Bill 85, Strengthening and Improving Government Act, 2015

Meilleur, Hon Madeleine Attorney General

Current Status: Royal Assent received Chapter Number: S.O. 2015 C.27

Viewing: Royal Assent (current version) pdf

Bill 85                                                          2015

An Act to strengthen and improve government by amending or repealing various Acts

CONTENTS

 

1.

Contents of Act

2.

Commencement

3.

Short title

Schedule 1

Ministry of the Attorney General

Schedule 2

Ministry of Government and Consumer Services

Schedule 3

Ministry of Health and Long-Term Care

Schedule 4

Ministry of Labour

Schedule 5

Ministry of Municipal Affairs and Housing

Schedule 6

Ministry of Training, Colleges and Universities

Schedule 7

Ministry of Transportation

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

Contents of Act

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

Commencement

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

Schedules

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

Different dates for same Schedule

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

Short title

   3.  The short title of this Act is the Strengthening and Improving Government Act, 2015.

Schedule 1
Ministry of the Attorney General

Courts of Justice Act

   1.  (1)  The French version of subsection 14 (7) of the Courts of Justice Act is amended by striking out “l’assignation” and substituting “à l’assignation”.

   (2)  Paragraph 1 of the Schedule to section 21.8 of the Act is amended by adding the following:

         Civil Marriage Act (Canada)

.     .     .     .     .

         Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada)

   (3)  The Schedule to section 21.8 of the Act is amended by adding the following paragraphs:

    6.  Proceedings under First Nation laws made under,

            i.  the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada), or

           ii.  the First Nations Land Management Act (Canada), with respect to the effect of relationship breakdown on matrimonial real property.

    7.  Any other family law proceedings that may be prescribed by the regulations.

   (4)  Subsection 32 (10) of the Act is amended by striking out “the day subsection 20 (11) of Schedule 2 to the Good Government Act, 2009 comes into force” and substituting “December 15, 2009”.

   (5)  Section 35 of the Act is amended by adding the following clause:

(b.1) the Senior Advisory Family Judge of the Ontario Court of Justice appointed under subsection 42 (6.2);

   (6)  Subsections 36 (5) and (6) of the Act are repealed and the following substituted:

Senior Advisory Family Judge

   (5)  The Senior Advisory Family Judge of the Ontario Court of Justice shall,

  (a)  advise the Chief Justice of the Ontario Court of Justice with regard to,

           (i)  the education of judges with respect to family law matters, and

          (ii)  practices, procedures and programs relating to family law matters;

  (b)  preside over the Ontario Court of Justice Advisory Committee on Family Law;

   (c)  attend such meetings as the Chief Justice directs; and

  (d)  perform other duties respecting family law matters assigned to the Senior Advisory Family Judge by the Chief Justice.

Absence of regional senior judge or Senior Advisory Family Judge

   (6)  The powers and duties of a regional senior judge of the Ontario Court of Justice or of the Senior Advisory Family Judge when he or she is absent from Ontario or is for any reason unable to act shall be exercised and performed by a judge of the Ontario Court of Justice designated by the Chief Justice of the Ontario Court of Justice.

Meetings

   (7)  The Chief Justice of the Ontario Court of Justice may hold meetings with the associate chief justices, the regional senior judges of the Ontario Court of Justice and the Senior Advisory Family Judge in order to consider any matters concerning sittings of the Ontario Court of Justice and the assignment of its judicial duties.

   (7)  Section 42 of the Act is amended by adding the following subsections:

Senior Advisory Family Judge

   (6.2)  The Chief Justice of the Ontario Court of Justice may appoint a provincial judge to be the Senior Advisory Family Judge of the Ontario Court of Justice.

.     .     .     .     .

Same

   (7.2)  The Senior Advisory Family Judge holds office for three years.

.     .     .     .     .

Same

   (9.1)  The Senior Advisory Family Judge may be reappointed once, for a term of three years.

Transitional salary

   (9.2)  Until and subject to the determination of his or her salary by the Provincial Judges Remuneration Commission, the Senior Advisory Family Judge is entitled to receive as an annual salary the annual salary of a regional senior judge appointed on or after November 12, 2013.

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

  (d)  prescribing family law proceedings for the purposes of the Schedule to section 21.8;

   (9)  Clause 67 (2) (g) of the Act is repealed and the following substituted:

  (g)  the Senior Advisory Family Judge of the Ontario Court of Justice, and two other judges of the Ontario Court of Justice who shall be appointed by the Chief Justice of the Ontario Court of Justice;

   (10)  The French version of subsection 73 (1) of the Act is amended by striking out “Les registrateurs, greffiers” at the beginning and substituting “Les greffiers”.

   (11)  The French version of subsection 73 (2) of the Act is amended by striking out “un registrateur, greffier” and substituting “un greffier”.

   (12)  Subsection 86.1 (5.2) of the Act is repealed and the following substituted:

Annual reappointments

   (5.2)  A case management master who has reached the age of 65 may be reappointed by the Lieutenant Governor in Council, on the recommendation of the Chief Justice, for a one-year term, subject to subsection (5.3); if the Chief Justice so recommends, the Lieutenant Governor in Council shall reappoint the case management master.

   (13)  The definition of “judge” in subsection 123 (1) of the Act is repealed.

   (14)  Section 123 of the Act is amended by adding the following subsection:

Application

   (1.1)  This section also applies, with necessary modifications, in respect of deputy judges, masters and case management masters.

