chapter 18
An Act to promote government efficiency and to improve services to taxpayers by amending or repealing certain Acts and by enacting one new Act
Assented to November 26, 2002
CONTENTS
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1. |
Enactment of Schedules |
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2. |
Commencement |
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3. |
Short title |
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Schedule A |
Amendments proposed by the Ministry of the Attorney General |
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Schedule B |
International Interests in Mobile Equipment Act (Aircraft Equipment), 2002 |
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Schedule C |
Amendments proposed by the Ministry of Citizenship |
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Schedule D |
Amendments proposed by the Ministry of Community, Family and Children’s Services |
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Schedule E |
Amendments proposed by the Ministry of Consumer and Business Services |
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Schedule F |
Amendments proposed by the Ministry of Culture |
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Schedule G |
Amendments proposed by the Ministry of Education |
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Schedule H |
Amendments proposed by the Ministry of Finance |
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Schedule I |
Amendments proposed by the Ministry of Health and Long-Term Care |
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Schedule J |
Amendments proposed by the Ministry of Labour |
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Schedule K |
Amendments proposed by Management Board Secretariat |
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Schedule L |
Amendments proposed by the Ministry of Natural Resources |
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Schedule M |
Amendments proposed by the Ministry of Northern Development and Mines |
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Schedule N |
Amendments proposed by the Ministry of Public Safety and Security |
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Schedule O |
Amendments proposed by the Ministry of Training, Colleges and Universities |
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Schedule P |
Amendments and Repeals proposed by the Ministry of Transportation |
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___________ |
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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:
Enactment of Schedules
1. (1) All the Schedules to this Act, other than Schedule B, are hereby enacted.
Schedule B
(2) The International Interests in Mobile Equipment Act (Aircraft Equipment), 2002, as set out in Schedule B, is hereby enacted.
Commencement
2. (1) Subject to subsections (2) and (3), 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 the commencement section at or near the end of 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 Government Efficiency Act, 2002.
SCHEDULE A
AMENDMENTS PROPOSED BY THE
MINISTRY OF THE ATTORNEY GENERAL
Certified General Accountants Association of Ontario Act, 1983
1. Section 9.1 of the Certified General Accountants Association of Ontario Act, 1983, as set out in the Statutes of Ontario, 2000, chapter 42, Schedule, section 6, is amended by being renumbered as section 9.1.1.
Charities Accounting Act
2. Section 1.1 of the Charities Accounting Act, as enacted by the Statutes of Ontario, 2001, chapter 9, Schedule B, section 3, is amended by striking out “Sections 27 to 30” at the beginning and substituting “Sections 27 to 31”.
Commissioners for taking Affidavits Act
3. (1) Section 1 of the Commissioners for Taking Affidavits Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 2, and section 2 of the Act, as re-enacted by 1999, chapter 12, Schedule B, section 2, are repealed and the following substituted:
Commissioners by virtue of office
1. Persons who hold an office or an office of a class that is prescribed by the regulations made under this Act are, by virtue of office, commissioners for taking affidavits in Ontario.
Persons who may take affidavits
2. Persons who hold an office or an office of a class that is prescribed by the regulations made under this Act may take affidavits that are required to be taken.
(2) Section 13 of the Act is repealed and the following substituted:
Regulations
13. The Lieutenant Governor in Council may make regulations,
(a) respecting the fees payable to the Crown and the fees receivable by commissioners under this Act;
(b) prescribing offices and classes of offices for the purposes of section 1, specifying the part of Ontario in which the holder of a prescribed office may act as a commissioner, and specifying the purpose for which he or she may do so;
(c) prescribing offices and classes of offices for the purposes of section 2, specifying the part of Ontario in which the holder of a prescribed office may take affidavits, and specifying the purpose for which he or she may do so.
Courts of Justice Act
4. (1) Subsection 53 (1) of the Courts of Justice Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 18, 1996, chapter 25, sections 1 and 9, 1998, chapter 20, section 2, 1998, chapter 20, Schedule A, section 22 and 1999, chapter 6, section 18, is amended by adding the following clause:
(b.1) fixing the remuneration of deputy judges of the Small Claims Court;
(2) Subsection 86.1 (4) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 25, section 1 and amended by 1996, chapter 25, section 9, and subsection 86.1 (5) of the Act, as enacted by 1996, chapter 25, section 1, are repealed and the following substituted:
Reappointment
(4) Subject to subsections (5) and (5.1), a case management master shall be reappointed for an additional seven-year term at the expiry of his or her initial seven-year term and each subsequent seven-year term.
Expiry of term at age of 65
(5) If the case management master is 58 years of age or older, the reappointment under subsection (4) shall provide for a term that expires when he or she reaches the age of 65.
Resignation or removal from office
(5.1) Subsection (4) does not apply if,
(a) the case management master has resigned under section 48; or
(b) the Chief Justice has decided to remove the case management master from office under clause 86.2 (8) (g) and,
(i) the time for an appeal from the decision has expired without an appeal being filed, or
(ii) any appeal has been finally disposed of and the Chief Justice’s decision has been confirmed.
Annual reappointments until age of 75
(5.2) A case management master who has reached the age of 65 may be reappointed by the Lieutenant Governor in Council, on the joint recommendation of the Attorney General and the Chief Justice, for a one-year term, subject to subsection (5.3); if the Attorney General and the Chief Justice so recommend, the Lieutenant Governor in Council shall reappoint the case management master.
Expiry of term at age of 75
(5.3) If the case management master is 74 years of age or older, the reappointment under subsection (5.2) shall provide for a term that expires when he or she reaches the age of 75.
No limit
(5.4) Subject to subsections (5) and (5.3), there is no limit to the number of times a case management master can be reappointed under subsection (4) and subsection (5.2).
(3) Section 86.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 25, section 1 and amended by 1996, chapter 25, section 9, is amended by adding the following subsections:
Appeal
(9.1) The Chief Justice’s decision may be appealed to the Court of Appeal,
(a) by the case management master, as of right; or
(b) by the complainant, with leave of the Court of Appeal.
Parties
(9.2) The case management master and the complainant are parties to any appeal and the Attorney General is the respondent.
Power of Court of Appeal
(9.3) The Court of Appeal may substitute its opinion for that of the Chief Justice on all questions of fact and law.
Time for appeal
(9.4) The notice of appeal or motion for leave to appeal shall be filed within 30 days after the date of the Chief Justice’s decision.
Stay
(9.5) On the filing of a notice of appeal, the imposition of any sanction is stayed until the final disposition of the appeal.
(4) Section 86.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 25, section 1 and amended by 1996, chapter 25, section 9, is amended by adding the following subsections:
Compensation
(12.1) When there is an appeal or motion for leave to appeal under subsection (9.1), the Court of Appeal shall consider whether the case management master should be compensated for all or part of his or her costs for legal services incurred in connection with the appeal or motion.
Recommendation
(12.2) If the Court of Appeal is of the opinion that the case management master should be compensated, it shall make a recommendation to the Attorney General to that effect, indicating the amount of compensation.
Same
(12.3) If a complainant’s motion for leave to appeal is dismissed, the Court of Appeal shall recommend to the Attorney General that the case management master be compensated for his or her costs for legal services and shall indicate the amount of compensation.
(5) Subsection 86.2 (13) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 25, section 1, is amended by striking out “subsection (11) or (12)” and substituting “subsection (11), (12), (12.2) or (12.3)”.
Crown Administration
of Estates Act
5. (1) Section 1 of the Crown Administration of Estates Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule B, section 7, and section 2 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 23, section 6 and amended by 2001, chapter 9, Schedule B, section 7, are repealed and the following substituted:
PGT may administer certain
estates
1. (1) The Superior Court of Justice may, on the Public Guardian and Trustee’s application, grant to the Public Guardian and Trustee letters of administration or letters probate with respect to a person’s estate, if the following conditions are satisfied:
1. The person dies in Ontario, or is a resident of Ontario but dies elsewhere.
2. The person dies intestate as to some or all of his or her property, or dies leaving a will without naming an executor or estate trustee who is willing and able to administer the estate.
3. There are no known next of kin who are residents of Ontario and are willing and able to administer the estate, or the only known next of kin are minors and there is no other near relative who is a resident of Ontario and is willing and able to administer the estate or to nominate another person to do so.
Same
(2) When letters of administration or letters probate are granted under subsection (1), the Public Guardian and Trustee shall administer the person’s estate for the use and benefit of all the lawful heirs and, if there are no lawful heirs, for the use and benefit of the Crown.
Power to safeguard estate, etc.
2. (1) While the Public Guardian and Trustee is conducting an investigation to determine whether the conditions set out in subsection 1 (1) are satisfied, and until letters of administration or letters probate are granted, the Public Guardian and Trustee may,
(a) arrange the person’s funeral;
(b) make an inventory of, take possession of, safeguard and dispose of the person’s property; and
(c) exercise all the powers of a personal representative with respect to the person’s property.
Saving
(2) For greater certainty, subsection (1) does not affect the obligation of the Public Guardian and Trustee to apply for letters of administration or letters probate.
Access to and use of information
2.1 (1) The Public Guardian and Trustee may collect, use, retain and disclose information related to an estate, including personal information, for the following purposes:
1. Determining whether subsection 1 (1) applies.
2. Valuing the estate assets for the purpose of an application for letters of administration or letters probate.
3. Taking any action on behalf of the estate under subsection 2 (1) before letters of administration or letters probate are granted.
4. Administering the estate.
Identifying and locating persons and assets
(2) Without limiting the generality of subsection (1), the Public Guardian and Trustee is authorized to,
(a) identify and locate,
(i) persons who may have an interest in the estate, and
(ii) other persons, but only for the purpose of locating persons who may have an interest in the estate; and
(b) identify the estate’s assets.
Institution, mandatory disclosure
(3) Every institution shall disclose to the Public Guardian and Trustee information requested under subsection (1).
Exception, Ministry of Health and Long-Term Care and related institutions
(4) Subsection (3) does not apply to the Ministry of Health and Long-Term Care or to any other institution of which the Minister of Health and Long-Term Care is the head.
Saving
(5) For greater certainty, subsection (4) does not affect the ability to disclose or transmit information under section 35 of the Mental Health Act.
Others, optional disclosure
(6) A person other than an institution may disclose to the Public Guardian and Trustee information requested under subsection (1).
Application of subs. (6)
(7) Subsection (6) also applies to unincorporated associations and any other public and private entities.
Definitions
(8) In this section,
“head” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“personne responsable”)
“institution” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“institution”)
“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”)
Conflict
2.2 (1) Section 2.1 applies despite anything in the Freedom of Information and Protection of Privacy Act or in any other Act or regulation.
Same
(2) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply when information is collected under section 2.1.
(2) Subsection 3 (1) of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule B, section 7, is amended by striking out “section 2” at the end and substituting “subsection 1 (1)”.
(3) Subsection 6 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 23, section 6 and amended by 2001, chapter 9, Schedule B, section 7, is amended by striking out “clause 2 (1) (b) or (c)” and substituting “paragraph 2 or 3 of subsection 1 (1)”.
(4) Subsection 14 (1) of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule B, section 7, is amended by striking out “the ten years limited by section 10” and substituting “the 10 years limited by subsection 11 (1)”.
Domestic Violence Protection
Act, 2000
6. (1) Section 4 of the Domestic Violence Protection Act, 2000 is amended by adding the following subsections:
Use of telecommunication
(2.1) An application to a designated judge or justice under subsection (1) may be made and adjudicated by telephone or by a means of telecommunication that produces a writing.
Same
(2.2) Despite any other Act, for the purposes of subsection (2.1),
(a) evidence may be provided, under oath,
(i) by telephone, or
(ii) by a means of telecommunication that produces a writing; and
(b) when evidence is provided as described in subclause (a) (i) or (ii), the oath may be administered by telephone.
(2) The Act is amended by adding the following section:
Emergency intervention orders available in designated locations according to prescribed schedules
4.1 (1) In a location that is designated by a regulation made under clause 19 (1) (b.1), a designated judge or justice shall be available to hear applications under section 4 on the basis of the schedule prescribed for that location under clause 19 (1) (b.2).
Purpose of subs. (1)
(2) The purpose of subsection (1) is to facilitate proceeding in phases towards the goal of making emergency intervention orders available on a 24-hour a day basis seven days a week throughout Ontario.
(3) Section 7 of the Act is amended by adding the following subsections:
Same
(4) If a designated judge or justice is satisfied at any time that service cannot be effected by a means described in subsection (2), he or she may make an order for substituted service on the respondent, whether or not any attempt has yet been made to serve the respondent.
Sunday service
(5) Despite section 124 of the Courts of Justice Act, an emergency intervention order may be served on a Sunday without leave of the court.
(4) Section 13 of the Act is repealed and the following substituted:
Designated judges, justices of the peace
13. The Chief Justice of the Ontario Court of Justice shall designate the judges of the Ontario Court of Justice and justices of the peace who may hear applications under section 4.
(5) Subsection 17 (3) of the Act is amended by striking out “Courts of Justice Act” and substituting “Administration of Justice Act”.
(6) Subsection 19 (1) of the Act is amended by adding the following clauses:
(b.1) designating locations for the purpose of section 4.1;
(b.2) prescribing a schedule for a location designated under clause (b.1);
(7) Section 19 of the Act is amended by adding the following subsection:
Schedule
(3) A schedule prescribed under clause (1) (b.2) may provide for availability on a 24-hour a day basis seven days a week or on any other basis.
(8) Section 20 of the Act is repealed and the following substituted:
20. (1) The Schedule to section 21.8 of the Courts of Justice Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 8 and amended by 1996, chapter 31, section 65 and 1999, chapter 6, section 18, is amended by adding the following paragraph:
1.1 Proceedings under the Domestic Violence Protection Act, 2000, except for matters heard by designated judges or justices as that Act permits.
(2) Section 68 of the Act, as amended by the Statutes of Ontario, 1996, chapter 25, section 9 and 1998, chapter 20, Schedule A, section 22, is amended by adding the following subsection:
Domestic Violence Protection Act, 2000
(5) Despite paragraph 1.1 of the Schedule to section 21.8, the rule-making authority of the Family Rules Committee extends to the entire Domestic Violence Protection Act, 2000, including the activities of designated judges and justices.
Escheats Act
7. (1) Subsection 1 (1) of the Escheats Act is amended by striking out “Public Trustee” and substituting “Public Guardian and Trustee”.
(2) Section 1 of the Act is amended by adding the following subsection:
Possession of real property
(3) If real property described in subsection (1) has escheated or become forfeit because of the dissolution of a corporation, the Public Guardian and Trustee shall be deemed not to have taken possession of the property until the Public Guardian and Trustee registers notice of taking possession in the proper land registry office.
(3) Subsection 6 (2) of the Act is amended by striking out “Public Trustee” and substituting “Public Guardian and Trustee”.
(4) The Act is amended by adding the following section:
Public Guardian and Trustee, no obligation or liability
7. (1) When property has escheated or become forfeit to the Crown because of the dissolution of a corporation,
(a) the Public Guardian and Trustee is not required to secure, maintain or manage the property or to take any other action in relation to the property; and
(b) no proceeding shall be commenced and no order shall be made against the Public Guardian and Trustee in respect of the property.
Conflict
(2) Subsection (1) applies despite any other Act or regulation.
Crown remains liable
(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject.
Saving
(4) For greater certainty, subsection (1) does not,
(a) prevent a public authority from issuing an order against the Crown that is authorized under any other Act in respect of the property; or
(b) confer any new right or impose any new obligation on the Crown in respect of the property.
Evidence Act
8. The Evidence Act is amended by adding the following section:
e-Laws web site
Definitions
24.2 (1) In this section,
“e-Laws web site” means the web site of the Government of Ontario for statutes, regulations and related material that is available on the Internet at www.e-laws.gov.on.ca or at another web address specified by a regulation made under clause (5) (b); (“site Web Lois-en-ligne”)
“source law” means,
(a) in the case of a statute, the statute as enacted, and
(b) in the case of a regulation, the regulation as filed under the Regulations Act. (“texte législatif source”)
Copies of source law
(2) An approved copy of a source law from the e-Laws web site shall be received in evidence as an accurate statement of that law, unless the contrary is proved.
Copies of consolidated law
(3) An approved copy of a consolidated law from the e-Laws web site shall be received in evidence as an accurate consolidation of the source law and the amendments to it, if any, indicated on the copy of that law, unless the contrary is proved.
Disclaimer
(4) A copy is not an approved copy if it has a disclaimer to the effect that it is prepared for the purposes of convenience only and is not intended as authoritative text.
Regulations
(5) The Attorney General may make regulations,
(a) specifying what information, including a display, print-out or other output of electronic data, constitutes an approved copy of a source law or a consolidated law from the e-Laws web site;
(b) specifying another web address for the purposes of the definition of “e-Laws web site” in subsection (1).
Same
(6) Without limiting the generality of clause (5) (a), the regulations may specify what constitutes an approved copy by reference to,
(a) the manner in which the copy is created, recorded, transmitted, stored, received, displayed or perceived;
(b) the person, body or thing that created, recorded, transmitted, stored, received, displayed or perceived the copy; and
(c) any statement, mark or certification associated with the creation, recording, transmission, storage, reception, display or perception of the copy.
Expropriations Act
9. (1) The definition of “judge” in subsection 1 (1) of the Expropriations Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(2) Subsection 7 (6) of the Act is repealed and the following substituted:
Report
(6) The inquiry officer shall give the approving authority and the parties to the hearing a report containing,
(a) a summary of the evidence and arguments advanced by the parties;
(b) the inquiry officer’s findings of fact; and
(c) the inquiry officer’s opinion on the merits of the application for approval, and the reasons for the opinion.
(3) Subsection 8 (2) of the Act is repealed and the following substituted:
Reasons, service of decision
(2) The approving authority shall give written reasons for its decision and shall cause the decision and reasons to be served on all the parties and on the inquiry officer within 90 days after the date on which the approving authority receives the report of the inquiry officer.
(4) Clause 10 (2) (a) of the Act is repealed and the following substituted:
(a) where there has been an inquiry, as of the date the notice of hearing was served;
(5) Section 10 of the Act is amended by adding the following subsection:
Inquiry officer or joint board
(2.1) Clause (2) (a) applies whether the hearing is conducted by an inquiry officer or by a joint board established under the Consolidated Hearings Act.
(6) Subsection 38 (1) of the Act is amended by striking out “Accountant of the Ontario Court” and substituting “Accountant of the Superior Court of Justice”.
Health Care Consent
Act, 1996
10. Subsection 20 (9) of the Health Care Consent Act, 1996 is repealed and the following substituted:
Meaning of “partner”
(9) For the purpose of this section,
“partner” means,
(a) a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(i) have cohabited for at least one year,
(ii) are together the parents of a child, or
(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act, or
(b) either of two persons who have lived together for at least one year and have a close personal relationship that is of primary importance in both persons’ lives.
Justices of the Peace Act
11. (1) Subsection 4 (2) of the Justices of the Peace Act is repealed.
(2) Clause 9 (1) (a) of the Act is amended by striking out “Chief Judge of the Ontario Court (Provincial Division)” and substituting “Chief Justice of the Ontario Court of Justice”.
(3) Clause 9 (1) (c) of the Act is amended by striking out “Ontario Court (Provincial Division)” and substituting “Ontario Court of Justice”.
(4) Subsection 10 (1) of the Act is amended by adding “and” at the end of clause (b) and by adding the following clause:
(c) dealing with continuing education plans in accordance with subsection 14 (1).
(5) The English version of subsection 13 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 12, section 54, is amended by striking out “Chief Judge” at the end and substituting “Chief Justice”.
(6) The Act is amended by adding the following section:
Continuing education
14. (1) The Associate Chief Justice Co-ordinator of Justices of the Peace shall establish a plan for the continuing education of justices of the peace, and shall implement the plan when it has been reviewed and approved by the Review Council.
Consultation
(2) In establishing the plan for continuing education, the Associate Chief Justice Co-ordinator of Justices of the Peace shall consult with justices of the peace and with such other persons as he or she considers appropriate.
