Bill 91, Building Ontario Up Act (Budget Measures), 2015

Sousa, Hon Charles Minister of Finance

Current Status: Royal Assent received Chapter Number: S.O. 2015 C.20

Viewing: Royal Assent (current version) pdf

Bill 91                                                          2015

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

CONTENTS

1.

Contents of this Act

2.

Commencement

3.

Short title

Schedule 1

Alcohol and Gaming Regulation and Public Protection Act, 1996

Schedule 2

Assessment Act

Schedule 3

Auditor General Act

Schedule 4

Broader Public Sector Accountability Act, 2010

Schedule 5

Broader Public Sector Executive Compensation Act, 2014

Schedule 6

Commodity Futures Act

Schedule 7

Co-operative Corporations Act

Schedule 8

Credit Unions and Caisses Populaires Act, 1994

Schedule 9

Electricity Act, 1998

Schedule 10

Financial Accountability Officer Act, 2013

Schedule 11

Financial Administration Act

Schedule 12

Financial Services Commission of Ontario Act, 1997

Schedule 13

Freedom of Information and Protection of Privacy Act

Schedule 14

Government Advertising Act, 2004

Schedule 15

Health Insurance Act

Schedule 16

Highway 407 East Act, 2012

Schedule 17

Insurance Act

Schedule 18

Interim Appropriation for 2015-2016 Act, 2015

Schedule 19

Investment Management Corporation of Ontario Act, 2015

Schedule 20

Liquor Control Act

Schedule 21

Loan and Trust Corporations Act

Schedule 22

Lobbyists Registration Act, 1998

Schedule 23

Management Board of Cabinet Act

Schedule 24

Marine Insurance Act

Schedule 25

Ministry of Revenue Act

Schedule 26

Ministry of Training, Colleges and Universities Act

Schedule 27

Mortgage Brokerages, Lenders and Administrators Act, 2006

Schedule 28

Municipal Freedom of Information and Protection of Privacy Act

Schedule 29

Municipal Property Assessment Corporation Act, 1997

Schedule 30

Ombudsman Act

Schedule 31

Ontario Energy Board Act, 1998

Schedule 32

Ontario Loan Act, 2015

Schedule 33

Ontario Retirement Pension Plan Administration Corporation Act, 2015

Schedule 34

Pension Benefits Act

Schedule 35

Personal Property Security Act

Schedule 36

Poverty Reduction Act, 2009

Schedule 37

Public Sector Expenses Review Act, 2009

Schedule 38

Public Sector Salary Disclosure Act, 1996

Schedule 39

Securities Act

Schedule 40

Taxation Act, 2007

Schedule 41

Taxpayer Protection Act, 1999

Schedule 42

Tile Drainage Act

Schedule 43

Tobacco Tax Act

Schedule 44

Trillium Trust Act, 2014

Schedule 45

The University of Toronto Act, 1971

______________

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 Building Ontario Up Act (Budget Measures), 2015.

 

SCHEDULE 1
alcohol and gaming regulation and public protection act, 1996

   1.  Subsection 14.1 (1) of the Alcohol and Gaming Regulation and Public Protection Act, 1996is repealed and the following substituted:

Monetary penalties

   (1)  The board of the Commission may establish, subject to the approval of the Minister, a schedule of monetary penalties that may be imposed with respect to the following:

    1.  Contraventions of those Acts and regulations administered by the Commission that are prescribed by the regulations made under this Part.

    2.  Contraventions of an authorization, direction or approval issued or imposed by the Registrar under a power or duty under the Liquor Control Act that is assigned to the Registrar by the regulations made under this Part, and any condition applicable to the authorization, direction or approval.

   2.  (1)  Subclause (c) (i) of the definition of “beer manufacturer” in subsection 17 (1) of the Act is repealed and the following substituted:

           (i)  at which the person, a wholly-owned subsidiary of the person or another person that wholly owns the person makes beer at an annual production rate of not less than 2,500 hectolitres of beer, and

   (2)  Subsection 17 (1) of the Act is amended by adding the following definition:

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

   (3)  The definition of “non-refillable container” in subsection 17 (1) of the Act is repealed and the following substituted:

“non-refillable container” means a container that the manufacturer of a beverage or other person who initially fills the container with the beverage does not intend to refill, but does not include a beer bottle that is recognized as an industry standard bottle by the Brewers Association of Canada and for which the manufacturer has entered into an agreement with the Association for the use of the bottle; (“contenant à remplissage unique”)

   (4)  Section 17 of the Act is amended by adding the following subsection:

Same

   (2.1)  For greater certainty, a person who is deemed to be a purchaser of wine or wine coolers under subsection (2) is deemed to have purchased the wine or wine coolers from a winery retail store.

   (5)  Subsection 17 (3) of the Act is amended by striking out “or” at the end of subclause (e) (ii), by adding “or” at the end of clause (f) and by adding the following clause:

  (g)  if the purchaser is the Government of Canada and the beer, wine or wine coolers will be warehoused in Ontario and afterwards will be exported for use by Canadian diplomatic or consular offices abroad.

   3.  (1)  Subsection 22 (1) of the Act is amended,

  (a)  by striking out “annually” in subparagraph 1 ii; and

  (b)  by striking out “annually” in subparagraph 2 ii.

   (2)  Subsection 22 (3) of the Act is repealed and the following substituted:

Microbrewers

   (3)  For the purposes of this section, a beer manufacturer is a microbrewer for a sales year if all of the following circumstances exist:

    1.  The beer manufacturer’s worldwide production of beer in the preceding production year was not more than 50,000 hectolitres or, if this is the first production year in which it manufactures beer, its worldwide production of beer for the production year is expected to be not more than 50,000 hectolitres.

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

    3.  In the preceding production year, the beer manufacturer was not a party to any agreement or other arrangement pursuant to which it agreed to manufacture beer for any other beer manufacturer that was not a microbrewer. However, the beer manufacturer may have been a party to an agreement or other arrangement pursuant to which it agreed to manufacture beer for another beer manufacturer that would have been a microbrewer in the sales year if paragraph 2 did not apply to that other beer manufacturer.

    4.  Every affiliate that the beer manufacturer had that manufactured beer in the preceding production year was a microbrewer.

Exception, agreement for final bottling or other packaging

   (3.1)  For the purposes of paragraph 2 of subsection (3), an agreement or arrangement referred to in that paragraph does not include an agreement or arrangement that provides only for the final bottling or other packaging by a beer manufacturer that is not a microbrewer, including any incidental processes such as final filtration and final carbonation or the addition of any substance to the beer that, if added, must be added at the time of final filtration.

   (3)  Subsection 22 (5) of the Act is repealed.

   4.  Section 26 of the Act is amended by adding the following subsection:

Same, 2015 to 2018

   (1.1)  Despite subsection (1), the rate of basic tax payable by a purchaser under sections 21 and 25 for the period beginning on the annual adjustment date in 2015, 2016, 2017 and 2018 is calculated in accordance with the following rules:

    1.  For the period beginning with the annual adjustment date in each year and ending on October 31 of that year, calculate the basic tax rate in accordance with subsection (2).

    2.  For the period beginning with November 1 of that year and ending immediately before the following annual adjustment date, increase the basic tax rate, as calculated under paragraph 1, by 3 cents per litre.

   5.  Section 32 of the Act is repealed.

Commencement

   6.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

SCHEDULE 2
Assessment Act

   1.  (1)  Subsection 53 (1) of the Assessment Act is amended by striking out “actual income and expense information on individual properties” and substituting “any proprietary information of a commercial nature prescribed by the Minister relating to an individual property or to actual income and expense information on an individual property”.

   (2)  Subsection 53 (3) of the Act is repealed and the following substituted:

Information

   (3)  Subject to subsection (1), the assessment corporation shall make available to the following entities the information sufficient to meet their planning requirements:

    1.  Every municipality.

    2.  Every school board.

    3.  Every board of a local roads area established under the Local Roads Boards Act.

    4.  Every local services board established under the Northern Services Boards Act.

   (3)  Subsection 53 (4) of the Act is amended by striking out “the municipalities or school boards” and substituting “the entities set out in that subsection”.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

Schedule 3
auditor general act

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

Restrictions re: Hydro One Inc.

   13.  (1)  Hydro One Inc. and its subsidiaries are deemed not to be agencies of the Crown or Crown controlled corporations for the purposes of this Act on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Continuing duty

   (2)  Despite subsection (1), Hydro One Inc. shall give the Auditor General such information and access to such documents or records as is necessary and relevant to enable the Auditor General to prepare his or her report, for inclusion in the Public Accounts, on the consolidated financial statements of Ontario.

Same

   (3)  The auditors of Hydro One Inc. shall comply with the requirements set out in clauses 9 (3) (a), (b) and (c) for the purpose of enabling the Auditor General to prepare his or her report, for inclusion in the Public Accounts, on the consolidated financial statements of Ontario.

Same

   (4)  However, Hydro One Inc. and its auditors are not required by subsections (2) and (3) to give the Auditor General any information or access to records or documents that relate to a period for which Hydro One Inc. has not yet disclosed to the public its audited or unaudited financial statements.

Repeal

   (5)  Subsections (1) to (4) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor.

Transition

   (6)  Despite subsection (1), for a period of six months after the date described in that subsection,

  (a)  the Auditor General may continue to exercise all of his or her powers under this Act in relation to Hydro One Inc. and its subsidiaries with respect to,

           (i)  any special audit conducted under subsection 9.1 (3) commenced before that date,

          (ii)  any special assignment under section 17 commenced before that date, and

         (iii)  the Auditor General’s report on the consolidated financial statements of Ontario for the 2014-15 fiscal year; and

  (b)  Hydro One Inc. and its subsidiaries continue to have the duties of an agency of the Crown or Crown controlled corporation, as the case may be, under this Act in relation to those matters.

Repeal

   (7)  Subsection (6) and this subsection are repealed on the first anniversary of the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

Schedule 4
Broader Public Sector Accountability Act, 2010

   1.  Section 3 of the Broader Public Sector Accountability Act, 2010 is amended by adding the following subsection:

Exception re: Hydro One Inc.

   (1.1)  Despite clauses (1) (a) and (b), Hydro One Inc. and its subsidiaries cannot be prescribed to be designated broader public sector organizations or publicly funded organizations for the purposes of this Act.

   2.  (1)  Clause 4 (2) (c) of the Act is repealed.

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

Exception re: Hydro One Inc.

   (7)  Despite clause (6) (a), a regulation cannot provide for the application of this section to Hydro One Inc. and its subsidiaries.

   3.  Section 7.5 of the Act is amended by adding the following subsection:

Exception re: Hydro One Inc.

   (5)  Despite subsections (1) to (4), for Hydro One Inc. and its subsidiaries and for their designated executives and designated office holders, the restraint measures in sections 7.6 to 7.13 expire as of the day the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

   4.  Section 7.13 of the Act is amended by adding the following subsection:

Exception re: Hydro One Inc.

   (2)  Subsection (1) does not apply with respect to Hydro One Inc. and its subsidiaries as of April 23, 2015.

   5.  Section 7.19 of the Act is amended by adding the following subsection:

Exception re: Hydro One Inc.

   (4)  Subsection (1) does not apply with respect to Hydro One Inc. and its subsidiaries as of the day the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Commencement

   6.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Section 2 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 5
Broader Public Sector executive compensation act, 2014

   1.  (1)  Paragraph 4 of subsection 3 (1) of the Broader Public Sector Executive Compensation Act, 2014 is repealed.

   (2)  Subsection 3 (2) of the Act is amended by adding the following paragraph:

    5.  Ontario Retirement Pension Plan Administration Corporation (established by the Ontario Retirement Pension Plan Administration Corporation Act, 2015) and each of its subsidiaries, if any.

   (3)  Subsection 3 (2) of the Act is amended by adding the following paragraph:

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

Commencement

   2.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Subsection 1 (2) comes into force on the day subsection 2 (1) of Schedule 33 (Ontario Retirement Pension Plan Administration Corporation Act, 2015) to the Building Ontario Up Act (Budget Measures), 2015 comes into force.

 

schedule 6
commodity futures act

   1.  Subsection 14 (1) of the Commodity Futures Act is repealed and the following substituted:

Record-keeping

   (1)  Every market participant shall keep the following records:

    1.  Such books, records and other documents as are necessary for the proper recording of its business transactions and financial affairs and the transactions it executes on behalf of others.

    2.  Such books, records and other documents as may otherwise be required under Ontario commodity futures law.

    3.  Such books, records and other documents as may reasonably be required to demonstrate compliance with Ontario commodity futures law.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 7
co-operative corporations act

   1.  The following provisions of the Co-operative Corporations Act are amended by striking out “Credit Unions and Caisses Populaires Act” wherever it appears and substituting in each case “Credit Unions and Caisses Populaires Act, 1994”:

    1.  Section 3.

    2.  Subsection 7 (4).

   2.  Section 187 of the Act is repealed and the following substituted:

Fees

   187.  The Minister may make regulations governing fees under this Act, including,

  (a)  requiring the payment of fees in relation to any matter under this Act, including any services provided by or through the Ministry or the Financial Services Commission of Ontario;

  (b)  prescribing the amount of fees or the manner of determining fees;

   (c)  prescribing the manner in which and the period within which fees must be paid.

Commencement

   3.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Section 2 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 8
credit unions and caisses populaires act, 1994

   1.  Subsection 169 (8) of the Credit Unions and Caisses Populaires Act, 1994is amended by striking out “the Canadian Institute of Chartered Accountants” at the end and substituting “the Chartered Professional Accountants of Canada”.

   2.  Subsection 213 (8) of the Act is amended by striking out “the Canadian Institute of Chartered Accountants” at the end and substituting “the Chartered Professional Accountants of Canada”.

   3.  The heading to Part XVI of the Act is repealed and the following substituted:

Part xvi
regulations, forms and fees

   4.  The heading before section 321.6 and section 321.6 of the Act are repealed and the following substituted:

Fees

Fees

   321.6  The Minister may make regulations governing fees under this Act, including,

  (a)  requiring the payment of fees in relation to any matter under this Act, including any services provided by or through the Ministry of Finance or the Financial Services Commission of Ontario;

  (b)  prescribing the amount of fees or the manner of determining fees;

   (c)  prescribing the manner in which and the period within which fees must be paid.

Commencement

   5.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Sections 3 and 4 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 9
electricity act, 1998

   1.  (1)  Section 1 of the Electricity Act, 1998 is amended by striking out the portion before clause (a) and substituting the following:

Purposes

   1.  The purposes of this Act include the following:

.     .     .     .     .

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

(g.1) to facilitate the alteration of ownership structures of publicly-owned corporations that transmit, distribute or retail electricity;

(g.2) to facilitate the disposition, in whole or in part, of the Crown’s interest in corporations that transmit, distribute or retail electricity, and to make the proceeds of any such disposition available to be appropriated for any Government of Ontario purpose;

   2.  Subsections 48.1 (2) and (3) of the Act are repealed and the following substituted:

Head office in Ontario

   (2)  Hydro One Inc. shall maintain its head office in Ontario.

What constitutes “maintained in Ontario”

   (3)  For the purposes of subsection (2), Hydro One Inc. maintains its head office in Ontario if,

  (a)  the principal executive office for Hydro One Inc. and its subsidiaries is located in Ontario;

  (b)  the Chief Executive Officer and substantially all of the officers with strategic decision-making or management authority for Hydro One Inc. and its subsidiaries principally perform their duties at that principal executive office or elsewhere in Ontario and are resident in Ontario; and

   (c)  substantially all of the strategic decision-making, corporate planning, corporate finance and other executive functions of Hydro One Inc. and its subsidiaries are carried out at that principal executive office or elsewhere in Ontario.

Essential systems and features in Ontario

   (4)  Hydro One Inc. shall, directly or through its subsidiaries, at all times maintain in Ontario its centres of operation and control necessary for,

  (a)  the control, monitoring and co-ordination of its transmission system that is regulated by the Board; and

  (b)  the control, monitoring and co-ordination of its distribution system that is regulated by the Board.

Saving

   (5)  Subsection (4) does not restrict Hydro One Inc., directly or through its subsidiaries, from selling, leasing, divesting or otherwise disposing of, any of the following where the sale, lease, divestiture or other disposition is not prohibited by subsection (6) or (7):

    1.  Any part of its transmission system that is regulated by the Board or the business, property or assets related to that transmission system.

    2.  Any part of its distribution system that is regulated by the Board or the business, property or assets related to that distribution system.

Substantial divestment, transmission system

   (6)  Hydro One Inc. shall not, directly or indirectly, through its subsidiaries or otherwise, sell, lease, divest or otherwise dispose of all or substantially all of the business, property or assets related to its transmission system that is regulated by the Board.

Substantial divestment, distribution system

   (7)  Hydro One Inc. shall not, directly or indirectly, through its subsidiaries or otherwise, sell, lease, divest or otherwise dispose of all or substantially all of the business, property or assets related to its distribution system that is regulated by the Board.

Internal transactions

   (8)  Subsections (6) and (7) do not prevent or limit any transactions between Hydro One Inc. and any of its subsidiaries or between any of its subsidiaries.

Continuance in another jurisdiction

   (9)  Hydro One Inc. shall not, directly or indirectly, through its subsidiaries or otherwise, apply for the continuance of Hydro One Inc. under the laws of a jurisdiction other than Ontario.

   3.  Section 48.2 of the Act is repealed and the following substituted:

Restriction on share ownership

   48.2  (1)  No person or entity, and no combination of persons or entities acting jointly or in concert, may beneficially own or exercise control or direction over more than 10 per cent of any class or series of voting securities of Hydro One Inc.  However this restriction does not apply with respect to voting securities of Hydro One Inc. held by the Minister on behalf of Her Majesty in right of Ontario.

Exception for underwriters

   (2)  Subsection (1) does not apply to an underwriter who holds voting securities solely for the purpose of distributing voting securities to purchasers who comply with subsection (1).

If limits exceeded

   (3)  Where any person or entity or combination of persons or entities acting jointly or in concert beneficially owns or exercises control or direction over more than 10 per cent of any class or series of voting securities, Hydro One Inc. shall promptly take steps under its articles of incorporation to remedy the situation.

Remedies, articles of incorporation

   (4)  The articles of incorporation of Hydro One Inc. shall include the restriction provided for in subsection (1) and provisions to enforce that restriction, which may include, without being limited to, provisions respecting,

  (a)  the filing of declarations;

  (b)  the suspension of voting rights;

   (c)  the forfeiture of dividends;

  (d)  the refusal of the issuance or registration of voting securities; and

  (e)  the sale or redemption of voting securities held contrary to the restriction and the payment of the net proceeds to the person or entity entitled to them.

Restrictions on Province’s sale, etc.

   (5)  The Minister on behalf of Her Majesty in right of Ontario shall not sell, dispose of or otherwise divest any voting securities of Hydro One Inc. of any class or series of voting securities of Hydro One Inc. if the sale, disposal or divestment would result in the Minister on behalf of Her Majesty in right of Ontario owning less than 40 per cent of the outstanding number of voting securities of that class or series.

Maintaining provincial ownership

   (6)  If as a result of the issuance of additional voting securities of any class or series by Hydro One Inc., the Minister on behalf of Her Majesty in right of Ontario owns less than 40 per cent of the outstanding number of voting securities of that class or series, then the Minister shall, subject to the approval of the Lieutenant Governor in Council and subject to the requirements set out in this section, take steps to acquire as many voting securities of that class or series of voting securities as are necessary to increase the Minister’s ownership to not less than 40 per cent of the outstanding number of voting securities of that class or series.

When may acquire voting securities

   (7)  The Minister shall acquire voting securities in accordance with subsection (6) only if,

  (a)  the Lieutenant Governor in Council has determined the manner by which, and the time by or within which, the voting securities shall be acquired and the Minister acquires them in accordance with that determination; and

  (b)  the Minister’s actions and the acquisition comply with the Securities Act and any other applicable Act or regulation.

Funding

   (8)  The money required for the purposes of subsection (6) shall be paid out of the money appropriated for those purposes by the Legislature.

Reports

   (9)  The Minister shall table reports in the Assembly from time to time regarding the steps the Minister has taken under subsection (6).

Issuing shares to employees

   (10)  Despite section 23 of the Business Corporations Act, the board of directors of Hydro One Inc. may authorize the issuance of shares of Hydro One Inc. to employees of  Hydro One Inc. or of any of its subsidiaries, or for their benefit or on their behalf, for no consideration or for such consideration as the board of directors may approve.

Same, stated capital account

   (11)  Despite section 24 of the Business Corporations Act, Hydro One Inc. may add to the appropriate stated capital account for shares issued under subsection (10) the amounts received by Hydro One Inc. for those shares.

Non-application of Business Corporations Act, s. 42

   (12)  Section 42 of the Business Corporations Act does not apply to Hydro One Inc.

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

Office of the ombudsman

   48.3  The board of directors of Hydro One Inc. shall appoint an ombudsman for Hydro One Inc. and its subsidiaries to act as a liaison with customers and shall establish procedures for the ombudsman to inquire into and report to the board of directors of Hydro One Inc. on matters raised with the ombudsman by or on behalf of customers.

   5.  Subsection 49 (1) of the Act is amended by adding at the end “subject to the restrictions set out in section 48.2”.

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

Holding corporation

   50.2.1  (1)  Despite subsection 48.2 (5), if Her Majesty in right of Ontario is the only holder of voting securities of Hydro One Inc., the Minister may transfer all of those voting securities to a corporation established under section 50.1, and if the Minister does so, then the following rules apply on and from the completion of the transfer despite anything else in this Act, but subject to the regulations under subsection (2):

     1  Every reference in this Part and in the regulations under this Part to Hydro One Inc. shall be deemed to be a reference to that corporation established under section 50.1.

    2.  Every other reference to Hydro One Inc. in this Act and in the regulations and in any other Act or regulation shall be deemed to include a reference to that corporation established under section 50.1.

Regulations

   (2)  The Lieutenant Governor in Council may make regulations clarifying or modifying the application of the rules set out in paragraphs 1 and 2 of subsection (1).

   7.  Section 50.3 of the Act is repealed and the following substituted:

Proceeds of disposition

   50.3  (1)  This section applies if an amount is payable into the Consolidated Revenue Fund in respect of,

  (a)  the disposition of any securities or debt obligations of, or other interest in, Hydro One Inc. or any of its subsidiaries, a corporation established under section 50, a corporation or other entity established under section 50.1 or an arrangement made under section 50.1; or

  (b)  capital for any shares of Hydro One Inc.

Payment to Financial Corporation

   (2)  The Minister of Finance shall pay to the Financial Corporation an amount equal to the proceeds payable to the Crown in respect of the disposition of securities, debt obligations or other interest described in clause (1) (a),

  (a)  less any amount that the Minister considers advisable in connection with the acquisition of the securities, debt obligations or interest, including the amount of the purchase price, any obligations assumed and any other costs incurred by the Crown and any amounts which have been allocated by the Crown to the Financial Corporation in respect of the securities; and

  (b)  less the amount of any costs incurred by the Crown in disposing of the securities, debt obligation or interest.

Same

   (3)  The Minister of Finance shall pay to the Financial Corporation an amount equal to the amount payable to the Crown in respect of capital for any shares of Hydro One Inc. less any amount that the Minister considers advisable in connection with the acquisition of the shares, including the amount of the purchase price, any obligations assumed and any other costs incurred by the Crown.

Payment methods

   (4)  The amounts payable to the Financial Corporation under subsections (2) and (3) are payable out of the Consolidated Revenue Fund and the Minister of Finance shall make the payments in cash, by set off, through the issuance of securities or debt obligations or in another form as determined by the Minister.

Same

   (5)  The Minister’s authority under subsection (4) to make a payment through the issuance of securities or debt obligations includes the authority to determine their terms and conditions.

Same

   (6)  For greater certainty, the Minister’s authority under subsection (4) includes making a payment by granting a remission of all or part of a debt owed by the Financial Corporation to Her Majesty in right of Ontario, and any remission so granted shall be reported to the Legislature in the Public Accounts.

Repeal

   (7)  This section is repealed on the day on which Part V is repealed under section 84.1.

   8.  Section 50.4 of the Act is repealed.

   9.  (1)  Clauses 53 (1) (c) and (d) of the Act are repealed.

   (2)  Subsections 53 (2), (3), (4) and (5) of the Act are repealed.

Commencement

   10.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Sections 2, 3, 5, 6, 8 and 9 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 10
financial accountability officer Act, 2013

   1.  The Financial Accountability Officer Act, 2013 is amended by adding the following section after the heading “Miscellaneous”:

Exclusion re: Hydro One Inc.

   16.1  (1)  Hydro One Inc. and its subsidiaries are deemed not to be public entities for the purposes of this Act on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Transition

   (2)  Despite subsection (1), for a period of six months after the date described in that subsection,

  (a)  the Financial Accountability Officer may continue to exercise all of his or her powers under this Act in relation to Hydro One Inc. and its subsidiaries with respect to research undertaken before that date; and

  (b)  Hydro One Inc. and its subsidiaries continue to have the duties of a public entity under this Act in relation to those matters.

Repeal

   (3)  Subsection (2) and this subsection are repealed on the first anniversary of the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

SCHEDule 11
financial administration Act

   1.  (1)  Section 1 of the Financial Administration Act is amended by adding the following subsection:

Exception for certain corporations

   (6)  The following corporations and entities are deemed not to be public entities for the purposes of this Act:

   (2)  Subsection 1 (6) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:

    1.  The Ontario Retirement Pension Plan Administration Corporation (established by theOntario Retirement Pension Plan Administration Corporation Act, 2015) and its subsidiaries, if any.

   (3)  Subsection 1 (6) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:

    2.  Hydro One Inc. and its subsidiaries, which are deemed not to be public entities on and after the date on which subsection 1 (3) of Schedule 11 to the Building Ontario Up Act (Budget Measures), 2015 comes into force.

   2.  Subsection 1.0.4 (4) of the Act is repealed and the following substituted:

Board staff

   (4)  Such employees as are necessary for the proper conduct of the business of the Board shall be appointed under Part III of the Public Service of Ontario Act, 2006.

   3.  Section 1.0.10 of the Act is amended by adding the following subsection:

Exception re: Hydro One Inc.

   (1.1)  Despite clause (1) (c.2), a regulation cannot be made in respect of the accounting policies and practices of Hydro One Inc. or any of its subsidiaries.

   4.  Sections 1.0.16 and 1.0.17 of the Act are repealed and the following substituted:

Delegation of powers

   1.0.16  (1)  In this section,

“designated minister” means a minister to whom responsibility for the administration of this Act, or a part of this Act, has been assigned or transferred under the Executive Council Act.

Delegation

   (2)  Any power or duty conferred or imposed on a designated minister under this or any other Act may be delegated by the minister to his or her deputy minister or to a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in or provides services to the ministry of the minister and, when purporting to exercise a delegated power or duty, the delegate shall be presumed conclusively to act in accordance with the delegation.