Family Law Act

   2.  (1)  Section 39 of the Family Law Act, as re-enacted by section 6 of Schedule 9 to the Building Opportunity and Securing Our Future Act (Budget Measures), 2014, is amended by adding the following subsection:

Ongoing disclosure of information

   (16)  Each party to a notice of calculation shall provide information, including income information, to the other party on an ongoing basis, in accordance with the regulations.

   (2)  Subsection 69 (5) of the Act, as enacted by subsection 10 (1) of Schedule 9 to the Building Opportunity and Securing Our Future Act (Budget Measures), 2014, is amended by adding the following clause:

(m)  respecting the production of information, including income information, by parties to a notice of calculation for the purposes of subsection 39 (16), and providing for enforcement procedures when that information is not provided.

Provincial Offences Act

   3.  (1)  Subsection 1 (1) of the Provincial Offences Act is amended by adding the following definition:

“electronic” and “electronically” have the meanings set out in the Electronic Commerce Act, 2000; (“électronique”, “par voie électronique”)

   (2)  Clause 20 (1) (e.1) of the Act is amended by striking out “18.1 (4), 18.1.1 (3) or 18.1.2 (2)” at the end and substituting “18.1 (4) or 18.1.1 (3)”.

   (3)  Clause 20 (1) (f) of the Act is repealed.

   (4)  The French version of subsection 66 (5) of the Act is amended by striking out “date d’échéance” and substituting “date d’exigibilité”.

   (5)  Section 76.1 of the Act is repealed and the following substituted:

Electronic court documents

   76.1  (1)  A document that is required or authorized to be filed, given or delivered to a court office or the clerk of the court under this Act may, in accordance with the regulations, be filed, given or delivered electronically.

Electronic signature

   (2)  An electronic document that is filed, given or delivered to a court office or the clerk of the court may be signed electronically in accordance with the regulations.

Electronic copy of paper original

   (3)  When a document is filed, given or delivered to a court office or the clerk of the court in paper form, the court may create and retain an electronic copy instead of the paper original.

Duty to ensure integrity

   (4)  A person who creates, retains or reproduces an electronic copy of a paper original for the purposes of subsection (3) shall ensure the integrity of the information contained in the electronic copy.

Power to deal with electronic documents

   (5)  Anything that the court is required or authorized to do with respect to a document may be done with respect to an electronic document.

Delivery in person

   (6)  Nothing in this section limits the operation of a requirement to deliver a document personally or in person to a court office or the clerk of the court.

Regulations

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

  (a)  governing the electronic filing, giving and delivery of documents to a court office or the clerk of the court;

  (b)  respecting the electronic signing of electronic documents that are filed, given or delivered to a court office or the clerk of the court;

   (c)  governing the storage, retention and disposal of computer-readable media used to file, give or deliver documents to a court office or the clerk of the court;

  (d)  governing the creation, storage, retention, transfer, reproduction, distribution, disposal or use of electronic documents by the court;

  (e)  respecting the electronic signing or certification of electronic documents by the court.

   (6)  Subsection 87 (1) of the Act is amended by striking out “sufficiently” in the portion before clause (a).

   (7)  Section 87 of the Act is amended by adding the following subsection:

Exception, personal delivery

   (1.1)  Despite subsection (1), a notice or document shall be delivered personally if this Act or the rules of court require it to be given or delivered personally or in person.

   (8)  Subsection 87 (2) of the Act is repealed and the following substituted:

Rebuttable presumption, mail delivery

   (2)  If a notice or document that is 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 given or delivered to the person.

Rebuttable presumption, electronic delivery

   (2.1)  If a notice or document that is to be given or delivered to a person under this Act is delivered electronically, in accordance with a method provided by the regulations, to an email address or phone number that the person has provided for the purpose of receiving electronic notices or documents, there is a rebuttable presumption that the notice or document is given or delivered to the person.

Commencement

Commencement

   4.  (1)  Subject to subsections (2), (3) and (4), this Schedule comes into force on the day the Strengthening and Improving Government Act, 2015 receives Royal Assent.

Same

   (2)  Subsections 1 (5), (6) and (7) are deemed to have come into force on January 1, 2014.

Same

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

Same

   (4)  Subsections 3 (1), (5), (6), (7) and (8) come into force on the day that is six months after the day the Strengthening and Improving Government Act, 2015 receives Royal Assent.

Schedule 2
Ministry of Government and Consumer Services

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

Admissibility of certificates, etc.

   (1)  A certificate purporting to be issued under section 44 or a certified copy of a registration purporting to be issued under section 45 is admissible in any court in Ontario as proof, in the absence of evidence to the contrary, of the facts so certified if,

  (a)  it is signed by the Registrar General or Deputy Registrar General; or

  (b)  the signature of any person who is or who was, at any time, the Registrar General or Deputy Registrar General is reproduced on it by any method.

Same

   (1.1)  It is not necessary to prove the signature or official position of the person by whom the certificate or certified copy purports to be signed.

   (2)  Subsection 46 (2) of the Act is amended by striking out “Subsection (1) applies” at the beginning and substituting “Subsections (1) and (1.1) apply”.

