability

   (4)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (3) does not relieve the Crown of liability to which it would otherwise be subject.

Liability of delegated administrative authority

   (5)  Subsection (3) does not relieve the administrative authority of liability to which it would otherwise be subject.

Miscellaneous Provisions

Offences

Delegated administrative authority

   41.  (1)  A delegated administrative authority that knowingly contravenes this Act, the regulations made under this Act or the delegated legislation is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.

Individuals

   (2)  A director, officer, employee or agent of an administrative authority who knowingly contravenes this Act, the regulations made under this Act or the delegated legislation is guilty of an offence.

Parties to offences

   (3)  A director or officer of an administrative authority is guilty of an offence if he or she,

  (a)  knowingly causes, authorizes, permits or participates in the commission by the administrative authority of an offence mentioned in subsection (1); or

  (b)  fails to take reasonable care to prevent the administrative authority from committing an offence mentioned in subsection (1).

Penalty, individual

   (4)  A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.

Regulations

   42.  (1)  In addition to the regulations that the Lieutenant Governor in Council may make in accordance with section 4, the Lieutenant Governor in Council may make regulations,

  (a)  providing for proceedings under delegated legislation, including hearings and appeals;

  (b)  defining “event of force majeure” for the purposes of paragraph 2 of section 16;

   (c)  defining “related to the administrative authority” for the purposes of subsection 17 (3);

  (d)  with respect to a particular delegated administrative authority, specifying a day for the purposes of subsection 20 (4);

  (e)  providing for transitional matters that arise out of the replacement of the Safety and Consumer Statutes Administration Act, 1996 by this Act;

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

Costs and expenses

   (2)  Clause (1) (a) does not authorize the making of regulations allowing the delegated administrative authority to recover from the parties to the proceedings the costs and expenses that the administrative authority incurs in respect of the proceedings.

Conflict

   (3)  A regulation made under clause (1) (e) prevails over any provision of this Act or of any other Act or regulation that is specified in the regulation.

Amendments to this Act

   43.  (1)  Subsection 14 (3) of this Act is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”.

   (2)  Subsection 37 (1) of this Act is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”.

Consequential Amendments and Repeal

Cemeteries Act (Revised)

   44.  Subsection 62 (3) of the Cemeteries Act (Revised) is amended by striking out “a designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996” at the end and substituting “a delegated administrative authority within the meaning of the Delegated Administrative Authorities Act, 2012”.

Clean Water Act, 2006

   45.  Paragraph 3 of subsection 87 (2) of the Clean Water Act, 2006 is repealed and the following substituted:

    3.  A delegated administrative authority within the meaning of the Delegated Administrative Authorities Act, 2012 that is prescribed by the regulations.

Electricity Act, 1998

   46.  (1)  Subsection 113 (4) of the Electricity Act, 1998 is repealed.

   (2)  Section 113.9 of the Act is repealed and the following substituted:

Conflict

   113.9  (1)  A regulation made under clause 42 (1) (a) of the Delegated Administrative Authorities Act, 2012, requiring a review panel to review a Director’s decision before the decision may be appealed to the Divisional Court under section 113.10 of this Act, prevails over this Part to the extent of any conflict.

Application of subs. (1)

   (2)  Subsection (1) applies only if this Part is delegated legislation to be administered by a delegated administrative authority under the Delegated Administrative Authorities Act, 2012.

   (3)  Subsection 113.20 (6) of the Act is repealed and the following substituted:

Administrative penalty

   (6)  The fact that an administrative penalty has been levied against a person by a delegated administrative authority or, in the absence of such authority, by the Minister does not preclude the person from being charged with, and convicted of, an offence under this Part for the same matter.

Funeral, Burial and Cremation Services Act, 2002

   47.  (1)  Subsection 1 (1) of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding the following definition:

“delegated administrative authority” means a corporation prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 to administer specified provisions of this Act and the regulations; (“organisme d’application délégataire”)

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

Delegated administrative authority

   (5)  Despite subsection (1), if there is a delegated administrative authority, it may appoint one or more directors and one or more deputy directors under this section for the purposes of the specified provisions of this Act and the regulations.

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

Delegated administrative authority

   (4.1)  Despite subsection (1), if there is a delegated administrative authority, it may appoint one or more registrars and one or more deputy registrars under this section for the purposes of the specified provisions of this Act and the regulations.

   (4)  Section 63 of the Act is amended by adding the following subsection:

Delegated administrative authority

   (4)  Despite subsection (1), if there is a delegated administrative authority and a discipline committee or committees are required for the purposes of the specified provisions of this Act and the regulations, the administrative authority shall establish it or them in accordance with the regulations.

   (5)  Paragraph 5 of subsection 64 (2) of the Act is repealed and the following substituted:

    5.  Fix and impose costs to be paid by the licensee to,

            i.  the delegated administrative authority,

           ii.  the Minister of Finance, if there is no administrative authority, or

          iii.  such other person as may be prescribed.

   (6)  Subsections 112 (2), (3), (4) and (4.1) of the Act are repealed.

Ministry of Consumer and Business Services Act

   48.  Clause 13 (1) (c) of the Ministry of Consumer and Business Services Act is repealed and the following substituted:

   (c)  to an employee of a delegated administrative authority as defined in the Delegated Administrative Authorities Act, 2012, if the information disclosed relates to the administration of a provision of the Act that is delegated to the administrative authority.

Motor Vehicle Dealers Act, 2002

   49.  (1)  The definition of “administrative authority” in subsection 1 (1) of the Motor Vehicle Dealers Act, 2002 is repealed and the following substituted:

“administrative authority” means the administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 to administer specified provisions of this Act and the regulations; (“organisme d’application”)

   (2)  Paragraph 3 of subsection 17 (4) of the Act is repealed and the following substituted:

    3.  Despite subsection 35 (1) of the Delegated Administrative Authorities Act, 2012, impose such fine as the committee considers appropriate, to a maximum of $25,000, or such lesser amount as may be prescribed, to be paid by the registrant to the administrative authority or to the Minister of Finance if there is no delegated administrative authority.

   (3)  The English version of paragraph 5 of subsection 17 (4) of the Act is amended by striking out “designated administrative authority” and substituting “delegated administrative authority”.

   (4)  Subsections 43 (2), (3), (4) and (4.1) of the Act are repealed.

   (5)  The Act is amended by striking out “designated administrative authority” in the following provisions and substituting in each case “delegated administrative authority”:

    1.  Clause 2 (1) (b).

    2.  Clauses 3 (1) (a) and (b).

    3.  Subsections 17 (1) and (3).

    4.  Subsection 38 (2).

Ontario Labour Mobility Act, 2009

   50.  (1)  Item 31 of Table 1 to the Ontario Labour Mobility Act, 2009 is repealed and the following substituted:

 

31.

Funeral, Burial and Cremation Services Act, 2002

Registrar appointed by the deputy minister to the Minister responsible for the administration of the authorizing statute, or by the delegated administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 in relation to the authorizing statute

   (2)  Items 50, 52, 57 and 59 of Table 1 to the Act are repealed and the following substituted: 

 

50.

Electricity Act, 1998, Part VIII

Electrical Safety Authority

.     .     .     .     .

 

52.

Motor Vehicle Dealers Act, 2002

The delegated administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 in relation to the authorizing statute or, if there is no administrative authority, the Minister responsible for the administration of the authorizing statute

.     .     .     .     .

 

57.

Real Estate and Business Brokers Act, 2002

The delegated administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 in relation to the authorizing statute or, if there is no administrative authority, the Minister responsible for the administration of the authorizing statute

.     .     .     .     .

 

59.

Technical Standards and Safety Act, 2000

Technical Standards and Safety Authority

Real Estate and Business Brokers Act, 2002

   51.  (1)  The definition of “administrative authority” in subsection 1 (1) of the Real Estate and Business Brokers Act, 2002 is repealed and the following substituted:

“administrative authority” means the administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 to administer specified provisions of this Act and the regulations; (“organisme d’application”)

   (2)  Paragraph 3 of subsection 21 (4) of the Act is repealed and the following substituted:

    3.  Despite subsection 35 (1) of the Delegated Administrative Authorities Act, 2012, impose such fine as the committee considers appropriate, to a maximum of $25,000, or such lesser amount as may be prescribed, to be paid by the registrant to the administrative authority or to the Minister of Finance if there is no delegated administrative authority.

   (3)  The English version of paragraph 5 of subsection 21 (4) of the Act is amended by striking out “designated administrative authority” and substituting “delegated administrative authority”.

   (4)  Subsections 50 (2), (3), (4) and (4.1) of the Act are repealed.

   (5)  The Act is amended by striking out “designated administrative authority” in the following provisions and substituting in each case “delegated administrative authority”:

    1.  Clause 2 (1) (b).

    2.  Clause 3 (1) (b).

    3.  Subsection 21 (3).

    4.  Clauses 27 (4) (b), 27 (5) (b) and 27 (15) (b).

    5.  Subsection 46 (2).

    6.  Sub-subparagraph 7 iii A of subsection 51 (1).

Travel Industry Act, 2002

   52.  (1)  The definition of “administrative authority” in subsection 1 (1) of theTravel Industry Act, 2002 is repealed and the following substituted:

“administrative authority” means the administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 to administer specified provisions of this Act and the regulations; (“organisme d’application”)

   (2)  Paragraph 2 of subsection 18 (4) of the Act is repealed and the following substituted:

    2.  Despite subsection 35 (1) of the Delegated Administrative Authorities Act, 2012, impose such fine as the committee considers appropriate, to a maximum of $25,000, or such lesser amount as may be prescribed, to be paid by the registrant to the administrative authority or to the Minister of Finance if there is no delegated administrative authority.

   (3)  The English version of paragraph 4 of subsection 18 (4) of the Act is amended by striking out “designated administrative authority” and substituting “delegated administrative authority”.

   (4)  Subsections 42 (2), (3), (4) and (4.1) of the Act are repealed.

   (5)  The Act is amended by striking out “designated administrative authority” in the following provisions and substituting in each case “delegated administrative authority”:

    1.  Clause 2 (1) (b).

    2.  Clause 3 (1) (b).

    3.  Subsections 18 (1) and (3).

    4.  Subsection 37 (2).

    5.  Subparagraph 29 ii of subsection 43 (1).

Repeal

   53.  The Safety and Consumer Statutes Administration Act, 1996 is repealed.

Commencement and Short Title

Commencement

   54.  (1)  Subject to subsections (2), (3) and (4), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (2)  Subsection 43 (1) comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day subsection 14 (3) of this Schedule comes into force.

Same

   (3)  Subsection 43 (2) comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day subsection 37 (1) of this Schedule comes into force.

Same

   (4)  Subsection 50 (1) comes into force on the later of the day section 3 of the Funeral Burial and Cremation Services Act, 2002 comes into force and the day subsection 50 (2) of this Schedule comes into force.

Short title

   55.  The short title of the Act set out in this Schedule is the Delegated Administrative Authorities Act, 2012.

 

schedule 12
development corporations act

   1.  Sections 1 to 4 of the Development Corporations Act are repealed and the following substituted:

Interpretation

Definitions

   1.  (1)  In this Act,

“corporation” means a corporation constituted or continued under section 5, either before or after subsection 2 (1) of Schedule 12 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force; (“société”)

“development corporation” means a corporation with the objects described in section 8. (“société de développement”)

Reference to regulations made under s. 5

   (2)  A reference in this Act to a regulation made under section 5 is to a regulation made under section 5 either before or after subsection 2 (1) of Schedule 12 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force.

   2.  (1)  Sections 5 to 27 of the Act are repealed and the following substituted:

Corporations constituted by regulation

New development corporations

   5.  (1)  The Lieutenant Governor in Council may by regulation constitute new corporations that are development corporations, or continue corporate bodies that are development corporations, with the objects, purposes, powers and duties set out in this Act and in the regulation, and may provide for the constitution and management of the corporations.

Existing corporations

   (2)  The Lieutenant Governor in Council may by regulation amend a regulation that was made under this section before subsection 2 (1) of Schedule 12 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force.

Same

   (3)  Without limiting the generality of subsection (2), the Lieutenant Governor in Council may, under that subsection, amend a regulation that constituted or continued a development corporation or a corporation that is not a development corporation, but may not amend the objects of a development corporation to such a degree that the corporation becomes a corporation that is not a development corporation.

Continuation of existing corporations

   6.  (1)  Any corporation that was constituted or continued under section 5 before the day subsection 2 (1) of Schedule 12 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force and is in existence on that day is continued, and may be dissolved or wound up,

  (a)  as provided in the regulation that constituted or continued the corporation; or

  (b)  if there is no provision as described in clause (a), by a regulation made under subsection 5 (2).

Regulations deemed validly made

   (2)  A regulation that constituted or continued a corporation under section 5, as it read before the day subsection 2 (1) of Schedule 12 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force, is deemed to have been validly made as of the date on which it was made.

Capacity, etc., of a natural person

   7.  A regulation made under section 5 may provide that a corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, subject to any limitations set out in this Act or that the Lieutenant Governor in Council considers appropriate.

Objects

   8.  (1)  The objects of a development corporation must be consistent with encouraging and assisting in the development and diversification of industry in Ontario, including, without limiting the generality of the foregoing,

  (a)  by providing financial assistance by loan, guarantee or purchase of shares or other securities;

  (b)  by providing sites, equipment, premises, facilities and services; and

   (c)  by providing technical, business and financial information, advice, training and guidance to persons or organizations, whether or not incidental to the provision of financial assistance.

Definition — “industry”

   (2)  In this section,

“industry” includes any trade or other business undertaking of any kind.

Crown agent or not Crown agent

   9.  (1)  A regulation made under section 5 may provide,

  (a)  that a corporation is or is not a Crown agent;

  (b)  that the revenues and investments of a corporation that is a Crown agent do not, despite Part I of the Financial Administration Act, form part of the Consolidated Revenue Fund;

   (c)  that the revenues of a corporation that is a Crown agent must be applied to carrying out its objects.

Payment of judgments against a corporation that is a Crown agent

   (2)  The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against a corporation that is a Crown agent that remains unpaid after the corporation has made reasonable efforts, including liquidating assets, to pay the amount of the judgment.

Non-application of certain Acts

   10.  The Business Corporations Act and the Corporations Act do not apply to a corporation, except as may be provided in the regulation made under section 5 constituting or continuing the corporation.

Employees and experts

Employees

   11.  (1)  A regulation made under section 5 may,

  (a)  give a corporation the power to employ persons that the corporation considers necessary for the proper conduct of its business; or

  (b)  provide that employees may be appointed under Part III of the Public Service of Ontario Act, 2006.

Experts

   (2)  A regulation made under section 5 may provide that a corporation may engage persons other than those employed or appointed under subsection (1) to provide professional, technical or other assistance to or on behalf of the corporation, and may prescribe the duties and other terms of engagement and provide for payment of the remuneration and expenses of such persons.

Corporations’ financial activities

   12.  (1)  A regulation made under section 5 may provide that a corporation,

  (a)  may obtain funding by borrowing money and by issuing bonds, debentures and other securities;

  (b)  may invest funds;

   (c)  may manage financial risks.

Restrictions

   (2)  A corporation that is a Crown agent shall not exercise any power described in subsection (1) unless,

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

  (b)  the by-law is approved by the Minister that is responsible for the corporation and by the Minister of Finance.

Co-ordination

   (3)  Subject to subsection (4), the Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risks of a corporation that is a Crown agent.

Direction of Minister of Finance

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

Same

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

Non-application ofLegislation Act, 2006, Part III

   (6)  Part III of the Legislation Act, 2006 does not apply to a direction issued under subsection (4).

Exception

   (7)  Subsections (2) and (3) do not apply to a corporation constituted or continued by a regulation made before subsection 2 (1) of Schedule 12 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force, in respect of a power described in subsection (1), unless the corporation is given that power by a regulation made under subsection 5 (2) after that date.

Debentures lawful investments for municipal, school and trust funds

   13.  A regulation made under section 5 may provide that, despite anything in any other Act, debentures issued by a corporation are at all times a lawful investment for municipal, school and trust funds.

Sale of corporations’ securities to Ontario and provincial advances to corporations authorized

   14.  (1)  The Lieutenant Governor in Council may authorize the Minister of Finance,

  (a)  to purchase shares of a corporation that is a share capital corporation from time to time for an amount equal to their fair market value;

  (b)  to purchase any debentures, bills or notes of a corporation; and

   (c)  to make advances to a corporation in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council considers expedient.

Same

   (2)  The money required for the purposes of subsection (1) shall be a charge on and payable out of the Consolidated Revenue Fund.

Redemption of shares

   15.  A corporation that is a share capital corporation may, with the approval of the Lieutenant Governor in Council, redeem its own shares from time to time.

Guarantee of payment by Ontario

   16.  (1)  The Lieutenant Governor in Council may authorize the Minister of Finance to guarantee payment by the Province of Ontario of any debentures, bills or notes issued by or of any temporary loan made to a corporation under the authority of this Act.

Form of guaranty

   (2)  The form of guaranty and the manner of execution shall be determined by the Lieutenant Governor in Council.

Validity of guaranty

   (3)  Every guaranty given or purporting to be given under the authority of this section is binding upon the Province of Ontario and is not open to question upon any ground whatsoever.

Guaranteed debentures, etc., to be indefeasible

   (4)  Any debenture, bill or note issued by or temporary loan made to a corporation, payment whereof is guaranteed by Ontario under this section, is valid and binding upon the corporation and its successors and assigns according to its terms, and the validity of any debenture, bill or note or temporary loan so guaranteed is not open to question upon any ground whatsoever.

Guarantees made under Financial Administration Act

   (5)  Order in Council number 1236/2011, made on June 1, 2011 by the Lieutenant Governor in Council under the Financial Administration Act, and any guarantee signed by the Minister of Finance on behalf of Ontario under the authority of that Order in Council are not affected by the enactment of this section and continue in full force and effect.

Grants, transfer payments

   17.  The Crown may provide grants or other transfer payments to a corporation out of money appropriated for such purposes by the Legislature.

Limitation of personal liability

   18.  (1)  A regulation made under section 5 may provide that no member, officer or employee of a corporation, or other person acting on behalf of the corporation, is personally liable for anything done or omitted in good faith in the exercise or purported exercise of the powers or duties conferred by this Act or by the regulation.

Corporation’s liability

   (2)  A regulation with a provision described in subsection (1) does not relieve the corporation of any liability to which it would otherwise be subject with respect to a cause of action arising from any act or omission mentioned in subsection (1).

Immunity of the Crown

   (3)  No action or other civil proceeding shall be commenced against the Crown for any act or omission by a person referred to in subsection (1) or for any act or omission of the corporation.

Exception

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

Dissolution of statutory corporations

   19.  (1)  The Ontario Development Corporation, the Northern Ontario Development Corporation and the Eastern Ontario Development Corporation are dissolved and all of their assets and liabilities are hereby transferred to and vested in the Crown in right of Ontario.

Continued limitation of personal liability

   (2)  No former member, officer or employee of the Ontario Development Corporation, the Northern Ontario Development Corporation or the Eastern Ontario Development Corporation, or other person who acted on behalf of those corporations, is personally liable for anything done or omitted in good faith in the exercise or purported exercise of the powers conferred by this Act, as it read when the thing was done or omitted.

Crown liability

   (3)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (2) does not relieve the Crown of any liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject.

   (2)  Section 10 of the Act, as re-enacted by subsection (1), is amended by striking out “the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”.

Revocation of regulation

   3.  Ontario Regulation 77/91 (Approval of Loans and Guarantees) made under the Act is revoked.

Commencement

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

Same

   (2)  Subsection 2 (2) comes into force on the first day that subsection 2 (1) of this Schedule and subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 are both in force.

 

schedule 13
employer health tax act

   1.  Clause (e) of the definition of “eligible employer” in subsection 1 (1) of the Employer Health Tax Act is amended by striking out “for the purposes of section 2 or 2.1” at the end and substituting “for the purposes of section 2”.

   2.  Subsection 7 (7) of the Actis amended by striking out “Despite subsections (2) and (2.2)” at the beginning and substituting “Despite subsection (2)”.

   3.  Subsection 9 (7) of the Act is amended by striking out “the time required under section 8 or 8.1” at the end and substituting “the time required under section 8”.

   4.  Subsection 30 (1) of the Act is amended by striking out “the amount determined under subsection 7 (1) or (2.1)” and substituting “the amount determined under subsection 7 (1).

Commencement

   5.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

schedule 14
financial administration act

   1.  Subsection 1.0.10 (1) of the Financial Administration Act is amended by adding the following clause:

(c.3) respecting the accounting policies and practices to be followed with respect to the preparation of the consolidated financial statements of the Province;

   2.  Subsection 1.0.19 (2) of the Act is repealed and the following substituted:

Definitions

   (2)  For the purposes of this section,

“agency of the Government of Ontario” means a public body designated in regulations made under the Public Service of Ontario Act, 2006; (“organisme du gouvernement de l’Ontario”)

“broader public sector” means every authority, board, commission, committee, corporation, council, foundation or organization that received public funds in the Government of Ontario’s previous fiscal year, but does not include,

  (a)  the Office of the Lieutenant Governor,

  (b)  the Office of the Assembly or the office of an officer of the Assembly,

   (c)  a ministry,

  (d)  an agency of the Government of Ontario, or

  (e)  any prescribed entity; (“secteur parapublic”)

“public funds” means the public money of the Province of Ontario that is provided by the Government of Ontario or an agency of the Government of Ontario, directly to any authority, board, commission, committee, corporation, council, foundation or organization through a grant or transfer payment or other funding arrangement, and, in the case of a school board, includes money received by the school board from taxes levied under the Education Act for school purposes, but public funds does not include,

  (a)  money that is paid for the provision of goods or services to the Government of Ontario or an agency of the Government of Ontario,

  (b)  money that is paid by the Government of Ontario or an agency of the Government of Ontario under a fee for service arrangement, or

   (c)  money that is provided by the Government of Ontario or an agency of the Government of Ontario, by way of a loan or loan guarantee. (“fonds publics”)

   3.  Clause 2 (1.1) (a) of the Act is amended by striking out “that is constituted” at the beginning and substituting “that is constituted or continued”.

   4.  Section 3 of the Act is amended by adding the following subsections:

Agreements

   (4.1)  The Minister of Finance may enter into agreements or arrangements with custodians, brokers, clearing organizations, trading facilities, trade repositories, financial institutions and any other entities the Minister of Finance determines necessary and advisable in connection with the purchase, acquisition, holding, entering into, performance, sale or disposition of anything mentioned in subsection (1).

.     .     .     .     .

Same, agreements or arrangements

   (6)  Fees, commissions or expenses incurred by the Minister of Finance in respect of any agreements or arrangements entered into under subsection (4.1) are a charge upon and payable out of the Consolidated Revenue Fund.

   5.  (1)  Subsection 10.1 (1) of the Act is repealed and the following substituted:

Collection, etc., of information

   (1)  This section applies to institutions to which the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act applies and it applies with respect to information to which those Acts apply but not personal information relating to an individual’s medical, psychiatric or psychological history.

   (2)  Subsection 10.1 (4) of the Act is amended by adding the following paragraph:

  2.1  To provide collection services pursuant to an agreement under section 11.1 of the Ministry of Revenue Act.

   (3)  Subsection 10.1 (5) of the Act is amended by adding “and the Municipal Freedom of Information and Protection of Privacy Act” after “the Freedom of Information and Protection of Privacy Act”.

   (4)  Subsection 10.1 (6) of the Act is amended by adding “and the Municipal Freedom of Information and Protection of Privacy Act” after “the Freedom of Information and Protection of Privacy Act”.

   (5)  Subsection 10.1 (7) of the Act is repealed and the following substituted:

Notice re collection

   (7)  Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply with respect to the collection of personal information authorized under subsection (2).

   (6)  Subsection 10.1 (10) of the Act is repealed and the following substituted:

Exception, third party information

   (10)  Despite subsection (9), this section does not prevail over subsection 17 (1) of the Freedom of Information and Protection of Privacy Act or subsection 10 (1) of the Municipal Freedom of Information and Protection of Privacy Act.

   6.  Subsection 38 (1) of the Act is amended by adding the following clause:

(a.3) prescribing entities that are excluded from the definition of  “broader public sector” in subsection 1.0.19 (2);

Commencement

   7.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

Same

   (2)  Section 1 is deemed to have come into force on April 1, 2011.

 

schedule 15
financial services commission of ontario act, 1997

   1.  Clause 16 (h) of the Financial Services Commission of Ontario Act, 1997 is amended by striking out “the Mortgage Brokerages, Lenders and Administrators Act, 2006” and substituting “any Act that confers powers on or assigns duties to the Superintendent”.

Commencement

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

 

schedule 16
fish and wildlife conservation act, 1997

   1.  Section 6 of the Fish and Wildlife Conservation Act, 1997 is amended by adding the following subsection:

Exception

   (4)  Despite subsection (1), a person may hunt or trap wildlife referred to in subsection (1) without a licence in the circumstances prescribed by the regulations.

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

Same

   (3)  Subsection (1) does not apply to a person who destroys, takes or possesses the nest or eggs of a bird described in that subsection,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

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

Person with impaired mobility

   (3)  Despite clause (1) (a), a person whose mobility is impaired in the manner prescribed by the regulations may have a loaded firearm in or on a vehicle or a motorboat, or discharge it from a vehicle or a motorboat that is not in motion, in an area described in subsection (1), if the person does so,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

   4.  (1)  Subsection 25 (1) of the Act is amended by adding “and in accordance with the regulations” at the end.

   (2)  Section 25 of the Act is amended by adding the following subsection:

Exception

   (2.1)  Despite subsections (1) and (2), a person may use or be accompanied by a dog while hunting big game without a licence issued in respect of the dog if he or she does so in the circumstances prescribed by the regulations.

   5.  Subsections 40 (2), (3) and (4) of the Act are repealed and the following substituted:

Exceptions

   (2)  Despite subsection (1), the following persons may keep live game wildlife or live specially protected wildlife in captivity without a licence:

    1.  A person who keeps game amphibians or game reptiles in captivity for the purpose of personal consumption.

    2.  A person who keeps in captivity for the purposes of personal education a single game reptile, game amphibian, specially protected mammal, specially protected reptile, specially protected amphibian or specially protected invertebrate, unless it belongs to a species that is listed on,

            i.  the Species at Risk in Ontario List under the Endangered Species Act, 2007, or

           ii.  the List of Wildlife Species at Risk under the Species at Risk Act (Canada).

    3.  A wildlife custodian who, in accordance with section 44, keeps injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them.

    4.  A person who does so in accordance with the authorization of the Minister.

    5.  A person who does so in the circumstances prescribed by the regulations.

Hunting wildlife to keep in captivity

   (3)  A person shall not hunt or trap game wildlife or specially protected wildlife for the purpose of keeping it in captivity unless the person does so,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

   6.  (1)  The definition of “wildlife custodian” in subsection 44 (1) of the Act is repealed and the following substituted:

“wildlife custodian” means a person who may, under subsection (2), keep injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them.

   (2)  Subsection 44 (2) of the Act is repealed and the following substituted:

Rehabilitation and care

   (2)  A person may keep injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them only if the person does so,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

   (3)  Subsection 44 (4) of the Act is repealed and the following substituted:

Wildlife not capable of release

   (4)  A wildlife custodian may kill injured, sick or immature game wildlife or specially protected wildlife that, in the custodian’s opinion, will not be capable of being released into the wild after appropriate care only if the wildlife custodian does so,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

   7.  Subsection 45 (2) of the Act is repealed and the following substituted:

Exceptions

   (2)  Despite subsection (1), a person may, without a licence, propagate or offer to propagate game wildlife or specially protected wildlife, or possess it for the purpose of propagation, if the person does so,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

   8.  (1)  Subsection 46 (1) of the Act is repealed and the following substituted:

Release of wildlife

   (1)  A person shall not release a farmed animal and shall not release game wildlife or specially protected wildlife that is kept in captivity unless the person does so,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

   (2)  Subsection 46 (3) of the Act is amended by striking out “is released without authorization” in the portion before clause (a) and substituting “is released without authorization or in circumstances not permitted under subsection (1)”.

   9.  (1)  Subsection 52 (1) of the Act is amended by striking out “unless the person has the authorization of the Minister” at the end.

   (2)  Section 52 of the Act is amended by adding the following subsection:

Same

   (3)  Despite subsection (1), a person may list game wildlife or fish on a menu, or charge for serving it, if the person does so,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

   10.  (1)  Subsection 54 (1) of the Act is amended by striking out “Except with the authorization of the Minister” at the beginning.

   (2)  Section 54 of the Act is amended by adding the following subsection:

Exceptions

   (1.1)  Despite subsection (1), a person may release wildlife or an invertebrate that has been transported into Ontario or has been propagated from stock that was transported into Ontario if the person does so,

  (a)  in accordance with the authorization of the Minister; or

  (b)  in the circumstances prescribed by the regulations.

   (3)  Subsection 54 (3) of the Act is amended by striking out “is released without authorization” in the portion before clause (a) and substituting “is released without authorization or in circumstances not permitted under subsection (1.1)”.

   11.  Section 55 of the Act is amended by adding the following subsection:

Exceptions

   (4)  Despite subsection (1), a person may, without a licence or permit required by the regulations, transport out of Ontario game wildlife or specially protected wildlife referred to in subsection (1) if the person does so in the circumstances prescribed by the regulations.

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

Delegation of powers

   60.1  (1)  In addition to the authority given to the Minister to delegate powers to an employee of the Ministry under section 7 of the Ministry of Natural Resources Act, the Minister may delegate the following powers to a person or body prescribed by the regulations:

  (a)  the power to issue licences under section 60; and

  (b)  any power granted to the Minister under this Act to authorize an activity that would otherwise be prohibited under this Act, other than an authorization to issue licences under section 61.

Limitation on delegation

   (2)  A delegation under subsection (1) shall only be made in the circumstances prescribed by the regulations and shall be subject to the limitations prescribed by the regulations.

Conditions

   (3)  If the Minister delegates the power to issue licences or to authorize an activity to a person or body under subsection (1), the Minister may also delegate to that person or body the power given to the Minister to impose conditions on the licences or authorizations under subsection 62 (2) or (3).

Fees

   (4)  If the power to issue licences or authorize activities is delegated under subsection (1), any fees established by the Minister under clause 83 (1) (a) and chargeable in relation to any licences or authorizations that the delegate issues or gives shall be charged and collected by the delegate on behalf of the Crown.

Fees held in trust

   (5)  Fees collected by a delegate under subsection (4) shall be deemed to be held in trust for the Crown.

Payment of fees

   (6)  A person shall pay any fees charged by a delegate under subsection (4).

