Bill 144, Budget Measures Act, 2015

Sousa, Hon Charles Minister of Finance

Current Status: Royal Assent received Chapter Number: S.O. 2015 C.38

Viewing: Royal Assent (current version) pdf

Bill 144                                                       2015

An Act to implement Budget measures and to enact or amend certain other statutes

CONTENTS

1.

Contents of this Act

2.

Commencement

3.

Short title

Schedule 1

Assessment Act

Schedule 2

City of Toronto Act, 2006

Schedule 3

Electricity Act, 1998

Schedule 4

Escheats Act, 2015

Schedule 5

Financial Administration Act

Schedule 6

Fiscal Transparency and Accountability Act, 2004

Schedule 7

Forfeited Corporate Property Act, 2015

Schedule 8

Government Advertising Act, 2004

Schedule 9

Horse Racing Licence Act, 2015

Schedule 10

Income Tax Act

Schedule 11

Interim Appropriation for 2016-2017 Act, 2015

Schedule 12

Labour Relations Act, 1995

Schedule 13

Licence Appeal Tribunal Act, 1999

Schedule 14

Liquor Control Act

Schedule 15

Municipal Act, 2001

Schedule 16

Ontario Lottery and Gaming Corporation Act, 1999

Schedule 17

Pension Benefits Act

Schedule 18

Securities Act

Schedule 19

Supplementary Interim Appropriation for 2015-2016 Act, 2015

Schedule 20

Taxation Act, 2007

Schedule 21

Tobacco Tax Act

Schedule 22

Trillium Trust Act, 2014

Schedule 23

Workplace Safety and Insurance Act, 1997

______________

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 Budget Measures Act, 2015.

SCHEDULE 1
Assessment Act

   1.  (1)  Clause 2 (2) (a) of the Assessment Act is amended by striking out “paragraph 21 of subsection 14 (1)” and substituting “paragraph 9 of subsection 14 (1)”.

   (2)  Subsection 2 (5) of the Act is amended,

  (a)  by striking out “subparagraph 24 ii” in the portion before clause (a) and substituting “subparagraph 24 iii”; and

  (b)  by striking out “designated airport authority” wherever it appears and substituting in each case “authority that operates an airport”.

   (3)  Subsection 2 (6) of the Act is amended by striking out “designated airport authorities” and substituting “authorities”.

   2.  (1)  Paragraph 6.1 of subsection 3 (1) of the Act is amended by adding “and that satisfies such other requirements as may be prescribed by the Minister” after “that receives provincial aid under the Ministry of Community and Social Services Act”.

   (2)  Paragraph 24 of subsection 3 (1) of the Act is repealed and the following substituted:

  24.  Land that isowned or leased by an authority that operates an airport, subject to the following:

            i.  The authority must be,

                  A.  a designated airport authority within the meaning of the Airport Transfer (Miscellaneous Matters) Act (Canada) and that is designated by the Minister for the purposes of this paragraph, or

                  B.  an authority that is prescribed by the Minister for the purposes of this paragraph in respect of a particular airport.

           ii.  In the case of an authority referred to in subsubparagraph i B, this paragraph applies only to land used in connection with the operation of an airport.

          iii.  The authority must make payments in lieu of taxes to the municipality in which the land is located at the times and in the amounts determined in accordance with the regulations.

          iv.  The authority must provide any relevant information requested by the Minister, the municipality or the assessment corporation as soon as is practicable.

           v.  The exemption does not apply to any portion of the land leased by a tenant to whom section 18 applies, other than the authority.

          vi.  If the authority fails to comply with the requirements specified in subparagraph iii, the authority shall pay the taxes for municipal and school purposes that would be payable for the taxation year if the property was taxable and the tax roll for the municipality shall be amended accordingly.

This paragraph applies to the 2013 and subsequent taxation years.

   3.  (1)  Subsections 39.1 (1) to (3) of the Act are repealed and the following substituted:

Reconsideration of assessment

   (1)  The owner of a property or a person who has received or would be entitled to receive a notice of assessment under this Act may request the assessment corporation to reconsider the following matters:

    1.  Any matter that could form the basis of an appeal under subsection 40 (1).

    2.  Any matter that could form the basis of an application under section 46.

Deadline to request reconsideration

   (1.1)  A request for reconsideration under subsection (1) must be made no later than March 31 of the taxation year in respect of which the request is made.

Exception, general reassessment

   (1.2)  Despite subsection (1.1), for any year that is the first taxation year to which a general reassessment applies, a request for reconsideration in respect of the taxation year must be made no later than 120 days after the issuance date printed on the notice of assessment.

Exception, if time for returning roll is extended

   (2)  Despite subsection (1.1), if the assessment corporation extends the time for returning the assessment roll for a taxation year after 2016 and the taxation year is not the first year to which a general reassessment applies, the last day for making a request for reconsideration in respect of the taxation year is 120 days after the return of the assessment roll.

Same, 2016 taxation year

   (2.1)  Despite subsection (1.1), if the assessment corporation extends the time for returning the assessment roll for the 2016 taxation year, the last day for making a request for reconsideration in respect of the taxation year is  90 days after the return of the assessment roll, or March 31 of the taxation year, whichever is later.

Omitted or supplementary assessment

   (3)  Despite subsections (1.1), (1.2) and (2), for 2017 and subsequent taxation years, a person who has received a notice of assessment under subsection 35 (1) may request the assessment corporation to reconsider the assessment no later than 120 days after the issuance date printed on the notice of assessment.

Same, 2015 and 2016 taxation years

   (3.1)  Despite subsections (1.1) and (2.1), for the 2015 and 2016 taxation years, a person who has received a notice of assessment under subsection 35 (1) may request the assessment corporation to reconsider the assessment no later than 90 days after the mailing date of the notice of assessment or March 31 of the taxation year, whichever is later.

   (2)  Subsections 39.1 (7) and (8) of the Act are repealed and the following substituted:

Notice of reconsideration

   (7)  For 2017 and subsequent taxation years, the assessment corporation shall mail to the person making a request under subsection (1) the results of its reconsideration no later than 180 days after the request is made.  However, if the assessment corporation notifies the person within 180 days of the request being made that the assessment corporation requires an extension, the assessment corporation shall mail the results of its reconsideration no later than 240 days after the request is made.

Same, 2015 and 2016 taxation years

   (7.1)  For the 2015 and 2016 taxation years, the assessment corporation shall mail to the person making a request under subsection (1) the results of its reconsideration no later than September 30 of the taxation year or, if the assessment corporation and the person agree to an extension, no later than November 30 of the taxation year.

Same, omitted or supplementary assessment

   (8)  The assessment corporation shall mail to the person making a request under subsection (3) or (3.1) the results of its reconsideration no later than 180 days after the request is made.

   (3)  Subsection 39.1 (13) of the Act is repealed.

   4.  (1)  Subsection 40 (2) of the Act is amended by striking out “last day for appealing under subsection (5), (6), (7) or (8), as the case may be” and substituting “applicable deadline under this section”.

   (2)  Subsection 40 (3) of the Act is amended by striking out “For 2009 and subsequent taxation years” at the beginning.

   (3)  Section 40 of the Act is amended by adding the following subsection:

Same

   (3.1)  For 2017 and subsequent taxation years, if a person has made a request for reconsideration in respect of a property under section 39.1 within the time required under section 39.1, whether or not the person is required to do so as a precondition of appeal under subsection (3), no appeal may be brought to the Assessment Review Board under subsection (1) unless either of the following circumstances exist:

    1.  The person has received a notice of reconsideration under subsection 39.1 (7) or (8).

    2.  The person has not received a notice of reconsideration under subsection 39.1 (7) or (8) and the deadline by which it should have been mailed under the applicable subsection has passed.

   (4)  Subsections 40 (5) to (8) of the Act are repealed and the following substituted:

Last day for appealing, if request made under s. 39.1

   (5)  For 2017 and subsequent taxation years, if a person has made a request for reconsideration in respect of a property under section 39.1, whether or not the person is required to do so as a precondition of appeal under subsection (3), the last day for the person to appeal for a taxation year is as follows:

    1.  If the assessment corporation has mailed a notice of reconsideration required under subsection 39.1 (7) or (8), 90 days after the issuance date printed on the notice mailed by the assessment corporation.

    2.  If the assessment corporation has not mailed a notice of reconsideration within the time required under subsection 39.1 (7) or (8), 90 days after the notice should have been mailed by the corporation under those subsections.

Last day for appealing, 2015 and 2016 taxation years

   (5.1)  For the 2015 and 2016 taxation years, if a person has made a request for reconsideration in respect of a property under section 39.1, whether or not the person is required to do so as a precondition of appeal under subsection (3), the last day for the person to appeal for a taxation year is 90 days after the notice by the assessment corporation under subsection 39.1 (7.1) or (8) has been mailed.

Last day for appealing, if precondition under subs. (3) does not apply

   (6)  If a person has not made a request for reconsideration in respect of a property under section 39.1 and is not required to do so as a precondition of appeal under subsection (3), the last day for the person to appeal for a taxation year is March 31 of the taxation year.

Exception, if time for returning roll is extended

   (7)  Despite subsection (6), if the assessment corporation extends the time for returning the assessment roll for a taxation year after 2016, the last day for appealing in respect of a property for a person who has not made a request for reconsideration in respect of the property under section 39.1 and is not required to do so as a precondition of appeal under subsection (3) is 120 days after the return of the assessment roll.

Same, 2016 taxation year

   (7.1)  Despite subsection (6), if the assessment corporation extends the time for returning the assessment roll for the 2016 taxation year, the last day for appealing in respect of a property for a person who has not made a request for reconsideration in respect of the property under section 39.1 and is not required to do so as a precondition of appeal under subsection (3) is 90 days after the return of the assessment roll or March 31 of the taxation year, whichever is later.

Omitted or supplementary assessment

   (8)  If a notice of assessment has been mailed under subsection 35 (1) for a property, the last day for appealing for a taxation year after 2016 for a person who has not made a request for reconsideration in respect of the property under section 39.1 and is not required to do so as a precondition of appeal under subsection (3) is 120 days after the issuance date printed on the notice.

Same, 2015 and 2016 taxation years

   (8.1)  If a notice of assessment has been mailed under subsection 35 (1) for a property, the last day for appealing for the 2015 or 2016 taxation year for a person who has not made a request for reconsideration in respect of the property under section 39.1 and is not required to do so as a precondition of appeal under subsection (3) is 90 days after the notice is mailed or March 31 of the taxation year, whichever is later.

Commencement

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

Same

   (2)  Subsection 2 (1) comes into force on January 1, 2016.

SCHEDULE 2
city of toronto Act, 2006

   1.  Subsection 289 (8) of the City of Toronto Act, 2006 is repealed and the following substituted:

Regulations, exemptions

   (8)  The Minister of Finance may by regulation exempt property, including a portion of a property, from the application of this Part or may by regulation provide that property, including a portion of a property, in the City is exempt from the application of this Part if the City passes a by-law to have the property or the portion exempt.

Same

   (9)  The Minister of Finance may by regulation provide that this Part does not apply in the City or may by regulation provide that this Part does not apply in the City if the City passes a by-law to have this Part not apply.

Same

   (10)  A regulation under subsection (8) or (9) may provide that property is exempt or that this Part does not apply, or that the City may pass a by-law to have property exempt or to have this Part not apply, only if prescribed circumstances exist.

   2.  (1)  Subparagraph 1 i of subsection 292 (1) of the Act is amended by striking out “10 per cent or a percentage specified in the by-law” at the beginning and substituting “10 per cent or such other percentage as may be prescribed, or a percentage specified in the by-law”.

   (2)  Sub-subparagraph 2 i A of subsection 292 (1) of the Act is repealed and the following substituted:

                  A.  the amount of the taxes for municipal and school purposes that would have been levied in respect of the property for the previous year but for the application of this Part, subject to such adjustments as may be prescribed, multiplied by 5 per cent or such other percentage as may be prescribed, or a percentage specified in the by-law for the purposes of this subparagraph that is less than 5 per cent or than such other percentage as may be prescribed,

   (3)  Subparagraph 3 i of subsection 292 (1) of the Act is amended by striking out “$250” at the beginning and substituting “$250 or such other amount as may be prescribed”.

   (4)  Subparagraph 4 i of subsection 292 (1) of the Act is amended by striking out “$250” at the beginning and substituting “$250 or such other amount as may be prescribed”.

   (5)  Paragraph 5 of subsection 292 (1) of the Act is repealed.

   3.  Section 302 of the Act is amended by adding the following subsections:

Regulations re: maximum taxes and tenant’s cap

   (1.1)  The Minister of Finance may make regulations that provide for the determination of amounts to be added under paragraph 2 of subsection 291 (1) that are different from the amount set out under that paragraph, and for increases to the amount calculated under paragraph 1 of subsection 295 (5) that are different from the increase provided for in paragraph 2 of that subsection.

Same

   (1.2)  A regulation under subsection (1.1) may,

  (a)  provide for different amounts for a property for different years;

  (b)  set out the circumstances in which the regulation prevails over paragraph 2 of subsection 291 (1), paragraph 2 of subsection 295 (5) or over an option adopted in a by-law passed under section 292; or

   (c)  provide that the regulation does not apply in the City unless the City passes a by-law to have it apply.

Commencement

   4.  This Schedule comes into force on the day the Budget Measures Act, 2015 receives Royal Assent.

SCHEDULE 3
electricity act, 1998

   1.  (1)  The heading immediately before section 85 of the Electricity Act, 1998 is amended by striking out “The Residual Stranded Debt and”.

   (2)  The definitions of “residual stranded debt” and “stranded debt” in subsection 85 (1) of the Act are repealed.

   (3)  Subsections 85 (2) and (3) of the Act are repealed.

   (4)  Subsection 85 (4) of the Act is amended by striking out “the amount of electricity consumed in Ontario” and substituting “the amount of electricity consumed in Ontario before April 1, 2018”.

   (5)  Subsections 85 (6), (7) and (8) of the Act are repealed.

   2.  Clauses 86 (1) (c) and (d) of the Act are repealed.

   3.  The definition of “municipal electricity utility” in section 88 of the Act is amended by adding the following clause:

(e.1) any corporation or other entity that is exempt under paragraph 149 (1) (c), (d), (d.1), (d.2), (d.3), (d.4), (d.5) or (d.6) of the Income Tax Act (Canada) from the payment of tax under that Act, and that generates, transmits, distributes or retails electricity in Ontario, other than,

           (i)  a band as defined in the Indian Act (Canada),

          (ii)  a corporation or other entity that is exempt under paragraph 149 (1) (d.5) of the Income Tax Act (Canada) from the payment of tax under that Act because not less than 90 per cent of the capital of the corporation or entity is owned by a band as defined in the Indian Act (Canada), or

         (iii)  a corporation that is exempt under paragraph 149 (1) (d.6) of the Income Tax Act (Canada) from the payment of tax under that Act because all of its shares or capital are owned by a corporation or entity described in subclause (ii).

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

Payment to Financial Corporation

   91.2  (1)  In each fiscal year of the Province, the Minister of Finance shall pay to the Financial Corporation from the Consolidated Revenue Fund an amount equal to the amount of tax payable under the Taxation Act, 2007 by Hydro One Inc. or a subsidiary of Hydro One Inc. for the taxation year that ends in the fiscal year.

Exception

   (2)  Subsection (1) does not apply in respect of tax payable by a prescribed subsidiary of Hydro One Inc. for a prescribed taxation year.

Application of s. 50.2.1

   (3)  Section 50.2.1 does not apply to this section.

Regulations

   (4)  The Minister of Finance may make regulations,

  (a)  prescribing subsidiaries of Hydro One Inc. for the purposes of subsection (2);

  (b)  prescribing taxation years for the purposes of subsection (2).

Repeal

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

   5.  (1)  Subsection 92 (3) of the Act is amended by striking  out “by Hydro One Inc., a subsidiary of Hydro One Inc., Ontario Power Generation Inc. or a subsidiary of Ontario Power Generation Inc.” in the portion before clause (a).

   (2)  Subsection 92 (4) of the Act is repealed.

Commencement

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

Same

   (2)  Section 3 is deemed to have come into force on November 18, 2015.

SCHEDULE 4
escheats act, 2015

CONTENTS

 1.

Interpretation and application

 2.

Possession, proceedings re property

 3.

Grant, waiver or release

 4.

Return of property

 5.

Moral claim, property of deceased individual

 6.

Legal claim, property of deceased individual

 7.

Charitable property

 8.

Transfer, assignment or discharge of land

 9.

No merger, Crown’s interests

10.

Obligations and immunities

11.

Public Guardian and Trustee’s decisions final

12.

No entitlement to notice

13.

Interests purported to be created

14.

Application, clearing title etc.

15.

Administration of property by Public Guardian and Trustee

16.

Amounts due to the Crown

17.

Order against former officers and directors

18.

Annual report to Minister

19.

Information regarding grants, etc.

20.

Personal information

21.

Notice requiring provision of information

22.

Records

23.

Use and disclosure of information

24

Legislation Act, 2006

25.

Regulations

Complementary Amendments and Repeal

26.

Civil Remedies Act, 2001

27.

Crown Administration of Estates Act

28.

Crown Attorneys Act

29.

Prohibiting Profiting from Recounting Crimes Act, 2002

30.

Succession Law Reform Act

31.

Repeal of Escheats Act

Commencement and Short Title

32.

Commencement

33.

Short title

______________

Interpretation and application

Definitions

   1.  (1)  In this Act,

“charitable corporation” means a corporation that is incorporated for charitable purposes; (“organisation caritative”)

“charitable property” means,

  (a)  any property held by a charitable corporation, and

  (b)  any property held for charitable purposes by a corporation that is not a charitable corporation; (version anglaise seulement)

“charitable purposes” means,

  (a)  the relief of poverty,

  (b)  education,

   (c)  the advancement of religion, and

  (d)  any other purpose that is beneficial to the community; (“fins de bienfaisance”)

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

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

“prior owner”, when used in reference to property, means the person who owned or was otherwise seised of or entitled to the property immediately before the property became property of which the Public Guardian and Trustee may take possession under section 2; (“ancien propriétaire”)

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

Prior owner

   (2)  For greater certainty, the prior owner of property is,

  (a)  in the circumstances described in paragraph 1 of subsection 2 (1), the deceased individual; and

  (b)  in the circumstances described in paragraph 2 of subsection 2 (1), the dissolved corporation.

Property

   (3)  In this Act, a reference to property includes,

  (a)  any right to or interest in the property; and

  (b)  proceeds of disposition of the property.

Property of which possession may be taken

   (4)  A reference in this Act to property of which the Public Guardian and Trustee may take possession under section 2 or under a paragraph of subsection 2 (1) includes property meeting the description set out in section 2 or the applicable paragraph of subsection 2 (1), as the case may be, that met the description before the day this Act comes into force.

Property of which possession has been taken

   (5)  A reference in this Act to property of which the Public Guardian and Trustee has taken possession under section 2 or under a paragraph of subsection 2 (1) includes property meeting the description set out in section 2 or the applicable paragraph of subsection 2 (1), as the case may be, of which the Public Guardian and Trustee took possession before the day this Act comes into force, whether or not the property was paid into the Consolidated Revenue Fund before the day this Act comes into force.

Possession, proceedings re property

   2.  (1)  Subject to subsection (2), the Public Guardian and Trustee may, without an inquisition first being made, take possession in the name of the Crown of any property if, in the opinion of the Public Guardian and Trustee, one of the following circumstances applies:

    1.  The property has become the property of the Crown because an individual died,

            i.  either intestate or partially intestate, if there are no lawful heirs, or

           ii.  testate, if some or all of the heirs, bequests or devises in the will have failed and there are no lawful heirs.

    2.  The property has become the property of the Crown as a result of the dissolution of a corporation.

    3.  Neither the circumstances described in paragraph 1 nor 2 apply and the property has become the property of the Crown by escheat or as bona vacantia.

    4.  The circumstances described in paragraph 2 do not apply and the property has become the property of the Crown because it forfeited to the Crown for any cause.

Exceptions

   (2)  Subsection (1) does not apply in respect of the following property:

    1.  Forfeited property, if another Act specifically excludes the operation of this Act with respect to the property.

    2.  Forfeited corporate property within the meaning of the Forfeited Corporate Property Act, 2015.

    3.  Unclaimed deposits held by the Minister of Finance under section 182 of the Credit Unions and Caisses Populaires Act, 1994.

    4.  Mining lands as defined in the Mining Act.

    5.  Mining rights, as defined in the Mining Act, that are severed or held separate and apart from surface rights as defined in the Mining Act.

    6.  Property subject to subsection 53 (1) of the Mining Act.

Proceedings for recovery, declaration

   (3)  If possession of property described in subsection (1) is withheld, the Public Guardian and Trustee may, without an inquisition first being made, cause a proceeding to be brought for the recovery of the property or for a declaration as to ownership of or any interest in the property.

Practice

   (4)  Proceedings under subsection (3) shall be in all respects similar to those in other proceedings for the recovery of property or for a declaration as to ownership of or an interest in property.

Grant, waiver or release

Application

   3.  (1)  This section applies to property of which the Public Guardian and Trustee may take possession under paragraph 2, 3 or 4 of subsection 2 (1), whether or not he or she has actually done so.

Power to grant etc.

   (2)  Unless property to which this section applies has been paid into the Consolidated Revenue Fund, the Public Guardian and Trustee may, as he or she considers to be proper,

  (a)  grant all or part of the property to any person for the purpose of transferring or restoring it to a person having a legal or moral claim upon the person to whom it belonged, or of carrying into effect any disposition of it that such person may have contemplated; or

  (b)  waive or release any right to which the Crown has become entitled so as to vest the property, either absolutely or otherwise, in the person who would have been entitled to it but for the property becoming property to which this section applies.

Same

   (3)  The grant, waiver or release may be either for valuable consideration or otherwise and may be upon such terms and conditions as the Public Guardian and Trustee considers to be proper.

Consent of Minister of Finance

   (4)  No grant, waiver or release shall be made under this section unless the petitioner has obtained the consent of the Minister of Finance.

Limitation period, forfeited property

   (5)  Subject to subsection (6), no petition for a grant, waiver or release under this section shall be made after the 10th anniversary of,

  (a)  the day this Act comes into force, if the property becomes property to which this section applies before the day this Act comes into force; or

  (b)  the day on which the property becomes property to which this section applies, in any other case.

Extension

   (6)  Unless the property has been paid into the Consolidated Revenue Fund, the Public Guardian and Trustee may extend the applicable period set out in subsection (5) if the petitioner satisfies the Public Guardian and Trustee that there were compelling reasons not to make the petition earlier.

Right to follow property

   (7)  A grant, waiver or release of property under this section does not prejudice the right of a creditor or claimant to follow the property into the hands of the person who has received it.

Rights of grantee

   (8)  A grant under this section may be made without actual entry or taking possession of the property or inquisition being first made, and, if possession of the property is withheld, the person to whom the grant is made may institute proceedings for the recovery of the property in a court of competent jurisdiction.

Return of property

Application

   4.  (1)  This section applies to property of which the Public Guardian and Trustee has taken possession under paragraph 2 of subsection 2 (1).

Return

   (2)  Unless property to which this section applies has been paid into the Consolidated Revenue Fund, the Public Guardian and Trustee may, upon the application of a prior owner that has been revived, transfer the property to the prior owner under this section.

Exception

   (3)  Subsection (2) does not apply if the statute that provides for the prior owner’s revival provides for the property to remain forfeited to and vested in the Crown.

Same

   (4)  Subsections 3 (3), (4), (5), (6) and (7) apply, with necessary modifications, in respect of a return of property under this section.

Moral claim, property of deceased individual

Application

   5.  (1)  This section applies to property of which the Public Guardian and Trustee may take possession under paragraph 1 of subsection 2 (1), whether or not he or she has actually done so.

Same

   (2)  For greater certainty, property to which this section applies includes property that the Public Guardian and Trustee has administered under the Crown Administration of Estates Act.

Grant

   (3)  The Lieutenant Governor in Council may by order, as it considers to be proper and subject to any terms and conditions that it considers to be proper, grant all or part of property to which this section applies to any person for the purpose of transferring or restoring it to a person having a moral claim upon the person to whom it belonged or of carrying into effect any disposition of it that such person may have contemplated.

Recovery from Consolidated Revenue Fund

   (4)  If the Lieutenant Governor in Council makes a grant under this section and the property to be granted is money that has previously been paid into the Consolidated Revenue Fund, the money may be paid out of the Consolidated Revenue Fund to the Public Guardian and Trustee to be dealt with in accordance with the order.

Right to follow property

   (5)  A grant under this section does not prejudice the right of a creditor or claimant to follow the property into the hands of the person who has received it.

Legal claim, property of deceased individual

Application

   6.  (1)  This section applies to property of which the Public Guardian and Trustee has taken possession under paragraph 1 of subsection 2 (1).

Entitlement

   (2)  A person establishing a legal claim to property to which this section applies, to the satisfaction of the Public Guardian and Trustee, is entitled to receive it under this section.

Interest

   (3)  Interest as determined under the Public Guardian and Trustee Act is payable only with respect to any period during which property to which this section applies was money administered by the Public Guardian and Trustee, until the earlier of the following dates:

    1.  10 years after the death of the prior owner.

    2.  The day the money is paid into the Consolidated Revenue Fund.

Recovery from the Consolidated Revenue Fund

   (4)  If a person has established a legal claim to property under this section to the satisfaction of the Public Guardian and Trustee and the property is money that has previously been paid into the Consolidated Revenue Fund, the money may be paid out of the Consolidated Revenue Fund to the Public Guardian and Trustee to be dealt with in accordance with this section.

Right to follow property

   (5)  A transfer or assignment by the Public Guardian and Trustee under this section to a person establishing a legal claim does not prejudice the right of a creditor or claimant to follow the property into the hands of the person who has received it.

Charitable property

Application

   7.  (1)  This section applies to charitable property of which the Public Guardian and Trustee may take possession under paragraph 2 of subsection 2 (1), whether or not he or she has actually done so.

Transfer or assignment

   (2)  The Public Guardian and Trustee may transfer or assign all or part of charitable property to which this section applies to a charity that he or she considers to be proper.

Doctrine of cy pres

   (3)  In determining which charity the Public Guardian and Trustee considers to be proper for the purposes of subsection (2), he or she shall apply the doctrine of cy pres.

Revival of dissolved corporation

   (4)  If the prior owner of charitable property to which this section applies is revived and the property is not restored to it under the statute that provides for the revival, the Public Guardian and Trustee may transfer or assign all or part of the charitable property to the prior owner.

Terms and conditions

   (5)  The Public Guardian and Trustee may make a transfer or assignment under this section subject to any terms and conditions, as he or she considers to be proper.

Proceeds

   (6)  After transferring, assigning or discharging charitable property to which this section applies for valuable consideration under this Act, the Public Guardian and Trustee may transfer the proceeds under subsection (2) or (4).

Recovery from Consolidated Revenue Fund

   (7)  If the Public Guardian and Trustee pays property that is money into the Consolidated Revenue Fund and he or she later determines that it was charitable property to which this section applies, the Lieutenant Governor in Council may by order authorize the Public Guardian and Trustee to transfer an amount up to the amount that was paid into the Consolidated Revenue Fund to a charity or to a prior owner to be used for charitable purposes.

Same

   (8)  If the Lieutenant Governor in Council has made an order under subsection (7), the money may be paid out of the Consolidated Revenue Fund to the Public Guardian and Trustee to be dealt with in accordance with the order.

Transfer, assignment or discharge of land

   8.  (1)  Despite any other Act or law, the Public Guardian and Trustee may transfer, assign or discharge, at such price and on such terms as he or she considers to be proper, all or part of any land of which he or she has taken possession under section 2.

Transfer, assignment, discharge or disposal of personal property

   (2)  Despite any other Act or law, the Public Guardian and Trustee may transfer, assign or discharge, at such price and on such terms as he or she considers to be proper, or may otherwise dispose of in any manner as he or she considers to be proper, all or part of any personal property of which he or she has taken possession under section 2.

No merger, Crown’s interests

   9.  (1)  If property was subject to liens, rights or other interests in favour of the Crown before it became property of which the Public Guardian and Trustee may take possession under section 2, the liens, rights or other interests do not merge when the property becomes property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so.

Debts not passing to Crown

   (2)  A prior owner’s liabilities and obligations do not become the Crown’s liabilities and obligations when the property becomes property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so.

Obligations and immunities

No obligation

   10.  (1)  The Public Guardian and Trustee is not required to secure, maintain or manage property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so, or to take any other action in relation to the property.

Immunities

   (2)  No action or other proceeding shall be commenced and no order shall be made against the Crown, the Minister, the Deputy Minister, the Public Guardian and Trustee, any servant or agent of the Crown or any other official of or employee of the Crown,

  (a)  in respect of property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so; or

  (b)  for any of the following:

           (i)  Any act, neglect, default or omission of a tenant or other person who is using, occupying or trespassing on property mentioned in clause (a) that occurs on or otherwise affects the property.

          (ii)  Any act, neglect, default or omission of any prior owner of property mentioned in clause (a).

         (iii)  Any act, neglect, default or omission of a person who holds any interest in property described in clause (a) that,

                 (A)  relates to enforcement of the interest, or

                 (B)  occurs on or otherwise affects the property.

         (iv)  Any act, neglect, default or omission of a director, officer, employee, agent, independent contractor, invitee, shareholder or member of a person mentioned in subclause (i), (ii) or (iii).

Conflict

   (3)  Subsections (1) and (2) apply despite any other Act or regulation.

Same

   (4)  No action or other proceeding shall be commenced and no order shall be made against the Minister, the Deputy Minister, the Public Guardian and Trustee, any servant or agent of the Crown or any other official of or employee of the Crown for any of the following:

    1.  Any act done or performed in good faith in the performance or intended performance of any duty or function or in the exercise or intended exercise of any power or authority under this Act.

    2.  Any neglect, default or omission in the performance or exercise in good faith of any duty, function, power or authority under this Act.

Same

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

Saving

   (6)  For greater certainty, subsections (1), (2) and (4) do not,

  (a)  prevent the issuing of an order against the Crown in respect of the property if the order is authorized under another Act and the provisions of that Act authorizing the order bind the Crown; or

  (b)  impose any new obligations on the Crown in respect of the property.

Public Guardian and Trustee’s decisions final

   11.  A decision or order of the Public Guardian and Trustee under this Act is final and not subject to review for any reason, including for the reason that a person did not receive a notice under this Act.

No entitlement to notice

   12.  (1)  A person is not entitled to receive a notice under this Act if,

  (a)  the person expressly waives the entitlement to receive notice, either before or after the notice is given; or

  (b)  after a reasonable search, the Public Guardian and Trustee is unable to find the person’s address and the Public Guardian and Trustee is not otherwise aware of the address.

Same, corporation dissolved for more than 20 years

   (2)  If a prior owner that is a corporation has been dissolved for more than 20 years, the prior owner and its directors and officers are not entitled to receive a notice under this Act.

Interests purported to be created

Application

   13.  (1)  Subject to subsection (2), this section applies in respect of any interest, including an ownership interest, that is purported to be created in property after the property becomes property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so.

Exception

   (2)  This section does not apply in respect of an interest created by a person with legal authority to create the interest.

Same

   (3)  For greater certainty, the prior owner of property or any person purporting to act on the prior owner’s behalf does not have legal authority to create any interest in the property.

Cancellation

   (4)  The Public Guardian and Trustee may make orders under this section cancelling interests to which this section applies.

Same

   (5)  An order cancelling an interest may include any of the following:

    1.  If the interest is registered on title to real property, direction to delete specified documents from the title.

    2.  If the interest is in personal property and a registration was made in respect of the interest in the registration system established under the Personal Property Security Act, direction to amend the information recorded in the central file of the registration system in a specified manner.

    3.  In the prescribed circumstances, direction to amend or delete information recorded in any other prescribed public registry.

Interests not enforceable or valid

   (6)  An interest to which this section applies is not enforceable or valid, as against property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so and regardless of whether an order is made under this section.

Order relating to real property

   (7)  If the order relates to an interest registered on title to real property, the Public Guardian and Trustee shall register the order on title to the property, and the documents specified in the order shall be deleted from the title.

Order relating to personal property

   (8)  If the order relates to an interest in personal property and a registration was made in respect of it in the registration system established under the Personal Property Security Act, the Public Guardian and Trustee shall give a copy of the order to the registrar of personal property security, who shall amend the information recorded in the central file of the registration system, in accordance with the order, to indicate that the registration is discharged or partially discharged.

Public Guardian and Trustee to give copy, publish order

   (9)  Within 15 days after making an order under this section, the Public Guardian and Trustee shall give a copy of the order to any person who, in the opinion of the Public Guardian and Trustee, might be affected by the order and shall publish the order on a Government website or on another website available to the public.

Request for copy of order

   (10)  The Public Guardian and Trustee shall give a copy of the order to a person who requests a copy within 15 days after the later of the day the request is received and the day the order is made.

Application, clearing title etc.

   14.  The Public Guardian and Trustee may, at any time, apply to the Superior Court of Justice for an order clearing the title to any property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so, and to extinguish any other person’s claims and interests.

Administration of property by Public Guardian and Trustee

Property held in trust

   15.  (1)  Despite Part I of the Financial Administration Act, if the Public Guardian and Trustee holds property under this Act, he or she shall hold it in trust for the benefit of the Crown until it is paid into the Consolidated Revenue Fund or otherwise dealt with.

Investment

   (2)  The Public Guardian and Trustee shall invest all money administered under this Act in accordance with the Public Guardian and Trustee Act.

Payment into the Consolidated Revenue Fund

   (3)  If the Public Guardian and Trustee has taken possession of property under section 2, he or she may pay the property, if it is money, into the Consolidated Revenue Fund at any time, subject to the following rules:

    1.  If the prior owner was an individual, the property shall be paid no later than the last day of the fiscal year in which the 10th anniversary of the individual’s death occurs.

    2.  If the prior owner was a corporation, the property shall be paid no later than the last day of the fiscal year in which the 10th anniversary of the corporation’s dissolution occurs.

    3.  If neither paragraph 1 nor 2 applies, the property shall be paid no later than the last day of the fiscal year in which the 10th anniversary of the Public Guardian and Trustee taking possession of the property occurs.

Delayed payment

   (4)  Despite subsection (3), the Public Guardian and Trustee may continue to hold the property that is the subject of a claim that has been made under this Act for such longer period of time as is required to administer the claim, if the administration is ongoing at the time when the payment into the Consolidated Revenue Fund would otherwise be required under this section.

Taking possession after 10 years

   (5)  Despite subsection (3), if the Public Guardian and Trustee takes possession of property under this Act within six months before or at any time after the applicable 10-year period mentioned in subsection (3) and the property is money or is converted into money, the Public Guardian and Trustee shall make the payment into the Consolidated Revenue Fund as soon as practicable.

Exception, Treasury Board direction

   (6)  Subsections (3), (4) and (5) do not apply if Treasury Board directs the Public Guardian and Trustee otherwise.

