Bill 212, Good Government Act, 2009

Bill 212 2009

An Act to promote good government by amending or repealing certain Acts and by enacting two new Acts

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

CONTENTS
1. 2. 3. Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Schedule 10 Schedule 11 Schedule 12 Schedule 13 Schedule 14 Schedule 15 Schedule 16 Schedule 17 Schedule 18 Schedule 19 Schedule 20 Schedule 21 Schedule 22 Schedule 23 Schedule 24 Schedule 25 Schedule 26	Contents of Act Commencement Short title Ministry of Agriculture, Food and Rural Affairs Ministry of the Attorney General Ministry of the Attorney General (Electoral Statutes) Ministry of the Attorney General (Provincial Offences) Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 Public Inquiries Act, 2009 Ministry of Children and Youth Services Ministry of Community and Social Services Ministry of Community Safety and Correctional Services Ministry of Consumer Services Ministry of Culture Ministry of Economic Development and Trade Ministry of Education Ministry of Energy and Infrastructure Ministry of the Environment Ministry of Finance Ministry of Government Services Ministry of Health and Long-Term Care Ministry of Health Promotion Ministry of Labour Ministry of Municipal Affairs and Housing Ministry of Natural Resources Ministry of Northern Development, Mines and Forestry Ministry of Tourism Ministry of Training, Colleges and Universities Ministry of Transportation
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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of Act

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

Commencement

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

Schedules

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

Different dates for same Schedule

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

Short title

3. The short title of this Act is the Good Government Act, 2009 .

Schedule 1
MINistry oF Agriculture, Food and Rural Affairs

AgriCorp Act, 1996

1. The English version of subsection 17 (3) of the AgriCorp Act, 1996 is amended by striking out " Ministry of Agriculture and Food Act " and substituting " Ministry of Agriculture, Food and Rural Affairs Act ".

Agricultural and Horticultural Organizations Act

2. (1) The definition of "Minister" in section 1 of the Agricultural and Horticultural Organizations Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Section 4 of the Act is amended by striking out "Ministry of Agriculture and Food" and substituting "Ministry of Agriculture, Food and Rural Affairs".

Agricultural Research Institute of Ontario Act

3. (1) The definition of "Minister" in section 1 of the Agricultural Research Institute of Ontario Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Subsection 4 (1) of the Act is amended by striking out "Ministry of Agriculture and Food" and substituting "Ministry of Agriculture, Food and Rural Affairs".

(3) Clause 9 (2) (e) of the Act is amended by striking out "Ministry of Agriculture and Food" and substituting "Ministry of Agriculture, Food and Rural Affairs".

(4) Clause 9 (2) (f) of the Act is amended by striking out "Ministry of Agriculture and Food" and substituting "Ministry of Agriculture, Food and Rural Affairs".

Agricultural Tile Drainage Installation Act

4. The definition of "Minister" in section 1 of the Agricultural Tile Drainage Installation Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Animals for Research Act

5. The definition of "Minister" in subsection 1 (1) of the Animals for Research Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Beef Cattle Marketing Act

6. The definition of "Minister" in section 1 of the Beef Cattle Marketing Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Bees Act

7. The definition of "Minister" in section 1 of the Bees Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Commodity Futures Act

8. Clause 31 (b) of the Commodity Futures Act is amended by striking out "Ministry of Agriculture and Food" at the end and substituting "Ministry of Agriculture, Food and Rural Affairs".

Drainage Act

9. The definition of "Minister" in section 1 of the Drainage Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Farm Products Containers Act

10. The definition of "Minister" in section 1 of the Farm Products Containers Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Farm Products Grades and Sales Act

11. The definition of "Minister" in section 1 of the Farm Products Grades and Sales Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Farm Products Marketing Act

12. (1) The definition of "Commission" in section 1 of the Farm Products Marketing Act is amended by striking out "Ministry of Agriculture and Food Act" at the end and substituting "Ministry of Agriculture, Food and Rural Affairs Act".

(2) The definition of "Minister" in section 1 of the Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(3) Clause 3 (1) (e) of the Act is repealed and the following substituted:

(e) require persons engaged in producing or marketing a regulated product to register the business contact information and description of the business with the Commission or local board;

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

(d) prescribing the powers, duties and functions of a local board constituted under clause (a);

(5) Subsection 6 (1) of the Act is amended by striking out "to carry out the duties referred to in clause 3 (1) (g)" and substituting "to carry out one or more of the duties referred to in clause 3 (1) (g)".

(6) Subsections 6 (2) and (3) of the Act are repealed.

(7) The English version of paragraph 9 of subsection 7 (1) of the Act is amended by striking out "the person produced in any year and used for processing" at the end and substituting "the person produced and used for processing in any year".

(8) Paragraph 40 of subsection 7 (1) of the Act is repealed and the following substituted:

40. authorizing a local board to appoint agents, to prescribe their duties and terms and conditions of appointment and to provide for their remuneration;

(9) Clause 14 (4) (a) of the Act is amended by striking out "other than a dwelling".

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

Powers on inspection, etc.

Entry onto lands or premises

14.1 (1) A person authorized under this Act to enter lands or premises other than a dwelling may do so at any reasonable time.

Entry into a dwelling

(2) A person authorized under this Act to enter premises may enter premises that are a dwelling at any reasonable time if reasonable notice has been given to the occupant and the occupant has consented or if the entry is under the authority of a warrant.

Warrants

(3) A person authorized under this Act to carry out one or more of the duties referred to in clause 3 (1) (g) may apply, without notice, to a provincial judge or a justice of the peace to obtain a warrant,

(a) to enter premises that are a dwelling; or

(b) to enter any premises or conveyance,

(i) if entry to the premises or conveyance has been refused, or

(ii) if there are reasonable grounds to believe that entry to the premises or conveyance is likely to be refused.

Application, dwelling

(4) An application for a warrant to enter premises that are a dwelling shall specifically indicate that the application relates to premises that are a dwelling.

Obstruction

(5) No person shall hinder or obstruct any person who is exercising a power or carrying out a duty under this Act or refuse to answer questions on matters relevant to the exercise of that power or the carrying out of that duty or provide the person exercising that power or carrying out that duty with false or misleading information.

Certificate of appointment

(6) The production by any person of a certificate of his or her appointment by the Commission or a local board under this Act purporting to be signed by the chair and secretary of the Commission or the local board shall be accepted by any person as proof, in the absence of evidence to the contrary, of the appointment.

(11) Section 20 of the Act is repealed.

Farm Products Payments Act

13. (1) The definition of "Minister" in section 1 of the Farm Products Payments Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Subsection 5 (3) of the Act is amended by striking out "Treasurer of Ontario" in the portion before clause (a) and substituting "Minister of Finance".

(3) Subsection 5 (4) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

Grain Corn Marketing Act

14. (1) The definition of "Minister" in section 1 of the Grain Corn Marketing Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) The Act is repealed.

Grains Act

15. (1) The French version of subsection 18 (4) of the Grains Act is amended by striking out "relatif à la valeur marchande" and substituting "relatif au prix du marché".

(2) Clause 28 (1) (e) of the Act is amended by striking out "Ministry of Agriculture and Food" at the end and substituting "Ministry of Agriculture, Food and Rural Affairs".

Livestock and Livestock Products Act

16. (1) The definition of "Minister" in section 1 of the Livestock and Livestock Products Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Subsection 15 (5) of the Act is amended by striking out " Ministry of Agriculture and Food Act " and substituting " Ministry of Agriculture, Food and Rural Affairs Act ".

Livestock Community Sales Act

17. The definition of "Minister" in section 1 of the Livestock Community Sales Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Livestock Identification Act

18. The definition of "Minister" in section 1 of the Livestock Identification Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Livestock Medicines Act

19. (1) The definition of "Minister" in section 1 of the Livestock Medicines Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Clause 2 (2) (a) of the Act is amended by striking out "Ministry of Agriculture and Food" at the end and substituting "Ministry of Agriculture, Food and Rural Affairs".

(3) Clause 2 (2) (b) of the Act is amended by striking out "Ministry of Health" at the end and substituting "Ministry of Health and Long-Term Care".

(4) Clause 2 (2) (c) of the Act is amended by striking out "Health Protection Branch of the Department of National Health and Welfare (Canada)" at the end and substituting "Health Canada".

(5) Clause 2 (2) (g) of the Act is amended by striking out "The Ontario Fur Breeders Association, Incorporated" at the end and substituting "Ontario Fur Breeders Association".

Milk Act

20. (1) The definition of "Commission" in section 1 of the Milk Act is amended by striking out "Ministry of Agriculture and Food Act" at the end and substituting "Ministry of Agriculture, Food and Rural Affairs Act".

(2) Subsection 2.10 (2) of the Act is amended by striking out "Ministry of Agriculture and Food Act" and substituting "Ministry of Agriculture, Food and Rural Affairs Act".

(3) Subsection 2.10 (4) of the Act is amended by striking out "Ministry of Agriculture and Food Act" and substituting "Ministry of Agriculture, Food and Rural Affairs Act".

(4) Subsection 2.10 (5) of the Act is amended by striking out "Ministry of Agriculture and Food Act" and substituting "Ministry of Agriculture, Food and Rural Affairs Act".

(5) Subsection 19.1 (7) of the Act is amended by striking out "Ministry of Agriculture and Food Act" and substituting "Ministry of Agriculture, Food and Rural Affairs Act".

(6) Subsection 19.1 (9) of the Act is amended by striking out "Ministry of Agriculture and Food Act" and substituting "Ministry of Agriculture, Food and Rural Affairs Act".

Ministry of Agriculture, Food and Rural Affairs Act

21. Subsection 8 (2) of the Ministry of Agriculture, Food and Rural Affairs Act is repealed and the following substituted:

Form of guarantee

(2) The form and manner of any such guarantee shall be such as the Lieutenant Governor in Council approves and the guarantee shall be signed by the Minister of Finance or by such other officer or officers as are designated by the Lieutenant Governor in Council and, upon being so signed, the Province of Ontario is liable for the payment of the loan or part thereof and interest thereon guaranteed according to the terms of the guarantee.

Ontario Agricultural Museum Act

22. (1) The definition of "Minister" in section 1 of the Ontario Agricultural Museum Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Subsection 11 (1) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

(3) Subsection 11 (2) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

Ontario Food Terminal Act

23. (1) The definition of "Minister" in section 1 of the Ontario Food Terminal Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Subsection 6 (1) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

(3) Clause 7 (c) of the Act is amended by striking out "Treasurer of Ontario" wherever it appears and substituting in each case "Minister of Finance".

(4) Section 10 of the Act is amended by striking out "Treasurer of Ontario" at the end and substituting "Minister of Finance".

Plant Diseases Act

24. The definition of "Minister" in section 1 of the Plant Diseases Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Tile Drainage Act

25. Subsection 11 (1) of the Tile Drainage Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

Veterinarians Act

26. (1) The definition of "Minister" in subsection 1 (1) of the Veterinarians Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Subsection 25 (1) of the Act is amended by striking out "by prepaid first class mail" and substituting "by mail, by registered mail or by courier service".

Weed Control Act

27. (1) The definition of "Minister" in section 1 of the Weed Control Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Affairs".

(2) Clause 13 (3) (b) of the Act is amended by striking out "by mailing a copy of the order by prepaid first class mail, by registered mail or by certified mail" at the beginning and substituting "by sending a copy of the order by mail, by registered mail, by certified mail or by courier service".

(3) Subsection 18 (1) of the Act is amended by striking out "by prepaid first class mail" and substituting "by mail, by registered mail, by certified mail or by courier service".

Commencement

Commencement

28. (1) Subject to subsection (2) this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2) Subsection 14 (2) comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 2
Ministry of the Attorney General

Accumulations Act

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

Rules as to accumulations not applicable to charitable purpose trusts

4. The rules of law and statutory enactments relating to accumulations do not apply and shall be deemed never to have applied to trusts created for a charitable purpose, as defined in section 7 of the Charities Accounting Act.

Administration of Justice Act

2. (1) Section 4.2 of the Administration of Justice Act is amended by striking out "4.6" in the portion before clause (a).

(2) Sections 4.5 and 4.6 of the Act are repealed and the following substituted:

Fee waiver re enforcement of court order or tribunal order: sheriff

Request

4.5 (1) A person who is entitled to have a court order or a tribunal order enforced by a sheriff on payment of a fee may request a fee waiver under this section by giving the sheriff a written request, in the form provided by the Ministry.

Certificate

(2) If the sheriff determines that the person meets the prescribed conditions, he or she shall give the person a certificate indicating that all fees relating to the enforcement of the order that are or would be payable by the person on or after the date of the certificate are waived.

Decision final

(3) The sheriff's decision is final.

Bailiff

(4) In the case of the enforcement of a court order, references in this section to a sheriff include a bailiff.

(3) Section 4.8 of the Act is amended by striking out "4.6".

(4) Section 4.9 of the Act is amended by striking out "4.6".

(5) Clause 5 (1) (e) of the Act is amended by striking out "4.3 (4), 4.5 (2) and 4.6 (2)" at the end and substituting "4.3 (4) and 4.5 (2)".

(6) Clause 5 (1) (h) of the Act is amended by striking out "4.6".

Aggregate Resources Act

3. The following provisions of the Aggregate Resources Act are amended by striking out "Sections 43 and 95" at the beginning and substituting "Section 43":

1. Subsection 11 (15).

2. Subsection 13 (10).

3. Subsection 16 (12).

4. Subsection 18 (9).

5. Subsection 20 (9).

Algoma University Act, 2008

4. Subsection 29 (6) of the Algoma University Act, 2008 is repealed.

Arbitration Act, 1991

5. The definition of "court" in section 1 of the Arbitration Act, 1991 is amended by adding "the Family Court or" before "the Superior Court of Justice".

Architects Act

6. Subclause 34 (4) (l) (ii) of the Architects Act is amended by striking out "handicap" and substituting "incapacity".

Assessment Review Board Act

7. (1) Clause 8.1 (1) (a) of the Assessment Review Board Act is repealed and the following substituted:

(a) in respect of proceedings brought before the Board;

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

Protection from personal liability

11. (1) No action or other proceeding shall be instituted against a member of the Board or a person referred to in section 10 as a result of any act done in good faith in the performance or intended performance of any duty under any Act or in the exercise or intended exercise of any power under any Act, or of any alleged neglect or default in the performance or exercise in good faith of such duty or power.

Exception

(2) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under an Act with respect to a person referred to in that subsection.

Crown liability

(3) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

Bail Act

8. (1) Sections 2, 3, 4 and 5 of the Bail Act are repealed and the following substituted:

Lien established

2. Once the sheriff takes all the steps the sheriff is required to take under subsection 136 (1) of the Land Titles Act in respect of a certificate of lien that he or she has received, the Crown has a lien against the property of the surety that is described in the certificate of lien, for the amount for which the person is a surety as indicated in the certificate of lien.

(2) Section 6 of the Act is amended by striking out "on the index book mentioned in section 2 or subsection 3 (2), as the case may be" and substituting "in the electronic database referred to in subsection 136 (1) of the Land Titles Act".

(3) Sections 8 and 9 of the Act are repealed and the following substituted:

Disposal of certificate of lien

8. On receipt of a certificate of discharge, the sheriff shall attach the certificate of discharge to the certificate of lien to which it relates and remove the related entry from the electronic database referred to in subsection 136 (1) of the Land Titles Act.

Change of Name Act

9. Section 4 of the Change of Name Act is amended by adding the following subsection:

Exception, confidential change of name

(1.1) The residency requirement set out in subsection (1) does not apply in respect of an applicant for a change of name that has been certified as described in subsection 8 (2) by the Attorney General or a person authorized by the Attorney General.

Charitable Gifts Act

10. The Charitable Gifts Act is repealed.

Charities Accounting Act

11. (1) Section 1.1 of the Charities Accounting Act is repealed.

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

Executor or trustee to provide information

2. An executor or trustee to whom section 1 applies shall, if requested by the Public Guardian and Trustee, provide to the Public Guardian and Trustee particulars in writing respecting,

(a) the name and address of each executor or trustee of the estate or trust;

(b) the condition, disposition or other such particulars as requested of the property devised, bequeathed or given or which is in any way held by the executor or trustee; and

(c) any other matter relating to the administration or management of the estate or trust or any other property held by the executor or trustee, as requested.

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

Information, documents respecting entities

4.1 (1) If an executor or trustee to whom section 1 applies holds a substantial interest in an entity within the meaning of subsection (3), the Public Guardian and Trustee may inquire into the management or operation of the entity and into its relationship to the executor or trustee, and the entity or any director, officer, manager or trustee of the entity shall, if requested by the Public Guardian and Trustee, provide to the Public Guardian and Trustee such information or documents respecting the entity as the Public Guardian and Trustee specifies.

Same

(2) Without limiting the generality of subsection (1), the Public Guardian and Trustee may make a request under that subsection for,

(a) business records of the entity;

(b) information respecting the assets and liabilities of the entity;

(c) accounts of income and expenses for the entity;

(d) financial statements of the entity, including any statements made by an auditor with respect to the financial statements; and

(e) the particulars of any fees, salary or other remuneration paid to any person by the entity.

Substantial interest

(3) An executor or trustee holds a substantial interest in an entity if the following criteria are met:

1. In the case of an entity that is a corporation with share capital, the executor or trustee beneficially owns, controls or has direction over one of the following:

i. Shares of any class or series of voting shares of the corporation carrying more than 20 per cent of the voting rights attached to all of the outstanding voting shares of the corporation.

ii. Shares of the corporation representing more than 20 per cent of the shareholders' equity of the corporation.

2. In the case of an entity that is a corporation without share capital, the executor or trustee beneficially owns, controls or has direction over membership in a class of membership of the corporation carrying more than 20 per cent of the voting rights attached to all of the outstanding voting membership interests of the corporation.

3. In the case of an entity that is a partnership, the executor or trustee beneficially owns, controls or has direction over a right to one of the following:

i. At least 20 per cent of the profits of the partnership.

ii. At least 20 per cent of the assets of the partnership on its dissolution.

4. In the case of an entity that is a trust, the executor or trustee beneficially holds an interest in the trust.

5. In the case of any other entity, the aggregate of any ownership interests into which the entity is divided, however designated, that are beneficially owned or controlled by the executor or trustee, or over which the executor or trustee exercises direction, exceeds 20 per cent of all the ownership interests into which the entity is divided.

Same

(4) For the purposes of subsection (3), the ownership, control or direction over a thing by the executor or trustee may be,

(a) direct or indirect; or

(b) alone or through one or more persons, entities or both.