Other delegated powers

   (7)  If the Minister delegates the power to issue licences or authorize activities under subsection (1), the powers of the Minister set out in the following provisions shall be exercised by the delegate with respect to any licences issued by the delegate or any authorizations given by the delegate, and any reference to the Minister in the following provisions shall be read as referring to the delegate:

    1.  Subsection 70 (2).

    2.  Section 71.

    3.  Subsections 72 (1), 76 (1) and 78 (1).

Crown not liable for delegate’s acts

   (8)  No action or other proceeding shall be instituted against the Crown, the Minister, or any official or employee of the Ministry for any act or omission of a delegate or employee or agent of the delegate.

Performance agreement

   (9)  If the Minister delegates powers under subsection (1), the Minister and the delegate shall enter into a performance agreement setting out measurable performance goals and objectives for the delegate.

Annual performance assessment

   (10)  Every year, the delegate shall prepare a performance assessment demonstrating that the performance goals and objectives set out in the performance agreement are being met.

Failure to meet performance goals, etc.

   (11)  If the Minister believes that a delegate has failed to meet the performance goals and objectives set out in the performance agreement, the Minister shall give the delegate written notice of his or her belief and require that the delegate fulfil the requirements of the performance agreement within such time period as may be specified in the notice.

Failure to comply

   (12)  If a delegate fails to comply with a notice given under subsection (11), the Minister may terminate the performance agreement and revoke the delegation made under subsection (1).

   13.  Section 61 of the Act is amended by adding the following subsection:

Limitation

   (2.1)  For greater certainty, an authorization to issue licences given to a person under this section shall not authorize the person to impose any conditions on a licence other than those authorized or required by the Minister.

   14.  (1)  Section 112 of the Act is amended by adding the following paragraphs:

  4.1  prescribing the circumstances in which a person may hunt or trap wildlife without a licence under subsection 6 (4);

.     .     .     .     .

  6.1  prescribing the circumstances in which a person may destroy, take or possess nests or eggs of birds under clause 7 (3) (b);

   (2)  Paragraph 13 of section 112 of the Act is repealed and the following substituted:

  13.  prescribing the manner in which a person’s mobility must be impaired for the purposes of subsection 17 (3) and prescribing the circumstances in which a person whose mobility is impaired may possess a loaded firearm in or on a conveyance and discharge a firearm from a conveyance under clause 17 (3) (b);

   (3)  Section 112 of the Act is amended by adding the following paragraph:

16.1 governing the presence of, or use of, a dog while hunting, including prescribing the circumstances in which a person may use or be accompanied by a dog while hunting big game without a licence for the purposes of subsection 25 (2.1);

   (4)  Paragraph 28 of section 112 of the Act is amended by adding “including prescribing the circumstances in which a person may keep live game wildlife or live specially protected wildlife in captivity without a licence for the purposes of paragraph 5 of subsection 40 (2) and prescribing the circumstances in which a person may hunt or trap such wildlife under clause 40 (3) (b)” at the end.

   (5)  Section 112 of the Act is amended by adding the following paragraphs:

32.1 prescribing the circumstances in which a person may keep injured, sick or immature game wildlife or specially protected wildlife for the purpose of rehabilitating or caring for them under clause 44 (2) (b);

32.2 prescribing the circumstances in which injured, sick or immature game wildlife or specially protected wildlife may be killed by a wildlife custodian if they are not capable of being released into the wild following care under clause 44 (4) (b);

32.3 prescribing the circumstances in which a person may release farmed animals, game wildlife or specially protected wildlife under clause 46 (1) (b);

   (6)  Paragraph 34 of section 112 of the Act is amended by adding “including prescribing the circumstances in which a person may propagate or offer to propagate game wildlife or specially protected wildlife, or possess it for the purpose of propagation, under clause 45 (2) (b)” at the end.

   (7)  Section 112 of the Act is amended by adding the following paragraphs:

39.1 prescribing the circumstances in which a person may list game wildlife or fish on a menu, or charge for serving it, under clause 52 (3) (b);

.     .     .     .     .

40.1 prescribing the circumstances in which a person may, under clause 54 (1.1) (b), release wildlife or an invertebrate that has been transported into Ontario or has been propagated from stock that was transported into Ontario;

.     .     .     .     .

41.1 prescribing the circumstances in which a person may, without a licence or permit required by the regulations, transport out of Ontario game wildlife or specially protected wildlife under subsection 55 (4);

.     .     .     .     .

42.1 governing delegations made under section 60.1, including prescribing persons or bodies to whom powers may be delegated, prescribing the circumstances in which powers may be delegated, prescribing the limitations that apply to the delegations and regulating the collection of fees in relation to the exercise of powers delegated under section 60.1;

   (8)  Paragraph 54 of section 112 of the Act is repealed and the following substituted:

  54.  prescribing exemptions from subsection 6 (1), 7 (1), 9 (1) or (2) or 10 (7), clauses 11 (1) (a) to (d) or clause 17 (1) (a), or subsection 20 (1), 24 (2) or (3), 25 (1), 29 (1), 30 (1), 32 (2), 33 (1), 34 (1), 36 (3) or (5), 37 (1), 40 (1) or (3), 41 (1), 45 (1), 46 (1), 47 (1), 48 (1), 51 (1), 52 (1), 54 (1), 55 (1), 57 (1), 63 (1) or 64 (1), subject to such conditions as are prescribed by the regulations;

Commencement

   15.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

Schedule 17
fuel tax act

   1.  Subsection 3.6.1 (4) of the Fuel Tax Act is repealed.

   2.  Section 17 of the Act is amended by adding the following subsections:

Garnishment, loans and advances

   (3.0.1)  If the Minister has knowledge or suspects that within 365 days,

  (a)  a bank, credit union, trust corporation or other similar person (in this section referred to as the “institution”) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by a person who is liable to make a payment or remittance under this Act, who is indebted to the institution and who has granted security in respect of the indebtedness; or

  (b)  a person other than an institution will loan or advance money to or make a payment on behalf of a person who is liable to make a payment or remittance under this Act and who the Minister knows or suspects,

           (i)  is employed by or engaged in providing services or property to that person or who was or will within 365 days be so employed or engaged, or

          (ii)  is not dealing at arm’s length with that person,

the Minister may, by registered letter, or by letter served personally, require the institution or person, as the case may be, to pay forthwith to the Minister on account of the liability of the person liable to make a payment or remittance under this Act all or part of the money that would otherwise have been loaned, advanced or paid, and any money paid to the Minister shall be deemed to have been loaned, advanced or paid, as the case may be, to the person liable to make a payment or remittance under this Act.

.     .     .     .     .

Same

   (5.1)  Every institution or person who fails to comply with a requirement under subsection (3.0.1) with respect to money to be loaned, advanced or paid is liable to pay the Crown in right of Ontario an amount equal to the lesser of,

  (a)  the aggregate of money so loaned, advanced or paid; or

  (b)  the amount that the institution or person was required under subsection (3.0.1) to pay to the Minister.

Commencement

   3.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

schedule 18
funeral, burial and cremation services act, 2002

   1.  (1)  Section 108 of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding the following subsection:

Exception, fees established by Board of Funeral Services

   (3)  If a memorandum of understanding made by the Minister and the Board of Funeral Services under section 3.1 of the Funeral Directors and Establishments Act is in effect, subsections (1), (1.1) and (2) do not apply with respect to the categories of fees specified in the memorandum.

   (2)  Subsection 108 (3) of the Act, as enacted by subsection (1), is amended by striking out “Funeral Directors and Establishments Act” and substituting “Board of Funeral Services Act”.

Commencement

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

Same

   (2)  Subsection 1 (2) comes into force on the later of the day section 138 of the Funeral, Burial and Cremation Services Act, 2002 comes into force and the day subsection 1 (1) of this Schedule comes into force.

 

SCHEDULE 19
funeral directors and establishments Act

   1.  The Funeral Directors and Establishments Act is amended by adding the following section:

Memorandum of understanding

   3.1  (1)  The Minister and the Board may enter into a memorandum of understanding authorizing the Board to establish fees that are payable to the Board under this Act or the Funeral, Burial and Cremation Services Act, 2002 in respect of the issuing or renewal of licences, late filings and related administrative matters.

Classes of licences

   (2)  The memorandum of understanding shall specify the classes of licences to which it relates.

Procedure and criteria

   (3)  The memorandum of understanding shall set out a procedure and criteria for establishing fees and the Board shall follow the procedure and criteria.

Publication of fee schedule

   (4)  The Board shall publish the fees on the Board’s website and may publish them in any other format the Board considers advisable.

Not public money

   (5)  Money that the Board collects under this section is not public money within the meaning of the Financial Administration Act and the Board may use it to carry out activities in accordance with its objects or any other purpose reasonably related to those objects.

Commencement

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

 

schedule 20
gasoline tax act

   1.  Subsection 18 (4) of the Gasoline Tax Act is repealed.

   2.  Section 20 of the Act is amended by adding the following subsections:

Garnishment, loans and advances

   (2.0.1)  If the Minister has knowledge or suspects that within 365 days,

  (a)  a bank, credit union, trust corporation or other similar person (in this section referred to as the “institution”) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by a person who is liable to make a payment or remittance under this Act, who is indebted to the institution and who has granted security in respect of the indebtedness; or

  (b)  a person other than an institution will loan or advance money to or make a payment on behalf of a person who is liable to make a payment or remittance under this Act and who the Minister knows or suspects,

           (i)  is employed by or engaged in providing services or property to that person or who was or will within 365 days be so employed or engaged, or

          (ii)  is not dealing at arm’s length with that person,

the Minister may, by registered letter, or by letter served personally, require the institution or person, as the case may be, to pay forthwith to the Minister on account of the liability of the person liable to make a payment or remittance under this Act all or part of the money that would otherwise have been loaned, advanced or paid, and any money paid to the Minister shall be deemed to have been loaned, advanced or paid, as the case may be, to the person liable to make a payment or remittance under this Act.

.     .     .     .     .

Same

   (3.1)  Every institution or person who fails to comply with a requirement under subsection (2.0.1) with respect to money to be loaned, advanced or paid is liable to pay the Crown in right of Ontario an amount equal to the lesser of,

  (a)  the aggregate of money so loaned, advanced or paid; or

  (b)  the amount that the institution or person was required under subsection (2.0.1) to pay to the Minister.

Commencement

   3.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

Schedule 21
government services and service providers act (ServiceOntario), 2012

CONTENTS

PART I
INTERPRETATION

  1.

Definitions

PART II
PROVISION OF
SERVICEONTARIO SERVICES

  2.

  3.

  4.

  5.

  6.

  7.

  8.

Service agreements re ServiceOntario services

Authority to provide ServiceOntario services

Authentication of identity

Service standards and compensation

Authority to collect fees

Waiver of certain fees

Whistle-blowing protection

PART III
PROVISION OF OTHER SERVICES

  9.

10.

11.

12.

Services of the Office of the Assembly, etc.

Services of other Canadian governments, etc.

Broader public sector services

Services of designated administrative authorities and others

PART IV
PERSONAL INFORMATION

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

Customer service information

Collection, use and disclosure of personal information

Retention for ongoing authentication

Access to databases

Authorized disclosure of personal information

Individual’s access to personal information

Request for correction of personal information

Appeal to Information and Privacy Commissioner

Information and Privacy Commissioner’s review of practices

Information and Privacy Commissioner’s comments on proposed regulations, etc.

PART V
SERVICE PROVIDERS ESTABLISHED BY THE CROWN

23.

24.

25.

26.

Service providers

Re corporations without share capital

Re corporations with share capital

Restrictions on financial powers of certain Part V service providers

PART VI
SERVICEONTARIO SERVICES AND OTHER LEGISLATION

27.

28.

29.

Authority of the Minister re other legislation

Authority of Part V corporation without share capital re other legislation

Public notice of certain changes

PART VII
GENERAL

30.

31.

32.

33.

34.

35.

Arrangements for holding securities, etc.

Transfer of property to Part V service providers

Immunity of the Crown

Payment re judgments against Crown agents

Conflict

Regulations

PART VIII
AMENDMENTS, COMMENCEMENT AND SHORT TITLE

36.

37.

38.

39.

Amendments to this Act

Ministry of Government Services Act

Commencement

Short title

______________

part i
INTERPRETATION

Definitions

   1.  (1)  In this Act,

“broader public sector services” means the services referred to in section 11; (“services parapublics”)

“Crown” means the Crown in right of Ontario; (“Couronne”)

“Crown agent” means an agent of the Crown in right of Ontario; (“mandataire de la Couronne”)

“Minister” means the minister responsible for the administration of this Act; (“ministre”)

“Part V corporation without share capital” means a corporation without share capital that is established or authorized under subsection 23 (1); (“personne morale sans capital-actionsde la partie V”)

“Part V service provider” means a corporation established or authorized under subsection 23 (1), a partnership entered into under subsection 23 (2) or a trust or other entity established or acquired under subsection 23 (3), but does not include a corporation, partnership, trust or other entity with respect to which a regulation under subsection (3) applies; (“fournisseur de services de la partie V”)

“service agreement” means an agreement authorized by section 2; (“accord de services”)

“ServiceOntario services” means the services referred to in subsections 3 (1) and (2). (“services de ServiceOntario”)

Personal information

   (2)  Expressions used in this Act relating to personal information have the same meaning as in the Freedom of Information and Protection of Privacy Act.

Change re Part V service providers

   (3)  A regulation may provide that a corporation, partnership, trust or other entity ceases to be a Part V service provider, within the meaning of this Act, in specified circumstances, and the regulation may provide that particular conditions and restrictions imposed under this Act cease to apply to it in specified circumstances.

PART II
PROVISION OF ServiceOntario services

Service agreements re ServiceOntario services

   2.  (1)  The Lieutenant Governor in Council may, by order, authorize the Minister (on behalf of the Crown) to enter into one or more agreements with any person or entity for the provision of ServiceOntario services under this Act, and may impose conditions and restrictions on that authority.

Same

   (2)  The Lieutenant Governor in Council may, by order, authorize a Part V corporation without share capital to enter into one or more agreements with any person or entity for the provision of ServiceOntario services under this Act, and may impose conditions and restrictions on that authority.

Same

   (3)  The Minister or the Part V corporation, as the case may be, may determine the terms and conditions of an agreement, subject to the conditions and restrictions imposed by the Lieutenant Governor in Council.

Status as Crown agent

   (4)  A person or entity with whom the Minister or the Part V corporation enters into an agreement is not a Crown agent for any purpose unless a regulation specifies otherwise.

Same

   (5)  A regulation specifying that a person or entity is a Crown agent for any purpose may authorize the person or entity to declare, in writing, in specified circumstances that it is not acting as a Crown agent.

Other agreements

   (6)  Although this section provides for agreements with respect to the provision of ServiceOntario services, this section does not prevent the Crown from otherwise entering into agreements with respect to the provision of services, whether or not those services are ServiceOntario services for the purposes of this Act.

Authority to provide ServiceOntario services

Part V corporation without share capital

   3.  (1)  A Part V corporation without share capital may be required or authorized, by regulation, to provide the services described in the regulation on behalf of one or more of the following persons or entities:  the Crown, the government, a ministry, a government official, a Crown agency or any other board, commission, authority or unincorporated body of the Crown.

Other persons or entities

   (2)  Any other person or entity may be authorized, by regulation, to provide the services described in the regulation on behalf of one or more of the following persons or entities:  the Crown, the government, a ministry, a government official, a Crown agency or any other board, commission, authority or unincorporated body of the Crown.

General services to the public

   (3)  Regulations under subsections (1) and (2) may relate to the following types of general services to the public:

    1.  Providing information and responding to queries about programs and services provided by the Ontario government.

    2.  Receiving applications, payments and deliveries for programs and services provided by the Ontario government, and forwarding them to the appropriate department.

Services re Ontario government programs

   (4)  Regulations under subsections (1) and (2) may relate to the following types of services provided under a statute or in connection with an Ontario government program:

    1.  Processing applications, registrations, filings and payments.

    2.  Issuing licences and other forms of permission.

    3.  Providing documents and information.

    4.  Undertaking administrative activities related to these services.

Restrictions

   (5)  A regulation may impose conditions and restrictions relating to the services or the provision of the services.

Same

   (6)  A regulation respecting the authority of a particular person or entity is inoperative unless there is a service agreement between the Minister and the person or entity, or a service agreement between a Part V corporation without share capital and the person or entity.

Same

   (7)  The services must be provided in accordance with the service agreement and in accordance with the conditions and restrictions imposed by regulation.

Interpretation

   (8)  Subsections (1), (2) and (5) do not affect, and are not affected by, a provision of another Act or regulation that permits or restricts the delegation of a power, duty or function under that Act or regulation to a public servant or to any other person.

Authentication of identity

   4.  A person or entity providing ServiceOntario services under this Act may be authorized, by regulation, to determine the information and documents that individuals and businesses must provide in order to establish and authenticate their identity for the purpose of obtaining a ServiceOntario service.

Service standards and compensation

   5.  (1)  The Minister may establish standards for the provision of ServiceOntario services under this Act.

Compensation

   (2)  A service standard established by the Minister may specify circumstances in which compensation is available from the Minister, from the person or entity providing the service or from both of them if the standard is not met, and it may specify the procedures for requesting compensation.

Payment by Minister

   (3)  If compensation is available from the Minister under a service standard, the Minister is authorized to pay compensation in an amount that, together with compensation available from the person or entity providing the service, does not exceed the amount of the fee, if any, payable for the service.

Appropriation

   (4)  The money required for the purposes of subsection (3) shall be paid out of money appropriated therefor by the Legislature.

Authority to collect fees

   6.  (1)  The Lieutenant Governor in Council may, by regulation, authorize a person or entity providing ServiceOntario services under this Act to collect fees for the provision of those services that are charged by and payable to the person or entity on whose behalf the services are provided.

Duty to pay

   (2)  The person or entity shall pay the fees to the person or entity on whose behalf the services are provided.

Authority to retain

   (3)  Despite subsection (2), the Lieutenant Governor in Council may, by regulation, authorize the person or entity to retain all or part of the fees as compensation for providing the services, despite Part I of the Financial Administration Act or any other Act.

Restriction on other fees

   (4)  The person or entity is not permitted to charge any fees for its own account for the provision of the services, except as may be authorized by regulation.

Same

   (5)  A regulation authorizing a person or entity to charge fees for its own account may impose conditions and restrictions, and may provide that the Minister is permitted to authorize such fees on terms and conditions that the Minister consider appropriate.

Waiver of certain fees

   7.  (1)  A person or entity providing ServiceOntario services under this Act may waive or refund all or part of any fee charged by it for its own account for a particular service.

Same

   (2)  A person or entity providing ServiceOntario services under this Act is not permitted to waive or refund all or part of any fee for such a service that is payable to the person or entity on whose behalf the service is provided.  However, the person or entity may pay all or part of the fee on behalf of the person or entity to whom the service was provided.

Whistle-blowing protection

   8.  (1)  This section applies with respect to every Part V service provider, other than one to whom Part VI (Disclosing and Investigating Wrongdoing) of the Public Service of Ontario Act, 2006 applies.

Reprisal prohibited

   (2)  No Part V service provider or person acting on behalf of one shall intimidate, dismiss or otherwise penalize an officer or employee of the service provider, whether by act or omission, or threaten to do so, because the officer or employee gives information relating to the service provider to the Minister or a person designated by the Minister or testifies in a proceeding.

part iii
provision of other services

Services of the Office of the Assembly, etc.

   9.  A Part V service provider may be authorized, by regulation, to provide the services described in the regulation on behalf of the Office of the Assembly or the office of a person appointed on the address of the Assembly, if the Office or person authorizes the service provider to do so.

Services of other Canadian governments, etc.

   10.  A Part V service provider may provide services on behalf of one or more of the following persons or entities, if the person or entity authorizes the service provider to do so:

    1.  The Crown in right of Canada, the Government of Canada or any department or agency thereof.

    2.  The Crown in right of any other province in Canada, the government of any other province or territory or any ministry, department or agency thereof.

Broader public sector services

   11.  A Part V service provider may provide services on behalf of one or more of the following persons or entities, if the person or entity authorizes the service provider to do so:

    1.  A municipality in Ontario.

    2.  A local board, as defined in the Municipal Act, 2001,of a municipality in Ontario.

    3.  Any other authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of a municipality in Ontario.

    4.  A university, college of applied arts and technology or other post-secondary institution in Ontario.

    5.  A board as defined in the Education Act.

    6.  A hospital within the meaning of the Public Hospitals Act.

    7.  Such other persons or entities as may be specified by regulation.

Services of designated administrative authorities and others

   12.  A Part V service provider may be authorized, by regulation, to provide the services described in the regulation on behalf of one or more of the following persons or entities, if the person or entity authorizes the service provider to do so:

    1.  A designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996.

    2.  Such other persons and entities as may be specified by regulation.

part iv
personal information

Customer service information

   13.  (1)  A person or entity that provides ServiceOntario services or broader public sector services under this Act is authorized to collect, retain and use customer service information about an individual for any of the following purposes:

    1.  To create a customer account for the individual to enable him or her to obtain information and services under this Act from the person or entity, including services provided via the Internet.

    2.  To advise an individual about the requirements for a licence, permit, registration or other document issued by the person or entity under this Act, or about the renewal of such a document.

    3.  For any other purpose prescribed by regulation that relates to the provision of services to the public by the person or entity under this Act.

Use with consent

   (2)  With the consent of the individual, the person or entity may use the customer service information to contact the individual and give him or her information about the services that the person or entity has provided or is able to provide to him or her under this Act and for such other purposes as may be prescribed by regulation that relate to the provision of services to the public by the person or entity under this Act.

Definition

   (3)  In this section,

“customer service information” means, in relation to a ServiceOntario service or broader public sector service provided by a person or entity,

  (a)  the name and contact information of an individual to whom the service is provided and, if applicable, of any person acting on the individual’s behalf,

  (b)  information about any financial transaction involving the individual and the person or entity providing the service,

   (c)  a record confirming that the person or entity has provided the service to the individual and, if applicable, including details about the renewal period of any licence, permit, registration or other document issued to the individual by the person or entity under this Act, and

  (d)  such other personal information as may be prescribed by regulation.

Interpretation

   (4)  This section does not limit the generality of sections 14 to 17.

Collection, use and disclosure of personal information

ServiceOntario services

   14.  (1)  A person or entity is authorized to collect, use and disclose personal information for the purpose of providing ServiceOntario services under this Act, but the authority must be exercised in accordance with the applicable service agreement.

Duty to transfer

   (2)  Promptly after providing a ServiceOntario service, the person or entity shall transfer the individual’s personal information into the control of the person or entity on whose behalf the service is being provided.

Other services

   (3)  A Part V service provider is also authorized to collect, use and disclose personal information for the purpose of providing other services under this Act, but the authority must be exercised in accordance with its agreement with the person or entity on whose behalf it provides the services.

Duty to transfer

   (4)  Promptly after providing a service referred to in subsection (3), the Part V service provider shall transfer the individual’s personal information into the control of the person or entity on whose behalf the service is being provided.

Retention for ongoing authentication

   15.  (1)  A person or entity is authorized to collect and retain personal information for the purpose of providing ServiceOntario services under this Act if the information is needed to authenticate an individual’s identity on an ongoing basis, but the authority must be exercised in accordance with the applicable service agreement.

Same

   (2)  A Part V service provider is also authorized to collect and retain personal information for the purpose of providing other services under this Act if the information is needed to authenticate an individual’s identity on an ongoing basis, but the authority must be exercised in accordance with its agreement with the person or entity on whose behalf it provides the services.

Access to databases

   16.  (1)  A person or entity providing ServiceOntario services under this Act is authorized to access personal information that is in the control of a person or entity on whose behalf it provides the services if the information is necessary for the provision of the services, but the authority must be exercised in accordance with the applicable service agreement.

Same

   (2)  A Part V service provider is also authorized to access personal information that is in the control of a person or entity on whose behalf it provides other services under this Act if the information is necessary for the provision of the services, but the authority must be exercised in accordance with its agreement with the person or entity on whose behalf it provides the services.

Authorized disclosure of personal information

   17.  (1)  A person or entity is authorized to disclose personal information collected and retained in connection with the provision of ServiceOntario services or broader public sector services under this Act if the disclosure is made in any of the following circumstances:

    1.  If the individual to whom the information relates has identified the information in particular and has consented to its disclosure.

    2.  For the purpose of collecting a debt owed to the service provider by the individual to whom the information relates, if the debt is incurred in connection with a service provided to the individual under this Act.

    3.  In order to comply with a subpoena or warrant issued, or an order made, by a court, person or body with jurisdiction to compel the production of the information.

    4.  Disclosure to the Information and Privacy Commissioner.

    5.  Disclosure to a law enforcement agency in Canada to aid a law enforcement investigation.

    6.  Disclosure to the person or entity on whose behalf the particular service is provided, if the personal information was collected and retained for the purpose of providing the particular service.

    7.  In such other circumstances as may be specified by regulation.

Re other services

   (2)  A Part V service provider is also authorized to disclose personal information collected and retained in connection with the provision of other services under this Act if the disclosure is made in accordance with an agreement between the service provider and the person or entity on whose behalf it provides the services.

Individual’s access to personal information

   18.  (1)  An individual may, in writing, request access to his or her own personal information collected and retained by a person or entity that has provided ServiceOntario services or broader public sector services under this Act, and the request shall be accompanied by any applicable fee.

Disclosure

   (2)  Upon receiving the request and the fee, the person or entity shall disclose the individual’s personal information to the individual.  It must be provided in a comprehensible form and in a manner which indicates the general terms and conditions under which the personal information has been retained and used.

Exceptions

   (3)  The person or entity may refuse to disclose the individual’s personal information to the individual,

  (a)  if the disclosure would reveal information that is subject to solicitor-client privilege, litigation privilege or settlement privilege; or

  (b)  if the disclosure would reasonably be expected to interfere with the conduct of a law enforcement investigation.

Refusal

   (4)  If the person or entity refuses to disclose the individual’s personal information, the service provider shall notify the individual in writing and give him or her information about the right to appeal the refusal.

Fee for access to personal information

   (5)  The Minister may, by order, establish the fees that a person or entity is authorized to charge an individual for access to his or her personal information under this section.

Access to personal information re other services

   (6)  If an individual’s personal information was collected and retained by a Part V service provider in connection with the provision of services other than ServiceOntario services or broader public sector services, the service provider’s authority to disclose the information to the individual is governed by the agreement between the service provider and the person or entity on whose behalf the services are provided.

Request for correction of personal information

   19.  (1)  An individual may, in writing, request a correction in the personal information disclosed to him or her under subsection 18 (2) by a person or entity or requested under subsection 18 (1).

Refusal

   (2)  If the person or entity refuses the request for a correction, the person or entity shall notify the individual in writing and give him or her information about the right to appeal the refusal.

Appeal to Information and Privacy Commissioner

   20.  (1)  An individual may appeal to the Information and Privacy Commissioner a refusal by a person or entity to disclose the individual’s personal information under subsection 18 (3) or a refusal to correct his or her personal information under subsection 19 (2).

Same

   (2)  Part IV of the Freedom of Information and Protection of Privacy Act applies, with the following modifications, with respect to the appeal:

    1.  A reference in Part IV to an “institution” shall be read as if it were a reference to the person or entity that refused to disclose or correct the information, as the case may be.

    2.  A reference in Part IV to a “record” shall be read as if it were a reference to a record containing the personal information of the appellant.

    3.  Subsections 52 (4) to (7) in Part IV do not apply with respect to the appeal.  Instead, in an inquiry, the Commissioner may require to be produced to the Commissioner, and may examine, any record containing the personal information of the appellant that is in the custody or under the control of the person or entity that refused to disclose or correct the information.  The person or entity shall comply with the production requirements of the Commissioner.

    4.  A reference in section 53 in Part IV to “specified exemptions” shall be read as if it were a reference to the exceptions listed in section 18 (3) of this Act.

    5.  Subsection 56 (2) in Part IV does not apply.

    6.  After the Commissioner issues an order disposing of the appeal, the person or entity that refused to disclose or correct the information shall comply with the order.

Information and Privacy Commissioner’s review of practices

   21.  (1)  The Information and Privacy Commissioner may, from time to time, review the practices of a person or entity that has provided ServiceOntario services under this Act to check that there has been no unauthorized collection, retention, use, disclosure, access to or modification of personal information in its custody in connection with the provision of those services.

Same

   (2)  The Commissioner may, from time to time, review the practices of a Part V service provider that has provided broader public sector services under this Act to check that there has been no unauthorized collection, retention, use, disclosure, access to or modification of personal information in its custody in connection with the provision of those services.

Duty to assist

   (3)  The person or entity shall co-operate with and assist the Commissioner in the conduct of the review under subsection (1) or (2), as the case may be.

Orders

   (4)  If the Commissioner determines that a practice contravenes this Act, the Commissioner may order the person or entity to discontinue the practice and to destroy personal information collected or retained under that practice.

Same

   (5)  The Commissioner may order the person or entity to refrain from accessing, modifying or retaining personal information in connection with the provision of a ServiceOntario service or a broader public sector service if the person or entity is not authorized to do so by this Act or by an agreement made under this Act.

Information and Privacy Commissioner’s comments on proposed regulations, etc.

   22.  The Information and Privacy Commissioner may offer comment on the privacy protection implications of proposed regulations under this Act and the privacy protection implications of proposed agreements relating to the provision of ServiceOntario services and broader public sector services under this Act.

part v
service providers established by the crown

Service providers

Corporations

   23.  (1)  For purposes relating to the provision of services under this Act, the Lieutenant Governor in Council may, by regulation,

  (a)  incorporate one or more corporations without share capital;

  (b)  authorize the Minister (on behalf of the Crown) to cause one or more corporations to be incorporated under the Corporations Act;

   (c)  authorize the Minister (on behalf of the Crown) to cause one or more corporations to be incorporated under the Business Corporations Act;

  (d)  authorize the Minister (on behalf of the Crown) to acquire one or more corporations with share capital.

Partnerships

   (2)  For purposes relating to the provision of services under this Act, the Lieutenant Governor in Council may, by order, authorize the Minister (on behalf of the Crown) to enter into one or more partnerships (including limited partnerships and limited liability partnerships) on such terms and conditions as the Lieutenant Governor in Council considers advisable.

Other entities

   (3)  For purposes relating to the provision of services under this Act, the Lieutenant Governor in Council may, by order, authorize the Minister (on behalf of the Crown) to establish or acquire one or more trusts or other entities on such terms and conditions as the Lieutenant Governor in Council considers advisable.

Conditions and restrictions

   (4)  A regulation may specify conditions and restrictions that apply with respect to a corporation established or authorized under subsection (1), a partnership entered into under subsection (2) or a trust or other entity established or acquired under subsection (3).

Same

   (5)  The conditions and restrictions specified by regulation prevail over those imposed by order under subsection (2) or (3), to the extent of any inconsistency.