Exception

   (3)  A designated minister may not delegate his or her powers under subsection 5.1 (3) or 5.2 (2).

Delegation subject to conditions

   (4)  A delegation under this section shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it.

Subdelegation

   (5)  In a delegation under this section, the designated minister may authorize a person to whom a power or duty is delegated to delegate to others the exercise of the delegated power or duty, subject to such limitations, conditions and requirements as the person may impose.

Deeds and contracts

   (6)  Despite section 6 of the Executive Council Act, a deed or contract signed by a person empowered to do so under a delegation or subdelegation made under this section has the same effect as if signed by the designated minister.

Facsimile signature

   (7)  A designated minister or his or her deputy minister may authorize the use of a facsimile of his or her signature on any document except an affidavit or statutory declaration, and the facsimile signature is deemed to be the signature of the minister or the deputy minister, as the case may be.

Transitional

   (8)  Every delegation made under subsection 64 (1) of the Capital Investment Plan Act, 1993 that was in effect on December 14, 2009 and remains in effect on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent is deemed after December 14, 2009 to have been made under the authority of this section.

Protection from personal liability

   1.0.17  (1)  In this section,

“designated minister” means a minister to whom responsibility for the administration of this Act, or a part of this Act, has been assigned or transferred under the Executive Council Act.

Same

   (2)  No action or other proceeding for damages shall be commenced against the deputy minister of a designated minister or any public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the ministry of a designated minister for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in good faith in the performance of his or her duty.

Same, delegates

   (3)  No action or other proceeding for damages shall be commenced against any public servant employed under Part III of the Public Service of Ontario Act, 2006 who provides services to the ministry of a designated minister for any act done in good faith in the performance or intended performance of his or her duty under a delegation or subdelegation of a power or duty of the minister or for any alleged neglect or default in good faith in the performance of his or her duty.

Crown liability

   (4)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (2) and (3) do not relieve the Crown of any liability to which it would otherwise be subject in respect of a tort committed by the deputy minister of a designated minister or by a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in or provides services to the ministry of a designated minister.

   5.  Section 1.0.25 of the Act is amended by adding the following subsections:

Exception re: Hydro One Inc.

   (5)  Subsections (1) and (2) apply with respect to Hydro One Inc. for the sole purpose of the preparation of consolidated financial statements of the Province set out in the Public Accounts and quarterly consolidated financial statements of the Province.

Same

   (6)  However, Hydro One Inc. and the administrator of any pension plan sponsored by it are not required to provide to the Minister of Finance any information that relates to a period for which Hydro One Inc. has not yet disclosed to the public its audited or unaudited financial statements.

Repeal

   (7)  Subsections (5) and (6) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor.

   6.  (1)  Clauses 1.0.26 (1) (b) and (c) of the Act are repealed and the following substituted:

  (b)  the consolidated financial statements of the Province for the fiscal year;

   (c)  the report of the Auditor General concerning his or her examination of the consolidated financial statements of the Province; and

   (2)  Subsection 1.0.26 (2) of the Act is amended by striking out “the summary financial statements” and substituting “the consolidated financial statements of the Province”.

   7.  Clause 10.1 (2) (c) of the Act is amended by striking out “in paragraph 1 or 2” and substituting “in paragraph 1, 2 or 2.1”.

   8.  Subsection 11.7 (3) of the Act is repealed.

   9.  Section 11.8 of the Act is repealed and the following substituted:

Payment re: certain environmental remediation liabilities

   11.8  (1)  This section applies with respect to amounts in satisfaction of environmental remediation liabilities incurred by a ministry or specified public entity before April 1, 2015, if,

  (a)  the remediation is required to comply with Ontario’s or the Government of Canada’s environmental standards legislation; and

  (b)  payment of the amount is not otherwise authorized by an Act of the Legislature.

Appropriation

   (2)  Amounts in satisfaction of the environmental remediation liabilities described in subsection (1) are a charge upon and payable out of the Consolidated Revenue Fund during a fiscal year that begins on or after April 1, 2015.

Restriction

   (3)  However, the aggregate amount authorized by subsection (2) for a ministry or specified public entity shall not exceed the aggregate amount of environmental remediation liabilities of that ministry or specified public entity at March 31, 2015 arising under Ontario’s or the Government of Canada’s environmental standards legislation, as stated in the Public Accounts for Ontario for the fiscal year ending March 31, 2015, or in financial information supplementary thereto, the payment of which is not otherwise authorized by an Act of the Legislature.

Exclusion from the estimates

   (4)  Despite clause 11.6 (1) (b), the estimates shall not include expenditures to be made on or after April 1, 2015 under the authority of this section.

Transition

   (5)  If an amount in satisfaction of a liability described in subsection (1) is charged to an appropriation on or after April 1, 2015 and before the day on which the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent, the amount is deemed, as of the day on which it was charged, not to have been charged to that appropriation but to have been charged instead to the appropriation provided by subsection (2).

Same

   (6)  If a liability described in subsection (1) was recognized in the financial accounts before the day on which the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent, but was not charged to an appropriation, the appropriation provided by subsection (2) is deemed for accounting purposes to have been available when the liability was recognized.

   10.  (1)  Paragraph 1 of subsection 16.0.1 (2) of the Act is amended by striking out the portion before subparagraph i and substituting the following:

    1.  All or part of the refund, repayment or reduction, as the Treasury Board may determine, shall be credited to an appropriation,

.     .     .     .     .

   (2)  Subparagraph 1 ii of subsection 16.0.1 (2) of the Act is amended by striking out “by the Minister of Finance” and substituting “by the Board”.

   11.  (1)  Subsection 26 (2) of the Act is repealed and the following substituted:

Loans in foreign currency

   (2)  If, under the authority of this or any other Act, money is borrowed or securities are issued and sold in a currency other than Canadian dollars, the amount borrowed or the amount for which the securities were sold is deemed, in Canadian dollars, to be the amount that would be realized by converting to Canadian dollars the amount of the loan or the amount received by Ontario on the sale of the securities, before any deduction for commission, expenses or other similar costs of their issue and sale, at the following rate:

    1.  If, on the date on which the agreement to borrow the money or sell the securities is entered into, the Bank of Canada provides a Canadian dollar noon spot exchange rate for that currency, the currency conversion is calculated at that rate.

    2.  If paragraph 1 does not apply, and subject to subsection (5), the currency conversion is calculated at the Canadian dollar noon spot exchange rate for that currency as provided by the Bank of Canada for the date that is before, and is as close as possible to, the date described in paragraph 1.

   (2)  Clause 26 (4) (a) of the Act is repealed and the following substituted:

  (a)  when the sum is raised on or before the day the loan or security becomes due or matures, the amount that would be realized by converting to Canadian dollars the amount of the loan or security at the following rate:

           (i)  If, on the date on which the agreement to borrow the money or sell the security to raise the sum is entered into, the Bank of Canada provides a Canadian dollar noon spot exchange rate for that currency, the currency conversion is calculated at that rate.

          (ii)  If subclause (i) does not apply, and subject to subsection (5), the currency conversion is calculated at the Canadian dollar noon spot exchange rate for that currency as provided by the Bank of Canada for the date that is before, and is as close as possible to, the date described in subclause (i); or

   (3)  Subsection 26 (5) of the Act is amended by striking out “in the 10 days immediately preceding the day described in clause (2) (b), subclause (4) (a) (ii) or subclause (4) (b) (ii), as the case requires” and substituting “in the 10 days preceding the date described in paragraph 1 of subsection (2), in subclause (4) (a) (i) or in subclause (4) (b) (ii), as the case requires”.

   12.  (1)  Subsection 28 (1) of the Act is repealed and the following substituted:

Transactions that increase provincial liabilities

   (1)  Despite any other Act, a ministry or public entity shall not enter into any financial arrangement, financial commitment, guarantee, indemnity or similar transaction that would increase, directly or indirectly, the indebtedness or contingent liabilities of Ontario, or seek the approval of the Lieutenant Governor in Council to do so, unless the arrangement, commitment, guarantee, indemnity or transaction,

  (a)  is approved under subsection (1.1);

  (b)  falls within a class that is approved under subsection (1.2);

   (c)  is exempted from the application of this subsection under subsection (1.3); or

  (d)  falls within a class that is exempted from the application of this subsection under subsection (1.4).

Approval by the Minister

   (1.1)  The Minister may, in writing, approve a financial arrangement, financial commitment, guarantee, indemnity or similar transaction referred to in subsection (1) and may impose terms and conditions that apply in relation to the approval.

Same, class of transactions

   (1.2)  The Minister may, in writing, approve a class of financial arrangements, financial commitments, guarantees, indemnities or similar transactions referred to in subsection (1) and may impose terms and conditions that apply in relation to the approval.

Exemption by the Minister

   (1.3)  The Minister may, in writing, exempt a financial arrangement, financial commitment, guarantee, indemnity or similar transaction from the application of subsection (1) and may impose terms and conditions that apply in relation to the exemption.

Same, class of transactions

   (1.4)  The Minister may, by regulation, exempt a class of financial arrangements, financial commitments, guarantees, indemnities or similar transactions from the application of subsection (1) and may impose terms and conditions that apply in relation to the exemption.

   (2)  Subsection 28 (2) of the Act is amended by striking out “unless the Minister of Finance exempts it in writing from the application of this subsection” at the end and substituting “unless the Minister declares, in writing, that this subsection does not apply to the transaction.  The Minister may impose terms and conditions that apply in relation to the declaration.”.

   (3)  Subsection 28 (3) of the Act is repealed and the following substituted:

Non-application of Legislation Act, 2006, Part III

   (3)  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an approval under subsection (1.2).

Commencement

   13.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Subsection 1 (2) comes into force on the day subsection 2 (1) of Schedule 33 (Ontario Retirement Pension Plan Administration Corporation Act, 2015) to the Building Ontario Up Act (Budget Measures), 2015 comes into force.

Same

   (3)  Subsection 1 (3) and sections 3 and 5 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 12
financial services commission of ontario act, 1997

   1.  Subsection 27 (1) of the Financial Services Commission of Ontario Act, 1997 is repealed and the following substituted:

Fees and forms

   (1)  The Minister may make regulations governing fees under this Act, including,

  (a)  requiring the payment of fees in relation to any matter under this Act, including any services provided by or through the Ministry or the Commission;

  (b)  prescribing the amount of fees or the manner of determining fees;

   (c)  prescribing the manner in which and the period within which fees must be paid.

Commencement

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

 

schedule 13
freedom of information and protection of privacy act

   1.  (1)  The Freedom of Information and Protection of Privacy Act is amended by adding the following section:

Non-application re: certain corporations

Ontario Retirement Pension Plan Administration Corporation

   65.3  This Act does not apply to the Ontario Retirement Pension Plan Administration Corporation (established by the Ontario Retirement Pension Plan Administration Corporation Act, 2015) and its subsidiaries, if any.

   (2)  Section 65.3 of the Act, as enacted by subsection (1), is amended by adding the following subsections:

Hydro One Inc.

   (2)  This Act does not apply to Hydro One Inc. and its subsidiaries on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Same

   (3)  The annual publication of information required by section 31 on or after the date described in subsection (2) must not include information about Hydro One Inc. and its subsidiaries.

Same, transition

   (4)  If a person has made a request under subsection 24 (3) for continuing access to a record of Hydro One Inc. or a subsidiary before the date described in subsection (2), and if the specified period for which access is requested expires after April 23, 2015, the specified period is deemed to have expired on April 23, 2015.

Same, transition

   (5)  Despite subsection (2), for a period of six months after the date described in that subsection,

  (a)  the Commissioner may continue to exercise all of his or her powers under section 52 (inquiry) and clause 59 (b) (certain orders) in relation to Hydro One Inc. and its subsidiaries with respect to matters that occurred and records that were created before that date; and

  (b)  Hydro One Inc. and its subsidiaries continue to have the duties of an institution under this Act in relation to the exercise of the Commissioner’s powers mentioned in clause (a).

Continuing authority to issue orders, etc.

   (6)  The powers and duties of the Commissioner to issue orders under section 54 and clause 59 (b) with respect to matters mentioned in subsection (5) continue for an additional six months after the expiry of the six-month period described in that subsection.

Orders binding

   (7)  An order issued within the time described in subsection (6) is binding on Hydro One Inc. or its subsidiaries, as the case may be.

Repeal

   (8)  Subsections (4), (5), (6) and (7) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor.

Commencement

   2.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Subsection 1 (1) comes into force the day subsection 2 (1) of Schedule 33 (Ontario Retirement Pension Plan Administration Corporation Act, 2015) to the Building Ontario Up Act (Budget Measures), 2015 comes into force.

 

schedule 14
government advertising act, 2004

   1.  (1)  The definition of “item” in subsection 1 (1) of the Government Advertising Act, 2004 is repealed and the following substituted:

“item” means an advertisement, printed matter or message to which section 2, 3 or 4, as the case may be, applies; (“document”)

   (2)  The definition of “prescribed” in subsection 1 (1) of the Act is amended by striking out “a regulation made under this Act” at the end and substituting “the regulations”.

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

“regulations” means regulations made under this Act; (“règlements”)

“standards” means the standards established under section 6. (“normes”)

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

Advertisements, printed matter, messages

   1.1  (1)  Nothing in this Act, other than subsection 8 (3), prevents or limits the ability of a government office to publish, display or broadcast an advertisement, distribute printed matter to Ontario households, or convey a message to the public, if the advertisement, printed matter or message meets the standards or is not subject to review under this Act.

Examples

   (2)  Examples of reasons for which a government office may choose to communicate to the public in a manner described in subsection (1) include,

  (a)  informing the public about existing, new or proposed government programs, plans, services or policies, including fiscal policies such as policies respecting pensions or taxes;

  (b)  informing the public about changes or proposed changes to existing government programs, plans, services or policies;

   (c)  informing the public about the goals, objectives, expected outcomes, or results of, or rationale for, a matter referred to in clause (a) or (b);

  (d)  informing the public of their rights and responsibilities under the law;

  (e)  encouraging or discouraging specific social behaviour, in the public interest;

   (f)  promoting Ontario or any part of Ontario as a good place to live, work, invest, study or visit;

  (g)  promoting any economic activity or sector of Ontario’s economy or the government’s plans to support that economic activity or sector; and

  (h)  informing the public about Ontario’s relationships with other Canadian governments, including promoting Ontario’s interests in relation to those governments.

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

Requirement for preliminary review of advertisements

Application

   (1)  This section applies with respect to any advertisement that a government office proposes to pay to have,

  (a)  published in a newspaper or magazine;

  (b)  displayed on a billboard or as a public transit advertisement;

   (c)  displayed digitally in a prescribed form or manner; or

  (d)  broadcast on radio or television, or in a cinema.

Submission for preliminary review

   (2)  The head of the government office shall give a copy of the advertisement to the Office of the Auditor General for preliminary review.

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

Submission for preliminary review

   (2)  The head of the government office shall give a copy of the printed matter to the Office of the Auditor General for preliminary review.

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

Submission for preliminary review

   (2)  The head of the government office shall give a copy of the message to the Office of the Auditor General for preliminary review.

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

Requirement for final review

   4.1  (1)  The head of the government office shall give a copy of any item that the government office proposes to publish, display, broadcast, distribute or convey to the Office of the Auditor General for final review if,

  (a)  after the Auditor General’s preliminary review of the item, the Office of the Auditor General,

           (i)  gives notice to the head of the office that the item meets the standards, subject to subsection (2),

          (ii)  gives notice to the head of the office that there was insufficient information to determine whether the item meets the standards, or

         (iii)  does not give notice to the head of the office within the time specified by subsection 7 (1); or

  (b)  the item is exempted from preliminary review by the regulations.

Exception

   (2)  Subclause (1) (a) (i) does not apply if the notice indicates that a final review of the item under subsection (1) is not required.

When revised version does not require preliminary review

   (3)  If a government office proposes to use a revised version of an item that has been reviewed by the Auditor General, the head of the office may, in the following circumstances, give the revised version to the Office of the Auditor General for review under subsection (1):

    1.  The head of the office received notice that the item did not meet the standards.

    2.  Subsection (2) applied to the item.

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

Review by Auditor General

   (1)  The Auditor General shall review every item given to the Office of the Auditor General under this Act to determine whether it meets the standards.

   8.  Sections 6, 7 and 8 of the Act are repealed and the following substituted:

Required standards

   6.  (1)  The following are the standards that an item is required to meet:

    1.  It must include a statement that the item is paid for by the Government of Ontario.

    2.  It must not be partisan, as determined under subsection (2).

    3.  It must meet any additional standards that may be prescribed.

Partisan advertising

   (2)  An item is partisan if,

  (a)  it includes the name, voice or image of a member of the Executive Council or of a member of the Assembly, unless the item’s primary target audience is located outside of Ontario;

  (b)  it includes the name or logo of a recognized party, within the meaning of subsection 62 (5) of the Legislative Assembly Act;

   (c)  it directly identifies and criticizes a recognized party or a member of the Assembly; or

  (d)  it includes, to a significant degree, a colour associated with the governing party, subject to subsection (4).

Reference to title

   (3)  Clause (2) (a) does not prevent the use of a member’s title.

Exception, colour

   (4)  Clause (2) (d) does not apply to the depiction of a thing that is commonly depicted in a colour associated with the governing party.

Notice

   7.  (1)  The Office of the Auditor General shall notify the head of the government office of the results of a preliminary review under section 2, 3 or 4 within the prescribed number of days after receiving the item for preliminary review.

Same

   (2)  The Office of the Auditor General shall notify the head of the government office of the results of a final review under subsection 4.1 (1) within the prescribed number of days after receiving the item for review under that subsection.

Deemed notice

   (3)  If notice is not given within the period specified under subsection (2), the head of the government office is deemed to have received notice that the item meets the standards.

Prohibitions

On use pending review

   8.  (1)  A government office shall not publish, display, broadcast, distribute or convey an item before the head of the office,

  (a)  receives notice, or is deemed to have received notice, of the results of a review of the item under subsection 4.1 (1); or

  (b)  in the case of an item to which subsection 4.1 (2) applies, receives notice from the Office of the Auditor General that the item meets the standards and that a final review is not required, subject to subsection 4.1 (3).

On use if standards not met

   (2)  A government office shall not publish, display, broadcast, distribute or convey an item if the head of the office receives notice from the Office of the Auditor General that the item does not meet the standards.

On use during election period

   (3)  Despite notice or deemed notice that an item meets the standards, a government office shall not publish, display, broadcast, distribute or convey the item during the period beginning with the issue of a writ under the Election Act for a general election and ending on polling day, unless permitted under subsection (4).

Exceptions

   (4)  Subsection (3) does not apply if the item,

  (a)  relates to a revenue-generating activity,

  (b)  is time sensitive, or

   (c)  meets any other criteria that may be prescribed.

Pre-existing publication, etc.

   (5)  Subsection (3) requires a government office to cease any ongoing or continued publication, display, broadcasting, distribution or conveying of an item that began before the beginning of the period referred to in that subsection, unless, in the opinion of the head of the office, it is not practicable to do so.

   9.  Subsection 9 (2) of the Act is amended by striking out “section 2, 3, 4 or 8” at the end and substituting “section 2, 3, 4, 4.1 or 8”.

   10.  Section 10 of the Act is amended by striking out “section 2, 3, 4 or 8” and substituting “section 2, 3, 4, 4.1 or 8”.

   11.  (1)  Section 12 of the Act is amended by adding the following clauses:

(a.1) setting out forms or manners of digital display for the purposes of clause 2 (1) (c);

(a.2) governing the manner in which an advertisement prescribed under clause (a.1) may be given to the Office of the Auditor General for review under this Act, including providing that variations of such an advertisement may be specified or described rather than submitted individually;

(a.3) exempting items from preliminary review under section 2, 3 or 4;

   (2)  Clause 12 (c) of the Act is amended by striking out “paragraph 6” and substituting “paragraph 3”.

   (3)  Clauses 12 (d) and (e) of the Act are repealed and the following substituted:

  (d)  prescribing numbers of days for the purposes of subsection 7 (1) and for the purposes of subsection 7 (2);

  (e)  defining or clarifying the meaning of terms used in clause 8 (4) (a) or (b);

   (f)  setting out criteria for the purposes of clause 8 (4) (c).

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

Same

   (2)  A regulation made under clause (1) (d) may prescribe different numbers of days for advertisements, printed matter and messages, and for different classes of each of them.

Commencement

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

 

schedule 15
health insurance act

   1.  Subsections 2 (7) and (8) of the Health Insurance Act are repealed.

   2.  Section 6 of the Act is repealed.

   3.  (1)  Subsection 16.1 (6) of the Act is repealed and the following substituted:

Keeping and inspection of records

   (6)  Section 37.1 applies with necessary modifications to a person or entity to which payment is made pursuant to a direction by a physician or practitioner.

   (2)  Section 16.1 of the Act is amended by adding the following subsection:

Same

   (7)  Subsections 37 (5), (6) and (7) apply with necessary modifications to a person or entity to which payment is made pursuant to a direction by a physician in respect of the records required to be kept.

   4.  Section 18.1 of the Act is repealed.

   5.  (1)  Paragraph 4 of subsection 20 (1) of the Act is repealed.

   (2)  Subsection 20 (2) of the Act is amended by striking out “or the direction of the applicable committee” at the end.

   6.  (1)  Subsection 21 (1.0.1) of the Act is amended by striking out “or a practitioner review committee”.

   (2)  Subsections 21 (1.1) and (1.2) of the Act are repealed.

   7.  Section 22 of the Act is repealed and the following substituted:

Parties

   22.  (1)  The General Manager is a party to all proceedings before the Appeal Board.

Same

   (2)  The Appeal Board may add any other parties to a proceeding that it considers appropriate.

   8.  Subsection 24 (5) of the Act is repealed.

   9.  Subsection 27.2 (2) of the Act is repealed and the following substituted:

Same

   (2)  The General Manager may obtain or recover money from a practitioner by set-off despite a review by the Medical Eligibility Committee.

   10.  Subsection 37.1 (6) of the Act is repealed and the following substituted:

Obligation to provide information to the General Manager

   (6)  If there is a question about whether an insured service was provided, the physician, practitioner or health facility shall provide the General Manager with all relevant information within his, her or its control.

   11.  (1)  Paragraph 1 of subsection 38 (1.1) of the Act is amended by striking out “a practitioner review committee”.

   (2)  Paragraph 2 of subsection 38 (1.1) of the Act is repealed and the following substituted:

    2.  The employees and agents, if any, of the Review Board, the Appeal Board and the Medical Eligibility Committee.

   (3)  Subsection 38 (4) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Exception for professional discipline

   (4)  If, in the course of the administration of this Act and the regulations, the General Manager obtains reasonable grounds to believe that a physician or practitioner is incompetent, incapable or has committed professional misconduct, the General Manager shall give the following information to the statutory body that governs the profession of the physician or practitioner:

.     .     .     .     .

   12.  (1)  Paragraph 1 of subsection 39 (2) of the Act is amended by striking out “a practitioner review committee”.

   (2)  Paragraph 2 of subsection 39 (2) of the Act is repealed and the following substituted:

    2.  The employees and agents, if any, of the Review Board, the joint committee and the Medical Eligibility Committee.

   13.  Sections 39.1, 40, 40.1 and 40.2 of the Act are repealed.

   14.  (1)  Clause 45 (1) (c.1) of the Act is repealed.

   (2)  Clause 45 (1) (t) of the Act is amended by striking out “practitioner review committees”.

   (3)  Clause 45 (1) (x) of the Act is repealed.

   (4)  Clauses 45 (1.1) (a), (b) and (c) of the Act are repealed.

Chiropody Act, 1991

   15.  Section 9 of the Chiropody Act, 1991 is repealed.

Chiropractic Act, 1991

   16.  Section 8 of the Chiropractic Act, 1991 is repealed.

Dentistry Act, 1991

   17.  Section 8 of the Dentistry Act, 1991 is repealed.

Optometry Act, 1991

   18.  Section 8 of the Optometry Act, 1991 is repealed.

Health System Improvements Act, 2007

   19.  Subsection 23 (6) of Schedule G of the Health System Improvements Act, 2007 is repealed.

Regulated Health Professions Statute Law Amendment Act, 2009

   20.  Subsection 11 (2) of the Regulated Health Professions Statute Law Amendment Act, 2009 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)  Sections 19 and 20 come into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 16
highway 407 east act, 2012

   1.  Section 13 of the Highway 407 East Act, 2012 is amended by adding the following subsections:

Settlement of or determination of uncollectability of debt

   (2)  Where the Minister sends a notice of failure to pay the toll to a person under section 5, the Minister may,

  (a)  negotiate and accept as a settlement in full payment and satisfaction of the tolls, fees and interest owed by the person an amount that is less than the whole amount owing;

  (b)  determine that any such tolls, fees or interest are uncollectable; or

   (c)  determine that financial hardship, economic considerations or other circumstances do not warrant the collection or enforcement of any such tolls, fees and interest.

Application of Financial Administration Act

   (3)  Subsections 5 (2), (3) and (3.1) of the Financial Administration Act apply in respect of a debt that is the subject of a settlement or determination described in subsection (2) as if it were the subject of a settlement or determination described in subsection 5 (1) of that Act.

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

  (b)  to do anything the Minister is authorized to do under clause 13 (1) (b), (c), (d), (e) or (f) or under subsection 13 (2);

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

Application of Financial Administration Act to settlement of or determination of uncollectability of debt

   (2.1)  Subsection 13 (3) applies in respect of a debt that is the subject of a settlement negotiated and accepted or a determination made by a person or entity pursuant to a provision in the agreement respecting the Minister’s power under subsection 13 (2) that is authorized by clause (1) (b).

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

Auditor General

   (6)  The Minister may assign to the Auditor General the rights of the Minister to conduct any audit under an agreement entered into under subsection (1), and section 17 of the Auditor General Act applies to any such assignment by the Minister.

Commencement

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

 

schedule 17
insurance act

   1.  Section 121.1 of the Insurance Act is repealed and the following substituted:

Fees

   121.1  The Minister may make regulations governing fees under this Act, including,

  (a)  requiring the payment of fees in relation to any matter under this Act, including any services provided by or through the Ministry of Finance or the Commission;

  (b)  prescribing the amount of fees or the manner of determining fees;

   (c)  prescribing the manner in which and the period within which fees must be paid.

   2.  Subsection 143 (2) of the Act is repealed.

   3.  (1)  Subsection 267.5 (8) of the Act is amended by striking out “$100,000” and substituting “the amount determined in accordance with subsection (8.3)”.

   (2)  Subsection 267.5 (8.1) of the Act is amended by striking out “$50,000” and substituting “the amount determined in accordance with subsection (8.4)”.