Plan to be made public
(3) The Associate Chief Justice Co-ordinator of Justices of the Peace shall ensure that the plan for continuing education is made available to the public, in English and French, when it has been approved by the Review Council.
(7) Sections 15 and 16 of the Act are repealed.
(8) Subsection 17 (2) of the Act is amended by striking out “Subject to sections 15 and 16” at the beginning.
(9) Subsection 22 (1) of the Act is amended by striking out “Sections 4, 15, 16 and 18” at the beginning and substituting “Sections 4 and 18”.
(10) Subsection 22 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 57, is repealed.
(11) Subsection 22 (3) of the Act is amended by striking out “sections 4, 15, 16 and 18” and substituting “sections 4 and 18”.
(12) The Act is amended by striking out “Associate Chief Judge — Co-ordinator of Justices of the Peace” wherever it appears in the following provisions and substituting in each case “Associate Chief Justice Co-ordinator of Justices of the Peace”:
1. Clause 9 (1) (b).
2. Subsection 11 (2).
3. Subsections 13 (1), (3), (5) and (6).
4. Section 18.
5. Subsections 19 (1) and (3).
(13) The Act is amended by striking out “Ontario Court (General Division)” wherever it appears in the following provisions and substituting in each case “Superior Court of Justice”:
1. Section 5.
2. Section 20.
Law Society Act
12. (1) Subsection 56 (1.1) of the Law Society Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 8, is amended by striking out “Sections 27 to 29” at the beginning and substituting “Sections 27 to 31”.
(2) The Act is amended by striking out “Ontario Court (General Division)” wherever it appears in the following provisions and substituting in each case “Superior Court of Justice”:
1. Section 27.1.
2. Clause 31 (1) (a).
3. Subsection 49.10 (1), clause 49.10 (6) (b) and subsection 49.10 (8).
4. Subsection 49.13 (1).
5. Section 49.46.
6. Subsection 49.47 (1).
7. Section 49.48.
8. Subsection 49.51 (1).
9. Subsections 50.2 (1) and (3).
10. Subsection 59.7 (4).
11. Subsection 59.8 (2).
12. Section 59.11.
McMichael Canadian Art
Collection Act
13. (1) Subsection 9 (2) of the McMichael Canadian Art Collection Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 9, is amended by striking out “Sections 27 to 29” and substituting “Sections 27 to 31”.
(2) Subsection 12 (3) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.
Ontario Heritage Act
14. Clause 10 (1) (i) of the Ontario Heritage Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 10, is amended by striking out “sections 27 to 29” and substituting “sections 27 to 31”.
Provincial Offences Act
15. (1) Section 150 of the Provincial Offences Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is amended by adding the following subsections:
Alternative to physical presence
(8) Where a defendant is to be brought before a justice under this section, the defendant’s actual physical attendance is required, but the justice may, subject to subsection (9), allow the defendant to appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the justice.
Consent required
(9) The consent of the prosecutor and the defendant is required for the purpose of an appearance if,
(a) the evidence of a witness is to be taken at the appearance; and
(b) it is not possible for the defendant to appear by closed-circuit television or any other means that allow the justice and the defendant to engage in simultaneous visual and oral communication.
(2) Subsection 158 (1) of the Act is repealed and the following substituted:
Search warrant
(1) A justice may at any time issue a warrant under his or her hand if the justice is satisfied by information upon oath that there are reasonable grounds to believe that there is in any place,
(a) anything on or in respect of which an offence has been or is suspected to have been committed; or
(b) anything that there are reasonable grounds to believe will afford evidence as to the commission of an offence.
Same
(1.1) The search warrant authorizes a police officer or person named in the warrant,
(a) to search the place named in the information for any thing described in clause (1) (a) or (b); and
(b) to seize the thing and deal with it in accordance with section 158.2.
(3) Section 158 of the Act is amended by adding the following subsection:
Definition
(4) In this section and in section 158.1,
“place” includes a building and a receptacle.
(4) The Act is amended by adding the following sections:
Telewarrants
Submission of information
158.1 (1) Where a provincial offences officer believes that an offence has been committed and that it would be impracticable to appear personally before a justice to make application for a warrant in accordance with section 158, the provincial offences officer may submit an information on oath, by a means of telecommunication that produces a writing, to a justice designated for the purpose by the Chief Justice of the Ontario Court of Justice.
Filing of information
(2) The justice who receives an information submitted under subsection (1) shall, as soon as practicable, cause the information to be filed with the clerk of the court, certified by the justice as to time and date of receipt.
Same, alternative to oath
(3) A provincial offences officer who submits an information under subsection (1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief, and the statement is deemed to be made under oath.
Contents of information
(4) An information submitted under subsection (1) shall include,
(a) a statement of the circumstances that make it impracticable for the provincial offences officer to appear personally before a justice;
(b) a statement of the alleged offence, the place to be searched and the items alleged to be liable to seizure;
(c) a statement of the provincial offences officer’s grounds for believing that items liable to seizure in respect of the alleged offence will be found in the place to be searched; and
(d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the provincial offences officer has knowledge.
Issuing warrant
(5) A justice to whom an information is submitted under subsection (1) may, if the conditions set out in subsection (6) are met,
(a) issue a warrant to a provincial offences officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice before whom the provincial offences officer appears personally under section 158; and
(b) require that the warrant be executed within such time period as the justice may order.
Conditions
(6) The conditions referred to in subsection (5) are that the justice is satisfied that the information,
(a) is in respect of an offence and complies with subsection (4);
(b) discloses reasonable grounds for dispensing with an information presented personally; and
(c) discloses reasonable grounds, in accordance with section 158, for the issuance of a warrant in respect of an offence.
Application of s. 158 (2) and (3)
(7) Subsections 158 (2) and (3) apply to a warrant issued under this section.
Form, transmission and filing of warrant
(8) A justice who issues a warrant under this section shall,
(a) complete and sign the warrant, noting on its face the time, date and place of issuance;
(b) transmit the warrant by the means of telecommunication to the provincial offences officer who submitted the information; and
(c) as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court.
Copies
(9) The copy of the warrant that is transmitted to the provincial offences officer and any copies that are made from the transmitted copy have the same effect as the original for all purposes.
Providing or affixing copy when executing warrant
(10) When a provincial offences officer executes a warrant issued under this section,
(a) if the place to be searched is occupied, the provincial offences officer shall, before entering or as soon as practicable thereafter, give a copy of the warrant to any person present and ostensibly in control of the place; and
(b) if the place to be searched is unoccupied, the provincial offences officer shall, on entering or as soon as practicable thereafter, cause a copy of the warrant to be suitably and prominently affixed within the place.
Proof of authorization
(11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued under this section, the warrant or the related information shall be produced and the court shall verify,
(a) in the case of the warrant, that it is signed by the justice and bears on its face a notation of the time, date and place of issuance;
(b) in the case of the related information, that it is certified by the justice as to time and date of receipt.
Presumption
(12) If the warrant or related information is not produced or if the matters set out in clause (11) (a) or (b) cannot be verified, it shall be presumed, in the absence of evidence to the contrary, that the search or seizure was not authorized by a warrant issued under this section.
Duty of person who carries out seizure
158.2 A person who has seized anything under a warrant issued under this or any other Act or otherwise in the performance of his or her duties under an Act shall, as soon as is practicable, take the following steps:
1. The person shall determine whether the continued detention of the thing is required for the purposes of an investigation or proceeding.
2. If satisfied that continued detention is not required as mentioned in paragraph 1, the person shall,
i. return the thing, on being given a receipt for it, to the person lawfully entitled to its possession, and
ii. make a report of the seizure and return to a justice.
3. If paragraph 2 does not apply, the person shall,
i. bring the thing before a justice, or
ii. make a report of the seizure and detention to a justice.
(5) Subsection 159 (1) of the Act is repealed and the following substituted:
Order of justice re things seized
(1) When, under paragraph 3 of section 158.2, a thing that has been seized is brought before a justice or a report in respect of it is made to a justice, he or she shall, by order,
(a) detain the thing or direct it to be detained in the care of a person named in the order; or
(b) direct it to be returned.
Same
(1.1) The justice may, in the order,
(a) authorize the examination, testing, inspection or reproduction of the thing seized, on the conditions that are reasonably necessary and are directed in the order; and
(b) make any other provision that, in his or her opinion, is necessary for the preservation of the thing.
(6) The English version of the Act is amended by striking out “Chief Judge” wherever it appears in the following provisions and substituting in each case “Chief Justice”:
1. The definition of “set fine” in subsection 1 (1).
2. Subsections 30 (2) and (3).
Public Accountancy Act
16. Subsection 27 (3) of the Public Accountancy Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 12, is amended by striking out “sections 27 to 29” and substituting “sections 27 to 31”.
Public Guardian and Trustee Act
17. (1) The Public Guardian and Trustee Act is amended by adding the following section:
Access to personal information
10.3 (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,
(a) to collect personal information from any source;
(b) to collect, under subsection 4.1 (3) of the Health Insurance Act, personal information described in subsection (6); and
(c) to retain, use and disclose personal information obtained under clause (a) or (b).
Institution, mandatory disclosure
(2) Every institution shall disclose to the Public Guardian and Trustee information requested under clause (1) (a).
Exception, Ministry of Health and Long-Term Care and related institutions
(3) Subsection (2) does not apply to the Ministry of Health and Long-Term Care or to any other institution of which the Minister of Health and Long-Term Care is the head.
Others, optional disclosure
(4) A person other than an institution may disclose to the Public Guardian and Trustee information requested under clause (1) (a).
Application of subs. (4)
(5) Subsection (4) also applies to unincorporated associations and any other public and private entities.
Information collected under Health Insurance Act
(6) Clause (1) (b) applies only to an individual’s name, date of birth, current address and past addresses.
Definitions
(7) In this section,
“head” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“personne responsable”)
“institution” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“institution”)
“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”)
Conflict
(8) This section applies despite anything in the Freedom of Information and Protection of Privacy Act or in any other Act or regulation.
Same
(9) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply when information is collected under this section.
Saving
(10) For greater certainty, subsection (3) does not affect the obligation to disclose or transmit information under section 4.1 of the Health Insurance Act.
(2) Section 13 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 13, is amended by striking out “sections 27 to 29” and substituting “sections 27 to 31”.
Regulations Act
18. (1) Subsection 2 (1) of the Regulations Act is amended by striking out “in duplicate” wherever it appears.
(2) Section 2 of the Act is amended by adding the following subsection:
Original and copy
(1.1) The filing requirement in subsection (1) is satisfied if an original and a copy of the regulation and of each certificate are filed.
(3) Subsection 2 (2) of the Act is amended by striking out “subsection (1)” at the end and substituting “this section”.
Science North Act
19. (1) Subsection 9 (3) of the Science North Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 15, is amended by striking out “sections 27 to 29” and substituting “sections 27 to 31”.
(2) Subsection 10 (3) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 15, is amended by striking out “sections 27 to 29” and substituting “sections 27 to 31”.
Substitute Decisions
Act, 1992
20. (1) The definition of “court” in subsection 1 (1) of the Substitute Decisions Act, 1992 is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(2) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 2, section 3, is amended by adding the following definition:
“partner” means,
(a) a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(i) have cohabited for at least one year,
(ii) are together the parents of a child, or
(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act, or
(b) either of two persons who have lived together for at least one year and have a close personal relationship that is of primary importance in both persons’ lives; (“partenaire”)
(3) Subsection 1 (2) of the Act is repealed.
Commencement
Commencement
21. (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Section 2, subsection 5 (4), subsection 12 (1), subsection 13 (1), sections 14 and 16, subsection 17 (2) and section 19 shall be deemed to have come into force on June 29, 2001.
Same
(3) Sections 3 and 8 and subsections 15 (1) to (5) come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE B
INTERNATIONAL
INTERESTS IN
MOBILE EQUIPMENT ACT
(AIRCRAFT EQUIPMENT), 2002
Definitions
1. (1) In this Act,
“Aircraft Protocol” means the Protocol to the Convention on International Interests in Mobile Equipment in Matters Specific to Aircraft Equipment that was opened for signature at Cape Town on November 16, 2001, the text of which is set out in Schedule 2; (“Protocole aéronautique”)
“Convention” means the Convention on International Interests in Mobile Equipment that was opened for signature at Cape Town on November 16, 2001, the text of which is set out in Schedule 1. (“Convention”)
Words and expressions
(2) All words and expressions used in this Act have the same meaning as the corresponding words and expressions used in the Convention and the Aircraft Protocol.
Interpretation
2. In interpreting the Convention and the Aircraft Protocol, recourse may be had to,
(a) the Explanatory Report and Commentary on the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol, held under the joint auspices of the International Civil Aviation Organization and the International Institute for the Unification of Private Law at Cape Town from October 29 to November 16, 2001; and
(b) the consolidated text of the Convention and the Protocol of which the Conference took note in its Resolution No. 1.
Inconsistency
3. In the event of any inconsistency between this Act and any other law, this Act prevails to the extent of the inconsistency.
Purpose of Act
4. The purpose of the Act is to implement the provisions of the Convention and the Aircraft Protocol with regard to aircraft equipment.
Responsible Minister
5. The Attorney General is the Minister responsible for the administration of this Act.
Request to extend application
6. The Attorney General shall request the Government of Canada to declare, in accordance with Article 52 of the Convention and Article XXIX of the Aircraft Protocol, that the Convention and the Aircraft Protocol extend to Ontario.
Article 39 declaration
7. (1) The Attorney General, at the time a request under section 6 is made, may request the Government of Canada to make a declaration in accordance with Article 39 of the Convention in respect of Ontario.
Same
(2) The Attorney General, from time to time, may request the Government of Canada to make a subsequent declaration in accordance with Article 57 of the Convention and Article XXXIII of the Aircraft Protocol, in relation to Article 39 of the Convention, in respect of Ontario.
Article 40 declaration
8. (1) The Attorney General, at the time a request under section 6 is made, may request the Government of Canada to make a declaration in accordance with Article 40 of the Convention in respect of Ontario.
Same
(2) The Attorney General, from time to time, may request the Government of Canada to make a subsequent declaration in accordance with Article 57 of the Convention and Article XXXIII of the Aircraft Protocol, in relation to Article 40 of the Convention, in respect of Ontario.
Binding on Crown
9. This Act is binding on the Crown in right of Ontario.
Force of law
10. (1) The Convention, other than Articles 49 to 59, 61 and 62, and the Aircraft Protocol, other than paragraphs 1 and 2 of Article IX, paragraphs 1 and 2 of Article X and Articles XIII and XXVI to XXXVII, have the force of law in Ontario.
Application of subs. (1)
(2) Subsection (1) applies on and after the day the Convention and the Aircraft Protocol enter into force in accordance with Articles 49 and 52 of the Convention and Articles XXVIII and XXIX of the Aircraft Protocol.
Court
11. The Superior Court of Justice is the relevant court for the purposes of Article 53 of the Convention.
Regulations
12. (1) The Lieutenant Governor in Council may make any regulations that are necessary to give effect to any of the provisions that have the force of law pursuant to subsection 10 (1), including regulations,
(a) prescribing categories of non-consensual rights and interests for the purposes of Article 39 of the Convention;
(b) prescribing categories of non-consensual rights and interests for the purposes of Article 40 of the Convention.
Application
(2) Regulations made under subsection (1) apply,
(a) in the case of regulations in relation to declarations referred to in subsections 7 (1) and 8 (1), on and after the day on which subsection 10 (1) commences to apply as provided by subsection 10 (2); and
(b) in the case of regulations in relation to subsequent declarations referred to in subsections 7 (2) and 8 (2), on and after the day on which the subsequent declarations take effect as provided by paragraph 2 of Article 57 of the Convention and paragraph 2 of Article XXXIII of the Aircraft Protocol.
Publication
13. (1) The Attorney General shall publish in The Ontario Gazette a notice setting out the day on which the Convention and the Aircraft Protocol enter into force in Ontario.
Same
(2) The Attorney General shall publish in The Ontario Gazette the regulations referred to in sub-paragraph 2 (d) of Article 17 of the Convention, and any amendments to those regulations.
Commencement
14. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Repeal
15. This Act is repealed on the first day of the month following the expiration of 12 months following the expiration of the day on which a substituted declaration is made, pursuant to paragraph 1 of Article 52 of the Convention and paragraph 1 of Article XXIX of the Aircraft Protocol, that does not provide for the extension of the Convention and the Aircraft Protocol to Ontario.
Short title
16. The short title of the Act set out in this Schedule is the International Interests in Mobile Equipment Act (Aircraft Equipment), 2002.
Schedule 1
CONVENTION ON
INTERNATIONAL INTERESTS
IN MOBILE EQUIPMENT
THE STATES PARTIES TO THIS CONVENTION,
Aware of the need to acquire and use mobile equipment of high value or particular economic significance and to facilitate the financing of the acquisition and use of such equipment in an efficient manner,
Recognising the advantages of asset-based financing and leasing for this purpose and desiring to facilitate these types of transaction by establishing clear rules to govern them,
Mindful of the need to ensure that interests in such equipment are recognised and protected universally,
Desiring to provide broad and mutual economic benefits for all interested parties,
Believing that such rules must reflect the principles underlying asset-based financing and leasing and promote the autonomy of the parties necessary in these transactions,
Conscious of the need to establish a legal framework for international interests in such equipment and for that purpose to create an international registration system for their protection,
Taking Into Consideration the objectives and principles enunciated in existing Conventions relating to such equipment,
Have Agreed upon the following provisions:
CHAPTER I
SPHERE OF APPLICATION
AND GENERAL PROVISIONS
Article 1 — Definitions
In this Convention, except where the context otherwise requires, the following terms are employed with the meanings set out below:
(a) “agreement” means a security agreement, a title reservation agreement or a leasing agreement;
(b) “assignment” means a contract which, whether by way of security or otherwise, confers on the assignee associated rights with or without a transfer of the related international interest;
(c) “associated rights” means all rights to payment or other performance by a debtor under an agreement which are secured by or associated with the object;
(d) “commencement of the insolvency proceedings” means the time at which the insolvency proceedings are deemed to commence under the applicable insolvency law;
(e) “conditional buyer” means a buyer under a title reservation agreement;
(f) “conditional seller” means a seller under a title reservation agreement;
(g) “contract of sale” means a contract for the sale of an object by a seller to a buyer which is not an agreement as defined in (a) above;
(h) “court” means a court of law or an administrative or arbitral tribunal established by a Contracting State;
(i) “creditor” means a chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement;
(j) “debtor” means a chargor under a security agreement, a conditional buyer under a title reservation agreement, a lessee under a leasing agreement or a person whose interest in an object is burdened by a registrable non-consensual right or interest;
(k) “insolvency administrator” means a person authorised to administer the reorganization or liquidation, including one authorised on an interim basis, and includes a debtor in possession if permitted by the applicable insolvency law;
(l) “insolvency proceedings” means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court for the purposes of reorganization or liquidation;
(m) “interested persons” means:
(i) the debtor,
(ii) any person who, for the purpose of assuring performance of any of the obligations in favour of the creditor, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance,
(iii) any other person having rights in or over the object;
(n) “internal transaction” means a transaction of a type listed in Article 2 (2) (a) to (c) where the centre of the main interests of all parties to such transaction is situated, and the relevant object located (as specified in the Protocol), in the same Contracting State at the time of the conclusion of the contract and where the interest created by the transaction has been registered in a national registry in that Contracting State which has made a declaration under Article 50 (1);
(o) “international interest” means an interest held by a creditor to which Article 2 applies;
(p) “International Registry” means the international registration facilities established for the purposes of this Convention or the Protocol;
(q) “leasing agreement” means an agreement by which one person (the lessor) grants a right to possession or control of an object (with or without an option to purchase) to another person (the lessee) in return for a rental or other payment;
(r) “national interest” means an interest held by a creditor in an object and created by an internal transaction covered by a declaration under Article 50 (1);
(s) “non-consensual right or interest” means a right or interest conferred under the law of a Contracting State which has made a declaration under Article 39 to secure the performance of an obligation, including an obligation to a State, State entity or an intergovernmental or private organization;
(t) “notice of a national interest” means notice registered or to be registered in the International Registry that a national interest has been created;
(u) “object” means an object of a category to which Article 2 applies;
(v) “pre-existing right or interest” means a right or interest of any kind in or over an object created or arising before the effective date of this Convention as defined by Article 60 (2) (a);
(w) “proceeds” means money or non-money proceeds of an object arising from the total or partial loss or physical destruction of the object or its total or partial confiscation, condemnation or requisition;
(x) “prospective assignment” means an assignment that is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain;
(y) “prospective international interest” means an interest that is intended to be created or provided for in an object as an international interest in the future, upon the occurrence of a stated event (which may include the debtor’s acquisition of an interest in the object), whether or not the occurrence of the event is certain;
(z) “prospective sale” means a sale which is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain;
(aa) “Protocol” means, in respect of any category of object and associated rights to which this Convention applies, the Protocol in respect of that category of object and associated rights;
(bb) “registered” means registered in the International Registry pursuant to Chapter V;
(cc) “registered interest” means an international interest, a registrable non-consensual right or interest or a national interest specified in a notice of a national interest registered pursuant to Chapter V;
(dd) “registrable non-consensual right or interest” means a non-consensual right or interest registrable pursuant to a declaration deposited under Article 40;
(ee) “Registrar” means, in respect of the Protocol, the person or body designated by that Protocol or appointed under Article 17 (2) (b);
(ff) “regulations” means regulations made or approved by the Supervisory Authority pursuant to the Protocol;
(gg) “sale” means a transfer of ownership of an object pursuant to a contract of sale;
(hh) “secured obligation” means an obligation secured by a security interest;
(ii) “security agreement” means an agreement by which a chargor grants or agrees to grant to a chargee an interest (including an ownership interest) in or over an object to secure the performance of any existing or future obligation of the chargor or a third person;
(jj) “security interest” means an interest created by a security agreement;
(kk) “Supervisory Authority” means, in respect of the Protocol, the Supervisory Authority referred to in Article 17 (1);
(ll) “title reservation agreement” means an agreement for the sale of an object on terms that ownership does not pass until fulfilment of the condition or conditions stated in the agreement;
(mm) “unregistered interest” means a consensual interest or non-consensual right or interest (other than an interest to which Article 39 applies) which has not been registered, whether or not it is registrable under this Convention; and
(nn) “writing” means a record of information (including information communicated by teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on a subsequent occasion and which indicates by reasonable means a person’s approval of the record.