Same, for subsidiaries

   (6)  A regulation may specify conditions and restrictions that apply with respect to a subsidiary of a corporation established or authorized under subsection (1).

Status as Crown agent

   (7)  A corporation established or authorized under subsection (1), a partnership entered into under subsection (2) and a trust or other entity established or acquired under subsection (3) is not a Crown agent for any purpose unless a regulation specifies otherwise.

Same

   (8)  A regulation specifying that a corporation, partnership, trust or other entity is a Crown agent for any purpose may authorize the corporation, partnership, trust or entity to declare, in writing, in specified circumstances that it is not acting as a Crown agent.

Winding up, etc., partnerships, trusts, other entities

   (9)  The Lieutenant Governor in Council may, by order, authorize the Minister (on behalf of the Crown) to wind up, dissolve, dispose of or otherwise deal with, in whole or in part, a partnership entered into under subsection (2) or a trust or other entity established or acquired under subsection (3), and may specify conditions and restrictions that apply in the circumstances.

Re corporations without share capital

   24.  (1)  A regulation incorporating a corporation without share capital, or authorizing the incorporation of such a corporation, may provide for any of the following matters:

    1.  The name of the corporation.

    2.  The composition of the corporation.

    3.  The composition of the board of directors and the appointment and remuneration of directors.  As an option, the regulation may authorize the Lieutenant Governor in Council to appoint directors and determine their remuneration.

    4.  The objects of the corporation.

    5.  The capacity, rights, powers and privileges of the corporation and any restrictions on them.

    6.  The appointment and remuneration of the chief executive officer.  As an option, the regulation may authorize the Lieutenant Governor in Council to make the appointment and determine the remuneration.

    7.  The corporation’s authority to employ or otherwise engage persons for the proper conduct of its activities.  The regulation may provide, instead, that employees may be appointed under Part III of the Public Service of Ontario Act, 2006.

    8.  The appointment of its auditors.

    9.  The corporation’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a subsidiary and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

  10.  The corporation’s authority to enter into, dissolve or otherwise deal with, in whole or in part, an interest in a partnership (including a limited partnership or a limited liability partnership) and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

  11.  The corporation’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a trust or any other entity and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

  12.  The winding up and dissolution of the corporation and the transfer of its assets, liabilities, rights and obligations.

  13.  Such other matters as the Lieutenant Governor in Council considers necessary or advisable.

Non-application of corporate statutes

   (2)  A regulation incorporating a corporation without share capital, or authorizing the incorporation of such a corporation, may provide for the following:

    1.  For a corporation incorporated by regulation, the regulation may provide that the Corporations Act does not apply with respect to the corporation.

    2.  For a corporation incorporated under the Corporations Act, the regulation may provide that specified provisions of that Act or of a regulation made under that Act do not apply with respect to the corporation.

    3.  For any corporation, the regulation may provide that all or part of the Corporations Information Act and other corporate statutes, and all or part of any regulations made under those statutes, do not apply with respect to a corporation.

Accountability and performance

   (3)  A regulation incorporating a corporation without share capital, or authorizing the incorporation of such a corporation, may impose requirements respecting the accountability of the corporation to the Crown, including the following:

    1.  A requirement to enter into a memorandum of understanding or a performance agreement with the Minister, to submit business plans and financial statements to the Minister in each fiscal year and to give annual reports and other reports to the Minister, as he or she may require.

    2.  Requirements respecting inspections, reviews and audits by the Minister or his or her delegate.

Policies and directives

   (4)  A regulation incorporating a corporation without share capital, or authorizing the incorporation of such a corporation, may authorize the Minister to issue policies and directives to the corporation relating to the exercise of its powers or the performance of its duties and may require the board of directors to ensure that the policies and directives are implemented promptly and efficiently.

Immunity of members, etc.

   (5)  A regulation incorporating a corporation without share capital, or authorizing the incorporation or acquisition of such a corporation, may provide that no action or other civil proceeding may be commenced against a member, director, officer, employee or agent of the corporation for any act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under this Act or the regulations, under the by-laws of the corporation or under a policy or directive issued under this Act or for any neglect or default in the exercise or performance in good faith of such a power or duty.

Re corporations with share capital

   25.  (1)  A regulation providing for the incorporation of a corporation under the Business Corporations Act or the acquisition of a corporation with share capital may provide for the contents of the articles of incorporation and by-laws, including the following:

    1.  The creation of one or more classes of special shares to be issued to the Minister to be held on behalf of the Crown, and providing for the rights, privileges, restrictions and conditions attaching to the shares.

    2.  Restrictions on the issue, transfer and ownership of voting securities of the corporation.

    3.  The composition of the board of directors and the appointment and remuneration of directors.  As an option, the regulation may authorize the Lieutenant Governor in Council to appoint directors and determine their remuneration.

    4.  A requirement to locate the head office of the corporation in Ontario.

    5.  Restrictions on the objects of the corporation and on its powers and duties.  As an option, the regulation may restrict the corporation’s power to provide services otherwise than under this Act or may specify that the corporation may provide such services subject to the conditions and restrictions set out in the regulation.

    6.  Restrictions on the corporation’s authority to amend its articles of incorporation or by-laws.

    7.  The corporation’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a subsidiary and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

    8.  The corporation’s authority to enter into, dissolve or otherwise deal with, in whole or in part, an interest in a partnership (including a limited partnership or limited liability partnership) and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

    9.  The corporation’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a trust or any other entity and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

  10.  The winding up and dissolution of the corporation and the transfer of its assets, liabilities, rights and obligations.

Non-application of Business Corporations Act

   (2)  A regulation providing for the incorporation of a corporation under the Business Corporations Act or the acquisition of such a corporation may provide that specified provisions of that Act or of a regulation made under that Act do not apply with respect to the corporation.

Accountability and performance

   (3)  A regulation providing for the incorporation of a corporation under the Business Corporations Act or the acquisition of a corporation with share capital may impose requirements respecting the accountability of the corporation to the Crown, including the following:

    1.  A requirement to enter into a memorandum of understanding or a performance agreement with the Minister, to submit business plans and financial statements to the Minister in each fiscal year and to give annual reports and other reports to the Minister, as he or she may require.

    2.  Requirements respecting inspections, reviews and audits by the Minister or his or her delegate.

Restrictions on financial powers of certain Part V service providers

   26.  (1)  If a Part V service provider is a Crown agent for any purpose, it shall not, as a Crown agent, borrow, invest funds or manage financial risks, unless it is permitted to do so by regulation and unless the activity is authorized by a by-law that has been approved in writing by the Minister and by the Minister of Finance.

Same

   (2)  Subject to subsection (3), the Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risks referred to in subsection (5) for the Part V service provider.

Direction re borrowing, etc.

   (3)  The Minister of Finance may, in writing, direct a person other than the Ontario Financing Authority to coordinate and arrange the borrowing, investing of funds and managing of financial risks referred to in subsection (2) for the Part V service provider.

Same

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

Retaining assets, etc., outside the CRF

   (5)  If a Part V service provider is a Crown agent for any purpose, it may be authorized by regulation to retain all or part of its assets and revenues outside the Consolidated Revenue Fund, despite Part I of the Financial Administration Act, and the regulation may impose conditions and restrictions that apply in the circumstances.

Use of certain revenues

   (6)  If a Part V service provider is a Crown agent for any purpose, the revenues that it receives as a Crown agent shall be used for the purposes specified by regulation, and for no other purpose.

part vi
ServiceOntario services and other legislation

Authority of the Minister re other legislation

   27.  (1)  The Minister may be required or permitted, by regulation, to do any of the following things in connection with the provision of ServiceOntario services under this Act by a person or entity:

    1.  To exercise specified powers or perform specified functions or duties under an Ontario statute, excluding the power to make a regulation or conduct a hearing, review or appeal.

    2.  To establish the form of a notice, licence, permit, registration or other document issued or provided by the person or entity providing the particular ServiceOntario service.

    3.  To set the period within which a licence, permit, registration or other document referred to in paragraph 2 can be renewed.

Legal effect of regulation

   (2)  A regulation under subsection (1) prevails over a different requirement imposed by any other Act or regulation.

Interpretation of other legislation

   (3)  A regulation requiring or permitting the Minister to exercise a power or perform a function or duty under an Ontario statute may also provide that the relevant provision of that statute or of a regulation made under it shall be read as if it referred to the Minister.

Delegation by Minister

   (4)  A regulation may authorize the Minister to delegate any of his or her powers, functions or duties described in paragraph 1 of subsection (1), subject to such conditions and restrictions as may be specified by regulation and such conditions and restrictions as may be specified by the Minister.

Same

   (5)  A regulation may authorize the Minister to delegate any of his or her powers described in paragraph 2 or 3 of subsection (1) to a Part V corporation without share capital, subject to such conditions and restrictions as may be specified by regulation and such conditions and restrictions as may be specified by the Minister.

Authority of Part V corporation without share capital re other legislation

   28.  (1)  A Part V corporation without share capital may be authorized, by regulation, to do any of the things described in paragraph 1, 2 or 3 of subsection 27 (1) in connection with the provision of ServiceOntario services under this Act by the corporation.

Legal effect of regulation

   (2)  A regulation under subsection (1) prevails over a different requirement imposed by any other Act or regulation.

Interpretation of other legislation

   (3)  A regulation authorizing a Part V corporation without share capital to exercise a power or perform a function or duty under an Ontario statute may also provide that the relevant provision of that statute or of a regulation made under it shall be read as if it referred to the Part V corporation.

Delegation by corporation

   (4)  If the Part V corporation without share capital has the authority to enter into an agreement with another person or entity for the provision of ServiceOntario services as its agent, the Part V corporation may be authorized, by regulation, to delegate any of the powers, functions or duties referred to in paragraph 1 of subsection 27 (1) to that person or entity, subject to such conditions and restrictions as may be imposed by regulation.

Public notice of certain changes

Change of a form

   29.  (1)  If the Minister or a Part V corporation without share capital establishes the form of a notice, licence, permit, registration or other document and if it differs from the form that would otherwise apply under another statute or regulation, the Minister or the Part V corporation, as the case may be, shall ensure that reasonable notice of the change is given to the public.

Change of renewal period

   (2)  If the Minister or a Part V corporation without share capital sets the period within which a licence, permit, registration or other document can be renewed, and if it differs from the period that would otherwise apply under another statute or regulation, the Minister or the Part V corporation, as the case may be, shall ensure that reasonable notice of the change is given to the public.

Status under Legislation Act, 2006

   (3)  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to a decision of the Minister or of a Part V corporation without share capital,

  (a)  to establish the form of a notice, licence, permit, registration or other document that differs from the form that would otherwise apply under another statute or regulation;

  (b)  to set the period within which a licence, permit, registration or other document can be renewed that differs from the period that would otherwise apply under another statute or regulation.

part vIi
general

Arrangements for holding securities, etc.

   30.  (1)  The Lieutenant Governor in Council, by order, may authorize the Minister (on behalf of the Crown) to do any of the following:

    1.  To acquire, hold, dispose of and otherwise deal with the securities, assets, liabilities, rights, obligations, revenues and income of a corporation established or acquired under Part V.

    2.  To acquire, hold, dispose of and otherwise deal with an interest in a Part V service provider other than a corporation and to acquire, hold, dispose of and otherwise deal with the assets, liabilities, rights, obligations, revenues and income of such a service provider.

    3.  To cause a corporation to be established or acquired for a purpose described in paragraph 1 or 2.

    4.  To enter into a partnership (including a limited partnership or a limited liability partnership) for a purpose described in paragraph 1 or 2.

    5.  To cause a trust or other entity to be established or acquired, or any other arrangement to be made, for a purpose described in paragraph 1 or 2.

    6.  To enter into any agreement or arrangement that the Minister considers necessary or advisable for the purpose of exercising the powers described in paragraphs 1 to 5.

Same

   (2)  The authorization under subsection (1) may be made subject to such conditions and restrictions as the Lieutenant Governor in Council considers appropriate.

Status as Crown agent

   (3)  A corporation, partnership, trust or other entity referred to in paragraph 3, 4 or 5 of subsection (1) is not a Crown agent for any purpose unless a regulation provides otherwise.

Transfer of property to Part V service providers

   31.  (1)  Despite any other Act but subject to section 11.1 of the Financial Administration Act, real or personal property that is owned, leased, used or occupied by the Crown in connection with an activity carried out by a Part V service provider may be transferred to the service provider, with or without consideration, upon the terms approved in writing by Treasury Board.

Same

   (2)  The Crown may incur non-cash expenses within the meaning of the Financial Administration Act in connection with a transfer under subsection (1) to a Part V service provider.

Immunity of the Crown

   32.  (1)  No action or other proceeding shall be commenced against the Crown for any act or omission of a person or entity that provides ServiceOntario services under this Act or any act or omission of a member, director, partner, trustee, officer, employee or agent of such a person or entity.

Same

   (2)  No action or other proceeding shall be commenced against the Crown for any act or omission of a Part V service provider that provides services under this Act or any act or omission of a member, director, partner, trustee, officer, employee or agent of such a service provider.

Exceptions

   (3)  Subsections (1) and (2) do not apply with respect to a proceeding to enforce against the Crown its obligations under a written contract to which the Crown is a party.

Payment re judgments against Crown agents

   33.  If a person or entity that provides ServiceOntario services is directed by the judgment of a court to pay an amount in its capacity as a Crown agent, the Minister of Finance shall pay from the Consolidated Revenue Fund any portion of the amount that remains unpaid after the person or entity has made reasonable efforts, including liquidating assets, to pay the amount.

Conflict

   34.  (1)  Section 3 of this Act, and the regulations made under it, prevail over any other Act.

Powers of the Crown, etc.

   (2)  Nothing in Part II, V or VII restricts the powers of the Crown or any member of the Executive Council at common law or under any Act, whether as a shareholder or otherwise.

Regulations

   35.  The Lieutenant Governor in Council may make regulations with respect to any matter that, under this Act, may be prescribed or done by regulation.

part viii
amendments, commencement and short title

Amendments to this Act

   36.  (1)  Paragraph 1 of section 12 of this Act is repealed and the following substituted:

    1.  A delegated administrative authority within the meaning of the Delegated Administrative Authorities Act, 2012.

Same

   (2)  Clause 23 (1) (b) of this Act is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”.

Same

   (3)  Paragraphs 1 and 2 of subsection 24 (2) of this Act are amended by striking out “Corporations Act” wherever it appears and substituting in each case “Not-for-Profit Corporations Act, 2010”.

Ministry of Government Services Act

   37.  (1)  The definition of “service provider organization” in section 1 of the Ministry of Government Services Act is repealed and the following substituted:

“service provider organization” means a ministry or part of a ministry designated under subsection 17.1 (1); (“organisation de prestation de services”)

   (2)  Subsection 17.1 (1) of the Act is repealed and the following substituted:

Service provider organizations

Designation

   (1)  The Lieutenant Governor in Council may, by regulation, designate a ministry of the Government of Ontario or part of such a ministry as an organization to provide services to members of the public on behalf of the Government or a public body.

Commencement

   38.  (1)  Subject to subsections (2), (3) and (4), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (2)  Subsection 36 (1) comes into force on the later of the day subsection 4 (1) of Schedule 11 (Delegated Administrative Authorities Act, 2012) to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force and the day section 12 of this Schedule comes into force.

Same

   (3)  Subsection 36 (2) comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day subsection 23 (1) of this Schedule comes into force.

Same

   (4)  Subsection 36 (3) comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day subsection 24 (2) of this Schedule comes into force.

Short title

   39.  The short title of the Act set out in this Schedule is the Government Services and Service Providers Act (ServiceOntario), 2012.

 

schedule 22
highway 407 east act, 2012

CONTENTS

Interpretation

  1.

Interpretation

Designations of Highway 407 East as a Controlled-Access and Toll Highway

  2.

Designations

Tolling and Enforcement

  3.

  4.

  5.

  6.

  7.

  8.

  9.

10.

11.

12.

13.

14.

15.

Obligation to pay toll

Payment of toll

Failure to pay toll

Dispute

Appointment of dispute arbitrator

Appeal

Repayment of paid tolls

Interest on unpaid tolls

Failure to pay toll — non-validation of vehicle permit

Other remedies

Minister’s powers re collection and enforcement

Agreement with person or entity to collect and enforce tolls, etc.

Freedom of information

Regulations and Forms

16.

17.

18.

19.

Amount of toll

Other regulations made by Lieutenant Governor in Council

Minister’s regulations

Forms

Consequential Amendment

20.

Highway Traffic Act

Commencement and Short Title

21.

22.

Commencement

Short title

______________

Interpretation

Interpretation

Definitions

   1.  (1)  In this Act,

“Highway 407 East” means,

  (a)  the highway between the easterly end of Highway 407, as defined in the Highway 407 Act, 1998, and Highway 35/115,

  (b)  the King’s Highways (except Highway 35/115) that connect the highway described in clause (a) to Highway 401, and

   (c)  improvements and fixtures on the highways described in clauses (a) and (b); (“autoroute 407 Est”)

“Minister” means the Minister of Transportation or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“prescribed”, except in the definition of “toll device”, means prescribed in the regulations made under this Act; (“prescrit”)

“toll device” means a toll device prescribed under clause 191.4 (a) of the Highway Traffic Act; (“appareil à péage”)

“vehicle permit” means a permit as defined in section 6 of the Highway Traffic Act. (“certificat d’immatriculation de véhicule”)

References to Minister, Ministry

   (2)  Where an agreement is entered into under subsection 14 (1) and is in force, references to the Minister or the Ministry in the following provisions shall be read as referring to the person or entity that is party to the agreement with the Minister:

    1.  Subsections 3 (1) and (4).

    2.  Subsection 5 (1) and subclauses 5 (2) (c) (i) and (iii).

    3.  Subsections 6 (2), (5), (6), (7) and (8).

    4.  Subsections 8 (1), (2), (3), (4), (6), (7) and (8).

    5.  Subsection 9 (1).

    6.  Subsections 11 (1), (2), (7), (8) and (9).

Designations of Highway 407 East as a Controlled-Access and Toll Highway

Designations

Controlled-access highway

   2.  (1)  Highway 407 East is deemed to be designated as a controlled-access highway under section 36 of the Public Transportation and Highway Improvement Act, thereby making it part of the King’s Highway, and an order in council confirming this designation may be registered in the proper land registry offices.

Toll highway

   (2)  Subject to a regulation made under clause 17 (a), Highway 407 East is designated as a toll highway.

Tolling and Enforcement

Obligation to pay toll

   3.  (1)  A toll and any related fee and interest payable under this Act for the operation of a vehicle on Highway 407 East shall be paid to the Ministry by,

  (a)  if a toll device is not affixed to the vehicle, the person in whose name the plate portion of the vehicle permit is issued;

  (b)  if a toll device is affixed to the vehicle, the person to whom the toll device is registered.

Evidence

   (2)  Photographic or electronic evidence of the use of Highway 407 East is proof, in the absence of evidence to the contrary, of the obligation to pay a toll.

Application

   (3)  Sections 5 to 12 apply to the collection and enforcement of tolls and related fees and interest payable under this Act by a person described in subsection (1), but do not apply to the collection and enforcement of tolls, fees and interest if,

  (a)  the person is responsible for the payment of the tolls, fees and interest under clause (1) (b); and

  (b)  the toll device that was affixed to the vehicle in question was obtained without providing information identifying the plate portion of a vehicle permit.

Validation of toll devices

   (4)  For the purposes of subsection 191.2 (2) of the Highway Traffic Act, a toll device is a validated toll device under this Act if a toll device agreement is in effect between the person to whom the toll device is registered and the Minister with respect to that toll device.

Payment of toll

   4.  (1)  Subject to any agreement between the Minister and a person responsible for the payment of a toll, a toll or fee is payable on the day an invoice for the toll and fee is sent to that person.

Interest

   (2)  Subject to any agreement between the Minister and a person responsible for the payment of a toll, interest on a toll or fee begins to accrue and is payable 35 days after the invoice for the toll and fee is sent to that person.

Same

   (3)  Subject to a regulation made under clause 18 (c), the rate of interest under subsection (2) is the maximum rate of interest fixed under subsection 10 (4) of the Financial Administration Act.

Debt to person or entity

   (4)  Any fee and interest described in clause 14 (1) (d) or (e) that a person or entity with whom the Minister enters into an agreement under subsection 14 (1) is entitled to establish or charge pursuant to that agreement are a debt owing to the person or entity, and the person or entity has a cause of action enforceable in any court of competent jurisdiction for the payment of that debt.

Debt to Crown

   (5)  Despite an agreement described in subsection 14 (1) that authorizes a person or entity to collect and enforce the payment of tolls, related fees and interest as described in clause 14 (1) (a), those tolls, related fees and interest are a debt owing to the Crown.

Same

   (6)  The Crown has a cause of action enforceable in any court of competent jurisdiction for the payment of the debt described in subsection (5) and, where an agreement is entered into under subsection 14 (1) and is in force, the person or entity with whom the Minister enters into the agreement may also enforce the Crown’s cause of action in a court of competent jurisdiction for the payment of that debt.

Debt to Crown extinguished by payment to person or entity

   (7)  The debt to the Crown described in subsection (5) is extinguished if the person who is responsible under section 3 for paying those tolls, fees and interest pays them to the person or entity authorized under the agreement described in subsection 14 (1) to collect them, and for the purposes of this subsection, an amount is paid when the person or entity receives final and irrevocable settlement of the amount.

Debt not enforced if disputed or appealed

   (8)  A debt described in subsection (4) or (5) may not be enforced while the obligation to pay a toll or fee is being disputed under section 6 or is subject to an appeal under section 8.

Property in tolls, etc.

   (9)  Tolls, fees and interest that are collected by or on behalf of the Minister are the property of the Crown.

Failure to pay toll

   5.  (1)  If a toll charged for operating a vehicle on Highway 407 East or any administrative fee is not paid within 35 days after the day it is payable under subsection 4 (1), the Minister may send the person responsible for the payment of the toll a notice of failure to pay the toll.

Content of notice

   (2)  The notice shall,

  (a)  set out the amount of the toll and of any administrative fee and the interest rate that is being charged;

  (b)  inform the person named in the notice that the person may dispute the matter on a ground described in subsection 6 (1) and set out those grounds;

   (c)  inform the person named in the notice that if the person disputes the matter,

           (i)  the person must send a notice of dispute to the Minister within the time period referred to in subsection 6 (2),

          (ii)  the person bears the onus of proving the grounds on which the matter is disputed, and

         (iii)  the person is no longer required to pay the tolls, fees and interest set out in the notice if the Minister fails to send the person a decision within 30 days after receiving the person’s notice of dispute; and

  (d)  inform the person named in the notice that if the toll or fee referred to in the notice, or any interest on that toll or fee, is not paid within 90 days after the day on which the person received the notice, the Registrar of Motor Vehicles may refuse to validate the person’s vehicle permit or refuse to issue a vehicle permit to the person, and that the Registrar of Motor Vehicles may do so even if the failure to pay is disputed under section 6 or is subject to appeal under section 8.

Dispute

   6.  (1)  A person who receives a notice under section 5 may dispute the alleged failure to pay a toll on any of the following grounds:

    1.  The toll was paid in full.

    2.  The amount of the toll is incorrect.

    3.  The vehicle, the numbered plate or the toll device registered to the person was lost or stolen at the time the toll was incurred.

    4.  The person is not the person responsible for the payment of the toll under subsection 3 (1).

    5.  A prescribed ground.

Notice of dispute

   (2)  A person who receives a notice under section 5 may dispute the alleged failure to pay a toll if the person sends a notice of dispute, setting out the grounds on which the dispute is based, to the Minister within 30 days after receiving the notice of failure to pay the toll under section 5.

Payment without prejudice

   (3)  The payment of a toll and related fees and interest shall not prejudice the right of a person who receives a notice under section 5 to dispute the alleged failure to pay the toll, fees and interest.

Onus

   (4)  The onus of proving the grounds upon which a dispute under this section is based is on the person who sends the notice of dispute.

Decision

   (5)  Within 30 days after receiving a notice of dispute from a person under subsection (2), the Minister shall render a decision and shall send the person a copy of the decision, with or without reasons.

Same

   (6)  If the dispute is unsuccessful, the Minister shall, in writing together with the copy of the decision, inform the person who gave the notice of dispute of the person’s right to appeal the decision to a dispute arbitrator and shall provide the address of a dispute arbitrator.

Failure to give timely decision

   (7)  If the Minister fails to send a copy of the decision to the person who sent the notice of dispute within the time period required under subsection (5), the person is no longer required to pay the tolls and the related fees and interest that were the subject of the dispute.

Statutory Powers Procedure Act

   (8)  The Statutory Powers Procedure Act does not apply to the Minister’s powers of decision under this section.

Appointment of dispute arbitrator

   7.  (1)  The Lieutenant Governor in Council may appoint a dispute arbitrator for the purposes of section 8.

Fees and expenses

   (2)  The fees and expenses of the dispute arbitrator shall be paid by the Minister, out of money appropriated for the purpose by the Legislature, unless otherwise provided in an agreement entered into under subsection 14 (1).

Appeal

   8.  (1)  A person may appeal the Minister’s decision under section 6 on any of the grounds described in subsection 6 (1) if the person sends a notice of appeal, setting out the grounds of the appeal, to the dispute arbitrator and to the Minister within 30 days after receiving a copy of the Minister’s decision under subsection 6 (5).

Submission by Minister

   (2)  Within 15 days of receipt of a notice of appeal under subsection (1), the Minister may send a written submission to the dispute arbitrator.

Copy to appellant

   (3)  Upon making a submission under subsection (2), the Minister shall send a copy of the submission to the appellant.

Appeal process

   (4)  The dispute arbitrator shall review the notice of appeal and any submission made by the Minister under subsection (2) and may,

  (a)  decide the matter on the basis of the written material;

  (b)  if he or she thinks it appropriate, hold a hearing into the matter; or

   (c)  use any available mediation or alternative dispute resolution method that he or she considers appropriate.

Appeal decision

   (5)  The dispute arbitrator shall decide the appeal solely on the grounds described in subsection 6 (1).

Order for expenses

   (6)  If the dispute arbitrator finds that the appellant is not responsible for payment of the toll, he or she may order the Minister to pay the appellant the amount of the appellant’s reasonable out of pocket expenses incurred in connection with the dispute or appeal of the dispute.

Notice of decision

   (7)  The dispute arbitrator shall send the appellant, the Minister, an official of or employee in the Ministry who is designated by the Minister for the purpose of this section and the Registrar of Motor Vehicles a copy of his or her decision within 120 days of receiving the notice of appeal under subsection (1).

Failure to give timely decision

   (8)  If the dispute arbitrator fails to send a copy of his or her decision within the time period set out in subsection (7), the appellant or the Minister may apply to a court of competent jurisdiction for an order compelling the dispute arbitrator to give his or her decision.

Decision final

   (9)  The decision of the dispute arbitrator is final and binding and is not subject to appeal.

Statutory Powers Procedure Act

   (10)  The Statutory Powers Procedure Act does not apply to the dispute arbitrator’s powers of decision under this section.

Repayment of paid tolls

   9.  (1)  Where a person who receives a notice of failure to pay a toll under section 5 pays the toll and the related fees and interest, in whole or in part, the Minister shall return the amount paid to the person, together with interest, if,

  (a)  the Minister or dispute arbitrator subsequently decides that the person is not responsible for the payment of the toll, fees and interest; or

  (b)  the person is no longer required to pay the tolls, fees and interest pursuant to subsection 6 (7).

Interest rate

   (2)  Subject to a regulation made under clause 18 (c), the interest on an amount returned under subsection (1) shall be charged at the maximum rate of interest fixed under subsection 10 (4) of the Financial Administration Act.

Interest on unpaid tolls

   10.  Interest on unpaid tolls and fees continues to accrue even if a person disputes or appeals the obligation to pay a toll.

Failure to pay toll — non-validation of vehicle permit

Notification to Registrar

   11.  (1)  If a toll and the related fees and interest are not paid within 90 days of the day a person receives a notice of failure to pay under section 5, the Minister may notify the Registrar of Motor Vehicles of the failure to pay.

Same

   (2)  The Minister shall promptly inform the person who received the notice of failure to pay that the Registrar of Motor Vehicles has been notified under subsection (1).

Registrar’s action

   (3)  Subject to subsection (4), if the Registrar of Motor Vehicles is notified under subsection (1), he or she shall, at the next opportunity, refuse to validate the vehicle permit issued to the person who received the notice of failure to pay under section 5 and refuse to issue a vehicle permit to that person.

Notification by Registrar

   (4)  If the Registrar of Motor Vehicles is notified under subsection (1), he or she shall not act under subsection (3) unless, at least 30 days before refusing to validate the vehicle permit issued to the person and refusing to issue a permit to the person, the person received a notice described in subsection (5) from the Registrar.

Same

   (5)  For the purposes of subsection (4), the Registrar of Motor Vehicles shall send the person a notice stating,

  (a)  that the Registrar has received notification from the Minister under subsection (1);

  (b)  that the Registrar will be required under subsection (3) to refuse to validate the vehicle permit issued to the person and to refuse to issue a vehicle permit to the person; and

   (c)  any prescribed information.

Same

   (6)  The notice required by subsection (5) shall be sent by registered mail or delivered by a bonded courier.

If dispute

   (7)  The Registrar of Motor Vehicles may act under subsection (3) even though the person who received the notice of failure to pay under section 5 has disputed the person’s obligation to pay under section 6 or has appealed a decision of the Minister under section 8.

When toll is paid

   (8)  If the Registrar of Motor Vehicles has been notified under subsection (1) and the toll and related fees and interest are subsequently paid, the Minister shall immediately notify the Registrar of the payment.

Same

   (9)  If the Registrar of Motor Vehicles is notified by the Minister that the toll, fees and interest have been paid or is notified by the dispute arbitrator that the person is not responsible for paying the toll, fees and interest, the Registrar shall,

  (a)  validate any vehicle permit that he or she refused to validate under subsection (3);

  (b)  issue a vehicle permit to a person if it was refused under subsection (3).

Other remedies

   12.  Actions taken under sections 5 to 11 are in addition to any other methods of collection and enforcement available at law.

Minister’s powers re collection and enforcement

   13.  The Minister may,

  (a)  collect and enforce payment of tolls, and interest on them, with respect to the operation of vehicles on Highway 407 East;

  (b)  establish, collect and enforce payment of administrative fees and fees to commence or appeal any dispute proceedings, and collect and enforce payment of interest on the fees;

   (c)  establish terms and conditions for the registration and distribution of toll devices;

  (d)  require security for the provision of any toll devices;

  (e)  determine the methods of payment of tolls, fees and interest;

    (f)  determine the circumstances in which tolls, fees and interest are to be refunded.

Agreement with person or entity to collect and enforce tolls, etc.