   (3)  Section 267.5 of the Act is amended by adding the following subsections:

Amount in subs. (8)

   (8.3)  For the purposes of subsection (8), the amount shall be determined in accordance with the following rules:

    1.  Until December 31, 2015, the amount is $121,799.

    2.  On January 1, 2016, the amount set out in paragraph 1 shall be revised by adjusting the amount by the indexation percentage published under subsection 268.1 (1) for that year.

    3.  On the 1st day of January in every year after 2016, the amount that applied for the previous year shall be revised by adjusting the amount by the indexation percentage published under subsection 268.1 (1) for the year.

Amount in subs. (8.1)

   (8.4)  For the purposes of subsection (8.1), the amount shall be determined in accordance with the following rules:

    1.  Until December 31, 2015, the amount is $60,899.

    2.  On January 1, 2016, the amount set out in paragraph 1 shall be revised by adjusting the amount by the indexation percentage published under subsection 268.1 (1) for that year.

    3.  On the 1st day of January in every year after 2016, the amount that applied for the previous year shall be revised by adjusting the amount by the indexation percentage published under subsection 268.1 (1) for the year.

Publication of adjusted amounts

   (8.5)  For every year after 2015, at the time an indexation percentage is published under subsection 268.1 (1), the Superintendent shall publish in The Ontario Gazette the amounts to which the amounts determined in accordance with subsections (8.3) and (8.4) shall be revised, effective the 1st day of January.

   (4)  Subsection 267.5 (9) of the Act is amended by striking out “made without regard” and substituting “made with regard”.

   4.  Subsections 268.1 (1) and (2) of the Act are amended by striking out “subsection 268 (1.4)” wherever it appears and substituting in each case “subsections 267.5 (8.3), (8.4) and 268 (1.4)”.

   5.  Subsection 275 (4) of the Act is amended by striking out “Arbitrations Act” at the end and substituting “Arbitration Act, 1991”.

Commencement

   6.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

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

 

schedule 18
interim appropriation for 2015-2016 act, 2015

Interpretation

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

Expenses of the public service

   2.  Pending the voting of supply for the fiscal year ending on March 31, 2016, amounts not exceeding a total of $121,429,265,700 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.

Investments of the public service

   3.  Pending the voting of supply for the fiscal year ending on March 31, 2016, amounts not exceeding a total of $4,810,157,000 may be paid out of the Consolidated Revenue Fund or recognized as non-cash investments to be applied to the investments of the public service in capital assets, loans and other investments that are not otherwise provided for.

Expenses of the Legislative Offices

   4.  Pending the voting of supply for the fiscal year ending on March 31, 2016, amounts not exceeding a total of $210,137,600 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.

Charge to proper appropriation

   5.  All expenditures made or recognized under this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2016.

Commencement

   6.  The Act set out in this Schedule is deemed to have come into force on April 1, 2015.

Short title

   7.  The short title of the Act set out in this Schedule is the Interim Appropriation for 2015-2016 Act, 2015.

 

schedule 19
Investment Management Corporation of Ontario Act, 2015

CONTENTS

Definitions

  1.

Definitions

Establishment and Objects of the Corporation

  2.

Corporation established

  3.

Objects

  4.

Capacity, etc., of a natural person

  5.

Not a crown agent

  6.

Application of certain Acts

  7.

Head office

  8.

Fiscal year

Members

  9.

Members

10.

Meetings

11.

Voting powers

Directors and Officers

12.

Board of directors

13.

Election of directors

14.

Delegation

15.

Ceasing to hold office

16.

Removal

17.

Initial board

18.

Chief executive officer

19.

Duty of care

20.

Validity of acts of directors

By-Laws

21.

By-laws

Miscellaneous

22.

Audit

23.

Annual report

24.

Inspection of records

Regulations

25.

Regulations, Lieutenant Governor in Council

26.

Regulations, Minister

Amendments to this Act

27.

s. 6 (3) and (4), Corporations Act

28.

s. 25 (1) (d), regulations

Commencement and Short Title

29.

Commencement

30.

Short title

 

Definitions

Definitions

   1.  In this Act,

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

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act. (“règlements”)

Establishment and Objects of the Corporation

Corporation established

   2.  (1)  A corporation without share capital is hereby established under the name Investment Management Corporation of Ontario in English and Société ontarienne de gestion des placements in French.

Name of Corporation

   (2)  The name of the Corporation may be changed by regulation.

Objects

   3.  (1)  The objects of the Corporation are to provide investment management services and investment advisory services to the members of the Corporation in accordance with this Act and the regulations.

Not for profit

   (2)  The activities and affairs of the Corporation shall be carried on without the purpose of gain and any revenues shall be used by the Corporation for the purpose of carrying out its objects.

Duty to act in best interest of members

   (3)  In providing investment management services and investment advisory services to its members, the Corporation shall act in the best interest of its members.

Capacity, etc., of a natural person

   4.  (1)  Except as limited by this Act and the regulations, the Corporation has the capacity, rights, powers and privileges of a natural person.

Capacity to act outside Ontario

   (2)  The Corporation has the capacity to carry on its activities, conduct its affairs and exercise its powers in a jurisdiction outside Ontario to the extent that the laws of that jurisdiction permit.

Not a crown agent

   5.  The Corporation is not a Crown agency.

Application of certain Acts

   6.  (1)  The Corporations Information Act applies to the Corporation.

Conflict of interest, etc.

   (2)  Section 132 (conflict of interest) and section 136 (indemnification) of the Business Corporations Act apply, with necessary modifications, to the Corporation and its directors, officers and members.

Corporations Act

   (3)  The Corporations Act does not apply to the Corporation except as provided for in the regulations.

Members not liable

   (4)  Despite subsection (3), section 122 (members not liable) of the Corporations Act applies to the members.

Head office

   7.  The head office of the Corporation shall be in the City of Toronto or such other place in Ontario as may be prescribed by the Minister.

Fiscal year

   8.  The Corporation’s fiscal year begins on January 1 in each year and ends on December 31 in the same year.

Members

Members

   9.  (1)  The members of the Corporation are the persons or entities who satisfy all of the following criteria:

    1.  The person or entity is responsible for investing the assets of a pension plan or other investment fund.

    2.  The person or entity has entered into an investment management agreement with the Corporation for the investment of assets.

    3.  The person or entity is one of the following:

            i.  A Crown agency.

           ii.  A corporation, with or without share capital, that is not a Crown agency but is owned, operated or controlled by the Crown.

          iii.  A board, commission, authority or unincorporated body of the Crown.

          iv.  A university in Ontario, including its affiliated and federated colleges, that receives operating grants from the Government of Ontario.

           v.  A municipality as defined in section 1 of the Municipal Act, 2001.

          vi.  Any other body as may be prescribed.

Investment management agreement

   (2)  The investment management agreement must meet such requirements or conditions as may be set out in the by-laws.

Initial members

   (3)  Members of the Corporation on the day subsection 2 (1) comes into force are the persons or entities as designated by the regulations made by the Minister.

Meetings

Annual meeting

   10.  (1)  The board of directors of the Corporation shall call an annual meeting of the members,

  (a)  within 18 months after subsection 2 (1) comes into force; and

  (b)  subsequently, not later than 15 months after holding the preceding annual meeting.

Special meeting

   (2)  The board of directors of the Corporation may at any time call a special meeting of the members.

Voting powers

   11.  Each member has only one vote at its general or special meetings or in respect of elections of its directors, unless the regulations provide that a member has more than one vote or has no vote.

Directors and Officers

Board of directors

   12.  (1)  The board of directors shall manage and supervise the activities and affairs of the Corporation in accordance with this Act.

Composition

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

Same, elected members

   (3)  At least six and not more than eight directors are to be elected in accordance with section 13.

Same, appointed by Minister

   (4)  At least one and not more than three directors are to be appointed by the Minister.

Directors to be independent

   (5)  Each director shall hold office as an independent director and not as a representative of any class of persons.

Qualifications

   (6)  Directors appointed or elected to the board of directors must have experience and expertise in investment management, risk management, finance, corporate governance, accounting, law or in such other areas of expertise as the board of directors may determine from time to time.

Disqualifications

   (7)  The following persons are disqualified from being a director of the Corporation:

    1.  A person who is not an individual.

    2.  A person who is less than 18 years of age.

    3.  A person who has been found under the Substitute Decisions Act, 1992 or under the Mental Health Act to be incapable of managing property or who has been found to be incapable by a court in Canada or elsewhere.

    4.  A person who has the status of bankrupt.

    5.  A person who has been convicted of fraud or a similar offence by any court in Canada or elsewhere.

Ineligibility

   (8)  The following persons are ineligible to be a director of the Corporation:

    1.  A person who is a director, officer, employee or agent of a member.

    2.  A person who is an officer or employee of the Corporation.

Term

   (9)  A director appointed or elected to the board of directors shall be appointed or elected for up to three years.

Maximum term

   (10)  A director may serve no longer than the lesser of three terms or nine years.

Remuneration

   (11)  A director is entitled to receive from the Corporation remuneration and benefits fixed in accordance with the by-laws, which remuneration and benefits shall be fixed having regard to the remuneration and benefits received by persons having similar responsibilities and engaged in similar activities.

Quorum

   (12)  A majority of the directors constitutes a quorum of the board of directors.

Chair

   (13)  The Minister shall, after consulting with the board of directors, designate one of the directors appointed by the Minister to be the chair of the board of directors.

Vacancy on board

   (14)  If there are one or more vacancies on the board of directors, the remaining directors may exercise all the powers of the board if they would constitute a quorum of the board, if there were no vacancies.

Election of directors

Nominating committee

   13.  (1)  A nominating committee shall be established for the purpose of proposing candidates who may be elected by the members.

Appointment of nominating committee

   (2)  The board of directors shall pass a by-law setting out the manner and procedure for the appointment of individuals to the nominating committee.

Proposal of candidates

   (3)  The nominating committee shall propose candidates, along with a proposed term for each candidate, to the members.

Election

   (4)  A candidate nominated by the nominating committee may be elected by the members by at least a majority of the votes cast.

Delegation

   14.  The board of directors may delegate any power or duty to any committee, to any director or to any officer of the Corporation, except the power to,

  (a)  approve the Corporation’s budget, including the budget for capital expenditures and staffing;

  (b)  approve the business plan and financial statements of the Corporation;

   (c)  appoint, supervise or set the compensation of the chief executive officer;

  (d)  fill a vacancy in a committee of the board;

  (e)  make, amend or repeal by-laws and submit them to members for confirmation under section 21; and

   (f)  establish investment policies, standards and procedures.

Ceasing to hold office

   15.  (1)  A director ceases to hold office on the earliest of the following:

    1.  The date on which his or her term of office expires.

    2.  The date on which he or she dies.

    3.  The date on which he or she resigns.

    4.  The date on which he or she is removed in accordance with section 16.

    5.  The date on which he or she ceases to qualify to be a director under subsection 12 (6) or (7).

    6.  The date on which he or she ceases to be eligible to be a director under subsection 12 (8).

Effective date of resignation

   (2)  The resignation of a director becomes effective at the time the resignation is received by the Corporation or at the time specified in the resignation, whichever is later.

Removal

   16.  (1)  The members may, by majority of votes cast, remove from office any director except a director appointed by the Minister.

Same, director appointed by Minister

   (2)  The Minister may remove from office any director that the Minister has appointed.

Initial board

   17.  (1)  An initial board of directors is established on the day subsection 2 (1) comes into force.

Composition

   (2)  Despite subsections 12 (2), (3) and (4), the initial board shall consist of the following:

    1.  Four directors appointed by the persons or entities who are prescribed by the Minister for the purposes of this subsection.

    2.  Three directors appointed by the Minister.

Chair

   (3)  Despite subsection 12 (13), the Minister shall, after consulting with the prescribed persons or entities referred to in paragraph 1 of subsection (2), designate one of the directors appointed by the Minister to be the chair of the initial board.

Dissolution

   (4)  The initial board is dissolved on the earlier of,

  (a)  the third anniversary of the day subsection 2 (1) comes into force; and

  (b)  the day the first board is constituted under section 12.

Chief executive officer

   18.  (1)  The board of directors shall appoint an employee of the Corporation as chief executive officer and shall determine the chief executive officer’s compensation, powers, duties and functions.

Review of performance

   (2)  The board of directors shall review and monitor the performance of the chief executive officer.

Delegation

   (3)  The chief executive officer may, on terms and conditions that he or she considers advisable, delegate to any employee of the Corporation or any other person or class of person any the chief executive officer’s powers or duties.

Duty of care

Care, diligence and skill

   19.  (1)  A director, officer, employee or agent of the Corporation shall exercise the care, diligence and skill in the investment of the members’ assets that a person of ordinary prudence would exercise in dealing with the property of another person.

Special knowledge and skill

   (2)  A director, officer, employee or agent of the Corporation shall use in the investment of the members’ assets all relevant knowledge and skill that the director, officer, employee or agent possesses or, by reason of that person’s profession, business or calling, ought to possess.

Duty to comply with Act, etc.

   (3)  Every director, officer, employee and agent of the Corporation shall comply with,

  (a)  this Act and the regulations; and

  (b)  the Corporation’s by-laws.

Cannot contract out statutory duty

   (4)  No provision in a contract, the by-laws or a resolution relieves a director or officer from the duty to act in accordance with this Act and the regulations or relieves him or her from liability for a breach of this Act or the regulations.

Validity of acts of directors

   20.  (1) An act of a director is valid despite any irregularity in his or her election or appointment or a defect in his or her qualifications or eligibility to be a director.

Same, officers

   (2)  An act of an officer is valid despite any irregularity in his or her appointment or a defect in his or her qualifications.

By-Laws

By-laws

   21.  (1)  The board of directors may by resolution make, amend or repeal any by-law governing its proceedings and generally for the conduct and management of the Corporation’s activities and affairs that are consistent with this Act and the regulations.

Member approval

   (2)  The board of directors shall submit the by-law, amendment or repeal to the members at the next meeting of the members, and the members may confirm, reject or amend the by-law, amendment or repeal by at least a majority of the votes cast.

Effective date of by-laws

   (3)  Subject to subsection (5), the by-law, amendment or repeal is effective from the date of the resolution of the directors.  If the by-law, amendment or repeal is confirmed or confirmed as amended by the members, it remains effective in the form in which it was confirmed.

Ceasing to have effect

   (4)  A by-law, amendment or repeal ceases to have effect if it is not submitted by the directors to the members as required under subsection (2) or if it is rejected by the members.

Subsequent resolution

   (5)  If a by-law, amendment or repeal ceases to have effect, a subsequent by-law that has substantially the same purpose or effect is not effective until it is confirmed or confirmed as amended by the members.

Miscellaneous

Audit

   22.  (1)  The board of directors shall appoint one or more persons licensed under the Public Accounting Act, 2004 to audit the financial statements of the Corporation for the previous fiscal year.

Qualified privilege — defamation

   (2)  Any statement or report made under this Act orally, in writing or in another format by an auditor or a former auditor of the Corporation has qualified privilege.

Annual report

   23.  The board of directors shall submit an annual report on the Corporation’s activities and affairs to the Minister within 120 days after the end of each fiscal year and the report shall include the audited financial statements of the Corporation.

Inspection of records

   24.  Upon the Minister’s request, the Corporation shall promptly make its records available for inspection.

Regulations

Regulations, Lieutenant Governor in Council

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

  (a)  prescribing any matter that, under this Act, is permitted or required to be prescribed or to be otherwise done by regulation or in accordance with the regulations;

  (b)  changing the name of the Corporation;

   (c)  prescribing limits to the Corporation’s powers;

  (d)  prescribing provisions of the Corporations Act that apply and prescribing modifications to those provisions for the purpose.

Same

   (2)  If a regulation is made changing the name of the Corporation, a reference in this Act or any other Act or in the regulations made under this or any other Act to Investment Management Corporation of Ontario is deemed to be a reference to the new name, unless the context requires otherwise.

Regulations, Minister

   26.  The Minister may make regulations,

  (a)  prescribing another place in Ontario for the purpose of section 7;

  (b)  prescribing persons or entities who are members for the purposes of subsection 9 (3) and prescribing the period for which those persons or entities are members;

   (c)  prescribing persons or entities for the purpose of paragraph 1 of subsection 17 (2) and prescribing the number of directors that each person or entity is entitled to appoint under that paragraph;

  (d)  prescribing provisions of the Business Corporations Act that apply to the Corporation, and prescribing any modifications, if necessary.

Amendments to this Act

s. 6 (3) and (4), Corporations Act

   27.  Subsections 6 (3) and (4) of this Act are repealed.

s. 25 (1) (d), regulations

   28.  Clause 25 (1) (d) of this Act is repealed and the following substituted:

  (d)  prescribing provisions of the Not-for-Profit Corporations Act, 2010 that do not apply.

Commencement and Short Title

Commencement

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

Same

   (2)  Section 27 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 6 (3) of this Schedule comes into force.

Same

   (3)  Section 28 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 25 (1) of this Schedule comes into force.

Short title

   30.  The short title of the Act set out in this Schedule is the Investment Management Corporation of Ontario Act, 2015.

 

SCHEDULE 20
LIQUOR CONTROL ACT

   1.  The Liquor Control Act is amended by adding the following heading before section 1:

Part i
Definitions

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

Part Ii
liquor control board of ontario

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

(e.1) to authorize persons to operate government stores for the sale of liquor to the public;

   (2)  Clause 3 (1) (i) of the Act is repealed.

   (3)  Clause 3 (1) (m.1) of the Act is amended by striking out “this Act” and substituting “this Part”.

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

Same, prices

   (1.1)  The Board’s purposes and powers also include, and are deemed always to have included, the purpose and power to fix the prices at which the various classes, varieties and brands of liquor are to be sold, and such prices shall be the same at all government stores except,

  (a)  liquor sold through an outlet designated by the Minister of National Revenue under the Excise Act (Canada) as a duty free sales outlet; and

  (b)  liquor sold to holders of a licence under the Liquor Licence Act, which may be sold at a price that is different from the price at which it is sold to the general public.

   (5)  Clause 3 (2) (a) of the Act is amended by adding “or (e.1)” at the end.

   4.  The following provisions are amended by striking out “this Act” wherever it appears and substituting in each case “this Part”:

    1.  Paragraph 2 of subsection 3 (6).

    2.  Subsection 4.0.4 (1).

    3.  Subsections 4.1 (1) and (2).

    4.  Subsection 4.2 (1).

    5.  Subsection 4.3 (2) and clause 4.3 (3) (b).

    6.  Subsection 4.5 (1).

   5.  (1)  Clause 8 (1) (d) of the Act is repealed and the following substituted:

  (d)  governing the classes, varieties and brands of liquor to be kept for sale at government stores or classes of government stores;

(d.1) governing the prices at which the various classes, varieties and brands of liquor are to be sold at government stores or classes of government stores and may make regulations providing that liquor may be sold to holders of a licence under the Liquor Licence Act at a price that is different from the price sold to the general public;

(d.2) governing the prices at which the various classes, varieties and brands of liquor are to be sold by the Board to operators of government stores or classes of government stores;

   (2)  Clause 8 (1) (k) of the Act is amended by striking out “this Act” and substituting “this Part”.

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

Power to make regulations governing prices

   (2)  The authority to make regulations under clause 8 (1) (d) of the Act, as it read immediately before section 5 of Schedule 20 to the Building Ontario Up Act (Budget Measures), 2015 came into force, is deemed always to have included the authority to make regulations governing the prices at which liquor is sold to various classes of licence holders under the Liquor Licence Act, including regulations providing that liquor may be sold to holders of a licence under the Liquor Licence Act at a price that is different from the price sold to the general public.

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

Part IiI
Brewers retail inc.

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

Definitions

   9.  In this Part,

“compensation” includes compensatory, consequential, special, aggravated and punitive damages, contribution and indemnity and any other payment to limit, make good or atone for the physical, economic or emotional losses of any person, and any order to require or stop the taking of any action, and “compensate” has a corresponding meaning; (“dédommagement”, “dédommager)

“June 2000 framework” means the document entitled “Serving Ontario Beer Consumers: A Framework for Improved Co-operation and Planning Between the LCBO and BRI” and the document to which it is attached, dated June 1, 2000 signed by the Chairman of Brewers Retail Inc. and the Chair and Chief Executive Officer of the Board; (“accord-cadre de juin 2000”)

“September 2011 agreement” means the agreement dated September 1, 2011 between Brewers Retail Inc., the Board and Her Majesty the Queen in right of Ontario as represented by the Minister of Finance with respect to management of a province-wide deposit return program for certain beverage alcohol containers. (“accord de septembre 2011”)

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

Agreements with Crown re sale of beer

   10.  (1)  One or more of the following may enter into agreements with the Crown in relation to the Crown’s or a Crown agent’s regulation and control of the sale of beer in Ontario:

    1.  Brewers Retail Inc.

    2.  One or more shareholders of Brewers Retail Inc., individually or jointly.

Agreements with Crown agent re sale of beer

   (2)  One or more of the following may enter into agreements with a Crown agent in relation to the Crown’s or a Crown agent’s regulation and control of the sale of beer in Ontario, if the Lieutenant Governor in Council directs the Crown agent to enter into such an agreement:

    1.  Brewers Retail Inc.

    2.  One or more shareholders of Brewers Retail Inc., individually or jointly.

June 2000 framework

   (3)  The Board is deemed to have been directed, and Brewers Retail Inc. is deemed to have been authorized, to enter into the June 2000 framework in relation to the Crown’s or a Crown agent’s regulation and control of the sale of beer in Ontario.

Same, governance of Brewers Retail Inc.

   (4)  An agreement referred to in subsection (1) or (2) may provide for such matters relating to Brewers Retail Inc. as the Lieutenant Governor in Council considers advisable, including its governance, capital structure, share ownership, finances, operations and accountability and its marketing and retail practices.

Same, sale of beer

   (5)  An agreement may provide for the following matters relating to the sale of beer in Ontario:

    1.  A procedure for investigating and resolving complaints by beer manufacturers, consumers and others about their dealings with Brewers Retail Inc. about the sale of beer in stores operated by Brewers Retail Inc.

    2.  The size of packaging to be used for beer sold by Brewers Retail Inc. and by the Board.

    3.  Rules regarding the pricing of beer sold by Brewers Retail Inc., or by one or more of its shareholders, including beer sold to a holder of a licence issued under the Liquor Licence Act to sell liquor.

    4.  Any matter addressed in the June 2000 framework.

    5.  Such other matters as the Lieutenant Governor in Council considers advisable.

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

Termination of June 2000 framework

   11.  If the June 2000 framework is in effect immediately before this section comes into force, it is terminated on the day this section comes into force.

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

Consequences of termination

No cause of action

   12.  (1)  No cause of action arises as a direct or indirect result of the termination of the June 2000 framework by section 11 or the termination of the framework in accordance with its terms.

Not expropriation

   (2)  The termination of the framework does not constitute expropriation.

No remedy

   (3)  No costs, compensation or damages are owing or payable to any person and no remedy, including a remedy in contract, restitution, tort or trust, is available to any person in connection with the termination of the framework.

Same

   (4)  Without limiting the generality of subsection (3), no costs, compensation or damages are owing or payable for any past, present or future losses or expenses relating to or resulting from the termination of the framework.

No proceeding

   (5)  No proceeding, including a proceeding in contract, restitution, tort or trust, may be brought or maintained for compensation for any past, present or future losses or expenses relating to or resulting from the termination of the framework or for an equitable remedy relating to or resulting from the termination.

Same

   (6)  Subsection (5) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this section.

Proceedings set aside

   (7)  Any proceeding referred to in subsection (6) commenced before the day this section comes into force is deemed to have been dismissed, without costs, on the day this section comes into force and any decision in a proceeding referred to in subsection (6) is of no effect.

Exception

   (8)  This section does not apply to a proceeding commenced by the Crown or its agents and nothing in this section precludes a proceeding commenced by the Crown or its agents.

Same

   (9)  Without limiting the generality of subsections (4) and (5), the losses and expenses referred to in those subsections include the following:

    1.  A loss of profit or other benefit under the framework.

    2.  A loss of business opportunity.

    3.  A loss of business or costs consequential on a loss of business.

    4.  A loss of interest or of the use of capital or a reduction of capital.

    5.  A loss arising from the failure of any person to achieve a desired or anticipated rate of return on the person’s business activities.

    6.  A loss arising from the reduction or cessation of business activity due to lost profits or benefits, real or anticipated, or the actions of creditors, suppliers or customers.

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

Restriction on termination of September 2011 agreement

   13.  (1)  If, before February 5, 2017, Brewers Retail Inc. gives notice under section 6.5 of the September 2011 agreement that the agreement is being terminated immediately by virtue of a circumstance described in paragraph 6.5 (e) of the agreement, the termination takes effect on February 5, 2017 or on the day that is 90 days after the notice is given, whichever is later.

Same

   (2)  The restriction imposed by subsection (1) on the termination date prevails over the terms of the agreement itself.

Consequences of restriction on termination

   14.  Section 12 applies, with necessary modifications, with respect to any delay in the termination of the September 2011 agreement that is caused by the operation of section 13.

Commencement

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

 

Schedule 21
loan and trust corporations act

   1.  Subsection 223.1 (2) of the Loan and Trust Corporations Actis repealed.

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

Fees

   224.  The Minister of Finance may make regulations governing fees under this Act, including,

  (a)  requiring the payment of fees in relation to any matter under this Act, including any services provided by or through the Ministry of Finance or the Financial Services Commission of Ontario;

  (b)  prescribing the amount of fees or the manner of determining fees;

   (c)  prescribing the manner in which and the period within which fees must be paid.

Commencement

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

 

schedule 22
lobbyists registration act, 1998

   1.  Subclause (f) (i) of the definition of “public office holder” in subsection 1 (1) of the Lobbyists Registration Act, 1998 is repealed.

   2.  Sub-subparagraph 1.1 vi A of subsection 4 (4) of the Act, as enacted by the Statutes of Ontario, 2014, chapter 13, Schedule 8, subsection 6 (3), is repealed.

   3.  Sub-subparagraph 10 vi A of subsection 5 (3) of the Act, as enacted by the Statutes of Ontario, 2014, chapter 13, Schedule 8, subsection 8 (1), is repealed.

   4.  Sub-subparagraph 8.1 vi A of subsection 6 (3) of the Act, as enacted by the Statutes of Ontario, 2014, chapter 13, Schedule 8, subsection 9 (8), is repealed.

Commencement

   5.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 23
management board of cabinet act

   1.  Section 1 of the Management Board of Cabinet Act is amended by adding the following subsection:

Exclusion re: Hydro One Inc.