Article 2 — The international interest
1. This Convention provides for the constitution and effects of an international interest in certain categories of mobile equipment and associated rights.
2. For the purposes of this Convention, an international interest in mobile equipment is an interest, constituted under Article 7, in a uniquely identifiable object of a category of such objects listed in paragraph 3 and designated in the Protocol:
(a) granted by the chargor under a security agreement;
(b) vested in a person who is the conditional seller under a title reservation agreement; or
(c) vested in a person who is the lessor under a leasing agreement.
An interest falling within sub-paragraph (a) does not also fall within sub-paragraph (b) or (c).
3. The categories referred to in the preceding paragraphs are:
(a) airframes, aircraft engines and helicopters;
(b) railway rolling stock; and
(c) space assets.
4. The applicable law determines whether an interest to which paragraph 2 applies falls within sub-paragraph (a), (b) or (c) of that paragraph.
5. An international interest in an object extends to proceeds of that object.
Article 3 — Sphere of application
1. This Convention applies when, at the time of the conclusion of the agreement creating or providing for the international interest, the debtor is situated in a Contracting State.
2. The fact that the creditor is situated in a non-Contracting State does not affect the applicability of this Convention.
Article 4 — Where debtor is situated
1. For the purposes of Article 3 (1), the debtor is situated in any Contracting State:
(a) under the law of which it is incorporated or formed;
(b) where it has its registered office or statutory seat;
(c) where it has its centre of administration; or
(d) where it has its place of business.
2. A reference in sub-paragraph (d) of the preceding paragraph to the debtor’s place of business shall, if it has more than one place of business, mean its principal place of business or, if it has no place of business, its habitual residence.
Article 5 — Interpretation
and applicable law
1. In the interpretation of this Convention, regard is to be had to its purposes as set forth in the preamble, to its international character and to the need to promote uniformity and predictability in its application.
2. Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the applicable law.
3. References to the applicable law are to the domestic rules of the law applicable by virtue of the rules of private international law of the forum State.
4. Where a State comprises several territorial units, each of which has its own rules of law in respect of the matter to be decided, and where there is no indication of the relevant territorial unit, the law of that State decides which is the territorial unit whose rules shall govern. In the absence of any such rule, the law of the territorial unit with which the case is most closely connected shall apply.
Article 6 — Relationship between
the Convention and the Protocol
1. This Convention and the Protocol shall be read and interpreted together as a single instrument.
2. To the extent of any inconsistency between this Convention and the Protocol, the Protocol shall prevail.
Chapter II
Constitution of an
international interest
Article 7 — Formal requirements
An interest is constituted as an international interest under this Convention where the agreement creating or providing for the interest:
(a) is in writing;
(b) relates to an object of which the chargor, conditional seller or lessor has power to dispose;
(c) enables the object to be identified in conformity with the Protocol; and
(d) in the case of a security agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum sum secured.
Chapter III
Default
remedies
Article 8 — Remedies of
chargee
1. In the event of default as provided in Article 11, the chargee may, to the extent that the chargor has at any time so agreed and subject to any declaration that may be made by a Contracting State under Article 54, exercise any one or more of the following remedies:
(a) take possession or control of any object charged to it;
(b) sell or grant a lease of any such object;
(c) collect or receive any income or profits arising from the management or use of any such object.
2. The chargee may alternatively apply for a court order authorising or directing any of the acts referred to in the preceding paragraph.
3. Any remedy set out in sub-paragraph (a), (b) or (c) of paragraph 1 or by Article 13 shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the security agreement except where such a provision is manifestly unreasonable.
4. A chargee proposing to sell or grant a lease of an object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to:
(a) interested persons specified in Article 1 (m) (i) and (ii); and
(b) interested persons specified in Article 1 (m) (iii) who have given notice of their rights to the chargee within a reasonable time prior to the sale or lease.
5. Any sum collected or received by the chargee as a result of exercise of any of the remedies set out in paragraph 1 or 2 shall be applied towards discharge of the amount of the secured obligations.
6. Where the sums collected or received by the chargee as a result of the exercise of any remedy set out in paragraph 1 or 2 exceed the amount secured by the security interest and any reasonable costs incurred in the exercise of any such remedy, then unless otherwise ordered by the court the chargee shall distribute the surplus among holders of subsequently ranking interests which have been registered or of which the chargee has been given notice, in order of priority, and pay any remaining balance to the chargor.
Article 9 — Vesting of object
in satisfaction; redemption
1. At any time after default as provided in Article 11, the chargee and all the interested persons may agree that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.
2. The court may on the application of the chargee order that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.
3. The court shall grant an application under the preceding paragraph only if the amount of the secured obligations to be satisfied by such vesting is commensurate with the value of the object after taking account of any payment to be made by the chargee to any of the interested persons.
4. At any time after default as provided in Article 11 and before sale of the charged object or the making of an order under paragraph 2, the chargor or any interested person may discharge the security interest by paying in full the amount secured, subject to any lease granted by the chargee under Article 8 (1) (b) or ordered under Article 8 (2). Where, after such default, the payment of the amount secured is made in full by an interested person other than the debtor, that person is subrogated to the rights of the chargee.
5. Ownership or any other interest of the chargor passing on a sale under Article 8 (1) (b) or passing under paragraph 1 or 2 of this Article is free from any other interest over which the chargee’s security interest has priority under the provisions of Article 29.
Article 10 — Remedies of conditional seller
or lessor
In the event of default under a title reservation agreement or under a leasing agreement as provided in Article 11, the conditional seller or the lessor, as the case may be, may:
(a) subject to any declaration that may be made by a Contracting State under Article 54, terminate the agreement and take possession or control of any object to which the agreement relates; or
(b) apply for a court order authorising or directing either of these acts.
Article 11 — Meaning of default
1. The debtor and the creditor may at any time agree in writing as to the events that constitute a default or otherwise give rise to the rights and remedies specified in Articles 8 to 10 and 13.
2. Where the debtor and the creditor have not so agreed, “default” for the purposes of Articles 8 to 10 and 13 means a default which substantially deprives the creditor of what it is entitled to expect under the agreement.
Article 12 — Additional remedies
Any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the extent that they are not inconsistent with the mandatory provisions of this Chapter as set out in Article 15.
Article 13 — Relief pending
final determination
1. Subject to any declaration that it may make under Article 55, a Contracting State shall ensure that a creditor who adduces evidence of default by the debtor may, pending final determination of its claim and to the extent that the debtor has at any time so agreed, obtain from a court speedy relief in the form of such one or more of the following orders as the creditor requests:
(a) preservation of the object and its value;
(b) possession, control or custody of the object;
(c) immobilisation of the object; and
(d) lease or, except where covered by sub-paragraphs (a) to (c), management of the object and the income therefrom.
2. In making any order under the preceding paragraph, the court may impose such terms as it considers necessary to protect the interested persons in the event that the creditor:
(a) in implementing any order granting such relief, fails to perform any of its obligations to the debtor under this Convention or the Protocol; or
(b) fails to establish its claim, wholly or in part, on the final determination of that claim.
3. Before making any order under paragraph 1, the court may require notice of the request to be given to any of the interested persons.
4. Nothing in this Article affects the application of Article 8 (3) or limits the availability of forms of interim relief other than those set out in paragraph 1.
Article 14 — Procedural requirements
Subject to Article 54 (2), any remedy provided by this Chapter shall be exercised in conformity with the procedure prescribed by the law of the place where the remedy is to be exercised.
Article 15 — Derogation
In their relations with each other, any two or more of the parties referred to in this Chapter may at any time, by agreement in writing, derogate from or vary the effect of any of the preceding provisions of this Chapter except Articles 8 (3) to (6), 9 (3) and (4), 13 (2) and 14.
Chapter IV
The international registration system
Article 16 — The International Registry
1. An International Registry shall be established for registrations of:
(a) international interests, prospective international interests and registrable non‑consensual rights and interests;
(b) assignments and prospective assignments of international interests;
(c) acquisitions of international interests by legal or contractual subrogations under the applicable law;
(d) notices of national interests; and
(e) subordinations of interests referred to in any of the preceding sub-paragraphs.
2. Different international registries may be established for different categories of object and associated rights.
3. For the purposes of this Chapter and Chapter V, the term “registration” includes, where appropriate, an amendment, extension or discharge of a registration.
Article 17 — The Supervisory Authority and
the Registrar
1. There shall be a Supervisory Authority as provided by the Protocol.
2. The Supervisory Authority shall:
(a) establish or provide for the establishment of the International Registry;
(b) except as otherwise provided by the Protocol, appoint and dismiss the Registrar;
(c) ensure that any rights required for the continued effective operation of the International Registry in the event of a change of Registrar will vest in or be assignable to the new Registrar;
(d) after consultation with the Contracting States, make or approve and ensure the publication of regulations pursuant to the Protocol dealing with the operation of the International Registry;
(e) establish administrative procedures through which complaints concerning the operation of the International Registry can be made to the Supervisory Authority;
(f) supervise the Registrar and the operation of the International Registry;
(g) at the request of the Registrar, provide such guidance to the Registrar as the Supervisory Authority thinks fit;
(h) set and periodically review the structure of fees to be charged for the services and facilities of the International Registry;
(i) do all things necessary to ensure that an efficient notice-based electronic registration system exists to implement the objectives of this Convention and the Protocol; and
(j) report periodically to Contracting States concerning the discharge of its obligations under this Convention and the Protocol.
3. The Supervisory Authority may enter into any agreement requisite for the performance of its functions, including any agreement referred to in Article 27 (3).
4. The Supervisory Authority shall own all proprietary rights in the data bases and archives of the International Registry.
5. The Registrar shall ensure the efficient operation of the International Registry and perform the functions assigned to it by this Convention, the Protocol and the regulations.
Chapter V
Other matters
relating to registration
Article 18 — Registration requirements
1. The Protocol and regulations shall specify the requirements, including the criteria for the identification of the object:
(a) for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under Article 20);
(b) for making searches and issuing search certificates, and, subject thereto;
(c) for ensuring the confidentiality of information and documents of the International Registry other than information and documents relating to a registration.
2. The Registrar shall not be under a duty to enquire whether a consent to registration under Article 20 has in fact been given or is valid.
3. Where an interest registered as a prospective international interest becomes an international interest, no further registration shall be required provided that the registration information is sufficient for a registration of an international interest.
4. The Registrar shall arrange for registrations to be entered into the International Registry data base and made searchable in chronological order of receipt, and the file shall record the date and time of receipt.
5. The Protocol may provide that a Contracting State may designate an entity or entities in its territory as the entry point or entry points through which the information required for registration shall or may be transmitted to the International Registry. A Contracting State making such a designation may specify the requirements, if any, to be satisfied before such information is transmitted to the International Registry.
Article 19 — Validity and time
of registration
1. A registration shall be valid only if made in conformity with Article 20.
2. A registration, if valid, shall be complete upon entry of the required information into the International Registry data base so as to be searchable.
3. A registration shall be searchable for the purposes of the preceding paragraph at the time when:
(a) the International Registry has assigned to it a sequentially ordered file number; and
(b) the registration information, including the file number, is stored in durable form and may be accessed at the International Registry.
4. If an interest first registered as a prospective international interest becomes an international interest, that international interest shall be treated as registered from the time of registration of the prospective international interest provided that the registration was still current immediately before the international interest was constituted as provided by Article 7.
5. The preceding paragraph applies with necessary modifications to the registration of a prospective assignment of an international interest.
6. A registration shall be searchable in the International Registry data base according to the criteria prescribed by the Protocol.
Article 20 — Consent to registration
1. An international interest, a prospective international interest or an assignment or prospective assignment of an international interest may be registered, and any such registration amended or extended prior to its expiry, by either party with the consent in writing of the other.
2. The subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated.
3. A registration may be discharged by or with the consent in writing of the party in whose favour it was made.
4. The acquisition of an international interest by legal or contractual subrogation may be registered by the subrogee.
5. A registrable non-consensual right or interest may be registered by the holder thereof.
6. A notice of a national interest may be registered by the holder thereof.
Article 21 — Duration of registration
Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration.
Article 22 — Searches
1. Any person may, in the manner prescribed by the Protocol and regulations, make or request a search of the International Registry by electronic means concerning interests or prospective international interests registered therein.
2. Upon receipt of a request therefor, the Registrar, in the manner prescribed by the Protocol and regulations, shall issue a registry search certificate by electronic means with respect to any object:
(a) stating all registered information relating thereto, together with a statement indicating the date and time of registration of such information; or
(b) stating that there is no information in the International Registry relating thereto.
3. A search certificate issued under the preceding paragraph shall indicate that the creditor named in the registration information has acquired or intends to acquire an international interest in the object but shall not indicate whether what is registered is an international interest or a prospective international interest, even if this is ascertainable from the relevant registration information.
Article 23 — List of declarations and declared non-consensual rights or interests
The Registrar shall maintain a list of declarations, withdrawals of declaration and of the categories of non-consensual right or interest communicated to the Registrar by the Depositary as having been declared by Contracting States in conformity with Articles 39 and 40 and the date of each such declaration or withdrawal of declaration. Such list shall be recorded and searchable in the name of the declaring State and shall be made available as provided in the Protocol and regulations to any person requesting it.
Article 24 — Evidentiary value
of certificates
A document in the form prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof:
(a) that it has been so issued; and
(b) of the facts recited in it, including the date and time of a registration.
Article 25 — Discharge of registration
1. Where the obligations secured by a registered security interest or the obligations giving rise to a registered non-consensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.
2. Where a prospective international interest or a prospective assignment of an international interest has been registered, the intending creditor or intending assignee shall, without undue delay, procure the discharge of the registration after written demand by the intending debtor or assignor which is delivered to or received at its address stated in the registration before the intending creditor or assignee has given value or incurred a commitment to give value.
3. Where the obligations secured by a national interest specified in a registered notice of a national interest have been discharged, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.
4. Where a registration ought not to have been made or is incorrect, the person in whose favour the registration was made shall, without undue delay, procure its discharge or amendment after written demand by the debtor delivered to or received at its address stated in the registration.
Article 26 — Access to the international
registration facilities
No person shall be denied access to the registration and search facilities of the International Registry on any ground other than its failure to comply with the procedures prescribed by this Chapter.
Chapter VI
Privileges and immunities of
the Supervisory Authority
and the Registrar
Article 27 — Legal personality;
immunity
1. The Supervisory Authority shall have international legal personality where not already possessing such personality.
2. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal or administrative process as is specified in the Protocol.
3. (a) The Supervisory Authority shall enjoy exemption from taxes and such other privileges as may be provided by agreement with the host State.
(b) For the purposes of this paragraph, “host State” means the State in which the Supervisory Authority is situated.
4. The assets, documents, data bases and archives of the International Registry shall be inviolable and immune from seizure or other legal or administrative process.
5. For the purposes of any claim against the Registrar under Article 28 (1) or Article 44, the claimant shall be entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim.
6. The Supervisory Authority may waive the inviolability and immunity conferred by paragraph 4.
Chapter VII
Liability of the Registrar
Article 28 — Liability and financial
assurances
1. The Registrar shall be liable for compensatory damages for loss suffered by a person directly resulting from an error or omission of the Registrar and its officers and employees or from a malfunction of the international registration system except where the malfunction is caused by an event of an inevitable and irresistible nature, which could not be prevented by using the best practices in current use in the field of electronic registry design and operation, including those related to back-up and systems security and networking.
2. The Registrar shall not be liable under the preceding paragraph for factual inaccuracy of registration information received by the Registrar or transmitted by the Registrar in the form in which it received that information nor for acts or circumstances for which the Registrar and its officers and employees are not responsible and arising prior to receipt of registration information at the International Registry.
3. Compensation under paragraph 1 may be reduced to the extent that the person who suffered the damage caused or contributed to that damage.
4. The Registrar shall procure insurance or a financial guarantee covering the liability referred to in this Article to the extent determined by the Supervisory Authority, in accordance with the Protocol.
Chapter VIII
Effects of an international interest as against third parties
Article 29 — Priority of competing
interests
1. A registered interest has priority over any other interest subsequently registered and over an unregistered interest.
2. The priority of the first-mentioned interest under the preceding paragraph applies:
(a) even if the first-mentioned interest was acquired or registered with actual knowledge of the other interest; and
(b) even as regards value given by the holder of the first-mentioned interest with such knowledge.
3. The buyer of an object acquires its interest in it:
(a) subject to an interest registered at the time of its acquisition of that interest; and
(b) free from an unregistered interest even if it has actual knowledge of such an interest.
4. The conditional buyer or lessee acquires its interest in or right over that object:
(a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and
(b) free from an interest not so registered at that time even if it has actual knowledge of that interest.
5. The priority of competing interests or rights under this Article may be varied by agreement between the holders of those interests, but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.
6. Any priority given by this Article to an interest in an object extends to proceeds.
7. This Convention:
(a) does not affect the rights of a person in an item, other than an object, held prior to its installation on an object if under the applicable law those rights continue to exist after the installation; and
(b) does not prevent the creation of rights in an item, other than an object, which has previously been installed on an object where under the applicable law those rights are created.
Article 30 — Effects of insolvency
1. In insolvency proceedings against the debtor an international interest is effective if prior to the commencement of the insolvency proceedings that interest was registered in conformity with this Convention.
2. Nothing in this Article impairs the effectiveness of an international interest in the insolvency proceedings where that interest is effective under the applicable law.
3. Nothing in this Article affects:
(a) any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors; or
(b) any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator.