Extinguishment of claims

   (7)  Subject to subsections 5 (4), 6 (4) and 7 (7), all interests in and claims to property are extinguished upon the payment into the Consolidated Revenue Fund, even if the payment was made into the Consolidated Revenue Fund before the day this Act comes into force.

Interest or income not payable

   (8)  Subject to subsection 6 (3), no interest or income is payable by the Crown or by the Public Guardian and Trustee to any person with respect to property of which the Public Guardian and Trustee has taken possession under section 2, both before and after the property is paid into the Consolidated Revenue Fund.

Not use for Crown purposes

   (9)  Neither the holding of property under this Act by the Public Guardian and Trustee in trust for the benefit of the Crown nor the earning of interest or income on property under this Act by the Public Guardian and Trustee constitutes use of property for Crown purposes within the meaning of subsection 5 (5.2) of the Proceedings Against the Crown Act.

Amounts due to the Crown

   16.  (1)  The Public Guardian and Trustee may determine the following amounts in connection with property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so, in accordance with the regulations, if any:

    1.  The amount of costs the Crown incurred, including,

            i.  costs incurred before the day this Act comes into force, and

           ii.  costs incurred in connection with the disposition of the property.

    2.  Reasonable amounts for time and resources expended by employees of the Crown.

    3.  Fees and expenses of the Public Guardian and Trustee referred to in subsections 8 (1), (1.1) and (1.2) of the Public Guardian and Trustee Act.

    4.  Amounts the Crown may be obligated to pay under an agreement.

Debt owing to Crown

   (2)  Amounts determined under subsection (1) are a debt due to the Crown and may be recovered, among other ways,

  (a)  out of all or any part of the property;

  (b)  from any other property of the prior owner of the property; or

   (c)  where the prior owner is a corporation, by obtaining an order under section 17 requiring a former officer or director of the prior owner to pay some or all of the amounts.

Same, priority

   (3)  If the Public Guardian and Trustee has taken possession of property under section 2 and amounts due to the Crown are determined under this section in connection with the property, those amounts have priority over every claim, privilege, encumbrance or other interest of every person in respect of the property.

Deduction of amounts

   (4)  Amounts mentioned in subsection (3) may be deducted by the Public Guardian and Trustee from any property of which the Public Guardian and Trustee has taken possession under section 2 that was owned by the prior owner or by a related dissolved corporation.

Order against former officers and directors

   17.  (1)  If the Public Guardian and Trustee may take possession of property under paragraph 2 of subsection 2 (1), whether or not he or she has actually done so, he or she may apply to the Superior Court of Justice for an order,

  (a)  determining the individuals who were the officers or directors of the prior owner; and

  (b)  requiring the individuals determined under clause (a) to pay some or all amounts determined under section 16.

Same

   (2)  For the purposes of an application under subsection (1), the Court shall determine the individuals who were the officers or directors in the two years before the dissolution of the prior owner.

Same

   (3)  If the Court determines that there were no individuals who were officers or directors in the two years before the dissolution of the prior owner, the Court may make the determination in respect of the most recent two years before the dissolution in which the Court determines there were individuals who were officers or directors.

Exception, corporation without share capital

   (4)  This section does not apply if the prior owner was a corporation without share capital that was carried on without the purpose of gain for its members.

Exception, prescribed criteria

   (5)  No individual who meets the prescribed criteria shall be determined to be an officer or director under this section.

Exception, prescribed amounts

   (6)  No application under this section shall be made in respect of amounts relating to prescribed matters.

Annual report to Minister

   18.  (1)  The Public Guardian and Trustee shall provide an annual report to the Minister in respect of all grants, waivers, releases, transfers and assignments of property made under subsections 3 (2), 7 (2) and (4).

Contents of report

   (2)  The report shall contain the following information:

    1.  The name of the prior owner of each property that was granted, waived, released, transferred or assigned in the preceding year.

    2.  The name of each person to whom property was granted, waived, released, transferred or assigned.

    3.  A description of each property that was granted, waived, released, transferred or assigned.

    4.  The date on which each property was granted, waived, released, transferred or assigned.

    5.  Any prescribed information.

Information regarding grants, etc.

   19.  The Public Guardian and Trustee shall provide the following information to any person who requests it if, as part of the request, the person identifies the prior owner of property that has been granted, waived, released, transferred or assigned by the Public Guardian and Trustee under subsection 3 (2), 4 (2), 7 (2) or (4):

    1.  The name of each person to whom the property was granted, waived, released, transferred or assigned.

    2.  A description of the property that was granted, waived, released, transferred or assigned.

    3.  The date on which the property was granted, waived, released, transferred or assigned.

    4.  Any prescribed information.

Personal information

   20.  (1)  The Public Guardian and Trustee is authorized to collect personal information under this Act for the following purposes:

    1.  Determining whether this Act applies to property.

    2.  Determining whether to take possession of property, conducting an investigation and valuing the property.

    3.  Administering property for the Crown.

    4.  Administering this Act, the Forfeited Corporate Property Act, 2015 or any other Ontario law governing corporate dissolution or property of which the Public Guardian and Trustee may take possession under section 2.

    5.  Administering the Crown Administration of Estates Act or carrying out a duty of the Public Guardian and Trustee under any other Act.

Direct or indirect collection

   (2)  The collection authorized by subsection (1) may be done,

  (a)  directly; or

  (b)  indirectly, if indirect collection is reasonably required in the circumstances.

General notice of collection

   (3)  If the Public Guardian and Trustee collects personal information indirectly, he or she shall give a general notice of collection in one or both of the following ways:

    1.  Posting the notice on the relevant property.

    2.  Publishing the notice on a Government website or on another website available to the public.

Contents

   (4)  A notice under subsection (3) shall contain,

  (a)  a description of the type of personal information that is collected;

  (b)  a statement of the principal purpose for which the personal information is intended to be used; and

   (c)  the title, business address and business telephone number of a public official who can answer questions about the collection.

Deemed compliance with Freedom of Information and Protection of Privacy Act, s. 39 (2)

   (5)  Giving a notice under subsection (3) is deemed to be compliance with subsection 39 (2) of the Freedom of Information and Protection of Privacy Act.

Notice requiring provision of information

   21.  (1)  The Public Guardian and Trustee may give a notice requiring any person or entity to provide information that is in the person’s or entity’s possession or control and, in the opinion of the Public Guardian and Trustee, may relate to property or the prior owner of property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so, including the following information:

    1.  Personal information, including contact information of a person or entity to whom the Public Guardian and Trustee intends to give a notice under this Act.

    2.  Information about property that is or that may be property of which the Public Guardian and Trustee may take possession under section 2, including records of a prior owner of the property and information about activities of any person or entity purporting to act in respect of the property.

    3.  Information about any interest held in property that existed before the property became property of which the Public Guardian and Trustee may take possession under section 2.

Oath or affirmation

   (2)  The notice may require that the information be provided on oath or affirmation.

Form, manner and timing

   (3)  The notice may,

  (a)  specify the form and manner in which the information shall be provided; and

  (b)  require that the information be provided before the date specified in the notice.

Requirement to comply

   (4)  A person or entity that receives a notice under this section shall comply with its terms, whether or not the Crown is registered on title as the owner of the relevant property or is otherwise understood by the person or entity to be in control of or to have authority over the property.

Failure to comply

   (5)  If a person or entity that receives a notice under this section fails to comply with its terms, the Public Guardian and Trustee may apply to the Superior Court of Justice for an order compelling the person or entity to comply.

Offence

   (6)  Any person that receives a notice under this section and fails to comply with its terms is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $5,000 for each day during which the failure continues.

Grounds for refusal to provide information

   (7)  A person or entity is not required to provide information under this section if the record containing the information is subject to solicitor-client privilege, litigation privilege or settlement privilege.

Records

   22.  For greater certainty, sections 20 and 21 do not derogate from the Public Guardian and Trustee’s authority to take possession of records that are property of which the Public Guardian and Trustee may take possession under section 2.

Use and disclosure of information

   23.  Information that is collected under this Act may be used and disclosed for the following purposes:

    1.  Determining whether this Act applies to property.

    2.  Determining whether to take possession of property, conducting an investigation and valuing the property.

    3.  Administering property for the Crown.

    4.  Administering this Act, the Forfeited Corporate Property Act, 2015 or any other Ontario law governing corporate dissolution or property of which the Public Guardian and Trustee may take possession under section 2.

    5.  Administering the Crown Administration of Estates Act or carrying out a duty of the Public Guardian and Trustee under any other Act.

Legislation Act, 2006

   24.  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to orders issued by the Lieutenant Governor in Council under subsection 5 (3) or 7 (7) or by the Public Guardian and Trustee under section 13.

Regulations

   25.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing steps the Public Guardian and Trustee is required to take with respect to an order that includes a direction described in paragraph 3 of subsection 13 (5);

  (b)  prescribing steps that a person responsible for a prescribed public registry is required to take in response to an order mentioned in clause (a);

   (c)  governing the determination of amounts under section 16;

  (d)  defining any word or expression used in this Act that has not already been expressly defined in this Act;

  (e)  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act;

   (f)  prescribing anything that, under this Act, may or must be prescribed or done by regulation.

Complementary Amendments and Repeal

Civil Remedies Act, 2001

   26.  Subsection 15.4 (2) of the Civil Remedies Act, 2001 is repealed and the following substituted:

Escheats Act, 2015 does not apply

   (2)  The Escheats Act, 2015 does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act.

Crown Administration of Estates Act

   27.  (1)  Subsection 11 (2) of the Crown Administration of Estates Act is repealed.

   (2)  Subsection 14 (1) of the Act is amended by striking out “in accordance with any direction of the Lieutenant Governor in Council made under the Escheats Act” and substituting “in accordance with this Act or the Escheats Act, 2015”.

   (3)  Subsection 14 (2) of the Act is repealed and the following substituted:

Non-liability of Her Majesty and the Province

   (2)  No claim shall be maintained against Her Majesty or the Province in respect of any money or personal property paid over or assigned to any person under the Escheats Act, 2015 or under this Act, but this does not prejudice the right of a creditor or claimant to follow the money, property or proceeds into the hands of the person who has received it.

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

Legal claim

   15.  (1)  If the Public Guardian and Trustee pays money into the Consolidated Revenue Fund under section 11 or subsection 14 (1) and a person later establishes, to the satisfaction of the Public Guardian and Trustee, a legal claim to all or part of the money, the person is entitled to receive it.

Interest payable, limitation

   (2)  No interest is payable to a claimant on money mentioned in subsection (1) for any period of time after the earlier of the following:

    1.  10 years after the death of the intestate person.

    2.  The day the money is paid into the Consolidated Revenue Fund.

Recovery from Consolidated Revenue Fund

   (3)  If a person has established a legal claim to money under this section to the satisfaction of the Public Guardian and Trustee and the money has been paid into the Consolidated Revenue Fund, the money may be paid out of the Consolidated Revenue Fund to the Public Guardian and Trustee to be administered in accordance with this Act.

Same

   (4)  This section applies with respect to any claim made on or after the day the Escheats Act, 2015 comes into force, regardless of when the money was paid into the Consolidated Revenue Fund.

Crown Attorneys Act

   28.  Subsection 14.4 (2) of the Crown Attorneys Act is repealed and the following substituted:

Escheats Act, 2015 does not apply

   (2)  The Escheats Act, 2015 does not apply to property that is forfeited to the Crown in right of Ontario as described in clause 14.1 (1) (c) or (d).

Prohibiting Profiting from Recounting Crimes Act, 2002

   29.  Subsection 9.1 (2) of the Prohibiting Profiting from Recounting Crimes Act, 2002 is repealed and the following substituted:

Escheats Act, 2015 does not apply

   (2)  The Escheats Act, 2015 does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act.

Succession Law Reform Act

   30.  Subsection 47 (7) of the Succession Law Reform Act is repealed and the following substituted:

Crown

   (7)  Where a person dies intestate in respect of property and there is no surviving spouse, issue, parent, brother, sister, nephew, niece or next of kin, the property becomes the property of the Crown, and the Escheats Act, 2015 applies.

Repeal of Escheats Act

   31.  The Escheats Act is repealed.

Commencement and Short Title

Commencement

   32.  The Act set out in this Schedule comes into force on the first anniversary of the day the Budget Measures Act, 2015 receives Royal Assent.

Short title

   33.  The short title of the Act set out in this Schedule is theEscheats Act, 2015.

SCHEDULE 5
FINANCIAL ADMINISTRATION ACT

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

Duty of businesses, etc., to provide certain information

Application

   1.0.25.1  (1)  This section applies to every person or entity who,

  (a)  carries on a business as defined in subsection 248 (1) of the Income Tax Act (Canada) or is required by that Act to deduct or withhold an amount paid or credited, or deemed to be paid or credited, under that Act; and

  (b)  engages in a financial transaction with a ministry or public entity.

Duty

   (2)  Before engaging in the financial transaction with the ministry or public entity, the person or entity shall give the following information to the ministry or public entity for the purpose of the administration and enforcement of this Act:

    1.  The person’s or entity’s name including any trade name or other name used by it.

    2.  Its business number, as defined in subsection 248 (1) of the Income Tax Act (Canada) and its business identifier, if any, under the Business Regulation Reform Act, 1994.

    3.  Its contact information, including its street address, mailing address, email address and phone number.

    4.  Such other information as may be prescribed by regulation.

Transition

   (3)  A person or entity who has engaged in a financial transaction with a ministry or public entity before the day this section comes into force shall give the information described in subsection (2) to the ministry or public entity upon request.

Non-application

   (4)  This section does not apply to a person or entity who is an excluded individual within the meaning of subsection 241 (10) of the Income Tax Act (Canada)

Interpretation

   (5)  For the purposes of this section, a person or entity engages in a financial transaction with a ministry or public entity,

  (a)  if the person or entity pays money to, or receives money from, a ministry or public entity, whether or not the payment is gratuitous or is made in satisfaction of a binding obligation; or

  (b)  if the person or entity enters into an agreement or arrangement with a ministry or public entity under which the person or entity may become liable to pay money to, or entitled to receive money from, the ministry or public entity.

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

(a.4) prescribing information for the purposes of paragraph 4 of subsection 1.0.25.1 (2);

Commencement

   3.  This Schedule comes into force on the day the Budget Measures Act, 2015 receives Royal Assent.

SCHEDULE 6
FISCAL TRANSPARENCY AND ACCOUNTABILITY ACT, 2004

   1.  Section 12 of the Fiscal Transparency and Accountability Act, 2004 is repealed.

Commencement

   2.  This Schedule comes into force on the day the Budget Measures Act, 2015 receives Royal Assent.

SCHEDULE 7
FORFEITED CORPORATE PROPERTY ACT, 2015

CONTENTS

General

 1.

 2.

 3.

 4.

 5.

 6.

 7.

 8.

 9.

10.

Interpretation

Application

General effects of becoming forfeited corporate property

Obligations and immunities

Minister’s decisions final

No entitlement to notice

Expropriation

Non-application of Municipal Tax Assistance Act

No interest or income payable

Legislation Act, 2006

Management of Forfeited Corporate Property

11.

12.

13.

14.

15.

16.

17.

Interests purported to be created after dissolution

Application to be registered as owner

Agreement with receiver-manager

Court appointed receiver-manager

Notice to vacate, where no agreement

Notice to vacate, where agreement

Entry onto real property

Cancellation of Encumbrances

18.

19.

20.

21.

22.

23.

Cancellation of encumbrances

Notice of intent to cancel encumbrances

Persons entitled to notice of intent

Manner of giving notice of intent

Response to Minister

Order deleting notice under s. 19

Use of Forfeited Corporate Property for Crown Purposes

24.

Property intended to be used for Crown purposes

Disposing of Forfeited Corporate Property

25.

26.

27.

28.

29.

Disposing of forfeited corporate property

Relief from forfeiture

Charitable property

Co-ownership of real property by tenants in common

Order to transfer certain real property

Amounts Due to the Crown

30.

31.

32.

33.

34.

Amounts due to the Crown

Order against former officers and directors

Special lien

Distribution of proceeds

Expenditures

Collection and Use of Information

35.

36.

37.

38.

Personal information

Notice requiring provision of information

Grounds for refusal to provide information

Use and disclosure of information

Co-operative Corporations

39.

Availability of co-operative’s property to satisfy judgments

Regulations and Transitional Matters

40.

41.

42.

43.

Regulations, Minister

Regulations, Lieutenant Governor in Council

Transitional matters

Amendments to this Act

Amendments to Other Acts

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

Business Corporations Act

City of Toronto Act, 2006

Commercial Tenancies Act

Corporations Act

Financial Administration Act

Housing Development Act

Metrolinx Act, 2006

Ministry of Infrastructure Act, 2011

Mortgages Act

Municipal Act, 2001

Niagara Parks Act

Not-for-Profit Corporations Act, 2010

Ontario Infrastructure and Lands Corporation Act, 2011

Personal Property Security Act

Proceedings Against the Crown Act

Public Lands Act

Residential Tenancies Act, 2006

St. Lawrence Parks Commission Act

Commencement and Short Title

62.

63.

Commencement

Short title

______________

General

Interpretation

   1.  (1)  In this Act,

“charitable corporation” means a corporation that is incorporated for charitable purposes; (“organisation caritative”)

“charitable property” means,

  (a)  any property held by a charitable corporation, and

  (b)  any property held for charitable purposes by a corporation that is not a charitable corporation; (version anglaise seulement)

“charitable purposes” means,

  (a)  the relief of poverty,

  (b)  education,

   (c)  the advancement of religion, and

  (d)  any other purpose that is beneficial to the community; (“fins de bienfaisance”)

“Crown” means, unless otherwise specified, the Crown in right of Ontario; (“Couronne”)

“encumbrance” means, subject to subsections (2) and (3),

  (a)  a claim that secures payment or the performance of an obligation, including a charge under the Land Titles Act, a mortgage, a lien, a trust for securing money and a writ of execution,

  (b)  a security interest, regardless of whether the security interest secures payment or the performance of an obligation,

   (c)  a restrictive covenant,

  (d)  a certificate of pending litigation,

  (e)  a profit à prendre, or

   (f)  any interest prescribed as an encumbrance; (“grèvement”)

“forfeited corporate personal property” means property described in subsection (6); (“biens meubles sociaux confisqués”)

“forfeited corporate property” means forfeited corporate real property and forfeited corporate personal property; (“biens sociaux confisqués”)

“forfeited corporate real property” means property described in subsections (4) and (5); (“biens immeubles sociaux confisqués”)

“Minister” means, unless the context requires otherwise, the Minister of Economic Development, Employment and Infrastructure or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act, and “Ministry” has a corresponding meaning; (“ministre”)

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

“prior corporate owner”, when used in reference to forfeited corporate property, means the corporation whose dissolution resulted in the property becoming forfeited corporate property; (“personne morale anciennement propriétaire”)

“real property taxes” means real property taxes within the meaning of Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be; (“impôts fonciers”)

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

Special liens not encumbrances

   (2)  Special liens in respect of real property taxes are not encumbrances for the purposes of this Act.

Same

   (3)  Subsection (2) also applies to special liens in respect of property tax within the meaning of the Provincial Land Tax Act, 2006.

Forfeited corporate real property

   (4)  Real property and interests in real property are forfeited corporate real property if, as a result of the dissolution of a corporation, they are escheated or forfeited to the Crown.

Same

   (5)  Real property and interests in real property mentioned in subsection (4) include,

  (a)  a charge under the Land Titles Act or a mortgage; and

  (b)  a building or structure that is owned separately from the land on which the building or structure is located or an interest in such a building or structure.

Forfeited corporate personal property

   (6)  Personal property and interests in personal property are forfeited corporate personal property if one of the following circumstances applies:

    1.  As a result of the dissolution of a corporation, they are forfeited to or have become the property of the Crown as bona vacantia and the personal property is,

            i.  located in, on or under forfeited corporate real property, or

           ii.  not located in, on or under forfeited corporate real property but the Minister, after consulting with the Public Guardian and Trustee, is of the opinion that control over the personal property is necessary for the purposes of,

                  A.  administering forfeited corporate real property, or

                  B.  managing, on forfeited corporate real property, the ongoing operations or a business of the prior corporate owner of the forfeited corporate real property.

    2.  The personal property is left in, on or under forfeited corporate real property, regardless of who owns the personal property.

Vesting

   (7)  For greater certainty, forfeited corporate property, other than personal property referred to in paragraph 2 of subsection (6), is vested in the Crown, even if the prior corporate owner is still shown as the registered owner of the property.

Application

   2.  (1)  This Act applies with respect to forfeited corporate property, except as provided in subsection (3).

Same

   (2)  For greater certainty, this Act applies with respect to forfeited corporate property whether it became forfeited corporate property before or after this section comes into force.

Non-application of Act

   (3)  This Act does not apply to forfeited corporate property if,

  (a)  the property is mining lands as defined in the Mining Act;

  (b)  the property is mining rights, as defined in the Mining Act, that are severed or held separate and apart from surface rights as defined in the Mining Act;

   (c)  the property is subject to subsection 53 (1) of the Mining Act;

  (d)  the property is located in, on or under land set apart as a provincial park or a conservation reserve under the Provincial Parks and Conservation Reserves Act, 2006; or

  (e)  the property is located in, on or under public lands within the meaning of the Public Lands Act.

General effects of becoming forfeited corporate property

Crown’s prior interests

   3.  (1)  If property was subject to liens, rights or other interests in favour of the Crown before it became forfeited corporate property, the liens, rights or other interests do not merge when the property becomes forfeited corporate property.

Debts not passing to Crown

   (2)  A prior corporate owner’s liabilities and obligations do not become the Crown’s liabilities and obligations as a result of the dissolution of the prior corporate owner.

Obligations and immunities

No obligation, forfeited corporate real property

   4.  (1)  Despite subsections 7 (1) and (2) of the Ministry of Infrastructure Act, 2011, the Minister is not required to secure, maintain or manage forfeited corporate real property or to take any other action in relation to it until the day the Minister registers a notice under section 24 on title to the property indicating that the Crown intends to use the property for Crown purposes.

Same, forfeited corporate personal property

   (2)  The Minister is not required to secure, maintain or manage forfeited corporate personal property or to take any other action in relation to it until the day the Crown begins to use the property for Crown purposes.

Immunities

   (3)  No action or other proceeding shall be commenced and no order shall be made against the Crown, the Minister, the Deputy Minister, any servant or agent of the Crown or any other official of or employee of the Crown for any of the following:

    1.  Any act, neglect, default or omission of any of the following persons that occurs on or otherwise affects forfeited corporate property:

            i.  A person who entered into an agreement or purported agreement entitling the person to occupy all or part of the property, as described in subsection 15 (6).

           ii.  A person who is using, occupying or trespassing on the property.

    2.  Any act, neglect, default or omission of any prior corporate owner of forfeited corporate property.

    3.  Any act, neglect, default or omission of a person who holds any interest in forfeited corporate property that relates to enforcement of the interest or occurs on or otherwise affects the property.

    4.  Any act, neglect, default or omission of a director, officer, employee, agent, independent contractor, invitee, shareholder or member of a person mentioned in paragraph 1, 2 or 3.

Same

   (4)  No action or other proceeding shall be commenced and no order shall be made against the Minister, the Deputy Minister, any servant or agent of the Crown or any other official of or employee of the Crown for any of the following:

    1.  Any act done or performed in good faith in the performance or intended performance of any duty or function or in the exercise or intended exercise of any power or authority under this Act.

    2.  Any neglect, default or omission in the performance or exercise in good faith of any duty, function, power or authority under this Act.

Same

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

Effect of subs. (1) to (4)

   (6)  Subsections (1), (2), (3) and (4),

  (a)  do not prevent the issuing of an order against the Crown in respect of forfeited corporate property if the order is authorized under another Act and the provisions of that Act authorizing the order bind the Crown;

  (b)  do not apply to a proceeding to enforce against the Crown its obligations under a written agreement to which it is a party; and

   (c)  do not impose any new obligation on the Crown in respect of forfeited corporate property.

Minister’s decisions final

   5.  A decision or order of the Minister under this Act is final and not subject to review for any reason, including for the reason that a person did not receive a notice under this Act.

No entitlement to notice

   6.  (1)  A person is not entitled to receive a notice under this Act if,

  (a)  the person expressly waives the entitlement to receive notice, either before or after the notice is given; or

  (b)  after a reasonable search, the Minister is unable to find the person’s address and the Minister is not otherwise aware of the address.

Same, prior corporate owner dissolved for more than 20 years

   (2)  If a prior corporate owner has been dissolved for more than 20 years, the prior corporate owner and its directors and officers are not entitled to receive a notice under this Act.

Expropriation

   7.  For greater certainty, forfeited corporate real property is not liable to be expropriated by an expropriating authority within the meaning of the Expropriations Act.

Non-application of Municipal Tax Assistance Act

   8.  (1)  The Municipal Tax Assistance Act does not apply in respect of forfeited corporate real property, despite the definition of “provincial property” in section 1 of that Act, until the day the Minister registers a notice under section 24 on title to the property indicating that the Crown intends to use the property for Crown purposes.

Same

   (2)  If real property became forfeited corporate real property before the day subsection (1) comes into force, subsection (1) applies in respect of the property as if subsection (1) had been in force on the day the property became forfeited corporate real property.

No interest or income payable

   9.  No interest or income is payable by the Crown to any person with respect to forfeited corporate property or its proceeds.

Legislation Act, 2006

   10.  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to orders issued by the Minister under section 11, 18 or 29.

Management of Forfeited Corporate Property

Interests purported to be created after dissolution

Application

   11.  (1)  Subject to subsection (2), this section applies in respect of any interest, including an ownership interest, that is purported to be created in forfeited corporate property after the property becomes forfeited corporate property.

Exception

   (2)  This section does not apply in respect of an interest created by a person, including a municipality, with legal authority to create the interest.

Same

   (3)  For greater certainty, the prior corporate owner or any person purporting to act on its behalf does not have legal authority to create any interest in the property.

Cancellation

   (4)  The Minister may make orders under this section cancelling interests to which this section applies, other than an interest deemed to be enforceable and valid under subsection (7).

Same

   (5)  An order cancelling an interest may include the following:

    1.  If the interest is registered on title to real property, direction to delete specified documents from the title.

    2.  If the interest is in personal property and a registration was made in respect of the interest in the registration system established under the Personal Property Security Act, direction to amend the information recorded in the central file of the registration system in a specified manner.

    3.  In the prescribed circumstances, direction to amend or delete information recorded in any other prescribed public registry.

Interests not enforceable or valid

   (6)  Subject to subsection (7), an interest to which this section applies is not, as against forfeited corporate property or its proceeds, enforceable or valid, regardless of whether an order is made under this section.

Interests deemed enforceable and valid

   (7)  An interest described in subsection (1) in respect of forfeited corporate real property is deemed to be enforceable and valid if,

  (a)  the document that gives effect to the interest shows the prior corporate owner as a party;

  (b)  the document was registered on title to the property on or after the day the property was registered under the Land Titles Act and before the day the Budget Measures Act, 2015 received first reading; and

   (c)  but for the prior corporate owner’s dissolution, the interest would have been enforceable and valid.

Order relating to real property

   (8)  If the order relates to an interest registered on title to forfeited corporate real property, the Minister shall register the order on title to the property, and the documents specified in the order shall be deleted from the title.

Order relating to personal property

   (9)  If the order relates to an interest in forfeited corporate personal property and a registration was made in respect of the interest in the registration system established under the Personal Property Security Act, the Minister shall give a copy of the order to the registrar of personal property security, who shall amend the information recorded in the central file of the registration system, in accordance with the order, to indicate that the registration is discharged or partially discharged.

Minister to give copy, publish order

   (10)  Within 15 days after making an order under this section, the Minister shall give a copy of the order to any other person who, in the opinion of the Minister, might be affected by the order and shall publish the order on a Government website or on another website available to the public.

Request for copy of order

   (11)  The Minister shall give a copy of the order to a person who requests a copy within 15 days after the later of the day the request is received and the day the order is made.

Application to be registered as owner

   12.  (1)  The Minister may, at any time, make an application for the Crown to be registered as the owner of forfeited corporate real property.

Same

   (2)  An application mentioned in subsection (1) does not constitute a notice under section 24.

Agreement with receiver-manager

   13.  (1)  The Minister may enter into an agreement in writing in accordance with this section with a person to be a receiver-manager of forfeited corporate property and may by order name that person as the receiver-manager of the property described in the order.

Crown agent status

   (2)  A receiver-manager named under this section is a Crown agent for the purposes of exercising the powers and performing the duties specified in the agreement.

Powers of receiver-manager

   (3)  The agreement may permit the receiver-manager to do any of the following, subject to any conditions, restrictions or requirements set out in the agreement:

    1.  Exercise any power this Act gives the Minister in accordance with the requirements of this Act, with necessary modifications.

    2.  Exercise control over the property and preserve and protect it.

    3.  Make payments as may be required for the ongoing operation of the property.

    4.  Apply to a public authority for the issuing or renewal of any permits, licences, approvals, consents, certificates or permissions.

    5.  Do anything the receiver-manager considers advisable for the ongoing management or operation of the property, including,

            i.  undertaking repairs and improvements,

           ii.  collecting money and managing accounts,

          iii.  managing expenses,

          iv.  managing and operating any business associated with the property, including ceasing to carry on all or part of the business,

           v.  conducting investigations in respect of the property, and

          vi.  entering into agreements with consultants, appraisers or other experts to assist the manager in carrying out his or her powers and duties.

    6.  Do anything else within any additional powers that may be prescribed for the purposes of this section.

Duties of receiver-manager

   (4)  The receiver-manager shall,

  (a)  do anything the agreement requires the receiver-manager to do;

  (b)  keep detailed records of all activities the receiver-manager carries out in respect of the property and provide those records to the Minister on request; and

   (c)  when the receiver-manager’s duties under the agreement have been completed, provide the Minister with a final report.

Registration

   (5)  The Minister shall register an order under this section,

  (a)  if the order is in respect of real property, on title to the property; or

  (b)  if the order is in respect of personal property, on title to the real property in, on or under which the personal property is located.

Court appointed receiver-manager

   14.  (1)  The Minister may apply to the Superior Court of Justice for an order appointing a receiver-manager of forfeited corporate property if, in the Minister’s opinion, applying for the order is necessary for the proper administration of the property.

Same

   (2)  On application under subsection (1), the Superior Court of Justice may make an order appointing a receiver-manager of the property where it appears to a judge of the court to be just or convenient to do so.

Same

   (3)  For greater certainty, an order of the court under this section cannot authorize the expenditure of public money that has not been appropriated by the Legislature for this purpose.

Notice to vacate, where no agreement

   15.  (1)  Subject to subsection (5), if forfeited corporate real property is occupied, the Minister may give notice,

  (a)  directing occupiers to vacate the property on or before the date specified in the notice;

  (b)  directing occupiers to remove their personal property from the property on or before the specified date; and

   (c)  notifying occupiers that the Minister may dispose of any personal property left in, on or under the property after the specified date.

Same

   (2)  A notice under subsection (1) may be given by posting the notice on the property and shall be given in accordance with any other requirements set out in the regulations.

Same

   (3)  In specifying a date in a notice under subsection (1), the Minister may take into account any circumstances, including, but not limited to, risks related to the property, risks to human health or safety or risks to the environment.

Failure to vacate

   (4)  If a person does not vacate the property in accordance with the notice, the Minister may apply to the Superior Court of Justice for an order and writ of possession.

Notice not enforceable, where agreement or purported agreement

   (5)  A notice under this section is not enforceable against a person who is on the property pursuant to an agreement or purported agreement described in subsection (6).

Same

   (6)  For the purposes of subsection (5), the notice is not enforceable against a person if the person entered into,

  (a)  an agreement in writing that,

           (i)  was in effect on the day the property became forfeited corporate property, and

          (ii)  entitled the person to occupy all or part of the property; or

  (b)  a purported agreement in writing that,

           (i)  was entered into after the day the property became forfeited corporate property, and

          (ii)  purported to entitle the person to occupy all or part of the property.

Notice to vacate, where agreement

   16.  (1)  This section applies if a person entered into an agreement or purported agreement described in subsection 15 (6) that entitled or purported to entitle a person to occupy all or part of forfeited corporate real property as living accommodation.

Notice

   (2)  The Minister may give a notice, in accordance with the regulations, if any, to a person who is on the property pursuant to an agreement or purported agreement as described in subsection (1),

  (a)  directing the person to vacate the property on or before the date specified in the notice;

  (b)  directing the person to remove any of the person’s personal property from the property on or before the specified date; and

   (c)  notifying the person that the Minister may dispose of any personal property left in, on or under the property after the specified date.

60-day minimum period

   (3)  The notice shall be given to the person at least 60 days before the date specified in the notice, subject to subsection (4).

Shorter period

   (4)  The notice may be given fewer than 60 days before the specified date if the Minister is of the opinion that,

  (a)  the presence or actions of the person present a risk related to the property, to human health or safety, or to the environment; or

  (b)  vacant possession is needed so that a risk related to the property, to human health or safety, or to the environment may be addressed.

Failure to vacate

   (5)  If the person does not vacate the property in accordance with the notice, the Minister may apply to the Superior Court of Justice for an order and writ of possession.

Crown not bound

   (6)  For greater certainty, the Crown is not bound by an agreement or a purported agreement described in subsection (1).

Interpretation

   (7)  Nothing in this section shall be interpreted as validating a purported agreement described in subsection (1) in respect of forfeited corporate real property.

Entry onto real property

   17.  (1)  The Minister may enter onto forfeited corporate real property at any time, subject to subsection (3), and for any purpose, and may take any action the Minister determines is necessary in respect of the property.

Same

   (2)  Subsection (1) applies regardless of whether the property is being used or occupied, including if it is being occupied under an agreement or purported agreement mentioned in subsection 15 (6).

Notice to occupiers

   (3)  If the property is occupied, the Minister shall give notice to the occupiers in accordance with the regulations, if any, before entering onto the property, unless the Minister is of the opinion that there is not enough time to do so because of a risk to human health or safety, or to the environment.

Emergency powers

   (4)  Without limiting the generality of subsection (1), the Minister may enter onto forfeited corporate real property in order to investigate whether a risk mentioned in subsection (3) is present and, if he or she is of the opinion that such a risk exists, take any measures necessary to address it.

Same, notice

   (5)  As soon as reasonably possible after taking measures under subsection (4), the Minister shall give notice to the occupiers in accordance with the regulations, if any, describing the nature of the measures.

Cancellation of Encumbrances

Cancellation of encumbrances

   18.  (1)  The Minister may make orders cancelling encumbrances against forfeited corporate property that,

  (a)  were enforceable and valid in respect of the property before it became forfeited corporate property; or

  (b)  are deemed to be enforceable and valid in respect of the property under subsection 11 (7).

Same

   (2)  An order cancelling an encumbrance may include the following:

    1.  If the encumbrance is registered on title to real property, direction to delete specified documents from the title.

    2.  If the encumbrance is against personal property and a registration was made in respect of the encumbrance in the registration system established under the Personal Property Security Act, direction to amend the information recorded in the central file of the registration system in a specified manner.

    3.  In the prescribed circumstances, direction to amend or delete information recorded in any other prescribed public registry.