   (2)  Hydro One Inc. and its subsidiaries are deemed not to be included in the public service for the purposes of this Act on and after the date the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 24
marine insurance act

Repeal

   1.  The Marine Insurance Act is repealed.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 25
ministry of revenue act

   1.  The Ministry of Revenue Act is amended by adding the following section:

Grants

   11.4  The Minister may make a grant to an entity that assists with the administration of Ontario tax statutes.

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

Powers of provincial offences officers

   12.1  A provincial offences officer designated by the Minister of Finance under the Provincial Offences Act is a peace officer for the purposes of enforcing any Act that imposes a tax payable to the Crown or to the Minister of Finance.

Commencement

   3.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 26
ministry of training, colleges and universities act

   1.  The Ministry of Training, Colleges and Universities Act is amended by adding the following section:

Dissolution of Ontario Student Loan Trust

   8.0.2  (1)  The Deputy Minister of Training, Colleges and Universities may make a transfer order that provides that, on the day specified in the order,

  (a)  the trust created under section 8.0.1 known as the Ontario Student Loan Trust is dissolved;

  (b)  the designation of the Ontario Financing Authority as the trustee of the Ontario Student Loan Trust is terminated; and

   (c)  all rights, property, assets, debts, liabilities and obligations of the Ontario Student Loan Trust and of the Ontario Financing Authority in relation to the Trust are transferred to the Minister.

Notice of date

   (2)  The Minister shall, within 90 days after the date that a transfer order is made under subsection (1), publish notice of the date in The Ontario Gazette.

Non-compliance

   (3)  Non-compliance with subsection (2) does not affect the validity of the transfer order.

Release of Ontario Financing Authority

   (4)  The transfer order releases, on the day specified in the transfer order, the Ontario Financing Authority from any debts, liabilities or obligations relating to the Ontario Student Loan Trust.

Actions and other proceedings

   (5)  Any action or other proceeding that was commenced by or against the Ontario Student Loan Trust or the Ontario Financing Authority before the day specified in the transfer order and that relates to a right, property, asset, debt, liability or obligation transferred by the transfer order, may be continued by or against the Province of Ontario as represented by the Minister.

Limitation periods

   (6)  An action or other proceeding shall not be commenced against the Minister in respect of any right, property, asset, debt, liability or obligation transferred under the transfer order, if, had there been no transfer, the time for commencing the action or other proceeding would have expired.

Loans deemed to have been made by Minister

   (7)  On and after the day specified in the transfer order,

  (a)  any student loan or medical resident loan made by the Ontario Student Loan Trust is deemed to have been made by the Minister; and

  (b)  a reference to the Ontario Student Loan Trust in any document of legal effect relating to a student loan or medical resident loan made before that day shall be read as a reference to the Minister.

Same

   (8)  For the purposes of clause (7) (b), a document includes, but is not limited to, a regulation, directive, order or agreement.

Notice

   (9)  A borrower to whom a student loan or medical resident loan has been made by the Ontario Student Loan Trust is deemed to receive notice, on the day specified in the transfer order, that the debt has been transferred to the Minister and that the Minister is deemed to have made the loan.

   2.  (1)  Subsection 13 (1) of the Act is amended by adding the following clause:

(h.1) providing for transitional matters relating to a transfer order made under subsection 8.0.2 (1);

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

Transitional regulations, conflict

   (4)  In the event of a conflict, a regulation made under clause (1) (h.1) prevails over this Act, except subsection 8.0.2 (4).

Transitional regulations, retroactive

   (5)  A regulation made under clause (1) (h.1) is, if it so provides, effective with respect to a period before it is filed.

Commencement

   3.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

Schedule 27
mortgage brokerages, lenders and administrators act, 2006

   1.  Section 53 of the Mortgage Brokerages, Lenders and Administrators Act, 2006 is repealed and the following substituted:

Fees

   53.  The Minister of Finance may make regulations governing fees under this Act, including,

  (a)  requiring the payment of fees in relation to any matter under this Act, including any services provided by or through the Ministry of Finance or the Financial Services Commission of Ontario;

  (b)  prescribing the amount of fees or the manner of determining fees;

   (c)  prescribing the manner in which and the period within which fees must be paid.

Commencement

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

 

schedule 28
municipal freedom of information and protection of privacy act

   1.  The Municipal Freedom of Information and Protection of Privacy Act is amended by adding the following section:

Non-application re: Hydro One Inc.

   52.1  (1)  This Act does not apply to Hydro One Inc. and its subsidiaries on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Transition, Minister’s report

   (2)  The publication of information required by section 24 on or after the date described in subsection (1) must not include information about Hydro One Inc. and its subsidiaries.

Transition, request for continuing access

   (3)  If a person had made a request under subsection 17 (3) for continuing access to a record of Hydro One Inc. or a subsidiary before the date described in subsection (1), and if the specified period for which access is requested expires after April 23, 2015, the specified period is deemed to have expired on April 23, 2015.

Repeal

   (4)  Subsection (3) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor.

Transition

   (5)  Despite subsection (1), for a period of six months after the date described in that subsection,

  (a)  the Commissioner may continue to exercise all of his or her powers under section 41 (inquiry) and clause 46 (b) (certain orders) in relation to Hydro One Inc. and its subsidiaries with respect to matters that occurred and records that were created before that date; and

  (b)  Hydro One Inc. and its subsidiaries continue to have the duties of an institution under this Act in relation to the exercise of the Commissioner’s powers mentioned in clause (a).

Continuing authority to issue orders, etc.

   (6)  The powers and duties of the Commissioner to issue orders under section 41 and clause 46 (b) with respect to matters mentioned in subsection (5) continue for an additional six months after the expiry of the six-month period described in that subsection.

Orders binding

   (7)  An order issued within the time described in subsection (6) is binding on Hydro One Inc. or its subsidiaries, as the case may be.

Repeal

   (8)  Subsections (5), (6) and (7) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 29
municipal property assessment Corporation act, 1997

   1.  Subsections 3 (4) and (5) of the Municipal Property Assessment Corporation Act, 1997 are repealed and the following substituted:

Term of office

   (4)  A director shall hold office at pleasure for a term not exceeding three years and may be reappointed for a second term not exceeding three years.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 30
ombudsman act

   1.  Section 13 of the Ombudsman Act is amended by adding the following subsections:

Exclusion re: Hydro One Inc.

   (5)  Hydro One Inc. and its subsidiaries are deemed not to be governmental organizations for the purposes of this Act on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Transition

   (6)  Despite subsection (5), for a period of six months after the date described in that subsection,

  (a)  the Ombudsman may continue to exercise all of his or her powers under this Act in relation to Hydro One Inc. and its subsidiaries in relation to any matter occurring before the date described in subsection (5), except that the Ombudsman shall not commence any new investigation of Hydro One Inc. and its subsidiaries with respect to any matter, regardless of whether the matter occurred before, on or after the date described in subsection (5); and

  (b)  Hydro One Inc. and its subsidiaries continue to be governmental organizations in relation to matters occurring before the date described in subsection (5).

Continuing authority to report, etc.

   (7)  For greater certainty, the powers and duties of the Ombudsman under section 21 with respect to an investigation permitted under subsection (6) continue after the expiry of the six-month period described in that subsection.

Repeal

   (8)  Subsections (6) and (7) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 31
ontario energy board act, 1998

   1.  The Ontario Energy Board Act, 1998 is amended by adding the following section:

Rate assistance

   79.2  (1)  The Board may, in approving just and reasonable rates for a distributor, make provision for rate assistance to rate-assisted consumers having regard to their economic circumstances.

Ontario Electricity Support Program

   (2)  Where the Board makes provision for rate assistance in accordance with subsection (1), the rates set and the related activities undertaken by the Board may be referred to as the “Ontario Electricity Support Program” in English and “Programme ontarien d’aide relative aux frais d’électricité” in French.

Application

   (3)  Subsections (4) to (18) apply where the Board, in approving just and reasonable rates that are effective on or after January 1, 2016 for a distributor, makes provision for the rate assistance referred to in subsection (1) for rate-assisted consumers in the distributor’s service area.

Rate-assisted consumers, Board

   (4)  The Board may, by order or by establishing or amending a code, identify one or more classes of consumers as rate-assisted consumers.

Rate-assisted consumers, regulations

   (5)  The regulations may provide for other consumers who are rate-assisted consumers.

Rates, regulations

   (6)  If the regulations so provide, the Board shall, in making provision for rate assistance under subsection (1), do so in accordance with any methods or directions provided for in the regulations.

Payments with respect to prior use

   (7)  The regulations may require the IESO, distributors, unit sub-meter providers and any other persons or entities to provide payments for rate assistance to prescribed classes of rate-assisted consumers with respect to electricity consumed during a period prior to the date of the making of the regulation, but no such payment shall be required under the regulations with respect to electricity consumed before January 1, 2016.

Transitional

   (8)  The Board may require a distributor to provide rate assistance for a rate-assisted consumer with respect to a period prior to the date on which the consumer became a rate-assisted consumer if,

  (a)  the consumer becomes a rate-assisted consumer within 12 months of the date on which the rates referred to in subsection (1) become applicable to the distributor for the first time; and

  (b)  the consumer meets all of the criteria approved by the Board.

Compensation

   (9)  A distributor, a unit sub-meter provider and any other person or entity that is provided for in an order of the Board or that may be prescribed is entitled to be compensated for any lost revenue resulting from rate assistance under this section.

Liability for compensation

   (10)  Consumers are required to contribute towards the amount of any compensation required under subsection (9) in accordance with any order of the Board or as may be provided for in the regulations.

Deemed licence conditions, IESO, settlements, payments, etc.

   (11)  Every licence issued to the IESO, a distributor or unit sub-meter provider or a retailer of electricity shall be deemed to contain conditions requiring the licensee to do anything necessary to implement and administer the provision of rate assistance under this section as may be required by the Board, including requirements with respect to,

  (a)  making payments to the IESO, distributors, unit sub-meter providers and other persons and entities identified by the Board;

  (b)  receiving payments or other amounts from the IESO, distributors, unit sub-meter providers and other persons and entities identified by the Board;

   (c)  requiring licensees to pass any rate assistance provided for under this section through to rate-assisted consumers;

  (d)  engaging in settlement activities;

  (e)  providing information to and receiving information from the Ministry of Energy, the Board, the IESO, distributors, unit sub-meter providers, retailers of electricity and any other prescribed persons and entities in the time and in the manner provided for by the Board or as may be prescribed; and

   (f)  entering into agreements or arrangements with licensees and other persons that may be approved by the Board, and on terms as are approved by the Board.

Information, etc.

   (12)  If provided for in the regulations, the Board, the IESO, distributors, retailers of electricity and unit sub-meter providers, or any of them shall provide such information and reports to the Ministry of Energy and to one another as are necessary to facilitate the implementation, administration, funding and delivery of rate-assistance or of anything else required under this section.

Conflicts, etc.

   (13)  Where any conflict exists between an order of the Board, a code issued by the Board or a licence condition and a regulation made under this section, the regulation shall prevail to the extent of the conflict.

Regulations

   (14)  The Lieutenant Governor in Council may make regulations governing anything dealt with in this section and without limiting the generality of the foregoing, may make regulations,

  (a)  governing anything that is described in this section as being prescribed or as being provided for in the regulations or that is required to be done in accordance with the regulations;

  (b)  governing the determination of classes of consumers who are rate-assisted consumers, including providing for different classes of rate-assisted consumers;

   (c)  establishing rules for the calculation of the amount of the rate assistance to be provided, but no rule shall be based on electricity consumed before January 1, 2016;

  (d)  governing payments under this section;

  (e)  setting maximum amounts of the total annual value of rate assistance that may be provided;

   (f)  respecting the contributions for compensation required under subsection (10), including making rules respecting the calculation of the contribution of amounts and specifying the method and timing for the calculation of the amounts;

  (g)  requiring a unit sub-meter provider or other prescribed person or entity to make or receive payments in respect of rate assistance, including requiring them to make or receive payments directly to and from consumers or other persons entitled to receive, or make payments toward, the rate assistance and prescribing the circumstances in which such payments are to be made and received as well as methods for determining the amounts payable or to be received.

General or particular

   (15)  A regulation under this section may be general or particular in application, may provide for different classes of persons and entities and may prescribe different rules for different persons or entities or different classes of persons or entities.

Retroactivity

   (16)  A regulation made under this section is, if it so provides, effective with reference to a period before it is filed.

Verification of eligibility

   (17)  Section 11 of the Ministry of Revenue Act applies with respect to the Ontario Electricity Support Program as a government assistance program administered by the Board.

Definition

   (18)  In this section,

“rate-assisted consumer” means a consumer referred to in subsection (4) or (5).

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 32
ontario loan act, 2015

Borrowing authorized

   1.  (1)  The Lieutenant Governor in Council may borrow in any manner provided by the Financial Administration Act such sums, not exceeding a total aggregate amount of $14.7 billion as are considered necessary to discharge any indebtedness or obligation of Ontario or to make any payment authorized or required by any Act to be made out of the Consolidated Revenue Fund.

Other Acts

   (2)  The authority to borrow conferred by this Act is in addition to that conferred by any other Act.

Expiry

   2.  (1)  No order in council authorizing borrowing authorized under this Act shall be made after December 31, 2017.

Same

   (2)  The Crown shall not borrow money after December 31, 2018 under the authority of an order in council that authorizes borrowing under this Act unless, on or before December 31, 2018,

  (a)  the Crown has entered into an agreement to borrow the money under the order in council; or

  (b)  the Crown has entered into an agreement respecting a borrowing program and the agreement enables the Crown to borrow up to a specified limit under the order in council.

Commencement

   3.  The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   4.  The short title of the Act set out in this Schedule is the Ontario Loan Act, 2015.

 

schedule 33
ontario retirement pension plan administration corporation act, 2015

CONTENTS

 

 

Preamble

PART I
INTERPRETATION

 

  1.

Definitions

 

PART II
CORPORATE MATTERS

 

Establishment, Objects, Powers, etc.

 

  2.

  3.

  4.

  5.

Corporation established

Objects

Powers of the Corporation

Application of certain Acts

 

Directors and Officers

 

  6.

  7.

  8.

  9.

10.

11.

12.

Board of directors

Nominating committee

Delegation

Ceasing to hold office

Validity of acts of directors

Committees

Initial board

 

Standard of Care, etc.

 

13.

Care, diligence and skill

 

Financial Provisions

 

14.

15.

Financial records

Audit

 

Annual Report and Annual Meeting

 

16.

17.

Annual report

Annual meeting

 

Miscellaneous

 

18.

19.

20.

21.

By-laws

Employees

Memorandum of understanding

Agreements with other governments

 

PART III
RULES RESPECTING INFORMATION

 

Definitions

 

22.

Definitions

 

Collection of Information

 

23.

24.

Collection of information

Offence

 

Personal Information

 

25.

26.

27.

28.

29.

30.

31.

32.

Notice of collection

Use of personal information

Where disclosure permitted

Consistent purpose

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

 

Delegation

 

33.

Delegation

 

PART IV
OTHER MATTERS

 

34.

35.

36.

37.

38.

39.

40.

Not public money

Cost recovery by the Corporation

Loans, etc., to the Corporation

Crown immunity

Format, etc., of information

Regulations

Review of Act

 

PART V
AMENDMENT TO THIS ACT

 

41.

Amendment to s. 5 (3)

 

PART VI
COMMENCEMENT AND SHORT TITLE

 

42.

43.

Commencement

Short title

 

______________

Preamble

The Government of Ontario has committed to establishing an Ontario Retirement Pension Plan to strengthen the retirement security of Ontarians and help address the inadequacy of retirement savings among many of today’s workers.

The Government of Ontario is committed to establishing an administrative entity that,

  (a)  has a strong governance framework and a nominating process that aims to secure highly qualified, professional and independent board members to oversee the entity;

  (b)  is subject to appropriate measures to ensure transparency, accountability and cost-effectiveness, including annual reporting, annual meetings and appropriate financial controls;

   (c)  achieves, under the prudent and responsible oversight of its directors and officers, the highest possible level of performance in pension management and will serve the future needs of Ontarians; and

  (d)  holds contributions to the proposed Ontario Retirement Pension Plan in trust for its members.

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

Part I
Interpretation

Definitions

   1.  In this Act,

“federal government” means the Government of Canada and any department, agency, board, commission, official or other body of the Government of Canada; (“gouvernement fédéral”)

“pension fund” means the fund maintained to provide benefits under or related to the Ontario Retirement Pension Plan; (“caisse de retraite”)

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

“Ontario Retirement Pension Plan” means the Ontario Retirement Pension Plan that is required to be established under section 1 of the Ontario Retirement Pension Plan Act, 2015; (“Régime de retraite de la province de l’Ontario”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

Part II
Corporate Matters

Establishment, Objects, Powers, etc.

Corporation established

   2.  (1)  A corporation without share capital is hereby established under the name Ontario Retirement Pension Plan Administration Corporation in English and Société d’administration du Régime de retraite de la province de l’Ontario in French.

Membership

   (2)  The Corporation is composed of the members of its board of directors.

Not for profit

   (3)  The affairs of the Corporation shall be carried on without the purpose of profit and any money that the Corporation collects or receives shall be used for the purpose of carrying out its objects.

Crown agency

   (4)  The Corporation is an agent of the Crown in right of Ontario.

Subsidiaries not Crown agents

   (5)  Any subsidiary of the Corporation is not an agent of the Crown in right of Ontario.

Objects

   3.  The objects of the Corporation are as follows:

    1.  To administer the Ontario Retirement Pension Plan, including making the pension plan operational.

    2.  To administer and invest the pension fund as trustee.

    3.  To exercise such other powers and perform such other duties as may be provided under this Act or any other Act.

Powers of the Corporation

   4.  (1)  Except as limited by this Act and the regulations, the Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects.

Capacity to act outside Ontario

   (2)  The Corporation has the capacity to conduct its affairs and exercise its powers in a jurisdiction outside Ontario to the extent that the laws of that jurisdiction permit.

Application of certain Acts

   5.  (1)  The Corporations Information Act does not apply to the Corporation.

Business Corporations Act

   (2)  Sections 132, 134, 135 and 136 of the Business Corporations Act apply, with necessary modifications, to the Corporation and its directors and officers.

Corporations Act

   (3)  The Corporations Act does not apply to the Corporation except as provided for in the regulations.

Directors and Officers

Board of directors

   6.  (1)  The board of directors shall manage or supervise the management of the Corporation’s affairs.

Composition

   (2)  The board of directors shall consist of at least 9 and not more than 15 directors.

Appointment

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

Same, eligibility

   (4)  Only candidates who have been recommended by the nominating committee under section 7 are eligible to be appointed to the board of directors.

Remuneration

   (5)  The Lieutenant Governor in Council in determining the remuneration of a director shall consider the recommendations of the board of directors, if any.

Disqualification

   (6)  The following persons are disqualified from being a director of the Corporation:

    1.  A person who is not an individual.

    2.  A person who is less than 18 years of age.

    3.  A person who has been found under the Substitute Decisions Act, 1992 or under the Mental Health Act to be incapable of managing property or who has been found to be incapable by a court in Canada or elsewhere.

    4.  A person who is an undischarged bankrupt or has been discharged from bankruptcywithin the previous 10 years.

    5.  A person who has been convicted of fraud or a similar offence by any court in Canada or elsewhere.

Ineligibility

   (7)  A person who is an officer or employee of the Corporation is ineligible to be a director of the Corporation.

Term

   (8)  A director appointed to the board of directors shall be appointed for up to three years and, subject to subsection (9), is eligible for re-appointment.

Maximum term

   (9)  A director may serve no more than three terms.

Exception, four terms

   (10)  Despite subsection (9), a director may serve four terms if he or she will serve as chair when his or her fourth term commences.

Quorum

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

Chair

   (12)  The Lieutenant Governor in Council shall, on the recommendation of the Minister made after the Minister has consulted with the board of directors, designate a member of the board of directors to be its chair.

Acting chair

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

Nominating committee

   7.  (1)  The Lieutenant Governor in Council shall establish a nominating committee to advise the Minister regarding the appointment or reappointment of any individual to the board of directors.

Composition

   (2)  The nominating committee shall consist of the following:

    1.  Two individuals appointed by the Lieutenant Governor in Council.

    2.  The chair of the governance committee of the board of directors.

Rules re appointed members

   (3)  The following rules apply to an individual appointed as a member of the nominating committee under paragraph 1 of subsection (2):

    1.  The individual shall be appointed for up to three years and, subject to paragraph 2, is eligible for re-appointment.

    2.  The individual may serve no more than two consecutiveterms.

Establishment of nomination criteria

   (4)  The nominating committee shall establish criteria for the nomination of directors, taking into account,

  (a)  the importance of reflecting the diversity of Canada’s population in the composition of the board of directors; and

  (b)  the need to ensure that the members of the board of directors possess a diverse range of expertise and skills, including expertise and skill in corporate governance, public administration, pension administration, financial management, investment management, customer service and large-scale operations management.

Consideration of non-residents

   (5)  The nominating committee may consider candidates who are not resident in Ontario or elsewhere in Canada.

Short list of candidates

   (6)  The nominating committee shall provide the Minister with a short list of the committee’s recommended candidates comprised of,

  (a)  candidates for at least the number of positions to be filled, plus one additional candidate; and

  (b)  a proposed term for each candidate.

Must take into account criteria, residency

   (7)  In determining the short list referred to in subsection (6), the nominating committee shall,

  (a)  take into account the criteria established under subsection (4); and

  (b)  endeavour to ensure that at least 75 per cent of the directors on the board will be resident Canadians as defined in subsection 1 (1) of the Business Corporations Act.

Delegation

   8.  The board of directors may delegate any power or duty to any committee, to any member of the board or to any officer of the Corporation except the power to,

  (a)  approve the Corporation’s budget, including the budget for capital expenditures and staffing;

  (b)  approve the Corporation’s business plan, annual report and financial statements;

   (c)  establish a conflict of interest policy and procedures for monitoring and managing any conflicts of interest that arise;

  (d)  establish a code of conduct applicable to the Corporation’s directors, officers, employees, agents and other persons;

  (e)  approve recommendations regarding the remuneration of directors;

   (f)  appoint a chief executive officer;

  (g)  set the compensation for officers;

  (h)  appoint an auditor;

    (i)  establish committees of the board of directors;

    (j)  fill a vacancy in a committee of the board of directors;

   (k)  make, amend or repeal by-laws;

    (l)  establish a statement of investment policies and procedures and approve other investment policies, standards and procedures; and

(m)  do any other thing as may be prescribed.

Ceasing to hold office

   9.  (1)  A director ceases to hold office on the earliest of the following:

    1.  The date on which his or her term of office expires.

    2.  The date on which he or she dies.

    3.  The date on which he or she resigns.

    4.  The date on which he or she is removed by the Lieutenant Governor in Council.

    5.  The date on which he or she becomes disqualified from being a director under subsection 6 (6).

    6.  The date on which he or she becomes ineligible to be a director under subsection 6 (7).

Effective date of resignation

   (2)  A resignation of a director becomes effective at the time the resignation is received by the Corporation or at the time specified in the resignation, whichever is later.

Validity of acts of directors

   10.  (1)  An act of a director is valid despite any irregularity in his or her appointment or a defect in his or her qualifications or eligibility to be a director.

Same, officers

   (2)  An act of an officer is valid despite any irregularity in his or her appointment or a defect in his or her qualifications.

Committees

   11.  (1)  The board of directors shall establish an audit committee, a human resources committee, a governance committee and an investment committee and may establish additional committees as it considers appropriate.

Composition

   (2)  The committees shall be composed of that number of directors as determined by the board of directors.

Initial board

   12.  (1)  An initial board of directors shall be established on the day subsection 2 (1) comes into force.

Composition

   (2)  Despite subsections 6 (2) and (4), the initial board shall be composed of three directors appointed by the Lieutenant Governor in Council, on the recommendation of the Minister.

Chair

   (3)  The Lieutenant Governor in Council shall designate one of the members of the initial board to be its chair and subsection 6 (12) does not apply with respect to the designation.

Dissolution

   (4)  The initial board is dissolved on the earlier of 18 months after the day the initial board was appointed and the day that the first board is appointed under section 6.

Powers of the initial board

   (5)  The initial board shall have all the rights, powers and duties of the board of directors under this Act.

Standard of Care, etc.

Care, diligence and skill

   13.  (1)  The Corporation shall exercise the care, diligence and skill in the administration of the Ontario Retirement Pension Plan and in the administration and investment of the pension fund that a person of ordinary prudence would exercise in dealing with the property of another person.

Special knowledge and skill

   (2)  The Corporation shall use in the administration of the pension plan and in the administration and investment of the pension fund all relevant knowledge and skill that the Corporation possesses or by reason of its profession, business or calling, ought to possess.

Conflict of interest

   (3)  The Corporation shall not knowingly permit the Corporation’s interest to conflict with the Corporation’s duties and powers in respect of the pension fund.

Employment of agent

   (4)  Where it is reasonable and prudent in the circumstances to do so, the Corporation, as administrator of the pension plan, may employ one or more agents or other persons to carry out any act required to be done in the administration of the pension plan and in the administration and investment of the pension fund.

Responsibility for agent

   (5)  If the Corporation decides to employ an agent or any other person, the Corporation shall personally select the agent or other person and be satisfied of the agent or other person’s suitability to perform the act for which the agent or other person is employed, and the Corporation shall carry out such supervision of the agent or other person as is prudent and reasonable.

Application to employee, etc.

   (6)  An employee, agent or other person referred to in subsection (4) is also subject to the standards that apply to the Corporation under subsections (1), (2) and (3).

Financial Provisions

Financial records

   14.  The Corporation shall maintain financial records for the Corporation and its subsidiaries, if any, and the pension fund and shall establish financial, management and information systems that will enable the Corporation to prepare financial statements in accordance with generally accepted accounting principles.

Audit

   15.  (1)  The board shall appoint one or more licensed public accountants to audit the accounts and financial transactions of the Corporation and its subsidiaries, if any, and the pension fund for the previous fiscal year.

Qualified privilege — defamation

   (2)  Any statement or report made under this Act orally, in writing or in another format by the auditor or former auditor of the Corporation has qualified privilege.

Annual Report and Annual Meeting

Annual report

   16.  (1)  The board of directors shall submit to the Minister an annual report on the affairs of the Corporation and its subsidiaries, if any, and the pension fund within 120 days after the end of the Corporation’s fiscal year.

Contents of report

   (2)  The annual report shall include the audited financial statements of the Corporation and its subsidiaries, if any, and of the pension fund and any other information as may be prescribed.

Tabling of report

   (3)  The Minister shall submit the annual report to the Lieutenant Governor in Council and shall lay it before the Assembly within 45 days after the report is submitted to the Minister.

Report to be publicly accessible

   (4)  The Corporation shall ensure that the annual report is available to the public as soon as possible after it is laid before the Assembly by posting the report on a website and in such other manner as the Corporation considers appropriate.