Chapter IX
Assignments of associated rights
and international interests;
rights of subrogation
Article 31 — Effects of assignment
1. Except as otherwise agreed by the parties, an assignment of associated rights made in conformity with Article 32 also transfers to the assignee:
(a) the related international interest; and
(b) all the interests and priorities of the assignor under this Convention.
2. Nothing in this Convention prevents a partial assignment of the assignor’s associated rights. In the case of such a partial assignment the assignor and assignee may agree as to their respective rights concerning the related international interest assigned under the preceding paragraph but not so as adversely to affect the debtor without its consent.
3. Subject to paragraph 4, the applicable law shall determine the defences and rights of set-off available to the debtor against the assignee.
4. The debtor may at any time by agreement in writing waive all or any of the defences and rights of set-off referred to in the preceding paragraph other than defences arising from fraudulent acts on the part of the assignee.
5. In the case of an assignment by way of security, the assigned associated rights revest in the assignor, to the extent that they are still subsisting, when the obligations secured by the assignment have been discharged.
Article 32 — Formal requirements
of assignment
1. An assignment of associated rights transfers the related international interest only if it:
(a) is in writing;
(b) enables the associated rights to be identified under the contract from which they arise; and
(c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with the Protocol but without the need to state a sum or maximum sum secured.
2. An assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights also are assigned.
3. This Convention does not apply to an assignment of associated rights which is not effective to transfer the related international interest.
Article 33 — Debtor’s duty
to assignee
1. To the extent that associated rights and the related international interest have been transferred in accordance with Articles 31 and 32, the debtor in relation to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assignee, if but only if:
(a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; and
(b) the notice identifies the associated rights.
2. Irrespective of any other ground on which payment or performance by the debtor discharges the latter from liability, payment or performance shall be effective for this purpose if made in accordance with the preceding paragraph.
3. Nothing in this Article shall affect the priority of competing assignments.
Article 34 — Default remedies in respect
of assignment by way of security
In the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 8, 9 and 11 to 14 apply in the relations between the assignor and the assignee (and, in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references:
(a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment;
(b) to the chargee or creditor and chargor or debtor were references to the assignee and assignor;
(c) to the holder of the international interest were references to the assignee; and
(d) to the object were references to the assigned associated rights and the related international interest.
Article 35 — Priority of competing
assignments
1. Where there are competing assignments of associated rights and at least one of the assignments includes the related international interest and is registered, the provisions of Article 29 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment.
2. Article 30 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest.
Article 36 — Assignee’s priority with respect
to associated rights
1. The assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 35 (1) over another assignee of the associated rights:
(a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and
(b) to the extent that the associated rights are related to an object.
2. For the purposes of sub-paragraph (b) of the preceding paragraph, associated rights are related to an object only to the extent that they consist of rights to payment or performance that relate to:
(a) a sum advanced and utilised for the purchase of the object;
(b) a sum advanced and utilised for the purchase of another object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered;
(c) the price payable for the object;
(d) the rentals payable in respect of the object; or
(e) other obligations arising from a transaction referred to in any of the preceding sub-paragraphs.
3. In all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law.
Article 37 — Effects of assignor’s
insolvency
The provisions of Article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor.
Article 38 — Subrogation
1. Subject to paragraph 2, nothing in this Convention affects the acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law.
2. The priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the respective interests but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.
Chapter X
Rights or interests
subject to declarations
by Contracting States
Article 39 — Rights having priority
without registration
1. A Contracting State may at any time, in a declaration deposited with the Depositary of the Protocol declare, generally or specifically:
(a) those categories of non-consensual right or interest (other than a right or interest to which Article 40 applies) which under that State’s law have priority over an interest in an object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and
(b) that nothing in this Convention shall affect the right of a State or State entity, intergovernmental organization or other private provider of public services to arrest or detain an object under the laws of that State for payment of amounts owed to such entity, organization or provider directly relating to those services in respect of that object or another object.
2. A declaration made under the preceding paragraph may be expressed to cover categories that are created after the deposit of that declaration.
3. A non-consensual right or interest has priority over an international interest if and only if the former is of a category covered by a declaration deposited prior to the registration of the international interest.
4. Notwithstanding the preceding paragraph, a Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that a right or interest of a category covered by a declaration made under sub-paragraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of such ratification, acceptance, approval or accession.
Article 40 — Registrable non-consensual
rights or interests
A Contracting State may at any time in a declaration deposited with the Depositary of the Protocol list the categories of non-consensual right or interest which shall be registrable under this Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly. Such a declaration may be modified from time to time.
Chapter XI
Application of the Convention to sales
Article 41 — Sale and prospective sale
This Convention shall apply to the sale or prospective sale of an object as provided for in the Protocol with any modifications therein.
Chapter XII
Jurisdiction
Article 42 — Choice of forum
1. Subject to Articles 43 and 44, the courts of a Contracting State chosen by the parties to a transaction have jurisdiction in respect of any claim brought under this Convention, whether or not the chosen forum has a connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed between the parties.
2. Any such agreement shall be in writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum.
Article 43 — Jurisdiction
under Article 13
1. The courts of a Contracting State chosen by the parties and the courts of the Contracting State on the territory of which the object is situated have jurisdiction to grant relief under Article 13 (1) (a), (b), (c) and Article 13 (4) in respect of that object.
2. Jurisdiction to grant relief under Article 13 (1) (d) or other interim relief by virtue of Article 13 (4) may be exercised either:
(a) by the courts chosen by the parties; or
(b) by the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State.
3. A court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 13 (1) will or may take place in a court of another Contracting State or by arbitration.
Article 44 — Jurisdiction to make orders
against the Registrar
1. The courts of the place in which the Registrar has its centre of administration shall have exclusive jurisdiction to award damages or make orders against the Registrar.
2. Where a person fails to respond to a demand made under Article 25 and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to procure discharge of the registration, the courts referred to in the preceding paragraph shall have exclusive jurisdiction, on the application of the debtor or intending debtor, to make an order directed to the Registrar requiring the Registrar to discharge the registration.
3. Where a person fails to comply with an order of a court having jurisdiction under this Convention or, in the case of a national interest, an order of a court of competent jurisdiction requiring that person to procure the amendment or discharge of a registration, the courts referred to in paragraph 1 may direct the Registrar to take such steps as will give effect to that order.
4. Except as otherwise provided by the preceding paragraphs, no court may make orders or give judgments or rulings against or purporting to bind the Registrar.
Article 45 — Jurisdiction in respect
of insolvency proceedings
The provisions of this Chapter are not applicable to insolvency proceedings.
Chapter XIII
Relationship with other Conventions
Article 45 bis — Relationship with the United Nations Convention on the Assignment of Receivables
in International Trade
This Convention shall prevail over the United Nations Convention on the Assignment of Receivables in International Trade, opened for signature in New York on 12 December 2001, as it relates to the assignment of receivables which are associated rights related to international interests in aircraft objects, railway rolling stock and space assets.
Article 46 — Relationship with the
Unidroit Convention
on International Financial Leasing
The Protocol may determine the relationship between this Convention and the Unidroit Convention on International Financial Leasing, signed at Ottawa on 28 May 1988.
Chapter XIV
Final provisions
Article 47 — Signature, ratification,
acceptance, approval or accession
1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, the Convention shall be open to all States for signature at the Headquarters of the International Institute for the Unification of Private Law (Unidroit) in Rome until it enters into force in accordance with Article 49.
2. This Convention shall be subject to ratification, acceptance or approval by States which have signed it.
3. Any State which does not sign this Convention may accede to it at any time.
4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depositary.
Article 48 — Regional Economic Integration
Organizations
1. A Regional Economic Integration Organization which is constituted by sovereign States and has competence over certain matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organization shall in that case have the rights and obligations of a Contracting State, to the extent that that Organization has competence over matters governed by this Convention. Where the number of Contracting States is relevant in this Convention, the Regional Economic Integration Organization shall not count as a Contracting State in addition to its Member States which are Contracting States.
2. The Regional Economic Integration Organization shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by this Convention in respect of which competence has been transferred to that Organization by its Member States. The Regional Economic Integration Organization shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.
3. Any reference to a “Contracting State” or “Contracting States” or “State Party” or “States Parties” in this Convention applies equally to a Regional Economic Integration Organization where the context so requires.
Article 49 — Entry into force
1. This Convention enters into force on the first day of the month following the expiration of three months after the date of the deposit of the third instrument of ratification, acceptance, approval or accession but only as regards a category of objects to which a Protocol applies:
(a) as from the time of entry into force of that Protocol;
(b) subject to the terms of that Protocol; and
(c) as between States Parties to this Convention and that Protocol.
2. For other States this Convention enters into force on the first day of the month following the expiration of three months after the date of the deposit of their instrument of ratification, acceptance, approval or accession but only as regards a category of objects to which a Protocol applies and subject, in relation to such Protocol, to the requirements of sub‑paragraphs (a), (b) and (c) of the preceding paragraph.
Article 50 — Internal transactions
1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that this Convention shall not apply to a transaction which is an internal transaction in relation to that State with regard to all types of objects or some of them.
2. Notwithstanding the preceding paragraph, the provisions of Articles 8 (4), 9 (1), 16, Chapter V, Article 29, and any provisions of this Convention relating to registered interests shall apply to an internal transaction.
3. Where notice of a national interest has been registered in the International Registry, the priority of the holder of that interest under Article 29 shall not be affected by the fact that such interest has become vested in another person by assignment or subrogation under the applicable law.
Article 51 — Future Protocols
1. The Depositary may create working groups, in co-operation with such relevant non‑governmental organizations as the Depositary considers appropriate, to assess the feasibility of extending the application of this Convention, through one or more Protocols, to objects of any category of high-value mobile equipment, other than a category referred to in Article 2 (3), each member of which is uniquely identifiable, and associated rights relating to such objects.
2. The Depositary shall communicate the text of any preliminary draft Protocol relating to a category of objects prepared by such a working group to all States Parties to this Convention, all member States of the Depositary, member States of the United Nations which are not members of the Depositary and the relevant intergovernmental organizations, and shall invite such States and organizations to participate in intergovernmental negotiations for the completion of a draft Protocol on the basis of such a preliminary draft Protocol.
3. The Depositary shall also communicate the text of any preliminary draft Protocol prepared by such a working group to such relevant non-governmental organizations as the Depositary considers appropriate. Such non-governmental organizations shall be invited promptly to submit comments on the text of the preliminary draft Protocol to the Depositary and to participate as observers in the preparation of a draft Protocol.
4. When the competent bodies of the Depositary adjudge such a draft Protocol ripe for adoption, the Depositary shall convene a diplomatic conference for its adoption.
5. Once such a Protocol has been adopted, subject to paragraph 6, this Convention shall apply to the category of objects covered thereby.
6. Article 45 bis of this Convention applies to such a Protocol only if specifically provided for in that Protocol.
Article 52 — Territorial units
1. If a Contracting State has territorial units in which different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time.
2. Any such declaration shall state expressly the territorial units to which this Convention applies.
3. If a Contracting State has not made any declaration under paragraph 1, this Convention shall apply to all territorial units of that State.
4. Where a Contracting State extends this Convention to one or more of its territorial units, declarations permitted under this Convention may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.
5. If by virtue of a declaration under paragraph 1, this Convention extends to one or more territorial units of a Contracting State:
(a) the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which this Convention applies or if it has its registered office or statutory seat, centre of administration, place of business or habitual residence in a territorial unit to which this Convention applies;
(b) any reference to the location of the object in a Contracting State refers to the location of the object in a territorial unit to which this Convention applies; and
(c) any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which this Convention applies.
Article 53 — Determination of courts
A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare the relevant “court” or “courts” for the purposes of Article 1 and Chapter XII of this Convention.
Article 54 — Declarations regarding remedies
1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that while the charged object is situated within, or controlled from its territory the chargee shall not grant a lease of the object in that territory.
2. A Contracting State shall, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare whether or not any remedy available to the creditor under any provision of this Convention which is not there expressed to require application to the court may be exercised only with leave of the court.
Article 55 — Declarations regarding
relief pending final determination
A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that it will not apply the provisions of Article 13 or Article 43, or both, wholly or in part. The declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied.
Article 56 — Reservations and declarations
1. No reservations may be made to this Convention but declarations authorised by Articles 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60 may be made in accordance with these provisions.
2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Convention shall be notified in writing to the Depositary.
Article 57 — Subsequent declarations
1. A State Party may make a subsequent declaration, other than a declaration authorised under Article 60, at any time after the date on which this Convention has entered into force for it, by notifying the Depositary to that effect.
2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depositary.
3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration.
Article 58 — Withdrawal of declarations
1. Any State Party having made a declaration under this Convention, other than a declaration authorised under Article 60, may withdraw it at any time by notifying the Depositary. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary.
2. Notwithstanding the previous paragraph, this Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawal.
Article 59 — Denunciations
1. Any State Party may denounce this Convention by notification in writing to the Depositary.
2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which notification is received by the Depositary.
3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation.
Article 60 — Transitional provisions
1. Unless otherwise declared by a Contracting State at any time, the Convention does not apply to a pre-existing right or interest, which retains the priority it enjoyed under the applicable law before the effective date of this Convention.
2. For the purposes of Article 1 (v) and of determining priority under this Convention:
(a) “effective date of this Convention” means in relation to a debtor the time when this Convention enters into force or the time when the State in which the debtor is situated becomes a Contracting State, whichever is the later; and
(b) the debtor is situated in a State where it has its centre of administration or, if it has no centre of administration, its place of business or, if it has more than one place of business, its principal place of business or, if it has no place of business, its habitual residence.
3. A Contracting State may in its declaration under paragraph 1 specify a date, not earlier than three years after the date on which the declaration becomes effective, when this Convention and the Protocol will become applicable, for the purpose of determining priority, including the protection of any existing priority, to pre-existing rights or interests arising under an agreement made at a time when the debtor was situated in a State referred to in sub-paragraph (b) of the preceding paragraph but only to the extent and in the manner specified in its declaration.
Article 61 — Review Conferences,
amendments and related matters
1. The Depositary shall prepare reports yearly or at such other time as the circumstances may require for the States Parties as to the manner in which the international regimen established in this Convention has operated in practice. In preparing such reports, the Depositary shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system.
2. At the request of not less than twenty-five per cent of the States Parties, Review Conferences of States Parties shall be convened from time to time by the Depositary, in consultation with the Supervisory Authority, to consider:
(a) the practical operation of this Convention and its effectiveness in facilitating the asset‑based financing and leasing of the objects covered by its terms;
(b) the judicial interpretation given to, and the application made of the terms of this Convention and the regulations;
(c) the functioning of the international registration system, the performance of the Registrar and its oversight by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and
(d) whether any modifications to this Convention or the arrangements relating to the International Registry are desirable.
3. Subject to paragraph 4, any amendment to this Convention shall be approved by at least a two-thirds majority of States Parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect of States which have ratified, accepted or approved such amendment when ratified, accepted, or approved by three States in accordance with the provisions of Article 49 relating to its entry into force.
4. Where the proposed amendment to this Convention is intended to apply to more than one category of equipment, such amendment shall also be approved by at least a two-thirds majority of States Parties to each Protocol that are participating in the Conference referred to in paragraph 2.
Article 62 — Depositary and its functions
1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of Private Law (Unidroit), which is hereby designated the Depositary.
2. The Depositary shall:
(a) inform all Contracting States of:
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof,
(ii) the date of entry into force of this Convention,
(iii) each declaration made in accordance with this Convention, together with the date thereof,
(iv) the withdrawal or amendment of any declaration, together with the date thereof, and
(v) the notification of any denunciation of this Convention together with the date thereof and the date on which it takes effect;
(b) transmit certified true copies of this Convention to all Contracting States;
(c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and
(d) perform such other functions customary for depositaries.
In witness whereof the undersigned Plenipotentiaries, having been duly authorised, have signed this Convention.
Done at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.
Schedule 2
PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS
IN MOBILE EQUIPMENT
IN MATTERS SPECIFIC
TO AIRCRAFT EQUIPMENT
THE STATES PARTIES TO THIS PROTOCOL,
Considering it necessary to implement the Convention on International Interests in Mobile Equipment (hereinafter referred to as “the Convention”) as it relates to aircraft equipment, in the light of the purposes set out in the preamble to the Convention,
Mindful of the need to adapt the Convention to meet the particular requirements of aircraft finance and to extend the sphere of application of the Convention to include contracts of sale of aircraft equipment,
Mindful of the principles and objectives of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944,
Have Agreed upon the following provisions relating to aircraft equipment:
Chapter I
Sphere of application
and general provisions
Article I — Defined terms
1. In this Protocol, except where the context otherwise requires, terms used in it have the meanings set out in the Convention.
2. In this Protocol the following terms are employed with the meanings set out below:
(a) “aircraft” means aircraft as defined for the purposes of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters;
(b) “aircraft engines” means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and:
(i) in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent, and
(ii) in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent,
together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto;
(c) “aircraft objects” means airframes, aircraft engines and helicopters;
(d) “aircraft register” means a register maintained by a State or a common mark registering authority for the purposes of the Chicago Convention;
(e) “airframes” means airframes (other than those used in military, customs or police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport:
(i) at least eight (8) persons including crew, or
(ii) goods in excess of 2750 kilograms,
together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto;
(f) “authorised party” means the party referred to in Article XIII (3);
(g) “Chicago Convention” means the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, as amended, and its Annexes;
(h) “common mark registering authority” means the authority maintaining a register in accordance with Article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December 1967 by the Council of the International Civil Aviation Organization on nationality and registration of aircraft operated by international operating agencies;
(i) “de-registration of the aircraft” means deletion or removal of the registration of the aircraft from its aircraft register in accordance with the Chicago Convention;
(j) “guarantee contract” means a contract entered into by a person as guarantor;
(k) “guarantor” means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance;
(l) “helicopters” means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more power‑driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport:
(i) at least five (5) persons including crew, or
(ii) goods in excess of 450 kilograms,
together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto;
(m) “insolvency-related event” means:
(i) the commencement of the insolvency proceedings, or
(ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under the Convention is prevented or suspended by law or State action;
(n) “primary insolvency jurisdiction” means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise;
(o) “registry authority” means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for the registration and de‑registration of an aircraft in accordance with the Chicago Convention; and
(p) “State of registry” means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register.
Article II — Application of Convention
as regards aircraft objects
1. The Convention shall apply in relation to aircraft objects as provided by the terms of this Protocol.
2. The Convention and this Protocol shall be known as the Convention on International Interests in Mobile Equipment as applied to aircraft objects.
Article III — Application of Convention
to sales
The following provisions of the Convention apply as if references to an agreement creating or providing for an international interest were references to a contract of sale and as if references to an international interest, a prospective international interest, the debtor and the creditor were references to a sale, a prospective sale, the seller and the buyer respectively:
Articles 3 and 4;
Article 16 (1) (a);
Article 19 (4);
Article 20 (1) (as regards registration of a contract of sale or a prospective sale);
Article 25 (2) (as regards a prospective sale); and
Article 30.
In addition, the general provisions of Article 1, Article 5, Chapters IV to VII, Article 29 (other than Article 29 (3) which is replaced by Article XIV (1) and (2)), Chapter X, Chapter XII (other than Article 43), Chapter XIII and Chapter XIV (other than Article 60) shall apply to contracts of sale and prospective sales.
Article IV — Sphere of application
1. Without prejudice to Article 3 (1) of the Convention, the Convention shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement.
2. For the purposes of the definition of “internal transaction” in Article 1 of the Convention:
(a) an airframe is located in the State of registry of the aircraft of which it is a part;
(b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and
(c) a helicopter is located in its State of registry,
at the time of the conclusion of the agreement creating or providing for the interest.
3. The parties may, by agreement in writing, exclude the application of Article XI and, in their relations with each other, derogate from or vary the effect of any of the provisions of this Protocol except Article IX (2) - (4).
Article V — Formalities, effects
and registration of contracts of sale
1. For the purposes of this Protocol, a contract of sale is one which:
(a) is in writing;
(b) relates to an aircraft object of which the seller has power to dispose; and
(c) enables the aircraft object to be identified in conformity with this Protocol.