Application

   (3)  For greater certainty, an encumbrance referred to in clause (1) (a) includes an encumbrance against forfeited corporate property that was enforceable and valid in respect of the property before section 2 came into force.

Limitation, cancellation of restrictive covenants

   (4)  The Minister may make an order under this section cancelling a restrictive covenant in respect of forfeited corporate real property only if, in the opinion of the Minister, the restrictive covenant may,

  (a)  reduce the value or marketability of the property or limit the use of the property; or

  (b)  otherwise affect the Minister’s ability to manage or dispose of the property.

Timing of order

   (5)  An order under this section shall not be made before the third anniversary of the prior corporate owner’s dissolution if it was dissolved under any of the following provisions:

    1.  Subsection 241 (4) of the Business Corporations Act or any predecessor of it.

    2.  Subsection 317 (9) of the Corporations Act or any predecessor of it.

Same

   (6)  An order under this section shall not be made before the second anniversary of the prior corporate owner’s dissolution if it was a co-operative dissolved under subsection 167 (2) of the Co-operative Corporations Act or any predecessor of it.

Order relating to real property

   (7)  If the order is in respect of forfeited corporate real property, the Minister shall register the order on title to the property, and the documents specified in the order shall be deleted from title.

Writ of execution

   (8)  If the order affects a writ of execution, the Minister shall give a copy of the order to the sheriff for the territorial jurisdiction in which the forfeited corporate real property is located, along with a copy of any notification provided to execution creditors.

Order relating to personal property

   (9)  If the order is in respect of forfeited corporate personal property and the encumbrance cancelled by the order was registered in the registration system established under the Personal Property Security Act, the Minister shall give a copy of the order to the registrar of personal property security, who shall amend the information recorded in the central file of the registration system, in accordance with the order, to indicate that the registration is discharged or partially discharged.

Minister to give copy, publish order

   (10)  The Minister shall,

  (a)  give a copy of the order to,

           (i)  any person to whom notice was given under section 19 in respect of the property,

          (ii)  any person who responded to the Minister under section 22 in respect of the property, and

         (iii)  any other person who requests a copy; and

  (b)  publish the order on a Government website or on another website available to the public.

Effect of order

   (11)  Despite any other Act, an order cancelling an encumbrance under this section terminates the right to enforce the encumbrance against the property or its proceeds,

  (a)  in the case of an encumbrance registered on title to real property, as of the day the order is registered on title; and

  (b)  in the case of any other encumbrance, as of the day the order is made.

Exceptions

   (12)  An order under this section does not have the effect of cancelling any of the following:

    1.  An interest of the Crown in right of Canada.

    2.  An interest of the Crown in right of Ontario.

    3.  An easement.

    4.  A party wall agreement.

    5.  An encroachment agreement.

    6.  An interest or title acquired by way of adverse possession before the property became forfeited corporate real property.

    7.  A debt owed by the prior corporate owner in respect of real property taxes.

    8.  A debt owed by the prior corporate owner in respect of property taxes within the meaning of the Provincial Land Tax Act, 2006.

    9.  An interest that the order specifies is not cancelled.

  10.  An interest prescribed for the purposes of this subsection.

Notice of intent to cancel encumbrances

   19.  (1)  The Minister shall give persons who are entitled to receive notice under section 20 at least 90 days notice of his or her intent to make an order under section 18 cancelling encumbrances against forfeited corporate property.

Contents of notice

   (2)  The notice shall contain the following information:

    1.  The prior corporate owner’s name.

    2.  The date the prior corporate owner was dissolved.

    3.  Information that identifies the property, such as,

            i.  in the case of real property, a property identifier number, legal description and municipal address,

           ii.  in the case of a motor vehicle, a vehicle identification number, and

          iii.  in the case of other personal property, a description of the property.

    4.  A statement indicating that on or after the date specified in the notice, all encumbrances referred to in the notice regarding the identified property, whether registered or not, may be cancelled without further notice.

    5.  A statement explaining the effect of the order.

    6.  A statement explaining that the person may respond to the notice as provided under section 22.

Description of encumbrances not covered

   (3)  The notice may describe any encumbrances that the Minister does not intend to cancel.

Additional matters in certain notices

   (4)  The notice may contain,

  (a)  in the case of a notice to a municipality in respect of real property, a request that the municipality identify any unpaid real property taxes and penalties and interest on those taxes and any other debts owing to the municipality in respect of the property;

  (b)  in the case of a notice to the Crown in right of Canada, a request to identify any debts owing to the Crown in right of Canada by the prior corporate owner or in respect of the property; and

   (c)  in the case of a notice to a Minister of the Crown in right of Ontario, a request to identify,

           (i)  any debts owing to the Crown in right of Ontario by the prior corporate owner or in respect of the property, and

          (ii)  any costs or expenses incurred by the Crown in right of Ontario in respect of the property.

Persons entitled to notice of intent

   20.  A notice under section 19 of the Minister’s intent to make an order cancelling encumbrances against forfeited corporate property shall be given to the following persons:

    1.  In the case of property that includes real property registered under the Land Titles Act, every person who, as of the day before the notice is issued, appears by the parcel register to have an interest in the property.

    2.  In the case of property that includes real property to which the Registry Act applies, every person who, as of the day before the notice is issued, appears by the abstract index to have an interest in the property.

    3.  Every person who appears to be an execution creditor of the prior corporate owner, according to the electronic database maintained by the sheriff for the area in which the property is located.

    4.  In the case of real property, the clerk of each municipality in which the property is located or, if it is located in an unorganized territory, the Minister responsible for the administration of the Provincial Land Tax Act, 2006.

    5.  In the case of personal property, every person who, as of the day before the notice is issued, has a security interest in the property or a claim for lien against the property, if the interest or claim has been registered in the registration system under the Personal Property Security Act,

            i.  against the prior corporate owner, or

           ii.  if the personal property is a motor vehicle as defined in the regulations made under the Personal Property Security Act, against a vehicle identification number.

    6.  In the case of personal property in respect of which a notice of security interest is registered on title to real property, every person who, as of the day before the notice of intent to make an order cancelling encumbrances is given, appears to have a security interest in the personal property.

    7.  The prior corporate owner.

    8.  Every person who is named as a director or officer of the prior corporate owner in the most recent notices or returns filed under the Corporations Information Act, or who is named in the prior corporate owner’s articles or letters patent, whichever was most current as of the day the corporation was dissolved.

    9.  In the case of property that is part of a property, as defined in the Condominium Act, 1998, to which the objects and duties of a condominium corporation under section 17 of that Act apply, that corporation.

  10.  The Crown in right of Canada.

  11.  Any Ministers of the Crown in right of Ontario who, in the opinion of the Minister, may have an interest in the property.

  12.  Any other prescribed persons.

Manner of giving notice of intent

   21.  (1)  The Minister shall give notice of the Minister’s intent to make an order cancelling encumbrances against forfeited corporate property to a person who is entitled to receive notice under section 20 by sending it by ordinary mail or, if the Minister considers it appropriate, by registered mail or personal delivery.

Registration

   (2)  If the notice is in respect of real property, the Minister shall register the notice on title to the property.

Additional ways of giving notice

   (3)  The Minister may give notice in any additional ways that he or she considers appropriate, which may include,

  (a)  posting the notice on the property;

  (b)  publishing the notice in a newspaper of general circulation in the area in which the property is located; or

   (c)  publishing the notice on a Government website or on another website available to the public.

Notice to prior corporate owner

   (4)  A notice to a prior corporate owner or to its directors or officers shall be given by sending it to each of their addresses listed in the most recent notices or returns filed under the Corporations Information Act or in the prior corporate owner’s articles or letters patent, whichever was most current as of the day before the prior corporate owner was dissolved.

Response to Minister

   22.  (1)  A person who intends to bring a claim or enforce an interest in the forfeited corporate property shall respond to the Minister in writing before the date specified in the notice.

Contents of response

   (2)  A response under subsection (1) shall indicate whether or not the person intends to act and may include additional information or comments.

Contact information

   (3)  A person responding to the Minister shall provide,

  (a)  the person’s contact information, including name, address, telephone number and email address, if any; and

  (b)  if the person has an agent or other representative, the agent’s or representative’s contact information, including name, address, telephone number and email address, if any.

Notice under other Acts not sufficient

   (4)  Notice of a proceeding relating to forfeited corporate property that is served on the Crown under any of the following provisions is not a response for the purposes of subsection (1):

    1.  Section 242 of the Business Corporations Act.

    2.  Section 318 of the Corporations Act.

    3.  Section 31 of the Mortgages Act.

Order deleting notice under s. 19

   23.  (1)  If the Minister has not made an order under section 18 after giving a notice under section 19, the Minister may make an order stating that the notice given under section 19 has no effect.

Copy of order, etc.

   (2)  If the Minister makes an order directing the deletion of a notice under subsection (1) the Minister shall,

  (a)  give a copy of the order to,

           (i)  any person to whom notice was given under section 19 in respect of the property,

          (ii)  any person who responded to the Minister under section 22 in respect of the property, and

         (iii)  any other person who requests a copy; and

  (b)  give notice in any additional ways that the Minister gave notice under subsection 21 (3) in respect of the property.

Registration, order relating to real property

   (3)  If the order deleting the notice is in respect of forfeited corporate real property, the Minister shall register the order on title to the property and the notice shall be deleted from title.

Minister may give new notice

   (4)  The Minister may, at any time after making an order under this section, give a new notice under section 19 in respect of the same property.

Use of Forfeited Corporate Property for Crown Purposes

Property intended to be used for Crown purposes

Forfeited corporate real property

   24.  (1)  Subject to subsections (2) and (3), the Minister may, at any time, register a notice on title to forfeited corporate real property indicating that the Crown intends to use the property for Crown purposes.

Limitation, certain dissolutions

   (2)  The Minister shall not register the notice before the third anniversary of the prior corporate owner’s dissolution, if it was dissolved under any of the following provisions:

    1.  Subsection 241 (4) of the Business Corporations Act or any predecessor of it.

    2.  Subsection 317 (9) of the Corporations Act or any predecessor of it.

Same, co-operatives

   (3)  The Minister shall not register the notice before the second anniversary of the prior corporate owner’s dissolution if it was a co-operative dissolved under subsection 167 (2) of the Co-operative Corporations Act or any predecessor of it.

Exception

   (4)  Despite subsections (2) and (3), the Minister may register a notice under subsection (1) at any time after giving notice of the intention to register the notice in accordance with the regulations, if any, to the prior corporate owner and every person who is named as a director or officer of the prior corporate owner in the most recent notices or returns filed under the Corporations Information Act, or who is named in the prior corporate owner’s articles or letters patent, whichever was most current as of the day before the prior corporate owner was dissolved.

Forfeited corporate personal property

   (5)  Subject to subsection (6), the Crown may, at any time, begin to use forfeited corporate personal property for Crown purposes.

Limitation, involuntary dissolutions

   (6)  The Crown shall not begin to use forfeited corporate personal property for Crown purposes before,

  (a)  the third anniversary of the prior corporate owner’s dissolution, if it was dissolved under any of the provisions listed in subsection (2); or

  (b)  the second anniversary of the prior corporate owner’s dissolution, if it was a co-operative dissolved under subsection 167 (2) of the Co-operative Corporations Act or any predecessor of it.

Exception

   (7)  Despite subsection (6), the Crown may begin to use forfeited corporate personal property for Crown purposes at any time after the Minister has registered a notice under subsection (1) on title to the forfeited corporate real property in, on or under which the personal property is located.

Limitation, municipal tax sale process

   (8)  If a municipality has registered a tax arrears certificate in respect of land under section 373 of the Municipal Act, 2001 or section 344 of the City of Toronto Act, 2006, the Minister shall not register a notice under subsection (1) in respect of the land until,

  (a)  the day the treasurer of the municipality registers a tax arrears cancellation certificate in respect of the land; or

  (b)  the day the tax arrears certificate is deemed to be cancelled under subsection 379 (15) of the Municipal Act, 2001 or under subsection 350 (15) of the City of Toronto Act, 2006.

Act no longer applies

   (9)  On and after the day notice is registered on title to real property under subsection (1), or the day the Crown begins to use personal property for Crown purposes under subsection (5), this Act no longer applies to the property, except it continues to apply in respect of the period before the registration of the notice or the beginning of the use.

Disposing of Forfeited Corporate Property

Disposing of forfeited corporate property

   25.  (1)  The Minister may dispose of forfeited corporate property under this Act,

  (a)  at the price the Minister considers appropriate;

  (b)  subject to any terms or conditions the Minister considers appropriate; and

   (c)  in the manner and at the time the Minister considers appropriate.

Limitation, involuntary dissolutions

   (2)  The Minister shall not dispose of the property before the third anniversary of the prior corporate owner’s dissolution if it was dissolved under any of the following provisions:

    1.  Subsection 241 (4) of the Business Corporations Act or any predecessor of it.

    2.  Subsection 317 (9) of the Corporations Act or any predecessor of it.

Same, co-operatives

   (3)  The Minister shall not dispose of the property before the second anniversary of the prior corporate owner’s dissolution if it was a co-operative dissolved under subsection 167 (2) of the Co-operative Corporations Act or any predecessor of it.

Exceptions

   (4)  Despite subsections (2) and (3), the Minister may dispose of the property at any time,

  (a)  after giving notice of the disposition,

           (i)  in accordance with the regulations, if any, to the prior corporate owner and every person who is named as a director or officer of the prior corporate owner in the most recent notices or returns filed under the Corporations Information Act, or who is named in the prior corporate owner’s articles or letters patent, whichever was most current as of the day before the prior corporate owner was dissolved, and

          (ii)  by publishing it on a Government website or on another website available to the public and by posting it,

                 (A)  in the case of real property, on the property, or

                 (B)  in the case of personal property, on the personal property or on the real property in, on or under which the personal property is located; or

  (b)  without giving notice of the disposition in accordance with clause (a), if, in the Minister’s opinion,

           (i)  in the case of real property or personal property, the property presents a risk to human health or safety, or to the environment, or

          (ii)  in the case of personal property,

                 (A)  the property is perishable,

                 (B)  the property is likely to rapidly decline in value, or

                 (C)  there would be an expense associated with managing or storing the property.

Relief from forfeiture

   26.  (1)  The Minister may at any time and despite subsections 25 (2) and (3) waive or release all or part of the Crown’s interest in forfeited corporate property or may dispose of it by transferring or restoring it to an applicant who satisfies the Minister that the applicant has a legal or moral claim to the property based on facts that arose before the property became forfeited corporate property.

Timing of application

   (2)  Subject to subsection (3), an application under this section must be made before the earliest of the following:

    1.  The day that is 10 years after the day the property became forfeited corporate property.

    2.  The day the Minister disposes of the Crown’s interest in the property.

    3.  In the case of real property, the day a notice is registered on title to the property under section 24, indicating that the Crown intends to use the property for Crown purposes.

    4.  In the case of personal property, the day the Crown begins to use the property for Crown purposes.

Exception

   (3)  If none of the events described in paragraph 2, 3 or 4 of subsection (2) occurs during the 10 years after the day the property becomes forfeited corporate property and an applicant satisfies the Minister that there were compelling reasons not to apply within that 10-year period, the application may be made before the earliest of the events described in paragraphs 2, 3 and 4 of subsection (2).

Form of application

   (4)  An application under this section shall be made in accordance with the regulations, if any.

Application by revived prior corporate owner

   (5)  If a prior corporate owner is revived and forfeited corporate property is not restored to it at the time of revival, it may make an application under this section in respect of that property.

Considerations

   (6)  In determining whether to dispose of property under this section, the Minister may consider,

  (a)  whether the applicant could have brought a claim against the prior corporate owner but did not do so, and any reasons the applicant gives for not having done so;

  (b)  the nature of the applicant’s legal or moral claim to the property;

   (c)  the applicant’s relationship to the prior corporate owner or to the shareholders or members of the prior corporate owner;

  (d)  whether the applicant had entered into an agreement to purchase the property and, if so, the date on which the agreement was executed;

  (e)  whether any amounts are due to the Crown in connection with the property and, if so, how the amounts may be recovered;

   (f)  whether the applicant has incurred any costs in connection with the property after it became forfeited corporate property;

  (g)  whether the applicant owes any debts to the Crown;

  (h)  whether the property is charitable property;

    (i)  whether any real property taxes are owed in respect of the property, and whether the taxes have been paid after it became forfeited corporate property, as if they were owing;

    (j)  whether any property taxes within the meaning of the Provincial Land Tax Act, 2006 are owed in respect of the property, and whether the taxes have been paid after it became forfeited corporate property, as if they were owing;

   (k)  whether any debts are owed to a municipality in respect of the property and whether any such debts have been paid after it became forfeited corporate property;

    (l)  whether there are any encumbrances in respect of the property, and whether the Minister has made an order to cancel encumbrances against the property;

(m)  whether there are any competing claims in respect of the property; and

  (n)  any other matters the Minister considers relevant.

Same, living accommodation

   (7)  In determining, under this section, whether to dispose of property that is occupied as a living accommodation, the Minister may also consider,

  (a)  whether the property is a matrimonial home;

  (b)  whether the applicant is the spouse of the individual who was the only shareholder or member of the prior corporate owner;

   (c)  whether the applicant and his or her spouse were the sole shareholders or members of the prior corporate owner; and

  (d)  whether the applicant occupies the property as his or her primary residence.

Charitable property

   27.  (1)  The Minister may dispose of charitable property that is forfeited corporate property by transferring, assigning or otherwise conveying it to a charity that the Minister considers to be appropriate in the circumstances, after consulting with the Public Guardian and Trustee.

Disposition to person other than charity

   (2)  If the Minister disposes of charitable property that is forfeited corporate property by transferring, assigning or otherwise conveying it to a person other than a charity, the Minister may pay an amount not exceeding an amount equal to the proceeds to a charity that the Minister considers to be appropriate in the circumstances, after consulting with the Public Guardian and Trustee, from money appropriated by the Legislature for this purpose.

Co-ownership of real property by tenants in common

Application to Minister

   28.  (1)  If forfeited corporate real property was owned by a prior corporate owner as a tenant in common, any other co-owner registered on title to the property may apply to the Minister for the prior corporate owner’s interest in the property and the Minister may, at any time, dispose of the interest by transferring, assigning or otherwise conveying it to that co-owner.

Notice of application

   (2)  A co-owner who applies to the Minister under subsection (1) shall give notice of the application to all other co-owners registered on title to the property.

Notice of intent to dispose

   (3)  If the Minister intends to dispose of forfeited corporate real property in respect of which co-owners are registered on title and no application has been made under subsection (1), the Minister shall give notice of this intention to each co-owner registered on title.

Manner of giving notice

   (4)  Regardless of whether the prior corporate owner is shown as the registered owner on title, notice to a co-owner registered on title includes notice to every person who is named as a director or an officer of the prior corporate owner in whichever of the following was most current as of the day the corporation was dissolved:

    1.  The most recent notices or returns filed under the Corporations Information Act.

    2.  The prior corporate owner’s articles or letters patent.

Limitation, Condominium Act, 1998

   (5)  The Minister’s power to dispose of an interest under this section is subject to sections 11 and 139 of the Condominium Act, 1998.

Order to transfer certain real property

   29.  (1)  The Minister may, by order, transfer forfeited corporate real property described in subsection (2) to any of the following persons or entities, as the Minister determines is appropriate:

    1.  A municipality in which the property is located.

    2.  A conservation authority with jurisdiction over any area in which the property is located.

    3.  In the case of property that is part of a property, as defined in the Condominium Act, 1998, to which the objects and duties of a condominium corporation under section 17 of that Act apply, that corporation.

    4.  An abutting property owner.

    5.  A prescribed person or entity.

Property that may be transferred

   (2)  The following property may be transferred under this section:

    1.  A condominium unit that is neither habitable nor usable for commercial purposes, including,

            i.  a unit intended for accessible parking,

           ii.  a unit intended for storage purposes, including storage of garbage, or

          iii.  a unit intended for the purpose of providing space for services or facilities or mechanical installations.

    2.  A lot or block on a plan of subdivision, if the prior corporate owner applied for approval of the plan of subdivision and,

            i.  the lot or block is a one-foot reserve, a walkway or a pathway, or is intended for storm water management or another service that may benefit the subdivision lands or the surrounding area,

           ii.  the conditions of the approval of the draft plan of subdivision require that the lot or block be transferred to a particular entity if the plan of subdivision is approved, or

          iii.  the lot or block is within an area over which a conservation authority has jurisdiction.

    3.  Prescribed property.

Transferee

   (3)  In determining the appropriate person or entity to which to transfer property under this section, the Minister may consider,

  (a)  the intended use of the property;

  (b)  the physical characteristics of the property, including its size, slope and vegetation;

   (c)  the interests of each municipality in which the property is located;

  (d)  any submissions the Minister receives from the intended transferee; and

  (e)  any other information the Minister considers relevant.

Notice

   (4)  If the Minister intends to make an order under this section, the Minister shall give notice in accordance with the regulations, if any,

  (a)  to each municipality in which the property is located; and

  (b)  if the intended transferee is not a municipality, to the intended transferee.

Submissions

   (5)  The notice shall indicate that the recipient may provide a submission in response to the notice before the date specified in the notice.

Where consent required

   (6)  The Minister shall not make an order under this section without the intended transferee’s consent if,

  (a)  the intended transfer is to a person or entity described in paragraph 4 of subsection (1) who is not also described in paragraph 1, 2 or 3 of subsection (1); or

  (b)  the intended transfer is to a person or entity prescribed under paragraph 5 of subsection (1) and the regulation prescribing the person or entity specifies that the person or entity’s consent is required.

Content of order

   (7)  The order shall direct that the name of the registered owner in the parcel register be replaced with the name of the person or entity named in the order.

Registration on title

   (8)  The Minister shall register the order on title to the property.

Effect

   (9)  Upon registration of the order under subsection (8), the property is vested in the person or entity named in the order.

Amounts Due to the Crown

Amounts due to the Crown

   30.  (1)  The Minister may determine the following amounts in connection with each forfeited corporate property in accordance with the regulations, if any:

    1.  The amount of costs the Crown incurred, including,

            i.  costs incurred before the day this section came into force, and

           ii.  costs incurred in connection with the disposition of the property.

    2.  Amounts the Crown may be obligated to pay under an agreement.

    3.  Reasonable amounts for time and resources expended by employees of the Crown.

    4.  The amount of fees charged under this Act.

Debt owing to Crown

   (2)  Amounts determined under subsection (1) are a debt due to the Crown and may be recovered, among other ways,

  (a)  out of the proceeds of,

           (i)  all or part of the property, or

          (ii)  any other forfeited corporate property of the same prior corporate owner;

  (b)  by obtaining an order under section 31 requiring a former officer or director of the prior corporate owner to pay some or all of the amounts; or

   (c)  by collecting on a special lien that is deemed to be enforceable against the property under section 32.

Order against former officers and directors

   31.  (1)  The Minister may apply to the Superior Court of Justice for an order,

  (a)  determining the individuals who were the officers or directors of the prior corporate owner of forfeited corporate property; and

  (b)  requiring the individuals determined under clause (a) to pay some or all amounts determined under section 30.

Same

   (2)  For the purposes of an application under subsection (1), the Court shall determine the individuals who were the officers or directors in the two years before the dissolution of the prior corporate owner.

Same

   (3)  If the Court determines that there were no individuals who were officers or directors in the two years before the dissolution of the prior corporate owner, the Court may make the determination in respect of the most recent two years before the dissolution in which the Court determines there were individuals who were officers or directors.

Exception, corporation without share capital

   (4)  This section does not apply if the prior corporate owner was a corporation without share capital that was carried on without the purpose of gain for its members.

Exception, prescribed criteria

   (5)  No individual who meets the prescribed criteria shall be determined to be an officer or director under this section.

Exception, prescribed amounts

   (6)  No application under this section shall be made in respect of amounts relating to prescribed matters.

Special lien

   32.  (1)  In the circumstances described in subsection (2) or (3), the amounts determined under section 30 constitute a special lien,

  (a)  against the forfeited corporate real property to which the amounts relate;

  (b)  if the amounts relate to personal property described in subparagraph 1 i of subsection 1 (6), against the forfeited corporate real property described in that subparagraph; and

   (c)  if the amounts relate to personal property described in subparagraph 1 ii of subsection 1 (6), against the forfeited corporate real property described in that subparagraph.

Corporate revival

   (2)  If the prior corporate owner is revived and the property to which the amounts relate is returned to the prior corporate owner, the special lien is deemed to be enforceable against the real property mentioned in clause (1) (a), (b) or (c) upon revival.

Disposition by person other than Crown

   (3)  If a person who is not acting on behalf of the Crown is disposing of the real property mentioned in clause (1) (a), (b) or (c), the special lien is deemed to be enforceable against the property immediately before the disposition.

Effect of lien

   (4)  The special lien is enforceable against the real property mentioned in clause (1) (a), (b) or (c) and the outstanding amount of the lien, together with interest due and costs, may be recovered by an action in a court of competent jurisdiction.

Priority

   (5)  A special lien under this section has priority over every claim, privilege, encumbrance or other interest of every person in respect of the real property mentioned in clause (1) (a), (b) or (c), and the lien and its priority are not lost or impaired by any neglect, omission or error of the Crown or its agents or through taking no action to register a notice of special lien on title to the property.

Exception

   (6)  Despite subsection (5), a special lien under this section does not have priority over a trust in favour of the Crown in right of Canada created by an Act of Parliament, if the trust creates a beneficial interest in the real property mentioned in clause (1) (a), (b) or (c).

Registration, real property

   (7)  The Minister may give notice of a special lien by registering notice on title to the real property mentioned in clause (1) (a), (b) or (c) at any time, including while the property is forfeited corporate property.

Effect of registration

   (8)  Subject to subsection (9), if notice of the special lien is registered on title, no person shall dispose of the property until the debt is paid and notice of the special lien is deleted from the title.

Same, exceptions

   (9)  Subsection (8) does not apply in the following circumstances:

    1.  The property is being disposed of by a person acting on behalf of the Crown.

    2.  The property is real property being sold by a municipality for tax arrears.

Distribution of proceeds

   33.  (1)  If the Minister disposes of forfeited corporate property under this Act and there are proceeds of the disposition, the Minister may direct that payments be made in accordance with this section and the regulations, if any.

Maximum amount

   (2)  The total amount of payments that may be made following a particular disposition of forfeited corporate property under this Act shall not exceed the amount equal to the proceeds of the disposition, less any amounts deducted under section 30.

Deduction of amounts due to the Crown

   (3)  The amounts due to the Crown in relation to the property, as determined under section 30, may be deducted before any payments are made under subsection (5) or any payment into court is made under clause (7) (a).

Notice respecting disposition

   (4)  No later than 15 days after property is disposed of under this Act and before any payments are made under subsection (5) or any payment into court is made under clause (7) (a), the Minister shall give notice to the persons or entities the Minister identifies as potentially being entitled to receive payments out of the proceeds of disposition, indicating that the property has been disposed of and that the Minister intends to distribute the proceeds in accordance with this Act.

Order of priority for remaining proceeds

   (5)  Payments out of the proceeds of disposition shall be made in the following order of priority:

    1.  To pay, according to their priority at law, any amounts in respect of trusts in favour of the Crown in right of Canada created by an Act of Parliament, if the trusts create beneficial interests in the property.

    2.  To pay, according to their priority at law, any amounts in respect of trusts in favour of the Crown in right of Ontario created by a statute, if the trusts create beneficial interests in the property.

    3.  To pay, as the case may be,

            i.  any unpaid real property taxes and penalties and interest on those taxes, or

           ii.  any property taxes owing to the Crown under the Provincial Land Tax Act, 2006.

    4.  To pay, according to their priority at law, any amounts required to satisfy encumbrances to which the property is subject at the time of disposition, if the disposition is subject to a condition requiring that the encumbrances be satisfied.

    5.  To pay any other amounts owing in respect of the property to the Crown in right of Canada, the Crown in right of Ontario or a municipality, as follows:

            i.  If the total of the amounts owing is less than or equal to the remaining proceeds of the disposition, to pay those amounts in full.

           ii.  If the total of the amounts owing is greater than the remaining proceeds of the disposition, to pay each of the Crown in right of Canada, the Crown in right of Ontario and each municipality, in proportion to their portion of the total amount owing.

Exception, agreement as to order of priority

   (6)  Despite subsection (5), if all persons or entities the Minister identifies as being potentially entitled to receive payments enter into an agreement with the Minister setting out an alternative proposed distribution, the Minister shall make the payments in accordance with the agreement.

Disputes

   (7)  If the Minister determines there is a dispute in respect of the distribution, the Minister may,

  (a)  pay into the Superior Court of Justice the total amount that may be distributed, and submit with the payment a statement naming the persons or entities the Minister identifies as being potentially entitled to receive payments and the reasons for which the Minister determined there was a dispute; or

  (b)  follow the prescribed process, if any, for resolving the dispute.

Same, publication

   (8)  The statement mentioned in clause (7) (a) shall be in a form approved by the Minister, which form shall be published on a Government website or on another website available to the public.

Copy of statement

   (9)  Within 15 days after making a payment into court under clause (7) (a), the Minister shall provide a copy of the statement mentioned in that clause to the persons or entities the Minister identifies as potentially being entitled to receive payments.

Application for payment out of court

   (10)  If the Minister makes a payment into court under clause (7) (a), any person claiming entitlement may, within 90 days after the payment into court is made, apply to the Superior Court of Justice for an order for payment out of court of the amount to which the person claims entitlement.

Same, notice

   (11)  The applicant shall serve notice of the application on all other persons or entities identified in the Minister’s statement described in clause (7) (a).

Same, determination of entitlements

   (12)  On an application under subsection (10), the court shall determine all persons who are entitled and the amount that they should receive out of the remaining amount.

If no application

   (13)  If no application is made within the 90-day period referred to in subsection (10), all other claims and interests in respect of the amount paid into court are extinguished and the Minister may apply for an order for payment out of court of that amount.

If amount remains

   (14)  If an amount remains after the court determines the entitlements under subsection (12), the remaining amount is deemed to be the property of the Crown and all other claims and interests with respect to the amount are extinguished and the Minister may apply for an order for payment out of court of that amount.

Expenditures

   34.  All expenditures required for the purposes of this Act, including expenditures incurred by a receiver-manager in respect of forfeited corporate property, shall be made out of the money appropriated for this purpose by the Legislature.

Collection and Use of Information

Personal information

   35.  (1)  The Minister is authorized to collect personal information for the purpose of administering this Act.

Direct or indirect collection

   (2)  The collection authorized by subsection (1) may be done,

  (a)  directly; or

  (b)  indirectly, if indirect collection is reasonably required in the circumstances.

General notice of collection

   (3)  If the Minister collects personal information indirectly, he or she shall give a general notice of collection in one or both of the following ways:

    1.  Posting the notice on the relevant forfeited corporate property.

    2.  Publishing the notice on a Government website or on another website available to the public.

Contents

   (4)  A notice under subsection (3) shall contain,

  (a)  a description of the type of personal information that is collected;

  (b)  a statement of the principal purpose for which the personal information is intended to be used; and

   (c)  the title, business address and business telephone number of a public official who can answer questions about the collection.

Deemed compliance with Freedom of Information and Protection of Privacy Act, s. 39 (2)

   (5)  Giving a notice under subsection (3) is deemed to be compliance with subsection 39 (2) of the Freedom of Information and Protection of Privacy Act.

Notice requiring provision of information

   36.  (1)  Subject to the regulations, if any, the Minister may give a notice requiring any person or entity to provide information that is in the person’s or entity’s possession or control and, in the opinion of the Minister, relates to forfeited corporate property, including the following information:

    1.  Personal information, including contact information of a person or entity to whom the Minister intends to give a notice under this Act.

    2.  Information about forfeited corporate property, including corporate records of a prior corporate owner of the property and information about activities of any person purporting to act after dissolution in respect of the property.

    3.  Information about any interest in property that existed before the property became forfeited corporate property.

Same, oath or affirmation

   (2)  The notice may require that the information be provided on oath or affirmation.

Form, manner and timing

   (3)  The notice may,

  (a)  specify the form and manner in which the information shall be provided; and

  (b)  require that the information be provided before the date specified in the notice, subject to section 37.

Requirement to comply

   (4)  Subject to section 37, a person or entity that receives a notice under this section shall comply with its terms, whether or not the Crown is registered on title as the owner of the forfeited corporate real property to which the notice relates or is otherwise understood by the person or entity to be in control of or to have authority over the forfeited corporate property to which the notice relates.

Offence

   (5)  Any person that receives a notice under this section and fails to comply with its terms is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $5,000 for each day during which the failure to comply continues.

Grounds for refusal to provide information

   37.  (1)  A person or entity is not required to provide information under section 36 if the record containing the information is subject to solicitor-client privilege, litigation privilege or settlement privilege.

Failure to comply

   (2)  If a person or entity that receives a notice under section 36 refuses under subsection (1) to provide the required information and the Minister is of the opinion that subsection (1) does not apply, the Minister may apply to the Superior Court of Justice for an order compelling the person or entity to provide the information.

Use and disclosure of information

   38.  Information that is collected under this Act may be used and disclosed for the purposes of the administration of this Act, the Escheats Act, 2015 or any other Ontario law governing property that escheated or forfeited to the Crown or corporate dissolution.

Co-operative Corporations

Availability of co-operative’s property to satisfy judgments

   39.  (1)  Despite clause 168 (1) (c) of the Co-operative Corporations Act, this section applies if, as a result of the dissolution of a co-operative within the meaning of the Co-operative Corporations Act, property becomes forfeited corporate property.

Same, property to which this Act applies

   (2)  Property described in subsection (1) to which this Act applies is no longer available to satisfy a judgment, order or decision against the co-operative or to be sold in power of sale proceedings after the earliest of,

  (a)  the day the Minister disposes of the Crown’s interest in the property;

  (b)  the day an order cancelling encumbrances against the property under section 18 takes effect;

   (c)  in the case of real property, the day a notice under section 24, indicating that the Crown intends to use the property for Crown purposes, is registered on title to the property; and

  (d)  in the case of personal property, the day the Crown begins to use the property for Crown purposes.

Same, property to which Escheats Act, 2015 applies

   (3)  Property described in subsection (1) to which the Escheats Act, 2015 applies is no longer available to satisfy a judgment, order or decision against the co-operative or to be sold in power of sale proceedings after the earliest of,

  (a)  the day the Public Guardian and Trustee takes possession of the property;

  (b)  the day the Public Guardian and Trustee disposes of the Crown’s interest in the property; and

   (c)  the day the Crown begins to use the property for Crown purposes.

Regulations and Transitional Matters

Regulations, Minister

   40.  The Minister may make regulations,

  (a)  prescribing additional powers of a receiver-manager under paragraph 6 of subsection 13 (3);

  (b)  respecting notice to be given under sections 15, 16, 17, 25, subsection 29 (4) and section 36;

   (c)  prescribing persons entitled to receive a notice under paragraph 12 of section 20;

  (d)  governing applications for relief from forfeiture under subsection 26 (4).