Application to court

(5) On application by the Public Guardian and Trustee, a judge of the Superior Court of Justice may,

(a) make any order that the judge considers necessary or proper to compel the provision of information or documents required to be provided to the Public Guardian and Trustee under subsection (1);

(b) fix the costs of the application and direct how and by whom they shall be payable;

(c) make any order relating to the management, operation, ownership or control of the entity that is in the best interest of the purpose for which the estate or trust is held, including an order,

(i) determining who owns, controls or has direction over the entity,

(ii) determining who controls the election of the directors of the entity,

(iii) ensuring that the ownership, control or direction of the entity is in the best interest of the purpose for which the estate or trust is held, including, if appropriate, requiring the executor or trustee to sell all or some of his or her interest in the entity,

(iv) ensuring the proper operation and management of the entity and its assets,

(v) protecting or preserving the assets or financial stability of the entity and the assets held by the executor or trustee relating to the entity,

(vi) selling some or all of the assets of the entity, or

(vii) distributing some or all of the profits of the entity.

Notice

(6) An application under subsection (5) shall be on notice to the entity, to the executor or trustee and to any other person that a judge directs.

No obstruction

(7) No person shall obstruct, hinder or interfere with an inquiry conducted under subsection (1), or withhold, conceal or destroy information or documents required to be provided to the Public Guardian and Trustee under that subsection.

Offence and penalty

(8) Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable to a fine not exceeding $25,000.

(4) Subsection 5 (4) of the Act is amended by striking out "any such will or other instrument" and substituting "a will or other instrument described in subsection 1 (1)".

(5) The definition of "land" in section 7 of the Act is repealed.

(6) Section 8 of the Act is repealed and the following substituted:

Limitation on use of property

8. A person who holds an interest in real or personal property for a charitable purpose shall use the property for the charitable purpose.

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

Application of Trustee Act

10.1 Sections 27 to 31 of the Trustee Act apply to,

(a) an executor or trustee referred to in subsection 1 (1);

(b) a corporation that is deemed to be a trustee under subsection 1 (2); and

(c) a person referred to in section 8 who is not a person referred to in clause (a) or (b).

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

Charitable Gifts Act

Definition

14. (1) In this section,

"interest in a business" means an interest in a business within the meaning of the Charitable Gifts Act, as it read immediately before its repeal.

Obligation to dispose of business interest extinguished

(2) Despite clause 51 (1) (b) of the Legislation Act, 2006, the repeal of the Charitable Gifts Act extinguishes all obligations under the Charitable Gifts Act to dispose of any interest in a business that are still in existence at the time of the repeal.

Same

(3) Subsection (2) applies in respect of obligations that came into existence under the Charitable Gifts Act at any time before its repeal.

Right to application extinguished

(4) Despite subclause 51 (1) (d) (i) and subsection 51 (2) of the Legislation Act, 2006, the repeal of the Charitable Gifts Act extinguishes all rights to bring an application under that Act in relation to the obligations to which subsection (2) applies.

Non-application

(5) Subsection (4) does not apply in respect of an application relating to an order made under subsection 3 (3) of the Charitable Gifts Act, as it read immediately before its repeal.

Children's Law Reform Act

12. (1) Subsection 12 (1) of the Children's Law Reform Act is amended by striking out "prescribed by the regulations" and substituting "provided by the Ministry of the Attorney General".

(2) Subsection 12 (2) of the Act is amended by striking out "prescribed by the regulations" and substituting "provided by the Ministry of the Attorney General".

(3) Subsection 14 (1) of the Act is amended by striking out "prescribed by the regulations" and substituting "provided by the Ministry of the Attorney General".

(4) Section 17 of the Act is repealed.

(5) The French version of the following provisions of the Act is amended by striking out "registraire général" wherever it appears and substituting in each case "registraire général de l'état civil":

1. Subsections 12 (1) and (2).

2. Section 13.

3. Subsections 14 (1) and (2).

4. Section 15.

5. Section 16.

City of Greater Sudbury Act, 1999

13. Subsection 11.6 (7) of the City of Greater Sudbury Act, 1999 is repealed.

City of Hamilton Act, 1999

14. Subsection 11.7 (7) of the City of Hamilton Act, 1999 is repealed.

City of Ottawa Act, 1999

15. (1) Subsection 12.13 (7) of the City of Ottawa Act, 1999 is repealed.

(2) Subsection 12.14 (5) of the Act is repealed.

Compensation for Victims of Crime Act

16. Subsection 21 (3) of the Compensation for Victims of Crime Act is repealed and the following substituted:

Payments in case of minor

(3) If a person entitled to an award under this Act is a minor, any amount payable may be paid on his or her behalf to one of the following persons or applied in such manner as the Board considers in the best interest of the minor, and amounts so paid shall be received and administered by the payee for the benefit of the minor:

1. The minor's spouse, if the spouse is not a minor.

2. The minor's parent or guardian.

3. The Accountant of the Superior Court of Justice.

4. Any other person, if the Board considers payment to that person in the best interest of the minor.

Payments in case of incapacity

(4) If a person entitled to an award under this Act is incapable as defined in the Substitute Decisions Act, 1992 or in the opinion of the Board is incapable of managing his or her own affairs, any amount payable may be paid on his or her behalf to one of the following persons or applied in such manner as the Board considers in the best interest of the incapable person, and amounts so paid shall be received and administered by the payee for the benefit of the incapable person:

1. If a guardian of property or attorney for property has been appointed under the Substitute Decisions Act, 1992 for the incapable person, the guardian or attorney.

2. If no guardian of property or attorney for property has been appointed under the Substitute Decisions Act, 1992 for the incapable person,

i. the Public Guardian and Trustee, or

ii. any other person, if the Board considers payment to that person in the best interest of the incapable person.

Condominium Act, 1998

17. (1) Clause 29 (1) (c) of the Condominium Act, 1998 is amended by striking out "a mentally incompetent person" and substituting "incapable of managing property within the meaning of the Substitute Decisions Act, 1992".

(2) Clause 29 (2) (a) of the Act is amended by striking out "a mentally incompetent person" and substituting "incapable of managing property within the meaning of the Substitute Decisions Act, 1992".

Consolidated Hearings Act

18. (1) Sections 13 and 14 of the Consolidated Hearings Act are repealed and the following substituted:

No application to Lieutenant Governor in Council

Definition

13. (1) In this section,

"old section 13" means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to application

(2) Every decision of a joint board that is the subject of an application made under the old section 13 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to application to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3) Every decision of a joint board that may be the subject of an application under the old section 13 is deemed not to be subject to application to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4) Nothing in this section affects the validity of a decision of a joint board that, but for subsection 18 (1) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of an application under the old section 13.

(2) Subsection 15 (1) of the Act is amended by striking out "subject to section 13" at the end of the portion before clause (a).

Co-operative Corporations Act

19. (1) The definition of "personal representative" in subsection 1 (1) of the Co-operative Corporations Act is repealed and the following substituted:

"personal representative", where used with reference to the holding of shares or loans or the exercise of a member's rights in that capacity, means,

(a) an executor, administrator, guardian, tutor, committee, trustee, receiver or liquidator of the member, shareholder or lender, or

(b) in the case of a member, shareholder or lender who is incapable of managing property within the meaning of the Substitute Decisions Act, 1992, the guardian of property, attorney under a continuing power of attorney for property with authority, committee or curator for the member, shareholder or lender; ("ayant droit")

(2) Subsection 89 (2) of the Act is repealed and the following substituted:

Qualifications

(2) No undischarged bankrupt or person who is incapable of managing property within the meaning of the Substitute Decisions Act, 1992 shall be a director, and a director who becomes bankrupt or incapable of managing property ceases to be a director.

Courts of Justice Act

20. (1) Subsection 9 (2) of the Courts of Justice Act is repealed.

(2) Subsection 19 (1.1) of the Act is amended by striking out "the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force" in the portion before clause (a) and substituting "October 1, 2007".

(3) Subsection 19 (1.2) of the Act is amended by striking out "the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force" in the portion before clause (a) and substituting "October 1, 2007".

(4) Section 21.7 of the Act is amended by striking out "sitting without a jury" at the end.

(5) Subsections 21.12 (2) and (3) of the Act are repealed.

(6) Subsection 21.13 (1) of the Act is amended by striking out "as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General" and substituting "as determined by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose".

(7) Subsection 21.14 (1) of the Act is amended by striking out "as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General" and substituting "as determined by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose".

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

Contempt hearing for failure to attend examination

30. (1) The Small Claims Court may, in accordance with the rules of court, order a debtor or other person who is required to and fails to attend an examination respecting a default by the debtor under an order of the court for the payment or recovery of money, to attend before the court for a contempt hearing.

Finding of contempt

(2) The Small Claims Court may find a person to be in contempt of court at a hearing referred to in subsection (1), if the court is satisfied that,

(a) the person was required to attend the examination;

(b) the person was served, in accordance with the rules of court, with a notice to attend the examination;

(c) the person failed to attend the examination; and

(d) the failure to attend was wilful.

Power conferred

(3) For greater certainty, the power of the Small Claims Court to order, hear and determine a contempt hearing under this section is conferred on and may be exercised by the persons referred to in clauses 24 (2) (a) and (b).

Limit on imprisonment in certain cases

(4) If a contempt hearing under subsection (1) is heard and determined by a person referred to in clause 24 (2) (a) or (b), the court may make such orders respecting the person in contempt as are specified by the rules of court, but the court shall not make an order that the person be imprisoned for a period of more than five days.

Authority unaffected

(5) Nothing in this section affects the authority of the Small Claims Court to order, hear and determine contempt hearings where it is otherwise authorized by law.

(9) Clause 31 (a) of the Act is amended by striking out "$500" and substituting "the prescribed amount".

(10) Clause 31 (b) of the Act is amended by striking out "$500" and substituting "the prescribed amount".

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

Deputy judges

32. (1) A regional senior judge of the Superior Court of Justice may, with the approval of the Attorney General, appoint a lawyer to act as a deputy judge of the Small Claims Court.

Term of appointment

(2) The appointment of a deputy judge is for a term of three years, subject to subsections (3) and (7).

Annual appointment if 65 or older

(3) If the deputy judge is 65 years of age or older and under 75 years of age, the appointment shall be for a term of one year, subject to subsection (8).

Renewal before age 65

(4) The appointment of a deputy judge who is under 65 years of age may be renewed by a regional senior judge of the Superior Court of Justice for a term of three years, subject to subsection (7).

Annual renewal if 65 or older

(5) The appointment of a deputy judge who is 65 years of age or older and under 75 years of age may be renewed by a regional senior judge of the Superior Court of Justice for a term of one year, subject to subsection (8).

No limit, renewals

(6) Subject to subsections (7) to (9), there is no limit to the number of times the appointment of a deputy judge can be renewed under subsection (4) or (5).

Expiry of term at age 65

(7) If the deputy judge is 63 years of age or older and under 65 years of age, an appointment under subsection (2) or a renewal under subsection (4) shall provide for a term that expires when he or she reaches 65 years of age.

Expiry of term at age 75

(8) If the deputy judge is 74 years of age, an appointment under subsection (3) or a renewal under subsection (5) shall provide for a term that expires when he or she reaches 75 years of age.

Age limit

(9) No person shall be appointed as a deputy judge, or have an appointment renewed, once he or she reaches 75 years of age.

Current appointments

(10) For greater certainty, nothing in this section shortens or otherwise affects an appointment or renewed appointment that is in effect immediately before the day subsection 20 (11) of Schedule 2 to the Good Government Act, 2009 comes into force, but any renewals of the appointment on and after that day are subject to this section.

(12) Subsection 52 (2.1) of the Act is repealed.

(13) Subsection 52 (3) of the Act is repealed.

(14) Subsection 52 (5) of the Act is repealed.

(15) Subsection 53 (1) of the Act is amended by adding the following clause:

(g) prescribing the minimum amount of a claim that may be appealed to the Divisional Court for the purposes of section 31;

(16) Subsection 76 (2) of the Act is amended by striking out "the presiding judge" and substituting "the presiding judge, justice of the peace".

(17) Section 124 of the Act is repealed.

Credit Unions and Caisses Populaires Act, 1994

21. (1) Clause 13 (2) (b) of the Credit Unions and Caisses Populaires Act, 1994 is repealed and the following substituted:

(b) has been found under the Substitute Decisions Act, 1992 or under the Mental Health Act to be incapable of managing property or has been found to be incapable by a court in Canada or elsewhere; or

(2) Paragraph 2 of subsection 92 (1) of the Act is repealed and the following substituted:

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

Crown Administration of Estates Act

22. The Crown Administration of Estates Act is amended by adding the following section:

Compensation agreements

Definitions

5.1 (1) In this section,

"compensation" means compensation for services provided under a compensation agreement or the payment of fees and expenses relating to those services, but does not include any amounts that are payable for the provision of legal services within the meaning of the Law Society Act; ("rémunération")

"compensation agreement" means an agreement with an heir of an estate to which this section applies that provides for compensation, directly or indirectly, to one or more persons or entities on the location, recovery or distribution of any interest in the estate to which the heir is or may be entitled, but does not include an agreement to provide legal services, within the meaning of the Law Society Act, to the heir in respect of the estate; ("entente de rémunération")

"heir" includes,

(a) a person purporting to be an heir, and

(b) a personal representative or beneficiary of an heir. ("héritier")

Application of section

(2) This section applies in respect of an estate if the Public Guardian and Trustee,

(a) is conducting an investigation respecting the estate to determine whether the conditions set out in subsection 1 (1) are satisfied;

(b) has applied for letters of administration or letters probate with respect to the estate; or

(c) has been granted letters of administration or letters probate with respect to the estate.

Compensation agreement to be given to PGT

(3) A person who wishes to rely on a compensation agreement for the purposes of this Act shall give the original agreement to the Public Guardian and Trustee.

Translation

(4) A compensation agreement that is written in a language other than English or French shall be accompanied by a certified translation into English or French.

Requirements

(5) A compensation agreement is not enforceable unless,

(a) it is typed in 10 point or larger font;

(b) it is signed by the heir, as well as by a person, other than a representative or agent of either party to the compensation agreement, who witnessed the signing by the heir;

(c) it sets out,

(i) the legal name and residential address of the heir and of the witness,

(ii) the date on which and the place where the compensation agreement was entered into,

(iii) the name of the estate and the estimated value of the interest in the estate to which the heir is or may be entitled, and

(iv) the services to be provided to or on behalf of the heir under the compensation agreement;

(d) it contains the statements referred to in subsection (6);

(e) it provides for compensation of not more than 10 per cent of the value of the interest in the estate to which the heir is or may be entitled;

(f) it provides that, within 60 days after the day on which a payment is made by the Public Guardian and Trustee of all or part of the interest in the estate to which the heir was determined to be entitled, an accounting acceptable to the Public Guardian and Trustee and containing the information and documents referred to in subsection (9) will be given to the Public Guardian and Trustee and to the heir; and

(g) it meets any other requirements prescribed by regulation made under this Act.

Statements

(6) For the purposes of clause (5) (d), a compensation agreement shall include the following statements, in a form acceptable to the Public Guardian and Trustee:

1. That the property in respect of which the compensation agreement was entered into is an interest in an estate.

2. That the Public Guardian and Trustee is administering or considering administering the estate named in the compensation agreement.

3. That the heir does not need to sign the compensation agreement in order to claim his or her interest in the estate from the Public Guardian and Trustee.

4. That the heir may contact the Public Guardian and Trustee directly regarding the estate or the heir's interest in it.

5. That the heir may wish to obtain independent legal advice before signing the compensation agreement.

6. That the heir has not entered into any other compensation agreement or any other arrangement for compensation with respect to the estate or any interest in it.

7. That the estate shall be distributed only to lawful heirs, as determined by Ontario law.

8. Any other statement that, on the date on which the compensation agreement was entered into, was required by the Public Guardian and Trustee to be included in a compensation agreement.

Same, contact information

(7) The statement referred to in paragraph 4 of subsection (6) shall include the Public Guardian and Trustee's current contact information, including a full address and telephone and fax numbers.

Same, additional statements

(8) A statement required to be included in a compensation agreement under paragraph 8 of subsection (6) shall be published by the Public Guardian and Trustee on the website of the Ministry of the Attorney General.

Accounting

(9) An accounting shall include,

(a) the value of the interest in the estate to which the heir was determined by the Public Guardian and Trustee to be entitled;

(b) the compensation paid under the compensation agreement from the payment of the interest in the estate by the Public Guardian and Trustee, for each person to whom it was paid;

(c) the amount distributed to the heir from the payment of the interest in the estate by the Public Guardian and Trustee; and

(d) proof of every payment and distribution made under the compensation agreement.

Same, additional documents

(10) If the Public Guardian and Trustee determines that an accounting is not acceptable, the Public Guardian and Trustee may require such additional documents as he or she may specify to be given to the Public Guardian and Trustee and to the heir, within such time as the Public Guardian and Trustee may specify.

Translation

(11) If an accounting or the documents given under subsection (10) are written in a language other than English or French, the copy of the accounting or documents given to the Public Guardian and Trustee shall be accompanied by a certified translation into English or French.

Copies to heir

(12) The Public Guardian and Trustee may give to an heir who is a party to a compensation agreement that is in the possession of the Public Guardian and Trustee,

(a) a copy of the compensation agreement; and

(b) a copy of an accounting and of any additional documents given under subsection (10) in relation to the accounting.

Direct payment to heir

(13) Despite the existence of a compensation agreement or a power of attorney or direction for payment relating to the compensation agreement, the Public Guardian and Trustee may pay all or any part of the interest in the estate to which the heir was determined by the Public Guardian and Trustee to be entitled directly to the heir, if,

(a) the compensation agreement is not given to the Public Guardian and Trustee as required by subsection (3), together with a translation, if one is required by subsection (4);

(b) the compensation agreement does not meet the requirements for enforceability set out in subsection (5);

(c) the Public Guardian and Trustee receives information indicating that a term or condition set out in a compensation agreement has been breached; or

(d) additional documents required under subsection (10) to be given are not given to the Public Guardian and Trustee, together with a translation, if one is required by subsection (11), within the time specified by the Public Guardian and Trustee.

Application to court

(14) The Public Guardian and Trustee or a party to a compensation agreement may apply to the Superior Court of Justice for a determination of any question or dispute arising from the operation of this section in relation to the compensation agreement, and the court may make such orders or give such directions as it considers just.

Rights unaffected

(15) Nothing in this section prevents an heir from asserting at any time that the compensation payable under a compensation agreement to which he or she is party is excessive or unjust.