Commencement

   2.  This Schedule comes into force on the day the Strengthening and Improving Government Act, 2015 receives Royal Assent.

schedule 3
ministry of health and long-term care

   1.  Section 12 of the Commitment to the Future of Medicare Act, 2004 is amended by adding the following subsection:

No liability

   (2.1)  No cause of action arises and no civil proceedings may be brought or maintained against a director, officer, member, employee or agent of the Ontario Medical Association for anything done in good faith with respect to,

  (a)  any agreement entered into between the Ontario Medical Association and the Minister of Health and Long-Term Care or the Crown in right of Ontario respecting,

           (i)  insured services under the Plan,

          (ii)  the amounts payable under the Plan in respect of the rendering of insured services to insured persons, or

         (iii)  other amounts payable to physicians by the Minister or the Crown; or

  (b)  any recommendation made to the Minister of Health and Long-Term Care or the Crown in right of Ontario concerning anything related to,

           (i)  insured services under the Plan,

          (ii)  the amounts payable under the Plan in respect of the rendering of insured services to insured persons, or

         (iii)  other amounts payable to physicians by the Minister or the Crown.

Commencement

   2.  This Schedule comes into force on the day the Strengthening and Improving Government Act, 2015 receives Royal Assent.

Schedule 4
Ministry of labour

Employment Standards Act, 2000

   1.  Subsection 125 (1) of the Employment Standards Act, 2000 is repealed and the following substituted:

Third party demand

   (1)  If an employer, director or other person is liable to make a payment under this Act and the Director believes or suspects that a person owes money to or is holding money for, or will within 365 days owe money to or hold money for the employer, director or other person, the Director may demand that the person pay all or part of the money that would otherwise be payable to the employer, director or other person to the Director in trust on account of the liability under this Act. 

Same, duration

   (1.1)  A demand made under subsection (1) remains in force for 365 days from the date the notice of the demand is served. 

Occupational Health and Safety Act

   2.  (1)  Clause 37 (1) (b) of the Occupational Health and Safety Act is amended by striking out “an unexpired material safety data sheet” and substituting “a current safety data sheet”.

   (2)  The following provisions of section 37 of the Act are amended by striking out “material safety data sheets” wherever that expression appears and substituting in each case “safety data sheets”:

    1.  Clause (1) (c).

    2.  Subsection (3).

   (3)  Subsection 37 (4) of the Act is amended by striking out “material safety data sheet” and substituting “safety data sheet”.

   (4)  Subsection 37 (5) of the Act is repealed.

   3.  (1)  Subsection 38 (1) of the Act is amended by striking out the portion before clause (a) and substituting:

Making safety data sheets available

   (1)  A copy of every current safety data sheet required by this Part in respect of hazardous materials in a workplace shall be,

.     .     .     .     .

   (2)  Section 38 of the Act is amended by adding the following subsection:

Additional requirement

   (1.1)  In addition to complying with subsection (1), the employer shall make a copy of a safety data sheet readily available to those workers who may be exposed to the hazardous material to which it relates.

   (3)  Subsection 38 (2) of the Act is amended by striking out “an unexpired material safety data sheet” at the end and substituting “a current safety data sheet”.

   (4)  Subsection 38 (3) of the Act is amended by striking out “material safety data sheet” and substituting “safety data sheet”.

   (5)  Subsections 38 (5) and (6) of the Act are repealed and the following substituted:

Electronic format

   (5)  For greater certainty, a copy of a safety data sheet in an electronic format is a copy for the purposes of this section.

Requirement to consult

   (6)  An employer shall consult with the committee and the health and safety representative, if any, on making safety data sheets available in the workplace or furnishing them as required by clauses (1) (a) and (b) and subsection (1.1).

   4.  (1)  Subsection 40 (1) of the Act is amended by striking out “with the claims board” in the portion before clause (a).

   (2)  The following provisions of subsection 40 (1) of the Act are amended by striking out “material safety data sheet” wherever that expression appears and substituting in each case “safety data sheet”:

    1.  Clause (a).

    2.  Clause (b).

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

Determination of claim

   (3)  A claim for an exemption made under subsection (1) shall be determined in accordance with the process set out in the Hazardous Materials Information Review Act (Canada).

Appeal

   (4)  The employer or any worker of the employer or any trade union representing the workers of the employer may, in accordance with the appeal process set out in the Hazardous Materials Information Review Act (Canada), appeal a determination made under subsection (3) and the appeal shall be determined in accordance with that process.

   (4)  Subsections 40 (7) and (8) of the Act are repealed and the following substituted:

Effect of determination

   (7)  A determination made under this section applies for the purposes of this Part.

   5.  (1)  Subsection 40.1 (1) of the Act is repealed and the following substituted:

Information privileged

   (1)  Subject to subsection (2), all information obtained by an employee in the Ministry from a person acting under the authority of the Hazardous Materials Information Review Act (Canada) is privileged and no employee in the Ministry shall knowingly, without consent in writing of the Chief Screening Officer appointed under that Act,

  (a)  communicate or allow to be communicated to any person any information obtained; or

  (b)  allow any person to inspect or to have access to any part of a book, record, writing or other document containing any information obtained.

   (2)  Subsection 40.1 (4) of the Act is repealed and the following substituted:

Non-disclosure prevails

   (4)  Despite subsection 63 (1), the requirements in this section that information received from a person acting under the authority of the Hazardous Materials Information Review Act (Canada) not be disclosed prevail over any other law.

   6.  Subsection 57 (8) of the Act is amended by striking out “an unexpired material safety data sheet” and substituting “a current safety data sheet”.

   7.  (1)  Paragraph 38 of subsection 70 (2) of the Act is repealed.