Regulations, Lieutenant Governor in Council

   41.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing steps the Minister is required to take with respect to an order that includes a direction described in paragraph 3 of subsection 11 (5) or paragraph 3 of subsection 18 (2);

  (b)  prescribing steps that a person responsible for a prescribed public registry is required to take in response to an order mentioned in clause (a);

   (c)  respecting transfers of property described in section 29, including governing the requirement for consent as mentioned in clause 29 (6) (b);

  (d)  governing the determination of amounts under section 30;

  (e)  respecting any matter necessary for the purposes of section 33, including establishing a process for resolving disputes in respect of the distribution of proceeds of disposition of forfeited corporate property;

   (f)  requiring the payment of fees for anything done under this Act and prescribing the amounts of the fees or a method of determining them;

  (g)  providing for circumstances in which the amount of a fee may be reduced or its payment waived;

  (h)  defining any word or expression used in this Act that has not already been expressly defined in this Act;

    (i)  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act;

    (j)  prescribing anything that, under this Act, may or must be prescribed or done by regulation, other than anything in respect of which the Minister may make regulations under section 40.

Transitional matters

Deemed day of dissolution

   42.  (1)  For the purposes of applying the following provisions, a prior corporate owner’s dissolution is deemed to have occurred on the day section 2 comes into force if the prior corporate owner was dissolved before that day:

    1.  Subsection 18 (5).

    2.  Subsection 24 (2).

    3.  Clause 24 (6) (a).

    4.  Subsection 25 (2).

Same, corporation dissolved for more than 20 years

   (2)  Subsection (1) does not apply if the prior corporate owner has been dissolved under subsection 241 (4) of the Business Corporations Act or any predecessor of it more than 20 years before the third anniversary of the day section 2 comes into force.

Deemed day for purposes of para. 1 of subs. 26 (2)

   (3)  For the purposes of paragraph 1 of subsection 26 (2), property that became forfeited corporate property before the day section 2 comes into force is deemed to have become forfeited corporate property on the day section 2 comes into force.

Continued application of Escheats Act

   (4)  Despite any provision of this Act, the Escheats Act as it read immediately before the day section 31 of Schedule 4 to the Budget Measures Act, 2015 comes into force applies to,

  (a)  property that is the subject of a petition received by the Public Guardian and Trustee under section 3 or 5 of the Escheats Act before the day section 2 of this Act comes into force, unless the petition is withdrawn; and

  (b)  property that is the subject of an agreement in writing, entered into before the day section 2 of this Act comes into force, between the Public Guardian and Trustee and a person regarding the price and terms on which the Public Guardian and Trustee will transfer, assign or discharge the property under section 6 of the Escheats Act.

Amendments to this Act

   43.  (1)  Subsection 18 (5) of the Act is amended by adding the following paragraph:

    3.  Subsection 170 (2) of the Not-for-Profit Corporations Act, 2010 or any predecessor of it.

   (2)  Subsection 22 (4) of the Act is amended by adding the following paragraph:

    4.  Section 171 of the Not-for-Profit Corporations Act, 2010 or any predecessor of it.

   (3)  Subsection 24 (2) of the Act is amended by adding the following paragraph:

    3.  Subsection 170 (2) of the Not-for-Profit Corporations Act, 2010 or any predecessor of it.

   (4)  Subsection 25 (2) of the Act is amended by adding the following paragraph:

    3.  Subsection 170 (2) of the Not-for-Profit Corporations Act, 2010 or any predecessor of it.

Amendments to Other Acts

Business Corporations Act

   44.  (1)  Section 139 of the Business Corporations Act is amended by adding the following subsection:

Exception

   (3.1)  Subsection (3) does not apply to the register described in clause 140 (1) (e).

   (2)  Subsection 140 (1) of the Act is amended by striking out “and” at the end of clause (c), by adding “and” at the end of clause (d) and by adding the following clause:

  (e)  a register of ownership interests in land complying with section 140.1.

   (3)  Section 140 of the Act is amended by adding the following subsections:

Transition

   (4)  If a corporation is incorporated or continued under this Act or a predecessor of it before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, clause (1) (e) applies to the corporation on and after the second anniversary of the coming into force of that section, in respect of its ownership interests in land on and after that second anniversary.

Same

   (5)  If a corporation is incorporated or continued under this Act on or after the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, clause (1) (e) applies to the corporation on and after the day it is incorporated or continued, in respect of its ownership interests in land on and after the day it is incorporated or continued.

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

Register of interests in land in Ontario

   140.1  (1)  A corporation shall prepare and maintain at its registered office a register of its ownership interests in land in Ontario.

Same

   (2)  The register shall,

  (a)  identify each property; and

  (b)  show the date the corporation acquired the property and, if applicable, the date the corporation disposed of it.

Supporting documents

   (3)  The corporation shall cause to be kept with the register a copy of any deeds, transfers or similar documents that contain any of the following with respect to each property listed in the register:

    1.  The municipal address, if any.

    2.  The registry or land titles division and the property identifier number.

    3.  The legal description.

    4.  The assessment roll number, if any.

   (5)  Subsection 144 (3) of the Act is amended by striking out “any of the records mentioned in subsection (1)” and substituting “any of the records mentioned in subsection (1), except the register mentioned in clause 140 (1) (e)”.

   (6)  Subsection 238 (1) of the Act is amended by striking out “and” at the end of clause (d) and by adding the following clause:

(d.1) if it was at any time a registered owner of land in Ontario, that it is no longer a registered owner of land in Ontario; and

   (7)  Subsection 238 (2) of the Act is amended by striking out “and” at the end of clause (g) and by adding the following clause:

(g.1) if it was at any time a registered owner of land in Ontario, that it is no longer a registered owner of land in Ontario; and

   (8)  Section 239 of the Act is amended by adding the following subsection:

Exception, registered owner of land

   (1.1)  Despite subsection (1), the Director may refuse to endorse the articles of dissolution if the Director learns that the corporation is a registered owner of land in Ontario.

   (9)  Section 240 of the Act is amended by adding the following subsections:

Written hearing

   (1.1)  A hearing referred to in subsection (1) shall be in writing in accordance with the rules made by the Director under the Statutory Powers Procedure Act.

Transition

   (1.2)  Subsection (1.1) does not apply to a hearing if the notice specifying a date for the hearing is issued before the day subsection 44 (9) of the Forfeited Corporate Property Act, 2015 comes into force.

   (10)  Subsections 241 (4), (5), (5.1), (6) and (7) of the Act are repealed and the following substituted:

Dissolution order

   (4)  Upon default in compliance with the notice given under subsection (1), (2) or (3), the Director may by order cancel the certificate of incorporation and, subject to subsections (5) and (9), the corporation is dissolved on the date fixed in the order.

Order revoking dissolution order

   (5)  The Director shall make an order revoking a dissolution order made under subsection (4) if,

  (a)  the corporation was dissolved under subsection (4) or a predecessor of it and has not been revived under subsection (9); and

  (b)  the Director receives from the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee notice that, in his or her opinion, the revocation would be in the public interest.

Objections

   (6)  The Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee shall not give notice under clause (5) (b) if any of the following circumstances applies:

    1.  The Minister of Finance objects to the giving of the notice.

    2.  The corporation was dissolved upon default in compliance with a notice described in subsection (2) and the Commission objects to the giving of the notice.

    3.  The corporation was dissolved upon default in compliance with a notice described in subsection (3) and the Minister, as defined in subsection 1 (1), objects to the giving of the notice.

Effect of order under subs. (5)

   (7)  If an order is made under subsection (5),

  (a)  the order is effective on the date fixed in the order and the corporation is revived on that date;

  (b)  the corporation is deemed for all purposes never to have been dissolved, subject to the rights, if any, acquired by any person during the period of dissolution; and

   (c)  subject to subsection (8), the Director may give the corporation a new notice under subsection (1), (2) or (3) if the corporation does not remedy the default identified in the original notice of default or for any other default described in subsection (1), (2) or (3).

Consultation before giving new notice

   (8)  Within the 10-year period after a dissolution order is revoked under subsection (5),

  (a)  the Minister of Finance shall not give a new notice to the Director under subsection (1) without first consulting with the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee, whichever one gave the notice described in clause (5) (b);

  (b)  the Commission shall not give a new notice to the Director under subsection (2) without first consulting with the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee, whichever one gave the notice described in clause (5) (b); and

   (c)  the Director shall not give a new notice to the corporation under subsection (3) without first consulting with the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee, whichever one gave the notice described in clause (5) (b).

Revival

   (9)  Where a corporation is dissolved under subsection (4) or a predecessor of it, the Director may, in his or her discretion, on the application of any interested person, revive the corporation and upon revival, the corporation shall be deemed for all purposes never to have been dissolved, subject to,

  (a)  subsection (10) or (11), as the case may be;

  (b)  any terms and conditions the Director sees fit to impose in respect of the revival; and

   (c)  the rights, if any, acquired by any person during the period of dissolution.

Effect of revival on forfeited corporate property

   (10)  If a corporation that was dissolved under subsection (4) or a predecessor of it before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force is revived under subsection (9) on or after the third anniversary of the coming into force of that section, any property that forfeited to and vested in the Crown when the corporation dissolved remains forfeited to and vested in the Crown and shall not be returned to the corporation except in the manner provided in the Forfeited Corporate Property Act, 2015 or in the Escheats Act, 2015.

Same

   (11)  If a corporation that was dissolved under subsection (4) or a predecessor of it on or after the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force is revived under subsection (9) on or after the third anniversary of the corporation’s dissolution, any property that forfeited to and vested in the Crown when the corporation dissolved remains forfeited to and vested in the Crown and shall not be returned to the corporation except in the manner provided in the Forfeited Corporate Property Act, 2015 or in the Escheats Act, 2015.

Time limit for application

   (12)  The application referred to in subsection (9) shall not be made more than 20 years after the date of dissolution.

Articles of revival

   (13)  The application referred to in subsection (9) shall be in the form of articles of revival which shall be in the prescribed form.

Certificate of revival

   (14)  Subject to subsection (9), upon receipt of articles of revival and any other prescribed documents, the Director shall endorse thereon in accordance with section 273 a certificate which shall constitute the certificate of revival.

   (11)  Subsections 242 (1) and (1.1) of the Act are repealed and the following substituted:

Proceedings after dissolution

   (1)  Despite the dissolution of a corporation under this Act,

  (a)  a civil, criminal, administrative, investigative or other action or proceeding commenced by or against the corporation before its dissolution may be continued as if it had not been dissolved;

  (b)  a civil, criminal, administrative, investigative or other action or proceeding may be brought against the corporation as if it had not been dissolved;

   (c)  property that would have been available to satisfy a judgment, order or decision if the corporation had not been dissolved remains available for that purpose, subject to subsections (1.1) and (1.2); and

  (d)  land belonging to the corporation immediately before the dissolution remains available to be sold in power of sale proceedings, subject to subsection (1.1).

Exception, forfeited corporate property

   (1.1)  Property that is forfeited corporate property is no longer available to satisfy a judgment, order or decision against the corporation or to be sold in power of sale proceedings after the earliest of,

  (a)  the day the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 disposes of the Crown’s interest in the property;

  (b)  the day an order cancelling encumbrances against the property under section 18 of the Forfeited Corporate Property Act, 2015 takes effect;

   (c)  in the case of real property, the day a notice is registered on title to the property under section 24 of the Forfeited Corporate Property Act, 2015, indicating that the Crown intends to use the property for Crown purposes; and

  (d)  in the case of personal property, the day the Crown begins to use the property for Crown purposes.

Exception, Escheats Act, 2015

   (1.2)  Property to which the Escheats Act, 2015 applies is no longer available to satisfy a judgment, order or decision against the corporation or to be sold in power of sale proceedings after the earliest of,

  (a)  the day the Public Guardian and Trustee takes possession of the property;

  (b)  the day the Public Guardian and Trustee disposes of the Crown’s interest in the property; and

   (c)  the day the Crown begins to use the property for Crown purposes.

   (12)  Subsections 242 (3) and (4) of the Act are repealed and the following substituted:

Notice of proceeding

   (3)  A person who commences an action, suit or other proceeding against a corporation after its dissolution shall,

  (a)  serve the writ or other document by which the action, suit or other proceeding was commenced on the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 and the Public Guardian and Trustee in accordance with the rules that apply generally to service on a party to an action, suit or other proceeding; and

  (b)  deliver to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 and the Public Guardian and Trustee, along with the document served under clause (a), a notice that,

           (i)  sets out the name of the dissolved corporation,

          (ii)  explains why the action, suit or other proceeding is being commenced against the dissolved corporation, and

         (iii)  identifies any property that is referred to in the proceeding and was owned by the corporation at the time of its dissolution.

Exception, proceeding in respect of land

   (4)  A person who commences any of the following proceedings is not required to serve the writ or other document described in clause (3) (a) on or deliver the notice described in clause (3) (b) to the Public Guardian and Trustee:

    1.  A proceeding for power of sale or foreclosure of land that is forfeited corporate real property.

    2.  An application under the Land Titles Act in respect of land that is forfeited corporate real property or land that is adjacent to forfeited corporate real property.

    3.  A proceeding claiming an interest in land that is forfeited corporate real property, if the proceeding relates solely to claiming the interest in land.

Same, proceedings for power of sale

   (5)  A person who is required to serve a writ or other document under clause (3) (a) in connection with a proceeding for power of sale shall do so in accordance with the notice requirements under the Mortgages Act.

Definition

   (6)  In this section,

“forfeited corporate property”, “forfeited corporate personal property” and “forfeited corporate real property” have the same meaning as in the Forfeited Corporate Property Act, 2015.

Definition

   (7)  In this section and section 244,

“proceeding” includes a power of sale proceeding relating to land commenced pursuant to a charge or mortgage.

   (13)  Subsection 244 (1) of the Act is repealed and the following substituted:

Forfeiture of undisposed property

   (1)  If a corporation is dissolved, any of its property that has not been disposed of on the date of dissolution immediately forfeits to and vests in the Crown.

   (14)  Subsection 244 (2) of the Act is amended by,

  (a)  striking out “Despite subsection (1)” at the beginning and substituting “Despite subsection (1) and subject to subsections 242 (1.1) and (1.2)”; and

  (b)  striking out “subsection 242 (3) or (4)” in the portion before clause (a) and substituting “subsection 242 (3) or (5)”.

   (15)  Subsection 244 (4) of the Act is repealed and the following substituted:

Power of sale proceeding completed after dissolution

   (4)  Despite subsection (2), if a person commences a power of sale proceeding relating to land before the dissolution of a corporation but the sale of the land is not completed until after the dissolution,

  (a)  title to the land may be transferred to a purchaser free of the interest acquired by the Crown under subsection (1); and

  (b)  the person is not required to serve the writ or other document described in clause 242 (3) (a) or deliver the notice described in clause 242 (3) (b) but shall serve a notice of the proceeding on the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 promptly after learning of the corporation’s dissolution, and in any event within 15 days after the day the land is transferred.

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

Regulations, transition

   272.1  The Lieutenant Governor in Council may make regulations providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of section 44 of the Forfeited Corporate Property Act, 2015.

   (17)  Section 272.1 of the Act, as enacted by subsection (16), is repealed.

   (18)  Clause 273 (1) (b) of the Act is amended by striking out “241 (5)” in the portion before subclause (i) and substituting “241 (9)”.

   (19)  Clause 273 (4) (b) of the Act is amended by striking out “241 (5)” in the portion before subclause (i) and substituting “241 (9)”.

City of Toronto Act, 2006

   45.  (1)  Subsection 344 (3) of the City of Toronto Act, 2006 is repealed and the following substituted:

Escheated land

   (3)  This section applies to land that is vested in the Crown because of an escheat or forfeiture as a result of the dissolution of a corporation before or after the registration of a tax arrears certificate, and that land may be sold under this Act for tax arrears.

Limits on registration

   (3.1)  No tax arrears certificate may be registered against title to land if,

  (a)  an order cancelling encumbrances against the land under section 18 of the Forfeited Corporate Property Act, 2015 is registered on title to the land; or

  (b)  a noticeunder section 24 of the Forfeited Corporate Property Act, 2015, indicating that the Crown intends to use the property for Crown purposes, is registered on title to the land.

Exception

   (3.2)  Clause (3.1) (a) does not apply if the Minister responsible for the Forfeited Corporate Property Act, 2015 consents to the registration of the tax arrears certificate.

   (2)  The French version of paragraph 1 of subsection 345 (1) of the Act is amended by striking out “qui fait l’objet d’une cotisation à l’égard du bien-fonds” and substituting “du bien-fonds inscrit au rôle d’évaluation”.

   (3)  Subsection 345 (1) of the Act is amended by adding the following paragraphs:

    4.  Where the assessed owner of the land is shown as the Crown as a result of an escheat or forfeiture, to,

            i.  every person who is named, as a director or officer of the corporation whose dissolution resulted in the Crown becoming the assessed owner, in the most recent notice or return filed under the Corporations Information Act or in the corporation’s articles or letters patent, whichever was most current as of the day before the dissolution, and

           ii.  the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015.

    5.  Where the treasurer is aware that the corporation that is shown as the assessed owner of the land is dissolved, to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015.

   (4)  Section 346 of the Act is amended by adding the following subsection:

Exception for forfeited corporate land

   (6)  Subsection (3) does not apply to land that is vested in the Crown because of an escheat or forfeiture as a result of the dissolution of a corporation.

   (5)  Section 350 of the Act is amended by adding the following subsection:

Notice of registration

   (6.1)  Within 15 days after a tax deed or notice of vesting is registered, the treasurer shall send notice of the registration to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015.

   (6)  Clause 350 (7) (b) of the Act is repealed and the following substituted:

  (b)  any estates and interests of the Crown in right of Canada or in right of Ontario other than an estate or interest in the land that is vested in the Crown in right of Ontario because of an escheat or forfeiture as a result of the dissolution of a corporation;

   (7)  Section 351 of the Act is amended by adding the following subsection:

Same

   (1.1)  If land that was vested in the Crown in right of Ontario because of an escheat or forfeiture as a result of the dissolution of a corporation is sold under section 350, the Crown shall not be excluded under clause (1) (b) in respect of interests that the Crown has in the land other than its ownership.

   (8)  Subsection 351 (3) of the Act is amended by striking out “Public Guardian and Trustee and to” and substituting “Public Guardian and Trustee, to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 and to”.

   (9)  Clause 351 (6) (a) of the Act is repealed and the following substituted:

  (a)  to the Crown in right of Ontario if, at the time of the registration of a tax arrears certificate, the land was vested in the Crown because of an escheat or forfeiture as a result of the dissolution of a corporation; or

   (10)  Clause 351 (6.1) (a) of the Act is amended by striking out “Public Guardian and Trustee” and substituting “Crown in right of Ontario”.

   (11)  Subsection 351 (7) of the Act is amended by striking out “The Public Guardian and Trustee” at the beginning and substituting “The Public Guardian and Trustee, the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015”.

   (12)  Subsection 351 (8) of the Act is amended by striking out “the Public Guardian and Trustee or the City under subsection (6)” and substituting “the Crown or the City under subsection (6) or (6.1)”.

   (13)  Subsection 351 (9) of the Act is amended by striking out “subsection (6)” and substituting “subsection (6) or (6.1)”.

   (14)  Subsection 351.1 (3) of the Act is amended by striking out “Subsection 350 (2)” at the beginning and substituting “Subsections 350 (2) to (16)”.

   (15)  The French version of clause 352 (1) (a) of the Act is amended by striking out “propriétaire qui fait l’objet d’une cotisation à l’égard du bien-fonds” and substituting “propriétaire inscrit au rôle d’évaluation”.

   (16)  Subsection 352 (1) of the Act is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e), and by adding the following clause:

   (f)  in the case of the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, addressed to the Minister.

   (17)  Subsection 352 (3) of the Act is repealed and the following substituted:

Statement, effect

   (3)  A statement registered under subsection 350 (6) is conclusive proof of the prescribed matters that are verified in the statement.

   (18)  Section 363 of the Act is amended by adding the following subsection:

Regulations, s. 352 (3)

   (3)  The Minister may make regulations prescribing matters for the purposes of subsection 352 (3).

   (19)  The French version of subsection 364 (2) of the Act is amended by striking out “déchéance” and substituting “confiscation”.

   (20)  The French version of subsection 364 (5) of the Act is amended by striking out “déchéance” in the portion before clause (a) and substituting “confiscation”.

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

Transition, certificate registered before Forfeited Corporate Property Act, 2015

   364.1  If, before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, a tax arrears certificate is registered in respect of land, this Act as it read immediately before the coming into force of that section applies in respect of the proceedings or other steps that may be taken as a result of the registration of that certificate.

Commercial Tenancies Act

   46.  The Commercial Tenancies Act is amended by adding the following section:

Application, forfeited property etc.

   2.1  This Act does not apply with respect to a property in which the Crown in right of Ontario has an interest if one of the following circumstances applies in respect of the property:

    1.  The property was forfeited to the Crown in right of Ontario under any Ontario statute or the Criminal Code (Canada).

    2.  Possession of the property has been or may be taken in the name of the Crown in right of Ontario under the Escheats Act, 2015.

    3.  The property is forfeited corporate property to which the Forfeited Corporate Property Act, 2015 applies.

Corporations Act

   47.  (1)  Section 300 of the Corporations Act is amended by adding the following paragraph:

    5.  A register of ownership interests in land complying with section 300.1.

   (2)  Section 300 of the Act is amended by adding the following subsections:

Transition

   (2)  If a corporation is incorporated or continued under this Act or a predecessor of it before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, paragraph 5 of subsection (1) applies to the corporation on and after the second anniversary of the coming into force of that section, in respect of its ownership interests in land on and after that second anniversary.

Same

   (3)  If a corporation is incorporated or continued under this Act on or after the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, paragraph 5 of subsection (1) applies to the corporation on and after the day it is incorporated or continued, in respect of its ownership interests in land on and after the day it is incorporated or continued.

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

Register of interests in land in Ontario

   300.1  (1)  A corporation shall prepare and maintain a register of its ownership interests in land in Ontario.

Same

   (2)  The register shall,

  (a)  identify each property; and

  (b)  show the date the corporation acquired the property and, if applicable, the date the corporation disposed of it.

Supporting documents

   (3)  The corporation shall cause to be kept with the register a copy of any deeds, transfers or similar documents that contain any of the following with respect to each property listed in the register:

    1.  The municipal address, if any.

    2.  The registry or land titles division and the property identifier number.

    3.  The legal description.

    4.  The assessment roll number, if any.

   (4)  Section 301 of the Act is amended by striking out “sections 41 and 300” and substituting “section 41 and subsection 300 (1), other than a register mentioned in paragraph 5 of that subsection”.

   (5)  Section 303 of the Act is amended by striking out “sections 41 and 300” and substituting “section 41 and subsection 300 (1)”.

   (6)  Subsection 304 (1) of the Act is amended by striking out “sections 41 and 300” and substituting “section 41 and subsection 300 (1)”.

   (7)  Subsection 304 (3) of the Act is amended by striking out “any of the records mentioned in subsection (1)” and substituting “any of the records mentioned in subsection (1), except the register mentioned in paragraph 5 of subsection 300 (1)”.

   (8)  Subsection 305 (1) of the Act is amended by striking out “sections 41 and 300” and substituting “section 41 and subsection 300 (1)”.

   (9)  Subsection 309 (1) of the Act is amended by striking out “sections 41 and 300” and substituting “section 41 and subsection 300 (1)”.

   (10)  Subsections 317 (1), (2), (3), (4) and (5) of the Act are repealed and the following substituted:

Termination of existence for cause

   (1)  Where sufficient cause is shown to the Minister, despite the imposition of any other penalty for the same cause and in addition to any rights the Minister may have under this or any other Act, the Minister may by order, after giving the corporation an opportunity to be heard and upon such terms and conditions as he or she considers fit,

  (a)  cancel the letters patent of a corporation and declare it to be dissolved on such date as the order may fix;

  (b)  declare the corporate existence of a corporation incorporated otherwise than by letters patent to be terminated and the corporation to be dissolved on such date as the order may fix; or

   (c)  cancel any supplementary letters patent issued to a corporation.

Written hearing

   (2)  A hearing referred to in subsection (1) shall be in writing in accordance with the rules made by the Minister under the Statutory Powers Procedure Act.

Transition

   (3)  Subsection (2) does not apply to a hearing if the notice specifying a date for the hearing is issued before the day subsection 47 (10) of the Forfeited Corporate Property Act, 2015 comes into force.

   (11)  Subsections 317 (9) and (10) of the Act are repealed and the following substituted:

Dissolution order

   (9)  Where it appears that a corporation is in default of a filing requirement under the Corporations Information Act and that notice of such default has been sent in accordance with section 324 to the corporation or has been published once in The Ontario Gazette, the Minister may by order, after 90 days after the notice has been sent or published,

  (a)  cancel the letters patent of the corporation and declare it to be dissolved on such date as the order may fix; or

  (b)  declare the corporate existence of the corporation, if it was incorporated otherwise than by letters patent, to be terminated and the corporation to be dissolved on such date as the order may fix.

Order revoking dissolution order

   (10)  The Minister shall make an order revoking a dissolution order made under subsection (9) if,

  (a)  the corporation was dissolved under subsection (9) or a predecessor of it and has not been revived under subsection (14); and

  (b)  the Minister receives from the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee notice that, in his or her opinion, the revocation would be in the public interest.

Objections

   (11)  The Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee shall not give a notice under clause (10) (b) if the Minister as defined in section 1 objects to the giving of the notice.

Effect of order under subs. (10)

   (12)  If an order is made under subsection (10),

  (a)  the order is effective on the date fixed in the order and the corporation is revived on that date;

  (b)  the corporation is deemed for all purposes never to have been dissolved, subject to the rights, if any, acquired by any person during the period of dissolution; and

   (c)  subject to subsection (13), the Minister may give the corporation a new notice of default as mentioned in subsection (9) if the corporation does not remedy the default identified in the original notice of default or for any other default.

Consultation before giving new notice

   (13)  Within the 10-year period after a dissolution order is revoked under subsection (10), the Minister shall not send or publish a new notice of default as mentioned in subsection (9) without first consulting with the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee, whichever one gave the notice described in clause (10) (b).

Revival

   (14)  Where a corporation is dissolved under subsection (9) or a predecessor of it, the Minister may, in his or her discretion, on the application of any interested person, revive the corporation by order and upon revival, the corporation shall be deemed for all purposes never to have been dissolved, subject to,

  (a)  subsection (15) or (16), as the case may be;

  (b)  any terms and conditions the Minister sees fit to impose in respect of the revival; and

   (c)  the rights, if any, acquired by any person during the period of dissolution.

Effect of revival on forfeited corporate property

   (15)  If a corporation that was dissolved under subsection (9) or a predecessor of it before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force is revived under subsection (14) on or after the third anniversary of the coming into force of that section, any property that forfeited to and vested in the Crown when the corporation dissolved remains forfeited to and vested in the Crown and shall not be returned to the corporation except in the manner provided in the Forfeited Corporate Property Act, 2015 or in the Escheats Act, 2015.

Same

   (16)  If a corporation that was dissolved under subsection (9) or a predecessor of it on or after the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force is revived under subsection (14) on or after the third anniversary of the corporation’s dissolution, any property that forfeited to and vested in the Crown when the corporation dissolved remains forfeited to and vested in the Crown and shall not be returned to the corporation except in the manner provided in the Forfeited Corporate Property Act, 2015 or in the Escheats Act, 2015.

   (12)  Subsections 318 (1) and (2) of the Act are repealed and the following substituted:

Proceedings after dissolution

   (1)  Despite the dissolution of a corporation under this Act,

  (a)  a civil, criminal, administrative, investigative or other action or proceeding commenced by or against the corporation before its dissolution may be continued as if it had not been dissolved;

  (b)  a civil, criminal, administrative, investigative or other action or proceeding may be brought against the corporation as if it had not been dissolved;

   (c)  property that would have been available to satisfy a judgment, order or decision if the corporation had not been dissolved remains available for that purpose, subject to subsections (2) and (2.1); and

  (d)  land belonging to the corporation immediately before its dissolution remains available to be sold in power of sale proceedings, subject to subsection (2).

Exception, forfeited corporate property

   (2)  Property that is forfeited corporate property is no longer available to satisfy a judgment, order or decision against the corporation or to be sold in power of sale proceedings after the earliest of,

  (a)  the day the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 disposes of Crown’s interest in the property;

  (b)  the day an order cancelling encumbrances against the property under section 18 of the Forfeited Corporate Property Act, 2015 takes effect;

   (c)  in the case of real property, the day a notice is registered on title to the property under section 24 of the Forfeited Corporate Property Act, 2015, indicating that the Crown intends to use the property for Crown purposes; and

  (d)  in the case of personal property, the day the Crown begins to use the property for Crown purposes.

Exception, Escheats Act, 2015

   (2.1)  Property to which the Escheats Act, 2015 applies is no longer available to satisfy a judgment, order or decision against the corporation or to be sold in power of sale proceedings after the earliest of,

  (a)  the day the Public Guardian and Trustee takes possession of the property;

  (b)  the day the Public Guardian and Trustee disposes of the Crown’s interest in the property; and

   (c)  the day the Crown begins to use the property for Crown purposes.

Definition

   (2.2)  In this section,

“forfeited corporate property”, “forfeited corporate personal property” and “forfeited corporate real property” have the same meaning as in the Forfeited Corporate Property Act, 2015.

Definition

   (2.3)  In this section and section 322,

“proceeding” includes a power of sale proceeding relating to land commenced pursuant to a charge or mortgage.

   (13)  Subsections 318 (4) and (5) of the Act are repealed and the following substituted:

Notice of proceeding

   (4)  A person who commences an action, suit or other proceeding against a corporation after its dissolution shall,

  (a)  serve the writ or other document by which the action, suit or other proceeding was commenced on the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 and the Public Guardian and Trustee in accordance with the rules that apply generally to service on a party to an action, suit or other proceeding; and

  (b)  deliver to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 and the Public Guardian and Trustee, along with the document served under clause (a), a notice that,

           (i)  sets out the name of the dissolved corporation,

          (ii)  explains why the action, suit or other proceeding is being commenced against the dissolved corporation, and

         (iii)  identifies any property that is referred to in the proceeding and was owned by the corporation at the time of its dissolution.

Exception, proceedings in respect of land

   (5)  A person who commences any of the following proceedings is not required to serve the writ or other document described in clause (4) (a) on or deliver the notice described in clause (4) (b) to the Public Guardian and Trustee:

    1.  A proceeding for power of sale or foreclosure of land that is forfeited corporate real property.

    2.  An application under the Land Titles Act in respect of land that is forfeited corporate real property or land that is adjacent to forfeited corporate real property.

    3.  A proceeding claiming an interest in land that is forfeited corporate real property, if the proceeding relates solely to claiming the interest in land.

Same, proceedings for power of sale

   (6)  A person who is required to serve a writ or other document under clause (4) (a) in connection with a proceeding for power of sale shall do so in accordance with the notice requirements under the Mortgages Act.

   (14)  Subsection 319 (1) of the Act is amended by striking out “and” at the end of clause (c) and by adding the following clause:

(c.1) if it was at any time a registered owner of land in Ontario, that it is no longer a registered owner of land in Ontario; and

   (15)  Section 319 of the Act is amended by adding the following subsection:

Exception, registered owner of land

   (2.1)  Despite subsection (1), the Lieutenant Governor may refuse to accept the surrender of the charter if the Lieutenant Governor learns that the corporation is a registered owner of land in Ontario.

   (16)  Subsection 322 (1) of the Act is repealed and the following substituted:

Forfeiture of undisposed property

   (1)  If a corporation is dissolved, any of its property that has not been disposed of on the date of dissolution immediately forfeits to and vests in the Crown.

   (17)  Subsection 322 (2) of the Act is amended by,

  (a)  striking out “Despite subsection (1)” at the beginning and substituting “Despite subsection (1) and subject to subsections 318 (2) and (2.1)”; and

  (b)  striking out “subsection 318 (4) or (5)” and substituting “subsection 318 (4) or (6)”.

   (18)  Subsection 322 (3) of the Act is repealed and the following substituted:

Power of sale proceeding completed after dissolution

   (3)  Despite subsection (2), if a person commences a power of sale proceeding relating to land before the dissolution of a corporation but the sale of the land is not completed until after the dissolution,

  (a)  title to the land may be transferred to a purchaser free of the interest acquired by the Crown under subsection (1); and

  (b)  the person is not required to serve the writ or other document described in clause 318 (4) (a) or deliver the notice described in clause 318 (4) (b) but shall serve a notice of the proceeding on the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 promptly after learning of the corporation’s dissolution, and in any event within 15 days after the day the land is transferred.

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

Regulations, transition

   327.1  The Lieutenant Governor in Council may make regulations providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of section 47 of the Forfeited Corporate Property Act, 2015.

   (20)  Section 327.1 of the Act, as enacted by subsection (19), is repealed.

Financial Administration Act

   48.  The definition of “penalty” in subsection 5.1 (1) of the Financial Administration Act is amended by striking out “any public work producing tolls or revenue” and substituting “any Government property, within the meaning of the Ministry of Infrastructure Act, 2011, producing tolls or revenue”.

Housing Development Act

   49.  Subsection 8 (2) of the Housing Development Act is amended by striking out “a public work” and substituting “Government property”.

Metrolinx Act, 2006

   50.  (1)  Subsection 39.1 (1) of the Metrolinx Act, 2006 is amended by striking out “deemed to be a public work under the Ministry of Infrastructure Act, 2011 and, despite section 11 (Public works vested in Crown) of that Act” and substituting “deemed to be Government property under the Ministry of Infrastructure Act, 2011 and, despite section 11 (Government property vested in Crown) of that Act”.

   (2)  Subsection 39.1 (2) of the Act is amended by striking out “Section 8 (Procurement policies, public works)” at the beginning and substituting “Section 8 (Procurement policies, Government property)”.

Ministry of Infrastructure Act, 2011

   51.  (1)  The definition of “commodities” in section 1 of the Ministry of Infrastructure Act, 2011 is repealed.

   (2)  Clause (c) of the definition of “Government” in section 1 of the Act is repealed and the following substituted:

   (c)  a Crown agency, other than a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, and

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

“Government property” means property described in section 1.1; (“biens du gouvernement”)

   (4)  The definition of “public sector organization” in section 1 of the Act is repealed and the following substituted:

“public sector organization” means,

  (a)  a municipality within the meaning of the Municipal Act, 2001,

  (b)  a local board, as defined in subsection 1 (1) of the Municipal Act, 2001,

   (c)  a board, as defined in subsection 1 (1) of the Education Act,

  (d)  a post-secondary educational institution in Ontario that receives regular operating funding from the Government,

  (e)  a hospital within the meaning of the Public Hospitals Act,

   (f)  a board of health, as defined in subsection 1 (1) of the Health Protection and Promotion Act,

  (g)  such other persons and entities, including the Office of the Assembly and the offices of officers of the Assembly, as may be prescribed for the purposes of this definition. (“organisation du secteur public”)

   (5)  The definition of “public work” in section 1 of the Act is repealed.