Transition

(16) This section does not apply in respect of a compensation agreement unless it was entered into on or after the day on which section 22 of Schedule 2 to the Good Government Act, 2009 comes into force.

Regulations

(17) The Attorney General may make regulations prescribing additional requirements for the purposes of clause (5) (g).

Crown Witnesses Act

23. (1) Subsection 6 (9) of the Crown Witnesses Act is repealed.

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

Prohibition

7. (1) The following information is confidential and privileged, and, subject to subsection (2), no person shall, directly or indirectly, knowingly disclose any such information:

1. Information respecting the location or change of identity of a person who receives protective assistance under a witness protection program.

2. Information respecting,

i. the provision of protective assistance under a witness protection program, or

ii operational matters relating to the provision of that assistance.

3. Information relating to the application of section 6.

Exceptions

(2) Information listed in subsection (1) may be disclosed,

(a) if the disclosure of the information is made for the purpose of providing protective assistance under a witness protection program or improving or otherwise administering the program;

(b) if the Attorney General consents to the disclosure of the information;

(c) if the information is important to the ability of an accused person to make full answer and defence;

(d) if the disclosure of the information is essential to the administration of justice; or

(e) in any other circumstance prescribed by the regulations made under this section.

Offence and penalty

(3) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.

Prosecution

(4) No prosecution shall be commenced with respect to an alleged contravention of subsection (1) without the consent of the Attorney General or the Deputy Attorney General.

Regulations

(5) The Attorney General may make regulations,

(a) prescribing additional circumstances in which information listed in subsection (1) may be disclosed, for the purposes of clause (2) (e);

(b) prescribing programs for the purposes of the definition of "witness protection program" in subsection (6).

Definitions

(6) In this section,

"disclose" means, with respect to information listed in subsection (1), to disclose, release, produce or otherwise make the information available to any person; ("divulguer")

"witness protection program" means any program providing protective assistance to individuals involved in investigations and prosecutions that is prescribed by the regulations made under this section. ("programme de protection des témoins")

Development Charges Act, 1997

24. Section 58 of the Development Charges Act, 1997 is repealed.

Education Act

25. (1) Subsection 58.1 (13.1) of the Education Act is repealed.

(2) Section 257.100 of the Act is repealed.

Election Act

26. Clause 7 (10) (b) of the Election Act is amended by striking out "infirmity" and substituting "incapacity".

Environmental Assessment Act

27. (1) Paragraph 1 of subsection 32 (1) of the Environmental Assessment Act is repealed.

(2) Paragraph 4 of subsection 32 (1) of the Act is amended by striking out "1, 2 or 3" at the end and substituting "2 or 3".

Environmental Protection Act

28. (1) Section 34 of the Environmental Protection Act is repealed and the following substituted:

Appeal from decision of Tribunal

34. A party to a proceeding under this Part before the Tribunal may appeal from its decision on a question of law to the Divisional Court.

No appeal to Lieutenant Governor in Council

Definition

34.1 (1) In this section,

"old section 34" means section 34 as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to appeal

(2) Every decision of the Tribunal that is the subject of an appeal to the Lieutenant Governor in Council under the old section 34 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to appeal to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3) Every decision of the Tribunal that may be the subject of an appeal to the Lieutenant Governor in Council under the old section 34 is deemed not to be subject to appeal to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4) Nothing in this section affects the validity of a decision of the Tribunal that, but for subsection 28 (1) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of an appeal to the Lieutenant Governor in Council under the old section 34.

(2) Paragraph 1 of subsection 180 (1) of the Act is repealed.

(3) Paragraph 4 of subsection 180 (1) of the Act is amended by striking out "1, 2 or 3" at the end and substituting "2 or 3".

Environmental Review Tribunal Act, 2000

29. Section 8 of the Environmental Review Tribunal Act, 2000 is repealed and the following substituted:

Non-compellability

8. No member or appointee of the Tribunal or employee in the Tribunal shall be required to testify in any proceeding with regard to information obtained by him or her in the discharge of duties as a member, appointee or employee.

Protection from personal liability

8.1 (1) No action or other proceeding shall be instituted against a member of the Tribunal, an employee in the Tribunal or any other public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a member of the Tribunal as a result of any act done in good faith in the performance or intended performance of any duty under any Act or in the exercise or intended exercise of any power under any Act, or of any alleged neglect or default in the performance or exercise in good faith of such duty or power.

Exception

(2) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under an Act with respect to a person referred to in that subsection.

Crown liability

(3) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

Escheats Act

30. Subsection 6 (2) of the Escheats Act is repealed and the following substituted:

Transfer, assignment, discharge or disposal of interest in 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 seem proper, or may otherwise dispose of in any manner as seems proper, all or part of any interest in personal property of which he or she has taken possession under this Act.

Estates Administration Act

31. (1) The definition of "mental incompetency" in section 1 of the Estates Administration Act is repealed.

(2) The definition of "mentally incompetent person" in section 1 of the Act is repealed and the following substituted:

"mentally incapable person" means a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian or an attorney for property under a continuing power of attorney for property; ("incapable mental")

(3) The English version of clause 11 (1) (b) of the Act is amended by striking out "mentally incompetent persons" and substituting "mentally incapable persons".

(4) Clause 11 (1) (c) of the Act is repealed and the following substituted:

(c) the written consent of every adult, of the Children's Lawyer on behalf of every minor, and of the Public Guardian and Trustee on behalf of every mentally incapable person who has no guardian or attorney for property, whose property or interest would be affected, and an affidavit verifying the consent; or

(5) Clause 11 (1) (d) of the Act is amended,

(a) by adding "or of the Public Guardian and Trustee, as the case may be" after "the certificate of the Children's Lawyer"; and

(b) by striking out "the judge or Children's Lawyer" and substituting "the judge, the Children's Lawyer or the Public Guardian and Trustee".

(6) Subsection 17 (2) of the Act is amended,

(a) by striking out "including the Children's Lawyer acting on behalf of a minor or mentally incompetent person" and substituting "including the Children's Lawyer acting on behalf of a minor or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property";

(b) by striking out "where a mentally incompetent person is beneficially entitled" and substituting "where a minor or a mentally incapable person who has no guardian or attorney for property is beneficially entitled";

(c) by striking out "where in the opinion of the Children's Lawyer" and substituting "where in the opinion of the Children's Lawyer or the Public Guardian and Trustee, as the case may be";

(d) by striking out "the Children's Lawyer may, upon proof satisfactory to him or her" and substituting "the Children's Lawyer or the Public Guardian and Trustee may, upon proof satisfactory to him or her";

(e) by striking out "approve the sale on behalf of such mentally incompetent person" and substituting "approve the sale on behalf of such minor or mentally incapable person";

(f) by striking out "any such sale made with the written approval of the Children's Lawyer is valid and binding upon such mentally incompetent person" and substituting "any such sale made with the written approval of the Children's Lawyer on behalf of such minor or the Public Guardian and Trustee on behalf of such mentally incapable person is valid and binding upon the minor or mentally incapable person"; and

(g) by adding "and the Public Guardian and Trustee has the same powers and duties as he or she has in the case of mentally incapable persons" after "in the case of minors".

(7) Subsection 17 (3) of the Act is amended by striking out "with the written approval of the Children's Lawyer on behalf of minors or mentally incompetent persons" and substituting "with the written approval of the Children's Lawyer on behalf of minors or of the Public Guardian and Trustee on behalf of mentally incapable persons who have no guardian or attorney for property".

(8) Subsection 17 (6) of the Act is amended by adding "or of the Public Guardian and Trustee, as the case may be" after "the Children's Lawyer".

(9) Section 18 of the Act is amended by adding "or of the Public Guardian and Trustee" after "the Children's Lawyer".

(10) Section 20 of the Act is repealed.

(11) Clause 22 (1) (b) of the Act is amended by striking out "or mentally incompetent person" and substituting "or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property".

(12) Subsection 22 (2) of the Act is amended by adding "or of the Public Guardian and Trustee" after "the Children's Lawyer".

Evidence Act

32. (1) Section 14 of the Evidence Act is repealed and the following substituted:

Actions by or against incapable persons, etc.

14. An opposite or interested party in an action by or against one of the following persons shall not obtain a verdict, judgment or decision on the party's own evidence, unless the evidence is corroborated by some other material evidence:

1. A person who has been found,

i. incapable of managing property under the Substitute Decisions Act, 1992 or under the Mental Health Act,

ii. incapable of personal care under the Substitute Decisions Act, 1992, or

iii. incapable by a court in Canada or elsewhere.

2. A patient in a psychiatric facility.

3. A person who, because of a mental disorder within the meaning of the Mental Health Act, is incapable of giving evidence.

(2) Subsection 17 (1) of the Act is repealed and the following substituted:

Affirmation in lieu of oath

(1) A person may, instead of taking an oath, make an affirmation or declaration that is of the same force and effect as if the person had taken an oath in the usual form.

Expropriations Act

33. (1) Subsection 22 (2) of the Expropriations Act is amended,

(a) by striking out "a minor, a mental incompetent or a person incapable of managing his or her affairs" and substituting "a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian"; and

(b) by striking out "to be under the disability or, in the case of death while under the disability" and substituting "to be a minor or incapable or, in the case of death while a minor or incapable".

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

Protection from personal liability

(7) No action or other proceeding shall be instituted against a member of the board of negotiation or an employee appointed under Part III of the Public Service of Ontario Act, 2006 to work for the board of negotiation as a result of any act done in good faith in the performance or intended performance of any duty under any Act or in the exercise or intended exercise of any power under any Act, or of any alleged neglect or default in the performance or exercise in good faith of such duty or power.

Exception

(8) Subsection (7) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under an Act with respect to a person referred to in that subsection.

Crown liability

(9) Subsection (7) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

(3) Subsection 31 (4) of the Act is amended by striking out "Sections 95 and 96 of the Ontario Municipal Board Act do not apply" at the beginning and substituting "Section 96 of the Ontario Municipal Board Act does not apply".

Family Law Act

34. (1) Clause (a) of the definition of "net family property" in subsection 4 (1) of the Family Law Act is repealed and the following substituted:

(a) the spouse's debts and other liabilities, and

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

Net family property, liabilities

(1.1) The liabilities referred to in clauses (a) and (b) of the definition of "net family property" in subsection (1) include any applicable contingent tax liabilities in respect of the property.

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

Interpretation

(1.1) For the purposes of subsection (1), a party to a domestic contract includes a party's guardian of property or attorney for property, if the guardian or attorney entered into the domestic contract on behalf of the party under the authority of subsection 55 (3).

(4) Subsection 55 (3) of the Act is repealed and the following substituted:

Guardian, attorney

(3) If a mentally incapable person has a guardian of property or an attorney under a continuing power of attorney for property, and the guardian or attorney is not his or her spouse, the guardian or attorney may enter into a domestic contract or give any waiver or consent under this Act on the person's behalf, subject to the court's prior approval.

(5) Section 59.5 of the Act is repealed.

Human Rights Code

35. (1) Subsection 11 (2) of the Human Rights Code is amended by striking out "The Commission, the Tribunal" at the beginning and substituting "The Tribunal".

(2) Subsection 11 (3) of the Act is amended by striking out "The Commission, the Tribunal" at the beginning and substituting "The Tribunal".

(3) Section 45.8 of the Act is amended by striking out "45.6" and substituting "45.7".

Independent Health Facilities Act

36. (1) Subsections 19 (4), (5) and (6) of the Independent Health Facilities Act are repealed.

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

No petition to Lieutenant Governor in Council

Definition

19.1 (1) In this section,

"old subsection 19 (4)" means subsection 19 (4) as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2) Every direction of the Minister that is the subject of a petition filed under the old subsection 19 (4) that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3) Every direction of the Minister that may be the subject of a petition under the old subsection 19 (4) is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4) Nothing in this section affects the validity of a direction of the Minister that, but for subsection 36 (1) of Schedule 2 to the Good Government Act, 2009 and this section, was or could have been the subject of a petition filed under the old subsection 19 (4).

Interprovincial Summonses Act

37. (1) Subsection 5 (1) of the Interprovincial Summonses Act is amended by striking out "in any court" in the portion before clause (a).

(2) Clause 5 (1) (b) of the Act is amended by striking out "proceedings" and substituting "proceeding".

Juries Act

38. (1) Clause 4 (b) of the Juries Act is amended by striking out "an indictable offence" and substituting "an offence that may be prosecuted by indictment".

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

Criminal record check

18.2 (1) For the purposes of confirming whether clause 4 (b) applies in respect of a person selected under section 18 or 18.1 for inclusion on a jury panel, the sheriff may, in accordance with this section and the regulations, request that a criminal record check, prepared from national data on the Canadian Police Information Centre database, be conducted concerning the person.

Timing

(2) A criminal record check concerning a person that is requested under subsection (1) shall be obtained by the sheriff before he or she finalizes the jury panel on which the person is to be included.

Collection, use and disclosure of personal information by sheriff

(3) Subject to any restrictions or conditions set out in the regulations, the sheriff shall collect, directly or indirectly, use and disclose such personal information respecting a person who is the subject of a criminal record check under subsection (1) as is required for the purposes of this section.

Agreement with police force

(4) The sheriff may enter into an agreement with a police force that is prescribed by the regulations respecting,

(a) the preparation of a criminal record check by the police force for the purposes of this section; and

(b) the collection, use and disclosure of personal information by the police force for the purposes of the criminal record check.

Removal and replacement

(5) If, on review of a person's criminal record check, the sheriff determines that clause 4 (b) applies in respect of the person, the sheriff shall,

(a) remove the person from the jury panel on which the person was to have been included;

(b) remove the person's name and other information from the jury roll for the applicable year; and

(c) draft, in accordance with section 18 or 18.1, as the case may be, another person for the jury panel to replace the person who was removed.

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

Automated procedure for empanelling jury in civil cases

27.1 Where a trial is in respect of a civil proceeding, instead of following the procedure described in section 27 to select a jury, any electronic or other automated procedure may be used to accomplish the same result.

(4) Section 28 of the Act is amended by adding "or 27.1" after "section 27".

(5) Section 29 of the Act is repealed and the following substituted:

Several causes may be tried in succession with the same jury

29. (1) Despite sections 27, 27.1 and 28, unless a party objects, the court may try any issue or assess damages with a jury previously selected to try any other issue or to assess damages.

Same

(2) Despite subsection (1), unless a party objects, the court may order any juror from the previously selected jury whom both parties consent to withdraw or who may be justly challenged or excused by the court, to retire and may cause another juror to be selected in accordance with section 27 or 27.1, as the case may be, in his or her place, in which case the issue shall be tried or the damages assessed with the remaining members of the previously selected jury and the new juror or jurors, as the case may be, who appear and are approved as indifferent.

(6) Section 37 of the Act is amended by striking out "Lieutenant Governor in Council" in the portion before clause (a) and substituting "Attorney General".

(7) Section 37 of the Act is amended by adding the following clauses:

(b.1) setting out restrictions or conditions that apply to the collection, use or disclosure of personal information by the sheriff, for the purposes of subsection 18.2 (3);

(b.2) prescribing a police force for the purposes of subsection 18.2 (4);

Justices of the Peace Act

39. (1) Clause 2.1 (15) (b) of the Justices of the Peace Act is amended by striking out "or a community college".

(2) Subsection 2.1 (15) of the Act is amended by adding the following clause:

(b.1) has been granted by a post-secondary institution, other than a college of applied arts and technology or a university, a diploma, certificate or other document evidencing successful completion of a program that can reasonably be considered to be equivalent to a program offered by a college of applied arts and technology and described in clause (b);

(3) Paragraph 3 of subsection 5.1 (1) of the Act is repealed and the following substituted:

3. The justice of the peace has retired or will retire as a full-time or part-time justice of the peace before the effective date of the change in designation.

4. The justice of the peace will be under 75 years of age on the effective date of the change in designation.

(4) Subsections 5.1 (2) and (3) of the Act are repealed and the following substituted:

Cessation at 65 years

(2) Subject to subsection (3), a per diem justice of the peace shall not continue in office once he or she reaches 65 years of age.

Continuation in office

(3) A per diem justice of the peace who is 65 years of age or older may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office until he or she reaches 75 years of age.

Criteria for approval

(4) The Chief Justice of the Ontario Court of Justice shall determine whether to grant approval under subsection (3) in accordance with the criteria developed and approved under subsection 6 (5).

(5) Section 6 of the Act is repealed and the following substituted:

Retirement at 65 years

6. (1) Subject to subsections (2) and (3), every full-time or part-time justice of the peace shall retire when he or she reaches 65 years of age.

Continuation in office

(2) A full-time or part-time justice of the peace who is 65 years of age or older may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office until he or she reaches 75 years of age.

Same

(3) A justice of the peace who continues in office in accordance with subsection (2) after reaching 65 years of age continues as a full-time or part-time justice of the peace in accordance with the office he or she held before reaching 65 years of age, subject to a change in designation under section 5.1.

Regional senior justice of the peace

(4) A regional senior justice of the peace of the Ontario Court of Justice may continue in that office after reaching 65 years of age, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, until the earlier of,

(a) the expiry of his or her term of office, including any renewal under subsection 16 (5); or

(b) when he or she reaches 75 years of age.

Criteria for approval

(5) The Chief Justice of the Ontario Court of Justice shall determine whether to grant approval under subsection (2) or (4) in accordance with criteria developed by the Chief Justice and approved by the Review Council.

(6) Subsection 8 (2) of the Act is amended by adding the following clause:

(b.1) to approve criteria under subsection 6 (5) for granting approval for justices of the peace to continue in office once they reach 65 years of age;

(7) Subsection 13.1 (1) of the Act is repealed and the following substituted:

Justice's resignation, etc., inability or failure to give decision

Decision after resignation, etc.

(1) A justice of the peace may give a decision or participate in the giving of a decision in any matter previously tried or heard before the justice of the peace within 90 days after,

(a) resigning;

(b) being appointed to a court; or

(c) retiring and ceasing to continue in office.

Lakes and Rivers Improvement Act

40. Section 12 of the Lakes and Rivers Improvement Act is repealed and the following substituted:

No petition to Lieutenant Governor in Council

Definition

12. (1) In this section,

"old section 12" means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2) Every refusal or order of the Minister that is the subject of a petition filed under the old section 12 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3) Every refusal or order of the Minister that may be the subject of a petition under the old section 12 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4) Nothing in this section affects the validity of a refusal or order of the Minister that, but for section 40 of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of a petition filed under the old section 12.