   (2)  The following provisions of subsection 70 (2) of the Act are amended by striking out “material safety data sheet” wherever that expression appears and substituting in each case “safety data sheet”:

    1.  Paragraph 39.

    2.  Paragraph 40.

Registered Human Resources Professionals Act, 2013

   8.  (1)  Subsection 17 (1) of the Registered Human Resources Professionals Act, 2013 is repealed and the following substituted:

Designations and initials

   (1)  If a regulation is made under subsection (4) setting out designations and initials that may be used by members of the Association, the Board, subject to the by-laws, may authorize a member to use one or more of the designations and initials.

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

Regulations

   (4)  The Lieutenant Governor in Council may make regulations prescribing designations and corresponding initials that may be used by members of the Association.

   9.  (1)  Clause 26 (1) (a) of the Act is repealed and the following substituted:

  (a)  take or use a designation or initials prescribed by the regulations, alone or in combination with other words or abbreviations;

   (2)  Clause 26 (1) (b) of the Act is amended by striking out “set out in Table 1” at the end and substituting “prescribed by the regulations”.

   (3)  Clause 26 (1) (c) of the Act is amended by striking out “set out in Table 1” and substituting “prescribed by the regulations”.

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

  (a)  take or use a designation or initials prescribed by the regulations, alone or in combination with other words or abbreviations;

   (5)  Clause 26 (4) (b) of the Act is amended by striking out “set out in Table 1” at the end and substituting “prescribed by the regulations”.

   (6)  Clause 26 (4) (c) of the Act is amended by striking out “set out in Table 1” and substituting “prescribed by the regulations”.

   10.  Table 1 of the Act is repealed.

Consequential Repeals

Good Government Act, 2011

   11.  Subsections 2 (4), (5), (6), (12), (13) and (14) of Schedule 7 to the Good Government Act, 2011 are repealed.

Commencement

Commencement

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

Same

   (2)  Sections 1 and 11 come into force on the day the Strengthening and Improving Government Act, 2015 receives Royal Assent.

schedule 5
Ministry of Municipal affairs and housing

City of Brantford Act, 1986

   1.  The City of Brantford Act, 1986 is repealed.

City of Hamilton Act (Licensing Committee), 1997

   2.  The City of Hamilton Act (Licensing Committee), 1997 is repealed.

City of Toronto Act, 2006

   3.  (1)  Subsection 252 (5) of the City of Toronto Act, 2006 is amended by striking out “Minister of Education” at the end and substituting “Minister of Finance”.

   (2)  Clauses 397 (1) (b) and (c) of the Act are repealed.

Municipal Act, 2001

   4.  (1)  The Table to section 11 of the Municipal Act, 2001 is amended by striking out “Halton, Lambton, Oxford” under the heading “Upper-tier Municipality(ies) to which Part of Sphere Assigned” set out in item 10 and substituting “Halton, Lambton, Oxford, Waterloo”.

   (2)  Subsection 110 (5) of the Act is amended by striking out “Minister of Education” at the end and substituting “Minister of Finance”.

   (3)  Subsections 296 (2) and (2.1) of the Act are repealed.

Commencement

Commencement

   5.  This Schedule comes into force on the day the Strengthening and Improving Government Act, 2015 receives Royal Assent.

Schedule 6
Ministry of training, colleges and universities

Ontario Colleges of Applied Arts and Technology Act, 2002

   1.  Section 2 of the Ontario Colleges of Applied Arts and Technology Act, 2002 is amended by adding the following subsection:

Same corporate entity

   (1.2)  For greater certainty, for each college, the corporation referred to in subsection (1.1) is the same corporation as the non-share corporation for the college referred to in subsection 3 (2) of this Act, as it read on June 21, 2006.

Ontario College of Trades and Apprenticeship Act, 2009

   2.  Subsection 53 (4) of the Ontario College of Trades and Apprenticeship Act, 2009 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

   (4)  Section 33 of the Public Inquiries Act, 2009 applies to the investigation.

Commencement

Commencement

   3.  This Schedule comes into force on the day the Strengthening and Improving Government Act, 2015 receives Royal Assent.

Schedule 7
Ministry of Transportation

   1.  (1)  The definition of “pedestrian crossover” in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:

“pedestrian crossover” means any portion of a roadway distinctly indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway as prescribed by the regulations; (“passage pour piétons”)

   (2)  The French version of clause (b) of the definition of “road-building machine” in subsection 1 (1) of the Act is repealed and the following substituted:

    b)  un tracteur à chenilles ou à roues équipé d’une faucheuse, d’une bêche-tarière, d’un compacteur, d’un équipement de pulvérisation d’herbicide, d’une souffleuse et d’un chasse-neige, d’un chargeur à chaînes, d’une pelle rétrocaveuse ou d’une perforatrice;

   (3)  Subsection 1 (8) of the Act is amended by striking out “section 41.4, 48, 48.1, 48.2.1, 48.4, 55.2 or 172” and substituting “section 41.4, 48, 48.0.1, 48.1, 48.2.1, 48.4, 55.2 or 172”.

   (4)  Subsections (1) and (3) apply only if Bill 31 (Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2014), introduced on October 21, 2014, receives Royal Assent.