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

Government property

   1.1  (1)  For the purposes of this Act, land or interests in land, and fixtures or interests in fixtures installed or placed in or used in connection with the land, are Government property if they belong to the Government.

Same, certain buildings and structures

   (2)  For the purposes of this Act, a building or structure or an interest in a building or structure is also Government property if,

  (a)  the building, structure or interest is owned separately from the land on which the building or structure is located; and

  (b)  the building, structure or interest belongs to the Government.

Method of acquisition not affecting status

   (3)  Property described in this section as Government property has that status regardless of how it vested in the Crown.

Commodities, furnishings and equipment

   (4)  For greater certainty, commodities, furnishings and equipment referred to in the Ministry of Government Services Act are not Government property for the purposes of this Act.

   (7)  Clauses 7 (1) (a), (d), (e), (f) and (g) of the Act are repealed and the following substituted:

  (a)  review matters relating to infrastructure and to Government property on a continuing basis with regard to Ontario’s short-term and long-term goals and needs in respect of infrastructure and Government property;

.     .     .     .     .

  (d)  make recommendations for the effective co-ordination and development, within Government, of infrastructure and Government property;

  (e)  make recommendations regarding priorities for infrastructure and Government property;

   (f)  establish policies relating to infrastructure and Government property;

  (g)  engage in the planning and development of infrastructure and Government property;

   (8)  Clause 7 (2) (a) of the Act is repealed and the following substituted:

  (a)  acquiring land, buildings and structures or interests in land, buildings and structures;

(a.1) disposing of or leasing Government property;

   (9)  Clause 7 (2) (b) of the Act is amended by striking out “public works” and substituting “Government property”.

   (10)  Clause 7 (2) (c) of the Act is repealed and the following substituted:

   (c)  deciding which Government properties or parts of Government properties should be open to the public, and managing and administering those properties or parts, including,

           (i)  regulating vehicular and pedestrian traffic,

          (ii)  reserving for a limited use all or part of any building or structure that is Government property, and

         (iii)  fixing and collecting fees for parking in any area set aside for parking in, on or under Government property.

   (11)  Paragraphs 1 and 2 of subsection 7 (5) of the Act are amended by striking out “a public work” wherever it appears and substituting in each case “Government property”.

   (12)  Section 8 of the Act is amended by striking out “a public work” and substituting “Government property”.

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

Acquiring and disposing of property

Acquiring property

   9.  (1)  For the purposes of exercising the responsibilities and authorities set out in section 7, the Minister may acquire, by purchase, lease or otherwise, for the use or purposes of the Government, land, buildings and structures, or interests in land, buildings and structures.

Acquiring property on request

   (2)  If requested by the Government or by a public sector organization, the Minister may acquire, by purchase, lease or otherwise, for the use or purposes of the Government or the public sector organization, land, buildings and structures, or interests in land, buildings and structures.

Holding Government property

   (3)  The Minister may hold Government property for the use or purposes of,

  (a)  the Government, if the property was acquired for the purposes mentioned in subsection (1); or

  (b)  the Government or the public sector organization that requested the acquisition of the property, if the property was acquired as a result of a request mentioned in subsection (2).

Disposing of Government property

   (4)  The Minister may dispose of Government property by sale, lease or otherwise,

  (a)  when the property is no longer required for the use or purposes of the Government, if the property was acquired for the purposes mentioned in subsection (1); or

  (b)  when the property is no longer required for the use or purposes of the Government or the public sector organization that requested the acquisition of the property, if the property was acquired as a result of a request mentioned in subsection (2).

Dispositions subject to approval

   (5)  A disposition of Government property by the Minister or by a Crown agency to which the Minister has delegated his or her authority under subsection 19 (2) is subject to the approval of the Lieutenant Governor in Council.

Exceptions

   (6)  Subsection (5) does not apply to,

  (a)  a grant of a lease for a term of less than 21 years;

  (b)  a grant of easement;

   (c)  a disposition of Government property described in subsection 1.1 (2); or

  (d)  a disposition made under the Forfeited Corporate Property Act, 2015.

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

Government property vested in Crown

   11.  Except as otherwise provided in any other Act or by order of the Lieutenant Governor in Council, all Government property is vested in the Crown and is under the Minister’s control.

   (15)  Subsection 11.1 (1) of the Act is repealed and the following substituted:

Transfer of control

   (1)  The Minister may, by order, transfer to another Minister or to a Crown agency jurisdiction over, or administration or control of, any Government property described in subsection 1.1 (1) that is under the Minister’s control.

   (16)  Subsection 12 (1) of the Act is amended by striking out “any public work” and substituting “Government property”.

   (17)  Section 15 of the Act is amended by striking out “commodities and”.

   (18)  Paragraph 3 of subsection 19 (2) of the Act is repealed and the following substituted:

    3.  Subsections 9 (1), (2), (3) and (4).

   (19)  Subsection 19 (3) of the Act is repealed and the following substituted:

Same

   (3)  The Minister may in writing delegate his or her responsibility or authority under subsection 7 (5), subject to the terms and conditions that the Minister sets out in the delegation, to,

  (a)  the Ontario Infrastructure and Lands Corporation; or

  (b)  if the Minister of Finance approves, any other Crown agency for which the Minister is responsible.

Same, Forfeited Corporate Property Act, 2015

   (3.1)  The Minister may in writing delegate any responsibility or authority given to the Minister under the Forfeited Corporate Property Act, 2015 to a Crown agency for which the Minister is responsible, subject to the terms and conditions that the Minister sets out in the delegation.

Mortgages Act

   52.  (1)  The Mortgages Act is amended by adding the following section:

Exception, forfeited corporate property

   27.1  In the case of the sale of forfeited corporate real property within the meaning of the Forfeited Corporate Property Act, 2015, the money arising from the sale shall be applied in accordance with section 27 except that the residue shall be paid to the Crown rather than to the mortgagor.

   (2)  Subsection 31 (1) of the Act is amended by adding the following paragraph:

    5.  Where the last registered owner of the mortgaged property is a dissolved corporation, to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015.

Municipal Act, 2001

   53.  (1)  Subsection 373 (3) of the Municipal Act, 2001 is repealed and the following substituted:

Escheated land

   (3)  This section applies to land that is vested in the Crown because of an escheat or forfeiture as a result of the dissolution of a corporation before or after the registration of a tax arrears certificate, and that land may be sold under this Act for tax arrears.

Limits on registration

   (3.1)  No tax arrears certificate may be registered against title to land if,

  (a)  an order cancelling encumbrances against the land under section 18 of the Forfeited Corporate Property Act, 2015 is registered on title to the land; or

  (b)  a noticeunder section 24 of the Forfeited Corporate Property Act, 2015, indicating that the Crown intends to use the property for Crown purposes, is registered on title to the land.

Exception

   (3.2)  Clause (3.1) (a) does not apply if the Minister responsible for the Forfeited Corporate Property Act, 2015 consents to the registration of the tax arrears certificate.

   (2)  The French version of paragraph 1 of subsection 374 (1) of the Act is amended by striking out “qui fait l’objet d’une cotisation à l’égard du bien-fonds” and substituting “du bien-fonds inscrit au rôle d’évaluation”.

   (3)  Subsection 374 (1) of the Act is amended by adding the following paragraphs:

    4.  Where the assessed owner of the land is shown as the Crown as a result of an escheat or forfeiture, to,

            i.  every person who is named, as a director or officer of the corporation whose dissolution resulted in the Crown becoming the assessed owner, in the most recent notice or return filed under the Corporations Information Act or in the corporation’s articles or letters patent, whichever was most current as of the day before the dissolution, and

           ii.  the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015.

    5.  Where the treasurer is aware that the corporation that is shown as the assessed owner of the land is dissolved, to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015.

   (4)  Section 375 of the Act is amended by adding the following subsection:

Exception for certain land

   (3.1)  Subsection (3) does not apply to land that is vested in the Crown because of an escheat or forfeiture as a result of the dissolution of a corporation.

   (5)  Section 379 of the Act is amended by adding the following subsection:

Notice of registration

   (6.1)  Within 15 days after a tax deed or notice of vesting is registered, the treasurer shall send notice of the registration to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015.

   (6)  Clause 379 (7) (b) of the Act is repealed and the following substituted:

  (b)  any estates and interests of the Crown in right of Canada or in right of Ontario other than an estate or interest in the land that is vested in the Crown in right of Ontario because of an escheat or forfeiture as a result of the dissolution of a corporation;

   (7)  Section 380 of the Act is amended by adding the following subsection:

Same

   (1.1)  If land that was vested in the Crown in right of Ontario because of an escheat or forfeiture as a result of the dissolution of a corporation is sold under section 379, the Crown shall not be excluded under clause (1) (b) in respect of interests that the Crown has in the land other than its ownership.

   (8)  Subsection 380 (3) of the Act is amended by striking out “Public Guardian and Trustee” and substituting “Public Guardian and Trustee, to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015”.

   (9)  Clause 380 (6) (a) of the Act is repealed and the following substituted:

  (a)  to the Crown in right of Ontario if, at the time of the registration of a tax arrears certificate, the land was vested in the Crown because of an escheat or forfeiture as a result of the dissolution of a corporation; or

   (10)  Clause 380 (6.1) (a) of the Act is amended by striking out “Public Guardian and Trustee” and substituting “Crown in right of Ontario”.

   (11)  Subsection 380 (7) of the Act is amended by striking out “The Public Guardian and Trustee” at the beginning and substituting “The Public Guardian and Trustee, the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015”.

   (12)  Subsection 380 (8) of the Act is amended by striking out “the Public Guardian and Trustee or the municipality under subsection (6)” and substituting “the Crown or the municipality under subsection (6) or (6.1)”.

   (13)  Subsection 380 (9) of the Act is amended by striking out “subsection (6)” and substituting “subsection (6) or (6.1)”.

   (14)  Subsection 380.1 (3) of the Act is amended by striking out “379 (2)” and substituting “379 (2) to (16)”.

   (15)  The French version of clause 381 (1) (a) of the Act is amended by striking out “propriétaire qui fait l’objet d’une cotisation à l’égard du bien-fonds” and substituting “propriétaire inscrit au rôle d’évaluation”.

   (16)  Subsection 381 (1) of the Act is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e), and by adding the following clause:

   (f)  in the case of the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, addressed to the Minister.

   (17)  Subsection 381 (3) of the Act is repealed and the following substituted:

Statement, effect

   (3)  A statement registered under subsection 379 (6) is conclusive proof of the prescribed matters that are verified in the statement.

   (18)  Section 387 of the Act is amended by adding the following subsection:

Regulations, subsection 381 (3)

   (3)  The Minister may make regulations prescribing matters for the purposes of subsection 381 (3).

   (19)  The French version of subsection 388 (2) of the Act is amended by striking out “déchéance” and substituting “confiscation”.

   (20)  The French version of subsection 388 (5) of the Act is amended by striking out “déchéance” in the portion before clause (a) and substituting “confiscation”.

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

Transition, certificate registered before Forfeited Corporate Property Act, 2015

   388.1  If, before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, a tax arrears certificate is registered in respect of land, this Act as it read immediately before the coming into force of that section applies in respect of the proceedings or other steps that may be taken as a result of the registration of that certificate.

Niagara Parks Act

   54.  Subsection 8 (1) of the Niagara Parks Act is amended by striking out “a public work” and substituting “Government property”.

Not-for-Profit Corporations Act, 2010

   55.  (1)  Subsection 92 (1) of the Not-for-Profit Corporations Act, 2010 is amended by striking out “and” at the end of clause (h), by adding “and” at the end of clause (i) and by adding the following clause:

    (j)  a register of ownership interests in land complying with section 92.1.

   (2)  Section 92 of the Act is amended by adding the following subsection:

Transition

   (4)  If a corporation is incorporated or continued under this Act or a predecessor of it, clause (1) (j) applies to the corporation in respect of its ownership interests in land in accordance with the following rules:

    1.  If the corporation is incorporated or continued before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, clause (1) (j) applies on and after the later of the following days:

            i.  The second anniversary of the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force.

           ii.  The day subsection 4 (1) of this Act comes into force.

    2.  If the corporation is incorporated or continued on or after the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, clause (1) (j) applies on and after the later of the following days:

            i.  The day the corporation is incorporated or continued.

           ii.  The day subsection 4 (1) of this Act comes into force.

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

Register of interests in land in Ontario

   92.1  (1)  A corporation shall prepare and maintain at its registered office a register of its ownership interests in land in Ontario.

Same

   (2)  The register shall,

  (a)  identify each property; and

  (b)  show the date the corporation acquired the property and, if applicable, the date the corporation disposed of it.

Supporting documents

   (3)  The corporation shall cause to be kept with the register a copy of any deeds, transfers or similar documents that contain any of the following with respect to each property listed in the register:

    1.  The municipal address, if any.

    2.  The registry or land titles division and the property identifier number.

    3.  The legal description.

    4.  The assessment roll number, if any.

   (4)  Section 93 of the Act is amended by adding the following subsection:

Same

   (2.1)  A corporation shall keep the register described in clause 92 (1) (j) at the corporation’s registered office.

   (5)  Section 93 of the Act is amended by adding the following subsection:

Exception

   (4)  Subsection (3) does not apply to records in respect of the register described in clause 92 (1) (j).

   (6)  Subsection 95 (1) of the Act is amended by striking out “(g) and (h)” and substituting “(g), (h) and (j)”.

   (7)  Subsection 167 (1) of the Act is amended by striking out “and” at the end of sub-subclause (d) (ii) (B) and by adding the following clause:

(d.1) if it was at any time a registered owner of land in Ontario, that it is no longer a registered owner of land in Ontario; and

   (8)  Section 168 of the Act is amended by adding the following subsection:

Exception, registered owner of land

   (2)  Despite subsection (1), the Director may refuse to endorse the articles of dissolution if the Director learns that the corporation is a registered owner of land in Ontario.

   (9)  Section 169 of the Act is amended by adding the following subsections:

Written hearing

   (2)  A hearing referred to in subsection (1) shall be in writing in accordance with the rules made by the Director under the Statutory Powers Procedure Act.

Transition

   (3)  Subsection (2) does not apply to a hearing if the notice specifying a date for the hearing is issued before the later of the following days:

    1.  The day section 2 of the Forfeited Corporate Property Act, 2015 comes into force.

    2.  The day subsection 4 (1) of this Act comes into force.

   (10)  Subsection 170 (2) of the Act is repealed and the following substituted:

Dissolution order

   (2)  Upon default in compliance with the notice given under subsection (1), the Director may by order cancel the certificate of incorporation and, subject to subsections (2.1) and (3), the corporation is dissolved on the date fixed in the order.

Order revoking dissolution order

   (2.1)  The Director shall make an order revoking a dissolution order made under subsection (2) if,

  (a)  the corporation was dissolved under subsection (2) or a predecessor of it and has not been revived under subsection (3); and

  (b)  the Director receives from the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 or the Public Guardian and Trustee notice that, in his or her opinion, the revocation would be in the public interest.

Objections

   (2.2)  The Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 or the Public Guardian and Trustee shall not give a notice under clause (2.1) (b) if the Minister as defined in subsection 1 (1) objects to the giving of the notice.

Effect of order under subs. (2.1)

   (2.3)  If an order is made under subsection (2.1),

  (a)  the order is effective on the date fixed in the order and the corporation is revived on that date;

  (b)  the corporation is deemed for all purposes never to have been dissolved, subject to the rights, if any, acquired by any person during the period of dissolution; and

   (c)  subject to subsection (2.4), the Director may give the corporation a new notice of dissolution under subsection (1) if the corporation does not remedy the default identified in the original notice or for any other default.

Consultation before issuing new notice

   (2.4)  Within the 10-year period after a dissolution order is revoked under subsection (2.1), the Director shall not give a new notice to the corporation under clause (2.3) (c) without first consulting with the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 or the Public Guardian and Trustee, whichever one gave the notice described in clause (2.1) (b).

   (11)  Subsection 170 (3) of the Act is repealed and the following substituted:

Revival

   (3)  Where a corporation is dissolved under subsection (2) or a predecessor of it, the Director may, in his or her discretion, on the application of any interested person, revive the corporation; upon revival, the corporation shall be deemed for all purposes never to have been dissolved, subject to,

  (a)  subsection (3.1) or (3.2), as the case may be;

  (b)  any terms and conditions the Director sees fit to impose in respect of the revival; and

   (c)  the rights, if any, acquired by any person during the period of dissolution.

Effect of revival on forfeited corporate property

   (3.1)  If a corporation that was dissolved under subsection (2) or a predecessor of it before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force is revived under subsection (3) on or after the third anniversary of the coming into force of that section, any property that forfeited to and vested in the Crown when the corporation dissolved remains forfeited to and vested in the Crown and shall not be returned to the corporation except in the manner provided in the Forfeited Corporate Property Act, 2015 or in the Escheats Act, 2015.

Same

   (3.2)  If a corporation that was dissolved under subsection (2) or a predecessor of it on or after the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force is revived under subsection (3) on or after the third anniversary of the corporation’s dissolution, any property that forfeited to and vested in the Crown when the corporation dissolved remains forfeited to and vested in the Crown and shall not be returned to the corporation except in the manner provided in the Forfeited Corporate Property Act, 2015 or in the Escheats Act, 2015.

   (12)  Subsection 171 (1) of the Act is repealed and the following substituted:

Proceedings after dissolution

   (1)  Despite the dissolution of a corporation under this Act,

  (a)  a civil, criminal, administrative, investigative or other action or proceeding commenced by or against the corporation before its dissolution may be continued as if it had not been dissolved;

  (b)  a civil, criminal, administrative, investigative or other action or proceeding may be brought against the corporation as if it had not been dissolved;

   (c)  property that would have been available to satisfy a judgment, order or decision if the corporation had not been dissolved remains available for that purpose, subject to subsections (1.1) and (1.2); and

  (d)  land belonging to the corporation immediately before the dissolution remains available to be sold in power of sale proceedings, subject to subsection (1.1).

Exception, forfeited corporate property

   (1.1)  Property that is forfeited corporate property is no longer available to satisfy a judgment, order or decision against the corporation or to be sold in power of sale proceedings after the earliest of,

  (a)  the day the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 disposes of the Crown’s interest in the property;

  (b)  the day an order cancelling encumbrances against the property under section 18 of the Forfeited Corporate Property Act, 2015 takes effect;

   (c)  in the case of real property, the day a notice is registered on title to the property under section 24 of the Forfeited Corporate Property Act, 2015, indicating that the Crown intends to use the property for Crown purposes; and

  (d)  in the case of personal property, the day the Crown begins to use the property for Crown purposes.

Exception, Escheats Act, 2015

   (1.2)  Property to which the Escheats Act, 2015 applies is no longer available to satisfy a judgment, order or decision against the corporation or to be sold in power of sale proceedings after the earliest of,

  (a)  the day the Public Guardian and Trustee takes possession of the property;

  (b)  the day the Public Guardian and Trustee disposes of the Crown’s interest in the property; and

   (c)  the day the Crown begins to use the property for Crown purposes.

   (13)  Subsections 171 (3), (4) and (5) of the Act are repealed and the following substituted:

Notice of proceeding

   (3)  A person who commences an action, suit or other proceeding against a corporation after its dissolution shall,

  (a)  serve the writ or other document by which the action, suit or other proceeding was commenced on the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 and the Public Guardian and Trustee in accordance with the rules that apply generally to service on a party to an action, suit or other proceeding; and

  (b)  deliver to the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 and the Public Guardian and Trustee, along with the document served under clause (a), a notice that,

           (i)  sets out the name of the dissolved corporation,

          (ii)  explains why the action, suit or other proceeding is being commenced against the dissolved corporation, and

         (iii)  identifies any property that is referred to in the proceeding and was owned by the corporation at the time of its dissolution.

Exception, proceedings in respect of land

   (4)  A person who commences any of the following proceedings is not required to serve the writ or other document described in clause (3) (a) on or deliver the notice described in clause (3) (b) to the Public Guardian and Trustee:

    1.  A proceeding for power of sale or foreclosure of land that is forfeited corporate real property.

    2.  An application under the Land Titles Act in respect of land that is forfeited corporate real property or land that is adjacent to forfeited corporate real property.

    3.  A proceeding claiming an interest in land that is forfeited corporate real property, if the proceeding relates solely to claiming the interest in land.

Same, proceedings for power of sale

   (5)  A person who is required to serve a writ or other document under clause (3) (a) in connection with a proceeding for power of sale shall do so in accordance with the notice requirements under the Mortgages Act.

Definition

   (6)  In this section,

“forfeited corporate property”, “forfeited corporate personal property” and “forfeited corporate real property” have the same meaning as in the Forfeited Corporate Property Act, 2015.

Definition

   (7)  In this section and section 173,

“proceeding” includes a power of sale proceeding relating to land commenced pursuant to a charge or mortgage.

   (14)  Subsection 173 (1) of the Act is repealed and the following substituted:

Forfeiture of undisposed property

   (1)  If a corporation is dissolved, any of its property that has not been disposed of on the date of dissolution immediately forfeits to and vests in the Crown.

   (15)  Subsection 173 (2) of the Act is amended by,

  (a)  striking out “Despite subsection (1)” at the beginning and substituting “Despite subsection (1) and subject to subsections 171 (1.1) and (1.2)”; and

  (b)  striking out “subsection 171 (3) or (4)” and substituting “subsection 171 (3) or (5)”.

   (16)  Subsection 173 (4) of the Act is repealed and the following substituted:

Power of sale proceeding completed after dissolution

   (4)  Despite subsection (2), if a person commences a power of sale proceeding relating to land before the dissolution of a corporation but the sale of the land is not completed until after the dissolution,

  (a)  title to the land may be transferred to a purchaser free of the interest acquired by the Crown under subsection (1); and

  (b)  the person is not required to serve the writ or other document described in clause 171 (3) (a) or deliver the notice described in clause 171 (3) (b) but shall serve a notice of the proceeding on the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015 promptly after learning of the corporation’s dissolution, and in any event within 15 days after the day the land is transferred.

   (17)  Section 199 of the Act is amended by adding the following subsection:

Exception

   (2.1)  Subsection (2) does not apply to the register described in clause 92 (1) (j).

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

Regulations, transition

   208.1  The Lieutenant Governor in Council may make regulations providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of section 55 of the Forfeited Corporate Property Act, 2015.

   (19)  Section 208.1 of the Act, as enacted by subsection (18), is repealed.

Ontario Infrastructure and Lands Corporation Act, 2011

   56.  (1)  Clause (c) of the definition of “Government” in section 1 of the Ontario Infrastructure and Lands Corporation Act, 2011 is repealed and the following substituted:

   (c)  a Crown agency, other than a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, and

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

“Government property” has the same meaning as in the Ministry of Infrastructure Act, 2011; (“biens du gouvernement”)

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

   (4)  Paragraphs 2 and 2.1 of subsection 4 (1) of the Act are repealed and the following substituted:

    2.  To provide advice and services related to Government property, including project management, contract management and development, to the following:

            i.  The Minister.

           ii.  The Government, when directed to do so in writing by the Minister.

   (5)  Paragraphs 3 and 9 of subsection 4 (1) of the Act are amended by striking out “public works” and substituting “Government property”.

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

Exemption, Government property

   (1)  Section 8 of the Ministry of Infrastructure Act, 2011 does not apply in respect of an agreement entered into by the Corporation related to constructing, renovating, repairing or improving Government property, if the Minister so directs in writing before the agreement is entered into.

   (7)  Section 30 of the Act is amended by adding the following subsection:

Transition, corporate matters

Interpretation

   (0.1)  In this section,

“public work” has the same meaning as in the Ministry of Infrastructure Act, 2011 as it read immediately before the day section 2 of the Forfeited Corporate Property Act, 2015 came into force.

Personal Property Security Act

   57.  (1)  Section 73 of the Personal Property Security Act is repealed and the following substituted:

Conflict

   73.  (1)  Where there is a conflict between a provision of this Act and a provision of any general or special Act, the provision of this Act prevails.

Exceptions

   (2)  Despite subsection (1),

  (a)  where there is a conflict between a provision of this Act and a provision of the Consumer Protection Act, 2002, the provision of the Consumer Protection Act, 2002 prevails;

  (b)  where there is a conflict between a provision of this Act and a provision of the Forfeited Corporate Property Act, 2015, the provision of the Forfeited Corporate Property Act, 2015 prevails; and

   (c)  where there is a conflict between a provision of this Act and a provision of the Escheats Act, 2015, the provision of the Escheats Act, 2015 prevails.

   (2)  Subsection 74 (1) of the Act is amended by adding the following clause:

  (g)  providing for any transitional matter that, as a result of the coming into force of the Forfeited Corporate Property Act, 2015, the Lieutenant Governor in Council considers necessary or advisable for the effective implementation of this Act or the regulations.

   (3)  Clause 74 (1) (g) of the Act, as enacted by subsection (2), is repealed.

   (4)  The Act is amended by adding the following section before the heading to Part VII:

Regulations, Minister

   74.1  (1)  The Minister may make regulations governing registrations in respect of personal property that became the property of the Crown as a result of the dissolution of a corporation.

Same

   (2)  A regulation made under subsection (1) may specify provisions of this Act that do not apply in respect of registrations or may provide that specified provisions apply with necessary modifications.

Proceedings Against the Crown Act

   58.  (1)  Subsection 5 (5.2) of the Proceedings Against the Crown Act is amended by striking out “Subsection (5) does not” at the beginning and substituting “Subsections (5) and (5.4) do not”.

   (2)  Subsection 5 (5.3) of the Act is repealed and the following substituted:

Notice

   (5.3)  Registration of the Crown on title under subsection 12 (1) of the Forfeited Corporate Property Act, 2015 or any registration on title to land by the Public Guardian and Trustee is not notice for the purposes of clause (5.2) (b).

   (3)  Subsections 5 (5.4) and (5.5) of the Act are repealed and the following substituted:

No liability in tort

   (5.4)  Where property vests in the Crown in the manner described in subsection (5), the Crown is not liable in tort by reason of any act, neglect, default or omission of the Crown or anyone acting on its behalf or with its approval related to any of the following purposes or a purpose that is similar to the following purposes:

    1.  Investigating, securing, maintaining or managing the property.

    2.  Restoring the property to productive use, responding to complaints or preserving public health and safety.

    3.  Exercising any authority in respect of the property under the Escheats Act, 2015 or the Forfeited Corporate Property Act, 2015.

Public Lands Act

   59.  (1)  Subsection 46 (2) of the Public Lands Act is amended by striking out “a public work within the meaning of the Ministry of Infrastructure Act, 2011” and substituting “a provincial public work”.

   (2)  Section 73 of the Act is amended by striking out “Ministry of Government Services Act” and substituting “Ministry of Infrastructure Act, 2011”.

Residential Tenancies Act, 2006

   60.  Clause 5 (m) of the Residential Tenancies Act, 2006 is repealed and the following substituted:

(m)  living accommodation in a residential complex in which the Crown in right of Ontario has an interest if,

           (i)  the living accommodation or residential complex was forfeited to the Crown in right of Ontario under any Ontario statute or the Criminal Code (Canada),

          (ii)  possession of the living accommodation or residential complex has been or may be taken in the name of the Crown in right of Ontario under the Escheats Act, 2015, or

         (iii)  the living accommodation or residential complex is forfeited corporate property to which the Forfeited Corporate Property Act, 2015 applies;

St. Lawrence Parks Commission Act

   61.  Subsection 7 (1) of the St. Lawrence Parks Commission Act is amended by striking out “a public work” and substituting “Government property”.

Commencement and Short Title

Commencement

   62.  (1)  Subject to subsections (2) and (3), the Act set out in this Schedule comes into force on the first anniversary of the day the Budget Measures Act, 2015 receives Royal Assent.

Same

   (2)  The following provisions come 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 section 2 of this Act comes into force:

    1.  Section 43.

    2.  Subsections 55 (1) to (6) and (9) to (18).

Same

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

    1.  Subsections 44 (5) to (7) and (17).

    2.  Subsections 47 (14) and (20).

    3.  Subsections 55 (7), (8) and (19).

    4.  Subsection 57 (3).

Short title

   63.  The short title of the Act set out in this Schedule is the Forfeited Corporate Property Act, 2015.

SCHEDULE 8
GOVERNMENT ADVERTISING ACT, 2004

   1.  The French version of subsection 6 (3) of the Government Advertising Act, 2004 is amended by striking out “d’un député” at the end and substituting “d’un membre du Conseil exécutif ou d’un député à l’Assemblée”.

Commencement

   2.  This Schedule comes into force on the day the Budget Measures Act, 2015 receives Royal Assent.

SCHEDULE 9
HORSE RACING LICENCE ACT, 2015

CONTENTS

PART I
INTERPRETATION

1.

Definitions

PART II
REGISTRAR, RULES OF RACING AND NON-LICENSING APPEALS

2.

Powers of Registrar, general

3.

Examples

4.

Additional matters

5.

Rules of racing

6.

Delegation

7.

Horse Racing Appeal Panel

8.

Appeals to Panel

PART III
LICENSING

9.

Licence to operate

10.

Licences, other persons involved in racing

11.

Application for licence

12.

Inquiries

13.

Examinations

14.

Refusal to issue licence or renewal

15.

Conditions of licence

16.

Review

17.

Removal of conditions

18.

No transfers

19.

Suspension or revocation of licence

20.

Registrar’s proposed order

21.

Immediate suspension

22.

Cancellation of licence on request

23.

Further applications

24.

Change in address for service

PART IV
ENFORCEMENT

25.

Inspectors

26.

Inspections

27.

Investigators

28.

Warrants

29.

Seizure of things not specified

30.

Searches in exigent circumstances

31.

Application of Public Inquiries Act, 2009

32.

Possession of proceeds

33.

Order of restoration

34.

Arrest without warrant

35.

Testimony in civil proceeding

36.

Immunity

37.

Information

38.

No cruelty to race horses

39.

Improper interference

40.

Adverse impact on integrity

41.

Offences

PART V
GENERAL

42.

Regulations

43.

Transition, corporate matters

44.

Transition, licensing matters and rules of racing

PART VI
CONSEQUENTIAL AMENDMENTS AND REPEALS

45.

Alcohol and Gaming Regulation and Public Protection Act, 1996

46.

Licence Appeal Tribunal Act, 1999

47.

Racing Commission Act, 2000

PART VII
COMMENCEMENT AND SHORT TITLE

48.

Commencement

49.

Short title

______________

Part I
Interpretation

Definitions

   1.  In this Act,

“Board” means the board of the Alcohol and Gaming Commission of Ontario established under the Alcohol and Gaming Regulation and Public Protection Act, 1996; (“conseil”)

“Commission” means the Alcohol and Gaming Commission of Ontario established under the Alcohol and Gaming Regulation and Public Protection Act, 1996; (“Commission”)

“conveyance” means a vehicle, vessel or other thing used to transport horses or equipment used in the business of horse racing; (“moyen de transport”)

“licence” means a licence issued under this Act; (“licence”)

“licensee” means the holder of a licence; (“titulaire de licence”)

“Panel” means the Horse Racing Appeal Panel established under subsection 7 (1); (“Comité”)

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

“proceeds”, in relation to an offence under this Act, means,

  (a)  personal property, other than money, derived in whole or in part, directly or indirectly, from the commission of the offence, and

  (b)  money derived directly or indirectly from the commission of the offence; (“produit”)

“Registrar” means the Registrar of Alcohol, Gaming and Racing within the meaning of the Alcohol and Gaming Regulation and Public Protection Act, 1996; (“registrateur”)

“record” includes a book of account, bank book, voucher, invoice, receipt, contract, correspondence and any other document regardless of whether the record is on paper or is in electronic, photographic or other form; (“document”)

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

“rules of racing” means the rules for the conduct of horse racing made under section 5; (“règles sur les courses”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is provided for in the regulations. (“Tribunal”)

Part II
Registrar, rules of racing and non-licensing appeals

Powers of Registrar, general

   2.  The Registrar has the power, subject to this Act and the regulations,

  (a)  to govern, direct, control and regulate horse racing in Ontario in any or all of its forms; and

  (b)  to govern, control and regulate the operation of race tracks and off-track betting facilities in Ontario at which any form of horse racing is carried on or televised.

Examples

   3.  Without in any way restricting the generality of section 2, some examples of matters with respect to horse racing over which the Registrar may exercise power are,

  (a)  all forms of licensing;

  (b)  the appointment and discharge of race track officials and other persons whose duties relate to the actual running of horse races;

   (c)  registration of matters that the Registrar considers appropriate;

  (d)  the keeping of books and accounts;

  (e)  the assessment of penalties for contravention of the rules of racing, and the enforcement of the penalties;

   (f)  imposing conditions on licences that the Registrar considers expedient, and removing such conditions; and

  (g)  examinations and standards.

Additional matters

   4.  The Registrar may also exercise power over any matter provided for in the regulations.

Rules of racing

   5.  (1)  Subject to the regulations, the Commission, through the Registrar, shall make rules for the conduct of horse racing in any of its forms.

Same

   (2)  The rules of racing may provide for any matter over which the Registrar may exercise power under this Act.

Adoption of other rules

   (3)  The rules of racing may adopt by reference, in whole or in part, with the changes that the Registrar considers necessary, rules and procedures of racing associations or bodies, as amended from time to time, with respect to any matter except hearings held under Part III.

Accessible to public

   (4)  The Registrar shall ensure that the rules of racing are made readily accessible to the public.

Conflict

   (5)  In the case of any conflict or inconsistency between the rules of racing and this Act or the regulations, this Act or the regulations prevail to the extent of the conflict or inconsistency.

Not regulations

   (6)  The rules of racing are not regulations for the purposes of Part III of the Legislation Act, 2006.

Delegation

   6.  The rules of racing may delegate to stewards, judges, veterinarians, race track officials, racing associations or bodies, racing association or racing body officials, licensing agents or officers, racing officials, inspectors, investigators or to any other persons any of the following powers that the Registrar considers expedient:

    1.  The power to collect fees or other charges for the issuance or renewal of licences and to provide for refunds of the fees and charges.

    2.  The power to enforce the carrying out of this Act, the regulations, the rules of racing and all requirements of the Registrar made under this Act.

    3.  The power to fix, impose and collect penalties for a contravention of the rules of racing.

    4.  The power to impose conditions on licences, and to remove such conditions.

Horse Racing Appeal Panel

   7.  (1)  The Horse Racing Appeal Panel is established under that name in English and Comité d’appel des courses de chevaux in French.

Members

   (2)  The Board may appoint members to the Panel as part-time or full-time members for terms of up to three years or such other period that is prescribed.

Eligibility for appointment

   (3)  A person is not eligible to be appointed to the Panel unless the person meets the prescribed requirements, but no person who is a member of the Board shall be appointed to the Panel.

Reappointment

   (4)  A person appointed as a member of the Panel is eligible for reappointment if the person meets the eligibility requirements in subsection (3).

Remuneration and expenses

   (5)  Panel members are to be paid such remuneration and expenses as the Board may determine.

Practice and procedure

   (6)  The Panel may, subject to this Act and the Statutory Powers Procedure Act, determine its own practice and procedure.