2. A contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms.
3. Registration of a contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged or until expiry of the period, if any, specified in the registration.
Article VI — Representative capacities
A person may enter into an agreement or a sale, and register an international interest in, or a sale of, an aircraft object, in an agency, trust or other representative capacity. In such case, that person is entitled to assert rights and interests under the Convention.
Article VII — Description of aircraft objects
A description of an aircraft object that contains its manufacturer’s serial number, the name of the manufacturer and its model designation is necessary and sufficient to identify the object for the purposes of Article 7 (c) of the Convention and Article V (1) (c) of this Protocol.
Article VIII — Choice of law
1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).
2. The parties to an agreement, or a contract of sale, or a related guarantee contract or subordination agreement may agree on the law which is to govern their contractual rights and obligations, wholly or in part.
3. Unless otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties is to the domestic rules of law of the designated State or, where that State comprises several territorial units, to the domestic law of the designated territorial unit.
Chapter II
Default remedies, priorities
and assignments
Article IX — Modification of default
remedies provisions
1. In addition to the remedies specified in Chapter III of the Convention, the creditor may, to the extent that the debtor has at any time so agreed and in the circumstances specified in that Chapter:
(a) procure the de-registration of the aircraft; and
(b) procure the export and physical transfer of the aircraft object from the territory in which it is situated.
2. The creditor shall not exercise the remedies specified in the preceding paragraph without the prior consent in writing of the holder of any registered interest ranking in priority to that of the creditor.
3. Article 8 (3) of the Convention shall not apply to aircraft objects. Any remedy given by the Convention in relation to an aircraft object shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the agreement except where such a provision is manifestly unreasonable.
4. A chargee giving ten or more working days’ prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing “reasonable prior notice” specified in Article 8 (4) of the Convention. The foregoing shall not prevent a chargee and a chargor or a guarantor from agreeing to a longer period of prior notice.
5. The registry authority in a Contracting State shall, subject to any applicable safety laws and regulations, honour a request for de-registration and export if:
(a) the request is properly submitted by the authorised party under a recorded irrevocable de-registration and export request authorization; and
(b) the authorised party certifies to the registry authority, if required by that authority, that all registered interests ranking in priority to that of the creditor in whose favour the authorization has been issued have been discharged or that the holders of such interests have consented to the de-registration and export.
6. A chargee proposing to procure the de-registration and export of an aircraft under paragraph 1 otherwise than pursuant to a court order shall give reasonable prior notice in writing of the proposed de-registration and export to:
(a) interested persons specified in Article 1 (m) (i) and (ii) of the Convention; and
(b) interested persons specified in Article 1 (m) (iii) of the Convention who have given notice of their rights to the chargee within a reasonable time prior to the de-registration and export.
Article X — Modification of provisions
regarding relief pending final determination
1. This Article applies only where a Contracting State has made a declaration under Article XXX (2) and to the extent stated in such declaration.
2. For the purposes of Article 13 (1) of the Convention, “speedy” in the context of obtaining relief means within such number of working days from the date of filing of the application for relief as is specified in a declaration made by the Contracting State in which the application is made.
3. Article 13 (1) of the Convention applies with the following being added immediately after sub‑paragraph (d):
(e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom,
and Article 43 (2) applies with the insertion after the words “Article 13 (1) (d)” of the words “and (e)”.
4. Ownership or any other interest of the debtor passing on a sale under the preceding paragraph is free from any other interest over which the creditor’s international interest has priority under the provisions of Article 29 of the Convention.
5. The creditor and the debtor or any other interested person may agree in writing to exclude the application of Article 13 (2) of the Convention.
6. With regard to the remedies in Article IX (1):
(a) they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State no later than five working days after the creditor notifies such authorities that the relief specified in Article IX (1) is granted or, in the case of relief granted by a foreign court, recognised by a court of that Contracting State, and that the creditor is entitled to procure those remedies in accordance with the Convention; and
(b) the applicable authorities shall expeditiously co-operate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.
7. Paragraphs 2 and 6 shall not affect any applicable aviation safety laws and regulations.
Article XI — Remedies on insolvency
1. This Article applies only where a Contracting State that is the primary insolvency jurisdiction has made a declaration pursuant to Article XXX (3).
Alternative A
2. Upon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, shall, subject to paragraph 7, give possession of the aircraft object to the creditor no later than the earlier of:
(a) the end of the waiting period; and
(b) the date on which the creditor would be entitled to possession of the aircraft object if this Article did not apply.
3. For the purposes of this Article, the “waiting period” shall be the period specified in a declaration of the Contracting State which is the primary insolvency jurisdiction.
4. References in this Article to the “insolvency administrator” shall be to that person in its official, not in its personal, capacity.
5. Unless and until the creditor is given the opportunity to take possession under paragraph 2:
(a) the insolvency administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordance with the agreement; and
(b) the creditor shall be entitled to apply for any other forms of interim relief available under the applicable law.
6. Sub-paragraph (a) of the preceding paragraph shall not preclude the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain it and its value.
7. The insolvency administrator or the debtor, as applicable, may retain possession of the aircraft object where, by the time specified in paragraph 2, it has cured all defaults other than a default constituted by the opening of insolvency proceedings and has agreed to perform all future obligations under the agreement. A second waiting period shall not apply in respect of a default in the performance of such future obligations.
8. With regard to the remedies in Article IX (1):
(a) they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, no later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with the Convention; and
(b) the applicable authorities shall expeditiously co-operate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.
9. No exercise of remedies permitted by the Convention or this Protocol may be prevented or delayed after the date specified in paragraph 2.
10. No obligations of the debtor under the agreement may be modified without the consent of the creditor.
11. Nothing in the preceding paragraph shall be construed to affect the authority, if any, of the insolvency administrator under the applicable law to terminate the agreement.
12. No rights or interests, except for non-consensual rights or interests of a category covered by a declaration pursuant to Article 39 (1), shall have priority in insolvency proceedings over registered interests.
13. The Convention as modified by Article IX of this Protocol shall apply to the exercise of any remedies under this Article.
Alternative B
2. Upon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, upon the request of the creditor, shall give notice to the creditor within the time specified in a declaration of a Contracting State pursuant to Article XXX (3) whether it will:
(a) cure all defaults other than a default constituted by the opening of insolvency proceedings and agree to perform all future obligations, under the agreement and related transaction documents; or
(b) give the creditor the opportunity to take possession of the aircraft object, in accordance with the applicable law.
3. The applicable law referred to in sub-paragraph (b) of the preceding paragraph may permit the court to require the taking of any additional step or the provision of any additional guarantee.
4. The creditor shall provide evidence of its claims and proof that its international interest has been registered.
5. If the insolvency administrator or the debtor, as applicable, does not give notice in conformity with paragraph 2, or when the insolvency administrator or the debtor has declared that it will give the creditor the opportunity to take possession of the aircraft object but fails to do so, the court may permit the creditor to take possession of the aircraft object upon such terms as the court may order and may require the taking of any additional step or the provision of any additional guarantee.
6. The aircraft object shall not be sold pending a decision by a court regarding the claim and the international interest.
Article XII — Insolvency
assistance
1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).
2. The courts of a Contracting State in which an aircraft object is situated shall, in accordance with the law of the Contracting State, co-operate to the maximum extent possible with foreign courts and foreign insolvency administrators in carrying out the provisions of Article XI.
Article XIII — De-registration
and export request authorization
1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).
2. Where the debtor has issued an irrevocable de-registration and export request authorization substantially in the form annexed to this Protocol and has submitted such authorization for recordation to the registry authority, that authorization shall be so recorded.
3. The person in whose favour the authorization has been issued (the “authorised party”) or its certified designee shall be the sole person entitled to exercise the remedies specified in Article IX (1) and may do so only in accordance with the authorization and applicable aviation safety laws and regulations. Such authorization may not be revoked by the debtor without the consent in writing of the authorised party. The registry authority shall remove an authorization from the registry at the request of the authorised party.
4. The registry authority and other administrative authorities in Contracting States shall expeditiously co-operate with and assist the authorised party in the exercise of the remedies specified in Article IX.
Article XIV — Modification of
priority provisions
1. A buyer of an aircraft object under a registered sale acquires its interest in that object free from an interest subsequently registered and from an unregistered interest, even if the buyer has actual knowledge of the unregistered interest.
2. A buyer of an aircraft object acquires its interest in that object subject to an interest registered at the time of its acquisition.
3. Ownership of or another right or interest in an aircraft engine shall not be affected by its installation on or removal from an aircraft.
4. Article 29 (7) of the Convention applies to an item, other than an object, installed on an airframe, aircraft engine or helicopter.
Article XV — Modification
of assignment provisions
Article 33 (1) of the Convention applies as if the following were added immediately after sub‑paragraph (b):
“and (c) the debtor has consented in writing, whether or not the consent is given in advance of the assignment or identifies the assignee.”
Article XVI — Debtor provisions
1. In the absence of a default within the meaning of Article 11 of the Convention, the debtor shall be entitled to the quiet possession and use of the object in accordance with the agreement as against:
(a) its creditor and the holder of any interest from which the debtor takes free pursuant to Article 29 (4) of the Convention or, in the capacity of buyer, Article XIV (1) of this Protocol, unless and to the extent that the debtor has otherwise agreed; and
(b) the holder of any interest to which the debtor’s right or interest is subject pursuant to Article 29 (4) of the Convention or, in the capacity of buyer, Article XIV (2) of this Protocol, but only to the extent, if any, that such holder has agreed.
2. Nothing in the Convention or this Protocol affects the liability of a creditor for any breach of the agreement under the applicable law in so far as that agreement relates to an aircraft object.
Chapter III
Registry provisions
relating to
international interests
in aircraft objects
Article XVII — The Supervisory Authority
and the Registrar
1. The Supervisory Authority shall be the international entity designated by a Resolution adopted by the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol.
2. Where the international entity referred to in the preceding paragraph is not able and willing to act as Supervisory Authority, a Conference of Signatory and Contracting States shall be convened to designate another Supervisory Authority.
3. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise.
4. The Supervisory Authority may establish a commission of experts, from among persons nominated by Signatory and Contracting States and having the necessary qualifications and experience, and entrust it with the task of assisting the Supervisory Authority in the discharge of its functions.
5. The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of this Protocol. Thereafter, the Registrar shall be appointed or reappointed at regular five-yearly intervals by the Supervisory Authority.
Article XVIII — First regulations
The first regulations shall be made by the Supervisory Authority so as to take effect upon the entry into force of this Protocol.
Article XIX — Designated
entry points
1. Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State.
2. A designation made under the preceding paragraph may permit, but not compel, use of a designated entry point or entry points for information required for registrations in respect of aircraft engines.
Article XX — Additional modifications
to Registry provisions
1. For the purposes of Article 19 (6) of the Convention, the search criteria for an aircraft object shall be the name of its manufacturer, its manufacturer’s serial number and its model designation, supplemented as necessary to ensure uniqueness. Such supplementary information shall be specified in the regulations.
2. For the purposes of Article 25 (2) of the Convention and in the circumstances there described, the holder of a registered prospective international interest or a registered prospective assignment of an international interest or the person in whose favour a prospective sale has been registered shall take such steps as are within its power to procure the discharge of the registration no later than five working days after the receipt of the demand described in such paragraph.
3. The fees referred to in Article 17 (2) (h) of the Convention shall be determined so as to recover the reasonable costs of establishing, operating and regulating the International Registry and the reasonable costs of the Supervisory Authority associated with the performance of the functions, exercise of the powers, and discharge of the duties contemplated by Article 17 (2) of the Convention.
4. The centralised functions of the International Registry shall be operated and administered by the Registrar on a twenty-four hour basis. The various entry points shall be operated at least during working hours in their respective territories.
5. The amount of the insurance or financial guarantee referred to in Article 28 (4) of the Convention shall, in respect of each event, not be less than the maximum value of an aircraft object as determined by the Supervisory Authority.
6. Nothing in the Convention shall preclude the Registrar from procuring insurance or a financial guarantee covering events for which the Registrar is not liable under Article 28 of the Convention.
Chapter IV
Jurisdiction
Article XXI — Modification of jurisdiction
provisions
For the purposes of Article 43 of the Convention and subject to Article 42 of the Convention, a court of a Contracting State also has jurisdiction where the object is a helicopter, or an airframe pertaining to an aircraft, for which that State is the State of registry.
Article XXII — Waivers of sovereign
immunity
1. Subject to paragraph 2, a waiver of sovereign immunity from jurisdiction of the courts specified in Article 42 or Article 43 of the Convention or relating to enforcement of rights and interests relating to an aircraft object under the Convention shall be binding and, if the other conditions to such jurisdiction or enforcement have been satisfied, shall be effective to confer jurisdiction and permit enforcement, as the case may be.
2. A waiver under the preceding paragraph must be in writing and contain a description of the aircraft object.
Chapter V
Relationship with other conventions
Article XXIII — Relationship with the
Convention on the International Recognition
of Rights in Aircraft
The Convention shall, for a Contracting State that is a party to the Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June 1948, supersede that Convention as it relates to aircraft, as defined in this Protocol, and to aircraft objects. However, with respect to rights or interests not covered or affected by the present Convention, the Geneva Convention shall not be superseded.
Article XXIV — Relationship with the
Convention for the Unification of Certain Rules
Relating to the Precautionary Attachment of Aircraft
1. The Convention shall, for a Contracting State that is a Party to the Convention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft, signed at Rome on 29 May 1933, supersede that Convention as it relates to aircraft, as defined in this Protocol.
2. A Contracting State Party to the above Convention may declare, at the time of ratification, acceptance, approval of, or accession to this Protocol, that it will not apply this Article.
Article XXV — Relationship with the Unidroit Convention on International Financial Leasing
The Convention shall supersede the Unidroit Convention on International Financial Leasing, signed at Ottawa on 28 May 1988, as it relates to aircraft objects.
Chapter VI
Final provisions
Article XXVI — Signature, ratification,
acceptance, approval or accession
1. This Protocol shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, this Protocol shall be open to all States for signature at the Headquarters of the International Institute for the Unification of Private Law (Unidroit) in Rome until it enters into force in accordance with Article XXVIII.
2. This Protocol shall be subject to ratification, acceptance or approval by States which have signed it.
3. Any State which does not sign this Protocol may accede to it at any time.
4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depositary.
5. A State may not become a Party to this Protocol unless it is or becomes also a Party to the Convention.
Article XXVII — Regional Economic
Integration Organizations
1. A Regional Economic Integration Organization which is constituted by sovereign States and has competence over certain matters governed by this Protocol may similarly sign, accept, approve or accede to this Protocol. The Regional Economic Integration Organization shall in that case have the rights and obligations of a Contracting State, to the extent that that Organization has competence over matters governed by this Protocol. Where the number of Contracting States is relevant in this Protocol, the Regional Economic Integration Organization shall not count as a Contracting State in addition to its Member States which are Contracting States.
2. The Regional Economic Integration Organization shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by this Protocol in respect of which competence has been transferred to that Organization by its Member States. The Regional Economic Integration Organization shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.
3. Any reference to a “Contracting State” or “Contracting States” or “State Party” or “States Parties” in this Protocol applies equally to a Regional Economic Integration Organization where the context so requires.
Article XXVIII — Entry into force
1. This Protocol enters into force on the first day of the month following the expiration of three months after the date of the deposit of the eighth instrument of ratification, acceptance, approval or accession, between the States which have deposited such instruments.
2. For other States this Protocol enters into force on the first day of the month following the expiration of three months after the date of the deposit of its instrument of ratification, acceptance, approval or accession.
Article XXIX — Territorial units
1. If a Contracting State has territorial units in which different systems of law are applicable in relation to the matters dealt with in this Protocol, it may, at the time of ratification, acceptance, approval or accession, declare that this Protocol is to extend to all its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time.
2. Any such declaration shall state expressly the territorial units to which this Protocol applies.
3. If a Contracting State has not made any declaration under paragraph 1, this Protocol shall apply to all territorial units of that State.
4. Where a Contracting State extends this Protocol to one or more of its territorial units, declarations permitted under this Protocol may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.
5. If by virtue of a declaration under paragraph 1, this Protocol extends to one or more territorial units of a Contracting State:
(a) the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which the Convention and this Protocol apply or if it has its registered office or statutory seat, centre of administration, place of business or habitual residence in a territorial unit to which the Convention and this Protocol apply;
(b) any reference to the location of the object in a Contracting State refers to the location of the object in a territorial unit to which the Convention and this Protocol apply; and
(c) any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which the Convention and this Protocol apply and any reference to the national register or to the registry authority in that Contracting State shall be construed as referring to the aircraft register in force or to the registry authority having jurisdiction in the territorial unit or units to which the Convention and this Protocol apply.
Article XXX — Declarations relating to
certain provisions
1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply any one or more of Articles VIII, XII and XIII of this Protocol.
2. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply Article X of this Protocol, wholly or in part. If it so declares with respect to Article X (2), it shall specify the time-period required thereby.
3. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply the entirety of Alternative A, or the entirety of Alternative B of Article XI and, if so, shall specify the types of insolvency proceeding, if any, to which it will apply Alternative A and the types of insolvency proceeding, if any, to which it will apply Alternative B. A Contracting State making a declaration pursuant to this paragraph shall specify the time-period required by Article XI.
4. The courts of Contracting States shall apply Article XI in conformity with the declaration made by the Contracting State which is the primary insolvency jurisdiction.
5. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will not apply the provisions of Article XXI, wholly or in part. The declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied.
Article XXXI — Declarations under the Convention
Declarations made under the Convention, including those made under Articles 39, 40, 50, 53, 54, 55, 57, 58 and 60 of the Convention, shall be deemed to have also been made under this Protocol unless stated otherwise.
Article XXXII — Reservations and declarations
1. No reservations may be made to this Protocol but declarations authorised by Articles XXIV, XXIX, XXX, XXXI, XXXIII and XXXIV may be made in accordance with these provisions.
2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Protocol shall be notified in writing to the Depositary.
Article XXXIII — Subsequent declarations
1. A State Party may make a subsequent declaration, other than a declaration made in accordance with Article XXXI under Article 60 of the Convention, at any time after the date on which this Protocol has entered into force for it, by notifying the Depositary to that effect.
2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depositary.
3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration.
Article XXXIV — Withdrawal of declarations
1. Any State Party having made a declaration under this Protocol, other than a declaration made in accordance with Article XXXI under Article 60 of the Convention, may withdraw it at any time by notifying the Depositary. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary.
2. Notwithstanding the previous paragraph, this Protocol shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawal.
Article XXXV — Denunciations
1. Any State Party may denounce this Protocol by notification in writing to the Depositary.
2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the Depositary.
3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation.
Article XXXVI — Review Conferences,
amendments and related matters
1. The Depositary, in consultation with the Supervisory Authority, shall prepare reports yearly, or at such other time as the circumstances may require, for the States Parties as to the manner in which the international regime established in the Convention as amended by this Protocol has operated in practice. In preparing such reports, the Depositary shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system.
2. At the request of not less than twenty-five per cent of the States Parties, Review Conferences of the States Parties shall be convened from time to time by the Depositary, in consultation with the Supervisory Authority, to consider:
(a) the practical operation of the Convention as amended by this Protocol and its effectiveness in facilitating the asset‑based financing and leasing of the objects covered by its terms;
(b) the judicial interpretation given to, and the application made of the terms of this Protocol and the regulations;
(c) the functioning of the international registration system, the performance of the Registrar and its oversight by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and
(d) whether any modifications to this Protocol or the arrangements relating to the International Registry are desirable.
3. Any amendment to this Protocol shall be approved by at least a two-thirds majority of States Parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect of States which have ratified, accepted or approved such amendment when it has been ratified, accepted or approved by eight States in accordance with the provisions of Article XXVIII relating to its entry into force.
Article XXXVII — Depositary
and its functions
1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of Private Law (Unidroit), which is hereby designated the Depositary.