   2.  (1)  Subsection 5.3 (2) of the Act is repealed and the following substituted:

Notice to holder

   (2)  Before taking any action under subsection (1), the Minister shall cause notice to be given to the holder of the vehicle permit or driver’s licence of his or her intention to cancel the permit or licence and the notice shall state that the holder has 60 days from the date of the notice to provide the Minister with the correct information.

Same

   (2.1)  Notice under subsection (2) is sufficiently given to the holder of the vehicle permit or driver’s licence if delivered personally or mailed to the latest address or any previous address of the holder on the records of the Ministry or to another address at which there is reason to believe the holder may be found.

   (2)  Subsection 5.3 (4) of the Act is amended by striking out “the last known address of the holder” and substituting “the latest address of the holder”.

   3.  The French version of clause 7 (24) (h) of the Act is amended by striking out “à fabriquer sur commande” and substituting “à personnaliser”.

   4.  The French version of subsection 14 (1) of the Act is amended by striking out “fonctionnaire” in the portion before clause (a) and substituting “agent”.

   5.  (1)  Subsection 16 (1) of the Act is amended by striking out “In this section and in sections 17 to 23.1” at the beginning and substituting “In this section and in sections 17 to 22”.

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

Same

   (2.1)  No person shall hold themselves out to be the holder of a CVOR certificate unless the person is the holder of a CVOR certificate.

   6.  Subsections 17 (5), (5.1) and (5.2) of the Act are repealed and the following substituted:

Expiry

   (5)  A CVOR certificate expires as provided in the regulations.

   7.  (1)  Subsections 17.1 (2) and (3) of the Act are repealed and the following substituted:

Notice of rating to operator

   (2)  Where the Registrar proposes to assign a safety rating to an operator for the first time or to change an operator’s safety rating, he or she shall notify the operator of the proposed rating.

Methods for giving notice

   (3)  Notice under subsection (2) is sufficiently given if,

  (a)  it is delivered personally to the operator;

  (b)  it is delivered by courier to the operator;

   (c)  it is sent by mail to the operator at the latest address provided by the operator to the Ministry;

  (d)  it is sent by fax to the operator at the latest fax number provided by the operator to the Ministry; or

  (e)  it is sent by another electronic means of transmission prescribed by regulation in accordance with the regulations.

   (2)  Subsection 17.1 (9) of the Act is repealed and the following substituted:

Available to the public

   (9)  The Registrar shall make the safety ratings of operators, and any other information respecting operators that he or she thinks should be publicly known, available to the public in the manner that the Registrar considers appropriate.

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

Regulations

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

  (a)  prescribing other electronic means of transmission for giving notice;

  (b)  governing the giving of notice by mail, fax or a means of transmission prescribed under clause (a), including prescribing rules governing when notice is deemed to have been received.

   8.  Subsection 18 (1) of the Act is amended by striking out “any change in the holder’s name or address” and substituting “any change in the holder’s name, address, fax number or address or number used for another electronic means of transmission”.

   9.  Section 21 of the Act is amended by adding the following subsection:

Same

   (2.1)  Every person who contravenes subsection 16 (2.1) is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

   10.  (1)  Subsection 22 (1) of the Act is amended by adding the following clause:

  (b)  prescribing methods of issuing CVOR certificates, including by electronic transmission, and governing the issue of CVOR certificates by such methods;

   (2)  Clause 22 (1) (d) of the Act, as re-enacted by subsection 10 (2) of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, is repealed and the following substituted:

  (d)  prescribing requirements, qualifications and standards for owners, operators and drivers of commercial motor vehicles or any class of them, or for any other person or class of persons, including requirements, qualifications and standards to obtain, renew and hold a CVOR certificate;

(d.0.1) prescribing standards and specifications for commercial motor vehicles, or any class of them, requiring the use of any equipment or other thing in commercial motor vehicles, or any class of them, and governing that use;

(d.0.2) governing the operation of commercial motor vehicles, or any class of them, including prescribing requirements, qualifications and standards for their operation and prescribing the duties of owners, operators, drivers and other persons, or any class of them, with respect to their operation;

(d.0.3) requiring owners and operators of commercial motor vehicles, or any class of them, to carry insurance and governing that insurance, including prescribing the form, amount, nature, class, provisions and conditions of the insurance and requirements respecting the evidence of such insurance;

   (3)  Clause 22 (1) (l) of the Act is repealed and the following substituted:

    (l)  prescribing methods of giving notice and governing the giving of notice by those methods, including prescribing rules governing when notice is deemed to have been received;

   (4)  Subsection 22 (1) of the Act is amended by adding the following clause:

(l.1)  authorizing the Registrar, in specified circumstances, to waive any requirement, qualification, standard or specification in the regulations made under clause (d), (d.0.1) or (d.0.2);

   (5)  Clause 22 (1) (m) of the Act, as enacted by subsection 10 (4) of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, is amended by striking out “sections 16 to 23” and substituting “sections 16 to 22”.

   (6)  Subsection 22 (1) of the Act is amended by adding the following clause:

  (n)  prescribing and governing transition rules to address the transportation services governed by Part X.2 before its repeal, including exemptions from any provision of this Act or of a regulation made under this section for a specified period of time or until a specified event occurs.

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

Fees

   (2)  The Registrar may set fees, subject to the approval of the Minister, for the application for and for the renewal and replacement of CVOR certificates.

   11.  Sections 23 and 23.1 of the Act are repealed.

   12.  (1)  The French version of subsection 28 (1) of the Act is amended by striking out “au fonctionnaire” and substituting “à l’agent”.