Chair and vice-chair

   (7)  The Board shall designate one of the members to be the chair and one of the members to be the vice-chair of the Panel.

Duties of chair

   (8)  The chair shall have general supervision and direction over the conduct of the affairs of the Panel and shall arrange the sittings of the Panel and assign members to panels to conduct hearings as circumstances require.

Acting chair

   (9)  If the chair is absent or otherwise unable to act or if the office is vacant, the vice-chair has all the powers and shall perform the duties of the chair.

Appeals to Panel

   8.  (1)  If the rules of racing provide for an appeal to the Panel, a person who considers themself aggrieved by a decision of a steward, judge, veterinarian, race track official, racing association official, licensing agent or officer or employee of the Commission may appeal the decision to the Panel and the hearing of the appeal shall be held in accordance with the Panel’s rules of procedure.

Powers of panel

   (2)  On hearing the appeal, or without a hearing if the circumstances referred to in section 4.1 of the Statutory Powers Procedure Act apply, the Panel may confirm or vary the decision being appealed or set it aside.

No consideration of constitutional validity

   (3)  The Panel shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation.

Decision final

   (4)  A decision of the Panel under subsection (2) is final and not subject to appeal.

Part III
Licensing

Licence to operate

   9.  No person shall operate a race track at which horse racing in any of its forms is carried on unless the person holds a licence.

Licences, other persons involved in racing

   10.  No person shall, with respect to horse racing in any of its forms, act as an owner, trainer, driver, jockey, apprentice jockey, groom, jockey’s agent, jockey’s valet, exercise rider, tradesperson, horsepersons’ association, veterinarian or in any capacity provided for in the regulations unless the person holds a licence for that purpose.

Application for licence

   11.  An application for a licence or the renewal of a licence must be made to the Registrar in the form provided by the Registrar.

Inquiries

   12.  (1)  The Registrar may make those inquiries and conduct those investigations into the character, financial history and competence of an applicant for a licence or the renewal of a licence that are necessary to determine whether the applicant meets the requirements of this Act, the regulations and the rules of racing.

Corporations, partnerships

   (2)  If the applicant is a corporation or partnership, the Registrar may make the inquiries into or conduct the investigations of the officers, directors or partners of the applicant.

Costs

   (3)  The applicant shall pay the reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment.

Collection of information

   (4)  The Registrar may require information, including personal information, or material from any person who is the subject of the inquiries or investigations and may request information or material from any person who the Registrar has reason to believe can provide information or material relevant to the inquiries or investigations.

Disclosure of information

   (5)  If the Registrar requires information or material from a person under subsection (4), the person shall disclose to the Registrar the information or material required, unless it is the subject of solicitor-client privilege.

Verification of information

   (6)  The Registrar may require that any information provided under subsection (4) be verified by statutory declaration.

Disclosure by head of institution

   (7)  Nothing in the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act prevents the head of an institution within the meaning of those Acts from disclosing to the Registrar the information or material that the Registrar requires under subsection (4).

Examinations

   13.  The Registrar may require as a condition for the issuance of a licence, that an applicant for a licence or the renewal of a licence pass the examinations or attain the standards that the regulations or the rules of racing may provide for.

Refusal to issue licence or renewal

   14.  The Registrar shall refuse to issue a licence to an applicant or to renew the licence of an applicant if,

  (a)  there are reasonable grounds to believe that, when acting as a licensee, the applicant will not act in accordance with the law, or with integrity, honesty, or in the public interest, having regard to the past conduct of the applicant; or

  (b)  the applicant is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this Act, the regulations, the rules of racing or the conditions of the licence.

Conditions of licence

   15.  (1)  A licence is subject to those conditions to give effect to the purposes of this Act,

  (a)  that the Registrar proposes and the applicant consents to;

  (b)  that are imposed by virtue of sections 16 and 20; or

   (c)  that are imposed under this Act or that are required to be imposed under the regulations.

Compliance with rules

   (2)  Every licence is subject to the condition that the licensee comply with every applicable requirement under the rules of racing.

Review

   16.  The Registrar may at any time review a licence and may,

  (a)  attach to the licence any further conditions consented to by the licensee; or

  (b)  issue a proposal under section 20 to attach to the licence any further conditions that the Registrar considers proper to give effect to the purposes of this Act.

Removal of conditions

   17.  (1)  The Registrar may, on the application of a licensee, and if the Registrar considers it appropriate in the public interest, remove a condition to which the licensee had consented.

Same

   (2)  The Tribunal may, on the application of a licensee, and if the Tribunal considers it appropriate in the public interest, remove a condition other than a condition to which the licensee had consented, unless the condition is required to be imposed under this Act or the regulations.

No transfers

   18.  A licence is not transferable.

Suspension or revocation of licence

   19.  The Registrar may propose to suspend or to revoke a licence for any reason that would disentitle the applicant to the issuance or the renewal of the licence.

Registrar’s proposed order

   20.  (1)  If the Registrar refuses to issue or renew a licence, proposes to suspend or revoke a licence, or to add conditions to a licence to which the licensee has not consented, the Registrar shall serve notice of a proposed order, together with written reasons, on the applicant or licensee.

Right to hearing

   (2)  The notice of the proposed order shall inform the applicant or licensee that the person is entitled to a hearing before the Tribunal.

Request for hearing

   (3)  To request a hearing, the applicant or licensee shall serve a written request on the Registrar and the Tribunal within 15 days after the Registrar serves the notice of the proposed order.

If no hearing

   (4)  The Registrar may make the proposed order, if the applicant or licensee does not request a hearing within the allowed time.

Hearing

   (5)  If the person requests a hearing, the Tribunal shall schedule and hold the hearing.

Order of Tribunal

   (6)  After holding a hearing, the Tribunal may by order,

  (a)  confirm or set aside the proposed order;

  (b)  direct the Registrar to take the action that the Tribunal considers the Registrar ought to take to give effect to the purposes of this Act.

Discretion of Tribunal

   (7)  In making an order, the Tribunal may substitute its opinion for that of the Registrar.

Conditions of order

   (8)  The Tribunal may attach the conditions to its order or to the licence that it considers appropriate.

Immediate suspension

   21.  (1)  The Registrar may by order suspend a licence without serving notice of a proposed order under section 20, if the Registrar considers it to be necessary in the public interest.

Service

   (2)  The Registrar shall serve a copy of the order made together with written reasons for it on the licensee.

Time of effectiveness

   (3)  An order to suspend a licence under subsection (1) takes effect immediately upon being served.

Right to hearing

   (4)  Subsections 20 (2), (3) and (5) to (8) apply to the order in the same way as to a proposed order under that section.

Combined hearing

   (5)  If the Registrar makes an order under this section with respect to a licensee before a hearing is held under section 20 with respect to a notice of a proposed order that the Registrar has served on the licensee, the Tribunal may hold only one hearing to deal with both the order made and the proposed order.

Cancellation of licence on request

   22.  The Registrar may cancel a licence upon the request in writing of the licensee and section 20 does not apply.

Further applications

   23.  (1)  No person who is refused a licence or renewal of a licence or whose licence is revoked may apply to the Registrar for a licence until at least two years have passed since the refusal or revocation.

Suspended licences

   (2)  No person whose licence is suspended may apply to the Registrar for a licence during the suspension.

Rejection of further application

   (3)  Despite section 20, the Registrar may, without giving written reasons, reject an application made after the time period specified in subsection (1) if, in the Registrar’s opinion, the application discloses no substantial new evidence or no material change in circumstances since the refusal, revocation or suspension took effect.

Not statutory power of decision

   (4)  The Statutory Powers Procedure Act does not apply to the exercise of the Registrar’s power under subsection (3).

Change in address for service

   24.  Every licensee shall, not later than five days after the change, serve the Registrar with a written notice of any change in address for service.

Part IV
Enforcement

Inspectors

   25.  (1)  The Registrar may designate persons employed by the Alcohol and Gaming Commission of Ontario as inspectors for the purpose of ensuring compliance with this Act, the regulations and the rules of racing.

Certificate of designation

   (2)  A person designated under subsection (1) who is acting as an inspector under this Act shall, on request, produce his or her certificate of designation.

Inspections

   26.  (1)  For the purposes of carrying out an inspection, an inspector may enter any place or conveyance used in the business of horse racing at any reasonable time, and for that purpose may stop and detain any conveyance.

Dwellings

   (2)  The power to enter and inspect under this section shall not be exercised as a power to enter and inspect a place or conveyance or a part of a place or conveyance that is actually used as a dwelling.

Powers of inspector

   (3)  An inspector conducting an inspection may,

  (a)  examine records or anything else that is relevant to the inspection;

  (b)  demand the production of a record or any other thing that is relevant to the inspection;

   (c)  on issuing a written receipt for it, remove a record or any other thing that is relevant to the inspection for review, examination or testing;

  (d)  on issuing a written receipt for it, remove a record or any other thing that is relevant to the inspection for copying;

  (e)  in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place;

   (f)  take photographs or make any other kind of recording; and

  (g)  inquire into all financial transactions, records and other matters that are relevant to the inspection.

Written demand

   (4)  A demand under this section that a record or any other thing be produced must be in writing and must include a statement of the nature of the record or thing required.

Obligation to produce and assist

   (5)  If an inspector demands that a record or any other thing be produced under this section, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.

Records and things removed from place

   (6)  A record or other thing that has been removed for review, examination, testing or copying,

  (a)  shall be made available on request to the person from whom it was removed and at a time and place that are convenient for the person and for the inspector; and

  (b)  shall be returned to the person within a reasonable time, unless, in the case of a thing that has been subject to testing, the thing has been made unsuitable for return as a result of the testing.

Copy admissible in evidence

   (7)  A copy of a record or other thing that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure

   (8)  An inspector conducting an inspection may seize anything the inspector discovers that the inspector reasonably believes not to be in compliance with this or any other Act, the regulations, or the rules for racing, and, subject to section 33, shall dispose of the thing seized in accordance with the direction of the Registrar, subject to anything provided for in the regulations.

Obstruction

   (9)  No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with false information on matters relevant to the inspection.

Experts

   (10)  An inspector is entitled to call upon such experts as are necessary to assist in an inspection.

Condition of licence

   (11)  It is a condition of every licence that the licensee must facilitate inspections under this Act.

Investigators

   27.  (1)  The Registrar may appoint any person to be an investigator for the purpose of determining whether there has been a contravention of this Act or the regulations.

Certificate of appointment

   (2)  The Registrar shall issue a certificate of appointment to every investigator.

Police officers

   (3)  Police officers are investigators by virtue of office but subsection (2) does not apply to them.

Proof of appointment

   (4)  Every investigator who exercises powers under this Act shall, upon request, produce the certificate of appointment as an investigator or identification as a police officer, as the case may be.

Warrants

   28.  (1)  Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if satisfied on information under oath that there are reasonable grounds to believe that,

  (a)  there has been or is likely to be a contravention of this Act or the regulations; and

  (b)  there is, in any place or conveyance anything relating to the contravention of this Act or the regulations.

Powers under warrant

   (2)  Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

  (a)  to enter or access the place or conveyance specified in the warrant and examine and seize anything described in the warrant;

  (b)  to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

   (c)  to exercise any of the powers specified in subsection (10); and

  (d)  to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

   (3)  Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place or conveyance, or part of a place or conveyance, actually used as a dwelling, unless,

  (a)  the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

  (b)  the justice of the peace authorizes the entry into the dwelling.

Conditions on warrant

   (4)  A warrant obtained under subsection (1) shall contain the conditions that the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Execution of warrant

   (5)  A warrant issued under this section shall specify the hours and days during which it may be executed.

Expiry

   (6)  Unless renewed, a warrant under this section expires not later than 30 days after the date on which it is made.

Renewal of warrant

   (7)  A warrant under this section may be renewed for any reason for which it may be issued.

Assistance

   (8)  An investigator acting under the authority of a warrant issued under this section is authorized to call on police officers and experts to assist in the execution of the warrant and to use such force as is necessary in the execution of the warrant.

No obstruction

   (9)  No person shall obstruct an investigator executing a warrant under this section or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Assistance

   (10)  An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.

Return of seized items

   (11)  Subject to section 33, an investigator who seizes anything under this section or section 29 may make a copy of it and shall return it within a reasonable time or shall dispose of it in accordance with the direction of the Registrar, subject to anything provided for in the regulations.

Admissibility

   (12)  A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

   29.  An investigator who is lawfully present in a place or conveyance pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations or the rules of racing.

Searches in exigent circumstances

   30.  (1)  An investigator may exercise any of the powers described in subsection 28 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

   (2)  Subsection (1) does not apply to a building or conveyance or part of a building or conveyance that is actually being used as a dwelling.

Use of force

   (3)  The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Applicability of s. 28

   (4)  Subsections 28 (8), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

Application of Public Inquiries Act, 2009

   31.  Section 33 of the Public Inquiries Act, 2009 applies to an investigation by an investigator under this Act.

Possession of proceeds

   32.  No person shall knowingly possess the proceeds of an offence under this Act.

Order of restoration

   33.  (1)  The Ontario Court of Justice may, upon the application of any person made within 30 days of a seizure authorized under this Act, order that the things seized be restored forthwith to the applicant if the court is satisfied that,

  (a)  the applicant is entitled to possession of the things seized;

  (b)  the things seized are not required as evidence in any proceeding;

   (c)  continued detention of the things seized is not necessary to prevent the commission of an offence;

  (d)  the best interests of the horse racing industry and of animal welfare do not require the continued detention of the things seized; and

  (e)  it is unlikely that the things will be forfeited on conviction under subsection (4).

Same

   (2)  If the court is satisfied that an applicant under subsection (1) is entitled to possession of the things seized but is not satisfied as to all of the matters mentioned in clauses (1) (b), (c) and (d), it shall order that the things seized be restored to the applicant,

  (a)  upon the expiration of three months from the date of the seizure, if no proceeding in respect of an offence has been commenced; or

  (b)  upon the final conclusion of such a proceeding.

Forfeiture

   (3)  If no application has been made for the return of a thing seized under this section or an application has been made but upon the hearing of the application no order of restoration has been made, the thing seized is forfeited to the Crown.

Same

   (4)  If a person is convicted of an offence under this Act, the court shall order that anything seized in connection with the offence be forfeited to the Crown, unless the court considers that the forfeiture would be unjust in the circumstances.

Relief against forfeiture

   (5)  Any person with an interest in a thing forfeited under this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers just, including, but not limited to, one or more of the following orders:

    1.  An order directing that the thing or any part of the thing be returned to the applicant.

    2.  An order directing that any interest in the thing be vested in the applicant.

Same

   (6)  The court shall not order any relief under subsection (5) unless the court is satisfied that the applicant did not, directly or indirectly, participate in, or benefit from, any offence in connection with which the thing was seized.

Arrest without warrant

   34.  If an investigator who is a police officer finds a person apparently in contravention of this Act or apparently in contravention of a prescribed provision of the regulations and the person refuses to give his or her name and address or there are reasonable grounds to believe that the name or address given is false, the investigator may arrest the person without warrant.

Testimony in civil proceeding

   35.  No person engaged in the administration of this Act shall be required to give testimony in any civil proceeding with regard to information obtained by the person in the course of the person’s duties except in a proceeding under this Act.

Immunity

   36.  (1)  No action or other proceeding for damages may be instituted against any person engaged in the administration of this Act for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty.

Crown liability

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

Information

   37.  (1)  The Commission and any other agencies responsible for regulating horse racing and transfer payments to racetracks may disclose information to the Registrar for the purpose of conducting research and analysis, including statistical analysis, of the horse racing industry or such other purposes as may be prescribed.

Collection and use

   (2)  The Registrar may collect and use information, including personal information, from the Commission, other agencies, ministries and other sources for the purpose of conducting research and analysis, including statistical analysis, of the horse racing industry or such other purposes related to the administration and regulation of the horse racing industry as may be prescribed.

Personal information

   (3)  The Registrar shall not collect or use personal information under this section if other information will serve the purpose of the collection or use.

Same

   (4)  The Registrar shall not collect or use more personal information under this section than is reasonably necessary to meet the purpose of the collection or use.

Delegation

   (5)  The Registrar may delegate the collection and use powers set out in this section to a Deputy Minister of a Ministry or a public servant employed under Part III of the Public Service of Ontario Act, 2006.

No cruelty to race horses

   38.  (1)  No person shall commit an act of cruelty or neglect to a race horse in any place.

“Race horse”

   (2)  In this section,

“race horse” means a horse that has participated in racing within the past 60 days or is within 60 days of participating in racing.

Generally accepted practices

   (3)  This section does not apply to generally accepted practices of agricultural animal care, management or husbandry.

Improper interference

   39.  No person shall benefit financially or otherwise from any activity that wrongfully affects or attempts to affect the outcome of a horse race or other officially timed horse racing event.

Adverse impact on integrity

   40.  No person shall engage in any activity that adversely impacts upon the integrity of horse racing.

Offences

   41.  (1)  A person is guilty of an offence if the person,

  (a)  knowingly furnishes false information in any application under this Act;

  (b)  knowingly fails to comply with a Registrar’s order under this Act; or

   (c)  contravenes any provision of this Act or the regulations.

Directors, officers

   (2)  It is an offence for any director or officer of a corporation to cause, authorize, permit, or participate or acquiesce in the commission by the corporation of an offence mentioned in subsection (1).

Penalty, non-corporations

   (3)  Every individual convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.

Penalty, corporations

   (4)  Every corporation convicted of an offence under this Act is liable to a fine of not more than $500,000.

Limitation

   (5)  No proceeding under this section shall be commenced more than five years after the time when the subject matter of the proceeding arose.

Part V
General

Regulations

   42.  (1)  The Lieutenant Governor in Council may make regulations for implementing the purposes, provisions and intent of this Act.

Same

   (2)  Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,

  (a)  governing anything that this Act describes as being prescribed, provided for or required in the regulations;

  (b)  governing horse racing, race tracks and off-track betting;

   (c)  respecting the powers of the Registrar;

  (d)  governing the contents and enforcement of the rules of racing;

  (e)  governing licensing under this Act;

   (f)  governing the service of documents for the purposes of this Act;

  (g)  providing for exemptions from this Act or any provision of this Act subject to the conditions, if any, provided for in the regulations;

  (h)  governing transitional matters arising from the repeal of the Racing Commission Act, 2000.

Transition, corporate matters

   43.  The following occurs when section 2 comes into force:

    1.  The Ontario Racing Commission is dissolved.

    2.  All rights, property and assets that belonged to the Ontario Racing Commission immediately before this section came into force become the rights, property and assets of the Commission.

    3.  All debts, liabilities and obligations of the Ontario Racing Commission immediately before this section came into force become the debts, liabilities and obligations of the Commission.

Transition, licensing matters and rules of racing

   44.  The following occurs when section 9 comes into force:

    1.  Licences and registrations issued under the Racing Commission Act, 2000 are continued as licences and registrations respectively issued under this Act.

    2.  The rules for racing and any orders and delegations made by the Ontario Racing Commission under the Racing Commission Act, 2000 are continued as the rules of racing and as orders and delegations respectively made by the Registrar under this Act until they are amended, repealed or replaced by the Registrar.

    3.  The by-laws made by the Ontario Racing Commission under the Racing Commission Act, 2000 are continued as by-laws of the Alcohol and Gaming Commission of Ontario with respect to this Act until they are amended, repealed or replaced by that Commission.

Part Vi
Consequential Amendments and repeals

Alcohol and Gaming Regulation and Public Protection Act, 1996

   45.  (1)  The definition of “Registrar” in section 1 of the Alcohol and Gaming Regulation and Public Protection Act, 1996 is repealed and the following substituted:

“Registrar” means the Registrar of Alcohol, Gaming and Racing under section 6; (“registrateur”)

   (2)  Subsection 3 (1) of the Act is amended by striking out “the Wine Content and Labelling Act, 2000” and substituting “the Wine Content and Labelling Act, 2000, the Horse Racing Licence Act, 2015”.

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

Registrar

   (1)  There shall be a Registrar of Alcohol, Gaming and Racing for the purposes of this Act, the Liquor Licence Act, the Gaming Control Act, 1992, the Horse Racing Licence Act, 2015 and the regulations made under them.

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

Fees and charges

   14.  (1)  The board of the Commission may establish, subject to the approval of the Minister, fees or other charges, provide for the waiver of fees and charges and provide for refunds for the purposes of this Part, the administration of the Acts referred to in section 3 or the regulations made under them.

Not regulations

   (2)  Part III of the Legislation Act, 2006 does not apply to the fees or other charges or provisions of refunds approved by the Minister under this section.

   (5)  Subsection 14.1 (4) of the Act is repealed and the following substituted:

Use of money

   (4)  Money received from monetary penalties and from penalties collected pursuant to contraventions of the rules of racing made under the Horse Racing Licence Act, 2015 may be used for the following purposes only:

    1.  Public awareness, education and training programs for the general public in relation to alcohol, gaming and horse racing.

    2.  Education and training programs for licence holders, permit holders and other persons governed by the Acts and regulations administered by the Commission that are prescribed by the regulations made under this Part.

Clarification

   (4.1)  For greater certainty, subsection (5) does not give rise to any appeal with respect to the rules of racing mentioned in subsection (4).

Licence Appeal Tribunal Act, 1999

   46.  (1)  Subsection 5.1 (1) of the Licence Appeal Tribunal Act, 1999 is amended by striking out “the Gaming Control Act, 1992” and substituting “the Gaming Control Act, 1992, the Horse Racing Licence Act, 2015”.

   (2)  Subsection 5.1 (2) of the Act is repealed and the following substituted:

Parties

   (2)  The Registrar of Alcohol, Gaming and Racing, the person who required the hearing and the other persons that the Tribunal specifies are parties to the hearing.

   (3)  Subsection 11 (1) of the Act is amended by adding the following:

Horse Racing Licence Act, 2015

   (4)  Subsection 11 (2) of the Act is amended by striking out “the Gaming Control Act, 1992” and substituting “the Gaming Control Act, 1992, the Horse Racing Licence Act, 2015”.

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

Registrar a party

   (4)  The Registrar of Alcohol, Gaming and Racing is a party to the appeal.

   (6)  Clauses 12 (1) (b), (c) and (d) of the Act are repealed and the following substituted:

  (b)  governing transitional matters relating to hearings of matters under the Racing Commission Act, 2000, as a result of the coming into force of the Horse Racing Licence Act, 2015;

Racing Commission Act, 2000

   47.  The Racing Commission Act, 2000 is repealed.

PART Vii
commencement and short title

Commencement

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

Short title

   49.  The short title of the Act set out in this Schedule is the Horse Racing Licence Act, 2015.

SCHEDULE 10
INCOME TAX ACT

   1.  (1)  Clause (b) of the definition of “D” of subsection 4.0.1 (23.1) of the Income Tax Act is repealed and the following substituted:

  (b)  is, in respect of the dependant, the lesser of the amount set out in subsection (23.2) and the amount that would be determined by the formula “E – F” in subsection 118.2 (1) of the Federal Act, if the dollar amount set out in the description of “C” in this subsection were substituted for the dollar amount set out in the description of “F” in subsection 118.2 (1) of the Federal Act.

   (2)  Section 4.0.1 of the Act is amended by adding the following subsection:

Amount for purposes of subs. (23.1)

   (23.2)  For the purposes of subsection (23.1), the amount is,

  (a)  $5,000 if the taxation year is 2004; or

  (b)  $10,000 if the taxation year ends after 2004.

   2.  (1)  Paragraph 1 of subsection 4.0.2 (1) of the Act is amended by striking out “(23.1) and 7 (2.4)” and substituting “(23.1), (23.2) and 7 (2.4)”.

   (2)  Paragraph 4 of subsection 4.0.2 (6) of the Act is repealed and the following substituted:

    4.  The dollar amounts referred to in subsection 4.0.1 (23.1) that apply for a taxation year ending before January 1, 2005 and the dollar amounts referred to in subsection 4.0.1 (23.2) that apply for a taxation year ending before January 1, 2006.

Budget Measures Act, 2005 (No. 2)

   3.  Subsections 3 (1) and (2) and 4 (1) and (3) of Schedule 11 to the Budget Measures Act, 2005 (No. 2) are repealed.

Commencement

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

Same

   (2)  Sections 1 and 2 are deemed to have come into force on March 31, 2006.

SCHEDULE 11
INTERIM APPROPRIATION FOR 2016-2017 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, 2017, amounts not exceeding a total of $124,599,315,700may 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, 2017, amounts not exceeding a total of $4,414,253,900 may be paid out of the Consolidated Revenue Fund or recognized as non-cash investments to be applied to the investments of the public service in capital assets, loans and other investments that are not otherwise provided for.

Expenses of the Legislative Offices

   4.  Pending the voting of supply for the fiscal year ending on March 31, 2017, amounts not exceeding a total of $219,450,300 may be paid out of the Consolidated Revenue Fund to be applied to the expenses of the Legislative Offices that are not otherwise provided for.

Charge to proper appropriation

   5.  All expenditures made or recognized under this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2017.

Commencement

   6.  The Act set out in this Schedule comes into force on April 1, 2016.

Short title

   7.  The short title of the Act set out in this Schedule is the Interim Appropriation for 2016-2017 Act, 2015.

schedule 12
Labour Relations act, 1995

   1.  The Labour Relations Act, 1995 is amended by adding the following section:

Deemed abandonment of bargaining rights

   160.1  (1)  The Lieutenant Governor in Council may, by regulation, deem bargaining rights held by an employee bargaining agency and its affiliated bargaining agents created as a result of the Sarnia Working Agreement to be abandoned with respect to the employer.

Effect of regulation

   (2)  On the day a regulation made under subsection (1) comes into force,

  (a)  the affiliated bargaining agents of the employee bargaining agency referred to in the regulation cease to represent employees of the employer employed in the industrial, commercial and institutional sector of the construction industry in the area to which the regulation applies;

  (b)  the bargaining rights vested in the employee bargaining agency under section 156 shall not be exercised for any purpose relating to the employer referred to in the regulation in the area to which the regulation applies; and

   (c)  any provincial agreement to which the employee bargaining agency is a party that bound the employer referred to in the regulation ceases to bind it in the area to which the regulation applies.

Rights and obligations

   (3)  The Lieutenant Governor in Council may, by regulation, impose additional rights and obligations that apply with respect to,

  (a)  the employer referred to in a regulation made under subsection (1);

  (b)  the employee bargaining agency referred to in a regulation made under subsection (1); and

   (c)  the affiliated bargaining agents of the employee bargaining agency referred to in a regulation made under subsection (1).

Same

   (4)  Without limiting the generality of subsection (3), a regulation made under that subsection may,

  (a)  despite the deemed abandonment of bargaining rights, impose rights and obligations relating to the subcontracting of work in respect of the parties described in subsection (3);

  (b)  provide that the rights and obligations are enforceable under this Act;

   (c)  provide that different rights and obligations apply with respect to different parts of Ontario or different parties described in subsection (3).

Same, effect of regulation

   (5)  The rights and obligations imposed by a regulation made under subsection (3) remain binding on the relevant parties until they agree otherwise in writing.

Application

   (6)  A regulation made under this section may apply with respect to,

  (a)  all of Ontario or any part or parts of it; and

  (b)  any or all of the employee bargaining agencies and affiliated bargaining agents that hold the bargaining rights described in subsection (1).

Abandonment of rights by other means not precluded

   (7)  This section shall not be interpreted to preclude the abandonment of bargaining rights by other means.

Definition

   (8)  In this section,

“Sarnia Working Agreement” means the agreement entered into in October 1958 and referred to as the Sarnia Working Agreement in the decision of the Ontario Labour Relations Board dated February 13, 2012 and decided by David A. McKee.

   2.  Subsection 162 (2) of the Act is amended by striking out “Subject to sections 153, 161, 163.1, 163.2 and 163.3” at the beginning and substituting “Subject to sections 153, 160.1, 161, 163.1, 163.2 and 163.3”.

   3.  On the day this section comes into force, section 160.1 of the Act is repealed.

Commencement

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

Same

   (2)  Section 3 comes into force on,

  (a)  the day that is one year after the day the Budget Measures Act , 2015 receives Royal Assent; or

  (b)  an earlier day to be named by proclamation of the Lieutenant Governor.

schedule 13
LICENCE APPEAL TRIBUNAL ACT, 1999

   1.  Subsection 5.1 (1) of the Licence Appeal Tribunal Act, 1999 is amended by striking out “the Liquor Licence Act” and substituting “the Liquor Control Act, the Liquor Licence Act”.

   2.  (1)  Subsection 11 (1) of the Act is amended by adding the following:

Liquor Control Act

   (2)  Subsection 11 (2) of the Act is amended by striking out “the Liquor Licence Act” and substituting “the Liquor Control Act, the Liquor Licence Act”.

   3.  Subsection 12 (1) of the Act is amended by adding the following clause:

   (f)  governing transitional matters relating to hearings of matters under section 3.0.3 of the Liquor Control Act as a result of the coming into force of section 2 of Schedule 14 to the Budget Measures Act, 2015.

Commencement

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

SCHEDULE 14
LIQUOR CONTROL ACT

   1.  Section 1 of the Liquor Control Act is amended by adding the following definition:

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed by the regulations; (“Tribunal”)

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

Revocation, suspension or refusal to renew authorization

   3.0.1  (1)  The Board may issue a proposal to revoke or suspend an authorization for a government store under clause 3 (1) (e) or (e.1) or refuse to renew such an authorization for any ground under this Act or the regulations that would disentitle the authorized person to an authorization if the authorized person were an applicant or if the authorized person has contravened this Act, the regulations or a condition of the authorization.

Interim suspension of authorization

   (2)  If a proposal is issued to revoke or suspend the authorization, the Board may by order suspend the authorization prior to a hearing if it considers it to be necessary in the public interest.

Same

   (3)  An order to suspend an authorization under subsection (2) takes effect immediately and, if a hearing is required, expires 15 days after the date of the notice requiring the hearing unless the hearing is commenced, in which case the Tribunal may extend the time of expiration until the hearing is concluded.

Transfer, etc. of an authorization

   3.0.2  (1)  A person may apply to the Board for the transfer of an authorization for a government store under clause 3 (1) (e) or (e.1) or a change in the location of a government store to which such an authorization applies, and the Board shall approve the transfer or the change in location if,

  (a)  the Board has not issued a proposal to revoke or suspend the authorization; and

  (b)  the prescribed requirements, if any, are satisfied.

Same

   (2)  If the Board proposes to refuse to approve the transfer or change in location, the Board shall issue a proposal with respect to the application.

Notice of proposal

   3.0.3  (1)  If the Board issues a proposal with respect to any of the following matters, the Board shall serve notice of the proposal together with written reasons on the applicant or authorization holder:

    1.  Suspend or revoke an authorization.

    2.  Refuse to renew an authorization.

    3.  Refuse to approve a transfer of an authorization.

    4.  Refuse to approve a change in store location to which an authorization applies.

Notice requiring hearing

   (2)  A notice of a proposal shall inform the applicant or authorization holder that he, she or it is entitled to a hearing by the Tribunal if the person mails or delivers to the Tribunal and the Board, within 15 days after the notice is served on the person, notice in writing requiring a hearing by the Tribunal, and the person may so require such a hearing.

No hearing

   (3)  If a person to whom a notice is sent under this section does not require a hearing by the Tribunal, the Board may carry out the proposal stated in the notice.

Hearings

   (4)  The Tribunal shall fix a time and place for the hearing of the matter and shall at least 10 days before the day fixed cause notice of the hearing to be served upon the person who has required the hearing.

Powers

   (5)  Following a hearing to consider a proposal, the Tribunal may direct the Board to do the following:

    1.  If the proposal related to the suspension of an authorization, suspend or not suspend the authorization.

    2.  If the proposal related to the revocation of an authorization, revoke or not revoke the authorization.

    3.  If the proposal related to the renewal of an authorization, renew or not renew the authorization.

    4.  If the proposal related to the transfer of an authorization, approve the transfer or not approve the transfer.

    5.  If the proposal relates to the change in a store location to which an authorization applies, approve the change or not approve the change.

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

Confidentiality

   3.0.4  (1)  Every official or employee of the Government of Ontario, the Board, or the Alcohol and Gaming Commission of Ontario who, in the course of his or her duties, acquires sales information relating to stores to which an authorization under clause 3 (1) (e.1) applies, shall maintain the information in confidence, and shall not use or disclose the information except in the course of his or her duties.

Exception, disclosure to other employee of government, etc.

   (2)  Despite subsection (1), an official or employee may disclose the information referred to in that subsection to another official or employee of the Government of Ontario, the Board, or the Alcohol and Gaming Commission who requires it in the course of his or her duties.

Identifying information

   (3)  Information described in subsection (1) that would reveal the sales of an individual store shall not be disclosed except in accordance with subsections (1) and (2).

FIPPA, third party information

   (4)  Information described in subsection (1) held by an institution is deemed, for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act, to be financial and commercial information supplied in confidence to the institution.

Prevails over FIPPA

   (5)  Subsection (3) prevails over the Freedom of Information and Protection of Privacy Act.

   4.  Section 10 of the Act is amended by adding the following subsections:

Payments by the Board to beer manufacturers

   (6)  If an agreement under subsection (1) provides for payments by the Board to beer manufacturers, calculated with reference to the volume of beer sold through stores to which authorizations under clause 3 (1) (e.1) apply, the Board shall make the payments in accordance with the terms of the agreement.

Same, collection from stores

   (7)  The Board shall collect from each store to which an authorization under clause 3 (1) (e.1) applies the store’s proportionate share of any payment required under subsection (6), as determined in accordance with the terms of the supply agreement between the Board and the store operator, by including the amount payable in the wholesale price of the beer it sells to the store.

Commencement

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

Same

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

Same

   (3)  Section 4 is deemed to have come into force on November 1, 2015.

SCHEDULE 15
MUNICIPAL ACT, 2001

   1.  Subsection 327 (10) of the Municipal Act, 2001 is repealed and the following substituted:

Regulations, exemptions

   (10)  The Minister of Finance may by regulation exempt property, including a portion of a property, from the application of this Part or may by regulation provide that property, including a portion of a property, in a municipality is exempt from the application of this Part if the municipality passes a by-law to have the property or the portion exempt.

Same

   (10.1)  The Minister of Finance may by regulation provide that this Part does not apply in a municipality or may by regulation provide that this Part does not apply in a municipality if the municipality passes a by-law to have this Part not apply.

Same

   (10.2)  A regulation under subsection (10) or (10.1) may provide that property is exempt or that this Part does not apply, or that a municipality may pass a by-law to have property exempt or to have this Part not apply, only if prescribed circumstances exist.

   2.  (1)  Subparagraph 1 i of subsection 329.1 (1) of the Act is amended by striking out “10 per cent or a percentage specified in the by-law” at the beginning and substituting “10 per cent or such other percentage as may be prescribed, or a percentage specified in the by-law”.