Land Titles Act

41. (1) Subsection 28 (1) of the Land Titles Act is amended by striking out "If a minor, mentally incapable person, person of unsound mind" at the beginning and substituting "If a minor, person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian".

(2) The English version of subsection 28 (1) of the Act is amended by striking out "the minor, mentally incapable person, person of unsound mind" and substituting "the minor, person who is incapable".

(3) Subsection 28 (3) of the Act is amended by striking out "mentally incapable person, person of unsound mind" and substituting "person who is incapable as defined in the Substitute Decisions Act, 1992".

(4) Subsection 57 (5.1) of the Act is amended by striking out "in the case of a person under the disability of minority, mental incompetency or unsoundness of mind, within six years from the date at which the disability ceased" at the end and substituting "in the case of a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, within six years from the date on which the minority or incapacity ceased".

(5) Subsection 136 (1) of the Act is amended,

(a) by striking out "Despite section 3 of the Bail Act" at the beginning of the portion before clause (a); and

(b) by striking out "that Act" in the portion before clause (a) and substituting "the Bail Act".

Law Society Act

42. Section 59.2 of the Law Society Act is amended by adding the following subsections:

Temporary members

(6) If the number of members of the Committee available to consider an application under section 59.3 is insufficient to form a quorum under subsection (3), the Foundation may appoint the number of temporary members needed in order to form a quorum.

Notice of appointment

(7) The Foundation shall provide notice of each appointment under subsection (6) to the Attorney General as soon as reasonably practicable, and the notice shall include the reasons for the appointment.

Expiry of appointment

(8) The appointment of a temporary member expires on the earliest of the following dates:

1. The date on which the temporary member is no longer needed in order to form a quorum.

2. If the application is granted, the date on which the proceeding in respect of which the application is made is finally disposed of.

3. If the application is not granted, the date on which it is denied.

4. The third anniversary of the appointment.

Reappointment

(9) A temporary member whose appointment expires under paragraph 4 of subsection (8) may be reappointed by the Foundation, and subsections (7) and (8) apply with necessary modifications in respect of the reappointment.

Remuneration

(10) Subsection (5) applies with necessary modifications with respect to the remuneration of a temporary member.

Legislation Act, 2006

43. (1) Clause (a) of the definition of "consolidated law" in subsection 1 (1) of the Legislation Act, 2006 is amended by adding "(Regulations)" after "Part III".

(2) Clause (b) of the definition of "consolidated law" in subsection 1 (1) of the Act is amended by adding "(Change Powers)" after "Part V".

(3) Clause (b) of the definition of "source law" in subsection 1 (1) of the Act is amended by adding "(Regulations)" after "Part III".

(4) The French version of subsection 5 (1) of the Act is amended by striking out "citation d'une loi" in the portion before clause (a) and substituting "référence à une loi".

(5) The French version of subsection 5 (2) of the Act is amended by striking out "citation d'une loi" and substituting "référence à une loi".

(6) The French version of subsection 5 (3) of the Act is amended,

(a) by striking out "citation d'une loi" and substituting "référence à une loi"; and

(b) by striking out "citation législative" and substituting "référence législative".

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

Repeal of unproclaimed Acts, provisions

Annual report

10.1 (1) On one of the first five days on which the Legislative Assembly sits in each calendar year, the Attorney General shall table in the Assembly a report listing every Act or provision of an Act that,

(a) is to come into force on a day to be named by proclamation of the Lieutenant Governor;

(b) was enacted nine years or more before December 31 of the preceding calendar year; and

(c) was not in force on December 31 of the preceding calendar year.

Repeal

(2) Every Act or provision listed in the annual report is repealed on December 31 of the calendar year in which the report is tabled unless,

(a) it comes into force on or before December 31 of that calendar year; or

(b) during that calendar year, the Assembly adopts a resolution that the Act or provision listed in the report not be repealed.

Publication

(3) The Attorney General shall, in each calendar year, publish on the e-Laws website a list of every Act or provision repealed under this section on December 31 of the preceding calendar year, and may publish the list in any other manner that he or she considers appropriate.

First report

(4) The first report under subsection (1) shall be tabled in 2011.

(8) Subsection 15 (2) of the Act is amended by striking out "a corrected Act is published" and substituting "a corrected Act is promptly published".

(9) Subsection 15 (3) of the Act is amended by striking out "in the circumstances" at the end.

(10) Subsection 15 (4) of the Act is repealed and the following substituted:

Notice

(4) Where subsection (2) or (3) applies, the Chief Legislative Counsel may, if he or she considers it appropriate, publish a notice of correction on the e-Laws website or in print.

(11) The French version of clause 16 (a) of the Act is amended,

(a) by striking out "citation des lois" and substituting "référence aux lois"; and

(b) by striking out "modes de citation" and substituting "modes de référence".

(12) Subsection 27 (1) of the Act is amended by striking out "the Registrar shall promptly publish a corrected regulation" and substituting "he or she shall ensure that a corrected regulation is promptly published".

(13) Subsection 27 (2) of the Act is repealed and the following substituted:

Notice of correction on e-Laws website

(2) Where subsection (1) applies, the Registrar may, if he or she considers it appropriate, publish a notice of correction on the e-Laws website.

(14) Subsection 27 (3) of the Act is amended by striking out "the Registrar shall, as soon as possible" and substituting "the Registrar may, if he or she considers it appropriate".

(15) Subsections 27 (4) and (5) of the Act are repealed and the following substituted:

Same

(4) A notice of correction published under subsection (3) may include a corrected regulation, if the Registrar considers it appropriate.

(16) The French version of subsection 30 (1) of the Act is amended by striking out "citation d'un règlement" and substituting "référence à un règlement".

(17) The French version of subsection 30 (3) of the Act is amended by striking out "citation d'un règlement" in the portion before clause (a) and substituting "référence à un règlement".

(18) The French version of subsection 30 (4) of the Act is amended,

(a) by striking out "citation d'un règlement" and substituting "référence à un règlement"; and

(b) by striking out "citation législative" and substituting "référence législative".

(19) The French version of clause 32 (b) of the Act is amended,

(a) by striking out "citation des règlements" and substituting "référence aux règlements"; and

(b) by striking out "modes de citation" and substituting "modes de référence".

(20) The French version of subsection 35 (2) of the Act is amended by striking out "avis de non-responsabilité" and substituting "avertissement".

(21) The French version of subsection 35 (3) of the Act is amended by striking out "d'un avis de non-responsabilité si cet avis " and substituting "d'un avertissement si l'avertissement".

(22) Subsection 42 (2) of the Act is amended by adding the following paragraphs:

2.1 Make such minor changes as may be required to ensure a consistent form of expression.

2.2 Make such minor changes as may be required to make the form of expression of an Act or regulation in French or in English more compatible with its form of expression in the other language.

(23) The French version of paragraph 7 of subsection 42 (2) of the Act is amended by striking out "modes de citation des lois ou des règlements" and substituting "modes de référence aux lois ou aux règlements".

(24) The French version of subsection 42 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Erreur de codification

(4) Si le premier conseiller législatif se rend compte qu'une erreur s'est produite lors du processus de publication ou de codification d'un texte législatif codifié :

. . . . .

(25) Subsection 43 (3) of the Act is amended by adding "or of a correction made under subsection 42 (4)" after "notice of a change made under paragraphs 1 to 3 of subsection 42 (2)" in the portion before clause (a).

(26) Clause 43 (3) (a) of the Act is amended by adding "or correction" after "change".

(27) Subsection 43 (4) of the Act is repealed and the following substituted:

Notice

(4) In providing notice of a change under subsection (1) or (2), the Chief Legislative Counsel shall state the change or the nature of the change.

(28) Clause 62 (4) (a) of the Act is repealed and the following substituted:

(a) the incorporated document is readily available to the public, on and after the day the regulation or amending regulation containing the reference is filed under Part III (Regulations); and

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

Delegation of regulation-making power

80.1 (1) A person on whom an Act confers power to make a regulation may delegate the power only if an Act specifically authorizes the delegation of that regulation-making power.

Exception

(2) Subsection (1) does not apply in respect of orders made under section 17 of the Ontario Planning and Development Act, 1994, section 47 of the Planning Act, or a predecessor of either of those sections.

(30) The definition of "mentally incompetent" in section 87 of the Act is repealed.

(31) The definition of "regulation" in section 87 of the Act is amended by striking out "as defined in Part III" and substituting "that is filed under Part III (Regulations)".

(32) Subsection 88 (2) of the Act is amended by adding the following paragraph:

2.1 Family Day.

(33) Paragraphs 2 and 3 of subsection 89 (6) of the Act are repealed and the following substituted:

2. The period includes the day in the last month counted that has the same calendar number as the specified day or, if that month has no day with that number, its last day.

(34) Subsection 98 (4) of the Act is repealed and the following substituted:

Consolidation

(4) The Chief Legislative Counsel may at any time cause an Act that is unconsolidated and unrepealed to be consolidated and published on the e-Laws website as consolidated law.

French version

(5) If the Chief Legislative Counsel causes an Act to be consolidated under subsection (4), he or she shall, in the case of a public Act, or may, in the case of a private Act,

(a) prepare a French version of the Act; and

(b) cause the French version to be consolidated and published on the e-Laws website as consolidated law together with the English version.

Revision

(6) For the purposes of consolidating an Act under subsection (4), Part V (Change Powers) applies in respect of the consolidated Act with the following modifications:

1. Subsection 42 (2) shall be read as including power to,

i. omit provisions that are obsolete, and

ii. alter the numbering and arrangement of provisions.

2. Subsection 42 (3) does not apply.

3. Subsection 43 (1) shall be read as including reference to the changes referred to in subparagraphs 1 i and ii.

(35) Subsection 99 (3) of the Act is repealed and the following substituted:

Consolidation

(3) The Chief Legislative Counsel may at any time cause a regulation that is unconsolidated and unrevoked to be consolidated and published on the e-Laws website as consolidated law.

French version

(4) If the Chief Legislative Counsel causes a regulation to be consolidated under subsection (3), he or she may,

(a) prepare a French version of the regulation; and

(b) cause the French version to be consolidated and published on the e-Laws website as consolidated law together with the English version.

Revision

(5) For the purposes of consolidating a regulation under subsection (3), Part V (Change Powers) applies in respect of the consolidated regulation with the following modifications:

1. Subsection 42 (2) shall be read as including power to,

i. omit provisions that are obsolete, and

ii. alter the numbering and arrangement of provisions.

2. Subsection 42 (3) does not apply.

3. Subsection 43 (1) shall be read as including reference to the changes referred to in subparagraphs 1 i and ii.

Limited Partnerships Act

44. (1) Clause 8 (g) of the Limited Partnerships Act is repealed and the following substituted:

(g) continue the business of the limited partnership if a general partner dies, retires or becomes incapable as defined in the Substitute Decisions Act, 1992 or a corporate general partner is dissolved, unless the right to do so is given in the partnership agreement.

(2) Section 21 of the Act is amended by striking out "The retirement, death or mental incompetence of a general partner or dissolution of a corporate general partner" at the beginning of the portion before clause (a) and substituting "A general partner's retirement, death or incapacity to manage property within the meaning of the Substitute Decisions Act, 1992 or a corporate general partner's dissolution".

Local Health System Integration Act, 2006

45. Paragraph 1 of subsection 4 (3) of the Local Health System Integration Act, 2006 is repealed.

Ministry of the Attorney General Act

46. The Ministry of the Attorney General Act is amended by adding the following section:

Limit on proceedings against Crown Attorneys, etc.

8. (1) No action or other proceeding for damages shall be commenced by a person who is or was the subject of a prosecution, in respect of any act done or omitted to be done in the performance or purported performance of a duty or authority in relation to the prosecution, against any of the following:

1. A Crown Attorney, Deputy Crown Attorney or assistant Crown Attorney appointed under the Crown Attorneys Act.

2. A person authorized under section 6 of the Crown Attorneys Act to be a provincial prosecutor.

3. Any other employee appointed for the purposes of section 4.

4. A person who was, but no longer is, a person described in paragraph 1, 2 or 3.

Proceedings against Attorney General

(2) An action or other proceeding described in subsection (1) may be commenced against the Attorney General by a person who is or was the subject of a prosecution and, for the purpose, the Attorney General stands in the place of the person against whom the action or other proceeding would have been brought but for that subsection, and may be found liable in his or her stead.

Same

(3) An action or other proceeding may only be brought against the Attorney General under subsection (2) if, but for subsection (1), the action or proceeding could have been brought against a person referred to in that subsection.

Liability without prejudice

(4) A finding of liability against the Attorney General under subsection (2) is without prejudice to the right of the Attorney General or the Crown to indemnity or other relief from the person in whose place the Attorney General stood in the action or other proceeding.

Notice of claim; discovery; service; trial without jury; payment by Attorney General

(5) Subsections 7 (1) and (2) and sections 8, 10, 11 and 22 of the Proceedings Against the Crown Act apply, with necessary modifications, to an action or other proceeding under subsection (2) and, for the purpose, a reference to the Crown shall be read as a reference to the Attorney General.

Municipal Act, 2001

47. (1) Subsection 183 (4) of the Municipal Act, 2001 is repealed.

(2) Subsection 474.14 (3) of the Act is amended by striking out "Sections 94 and 95 of the Ontario Municipal Board Act do not apply" at the beginning and substituting "Section 94 of the Ontario Municipal Board Act does not apply".

Nipissing University Act, 1992

48. Subsection 32 (2) of the Nipissing University Act, 1992, being chapter Pr52, is repealed.

Nutrient Management Act, 2002

49. (1) Paragraph 1 of subsection 57 (5) of the Nutrient Management Act, 2002 is repealed and the following substituted:

1. A member of a committee described in clause 6 (2) (z.2).

(2) Paragraph 4 of subsection 57 (5) of the Act is amended by striking out "1, 2 or 3" at the end and substituting "2 or 3".

Ontario College of Art & Design Act, 2002

50. Subsection 11 (7) of the Ontario College of Art & Design Act, 2002 is repealed.

Ontario Energy Board Act, 1998

51. (1) Subsection 6 (9) of the Ontario Energy Board Act, 1998 is amended by striking out "sections 33 and 34" and substituting "section 33".

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

No petition to Lieutenant Governor in Council

Definition

34. (1) In this section,

"old section 34" means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2) Every order, rule or code of the Board that is the subject of a petition filed under the old section 34 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3) Every order, rule or code of the Board that may be the subject of a petition under the old section 34 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4) Nothing in this section affects the validity of an order, rule or code of the Board that, but for subsection 51 (2) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of a petition filed under the old section 34.

Ontario Heritage Act

52. (1) The Ontario Heritage Act is amended by adding the following section:

Protection from personal liability

24.1 (1) No action or other proceeding shall be instituted against a member of the Review Board or an employee appointed under Part III of the Public Service of Ontario Act, 2006 to work for the Review Board as a result of any act done in good faith in the performance or intended performance of any duty under any Act or in the exercise or intended exercise of any power under any Act, or of any alleged neglect or default in the performance or exercise in good faith of such duty or power.

Exception

(2) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under an Act with respect to a person referred to in that subsection.

Crown liability

(3) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

(2) Subsection 68.1 (3) of the Act is repealed.

Ontario Law Reform Commission Act

53. The Ontario Law Reform Commission Act is repealed.

Ontario Municipal Board Act

54. (1) Section 6 of the Ontario Municipal Board Act is repealed.

(2) Sections 18, 19 and 20 of the Act are repealed.

(3) Section 95 of the Act is repealed and the following substituted:

No petition to Lieutenant Governor in Council

Definition

95. (1) In this section,

"old section 95" means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2) Every order or decision of the Board that is the subject of a petition filed under the old section 95 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3) Every order or decision of the Board that may be the subject of a petition under the old section 95 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4) Nothing in this section affects the validity of an order or decision of the Board that, but for subsection 54 (3) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of a petition filed under the old section 95.

(4) Subsection 96 (4) of the Act is amended by striking out "in sections 43 and 95" in the portion before clause (a) and substituting "in section 43".

Ontario Water Resources Act

55. (1) Section 9 of the Ontario Water Resources Act is repealed and the following substituted:

Appeal from Tribunal decision

9. A party to a proceeding under section 7 may appeal from the Tribunal's decision on a question of law to the Divisional Court.

No appeal to Lieutenant Governor in Council

Definition

9.1 (1) In this section,

"old section 9" means section 9 as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to appeal

(2) Every decision of the Tribunal that is the subject of an appeal to the Lieutenant Governor in Council under the old section 9 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to appeal to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3) Every decision of the Tribunal that may be the subject of an appeal to the Lieutenant Governor in Council under the old section 9 is deemed not to be subject to appeal to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4) Nothing in this section affects the validity of a decision of the Tribunal that, but for subsection 55 (1) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of an appeal to the Lieutenant Governor in Council under the old section 9.

(2) Subsection 73 (5) of the Act is repealed.

(3) Subsection 74 (9) of the Act is repealed.

(4) The French version of subsection 74 (10) of the Act is amended,

(a) by striking out "ou un décret pris ou une ordonnance rendue" and substituting "pris"; and

(b) by striking out "ou le décret" at the end.

(5) The French version of subsection 74 (12) of the Act is amended by striking out "ou d'un décret pris ou d'une ordonnance rendue" and substituting "pris".

(6) The French version of subsection 74 (13) of the Act is amended,

(a) by striking out "ou d'un décret pris ou d'une ordonnance rendue" and substituting "pris"; and

(b) by striking out ", du décret ou de l'ordonnance".

(7) Subsection 74 (14) of the Act is repealed.

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

No petition to Lieutenant Governor in Council

Definition

74.1 (1) In this section,

"old section 74" means section 74 as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2) Every order made under the old section 74, or rate or charge imposed by such an order, that is the subject of a petition filed under subsection (9) or (14) of that section, as the case may be, that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3) Every order made under the old section 74, or rate or charge imposed by such an order, that may be the subject of a petition filed under subsection (9) or (14) of that section, as the case may be, is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4) Nothing in this section affects the validity of an order, or rate or charge imposed by an order, that, but for subsection 55 (3) or (7) of Schedule 2 to the Good Government Act, 2009 and this section, was or could have been the subject of a petition filed under subsection (9) or (14) of the old section 74.

(9) Paragraph 1 of subsection 93 (1) of the Act is repealed.

(10) Paragraph 3 of subsection 93 (1) of the Act is amended by striking out "1 or 2" at the end and substituting "2".