   (2)  The French version of subsection 28 (2) of the Act is amended by striking out “L’agent, le cadet ou le fonctionnaire” at the beginning and substituting “L’agent ou le cadet”.

   13.  (1)  The French version of subsection 39.1 (1) of the Act is repealed and the following substituted:

Interdiction de prendre des passagers moyennant rémunération sans permis d’exploitation

   (1)  Le conducteur d’un véhicule automobile, sauf un autobus, ne doit pas prendre un passager pour le transporter moyennant rémunération si un permis d’exploitation, une licence ou une autorisation est exigé à cette fin par l’un des textes législatifs suivants ou l’une des autorités suivantes, si ce n’est en vertu d’un tel permis ou d’une telle licence ou autorisation :

    a)  la Loi sur les véhicules de transport en commun;

    b)  un règlement municipal adopté en vertu de la partie IV de la Loi de 2001 sur les municipalités;

    c)  un règlement pris en vertu de la Loi sur le ministère des Transports (Canada);

    d)  un aéroport ou une administration aéroportuaire.

   (2)  The French version of subsections 39.1 (3) and (4) of the Act is repealed and the following substituted:

Idem

   (3)  Nul ne doit prendre ou offrir de prendre des arrangements pour faire prendre un passager dans un véhicule automobile, sauf un autobus, afin de le transporter moyennant rémunération, si ce n’est en vertu du permis d’exploitation, de la licence ou de l’autorisation exigé pour le faire, comme le précise le paragraphe (1).

Documents à porter sur soi et à remettre

   (4)  Le conducteur d’un véhicule automobile, sauf un autobus, qui prend un passager pour le transporter moyennant rémunération et qui doit, comme le précise le paragraphe (1), avoir un permis d’exploitation, une licence ou une autorisation pour le faire :

    a)  d’une part, porte sur soi l’original ou une copie du permis, de la licence ou de l’autorisation;

    b)  d’autre part, à la demande d’un agent de police ou d’un agent chargé d’appliquer les dispositions du présent code, remet, aux fins d’inspection raisonnable, l’original ou la copie du permis, de la licence ou de l’autorisation.

   14.  (1)  Subsections 47.1 (2) and (3) of the Act are repealed and the following substituted:

Methods for giving notice

   (2)  Notice under subsection (1) or (1.1) is sufficiently given if,

  (a)  it is delivered personally to the person;

  (b)  it is delivered by courier to the person;

   (c)  it is delivered by mail to the person at the latest address provided by the person to the Ministry;

  (d)  it is sent by fax to the person at the latest fax number provided by the person to the Ministry; or

  (e)  it is sent by another electronic means of transmission prescribed by regulation in accordance with the regulations.

   (2)  Subsection 47.1 (4.1) of the Act is amended by striking out “is deemed by subsection (3)” in the portion before clause (a) and substituting “is deemed by a regulation made under subsection (7)”.

   (3)  Clause 47.1 (5) (a) of the Act is amended by striking out “is deemed by subsection (3)” and substituting “is deemed by a regulation made under subsection (7)”.

   (4)  Subsection 47.1 (7) of the Act is repealed and the following substituted:

Regulations

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

  (a)  prescribing other electronic means of transmission for giving notice;

  (b)  governing the giving of notice by mail, fax or a means of transmission prescribed under clause (a), including prescribing rules governing when notice is deemed to have been received.

   15.  Subsection 48.2 (1) of the Act is amended by striking out “for the purposes of determining whether the novice driver is in compliance with the regulations respecting novice drivers” and substituting “for the purposes of determining whether the novice driver is in compliance with the conditions and restrictions imposed upon novice drivers by this Act and the regulations”.

   16.  Subsection 50.1 (3) of the Act is amended by striking out “the regulations made under clause 49 (4) (c)” and substituting “the Tribunal”.

   17.  The French version of subsection 55.1 (8) of the Act is repealed and the following substituted:

Aucun droit d’être entendu avant la mise en fourrière

   (8)  Nul n’a le droit d’être entendu avant la détention ou la mise en fourrière d’un véhicule en application du présent article.

   18.  The French version of subsection 78.1 (1) of the Act is amended by striking out “des messages alphabétiques” at the end and substituting “des textos”.

   19.  Subsection 104 (4) of the Act is repealed.

   20.  The French version of subsection 110.2 (1) of the Act is amended by striking out “fonctionnaire” and substituting “agent”.

   21.  Section 110.3 of the Act is amended by adding the following subsection:

Regulations

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

  (a)  prescribing other means of giving notice;

  (b)  governing the giving of notice by a means prescribed under clause (a), including prescribing rules governing when notice is deemed to have been received.

   22.  Section 110.4 of the Act is amended by adding the following subsection:

Regulations

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

  (a)  prescribing other means of giving notice;

  (b)  governing the giving of notice by a means prescribed under clause (a), including prescribing rules governing when notice is deemed to have been received.

   23.  The French version of section 126 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Consignateur responsable de la surcharge

   126.  Est coupable d’une infraction et passible, sur déclaration de culpabilité, d’une amende de la même façon que s’il avait été déclaré coupable en vertu de l’article 125 le consignateur de marchandises ou son mandataire ou employé qui fait procéder au chargement d’un véhicule ou d’un ensemble de véhicules dont le consignateur n’est pas le propriétaire de sorte que, lorsqu’ils sont utilisés sur une voie publique, selon le cas :

.     .     .     .     .