Other reports

   (5)  The Corporation shall submit to the Minister all reports, other than the annual report, and all information that the Minister requires.

Annual meeting

   17.  (1)  The Corporation shall hold an annual meeting to discuss the Corporation’s most recent annual report and to give beneficiaries of the Ontario Retirement Pension Plan and other prescribed persons an opportunity to comment on it.

Notice of meeting

   (2)  The Corporation shall give notice of the annual meeting in accordance with the regulations and at least 30 days before the date of the meeting and in accordance with any other rules as may be prescribed.

Directors and officers to attend

   (3)  The Corporation shall require one or more directors or officers of the Corporation, and any other persons as may be prescribed, to be at the meeting in person to answer questions and shall have copies of the Corporation’s most recent annual report available for distribution at the meeting.

First meeting

   (4)  The first meeting shall take place in the prescribed year.

Miscellaneous

By-laws

   18.  (1)  The board of directors may by resolution make by-laws governing its proceedings and generally for the conduct and management of the Corporation’s affairs that are consistent with this Act and regulations.

Required by-laws

   (2)  The board of directors shall pass by-laws in respect of the following:

    1.  Governing the functioning of the board of directors, including the calling of meetings.

    2.  Respecting the functions, duties and remuneration of the Corporation’s officers.

    3.  Respecting the establishment of committees of the board of directors and the process for appointing members to those committees.

    4.  Setting the recommended remuneration framework for directors.

Effective date of by-laws

   (3)  A by-law, an amendment to a by-law or the repeal of a by-law is effective from the date of the resolution or from such later date as may be specified in the resolution.

By-laws to be publicly accessible

   (4)  The Corporation shall ensure that all by-laws are available to the public by posting them on a website and in such other manner as the Corporation considers appropriate.

Employees

   19.  (1)  The Corporation may employ or otherwise engage persons as it considers necessary for the proper conduct of the affairs of the Corporation.

Status of employees

   (2)  Employees of the Corporation shall not be appointed under Part III of the Public Service of Ontario Act, 2006 and are not employees of the Crown for any purpose.

Agreements to provide services

   (3)  The Corporation may enter into agreements with any minister of the Crown or a Crown agency for the provision of services to the Corporation by employees of the Crown or employees of the Crown agency, as the case may be.

Memorandum of understanding

   20.  (1)  The Corporation and the Minister shall enter into a memorandum of understanding.

Corporation to comply with memorandum of understanding

   (2)  The Corporation shall comply with the memorandum of understanding, but the failure to do so does not affect the validity of any action taken by the Corporation or give rise in any person to any rights or remedies.

Memorandum of understanding to be publicly accessible

   (3)  The Corporation shall ensure that the memorandum of understanding is available to the public by posting it on a website and in such other manner as the Corporation considers appropriate.

Agreements with other governments

   21.  (1)  With the approval of the Minister, the Corporation may enter into agreements with the government of Canada or a government of a province or territory of Canada or with the appropriate authority of any such government to provide for co-operation in matters relating to carrying out its objects.

Same

   (2)  With the approval of the Minister, the Corporation may enter into agreements with the government of Canada or of a province or territory of Canada or with an agency, board or commission of such a government under which, for purposes related to carrying out its objects,

  (a)  the government, agency, board or commission may be allowed access to information obtained by the Corporation under this Act; and

  (b)  the government, agency, board or commission may allow the Corporation to have access to information obtained by the government, agency, board or commission under statutory authority.

Part III
rules respecting information

Definitions

Definitions

   22.  In this Part,

“head” means the chair of the Corporation’s board of directors; (“personne responsable”)

“personal information” has the same meaning as in section 2 of the Freedom of Information and Protection of Privacy Act, and includes information that is not recorded; (“renseignements personnels”)

“public body” means,

  (a)  any ministry, agency, board, commission, official or other body of the Government of Ontario,

  (b)  any municipality in Ontario, or

   (c)  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 a municipality in Ontario. (“organisme public”)

Collection of Information

Collection of information

   23.  (1)  The Corporation may request and collect from a public body, the federal government, an employer, an employee or any other person the information, including personal information, that is necessary for the purpose of carrying out its objects.

Direct or indirect collection

   (2)  Information may be collected directly or indirectly.

Response to request

   (3)  A person who receives a request for information from the Corporation under subsection (1) shall, within 30 days after the request, disclose to the Corporation the requested information from his, her or its records in the format or on the form required by the Corporation.

Exception

   (4)  Subsection (3) does not apply to the federal government.

Extension of time

   (5)  The Corporation may extend the time limit referred to in subsection (3), before or after it has expired, if the Corporation is satisfied that there are reasonable grounds for doing so.

Offence

   24.  (1)  A person who fails to comply with a requirement under section 23 is guilty of an offence.

Same, false information

   (2)  A person who knowingly gives false information to the Corporation is guilty of an offence.

Exceptions

   (3)  The federal government and public bodies are not liable to be charged with an offence under this section.

Personal Information

Notice of collection

Direct collection

   25.  (1)  If the Corporation collects personal information directly from the individual to whom the information relates, the Corporation shall inform that individual of,

  (a)  the legal authority for the collection;

  (b)  the principal purpose or purposes for which the personal information is intended to be used; and

   (c)  the title, business address and business telephone number of an employee of the Corporation who can answer the individual’s questions about the collection.

Indirect collection

   (2)  If the Corporation collects personal information indirectly, it shall issue a general notice of collection and make the notice available on a website that is accessible to the public.

Same, content of notice

   (3)  A notice issued under subsection (2) shall contain,

  (a)  a description of the type of personal information being collected;

  (b)  the information described in clauses (1) (a) to (c).

Use of personal information

   26.  The Corporation shall not use personal information in its custody or under its control except,

  (a)  where the person to whom the information relates has identified that information in particular and consented to its use;

  (b)  for the purpose for which it was obtained or compiled or for a consistent purpose; or

   (c)  for a purpose for which the information may be disclosed to the Corporation under section 42 of the Freedom of Information and Protection of Privacy Act or under section 32 of the Municipal Freedom of Information and Protection of Privacy Act.

Where disclosure permitted

   27.  The Corporation shall not disclose personal information in its custody or under its control except,

  (a)  where the individual to whom the information relates has identified that information in particular and consented to its disclosure;

  (b)  for the purpose for which it was obtained or compiled or for a consistent purpose;

   (c)  where disclosure is made to an officer, employee, consultant or agent of the Corporation who needs the information in the performance of their duties and where disclosure is necessary and proper in the discharge of the Corporation’s functions;

  (d)  for the purpose of complying with an Act of the Legislature or an Act of Parliament or a treaty, agreement or arrangement thereunder;

  (e)  where disclosure is to a public body or a law enforcement agency in Canada to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;

   (f)  in compelling circumstances affecting the health or safety of an individual if upon disclosure notification thereof is mailed to the last known address of the individual to whom the information relates;

  (g)  in compassionate circumstances, to facilitate contact with the spouse, a close relative or a friend of an individual who is injured, ill or deceased;

  (h)  to a member of the Legislative Assembly who has been authorized by a constituent to whom the information relates to make an inquiry on the constituent’s behalf or, where the constituent is incapacitated, has been authorized by the spouse, a close relative or the legal representative of the constituent;

    (i)  to a member of the bargaining agent who has been authorized by an employee to whom the information relates to make an inquiry on the employee’s behalf or, where the employee is incapacitated, has been authorized by the spouse, a close relative or the legal representative of the employee;

    (j)  to the Minister;

   (k)  to the Information and Privacy Commissioner;

    (l)  to the federal government or to the government of a province or territory where the Corporation has entered into an agreement under section 21 with that jurisdiction;

(m)  pursuant to a warrant or order of a court or tribunal; or

  (n)  to a law enforcement agency if the Corporation reasonably believes the information relates to the commission of an offence.

Consistent purpose

   28.  Where personal information has been collected directly from the individual to whom the information relates, the purpose of a use or disclosure of that information is a consistent purpose under clause 26 (b) or 27 (b) only if the individual might reasonably have expected such a use or disclosure.

Individual’s access to personal information

   29.  (1)  An individual may, in writing, request access to his or her own personal information in the Corporation’s custody or control.

Disclosure by Corporation

   (2)  Within 30 days after receiving the request, the head 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 head 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;

  (b)  if the disclosure would reasonably be expected to interfere with the conduct of a law enforcement investigation; or

   (c)  if the head is of the opinion on reasonable grounds that the request for personal information is frivolous or vexatious.

Refusal

   (4)  If the head refuses to disclose the individual’s personal information, he or she shall notify the individual in writing within 30 days after receiving the request and shall give him or her information about the right to appeal the refusal.

Same, frivolous or vexatious request

   (5)  If the head refuses to disclose the individual’s personal information because he or she is of the opinion that the request is frivolous or vexatious, the notice given under subsection (4) shall also set out,

  (a)  a statement that the head is of the opinion that the request is frivolous or vexatious; and

  (b)  the reasons for which the head is of the opinion that the request is frivolous or vexatious.

Extension of time

   (6)  The head may extend the 30-day time limit described in subsection (2) or (4) for a period of time that is reasonable in the circumstances and shall give the individual who made the request written notice of the extension setting out,

  (a)  the length of the extension; and

  (b)  the reason for the extension.

Deemed refusal

   (7)  A head who fails to disclose information within the 30-day period described in subsection (2) or (4), or within the extended time period referred to in clause (6) (a) if the head has extended the time limit, is deemed to have given notice of refusal to disclose the information on the last day of the period during which notice should have been given.

Request for correction of personal information

   30.  (1)  An individual may, in writing, request a correction in the personal information requested under subsection 29 (1) or disclosed to him or her under subsection 29 (2) if the individual believes the personal information contains an error or omission.

Refusal

   (2)  If the head refuses the request for a correction, he or she 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

   31.  (1)  An individual may appeal to the Information and Privacy Commissioner,

  (a)  a refusal by the head to disclose the individual’s personal information under subsection 29 (3) or (7);

  (b)  the extension of time under subsection 29 (6);

   (c)  a refusal to correct the individual’s personal information under subsection 30 (2).

Same

   (2)  Part IV (Appeal) 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 a “head” shall be read as if it were a reference to the chair of the Corporation’s board of directors.

    2.  A reference in Part IV to an “institution” shall be read as if it were a reference to the Corporation.

    3.  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.

    4.  Subsections 52 (4) to (7) of 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 Corporation’s custody or control.

    5.  A reference in section 53 of Part IV to “specified exemptions” shall be read as if it were a reference to the exceptions listed in subsection 29 (3) of this Act.

    6.  Subsection 56 (2) of Part IV does not apply.

Compliance

   (3)  The Corporation shall comply with the Commissioner’s production requirements and with the Commissioner’s order disposing of the appeal.

Information and Privacy Commissioner’s review of practices

   32.  (1)  The Information and Privacy Commissioner may, from time to time, review the Corporation’s practices to check that there has been no unauthorized collection, use, disclosure, access to or modification of personal information in its custody.

Duty to assist

   (2)  The Corporation shall co-operate with and assist the Commissioner in the conduct of the review.

Orders

   (3)  If the Commissioner determines that a practice contravenes this Act, the Commissioner may order the Corporation to discontinue that practice and to destroy personal information collected or retained under that practice.

Delegation

Delegation

   33.  The head may, in writing, delegate his or her powers or duties under this Part to an officer of the Corporation subject to any limitations, restrictions, conditions and requirements set out in the delegation.

Part IV
Other Matters

Not public money

   34.  The money that the Corporation and its subsidiaries, if any, collect or receive in carrying out their objects is not public money within the meaning of the Financial Administration Act and if the money is invested, any accrual in the value of the investments is not public money.

Cost recovery by the Corporation

   35.  (1)  The Corporation is entitled to be paid from the pension fund of the Ontario Retirement Pension Plan the Corporation’s reasonable fees and expenses relating to the administration of the pension plan and the administration and investment of the pension fund, including reimbursement for fees and expenses incurred before the pension plan is established.

Same

   (2)  The Corporation may pay from the pension fund to an agent of the Corporation or to any other person who provides services relating to the administration of the pension plan and the administration and investment of the pension fund the reasonable fees and expenses of the agent or other person, including fees and expenses for services provided before the pension plan is established.

Loans, etc., to the Corporation

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

Same

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

Delegation of Minister’s authority

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

Crown immunity

   37.  (1)  Although the Corporation is a Crown agent, the Crown is not liable for any obligations or liabilities incurred by the Corporation or any subsidiary under an agreement, security or other instrument and no amount is payable out of the Consolidated Revenue Fund in respect of such an obligation or liability whether or not the Corporation or subsidiary has sufficient assets to satisfy it.

No cause of action

   (2)  No cause of action arises against the Crown, a minister of the Crown, a Crown employee, a Crown agent other than the Corporation or an employee of such a Crown agent as a result of an act or omission of any of the following persons that is related directly or indirectly to the affairs of the Corporation or a subsidiary, the administration of the Ontario Retirement Pension Plan or the administration and investment of the pension fund:

    1.  The Corporation or its subsidiaries, if any.

    2.  A director or officer of the Corporation or a subsidiary.

    3.  Any other person associated with the Corporation or a subsidiary, other than a Crown employee.

No proceeding

   (3)  No proceeding, including a proceeding in contract, tort, restitution, trust or breach of fiduciary obligation, shall be commenced against the Crown, a minister of the Crown, a Crown employee, a Crown agent other than the Corporation or an employee of such a Crown agent by a person who has suffered any damages, injury or other loss based on or related to anything referred to in subsection (1) or (2).

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.

Format, etc., of information

   38.  (1)  Despite subsection 3 (1) of the Electronic Commerce Act, 2000, the Corporation may require persons who use, provide or accept information, including documents, under this or any other Act to use, provide or accept the information or documents in an electronic form or in another format without the person’s consent.

Required format

   (2)  The Corporation may require information, including documents, to be provided to the Corporation in electronic format or another format specified by the Corporation.

Required form

   (3)  The Corporation may require information to be provided to the Corporation on a form specified or provided by the Corporation.

Other requirements

   (4)  The Corporation may specify the manner in which information to be provided to it must be certified and documents to be provided to it must be signed or certified.

Information provided by Corporation

   (5)  Despite any requirement under this or any other Act, the Corporation may provide information, including documents, to persons under this or any other Act in an electronic form or in another format as determined by the Corporation.

Regulations

   39.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing provisions of the Business Corporations Act that apply to the Corporation, and prescribing any modifications, if necessary;

  (b)  prescribing limits to the Corporation’s powers and conditions on the exercise of its powers;

   (c)  prescribing any matter that, under this Act, is permitted or required to be prescribed or to be otherwise done by regulation or in accordance with the regulations.

Review of Act

   40.  The Minister shall initiate a review of this Act and the regulations, or portions of this Act and the regulations, within 10 years after this section comes into force.

Part V
Amendment to this Act

Amendment to s. 5 (3)

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

Not-for-Profit Corporations Act, 2010

   (3)  The Not-for-Profit Corporations Act, 2010 does not apply to the Corporation except as provided in the regulations.

Part VI
Commencement and Short Title

Commencement

   42.  (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 41 comes into force on the later of the day subsection 5 (3) comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

   43.  The short title of the Act set out in this Schedule is the Ontario Retirement Pension Plan Administration Corporation Act, 2015.

 

schedule 34
pension benefits act

   1.  Subsection 1.1 (4) of the Pension Benefits Act is repealed and the following substituted:

Neither

   (4)  An individual who was a member of a pension plan is neither a former member nor a retired member of the pension plan if either of the following criteria are satisfied:

    1.  The individual has transferred an amount equal to the commuted value of the individual’s deferred pension under subsection 42 (1) in connection with the pension plan.

    2.  The individual is not receiving a pension payable from the pension fund and the individual has transferred the entire amount of the individual’s variable benefit account under subsection 39.1 (4) in connection with the pension plan.

Definition

   (5)  In this section,

“variable benefit account” has the same meaning as in subsection 39.1 (1).

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

Variable benefits

Definitions

   39.1  (1)  In this section,

“specified beneficiary” means a designated beneficiary of a retired member who is a specified beneficiary for the purposes of the Income Tax Act (Canada); (“bénéficiaire déterminé”)

“variable benefits” means variable benefits for the purposes of the Income Tax Act (Canada); (“prestations variables”)

“variable benefit account” means an account under the defined contribution provision of a pension plan that is used, or is to be used, for the payment of variable benefits to a retired member or a specified beneficiary of a retired member. (“compte de prestations variables”)

Payment of variable benefits authorized

   (2)  A pension plan that provides defined contribution benefits may authorize payment of pension benefits that are variable benefits in the manner authorized by the Income Tax Act (Canada) and in accordance with such requirements and subject to such restrictions as may be prescribed.

Transfers in

   (3)  A pension plan that provides for the payment of variable benefits may provide that a retired member receiving variable benefits is entitled to transfer, to the extent authorized by the Income Tax Act (Canada) and in accordance with such requirements and subject to such restrictions as may be prescribed, any amount to the retired member’s variable benefit account,

  (a)  from the pension fund related to another defined contribution pension plan; or

  (b)  from a prescribed retirement savings arrangement.

Transfers out

   (4)  A pension plan that provides for the payment of variable benefits shall provide that a retired member receiving variable benefits is entitled to require the administrator to pay, to the extent authorized by the Income Tax Act (Canada) and in accordance with such requirements and subject to such restrictions as may be prescribed, any amount remaining in the retired member’s variable benefit account,

  (a)  to the pension fund related to another defined contribution pension plan, if the administrator of the other pension plan agrees to accept payment;

  (b)  into a prescribed retirement savings arrangement; or

   (c)  for the purchase of a life annuity.

Limitation

   (5)  The entitlement under subsection (4) is subject to the prescribed limitations in respect of the transfer of funds from pension funds.

Cessation of variable benefit payments

   (6)  Before a pension plan ceases to provide for the payment of a variable benefit, the administrator shall offer a retired member or specified beneficiary who receives that variable benefit the options referred to in subsection (4).

Direction

   (7)  A retired member may exercise his or her entitlement under subsection (4) by delivering a direction to the administrator in accordance with the prescribed rules.

Compliance with direction

   (8)  Subject to compliance with the requirements of this section and the regulations, the administrator shall comply with the direction within the prescribed period of time after delivery of the direction.

Terms of arrangement or life annuity

   (9)  The administrator shall not make a payment,

  (a)  under clause (4) (b) unless the retirement savings arrangement meets the prescribed requirements; or

  (b)  under clause (4) (c) unless the life annuity meets the prescribed requirements.

Approval

   (10)  If a payment under subsection (4) does not meet the limitations prescribed in relation to transfers of funds from pension funds, the administrator shall not make the paymentwithout the approval of the Superintendent.

Terms and conditions

   (11)  The Superintendent may approve the payment subject to such terms and conditions as the Superintendent considers appropriate in the circumstances.

Order for repayment

   (12)  If a payment that does not meet the limitations prescribed in relation to transfers of funds from pension funds is made without the approval of the Superintendent or there is failure to comply with a term or condition attached to the approval, the Superintendent by order, subject to section 89, may require any person to whom payment under subsection (4) has been made to repay an amount not greater than the amount of the paymenttogether with interest thereon.

Enforcement

   (13)  Subject to section 89, an order for payment under subsection (12), exclusive of the reasons therefor, may be filed in the Superior Court of Justice and is thereupon enforceable as an order of that court.

Discharge of administrator

   (14)  The administrator is discharged in respect of the amount that is paid or transferred under subsection (4) on making the payment or transferin accordance with the direction of the retired member if the payment or transfer complies with this Act and the regulations.

Commutation or surrender

   (15)  Subsections 67 (1) and (2) do not apply to the commutation or surrender, in whole or in part, of the account balance in a variable benefit account in such circumstances or in such amounts as may be prescribed, subject to such restrictions as may be prescribed.

   3.  (1)  Subsection 65 (2) of the Act is amended by striking out “section 42 (transfer), 43 (purchase of pension), clause 48 (1) (b) (pre-retirement death benefit), section 67.3 (transfer of a lump sum for certain family law purposes), 67.4 (division of a pension for certain family law purposes)” and substituting “section 39.1 (variable benefits), 42 (transfer) or 43 (purchase of pension), clause 48 (1) (b) (pre-retirement death benefit), section 67.3 (transfer of a lump sum for certain family law purposes) or 67.4 (division of a pension for certain family law purposes)”.

   (2)  Subsection 65 (3) of the Act is amended by striking out “or transfer under section 42, 43” and substituting “or transfer under section 39.1, 42 or 43”.

   4.  (1)  Subsection 66 (2) of the Act is amended by striking out “under section 42, 43” and substituting “under section 39.1, 42, 43”.

   (2)  Subsection 66 (3) of the Act is amended by striking out “in accordance with section 42, 43” and substituting “in accordance with section 39.1, 42, 43”.

   (3)  Subsection 66 (4) of the Act is amended by striking out “transfer under section 42 or 43” and substituting “transfer under section 39.1, 42 or 43”.

   5.  Subsection 67 (1) of the Act is amended by striking out “transfer under section 42, 43” and substituting “transfer under section 39.1, 42, 43”.

   6.  Clause 79.1 (2) (a) of the Act is amended by striking out “transfer is authorized under section 21, 42” and substituting “transfer is authorized under section 21, 39.1, 42”.

   7.  Subsection 80.1 (10) of the Act is amended by striking out “July 1, 2016” at the end and substituting “July 1, 2017”.

   8.  Paragraph 1 of subsection 89 (2) of the Act is repealed and the following substituted;

    1.  An order under subsection 39.1 (12), 42 (9) or 43 (5) (repayment of money).

   9.  Section 113.1 of the Actis repealed and the following substituted:

Fees

   113.1  The Minister may make regulations governing fees under this Act, including,

  (a)  requiring the payment of fees in relation to any matter under this Act, including any services provided by or through the Ministry of Finance or the Commission;

  (b)  prescribing the amount of fees or the manner of determining fees;

   (c)  prescribing the manner in which and the period within which fees must be paid.

Securing Pension Benefits Now and for the Future Act, 2010

   10.  Section 11 of the Securing Pension Benefits Now and for the Future Act, 2010is repealed.

Commencement

   11.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Sections 1, 2, 3, 4, 5, 6, 8 and 9 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 35
personal property security act

   1.  Subsections 51 (5) and (6) of the Personal Property Security Act are repealed.

   2.  Subsection 54 (2) of the Act is repealed and the following substituted:

Consumer goods, registration period

   (2)  Where the collateral is consumer goods, a notice registered under clause (1) (a) or an extension notice registered under subsection (3), as the case may be, shall set out an expiration date, and the notice or extension notice is effective until the end of the expiration date.

Commencement

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

 

schedule 36
poverty reduction act, 2009

   1.  The Poverty Reduction Act, 2009 is amended by adding the following section:

Definition

   1.1  In this Act,

“Minister” means the minister to whom the administration of this Act is assigned under the Executive Council Act.

   2.  Section 8 of the Act is repealed and the following substituted:

Grants

   8.  (1)  For the purposes of the poverty reduction strategy and for other poverty reduction measures, the Minister may make grants to,

  (a)  public bodies within the meaning of the Public Service of Ontario Act, 2006;

  (b)  First Nations and Aboriginal organizations;

   (c)  entities in the broader public sector such as municipalities and their local boards, universities, colleges of applied arts and technology, school boards, hospitals, community care access corporations, children’s aid societies and district social services boards;

  (d)  registered charities and not-for-profit corporations; and

  (e)  such other entities as may be prescribed by regulation.

Regulations

   (2)  The Lieutenant Governor in Council may prescribe entities for the purposes of this section.

Agreement for administration of grants

   8.1  The Minister may enter into agreements providing for the administration of grants made under section 8 and for the provision of related services.

Commencement

   3.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 37
public sector expenses review act, 2009

   1.  (1)  Section 11 of the Public Sector Expenses Review Act, 2009 is repealed and the following substituted:

Exclusion of certain corporations

Ontario Retirement Pension Plan Administration Corporation

   11.  The Ontario Retirement Pension Plan Administration Corporation (established by theOntario Retirement Pension Plan Administration Corporation Act, 2015) and its subsidiaries, if any, are deemed not to be public entities for the purposes of this Act.

   (2)  Section 11 of the Act, as re-enacted by subsection (1), is amended by adding the following subsections:

Hydro One Inc.

   (2)  Hydro One Inc. and its subsidiaries are not public entities for the purposes of this Act on and after the day the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

Same, transition

   (3)  Despite subsection (2), for a period of six months after the date described in that subsection,

  (a)  the Integrity Commissioner may continue to exercise all of his or her powers under this Act in relation to Hydro One Inc. with respect to expense claims made before April 1, 2015; and

  (b)  Hydro One Inc. and its expenses officers continue to have the duties of a public entity or expenses officer, as the case may be, under this Act in respect of those expenses, and must provide copies of those expenses claims on or before May 31, 2015 or the date described in subsection (2), whichever is later.

Repeal

   (4)  Subsection (3) and this subsection are repealed on the first anniversary of the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent.

   (3)  Section 4 of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 (which repeals section 11 of the Public Sector Expenses Review Act, 2009) is repealed.

Commencement

   2.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Subsection 1 (1) comes into force the day subsection 2 (1) of Schedule 33 (Ontario Retirement Pension Plan Administration Corporation Act, 2015) to the Building Ontario Up Act (Budget Measures), 2015 comes into force.

 

schedule 38
public sector salary disclosure act, 1996

   1.  The Public Sector Salary Disclosure Act, 1996 is amended by adding the following section:

Exclusion of certain corporations

   2.1  This Act does not apply to the Ontario Retirement Pension Plan Administration Corporation (established by the Ontario Retirement Pension Plan Administration Corporation Act, 2015) and its subsidiaries, if any.

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

Transition re: Hydro One Inc.

   (6)  This section does not apply to Hydro One Inc. and its subsidiaries with respect to salary and benefits paid after December 31, 2014.

Commencement

   3.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Section 1 comes into force the day subsection 2 (1) of Schedule 33 (Ontario Retirement Pension Plan Administration Corporation Act, 2015) to the Building Ontario Up Act (Budget Measures), 2015 comes into force.

 

schedule 39
securities act

   1.  Subsection 19 (1) of the Securities Act is repealed and the following substituted:

Record-keeping

   (1)  Every market participant shall keep the following records:

    1.  Such books, records and other documents as are necessary for the proper recording of its business transactions and financial affairs and the transactions that it executes on behalf of others.

    2.  Such books, records and other documents as may otherwise be required under Ontario securities law.

    3.  Such books, records and other documents as may reasonably be required to demonstrate compliance with Ontario securities law.

   2.  (1)  The English version of section 76 of the Act is amended by striking out “the reporting issuer” wherever it appears and substituting in each case “the issuer”.

   (2)  The English version of section 76 of the Act is amended by striking out “a reporting issuer” wherever it appears and substituting in each case “an issuer”.