Partition Act

56. Section 6 of the Partition Act is amended by striking out "a minor or mentally incompetent person, party to the proceedings by which the sale or partition is made or declared, as of a person" and substituting "a party to the proceedings by which the sale or partition is made or declared who is a minor or is incapable as defined in the Substitute Decisions Act, 1992, as of a party".

Partnerships Act

57. (1) Clause 35 (a) of the Partnerships Act is repealed and the following substituted:

(a) when a partner is found to be incapable as defined in the Substitute Decisions Act, 1992;

(2) Section 35 of the Act is amended by adding the following subsection:

Application where incapacity

(2) In the case of an application under clause (1) (a), the application may be made by the litigation guardian of the partner found to be incapable, on the partner's behalf.

Pesticides Act

58. Paragraph 1 of subsection 16 (1) of the Pesticides Act is repealed and the following substituted:

1. A member of the Committee.

Planning Act

59. (1) Section 64 of the Planning Act is repealed.

(2) Clause 74 (4) (b) of the Act is amended by striking out "but in either case, section 95 of the Ontario Municipal Board Act applies and section 64 of this Act does not apply in respect of the final disposition of the matter" at the end.

(3) Clause 74 (6) (b) of the Act is amended by striking out "but in either case, section 95 of the Ontario Municipal Board Act applies and section 64 of this Act does not apply in respect of the final disposition of the matter" at the end.

Police Services Act

60. (1) Paragraph 5 of subsection 58 (2) of the Police Services Act is repealed.

(2) Subsection 85 (10) of the Act is amended by striking out "or an employee of the Ontario Provincial Police".

(3) Section 113 of the Act is amended by adding the following subsection:

Acting director

(3.1) The director may designate a person, other than a police officer or former police officer, as acting director to exercise the powers and perform the duties of the director if the director is absent or unable to act.

(4) Subsection 113 (4) of the Act is amended by striking out "The director" at the beginning and substituting "The director, acting director".

Professional Engineers Act

61. Subclause 28 (4) (k) (ii) of the Professional Engineers Act is amended by striking out "handicap" and substituting "incapacity".

Public Guardian and Trustee Act

62. (1) Subsection 10.3 (1) of the Public Guardian and Trustee Act is repealed and the following substituted:

Access to personal information

(1) For the purpose of identifying and locating minors and other persons who may be entitled to assets held by the Accountant of the Superior Court of Justice, the Public Guardian and Trustee is entitled to collect personal information from any source and to retain, use and disclose the personal information.

(2) Subsection 10.3 (2) of the Act is amended by striking out "clause (1) (a)" at the end and substituting "subsection (1)".

(3) Section 10.3 of the Act is amended by adding the following subsection:

Personal Health Information Protection Act, 2004

(3.1) For greater certainty, subsection (3) does not affect the disclosure of personal health information by the Minister of Health and Long-Term Care under clause 43 (1) (e) of the Personal Health Information Protection Act, 2004.

(4) Subsection 10.3 (4) of the Act is amended by striking out "clause (1) (a)" at the end and substituting "subsection (1)".

(5) Subsection 10.3 (6) of the Act is repealed.

(6) Subsection 10.3 (7) of the Act is amended by adding the following definition:

"personal health information" has the same meaning as in the Personal Health Information Protection Act, 2004; ("renseignements personnels sur la santé")

(7) Subsection 10.3 (10) of the Act is repealed.

(8) Subsection 15 (4) of the Act is amended by striking out "Lieutenant Governor in Council" and substituting "Attorney General".

Real Property Limitations Act

63. (1) Section 36 of the Real Property Limitations Act is amended,

(a) by striking out "is under the disability of minority, mental incompetency or unsoundness of mind" and substituting "is a minor or is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian"; and

(b) by striking out "any such disability" and substituting "any such minority or incapacity".

(2) Section 39 of the Act is amended by striking out "is a minor, mentally incompetent person, of unsound mind, or tenant for life" and substituting "is a minor, is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian, or is a tenant for life".

Registry Act

64. (1) Paragraph 6 of subsection 18 (6) of the Registry Act is amended by striking out "under the Mental Incompetency Act" at the end and substituting "under the Substitute Decisions Act, 1992 or the Mental Health Act".

(2) Subsection 116 (3) of the Act is amended,

(a) by striking out "a person under the disability of minority, mental incompetency or unsoundness of mind" and substituting "a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian"; and

(b) by striking out "the disability ceased" and substituting "the minority or incapacity ceased".

Religious Organizations' Lands Act

65. (1) Subsection 10 (1) of the Religious Organizations' Lands Act is amended by striking out "for one term of forty years or for more than one term of not more than forty years in all".

(2) Clause 10 (2) (a) of the Act is amended by striking out "subject to the forty year maximum period specified in subsection (1)".

(3) The following provisions of the Act are amended by striking out "Public Trustee" wherever it appears and substituting in each case "Public Guardian and Trustee":

1. Subsection 23 (1).

2. Subsection 24 (2).

3. Subsections 25 (1) and (2).

Retail Business Holidays Act

66. Subsection 4.3 (7) of the Retail Business Holidays Act is amended by striking out "Sections 43 and 95 of the Ontario Municipal Board Act do not apply" at the beginning and substituting "Section 43 of the Ontario Municipal Board Act does not apply".

Safe Drinking Water Act, 2002

67. (1) Paragraph 1 of subsection 158 (1) of the Safe Drinking Water Act, 2002 is repealed.

(2) Paragraph 3 of subsection 158 (1) of the Act is amended by striking out "1 or 2" at the end and substituting "2".

Settled Estates Act

68. (1) Subsection 34 (1) of the Settled Estates Act is amended,

(a) by striking out "to committees on behalf of mentally incompetent persons" and substituting "to the guardian of property, attorney acting under a continuing power of attorney for property or litigation guardian on behalf of persons who are incapable as defined in the Substitute Decisions Act, 1992"; and

(b) by striking out "or person of unsound mind not so found" at the end.

(2) Subsection 34 (2) of the Act is repealed and the following substituted:

Court approval

(2) All consents, notifications or notices respecting an application that are given by a guardian of property, attorney acting under a continuing power of attorney for property or litigation guardian on behalf of a person who is incapable as defined in the Substitute Decisions Act, 1992, or by the Children's Lawyer or other litigation guardian on behalf of a minor, are subject to court approval.

Shortline Railways Act, 1995

69. Subsection 9 (1) of the Shortline Railways Act, 1995 is amended by striking out "sections 43, 94 and 95" and substituting "sections 43 and 94".

Solicitors Act

70. Subsections 33 (3), (4) and (5) of the Solicitors Act are repealed and the following substituted:

Rate to be shown

(3) The rate of interest applicable to a bill shall be shown on the bill delivered.

Disallowance, variation on assessment

(4) On the assessment of a solicitor's bill, if the assessment officer considers it just in the circumstances, the assessment officer may, in respect of the whole or any part of the amount allowed on the assessment,

(a) disallow interest; or

(b) vary the applicable rate of interest.

Regulations

(5) The Lieutenant Governor in Council may make regulations establishing a maximum rate of interest that may be charged under subsection (1) or (2) or that may be fixed under clause (4) (b).

Substitute Decisions Act, 1992

71. (1) Section 3 of the Substitute Decisions Act, 1992 is amended by adding the following subsection:

Same

(3) Nothing in subsection (2) affects any right of the person to an assessment of a solicitor's bill under the Solicitors Act or other review of the legal fees and, if it is determined that the person is incapable of managing property, the assessment or other review may be sought on behalf of the person by,

(a) the person's guardian of property; or

(b) the person's attorney under a continuing power of attorney for property.

(2) Clauses 16.1 (c) and (d) of the Act are repealed and the following substituted:

(c) the Public Guardian and Trustee receives,

(i) the original power of attorney, or a copy of it that is authenticated in a manner satisfactory to the Public Guardian and Trustee,

(ii) a written undertaking signed by the attorney to act in accordance with the power of attorney, and

(iii) proof satisfactory to the Public Guardian and Trustee of the identity of the person named as the attorney in the power of attorney; and

(d) if someone has replaced the Public Guardian and Trustee as the statutory guardian under section 17, the statutory guardian receives,

(i) a copy of the power of attorney that is authenticated in a manner satisfactory to the statutory guardian, and

(ii) a written undertaking signed by the attorney to act in accordance with the power of attorney.

(3) Section 16.1 of the Act is amended by adding the following subsections:

Attorney resigns

(2) If a statutory guardianship of property is terminated under subsection (1) and, within six months after the termination, the power of attorney is terminated under section 12 because of the attorney's resignation, the Public Guardian and Trustee or the person who replaced the Public Guardian and Trustee as statutory guardian under section 17, as the case may be, may elect to resume being the incapable person's statutory guardian of property until another person is appointed as guardian of property under section 17 or 22.

Exception

(3) Subsection (2) does not apply if any of the events described in paragraph 1, 3 or 4 of section 20 has occurred since the termination of the statutory guardianship of property under subsection (1).

(4) Section 20 of the Act is amended by adding the following paragraphs:

1.1 The statutory guardianship is terminated under subsection 16.1 (1), except as provided by subsection 16.1 (2).

. . . . .

5. The person dies.

(5) Clause 24 (5) (c) of the Act is repealed and the following substituted:

(c) the closeness of the relationship of the applicant to the incapable person and, if the applicant is not the proposed guardian, the closeness of the relationship of the proposed guardian to the incapable person.

(6) Section 35 of the Act is repealed and the following substituted:

P.G.T., powers of executor

35. (1) If the Public Guardian and Trustee is the guardian of property for an incapable person immediately before the person's death, the Public Guardian and Trustee may, but need not, exercise the powers of an executor to whom the incapable person's property is given in trust for the payment of debts and the distribution of the residue, until notified of another person's appointment as personal representative.

Same

(2) If the Public Guardian and Trustee exercises powers under subsection (1), it may be with respect to all of the property or such portion of the property as the Public Guardian and Trustee determines.

Same

(3) If the Public Guardian and Trustee exercises powers under subsection (1) only with respect to a portion of the property, the duties and responsibilities of the Public Guardian and Trustee in respect of the property are limited to that portion.

(7) Clause 57 (3) (c) of the Act is repealed and the following substituted:

(c) the closeness of the relationship of the applicant to the incapable person and, if the applicant is not the proposed guardian, the closeness of the relationship of the proposed guardian to the incapable person.

(8) Subsection 83 (1) of the Act is amended by striking out "to any record relating to the person who is alleged to be incapable that is in the custody or control of" in the portion before clause (a) and substituting "to any record relating to the person who is alleged to be incapable that the Public Guardian and Trustee reasonably believes to be relevant to the investigation and that is in the custody or control of".

(9) Section 83 of the Act is amended by adding the following subsection:

Notice of access

(9) If the Public Guardian and Trustee obtains access to one or more records under this section, the Public Guardian and Trustee shall, unless it is not appropriate in the circumstances, notify the person who is alleged to be incapable as soon as reasonably possible that,

(a) an allegation was made that the person is incapable of managing property or incapable of personal care and that serious adverse effects are occurring or might occur as a result;

(b) the Public Guardian and Trustee is investigating the allegation as required by this Act; and

(c) the Public Guardian and Trustee has obtained access to one or more records under this section for the purposes of the investigation.

Surveyors Act

72. Subclause 26 (4) (l) (ii) of the Surveyors Act is amended by striking out "handicap" and substituting "incapacity".

Time Act

73. Clause 2 (4) (a) of the Time Act is repealed and the following substituted:

(a) daylight saving time during the period between 2 a.m. standard time on the second Sunday in March and 2 a.m. daylight saving time on the first Sunday in November; and

Toronto Islands Residential Community Stewardship Act, 1993

74. Paragraph 1 of subsection 14 (2) of the Toronto Islands Residential Community Stewardship Act, 1993 is repealed.

Town of Haldimand Act, 1999

75. Subsection 13.6 (7) of the Town of Haldimand Act, 1999 is repealed.

Town of Norfolk Act, 1999

76. Subsection 13.6 (7) of the Town of Norfolk Act, 1999 is repealed.

Toxics Reduction Act, 2009

77. (1) Paragraph 1 of subsection 47 (1) of the Toxics Reduction Act, 2009 is repealed.

(2) Paragraph 4 of subsection 47 (1) of the Act is amended by striking out "1, 2 or 3" at the end and substituting "2 or 3".

University of Ontario Institute of Technology Act, 2002

78. Subsection 15 (6) of the University of Ontario Institute of Technology Act, 2002 is repealed.

Revocation of Regulation

79. Regulation 72 of the Revised Regulations of Ontario, 1990 (Forms) made under the Children's Law Reform Act is revoked.

Commencement

Commencement

80. (1) Subject to subsections (2) to (4), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

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

1. Subsections 20 (1) and (8) to (15).

2. Section 23.

3. Subsections 38 (1), (2) and (7).

4. Section 39.

Same

(3) Section 22 comes into force 30 days after the day the Good Government Act, 2009 receives Royal Assent.

Same

(4) Section 77 comes into force on the later of the day subsection 47 (1) of the Toxics Reduction Act, 2009 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

schedule 3
MINISTRY OF THE ATTORNEY GENERAL (electoral statutes)

Election Act

1. Subsection 42 (1) of the Election Act is amended by striking out "sections 4, 7, 14, 44 and 55" and substituting "sections 4, 7 and 14, subsection 45 (4) and section 55".

Election Finances Act

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

Increase for certain candidates

(2) In relation to candidates in electoral districts listed in subsection 38 (3.3), the amount determined under subsection (1) shall be increased by the applicable amount determined under subsection 38 (3.4).

Electoral System Referendum Act, 2007

3. Section 20 of the Electoral System Referendum Act, 2007 is repealed and the following substituted:

Repeal

20. (1) Sections 2 to 11, 17 and 19 and Tables 1 and 2 are repealed on the day the Good Government Act, 2009 receives Royal Assent.

(2) Section 18 is repealed on the day the Legislature is dissolved for the first time after the 2007 general election.

(3) The remaining provisions of this Act are repealed on October 10, 2013.

Commencement

Commencement

4. This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Schedule 4
Ministry Of thE Attorney GEneral (Provincial Offences)

Provincial Offences Act

1. (1) The definition of "provincial offences officer" in subsection 1 (1) of the Provincial Offences Act is repealed and the following substituted:

"provincial offences officer" means,

(a) a police officer,

(b) a constable appointed pursuant to any Act,

(c) a municipal law enforcement officer referred to in subsection 101 (4) of the Municipal Act, 2001 or in subsection 79 (1) of the City of Toronto Act, 2006, while in the discharge of his or her duties,

(d) a by-law enforcement officer of any municipality or of any local board of any municipality, while in the discharge of his or her duties,

(e) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act, while in the discharge of his or her duties, or

(f) a person designated under subsection (3); ("agent des infractions provinciales")

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

Issuance and service

(2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13,

(a) a certificate of offence certifying that an offence has been committed; and

(b) either an offence notice indicating the set fine for the offence or a summons.

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

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

Filing of certificate of offence

4. A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons.

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

Having a trial

5. (1) A defendant who is served with an offence notice may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter.

Notice of intention to appear in offence notice

(2) If the offence notice includes a part with a notice of intention to appear, the defendant must give notice of intention to appear by,

(a) completing the notice of intention to appear part of the offence notice; and

(b) delivering the offence notice to the court office specified in it in the manner provided in the offence notice.

Notice of intention to appear to be filed in person

(3) If the offence notice requires the notice of intention to appear to be filed in person, the defendant must give the notice of intention to appear by,

(a) attending in person or by representative at the court office specified in the offence notice at the time or times specified in the offence notice; and

(b) filing a notice of intention to appear in the form prescribed under section 13 with the clerk of the court.

Specified court office

(4) A notice of intention to appear under subsection (3) is not valid if the defendant files the notice of intention to appear at a court office other than the one specified on the offence notice.

Notice of trial

(5) Where a notice of intention to appear is received under subsection (2) or (3), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of the trial.

Rescheduling time of trial

(6) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in subsection (5).

(6) Section 5.1 of the Act is repealed and the following substituted:

Availability of meeting procedure

5.1 (1) This section applies where the offence notice requires the notice of intention to appear to be filed in person in the form prescribed under section 13.

Option for meeting with the prosecutor

(2) Instead of filing a notice of intention to appear under subsection 5 (3), a defendant may request a meeting with the prosecutor to discuss the resolution of the offence by,

(a) indicating that request on the offence notice; and

(b) delivering the offence notice to the court office specified on it within 15 days after the defendant was served with the offence notice.

Notice of meeting time

(3) Where a defendant requests a meeting with the prosecutor under subsection (2), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of their meeting.

Rescheduling the meeting time

(4) If the time for the meeting scheduled in the notice under subsection (3) is not suitable for the defendant, the defendant may, at least two days before the scheduled time of the meeting, deliver to the clerk of the court one written request to reschedule the time for the meeting and the clerk shall arrange a new meeting time to take place within 30 days of the time scheduled in the notice under subsection (3).

Notice of rescheduled meeting time

(5) Where a meeting time is rescheduled under subsection (4), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the rescheduled time and the place of their meeting.

Meeting by electronic method

(6) The defendant and the prosecutor may, if unable to attend in person because of remoteness, attend their meeting by electronic method in accordance with section 83.1.

Agreement on plea of guilty and submissions

(7) At their meeting, the defendant and the prosecutor may agree that,

(a) the defendant will enter a guilty plea to the offence or a substituted offence; and

(b) the defendant and the prosecutor will make submissions as to penalty, including an extension of time for payment.

Appearance before justice

(8) If an agreement is reached under subsection (7), the defendant shall, as directed by the prosecutor,

(a) appear with the prosecutor before a justice sitting in court and orally enter the plea and make submissions; or

(b) appear without the prosecutor before a justice sitting in court within 10 days, enter the plea orally and make the submissions in the form determined by the regulations.

Conviction

(9) Upon receiving the plea and submissions under subsection (8), the justice may,

(a) require the prosecutor to appear and speak to the submissions, if the submissions were submitted under clause (8) (b); and

(b) enter a conviction and impose the set fine or such other fine as is permitted by law in respect of the offence for which the plea was entered.

If no justice available

(10) If no justice is available after the meeting to conduct the proceeding under clause (8) (a), the clerk of the court shall, as soon as practicable, give notice to the defendant and the prosecutor of the time and place for their joint appearance before a justice.

Notice of trial

(11) The clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of the trial if,

(a) an agreement is not reached under subsection (7); or

(b) the justice does not accept the guilty plea and refers the matter to trial.