   14.  (1)  The Minister may enter into an agreement with any person or entity authorizing that person or entity,

  (a)  to collect and enforce the payment of tolls, related fees and interest with respect to the operation of vehicles on Highway 407 East;

  (b)  to do anything the Minister is authorized to do under clause 13 (b), (c), (d), (e) or (f);

   (c)  to perform additional activities in relation to the collection and enforcement of tolls, fees and interest as are specified in the agreement;

  (d)  to establish, collect and enforce payment of administrative fees in respect of the activities referred to in clause (c);

  (e)  to charge interest for the late payment of the administrative fees established by the person or entity, and to establish rules for determining when interest is owed and for determining the methods of payment of the administrative fees and related interest.

Collected tolls, etc., to be paid to Minister

   (2)  An agreement that authorizes a person or entity to collect and enforce payment of the tolls, related fees and interest described in clause (1) (a) shall require the person or entity to pay those collected tolls, fees and interest to the Minister.

Administrative fees and interest on them not public money

   (3)  Amounts referred to in clauses (1) (d) and (e) are not public money for the purpose of section 2 of the Financial Administration Act.

Person or entity not a Crown agent

   (4)  A person or entity with whom the Minister enters into an agreement under subsection (1) is not, for any purposes, a Crown agency within the meaning of the Crown Agency Act or an agent of the Crown and shall not hold themself out as such.

Crown not liable for person’s, entity’s acts

   (5)  No action or other proceeding shall be instituted against the Crown, the Minister, the Registrar of Motor Vehicles or any other official of or employee in the Ministry for any act or omission of,

  (a)  a person or entity with whom the Minister enters into an agreement under subsection (1); or

  (b)  the directors, members, officers, employees, agents or independent contractors of a person or entity described in clause (a).

Freedom of information

Definitions

   15.  (1)  In this section,

“entity”, except when referring to a person or entity with whom the Minister enters into an agreement under subsection 14 (1), means the government of a province of Canada or a state of the United States of America; (“entité”)

“personal information” means information that is personal information for the purposes of the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”)

Collection, use and disclosure of personal information — by Ministry

   (2)  Despite any other Act or regulation, the Ministry may,

  (a)  collect personal information in any manner from a person or entity with whom the Minister enters into an agreement under subsection 14 (1), or from any person or entity for a purpose described in subsection (4);

  (b)  use, for a purpose described in subsection (4), personal information that is in its custody or under its control;

   (c)  disclose the names and addresses of persons who owe tolls, related fees and other charges that are in its custody or under its control or other prescribed personal information to a person or entity with whom the Minister enters into an agreement under subsection 14 (1) or to any person or entity for a purpose described in subsection (4).

Same — by person or entity under s. 14 (1) agreement

   (3)  Despite any other Act or regulation, a person or entity with whom the Minister enters into an agreement under subsection 14 (1) may,

  (a)  collect, only for a purpose described in subsection (4), personal information in any manner from the Ministry or an entity;

  (b)  use, only for a purpose described in subsection (4), personal information that was collected from the Ministry or an entity;

   (c)  disclose, only for a purpose described in subsection (4), personal information that was collected from the Ministry or an entity.

Purposes

   (4)  The following are the purposes referred to in subsections (2) and (3):

    1.  To collect and enforce, or assist in the collection and enforcement of, tolls, fees and other charges owing with respect to Highway 407 East.

    2.  To engage or assist in traffic planning and revenue management with respect to Highway 407 East.

    3.  To communicate, or assist in communicating, with users of Highway 407 East for the purpose of promoting the use of Highway 407 East.

    4.  To assist an entity with whom the Ministry has an agreement relating to the collection and enforcement of tolls.

Agreement required

   (5)  Despite any other Act or regulation, the Minister shall, as a condition for the disclosure of personal information pursuant to subsection (2), include in an agreement entered into under subsection 14 (1) a provision that, in the opinion of the Minister, will protect the confidentiality of the personal information and prohibit the use of the personal information for any purpose not referred to in subsection (4).

Other requirements

   (6)  In addition to the condition required by subsection (5), the Minister may impose any other conditions that he or she considers appropriate.

Confidentiality protected

   (7)  A person or entity with whom the Minister enters into an agreement under subsection 14 (1) or any other person who collects personal information from the Ministry shall ensure that all reasonable steps are taken to protect the confidentiality of that personal information, including protecting its confidentiality during its storage, transportation, handling and destruction.

Use of information

   (8)  For the purposes of the Freedom of Information and Protection of Privacy Act, personal information in the custody or under the control of the Ministry may be used by the Ministry for the purposes described in subsection (4) and that use is deemed to be for a purpose that is consistent with the purpose for which the personal information was obtained or compiled.

Purpose of disclosure

   (9)  For the purposes of the Freedom of Information and Protection of Privacy Act, personal information disclosed by the Ministry for a purpose described in subsection (4) is deemed to have been disclosed for the purpose of complying with this section.

Notice not required

   (10)  Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply with respect to the collection of personal information authorized by subsection (2) or (3).

Retention of information

   (11)  Personal information collected under clause (3) (a) and used by a person or entity with whom the Minister enters into an agreement under subsection 14 (1) shall be retained by that person or entity for at least 65 days unless the individual to whom the information related consents in writing to its earlier disposal.

Offence

   (12)  A person who knowingly uses or discloses, for a purpose other than a purpose described in subsection (4), personal information that was disclosed to the person by the Ministry under this section is guilty of an offence and on conviction is liable to a fine of not more than $5,000.

Regulations and Forms

Amount of toll

First toll is prescribed

   16.  (1)  The Lieutenant Governor in Council may by regulation prescribe the toll that is payable for the operation of a vehicle on Highway 407 East during a period of time specified in the regulation, which period shall be at least 12 months and shall end on May 31.

Annual review of toll

   (2)  Beginning on the March 1 before the period of time specified in a regulation made under subsection (1) ends, and on every March 1 after that, the Minister shall commence a review of the toll to be payable for the operation of a vehicle on Highway 407 East in the 12-month period beginning on the next June 1, and the review shall include public consultation on the proposed toll by,

  (a)  setting out the proposed toll on the Ministry’s website on March 1; and

  (b)  inviting public input on the proposed toll to be made until the next April 30.

Annual adjustment of toll

   (3)  Beginning on the first June 1 after the period of time specified in a regulation made under subsection (1), and on every June 1 after that, the toll that is payable for the operation of a vehicle on Highway 407 East from June 1 until the next May 31 is the toll for the previous 12-month period adjusted by the percentage change in the Ontario Consumer Price Index between the previous two calendar years.

Calculation of toll

   (4)  The actual toll under subsection (3) is the amount determined by the calculation described in that subsection rounded to the nearest hundredth of a cent.

Exception

   (5)  Despite subsection (3), the Lieutenant Governor in Council may by regulation prescribe a different toll than that determined under that subsection for any specified period.

Different tolls

   (6)  A regulation made under subsection (1) or (5) may provide that different tolls apply on different days, months or times of day or on different lanes or parts of Highway 407 East.

Public notice of tolls

   (7)  The Minister shall give public notice of the tolls that are payable, in the manner that the Minister considers appropriate.

Percentage change in the Ontario Consumer Price Index

   (8)  In this section, the percentage change in the Ontario Consumer Price Index between two calendar years is the percentage change in the Consumer Price Index for Ontario (All-Items) between those years as published by Statistics Canada under the authority of the Statistics Act (Canada).

Other regulations made by Lieutenant Governor in Council

   17.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing a part of Highway 407 East that is not designated as a toll highway;

  (b)  prescribing additional grounds on which to dispute a notice of failure to pay a toll;

   (c)  respecting additional procedures to be used for enforcing the payment of tolls on Highway 407 East;

  (d)  providing that sections 5 to 11, or any of them, or any provision of a regulation made under this Act, do not apply in respect of all or a part of Highway 407 East, and prescribing different rules for the collection and enforcement of tolls, fees and interest and for the resolution of disputes than those set out in those provisions;

  (e)  prescribing the types of toll devices and related tolling equipment that must be used on Highway 407 East;

    (f)  providing that the Arbitration Act, 1991 or any provision of that Act does not apply to appeals under section 8;

  (g)  prescribing information for the purpose of clause 11 (5) (c);

   (h)  prescribing personal information for the purpose of clause 15 (2) (c);

    (i)  despite this or any other Act, requiring the Minister and the owners or operators of any private toll highways to do the things specified in the regulation in order to achieve the integration of Highway 407 East with the other highways specified in the regulation;

    (j)  respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the purposes of this Act.

Minister’s regulations

   18.  The Minister may make regulations,

  (a)  exempting any person or vehicle or class of persons or vehicles from the application of section 3, and prescribing conditions and circumstances for any such exemption;

  (b)  providing that no tolls are payable on all or part of Highway 407 East for a specified event or time period;

   (c)  prescribing a rate of interest for the purpose of subsection 4 (3) or 9 (2);           

  (d)  prescribing and governing methods for sending invoices, notices and other documents.

Forms

   19.  The Minister may approve forms for the purposes of this Act and require their use.

Consequential Amendment

Highway Traffic Act

   20.  Subsection 191.2 (2) of the Highway Traffic Act is repealed and the following substituted:

Validation of toll device

   (2)  For the purpose of subsection (1), a validated toll device is a toll device that is validated under the Capital Investment Plan Act, 1993, the Highway 407 Act, 1998 or the Highway 407 East Act, 2012.

Commencement and Short Title

Commencement

   21.  The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   22.  The short title of the Act set out in this Schedule is the Highway 407 East Act, 2012.

 

schedule 23
insurance act

   1.  Subsection 32 (3) of the Insurance Act is amended by striking out “the Children’s Lawyer” and substituting “the Minister”.

   2.  Part II of the Act is amended by adding the following section:

Suspension, cancellation of insurer’s licence for failure to pay administrative penalty

   57.  (1)  The Superintendent may suspend or cancel an insurer’s licence if the insurer fails to pay an administrative penalty as required under this Act.

Notice

   (2)  The Superintendent shall give written notice to the insurer before exercising the Superintendent’s authority under subsection (1).

Procedural steps not required

   (3)  Section 58 does not apply to the exercise of the Superintendent’s authority under subsection (1).

Revival of licence

   (4)  If a licence is suspended or cancelled under subsection (1), the Superintendent may revive the licence if the insurer pays the administrative penalty.

   3.  (1)  Subsection 121 (1) of the Act is amended by adding the following paragraphs:

14.0.2 exempting a contract or class of contracts from the application of Part V, any provision or requirement of Part V or any regulation or provision or requirement of a regulation made in respect of Part V, postponing, for any contract or class of contracts, the application of Part V or of any such provision or requirement to a specified date and applying a provision of Part V for a specified period on and after the date it was re-enacted, repealed or amended by Schedule 23 to the Strong Action for Ontario Act (Budget Measures), 2012, as it read immediately before that date, to a contract or class of contracts;

14.0.3 prescribing information for which access is limited under clause 174 (8) (b);

14.0.4 for the purpose of subsection 190 (4), respecting the circumstances under which an insurer may not restrict or exclude in a contract of life insurance the right of an insured to designate persons to whom or for whose benefit insurance money is to be payable and respecting the restriction or exclusion in a contract of such right;

14.0.5 prescribing the rights the insured may exercise under a contract of life insurance in the circumstances described in subsection 197 (2);

.     .     .     .     .

26.0.1 exempting a contract or class of contracts from the application of Part VII, any provision or requirement of Part VII or any regulation or provision or requirement of a regulation made in respect of Part VII, postponing, for any contract or class of contracts, the application of Part VII or any such provision or requirement to a specified date and applying a provision of Part VII for a specified period on and after the date it was re-enacted, repealed or amended by Schedule 23 to the Strong Action for Ontario Act (Budget Measures), 2012, as it read immediately before that date, to a contract or class of contracts;

.     .     .     .     .

28.3.1 respecting the application of Part VII to insurance described in clause 291 (3) (c);

28.3.2 prescribing information for which access is limited under clause 293 (8) (b);

28.3.3 for the purpose of subsection 313 (1.2), respecting the circumstances under which an insurer may not restrict or exclude in a contract of accident and sickness insurance the right of an insured to designate persons to whom or for whose benefit insurance money is to be payable and respecting the restriction or exclusion in a contract of such right;

28.3.4 prescribing the rights the insured may exercise under a contract of accident and sickness insurance in the circumstances described in subsection 317.1 (2);

   (2)  Section 121 of the Act is amended by adding the following subsection:

Regulations, Part XVIII.1

   (7.1)  The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under sections 441.3 and 441.4 and, without limiting the generality of the foregoing, may make regulations,

  (a)  prescribing provisions of this Act or the regulations for the purposes of sections 441.3 and 441.4;

  (b)  prescribing criteria the Superintendent is required or permitted to consider when imposing a penalty under section 441.3 or 441.4;

   (c)  prescribing the amount of a penalty, or the method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and for different classes of persons;

  (d)  authorizing the Superintendent to determine the amount of a penalty, if the amount of the penalty or the method for calculating the amount of the penalty is not prescribed, and prescribing criteria the Superintendent is required or permitted to consider when determining this;

  (e)  authorizing a penalty to be imposed for each day or part of a day on which a contravention or failure to comply continues;

    (f)  authorizing higher penalties (not to exceed the maximum penalty established under section 441.5 or prescribed under clause (j)) for a second or subsequent contravention or failure to comply by a person;

  (g)  governing the manner of paying the penalties;

   (h)  requiring that a penalty be paid before a specified deadline or before a deadline specified by the Superintendent;

    (i)  authorizing the imposition of late payment fees respecting penalties that are not paid before the deadline, including graduated late payment fees;

    (j)  prescribing lesser maximum administrative penalties and the requirements established under this Act to which the lesser maximum penalties apply for the purpose of subsection 441.5 (1) or (2).

   (3)  Subsection 121 (8) of the Act is amended by striking out “subsection (5), (6) or (7)” and substituting “subsection (5), (6), (7) or (7.1)”.

   (4)  Subsection 121 (9) of the Act is amended by striking out “subsection (5), (6) or (7)” and substituting “subsection (5), (6), (7) or (7.1)”.

   4.  Subsection 126 (2) of the Act is repealed and the following substituted:

Rights of insured, beneficiary, etc.

   (2)  A contract is not rendered void or voidable as against an insured, or a beneficiary or other person to whom insurance money is payable under the contract, by reason of a failure of the insurer to comply with a provision of this Act.

   5.  Subsection 131 (1) of the Act is repealed and the following substituted:

Waiver and estoppel

   (1)  The obligation of an insured to comply with a requirement under a contract is excused to the extent that,

  (a)  the insurer has given notice in writing that the insured’s compliance with the requirement is excused in whole or in part, subject to the terms specified in the notice, if any; or

  (b)  the insurer’s conduct reasonably causes the insured to believe that the insured’s compliance with the requirement is excused in whole or in part, and the insured acts on that belief to the insured’s detriment.

   6.  (1)  Subsection 171 (1) of the Act is amended by adding the following definition:

“blanket insurance” means group insurance that covers loss,

  (a)  arising from specific hazards incidental to or defined by reference to a particular activity or activities, and

  (b)  occurring during a limited or specified period not exceeding 30 days in duration; (“assurance globale”)

   (2)  The definition of “creditor’s group insurance” in subsection 171 (1) of the Act is repealed and the following substituted:

“creditor’s group insurance” means insurance effected by a creditor whereby the lives of a number of the creditor’s debtors are insured severally under a single contract; (“assurance collective de créancier”)

   (3)  Subsection 171 (1) of the Act is amended by adding the following definition:

“debtor insured” means a debtor whose life is insured under a contract of creditor’s group insurance; (“débiteur assuré”)

   (4)  The definition of “declaration” in subsection 171 (1) of the Act is repealed and the following substituted:

“declaration”, except in sections 207 to 210, means an instrument signed by the insured,

  (a)  with respect to which an endorsement is made on the policy,

  (b)  that identifies the contract, or

   (c)  that describes the insurance or insurance fund or a part thereof,

in which the insured,

  (d)  designates, or alters or revokes the designation of, the insured, the insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable, or

  (e)  makes, alters or revokes an appointment under subsection 193 (1) or a nomination referred to in section 199; (“déclaration”)

   (5)  The definition of “family insurance” in subsection 171 (1) of the Act is amended by striking out “blood, marriage or adoption” and substituting “blood, marriage, conjugal relationship outside marriage or adoption”.

   (6)  The definition of “group life insured” in subsection 171 (1) of the Act is repealed and the following substituted:

“group life insured” means a person (the “primary person”) whose life is insured under a contract of group insurance but does not include a person whose life is insured under the contract as a person dependent upon, or related to, the primary person; (“personne assurée par une assurance-vie collective”)

   (7)  Clause (a) of the definition of “insured” in subsection 171 (1) of the Act is repealed and the following substituted:

  (a)  in the case of group insurance, means, in the provisions of this Part relating to the designation of beneficiaries or personal representatives as recipients of insurance money and their rights and status, the group life insured, and

   (8)  Subsection 171 (2) of the Act is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(a.1) a term dependent either solely or partly on a human life; or

   7.  Subsection 172 (1) of the Act is amended by adding “but subject to a regulation made under paragraph 14.0.2 of subsection 121 (1)” after “Despite any agreement, condition or stipulation to the contrary”.

   8.  Clause 173 (a) of the Act is amended by adding “and personal representatives as recipients of insurance money” after “the rights and status of beneficiaries” at the beginning.

   9.  Part V of the Act is amended by adding the following section before the heading “Issuance of Policy and Contents Thereof”:

Application of ss. 126 and 131

   173.1  Sections 126 and 131 apply to a contract of life insurance.

   10.  (1)  Subsection 174 (1) of the Act is repealed and the following substituted:

Insurer to issue policy, furnish documents

   (1)  An insurer entering into a contract shall,

  (a)  issue a policy; and

  (b)  furnish to the insured the policy and a copy of the insured’s application.

   (2)  Subsection 174 (4) of the Act is repealed and the following substituted:

Copy of contract, etc.

   (4)  Except in the case of a contract of group insurance or of creditor’s group insurance, an insurer, on request, shall furnish to the insured or a claimant under the contract a copy of,

  (a)  the entire contract as set out in subsection (2) or (3), as applicable; and

  (b)  any written statement or other record provided to the insurer as evidence of insurability under the contract.

Copy of application, policy, etc. — group insurance

   (5)  In the case of a contract of group insurance, an insurer,

  (a)  on request, shall furnish to a group life insured or claimant under the contract a copy of,

           (i)  the group life insured’s application, and

          (ii)  any written statement or other record, not otherwise part of the application, provided to the insurer as evidence of the insurability of the group life insured under the contract;

  (b)  on request and reasonable notice, shall permit a group life insured or claimant under the contract to examine, and shall furnish to that person, a copy of the policy of group insurance.

Same — creditor’s group insurance

   (6)  In the case of a contract of creditor’s group insurance, an insurer,

  (a)  on request, shall furnish to a debtor insured or claimant under the contract a copy of,

           (i)  the debtor insured’s application, and

          (ii)  any written statement or other record, not otherwise part of the application, provided to the insurer as evidence of the insurability of the debtor insured under the contract;

  (b)  on request and reasonable notice, shall permit a debtor insured or claimant under the contract to examine, and shall furnish to that person, a copy of the policy of creditor’s group insurance.

Reasonable fee

   (7)  An insurer may charge a reasonable fee to cover its expenses in furnishing copies of documents under subsection (4), (5) or (6), other than the first copy furnished to each person.

Access to information restricted

   (8)  Access to the documents described in clauses (5) (b) and (6) (b) does not extend,

  (a)  to information contained in those documents that would reveal personal information as defined in the Personal Information Protection and Electronic Documents Act (Canada) or personal health information as defined in the Personal Health Information Protection Act, 2004 about a person without that person’s consent, other than information about,

           (i)  the group life insured or debtor insured in respect of whom the claim is made, or

          (ii)  the person who requests the information; or

  (b)  to information prescribed by the regulations.

Claimant’s access to documents restricted

   (9)  A claimant’s access to documents under subsections (4) to (6) extends only to information that is relevant to,

  (a)  a claim under the contract; or

  (b)  a denial of such a claim.

   11.  Section 175 of the Act is amended by adding the following subsection:

Notice re restriction on designations

   (3)  If a policy contains a provision removing or restricting the right of the insured to designate persons to whom or for whose benefit insurance money is to be payable, the front page of the policy must include the following statement in conspicuous bold type:

This policy contains a provision removing or restricting the right of the insured to designate persons to whom or for whose benefit insurance money is to be payable.

   12.  Section 176 of the Act is amended by adding the following paragraphs:

    6.  In the case of a contract of group insurance, any provision removing or restricting the right of a group life insured to designate persons to whom or for whose benefit insurance money is to be payable.

    7.  In the case of a contract of group insurance that replaces another contract of group insurance on some or all of the group life insured under the replaced contract, whether a designation of a group life insured, a group life insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable under the replaced contract applies to the replacement contract.

    8.  The following statement:

Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Limitations Act, 2002.

   13.  Section 177 of the Act is repealed and the following substituted:

Contents of group certificate

   177.  (1)  In the case of a contract of group insurance or of creditor’s group insurance, an insurer shall issue, for delivery by the insured to each group life insured or debtor insured, a certificate or other document in which are set forth the following particulars:

    1.  The name of the insurer and a sufficient identification of the contract.

    2.  The amount, or the method of determining the amount, of insurance on,

            i.  the group life insured and on any person whose life is insured under the contract as a person dependent upon or related to the group life insured, or

           ii.  the debtor insured.

    3.  The circumstances in which the insurance terminates and the rights, if any, upon such termination, of,

            i.  the group life insured and of any person whose life is insured under the contract as a person dependent upon or related to the group life insured, or

           ii.  the debtor insured.

    4.  In the case of a contract of group insurance that contains a provision removing or restricting the right of the group life insured to designate persons to whom or for whose benefit insurance money is to be payable,

            i.  the method of determining the persons to whom or for whose benefit the insurance money is or may be payable, and

           ii.  the following statement in conspicuous bold type:

This policy contains a provision removing or restricting the right of the group life insured to designate persons to whom or for whose benefit insurance money is to be payable.

    5.  In the case of a contract of group insurance that replaces another contract of group insurance on some or all of the group life insured under the replaced contract, whether a designation of a group life insured, a group life insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable under the replaced contract applies to the replacement contract.

    6.  The rights of the group life insured, debtor insured or a claimant under the contract to obtain copies of documents under subsection 174 (5) or (6).

    7.  The following statement:

Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Limitations Act, 2002.

Exception — blanket insurance

   (2)  This section does not apply to a contract of blanket insurance.

   14.  Section 179 of the Act is repealed and the following substituted:

Insurable interest, defined

   179.  Without restricting the meaning of “insurable interest”, a person, in this section called the “primary person”, has an insurable interest,

  (a)  in the case of a primary person who is a natural person, in his or her own life and in the lives of,

           (i)  the primary person’s child or grandchild,

          (ii)  the primary person’s spouse,

         (iii)  a person on whom the primary person is wholly or partly dependent for, or from whom the primary person is receiving, support or education,

         (iv)  the primary person’s employee, and

          (v)  a person in the duration of whose life the primary person has a pecuniary interest; and

  (b)  in the case of a primary person that is not a natural person, in the lives of,

           (i)  a director, officer or employee of the primary person, and

          (ii)  a person in the duration of whose life the primary person has a pecuniary interest.

   15.  Part V of the Act is amended by adding the following section:

Termination of contract by court

Application to court

   179.1  (1)  A person may make an application to the court if,

  (a)  the person’s life is insured under a contract;

  (b)  the person is not the insured under the contract; and

   (c)  the person reasonably believes that the person’s life or health might be endangered by the insurance on his or her life continuing under that contract.

Court order

   (2)  Upon an application being made under subsection (1), the court may make any order it considers just in the circumstances, including,

  (a)  an order that the insurance on that person’s life under the contract be terminated in accordance with the terms of the contract other than any terms respecting notice of termination; and

  (b)  an order that the amount of insurance under the contract on that person’s life be reduced.

Notice

   (3)  An application under subsection (1) must be made on at least 30 days notice to the insured, the beneficiary, the insurer and any other person the court considers to have an interest in the contract.

Same

   (4)  Despite subsection (3), if the court considers it just to do so, it may dispense with the notice to,

  (a)  a person other than the insurer; or

  (b)  if the contract is a contract of group insurance or of creditor’s group insurance, the insured.

Who is bound by order

   (5)  An order made under subsection (2) binds any person having an interest in the contract.

   16.  Subsection 181 (1) of the Act is amended by striking out “payment is not made according to its tenor” and substituting “the cheque, bill of exchange or promissory note is not honoured according to its tenor”.

   17.  (1)  Subsection 182 (1) of the Act is repealed and the following substituted:

Payment of premium

Who may pay premium

   (1)  Except in the case of group insurance or of creditor’s group insurance, an assignee of a contract, a beneficiary or a person acting on behalf of one of them or on behalf of the insured may pay any premium that the insured is entitled to pay.

   (2)  Subsection 182 (3) of the Act is repealed and the following substituted:

Contract in force during grace period

   (3)  Where the happening of the event upon which the insurance money becomes payable occurs during the period of grace and before the overdue premium is paid, the contract shall be deemed to be in effect as if the premium had been paid at the time it was due and, except in the case of group insurance or of creditor’s group insurance, the amount of the premium may be deducted from the insurance money.

   18.  (1)  Subsection 183 (2) of the Act is amended by adding “and subsection (3) of this section” after “Subject to section 184” at the beginning.

   (2)  Section 183 of the Act is amended by adding the following subsection:

Failure to disclose, application for change, etc., in contract

   (3)  A failure to disclose, or a misrepresentation of, a fact referred to in subsection (1) relating to evidence of insurability with respect to the following kinds of applications renders the contract voidable by the insurer, but only in relation to the addition, increase or change applied for:

    1.  For additional coverage under a contract.

    2.  For an increase in insurance under a contract.

    3.  For any other change to insurance after the policy is issued.

   19.  (1)  Clause 184 (1) (a) of the Act is repealed and the following substituted:

  (a)  a misstatement of age of a person whose life is insured; or

   (2)  Subsection 184 (2) of the Act is amended by striking out “where a contract has been in effect” and substituting “where a contract, or an addition, increase or change referred to in subsection 183 (3) has been in effect”.

   (3)  Subsection 184 (3) of the Act is repealed and the following substituted:

Incontestability in group insurance, creditor’s group insurance

   (3)  In the case of a contract of group insurance or of creditor’s group insurance, a failure to disclose, or a misrepresentation of, such a fact in respect of a person whose life is insured under the contract does not render the contract voidable, but,

  (a)  if the failure to disclose or misrepresentation relates to evidence of insurability specifically requested by the insurer at the time of application for the insurance in respect of the person, the insurance in respect of that person is voidable by the insurer; and

  (b)  if the failure to disclose or misrepresentation relates to evidence of insurability specifically requested by the insurer at the time of application for an addition, increase or change referred to in subsection 183 (3) in respect of the person, the addition, increase or change in respect of that person is voidable by the insurer,

unless the insurance, addition, increase or change has been in effect for two years during the lifetime of that person, in which case the insurance, addition, increase or change is not, in the absence of fraud, voidable.

   20.  (1)  Subsection 189 (1) of the Act is amended by adding “or of creditor’s group insurance” after “group insurance”.

   (2)  Section 189 of the Act is amended by adding the following subsection:

Reinstatement on payment of premium after grace period

   (1.1)  Where a contract lapses at the end of a period of grace because a premium due at the beginning of the period of grace was not paid, the contract may be reinstated by payment of the overdue premium within a further period of 30 days after the end of the period of grace, but only if the person whose life was insured under the contract is alive at the time payment is made.

   (3)  Subsection 189 (2) of the Act is repealed and the following substituted:

Reinstatement following up to 2 years lapse

   (2)  Where a contract lapses and is not reinstated under subsection (1.1), the insurer shall reinstate it if, within two years of the date the contract lapsed, the insured,

  (a)  applies for the reinstatement;

  (b)  pays to the insurer all overdue premiums and other indebtedness under the contract together with interest not exceeding the prejudgment interest rate determined under subsection 127 (2) of the Courts of Justice Act; and

   (c)  produces evidence satisfactory to the insurer of the good health and insurability of the person whose life was insured.

   (4)  Subsection 189 (3) of the Act is amended by striking out “Subsection (2) does not apply” at the beginning and substituting “Subsections (1.1) and (2) do not apply”.

   21.  Part V of the Act is amended by adding the following section before the heading “Designation of Beneficiaries”:

Termination and replacement of group contract

Insurer remains liable under contract

   189.1  (1)  Where a contract of group insurance, or a benefit provision in a contract of group insurance, under which the insurer undertakes to pay insurance money or provide other benefits if a group life insured becomes disabled as a result of bodily injury or sickness is terminated, the insurer continues, as though the contract or benefit provision had remained in full force and effect, to be liable to pay insurance money or provide benefits in respect of a group life insured for liability arising from an accident or sickness that occurred before the termination of the contract or benefit provision.

Exception

   (2)  Despite subsection (1), an insurer does not remain liable under a contract or benefit provision described in that subsection to pay insurance money or provide a benefit for the recurrence of a disability after both of the following occur:

    1.  The termination of the contract or benefit provision.

    2.  A continuous period of six months, or any longer period provided in the contract, during which the group life insured was not disabled.

Time limit on insurer’s liability

   (3)  An insurer that is liable under subsection (1) to pay insurance money or provide a benefit as a result of the disability of a group life insured is not liable to pay the insurance money or provide the benefit for any period longer than the portion remaining, at the date the disability began, of the maximum period provided under the contract for the payment of insurance money or the provision of other benefits in respect of a disability of the group life insured.

Continued coverage under replacement contract

   (4)  Where a contract of group insurance, in this section called the “replacement contract”, is entered into within 31 days after the termination of another contract of group insurance, in this section called the “other contract”, and that replacement contract insures some or all of the same group life insured as the other contract,

  (a)  the replacement contract shall be deemed to provide that any person who was insured under the other contract at the time of its termination is insured under the replacement contract from and after the termination of the other contract if,

           (i)  the insurance on that person under the other contract terminated by reason only of the termination of the other contract, and

          (ii)  the person is a member of a class eligible for insurance under the replacement contract; and

  (b)  no person who was insured under the other contract at the time of its termination may be excluded from eligibility under the replacement contract by reason only of not being actively at work on the effective date of the replacement contract, and despite subsection (1), if the replacement contract provides that insurance money or other benefits to be paid or provided under subsection (1) by the insurer of the other contract are to be paid instead under the replacement contract, the insurer of the other contract is not liable to pay that insurance money or provide those benefits.

   22.  (1)  Subsection 190 (1) of the Act is repealed and the following substituted:

Designation of beneficiary

   (1)  Subject to subsection (4), an insured may in a contract or by a declaration designate the insured, the insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable.