2. The Depositary shall:
(a) inform all Contracting States of:
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof,
(ii) the date of entry into force of this Protocol,
(iii) each declaration made in accordance with this Protocol, together with the date thereof,
(iv) the withdrawal or amendment of any declaration, together with the date thereof, and
(v) the notification of any denunciation of this Protocol together with the date thereof and the date on which it takes effect;
(b) transmit certified true copies of this Protocol to all Contracting States;
(c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and
(d) perform such other functions customary for depositaries.
In Witness Whereof the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol.
Done at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.
Annex
FORM OF IRREVOCABLE
DE-REGISTRATION AND EXPORT
REQUEST AUTHORIZATION
Annex referred to in Article XIII
[Insert Date]
To: [Insert Name of Registry Authority]
Re: Irrevocable De-Registration and Export Request Authorization
The undersigned is the registered [operator] [owner]* of the [insert the airframe/helicopter manufacturer name and model number] bearing manufacturers serial number [insert manufacturer’s serial number] and registration [number] [mark] [insert registration number/mark] (together with all installed, incorporated or attached accessories, parts and equipment, the “aircraft”).
This instrument is an irrevocable de-registration and export request authorization issued by the undersigned in favour of [insert name of creditor] (“the authorised party”) under the authority of Article XIII of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment. In accordance with that Article, the undersigned hereby requests:
(i) recognition that the authorised party or the person it certifies as its designee is the sole person entitled to:
(a) procure the de-registration of the aircraft from the [insert name of aircraft register] maintained by the [insert name of registry authority] for the purposes of Chapter III of the Convention on International Civil Aviation, signed at Chicago, on 7 December 1944, and
(b) procure the export and physical transfer of the aircraft from [insert name of country]; and
(ii) confirmation that the authorised party or the person it certifies as its designee may take the action specified in clause (i) above on written demand without the consent of the undersigned and that, upon such demand, the authorities in [insert name of country] shall co-operate with the authorised party with a view to the speedy completion of such action.
The rights in favour of the authorised party established by this instrument may not be revoked by the undersigned without the written consent of the authorised party.
* Select the term that reflects the relevant nationality registration criterion.
Please acknowledge your agreement to this request and its terms by appropriate notation in the space provided below and lodging this instrument in [insert name of registry authority].
[insert name of operator/owner]
________________________
Agreed to and lodged this [insert date]
By: [insert name of signatory]
Its: [insert title of signatory]
___________________________
[insert relevant notational details]
SCHEDULE C
AMENDMENTS PROPOSED BY THE
MINISTRY OF CITIZENSHIP
1. The Human Rights Code is amended by striking out “board of inquiry” and “board” wherever they appear in the following provisions and substituting in each case “Tribunal”:
1. Subsection 17 (4), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
2. Clause 29 (i), as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 65.
3. Subsections 33 (5) and (6), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
4. Subsection 35 (2), as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 65.
5. Subsections 35 (3), (4), (5), (6), (7) and (8), as enacted by the Statutes of Ontario, 1994, chapter 27, section 65.
6. Subsection 36 (1), as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 65.
7. Subsection 36 (2), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
8. Subsections 39 (1) and (2), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
9. Subsection 39 (3).
10. Subsection 39 (4), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
11. Subsection 39 (5).
12. Subsection 39 (6), as enacted by the Statutes of Ontario, 1994, chapter 27, section 65.
13. Subsection 41 (1).
14. Subsection 41 (2), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
15. Subsections 41 (4) and (5).
16. Subsection 42 (1), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
17. Subsections 42 (2) and (3).
18. Subsection 44 (1), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
19. Subsection 45 (2), as amended by the Statutes of Ontario, 1994, chapter 27, section 65.
2. (1) Subsection 11 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 65, is amended by striking out “The Commission, the board of inquiry or a court” at the beginning and substituting “The Commission, the Tribunal or a court”.
(2) Subsection 11 (3) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 65, is amended by striking out “The Commission, the board of inquiry or a court” at the beginning and substituting “The Commission, the Tribunal or a court”.
3. (1) Subsection 17 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 65, is amended by striking out “The Commission, the board of inquiry or a court” at the beginning and substituting “The Commission, the Tribunal or a court”.
(2) Subsection 17 (3) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 65, is amended by striking out “The Commission, the board of inquiry or a court” at the beginning and substituting “The Commission, the Tribunal or a court”.
4. (1) Subsection 24 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 65, is amended by striking out “The Commission, the board of inquiry or a court” at the beginning and substituting “The Commission, the Tribunal or a court”.
(2) Subsection 24 (3) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 65, is amended by striking out “The Commission, the board of inquiry or a court” at the beginning and substituting “The Commission, the Tribunal or a court”.
5. Subsection 26 (3) of the Act is amended by striking out “a board of inquiry” and substituting “the Tribunal”.
6. Subsection 35 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 65, is repealed and the following substituted:
Human Rights Tribunal of Ontario
(1) The board of inquiry established under this section as it read immediately before the day the Government Efficiency Act, 2002 receives Royal Assent is continued under the name Human Rights Tribunal of Ontario in English and Tribunal des droits de la personne de l’Ontario in French and shall be composed of such members as are appointed by the Lieutenant Governor in Council.
7. (1) The definition of “board of inquiry” in section 46 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 65, is repealed.
(2) Section 46 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 65, is amended by adding the following definition:
“Tribunal” means the Human Rights Tribunal of Ontario continued under section 35. (“Tribunal”)
8. This Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
SCHEDULE D
AMENDMENTS PROPOSED BY THE
MINISTRY OF COMMUNITY, FAMILY AND CHILDREN’S SERVICES
Child and Family
Services Act
1. Subsection 15 (5) of the Child and Family Services Act is repealed.
Ontario Disability Support
Program Act, 1997
2. (1) Clause 53 (2) (b) of the Ontario Disability Support Program Act, 1997 is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.
(2) Clause 53 (2) (c) of the Act is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.
(3) Subsection 55 (13) of the Act is amended by striking out “Despite subsection (1)” at the beginning and substituting “Despite subsection (12)”.
Ontario Works
Act, 1997
3. (1) Clause 71 (2) (b) of the Ontario Works Act, 1997 is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.
(2) Clause 71 (2) (c) of the Act is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.
(3) Clause 72 (2) (b) of the Act is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.
(4) Clause 72 (2) (c) of the Act is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.
Commencement
Commencement
4. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Subsections 2 (1) and (2) and section 3 shall be deemed to have come into force on June 28, 2002.
SCHEDULE E
AMENDMENTS PROPOSED BY THE
MINISTRY OF CONSUMER AND
BUSINESS SERVICES
Alcohol and Gaming Regulation
and Public Protection
Act, 1996
1. Subsection 8 (2) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 is repealed and the following substituted:
Money from the Ontario Lottery and Gaming Corporation
(2) Subject to the approval of the Management Board of Cabinet, the board of the Commission may direct the Ontario Lottery and Gaming Corporation to pay to the Commission such money as the board directs, and that money may be used for the purposes of the Commission.
Boundaries Act
2. Subsection 5 (2) of the Boundaries Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 2000, chapter 26, Schedule B, section 2, is repealed and the following substituted:
Costs
(2) Where the Director initiates a proceeding under subsection (1), the costs of the proceeding, including incidental costs, may, on application to the Director, be paid out of The Land Titles Assurance Fund established under the Land Titles Act, and subsections 56 (2) to (5) of that Act apply to an application under this subsection.
Collection Agencies Act
3. (1) Clause 22 (b) of the Collection Agencies Act is repealed and the following substituted:
(b) communicate or attempt to communicate with a person for the purpose of collecting, negotiating or demanding payment of a debt by a means that enables the charges or costs of the communication to be payable by that person;
(2) The Act is amended by adding the following section:
No waiver of rights
22.1 Any waiver or release of any right, benefit or protection provided by this Act or the regulations is void.
Gaming Control Act, 1992
4. (1) The definition of “Commission”, “Director” and “Registrar” in subsection 1 (1) of the Gaming Control Act, 1992, as re-enacted by the Statutes of Ontario, 1996, chapter 26, section 4, is repealed and the following substituted:
“Board” means the board of the Alcohol and Gaming Commission of Ontario established under the Alcohol and Gaming Regulation and Public Protection Act, 1996; (“conseil”)
(2) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 25, section 26, 1996, chapter 26, section 4 and 1999, chapter 12, Schedule L, section 19, is amended by adding the following definition:
“Registrar” means the Registrar of Alcohol and Gaming within the meaning of the Alcohol and Gaming Regulation and Public Protection Act, 1996; (“registrateur”)
(3) Subsection 1 (2) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 26, section 4, is repealed.
(4) The following provisions of the Act are amended by striking out “Commission” or “Commission’s” wherever they appear and substituting in each case “Board” or “Board’s”, as the case may be:
1. Subsections 3.6 (1), (2), (3) and (5).
2. Section 3.7.
3. Clause 22 (2) (b).
(5) The following provisions of the Act are amended by striking out “Director” or “Director’s” wherever they appear and substituting in each case “Registrar” or “Registrar’s”, as the case may be:
1. Subsection 31 (2).
2. Subsections 37 (1), (2), (5) and (6).
3. Subsection 38 (1), clause 38 (2) (a) and subsection 38 (3).
4. Subsections 39 (1), (2), (4) and (5).
5. Subsections 40 (1), (2) and (4).
6. Clauses 41 (4) (a) and (b) and subsection 41 (5).
7. Subsection 42 (1).
(6) The following provisions of the Act are amended by striking out “The Commercial Registration Appeal Tribunal” wherever it appears and substituting in each case “the Board”:
1. Subsection 7 (1).
2. Subsection 13 (2).
3. Subsection 14 (4).
4. Clause 15 (c).
5. Subsection 39 (3).
6. Subsection 40 (3).
7. Subsection 41 (1).
(7) The following provisions of the Act are amended by striking out “the tribunal” and “The tribunal” wherever they appear and substituting in each case “the Board” or “The Board”, as the case may be:
1. Subsections 13 (3), (5), (8), (9) and (10).
2. Subsection 14 (5).
3. Subsection 39 (4).
4. Subsections 40 (4) and (5).
5. Subsections 41 (4), (5) and (6).
(8) Section 16.1 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 35, is repealed.
(9) Subsections 17 (3) and (4) of the Act are repealed and the following substituted:
Rejection of further application
(3) Despite section 13, the Board may, without giving written reasons, reject an application made after the time period specified in subsection (1) if, in the opinion of the Board, the application discloses no substantial new evidence or no material change in circumstances since the refusal, revocation or suspension took effect.
Not statutory power of decision
(4) The Statutory Powers Procedure Act does not apply to the exercise of the power of the Board under subsection (3).
(10) Subsection 31 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 25, section 38, is amended by striking out “The Commission” at the beginning and substituting “The Registrar”.
(11) Subsection 31 (2) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 25, section 38, is amended by striking out “The Commission” at the beginning and substituting “The Registrar”.
(12) Clause 48 (1) (f.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 25, section 43, is repealed.
Land Registration
Reform Act
5. (1) The Land Registration Reform Act is amended by adding the following sections:
Filing of standard terms of agreement
7.1 (1) A person may file with the Director a set of standard terms of agreement in the form and manner required by the Director.
Amendment of set of standard terms of agreement
(2) A set of standard terms of agreement filed under subsection (1) may be amended by filing a further set of standard terms of agreement under subsection (1).
Duties of Director
(3) Where a set of standard terms of agreement is filed under subsection (1), the Director shall,
(a) promptly assign a filing number to the set and advise the person who filed the set of its filing number; and
(b) ensure that copies of the set, identified by its filing number, are provided to the land registry offices for the parts of Ontario designated under this Part within 30 days of the day on which the set was filed.
Public inspection
(4) Every set of standard terms of agreement filed under subsection (1) shall be made available in a manner determined by the Director and upon payment of the required fee for public inspection and copying in the land registry offices for the parts of Ontario designated under this Part on a day not later than 30 days after the day on which the set is filed with the Director.
Electronic filing
(5) The Director may require a person to file standard terms of agreement in an electronic format and may require that the terms of agreement be delivered by direct electronic transmission.
Effect of filing: incorporation by reference
7.2 (1) An agreement shall be deemed to include a set of standard terms of agreement filed under subsection 7.1 (1) if the set is referred to in the agreement by its filing number.
Amendment of standard terms of agreement in individual agreement
(2) A term deemed to be included in an agreement by subsection (1) may, in a schedule to the agreement, be expressly excluded or may be varied by setting out the term, appropriately amended.
Only one set to be incorporated by reference
(3) Where an agreement refers to more than one set of standard terms of agreement by their filing numbers, the agreement shall be deemed to include only the set that was filed last.
Express term governs
(4) Where there is a conflict between an express term in an agreement and a term deemed to be included in the agreement by subsection (1), the express term prevails.
When agreement may be registered
7.3 (1) An agreement that refers to a set of standard terms of agreement filed under subsection 7.1 (1) by the set’s filing number shall not be registered before a copy of the set is available in the land registry office where the agreement is to be registered, as described in subsection 7.1 (4).
Saving
(2) The fact that an agreement is registered in a manner that contravenes subsection (1) does not, in itself, invalidate the registered agreement.
(2) Subsection 12 (1) of the Act is amended by striking out “in the prescribed form and manner” and substituting “in the form and manner required by the Director”.
(3) Clause 14 (1) (c) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 97, is repealed.
Land Titles
Act
6. (1) Subsection 38 (2) of the Land Titles Act is repealed and the following substituted:
Deposit of lease
(2) Every applicant for registration of leasehold land shall deposit with the land registrar,
(a) the lease in respect of which the application is made;
(b) a notarial copy of the lease; or
(c) a notice that sets out the particulars of the lease in a manner specified by the Director of Titles.
Reference to “registered lease”
(2.1) A reference in this Act to a “registered lease” is a reference to a lease, copy or notice deposited under subsection (2).
(2) Section 42 of the Act is repealed and the following substituted:
Notice
42. A notice of an application for first registration is sufficiently served upon a person having an interest by virtue of a conveyance, mortgage, charge or assignment in land adjoining the land of or claimed by the applicant for first registration if it is sent by registered mail addressed to that person at the address appearing on the conveyance, mortgage, charge or assignment, or where no address for that person appears on the conveyance, mortgage, charge, or assignment, to the solicitor whose name appears on the conveyance, mortgage, charge or assignment registered under this Act, the Registry Act or the regulations.
(3) Subsection 54 (1) of the Act is repealed and the following substituted:
Land Titles Assurance Fund
(1) The Land Titles Assurance Fund and The Land Titles Survey Fund are amalgamated and continued under the name The Land Titles Assurance Fund in English and the name Caisse d’assurance des droits immobiliers in French.
(4) Section 56 of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule B, section 12, is repealed and the following substituted:
Financial assistance for surveys
56. (1) An application for financial assistance from The Land Titles Assurance Fund may be made to the Director of Titles by,
(a) a registered owner in respect of the costs of a survey of the owner’s land;
(b) an applicant for first registration under this Act in respect of the costs of a survey of the applicant’s land;
(c) the council of a municipality in respect of the costs of and incidental to an application under section 31;
(d) an applicant under the Boundaries Act in respect of the costs of and incidental to an application under that Act, including survey costs.
Direction for payment
(2) The Director of Titles may direct that all or a part of the costs mentioned in an application made under subsection (1) be paid out of The Land Titles Assurance Fund.
Payment re surveys for property mapping
(3) The Director of Titles may direct that all or part of the costs of a survey of land required to facilitate the inclusion of the land in a property map referred to in subsection 141 (3) be paid out of The Land Titles Assurance Fund.
Payment from Fund
(4) Upon receipt of a direction of the Director of Titles, the Accountant of the Ontario Court shall pay to the person or municipality named in the direction such sum or sums, at such time or times as are stipulated in the direction, out of The Land Titles Assurance Fund, so far as that Fund is sufficient for the purpose.
Determination final
(5) The determination by the Director of Titles of the amount, if any, to be paid from The Land Titles Assurance Fund is not subject to appeal.
(5) Subsection 64 (2) of the Act is amended by striking out “Bankruptcy Act” and substituting “Bankruptcy and Insolvency Act”.
(6) Section 111 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 142, is amended by adding the following subsection:
Documents to deliver
(6.1) Where a notice of an interest may be registered under subsection (6), any of the following may be registered:
1. A notice setting out the particulars of the interest.
2. A notice accompanied by the original document creating the interest.
3. A notice accompanied by a notarial copy of the document creating the interest.
(7) Subsection 126 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 147, is amended by striking out “Minister of Revenue” and substituting “Minister of Finance”.
(8) Subsection 126 (2) of the Act is repealed and the following substituted:
Where consent of Minister not required
(2) Despite subsection (1), the consent of the Minister of Finance is not required to be attached to or endorsed on the application for transmission of interest or application for entry in respect of any land, charge or interest that is prescribed by regulations made under The Succession Duty Act, being chapter 449 of the Revised Statutes of Ontario, 1970, to be land or a charge or interest that may be conveyed, transferred or assigned without the consent of the Minister.
(9) Section 131 of the Act is amended by striking out “an affidavit in the prescribed form” and substituting “either an affidavit in the prescribed form or a statement in a form specified by the Director”.
(10) Subsection 136 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 152, is amended by striking out “and subsection 18 (4) of the Legal Aid Act” in the portion before clause (a).
(11) Section 148 of the Act is repealed.
(12) Section 158 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 156, is amended by adding the following subsections:
Caution in case of fraud
(1.1) If it appears to the land registrar that a registration may be fraudulent, the land registrar may of his or her own accord and without affidavit enter a caution to prevent dealing with the registered land.
Hearing
(1.2) Where the land registrar has entered a caution under subsection (1) or (1.1), the land registrar may hold a hearing before making any correction under subsection (2), and section 10 applies to the hearing.
(13) Subsection 163.1 (1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 157, is amended by adding the following paragraph:
23. governing the amalgamation of the Funds mentioned in section 54.
Liquor Licence Act
7. (1) The definition of “Board”, “member of the board” and “employee of the Board” in section 1 of the Liquor Licence Act, as re-enacted by the Statutes of Ontario, 1996, chapter 26, section 3, is repealed and the following substituted:
“Board” means the board of the Alcohol and Gaming Commission of Ontario established under the Alcohol and Gaming Regulation and Public Protection Act, 1996; (“conseil”)
(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, 1998, chapter 18, Schedule E, section 166 and 1998, chapter 24, section 1, is amended by adding the following definition:
“Registrar” means the Registrar of Alcohol and Gaming within the meaning of the Alcohol and Gaming Regulation and Public Protection Act, 1996; (“registrateur”)
(3) The following provisions of the Act are amended by striking out “Board” wherever it appears and substituting in each case “Registrar”:
1. Subsections 6 (1) and (6).
2. Subsections 7 (2) and (3).
3. Subsection 9 (1).
4. Subsection 10 (1).
5. Subsection 11 (2).
6. Subsection 11.1 (1).
7. Subsections 16 (1) and (2).
8. Subsection 17 (1).
9. Subsection 18 (1).
10. Subsection 19 (1).
11. Subsection 22 (1).
12. Clause 33.1 (1) (e).
13. Subsection 35 (2).
14. Subsections 58 (1) and (2).
15. Subsection 61 (9).
16. Paragraphs 9, 9.1, 10, 10.1, 19, 25 and 26 of subsection 62 (1).
(4) The following provisions of the French version of the Act are amended by striking out “la Commission”, “de la Commission” or “à la Commission” wherever they appear and substituting in each case “le conseil”, “du conseil” or “au conseil”, and by making the necessary grammatical changes:
1. Subsection 9 (2).
2. Subsections 12 (2) and (4).
3. Subsection 17 (7).
4. Subsections 19 (7) and (12).
5. Subsections 20 (2), (3) and (4).
6. Subsections 22 (2), (3), (4) and (5).
7. Subsections 23 (5), (10), (11) and (12).
8. Section 24.
9. Subsections 38 (2), (3), (4), (6), (7) and (8).
10. Section 41.
11. Section 55.
12. Subsection 61 (10).
13. Paragraphs 16, 24 and 27 of subsection 62 (1).
(5) Subsection 6 (4.2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 167, is amended by striking out “The Board may issue” at the beginning and substituting “The Registrar may issue”.