Rescheduling time of trial

(12) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to subsection (11).

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

Rescheduling time of trial

5.1.1 The clerk of the court may, for administrative reasons, reschedule the time of the trial under sections 5 and 5.1 by giving a revised notice to the defendant and the prosecutor within 21 days of informing the defendant and the prosecutor of the time and place of the trial under subsections 5 (2) and 5.1 (6), respectively.

(8) Section 5.1.1 of the Act, as enacted by subsection (7), is repealed.

(9) Section 5.2 of the Act is repealed.

(10) Section 6 of the Act is repealed.

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

Plea of guilty with submissions

7. (1) A defendant who does not have the option of meeting with the prosecutor under section 5.1 and does not wish to dispute the charge in the offence notice, but wishes to make submissions as to penalty, including an extension of time for payment, may attend at the time and place specified in the notice and may appear before a justice sitting in court for the purpose of pleading guilty to the offence and making submissions as to penalty, and the justice may enter a conviction and impose the set fine or such lesser fine as is permitted by law.

Submissions under oath

(2) The justice may require submissions under subsection (1) to be made under oath, orally or by affidavit.

(12) Section 8 of the Act is repealed and the following substituted:

Payment out of court

8. (1) A defendant who does not wish to dispute the charge in the offence notice may, in the manner indicated on the offence notice, pay the set fine and all applicable costs and surcharges fixed by the regulations.

Effect of payment

(2) Acceptance by the court office of payment under subsection (1) constitutes,

(a) a plea of guilty by the defendant;

(b) conviction of the defendant for the offence; and

(c) imposition of a fine in the amount of the set fine for the offence.

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

Deemed not to dispute charge

9. (1) A defendant is deemed to not wish to dispute the charge where,

(a) at least 15 days have elapsed after the defendant was served with the offence notice and the defendant did not give notice of intention to appear under section 5, did not request a meeting with the prosecutor in accordance with section 5.1 and did not plead guilty under section 7 or 8;

(b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 but did not attend the scheduled meeting with the prosecutor; or

(c) the defendant reached an agreement with the prosecutor under subsection 5.1 (7) but did not appear at a sentencing hearing with a justice under subsection 5.1 (8).

Action by justice

(2) Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall,

(a) where the certificate of offence is complete and regular on its face, enter a conviction in the defendant's absence and without a hearing and impose the set fine for the offence; or

(b) where the certificate of offence is not complete and regular on its face, quash the proceeding.

Conviction without proof of by-law

(3) Where the offence is in respect of an offence under a by-law of a municipality, the justice shall enter a conviction under clause (2) (a) without proof of the by-law that creates the offence if the certificate of offence is complete and regular on its face.

(14) Subsection 9.1 (1) of the Act is repealed and the following substituted:

Failure to appear at trial

(1) A defendant is deemed to not wish to dispute the charge where the defendant has been issued a notice of the time and place of trial and fails to appear at the time and place appointed for the trial.

(15) Section 11 of the Act is amended by adding the following subsection:

Rescheduling time of trial

(4.1) If a notice of trial is given, the clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the original notice of trial.

(16) Section 11 of the Act is repealed and the following substituted:

Reopening

Application to strike out conviction

11. (1) A defendant who was convicted without a hearing may, within 15 days of becoming aware of the conviction, apply to a justice to strike out the conviction.

Striking out the conviction

(2) Upon application under subsection (1), a justice shall strike out a conviction if satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or for a meeting under section 5.1 or the defendant did not receive delivery of a notice or document relating to the offence.

If conviction struck out

(3) If the justice strikes out the conviction, the justice shall,

(a) proceed under section 7, if the offence notice does not require the notice of intention to appear to be filed in person and the defendant wishes to proceed under that section;

(b) direct the clerk of the court to give notice to the defendant and the prosecutor of the time and place of their meeting under subsection 5.1 (3), if the offence notice requires the notice of intention to appear to be filed in person and the defendant wishes to proceed under that section; or

(c) direct the clerk of the court to give notice to the defendant and the prosecutor of the time and place of the trial.

Rescheduling time of trial

(4) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to clause (3) (c).

Certificate

(5) A justice who strikes out a conviction under subsection (2) shall give the defendant a certificate of the fact in the prescribed form.

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

Error by municipality

11.1 (1) A municipality or other body may apply to a justice requesting that a conviction be struck out if the defendant was convicted because of an error made by the municipality or other body.

Striking out conviction

(2) On an application by a municipality or other body, if a justice is satisfied that an error was made, the justice shall strike out the conviction.

Notice to defendant

(3) If the justice strikes out the conviction, the municipality or other body shall notify the defendant of that fact.

(18) Subsection 12 (1) of the Act is amended by striking out "$500" wherever it appears and substituting in each case "$1,000".

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

Transitional

(1.1) Subsection (1) applies only to an offence committed on or after the day subsection 1 (18) of Schedule 4 to the Good Government Act, 2009 comes into force.

(20) Clause 13 (1) (d) of the Act is repealed.

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

Rescheduling time of trial

(4.1) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to subsection (4).

(22) Subsection 17.1 (1) of the Act is repealed and the following substituted:

Application

(1) This section applies where the parking infraction notice requires the notice of intention to appear to be filed in person at a place specified in the parking infraction notice.

(23) Section 17.1 of the Act is amended by adding the following subsection:

Rescheduling time of trial

(6.1) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to subsection (6).

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

Rescheduling time of trial

(5) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to subsection (4).

(25) Subsection 18.1.1 (1) of the Act is repealed and the following substituted:

Application

(1) This section applies where the notice of impending conviction requires the notice of intention to appear to be filed in person at a place specified in the notice of impending conviction.

(26) Section 18.1.2 of the Act is repealed.

(27) Subsection 18.4 (1) of the Act is repealed and the following substituted:

Failure to appear at trial

(1) A defendant is deemed to not wish to dispute the charge where the defendant has been issued a notice of the time and place of trial and fails to appear at the time and place appointed for the trial.

(28) Subsection 18.6 (1) of the Act is repealed and the following substituted:

Authority to collect parking fines

(1) A municipality may collect the fines levied for convictions respecting parking infractions under its by-laws if the municipality,

(a) enters into an agreement with the Attorney General to authorize it; or

(b) enters into a transfer agreement under Part X.

Agreement

(1.1) The Attorney General and a municipality may enter into an agreement for the purpose of clause (1) (a).

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

Reopening

Application to strike out conviction

19. (1) A defendant who was convicted of a parking infraction without a hearing may, within 15 days of becoming aware of the conviction, apply to a justice to strike out the conviction.

Striking out the conviction

(2) Upon application under subsection (1), a justice shall strike out a conviction if satisfied by affidavit of the defendant or otherwise that, through no fault of the defendant, the defendant was unable to appear for a hearing or the defendant never received any notice or document relating to the parking infraction.

If conviction struck out

(3) If the justice strikes out the conviction, the justice shall,

(a) if the defendant enters a plea of guilty, accept the plea and impose the set fine; or

(b) direct the clerk of the court to give notice to the defendant and the prosecutor of the time and place of the trial.

Rescheduling time of trial

(4) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in clause (3) (b).

(30) Clause 20 (1) (h) of the Act is repealed.

(31) Clauses 20 (1) (i) and (j) of the Act are repealed and the following substituted:

(i) prescribing the information to be included in a notice certifying that a fine is in default under subsection 18.6 (4) and designating the person to whom the notice is to be sent.

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

Multiple defendants

(1.1) For greater certainty, an information laid under subsection (1) may include one or more persons.

(33) Clause 25 (7) (g) of the Act is repealed and the following substituted.

(g) it does not name or describe with precision any person, place, thing or time; or

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

Service on corporation

(4) Service of a summons on a corporation may be effected,

(a) in the case of a municipal corporation by,

(i) delivering the summons personally to the mayor, warden, reeve or other chief officer of the corporation or to the clerk of the corporation, or

(ii) mailing the summons by registered mail to the municipal corporation at an address held out by it to be its address;

(b) in the case of any corporation, other than a municipal corporation, incorporated or continued by or under an Act by,

(i) delivering the summons personally to the manager, secretary or other executive officer of the corporation or person apparently in charge of a branch office of the corporation, or

(ii) mailing the summons by registered mail to the corporation at an address held out by it to be its address;

(c) in the case of corporation not incorporated or continued by or under an Act by,

(i) a method provided under clause (b),

(ii) delivering the summons personally to the corporation's resident agent or agent for service or to any other representative of the corporation in Ontario, or

(iii) mailing the summons by registered mail to a person referred to in subclause (ii) or to an address outside Ontario, including outside Canada, held out by the corporation to be its address.

Date of mailed service

(4.1) A summons served by registered mail under subsection (4) is deemed to have been duly served seven days after the day of mailing.

(35) Subsection 29 (1) of the Act is repealed and the following substituted:

Territorial jurisdiction

(1) Subject to subsection (2), a proceeding in respect of an offence shall be heard and determined by the Ontario Court of Justice sitting in the county or district in which the offence occurred or in the area specified in the transfer agreement made under Part X.

(36) Section 39 of the Act is amended by adding the following subsection:

Exception

(2.1) Despite subsection (2), a summons served under this section may be served by a person other than a provincial offences officer.

(37) Section 45 of the Act is repealed and the following substituted:

Taking of plea

45. (1) After being informed of the substance of the information or certificate, the defendant shall be asked whether the defendant pleads guilty or not guilty of the offence charged in it.

Conviction on plea of guilty

(2) Where the defendant pleads guilty, the court may accept the plea and convict the defendant.

Conditions of accepting plea

(3) A court may accept a plea of guilty only if it is satisfied that the defendant,

(a) is making the plea voluntarily;

(b) understands that the plea is an admission of the essential elements of the offence;

(c) understands the nature and consequences of the plea; and

(d) understands that the court is not bound by any agreement made between the defendant and the prosecutor.

Validity of plea not affected

(4) The failure of a court to fully inquire into whether the conditions set out in subsection (3) are met does not affect the validity of the plea.

Refusal to plead

(5) Where the defendant refuses to plead or does not answer directly, the court shall enter a plea of not guilty.

Plea of guilty to another offence

(6) Where the defendant pleads guilty of an offence other than the offence charged, and whether or not it is an included offence and whether or not the defendant has pleaded not guilty to the offence charged, the court may, with the consent of the prosecutor, accept such plea of guilty and accordingly amend the certificate of offence, the certificate of parking infraction or the information, as the case may be, or substitute the offence to which the defendant pleads guilty.

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

Judicial pre-trial conferences

45.1 (1) On application by the prosecutor or the defendant or on his or her own motion, a justice may order that a pre-trial conference be held between the prosecutor and the defendant or a representative of the defendant.

Matters for consideration

(2) The court, or a justice of the court, shall preside over the pre-trial conference, the purpose of which is to,

(a) consider the matters that, to promote a fair and expeditious trial, would be better decided before the start of the proceedings and other similar matters; and

(b) make arrangements for decisions on those matters.

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

Trial on plea of not guilty

(1) If the defendant pleads not guilty, the court shall hold the trial.

(40) Section 48.1 of the Act is repealed and the following substituted:

Certified evidence

Application

48.1 (1) This section applies to a hearing, including a hearing in the absence of a defendant under section 54, where,

(a) the proceeding for the offence was commenced by certificate under Part I or II; and

(b) the offence is specified by the regulations.

Admissibility of certified evidence

(2) The following are admissible in evidence as proof of the facts certified in it, in the absence of evidence to the contrary:

1. A certified statement in a certificate of offence.

2. A certified statement in a certificate of parking infraction.

3. Other types of certified evidence specified by the regulations.

Other provisions on admissibility

(3) For greater certainty, subsection (2) does not affect or interfere with the operation of a provision of this Act or any other Act that permits or specifies that a document or type of document be admitted into evidence as proof of the facts certified in it.

Onus

(4) For greater certainty, this section does not remove the onus on the prosecution to prove its case beyond a reasonable doubt.

No oral evidence

(5) A provincial offences officer who provides certified evidence referred to in subsection (2) in respect of a proceeding shall not be required to attend to give evidence at trial, except as provided under subsection 49 (4).

Regulations

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

(a) specifying offences for the purposes of clause (1) (b);

(b) respecting other types of certified evidence for the purposes of paragraph 3 of subsection (2);

(c) respecting restrictions or conditions on the admissibility of evidence under subsection (2).

(41) Subsection 49 (3) of the Act is repealed and the following substituted:

Adjournment

(3) Despite subsection (1) and subject to subsection (4), if the trial is being held in respect of a proceeding commenced under Part I or II, the court shall not adjourn the trial for the purpose of having the provincial offences officer who completed the certificate of offence or the certificate of parking infraction, as the case may be, attend to give evidence unless the court is satisfied that the interests of justice require it.

Adjournment where certified evidence

(4) If certified evidence referred to in subsection 48.1 (2) is being admitted as evidence in a trial referred to in subsection (1), the court shall not adjourn the trial for the purpose of having any of the following persons attend to give evidence unless the court is satisfied that the oral evidence of the person is necessary in order to ensure a fair trial:

1. The provincial offences officer who completed the certificate of offence or the certificate of parking infraction, as the case may be.

2. Any provincial offences officer who provided certified evidence in respect of the proceeding.

(42) Section 49 of the Act is amended by adding the following subsection:

Power of clerk to adjourn

(5) The clerk of the court may, on behalf of the court, adjourn,

(a) the first trial date for a proceeding commenced under Part I or Part II to a date agreed to by the defendant and the prosecutor in a written agreement filed with the court; and

(b) any proceeding under this Act or any step in a proceeding under this Act, where no justice is able to attend in person, to a date chosen in accordance with the instructions of a justice.

(43) Section 54 of the Act is repealed and the following substituted:

Conviction in the absence of the defendant

54. (1) Where a defendant does not appear at the time and place appointed for a hearing and it is proved by the prosecutor, having been given a reasonable opportunity to do so, that a summons was served, a notice of trial was given under Part I or II, an undertaking to appear was given or a recognizance to appear was entered into, as the case may be, or where the defendant does not appear upon the resumption of a hearing that has been adjourned, the court may,

(a) proceed to hear and determine the proceeding in the absence of the defendant; or

(b) adjourn the hearing and, if it thinks fit, issue a summons to appear or issue a warrant in the prescribed form for the arrest of the defendant.

Proceeding arising from failure to appear

(2) Where the court proceeds under clause (1) (a) or adjourns the hearing under clause (1) (b) without issuing a summons or warrant, no proceeding arising out of the failure of the defendant to appear at the time and place appointed for the hearing or for the resumption of the hearing shall be instituted, or if instituted shall be proceeded with, except with the consent of the Attorney General or his or her agent.

(44) Subsection 68 (2) of the Act is repealed.

(45) Section 69 of the Act is amended by adding the following subsection:

Inability to pay

(14.1) Despite subsection 165 (3), a defendant may, in accordance with the regulations, apply to a justice to reduce or expunge a defaulted fine under subsection (15) where the defendant meets the criteria for inability to pay defined in the regulations.

(46) Subsection 69 (22) of the Act is amended by adding the following clause:

(a.1) prescribing the form and procedure for an application under subsection (14.1);

(47) Subsection 76.1 (1) of the Act is repealed and the following substituted:

Electronic format and filing

(1) A document may, in accordance with the regulations, be completed, signed and filed by electronic means in an electronic format.

(48) Section 83.1 of the Act is repealed and the following substituted:

Definition

83.1 (1) In this section,

"electronic method" means video conference, audio conference, telephone conference or other method determined by the regulations.

Appearance by electronic method

(2) Subject to this section, in any proceeding under this Act or any step in a proceeding under this Act, if the appropriate equipment is available at the courthouse where the proceeding occurs,

(a) a witness may give evidence by electronic method;

(b) a defendant may appear by electronic method;

(c) a prosecutor may appear and prosecute by electronic method; and

(d) an interpreter may interpret by electronic method.

Consent required

(3) A witness may appear by electronic method to give evidence in a proceeding commenced by information under Part III only with the consent of both the prosecutor and the defendant.

Limited use of certain electronic methods

(4) Attendance by audio conference or telephone conference may only be used for the purpose of,

(a) attending a pre-trial conference;

(b) attending a meeting between the defendant and the prosecutor under section 5.1; or

(c) attending or appearing at any other proceeding or step in a proceeding determined by the regulations.

Appearance in person

(5) The court may order any person described in subsection (2) to appear in person if it is satisfied that the interests of justice require it or it is necessary for a fair trial.

Oaths

(6) Despite the Commissioners for taking Affidavits Act , where evidence is given under oath by electronic method, the oath may be administered by the same electronic method.

Regulations

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

(a) respecting the conditions for using any electronic method, including the degree of any remoteness required;

(b) determining proceedings where attendance or appearance may be made by electronic method;

(c) requiring the payment of fees for using electronic methods, fixing the amounts of the fees, and prescribing the circumstances in which and the conditions under which a justice or another person designated in the regulations may waive the payment of a fee.

(49) Section 83.1 of the Act, as re-enacted by subsection (47), is amended by adding the following subsection:

Attendance by justice

(3.1) A justice may attend and conduct a sentencing hearing under sections 5.1 and 7 and any other proceeding or any step in a proceeding determined by the regulations, by means of electronic method, if the appropriate equipment is available at the courthouse where the proceeding occurs, and the justice may,

(a) adjourn the sentencing hearing to have the defendant appear in person before the justice for the purpose of ensuring that the defendant understands the plea; and

(b) adjourn any other proceeding or step in a proceeding determined by the regulations if he or she is satisfied that the interests of justice require it or it is necessary for a fair trial.

(50) Section 85 of the Act is repealed and the following substituted:

Extension of time

85. (1) Subject to this section, the court may extend any time fixed by this Act, by the regulations made under this Act or the rules of court for doing any thing other than commencing or recommencing a proceeding, whether or not the time has expired.

Limit on number of applications

(2) No more than one application for an extension of the time for filing of an appeal may be made in respect of a conviction.

Exception for commencing parking proceeding

(3) A justice may extend the time for commencing a parking proceeding where the court is unable to obtain proof of ownership of the vehicle or to send a notice of impending conviction to the defendant within that time because of extraordinary circumstances, including labour disputes and disruptions of postal services, power services and technological facilities.

(51) Section 87 of the Act is repealed and the following substituted:

Delivery

87. (1) Any notice or document required or authorized to be given or delivered under this Act or the rules of court is sufficiently given or delivered if,

(a) delivered personally or by mail;

(b) delivered in accordance with a method provided by this Act or the regulations; or

(c) delivered in accordance with a method provided under any other Act or prescribed by the rules of court.