   (2)  Section 190 of the Act is amended by adding the following subsections:

Restriction on designations

   (4)  Subject to the regulations, an insurer may restrict or exclude in a contract the right of an insured to designate persons to whom or for whose benefit insurance money is to be payable.

Designation may apply to replacement contract

   (5)  A contract of group insurance replacing another contract of group insurance on some or all of the group life insured under the replaced contract may provide that a designation applicable to the replaced contract of a group life insured, a group life insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable shall be deemed to apply to the replacement contract.

Same

   (6)  Where a contract of group insurance replacing another contract of group insurance provides that a designation referred to in subsection (5) shall be deemed to apply to the replacement contract,

  (a)  each certificate in respect of the replacement contract must indicate that the designation under the replaced contract has been carried forward and that the group life insured should review the existing designation to ensure it reflects the group life insured’s current intentions; and

  (b)  as between the insurer under the replacement contract and a claimant under that contract, that insurer is liable to the claimant for any errors or omissions by the previous insurer in respect of the recording of the designation carried forward under the replacement contract.

Settlement option

   (7)  Where a beneficiary becomes entitled to insurance money and all or part of that insurance money remains with the insurer under a settlement option provided for in the contract or permitted by the insurer, that portion of the insurance money remaining with the insurer shall be deemed to be insurance money held under a contract on the life of the beneficiary and, subject to the provisions of the settlement option, the beneficiary has the rights and interests of an insured with respect to the insurance money.

   23.  Section 194 of the Act is amended by adding the following subsections:

Disclaimer by beneficiary

   (3)  A beneficiary may disclaim the beneficiary’s right to insurance money by filing notice in writing with the insurer at its head or principal office in Canada.

Same

   (4)  A notice of disclaimer filed under subsection (3) is irrevocable.

Same

   (5)  Subsection (1) applies in the case of a disclaiming beneficiary or in the case of a beneficiary determined by a court to be disentitled to insurance money as if the disclaiming or disentitled beneficiary died before the person whose life is insured.

   24.  Section 197 of the Act is amended by adding the following subsections:

Where there is irrevocable designation of beneficiary, who does not consent

   (2)  Despite subsection 196 (1), where a beneficiary is designated irrevocably and has not consented as described in clause (1) (b), the insured may exercise any rights in respect of the contract that are prescribed by regulation.

Same

   (3)  Subject to the terms of a consent under clause (1) (b) or an order of the court under subsection (4), where there is an irrevocable designation of a beneficiary under a contract, a person acquiring an interest in the contract takes that interest subject to the rights of that beneficiary.

Application to court

   (4)  When a beneficiary who is designated irrevocably is unable to provide consent under clause (1) (b) because of legal incapacity, an insured may apply to the court for an order permitting the insured to deal with the contract without that consent.

Same

   (5)  The court may grant an order under subsection (4) on any notice and terms it considers just.

   25.  Section 199 of the Act is repealed and the following substituted:

Transfer of ownership

   199.  (1)  Despite the Succession Law Reform Act, where in a contract or declaration it is provided that a person named in the contract or declaration has, on the death of the insured, the rights and interests of the insured in the contract,

  (a)  the rights and interests of the insured in the contract do not, on the death of the insured, form part of the insured’s estate; and

  (b)  on the death of the insured, the person named in the contract or declaration has the rights and interests given to the insured by the contract and by this Part and shall be deemed to be the insured.

Successive owners

   (2)  Where the contract or declaration provides that two or more persons named in the contract or declaration shall, on the death of the insured, have successively, on the death of each of them, the rights and interests of the insured in the contract, this section applies successively, with necessary modifications, to each of such persons and to his or her rights and interests in the contract.

Saving

   (3)  Despite any nomination made pursuant to this section, the insured may, before his or her death,

  (a)  assign, exercise rights under or in respect of, surrender or otherwise deal with the contract as if the nomination had not been made; and

  (b)  subject to the terms of the contract, alter or revoke the nomination by declaration.

   26.  (1)  Section 200 of the Act is amended by adding the following subsection:

Effect on designation of beneficiary, transfer of ownership

   (3.1)  Unless the document by which the contract is assigned specifies otherwise, an assignment described in subsection (3) made on or after the date this section comes into force revokes,

  (a)  a designation of a beneficiary made before or after that date and not made irrevocably; and

  (b)  a nomination referred to in section 199 made before or after that date.

   (2)  Subsection 200 (4) of the Act is repealed and the following substituted:

Prohibition against assignment

   (4)  A contract may provide that the rights or interests of the insured or, in the case of a contract of group insurance or of creditor’s group insurance, of the group life insured or debtor insured, as the case may be, are not assignable.

   27.  Part V of the Act is amended by adding the following section before the heading “Minors”:

Enforcement of right re creditor’s group insurance

   201.1  (1)  A debtor insured or a debtor who is jointly liable for the debt with the debtor insured may enforce in his or her own name the creditor’s rights in respect of a claim arising in relation to the debtor insured, subject to any defence available to the insurer against the creditor or debtor insured.

Insurer to pay creditor

   (2)  Subject to subsection (3), where an insurer pays insurance money in respect of a claim under subsection (1), the insurer shall pay the insurance money to the creditor.

Insurer may pay excess above debt to debtor insured

   (3)  Where the debtor insured provides evidence satisfactory to the insurer that the insurance money exceeds the debt then owing to the creditor, the insurer may pay the excess directly to that debtor insured.

   28.  (1)  Subsection 204 (1) of the Act is amended by striking out “Subject to subsection (4)” at the beginning and substituting “Subject to subsections (3), (4) and (5)”.

   (2)  Section 204 of the Act is amended by adding the following subsection:

Deceased not resident in Ontario at time of death

   (5)  Where insurance money is payable under a contract to a deceased person who was not resident in Ontario at the date of the person’s death or to that person’s personal representative, the insurer may pay the insurance money to the deceased person’s personal representative as appointed under the law of the jurisdiction in which the person was resident at the date of the person’s death, and the payment discharges the insurer to the extent of the amount of the payment.

   29.  (1)  Section 214 of the Act is amended by striking out “or” at the end of clause (b) and by adding the following clauses:

  (d)  there is no person entitled to the insurance money; or

  (e)  the person to whom the insurance money is payable would be disentitled on public policy or other grounds,

   (2)  Section 214 of the Act is amended by adding the following subsections:

Costs order

   (2)  The court may fix, without assessment, the costs incurred on or in connection with an application or order made under subsection (1) and may order the costs to be paid out of the insurance money or by the insurer or otherwise, as it considers just.

Insurer discharged by payment under order

   (3)  A payment made by an insurer under an order made under subsection (1) discharges the insurer to the extent of the amount of the payment.

   30.  Section 215 of the Act is amended by striking out “in accordance with subsection 194 (1)”.

   31.  Subsections 220 (1) and (2) of the Act are repealed and the following substituted:

Minors

   (1)  If an insurer admits liability for insurance money payable to a minor, and there is no person capable of giving and authorized to give a valid discharge for the insurance money who is willing to do so, the insurer shall, within 30 days after receiving the evidence referred to in section 203, pay the money and any applicable interest into court to the credit of the minor.

   32.  Sections 221 and 222 of the Act are repealed and the following substituted:

Beneficiary under legal incapacity

   221.  Despite section 220, where it appears to an insurer that a representative of a beneficiary who is a minor or is otherwise under a legal incapacity may accept payments on behalf of the beneficiary under the law of the jurisdiction in which the beneficiary resides, the insurer may make payment to the representative, and the payment discharges the insurer to the extent of the amount paid.

Presumption against agency

   222.  An officer, agent or employee of an insurer, or a person soliciting insurance, whether or not an agent of the insurer, shall not be considered to be the agent of the insured, person whose life is insured, group life insured or debtor insured, to that person’s prejudice, in respect of any question arising out of a contract.

   33.  (1)  The definition of “application” in section 290 of the Act is amended by striking out “a written application” and substituting “an application”.

   (2)  The definition of “beneficiary” in section 290 of the Act is repealed and the following substituted:

“beneficiary” means a person, other than the insured or the insured’s personal representative, to whom or for whose benefit insurance money is made payable in a contract or by a declaration; (“bénéficiaire”)

   (3)  The definition of “blanket insurance” in section 290 of the Act is repealed and the following substituted:

“blanket insurance” means group insurance that covers loss,

  (a)  arising from specific hazards incident to or defined by reference to a particular activity or activities, and

  (b)  occurring during a limited or specified period not exceeding six months in duration; (“assurance globale”)

   (4)  Section 290 of the Act is amended by adding the following definition:

“debtor insured” means a debtor whose life or well-being, or whose life and well-being, are insured under a contract of creditor’s group insurance; (“débiteur assuré”)

   (5)  The definition of “declaration” in section 290 of the Act is repealed and the following substituted:

“declaration”, except in sections 302.1, 302.2, 302.3 and 316, means an instrument signed by the insured,

  (a)  with respect to which an endorsement is made on the policy,

  (b)  that identifies the contract, or

   (c)  that describes the insurance or insurance fund or a part thereof,

in which the insured,

  (d)  designates, or alters or revokes the designation of, the insured, the insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable, or

  (e)  makes, alters or revokes an appointment under subsection 315 (1) or a nomination referred to in section 317.3; (“déclaration”)

   (6)  The definition of “family insurance” in section 290 of the Act is amended by striking out “blood, marriage or adoption” and substituting “blood, marriage, conjugal relationship outside marriage or adoption”.

   (7)  The definition of “group person insured” in section 290 of the Act is repealed and the following substituted:

“group person insured” means a person (the “primary person”), whose life or well-being, or whose life and well-being, are insured under a contract of group insurance, but does not include a person whose life or well-being, or whose life and well-being, are insured under the contract as a person dependent upon or related to the primary person; (“personne couverte par une assurance collective”)

   34.  (1)  Subsection 291 (1) of the Act is amended by adding “but subject to a regulation made under paragraph 26.0.1 of subsection 121 (1)” after “Despite any agreement, condition or stipulation to the contrary”.

   (2)  Clause 291 (3) (b) of the Act is repealed.

   (3)  Clause 291 (3) (c) of the Act is amended by adding “except as provided in the regulations” after “injury or disease”.

   35.  Part VII of the Act is amended by adding the following section:

Application of ss. 126 and 131

   292.1  Sections 126 and 131 apply to a contract of accident and sickness insurance.

   36.  Section 293 of the Act is repealed and the following substituted:

Insurer to issue policy, furnish documents

   293.  (1)  An insurer entering into a contract shall,

  (a)  issue a policy; and

  (b)  furnish to the insured the policy and a copy of the insured’s application.

Documents forming contract

   (2)  Subject to subsection (3), the provisions in,

  (a)  the application;

  (b)  the policy;

   (c)  any document attached to the policy when issued; and

  (d)  any amendment to the contract agreed upon in writing after the policy is issued,

constitute the entire contract.

Same — contract by fraternal society

   (3)  In the case of a contract made by a fraternal society, the policy, the Act or instrument of incorporation of the society, its constitution, by-laws and rules, and the amendments made from time to time to any of them, the application for the contract and the medical statement of the applicant constitute the entire contract.

Copy of contract, etc.

   (4)  Except in the case of a contract of group insurance or of creditor’s group insurance, an insurer, on request, shall furnish to the insured or a claimant under the contract a copy of,

  (a)  the entire contract as set out in subsection (2) or (3), as applicable; and

  (b)  any written statement or other record provided to the insurer as evidence of insurability under the contract.

Copy of application, policy, etc. — group insurance

   (5)  In the case of a contract of group insurance, an insurer,

  (a)  on request, shall furnish to a group person insured or claimant under the contract a copy of,

           (i)  the group person insured’s application, and

          (ii)  any written statement or other record, not otherwise part of the application, provided to the insurer as evidence of the insurability of the group person insured under the contract;

  (b)  on request and reasonable notice, shall permit a group person insured or claimant under the contract to examine, and shall furnish to that person, a copy of the policy of group insurance.

Same — creditor’s group insurance

   (6)  In the case of a contract of creditor’s group insurance, an insurer,

  (a)  on request, shall furnish to a debtor insured or claimant under the contract a copy of,

           (i)  the debtor insured’s application, and

          (ii)  any written statement or other record, not otherwise part of the application, provided to the insurer as evidence of the insurability of the debtor insured under the contract;

  (b)  on request and reasonable notice, shall permit a debtor insured or claimant under the contract to examine, and shall furnish to that person, a copy of the policy of creditor’s group insurance.

Reasonable fee

   (7)  An insurer may charge a reasonable fee to cover its expenses in furnishing copies of documents under subsection (4), (5) or (6), other than the first copy furnished to each person.

Access to information restricted

   (8)  Access to the documents described in clauses (5) (b) and (6) (b) does not extend,

  (a)  to information contained in those documents that would reveal personal information as defined in the Personal Information Protection and Electronic Documents Act (Canada) or personal health information as defined in the Personal Health Information Protection Act, 2004 about a person without that person’s consent, other than information about,

           (i)  the group person insured or debtor insured in respect of whom the claim is made, or

          (ii)  the person who requests the information; or

  (b)  to information prescribed by the regulations.

Claimant’s access to documents restricted

   (9)  A claimant’s access to documents under subsections (4) to (6) extends only to information that is relevant to,

  (a)  a claim under the contract; or

  (b)  a denial of such a claim.

   37.  (1)  Subsection 294 (1) of the Act is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(a.1) a contract of creditor’s group insurance; or

   (2)  Subsection 294 (2) of the Act is amended by adding the following paragraph:

    6.  The following statement:

Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Limitations Act, 2002.

   (3)  Section 294 of the Act is amended by adding the following subsection:

Notice on front page of policy

   (3)  Where a policy contains a provision removing or restricting the right of the insured to designate persons to whom or for whose benefit insurance money is to be payable, the front page of the policy must include the following statement in conspicuous bold type:

This policy contains a provision removing or restricting the right of the insured to designate persons to whom or for whose benefit insurance money is to be payable.

   38.  Section 295 of the Act is amended by adding the following subsection:

Exceptions

   (2)  Despite subsection (1), a contract of accident and sickness insurance may provide for one or more of the following:

    1.  Early commencement of loss of income benefits based on the admission of the person insured into a hospital, long-term care facility or other similar institution.

    2.  Payment of loss of income benefits during the period of in-patient hospitalization of the person insured or the period during which the person insured is confined to a long-term care facility or other similar institution.

    3.  Payment of daily benefits during the period of in-patient hospitalization of the person insured or the period during which the person insured is confined to a long-term care facility or other similar institution.

    4. Payment of lump sum benefits based on the admission of the person insured into a hospital or during the period of in-patient hospitalization or the admission into or during the period of confinement in a long-term care facility or other similar institution.

   39.  (1)  Section 296 of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Contents of group policy or creditor’s group policy

   296.  In the case of a contract of group insurance or of creditor’s group insurance, an insurer shall set forth the following particulars in the policy:

.     .     .     .     .

   (2)  Section 296 of the Act is amended by adding the following paragraphs:

    6.  In the case of a contract of group insurance, any provision removing or restricting the right of a group person insured to designate persons to whom or for whose benefit insurance money is to be payable.

    7.  In the case of a contract of group insurance that replaces another contract of group insurance on some or all of the group person insureds under the replaced contract, whether a designation of a group person insured, a group person insured’s personal representative or a beneficiary as a person to whom or for whose benefit insurance money is to be payable under the replaced contract applies to the replacement contract.

    8.  The following statement:

Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Limitations Act, 2002.

   40.  Section 297 of the Act is repealed and the following substituted:

Continuation of accident and sickness insurance where contract terminated

   297.  (1)  Where a contract of group accident and sickness insurance, or a benefit provision therein, is terminated, the insurer continues to be liable to pay to or in respect of any group person insured under the contract benefits under the contract relating to,

  (a)  loss of income because of disability;

  (b)  death;

   (c)  dismemberment; or

  (d)  accidental damage to natural teeth,

arising from an accident or sickness that occurred before the termination of the contract or benefit provision as though the contract or benefit provision had remained in full force and effect; but the insurer is not liable to pay a benefit for loss of income because of disability in respect of the recurrence of disability arising from an accident or sickness that occurred before the termination of the contract or benefit provision if the recurrence occurs after the termination of the contract or benefit provision and after a period of six months, or such longer period as is provided in the contract, during which the group person insured was not disabled.

Time limit on insurer’s liability

   (2)  An insurer that is liable under subsection (1) to pay a benefit for loss of income as a result of the disability of a group person insured is not liable to pay the benefit for any period longer than the portion remaining, at the date the disability began, of the maximum period provided under the contract for the payment of a benefit for loss of income in respect of a disability of the group person insured.

Continued coverage under replacement contract

   (3)  Where a contract of group accident and sickness insurance, in this section called the “replacement contract”, is entered into within 31 days of the termination of another contract of group accident and sickness insurance, in this section called the “other contract”, and insures the same group or a part of the group insured under the other contract,

  (a)  the replacement contract shall be deemed to provide that any person who was insured under the other contract at the time of its termination is insured under the replacement contract from and after the termination of the other contract if,

           (i)  the insurance on that person under the other contract terminated by reason only of the termination of the other contract, and

          (ii)  the person is a member of a class eligible for insurance under the replacement contract;

  (b)  every person who was insured under the other contract and who is insured under the replacement contract is entitled to receive credit for satisfaction of any deductible earned before the effective date of the replacement contract; and

   (c)  no person who was insured under the other contract at the time of its termination may be excluded from eligibility under the replacement contract by reason only of not being actively at work on the effective date of the replacement contract, and, despite subsection (1), if the replacement contract provides that all benefits required to be paid under subsection (1) by the insurer of the other contract are to be paid instead under the replacement contract, the insurer of the other contract is not liable to pay those benefits.

   41.  (1)  Subsection 298 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Contents of group certificate

   (1)  Except as provided in subsection (2), in the case of a contract of group insurance or of creditor’s group insurance, an insurer shall issue for delivery by the insured to each group person insured or debtor insured a certificate or other document in which are set out the following particulars:

.     .     .     .     .

   (2)  Paragraph 3 of subsection 298 (1) of the Act is amended by adding “or the debtor insured” after “the group person insured”.

   (3)  Subsection 298 (1) of the Act is amended by adding the following paragraphs:

    4.  In the case of a contract of group insurance that contains a provision removing or restricting the right of the group person insured to designate persons to whom or for whose benefit insurance money is to be payable,

            i.  the method of determining the persons to whom or for whose benefit the insurance money is or may be payable, and

           ii.  the following statement in conspicuous bold type:

        This policy contains a provision removing or restricting the right of the group person insured to designate persons to whom or for whose benefit insurance money is to be payable.

    5.  In the case of a contract of group insurance that replaces another contract of group insurance on some or all of the group persons insured under the replaced contract, whether a designation of a group person insured, a group person insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable under the replaced contract applies to the replacement contract.

    6.  The rights of the group person insured, the debtor insured or a claimant under the contract to obtain copies of documents under subsection  293 (5) or (6).

    7.  The following statement:

Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Limitations Act, 2002.

   42.  (1)  Section 300 of the Act is amended by striking out the portion before the Statutory Conditions and substituting the following:

Statutory conditions

   300.  Subject to section 301, the conditions set out in this section shall be deemed to be part of every contract other than a contract of group insurance or of creditor’s group insurance, and shall be printed in English or French in or attached to the policy forming part of such contract with the heading “Statutory Conditions” or “Conditions légales”, as may be appropriate, and no variation or omission of or addition to any statutory condition not authorized by section 301 is binding on the insured.

.     .     .     .     .

   (2)  Subcondition 1 (2) set out in section 300 of the Act is repealed.

   (3)  Subcondition 6 (3) set out in section 300 of the Act is amended by striking out “ten days” wherever it appears and substituting in each case “15 days”.

   (4)  Clause (c) of subcondition 7 (1) set out in section 300 of the Act is amended by striking out “the duration of such disability” at the end and substituting “the duration of such sickness or disability”.

   (5)  Subcondition 7 (2) set out in section 300 of the Act is repealed and the following substituted:

Failure to Give Notice or Proof

   (2)  Failure to give notice of claim or furnish proof of claim within the time prescribed by this statutory condition does not invalidate the claim if,

  (a)  the notice or proof is given or furnished as soon as reasonably possible, and in no event later than one year from the date of the accident or the date a claim arises under the contract on account of sickness or disability if it is shown that it was not reasonably possible to give notice or furnish proof within the time so prescribed; or

  (b)  in the case of the death of the person insured, if a declaration of presumption of death is necessary, the notice or proof is given or furnished no later than one year after the date a court makes the declaration.

   43.  Section 302 of the Act is amended by adding “bold” after “conspicuous” in the portion before the notice.

   44.  Part VII of the Act is amended by adding the following sections:

Declaration as to sufficiency of proof

   302.1  (1)  Where an insurer admits the validity of the insurance but does not admit the sufficiency of the evidence required by subcondition 7 (1) set out in section 300 and there is no other question in issue except a question under section 302.2, the insurer or the claimant may, before or after action is brought and on at least 30 days notice, apply to the court for a declaration as to the sufficiency of the evidence furnished, and the court may make the declaration or may direct what further evidence is to be furnished and on the furnishing of the evidence may make the declaration or, in special circumstances, may dispense with further evidence and make the declaration.

Application

   (2)  This section applies only in respect of a claim for accidental death benefits.

Declaration of presumption of death

   302.2  Where a claimant alleges that the person whose life is insured should be presumed to be dead and there is no other question in issue except a question under section 302.1, the insurer or the claimant may, before or after action is brought and on at least 30 days notice, apply to the court for a declaration as to presumption of the death, and the court may make the declaration.

Court order re payment of insurance money

   302.3  (1)  On making a declaration under section 302.1 or 302.2, the court may make an order respecting the payment of the insurance money and respecting costs that it considers just, and a declaration or direction or an order made under this subsection is binding on the applicant and on all persons to whom notice of the application has been given.

Insurer discharged

   (2)  A payment made under an order made under subsection (1) discharges the insurer to the extent of the amount of the payment.

Order stays pending action

   302.4  Unless the court orders otherwise, an application made under section 302.1 or 302.2 operates as a stay of any pending action with respect to the insurance money.

Order re furnishing of further evidence

   302.5  Where the court finds that the evidence given pursuant to statutory condition 7 set out in section 300 is not sufficient or that a presumption of death is not established, it may order that the matters in issue be decided in an action brought or to be brought, or make any other order it considers just respecting further evidence to be given by the claimant, publication of advertisements, further inquiry or any other matter, or respecting costs.

   45.  (1)  Clause 303 (1) (b) of the Act is repealed and the following substituted:

  (b)  the contract may be terminated for non-payment of the premium by the insurer giving,

           (i)  15 daysnotice of termination by registered mail to the latest address of the insured on the records of the insurer, the 15 days to begin on the day the registered letter or notification of it is delivered to the insured’s address, or

          (ii)  5 days written notice of termination personally delivered.

   (2)  Subsection 303 (2) of the Act is repealed and the following substituted:

Exception

   (2)  This section does not apply to a contract made by a fraternal society.

   46.  (1)  Subsection 304 (2) of the Act is amended by striking out “payment is not made according to its tenor” and substituting “the cheque, bill of exchange or promissory note is not honoured according to its tenor”.

   (2)  Section 304 of the Act is amended by adding the following subsections:

Grace period

   (2.1)  Where a premium, other than a premium referred to in subsection (1), is not fully paid at the time it is due, the premium may be paid within the longer of the following:

    1.  A period of grace of 30 days after the date the premium is due.

    2.  The period of grace within which the premium may be paid, if any, specified in the contract.

Same

   (2.2)  Where the happening of the event upon which the insurance money becomes payable occurs during the period of grace and before the overdue premium is paid, the contract shall be deemed to be in effect as if the premium had been paid at the time it was due and, except in the case of group insurance or of creditor’s group insurance, the amount of the premium may be deducted from the insurance money.

   (3)  Subsection 304 (3) of the Act is amended by adding “or of creditor’s group insurance” at the end.

   (4)  Subsection 304 (4) of the Act is amended by striking out “This section” at the beginning and substituting “Subsection (1)”.

   47.  Section 305 of the Act is repealed and the following substituted:

Insurable interest, defined

   305.  Without restricting the meaning of “insurable interest”, a person, in this section called the “primary person”, has an insurable interest,

  (a)  in the case of a primary person who is a natural person, in his or her own life and well-being and in the lives and well-being of,

           (i)  the primary person’s child or grandchild,

          (ii)  the primary person’s spouse,

         (iii)  a person on whom the primary person is wholly or partly dependent for, or from whom the primary person is receiving, support or education,

         (iv)  an employee of the primary person, and

          (v)  a person in the duration of whose life or in whose well-being the primary person has a pecuniary interest; and

  (b)  in the case of a primary person that is not a natural person, in the lives and well-being of,

           (i)  a director, officer or employee of the primary person, and

          (ii)  a person in the duration of whose life or in whose well-being the primary person has a pecuniary interest.

   48.  Part VII of the Act is amended by adding the following section before the heading “Policies on Lives of Minors”:

Termination of contract by court

Application to court

   306.1  (1)  A person may make an application to the court if,

  (a)  the person’s life or well-being, or life and well-being, are insured under a contract;

  (b)  the person is not the insured under the contract; and

   (c)  the person reasonably believes that the person’s life or health might be endangered by the insurance on his or her life or well-being, or life and well-being, continuing under that contract.

Court order

   (2)  Upon an application being made under subsection (1), the court may make any order it considers just in the circumstances, including,

  (a)  an order that the insurance on that person under the contract be terminated in accordance with the terms of the contract other than any terms respecting notice of termination; and

  (b)  an order that the amount of insurance under the contract be reduced.

Notice

   (3)  An application under subsection (1) must be made on at least 30 days notice to the insured, the beneficiary, the insurer and any other person the court considers to have an interest in the contract.

Same

   (4)  Despite subsection (3), if the court considers it just to do so, it may dispense with the notice to,

  (a)  a person other than the insurer; or

  (b)  if the contract is a contract of group insurance or of creditor’s group insurance, the insured.

Who is bound by order

   (5)  An order made under subsection (2) binds any person having an interest in the contract.

   49.  Subsection 308 (2) of the Act is repealed and the following substituted:

Failure to disclose, application for change, etc., in contract

   (2)  A failure to disclose or misrepresentation of such a fact with respect to an application for additional coverage under a contract, an increase in insurance under a contract, or any other change to insurance after the policy is issued renders the contract voidable by the insurer but only in relation to the addition, increase or change.

   50.  Section 309 of the Act is repealed and the following substituted:

Failure to disclose

   309.  (1)  Subject to section 312 and subsections (2) to (4), when a contract, including renewals of the contract, or an addition, increase or change referred to in subsection 308 (2) has been in effect for two years with respect to a person whose life or well-being, or whose life and well-being, are insured under the contract, a failure to disclose, or a misrepresentation of, a fact required by section 308 to be disclosed in respect of that person does not, in the absence of fraud, render the contract voidable.

Same — group insurance or creditor’s group insurance

   (2)  In the case of a contract of group insurance or of creditor’s group insurance, a failure to disclose, or a misrepresentation of, a fact required by section 308 to be disclosed in respect of a group person insured, a person insured or a debtor insured under the contract does not render the contract voidable, but,

  (a)  if the failure to disclose or misrepresentation relates to evidence of insurability specifically requested by the insurer at the time of application for the insurance in respect of the person, the insurance in respect of that person is voidable by the insurer; and

  (b)  if the failure to disclose or misrepresentation relates to evidence of insurability specifically requested by the insurer at the time of application for an addition, increase or change referred to in subsection 308 (2) in respect of the person, the addition, increase or change in respect of that person is voidable by the insurer,

unless the insurance, addition, increase or change has been in effect for two years during the lifetime of that person, in which case the insurance, addition, increase or change is not, in the absence of fraud, voidable.

Exception

   (3)  Where a claim arises from a loss incurred or a disability beginning before a contract, including renewals of it, has been in effect for two years with respect to the person in respect of whom the claim is made, subsection (1) does not apply to that claim.

Same

   (4)  Where a claim arises from a loss incurred or a disability beginning before the addition, increase or change has been in effect for two years with respect to the person in respect of whom the claim is made, subsection (1) does not apply to that claim.

   51.  Section 311 of the Act is amended by striking out “the person insured or group person insured” in the portion before clause (a) and substituting “the person insured, group person insured or debtor insured”.

   52.  Subsection 312 (2) of the Act is repealed and the following substituted:

Misstatement of age in group insurance or creditor’s group insurance

   (2)  In the case of a contract of group insurance or creditor’s group insurance, if there is a misstatement to the insurer of the age of a group person insured, person insured or debtor insured, the provisions, if any, of the contract with respect to age or misstatement of age shall apply.

   53.  (1)  Subsection 313 (1) of the Act is repealed and the following substituted:

Designation of beneficiary

   (1)  Subject to subsection (1.2), an insured may in a contract or by a declaration designate the insured, the insured’s personal representative or a beneficiary to receive insurance money as a person to whom or for whose benefit insurance money is to be payable.

Designation may be altered, revoked

   (1.1)  Subject to section 314.1, an insured may by declaration alter or revoke a designation referred to in subsection (1).

Limits imposed by insurer

   (1.2)  Subject to the regulations, an insurer may restrict or exclude in a contract the right of an insured to designate persons to whom or for whose benefit insurance money is to be payable.

Where contract of group insurance is replaced

   (1.3)  A contract of group insurance replacing another contract of group insurance on some or all of the group persons insured under the replaced contract may provide that a designation applicable to the replaced contract of a group person insured, a group person insured’s personal representative or a beneficiary as one to whom or for whose benefit insurance money is to be payable shall be deemed to apply to the replacement contract.

Same

   (1.4)  Where a contract of group insurance replacing another contract of group insurance provides that a designation referred to in subsection (1.3) shall be deemed to apply to the replacement contract,

  (a)  each certificate in respect of the replacement contract must indicate that the designation under the replaced contract has been carried forward and that the group person insured should review the existing designation to ensure it reflects the group person insured’s current intentions; and

  (b)  as between the insurer under the replacement contract and a claimant under that contract, that insurer is liable to the claimant for any errors or omissions by the previous insurer in respect of the recording of the designation carried forward under the replacement contract.

Where a settlement option applies

   (1.5)  Where a beneficiary becomes entitled to insurance money and all or part of that insurance money remains with the insurer under a settlement option provided for in the contract or permitted by the insurer, that portion of the insurance money remaining with the insurer shall be deemed to be insurance money held pursuant to a contract on the life of the beneficiary, and, subject to the provisions of the settlement option, the beneficiary has the same rights and interests with respect to the insurance money that an insured has under a contract of life insurance.

   (2)  Subsection 313 (3) of the Act is amended by adding “Despite the Succession Law Reform Act” at the beginning.