   (3)  The French version of section 76 of the Act is amended by striking out “émetteur assujetti” wherever it appears and substituting in each case “émetteur”, except in the definition of “émetteur assujetti” in subsection (5).

   (4)  The English version of subsection 76 (2) of the Act is amended by striking out “No reporting issuer” at the beginning and substituting “No issuer”.

   (5)  Subsection 76 (5) of the Act is amended by adding the following definitions:

“insider” includes a person or company that would be an insider of an issuer if the issuer were a reporting issuer; (“initié”)

“issuer” means,

  (a)  a reporting issuer, or

  (b)  any other issuer whose securities are publicly traded; (“émetteur”)

   (6)  The French version of subclause (a) (ii) of the definition of “person or company in a special relationship with a reporting issuer” in subsection 76 (5) of the Act is amended by striking out “d’un émetteur” and substituting “de l’émetteur”.

   (7)  The definition of “reporting issuer” in subsection 76 (5) of the Act is repealed.

   3.  Section 127 of the Act is amended by adding the following subsections:

No hearing required

   (4.1)  Despite subsection (4), the Commission may make an order under paragraph 2 or 2.1 of subsection (1) without giving the person or company that is subject to the order an opportunity to be heard if the person or company fails to file a record required to be filed under this Act.

Contents of order

   (4.2)  An order made under subsection (4.1) must include a reference to the record that was not filed.

Revocation of order

   (4.3)  Subject to subsection (4.6), the Commission shall revoke an order made under subsection (4.1) as soon as practicable after the record referred to in the order is filed.

Notice of order

   (4.4)  The Commission shall publish a notice of every order made under subsection (4.1) as soon as practicable after the order is made.

Notice of revocation

   (4.5)  The Commission shall publish a notice of every order revoked under subsection (4.3) as soon as practicable after the order is revoked.

Additional information

   (4.6)  If an order made under subsection (4.1) has been in effect for more than 90 days and the Commission is of the opinion that it would be in the public interest to do so, the Commission may require that, before it revokes the order, in addition to filing the record referred to in the order, the person or company that is the subject of the order concurrently file or deliver such additional records or information about the person or company as the Commission requests.

   4.  (1)  The English version of section 134 of the Act is amended by striking out “the reporting issuer” wherever it appears and substituting in each case “the issuer”.

   (2)  The English version of section 134 of the Act is amended by striking out “a reporting issuer” wherever it appears and substituting in each case “an issuer”.

   (3)  The French version of section 134 of the Act is amended by striking out “émetteur assujetti” wherever it appears and substituting in each case “émetteur”, except in the definition of “émetteur assujetti” in subsection (7).

   (4)  The English version of clause 134 (2) (a) of the Act is amended by striking out “reporting” at the beginning.

   (5)  The French version of clause 134 (2) (c) of the Act is amended by striking out “d’un émetteur” and substituting “de l’émetteur”.

   (6)  The French version of clause 134 (2) (f) of the Act is amended by striking out “particuliers avec un émetteur” and substituting “particuliers avec l’émetteur”.

   (7)  Subsection 134 (7) of the Act is amended by adding the following definition:

“issuer” means,

  (a)  a reporting issuer, or

  (b)  any other issuer whose securities are publicly traded; (“émetteur”)

   (8)  The definition of “reporting issuer” in subsection 134 (7) of the Act is repealed.

Limitations Act, 2002

   5.  The Schedule to the Limitations Act, 2002 is amended by striking out,

Securities Act

section 129.1, subsection 136 (5) and sections 138 and 138.14

and substituting the following:

Securities Act

section 129.1, subsection 136 (6) and sections 138 and 138.14

Commencement

   6.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 40
taxation act, 2007

   1.  (1)  Subsection 1 (1) of the Taxation Act, 2007 is amended by adding the following definition:

“graduated rate estate” means a graduated rate estate as defined in subsection 248 (1) of the Federal Act; (“succession assujettie à l’imposition à taux progressifs”)

   (2)  The definition of “individual” in subsection 1 (1) of the Act is amended by adding “a graduated rate estate and a qualified disability trust” at the end.

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

“qualified disability trust” means a qualified disability trust as defined in subsection 122 (3) of the Federal Act; (“fiducie admissible pour personne handicapée”)

   2.  (1)  The definition of “basic personal income tax” in subsection 3 (1) of the Act is amended by striking out “section 6 or 7” at the end and substituting “section 6, 7 or 7.1”.

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

“top marginal tax rate” means 20.53 per cent.  (“taux d’imposition marginal supérieur”)

   3.  (1)  Subsection 7 (1) of the Act is amended by striking out “the basic personal income tax for a taxation year” and substituting “the basic personal income tax for a taxation year ending before January 1, 2016”.

   (2)  Subsection 7 (2) of the Act is amended by striking out “the basic personal income tax for a taxation year” and substituting “the basic personal income tax for a taxation year ending before January 1, 2016”.

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

Basic personal income tax, trusts, 2016 and subsequent taxation years

   7.1  (1)  Despite section 6, the basic personal income tax for a taxation year ending after December 31, 2015 of an individual that is a trust, other than a graduated rate estate or a qualified disability trust, is the total of,

  (a)  the amount calculated by multiplying the trust’s tax base for the year by the top marginal tax rate for the year; and

  (b)  the amount determined under subsection (3), if the trust is a trust to which subsection 122 (2) of the Federal Act applies.

Trust with income earned outside Ontario or non-resident, 2016 and subsequent taxation years

   (2)  Despite section 6 and subsection (1), the basic personal income tax for a taxation year ending after December 31, 2015 of a trust, other than a graduated rate estate or a qualified disability trust, that is an individual described in paragraph 2 or 3 of subsection 4 (1), is the total of,

  (a)  the amount that would otherwise be determined under clause (1) (a), multiplied by the trust’s Ontario allocation factor for the year; and

  (b)  the amount determined under subsection (3), if the trust is a trust to which subsection 122 (2) of the Federal Act applies.

Where subsection 122 (2) of the Federal Act applies

   (3)  The amount determined for the purposes of clauses (1) (b) and (2) (b) is the amount equal to the tax that would be payable under paragraph 122 (1) (c) of the Federal Act if,

  (a)  “this Part” in subparagraph (i) in the description of A were read as a reference to Division B of Part II of this Act;

  (b)  “29%” in subparagraph (i) in the description of A were read as a reference to “the top marginal tax rate”; and

   (c)  “this Part” in the description of B were read as a reference to Division B of Part II of this Act.

   5.  Paragraph 9 of section 8 of the Act is amended by striking out “and” at the end of subparagraph 9 i, by adding “and” at the end of subparagraph 9 ii and by adding the following subparagraph:

          iii.  any tax credits the individual would otherwise be entitled to deduct under section 9 for the year, as determined in accordance with paragraph 10.1, that apply to any period in the year throughout which the individual was not resident in Canada, computed as though that non-resident period was the whole taxation year.

   6.  The definition of “II” in subsection 9 (21) of the Act is repealed and the following substituted:

   “II”  is,

         (a)  17.41 per cent, if the individual is a trust to which subsection 7.1 (1) or (2) applies, or

         (b)  11.16 per cent in any other case, and

   7.  The definition of “A” in section 10 of the Act is amended by striking out “subsections 6 (2) and 7 (2)” and substituting “subsections 6 (2), 7 (2) and 7.1 (2)”.

   8.  (1)  Subsection 16 (1) of the Act is amended by adding “Subject to subsection (3)” at the beginning of the portion before clause (a).

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

Exception

   (3)  The amount of an individual’s surtax for a taxation year of an individual that is a trust to which subsection 7.1 (1) or (2) applies is nil.

   9.  (1)  Subsection 36 (1) of the Act is amended by striking out “at any time in a taxation year” in the portion before the formula and substituting “at any time in a taxation year ending before April 23, 2015”.

   (2)  Section 36 of the Act is amended by adding the following subsection:

Transition, April 23, 2015

   (1.1)  Every corporation that has a permanent establishment in Ontario at any time in a taxation year that includes April 23, 2015 shall, in computing the amount of its tax payable under this Division for the year, add the amount calculated using the formula,

H × J/K

in which,

  “H”  is the amount that would be calculated under subsection (1) in respect of the corporation if that subsection applied in the taxation year,

   “J”  is the number of days in the taxation year that are before April 24, 2015, and

  “K”  is the total number of days in the taxation year.

   10.  (1)  Subsection 37 (1) of the Act is amended by striking out “under this Division for a taxation year” in the portion before the formula and substituting “under this Division for a taxation year ending before April 23, 2015”.

   (2)  Section 37 of the Act is amended by adding the following subsections:

Transition, April 23, 2015

   (1.1)  A corporation may, in computing its tax payable under this Division for a taxation year that includes April 23, 2015, deduct a resource tax credit equal to the lesser of the corporation’s tax payable under this Division for the year, determined without reference to this section, sections 33, 34, 35 and 39, subsection 47 (3) and section 53, and the amount calculated using the formula,

H × J/K

in which,

  “H”  is the amount that would be calculated under subsection (1) in respect of the corporation if that subsection applied in the taxation year,

   “J”  is the number of days in the taxation year that are before April 24, 2015, and

  “K”  is the total number of days in the taxation year.

Unused resource tax credits

   (1.2)  A corporation may, in computing its tax payable under this Division for a taxation year that is one of the first five taxation years beginning after April 23, 2015, deduct a resource tax credit equal to the lesser of the corporation’s tax payable under this Division for the year, determined without reference to this section, sections 33, 34, 35 and 39, subsection 47 (3) and section 53, and the corporation’s resource credit balance at the beginning of the year.

   (3)  Subsection 37 (2) of the Act is amended by striking out “For the purposes of the definition of “E” in subsection (1)” at the beginning and substituting “For the purposes of this section”.

   (4)  The definition of “F” in subsection 37 (2) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”.

   (5)  The definition of “G” in subsection 37 (2) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1), (1.1) or (1.2)”.

   11.  (1)  The English version of subclause (a) (i) of the definition of “A” in subsection 89 (2) of the Act is amended by striking out “and” at the end.

   (2)  Subclause (a) (ii) of the definition of “A” in subsection 89 (2) of the Act is repealed and the following substituted:

                  (ii)  the product obtained by multiplying the taxpayer’s specified percentage for the taxation year in respect of eligible expenditures incurred after March 26, 2009 and in respect of an apprenticeship program that commenced before April 24, 2015 by the taxpayer’s eligible expenditures incurred during the year and after March 26, 2009 and in respect of an apprenticeship program that commenced before April 24, 2015, and

                 (iii)  the product obtained by multiplying the taxpayer’s specified percentage for the taxation year in respect of eligible expenditures incurred in respect of an apprenticeship program that commenced on or after April 24, 2015 by the taxpayer’s eligible expenditures incurred during the year and in respect of an apprenticeship program that commenced on or after April 24, 2015, and

   (3)  Subsection 89 (2.2) of the Act is amended by striking out “after March 26, 2009” in the portion before paragraph 1 and substituting “after March 26, 2009 and in respect of an apprenticeship program that commenced before April 24, 2015”.

   (4)  Section 89 of the Act is amended by adding the following subsection:

Specified percentage, eligible expenditures incurred in respect of an apprenticeship program that commenced on or after April 24, 2015

   (2.3)  For the purposes of subclause (a) (iii) of the definition of “A” in subsection (2), a taxpayer’s specified percentage for the taxation year in respect of eligible expenses incurred in respect of an apprenticeship program that commenced on or after April 24, 2015 is the following:

    1.  25 per cent if the total of all salaries or wages paid by the taxpayer in the previous taxation year is $600,000 or more.

    2.  The percentage determined by adding 25 per cent and the percentage calculated using the following formula, if the total of all salaries or wages paid by the taxpayer in the previous taxation year is greater than $400,000 but less than $600,000:

0.05 × [1 – (CC/200,000)]

in which,

      “CC”  is the total amount of salaries or wages paid by the taxpayer in the previous taxation year that is in excess of $400,000.

    3.  30 per cent in any other case.

   (5)  The formula in subsection 89 (3) of the Act is repealed and the following substituted:

($5,000 × C/Y) + ($10,000 × D/Y) + ($5,000 × E/Y)

   (6)  The definition of “D” in subsection 89 (3) of the Act is amended by striking out “in a qualifying apprenticeship” in the portion before clause (a) and substituting “in a qualifying apprenticeship in an apprenticeship program that commenced before April 24, 2015” and by striking out “and” at the end.

   (7)  Clause (a) of the definition of “D” in subsection 89 (3) of the Act is repealed and the following substituted:

         (a)  after March 2009, and

   (8)  Subsection 89 (3) of the Act is amended by adding the following definition:

  “E”  is the total number of days in the taxation year that the apprentice was employed by the taxpayer as an apprentice in a qualifying apprenticeship that is an apprenticeship program that commenced on or after April 24, 2015 and that were within the first 36 months of the commencement of the apprentice in the apprenticeship program, and

   (9)  The English version of clause 89 (3.1) (a) of the Act is amended by striking out “and” at the end.

   (10)  Clause 89 (3.1) (b) of the Act is amended by striking out “after March 26, 2009” and substituting “after March 26, 2009 and in respect of an apprenticeship program that commenced before April 24, 2015” and by adding “and” at the end.

   (11)  Subsection 89 (3.1) of the Act is amended by adding the following clause:

   (c)  if the government assistance was received in respect of eligible expenditures incurred in respect of an apprenticeship program that commenced on or after April 24, 2015, the percentage is the specified percentage that would be determined under subsection (2.3) for the taxation year in which the government assistance was received.

   (12)  Subsection 89 (6) of the Act is amended by striking out “subsections (2.1) and (2.2)” and substituting “subsections (2.1), (2.2) and (2.3)”

   (13)  The English version of subparagraph 1 iii of subsection 89 (9) of the Act is amended by striking out “and” at the end.

   (14)  Subparagraph 1 iv of subsection 89 (9) of the Act is amended by striking out “after March 26, 2009” and substituting “after March 26, 2009 and in respect of an apprenticeship program that commenced before April 24, 2015” and by adding “and” at the end.

   (15)  Paragraph 1 of subsection 89 (9) of the Act is amended by adding the following subparagraph:

           v.  the amount is incurred in respect of an apprenticeship program that commenced on or after April 24, 2015 and relates to services provided by the apprentice to the taxpayer during the first 36 months of the apprenticeship program and does not relate to services performed before the commencement or after the end of the apprenticeship program.

   (16)  The English version of subparagraph 2 iii of subsection 89 (9) of the Act is amended by striking out “and” at the end.

   (17)  Subparagraph 2 iv of subsection 89 (9) of the Act is amended by striking out “after March 26, 2009” and substituting “after March 26, 2009 and in respect of an apprenticeship program that commenced before April 24, 2015” and by adding “and” at the end.

   (18)  Paragraph 2 of subsection 89 (9) of the Act is amended by adding the following subparagraph:

           v.  the fee is incurred in respect of an apprenticeship program that commenced on or after April 24, 2015 and the fee relates to services provided by the apprentice to the taxpayer during the first 36 months of the apprenticeship program and does not relate to services performed before the commencement or after the end of the apprenticeship program.

   (19)  Subsection 89 (10) of the Act is amended by striking out “subparagraphs 1 iii and iv and 2 iii and iv of subsection (9)” and substituting “this section”.

   (20)  Clause 89 (14) (a) of the Act is amended by striking out “the definitions of “C” and “D” in subsection (3) and for the purposes of paragraph 1 of subsection (7)” and substituting “the definitions of “C”, “D” and “E” in subsection (3)”.

   12.  (1)  Subsection 90 (2) of the Act is repealed and the following substituted:

Amount of tax credit

   (2)  The amount of a qualifying corporation’s Ontario computer animation and special effects tax credit for a taxation year is,

  (a)  20 per cent of its qualifying labour expenditures for the year for expenditures incurred on or before April 23, 2015; and

  (b)  18 per cent of its qualifying labour expenditures for the year for expenditures incurred after April 23, 2015.

Transitional

   (2.1)  Despite subsection (2), the amount of a qualifying corporation’s Ontario computer animation and special effects tax credit for a taxation year is 20 per cent of its qualifying labour expenditures for the year for expenditures incurred after April 23, 2015 and before August 1, 2016 in respect of an eligible production if all of the following criteria are satisfied:

    1.  Before April 24, 2015, the corporation has entered into at least one written agreement in respect of a qualifying labour expenditure for the eligible production with a person that deals at arm’s length with the corporation and any of the following criteria are satisfied:

            i.  The agreement is in respect of digital animation or digital visual effects for use in the eligible production.

           ii.  The agreement demonstrates, in the opinion of the Minister of Tourism, Culture and Sport, that the corporation has made a significant commitment to production activities related to the eligible production in Ontario.

    2.  Before August 1, 2015, the corporation has notified the Ontario Media Development Corporation in writing of its intent to apply for a certificate under subsection (5) in respect of the eligible production.

    3.  Before August 1, 2016, the corporation has applied to the Ontario Media Development Corporation for a certificate under subsection (5) in respect of the eligible production.

    4.  Principal photography or key animation for the production commenced before August 1, 2015.

   (2)  The definition of “eligible production” in subsection 90 (11) of the Act is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

  (d)  is a production in respect of which a certificate has been issued to a qualifying corporation under subsection 91 (15) or 92 (8), if no eligible expenditure in respect of the production is incurred on or before April 23, 2015;

   13.  (1)  The English version of clause 92 (3) (b) of the Act is amended by striking out “and” at the end.

   (2)  Clause 92 (3) (c) of the Act is repealed and the following substituted:

   (c)  25 per cent of the portion of its qualifying production expenditure in respect of the production for the year that relates to expenditures incurred after June 30, 2009 and on or before April 23, 2015; and

  (d)  21.5 per cent of the portion of its qualifying production expenditure in respect of the production for the year that relates to expenditures incurred after April 23, 2015.

   (3)  Section 92 of the Act is amended by adding the following subsection:

Transitional

   (3.1)  Despite subsection (3), a qualifying corporation’s eligible credit for a taxation year in respect of an eligible production includes 25 per cent of the portion of its qualifying production expenditures in respect of the production for the year that relates to expenditures incurred after April 23, 2015 and before August 1, 2016 if all of the following criteria are satisfied:

    1.  Before April 24, 2015, the corporation has entered into at least one written agreement in respect of a qualifying production expenditure in respect of the production with a person that deals at arm’s length with the corporation and any of the following criteria are satisfied:

            i.  The agreement is in respect of services of a producer, a director, a key cast member, a production crew or a post-production crew.

           ii.  The agreement is in respect of a studio located in Ontario, or a location in Ontario.

          iii.  The agreement demonstrates, in the opinion of the Minister of Tourism, Culture and Sport, that the corporation has made a significant commitment to production activities in Ontario.

    2.  Before August 1, 2015, the corporation has applied to the Ontario Media Development Corporation under subsection (6) for a certificate in respect of the production.

    3.  Principal photography or key animation for the production commenced before August 1, 2015

   (4)  Subsection 92 (4) of the Act is amended by striking out “clause (3) (b) or (c)” and substituting “clause (3) (b), (c) or (d)”.

   (5)  Subsection 92 (5.1) of the Act is amended by striking out “For the purposes of this section” at the beginning and substituting “Subject to subsection (5.1.1), for the purposes of this section”.

   (6)  Section 92 of the Act is amended by adding the following subsections:

Same, expenditure not to exceed limit

   (5.1.1)  A corporation’s qualifying production expenditure for a taxation year that commences on or after April 24, 2015 in respect of an eligible production shall not exceed the corporation’s qualifying production expenditure limit for the taxation year in respect of the eligible production, as determined under subsection (5.1.2).

Qualifying production expenditure limit

   (5.1.2)  For the purposes of subsection (5.1.1), a corporation’s qualifying production expenditure limit for a taxation year in respect of an eligible production is the amount, if any, by which “C” exceeds “D” where,

  “C”  is four times the sum of,

         (a)  the amount of the corporation’s eligible wage expenditure for the year or a previous taxation year in respect of the production to the extent that the eligible wage expenditure has not been included in the determination of the corporation’s qualifying production expenditure in respect of the production for a previous taxation year,

         (b)  the amount of the corporation’s eligible service contract expenditure for the year or a previous taxation year in respect of the production that relates to salary and wages paid to Ontario-based individuals in respect of services provided under the contract to the extent that the amount has not been included in the determination of the corporation’s qualifying production expenditure in respect of the production for a previous taxation year, and

          (c)  the amount determined under subsection (5.5) for the year or a previous year in respect of the production to the extent that the amount has not been included in the determination of the corporation’s qualifying production expenditure in respect of the production for a previous taxation year, and

  “D”  is the sum of,

         (a)  all relevant assistance in respect of the production,

                   (i)  that may reasonably be considered to be directly attributable to any amount included in the determination of “A” under subsection (5.1) for the year,

                  (ii)  that, when it was required to file its return under this Act for the year, the corporation or any other person or partnership had received, was entitled to receive or was reasonably expected to receive, to the extent the assistance had not been repaid pursuant to a legal obligation to do so, and

                 (iii)  that has not caused a reduction of any amount included in the determination of “A” under subsection (5.1) for the year in respect of the production, and

         (b)  if the corporation is a parent, the sum of all amounts each of which is determined in respect of the production under subsection (5.5) as a consequence of an agreement referred to in that subsection between the corporation and the subsidiary corporation.

   (7)  Clause 92 (5.2) (d) of the Act is amended by striking out “from the final script stage” and substituting “after the final script stage”.

   (8)  Subsection 92 (5.3) of the Act is amended by striking out “subject to subsection (5.8)” in the portion before clause (a) and substituting “subject to subsections (5.8) and (15)”.

   (9)  Clause 92 (5.3) (d) of the Act is amended by striking out “from the final script stage” and substituting “after the final script stage”.

   (10)  Subsection 92 (5.6) of the Act is amended by striking out “subject to subsections (5.7) and (5.8)” in the portion before clause (a) and substituting “subject to subsections (5.7), (5.8), (16) and (17)”.

   (11)  Paragraph 2 of subsection 92 (5.7) of the Act is amended by striking out “from the final script stage” and substituting “after the final script stage”.

   (12)  Section 92 of the Act is amended by adding the following subsections:

Same, eligible service contract

   (15)  For taxation years commencing after April 23, 2015, if a qualifying corporation enters into a contract for service with a person or partnership with which the corporation does not deal at arm’s length, an amount incurred by the corporation pursuant to the contract shall not be included in the corporation’s eligible service contract expenditures for a taxation year in respect of an eligible production for the purposes of subsection (5.3) unless the amount would have been an eligible wage expenditure or eligible service contract expenditure of the person or partnership if,

  (a)  the person or partnership was a qualifying corporation; and

  (b)  the expenditure was incurred by the person or partnership in respect of an eligible production.

Same, acquisition of tangible property

   (16)  For taxation years commencing after April 23, 2015, if a qualifying corporation acquires tangible property from a person or partnership with which the corporation does not deal at arm’s length, for the purposes of determining the corporation’s eligible tangible property expenditure for a taxation year in respect of an eligible production under subsection (5.6), the definition of “A” in paragraph 1 of that subsection shall be read as follows,

  “A”  is,

         (a)  in respect of the year in which the tangible property was acquired, the lesser of,

                   (i)  the corporation’s purchase price of the tangible property,

                  (ii)  the costs of the tangible property to the person or partnership, and

                 (iii)  the undepreciated capital costs of the tangible property at the beginning of the person’s or partnership’s taxation year in which the corporation acquired the tangible property, and

         (b)  in respect of a year other than the year in which the tangible property was acquired, the amount that would be the undepreciated capital costs of the property at the beginning of the year if the costs of the property had been the amount determined under clause (a).

Same, lease of tangible property

   (17)  For taxation years commencing after April 23, 2015, if a qualifying corporation leases tangible property from a person or partnership with which the corporation does not deal at arm’s length, then the following rules apply in respect of the lease for the purposes of determining the corporation’s eligible tangible property expenditure for a taxation year in respect of an eligible production under subsection (5.6):

    1.  If the person or partnership that leases the tangible property to the corporation owns the tangible property, then the amount of the corporation’s eligible tangible property expenditure for the year in respect of that property is the lesser of the amount that would otherwise be determined under paragraph 2 of subsection (5.6) and the amount that would be determined under paragraph 1 of subsection (5.6) if the corporation owned the tangible property.

    2.  If the person or partnership that leases the tangible property to the corporation has itself leased the tangible property, then the amount of the corporation’s eligible tangible property expenditure for the year in respect of that property is the amount that would be determined under paragraph 2 of subsection (5.6) if the lease cost for the purposes of that paragraph was the lesser of the lease costs of the corporation and the lease costs of the person or partnership.

Exception, parties to certain litigation

   (18)  A qualifying corporation that was a party to the action in the matter of Rookie Blue Two Inc. v. Her Majesty the Queen, court file number CV-14-499450, decided by the Ontario Superior Court of Justice on March 11, 2015, shall, for the purposes of determining its eligible expenditures with respect to the eligible production referred to in that matter, determine the following expenditures as they would have been determined under this section as it read immediately before the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent:

    1.  The eligible wage expenditure under subsection (5.2).

    2.  The eligible service contract expenditure under subsection (5.3).

    3.  The eligible tangible property expenditure under subsection (5.7).

   14.  Section 94 of the Act is amended by adding the following subsection:

Limit on tax credit

   (2.1)  A corporation may only claim the Ontario sound recording tax credit in respect of a qualifying expenditure incurred on or after April 24, 2015 if the following requirements are met:

    1.  The expenditure was incurred in respect of an eligible Canadian sound recording that commenced before April 23, 2015.

    2.  The expenditure was incurred before May 1, 2016.

    3.  The corporation did not receive an amount from the Ontario Music Fund in respect of the expenditure.

   15.  Paragraph 2 of subsection 96 (9) of the Act is amended by striking out “Only 40 per cent” at the beginning and substituting “For expenditures made before 2014, only 40 per cent”.

   16.  Subsection 104 (2) of the Act is amended by striking out “Paragraph 122.61 (3) (a) and subsections 122.61 (3.1) and (4)” at the beginning and substituting “Subsections 122.61 (3), (3.1) and (4)”.

   17.  (1)  Subsection 105 (3) of the Act is repealed and the following substituted:

Additional refund

   (3)  A mutual fund trust that is entitled to an Ontario capital gains refund under subsection (1) for a taxation year that ends after December 31, 2013 is entitled, at the time and in the manner provided in subsection (1), to receive an additional refund for the year equal to the amount calculated under subsection (3.0.1) or (3.0.2), as applicable.