   (2)  Sub-subparagraph 2 i A of subsection 329.1 (1) of the Act is repealed and the following substituted:

                  A.  the amount of the taxes for municipal and school purposes that would have been levied in respect of the property for the previous year but for the application of this Part, subject to such adjustments as may be prescribed, multiplied by 5 per cent or such other percentage as may be prescribed, or a percentage specified in the by-law for the purposes of this subparagraph that is less than 5 per cent or than such other percentage as may be prescribed,

   (3)  Subparagraph 3 i of subsection 329.1 (1) of the Act is amended by striking out “$250” at the beginning and substituting “$250 or such other amount as may be prescribed”.

   (4)  Subparagraph 4 i of subsection 329.1 (1) of the Act is amended by striking out “$250” at the beginning and substituting “$250 or such other amount as may be prescribed”.

   (5)  Paragraphs 5 to 7 of subsection 329.1 (1) of the Act are repealed.

   3.  Section 338 of the Act is amended by adding the following subsections:

Regulations re: maximum taxes and tenant’s cap

   (1.1)  The Minister of Finance may make regulations that provide for the determination of amounts to be added under paragraph 2 of subsection 329 (1) that are different from the amount set out under that paragraph, and for increases to the amount calculated under paragraph 1 of subsection 332 (5) that are different from the increase provided for in paragraph 2 of that subsection.

Same

   (1.2)  A regulation under subsection (1.1) may,

  (a)  provide for different amounts for a property for different years;

  (b)  set out the circumstances in which the regulation prevails over paragraph 2 of subsection 329 (1), paragraph 2 of subsection 332 (5) or over an option adopted in a by-law passed under section 329.1; or

   (c)  provide that the regulation does not apply in a municipality that is not a lower-tier municipality unless the municipality passes a by-law to have it apply.

Commencement

   4.  This Schedule comes into force on the day the Budget Measures Act, 2015 receives Royal Assent.

SCHEDULE 16
ONTARIO LOTTERY AND GAMING CORPORATION ACT, 1999

   1.  Clause 0.1 (c) of the Ontario Lottery and Gaming Corporation Act, 1999 is repealed and the following substituted:

   (c)  to promote responsible gaming with respect to lottery schemes; and

   2.  Section 3 of the Act is amended by adding the following paragraph:

  5.1  To undertake activities with respect to the support of live horse racing in Ontario.

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

Same, pari-mutuel system of betting

   (5)  The Corporation is not authorized to operate a pari-mutuel system of betting (within the meaning of section 204 of the Criminal Code (Canada)).

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

Financial Support for Live Horse Racing

Grant program

   12.1  (1)  The Minister may establish a grant program for the purpose of supporting live horse racing in Ontario and may establish guidelines for the program.

Grant agreements

   (2)  For the purposes of the program, the Minister may enter into grant agreements, on such terms as he or she considers advisable, with the owners or operators of race courses in Ontario where live horse races are held.

Delegation to the Corporation

   (3)  The Minister may delegate his or her powers under subsection (2) to the Corporation and may impose conditions and restrictions with respect to the delegation.

Authority to pay grants

   (4)  The Minister may make grants under the program to owners and operators who have entered into a grant agreement.

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

Administration of grant program

   12.2  (1)  The Minister may enter into agreements with the Corporation for the administration of a grant program under section 12.1, and an agreement may provide for the payment of grants on the Minister’s behalf.

Disclosure of information

   (2)  Information received directly or indirectly by the Minister in connection with the grant program, including information received in connection with a grant agreement, may be disclosed to the Corporation, the Alcohol and Gaming Commission of Ontario and the Licence Appeal Tribunal.

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

Transition, transfer of program

   12.3  (1)  On or before March 31, 2016, the Minister may designate a grant program established under section 12.1 as the successor to the Horse Racing Partnership Funding Program established under section 7 of the Ministry of Agriculture, Food and Rural Affairs Act, in order to enable the continued administration of that Program.

Designation of agreements

   (2)  For the purposes of this section, the Minister may, by regulation, designate one or more of the following transfer payment agreements:

    1.  A transfer payment agreement entered into by the Ontario Racing Commission under the Horse Racing Partnership Funding Program established under section 7 of the Ministry of Agriculture, Food and Rural Affairs Act.

    2.  Any other transfer payment agreement entered into by the Ontario Racing Commission to provide operational and purse support for the operator of a race track in Ontario.

Status of designated agreements

   (3)  If the Minister designates a grant program as the successor to the Horse Racing Partnership Funding Program as described in subsection (1), the designated agreements are deemed to be grant agreements for the purposes of the grant program.

Minister as party to designated agreements

   (4)  On the day on which this section comes into force, the Crown as represented by the Minister replaces the Ontario Racing Commission as a party to each designated agreement and references in those agreements to the Commission are deemed to be references to the Crown as represented by the Minister.

Effect of transfer of program, etc.

   (5)  This section does not constitute a breach, termination or repudiation of a designated agreement or the frustration of the agreement, or an event of default or force majeure.

Delegation to the Corporation

   (6)  The Minister may delegate his or her powers under a designated agreement to the Corporation and may impose conditions and restrictions with respect to the delegation.

Disclosure of information

   (7)  Information received directly or indirectly by the Minister in connection with the Horse Racing Partnership Funding Program established under section 7 of the Ministry of Agriculture, Food and Rural Affairs Act, including information received in connection with a transfer payment agreement referred to in subsection (2), may be disclosed to the Corporation, the Alcohol and Gaming Commission of Ontario and the Licence Appeal Tribunal.

Interpretation

   (8)  A reference in this section to the Horse Racing Partnership Funding Program established under section 7 of the Ministry of Agriculture, Food and Rural Affairs Act is a reference to the Program as established by Order in Council O.C. 251/2014, amended by O.C. 528/2014 and terminated by O.C. 894/2015.

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

Expenditures for grant program, etc.

   12.4  Expenditures required for the purposes of sections 12.1, 12.2 and 12.3 shall be funded out of money appropriated for those purposes by the Legislature.

   8.  Subsection 14 (1) of the Act is amended by adding the following paragraph:

    6.  Payments relating to the support of live horse racing in Ontario that are required by regulation and are made for the purposes specified in the regulations and in accordance with such conditions and restrictions as may be prescribed.

   9.  Subsection 15 (1) of the Act is amended by adding the following clause:

(e.1) requiring payments to be made by the Corporation relating to the support of live horse racing in Ontario and prescribing purposes, conditions and restrictions in connection with those payments as referred to in paragraph 6 of subsection 14 (1);

   10.  Subsections 16 (2) and (3) of the Act are repealed.

Commencement

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

SCHEDULE 17
PENSION BENEFITs ACT

   1.  Subsection 79.2 (11) of the Pension Benefits Act is repealed and the following substituted:

Same, status of transferred members, etc.

   (11)  When the assets are transferred in accordance with this Act and the regulations,

  (a)  the employer who is the sponsor of the successor pension plan assumes responsibility for providing pension benefits and other benefits under the original pension plan to the transferred members, former members, retired members and other persons entitled to payments under that plan, and they have no further claim against the original pension plan; or

  (b)  in the case of a transfer of assets between multi-employer pension plans that areestablished pursuant to a collective agreement or trust agreement,

           (i)  the successor pension plan shall be amended to provide that the pension benefits and other benefits provided under the original pension plan to the transferred members, former members, retired members and other persons entitled to payments under the original pension plan shall be provided under the successor pension plan, and

          (ii)  the transferred members, former members, retired members and other persons entitled to payments under the original pension plan have no further claim against the original pension plan.

   2.  (1)  Section 81 of the Act is amended by adding the following subsection:

Same, multi-employer pension plans

   (1.1)  Where a multi-employer pension plan established pursuant to a collective agreement or trust agreement is amended to be a successor to an existing multi-employer pension plan established pursuant to a collective agreement or trust agreement and the participating employers cease to make contributions to the original multi-employer pension plan, the original pension plan shall be deemed not to be wound up and the successor pension plan shall be deemed to be a continuation of the original pension plan.

   (2)  Subsection 81 (2) of the Act is amended by adding “and membership” after “in respect of employment”.

Commencement

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

SCHEDULE 18
SECURITIES ACT

   1.  (1)  Clause (a) of the definition of “associate” in subsection 1 (1) of the Securities Act is amended by striking out “except in Part XX” at the beginning.

   (2)  Clause (a.1) of the definition of “associate” in subsection 1 (1) of the Act is repealed.

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

“published market” means, with respect to a class of securities, a market in Canada or outside of Canada on which the securities are traded, if the prices at which they have been traded on that market are regularly,

  (a)  disseminated electronically, or

  (b)  published in a newspaper or business or financial publication of general and regular paid circulation; (“marché organisé”)

   (4)  Subsection 1 (1.1) of the Act is amended by striking out ““internal controls”, “penny stocks”” and substituting ““internal controls”, “offer to acquire”, “offeror”, “penny stocks””.

   (5)  Subsection 1 (2) of the Act is amended by striking out “Except for the purposes of Part XX” at the beginning.

   (6)  Subsection 1 (3) of the Act is amended by striking out “Except for the purposes of Part XX” at the beginning of the portion before clause (a).

   (7)  Subsection 1 (4) of the Act is amended by striking out “Except for the purposes of Part XX” at the beginning of the portion before clause (a).

   2.  Sections 89 to 102.2 of the Act are repealed and the following substituted:

Definitions

   89.  In this Part,

“interested person” means,

  (a)  an offeree issuer,

  (b)  a security holder, director or officer of an offeree issuer,

   (c)  an offeror,

  (d)  the Director, and

  (e)  any person or company not referred to in clauses (a) to (d) who, in the opinion of the Commission or the Superior Court of Justice, as the case may be, is proper to make an application under section 104 or 105, as the case may be; (“intéressé”)

“issuer bid” means a direct or indirect offer to acquire or redeem a security or a direct or indirect acquisition or redemption of a security that is,

  (a)  made by the issuer of the security; and

  (b)  within a prescribed class of offers, acquisitions or redemptions; (“offre de l’émetteur”)

“offeree issuer” means an issuer whose securities are the subject of a take-over bid, an issuer bid or an offer to acquire; (“pollicité”)

“take-over bid” means a direct or indirect offer to acquire a security that is,

  (a)  made by a person or company other than the issuer of the security; and

  (b)  within a prescribed class of offers to acquire. (“offre d’achat visant à la mainmise”)

Offeree Issuer and Offeror Obligations

Making a bid

   90.  A person or company must not make a take-over bid or an issuer bid, whether alone or acting jointly or in concert with one or more persons or companies, except in accordance with the regulations.

Recommendation relating to take-over bid

   91.  (1)  If a take-over bid has been made, the board of directors of the offeree issuer shall,

  (a)  determine whether to recommend acceptance or rejection of the take-over bid or determine not to make a recommendation; and

  (b)  make the recommendation, or a statement that they are not making a recommendation, in accordance with the regulations.

Individual recommendation

   (2)  An individual director or officer of the offeree issuer may recommend acceptance or rejection of the take-over bid if the recommendation is made in accordance with the regulations.

   3.  Section 103 of the Act is repealed.

   4.  (1)  The French version of subsection 104 (1) of the Act is amended by adding “ou des règlements qui s’y rapportent” after “une exigence de la présente partie” in the portion before clause (a).

   (2)  Section 104 of the Act is amended by adding the following subsection:

Notice to Director

   (1.1)  If, in a proceeding under subsection (1), the Director is not the applicant, the Director shall be given notice of the application and may appear at the proceeding as a party.

   (3)  Clause 104 (2) (a) of the Act is repealed.

   5.  Section 105 of the Act is amended by adding the following subsection:

Notice to Director

   (2)  If, in a proceeding under subsection (1), the Director is not the applicant, the Director shall be given notice of the application and may appear at the proceeding as a party.

   6.  Section 105.1 of the Act is repealed.

   7.  (1)  Subsection 131 (1) of the Act is amended by striking out “as required by Part XX” in the portion before clause (a) and substituting “as required by the regulations related to Part XX”.

   (2)  Subsection 131 (2) of the Act is amended by striking out “as required by Part XX” and substituting “as required by the regulations related to Part XX”.

   (3)  Subsection 131 (10) of the Act is repealed and the following substituted:

Deemed issuer bid circular

   (10)  Where the offeror in an issuer bid made in the normal course through the facilities of a designated exchange in reliance on an exemption set out in the regulations related to Part XX is required by the by-laws, regulations or policies of the applicable designated exchange to file with it or deliver to security holders of the offeree issuer a disclosure document, the disclosure document shall be deemed, for the purposes of this section, to be an issuer bid circular delivered to the security holders as required by Part XX or the regulations related to Part XX.

   8.  Paragraph 3 of section 133 of the Act is amended by striking out “were required under Part XX” and substituting “were required by the regulations related to Part XX”.

   9.  Subsection 142 (3) of the Act is repealed and the following substituted:

Exception, derivatives

   (3)  Rules made under paragraph 11, paragraph 19.3 and subparagraphs 35 i, iii, iv and v of subsection 143 (1) do not apply to derivatives traded by,

  (a)  Her Majesty in right of Ontario or the Ontario Financing Authority when acting as agent for Her Majesty in right of Ontario;

  (b)  Her Majesty in right of Canada;

   (c)  Her Majesty in right of any other province or territory of Canada; or

  (d)  an agent or servant of Her Majesty in right of Ontario prescribed by the Lieutenant Governor in Council.

Conditions and restrictions

   (4)  An agent or servant of Her Majesty in right of Ontario prescribed under clause 142 (3) (d) shall comply with such conditions and restrictions relating to the exception as may be prescribed by the Lieutenant Governor in Council.

   10.  (1)  Subparagraphs 28 ii, iii, iv, v, vi, vii, viii and ix of subsection 143 (1) of the Act are repealed and the following substituted:

           ii.  establishing different classes of take-over bids and issuer bids and prescribing requirements in respect of each such class,

          iii.  restricting the ability of a person or company to acquire or sell a security before, during or after an offer to acquire, acquisition, redemption, related party transaction, business combination or similar transaction,

          iv.  prescribing the disclosure, certification, delivery or dissemination of any circular, notice, report or other document required to be filed or delivered to a person or company,

           v.  prescribing requirements relating to the conduct or management of the affairs of an issuer, and its directors and officers, before, during or after an offer to acquire, acquisition, redemption, related party transaction, business combination or similar transaction,

          vi.  prescribing requirements, prohibitions, restrictions and thresholds in respect of early warning,

         vii.  prescribing requirements respecting defensive tactics in connection with take-over bids,

        viii.  prescribing requirements to be met by a person or company that acquires an interest or right in or to, or a right or obligation associated with, a related financial instrument,

          ix.  varying any or all of the time periods in the regulations related to Part XX,

           x.  prescribing exemptions from the requirements of Part XX or the regulations related to it, and

          xi.  removing or varying exemptions from the requirements of Part XX or the regulations related to it.

   (2)  The English version of paragraph 55.2 of subsection 143 (1) of the Act is amended by striking out “takeover” and substituting “take-over”.

Commencement

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

Same

   (2)  Sections 1, 2 and 3, subsections 4 (2) and (3), and sections 5, 7, 8 and 10 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 19
SUPPLEMENTARY 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.

Additional amounts to be paid or recognized

   2.  All amounts authorized under sections 3, 4 and 5 to be paid out of the Consolidated Revenue Fund or recognized as non-cash expenses or non-cash investments are in addition to the amounts authorized to be paid out of the Consolidated Revenue Fund or recognized as non-cash expenses or non-cash investments under sections 2, 3 and 4 of the Interim Appropriation for 2015-2016 Act, 2015.

Expenses 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 $2,663,000,000 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

   4.  Pending the voting of supply for the fiscal year ending on March 31, 2016, amounts not exceeding a total of $87,000,000 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

   5.  Pending the voting of supply for the fiscal year ending on March 31, 2016, amounts not exceeding a total of $9,312,700 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

   6.  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

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

Short title

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

SCHEDULE 20
TAXATION ACT, 2007

   1.  (1)  The definition of “excluded government assistance” in subsection 90 (11) of the Taxation Act, 2007 is repealed and the following substituted:

“excluded government assistance” means the forms of assistance listed in clauses (a) to (d) of the definition of “government assistance” in this subsection; (“aide gouvernementale exclue”)

   (2)  The definition of “government assistance” in subsection 90 (11) of the Act is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

  (d)  payments from the 2015 Ontario Production Services and Computer Animation and Special Effects Transitional Fund administered by the Ontario Media Development Corporation;

   2.  Paragraph 4 of subsection 93 (15) of the Act is repealed and the following substituted:

    4.  If, before April 24, 2015, the Ontario Media Development Corporation issued a certificate under subsection (10) to the qualifying corporation in respect of the product, or sent a letter to notify the qualifying corporation that the product does not qualify for certification, all or substantially all of the product is developed in Ontario by the qualifying corporation.

   3.  Clause 97 (8) (c) of the Act is amended by striking out “subparagraph 37 (1) (a) (i), (i.1) or (ii) of the Federal Act” in the portion before subclause (i) and substituting “subparagraph 37 (1) (a) (i.01), (i.1) or (ii) of the Federal Act”.

   4.  (1)  The definition of “principal residence” in subsection 98 (1) of the Act is amended by striking out “non-seasonal”.

   (2)  Subsection 98 (2.1) of the Act is amended by striking out “non-seasonal” wherever it appears in the portion before paragraph 1.

   (3)  The English version of paragraph 2 of subsection 98 (2.1) of the Act is amended by striking out “non-seasonal”.

   (4)  Subsection 98 (3.1) of the Act is amended by striking out “non-seasonal” wherever it appears in the portion before paragraph 1.

   (5)  The English version of paragraph 2 of subsection 98 (3.1) of the Act is amended by striking out “non-seasonal”.

   (6)  Paragraph 4 of subsection 98 (5) of the Act is repealed and the following substituted:

    4.  No amount may be included in determining the amount of an individual’s occupancy cost for a taxation year in respect of a principal residence that,

            i.  consists of premises that are part of a chronic care facility or other similar institution that is prescribed, or that are part of any long-term care home or home for special care, if the facility, institution or home was exempt in whole or in part from municipal tax for the year and for which no grant in lieu of municipal tax is payable by the owner of the facility, institution or home under any statutory authority or, if such a grant in lieu is payable, the owner has not paid it, or

           ii.  was exempt in whole or in part from municipal tax for the year and for which no grant in lieu of municipal tax is payable by the owner under any statutory authority or, if such a grant in lieu is payable, the owner has not paid it.

   5.  (1)  The definition of “eligible fitness expense” in subsection 103.1 (1) of the Act is amended by striking out “subsection 118.03 (1)” and substituting “subsection 122.8 (1)”.

   (2)  Subparagraph 1 iii of the definition of “qualifying activity” in subsection 103.1 (1) of the Act is amended by striking out “subsection 118.03 (1)” and substituting “subsection 122.8 (1)”.

   (3)  The definition of “qualifying child” in subsection 103.1 (1) of the Act is amended by striking out “subsection 118.03 (1)” and substituting “subsection 122.8 (1)”.

   6.  The definition of “principal residence” in subsection 103.4 (1) of the Act is amended by striking out “non-seasonal”.

   7.  (1)  Paragraph 1 of subsection 103.11 (3) of the Act is amended by striking out “non-seasonal”.

   (2)  Paragraph 3 of subsection 103.11 (3) of the Act is amended by striking out “non-seasonal”.

   8.  (1)  Paragraph 2 of subsection 104.1 (1.1) of the Act is amended by striking out “non-seasonal” in the portion before subparagraph i.

   (2)  Subparagraph 5 ii of subsection 104.1 (2) of the Act is amended by striking out “non-seasonal”.

   (3)  Paragraph 6 of subsection 104.1 (2) of the Act is repealed and the following substituted:

    6.  The individual was not confined to a prison or similar institution for a period that includes December 31 of the previous taxation year and the first 179 days in the taxation year.

   9.  (1)  The definition of “C” in subsection 105 (2) of the Act is amended by striking out “highest tax rate” and substituting “top marginal tax rate”.

   (2)  The definition of “T” in paragraph 1 of subsection 105 (3.0.3) of the Act is repealed and the following substituted:

         “T”  is,

                 (a)  if the relevant year ends after December 31, 2015, the top marginal tax rate for the relevant year for the purposes of Division B of Part II of this Act, and

                 (b)  if the relevant year ends before January 1, 2016, the highest tax rate for the relevant year for the purposes of Division B of Part II of this Act, and

   (3)  The definition of “T” in clause (b) of the definition of “F” in subsection 105 (4) of the Act is repealed and the following substituted:

                 “T”  is,

                         (i)  if the relevant year ends after December 31, 2015, the top marginal tax rate for the relevant year for the purposes of Division B of Part II of this Act, and

                        (ii)  if the relevant year ends before January 1, 2016, the highest tax rate for the relevant year for the purposes of Division B of Part II of this Act, and

Commencement

   10.  (1)  Subject to subsections (2) to (7), this Schedule comes into force on the day Budget Measures Act, 2015 receives Royal Assent.

Same

   (2)  Sections 1 and 2 are deemed to have come into force on April 24, 2015.

Same

   (3)  Section 3 is deemed to have come into force on January 1, 2013.

Same

   (4)  Subsection 4 (6) is deemed to have come into force on July 1, 2010.

Same

   (5)  Section 5 is deemed to have come into force on January 1, 2015.

Same

   (6)  Subsection 8 (3) is deemed to have come into force on January 1, 2009.

Same

   (7)  Section 9 comes into force on January 1, 2016 or, if the Budget Measures Act, 2015 receives Royal Assent after that date, that section is deemed to have come into force on January 1, 2016.

SCHEDULE 21
TOBACCO TAX ACT

   1.  Subsection 2 (1.8) of the Tobacco Tax Act is repealed and the following substituted:

Same

   (1.8)  Despite subsection (1.7), if the retail dealer of the cigar also operates as a wholesaler, importer or manufacturer of cigars, for the purposes of subsection (1.5), the taxable price of the cigar is equal to the price that the consumer is deemed to have paid for the cigar under subsection (1.9).

   2.  (1)  Section 2.2 of the Act is amended by adding the following subsections:

Same, damaged or lost tobacco

   (12)  If raw leaf tobacco that is owned by a person who holds a registration certificate issued under this section is damaged or lost, that person shall give the Minister the following information, in the form and manner specified by the Minister, and within the time period set out below:

    1.  Within one day of the tobacco being damaged or lost, particulars of the damaged or lost tobacco, including the quantity and type of tobacco and the date on which the tobacco was damaged or lost.

    2.  As soon as practicable, any documents relating to the damage or loss, including a copy of the insurance claim and proof of the insurance proceeds received in respect of the claim, if any.

Same, stolen tobacco

   (13)  If raw leaf tobacco that is owned by a person who holds a registration certificate issued under this section is stolen, that person shall give the Minister the following information, in the form and manner specified by the Minister, and within the time period set out below:

    1.  Within one day of the tobacco being stolen, particulars of the stolen tobacco, including the quantity and type of tobacco and the date on which the tobacco was stolen.

    2.  As soon as practicable, any documents relating to the theft, including a copy of the police report, a copy of the insurance claim and proof of the insurance proceeds received in respect of the claim, if any.

Same, import of tobacco

   (14)  If a person who holds a registration certificate issued under this section or section 7 intends to bring raw leaf tobacco into Ontario or to cause it to be brought into Ontario, that person shall give the Minister the following information, within the time period and in the form and manner specified by the Minister:

    1.  Particulars of the tobacco, including the quantity and type of tobacco, the date on which the tobacco is to be brought into Ontario, and the location where the tobacco will be received.

    2.  Information that is sufficient to satisfy the Minister that the tobacco has been received in Ontario, and the particulars of the tobacco listed in paragraph 1.

Same, export of tobacco

   (14.1)  If a person who holds a registration certificate issued under this section intends to take raw leaf tobacco out of Ontario or to cause it to be taken out of Ontario, that person shall give the Minister the following information, within the time period and in the form and manner specified by the Minister:

    1.  Particulars of the tobacco, including the quantity and type of tobacco, the date on which the tobacco is to be taken out of Ontario, and the location where the tobacco will be received.

    2.  Information that is sufficient to satisfy the Minister that the tobacco has been taken out of Ontario, and the particulars of the tobacco listed in paragraph 1.

Disclosure of information

   (14.2)  The Ontario Flue-Cured Tobacco Growers’ Marketing Board and the Ontario Farm Products Marketing Commission shall disclose to the Minister, or cause to be disclosed to the Minister, information that the Minister considers to be necessary for the administration and enforcement of this section or section 2.3.

   (2)  Paragraphs 1 to 4 of subsection 2.2 (16) of the Act are repealed and the following substituted:

    1.  $2,500, if it is the person’s first penalty assessed under this subsection.

    2.  $5,000 if it is the person’s second penalty assessed under this subsection.

    3.  $15,000 if the person has been assessed for a penalty under this subsection at least two times before.

   (3)  Section 2.2 of the Act is amended by adding the following subsections:

Offence, subss. (11) - (13)

   (17)  Every person who fails to provide information as required under subsection (11), (12) or (13) is guilty of an offence and, on conviction, is liable to a fine of not less than $500 and not more than $5,000.

Penalty, subss. (11) - (13)

   (18)  Every person who fails to provide information as required under subsection (11), (12) or (13) shall pay to the Minister a penalty, when assessed for it, equal to $1,000 in respect of each failure to provide information.

Offence, subss. (14) and (14.1)

   (19)  Every person who fails to provide information as required under subsection (14) or (14.1) is guilty of an offence and, on conviction, is liable to the following penalties:

    1.  A fine of not less than $10,000 and not more than $1,000,000.

    2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco for which information was not provided as required exceeds 3,200 kilograms or if it is not the person’s first conviction under this section.

Penalty, subss. (14) and (14.1)

   (20)  Every person who fails to provide information as required under subsection (14) or (14.1) shall pay to the Minister a penalty, when assessed for it, equal to the sum of the following amounts:

    1.  $25 for every kilogram of raw leaf tobacco brought into Ontario for which information was not provided as required under subsection (14).

    2.  $25 for every kilogram of raw leaf tobacco taken out of Ontario for which information was not provided as required by paragraph 1 of subsection (14.1).

    3.  $25 for every kilogram of raw leaf tobacco taken out of Ontario for which information was not provided as required by paragraph 2 of subsection (14.1).

    4.  An amount equal to,

            i.  $2,500 if it is the person’s first penalty assessed under this subsection.

           ii.  $5,000 if it is the person’s second penalty assessed under this subsection.

          iii.  $15,000 if the person has been assessed for a penalty under this subsection at least two times before.

   3.  (1)  Subsection 2.3 (10) of the Act is repealed and the following substituted:

Same

   (10)  No person other than an interjurisdictional transporter shall, in Ontario, transport raw leaf tobacco unless,

  (a)  the person holds a registration certificate issued under section 2.2 or 7 or is transporting the raw leaf tobacco on behalf of a person who holds a registration certificate issued under section 2.2 or 7; and

  (b)  the person complies with any additional requirements respecting the transport and delivery of raw leaf tobacco in Ontario that are prescribed by the Minister.

   (2)  Subsection 2.3 (11) of the Act is amended by striking out “clause (10) (a) or (b)” and substituting “clause (10) (a)”.

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

Labelling requirements re raw leaf tobacco

Possession

   2.4  (1)  No person shall, unless permitted under this Act or the regulations to do so, possess any quantity of raw leaf tobacco unless,

  (a)  the tobacco is baled or packaged at the time and in the manner prescribed by the Minister; and

  (b)  the baled or packaged tobacco is labelled in the manner prescribed by the Minister with a marker that is in the form approved by the Minister.

Importing

   (2)  No person shall, unless permitted under this Act or the regulations to do so, bring any quantity of raw leaf tobacco into Ontario or cause it to be brought into Ontario unless,

  (a)  the tobacco is baled or packaged in the manner prescribed by the Minister; and

  (b)  the baled or packaged tobacco is labelled in the manner prescribed by the Minister with a marker that is in the form approved by the Minister.

Penalty, possession

   (3)  Every person who contravenes subsection (1) shall pay a penalty, when assessed for it, equal to the sum of the following amounts:

    1.  $25 for every kilogram of raw leaf tobacco possessed contrary to subsection (1).

    2.  An amount equal to,

            i.  $2,500, if it is the person’s first penalty assessed under this subsection,

           ii.  $5,000 if it is the person’s second penalty assessed under this subsection, or

          iii.  $15,000 if the person has been assessed for a penalty under this subsection at least two times before.

Offence, possession

   (4)  Every person who contravenes subsection (1) is guilty of an offence and, on conviction, is liable to the following penalties:

    1.  A fine of not less than $10,000 and not more than $1,000,000.

    2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco exceeds 3,200 kilograms or if it is not the person’s first conviction under this section.

Penalty, importing

   (5)  Every person who contravenes subsection (2) shall pay a penalty, when assessed for it, equal to the sum of the following amounts:

    1.  $25 for every kilogram of raw leaf tobacco brought or caused to be brought into Ontario in contravention of subsection (2).

    2.  An amount equal to,

            i.  $2,500, if it is the person’s first penalty assessed under this subsection,

           ii.  $5,000 if it is the person’s second penalty assessed under this subsection, or

          iii.  $15,000 if the person has been assessed for a penalty under this subsection at least two times before.

Offence, importing

   (6)  Every person who contravenes subsection (2) is guilty of an offence and, on conviction, is liable to the following penalties:

    1.  A fine of not less than $10,000 and not more than $1,000,000.

    2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco exceeds 3,200 kilograms or if it is not the person’s first conviction under this section.

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

Records to be kept, raw leaf tobacco

   22.2  (1)  Every person who holds a registration certificate issued under section 2.2 or 7 shall keep in the person’s principal place of business in Ontario records and books in the form and containing the information that will enable the accurate determination of raw leaf tobacco produced, processed, sold, purchased, imported or exported by the person.

Same

   (2)  Every person referred to in subsection (1) who produces, processes, sells, purchases, imports, exports or otherwise acquires raw leaf tobacco that is required to be labelled with a marker under section 2.4 shall record in the person’s books or records the information prescribed by the Minister that is found on the marker.

Same

   (3)  Every person referred to in subsection (1) or (2) shall maintain the records and books, as well as any other document necessary to verify the information in the records and books, for a period of seven years following the end of the person’s fiscal year to which the records and books relate, unless written permission for their disposal is received from the Minister.

   6.  Section 23 of the Act is amended by adding the following subsection:

Same, sample

   (1.1)  Any person authorized to examine an inventory of raw leaf tobacco under clause (1) (b.0.2) may, at the expense of the owner, obtain a sample of raw leaf tobacco examined under that clause.

   7.  (1)  Section 23.0.1 of the Act is amended by adding the following subsection:

Exception

   (1.1)  This section does not apply to raw leaf tobacco that is required to be baled or packaged under section 2.4 but that has not been baled or packaged as required.

   (2)  Subsection 23.0.1 (4) of the Act is repealed and the following substituted:

Offence, unauthorized disposal

   (4)  Every person who contravenes subsection (3) is guilty of an offence and, on conviction, is liable to the following penalties:

    1.  A fine of not less than $10,000 and not more than $1,000,000.

    2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco exceeds 3,200 kilograms or if it is not the person’s first conviction under this section.

Penalty for unauthorized disposal:

   (4.1)  If a person contravenes subsection (3), the person shall pay a penalty, when assessed for it, equal to the sum of the following amounts:

    1.  $25 for every kilogram of raw leaf tobacco disposed of contrary to subsection (3).

    2.  An amount equal to,

            i.  $2,500, if it is the person’s first penalty assessed under this subsection.

           ii.  $5,000, if it is the person’s second penalty assessed under this subsection.

          iii.  $15,000 if the person has been assessed for a penalty under this subsection at least two times before.

   8.  (1)  Subsection 23.0.2 (1) of the Act is repealed and the following substituted:

Seizure of raw leaf tobacco being purchased, sold, etc.

   (1)  If, on an inspection under subsection 23 (1), a person authorized by the Minister discovers raw leaf tobacco, the person may, subject to subsection (2), seize, impound, hold and dispose of the tobacco, if the person has reasonable grounds to believe,

  (a)  that the tobacco has been brought into Ontario or has been purchased, sold, transported or delivered in contravention of section 2.3; or

  (b)  that the tobacco is not baled, packaged or labelled in accordance with section 2.4.

   (2)  Subsection 23.0.2 (3) of the Act is repealed and the following substituted;

Right to possession of raw tobacco

   (3)  For the purposes of an application under subsection (2), the applicant has a right to possession of the raw leaf tobacco if,

  (a)  the tobacco was seized under clause (1) (a) and, at the time the seizure was made,

           (i)  the applicant was the holder of a registration certificate issued under section 2.2, 6 or 7, and

          (ii)  the tobacco was brought into Ontario or was purchased, sold, transported or delivered in accordance with the conditions or restrictions, if any, on the applicant’s registration certificate; or

  (b)  the tobacco was seized under clause (1) (b) and, at the time the seizure was made, the requirements of section 2.4 to bale, package or label tobacco did not apply in respect of the tobacco.

   9.  (1)  Clause 23.0.3 (1) (b) of the Act is repealed and the following substituted:

  (b)  that stopping and detaining the vehicle and examining its contents would assist in determining whether,

           (i)  the raw leaf tobacco is being transported in compliance with subsections 2.3 (9), (10) and (11), or

          (ii)  the raw leaf tobacco is baled or packaged and labelled in accordance with section 2.4.

   (2)  Subsection 23.0.3 (2) of the Act is repealed and the following substituted:

Seizure, etc., of raw leaf tobacco

   (2)  If, on an inspection under subsection (1), the person authorized by the Minister discovers raw leaf tobacco, the person may, subject to subsection (3), seize, impound, hold and dispose of the tobacco, if the person has reasonable grounds to believe,

  (a)  that the tobacco is not being transported in compliance with subsections 2.3 (9), (10) and (11); or

  (b)  that the tobacco is not baled, packaged or labelled in accordance with section 2.4.

   (3)  Subsection 23.0.3 (4) of the Act is repealed and the following substituted:

Right to possession of raw tobacco

   (4)  For the purposes of an application under subsection (3), the applicant has a right to possession of the raw leaf tobacco if,

  (a)  the tobacco was seized under clause (2) (a) and, at the time the seizure was made,

           (i)  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),

          (ii)  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

         (iii)  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); or

  (b)  the tobacco was seized under clause (2) (b) and, at the time the seizure was made, the requirements of section 2.4 to bale, package or label tobacco did not apply in respect of the tobacco.

   10.  (1)  Subsection 24 (4.2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Saving, raw leaf tobacco

   (4.2)  Despite subsection (3), if raw leaf tobacco is found following a detention under subsection (1), the raw leaf tobacco shall not be seized, impounded, held or disposed of if the raw leaf tobacco is baled or packaged and labelled in accordance with section 2.4 and,

.     .     .     .     .

   (2)  Subsection 24 (6.1) of the Act is repealed and the following substituted:

Same, raw leaf tobacco

   (6.1)  For the purposes of an application under subsection (5) with respect to raw leaf tobacco, the applicant has a right to possession of the tobacco if, at the time the seizure was made, the requirements of section 2.4 to bale, package or label tobacco did not apply in respect of the tobacco, and if,

  (a)  the owner, or the person for whom the tobacco was being transported, was, at the time the seizure was made, a person specified in subsection (4.2) as someone from whom tobacco was not to be seized; or

  (b)  the tobacco was in the possession of a person who is not the owner of the tobacco, and the owner was, at the time the seizure was made, in compliance with the conditions and restrictions of the owner’s registration certificate.