   54.  Subsection 314 (3) of the Act is repealed and the following substituted:

Right to sue

   (3)  A beneficiary may enforce for the beneficiary’s own benefit, and a trustee appointed under section 315 may enforce as trustee, the payment of insurance money payable to him, her or it, but the insurer may set up any defence that it could have set up against the insured or the insured’s personal representative.

Two or more designated beneficiaries

   (4)  Where two or more beneficiaries are designated otherwise than alternatively but no division of the insurance money is made, the insurance money is payable to them in equal shares.

Disclaimer by beneficiary

   (5)  A beneficiary may disclaim the beneficiary’s right to insurance money by filing notice in writing with the insurer at its head or principal office in Canada.

Same

   (6)  A notice of disclaimer filed under subsection (5) is irrevocable.

Same

   (7)  Subsection (2) applies in the case of a disclaiming beneficiary or in the case of a beneficiary determined by a court to be disentitled to insurance money as if the disclaiming or disentitled beneficiary predeceased the person whose life or well-being, or whose life and well-being, are insured.

   55.  Part VII of the Act is amended by adding the following section:

Irrevocable designation

   314.1  (1)  An insured may in a contract or by a declaration, other than a declaration that is part of a will, filed with the insurer at its head or principal office in Canada during the lifetime of the person whose life or well-being, or whose life and well-being, are insured, designate a beneficiary irrevocably, and in that event the insured, while the beneficiary is living, may not alter or revoke the designation without the consent of the beneficiary, and the insurance money is not subject to the control of the insured or the claims of the insured’s creditors and does not form part of the insured’s estate.

Failure to file designation with insurer

   (2)  If an insured purports to designate a beneficiary irrevocably in a will or in a declaration that is not filed with the insurer, the designation has the same effect as if the insured had not purported to make it irrevocable.

   56.  Section 315 of the Act is amended by adding the following subsection:

Payment to trustee discharges insurer

   (2)  A payment made by an insurer to a trustee for a beneficiary discharges the insurer to the extent of the amount of the payment.

   57.  (1)  Clause 316 (3) (b) of the Act is repealed and the following substituted:

  (b)  a beneficiary other than one designated irrevocably as provided in section 314.1 before the assignee gave notice to the insurer of the assignment in the manner provided for in this subsection.

   (2)  Section 316 of the Act is amended by adding the following subsections:

Effect of assignment

   (3.1)  Where a contract is assigned as security, the rights of a beneficiary under the contract are affected only to the extent necessary to give effect to the rights and interests of the assignee.

.     .     .     .     .

Same

   (4.1)  Unless the document by which a contract is assigned specifies otherwise, an assignment described in subsection (4) made on or after the date this section comes into force revokes,

  (a)  a designation of a beneficiary made before or after that date and not made irrevocably; and

  (b)  a nomination referred to in section 317.3 made before or after that date.

   (3)  Subsection 316 (5) of the Act is repealed and the following substituted:

Prohibition against assignment

   (5)  A provision in a contract to the effect that the rights or interests of the insured, or in the case of a contract of group insurance or of creditor’s group insurance, the group person insured or debtor insured, are not assignable is valid.

   58.  Subsection 317 (2) of the Act is amended by adding “the insurance money and” before “the rights and interests of the insured in the insurance money”.

   59.  Part VII of the Act is amended by adding the following sections:

Assignment of insurance

   317.1  (1)  The insured may assign, exercise rights under or in respect of, surrender or otherwise deal with the contract as provided in the contract or in this Part or as may be agreed on with the insurerif a beneficiary,

  (a)  is not designated irrevocably; or

  (b)  is designated irrevocably but has attained the age of 18 years and consents.

Where there is an irrevocable designation of beneficiary

   (2)  Despite subsection 314.1 (1), if a beneficiary is designated irrevocably and has not consented as described in clause (1) (b), the insured may exercise any rights in respect of the contract that are prescribed by regulation.

Same

   (3)  Subject to the terms of a consent under clause (1) (b) or an order of the courtunder subsection (4), if there is an irrevocable designation of a beneficiary under a contract, a person acquiring an interest in the contract takes that interest subject to the rights of that beneficiary.

Same

   (4)  When a beneficiary who is designated irrevocably is unable to provide consent under clause (1) (b) because of legal incapacity, an insured may apply to the court for an order permitting the insured to deal with the contract without that consent.

Same

   (5)  The court may grant an order under subsection (4) on any notice and terms it considers just.

Entitlement to dividends

   317.2  (1)  Despite the irrevocable designation of a beneficiary, the insured is entitled, before his or her death, to the dividends or bonuses declared on a contract unless the contract provides otherwise.

Same

   (2)  Unless the insured directs otherwise, the insurer may apply the dividends or bonuses declared on the contract for the purposes of keeping the contract in force.

   60.  Part VII of the Act is amended by adding the following section:

Transfer of ownership

   317.3  (1)  Despite the Succession Law Reform Act, if in a contract or declaration it is provided that a person named in the contract or declaration has, on the death of the insured, the rights and interests of the insured in the contract,

  (a)  the rights and interests of the insured in the contract do not, on the death of the insured, form part of the insured’s estate; and

  (b)  on the death of the insured, the person named in the contract or declaration has the rights and interests given to the insured by the contract and by this Part and shall be deemed to be the insured.

Successive owners

   (2)  Where a contract or declaration referred to in subsection (1) provides that, on the death of the insured, two or more persons named in the contract or declaration have successively on the death of each of them the rights and interests of the insured in the contract, this section applies successively, with all necessary modifications, to each of those persons and their rights and interests in the contract.

Saving

   (3)  Despite a nomination referred to in subsection (1), the insured, before his or her death, may,

  (a)  assign, exercise rights under or in respect of, surrender or otherwise deal with the contract as if the nomination had not been made; and

  (b)  subject to the terms of the contract, alter or revoke the nomination by declaration.

   61.  Part VII of the Act is amended by adding the following section:

Enforcement of right re creditor’s group insurance

   318.1  (1)  A debtor insured or a debtor who is jointly liable for the debt with the debtor insured may enforce in his or her own name the creditor’s rights in respect of a claim arising in relation to the debtor insured, subject to any defence available to the insurer against the creditor or the debtor insured.

Payment by insurer to creditor

   (2)  Subject to subsection (3), if an insurer pays insurance money in respect of a claim under subsection (1), the insurer shall pay the insurance money to the creditor.

Excess may be paid to debtor insured

   (3)  If the debtor insured provides evidence satisfactory to the insurer that the insurance money exceeds the debt then owing to the creditor, the insurer may pay the excess directly to that debtor insured.

   62.  Section 319 of the Act is amended by striking out “the insurance money is payable in accordance with subsection 314 (2)” and substituting “the insurance money and any applicable interest are payable”.

   63.  Subsection 320 (1) of the Act is amended by striking out “or” at the end of clause (b) and by adding the following clauses:

  (d)  there is no person entitled to the insurance money; or

  (e)  the person to whom the insurance money is payable would be disentitled on public policy or other grounds,

   64.  (1)  Subsection 321 (1) of the Act is amended by striking out “less the applicable costs mentioned in subsection (2)”.

   (2)  Subsection 321 (2) of the Act is repealed.

   (3)  Section 321 of the Act is amended by adding the following subsections:

Insurer discharged by payment into court  

   (4)  Payment of the money into court in accordance with this section discharges the insurer to the extent of the payment.

Authorized payments

   (5)  An insurer may, despite subsection (1), pay insurance money and applicable interest payable to a minor to,

  (a)  the guardian of the property of the minor, appointed under section 47 of the Children’s Law Reform Act; or

  (b)  a person referred to in subsection 51 (1) of the Children’s Law Reform Act, if the payment does not exceed the amount set out in that subsection.

   65.  Section 322 of the Act is repealed and the following substituted:

Beneficiary under legal incapacity

   322.  Despite section 321, where it appears to an insurer that a representative of a beneficiary who is a minor or otherwise under a legal incapacity may accept payments on behalf of the beneficiary under the law of the jurisdiction in which the beneficiary resides, the insurer may make payment to the representative, and the payment discharges the insurer to the extent of the amount paid.

   66.  Section 323 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Payments not exceeding $10,000

   323.  Even though insurance money is payable to a person, the insurer may if the contract so provides, but subject always to the rights of an assignee, pay an amount not exceeding $10,000 to,

.     .     .     .     .

   67.  (1)  Subsection 324 (1) of the Act is repealed and the following substituted:

Place of payment

   (1)  Subject to subsections (2), (4) and (5), insurance money is payable in Ontario.

   (2)  Subsection 324 (4) of the Act is repealed and the following substituted:

Payment outside Ontario

   (4)  Where a person entitled to receive insurance money is not resident in Ontario, the insurer may pay the insurance money to that person or to any person who is entitled to receive it on that person’s behalf under the law of the jurisdiction in which the payee resides and any such payment discharges the insurer to the extent of the amount paid.

   68.  Section 328 of the Act is repealed and the following substituted:

Relief from forfeiture

   328.  Where there has been imperfect compliance with a statutory condition as to the proof of loss to be given by the insured or another matter or thing required to be done or omitted by the insured with respect to the loss and a consequent forfeiture or avoidance of the insurance in whole or in part, or there has been a termination of the policy by a notice that was not received by the insured because of the insured’s absence from the address to which the notice was addressed, and the court considers it inequitable that the insurance should be forfeited or on that ground, or terminated, the court, on terms it considers just, may,

  (a)  relieve against the forfeiture or avoidance; or

  (b)  if the application for relief is made within 90 days of the date of the mailing of the notice of termination, relieve against the termination.

   69.  Section 329 of the Act is repealed and the following substituted:

Presumption against agency

   329.  An officer, agent or employee of an insurer, or a person soliciting insurance, whether or not an agent of the insurer, shall not be considered to be the agent of the insured, person insured, group person insured or debtor insured, to that person’s prejudice, in respect of any question arising out of a contract.

   70.  (1)  Subsection 393 (3) of the Act is amended by adding “and of any outstanding administrative penalty imposed under Part XVIII.1” after “payment by the person of the fee established by the Minister”.

   (2)  Clause 393 (11) (b) of the Act is amended by adding “and of any outstanding administrative penalty imposed under Part XVIII.1” after “payment of the fee established by the Minister” at the end.

   71.  (1)  Subsection 397 (1) of the Act is amended by adding “and of any outstanding administrative penalty imposed under Part XVIII.1” after “upon the payment of the fee established by the Minister”.

   (2)  Subsection 397 (4) of the Act is amended by adding “and of any outstanding administrative penalty imposed under Part XVIII.1” after “upon payment of the fee established by the Minister”.

   72.  Subsection 399 (2) of the Act is repealed and the following substituted:

Statement to be filed by each partner

   (2)  Each member of the partnership shall file the statement or application, including a written request that the licence be issued in the name of the partnership, and the licence may be revoked or suspended as to one or more members of the partnership.

Payment of fee and administrative penalty

   (2.1)  Before the licence may be issued in the name of the partnership under subsection (2), the fee established by the Minister and any outstanding administrative penalty imposed under Part XVIII.1 must be paid.

   73.  Subsection 400 (7) of the Act is repealed and the following substituted:

Officers who may act under licence

   (7)  The licence shall specify the officers who may act thereunder in the name and on behalf of the corporation and every such officer shall file a statement or application, pay the fee established by the Minister for individual agents, brokers or adjusters and pay any outstanding administrative penalty imposed under Part XVIII.1, but employees who do not receive commissions and who perform office duties only on behalf of the corporation may so act by authority of the corporation licence although not named therein.

   74.  Part XIV of the Act is amended by adding the following section:

Suspension, revocation of licence for failure to pay administrative penalty

   407.1  (1)  The Superintendent may suspend or revoke a licence issued under this Part if the licensee fails to pay an administrative penalty as required under this Act.

Notice

   (2)  The Superintendent shall give written notice to the licensee before exercising the Superintendent’s authority under subsection (1).

Procedural steps not required

   (3)  Subsections 393 (8), (9), (10), (10.1) and (10.2) do not apply to the exercise of the Superintendent’s authority under subsection (1).

Revival of licence

   (4)  If a licence is suspended or revoked under subsection (1), the Superintendent may revive the licence if the licensee pays the administrative penalty.

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

part xviii.1
administrative penalties

Definitions

   441.1  For the purposes of this Part,

“person” has the same meaning as in section 438; (“personne”)

“requirement established under this Act” means,

  (a)  a requirement imposed by a provision of this Act that is prescribed for the purpose of section 441.3 or 441.4 or by a provision of a regulation that is prescribed for the purpose of either of those sections,

  (b)  a condition of a licence,

   (c)  a  requirement imposed by order, or

  (d)  an obligation assumed by way of undertaking. (“exigence établie en vertu de la présente loi”)

Administrative penalties

   441.2  (1)  An administrative penalty may be imposed under section 441.3 or 441.4 for either of the following purposes:

    1.  To promote compliance with the requirements established under this Act.

    2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening or failing to comply with a requirement established under this Act.

Same

   (2)  An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this Act, including an order under section 441, or the suspension, revocation or cancellation of a licence.

General administrative penalties

   441.3  (1)  If the Superintendent is satisfied that a person is contravening or not complying with or has contravened or failed to comply with any of the following, the Superintendent may, by order, impose an administrative penalty on the person in accordance with this section and the regulations:

    1.  A provision of this Act or the regulations as may be prescribed.

    2.  A condition, requirement or obligation described in clause (b), (c) or (d) of the definition of “requirement established under this Act” in section 441.1.

Proposal to impose a penalty

   (2)  If the Superintendent proposes to impose an administrative penalty under this section, the Superintendent shall give written notice of the proposal to the person, including the details of the contravention or failure to comply, the amount of the penalty and the payment requirements; the Superintendent shall also inform the person that he, she or it may request a hearing by the Tribunal about the proposal and shall advise the person about the process for requesting a hearing.

Notice of combined proposals

   (3)  A notice of proposal to impose an administrative penalty under this section may be combined with a notice of proposal authorized by any other section.

Limitation

   (4)  The Superintendent shall not give notice of a proposal more than two years after the day the Superintendent became aware of the contravention or failure to comply.

Hearing requested

   (5)  If the person requests a hearing in writing within 15 days after the notice under subsection (2) is given, the Tribunal shall hold a hearing.

Order

   (6)  Subject to the regulations, the Tribunal may, by order, direct the Superintendent to carry out the proposal, with or without changes, or substitute its opinion for that of the Superintendent.

Hearing not requested

   (7)  If the person does not request a hearing or does not make the request in accordance with subsection (5), the Superintendent may carry out the proposal.

Effect of paying penalty

   (8)  If the person pays the administrative penalty in accordance with the terms of the order or, if the order is varied, in accordance with the terms of the varied order, he, she or it cannot be charged with an offence under this Act in respect of the same contravention or failure to comply.

Summary administrative penalties

   441.4  (1)  If the Superintendent is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a provision of this Act or the regulations as may be prescribed, the Superintendent may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.

Same

   (2)  Before imposing a penalty, the Superintendent shall give the person a reasonable opportunity to make written submissions.

Limitation

   (3)  The Superintendent shall not make an order under this section more than two years after the day the Superintendent became aware of the contravention or failure to comply.

Appeal

   (4)  The person may appeal the Superintendent’s order to the Tribunal in writing within 15 days after the order in subsection (1) is given to the person.

Same

   (5)  An appeal commenced in accordance with subsection (4) operates as a stay of the order until the matter is finally disposed of.

Same

   (6)  The Tribunal may confirm, revoke or vary the order within the limits, if any, established by the regulations.

Effect of paying penalty

   (7)  If the person pays the administrative penalty in accordance with the terms of the order or, if the order is varied, in accordance with the terms of the varied order, he, she or it cannot be charged with an offence under this Act in respect of the same contravention or failure to comply.

Maximum administrative penalties

   441.5  (1)  An administrative penalty imposed under section 441.3 shall not exceed the following amounts:

    1.  For a contravention or failure to comply by a person, other than an individual, $200,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

    2.  For a contravention or failure to comply by an individual, $100,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

Same

   (2)  An administrative penalty imposed under section 441.4 shall not exceed $25,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

Enforcement of administrative penalties

   441.6  (1)  If a person fails to pay an administrative penalty imposed under section 441.3 or 441.4 in accordance with the terms of the order imposing the penalty, the Superintendent may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court.

Same

   (2)  For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order.

Same

   (3)  An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such.

   76.  Subsection 447 (3) of the Act is repealed and the following substituted:

Penalty

   (3)  On conviction for an offence under this Act, the person convicted is liable on a first conviction to a fine of not more than $250,000 and on each subsequent conviction to a fine of not more than $500,000.

Commencement

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

 

schedule 24
interim appropriation for 2012-2013 act, 2012

Interpretation

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

Same

   (2)  In this Act, a reference to the estimates and supplementary estimates for 2012-13 means the estimates and supplementary estimates for the fiscal year ending on March 31, 2013 as tabled in the Assembly on or before March 31, 2013.

Expenses of the public service

   2.  (1)  For the fiscal year ending on March 31, 2013, amounts not exceeding a total of $114,769,152,700 may be paid out of the Consolidated Revenue Fund or recognized as non-cash expenses to be applied to the expenses of the public service that are not otherwise provided for.

Applied in accordance with estimates and supplementary estimates

   (2)  The amounts referred to in subsection (1) must be applied in accordance with the votes and items set out in the estimates and supplementary estimates for 2012-13.

Investments of the public service

   3.  (1)  For the fiscal year ending on March 31, 2013, amounts not exceeding a total of $4,276,703,900 may be paid out of the Consolidated Revenue Fund or recognized as non-cash investments to be applied to the investments of the public service in capital assets, loans and other investments that are not otherwise provided for.

Applied in accordance with estimates and supplementary estimates

   (2)  The amounts referred to in subsection (1) must be applied in accordance with the votes and items set out in the estimates and supplementary estimates for 2012-13.

Expenses of the Legislative Offices

   4.  For the fiscal year ending on March 31, 2013, amounts not exceeding a total of $196,961,600 may be paid out of the Consolidated Revenue Fund to be applied to the expenses of the Legislative Offices that are not otherwise provided for and the money shall be applied in accordance with the votes and items set out in the estimates and supplementary estimates for 2012-13.

Expenditures of the public service

   5.  An expenditure of the public service in the votes and items set out in the estimates and supplementary estimates for 2012-13 may be incurred or recognized by the Crown through any ministry to which, during the fiscal year ending on March 31, 2013, responsibility has been given for the program or activity that includes that expenditure.

Commencement

   6.  The Act set out in this Schedule is deemed to have come into force on April 1, 2012.

Short title

   7.  The short title of the Act set out in this Schedule is the Interim Appropriation for 2012-2013 Act, 2012.

 

Schedule 25
kawartha highlands signature site park act, 2003

   1.  The definition of “management advisory board” in section 1 of the Kawartha Highlands Signature Site Park Act, 2003 is repealed.

   2.  (1)  Section 5 of the Act is amended by adding the following subsection:

Management advisory board ceases to exist

   (4)  The management advisory board ceases to exist on the date determined by the Minister.

   (2)  Section 5 of the Act, as amended by subsection (1), is repealed.

Commencement

   3.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

Same

   (2)  Section 1 and subsection 2 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 26
lakes and rivers improvement act

   1.  (1)  Subsection 15 (1) of the Lakes and Rivers Improvement Act is amended by striking out “approvals under this Part” and substituting “approvals or orders under this Part”.

   (2)  Section 15 of the Act is amended by adding the following subsections:

Performance agreement

   (3)  If the Minister delegates powers or duties under subsection (1), the Minister and the delegate shall enter into a performance agreement setting out measurable performance goals and objectives for the delegate.

Annual performance assessment

   (4)  Every year, the delegate shall prepare a performance assessment demonstrating that the performance goals and objectives set out in the performance agreement are being met.

Failure to meet performance goals, etc.

   (5)  If the Minister believes that a delegate has failed to meet the performance goals and objectives set out in the performance agreement, the Minister shall give the delegate written notice of his or her belief and require that the delegate fulfil the requirements of the performance agreement within such time period as may be specified in the notice.

Failure to comply

   (6)  If a delegate fails to comply with a notice given under subsection (5), the Minister may terminate the performance agreement and revoke the delegation made under subsection (1).

   2.  (1)  Subsection 23.1 (1) of the Act is repealed and the following substituted:

Plans for operation and maintenance

   (1)  If the Minister considers it necessary or expedient for the purposes of this Act, the Minister may order the owner of a dam or other structure or work that has been constructed on a lake or river, or a person who has applied under section 14 or 16 for an approval to construct, alter, improve or repair a dam, other structure or work on a lake or river, to, in accordance with the regulations and with guidelines approved by the Minister,

  (a)  prepare or amend a plan for the operation and maintenance of the existing or proposed dam, other structure or work; or

  (b)  participate in the preparation or amendment of a plan referred to in clause (a).

   (2)  Subsection 23.1 (2) of the Act is amended by striking out “An owner” at the beginning and substituting “A person” and by striking out “management plan” and substituting “plan”.

   (3)  Subsection 23.1 (3) of the Act is amended by striking out “An owner” at the beginning and substituting “A person” and by striking out “management plan” and substituting “plan”.

   (4)  Subsection 23.1 (4) of the Act is amended by striking out “If an owner” at the beginning and substituting “If a person” and by striking out “the owner” and substituting “the person”.

   3.  Clause 28 (2) (b) of the Act is amended by striking out “management plan” and substituting “plan”.

Commencement

   4.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

SCHEDULE 27
land registration reform Act

   1.  The definitions of “Director of Land Registration” and “land registrar” in section 1 of the Land Registration Reform Act are repealed.

   2.  Subsections 8 (3) and (4) of the Act are repealed and the following substituted:

Duties of Director

   (3)  If a set of standard charge terms is filed under subsection (1), the Director shall promptly assign a filing number to the set and advise the person who filed the set of its filing number.

Public inspection

   (4)  Every set of standard charge terms filed under subsection (1) shall be made available to the public in the required manner and upon payment of the required fee on a day not later than 30 days after the day on which the set is filed with the Director.

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

When charge may be registered

   (1)  A charge that refers to a set of standard charge terms filed under subsection 8 (1) by the set’s filing number shall not be registered before a copy of the set is made available to the public.

   4.  (1)  Section 13.1 of the Act is amended by adding the following subsection:

Director’s orders

   (1.1)  The Director may by order,

  (a)  specify the form and manner in which sets of standard charge terms are to be filed with the Director under subsection 8 (1); and

  (b)  specify the manner for making sets of standard charge terms available to the public under subsection 8 (4).

   (2)  Subsection 13.1 (2) of the Act is amended by striking out “by the Minister under subsection (1)” and substituting “under subsection (1) or (1.1)”.

   5.  (1)  Clause 14 (1) (b) of the Act is repealed.

   (2)  Clause 14 (1) (e) of the Act is amended by striking out “land registrar” and substituting “Director”.

   6.  (1)  Subsection 16 (1) of the Act is amended by striking out “of Land Registration”.

   (2)  The French version of subsection 16 (2) of the Act is amended by striking out “directives données” and substituting “arrêtés pris”.

   7.  (1)  The definition of “authorization” in section 17 of the Act is amended by striking out “of Land Registration”.

   (2)  The definition of “Director of Land Registration” in section 17 of the Act is repealed.

   (3)  The definition of “electronic document submitter” in section 17 of the Act is amended by striking out “whom the Director of Land Registration has authorized” and substituting “who has been authorized under this Act”.

   8.  (1)  Subsections 23 (1) and (2) of the Act are amended by striking out “of Land Registration” in each case.

   (2)  Subsection 23 (3) of the Act is repealed and the following substituted:

Registration

   (3)  An electronic document delivered to the electronic land registration database by direct electronic transmission is not registered until it has been certified in the manner that the Director specifies.

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

Notice to registered owner

   (4)  When an electronic document that purports to effect a transfer or charge of land is delivered to the electronic land registration database by direct electronic transmission, the Director may have a notice of the delivery issued to the registered owner of the land by the means that the Director specifies.

   9.  (1)  Subsection 23.1 (1) of the Act is amended by striking out “The Director of Land Registration may, by order” in the portion before clause (a) and substituting “The Director may, by order”.

   (2)  Paragraph 2 of subsection 23.1 (3) of the Act is amended by striking out “of Land Registration”.

   (3)  Subsection 23.1 (4) of the Act is repealed and the following substituted:

Service of order

   (4)  Upon making an order under subsection (1), the Director shall serve it on the electronic document submitter.

   10.  (1)  Subsections 23.2 (1) and (2) of the Act are repealed and the following substituted:

Revoking access to database

   (1)  If the Director has suspended the authorization of an electronic document submitter under section 23.1 and has not withdrawn the suspension under section 23.3, the Director shall, within two business days of the suspension, notify the submitter that he or she proposes to revoke the authorization.

Content of notice

   (2)  The notice of proposal shall set out the reasons for the proposed revocation and shall state that the electronic document submitter is entitled to a hearing by the Director if the submitter serves, within 15 days after service of the notice, a written request for a hearing on the Director.

   (2)  Subsection 23.2 (3) of the Act is amended by striking out “of Land Registration”.

   (3)  Subsection 23.2 (4) of the Act is amended by striking out “Director of Land Registration may by order” in the portion before clause (a) and substituting “Director may by order”.

   (4)  The English version of clause 23.2 (4) (a) of the Act is amended by striking out “that Director” in the portion before subclause (i) and substituting “the Director”.

   (5)  The following provisions of the Act are amended by striking out “of Land Registration” in each case:

    1.  Subsection 23.2 (5).

    2.  Subsection 23.2 (6).

   (6)  Subsection 23.2 (7) of the Act is amended by striking out “that Director” and substituting “the Director”.

   (7)  Subsection 23.2 (8) of the Act is repealed and the following substituted:

Request for information

   (8)  The Director may request the electronic document submitter to provide to the Director, in the form and within the time specified by the Director, proof of the submitter’s authorization and any other evidence that the Director specifies.

   (8)  Subsection 23.2 (9) of the Act is amended by striking out “Director of Land Registration may by order” in the portion before clause (a) and substituting “Director may by order”.

   (9)  The English version of clause 23.2 (9) (b) of the Act is amended by striking out “that Director” in the portion before subclause (i) and substituting “the Director”.

   (10)  Subsection 23.2 (10) of the Act is repealed and the following substituted:

Appeal

   (10)  A party to the proceeding may appeal an order mentioned in subsection (4) or (9) to the Divisional Court, which may confirm the order or may order the Director to change the order or to make whatever other order the court thinks fit.

   11.  (1)  Subsection 23.3 (1) of the Act is repealed and the following substituted:

Withdrawal of suspension

   (1)  At any time after suspending the authorization of an electronic document submitter under section 23.1, the Director may, by order and without holding a hearing, withdraw the suspension if the Director has not revoked the authorization under section 23.2 and if the Director considers it in the public interest to withdraw the suspension.

   (2)  Subsection 23.3 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Service of order

   (2)  If the Director makes an order under subsection (1) withdrawing a suspension of an authorization of an electronic document submitter,

.     .     .     .     .

   (3)  The English version of clause 23.3 (2) (a) of the Act is amended by striking out “of Land Registration”.

   (4)  Clause 23.3 (2) (b) of the Act is repealed and the following substituted:

  (b)  the Director shall serve the order on the submitter.

   12.  (1)  Subsection 23.4 (1) of the Act is repealed and the following substituted:

Application for reinstatement

   (1)  Within a time period specified by the Director after the authorization of an electronic document submitter is revoked under section 23.2, the submitter may apply to have the Director reinstate the authorization.

   (2)  Subsections 23.4 (2), (3) and (4) of the Act are amended by striking out “of Land Registration” in each case.

   13.  Subsection 24 (1) of the Act is repealed and the following substituted:

Supporting evidence

   (1)  If a document is submitted in an electronic format and is required under any Act to include an affidavit, a declaration, a statement or any other written evidence, the evidence shall also be in an electronic format and shall be included in the manner approved by the Director.

   14.  Section 25 of the Act is repealed.

   15.  (1)  Subsection 27 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Certified copies

   (1)  The Director may authorize persons to,

.     .     .     .     .

   (2)  Subsection 27 (2) of the Act is repealed and the following substituted:

Same

   (2)  A copy of an electronic document or record shall be certified in the manner specified by the Director.

   16.  Section 29 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Director’s regulations

   29.  The Director may, by regulation,

.     .     .     .     .

   17.  Section 29.1 of the Act is repealed and the following substituted:

Director’s orders

   29.1  (1)  The Director may, by order,

  (a)  authorize persons or classes of persons to submit documents in an electronic format and establish conditions and requirements for becoming an authorized person;

  (b)  authorize persons or classes of persons to deliver electronic documents by direct electronic transmission and establish conditions and requirements for becoming an authorized person;

   (c)  establish the manner in which persons who are authorized to deliver electronic documents by direct electronic transmission shall access the electronic land registration database and establish the manner in which authorization shall be assigned to them for that purpose;

  (d)  specify the manner of certifying an electronic document for the purpose of subsection 23 (3) or a copy of an electronic document or record for the purpose of subsection 27 (2);

  (e)  provide for the locations from which the electronic records may be accessed and the time and manner in which they may be accessed;

    (f)  authorize persons or classes of persons to search the electronic records and establish conditions and requirements for becoming an authorized person.

Not regulations

   (2)  An order made by the Director under this Part is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

   18.  (1)  Subsection 29.2 (1) of the Act is amended by striking out “of Land Registration” in the portion before clause (a).

   (2)  The French version of subsection 29.2 (1) of the Act is amended by striking out “directives” and substituting “arrêtés”.

   (3)  The French version of subsection 29.2 (2) of the Act is amended by striking out “la directive” and substituting “l’arrêté”.

   19.  Clauses 30 (1) (b), (c) and (d) of the Act are repealed and the following substituted:

  (b)  prescribing the electronic records to be maintained;

   (c)  respecting the custody, disposition and destruction of electronic documents and of written documents that have been registered in an electronic format;

Ministry of Government Services Consumer Protection and Service Modernization Act, 2006

   20.  Subsection 14 (3) of the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 is repealed.

Commencement

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

Same

   (2)  Section 20 comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

SCHEDULE 28
land titles Act

   1.  (1)  Section 1 of the Land Titles Act is amended by adding the following definition:

“Director” means the Director of Titles appointed under subsection 9 (1); (“directeur”)

   (2)  The definition of “land registrar” in section 1 of the Act is repealed.

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

“Minister” means the Minister of Government Services or whatever other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

   2.  Section 2 of the Act is repealed.

   3.  (1)  Clause 3 (2) (c) of the Act is repealed and the following substituted:

   (c)  make any change in the boundaries of the land titles divisions.

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

Same

   (3)  No alteration in the boundaries of any riding, electoral district or municipality alters or affects the boundaries of any land titles division.