Same, if a qualifying mutual fund trust

   (3.0.1)  If a mutual fund trust that is entitled to an additional refund for a taxation year under subsection (3) is a qualifying mutual fund trust for the year, as determined under subsection (3.0.3), the amount of the additional refund to which the trust is entitled under subsection (3) for the year is equal to the lesser of the amount of the trust’s surtax for the year under section 16 and the amount of tax that is payable under Division B of Part II by the trust for the year.

Same, if not a qualifying mutual fund trust

   (3.0.2)  If a mutual fund trust that is entitled to an additional refund for a taxation year under subsection (3) is not a qualifying mutual fund trust for the year, as determined under subsection (3.0.3), the amount of the additional refund to which the trust is entitled under subsection (3) for the year is equal to the lesser of,

  (a)  the amount of the trust’s surtax for the year under section 16; and

  (b)  the amount that would be the trust’s surtax for the year if the trust’s gross tax amount determined under subsection 16 (2) for the year were equal to the amount of the trust’s Ontario capital gains refund for the year.

Qualifying mutual fund trust

   (3.0.3)  For the purposes of this section, a mutual fund trust is a qualifying mutual fund trust for a taxation year if the following conditions are met:

    1.  The tax payable by the trust under Division B of Part II of this Act for the year, calculated without reference to subdivisions c and e of that Division and section 21, does not exceed the amount determined by the formula

S × T × U

   where,

         “S”  is the trust’s taxed capital gains for the year for the purposes of section 132 of the Federal Act,

         “T”  is the highest tax rate for the relevant year for the purposes of Division B of Part II of this Act, and

         “U”  is the trust’s Ontario allocation factor for the relevant year for the purposes of Division B of Part II of this Act.

    2.  The amount of the trust’s Ontario capital gains refund for the year under subsection (1) is equal to or greater than the lesser of the amounts in respect of the year calculated for the trust under clauses (a) and (b) of the definition of “F” in subsection (4).

   (2)  The definition of “N” in clause 105 (3.1) (b) of the Act is repealed and the following substituted:

         “N”  is the sum of all amounts, each of which is,

                 (a)  for a taxation year ending after 1995 and before 2009, the amount that would be the trust’s surcharge or surtax, as the case may be, under section 3 of the Income Tax Act for the year if the amount determined to be “A” or “B”, whichever applies, for the purposes of the formula in subsection 4 (9.1) of that Act for the year were its gross tax amount determined under subsection 3 (2) of that Act for the year,

                 (b)  for a taxation year ending after 2008 and before 2014, the amount that would be the trust’s surtax under section 16 for the year if the trust’s gross tax amount determined under subsection 16 (2) for the year were the amount added to the trust’s Ontario refundable capital gains tax on hand at the end of the year, or

                  (c)  for a taxation year ending after 2013,

                         (i)  if the trust is a qualifying mutual fund trust for the year, the lesser of the amount of the trust’s surtax for the year under section 16 and the amount of tax that is payable under Division B of Part II of this Act by the trust for the year,

                        (ii)  if the trust is not a qualifying mutual fund trust for the year and the trust had an amount of surtax for the year under subsection 16 (1), the amount that would be the trust’s surtax under section 16 for the year if the trust’s gross tax amount determined under subsection 16 (2) for the year were the amount added to the trust’s Ontario refundable capital gains tax on hand at the end of the year, or

                       (iii)  if the trust is not a qualifying mutual fund trust for the year and the trust did not have an amount of surtax for the year under subsection 16 (1), nil,

   (3)  Subsection 105 (5) of the Act is amended by striking out the portion before the definition of “I” and substituting the following:

Qualifying exchange

   (5)  If a mutual fund trust is a transferee in a qualifying exchange at any time in a taxation year of the trust, the trust’s Ontario refundable capital gains tax on hand at the end of each subsequent taxation year shall be determined by adding to the amount otherwise determined as “D” in subsection (4) the amount, if any, by which “I” exceeds “J” where,

.     .     .     .     .

   (4)  Subsection 105 (8) of the Act is amended by adding the following definition:

“qualifying exchange” has the same meaning as in subsection 132.2 (1) of the Federal Act. (“échange admissible”)

   18.  Section 109 of the Act is amended by striking out “section 6 or 7” in the portion before clause (a) and substituting “section 6, 7 or 7.1”.

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

Penalty re use, etc., of electronic suppression of sales devices

Definitions

   121.1  (1)  In this section,

“electronic cash register” means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data or any other electronic point-of-sale system; (“caisse enregistreuse électronique”)

“electronic suppression of sales device” means,

  (a)  a software program that falsifies the records of electronic cash registers, including transaction data and transaction reports; or

  (b)  a hidden programming option, whether preinstalled or installed at a later time, embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that,

           (i)  may be used to create a virtual second till, or

          (ii)  may eliminate or manipulate transaction records, which may or may not be preserved in digital formats, in order to represent the actual or manipulated record of transactions in the electronic cash register; (“appareil de suppression électronique des ventes”)

“service” has the same meaning as in subsection 123 (1) of the Excise Tax Act (Canada). (“service”)

Penalty — use

   (2)  Every person that uses, or that knowingly, or under circumstances attributable to neglect, carelessness or wilful default, participates in, assents to or acquiesces in the use of, an electronic suppression of sales device or a similar device or software in relation to records that are required to be kept by any person under section 141 is liable to a penalty of,

  (a)  unless clause (b) applies, $5,000; or

  (b)  $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this section.

Penalty — possession

   (3)  Every person that acquires or possesses an electronic suppression of sales device, or a right in respect of an electronic suppression of sales device, that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 141 is liable to a penalty of,

  (a)  unless clause (b) applies, $5,000; or

  (b)  $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this section.

Penalty — manufacturing or making available

   (4)  Every person that designs, develops, manufactures, possesses for sale, offers for sale, sells, transfers or otherwise makes available to another person, or that supplies installation, upgrade or maintenance services for, an electronic suppression of sales device that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 141 is liable to a penalty of,

  (a)  unless clause (b) or (c) applies, $10,000;

  (b)  unless clause (c) applies, $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under subsection (2) or (3); or

   (c)  $100,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this subsection.

Assessment

   (5)  The Minister may at any time assess a taxpayer in respect of any penalty payable by a person under subsections (2) to (4), and the provisions of this Part apply, with any modifications that the circumstances require, in respect of an assessment made under subsections (2) to (4) as though it had been made under section 112.

Limitation

   (6)  Despite section 112, if at any time the Minister assesses a penalty payable by a person under subsections (2) to (4), the Minister is not to assess, at or after that time, another penalty payable by the person under subsections (2) to (4) that is in respect of an action of the person that occurred before that time.

Certain defences not available

   (7)  Except as otherwise provided in subsection (8), a person does not have a defence in relation to a penalty assessed under subsections (2) to (4) by reason that the person exercised due diligence to prevent the action from occurring.

Due diligence

   (8)  A person is not liable for a penalty under subsection (3) or (4) in respect of an action of the person if the person exercised the degree of care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances to prevent the action from occurring.

Assessment vacated

   (9)  For the purposes of subsections (2) to (8), if an assessment of a penalty under subsections (2) to (4) is vacated, the penalty is deemed to have never been assessed.

   20.  Subsection 123 (1) of the Act is amended by striking out “(1.5), (2)” and substituting “(1.5), (1.51), (1.52), (1.53), (2)”.

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

Offence, electronic suppression of sales devices

Definitions

   144.1  (1)  The definitions in subsection 121.1 (1) apply in this section.

Offences

   (2)  Every person that, without lawful excuse, the proof of which lies on the person,

  (a)  uses an electronic suppression of sales device or a similar device or software in relation to records that are required to be kept by any person under section 141;

  (b)  acquires or possesses an electronic suppression of sales device, or a right in respect of an electronic suppression of sales device, that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 141;

   (c)  designs, develops, manufactures, possesses for sale, offers for sale, sells, transfers or otherwise makes available to another person an electronic suppression of sales device that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 141;

  (d)  supplies installation, upgrade or maintenance services for an electronic suppression of sales device that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 141; or

  (e)  participates in, assents to or acquiesces in the commission of, or conspires with any person to commit, an offence described in any of clauses (a) to (d),

is guilty of an offence and, in addition to any penalty otherwise provided, is liable on conviction to a fine of not less than $10,000 and not more than $500,000 or to imprisonment for a term not exceeding two years, or to both.

 

Penalty on conviction

   (3)  A person that is convicted of an offence under this section is not liable to pay a penalty imposed under any of sections 120, 121 and 121.1 for the same action unless a notice of assessment for that penalty was issued before the information giving rise to the conviction was laid or made.

Stay of appeal

   (4)  If, in any appeal under this Act, substantially the same facts are at issue as those that are at issue in a prosecution under this section, the Minister may file a stay of proceedings with the court and, upon that filing, the proceedings before that court are stayed pending final determination of the outcome of the prosecution.

Commencement

   22.  (1)  Subject to subsections (2) to (7), this Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

Same

   (2)  Sections 1, 2, 3, 4, 6, 7, 8 and 18 come into force on January 1, 2016.

Same

   (3)  Section 5 and subsections 17 (3) and (4) are deemed to have come into force on January 1, 2009.

Same

   (4)  Subsections 13 (7), (9) and (11) are deemed to have come into force on July 1, 2009.

Same

   (5)  Section 16 is deemed to have come into force on December 12, 2013.

Same

   (6)  Subsections 17 (1) and (2) are deemed to have come into force on January 1, 2014.

Same

   (7)  Section 20 is deemed to have come into force on June 26, 2013.

 

schedule 41
taxpayer protection act, 1999

   1.  Section 2 of the Taxpayer Protection Act, 1999 is amended by adding the following subsection:

Exception

   (4.1)  Subsection (4) does not apply to a regulation made under the Provincial Land Tax Act, 2006 that increases the average tax rate under that Act if the regulation is made on or after the day Schedule 41 to the Building Ontario Up Act (Budget Measures), 2015 comes into force and before January 1, 2017.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 42
tile drainage act

   1.  Section 1 of the Tile Drainage Act is amended by adding the following definition:

“Minister” means the Minister of Agriculture, Food and Rural Affairs or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

   2.  (1)  Clause 2 (1) (a) of the Act is amended by striking out “Minister of Finance” and substituting “Minister”.

   (2)  Subsection 2 (3) of the Act is amended by striking out “Minister of Finance” in the portion before clause (a) and substituting “Minister”.

   3.  (1)  Subsection 5 (1) of the Act is amended by striking out “Minister of Finance” and substituting “Minister”.

   (2)  Subsection 5 (3) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister”.

   (3)  Subsection 5 (7) of the Act is amended by striking out “Treasurer of Ontario” at the end and substituting “Minister”.

   (4)  Subsection 5 (8) of the Act is amended by striking out “Treasurer of Ontario” wherever it appears and substituting in each case “Minister”.

   4.  Section 6 of the Act is repealed and the following substituted:

Purchase and validation of debentures

   6.  (1)  The Minister may purchase, acquire and hold debentures issued under the authority of this Act.

Existing municipal debentures

   (2)  If, before the day section 4 of Schedule 42 to the Building Ontario Up Act (Budget Measures), 2015 comes into force, a municipal debenture was purchased or acquired in respect of a loan made by the municipality under section 3 and if the loan has not been repaid in full before that day, then, on and after that day,

  (a)  the municipal debenture is deemed to have been purchased or acquired by the Minister under subsection (1); and

  (b)  the Minister shall hold the municipal debenture until the loan in respect of which it was issued is repaid in full.

   5.  Subsection 9 (2) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister”.

   6.  Subsection 10 (1) of the Act is amended by striking out “Treasurer of Ontario” in the portion before clause (a) and substituting “Minister”.

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

Loans in territory without municipal organization

   (1)  The Minister may, by order, establish the manner in which drainage works shall be initiated and carried out in territory without municipal organization, the manner in which loans may be made by the Province to persons for the purpose of carrying out such drainage works and the terms and conditions of the loans.

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

Publication of order

   (3)  The Minister shall publish every order made under subsection (1) on a website maintained by the Government of Ontario and in any other manner that the Minister thinks appropriate.

Non-application of the Legislation Act, 2006, Part III

   (4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1).

Existing order of the Lieutenant Governor in Council

   (5)  The “Northern Ontario Tile Drainage Loan Program” established by order of the Lieutenant Governor in Council on December 3, 1975, including any amendments to the program that may have been adopted by order of the Lieutenant Governor in Council before the day subsection 7 (1) of Schedule 42 to the Building Ontario Up Act (Budget Measures), 2015 comes into force, is deemed, on and after that day, to have been established and amended by orders made by the Minister under subsection (1) and the program shall continue in effect until it is revoked by an order of the Minister made under subsection (1).

   8.  Section 13 of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister”.

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

Expenditures

   16.  The money required for the purposes of this Act shall be paid out of the money appropriated for that purpose by the Legislature.

Commencement

   10.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 43
tobacco tax act

   1.  Paragraph 3 of subsection 20 (3) of the Tobacco Tax Act is amended by striking out “the day section 8 of Schedule 40 to the Budget Measures and Interim Appropriation Act, 2007 receives Royal Assent” and substituting “May 17, 2007”.

   2.  Section 23 of the Act is amended by adding the following subsection:

Offence

   (6.1)  Every person who contravenes subsection (6) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000.

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

Transport of raw leaf tobacco

   23.0.3  (1)  A person authorized by the Minister under subsection 23 (1) may stop and detain any vehicle and examine its contents, including any cargo, manifests, records, accounts, vouchers, papers or things, if the person has reasonable grounds to believe,

  (a)  the vehicle is being used to transport raw leaf tobacco; and

  (b)  that stopping and detaining the vehicle and examining its contents would assist in determining whether the raw leaf tobacco is being transported in compliance with subsections 2.3 (9), (10) and (11).

Seizure, etc., of raw leaf tobacco

   (2)  If, on an inspection under subsection (1), the person authorized by the Minister has reasonable and probable grounds to believe that raw leaf tobacco is not being transported in compliance with subsections 2.3 (9), (10) and (11), the person may, subject to subsection (3), seize, impound, hold and dispose of the raw leaf tobacco.

Application to court

   (3)  Raw leaf tobacco seized under subsection (2) is forfeited to the Crown to be disposed of as the Minister directs unless, within 30 days following the seizure, the person from whom the tobacco was seized, or the owner of the tobacco, applies to the Superior Court of Justice to establish the right to possession of the tobacco.

Right to possession of raw leaf tobacco

   (4)  For the purposes of an application under subsection (3), the applicant has a right to possession of the raw leaf tobacco if, at the time the seizure was made,

  (a)  the person from whom the tobacco was seized was an interjurisdictional transporter registered under subsection 6 (1) and had in his, her or its possession the documents described in subsection 6 (5.1);

  (b)  the person from whom the tobacco was seized held a registration certificate under section 2.2 or 7 and had in his, her or its possession the documents described in subsection 2.3 (11); or

   (c)  the person from whom the tobacco was seized was transporting the raw leaf tobacco on behalf of another person who held a registration certificate under section 2.2 or 7 and had in his, her or its possession the documents described in subsection 2.3 (11).

Disposal of tobacco

   (5)  Subsections 23.1 (4), (5), (6) and (7) apply, with necessary modifications, with respect to the disposal of the seized raw leaf tobacco.

Definition

   (6)  For the purposes of this section,

“vehicle” means a motor vehicle and includes anything attached to the motor vehicle.

   4.  Section 24.0.1 of the Act is repealed and the following substituted:

Exemptions from Act for investigation purposes, etc.

   24.0.1  (1)  For the purpose of investigations and enforcement activities under this Act or under an Act of the Parliament of Canada, the Minister may exempt any person from the application of any provision of this Act or the regulations when the person is carrying out his or her duties under this Act or under an Act of the Parliament of Canada.

Same

   (2)  The Minister may impose conditions and restrictions with respect to an exemption.

   5.  (1)  Section 32 of the Act is amended by adding the following subsection:

Exception, consent given

   (4.2)  Despite anything in this Act, the Minister may permit information or a copy of any record or thing obtained by or on behalf of the Minister for the purposes of this Act to be disclosed if the person to whom the information, record or thing relates consents to the disclosure.

   (2)  Clause 32 (7) (a) of the Act is repealed and the following substituted:

  (a)  the entity administers or enforces a law, by-law or order relating to or regulating,

           (i)  the manufacture, distribution, export, import, storage, sale or advertisement for sale of tobacco, or

          (ii)  the production, processing, export, import, storage or sale of raw leaf tobacco;

Commencement

   6.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

schedule 44
trillium trust act, 2014

   1.  Section 1 of the Trillium Trust Act, 2014 is amended by adding the following subsection:

Exclusion re: Hydro One Inc.

   (2)  Hydro One Inc. and its subsidiaries are deemed not to be public entities for the purposes of this Act on and after the date on which section 1 of Schedule 44 to the Building Ontario Up Act (Budget Measures), 2015 comes into force.

Commencement

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

 

schedule 45
The university of toronto act, 1971

   1.  Subsection 2 (4) of The University of Toronto Act, 1971 is repealed.

Commencement

   2.  This Schedule comes into force on the day the Building Ontario Up Act (Budget Measures), 2015 receives Royal Assent.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 91 and does not form part of the law.  Bill 91 has been enacted as Chapter 20 of the Statutes of Ontario, 2015.

 

The Bill implements measures contained in the 2015 Ontario Budget and enacts or amends various Acts.  The major elements of the Bill are described below.

SCHEDULE 1
alcohol and gaming regulation and public protection act, 1996

Subsection 14.1 (1) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 currently permits the board of the Alcohol and Gaming Commission to establish a schedule of monetary penalties for specific contraventions of Acts and regulations administered by the Commission that are prescribed by the regulations. The subsection is re-enacted to permit the schedule to also impose monetary penalties with respect to contravention of an authorization, direction or approval issued or imposed by the Registrar under a power or duty under the Liquor Control Act that is assigned to the Registrar by the regulations made under Part 1 of the Act, and any conditions applicable to the authorization, direction or approval.

Currently, the definition of “beer manufacturer” in subsection 17 (1) of the Act includes a person that makes beer in a province other than Ontario if that person ships beer to a facility in Ontario at which the person or a wholly-owned subsidiary makes beer. The definition is amended to include shipments to a facility in Ontario where beer is made by a person that wholly owns the out-of-province brewer.

The Act is amended by moving the definition of “collector” from section 32 to subsection 17 (1).

The definition of “non-refillable container” in subsection 17 (1) of the Act is amended to exclude beer bottles that are recognized as an industry standard bottle by the Brewers Association of Canada and for which a manufacturer has entered into an agreement with the Association for the use of the bottle.

Subsection 17 (2) of the Act currently deems persons to be purchasers of beer, wine or wine coolers in specified circumstances. A new subsection 17 (2.1) provides that, for greater certainty, persons who are deemed to be purchasers under subsection 17 (2) are also deemed to have purchased beer, wine or wine coolers, as the case may be, for the purposes of Part II of the Act.

A new clause 17 (3) (g) of the Act provides that purchases made by the federal government of beer, wine or wine coolers are not subject to taxation under the Act if the product will be warehoused in Ontario before it is exported for use by Canadian diplomatic or consular offices abroad.

Subsection 22 (3) of the Act currently sets out conditions that must be met in order for a beer manufacturer to be considered a microbrewer for a sales year. The subsection is amended to provide that the relevant time for each of the conditions to be met is the preceding production year. An exception is also added to paragraph 3 of that subsection.

New subsection 22 (3.1) of the Act provides that a beer manufacturer will not be disqualified from being a microbrewer only because certain final packaging processes are undertaken on its behalf by another manufacturer that is not a microbrewer.

Subsection 22 (5) of the Act, which is spent, is repealed.

Amendments are made to section 26 with respect to the method of calculating the annual adjustment to the basic tax rates for beer. The Act currently provides that the annual adjustment of the basic tax rates for beer is based on the Consumer Price Index for Ontario over the previous three years. New subsection 26 (1.1) provides for an increase of 3 cents per litre on November 1 in each of 2015, 2016, 2017 and 2018, in addition to the annual adjustment. Consequential amendments are made to subsection 22 (1).

SCHEDULE 2
Assessment Act

Currently, subsection 53 (1) of the Assessment Act prohibits the disclosure of income and expense information on individual properties. The prohibition is expanded to include any proprietary information of a commercial nature prescribed by the Minister relating to an individual property.

Subsection 53 (3) of the Act currently requires the assessment corporation to give all municipalities and school boards information sufficient to meet their planning requirements.  The subsection is re-enacted to require the assessment corporation to also give information to every board of a local roads area established under the Local Roads Boards Act and every local services board established under the Northern Services Boards Act. A consequential amendment is made to subsection 53 (4).

Schedule 3
auditor general act

A new section 13 of the Act relates to Hydro One Inc. and its subsidiaries. It specifies that Hydro One Inc. and its subsidiaries are deemed not to be agencies of the Crown or Crown controlled corporations for the purposes of the Act. Provision is made for transitional matters. For six months after the Bill receives Royal Assent, the Auditor General may continue to exercise his or her powers with respect to certain matters relating to Hydro One Inc. and its subsidiaries.

Under new subsections 13 (2), (3) and (4), Hydro One Inc. and its auditors have a continuing duty to give the Auditor General information and access to documents and records for a specified purpose relating to the Public Accounts. However, they are not required to give information and access to documents and records that relate to a period for which Hydro One Inc. has not yet disclosed to the public its audited or unaudited financial statements.

Schedule 4
Broader Public Sector Accountability Act, 2010

Amendments to the Broader Public Sector Accountability Act, 2010 relate to Hydro One Inc. and its subsidiaries.

An amendment to section 3 of the Act provides that Hydro One Inc. and its subsidiaries cannot be prescribed to be designated broader public sector organizations or publicly funded organizations for the purposes of the Act.

Section 4 of the Act prohibits certain organizations from engaging a lobbyist if the compensation for the lobbyist’s services is paid from certain sources of funds. Amendments to section 4 discontinue the application of this section to Hydro One Inc. and its subsidiaries.

Section 7.5 of the Act governs the expiry of the restraint period for the restraint measures imposed under Part II.1 (Compensation Arrangements) of the Act. An amendment to section 7.5 specifies that the restraint measures for Hydro One Inc. and its subsidiaries, and for their designated executives and designated office holders, expire on the day the Bill receives Royal Assent.

Section 7.13 of the Act restricts a designated employer’s authority to alter the title of a position or office or carry out any other restructuring that would result in a restraint measure not applying before the expiry of the restraint period. An amendment to section 7.13 provides that this section does not apply with respect to Hydro One Inc. and its subsidiaries as of the date on which the Bill was introduced.

Section 7.19 of the Act authorizes the Management Board of Cabinet to issue directives to designated employers requiring them to conduct compensation studies for specified purposes. An amendment to section 7.19 provides that this section does not apply with respect to Hydro One Inc. and its subsidiaries.

Schedule 5
Broader Public Sector executive compensation act, 2014

An amendment to subsection 3 (2) of the Broader Public Sector Executive Compensation Act, 2014 provides that the Act does not apply to the Ontario Retirement Pension Plan Administration Corporation and its subsidiaries. Amendments to subsections 3 (1) and (2) of the Act discontinue the application of the Act to Hydro One Inc. and its subsidiaries.

schedule 6
commodity futures act

Subsection 14 (1) of the Commodity Futures Act is re-enacted to include a requirement that market participants keep such books, records and other documents as may reasonably be required to demonstrate compliance with Ontario commodity futures law.

schedule 7
co-operative corporations act

Technical amendments are made to two provisions of the Co-operative Corporations Act to update a reference to the Credit Unions and Caisses Populaires Act, 1994.

Section 187 of the Act is repealed and replaced. The new section 187 allows the Minister to make regulations governing fees under the Act.

schedule 8
credit unions and caisses populaires act, 1994

References in the Credit Unions and Caisses Populaires Act, 1994 to the Handbook of the Canadian Institute of Chartered Accountants are updated to refer to the Handbook of the Chartered Professional Accountants of Canada.

Section 321.6 of the Act is repealed and replaced. The new section 321.6 allows the Minister to make regulations governing fees under the Act.

schedule 9
electricity act, 1998

Amendments to the Electricity Act, 1998 relate to Hydro One Inc. and its subsidiaries.

Section 1 of the Act, which sets out the purposes of the Act is amended. New clauses (g.1) and (g.2) are added, and provide that the purposes of the Act include facilitating the alteration of ownership structures of publicly-owned corporations that transmit, distribute or retail electricity, facilitating the disposition, in whole or in part, of the Crown’s interest in corporations that transmit distribute or retail electricity, and making the proceeds of any such disposition available to be appropriated for any Government of Ontario purpose.

Currently, subsections 48.1 (2) and (3) of the Act impose restrictions on Hydro One Inc. relating to its ownership and operation of transmission systems and distribution systems and relating to the transmission and distribution of electricity. Those subsections are re-enacted. Restrictions are imposed with respect to the location of the head office of Hydro One Inc., and of the centres of control and operation of the transmission systems and distribution systems that are regulated by the Ontario Energy Board. Restrictions are also imposed with respect to the divestment of business, property or assets related to those transmission systems and distribution systems. Hydro One Inc. and its subsidiaries are not permitted to apply for continuance under the laws of a jurisdiction other than Ontario.

Section 48.2 of the Act is re-enacted. The section governs restrictions on the ownership of voting securities of Hydro One Inc. by the Crown and by persons other than the Crown. It also governs restrictions on the sale of voting securities by the Crown.

Provisions are enacted to deal with situations where all of the voting securities of Hydro One Inc. are transferred to a holding company.

A new section 48.3 of the Act requires the board of directors of Hydro One Inc. to appoint an ombudsman for the corporation and its subsidiaries.

Section 50.3 of the Act is re-enacted. Currently, section 50.3 governs the payments to be made to the Financial Corporation if proceeds are payable to Her Majesty in right of Ontario in respect of the disposition of any securities or debt obligations of, or interest in, Hydro One Inc. and other specified entities and arrangements. As re-enacted, the provision authorizes the Minister of Finance to make the payments to the Financial Corporation out of the Consolidated Revenue Fund in cash, by set off, through the issuance of securities or debt obligations or in another form as determined by the Minister. The Minister’s authority to make these payments includes the authority to grant a remission of a debt owed to the Crown by the Financial Corporation.

Section 50.4 of the Act, which requires Hydro One Inc. to submit an annual report to the Minister and requires the tabling of the report in the Assembly, is repealed.

Consequential amendments are made to subsection 49 (1) and section 53 of the Act.

schedule 10
financial accountability officer Act, 2013

Amendments to the Financial Accountability Officer Act, 2013 relate to Hydro One Inc. and its subsidiaries. A new section 16.1 of the Act specifies that Hydro One Inc. and its subsidiaries are deemed not to be public entities for the purposes of the Act. Provision is made for transitional matters. For six months after the Bill receives Royal Assent, the Financial Accountability Officer may continue to exercise his or her powers under the Act with respect to research relating to Hydro One Inc. and its subsidiaries undertaken before the Bill receives Royal Assent.