   11.  Section 32.1 of the Act is amended by adding the following subsection:

Exception re raw leaf tobacco

   (3)  Despite subsection (2), the Minister may disclose the name and address of a person described in paragraph 1.1 of subsection (1) to the Ontario Flue-Cured Tobacco Growers’ Marketing Board if, in the Minister’s opinion, the disclosure is necessary to the functioning of the Board.

Commencement

   12.  This Schedule comes into force on the day the Budget Measures Act, 2015 receives Royal Assent.

SCHEDULE 22
TRILLIUM TRUST ACT, 2014

   1.  (1)  The English version of the definition of “constructing” in subsection 1 (1) of the Trillium Trust Act, 2014 is repealed and the following substituted:

“construction” includes reconstruction, improvement, extension, alteration, replacement and repair; (“construction”)

   (2)  The definitions of “net proceeds of disposition”, “qualifying asset” and “tangible capital asset” in subsection 1 (1) of the Act are repealed.

   2.  Sections 2, 3, 4, 5 and 6 of the Act are repealed and the following substituted:

Trillium Trust

   2.  The Minister of Finance shall maintain in the Public Accounts an account to be known as the Trillium Trust in which shall be recorded the following amounts:

    1.  Prescribed amounts of designated proceeds of disposition of qualifying assets.

    2.  Prescribed amounts of prescribed non-cash benefits that are recognized by the Crown in connection with dispositions of qualifying assets.

    3.  All expenditures of public money under this Act.

Qualifying assets

   3.  (1)  The following assets, and such other assets as may be designated by regulation, are qualifying assets for the purposes of this Act:

    1.  Voting securities of Hydro One Limited that are held by the Minister of Energy on behalf of Her Majesty in right of Ontario.

    2.  Voting securities of Hydro One Brampton Networks Inc. that are held by Brampton Distribution Holdco Inc.

    3.  Real property owned by the Liquor Control Board of Ontario in the City of Toronto at the addresses known municipally as 55 Lakeshore Boulevard East, 43 Freeland Street and 2 Cooper Street, and the interest of the Liquor Control Board of Ontario in real property adjacent to the real property at those addresses.

    4.  Real property owned by Ontario Power Generation Inc. in the City of Toronto at the addresses municipally known as 700 University Avenue and 40 Murray Street.

    5.  Real property owned by Ontario Power Generation Inc. in the City of Mississauga at the address municipally known as 800 Hydro Road, including any adjacent water lots owned by Ontario Power Generation Inc.

Same

   (2)  Subject to subsection (3), an asset is eligible to be designated as a qualifying asset either before or after it has been disposed of.

Restriction

   (3)  An asset is not eligible to be designated as a qualifying asset after the books of the Government of Ontario are closed for the fiscal year in which the asset is disposed of.

Same

   (4)  The restriction described in subsection (3) does not apply with respect to the assets listed in paragraphs 1 to 5 of subsection (1).

Designated proceeds of disposition

   4.  The designated proceeds of disposition of a qualifying asset of a ministry or public entity are equal to the gross revenues recognized by the ministry or public entity, as the case may be, for the disposition less the following amounts:

    1.  The book value of the qualifying asset as of the date on which it was disposed.

    2.  Any prescribed costs incurred, and the value of any prescribed obligations assumed, by any ministry or any public entity in connection with the disposition of the qualifying asset.

Payment into Consolidated Revenue Fund

   5.  When a public entity disposes of a qualifying asset, the public entity shall promptly pay the designated  proceeds of disposition into the Consolidated Revenue Fund.

Amounts credited to the Trillium Trust

   6.  The Trillium Trust shall be credited with the following amounts in connection with the disposition of a qualifying asset:

    1.  The prescribed amount of designated proceeds of disposition.

    2.  The prescribed amount of any other prescribed non-cash benefit that is recognized by the Crown in connection with the disposition.

Authorized expenditures

   7.  (1)  Amounts not exceeding the balance in the Trillium Trust may be paid out of the Consolidated Revenue Fund for the following purposes:

    1. To fund, directly or indirectly, costs relating to the construction or acquisition of infrastructure.

    2. To reimburse the Crown for expenditures incurred by the Crown, directly or indirectly, for a purpose described in paragraph 1.

Reimbursement

   (2)  A reimbursement described in paragraph 2 of subsection (1) must be made before the books of the Government of Ontario are closed for the fiscal year in which the expenditures are incurred.

Regulations

   8.  Subject to the approval of the Lieutenant Governor in Council, the Treasury Board may make regulations prescribing anything that is permitted or required by this Act to be prescribed, designated or done by regulation or in accordance with the regulations.

Commencement

   3.  This Schedule comes into force on the day the Budget Measures Act, 2015 receives Royal Assent.

SCHEDULE 23
WORKPLACE SAFETY AND INSURANCE ACT, 1997

   1.  Subsections 43 (5) and (6) of the Workplace Safety and Insurance Act, 1997 are repealed and the following substituted:

Calculation of amount

   (5)  The calculation of the amount of the payments is subject to the following rules:

    1.  The amount of the payment must be adjusted by the indexing factor for each January 1, beginning January 1, 2018.

    2.  The amount described in clause (2) (b) must reflect any disability payments paid to the worker under the Canada Pension Plan or the Quebec Pension Plan in respect of the injury.

   2.  Section 49 of the Act is repealed and the following substituted:

Indexing factor

   49.  (1)  Subject to subsection (2), on January 1 of every year, an indexing factor shall be calculated that is equal to the amount of the percentage change in the Consumer Price Index for Canada for all items, for the 12-month period ending on October 31 of the previous year, as published by Statistics Canada.

Same, minimum

   (2)  The indexing factor calculated under subsection (1) shall not be less than 0 per cent.

Application

   (3)  The indexing factor applies with respect to the calculation of all amounts payable under this Part.

   3.  Section 50 of the Act is repealed.

   4.  (1)  Subsection 51 (1) of the Act is amended by striking out “general indexing factor” and substituting “indexing factor.

   (2)  Subsections 51 (1.1) and (3) to (7) of the Act are repealed.

   5.  Sections 52 and 52.1 of the Act are repealed and the following substituted:

Annual adjustment of amounts payable

   52.  On January 1 every year, the Board shall adjust the amounts payable under this Part by applying the indexing factor to the amounts payable as adjusted on the preceding January 1.

Increases prospective

   52.1  (1)  Nothing in sections 51 and 52 entitles a person to claim additional compensation under this Act for any period before January 1, 2018.

Same, adjustments

   (2)  Nothing in sections 51 and 52 authorizes the Board to adjust amounts payable to a person under this Act for any period before January 1, 2018.

Transition

   52.2  Amounts payable under this Act for any period before January 1, 2018 shall be adjusted in accordance with sections 49, 50, 51 and 52 as they read on December 31, 2017, regardless of when the Board determines that the worker is entitled to the amount.

   6.  Section 54 of the Act is amended by adding the following subsection:

Indexation

   (3)  On January 1 every year, the Board shall adjust the amount that, in the year the worker was injured, was deemed to be a worker’s average earnings under subsection (1) by applying the indexing factor to the amount as first determined, or as adjusted on the preceding January, as the case may be, and shall round the adjusted amount to the nearest $100.

   7.  Subsection 55 (2) of the Act is repealed.

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

Indexation of compensation for future loss of earnings

   107.1  (1)  For the purposes of determining compensation payable under section 43 of the pre-1997 Act on or after January 1, 2018, subsections 43 (4) and (5) of the pre-1997 Act shall be deemed to be repealed.

Same

   (2)  For the purposes of determining compensation payable under section 43 of the pre-1997 Act on or after January 1, 2018, subsection 43 (6.1) of the pre-1997 Act shall be deemed to be repealed and the following substituted:

Indexing

                   (6.1)  The amount of compensation payable under this section shall be adjusted on January 1 each year by applying the indexing factor described in subsection 148 (1).

   9.  Section 111 of the Act is repealed and the following substituted:

Indexation of compensation payable on or after January 1, 2018

   111.  (1)  This section applies for the purposes of determining compensation payable under the pre-1997 Act on or after January 1, 2018.

Same

   (2)  Section 148 of the pre-1997 Act shall be deemed to be repealed and the following substituted:

Indexation

                   148.  (1)  The indexing factor determined under subsection 49 (1) of the Workplace Safety and Insurance Act, 1997 applies with respect to the calculation of all compensation payable under this Act.

Annual adjustment

                   (2)  On the 1st day of January in each year, beginning January 1, 2018, the Board shall,

         (a)  adjust the dollar amounts set out in this Act and in provisions continued by Part III by applying the indexing factor to the amounts as adjusted under this Part on the preceding January; and

         (b)  adjust the amounts payable under this Act and under provisions continued by Part III by applying the indexing factor to the amounts payable as adjusted under this Part on the preceding January.

Increases prospective

                   (3)  Nothing in this section entitles a person to claim additional compensation under this Act for any period before January 1, 2018.

Same, adjustments

                   (4)  Nothing in this section authorizes the Board to adjust amounts payable to a person under this Act for any period before January 1, 2018.

Transition, indexation of compensation payable before January 1, 2018

   111.1  (1)  This section applies for the purposes of determining compensation payable under the pre-1997 Act before January 1, 2018.

Same

   (2)  Subsections 148 (1) and (1.1) of the pre-1997 Act shall be deemed to be repealed and the following substituted:

Indexation

                   (1)  Subject to subsection (1.2), the general indexing factor determined under subsection 49 (1) of the Workplace Safety and Insurance Act, 1997, as it read on December 31, 2017, applies with respect to the calculation of all compensation payable under this Act.

Same

   (3)  That portion of subsection 148 (1.2) of the pre-1997 Act that precedes paragraph 1 shall be deemed to be repealed and the following substituted:

Exception

                   (1.2)  The alternate indexing factor determined under subsection 50 (1) of the Workplace Safety and Insurance Act, 1997, as it read on December 31, 2017, applies with respect to the calculation of the following:

.     .     .     .     .

Same

   (4)  Paragraph 6 of subsection 148 (1.2) of the pre-1997 Act shall be deemed to be repealed.

Same

   (5)  Subsection 148 (1.3) of the pre-1997 Act shall be deemed to be repealed.

Same

   (6)  The pre-1997 Act shall be deemed to be amended by striking out “subsection 148 (1.3)” wherever it appears in paragraph 1 of subsection 43 (4), subparagraph 2 ii of subsection 43 (4), paragraph 1 of subsection 43 (5) and clause 43 (6.1) (b) and substituting in each case “subsection 148 (1.2)”.

Same

   (7)  Subsection 148 (2) of the pre-1997 Act shall be deemed to be amended by striking out “the indexing factor” in clauses (a) and (b) and by substituting in clause (a) “the general indexing factor” and in clause (b) “the general or alternate indexing factor, as the case may be”.

Commencement

   10.  This Schedule comes into force on January 1, 2018.

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 144 and does not form part of the law.  Bill 144 has been enacted as Chapter 38 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
Assessment Act

Currently, subsection 3 (1) of the Assessment Act exempts from tax land used and occupied by children’s treatment centres that receive provincial aid under the Ministry of Community and Social Services Act. An amendment provides that treatment centres must also satisfy such other requirements as may be prescribed by the Minister of Finance.

Subsection 3 (1) of the Act currently exempts land owned or leased by designated airport authorities within the meaning of the Airport Transfer (Miscellaneous Matters) Act (Canada). Amendments are made to also exempt other authorities that operate airports and that are prescribed by the regulations. The amendment applies to taxation years after 2012. Consequential amendments are made to subsections 2 (5) and (6).

Currently, section 39.1 of the Act governs requests for reconsideration of assessments to the Municipal Property Assessment Corporation and section 40 provides rules governing appeals to the Assessment Review Board. Various amendments are made to various deadlines set out in both sections with respect to taxation years after 2016. Also, various spent provisions are repealed.

A technical amendment is made to subsection 2 (2) of the Act.

SCHEDULE 2
city of toronto Act, 2006

Currently, subsection 289 (8) of the City of Toronto Act, 2006 enables the Minister of Finance to make regulations that exempt property from Part XII (Limits on Traditional Municipal Taxes) of the Act. The subsection is re-enacted so that the Minister is also able to make regulations that provide that property in the City is exempt from Part XII if the City passes a by-law to have the property exempt. New subsection 289 (9) enables the Minister to make regulations that provide that Part XII does not apply in the City if the City passes a by-law to have the Part not apply.

Currently, subsection 292 (1) of the Act provides that the City may pass a by-law to have some or all of the rules specified in the subsection apply in the calculation of property taxes for certain property classes. Currently, the rules in paragraphs 1 and 2 of the subsection refer to a specific percentage and the rules in paragraphs 3 and 4 refer to a dollar amount. Amendments are made to enable the Minister of Finance to prescribe different percentages and different dollar amounts. Also, paragraph 5 of the subsection, which is spent, is repealed.

New subsection 302 (1.1) and (1.2) of the Act enable the Minister of Finance to make regulations that modify the determination of maximum taxes under Part XII (Limits on Traditional Municipal Taxes) and the determination of the tenant’s cap under that Part.

SCHEDULE 3
electricity act, 1998

Currently, section 85 of the Act defines “stranded debt” and “residual stranded debt”, and provides for the determination of these amounts.  After the Minister of Finance determines that the residual stranded debt has been retired and publishes a notice of that fact, the debt retirement charge paid to the Financial Corporation on the consumption of electricity does not apply.  The section is amended to remove references to the stranded debt and residual stranded debt and to provide that the debt retirement charge is not payable on electricity consumed after March 31, 2018.

The definition of “municipal electricity utility” in section 88 of the Act is amended to include certain corporations and entities that are exempt from the payment of tax under the Income Tax Act (Canada) and that generate, transmit, distribute or retail electricity in Ontario.

The new section 91.2 requires the Minister of Finance to pay to the Financial Corporation from the Consolidated Revenue Fund an amount equal to the amount of tax payable under the Taxation Act, 2007 by Hydro One Inc. or a subsidiary of Hydro One Inc.

Amendments are made to the provisions dealing with payments in lieu of property taxes.

SCHEDULE 4
escheats act, 2015

The Schedule enacts the Escheats Act, 2015, which repeals and replaces the existing Escheats Act.  Similar to its predecessor, the new Act gives the Public Guardian and Trustee powers in respect of certain types of property that have become the property of the Crown.

Section 2 of the Act authorizes the Public Guardian and Trustee to take possession of specified property in the name of the Crown if he or she is of the opinion that specified circumstances apply.  The Public Guardian and Trustee is also authorized to cause proceedings to be brought if possession of the property is withheld.

Sections 3 to 8 of the Act provide for the ways in which property of which the Public Guardian and Trustee is authorized to take possession under section 2 may be dealt with.  The following are examples:

The Public Guardian and Trustee may grant certain property to certain persons, may waive or release the Crown’s rights in respect of the property or may return the property to the prior owner (sections 3 and 4).  Grants, waivers, releases and returns are subject to specified limitations.

The Lieutenant Governor in Council may grant certain property to a person having a moral claim in respect of property of a deceased individual (section 5).

A person establishing a legal claim to property of a deceased individual is entitled to receive the property (section 6).

The Public Guardian and Trustee may transfer or assign charitable property to a charity (section 7).

The Public Guardian and Trustee may transfer, assign or discharge certain land at such price and on such terms as he or she considers proper (section 8).

The Public Guardian and Trustee may make orders cancelling interests purported to be created in property after it has become property of which he or she is authorized to take possession under section 2 (section 13).

Rules are set out regarding the manner in which the Public Guardian and Trustee administers property under the Act, including rules regarding payment of property into the Consolidated Revenue Fund (section 15).

The Public Guardian and Trustee may determine amounts due to the Crown in connection with property of which he or she is authorized to take possession under section 2 (section 16).  If the property became the property of the Crown as a result of the dissolution of a corporation, the Public Guardian and Trustee may apply to the Superior Court of Justice for an order requiring a former officer or director of the dissolved corporation to pay some or all of the amounts due to the Crown (section 17).

Section 10 of the Act exempts the Public Guardian and Trustee from any obligations in relation to property of which he or she is authorized to take possession under section 2.  Section 10 also confers immunity on the Crown, the Minister, the Deputy Minister, the Public Guardian and Trustee, and any servant, agent, official or employee of the Crown for specified acts, neglects, defaults or omissions of specified individuals in relation to the property.  Other matters dealt with in the Act include: the reporting of information by the Public Guardian and Trustee (sections 18 and 19); the collection, use and disclosure of information (sections 20 to 23); and regulation-making powers of the Lieutenant Governor in Council (section 25).

Complementary amendments are made to various other statutes.

SCHEDULE 5
FINANCIAL ADMINISTRATION ACT

The Financial Administration Act is amended by adding a new section 1.0.25.1 which relates to the administration and enforcement of the Act. The new section requires certain persons and entities to provide specified information to a ministry or public entity before engaging in a financial transaction with the ministry or public entity, or upon request if a financial transaction has already been entered into. The information to be provided includes the person’s or entity’s contact information, its business number as defined in subsection 248 (1) of the Income Tax Act (Canada) and its business identifier, if any, under the Business Regulation Reform Act, 1994.

SCHEDULE 6
FISCAL TRANSPARENCY AND ACCOUNTABILITY ACT, 2004

The Schedule repeals section 12 of the Fiscal Transparency and Accountability Act, 2004. Section 12 requires the Minister of Finance to establish the Ontario Economic Forecast Council. The Council advises the Minister about macroeconomic forecasts and assumptions to be used to prepare the Budget and the related fiscal plan.

SCHEDULE 7
FORFEITED CORPORATE PROPERTY ACT, 2015

The Schedule enacts the Forfeited Corporate Property Act, 2015, which gives the Minister of Economic Development, Employment and Infrastructure powers in respect of forfeited corporate property.

Forfeited corporate property is defined in section 1 as follows:

Real property and interests in real property that have become the property of the Crown as a result of a corporation’s dissolution.

Personal property and interests in personal property that have become the property of the Crown as a result of a corporation’s dissolution, if:

         the personal property is located in, on or under forfeited corporate real property, or

          the Minister is of the opinion that control over the personal property is necessary to administer forfeited corporate real property or to manage the ongoing operations or a business of the dissolved corporation on forfeited corporate real property.

Personal property that has been left in, on or under forfeited corporate real property, regardless of who owns the personal property.

The powers that the Minister is authorized to exercise with respect to forfeited corporate property include the following: ordering the cancellation of interests purported to be created in the property after it has become forfeited corporate property (section 11); putting in place a receiver-manager of the property (sections 13 and 14); giving notice to occupiers to vacate real property (sections 15 and 16); entering onto real property (section 17); and ordering the cancellation of encumbrances against the property (section 18).  The Minister is also authorized to register a notice on title to forfeited corporate real property if the Crown intends to use it for Crown purposes, and the Crown is authorized to use forfeited corporate personal property for Crown purposes (section 24).  The exercise of many of these powers is subject to specified limitations and specified obligations on the part of the Minister.

The disposal of forfeited corporate property is dealt with in sections 25 to 29, which include rules relating to the following: waiving or releasing the Crown’s interest in the property (section 26); disposing of charitable property (section 27) and property co-owned by tenants in common (section 28); and transferring specified real property by order (section 29).

The Minister may determine amounts due to the Crown in connection with forfeited corporate property (section 30) and may apply to the Superior Court of Justice for an order requiring a former officer or director of the dissolved corporation to pay some or all of the amounts (section 31).  The amounts due to the Crown constitute a special lien enforceable against forfeited corporate real property if the dissolved corporation is revived and the property is returned to it, or if the property is being disposed of by a person who is not acting on behalf of the Crown (section 32).  Section 33 establishes the order of priority for distributing the proceeds of disposition of forfeited corporate property if the Minister disposes of the property.

Section 4 of the Act exempts the Minister from any obligations in relation to forfeited corporate property until the Crown begins to use the property for Crown purposes, in the case of personal property, or until a notice is registered on title indicating that the Crown intends to use the property for Crown purposes, in the case of real property.  Section 4 also confers immunity on the Crown, the Minister, the Deputy Minister, and any servant, agent, official or employee of the Crown for specified acts, neglects, defaults or omissions of specified individuals in relation to forfeited corporate property.  Other matters dealt with in the Act include: the collection, use and disclosure of information related to forfeited corporate property or related to the administration of the Act (sections 35 to 38); special rules relating to co-operative corporations that have dissolved (section 39); and regulation-making powers of the Minister and the Lieutenant Governor in Council (sections 40 and 41).

The amendments to other statutes include the following:

Amendments affecting corporations under the Business Corporations Act, the Corporations Act, and the Not-for-Profit Corporations Act, 2010, including:

         requiring corporations to keep records of their ownership interests in land in Ontario;

          allowing the return of forfeited corporate property to a dissolved corporation only if it is revived before the third anniversary of the later of the corporation’s dissolution and the coming into force of section 2 of the Forfeited Corporate Property Act, 2015;

         limiting the availability of forfeited corporate property and property to which the Escheats Act, 2015 applies to satisfy an order, judgment or decision against the applicable corporation or to be sold in power of sale proceedings; and

         changing certain procedures relating to corporate dissolution and revival.

Amendments to the process for tax sales under the Municipal Act, 2001 and the City of Toronto Act, 2006.

The replacement of the term “public works” in the Ministry of Infrastructure Act, 2011 and other Acts with the term “Government property”.

Amendments to the Proceedings Against the Crown Act relating to the limitation on the liability of the Crown in tort when property vests in the Crown independent of the acts or the intentions of the Crown.

SCHEDULE 8
GOVERNMENT ADVERTISING ACT, 2004

A technical amendment is made to correct an error in the French version of subsection 6 (3) of the Government Advertising Act, 2004.

SCHEDULE 9
HORSE RACING LICENCE ACT, 2015

The Schedule enacts the Horse Racing Licence Act, 2015, which replaces the Racing Commission Act, 2000. The Registrar under the Alcohol and Gaming Regulation and Public Protection Act, 1996 is given power over horse racing, race tracks and off-track betting. The Alcohol and Gaming Commission of Ontario, through the Registrar, is tasked with making the rules of racing. The Horse Racing Appeal Panel is created to deal with appeals under the rules of racing.

Rules are set regarding licensing for various parties involved in horse racing. The Registrar has authority with respect to issuing licences, setting conditions and revoking and suspending licences, subject to appeal powers given to the Licence Appeal Tribunal.

Powers are established for inspectors and investigators to enforce the Act. Offences are created, including offences regarding cruelty to race horses and improper interference with races.

Consequential and related amendments are made to a number of Acts.

SCHEDULE 10
INCOME TAX ACT

Subsection 4.0.1 (23.1) of the Income Tax Act currently provides for the calculation of an individual’s medical expense tax credit.  The calculation of the credit currently includes in an individual’s medical expenses an amount that is paid by the individual for medical expenses in respect of a dependant who is not the individual’s spouse or common-law partner or a child under 18 years.  The amendment to subsection 4.0.1 (23.1) and the enactment of subsection 4.0.1 (23.2) of the Act increase the maximum amount that may be included to $10,000 to follow proposed federal amendments.  Consequential amendments are made to section 4.0.2 of the Act.

The amendments are made retroactive to March 31, 2006.  The rules replace identical unproclaimed amendments that were enacted in 2005.

SCHEDULE 11
INTERIM APPROPRIATION FOR 2016-2017 ACT, 2015

The Schedule enacts the Interim Appropriation for 2016-2017 Act, 2015, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2017 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, 2017.

schedule 12
Labour Relations Act, 1995

The Schedule amends the Labour Relations Act, 1995 with respect to the deemed abandonment of certain bargaining rights. Under the new section 160.1 of the Act, the Lieutenant Governor in Council may make a regulation deeming bargaining rights held by an employee bargaining agency and its affiliated bargaining agents created as a result of the Sarnia Working Agreement to be abandoned with respect to an employer in the industrial, commercial and institutional sector of the construction industry. Additional rights and obligations that apply with respect to relevant parties may also be imposed.

schedule 13
LICENCE APPEAL TRIBUNAL ACT, 1999

The Licence Appeal Tribunal Act, 1999 is amended as follows:

Currently, section 5.1 of the Act sets out rules that apply to hearings held by the Tribunal under various liquor and gaming statutes.  The section is amended so that it also applies to hearings held by the Tribunal under the Liquor Control Act.

Currently, section 11 of the Act provides a right of appeal, with respect to matters under certain statutes, from the Tribunal to the Divisional Court.  The section also currently sets out special rules that apply to appeals under certain liquor and gaming statutes.  The section is amended so that the right of appeal and the special rules apply to matters and appeals under the Liquor Control Act.

Subsection 12 (1) of the Act is amended to authorize the Lieutenant Governor in Council to make transitional regulations relating to hearings of matters under the Liquor Control Act.

SCHEDULE 14
LIQUOR CONTROL ACT

New section 3.0.1 of the Liquor Control Act permits the Board to issue a proposal to revoke or suspend an authorization for a government store under clause 3 (1) (e) or (e.1) of the Act, or to refuse to renew such an authorization.

New section 3.0.2 of the Act provides that a person may apply to the Board for the transfer of an authorization for a government store under clause 3 (1) (e) or (e.1) or for a change in the location of the government store. If the Board proposes to refuse to approve the transfer or the change in location, the Board must issue a proposal with respect to the application.

New section 3.0.3 of the Act requires the Board to serve notice of a proposal and provides rules concerning hearings before the Licence Appeal Tribunal.

New section 3.0.4 of the Act provides rules concerning the confidentiality of information relating to stores that are authorized to sell liquor to the public. Certain exceptions are provided.

Currently, subsection 10 (1) of the Act permits Brewers Retail Inc. and its shareholders to enter into agreements with the Crown in respect of matters relating to the sale of beer in Ontario. New subsection 10 (6) requires the Board to make certain payments to beer manufacturers in accordance with the terms of an agreement under subsection 10 (1). New subsection 10 (7) requires the Board to collect from each store authorized to sell liquor to the public the store’s proportionate share of the payments by including the amount payable in the wholesale price of the beer the Board sells to the store.

SCHEDULE 15
MUNICIPAL ACT, 2001

Currently, subsection 327 (10) of the Municipal Act, 2001 enables the Minister of Finance to make regulations that exempt property from Part IX (Limitation on Taxes for Certain Property Classes) of the Act. The subsection is re-enacted so that the Minister is also able to make regulations that provide that property in a municipality is exempt from Part IX if the municipality passes a by-law to have the property exempt. New subsection 327 (10.1) enables the Minister to make regulations that provide that Part IX does not apply in a municipality if the municipality passes a by-law to have the Part not apply.

Currently, subsection 329.1 (1) of the Act provides that a municipality may pass a by-law to have some or all of the rules specified in the subsection apply in the calculation of property taxes for certain property classes. Currently, the rules in paragraphs 1 and 2 of the subsection refer to a specific percentage and the rules in paragraphs 3 and 4 refer to a dollar amount. Amendments are made to enable the Minister of Finance to prescribe different percentages and different dollar amounts. Also, paragraphs 5 to 7 of the subsection, which are spent, are repealed.

New subsection 338 (1.1) and (1.2) of the Act enable the Minister of Finance to make regulations that modify the determination of maximum taxes under Part IX (Limitation on Taxes for Certain Property Classes) and the determination of the tenant’s cap under that Part.

SCHEDULE 16
ONTARIO LOTTERY AND GAMING CORPORATION ACT, 1999

Amendments to the Ontario Lottery and Gaming Corporation Act, 1999 authorize the Corporation to undertake activities with respect to the support of live horse racing in Ontario.

A grant program is authorized for the purpose of supporting live horse racing in Ontario. (See sections 12.1 and 12.2 of the Act)  A transitional provision authorizes the Minister of Finance to designate such a program as the successor to the Horse Racing Partnership Funding Program established under section 7 of the Ministry of Agriculture, Food and Rural Affairs Act, in order to enable the continued administration of that Program. (See section 12.3 of the Act)  Amounts required for these programs are payable out of money appropriated for those purposes by the Legislature. (See section 12.4 of the Act)

A regulation may require the Corporation to make payments relating to the support of live horse racing in Ontario for purposes set out in the regulation. (See clause 15 (1) (e.1) of the Act)  Amounts required for this purpose are payable out of the revenue received by the Corporation from gaming sites, lottery schemes and the operation of related business. (See paragraph 14 (1) 6 of the Act)

SCHEDULE 17
PENSION BENEFITs ACT

Currently, subsection 79.2 (11) of the Pension Benefits Act provides for the status of transferred members when there is a transfer of assets between pension plans. That subsection is amended to describe the status of transferred members when there is a transfer of assets between multi-employer pension plans.

Section 81 of the Act currently sets out rules that apply when an employer establishes a pension plan to be a successor to an existing pension plan. The section is amended so that it also applies to multi-employer pension plans.

SCHEDULE 18
SECURITIES ACT

The Schedule amends the Securities Act. It expands the powers of the Ontario Securities Commission to regulate take-over bids and issuer bids, and repeals many of the specific provisions that currently govern take-over bids and issuer bids, replacing them with more general provisions (the new sections 89 to 91 of the Act). It gives the Director of the Commission the right to participate in proceedings in which it is alleged that someone has not complied with the rules governing take-over bids and issuer bids (the changes to sections 104 and 105 of the Act). It also fixes an error in the French version of section 104 of the Act.

Currently, the Ontario government and the other governments of Canada are exempt from some of the rules governing derivatives trading in Ontario. The Schedule grants them further exemptions from the derivatives trading rules and permits the Ontario government to exempt one or more Crown agents or servants from some or all of the rules that the Ontario government is exempt from (the changes to section 142 of the Act).

SCHEDULE 19
SUPPLEMENTARY INTERIM APPROPRIATION FOR 2015-2016 ACT, 2015

The Schedule enacts the Supplementary 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. The expenditures authorized are in addition to those authorized under the Interim Appropriation for 2015-2016 Act, 2015. All expenditures made or recognized under the Interim Appropriation for 2015-2016 Act, 2015 and this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2016.

SCHEDULE 20
TAXATION ACT, 2007

The definitions of “excluded government assistance” and “government assistance” in subsection 90 (11) of the Taxation Act, 2007 are amended so that payments from the 2015 Ontario Production Services and Computer Animation and Special Effects Transitional Fund are treated as excluded government assistance for the purposes of the Ontario computer animation and special effects tax credit.  The amendments are made retroactive to April 24, 2015.

Currently, one of the conditions of being a specified product for the purposes of the Ontario interactive digital media tax credit under section 93 of the Act is that all or substantially all of the product is developed in Ontario by a qualifying corporation.  An amendment to subsection 93 (15) provides that the condition only applies if, before April 24, 2015, the Ontario Media Development Corporation issued a certificate under subsection (10) to the qualifying corporation in respect of the product, or sent a letter to notify the qualifying corporation that the product does not qualify for certification.  The amendment is made retroactive to April 24, 2015.

Subsection 97 (8) of the Act, which currently describes when an expenditure is a qualified expenditure for the purposes of the Ontario business-research institute tax credit, is amended to update references to the Income Tax Act (Canada).  The amendment is made retroactive to January 1, 2013.

Currently, section 98 of the Act sets out various rules for determining an individual’s occupancy cost for the purposes of the Ontario energy and property tax credit and the senior homeowners’ property tax grant.  Currently, paragraph 4 of subsection 98 (5) provides that no occupancy cost is incurred in respect of a principal residence that consists of premises that are part of a specified care home and that was exempt from municipal tax.  The paragraph is re-enacted to provide that no occupancy cost is incurred in respect of such premises if the care home is exempt from municipal tax and also in respect of other principal residences that are exempt from municipal tax.  The amendment is made retroactive to July 1, 2010.

Currently, various provisions relating to the Ontario energy and property tax credit and the senior homeowners’ property tax grant refer to “non-seasonal mobile homes”.  Amendments are made to various provisions to remove the word “non-seasonal”  (see amendments to subsections 98 (1), (2.1) and (3.1), 103.4 (1), 103.11 (3), and 104.1 (1.1) and (2)).

Various definitions which apply to the children’s activity tax credit under section 103.1 of the Act are amended to update references to provisions in the Income Tax Act (Canada).  The amendments are made retroactive to January 1, 2015.

Subsection 104.1 (2) of the Act currently sets out conditions for being an eligible senior for the purposes of the senior homeowners’ property tax grant.  A technical amendment is made to the condition that the individual must not have been confined to a prison.  The amendment is made retroactive to January 1, 2009.

Currently, section 105 of the Act sets out rules governing the determination of a mutual fund trust’s Ontario capital gains refunds.  Amendments are made to subsections 105 (2), (3.0.3) and (4) respecting the tax rates that apply to the calculation of the capital gains refund for taxation years beginning after 2015.

SCHEDULE 21
TOBACCO TAX ACT

Various amendments are made to the Tobacco Tax Act with respect to raw leaf tobacco.  Here are some highlights:

Section 2.2 of the Act is amended to include new requirements relating to the provision of information when raw leaf tobacco is damaged, lost, stolen, imported or exported.  Failure to provide the information as required is an offence, and penalties may also be payable.

Section 2.3 of the Act is amended to allow the Minister to prescribe requirements respecting the transport and delivery of raw leaf tobacco in Ontario.

The new section 2.4 imposes requirements relating to the baling, packaging and labelling of raw leaf tobacco.  The section makes it an offence for a person to possess or import raw leaf tobacco that has not been baled, packaged or labelled as required, and penalties may also be payable.

The new section 22.2 sets out the record keeping requirements that apply in respect of raw leaf tobacco.

The provisions in sections 23.0.1, 23.0.2, 23.0.3 and 24 relating to the seizure of raw leaf tobacco are amended to take into account the new baling, packaging and labelling requirements under section 2.4.

SCHEDULE 22
TRILLIUM TRUST ACT, 2014

Currently, the Trillium Trust Act, 2014 requires the Minister of Finance to maintain in the Public Accounts an account to be known as the Trillium Trust.  Under the Act, specified amounts are to be credited to the Trust when a ministry or public entity disposes of a qualifying asset, and money credited to the Trust is deemed to be money paid to Ontario for certain special purposes.

Amendments to the Act make changes with respect to the designation of assets as qualifying assets, the amounts that must be credited to the Trust and the authorized expenditures that can be made from the Trust.  Sections 2 and 6 of the Act, as re-enacted, specify the amounts that must be credited to the Trust.  Section 3 of the Act, as re-enacted, lists certain qualifying assets and provides that other qualifying assets may be designated by regulation. Certain restrictions are imposed.  Section 4 of the Act, as re-enacted, governs the way in which the designated proceeds of disposition are determined for a qualifying asset.  Section 7 of the Act authorizes certain expenditures to be made from the Trust.

SCHEDULE 23
WORKPLACE SAFETY AND INSURANCE ACT, 1997

The Workplace Safety and Insurance Act, 1997 is amended to eliminate alternate and prescribed temporary indexing factors and to establish an indexing factor to be used for annual adjustments to amounts payable under the Act.  Transitional matters are provided for.

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