   4.  Sections 4 and 5 of the Act are repealed.

   5.  Sections 7 and 8 of the Act are repealed and the following substituted:

Recording instruments

   7.  Upon receiving an instrument for registration or deposit, it shall be recorded in the manner approved by the Director.

   6.  Subsection 9 (2) of the Act is repealed and the following substituted:

Duties

   (2)  The Director has general supervision and control over the land titles system and shall perform all other duties that the Minister requires.

Representative

   (3)  The Director may appoint any person as his or her representative and may delegate in writing any or all of the Director’s powers and duties under this or any other Act to a representative, subject to the restrictions set out in the delegation.

   7.  (1)  Subsection 10 (1) of the Act is amended by striking out “of Titles”.

   (2)  Subsection 10 (3) of the Act is repealed and the following substituted:

Hearing before Director

   (3)  Before determining any matter under subsection (1), the Director may hold a hearing.

   (3)  Subsection 10 (4) of the Act is amended by striking out “of Titles”.

   (4)  Subsections 10 (5), (6) and (7) of the Act are repealed and the following substituted:

Notices of hearing

   (5)  The Director shall serve or cause to be served notices of a hearing to be held by the Director under this Act.

Registration of order of Director

   (6)  At the request of the Director, any order of the Director shall be registered without fee and all entries and amendments required by the order shall be made in the register of the title of the land affected by the order.

First registration

   (7)  The Director shall perform all functions relating to the first registration of land under this Act that are required.

   8.  Section 11 of the Act is repealed.

   9.  Section 12 of the Act is repealed and the following substituted:

Disputes as to fees

   12.  (1)  If a dispute arises in regard to any question of fees under this Act,

  (a)  the dispute shall be submitted to the Director;

  (b)  notice of the submission shall be sent to the person interested or the person’s agent; and

   (c)  the decision of the Director on the question submitted is final, unless appealed from and varied upon appeal.

Reduction of fees

   (2)  If, in the opinion of the Director, a fee payable under this Act is unduly excessive, having regard to all the circumstances, the Director may reduce the fee to the amount that the Director considers appropriate.

Decisions and appeal

   (3)  All decisions given by the Director under this section shall be in writing and may be appealed to the Divisional Court in accordance with the rules of court.

   10.  The following provisions of the Act are amended by striking out “of Titles” wherever that expression appears:

    1.  Subsection 14 (3).

    2.  Section 15 in the portion before clause (a).

    3.  The English version of clause 15 (a).

   11.  (1)  Subsections 18 (1) to (5) of the Act are repealed and the following substituted:

Time for registration of instruments

   (1)  The Director may by order specify the days and hours during which instruments may be received for registration; no instruments may be received for registration outside those days and hours except if,

  (a)  the Director by order specifies that instruments may be received for registration outside those days and hours; and

  (b)  the registrations are made in accordance with the conditions, if any, set out in the Director’s order mentioned in clause (a).

   (2)  Subsections 18 (6) and (7) of the Act are amended by striking out “of Land Registration” wherever that expression appears.

   12.  Section 19 of the Act is amended by striking out “of Titles”.

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

   (2)  Subsections 20 (2) and (3) of the Act are amended by striking out “He or she” wherever that expression appears and substituting in each case “The Director”.

   (3)  Subsections 20 (4) and (5) of the Act are amended by striking out “of Titles” wherever that expression appears.

   14.  Sections 21, 22 and 23 of the Act are repealed and the following substituted:

Director’s powers in case of doubt

   21.  (1)  If, upon the examination of a title or upon an application with respect to registered land, the Director entertains a doubt as to any matter of law, he or she may state a case for the opinion of the Divisional Court and may name the parties to it.

Same, matter of fact

   (2)  If, upon the examination of a title or upon an application with respect to registered land, the Director entertains a doubt as to any matter of fact, he or she may direct an issue to be tried for the purpose of determining the matter.

Administration of oaths

   22.  The Director and any representative whom the Director specifies may administer an oath for any purpose of this Act.

Inhibiting of registered dealings

   23.  (1)  Upon the application of any person interested in relation to any registered land or charge, the court or the Director may issue an order inhibiting any dealing with the registered land or charge after,

  (a)  directing that all inquiries, if any, be made and all notices be given as the court or the Director, as the case may be, considers necessary or expedient; and

  (b)  hearing the persons that the court or the Director, as the case may be, considers necessary or expedient.

Manner of application

   (2)  The application shall be made in the manner required by the court or the Director, as the case may be.

Duration of inhibition

   (3)  The order may inhibit the dealing for a time or until the occurrence of an event named in the order or generally until further order.

Registration of order

   (4)  The order shall be registered on title to the land affected by the order.

Not regulations

   (5)  An order that the Director makes under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

   15.  Subsection 25 (2) of the Act is amended by striking out “land registrar” and substituting “Director”.

   16.  Section 26 of the Act is amended by striking out “the Director of Land Registration or the Director of Titles” and substituting “the Director”.

   17.  Subsection 28 (2) of the Act is amended by striking out “the Director of Titles or of the land registrar” and substituting “the Director”.

   18.  Subsections 30 (1) and (5) of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   19.  (1)  Subsection 31 (1) of the Act is amended by striking out “land registrar” and substituting “Director”.

   (2)  Subsection 31 (4) of the Act is repealed.

   (3)  Subsection 31 (5) of the Act is repealed and the following substituted:

Registration fees

   (5)  The Minister may determine the amount of fees to be paid on an application under this section.

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

Power to register land to which Registry Act applies

   (1)  Subject to the regulations or the orders made under subsection (4), the Director may register under this Act any land to which the Registry Act applies, including land owned by the Crown in right of Canada or Ontario in respect of which evidence of the ownership has been registered under that Act.

Discretion re quality of title

   (2)  A parcel of land may be registered under this section with an absolute, possessory, qualified or leasehold title, according to the circumstances, as appears most appropriate to the Director.

   (2)  Subsections 32 (4) and (5) of the Act are amended by striking out “of Titles” wherever that expression appears.

   21.  (1)  Subsection 33 (1) of the Act is repealed and the following substituted:

Registration of Crown grant

   (1)  A Crown grant received under section 37 of the Public Lands Act shall be registered if it meets the requirements for registration specified by the Director.

   (2)  Subsection 33 (2) of the Act is amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   (3)  Subsection 33 (3) of the Act is repealed and the following substituted:

Registration if there is a contest

   (3)  If there is no contest as to the rights of the parties, the requisite entry may be made and the certificate issued, but if there is such a contest, the Director shall determine the issue before registering the patentee as owner.

   (4)  Subsection 33 (4) of the Act is amended by striking out “land registrar” and substituting “Director”.

   22.  Section 34 of the Act is repealed and the following substituted:

Registration of federal patentees

   34.  If land patented by the Government of Canada has not been registered under this Act or the Registry Act and the patentee applies for registration within five years after the date of the patent, the Director has authority to register the patentee as owner of the land.

   23.  (1)  Section 35 of the Act is amended by striking out “land registrar” in the portion before clause (a) and substituting “Director”.

   (2)  Clause 35 (a) of the Act is amended by striking out “the land registrar made the entry” and substituting “the land is located”.

   24.  Subsection 36 (2) of the Act is amended by striking out “of Titles”.

   25.  Subsection 37 (1) of the Act is repealed and the following substituted:

Registration of qualified title

   (1)  If, on the examination of the title, it appears to the Director that the title can be established only for a limited period or subject to certain reservations, land may be registered subject to an entry in the register excepting from the effect of registration any estate, right or interest, including ownership, that arises before a specified date or under a specified instrument or that is otherwise particularly described in the register in the manner approved by the Director.

   26.  (1)  Subsection 38 (1) of the Act is amended by striking out “land registrar” in the portion after clause (c) and substituting “Director”.

   (2)  Subsections 38 (2) and (2.1) of the Act are repealed and the following substituted:

Deposit of lease

   (2)  Every applicant for registration of leasehold land shall deposit the documents that the Director specifies.

Reference to “registered lease”

   (2.1)  A reference in this Act to a “registered lease” is a reference to a document deposited under subsection (2).

   (3)  Subsection 38 (4) of the Act is amended by striking out “in the prescribed manner” and substituting “in the manner specified by the Director”.

   (4)  Subsection 38 (7) of the Act is repealed and the following substituted:

Evidence of title required on application

   (7)  An applicant or the applicant’s nominee shall not be registered as owner of leasehold land until the title to the land is approved in the manner specified by the Director.

Registration with declaration of title

   (8)  An applicant or the applicant’s nominee who applies to be registered as owner of leasehold land with a declaration of the title of the lessor to grant the lease under which the land is held shall not be registered with the declaration until the lessor, after an examination of the lessor’s title in the manner specified by the Director, is declared to have had an absolute or qualified title to grant the lease under which the land is held.

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

Registration of easements, mining rights

   (1)  In the same manner and with the same incidents in and with which this Act empowers the registration of the owner of land, or as near to that as circumstances admit, the Director may register the owner of,

  (a)  any incorporeal hereditament of freehold tenure enjoyed in gross; or

  (b)  any mines or minerals where the ownership of them has been severed from the ownership of the land.

   (2)  Subsections 39 (2) and (3) of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   (3)  Subsection 39 (4) of the Act is repealed and the following substituted:

Notice of easement

   (4)  If the existence of an easement is proved in the manner specified by the Director, notice of the easement may be entered on the register.

   28.  (1)  Section 41 of the Act is amended by striking out “in the prescribed manner” in the portion before paragraph 1 and substituting “in the manner approved by the Director”.

   (2)  Paragraph 1 of section 41 of the Act is amended by striking out “land registrar” and substituting “Director”.

   (3)  Paragraph 2 of section 41 of the Act is repealed and the following substituted:

    2.  The Director has jurisdiction to hear and determine any objections, subject to an appeal to the Divisional Court in the manner and on the conditions specified by the Director.

   (4)  Paragraphs 3, 4, 5, 6 and 7 of section 41 of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

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

Caution against registration of land

   (1)  A person having or claiming an interest in unregistered land that entitles the person to object to any disposition of the land being made without the person’s consent may apply to the Director for the registration of a caution to the effect that the cautioner is entitled to notice of any application that is made for the registration of the land.

Notice

   (1.1)  The notice shall be in the form and shall be served in the manner that the Director requires.

   (2)  Subsection 43 (3) of the Act is amended by striking out “land registrar” and substituting “Director”.

   (3)  Subsection 43 (4) of the Act is amended by striking out “the prescribed time” and substituting “the time specified in the notice”.

   30.  Subsection 44 (3) of the Act is amended by striking out “with the land registrar”.

   31.  (1)  Subsection 46 (2) of the Act is amended by striking out “land registrar” and substituting “Director”.

   (2)  Subsection 46 (3) of the Act is repealed and the following substituted:

Forms and procedure

   (3)  The applicant shall complete the forms for the application that the Director requires and comply with the procedure that the Director specifies.

   (3)  Subsection 46 (4) of the Act is amended by striking out “of Titles”.

   (4)  Subsection 46 (5) of the Act is repealed and the following substituted:

Time of registration

   (5)  An application under subsection (2) shall not be granted unless,

  (a)  all objections have been withdrawn or have been finally disposed of; and

  (b)  the Director is satisfied that the estate, right or interest in respect of which the title is qualified is no longer capable of enforcement, or is prepared to accept a bond or covenant from the applicant in accordance with section 55.

   32.  Subsections 47 (2) and (3) of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   33.  Subsection 50 (1) of the Act is repealed and the following substituted:

Lessor’s qualified title

   (1)  If, on the examination of the title of a lessor, it appears to the Director that the title of the lessor to grant the lease under which the land is held can be established only for a limited period or subject to certain reservations, an entry may be made in the register excepting from the effect of registration any estate, right or interest that arises before a specified date or under a specified instrument or that is otherwise particularly described in the register in the manner approved by the Director, and the title of a lessor subject to such excepted estate, right or interest shall be deemed to be a qualified title.

   34.  Section 52 of the Act is repealed and the following substituted:

No further application of Registry Act

   52.  Upon registration of land under this Act, the Registry Act ceases to apply to the land except to the extent specified on the parcel register.

   35.  Section 55 of the Act is amended by striking out “land registrar” and substituting “Director”.

   36.  The following provisions of the Act are amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”:

    1.  Subsection 56 (1) in the portion before clause (a).

    2.  Subsections 56 (2), (3), (4) and (5).

   37.  (1)  Subsection 57 (2) of the Act is amended by striking out “land registrar” and substituting “Director”.

   (2)  The following provisions of the Act are amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”:

    1.  Subclause 57 (4.1) (a) (i).

    2.  Clause 57 (4.2) (a).

    3.  Subsection 57 (6).

   (3)  Subsection 57 (7) of the Act is repealed and the following substituted:

Hearing

   (7)  Except if he or she determines the claim be paid in full, the Director may hold a hearing, and the claimant and the other persons that the Director specifies are parties to the proceeding before the Director.

   (4)  The following provisions of the Act are amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”:

    1.  Subsections 57 (8), (9), (10), (11), (11.1), (12) and (12.1).

    2.  Subsection 57 (13) in the portion before clause (a).

   (5)  Clause 57 (13) (b) of the Act is repealed and the following substituted:

  (b)  the Director or a court, as the case may be, is satisfied, on the basis of evidence that the Director specifies or the court orders, that a fraudulent instrument has been registered on or after October 19, 2006; or

   (6)  Subsection 57 (14) of the Act is amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”.

   (7)  Subsections 57 (15) and (16) of the Act are repealed and the following substituted:

Caution in case of fraud

   (15)  If it appears to the Director that a registered instrument may be fraudulent, the Director may of his or her own accord and without affidavit require that a caution be entered to prevent dealing with the registered land.

Hearing

   (16)  If the Director required the entry of a caution under subsection (15), the Director may hold a hearing before making any rectification of the register under subsection (13) and subsections 10 (4), (5) and (6) apply to the hearing.

   (8)  Subsections 57 (17) and (19) of the Act are amended by striking out “Director of Titles” wherever that expression appears and substituting in each case “Director”.

   38.  (1)  Clause 59 (1) (a) of the Act is amended by striking out “the land registrar had not actual notice” and substituting “the Director did not have actual notice”.

   (2)  Clause 59 (1) (b) of the Act is repealed and the following substituted:

where claimant had notice of registration proceeding

  (b)  where the claimant had been served with a notice of a proceeding, whether the proceeding was commenced prior or subsequent to first registration, and,

           (i)  the claimant has failed to act in accordance with the requirements of the notice, or

          (ii)  the claimant has acted in accordance with the requirements of the notice, the Director has adjudicated against the claimant and the claimant has failed to prosecute successfully an appeal against the adjudication;

   39.  The definition of “inspector” in subsection 59.1 (1) of the Act is repealed and the following substituted:

“inspector” means the Director or a person designated in writing by the Director when exercising any of the powers set out in this section.

   40.  Subsection 60 (1) of the Act is amended by striking out “land registrar” and substituting “Director”.

   41.  Clause 61 (2) (a) of the Act is repealed and the following substituted:

  (a)  transfer or charge a specified share in the land or transfer a share in the charge, as the case may be, if the Director is satisfied, by an affidavit of all co-owners or other evidence setting out the percentage or fractional interest that belongs to the transferor or chargor, that the transferor or chargor has a sufficient interest to transfer or charge the share; or

   42.  Subsection 64 (2) of the Act is amended by striking out “upon proof of entitlement satisfactory to the land registrar, may be registered” and substituting “may, upon proof of entitlement satisfactory to the Director, be registered”.

   43.  Section 66 of the Act is repealed and the following substituted:

Right of transferees and chargees to registration

   66.  (1)  Every transfer or charge signed by a registered owner, or others claiming by transfer through or under a registered owner, purporting to transfer or charge freehold or leasehold land, or an interest in that land, capable of being registered, or purporting to transfer a charge, shall, until cut out by a conflicting registration, confer upon the person intended to take, under the transfer or charge, a right to be registered as the owner of the land or charge.

Registration

   (2)  If the Director considers it expedient, a person who applies to be registered under this section may be registered as owner forthwith or after giving the notice that the Director requires, subject to the encumbrances, if any, that the condition of the title requires, although the transfer or charge has been executed or bears a date that predates the entry of the transferor or chargor as the owner of the land or charge.

   44.  (1)  Subsection 70 (2) of the Act is amended by striking out “in the prescribed manner” at the end and substituting “in the manner specified by the Director”.

   (2)  Subsection 70 (3) of the Act is amended by striking out “filed with the land registrar” and substituting “registered”.

   45.  Subsections 71 (1) and (1.1) of the Act are amended by striking out “of Titles” wherever that expression appears.

   46.  Subsection 73 (3) of the Act is repealed and the following substituted:

If no guardian

   (3)  If a minor or a mentally incapable person has no guardian of property, the Children’s Lawyer or a person appointed by a court has power to act under subsections (1) and (2).

   47.  Section 74 of the Act is repealed.

   48.  Section 75 of the Act is amended by striking out “land registrar” and substituting “Director”.

   49.  Section 76 of the Act is amended by striking out “the land registrar may require such proof as he or she considers sufficient, or as is specified by the Director of Titles, of compliance” and substituting “the Director may require proof of compliance”.

   50.  Subsection 77 (1) of the Act is amended by striking out “to the land registrar”.

   51.  (1)  Subsections 78 (1) and (2) of the Act are repealed and the following substituted:

Registration

   (1)  The day, hour and minute of the receipt of each instrument presented for registration and of each copy of a writ or lien received under section 136 shall be noted on it by the person receiving the instrument or copy for registration.

Order of registration

   (2)  Subject to the regulations, an instrument received for registration shall be registered in the order of time in which it is so received unless, before registration is completed,

  (a)  the applicant withdraws it; or

  (b)  the Director notifies the parties or their solicitors within 21 days after it is received that,

           (i)  it contains a material error, omission or deficiency,

          (ii)  there is evidence lacking that the Director requires, or

         (iii)  the registration is declined for any other reason.

Notice

   (2.1)  The Director shall allow a period of not less than seven and not more than 30 days from the date of the notice for correction of the error, omission or deficiency or for furnishing evidence.

Correction made

   (2.2)  If the error, omission or deficiency is corrected or evidence is furnished within the time allowed by the notice, the instrument has priority as if it had been correct in the first instance.

No correction made

   (2.3)  If, within the time allowed by the notice, the error, omission or deficiency is not corrected or evidence is not furnished or if the person desiring registration fails to appeal successfully from the decision, the Director may proceed with other registrations affecting the land as if the instrument had not been presented for registration, and the Director shall be deemed not to be affected with notice of the contents of the instrument.

   (2)  Subsection 78 (3) of the Act is amended by striking out “in the prescribed manner by the land registrar, deputy or assistant deputy land registrar” and substituting “in the manner specified by the Director”.

   (3)  Subsection 78 (6) of the Act is amended by striking out “in the prescribed form” and substituting “in the required form”.

   52.  Section 80 of the Act is amended by striking out “land registrar” and substituting “Director”.

   53.  Sections 81 and 82 of the Act are repealed and the following substituted:

No registration or recording in certain cases

   81.  (1)  An instrument may be refused for registration if,

  (a)  it is wholly or partly illegible or unsuitable for recording in an electronic format; or

  (b)  in the opinion of the Director, it contains or has attached to it material that does not affect or relate to an interest in land.

Same, part of an instrument

   (2)  A part of a registered instrument may be refused for registration if the part does not, in the opinion of the Director, affect or relate to an interest in land.

Registration of instruments not in required form

   82.  If an instrument made in accordance with the forms in use or sufficient to pass an estate or interest in land under the Registry Act deals with land under this Act, it may, in the discretion of the Director, be accepted for registration under this Act and, when so registered, it has the same effect as if made in the required form.

   54.  (1)  Subsection 86 (1) of the Act is amended by striking out “thereof in the prescribed manner” at the end and substituting “of land in the manner specified by the Director”.

   (2)  Subsection 86 (2) of the Act is amended by striking out “by the land registrar entering on the register” and substituting “by the entry on the register of”.

   55.  Subsection 92 (3) of the Act is amended by striking out “in the prescribed form” and substituting “in the required form”.

   56.  (1)  Subsection 93 (1) of the Act is amended by striking out “in the prescribed manner” and substituting “in the required manner”.

   (2)  Subsection 93 (8) of the Act is amended by striking out “in the prescribed form” at the end and substituting “in the required form”.

   57.  (1)  Subsections 99 (1) and (1.1) of the Act are amended by striking out “of Titles” wherever that expression appears.

   (2)  Subsection 99 (2) of the Act is repealed and the following substituted:

Effect of sale by chargee

   (2)  Upon the registration of a transfer under subsection (1) and upon evidence satisfactory to the Director being produced, the entry of an instrument or writ appearing to rank subsequent to the charge under which the land is sold may be deleted from the register and in that case the interest of every person claiming under the subsequent instrument or writ ceases to affect the land.

   58.  (1)  Subsection 101 (1) of the Act is amended by striking out “in the prescribed manner” and substituting “in the required manner”.

   (2)  Subsection 101 (2) of the Act is repealed and the following substituted:

Entry on register

   (2)  The transfer shall be completed by the entry on the register of the transferee as owner of the charge transferred.

   59.  Subsections 102 (1), (2) and (3) of the Act are repealed and the following substituted:

Cessation of encumbrance

   (1)  A cessation of a charge on land may be noted on the register in the required manner,

  (a)  on the requisition of the registered owner of the land and upon proof satisfactory to the Director that the charge has been satisfied; or

  (b)  on the requisition of the registered owner of the charge or of the personal representative of that owner and upon proof satisfactory to the Director that the charge has been satisfied.

Effect

   (1.1)  A charge on land ceases when a cessation of the charge is noted on the register.

Other encumbrances

   (2)  The cessation of any other encumbrance may be noted in like manner and with the like effect.

Partial cessation of charge

   (3)  A cessation of a registered charge on land may be noted on the register for part of the land in the required manner on the requisition or certificate of the registered owner of the charge or of the personal representative of that owner authorizing or certifying the discharge of that part of the land from the charge and when the cessation is so noted, the charge ceases as to that part of the land.

   60.  Subsections 103 (1) and (2) of the Act are repealed and the following substituted:

Cessation of encumbrance existing at first registration

   (1)  If, upon the first registration of land, notice of an encumbrance affecting the land has been entered on the register and proof satisfactory to the Director of the discharge of the encumbrance has been provided, the cessation of the encumbrance shall be noted in the required manner on the register and in that case the encumbrance ceases.

Discharge noted on requisition of mortgagee

   (2)  On the requisition or certificate of a mortgagee whose mortgage was entered on the register on the first registration of the land, or of the registered assignee of the mortgagee or of the personal representative of the mortgagee or assignee, authorizing or certifying the discharge of the whole or a part of the land from the mortgage or the discharge of the whole or a part of the money secured by the mortgage, the discharge of the whole or a part of the land from the mortgage or the discharge of the part of the money may be noted on the register and in that case, the encumbrance ceases as to the land or money discharged.

   61.  Section 104 of the Act is repealed and the following substituted:

Cancellation of lien

   104.  If it appears to the satisfaction of the Director that a lien under the Construction Lien Act or the Mechanics’ Lien Act, being chapter 261 of the Revised Statutes of Ontario, 1980, has ceased to exist, an entry may be made in the register cancelling the claim and in that case, the claim ceases to affect the land.

   62.  (1)  Subsection 105 (1) of the Act is amended by striking out “in the prescribed manner” and substituting “in the manner specified by the Director”.

   (2)  Subsection 105 (2) of the Act is amended by striking out “by the land registrar entering on the register the transferee” and substituting “by the entry on the register of the transferee”.

   63.  (1)  Subsections 111 (1) and (2) of the Act are repealed and the following substituted:

Registration of notice of lease

   (1)  A lessee or other person entitled to or interested in a lease or agreement for a lease of registered land may apply to the Director to register notice of the lease or agreement in the required manner.

Lease by registered owner

   (2)  Where the lease is by the registered owner of the land, notice of it as specified by the Director may be entered on the register without notice to the registered owner.

   (2)  The following provisions of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”:

    1.  Subsection 111 (3).

    2.  Subsection 111 (4) in the portion before clause (a).

    3.  Subsection 111 (5).

   64.  Section 112 of the Act is repealed and the following substituted:

Determination of lease existing at first registration

   112.  Upon proof satisfactory to the Director of the determination of a lease of registered land existing at first registration, the determination of the lease shall be noted on the register.

   65.  (1)  Subsection 118 (1) of the Act is amended by striking out “land registrar to make an entry” in the portion before paragraph 1 and substituting “Director for an entry to be made”.

   (2)  Paragraph 1 of subsection 118 (1) of the Act is repealed and the following substituted:

    1.  Notice of an application for a transfer or for the creation of a charge is sent in the manner required by the Director to the persons who the registered owner specifies in the application.

   (3)  Paragraph 3 of subsection 118 (1) of the Act is amended by striking out “land registrar” and substituting “Director”.

   (4)  Subsection 118 (2) of the Act is repealed and the following substituted:

Entry on register

   (2)  If the Director is satisfied of the right of the applicant to impose the restrictions, they shall be noted on the register and no transfer shall be made or charge created except in conformity with them.

   (5)  Subsection 118 (3) of the Act is amended by striking out “land registrar” and substituting “Director”.

   66.  (1)  Subsections 119 (1), (2) and (3) of the Act are repealed and the following substituted:

Conditions, restrictions, etc.

   (1)  Upon the application of the owner of land that is being registered or of the registered owner of land, the following conditions or restrictions may be registered as annexed to the land:

    1.  A condition or restriction that the land or a specified part of it is not to be built upon or is to be or is not to be used in a particular manner.

    2.  Any other condition or restriction running with or capable of being legally annexed to land.

Same, on transfer

   (2)  The following conditions, restrictions or covenants may be registered as annexed to registered land:

    1.  A condition, restriction or covenant that is included in a transfer of the land that the land or a specified part of it is not to be built upon or is to be or is not to be used in a particular manner.

    2.  Any other condition, restriction or covenant that is included in a transfer of the land and that runs with or is capable of being legally annexed to land, as the Director specifies.

Registration of covenants, on application

   (3)  Upon the application of the owner of land that is being registered or of the registered owner of land, the following covenants may be registered as annexed to the land:

    1.  A covenant that the land or a specified part of it is not to be built upon or is to be or is not to be used in a particular manner.

    2.  Any other covenant running with or capable of being legally annexed to land, as the Director specifies.

   (2)  Subsection 119 (7) of the Act is amended by striking out “but the land registrar may, upon a special application, enter the condition or covenant either in addition to or in lieu of the condition or covenant first mentioned” at the end and substituting “but the condition or covenant may, upon application, be entered on the register either in addition to or in lieu of the condition or covenant first mentioned as the Director specifies”.

   (3)  Subsection 119 (8) of the Act is repealed and the following substituted:

Removal of entry of condition or covenant from register

   (8)  Where a condition or covenant has been entered on the register as annexed to or running with land for a fixed period and the period has expired, the entry may be removed from the register at any time after 10 years from the expiration of the period.

   (4)  Subsection 119 (9) of the Act is amended by striking out “by the land registrar” at the end.

   67.  Sections 119.1 and 120 of the Act are repealed and the following substituted:

Notice re dower

   119.1  (1)  A person entitled to an estate in dower in registered land may apply, in the manner specified by the Director, to register notice of the estate and, upon evidence satisfactory to the Director, the notice shall be registered in the required form.

Effect of registration

   (2)  When the notice is registered, the estate is an encumbrance appearing on the register and shall be dealt with accordingly.

Death of Registered Owner

Transmission on death of owner of freehold land

   120.  (1)  On the death of the sole registered owner or of the survivor of several joint registered owners of freehold land and on the application of any person interested in the land, the person whom the Director specifies shall be registered as owner in the place of the deceased owner or owners.

Factors to consider

   (2)  In specifying a person for the purpose of the registration, the Director shall have regard to the rights of the several persons interested in the land and in particular to the selection of any person who, for the time being, appears to the Director to be entitled according to law to be so specified.

Appeal

   (3)  A person aggrieved by an order of the Director made under this section may appeal it to the Divisional Court in the required manner.

   68.  Section 123 of the Act is amended by striking out “the land registrar may, upon receipt of an application containing the evidence specified by the Director of Titles, delete the name of the deceased owner from the parcel register” at the end and substituting “the name of the deceased owner may be deleted from the register upon receipt of an application containing the evidence specified by the Director”.

   69.  Section 124 of the Act is amended by striking out “of Titles”.

   70.  Section 125 of the Act is repealed and the following substituted:

Entry of owner without reference to debts

   125.  If land has been transferred to a person beneficially entitled to it within three years after the death of the registered owner or has become vested in the person beneficially entitled to it under the Estates Administration Act, the following may be done upon application and the production of evidence specified by the Director showing that all debts of the deceased registered owner have been paid and that creditors have been notified:

    1.  The reference to the unpaid debts of the deceased registered owner may be deleted from the register if the person beneficially entitled to the land is shown on the register as owner of the land and the register shows that the land is subject to the unpaid debts.

    2.  The person beneficially entitled to the land may be registered without reference to the unpaid debts of the deceased registered owner.

   71.  Subsection 127 (2) of the Act is repealed and the following substituted:

Mode of entry

   (2)  On registering the applicant, the Director shall, so far as practicable, enter on the register short particulars of every instrument or other title under which the right is conferred, as if the instrument had been duly presented for registration or application for entry of transmission had been made in the proper order of time.

Preliminary step to registration

   (2.1)  As a preliminary step to the registration of the applicant, an intermediate transferee, heir, executor, administrator or estate trustee may be entered as registered owner if that method is more convenient.

   72.  Subsections 128 (1) and (2) of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   73.  (1)  Subsection 129 (1) of the Act is repealed and the following substituted:

Cautions

   (1)  After a caution has been registered, no dealing with the land or charge against which the caution is registered shall be registered without the consent of the cautioner.

   (2)  Subsection 129 (3) of the Act is amended by striking out “the land registrar, to have the land registrar delete the entry of the caution” and substituting “the Director, to have the entry of the caution deleted”.

   (3)  Subsection 129 (5) of the Act is repealed and the following substituted:

Consent of cautioner not required

   (5)  Subject to the requirements specified by the Director, the consent of a cautioner is not required if,

  (a)  the dealing proposed to be registered is under the authority of a judgment or order of the court in a proceeding to which the cautioner is a party;

  (b)  the dealing is under a power of sale contained in a charge or mortgage that is prior to the title under which the cautioner claims, the cautioner has been served with a notice of the proposed exercise of the power of sale and the caution is not in respect of the exercise of the power of sale;

   (c)  the dealing is of such a nature that it cannot detrimentally affect the interest of the cautioner as claimed in the affidavit filed with the caution; or

  (d)  the transferee, chargee or other person desiring the registration of the dealing is willing that it should be registered subject to the continuance of the caution and the Director thinks fit to register it.