(6) Subsection 7 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 168, is repealed and the following substituted:
Public notice of application
(1) Subject to subsection (2), the Registrar shall give notice of an application for a licence to sell liquor to the residents of the municipality in which the premises are located by giving notice,
(a) in the prescribed manner in a newspaper having general circulation in the municipality; and
(b) in any other manner that the Registrar considers desirable.
(7) Section 8 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 169, is repealed and the following substituted:
Registrar to consider application
8. (1) The Registrar shall consider an application for a licence to sell liquor.
No objections
(2) If, after giving notice of an application under subsection 7 (1), the Registrar receives no written objections to the application from the residents of the municipality within the time for making submissions, the Registrar may,
(a) approve the application if the applicant is not disentitled under subsection 6 (2), (4) or (4.1); or
(b) issue a proposal to review the application.
Conditions on consent
(3) Where the Registrar approves an application under clause (2) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.
Objections
(4) If, after giving notice of an application under subsection 7 (1), the Registrar receives one or more written objections to the application from the residents of the municipality within the time for making submissions, the Registrar shall consider the objections and may,
(a) call a public meeting;
(b) issue a proposal to review the application; or
(c) approve the application if,
(i) the Board is of the opinion that the objections are frivolous or vexatious, and
(ii) the applicant is not otherwise disentitled under this Act.
No notice
(5) If no notice of an application is given under subsection 7 (1) because the applicant is disentitled under clauses 6 (2) (a) to (g) or subsection 6 (4) or (4.1), the Registrar shall issue a proposal to review the application.
(8) Subsections 10 (3) and (4) of the Act are repealed and the following substituted:
Registrar to consider application
(3) An application for a licence shall be considered by the Registrar, and the Registrar may,
(a) approve the application if the applicant is not disentitled under subsection (2); or
(b) issue a proposal to refuse to issue the licence.
Conditions on consent
(4) Where the Registrar approves an application for a licence under clause (3) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.
(9) Subsections 11 (4) and (5) of the Act are repealed and the following substituted:
Registrar to consider application
(4) An application for a licence shall be considered by the Registrar, and the Registrar may,
(a) approve the application if the applicant is not disentitled under subsection (3); or
(b) issue a proposal to refuse to issue the licence.
Conditions on consent
(5) Where the Registrar approves an application for a licence under clause (4) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.
(10) Subsections 11.1 (3) and (4) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 24, section 4, are repealed and the following substituted:
Registrar to consider application
(3) An application for a licence shall be considered by the Registrar, and the Registrar may,
(a) approve the application if the applicant is not disentitled under subsection (2); or
(b) issue a proposal to refuse to issue the licence.
Conditions on consent
(4) Where the Registrar approves an application for a licence under clause (3) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.
(11) Subsection 12 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 24, section 5, is repealed and the following substituted:
Issuance of licence
(1) The Registrar shall issue a licence to sell liquor, a licence to deliver liquor, a licence to represent a manufacturer or a licence to operate a brew on premise facility to an applicant whose application is approved by the Registrar or by the Board, if the applicant complies with this Act and the regulations and pays the required fee.
(12) Section 14 of the Act is repealed and the following substituted:
Conditions on licence
14. (1) The Registrar may at any time review a licence and may,
(a) attach to the licence any further conditions consented to by the licensee; or
(b) issue a proposal to attach to the licence any further conditions that the Registrar considers proper to give effect to the purposes of this Act.
Removal of conditions
(2) A member of the Board may, on the application of a licensee, remove a condition of a licence, other than a prescribed condition, if there is a change in circumstances.
Same
(3) If the member, on considering an application for the removal of a condition, decides not to remove the condition, the member shall direct that a proposal be issued to refuse to remove the condition.
(13) Section 15 of the Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, 1998, chapter 18, Schedule E, section 171 and 1998, chapter 24, section 7, is repealed and the following substituted:
Revocation, suspension or refusal to renew licence
15. (1) The Registrar may issue a proposal to revoke or suspend a licence to sell liquor or refuse to renew such a licence for any ground under subsection 6 (2), (4) or (4.1) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.
Same, licence to deliver liquor
(2) The Registrar may issue a proposal to revoke or suspend a licence to deliver liquor or refuse to renew such a licence for any ground under clauses 6 (2) (a) to (g) or subsection 10 (5) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.
Same, licence to represent manufacturer
(3) The Registrar may issue a proposal to revoke or suspend a licence to represent a manufacturer or refuse to renew such a licence for any ground under clause 6 (2) (d), (e) or (f) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.
Same, manufacturer’s licence
(4) The Registrar may issue a proposal to revoke or suspend a manufacturer’s licence or refuse to renew such a licence for any ground under clause 6 (2) (d), (e), (f) or (g) or if the licensee has contravened this Act, the regulations or a condition of the licence.
Same, licence to operate brew on premise facility
(5) The Registrar may issue a proposal to revoke or suspend a licence to operate a brew on premise facility or refuse to renew such a licence for any ground under clause 6 (2) (a), (d), (e), (f) or (g) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.
Interim suspension of licence
(6) If a proposal is issued to revoke or suspend a licence, the Board may by order suspend the licence prior to a hearing if two members of the Board consider it to be necessary in the public interest.
Same
(7) An order to suspend a licence under subsection (6) takes effect immediately and, if a hearing is required, expires 15 days after the date of the notice requiring the hearing unless the hearing is commenced, in which case the Board may extend the time of expiration until the hearing is concluded.
Limit on further applications
(8) If the Board revokes a licence to sell liquor for the ground under clause 6 (2) (h), the Board may order, upon notice to the owner of the property at which the licensed premises is located, that no application for a licence may be made by any person in respect of the same premises within such period of time after the date of the revocation as the Board may specify, up to a maximum of two years, where, in the opinion of the Board, it is necessary to do so in the public interest.
Notice requiring hearing
(9) A notice under subsection (8) shall inform the owner of the property that the owner is entitled to a hearing by the Board if the owner mails or delivers to the Board, within 15 days after the notice is served on the owner, notice in writing requiring a hearing, and the owner may so require such a hearing.
Exception
(10) If the Board is satisfied that there has been a significant change in the circumstances in respect of the premises since the licence was revoked, the Board may permit an application for a licence to sell liquor within the period specified by the Board under subsection (8).
Voluntary cancellation
(11) The Registrar may cancel a licence upon the request in writing of the licensee and the surrender of the licence by the licensee.
(14) Subsections 17 (4) and (5) of the Act and subsection 17 (6) of the Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, are repealed and the following substituted:
Registrar to consider application
(4) An application for a transfer of a licence shall be considered by the Registrar, and the Registrar may,
(a) approve the application if the applicant is not disentitled under subsection (2) or (3); or
(b) issue a proposal to refuse to transfer the licence.
Conditions on consent
(5) Where the Registrar approves an application under clause (4) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.
Transfer
(6) The Registrar shall transfer a licence to an applicant whose application is approved by the Registrar or the Board, if the applicant complies with this Act and the regulations and pays the required fee.
(15) Subsections 19 (4) and (5) of the Act and subsection 19 (6) of the Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, are repealed and the following substituted:
Consideration of application
(4) An application for a permit shall be considered by the Registrar or an authorized person, and the Registrar or authorized person may,
(a) approve the application if the applicant is not disentitled under subsection (2); or
(b) issue a proposal to refuse to issue the permit.
Conditions on consent
(5) Where the Registrar or an authorized person approves an application for a permit, the Registrar or authorized person may specify any conditions consented to by the applicant that are to be attached to the permit.
Issuance of permit
(6) The Registrar shall issue a permit to an applicant whose application is approved by the Registrar, an authorized person or the Board, if the applicant complies with this Act and the regulations and pays the required fee.
(16) Subsections 19 (8), (9), (10) and (11) of the Act are repealed and the following substituted:
Imposition of new conditions
on permit
(8) The Registrar may at any time review a permit and may,
(a) attach to the permit any further conditions consented to by the permit holder; or
(b) issue a proposal to attach to the permit any further conditions that the Registrar considers proper to give effect to the purposes of this Act.
Removal of conditions
(9) A member of the Board may, on the application of a permit holder, remove a condition of a permit, other than a prescribed condition, if there is a change in circumstances.
Same
(10) If the member of the Board, upon considering an application for removal of a condition, decides not to remove the condition, the member shall direct that a proposal be issued to refuse to remove the condition.
Revocation of permit
(11) The Registrar may issue a proposal to revoke a permit for any ground that would disentitle the holder to a permit if the holder were an applicant under subsection (2), or if the holder has contravened this Act, the regulations or a condition of the permit.
(17) Subsection 20 (1) of the Act is repealed and the following substituted:
Disqualification of premises
(1) The Registrar may issue a proposal to disqualify premises for purposes of issuing permits under section 19 on the grounds of a contravention of the law that has occurred at a previous event held on the premises.
(18) Subsections 20.1 (2) and (3) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 29, are repealed and the following substituted:
Restriction
(2) The Registrar shall not grant a special occasion permit or a caterer’s endorsement with respect to a premises if,
(a) the Registrar or Board has refused an application for a licence to sell liquor on the premises on the ground described in clause 6 (2) (h) within the past two years;
(b) the Registrar or Board has revoked or suspended the licence to sell liquor on the premises, and the revocation or suspension is still in effect; or
(c) a disqualification under section 20 is still in effect concerning the premises.
Saving
(3) Despite clause (2) (a), the Board may authorize the sale or service of liquor at a premises under a special occasion permit or a caterer’s endorsement if it is satisfied that a significant change in circumstances has occurred since the time the Board or Registrar refused to issue a licence on the basis of clause 6 (2) (h).
(19) Section 21 of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 11, is repealed and the following substituted:
Notice of proposal
21. (1) If the Registrar issues a proposal with respect to any of the following matters, the Registrar shall serve notice of the proposal together with written reasons on the applicant or licensee:
1. Review an application for a licence to sell liquor.
2. Refuse to issue a licence to deliver liquor or a licence to represent a manufacturer.
3. Refuse to issue a licence to operate a brew on premise facility.
4. Refuse to renew a licence.
5. Refuse to transfer a licence, other than a manufacturer’s licence.
6. Suspend or revoke a licence.
7. Attach a condition to a licence.
8. Refuse to remove a condition of a licence.
Same
(2) If the Registrar or an authorized person under section 19 issues a proposal with respect to any of the following matters, the Registrar shall serve notice of the proposal together with written reasons on the applicant or permit holder:
1. Refusing to issue a permit.
2. Revoking a permit.
3. Attaching a condition to a permit.
4. Refusing to remove a condition of a permit.
Same
(3) If the Registrar issues a proposal to disqualify premises under section 20, the Registrar shall serve notice of the proposal together with written reasons on the owner of the premises.
Notice requiring hearing
(4) A notice of a proposal shall inform the applicant, licensee, permit holder or owner that the person is entitled to a hearing by the Board if the person mails or delivers to the Board, within 15 days after the notice is served on the person, notice in writing requiring a hearing by the Board, and the person may so require such a hearing.
No hearing
(5) If a person to whom a notice is sent under this section does not require a hearing by the Board, the Registrar may,
(a) in the case of a notice of a proposal to review an application for a licence to sell liquor, refuse to issue the licence; or
(b) in any case other than that referred to in clause (a), carry out the proposal stated in the notice.
(20) Subsection 43 (1) of the Act is repealed and the following substituted:
Persons designated by Registrar
(1) The Registrar may designate persons employed by the Alcohol and Gaming Commission of Ontario as persons who may carry out inspections for the purpose of determining whether there is compliance with this Act and the regulations.
(21) Section 62 of the Act, as amended by the Statutes of Ontario, 1994, chapter 18, section 5, 1996, chapter 26, section 3 and 1998, chapter 24, section 15, is amended by adding the following subsection:
Incorporation by reference
(4) A regulation under this Act that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.
Registry Act
8. (1) Subsection 53 (3) of the Registry Act is amended by striking out “Minister of Revenue” in the portion after clause (c) and substituting “Minister of Finance”.
(2) Subsection 53 (4) of the Act is repealed and the following substituted:
Where consent of Minister not required
(4) Despite subsection (3), the consent of the Minister of Finance is not required to be attached to or endorsed on any deed, grant, conveyance, mortgage, assignment of mortgage or other instrument purporting to convey, transfer or assign any property that is property prescribed by regulations made under The Succession Duty Act, being chapter 449 of the Revised Statutes of Ontario, 1970 to be property that may be conveyed, transferred or assigned without the consent of the Minister.
(3) Subsection 53 (5) of the Act is amended by striking out “The Minister of Revenue” at the beginning and substituting “The Minister of Finance”.
(4) Clause 57 (c) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 18, Schedule E, section 241, is repealed and the following substituted:
(c) shall, if made upon or in consequence of marriage, annulment or dissolution of marriage, adoption or in any other way, be evidenced by a certificate issued under the Change of Name Act or other document specified by the Director of Titles, attached to the certificate of discharge.
(5) Subsection 67 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1999, chapter 12, Schedule F, section 38, is amended by adding the following clauses:
(h) a registered notice of a lien under the Legal Aid Services Act, 1998;
(i) a registered notice of a lien under the Ontario Works Act, 1997;
(j) a registered notice of a lien under the Ontario Disability Support Program Act, 1997;
(k) an instrument of a prescribed class.
(6) Subsection 100 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 255 and amended by 2000, chapter 26, Schedule B, section 17, is amended by adding striking out “56 (8) or” and substituting 56 (8), clause 57 (c) or subsection ”.
Vital Statistics Act
9. (1) Subsection 2 (2) of the Vital Statistics Act is amended by striking out “adoptions, divorces” and substituting “adoptions”.
(2) Subsection 3 (5) of the Act is amended by striking out “adoptions, divorces” and substituting “adoptions”.
(3) The Act is amended by adding the following section:
Still-births
9.1 Every still-birth that takes place in Ontario shall be registered in accordance with the regulations.
(4) Subsection 56 (1) of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 21, section 14, is amended by striking out “notice, registration, statement, certificate, return or other document respecting any particulars required to be furnished under this Act” and substituting “documentation required to be furnished under this Act or the regulations”.
(5) Section 58 of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 21, section 14, is amended by adding “or the regulations” after “of this Act”.
(6) Section 60 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 102, 1997, chapter 9, section 7, 1998, chapter 18, Schedule E, section 303 and 2001, chapter 21, section 15, is amended by adding the following clause:
(i.6) governing the registration of still-births for the purposes of section 9.1, including providing provisions of this Act that apply, with necessary modification, to the registration of stillbirths;
(7) Clause 60 (k) of the Act is amended by striking out “divorces”.
Statute Law Amendment Act
(Government Management
and Services), 1994
10. (1) Subsection 9 (8) of the Vital Statistics Act, as set out in subsection 102 (5) of the Statute Law Amendment Act (Government Management and Services), 1994 is repealed.
(2) Section 11 of the Vital Statistics Act, as set out in subsection 102 (8) of the Statute Law Amendment Act (Government Management and Services), 1994 is repealed and the following substituted:
Continuing obligation and offence
11. Where a duty has been established by regulations made for the purposes of section 8, 9 or 9.1, and a person fails to perform that duty as provided for in the regulations,
(a) the person remains liable to perform the duty despite the expiry of any time limit and despite any action taken by another person in giving a notice or in certifying or registering a birth or stillbirth; and
(b) the person is guilty of an offence for the initial failure to perform the duty and of a separate offence for each successive period of prescribed time during which the failure to perform continues.
(3) Subsection 102 (13) of the Statute Law Amendment Act (Government Management and Services), 1994 is amended by adding “subsection (3) as it read before its repeal or under” after “a registration under”.
(4) Subsection 102 (14) of the Statute Law Amendment Act (Government Management and Services), 1994 is repealed and the following substituted:
(14) Subsection 16 (6) of the Act is amended by adding “as it read before its repeal, or subsection 9 (2)” after “subsection (3)”.
(5) Subsection 102 (15) of the Statute Law Amendment Act (Government Management and Services), 1994 is repealed and the following substituted:
(15) Section 18 of the Act is repealed.
Commencement
Commencement
11. (1) Subject to subsections (2) to (11), this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Amendments to Boundaries Act
(2) Section 2 comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Amendments to
Land Registration Reform Act
(3) Subsections 5 (2) and (3) come into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Amendments to Land Titles Act
(4) Section 6 comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Amendments to Registry Act
(5) Section 8 comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Amendments to Vital Statistics Act
(6) Subsections 9 (1), (2) and (7) come into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Amendments to Statute Law Amendment Act (Government Management and Services), 1994
(7) Subsection 10 (1) comes into force immediately upon the coming into force of subsection 102 (5) of the Statute Law Amendment Act (Government Management and Services), 1994.
Same
(8) Subsection 10 (2) comes into force immediately upon the coming into force of subsection 102 (8) of the Statute Law Amendment Act (Government Management and Services), 1994.
Same
(9) Subsection 10 (3) comes into force immediately upon the coming into force of subsection 102 (13) of the Statute Law Amendment Act (Government Management and Services), 1994.
Same
(10) Subsection 10 (4) comes into force immediately upon the coming into force of subsection 102 (14) of the Statute Law Amendment Act (Government Management and Services), 1994.
Same
(11) Subsection 10 (5) comes into force immediately upon the coming into force of subsection 102 (15) of the Statute Law Amendment Act (Government Management and Services), 1994.
SCHEDULE F
AMENDMENTS PROPOSED BY THE
MINISTRY OF CULTURE
Foreign Cultural Objects Immunity from Seizure Act
1. (1) Subsection 1 (1) of the Foreign Cultural Objects Immunity from Seizure Act is amended by,
(a) striking out “administered, operated or sponsored, without profit, by” and substituting “administered, operated or sponsored by”; and
(b) striking out “if, before such work or object is brought into Ontario, the Lieutenant Governor in Council determines by order in council that such work or object is of cultural significance and that the temporary exhibition or display thereof in Ontario is in the interest of the people of Ontario and such order in council has been published in The Ontario Gazette” at the end and substituting “if, before such work or object is brought into Ontario, the Minister determines that such work or object is of cultural significance and that the temporary exhibition or display thereof in Ontario is in the interest of the people of Ontario and notice of the Minister’s determination is published in The Ontario Gazette”.
(2) Section 1 of the Act is amended by adding the following subsection:
Definition of Minister
(3) In this Act,
“Minister” means the Minister of Culture or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act.
Ontario Heritage Act
2. (1) Section 1 of the Ontario Heritage Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is amended by adding the following definitions:
“building permit” means a building permit issued under section 8 of the Building Code Act, 1992; (“permis de construire”)
“heritage attributes”, in relation to a property, means the attributes of the property that cause it to have cultural heritage value or interest; (“attributs patrimoniaux”)
(2) The definitions of “local advisory committee” and “object” in section 1 of the Act are repealed.
(3) Section 23 of the Act is repealed and the following substituted:
Register
23. The Foundation shall keep a register in which particulars of all properties designated under Parts IV and VI and particulars of all heritage conservation districts designated under Part V shall be entered.
(4) The heading to Part IV of the Act is repealed and the following substituted:
PART IV
CONSERVATION OF property
of cultural heritage VALUE
or interest
(5) Clause 27 (1) (c) of the Act is repealed and the following substituted:
(c) a short statement of the reason for the designation of the property, including a description of the heritage attributes of the property.
(6) Subsection 27 (2) of the Act is amended by striking out “the fee prescribed by the regulations” at the end and substituting “the fee set by the municipality by by-law”.
(7) Section 28 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Municipal heritage committee
28. (1) The council of a municipality may by by-law establish a municipal heritage committee to advise and assist the council on matters relating to this Part, matters relating to Part V and such other heritage matters as the council may specify by by-law.
Members
(2) The committee shall be composed of not fewer than five members appointed by the council.