Same

(2) Where a notice or document that is required or authorized to be given or delivered to a person under this Act is mailed to the person at the person's last known address appearing on the records of the court in the proceeding, there is a rebuttable presumption that the notice or document is delivered to the person.

Regulations

(3) The Lieutenant Governor in Council may make regulations respecting the method of delivery for any notice or document, including additional electronic methods, for the purposes of this Act.

(52) Section 111 of the Act is amended by adding the following subsection:

Simultaneous applications

(3) A defendant may file an application to waive compliance with subsection (1) at the same time as the notice of appeal.

(53) Section 111 of the Act is amended by adding the following subsection:

Role of prosecutor

(4) The defendant shall give the prosecutor notice of any application to waive compliance with subsection (1) and the prosecutor shall have an opportunity to make submissions in the public interest in respect of the application.

(54) Subsection 116 (1) of the Act is repealed and the following substituted:

Appeals, proceedings commenced by information

(1) Where a proceeding is commenced by information under Part III, the defendant or the prosecutor or the Attorney General by way of intervention may appeal from,

(a) a conviction;

(b) a dismissal;

(c) a finding as to ability, because of mental disorder, to conduct a defence;

(d) a sentence; or

(e) any other order as to costs.

(55) Section 116 of the Act is amended by adding the following subsection:

Simultaneous application

(4) Despite subsection (3), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal.

(56) Subsection 117 (1) of the Act is amended by adding the following clause:

(a.1) amend the information, unless it is of the opinion that the defendant has been misled or prejudiced in his or her defence or appeal;

(57) Subsection 135 (2) of the Act is amended by striking out "fifteen" and substituting "30".

(58) Section 135 of the Act is amended by adding the following subsection:

Simultaneous application

(2.1) Despite subsection (2), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal.

(59) Section 137 of the Act is amended by adding the following subsections:

Dismissal by justice

(2) Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed.

Motion to restore

(3) A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored.

(60) Subsection 141 (5) of the Act is repealed.

(61) Section 159 of the Act is amended by adding the following subsection:

Detention pending appeal, etc.

(1.0.1) A direction to return seized items does not take effect for 30 days and does not take effect during any application made or appeal taken in respect of the thing.

(62) Subsection 165 (9) of the Act is repealed and the following substituted:

No other charge

(9) The municipality shall not collect any other charge for acting under a transfer agreement, except in accordance with section 304 of the Municipal Act, 2001 or section 240 of the City of Toronto Act, 2006 or with the Attorney General's advance written consent.

City of Toronto Act, 2006

2. The City of Toronto Act, 2006 is amended by adding the following section:

Unpaid fines

381.1 The treasurer of the City may add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial Offences Act to the tax roll for any property in the City for which all of the owners are responsible for paying the fine and collect it in the same manner as municipal taxes.

Highway Traffic Act

3. (1) Subsection 205.17 (2) of the Highway Traffic Act is amended by striking out "5.2".

(2) Subsection 205.17 (2) of the Act is amended by striking out "6".

(3) Subsection 205.19 (1) of the Act is repealed and the following substituted:

Deemed not to dispute charge

(1) A defendant is deemed to not wish to dispute the charge where,

(a) at least 15 days have elapsed after the defendant was served with the offence notice and the defendant did not give notice of intention to appear under section 5 of the Provincial Offences Act, did not request a meeting with the prosecutor in accordance with section 5.1 of that Act and did not plead guilty under section 7 or 8 of that Act;

(b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 of the Provincial Offences Act but did not attend the scheduled meeting with the prosecutor; or

(c) the defendant reached an agreement with the prosecutor under subsection 5.1 (7) of the Provincial Offences Act but did not appear at a sentencing hearing with a justice under subsection 5.1 (9) of that Act.

(4) Subsection 205.23 (1) of the Act is amended by adding "or for a meeting under section 5.1 of the Provincial Offences Act" after "for a hearing".

Municipal Act, 2001

4. The Municipal Act, 2001 is amended by adding the following section:

Unpaid fines

441.1 Upon the request of a municipality that has entered into a transfer agreement under Part X of the Provincial Offences Act , the treasurer of a local municipality may add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial Offences Act to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the fine and collect it in the same manner as municipal taxes.

Commencement

Commencement

5. (1) Subject to subsections (2), (3) and (4), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

(2) Subsections 1 (37), (48), (53) and (61) and sections 2 and 4 come into force six months after the day the Good Government Act, 2009 receives Royal Assent.

(3) Subsections 1 (28) and (30) come into force one year after the day the Good Government Act, 2009 receives Royal Assent.

(4) Subsections 1 (5), (6), (8), (9), (11), (13), (16), (20), (22), (25), (26), (29), (31), (40), (41), (45), (46), (47) and (49) and subsections 3 (1), (3) and (4) come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 5
Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

Purpose and Interpretation

Purpose

1. The purpose of this Act is to ensure that adjudicative tribunals are accountable, transparent and efficient in their operations while remaining independent in their decision-making.

Definitions

2. In this Act,

"adjudicative tribunal" means an agency, board, commission, corporation or other entity that is prescribed; (" tribunal décisionnel ")

"governance accountability documents" means the memorandum of understanding, business plan and annual report required by sections 11, 12 and 13, respectively; (" documents de responsabilisation en matière de gouvernance ")

"prescribed" means prescribed by regulations made under this Act; (" prescrit ")

"public accountability documents" means the mandate and mission statement, consultation policy, service standard policy, ethics plan and member accountability framework required by sections 3, 4, 5, 6 and 7, respectively; (" documents de responsabilisation à l'égard du public ")

"responsible minister", in relation to an adjudicative tribunal, means the minister of the Crown who is responsible to the Assembly for the tribunal. (" ministre responsable ")

Public Accountability Documents

Mandate and mission statement

3. (1) Every adjudicative tribunal shall develop a mandate and mission statement.

Contents

(2) The mandate and mission statement must contain,

(a) a statement of the tribunal's legislative mandate, with reference to the Act that establishes its mandate and to any Act or Acts that add to its mandate;

(b) the tribunal's mission statement; and

(c) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Approval

(3) The mandate and mission statement must be approved by the tribunal's responsible minister.

Consultation policy

4. (1) Every adjudicative tribunal shall develop a consultation policy.

Contents

(2) The consultation policy must describe whether and how the tribunal will consult with the public when it is considering changes to its rules or policies, including consultation with any persons, entities or groups of persons or entities whose interests, in the opinion of the tribunal's chair, would be affected by those changes.

Same

(3) The consultation policy must contain any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Approval

(4) The consultation policy must be approved by the tribunal's responsible minister.

Service standard policy

5. (1) Every adjudicative tribunal shall develop a service standard policy.

Contents

(2) The service standard policy must contain,

(a) a statement of the standards of service that the tribunal intends to provide;

(b) a process for making, reviewing and responding to complaints about the service provided by the tribunal; and

(c) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Approval

(3) The service standard policy must be approved by the tribunal's responsible minister.

Relationship to other remedies

(4) Nothing in the service standard policy shall be interpreted as affecting,

(a) a process or remedy available under the Ombudsman Act ;

(b) a right of appeal from decisions of the tribunal available under any Act; or

(c) a right to bring an application for judicial review.

Ethics plan

6. (1) Every adjudicative tribunal shall develop an ethics plan.

Contents

(2) The contents of the ethics plan shall be prescribed and must also include any matter specified in a directive of the Management Board of Cabinet.

Approval

(3) The ethics plan must be approved by the Conflict of Interest Commissioner appointed under the Public Service of Ontario Act, 2006 .

Conflict with Public Service of Ontario Act, 2006

(4) In the event of any conflict between an adjudicative tribunal's ethics plan and the conflict of interest rules made under the Public Service of Ontario Act, 2006 that apply to the tribunal, the conflict of interest rules prevail.

Member accountability framework

7. (1) Every adjudicative tribunal shall develop a member accountability framework.

Contents

(2) The member accountability framework must contain,

(a) a description of the functions of the members, the chair and the vice-chairs, if any, of the tribunal;

(b) a description of the skills, knowledge, experience, other attributes and specific qualifications required of a person to be appointed as a member of the tribunal;

(c) a code of conduct for the members of the tribunal; and

(d) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Approval

(3) The member accountability framework must be approved by the tribunal's responsible minister.

Publication, Amendment and Review of Public Accountability Documents

Publication of public accountability documents

8. Every adjudicative tribunal shall make its public accountability documents, approved as required by section 3, 4, 5, 6 or 7, as the case may be, available to the public.

Amendments to public accountability documents

9. An adjudicative tribunal may amend its public accountability documents, and the person required to approve the original document is also required to approve any amendment to the document.

Review of public accountability documents

10. Every adjudicative tribunal shall review its public accountability documents to determine whether they require amendment every three years after their initial publication.

Governance Accountability Documents

Memorandum of understanding

11. (1) Every adjudicative tribunal shall enter into a memorandum of understanding with its responsible minister.

Contents

(2) The memorandum of understanding must address,

(a) the financial, staffing and administrative arrangements for the tribunal;

(b) the accountability relationships of the tribunal, including its duty to account to its responsible minister;

(c) the recruitment, orientation and training of the tribunal's members;

(d) the committee structure of the tribunal, if any;

(e) the tribunal's planning and reporting requirements; and

(f) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Expiry

(3) The memorandum of understanding expires five years after the day it is entered into, and may be renewed before that day for another five years.

Review

(4) The tribunal and its responsible minister shall review the memorandum of understanding after there is a change in the responsible minister or the chair of the tribunal, and, in any event, at least once before it expires.

Continuation of expired memorandum

(5) A memorandum of understanding that has expired continues in effect, despite its expiry, until it is renewed or replaced.

Publication

(6) The tribunal's responsible minister shall make the memorandum of understanding available to the public.

Transition

(7) An adjudicative tribunal and its responsible minister may agree that a memorandum of understanding entered into by them before the day that subsection (1) becomes applicable to the tribunal and that is still in effect on that day is a memorandum of understanding entered into by them on the day subsection (1) becomes applicable to the tribunal for the purposes of this section.

Business plan

12. (1) Every adjudicative tribunal shall develop a business plan for a prescribed period of time.

Contents

(2) The contents of the business plan shall be prescribed and must also include any matter specified in a directive of the Management Board of Cabinet.

Approval

(3) The business plan must be approved by the tribunal's responsible minister.

Publication

(4) The tribunal shall make the business plan available to the public.

Annual report

13. (1) Every adjudicative tribunal shall prepare and give its responsible minister an annual report within 90 days after the end of its fiscal year.

Contents

(2) The annual report must contain,

(a) a report on the tribunal's activities, including recruitment activities, during the preceding fiscal year;

(b) a financial statement for the tribunal for the preceding fiscal year; and

(c) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Tabling in the Assembly

(3) The responsible minister shall submit the report to the Lieutenant Governor in Council and, within 60 days after the day the responsible minister receives the report, shall table the report in the Assembly.

Tribunal-specific Act prevails

(4) In the event of any conflict between this section and a provision of another Act respecting the tabling of an annual report by an adjudicative tribunal, the provision of the other Act prevails in the case of that tribunal.

Appointment to Adjudicative Tribunals

Adjudicative tribunal members to be selected by competitive, merit-based process

14. (1) The selection process for the appointment of members to an adjudicative tribunal shall be a competitive, merit-based process and the criteria to be applied in assessing candidates shall include the following:

1. Experience, knowledge or training in the subject matter and legal issues dealt with by the tribunal.

2. Aptitude for impartial adjudication.

3. Aptitude for applying alternative adjudicative practices and procedures that may be set out in the tribunal's rules.

Tribunal-specific qualifications

(2) If a member of an adjudicative tribunal is required by or under any other Act to possess specific qualifications, a person shall not be appointed to the tribunal unless he or she possesses those qualifications.

Publication

(3) The responsible minister of an adjudicative tribunal shall make public the recruitment process to select one or more persons to be appointed to the tribunal and in doing so shall specify,

(a) the steps intended to be taken in the recruitment process; and

(b) the skills, knowledge, experience, other attributes and specific qualifications required of a person to be appointed.

Chair to recommend appointments, reappointments

(4) No person shall be appointed or reappointed to an adjudicative tribunal unless the chair of the tribunal, after being consulted as to his or her assessment of the person's qualifications under subsections (1) and (2) and, in the case of a reappointment, of the member's performance of his or her duties on the tribunal, recommends that the person be appointed or reappointed.

Conflict with other Acts, regulations

(5) In the event of any conflict between this section and a provision of another Act or of a regulation made under another Act respecting the appointment of members of an adjudicative tribunal, the provision of the other Act or regulation prevails.

Tribunal Clustering

Designation of clusters

15. The Lieutenant Governor in Council may by regulation designate two or more adjudicative tribunals as a cluster if, in the opinion of the Lieutenant Governor in Council, the matters that the tribunals deal with are such that they can operate more effectively and efficiently as part of a cluster than alone.

Governance structure of clusters

Executive chair

16. (1) The Lieutenant Governor in Council may appoint an executive chair to be responsible for all of the adjudicative tribunals included in a cluster.

Associate chairs

(2) The Lieutenant Governor in Council may appoint an associate chair for each adjudicative tribunal that is included in a cluster.

Alternate executive chairs

(3) The Lieutenant Governor in Council may appoint one or more of the associate chairs as alternate executive chairs of the cluster, and an alternate executive chair shall act in the place of the executive chair if the executive chair is unable to act or if the position of executive chair is vacant.

Vice-chairs

(4) The Lieutenant Governor in Council may appoint one or more vice-chairs for each adjudicative tribunal that is included in a cluster, and a vice-chair shall act in the place of the tribunal's associate chair if the associate chair is unable to act or if the position of associate chair is vacant.

Chairs must be members of tribunals

(5) The executive chair and each alternate executive chair must also be members of each of the adjudicative tribunals in the cluster and the associate chair and each vice-chair must also be members of the tribunal to which they are appointed as associate chair and vice-chair.

Powers, duties, etc., of executive chair

17. (1) The executive chair shall have the powers, duties and functions assigned to the chair of each adjudicative tribunal that is included in the cluster by this or any other Act or by any regulation, order-in-council or ministerial or Management Board of Cabinet directive.

Delegation

(2) The executive chair may delegate to an associate chair or vice-chair of an adjudicative tribunal that is included in the cluster any power, duty or function, except a power, duty or function he or she may have as an ethics executive under the Public Service of Ontario Act, 2006.

Protection from liability

(3) The executive chair, alternate executive chair and associate chair of an adjudicative tribunal that is included in a cluster shall be entitled to the same protection from liability as the chair of the tribunal.

Same

(4) The vice-chairs and members of an adjudicative tribunal that is included in a cluster shall be entitled to the same protection from liability as the members of the tribunal.

Crown liability

(5) Any provision in another Act that addresses the Crown's liability for the actions or omissions of an adjudicative tribunal that is included in a cluster or of a chair, vice-chair or member of an adjudicative tribunal that is included in a cluster applies with necessary modifications to the adjudicative tribunal.

References to chair in other Acts, etc.

(6) Except as provided in a regulation made under this Act, any reference in this or any other Act or a regulation to the chair of an adjudicative tribunal that is included in a cluster shall be read as a reference to the tribunal's executive chair.

Joint accountability documents

18. (1) All the adjudicative tribunals included in a cluster shall jointly develop, prepare or enter into, as the case may be, the public accountability documents and governance accountability documents required by this Act.

Same

(2) Section 3, 4, 5, 6 or 7, as the case may be, and sections 8, 9 and 10 apply with necessary modifications to any public accountability document jointly developed by all the adjudicative tribunals in a cluster.

Same

(3) Section 11, 12 or 13, as the case may be, applies with necessary modifications to any governance accountability document jointly developed, prepared or entered into, as the case may be, by all the adjudicative tribunals in a cluster.

This Act prevails re governance of clusters

19. In the event of any conflict between section 16 or 17 and a provision of another Act or a regulation respecting the governance of an adjudicative tribunal that is included in a cluster, section 16 or 17 prevails.

General Matters

Chair is responsible for tribunals

20. (1) The chair of an adjudicative tribunal is responsible for ensuring that the tribunal performs the duties and functions required of it under this or any other Act and that it is in compliance with any other Act or any regulation applicable to it.

Effect of failure to comply

(2) Any failure of an adjudicative tribunal or its chair to comply with this Act does not affect the validity of any action taken or decision made by the tribunal or the chair.

Review of tribunals

21. (1) An adjudicative tribunal's responsible minister shall direct a public servant employed under Part III of the Public Service of Ontario Act, 2006 or any other person to conduct a review of the adjudicative tribunal at least once every six years.

Matters for review

(2) The review required by subsection (1) must address,

(a) the tribunal's mandate and whether it continues to be relevant;

(b) the functions performed by the tribunal, and whether they are best performed by the tribunal or whether they would be better performed by another entity;

(c) the tribunal's governance structure and management systems, and whether they continue to be appropriate to its mandate and functions;

(d) the tribunal's financial and human resources and its financial and information systems;

(e) the tribunal's business planning, performance measurement and reporting practices;

(f) whether the tribunal has effective processes in place to ensure its compliance with any applicable Act, regulation or directive of the Management Board of Cabinet;

(g) whether the tribunal is effective in achieving its mandate and serving the public;

(h) whether changes should be made to the tribunal or whether the tribunal should be discontinued; and

(i) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Additional reviews

(3) An adjudicative tribunal's responsible minister may at any time direct a public servant employed under Part III of the Public Service of Ontario Act, 2006 or any other person to conduct a review of the adjudicative tribunal in respect of any of the matters listed in subsection (2).

Protection of personal information

(4) Nothing in this section authorizes a person conducting a review under subsection (1) or subsection (3) to collect, or an adjudicative tribunal to disclose to such person, any information that is personal information within the meaning of the Freedom of Information and Protection of Privacy Act or personal health information within the meaning of the Personal Health Information Protection Act, 2004.

Application of Public Service of Ontario Act, 2006 , Management Board of Cabinet Act

22. Nothing in this Act affects any obligation or requirement imposed by or under the Public Service of Ontario Act, 2006 or the Management Board of Cabinet Act on a person who is appointed as a chair, vice-chair or member of an adjudicative tribunal.