   24.  (1)  The French version of subsection 191.0.1 (3) of the Act is amended by striking out “de l’expéditeur ou du destinataire des biens” and substituting “du consignateur ou du consignataire des biens”.

   (2)  The French version of subsection 191.0.1 (4) of the Act is amended by striking out “de l’expéditeur, du destinataire” and substituting “du consignateur, du consignataire”.

   25.  Part X.2 of the Act is repealed.

   26.  The French version of subsection 199.1 (19) of the Act is amended by striking out “compétence territoriale” and substituting “autorité législative”.

   27.  Section 216.1 of the Act is amended by adding the following subsection:

Regulations

   (10)  The Lieutenant Governor in Council may make regulations defining “operator” for the purposes of this section.

Repeal

   28.  If section 6 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force before the Strengthening and Improving Government Act, 2015 receives Royal Assent, section 8 of this Schedule is repealed.

Commencement

   29.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Strengthening and Improving Government Act, 2015 receives Royal Assent.

Same

   (2)  Subsections 1 (1) and (3), sections 5 and 6, subsection 7 (2), section 9, subsections 10 (2), (4), (5) and (6) and sections 11, 25 and 27 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 85 and does not form part of the law.  Bill 85 has been enacted as Chapter 27 of the Statutes of Ontario, 2015.

 

The Bill amends or repeals a number of Acts. For convenience, the amendments and repeals are set out in separate Schedules for named Ministries. The Schedules include amendments to and repeals of Acts that are administered by the Ministry involved or that affect that Ministry. The commencement provisions for each of the Schedules are set out in the Schedules.

SCHEDULE 1
MINISTRY OF THE ATTORNEY GENERAL

Courts of Justice Act

The Schedule to section 21.8 of the Courts of Justice Act is amended to add additional proceedings to the list of proceedings that are within the jurisdiction of the Family Court. The Schedule is also amended to permit additional family law proceedings to be added to the Family Court’s jurisdiction by regulation. A related regulation-making authority is added to subsection 53 (1) of the Act.

Sections 35 and 42 of the Act are amended to create the position of the Senior Advisory Family Judge of the Ontario Court of Justice. Subsection 67 (2) of the Act is amended to add the person holding that position to the Family Rules Committee.

Subsection 86.1 (5.2) of the Act is re-enacted to remove the requirement for a recommendation of the Attorney General from the process for reappointing a case management master who has reached the age of 65.

Section 123 of the Act is amended to specify that the section applies in respect of deputy judges.

Finally, a handful of amendments are made to the French version of the Act to address minor translation issues.

Family Law Act

Section 39 of the Family Law Act is amended by adding a requirement that parties to a notice of calculation share certain information with each other on an ongoing basis, in accordance with the regulations. A similar requirement already exists under the Act for parties to orders and parties to domestic contracts or other written agreements. A related regulation-making authority is added to subsection 69 (5) of the Act.

Provincial Offences Act

The Schedule amends the Provincial Offences Act. The current section 76.1 of the Act allows documents to be filed with the court electronically. This section is expanded to allow documents to be filed, given or delivered to the court electronically and to give the court the power to deal with electronic documents. A rebuttable presumption is established for documents that are delivered electronically in accordance with the regulations. In addition, several cross-references in the Act are updated.

Schedule 2
Ministry of Government and Consumer Services

Vital Statistics Act

At present, a certificate or a certified copy of a registration that is admissible in court under section 46 of the Act must be signed by the Registrar General or Deputy Registrar General or include a reproduction of the signature of either of them. The Schedule amends the Act so that a certificate or a certified copy of a registration is admissible in court if it includes the signature of any person who currently holds or who at any time held such office.

schedule 3
Ministry of health and long-term care

Commitment to the Future of Medicare Act, 2004

The Schedule amends the Act to protect the directors, officers, members, employees and agents of the Ontario Medical Association from civil liability for their good faith actions in negotiations with the Government of Ontario concerning insured services and physician payments.

Schedule 4
Ministry of labour

Employment Standards Act, 2000

The Act is amended to make a third party demand under section 125 remain in force for 365 days from the date the notice of the demand is served.

Occupational Health and Safety Act

The Schedule amends sections 37 and 38 of the Act and other related provisions to replace the terminology “material safety data sheet” with “safety data sheet”. If a claim for an exemption is made under subsection 40 (1) of the Act or an appeal is made of such a determination, it is determined in accordance with the process set out in the Hazardous Materials Information Review Act (Canada).

Registered Human Resources Professionals Act, 2013

Currently, the Act includes a Table setting out the designations and initials that may be used exclusively by members of the Human Resources Professionals Association of Ontario. The Schedule repeals the Table and adds authority to make regulations prescribing the designations and initials. Related amendments are made.

Schedule 5
Ministry of Municipal Affairs and Housing

Repeals

The City of Brantford Act, 1986, and the City of Hamilton Act (Licensing Committee), 1997, are repealed.

City of Toronto Act, 2006

Subsection 252 (5) of the Act is amended to make the Minister of Finance, rather than the Minister of Education, the recipient of notices of by-laws permitting the City to enter into agreements for municipal capital facilities.

Clauses 397 (1) (b) and (c) of the Act, relating to agreements re local passenger transportation services, are repealed.

Municipal Act, 2001

The Table to section 11 (spheres of jurisdiction) of the Act is amended to give the Region of Waterloo authority to pass by-laws respecting the acquisition, development and disposal of sites for industrial, commercial and institutional uses.