SCHEDule 11
financial administration Act

An amendment to section 1 of the Financial Administration Act specifies that the Ontario Retirement Pension Plan Administration Corporation and its subsidiaries, if any, are deemed not to be public entities for the purposes of the Act. An amendment to section 1 of the Act also provides that Hydro One Inc. and its subsidiaries are deemed not to be public entities for the purposes of the Act after a specified date.

Currently, under subsection 1.0.4 (4) of the Act, the staff required for the operation and administration of the Treasury Board are provided to the Board by the Treasury Board Office of the Ministry of Finance. The re-enacted subsection specifies instead that employees necessary for the proper conduct of the Board’s business are to be appointed under Part III of the Public Service of Ontario Act, 2006.

An amendment to section 1.0.10 of the Act provides that regulations cannot be made in respect of the accounting policies and practices of Hydro One Inc. or any of its subsidiaries.

Sections 1.0.16 (Delegation of powers) and 1.0.17 (Protection from personal liability) are re-enacted to replace references to the Minister of Finance, the Deputy Minister of Finance and the Ministry of Finance with references to a minister to whom responsibility for the administration of the Act or a part of the Act has been assigned or transferred, his or her deputy minister and his or her ministry, respectively.

Subsections 1.0.25 (1) and (2) of the Act govern the provision of information to the Minister of Finance by certain types of entities. A new subsection 1.0.25 (5) specifies that those subsections apply with respect to Hydro One Inc. for the sole purpose of the preparation of the consolidated financial statements of the Province set out in the Public Accounts and quarterly consolidated financial statements of the Province. A new subsection 1.0.25 (6) specifies that Hydro One Inc. and the administrator of any pension plan sponsored by it are not required to provide information to the Minister that relates to a period for which Hydro One Inc. has not yet disclosed to the public its audited or unaudited financial statements.

Technical amendments are made to section 1.0.26 of the Act.

Current section 10.1 of the Act addresses the collection, use and disclosure of information to which the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act applies. An amendment to subsection 10.1 (2) permits an institution to disclose information in relation to collection services provided to ministries and public bodies under section 11.1 of the Ministry of Revenue Act.

Section 11.8 of the Act, as re-enacted in this Schedule, deals with environmental remediation liabilities incurred by a ministry or specified public entity before April 1, 2015, in cases where the remediation is required to comply with environmental standards legislation of Ontario or of the Government of Canada. Subsection 11.8 (2) creates an appropriation with respect to those liabilities. Certain restrictions apply. (See subsections 11.8 (1) and (3) of the Act.)

Two spent provisions of the Act are repealed: subsection 11.7 (3) and section 11.8.

Technical amendments are made to subsection 16.0.1 (2) of the Act.

Section 26 of the Act, which governs the calculation of a borrowing limit, is amended. The amendments relate to money borrowed and securities issued and sold by the Province in a foreign currency. The amendments change the date as of which the foreign currency amount is converted to a Canadian dollar equivalent for the purpose of calculating the amount of borrowing authority used.

Currently, subsection 28 (1) of the Act prevents a ministry or public entity from entering into certain transactions that would increase the indebtedness or contingent liabilities of Ontario unless the Minister has given written approval or the transaction belongs to a class that has been approved by the Minister. The subsection is re-enacted to provide that such a transaction must be approved by the Minister under new subsection 28 (1.1), must belong to a class that has been approved by the Minister under new subsection 28 (1.2), must be exempted by the Minister under new subsection 28 (1.3) or must belong to a class of transactions that the Minister has exempted by regulation under new subsection 28 (1.4). Other technical amendments are made to subsections 28 (2) and (3).

schedule 12
financial services commission of ontario act, 1997

Subsection 27 (1) of the Financial Services Commission of Ontario Act, 1997 is repealed and replaced. The new subsection 27 (1) allows the Minister to make regulations governing fees under the Act.

schedule 13
freedom of information and protection of privacy act

A new section 65.3 of the Freedom of Information and Protection of Privacy Act governs the non-application of the Act to certain corporations. It provides that the Act does not apply to the Ontario Retirement Pension Plan Administration Corporation and its subsidiaries. Subsections 65.3 (2) to (8) of the Act relate to Hydro One Inc. and its subsidiaries. Subsection 65.3 (2) specifies that the Act does not apply to Hydro One Inc. and its subsidiaries. Provision is made for transitional matters. For six months after the Bill receives Royal Assent, the Information and Privacy Commissioner may continue to exercise certain of his or her powers relating to Hydro One Inc. and its subsidiaries with respect to matters that occurred and records that were created before the Bill receives Royal Assent. Orders may be made with respect to those matters for a further six months.

schedule 14
government advertising act, 2004

The Schedule amends the Government Advertising Act, 2004 in the following ways:

Section 1.1 is added to the Act to confirm its scope respecting the ability of a government office to communicate with the public in specified ways.

Section 2 of the Act is amended to add as advertisements to which the Act may apply digital advertisements displayed in a prescribed form or manner, advertisements displayed as public transit advertisements and advertisements broadcast in cinemas.

Sections 2, 3 and 4 of the Act are amended to create a new requirement for items to receive preliminary review by the Auditor General before receiving final review. In a related amendment, a new clause 12 (a.3) sets out an authority to exempt items from preliminary review by regulation.

Section 8 of the Act (Submission of revised version) is repealed and replaced in part by a new section 4.1, which creates a requirement to provide items to the Auditor General for final review. In addition, subsection 4.1 (3) provides that certain previously reviewed items may be revised and submitted to the Auditor General for final review without first having to be resubmitted for preliminary review.

Section 6 of the Act is re-enacted to provide for an updated list of standards that an item must meet on review.

Various provisions are amended to provide that the Auditor General’s determination of whether an item meets the standards is not a subjective one.

Section 7 of the Act is re-enacted to provide for timelines for the Auditor General’s notification of the results of preliminary reviews as well as final reviews.

Section 8 of the Act is re-enacted and consolidates the prohibitions set out in the Act, as well as adding new ones. The prohibitions contained in sections 2, 3 and 4 of the Act respecting the use of a reviewable item before review by the Auditor General has been completed, or if the item does not meet the standards, are retained in subsections 8 (1) and (2) respectively. In addition, subsection 8 (3) creates a new restriction on the use of items during a general election, subject to exceptions set out in subsection 8 (4).

Finally, amendments are made to the definitions in subsection 1 (1) of the Act, and to the regulation-making authority in section 12 of the Act, to reflect the changes made to the Act by the Schedule.

schedule 15
health insurance act

The Health Insurance Act is amended to repeal the Minister of Health and Long-Term Care’s duty to establish practitioner review committees. Amendments are made throughout the Act to repeal the powers and duties of those committees and to repeal other obsolete provisions. Consequential amendments are made to several other Acts.

schedule 16
highway 407 east act, 2012

The Schedule amends the Highway 407 East Act, 2012 as follows:

It authorizes the Minister of Transportation, or any person or entity with whom the Minister enters into an agreement, to negotiate and accept settlements in satisfaction of any unpaid tolls, fees and interest or to determine that any unpaid tolls, fees or interest are either uncollectable or that their collection is not warranted because of financial hardship, economic considerations or other circumstances.

If the debt is the subject of a settlement or determination respecting collectability, the Minister of Finance may recommend that it is in the public interest for the debt to be deleted from the Government’s accounts. However, a debt that is the subject of a determination respecting collectability remains a debt to the Crown and the Minister of Finance may offset it from any money that is payable by the Crown to the person who owes the debt.

The Act is amended to authorize the Minister of Transportation to assign to the Auditor General his or her audit rights under an agreement.

schedule 17
insurance act

The Schedule amends the Insurance Act as follows:

Section 121.1 of the Act is repealed and replaced. The new section 121.1 allows the Minister to make regulations governing fees under the Act.

Section 267.5 of the Act is amended so that certain amounts under that section are adjusted annually.

Two technical amendments are also made to the Act. Subsection 143 (2) of the Act is repealed and the reference in subsection 275 (4) of the Act to the Arbitrations Act is updated to refer to the Arbitration Act, 1991.

schedule 18
interim appropriation for 2015-2016 act, 2015

The Schedule enacts the Interim Appropriation for 2015-2016 Act, 2015 which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2016 up to specified maximum amounts. All expenditures made or recognized under the Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2016.

schedule 19
Investment Management Corporation of Ontario Act, 2015

The Schedule enacts the Investment Management Corporation of Ontario Act, 2015. Here are some highlights of the Act:

Section 2 establishes the Investment Management Corporation of Ontario.

Section 3 provides that the Corporation’s objects are to provide investment management services and investment advisory services to the Corporation’s members.

Section 9 provides that the Corporation’s members are specified persons or entities who are responsible for investing the assets of a pension plan or other investment fund and who have entered into an investment management agreement with the Corporation for the investment of assets.

Section 12 provides for the Corporation’s board of directors. Sections 13 to 20 deal with various matters relating to directors and officers.

Section 21 provides rules about the making, amending and repealing of by-laws.

Section 22 requires the board of directors to appoint one or more persons to audit the Corporation’s financial statements. Section 23 requires the board of directors to submit annual reports to the Minister. Section 24 requires the Corporation to make its records available for inspection, upon the Minister’s request.

Sections 25 and 26 provide for the making of regulations.

Sections 27 and 28 include amendments to the Act arising from the new Not-for-Profit Corporations Act, 2010.

SCHEDULE 20
LIQUOR CONTROL ACT

The Liquor Control Act is amended to provide that the Liquor Control Board of Ontario has the power to authorize persons to operate government stores for the sale of liquor to the public. The Lieutenant Governor in Council is given the power to make regulations governing the prices at which the various classes, varieties and brands of liquor are to be sold by the Board to operators of government stores or classes of government stores.

The Board’s purposes and powers with respect to the pricing of liquor, and the Lieutenant Governor in Council’s regulation-making powers with respect to the pricing of liquor, are amended.

New Part III of the Act relates to Brewers Retail Inc. The Part provides for agreements involving the Crown, a Crown agent, Brewers Retail Inc. and its shareholders in respect of governance matters and matters relating to the sale of beer in Ontario. The Part specifies that the Board is deemed to have been directed, and Brewers Retail Inc. is deemed to have been authorized, to enter into a framework defined in section 9. The Part also provides for the termination of certain agreements.

Schedule 21
loan and trust corporations act

Subsection 223.1 (2) of the Loan and Trust Corporations Act is repealed. Section 224 is enacted to allow the Minister of Finance to make regulations governing fees under the Act.

schedule 22
lobbyists registration act, 1998

Amendments to the Lobbyists Registration Act, 1998 relate to Hydro One Inc. and its subsidiaries.

The definition of “public office holder” in subsection 1 (1) of the Act is amended.  Under the amendment, the officers, directors and employees of Hydro One Inc. and its subsidiaries cease to be public office holders for the purposes of the Act.

Subsection 4 (4) of the Act, which governs the contents of the return to be filed by consultant lobbyists, is amended. Currently, an unproclaimed paragraph of this subsection provides that a consultant lobbyist’s return must indicate whether he or she was at any time a chief executive officer or chair of the board of directors of Hydro One Inc. or a subsidiary. The amendment discontinues that requirement.

A corresponding amendment is made to subsection 5 (3) of the Act, as re-enacted in 2014. This unproclaimed subsection governs the contents of the return to be filed by in-house lobbyists. The amendment discontinues the requirement that the return indicate whether the in-house lobbyist was at any time a chief executive officer or chair of the board of directors of Hydro One Inc. or a subsidiary.

A corresponding amendment is made to subsection 6 (3) of the Act, as amended in 2014. This subsection governs the contents of the return to be filed by an organization that employs an in-house lobbyist. The amendment discontinues the requirement that the return include the name of each in-house lobbyist who was at any time a chief executive officer or chair of the board of directors of Hydro One Inc. or a subsidiary.

schedule 23
management board of cabinet act

The amendment to the Management Board of Cabinet Act relates to Hydro One Inc. and its subsidiaries. Section 1 of the Act is amended to provide that Hydro One Inc. and its subsidiaries are deemed not to be included in the public service for the purposes of the Act.

schedule 24
marine insurance act

The Marine Insurance Act is repealed.

schedule 25
ministry of revenue act

The Ministry of Revenue Act is amended as follows:

To permit the payment of grants to entities that assist with the administration of Ontario tax statutes.

To provide that a provincial offences officer designated under the Provincial Offences Act by the Minister of Finance is a peace officer for the purposes of enforcing statutes that impose a tax payable to the Crown or the Minister of Finance.

schedule 26
ministry of training, colleges and universities act

The Ontario Student Loan Trust is a trust created under section 8.0.1 of the Ministry of Training, Colleges and Universities Act, and the Ontario Financing Authority is the trustee of the Trust.

The Schedule adds a section to the Act relating to the dissolution of the Trust and the transfer to the Minister of all rights, property, assets, debts, liabilities and obligations of the Trust and of the Authority in relation to the Trust.

Schedule 27
mortgage brokerages, lenders and administrators act, 2006

Section 53 of the Mortgage Brokerages, Lenders and Administrators Act, 2006 is repealed and replaced. The new section 53 allows the Minister of Finance to make regulations governing fees under the Act.

schedule 28
municipal freedom of information and protection of privacy act

Amendments to the Municipal Freedom of Information and Protection of Privacy Act relate to Hydro One Inc. and its subsidiaries. A new section 52.1 of the Act specifies that the Act does not apply to Hydro One Inc. and its subsidiaries. Provision is made for transitional matters. For six months after the Bill receives Royal Assent, the Information and Privacy Commissioner may continue to exercise certain of his or her powers relating to Hydro One Inc. and its subsidiaries with respect to matters that occurred and records that were created before the Bill receives Royal Assent. Orders may be made with respect to those matters for a further six months.

schedule 29
municipal property assessment Corporation act, 1997

Currently, subsection 3 (4) of the Municipal Property Assessment Corporation Act, 1997 provides that the term of office of a director of the Corporation is three years and that a director may only hold office for two terms. Subsection 3 (4) is re-enacted to provide that a director holds office at pleasure for a term not exceeding three years and may be reappointed for a second term not exceeding three years.

Subsection 3 (5), which currently authorizes the Minister to appoint a director if there is a vacancy on the board, is repealed.

schedule 30
ombudsman act

Amendments to the Ombudsman Act relate to Hydro One Inc. and its subsidiaries. New subsections 13 (5) to (7) of the Act specify that Hydro One Inc. and its subsidiaries are deemed not to be governmental entities for the purposes of the Act. Provision is made for transitional matters. For six months after the Bill receives Royal Assent, the Ombudsman may continue to exercise his or her powers under the Act with respect to matters occurring before the date of Royal Assent. One exception is specified: the Ombudsman is not permitted to commence a new investigation of Hydro One Inc. and its subsidiaries with respect to any matter, regardless of whether the matter occurred before, on or after the date of Royal Assent. After the six-month period expires, the Ombudsman’s authority under section 21 (Procedure after investigation) of the Act  continues with respect to investigations commenced before the date of Royal Assent.

schedule 31
ontario energy board act, 1998

The Ontario Energy Board is authorized to provide rate assistance to certain consumers having regard to their economic circumstances. This rate assistance may be referred to as the “Ontario Electricity Support Program”.

Distributors, unit sub-meter providers and certain other persons and entities are entitled to be compensated for lost revenue resulting from the reduction of rates and the making of rate-assistance payments. Consumers are required to contribute towards the compensation.

Various administrative matters and regulation-making powers are provided for.

schedule 32
ontario loan act, 2015

The Ontario Loan Act, 2015 is enacted. Subsection 1 (1) of the Act authorizes the Crown to borrow a maximum of $14.7 billion.

schedule 33
ontario retirement pension plan administration corporation act, 2015

The Schedule enacts the Ontario Retirement Pension Plan Administration Corporation Act, 2015. Here are some highlights:

Part I – Interpretation

Section 1 sets out various definitions that apply to the Act. Included in section 1 is a definition of the “Ontario Retirement Pension Plan” as the Ontario Retirement Pension Plan that is required to be established under section 1 of the Ontario Retirement Pension Plan Act, 2015. Also included is a definition of “pension fund” as the fund maintained to provide benefits under or related to the pension plan.

Part II – Corporate Matters

Part II of the Act establishes the Ontario Retirement Pension Plan Administration Corporation.

Section 3 provides for the Corporation’s objects which includes the administration of the pension plan, including making the pension plan operational, and administering and investing the pension fund as trustee.

Sections 6 and 7 provide for the board of directors and the establishment of a nominating committee. Sections 8 to 12 deal with various matters relating to directors and officers and the initial board.

Section 13 specifies the standard of care and other standards that apply to the Corporation, its employees and agents and other persons employed by the Corporation.

Section 14 requires the Corporation to maintain financial records and section 15 requires the board to appoint a licensed public accountant to conduct audits.

Sections 16 and 17 set out the requirements for annual reports and annual meetings.

Sections 18 to 21 deal with various miscellaneous matters.

Part III Rules Respecting Information

Part III of the Act relates to the Corporation’s powers and duties with respect to information.

Section 23 permits the Corporation to request and collect information, including personal information, that is necessary for the purpose of carrying out the Corporation’s objects. Section 24 makes it an offence to fail to comply with a request from the Corporation or to knowingly give false information.

Sections 25 to 32 relate to the collection, use and disclosure of personal information, including the procedures by which an individual may request access to his or her own personal information in the Corporation’s custody or under its control.

Part IV Other Matters

Not public money:  Section 34 provides that any money collected or received by the Corporation and its subsidiaries in carrying out their objects is not public money within the meaning of the Financial Administration Act.

Cost recovery by the Corporation:  Section 35 provides that reasonable fees and expenses relating to the administration of the pension plan and the administration and investment of the pension fund are payable out of the pension fund. This includes reimbursement for fees and expenses incurred before the pension plan is established.

Loans, etc., to the Corporation:  Section 36 permits the Lieutenant Governor in Council to authorize the Minister of Finance to purchase securities of, or make loans to, the Corporation.

Crown immunity:  Section 37 provides that the Crown is not liable for any obligations or liabilities incurred by the Corporation or any subsidiary under an agreement, security or other instrument. The section also provides that no cause of action arises against the Crown and certain other persons for any act or omission by the Corporation or its subsidiaries relating to the administration of the pension plan, the administration and investment of the pension fund, or other affairs of the Corporation or a subsidiary.

Format, etc., of information:  Section 38 authorizes the Corporation to require persons to provide information to the Corporation in an electronic form or another format specified by the Corporation, and to accept information from the Corporation in such a form or format, without the persons’ consent. The section also authorizes the Corporation to provide information in an electronic form or in another format despite this Act or any other Act.

Regulations:  Section 39 permits the Lieutenant Governor in Council to make regulations, including prescribing provisions of the Business Corporations Act that apply to the Corporation and prescribing limits to the Corporation’s powers and conditions on the exercise of its powers.

Review of the Act:  Section 40 requires the Minister to initiate a review of the Act and the regulations, or portions of them, within 10 years.

Part V Amendments to this Act

Amendment to the Act:  Section 41 amends subsection 5 (3) to provide that the Not-for-Profit Corporations Act, 2010 will not apply to the Corporation, except as provided in the regulations, when that Act comes into force.

schedule 34
pension benefits act

The currently unproclaimed section 39.1 of the Pension Benefits Act, which governs payments of pensions and pension benefits by pension plans that provide defined contribution benefits, is repealed. The section is re-enacted to provide rules concerning the payment of variable benefits and the transfer of assets into and out of a retired member’s variable benefit account. Complementary amendments are also made throughout the Act.

Currently, section 80.1 of the Act provides for certain pension plans to enter into agreements allowing eligible individuals to consolidate their pension benefits in their successor pension plan in specified circumstances in connection with the past sale of a business. Currently, section 80.1 is to be repealed on July 1, 2016. The Schedule extends the operation of section 80.1 until July 1, 2017.

Section 113.1 of the Act is repealed and replaced. The new section 113.1 allows the Minister to make regulations governing fees under the Act.

schedule 35
personal property security act

Sections 51 and 54 of the Personal Property Security Act are amended to remove the five year limit on the registration period with respect to collateral that is or includes consumer goods. Those sections apply to the registration of a financing statement and to a notice of security interest registered in the proper land registry office, and to the renewal or extension of a registration.

schedule 36
poverty reduction act, 2009

Amendments to the Poverty Reduction Act, 2009 authorize the Minister responsible for the administration of the Act to make grants for the purposes of the poverty reduction strategy and for other poverty reduction measures.

schedule 37
public sector expenses review act, 2009

Section 11 of the Public Sector Expenses Review Act, 2009 is re-enacted. (The current provision is spent.) The re-enacted section governs the non-application of the Act to certain corporations.  It provides that the Ontario Retirement Pension Plan Administration Corporation and its subsidiaries are deemed not to be public entities for the purposes of the Act. Subsections 11 (2) to (4) of the Act relate to Hydro One Inc. and its subsidiaries. Subsection 11 (2) provides that Hydro One Inc. and its subsidiaries are deemed not to be public entities for the purposes of the Act. Provision is made for transitional matters. For six months after the date on which the Bill receives Royal Assent, the Integrity Commissioner may continue to exercise all of his or her powers in relation to Hydro One Inc. with respect to expense claims made before April 1, 2015.

schedule 38
public sector salary disclosure act, 1996

A new section 2.1 of the Public Sector Salary Disclosure Act, 1996 provides that the Act does not apply to the Ontario Retirement Pension Plan Administration Corporation and its subsidiaries.

Section 3 of the Act governs the disclosure of information about the salary and benefits paid during a calendar year to employees of the employers to whom the Act applies. An amendment to section 3 provides that it does not apply to Hydro One Inc. and its subsidiaries with respect to salary and benefits paid after December 31, 2014.

schedule 39
securities act

Subsection 19 (1) of the Securities Act is re-enacted to include a requirement that market participants keep such books, records and other documents as may reasonably be required to demonstrate compliance with Ontario securities law.

Sections 76 and 134 are amended to extend the application of the insider trading provisions from reporting issuers to issuers.

Section 127 is amended to allow cease trade orders to be made without giving the person or company that is subject to the order an opportunity to be heard if the person or company fails to file a record as required under the Act.

A reference to the Securities Act in the Schedule to the Limitations Act, 2002 is corrected.

schedule 40
taxation act, 2007

Amendments are made to the Taxation Act, 2007 to address changes made to the Federal Income Tax Act, including changes in respect of the taxation of trusts.

Sections 36 and 37 of the Act are amended to eliminate the Crown royalties tax and the resource tax credit effective April 23, 2015. The tax and credit are calculated on a pro-rated basis for taxation years that include April 23, 2015.

Section 89 of the Act is amended to reduce the apprenticeship training tax credit rate and the maximum annual credit per apprentice. The tax credit is available for salaries and wages paid during the first 36 months of an apprenticeship program.

Section 90 of the Act is amended to reduce the Ontario computer animation and special effects tax credit. The definition of eligible production is also amended.

Section 92 of the Act is amended so that a qualifying corporation’s eligible credit for the purposes of determining its Ontario production services tax credit for a taxation year is 21.5 per cent of the portion of qualifying production expenditures incurred after April 23, 2015. The section is also amended to include new rules respecting qualifying production expenditure limits and the inflation of claims.

Section 94 of the Act is amended to limit the Ontario sound recording tax credit with respect to qualifying expenditures incurred on or after April 24, 2015.

Technical amendments are made in respect of non-refundable tax credits for part year residents and to the capital gains refunds for mutual fund trusts provisions in section 105 of the Act.

New sections 121.1 and 144.1 of the Act introduce new penalty and offence provisions relating to the use, possession, sale and development of electronic suppression of sales devices that are designed to falsify records for the purpose of tax evasion.

schedule 41
taxpayer protection act, 1999

Currently, subsection 2 (4) of the Taxpayer Protection Act, 1999 specifies that the Minister of Finance shall not make a regulation under the Provincial Land Tax Act, 2006 that increases the average tax rate under that Act, unless a referendum authorizes the increase. New subsection 2 (4.1) of the Act creates an exception for any regulation made under that Act that increases the average tax rate if the regulation is made on or after the day the Schedule comes into force and before January 1, 2017.

schedule 42
tile drainage act

The Schedule amends the Tile Drainage Act to give the Minister of Agriculture, Food and Rural Affairs the authority to purchase municipal debentures in order to finance loans provided by the municipalities to the owners of agricultural lands for the construction of drainage works. Currently the authority to purchase municipal debentures rests with the Minister of Finance.

The Schedule requires that money be appropriated by the Legislature to pay for the purchase of the debentures rather than provide for the appropriation in the Act, as is currently the case.

The Schedule gives the Minister of Agriculture, Food and Rural Affairs the power to establish by order the manner in which drainage works are to be carried out in territory without municipal organization and the manner in which loans may be made for purposes of carrying out those drainage works. Currently, these matters are to be established by a regulation made by the Minister, subject to the approval of the Lieutenant Governor in Council.

References in the Act to the Minister of Finance and the Treasurer of Ontario are removed and replaced by references to the Minister of Agriculture, Food and Rural Affairs.

schedule 43
tobacco tax act

The Schedule amends the Tobacco Tax Act.

A technical amendment is made to subsection 20 (3) of the Act.

New subsection 23 (6.1) of the Act makes it an offence to interfere with a person carrying out an inspection under section 23.

New section 23.0.3 of the Act provides that an authorized person may stop and detain a vehicle, and examine its contents, in specified circumstances if there are reasonable and probable grounds for believing that the vehicle is being used to transport raw leaf tobacco and that stopping and detaining the vehicle and examining its contents would assist in determining if the transporting is being carried out in compliance with the Act.

Under new section 24.0.1 of the Act, the Minister may exempt a person from the application of a provision of the Act or a regulation for the purpose of investigations and enforcement activities, when the person is carrying out his or her duties under the Act or under a federal Act.

Under new subsection 32 (4.2) of the Act, if the Minister obtains information or a record or thing for the purposes of the Act, the Minister may permit the information or a copy of the record or thing to be disclosed with the consent of the person to whom the information, record or thing relates.

A technical amendment is made to clause 32 (7) (a) of the Act. The clause is re-enacted to add a reference to the enforcement of a law, by-law or order relating to or regulating the production, processing, export, import, storage or sale of raw leaf tobacco.

schedule 44
trillium trust act, 2014

The amendment to the Trillium Trust Act, 2014 relates to Hydro One Inc. and its subsidiaries.  Section 1 of the Act is amended to provide that Hydro One Inc. and its subsidiaries are deemed not to be public entities for the purposes of the Act.

schedule 45
the university of toronto act, 1971

Currently, subsection 2 (4) of The University of Toronto Act, 1971 provides that no person shall serve as a member of the Governing Council of the University unless he or she is a Canadian citizen. The Schedule repeals that subsection.

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