Regulations

Regulations

23. The Lieutenant Governor in Council may make regulations,

(a) prescribing agencies, boards, commissions, corporations or other entities for the purpose of the definition of "adjudicative tribunal" in section 2;

(b) prescribing the contents of the ethics plan required by section 6;

(c) prescribing a period of time for the purpose of subsection 12 (1) and the contents of the business plan required by section 12;

(d) governing the publication of the recruitment process required by subsection 14 (3);

(e) respecting the waiver of any requirement set out in section 14, including waiving any such requirement;

(f) prescribing references in this or any other Act or in a regulation to the chair of an adjudicative tribunal that are to be read other than as described in subsection 17 (6) and prescribing how such references shall be read in relation to the adjudicative tribunal that is included in a cluster;

(g) prescribing other matters to be addressed in a review of an adjudicative tribunal required by section 21;

(h) prescribing other matters to be addressed or included in any public accountability document or governance accountability document;

(i) prescribing the date by or time within which an adjudicative tribunal must comply with any provision or requirement of this Act or of a regulation made under this Act respecting a public accountability document or governance accountability document;

(j) prescribing the form and format of any public accountability document or governance accountability document;

(k) governing the publication of the public accountability documents or governance accountability documents or of the review required by section 21.

Commencement and Short Title

Commencement

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

Short title

25. The short title of the Act set out in this Schedule is the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 .

Schedule 6
Public Inquiries Act, 2009

CONTENTS
Purpose and Interpretation
1. 2.	Purpose Definitions
Establishing a Commission
3. 4.	Commission Joint commission
Duties and Powers of a Commission
5. 6. 7.	Duties of commission Commission activities Power to make rules
Information and Evidence
8. 9. 10. 11. 12.	Admissible information Matters to be relied on Power to compel witnesses and disclosure Appearance fees and expenses Deemed undertaking
Search Powers
13.	Application for search warrant
Hearings
14.	Holding a hearing
Participation at a Public Inquiry
15.	Determination of participation
Protection of Participants and Witnesses
16. 17. 18.	Immunities Rights of persons before misconduct found No intimidation by employer
Disclosure by the Crown
19.	Privilege not waived
Report of Commission
20.	Commission's report
Languages
21.	Languages of order
Protection of the Commission
22. 23. 24.	Protection against compulsion Protection from action Review of decisions
Financial and Administrative Matters
25. 26. 27.	Commission budget Commission staff Administrative information
Enforcement of Process
28. 29. 30.	Power to maintain order Failure to comply with order Contempt proceedings
Records
31.	Power to record hearings
Transitional Matters
32.	Continuation of inquiries under former Act
Procedures under Other Acts
33. 34.	Former Part II inquiries Special procedure under other Acts
Penalties
35.	Penalties
Regulations
36.	Regulations
Repeal and Consequential Amendments
37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91.	Repeal AgriCorp Act, 1996 Architects Act Archives and Recordkeeping Act, 2006 Athletics Control Act Auditor General Act Building Code Act, 1992 Charities Accounting Act Child and Family Services Act City of Toronto Act, 2006 Community Small Business Investment Funds Act Condominium Act, 1998 Corporations Tax Act Courts of Justice Act Drug and Pharmacies Regulation Act Early Childhood Educators Act, 2007 Education Act Election Act Election Finances Act Electoral System Referendum Act, 2007 Environmental Bill of Rights, 1993 Farm Products Marketing Act Fire Protection and Prevention Act, 1997 French Language Services Act Health Insurance Act Health Protection and Promotion Act Hospital and Charitable Institutions Inquiries Act Law Society Act Livestock, Poultry and Honey Bee Protection Act Members' Integrity Act, 1994 Milk Act Ministry of Consumer and Business Services Act Ministry of Correctional Services Act Ministry of Labour Act Motor Vehicle Dealers Act Municipal Act, 2001 Municipal Affairs Act Municipal Elections Act, 1996 Niagara Escarpment Planning and Development Act Ontario College of Teachers Act, 1996 Ontario Energy Board Act, 1998 Police Services Act Professional Engineers Act Professional Foresters Act, 2000 Public Guardian and Trustee Act Registered Insurance Brokers Act Registry Act Regulated Health Professions Act, 1991 Retail Sales Tax Act Social Work and Social Service Work Act, 1998 Statutory Powers Procedure Act Surveyors Act Surveys Act Veterinarians Act Workplace Safety and Insurance Act, 1997
Commencement and Short Title
92. 93.	Commencement Short title
______________

Purpose and Interpretation

Purpose

1. The purpose of this Act is to establish an effective and accountable process for public inquiries where there is a public interest to,

(a) independently inquire into facts or matters;

(b) make recommendations regarding those facts or matters.

Definitions

2. In this Act,

"commission" means a commission, including a joint commission, established under section 3; ("commission")

"commissioner" means a commissioner appointed under section 3; ("commissaire")

"Minister" means the Attorney General or such other Minister as may be made responsible for a public inquiry in the order under section 3; ("ministre")

"public inquiry" means a public inquiry conducted by a commission under this Act, but does not include an inquiry or other proceeding under section 33 or 34; ("enquête publique")

"witness" means a person who gives testimony or provides information, a document or thing in a public inquiry. ("témoin")

Establishing a Commission

Commission

3. (1) The Lieutenant Governor in Council may by order establish a commission to conduct a public inquiry into a matter that the Lieutenant Governor in Council considers to be in the public interest.

Preliminary recommendations

(2) If there are matters to be determined before a public inquiry is commenced, the Lieutenant Governor in Council may, by order, appoint a person to make recommendations on how the public inquiry should be conducted, including the commission's terms of reference and other matters as may be appropriate.

Content of order

(3) The Lieutenant Governor in Council shall, in the order establishing a commission,

(a) appoint one or more persons as commissioners and, if more than one commissioner is appointed, assign roles and responsibilities to the commissioners;

(b) set out the terms of reference for the public inquiry;

(c) set out any special provisions respecting the manner in which the public inquiry is to proceed;

(d) fix the date for the delivery of the commission's report;

(e) provide for any matters required if an agreement is made under section 4 to establish a joint commission; and

(f) if the Attorney General is not to be responsible for the public inquiry, designate the Minister who is to be responsible.

Resignation

(4) A person appointed under this Act may resign by giving written notice to the Lieutenant Governor in Council.

Joint commission

4. The Lieutenant Governor in Council may enter into an agreement with the governments of one or more other jurisdictions about jointly establishing a commission and how the public inquiry is to be conducted by the joint commission.

Duties and Powers of a Commission

Duties of commission

5. A commission shall,

(a) conduct its public inquiry faithfully, honestly and impartially in accordance with its terms of reference;

(b) ensure that its public inquiry is conducted effectively, expeditiously, and in accordance with the principle of proportionality; and

(c) ensure that it is financially responsible and operates within its budget.

Commission activities

6. Subject to the order establishing it, a commission may engage in any activity appropriate to fulfilling its duties, including,

(a) conducting research and collecting information, including conducting interviews and undertaking surveys;

(b) consulting, in private or in public, with persons or groups, including consulting prior to making its rules or determining who may participate in the public inquiry;

(c) consulting with the general public;

(d) receiving oral and written submissions; and

(e) holding public hearings.

Power to make rules

7. (1) Subject to this Act and the order establishing it, a commission has the power to control its own processes and may make rules governing its practice and procedure.

Examples of rules

(2) As examples of matters that may be dealt with in rules made under subsection (1), a commission may make rules with respect to the following:

1. The scheduling of activities for the conduct of the public inquiry, including dividing the public inquiry into phases or parts.

2. Processes for determining who may participate in the public inquiry and the scope of any participation in the public inquiry.

3. Time limits applicable to any of its proceedings and the extension or abridgement of time limits applicable to any of its proceedings.

4. The service of notices and other documents.

5. Adjournments.

6. The transcription and recording of meetings and hearings.

7. The collection, submission and receipt of information.

8. Processes for determining any privilege claimed in respect of information.

9. Fees and expenses payable to witnesses and participants.

Rules for different persons or classes of persons

(3) A commission may, for different persons or different classes of persons,

(a) make different rules; and

(b) waive or modify the application of one or more of its rules.

Rules publicly available

(4) A commission shall ensure that its rules are made available to the public.

Exemption under Legislation Act, 2006

(5) Part III (Regulations) of the Legislation Act, 2006 does not apply to rules made by a commission.

Information and Evidence

Admissible information

8. (1) A commission may collect and receive information that it considers relevant and appropriate, whether or not the information would be admissible in a court and in whatever form the information takes, and may accept the information as evidence at the public inquiry.

Exclusion of information

(2) A commission may exclude information that the commission considers is unduly repetitious or does not meet such standards of proof as are commonly relied on by reasonably prudent persons in the conduct of their affairs.

Privilege preserved

(3) Despite subsection (1), no information may be received and accepted by a commission that would be inadmissible in a court by reason of any privilege under the law of evidence.

Matters to be relied on

9. (1) Subject to section 8, a commission shall, as much as practicable and appropriate, refer to and rely on,

(a) any public transcript or record of any proceeding before any court or statutory tribunal;

(b) any medical, professional, social science and background information related to the subject matter of the public inquiry;

(c) any existing records or reports relevant to the subject matter of the public inquiry;

(d) any agreed statements of facts prepared by commission counsel or the participants;

(e) the testimony of a representative witness of a participant in the public inquiry; and

(f) any other document or information, if referral to and reliance on the document or information would promote the efficient and expeditious conduct of the public inquiry.

Same

(2) A commission may rely on a record or report in lieu of calling witnesses.

Reliance on other commissioner's decision or information

(3) Subject to the order establishing the commission, where more than one commissioner is appointed or a commissioner is replaced, a commissioner may rely on any decision made and information collected or received by any former or current commissioner.

Power to compel witnesses and disclosure

10. (1) A commission may serve a summons requiring a person to,

(a) attend the public inquiry, in person or by electronic means, to provide testimony on oath or affirmation or in another manner; and

(b) produce for the public inquiry any information, document or thing under the person's power or control.

Attendance not necessary

(2) In requiring production under clause (1) (b), the commission may or may not require that a person attend with the information, document or thing.

Confidential information

(3) Subject to the order establishing it and despite any other Act, a commission may require the provision or production of information that is considered confidential or inadmissible under another Act or a regulation and that information shall be disclosed to the commission for the purposes of the public inquiry.

Protection of confidential information

(4) A commission may impose conditions on the disclosure of information at a public inquiry to protect the confidentiality of that information.

Appearance fees and expenses

11. (1) A commission may,

(a) if a person is summoned to appear before the commission at the request of a participant, order the participant to pay appearance fees and expenses reasonably and necessarily incurred by the person summoned, other than fees and expenses incurred by the person in respect of legal representation, advice or services; and

(b) in any case, pay appearance fees and expenses reasonably and necessarily incurred by a person summoned to appear before the commission, other than fees and expenses incurred by the person in respect of legal representation, advice or services.

Apportioning fees and expenses

(2) A commission may apportion fees and expenses under subsection (1) between two or more participants or between one or more participants and the commission.

Deemed undertaking

12. (1) Subject to this section, all participants and their lawyers or agents are deemed to undertake not to use information obtained from another participant or collected or received by the commission for any purpose other than that of the public inquiry in which it was obtained.

Exceptions

(2) Subsection (1) does not prohibit the following:

1. A use to which the person who disclosed the information consents.

2. The use, for any purpose, of information that is disclosed to the public.

3. The use, for any purpose, of information that is provided or referred to during a hearing.

4. The use, for any purpose, of information obtained from information referred to in paragraph 2 or 3.

5. The use of information to impeach the testimony of a person in another proceeding or for a prosecution for perjury in respect of that testimony.

Court order

(3) If satisfied that the interests of justice outweigh any prejudice that would result to a party who disclosed evidence, a court may order that subsection (1) does not apply to the information, and may impose such terms and give such directions as are just.

Search Powers

Application for search warrant

13. (1) Where authorized in the order establishing the commission, a commission may apply, or authorize a person to apply, to a justice of the peace for a warrant to enter a place and conduct a search of the place, if there are reasonable grounds for believing that there are in any building, receptacle or place, including a dwelling house, any documents or things relevant to the subject matter of the public inquiry.

Same

(2) Upon application under subsection (1), a justice of the peace may issue a warrant, if he or she is satisfied on information under oath or affirmation that the warrant is necessary for the purposes specified in the application.

Powers

(3) The warrant may authorize a peace officer or person named in the warrant, upon producing the warrant and identification,

(a) to enter any place specified in the warrant, including a dwelling house; and

(b) to do any of the things specified in the warrant.

Conditions on search warrant

(4) The warrant shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Time of execution

(5) Any entry under the warrant shall be made at such reasonable times as may be specified in the warrant.

Expiry of warrant

(6) The warrant shall expire on the date of expiry specified in the warrant, which shall be no later than 15 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 15 days, upon application without notice by the person named in the warrant.

Use of force

(7) The person authorized to execute the warrant may call upon peace officers for assistance in executing the warrant and a peace officer may use whatever force is reasonably necessary to execute the warrant.

Obligation to produce and assist

(8) On request by a peace officer or the person authorized to execute the warrant, a person shall produce all documents or things required under the warrant and provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a document in readable form.

Return of removed things

(9) A person executing a warrant who removes any document or thing from a place shall,

(a) make it available to the person from whom it was removed, on request, at a time and place convenient for both that person and the person authorized to execute the warrant; and

(b) return it to the person from whom it was removed within a reasonable time.

Obstruction prohibited

(10) No person shall obstruct or hinder a person in the execution of a warrant issued under this section.

Hearings

Holding a hearing

14. (1) A commission shall hold a hearing during the public inquiry only if authorized in the order establishing the commission.

Hearings open to the public

(2) Subject to subsection (3), a commission that is conducting a hearing shall,

(a) give reasonable advance notice to the public of the schedule and location of the hearing;

(b) ensure that the hearing is open to the public, either in person or by electronic means; and

(c) give the public access to the information collected or received in the hearing.

Exclusion of public

(3) A commission may exclude the public from all or part of a hearing or take other measures to prevent the disclosure of information if it decides that the public's interest in the public inquiry or the information to be disclosed in the public inquiry is outweighed by the need to prevent the disclosure of information that could reasonably be expected to be injurious to,

(a) the administration of justice;

(b) law enforcement;

(c) national security; or

(d) a person's privacy, security or financial interest.

Limitations on examinations

(4) A commission may reasonably limit examination and cross-examination of a witness where the commission is satisfied that it has been sufficient to disclose fully and fairly the facts in relation to which the witness has given evidence.

Participation at a Public Inquiry

Determination of participation

15. (1) Subject to the order establishing the commission, a commission shall determine,

(a) whether a person can participate in the public inquiry;

(b) the manner and scope of the participation of different participants or different classes of participants;

(c) the rights and responsibilities, if any, of different participants or different classes of participants; and

(d) any limits or conditions on the participation of different participants or different classes of participants.

Considerations

(2) Before making a decision under subsection (1), the commission shall consider,

(a) whether a person has a substantial and direct interest in the subject matter of the public inquiry;

(b) whether a person is likely to be notified of a possible finding of misconduct under section 17;

(c) whether a person's participation would further the conduct of the public inquiry; and

(d) whether a person's participation would contribute to the openness and fairness of the public inquiry.

Representation

(3) A person who is permitted to participate in a public inquiry,

(a) may participate on their own behalf;

(b) may be represented by a lawyer; or

(c) may, with the leave of the commission, be represented by an agent.

Protection of Participants and Witnesses

Immunities

16. Participants and witnesses,

(a) have the same immunities as a witness who appears before a court; and

(b) are considered to have objected to answering any question that may,

(i) incriminate him or her in a criminal proceeding, or

(ii) establish his or her liability in a civil proceeding.

Rights of persons before misconduct found

17. (1) A commission shall not find misconduct by a person unless,

(a) reasonable notice of the possible finding and a summary of the evidence supporting the possible finding have been given to that person; and

(b) the person has been given a reasonable opportunity to respond.

Representation

(2) Subsection 15 (3) applies with necessary modifications with respect to a person who has been given an opportunity to respond under subsection (1).

No intimidation by employer

18. (1) No employer, employers' organization or person acting on behalf of an employer or employers' organization shall,

(a) refuse to employ or continue to employ a person;

(b) threaten dismissal or otherwise threaten a person;

(c) discriminate against a person in regard to employment or a term or condition of employment; or

(d) intimidate or coerce or impose a pecuniary or other penalty on a person,

because of a belief that the person may provide information, a document or thing in a public inquiry or because the person has made or is about to make a disclosure that may be required in a public inquiry or has participated in or is about to participate in a public inquiry.

Application

(2) This section applies despite any other Act and the oath of office of a public servant sworn or affirmed under the Public Service of Ontario Act, 2006 is not breached where information is provided in a public inquiry.

Remedies

(3) An employee who believes that an employer, employers' organization or other person has contravened subsection (1) may,

(a) have the matter dealt with by final and binding settlement by arbitration under any applicable collective agreement;

(b) file a complaint with the Ontario Labour Relations Board; or

(c) have the matter dealt with under the Police Services Act , if the employee is subject to a rule or code of discipline under that Act.

Inquiry by Ontario Labour Relations Board

(4) The following apply if the employee files a complaint under clause (3) (b) with the Ontario Labour Relations Board:

1. The Ontario Labour Relations Board may inquire into the complaint, including a complaint by a public servant within the meaning of the Public Service of Ontario Act, 2006 .

2. The provisions of section 96, except subsection (5), and sections 104 to 109, 110, 111, 112, 114, 116 and 117 of the Labour Relations Act, 1995 apply to the complaint with all necessary modifications.

3. The employer, employers' organization or other person against whom the complaint is made has the burden of proving that he, she or it did not act contrary to subsection (1).

4. The Ontario Labour Relations Board may impose such penalty for a contravention of subsection (1) as the Board considers just and reasonable in all the circumstances, subject to any applicable contract of employment or collective agreement.

Disclosure by the Crown

Privilege not waived

19. (1) If the Government of Ontario discloses to a commission, either voluntarily or in response to a request, summons or search warrant, any information over which the Government asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purposes by the disclosure.

Disclosure not waiving privilege for other purposes

(2) If a commission determines that it is necessary to disclose information over which the Government of Ontario asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purposes by the disclosure.

Report of Commission

Commission's report

20. (1) A commission shall deliver its report in writing to the Minister on or before the date fixed in the order establishing the commission for the delivery of its report.

Interim report

(2) A commission may prepare and deliver an interim report if the commission considers it to be appropriate for the public inquiry.

Attachment of orders

(3) Each order made by the Lieutenant Governor in Council under this Act must be included in or appended to the commission's report.

Unfinished report

(4) If a commission does not for any reason deliver its report, the Minister may publish an