Continuance of caution

   (5.1)  If a caution is continued, the continuance prevents further registrations of dealings by the registered owner until the consent of the cautioner is obtained, unless this section provides otherwise.

   (4)  Subsection 129 (6) of the Act is amended by striking out “land registrar” and substituting “Director”.

   (5)  Subsection 129 (7) of the Act is repealed and the following substituted:

Deletion from register

   (7)  The entry of a caution shall be deleted from the register as soon as practicable when,

  (a)  the caution ceases to have effect; or

  (b)  a withdrawal of the caution in the required form is received.

   74.  Sections 130 and 131 of the Act are repealed and the following substituted:

Second caution

   130.  A second caution by the same cautioner or by any other person in respect of the same matter shall not be registered or have any effect except with the approval of the Director, which may be given either upon terms or without terms as the Director considers proper.

Caution to be supported by affidavit

   131.  Every caution shall be supported by an affidavit in the required form or a statement in a form specified by the Director stating the nature of the interest of the cautioner, the land to be affected by the caution and the other matters specified by the Director.

   75.  (1)  Subsection 135 (1) of the Act is amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   (2)  Subsection 135 (3) of the Act is amended by striking out “vacated” and substituting “deleted from the register”.

   (3)  Subsection 135 (4) of the Act is repealed and the following substituted:

Discharge by Director

   (4)  The registration of such an agreement may also be deleted from the register if the purchaser fails, for the period of one month from the date of the mailing of the notice mentioned in subsection (5), to satisfy the Director that the purchaser still has rights under the agreement.

   (4)  Subsections 135 (5) and (6) of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   76.  (1)  Clause 136 (1) (e) of the Act is repealed and the following substituted:

  (e)  give the Director access to the electronic database for each land titles division wholly or partially within the sheriff’s territorial jurisdiction.

   (2)  Subsection 136 (7) of the Act is amended by striking out “land registrar” in the portion before clause (a) and substituting “Director”.

   (3)  Clause 136 (7) (a) of the Act is amended by striking out “of the land registrar”.

   (4)  Paragraph 1 of clause 136 (7) (b) of the Act is amended by striking out “land registrar” and substituting “Director”.

   77.  Section 137 of the Act is amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   78.  (1)  Subsection 138 (1) of the Act is amended by striking out “lodged with the land registrar” at the end and substituting “delivered to the Director for registration”.

   (2)  Subsection 138 (2) of the Act is amended by striking out “by the land registrar”.

   79.  Subsection 140 (1) of the Act is amended by striking out “land registrar” and substituting “Director”.

   80.  (1)  Subsections 141 (2) and (3) of the Act are amended by striking out “of Titles” wherever that expression appears.

   (2)  Subsections 141 (4), (5), (6) and (7) of the Act are repealed and the following substituted:

Property maps and identifiers

   (4)  Property maps shall be maintained in the manner specified by the Director and property identifiers shall be assigned to properties when and in the manner specified by the Director.

Parcel register

   (5)  An index in automated form known as the parcel register shall be created and maintained and every instrument that affects a property in the parcel register under the property identifier assigned to that property shall be entered in the manner required by the Director.

Other indexes and records

   (6)  All other indexes and records shall be maintained in the manner specified by the Director.

Entry of earlier instruments

   (7)  The Director may direct that all instruments that were registered before the day this section comes into force and that belong to a category or were registered during a period specified by the Director, be registered in the parcel register under the property identifiers for the properties affected by the instruments in the manner specified by the Director.

   81.  Section 144 of the Act is repealed and the following substituted:

Compulsory registration

   144.  (1)  If land is described in a description as defined in the Condominium Act, 1998, the description, along with the appropriate declaration as defined in that Act, shall be registered under this Act with an absolute title.

Same, plan of subdivision

   (2)  If land is shown on a plan of subdivision, the plan of subdivision shall be registered under this Act with an absolute title.

   82.  (1)  Subsection 145 (4) of the Act is repealed and the following substituted:

Additional information

   (4)  Before a plan is accepted for registration or deposit, the Director may require evidence explaining any seeming discrepancy between the measurements on the plan and the description of the land in the register or respecting any other matter that requires explanation.

   (2)  Subsection 145 (5) of the Act is amended by striking out “Director of Titles” and substituting “Director”.

   83.  The following provisions of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”:

    1.  Subsection 147 (1).

    2.  Subsection 150 (3).

   84.  (1)  Subsection 152 (1) of the Act is amended by striking out “land registrar” and substituting “Director”.

   (2)  Subsection 152 (2) of the Act is amended by striking out “the facts, the land registrar may enter such transferee as owner” at the end and substituting “the facts satisfactory to the Director, the transferee may be entered as owner”.

   85.  Subsections 156 (4) and (5) of the Act are amended by striking out “of Titles” wherever that expression appears.

   86.  Subsection 157 (1) of the Act is amended by striking out “land registrar” and substituting “Director”.

   87.  (1)  Subsection 158 (1) of the Act is repealed and the following substituted:

Errors, entry of caution

   (1)  A caution may be entered to prevent the dealing with registered land if it appears to the Director that an error has been made in an entry by misdescription of the land or otherwise.

   (2)  Subsection 158 (1.1) of the Act is amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director”.

   (3)  Subsections 158 (1.2), (2) and (3) of the Act are repealed and the following substituted:

Hearing

   (1.2)  If a caution has been registered under subsection (1) or (1.1), the Director may hold a hearing before making any correction under subsection (2) and sections 10 and 20 apply to the hearing.

Correction of errors

   (2)  Before receiving any conflicting instruments or after notifying all persons specified by the Director, errors and omissions may be corrected in the register, or in an entry in it, upon evidence that appears sufficient to the Director.

Restoration of covenants or conditions and compensation

   (3)  If a covenant or condition is restored to the register, it shall be done with the modifications that the Director considers advisable so as to do the least possible injury to any person affected by its omission or restoration; the Director may determine what damages, if any, shall be paid to any person claiming to have been injuriously affected by the omission or restoration of the covenant or condition.

   88.  The French version of section 160 of the Act is amended by striking out “ordonner au registrateur de faire la rectification” at the end and substituting “ordonner que la rectification soit faite”.

   89.  Section 161 of the Act is repealed and the following substituted:

Correction of errors in patents after registration

   161.  If land has been registered under this Act and the Minister of Natural Resources under the Public Lands Act directs an incorrect patent to be cancelled and a correct patent to be issued in its stead, the entry on the register shall be amended to accord with the correct patent,

  (a)  upon receipt of the correct patent, if no conflicting instrument has been received; or

  (b)  after notifying all persons interested in the manner specified by the Director, if a conflicting instrument has been received.

   90.  (1)  Subsection 162 (1) of the Act is repealed and the following substituted:

Deletion from register of certain reservations in letters patent

   (1)  If a certificate of the Minister of Natural Resources or the Deputy Minister of Natural Resources is received indicating that any of the following things are void, the applicable thing shall be deleted from the register without application:

    1.  A reservation of any class or kind of tree in letters patent to registered land.

    2.  A reservation of mines or minerals in letters patent to registered land issued before May 6, 1913.

    3.  A condition, proviso or reservation in letters patent to registered land, other than a reservation of any class or kind of tree or of mines or minerals.

   (2)  Subsection 162 (2) of the Act is amended by striking out “the land registrar shall make all proper entries to define the interests of those appearing to be entitled to the mines or minerals” at the end and substituting “all proper entries shall be made to define the interests of those appearing to be entitled to the mines or minerals”.

   91.  Subsection 163 (2) of the Act is repealed.

   92.  (1)  Paragraphs 1 and 2 of subsection 163.1 (1) of the Act are repealed and the following substituted:

    1.  specifying the functions of the Director relating to the first registration of land under this Act;

    2.  specifying the duties that are to be performed by the Director and other officers;

   (2)  Paragraph 10 of subsection 163.1 (1) of the Act is amended by striking out “form and”.

   (3)  Paragraph 18 of subsection 163.1 (1) of the Act is repealed and the following substituted:

  18.  requiring that printed copies of the parcel registers relating to land in the parts of Ontario designated under Part II of the Land Registration Reform Act be produced at specified times and on specified days and specifying the times and days at which they are to be produced;

   (4)  Paragraph 20 of subsection 163.1 (1) of the Act is amended by striking out “land registrars” and substituting “the Director”.

   (5)  Paragraph 22 of subsection 163.1 (1) of the Act is amended by striking out “land registrars” and substituting “the Director”.

   (6)  Subsection 163.1 (1.1) of the Act is amended by striking out “of Titles” in the portion before clause (a) and by adding the following clause:

(0.a) specifying the information to be included in forms and documents used in connection with the land titles system;

   (7)  Subsection 163.1 (1.1) of the Act is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

   (c)  specifying anything that is described as specified, approved or required by the Director or described as done to the satisfaction of the Director.

   (8)  Subsection 163.1 (2) of the Act is amended by striking out “of Titles”.

   93.  Section 165 of the Act is repealed and the following substituted:

Ownership of registered documents

   165.  (1)  Every registered instrument and deposited or registered plan is the property of the Crown and shall be retained in the manner specified by the Director.

Production of documents

   (2)  Instruments, documents, books, records or a facsimile of them shall be produced for inspection and copying and certified copies of them shall be provided upon payment of the required fee and in the manner specified by the Director.

Hours and days

   (3)  The Director may specify minimum hours and days for the purposes of subsection (2).

   94.  (1)  Subsection 167 (1) of the Act is amended by striking out “Any person, except the land registrar or other officer when entitled by law so to do or” at the beginning and substituting “A person, other than a person authorized pursuant to this Act or otherwise entitled by law so to do”.

   (2)  Subsection 167 (2) of the Act is amended by striking out “land registrar” at the end and substituting “Director”.

   95.  (1)  Subsections 170 (1), (2), (3) and (4) of the Act are amended by striking out “of Titles” wherever that expression appears.

   (2)  Subsection 170 (5) of the Act is amended by striking out “land registrar” and substituting “Director”.

   96.  Section 171 of the Act is repealed.

   97.  Subsections 172 (1) and (2) of the Act are amended by striking out “of Titles” wherever that expression appears.

Commencement

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

 

schedule 29
land transfer tax act

   1.  Subsection 5.1 (7) of the Land Transfer Tax Act is repealed.

   2.  Section 16 of the Act is amended by adding the following subsections:

Garnishment, loans and advances

   (1.1)  If the Minister has knowledge or suspects that within 365 days,

  (a)  a bank, credit union, trust corporation or other similar person (in this section referred to as the “institution”) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by a person liable to make a payment under this Act, who is indebted to the institution and who has granted security in respect of the indebtedness; or

  (b)  a person other than an institution will loan or advance money to or make a payment on behalf of a person who is liable to make a payment under this Act and who the Minister knows or suspects,

           (i)  is employed by or engaged in providing services or property to that person or who was or will within 365 days be so employed or engaged, or

          (ii)  is not dealing at arm’s length with that person,

the Minister may, by registered letter, or by letter served personally, require the institution or person, as the case may be, to pay forthwith to the Minister on account of the liability of the person liable to make a payment under this Act all or part of the money that would otherwise have been loaned, advanced or paid, and any money paid to the Minister shall be deemed to have been loaned, advanced or paid, as the case may be, to the person liable to make a payment under this Act.

.     .     .     .     .

Same

   (3.1)  Every institution or person who fails to comply with a requirement under subsection (1.1) with respect to money to be loaned, advanced or paid is liable to pay the Crown in right of Ontario an amount equal to the lesser of,

  (a)  the aggregate of money so loaned, advanced or paid; or

  (b)  the amount that the institution or person was required under subsection (1.1) to pay to the Minister.

Commencement

   3.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

schedule 30
legislative assembly act

   1.  Subsection 61 (1.2) of the Legislative Assembly Act is amended by striking out “for the fiscal years that begin on April 1, 2010 and April 1, 2011” and substituting “for the fiscal years that begin on April 1, 2012 and April 1, 2013”.

Commencement

   2.  This Schedule is deemed to have come into force on April 1, 2012.

 

schedule 31
liquor control act

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

(l.1)  to sell, lease or otherwise dispose of land and buildings;

Commencement

   2.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

schedule 32
marriage act

   1.  The definition of “Minister” in subsection 1 (1) of the Marriage Act is repealed and the following substituted:

“Minister” means the minister responsible for the administration of this Act; (“ministre”)

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

Delegation of powers and duties

   3.  The Minister may delegate in writing any or all of his or her powers and duties under this Act to any person, subject to any restrictions set out in the delegation.

   3.  Subsection 11 (2) 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)  any other person.

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

Record of licences

   (1)  Every issuer shall keep in his or her office a record of every licence he or she issues and the record shall contain any particulars required by the regulations.

   5.  Section 14 of the Act is repealed and the following substituted:

Documents to be forwarded to Registrar General

   14.  (1)  Every issuer shall immediately upon issuing a licence and every person registered as authorized to solemnize marriage shall upon publishing banns forward to the Registrar General any documents required by the regulations.

Interpretation

   (2)  In this section,

“Registrar General” means the Registrar General under the Vital Statistics Act.

   6.  Section 15 of the Act is repealed and the following substituted:

Oaths and affirmations

   15.  Issuers may administer oaths and affirmations for the purposes of this Act.

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

Powers of Minister

   33.1  (1)  The Minister may by order,

  (a)  set and collect fees for services that the Minister provides under this Act; and

  (b)  provide for the waiver of payment of those fees in favour of any person or class of persons.

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.

   8.  (1)  Section 34 of the Act is amended by adding the following clause:

  (a)  prescribing any matter required or permitted by this Act to be prescribed by the regulations;

   (2)  Clauses 34 (b) and (c) of the Act are repealed and the following substituted:

  (b)  requiring the payment of fees in respect of any matter required or authorized to be done under this Act, other than for services provided by the Minister;

   (c)  providing for the retention of fees or a portion of the fees by issuers and persons solemnizing marriages or any class of either of them and for the commutation of such fees;

   (3)  Section 34 of the Act is amended by adding the following clauses:

(d.1) respecting the particulars that shall be contained in a record under subsection 13 (1);

(d.2) respecting the documents that shall be forwarded to the Registrar General under subsection 14 (1);

Commencement

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

 

schedule 33
Ministry of infrastructure act, 2011

   1.  Subsection 9 (5) of the Ministry of Infrastructure Act, 2011 is amended by adding “or” at the end of clause (b) and by repealing clause (c).

   2.  Section 11 of the Act is amended by striking out “any other Act” and substituting “any Act”.

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

Transfer of control

   11.1  (1)  The Minister may, by order, transfer the control of any interest in real property under the control of the Minister to another Minister or to a Crown agency.

Terms and conditions

   (2)  A transfer under subsection (1) is subject to the terms and conditions set out in the order.

   4.  (1)  Subsection 19 (2) of the Act is amended by striking out “may delegate” in the portion before paragraph 1 and substituting “may in writing delegate”.

   (2)  Subsection 19 (2) of the Act is amended by adding the following paragraph:

    5.  Section 11.1.

Commencement

   5.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

schedule 34
ministry of revenue act

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

“Crown”, except where otherwise indicated, means the Crown in right of Ontario; (“Couronne”)

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

Definitions for ss. 11 and 11.1

   10.1  For the purposes of sections 11 and 11.1,

“employee” means,

  (a)  a public servant employed under Part III of the Public Service of Ontario Act, 2006, or

  (b)  a person employed by a public body; (“employé”)

“public body” means,

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

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

   (c)  the corporation of any municipality in Ontario,

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

  (e)  a Crown agency,

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

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

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

   3.  (1)  Subsection 11 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Services to other ministries and public bodies re: government assistance programs

   (1)  The Minister may enter into a memorandum of understanding with any ministry of the Government of Ontario responsible for the administration of a government assistance program or an agreement with any public body responsible for the administration of a government assistance program to provide services described in subsection (3) to the ministry or public body if,

.     .     .     .     .

   (2)  Subsection 11 (2) of the Act is repealed and the following substituted:

Government assistance programs

   (2)  The government assistance programs in respect of which the Minister may provide services under this section include any program under which the Province of Ontario or a public body provides financial assistance directly or indirectly to individuals or confers any other benefit on individuals.

   (3)  Subsection 11 (3) of the Act is amended by adding “or the public body” after “to assist the other ministry” in the portion before clause (a).

   (4)  Section 11 of the Act is amended by adding the following subsection:

Powers, functions and duties of ministry, public body to be carried out by Minister

   (3.1)  A memorandum of understanding or agreement entered into under subsection (1) may authorize the Minister, on behalf of and as agent for the ministry or public body, to exercise any powers and perform any functions or duties assigned by an Act, regulation or program to the minister of or any officer or employee in the ministry or to the public body or any officer or employee of the public body, as the case may be.

   (5)  Subsections 11 (4) and (5) of the Act are repealed and the following substituted:

Sharing of information

   (4)  For the purpose of the provision of services under this section,

  (a)  an employee in a ministry or of a public body who is engaged in the administration of a government assistance program may disclose to an employee in the Ministry who provides services under this section such information as the Minister may require, including information relating to the program or to any individual seeking assistance under the program;

  (b)  an employee in the Ministry who is engaged in providing services under this section to another ministry or to a public body may disclose to an employee in that other ministry or of the public body who is engaged in the administration of a government assistance program any information to which the employee in the Ministry has access that relates to an individual seeking or receiving assistance under the program, including information received by the Ministry from the Minister of National Revenue or the Canada Revenue Agency under an agreement referred to in section 12.

Same

   (5)  The information disclosed under subsection (4) with respect to an individual may include,

  (a)  financial information;

  (b)  tax information;

   (c)  personal information within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act; or

  (d)  personal health information as defined in the Personal Health Information Protection Act, 2004.

   (6)  Clause 11 (6) (b) of the Act is amended by adding “or an employee of a public body” after “other than the Ministry of Revenue”.

   (7)  Subsection 11 (7) of the Act is repealed.

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

Services to other ministries and public bodies re: collections and audits

Definitions

   11.1  (1)  For the purposes of this section,

“audit services” means services, as may be prescribed, to determine compliance with a government-funded program; (“services de vérification”)

“collection services” means,

  (a)  services to recover a payment of money to which the recipient is not entitled at the time of the payment or to which the recipient ceases to be entitled at any time after the payment,

  (b)  services to collect unpaid fines, fees, interest, monetary penalties and such other debts as may be prescribed,

   (c)  services to collect reasonable costs and charges incurred in the course of the recovery or collection described in clause (a) or (b), and

  (d)  such other related services as may be prescribed. (“services de perception”)

Memorandum of understanding or agreement to provide services

   (2)  If authorized by regulation, the Minister may enter into a memorandum of understanding with any ministry of the Government of Ontario or an agreement with any public body to provide collection services or audit services, or both, to the ministry or public body.

Publication in Gazette

   (3)  If the Minister enters into a memorandum of understanding or agreement under subsection (2), the following information must be published in The Ontario Gazette:

    1.  The name of the ministry or public body that is party to the memorandum of understanding or agreement.

    2.  The services that the Minister will provide to the ministry or public body.

    3.  The term of the memorandum of understanding or agreement.

Powers, functions and duties of ministry, public body to be carried out by Minister

   (4)  A memorandum of understanding or agreement entered into under subsection (2) may authorize the Minister, on behalf of and as agent for the ministry or public body, to exercise any powers and perform any functions or duties assigned by an Act, regulation or program to the minister of or any officer or employee in the ministry or to the public body or any officer or employee of the public body, as the case may be.

Other powers, functions and duties assigned to Minister by regulation

   (5)  The Minister may be authorized by regulation to exercise specified powers or perform specified functions or duties assigned by any Act to any minister, any officer or employee in any ministry, any public body or any officer or employee of any public body, in addition to the powers, functions or duties referred to in subsection (4), but excluding the power to make a regulation, in connection with the services provided under this section.

Sharing of information

   (6)  For the purpose of the provision of services under this section,

  (a)  an employee in a ministry or of a public body who is engaged in the administration of a government-funded program may disclose to an employee in the Ministry who provides services under this section such information as the Minister may require;

  (b)  an employee in the Ministry who is engaged in providing services under this section to another ministry or to a public body may disclose to an employee in that other ministry or of the public body who is engaged in the administration of a government-funded program any information to which the employee in the Ministry has access that relates to the provision of services under this section.

Same

   (7)  The information disclosed under subsection (6) may include,

  (a)  financial information;

  (b)  tax information;

   (c)  personal information within the meaning of the Freedom of Information and Protection of Privacy Actor the Municipal Freedom of Information and Protection of Privacy Act; or

  (d)  personal health information as defined in the Personal Health Information Protection Act, 2004.

Use of information

   (8)  Any employee to whom information is disclosed under subsection (6) shall collect, use and disclose the information received,

  (a)  in the case of an employee engaged in the provision of services under this section, only for purposes related to the provision of those services; and

  (b)  in the case of an employee in a ministry other than the Ministry of Revenue or an employee of a public body, only for purposes related to the administration of a government-funded program.

Use of funds

   (9)  Despite Part I of the Financial Administration Act, the Minister may, subject to arrangements made by the Ontario Financing Authority, do the following:

    1.  Receive funds that are not public money within the meaning of subsection 1 (3) of the Financial Administration Act, if the Minister receives the funds in the course of providing services under this section.

    2.  Exercise control over funds that are not public money within the meaning of subsection 1 (3) of the Financial Administration Act and that are held in an account that is not in the name of the Crown, if the Minister obtains control over the funds in the course of providing services under this section.

    3.  Establish accounts in the name of the Minister with an entity referred to in subsection 2 (2) of the Financial Administration Act.

    4.  Deposit funds referred to in paragraph 1 or 2 into accounts established under paragraph 3.

    5.  Pay out the funds referred to in paragraph 1 or 2 and the income earned on those funds in accordance with the memorandum of understanding or agreement entered into under subsection (2).

Same, income

   (10)  Where income earned on funds referred to in paragraph 1 or 2 of subsection (9) is public money within the meaning of subsection 1 (3) of the Financial Administration Act, the Minister shall cause the income to be paid into the Consolidated Revenue Fund.

   5.  Clause 13 (c) of the Act is repealed and the following substituted:

   (c)  prescribing persons and entities that are public bodies for the purposes of sections 11 and 11.1;

  (d)  prescribing other related services that may be provided by the Minister to another ministry or a public body under section 11;

  (e)  prescribing the audit services that may be provided by the Minister to another ministry or a public body under section 11.1;

    (f)  prescribing debts the collection of which are collection services for the purposes of section 11.1;

  (g)  prescribing other related services that are collection services for the purposes of section 11.1;

   (h)  prescribing the ministries and public bodies to which the Minister may provide services under section 11 or 11.1;

    (i)  for the purpose of subsection 11.1 (5), prescribing the powers, functions and duties under an Act that may be exercised or performed by the Minister in connection with the services provided by the Minister under section 11.1.

Commencement

   6.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

schedule 35
municipal elections act, 1996

   1.  Clause 19 (3) (b) of the Municipal Elections Act, 1996 is amended by striking out “in the office of the Registrar General” and substituting “of the Registrar General”.

Commencement

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

 

schedule 36
niagara escarpment planning and development act

   1.  Subsections 17 (2), (3), (4), (5) and (6) of the Niagara Escarpment Planning and Development Act are repealed and the following substituted:

Consultation and public participation

   (2)  During a review, the Minister shall,

  (a)  consult with any ministry with an interest in the Plan,the Commission or other interested public bodies;

  (b)  consult with any advisory committee established under section 4;

   (c)  consult with the council of each municipality if the jurisdiction of the municipality includes any part of the Niagara Escarpment Planning Area; and

  (d)  ensure that the public is given an opportunity to participate in the review.

Amendments to Plan

   (3)  After completion of the review, the Minister may propose amendments to the Plan.

Procedure

   (4)  The procedures for amendments to the Plan set out in sections 10 and 11 apply with necessary modifications to an amendment proposed by the Minister under subsection (3), with the following exceptions:

    1.  The Commission shall not appoint a hearing officer in accordance with subsection 10 (3) but may only do so if directed by the Minister.

    2.  After receiving the Commission’s recommendations under subsection 10 (9), the Minister shall not act in accordance with subsection 10 (11) but shall submit the proposed amendments with his or her recommendations thereon to the Lieutenant Governor in Council in accordance with subsection 10 (12).

Objectives

   (5)  Amendments to the Plan resulting from a review under this section shall be consistent with and promote the objectives of the Plan described in section 8.

Commencement

   2.  This Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

 

schedule 37
nipissing first nation agreement act (Tax Matters), 2012

Preamble

Under an agreement between The Nipissing First Nation Band, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of Ontario, dated March 30, 1995, ownership of certain property in Ontario (as described in the Schedules to this Act) is to be transferred by Canada to a corporation to be held in trust for the Nipissing First Nation.  It is desirable that, after the transfer, the property continues to be exempt from certain taxes in the circumstances described in this Act.

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

Status under Assessment Act, s. 3 (1)

   1.  (1)  This section applies with respect to the property described in Schedules 1 and 2 to this Act upon the transfer by Her Majesty the Queen in right of Canada of ownership of the property to a corporation to be held in trust for the Nipissing First Nation.

Same

   (2)  Subject to subsection (3), the property described in the Schedules is deemed to be exempted by subsection 3 (1) of the Assessment Act from taxation while the property is held in trust by a corporation for the Nipissing First Nation.

Termination of exemption

   (3)  If, at any time, the property ceases to be held in trust by a corporation for the Nipissing First Nation, the exemption in subsection (1) is terminated and cannot be revived.

Commencement

   2.  The Act set out in this Schedule comes into force on the day the Strong Action for Ontario Act (Budget Measures), 2012 receives Royal Assent.

Short title

   3.  The short title of the Act set out in this Schedule is the Nipissing First Nation Agreement Act (Tax Matters), 2012.

schedule 1
Property description

All those parcels or tracts of lands and lands covered by water in the geographic Township of Commanda, in the District of Nipissing and in the Province of Ontario, which said parcels or tracts of lands and lands covered by water may be more particularly described as follows:

FIRSTLY:

Part of Lot 2, Concession B, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road, containing 0.90 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

SECONDLY:

Part of Lot 3, Concession B, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road shown on a plan recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada; Saving and Excepting thereout and therefrom that portion of the said right of way lying within the limits of Highway 17 shown on Ministry of Transportation, Ontario Plan P-2494-18, a copy of which is recorded as Plan 4562 in the said Canada Lands Surveys Records and a copy of which is filed as Misc. Plan 23 in the Land Registry Office for the Registry Division of Nipissing (No. 36);

Also Saving and Excepting thereout and therefrom that portion of the said right of way containing by admeasurement 0.121 hectares, more or less, lying within the limits of Lots 3-1-1, 3-1-2, 3-1-3 and 3-5, said Lots being shown on a plan recorded as Plan 67514 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 250; the remaining portion of the said right of way containing 0.64 hectares, more or less, which said remaining portion of right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the said Land Registry Office as No. 46431-A.

THIRDLY:

Part of Lot 4, Concession B, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road shown on a plan recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada; Saving and Excepting thereout and therefrom that portion of the said right of way lying within the limits of Highway 17 shown on Ministry of Transportation, Ontario Plan P-2494-18, a copy of which is recorded as Plan 4562 in the said Canada Lands Surveys Records and a copy of which is filed as Misc. Plan 23 in the Land Registry Office for the Registry Division of Nipissing (No. 36), the remaining portion of the said right of way containing 0.98 hectares, more or less, which said remaining portion of right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the said Land Registry Office as No. 46431-A.

FOURTHLY:

Part of Lot 9, Concession B, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road, containing 1.69 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959 and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

FIFTHLY:

Part of Lot 10, Concession A, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road, containing 0.31 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

schedule 2
Property description

All those parcels or tracts of lands and lands covered by water in the District of Nipissing and in the Province of Ontario, which parcels or tracts of lands and lands covered by water may be more particularly described as follows:

FIRSTLY:

The road allowance in front of Lot 1, Concession B, in the Township of Commanda, containing 1.86 hectares, more or less; Saving and Excepting thereout and therefrom that part of the right of way of the Ontario Government Trunk Road, containing 0.70 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that portion of the King’s Highway 17B, containing by admeasurement 0.2272 hectares, more or less, and shown as parts 1, 4 and 5 on a reference plan of survey deposited in the Registry Office for the Registry Division of Nipissing as Plan 36R-8115;

Also Saving and Excepting thereout and therefrom that portion of the said road allowance, containing by admeasurement 0.4451 hectares, more or less, which was granted to Donald Milne under Crown Canada Letters Patent No. 24430, dated on the 25th day of October, 1950, said portion being shown on Plan M.3306 in the Canada Lands Surveys Records in Natural Resources Canada.

SECONDLY:

Lot 2, Concession B, in the Township of Commanda, containing 105.22 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of King’s Highway No. 17, containing by admeasurement 1.3649 hectares, more or less, and shown as Part 2 on a reference plan of survey deposited in the Land Registry Office for the Registry Division of Nipissing as Plan 36R-8116;

Also Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 1.66 hectares, more or less, shown on a plan, a copy of which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December 1918, at the hour of 10 o’clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that part of the right of way of the Ontario Government Trunk Road, containing 0.90 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A, shown on a plan recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom part of Lot 2, Concession B, containing 1.3227 hectares, more or less, which was granted to the Nipissing Band Holding and Investment Ltd. under Crown Canada Letters Patent No. 308947, a copy of which is recorded on the Register for Parcel 27692 Nip. in the Land Registry Office for the Land Titles Division of Nipissing (No. 36), and which said part is described in the said Letters Patent as:

“PREMISING that the bearings contained herein are astronomic and are derived from the bearing 359 degrees 39 minutes of the east limit of Lot 2-2 as shown on a plan recorded as Plan 58294 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as No. 171, and are referred to the meridian through the M.T.O. Concrete Monument at the south east corner of Lot 1 in the Indian Wood Lot 2-2, on the said Plan 58294.

COMMENCING where a survey monument has been planted in the northerly limit of the Canadian National Railway right of way, distant 276.78 metres measured 179 degrees 39 minutes from the survey monument defining the north east corner of Lot 2-2 as shown on the said Plan 58294.

THENCE westerly along the northerly limit of the Canadian National Railway right of way on a curve to the right of radius 421.45 metres, an arc distance of 147.46 metres, the chord equivalent of which bears 267 degrees, 59 minutes, 40 seconds, 146.70 metres to a survey monument planted.

THENCE 359 degrees, 45 minutes, 114.21 metres to a survey monument planted.

THENCE 104 degrees, 46 minutes 58.08 metres to a survey monument planted.

THENCE 100 degrees, 24 minutes, 40 seconds, 91.98 metres to a survey monument planted.

THENCE 179 degrees, 39 minutes, 77.66 metres to a Point of Commencement.

Together With a right of way for access purposes 12.77 metres in perpendicular width extending from the southerly limit of King’s Highway No. 17 southerly to the n