Subsection 110 (5) of the Act is amended to make the Minister of Finance, rather than the Minister of Education, the recipient of notices of by-laws permitting a municipality to enter into agreements for municipal capital facilities.

Subsections 296 (2) and (2.1) of the Act, which are obsolete, are repealed.

Schedule 6
Ministry of training, colleges and universities

Ontario Colleges of Applied Arts and Technology Act, 2002

A new subsection is added to clarify that the corporate identity of each college has been the same since the establishment of the college.

Ontario College of Trades and Apprenticeship Act, 2009

The Act is amended to update a reference to the Pubic Inquiries Act, 2009.

Schedule 7
Ministry of Transportation

Highway Traffic Act

The Schedule amends the Act in three main areas: methods for the Ministry of Transportation to communicate with permit and licence holders, the regulation of commercial motor vehicles and the regulation of medical transportation services. The Schedule also makes other amendments, including numerous housekeeping amendments.

Communication

Amendments are made to allow the Ministry of Transportation to use more varied methods of communication as follows:

Current subsection 5.3 (2) (cancellation of permit, licence where information on permit, licence is incorrect) requires that notice of the Minister’s intention to cancel a vehicle permit or driver’s licence be sent by mail to the permit or licence holder’s last known address on the Ministry’s records.  Under re-enacted subsection (2) and new subsection (2.1), the notice may be delivered personally or by mail; in addition, the notice may be mailed not only to the permit or licence holder’s last known address on the Ministry’s records, but also to any previous address on the Ministry’s records or to another address at which there is reason to believe the holder may be found.

Sections 17.1 (assignment of safety ratings) and 47.1 (notice of suspension or cancellation of vehicle permits, driver’s licences and CVOR certificates) are amended to allow for notice by personal delivery, courier, mail, fax and prescribed electronic means of transmission.

Current sections 110.3 and 110.4 (suspension, etc., of special permits) allow for notice to be given by mail, fax or other means prescribed by regulation.  These are amended to permit the making of regulations prescribing other means of giving notice.  A consequential amendment is made to subsection 18 (1) to require CVOR certificate holders to notify the Registrar of any change of fax number or address or number used for another means of electronic transmission.

New clause 22 (1) (b) provides that methods of issuing CVOR certificates, including electronic methods, may be prescribed by regulation.

Commercial Motor Vehicles

Disparate amendments are made to the Act in respect of commercial motor vehicles as follows:

A new offence is added to section 16 for a person holding themselves out as a CVOR certificate holder unless the person actually holds a CVOR certificate.  The penalty for this offence, in new subsection 21 (2.1), is a maximum fine of $2,000.

Current subsection 17.1 (9) requires the Registrar of Motor Vehicles to make operators’ safety ratings available to the public.  This is re-enacted to permit the Registrar to also make available to the public any other information about operators that he or she thinks should be publicly known.

Current section 22 contains regulation-making powers in respect of commercial motor vehicles.  A number of powers are re-enacted and new powers added as follows:  to prescribe requirements, qualifications and standards for owners, operators and drivers of commercial motor vehicles and other persons; to prescribe standards and specifications for commercial motor vehicles; to require the use of equipment or other things in commercial motor vehicles; to govern the operation of commercial motor vehicles, including prescribing duties of owners, operators, drivers and other persons; to require owners and operators to carry insurance as specified in the regulations; and authorizing the Registrar of Motor Vehicles to waive any requirements, qualifications, standards or specifications in the regulations. (The insurance requirements in sections 23 and 23.1 are repealed as a consequence of the new powers to make regulations respecting insurance.)

Current subsection 22 (2) permits the Registrar to set fees for the issuance, renewal and replacement of CVOR certificates.  This is re-enacted to permit fees for the application for, renewal and replacement of CVOR certificates.

Section 216.1 (power of officer to examine commercial vehicles) is amended to allow for operator to be defined by regulation for the purposes of the section.

Medical Transportation Services

Part X.2, entitled Medical Transportation Services, is repealed.  A new regulation-making power is added to section 22 to address transition matters after this repeal.

As a result of these amendments, medical transportation services may be regulated under the general provisions that regulate commercial motor vehicles.

Other Amendments

The following amendments to section 1 of the Act are conditional on Bill 31 (Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2014), introduced on October 21, 2014, receiving  Royal Assent. The definition of “pedestrian crossover” in subsection 1 (1) of the Act is amended to remove the requirement that it be designated by a municipal by-law.  Subsection 1 (8) (calculation of days) is amended to add a reference to section 48.0.1 (short-term administrative licence suspension for drug or drug and alcohol impairment).

Subsections 17 (5), (5.1) and (5.2) (expiry of CVOR certificates) are repealed, and subsection 17 (5) is re-enacted, to delete obsolete references.

Current subsection 48.2 (1) requires novice drivers to be in compliance with the regulations.  This is amended to refer to conditions and restrictions imposed upon novice drivers by the Act and the regulations, since one condition (see subsection 44.1 (1) requiring a blood alcohol concentration level of zero) is imposed on novice drivers in the Act itself.

Subsection 50.1 (3) is amended to delete an obsolete cross-reference.

Subsection 104 (4), which incorrectly refers to the Lieutenant Governor in Council as the maker of the regulations in question, instead of the Minister, is repealed.

Numerous amendments are made to correct the French version of the Act.

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