Continuation of old committees
(3) Every local architectural conservation advisory committee established by the council of a municipality before the day subsection 2 (7) of Schedule F to the Government Efficiency Act, 2002 comes into force is continued as the municipal heritage committee of the municipality, and the persons who were the members of the local architectural conservation advisory committee immediately before that day become the members of the municipal heritage committee.
(8) Subsection 29 (1) of the Act is amended by striking out “to be of historic or architectural value or interest” and substituting “to be of cultural heritage value or interest”.
(9) Subsection 29 (2) of the Act is amended by striking out “local advisory committee” wherever it appears and substituting in each case “municipal heritage committee”.
(10) Clause 29 (4) (b) of the Act is repealed and the following substituted:
(b) a short statement of the reason for the proposed designation, including a description of the heritage attributes of the property; and
(11) Subsection 29 (6) of the Act is repealed and the following substituted:
If no notice of objection
(6) If no notice of objection is served within the 30-day period under subsection (5), the council,
(a) shall,
(i) pass a by-law designating the property,
(ii) cause a copy of the by-law together with a short statement of the reason for the designation, including a description of the heritage attributes of the property,
(A) to be served on the owner of the property and on the Foundation, and
(B) to be registered against the property affected in the proper land registry office, and
(iii) publish notice of the by-law in a newspaper having general circulation in the municipality; or
(b) shall withdraw the notice of intention to designate the property by causing a notice of withdrawal,
(i) to be served on the owner of the property and on the Foundation, and
(ii) to be published in a newspaper having general circulation in the municipality.
(12) Subsection 29 (14) of the Act is repealed and the following substituted:
Decision of council
(14) After considering the report under subsection (12), the council, without a further hearing,
(a) shall,
(i) pass a by-law designating the property,
(ii) cause a copy of the by-law together with a short statement of the reason for the designation, including a description of the heritage attributes of the property,
(A) to be served on the owner of the property and on the Foundation, and
(B) to be registered against the property affected in the proper land registry office, and
(iii) publish notice of the by-law in a newspaper having general circulation in the municipality; or
(b) shall withdraw the notice of intention to designate the property by causing a notice of withdrawal,
(i) to be served on the owner of the property and on the Foundation, and
(ii) to be published in a newspaper having general circulation in the municipality.
Decision final
(14.1) The decision of the council under subsection (14) is final.
(13) Section 29 of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 55, is amended by adding the following subsection:
Transition
(16) If, on the day subsection 2 (8) of Schedule F to the Government Efficiency Act, 2002 comes into force, the clerk of a municipality has given a notice of intention to designate a property as a property of historic or architectural value or interest but the council has not yet passed a by-law so designating the property and has not withdrawn its notice of intention,
(a) this section does not apply to the notice of intention;
(b) despite its amendment by section 2 of Schedule F to the Government Efficiency Act, 2002, this section, as it read immediately before its amendment, continues to apply to the notice of intention.
(14) Subsection 31 (2) of the Act is amended by striking out “local advisory committee” wherever it appears and substituting in each case “municipal heritage committee”.
(15) Subsection 32 (2) of the Act is amended by striking out “local advisory committee” in the portion before clause (a) and substituting “municipal heritage committee”.
(16) Subsection 33 (1) of the Act is repealed and the following substituted:
Alteration of property
(1) No owner of property designated under this Part shall alter the property or permit the alteration of the property if the alteration is likely to affect the property’s heritage attributes, as set out in the description of the property’s heritage attributes that was required to be served and registered under subsection 29 (6) or (14), as the case may be, unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the alteration.
Transition
(1.1) If property is designated under this Part as property of historic or architectural value or interest, either before the day section 29 of this Act is amended by section 2 of Schedule F to the Government Efficiency Act, 2002 or under subsection 29 (16) of this Act after that day,
(a) subsection (1) of this section does not apply to the property;
(b) despite its amendment by subsection 2 (16) of Schedule F to the Government Efficiency Act, 2002, subsection (1) of this section, as it read immediately before the day subsection 2 (16) of Schedule F to the Government Efficiency Act, 2002 came into force, continues to apply to the property.
(17) Subsection 33 (4) of the Act is repealed and the following substituted:
Decision of council
(4) Within 90 days after the notice of receipt is served on the applicant under subsection (3), the council, after consultation with its municipal heritage committee, if one is established,
(a) shall,
(i) consent to the application,
(ii) consent to the application on terms and conditions, or
(iii) refuse the application; and
(b) shall give notice of its decision to the owner of the property and to the Foundation.
(18) Section 34 of the Act is repealed and the following substituted:
Demolition or removal of structure
34. (1) No owner of property designated under this Part shall demolish or remove a building or structure on the property or permit the demolition or removal of a building or structure on the property unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the demolition or removal.
Decision of council
(2) Within 90 days after receipt of an application under subsection (1) or within such longer period as is agreed upon by the owner and the council, the council, after consultation with its municipal heritage committee, if one is established,
(a) may,
(i) consent to the application, or
(ii) refuse the application;
(b) shall give notice of its decision to the owner and to the Foundation; and
(c) shall publish its decision in a newspaper having general circulation in the municipality.
Decision final
(3) The decision of the council under subsection (2) is final.
Deemed consent
(4) If the council fails to notify the owner under clause (2) (b) within the time period mentioned in subsection (2), the council shall be deemed to have consented to the application.
Requirements for demolition or removal if council
refuses consent
(5) If the council refuses the application for consent to the demolition or removal, the owner shall not demolish or remove the building or structure or do any work or cause or permit any work to be done in the demolition or removal of the building or structure or any part of it, unless,
(a) 180 days have elapsed from the date of the council’s decision to refuse the application; and
(b) the owner has obtained a building permit to erect a new building on the site of the building or structure sought to be demolished or removed.
Transition, prior application
(6) If the decision of the council of a municipality on an application under subsection (1) is made or to be made on or after the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 comes into force, subsections (2) to (5) of this section apply even if the application was made before that day.
Transition, prior refusal
(7) If, before the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 comes into force, the council of a municipality has refused an application by an owner of a property designated under this Part for consent to the demolition or removal of a building or structure on the property and has prohibited any work to demolish or remove the building or structure for a period of 180 days from the date of the council’s decision, the owner shall not, on or after the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 comes into force, demolish or remove the building or structure or do any work or cause or permit any work to be done in the demolition or removal of the building or structure or any part of it, unless,
(a) 180 days have elapsed from the date of the council’s decision to refuse the application; and
(b) the owner has obtained a building permit to erect a new building on the site of the building or structure sought to be demolished or removed.
Transition, work commenced
(8) Subsection (7) applies even if work on the demolition or removal of the building or structure has been commenced before the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 comes into force.
Requirement for new building
34.1 (1) An owner to whom subsection 34 (5) or (7) applies shall, within two years after commencing the demolition or removal of the building or structure or any part of it, substantially complete the new building to be erected on the site.
Application to council
(2) An owner who is subject to the requirement imposed by subsection (1) may apply to the council if the owner considers that,
(a) it is not possible to substantially complete the new building within the two-year period specified in subsection (1); or
(b) the construction of the new building is not feasible on economic or other grounds.
Notice of application
(3) To apply to the council under subsection (2), the owner must give the clerk of the municipality a notice of application not less than 90 days before the expiry of the two-year period within which the new building must be substantially completed.
Decision of council
(4) After considering an application under subsection (2), the council may,
(a) extend the time for substantial completion of the new building for such further period as the council considers reasonable;
(b) relieve the owner from the requirement of constructing the new building; or
(c) refuse the application.
Extension of time
(5) If the council extends the time for substantial completion of the new building under clause (4) (a), the owner shall substantially complete the new building within the extended completion time.
Relief from construction requirement
(6) If the council relieves the owner from the requirement of constructing the new building under clause (4) (b), the owner’s failure to substantially complete the new building shall be deemed not to contravene this Act.
Refusal of application
(7) If the council refuses the application under clause (4) (c), the council may extend the time for substantial completion of the new building for such further period as the council considers reasonable, and the owner shall substantially complete the new building within the extended completion time.
Second application
(8) An owner who is subject to the requirement imposed by subsection (5) may apply to the council if the owner considers that,
(a) it is not possible to substantially complete the new building within the extended completion time; or
(b) the construction of the new building has become not feasible on economic or other grounds.
Notice of application
(9) To apply to the council under subsection (8), the owner must give the clerk of the municipality a notice of application not less than 90 days before the expiry of the extended completion time.
Decision of council
(10) After considering an application under subsection (8), the council may,
(a) extend the time for substantial completion of the new building for such further period as the council considers reasonable;
(b) relieve the owner from the requirement of constructing the new building; or
(c) refuse the application.
Extension of time
(11) If the council extends the time for substantial completion of the new building under clause (10) (a), the owner shall substantially complete the new building within the extended completion time.
Relief from construction requirement
(12) If the council relieves the owner from the requirement of constructing the new building under clause (10) (b), the owner’s failure to substantially complete the new building shall be deemed not to contravene this Act.
Refusal of application
(13) If the council refuses the application under clause (10) (c), the council may extend the time for substantial completion of the new building for such further period as the council considers reasonable, and the owner shall substantially complete the new building within the extended completion time.
Appeal to Board
34.2 (1) An owner who makes an application under subsection 34.1 (2) may appeal to the Board,
(a) from a decision of the council under clause 34.1 (4) (a) or (c); or
(b) if the owner has not received any notice of a decision of the council under subsection 34.1 (4) within 90 days after the notice of application is given to the clerk under subsection 34.1 (3).
Same
(2) An owner who makes an application under subsection 34.1 (8) may appeal to the Board,
(a) from a decision of the council under clause 34.1 (10) (a) or (c); or
(b) if the owner has not received any notice of a decision of the council under subsection 34.1 (10) within 90 days after the notice of application is given to the clerk under subsection 34.1 (9).
Notice of appeal
(3) To appeal to the Board, the owner must give the Board a notice of appeal,
(a) for an appeal under clause (1) (a) or (2) (a), within 30 days after the day notice of the council’s decision is given to the owner; and
(b) for an appeal under clause (1) (b) or (2) (b), within 30 days after the expiration of the period set out in that clause.
Deemed extension of time
(4) If an appeal is made to the Board under subsection (1) or (2), the period within which the new building is to be substantially completed shall be deemed to be extended to the date of the Board’s decision.
Board’s powers
(5) If an owner appeals under subsection (1) or (2), the Board shall hear the appeal and shall,
(a) extend the time for substantial completion of the new building for such further period as the Board considers reasonable;
(b) relieve the owner from the requirement of constructing the new building; or
(c) dismiss the appeal.
Extension of time
(6) If the Board extends the time for substantial completion of the new building under clause (5) (a), the owner shall substantially complete the new building within the extended completion time.
Relief from construction requirement
(7) If the Board relieves the owner from the requirement of constructing the new building under clause (5) (b), the owner’s failure to substantially complete the new building shall be deemed not to contravene this Act.
Dismissal of appeal
(8) If the Board dismisses the appeal under clause (5) (c), the Board may extend the time for substantial completion of the new building for such further period as the Board considers reasonable, and the owner shall substantially complete the new building within the extended completion time.
Decision final
(9) The decision of the Board on the appeal is final.
Repeal of by-law designating property
34.3 (1) The council of a municipality shall pass a by-law to repeal a by-law or the part thereof designating a property under this Part, if the owner of the property has applied to the council for consent in writing to the demolition or removal of a building or structure on the property and,
(a) the council consents to the application under subclause 34 (2) (a) (i) or is deemed to have consented to the application under subsection 34 (4);
(b) the owner has substantially completed the new building to be erected on the site; or
(c) the council or the Board has relieved the owner from the requirement of constructing the new building.
Duties upon passing a repealing by-law
(2) When the council passes a repealing by-law under this section, the council shall cause,
(a) a copy of the repealing by-law to be served on the owner of the property and on the Foundation;
(b) notice of the repealing by-law to be published in a newspaper having general circulation in the municipality;
(c) reference to the property to be deleted from the Register referred to in subsection 27 (1); and
(d) a copy of the repealing by-law to be registered against the property affected in the proper land registry office.
Transition
34.4 If, on the day section 4 of Schedule F to the Government Efficiency Act, 2002 comes into force, a process relating to a matter dealt with in any of sections 34 to 34.3 of this Act has been commenced but not completed under an Act or a part of an Act repealed by section 4 of Schedule F to the Government Efficiency Act, 2002, the process shall be continued under sections 34 to 34.3 of this Act.
(19) Subsection 37 (1) of the Act is repealed and the following substituted:
Easements
(1) Despite subsection 36 (1), after consultation with its municipal heritage committee, if one is established, the council of a municipality may pass by-laws providing for the entering into of easements or covenants with owners of real property or interests in real property, for the conservation of property of cultural heritage value or interest.
(20) Part V of the Act is amended by adding the following section:
Definition
39.1 In this Part,
“property” means real property and includes all buildings and structures thereon.
(21) Part V of the Act is amended by adding the following section:
Register
39.2 (1) The clerk of a municipality shall keep a register of all heritage conservation districts designated under this Part that are situate in the municipality and shall ensure that the register contains a map or description of the area of each such heritage conservation district.
Extracts
(2) The clerk of a municipality shall issue extracts from the register referred to in subsection (1) to any person on payment of the fee set by the municipality by by-law.
(22) Subsection 40 (2) of the Act is amended by striking out “local advisory committee” wherever it appears and substituting in each case “municipal heritage committee”.
(23) Subsection 41 (1) of the Act is amended by striking out “Subject to subsection (2)” at the beginning.
(24) Subsection 41 (2) of the Act is repealed and the following substituted:
Property designated under Part IV
(2) A property that is designated under Part IV may subsequently be included in an area designated as a heritage conservation district under this Part, and a property that is included in an area designated as a heritage conservation district under this Part may subsequently be designated under Part IV.
Part IV applies
(2.1) If a property is designated under Part IV and is included in an area designated as a heritage conservation district under this Part, the property is subject to Part IV and is not subject to Part V.
(25) Subsections 41 (3) to (8) of the Act are repealed and the following substituted:
Notice of by-law
(3) If the council of a municipality passes a by-law under this section designating the municipality or any defined area or areas of the municipality as a heritage conservation district, the council shall cause notice of the passage of the by-law,
(a) to be served on each owner of property located in the heritage conservation district and on the Foundation; and
(b) to be published in a newspaper having general circulation in the municipality.
Appeal to Board
(4) Any person who objects to the by-law may appeal to the Board by giving the clerk of the municipality, within 30 days after the date of publication under clause (3) (b), a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee prescribed under the Ontario Municipal Board Act.
If no notice of appeal
(5) If no notice of appeal is given to the clerk within the time period specified in subsection (4), the by-law comes into force on the day following the last day of the period.
If notice of appeal
(6) If a notice of appeal is given to the clerk within the time period specified in subsection (4), the Board shall hold a hearing open to the public and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Board may determine.
Powers of Board
(7) After holding the hearing, the Board shall,
(a) dismiss the appeal; or
(b) allow the appeal in whole or in part and,
(i) repeal the by-law,
(ii) amend the by-law in such manner as the Board may determine,
(iii) direct the council of the municipality to repeal the by-law, or
(iv) direct the council of the municipality to amend the by-law in accordance with the Board’s order.
Dismissal without hearing of appeal
(8) Despite the Statutory Powers Procedure Act and subsections (6) and (7), the Board may, on its own motion or on the motion of any party, dismiss all or part of the appeal without holding a hearing on the appeal if,
(a) the Board is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Board could allow all or part of the appeal, or
(ii) the appeal is not made in good faith, is frivolous or vexatious, or is made only for the purpose of delay;
(b) the appellant has not provided written reasons in support of the objection to the by-law;
(c) the appellant has not paid the fee prescribed under the Ontario Municipal Board Act; or
(d) the appellant has not responded to a request by the Board for further information within the time specified by the Board.
Representations
(9) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection (8), the Board shall,
(a) notify the appellant of the proposed dismissal; and
(b) hold a hearing with respect to the proposed dismissal or give the appellant an opportunity to make representations with respect to the proposed dismissal.
Coming into force
(10) If one or more notices of appeal are given to the clerk within the time period specified in subsection (4),
(a) the by-law comes into force when all of such appeals have been withdrawn or dismissed;
(b) if the by-law is amended by the Board under subclause (7) (b) (ii), the by-law, as amended by the Board, comes into force on the day it is so amended; or
(c) if the by-law is amended by the council pursuant to subclause (7) (b) (iv), the by-law, as amended by the council, comes into force on the day it is so amended.
Transition
(11) If, on the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 comes into force, a by-law designating a heritage conservation district has been passed by a municipality and the Board has not begun to hold a hearing under subsection (6) of this section, as it read immediately before that day, subsections (3) to (10) of this section apply to the by-law.
Same
(12) If, on the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 comes into force, a by-law designating a heritage conservation district has been passed by a municipality and the Board has completed or has begun to hold a hearing under subsection (6) of this section, as it read before that day, but has not yet issued its formal order,
(a) subsections (3) to (10) of this section do not apply to the by-law;
(b) despite their repeal by subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002, subsections (3) to (8) of this section, as they read immediately before the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 came into force, continue to apply to the by-law.
(26) Sections 42, 43 and 44 of the Act are repealed and the following substituted:
Erection, demolition, alteration or removal
of structure
42. (1) If a by-law passed under section 41 designating a heritage conservation district is in force, no owner of property located in the heritage conservation district shall erect, demolish or remove, or permit the erection, demolition or removal of, any building or structure on the property or alter, or permit the alteration of, the external portions of any building or structure on the property, unless the owner applies to the council of the municipality in which the property is situate and is given a permit for the erection, demolition, removal or alteration.
Application
(2) An application under subsection (1) shall contain or be accompanied by such information as the council may require.
Notice of receipt
(3) The council, upon receipt of an application under subsection (1) together with such information as it may require under subsection (2), shall cause a notice of receipt to be served on the applicant.
Decision of council
(4) Within 90 days after the notice of receipt is served on the applicant under subsection (3) or within such longer period as is agreed upon by the applicant and the council, the council may give the applicant,
(a) the permit applied for;
(b) notice that the council is refusing the application for the permit; or
(c) the permit applied for, with terms and conditions attached, in the case of an application for a permit to erect, or alter the external portions of, a building or structure.
Deemed permit
(5) If the council fails to do any of the things mentioned in subsection (4) within the time period mentioned in subsection (4), the council shall be deemed to have given the applicant the permit applied for.
Erection or alteration
(6) In the case of an application under this section for a permit to erect, or alter the external portions of, a building or structure, if the council refuses the application or gives the owner the permit with terms and conditions attached, the owner may appeal to the Board.
Notice of appeal
(7) To appeal to the Board, the owner must give a notice of appeal to the Board within 30 days after the owner receives notice that the council is refusing the application, or receives the permit with the terms and conditions attached, as the case may be.
Board’s powers
(8) The Board shall hear the appeal and shall,
(a) dismiss the appeal; or
(b) direct that the permit be issued without terms and conditions or with such terms and conditions as the Board by its order may direct.
Transition, prior failure to give permit
or notice
(9) If, on the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, an appeal to the Board, that was commenced under subsection 44 (1) of this Act as a result of the council’s failure to make a decision within the period provided for in section 43 of this Act, has not been finally disposed of,
(a) subsection (5) of this section does not apply;
(b) despite its repeal by subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002, subsection 44 (1) of this Act, as it read immediately before the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 came into force, continues to apply to the appeal.
Requirements for demolition or removal if council
refuses permit
(10) In the case of an application under this section for a permit to demolish or remove a building or structure, if the council refuses the application, the council’s decision is final and the owner shall not demolish or remove the building or structure or do any work or cause or permit any work to be done in the demolition or removal of the building or structure or any part of it, unless,
(a) 180 days have elapsed from the date of the council’s notice to the owner that the council is refusing the application for the permit; and
(b) the owner has applied to the council under this section and been given a permit to erect a new building on the site of the building or structure sought to be demolished or removed.
Transition, prior application
(11) In the case of an application under this section for a permit to demolish or remove a building or structure, if the decision of the council of a municipality is made or to be made on or after the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, subsections (2), (3), (4), (5) and (10) of this section apply even if the application was made before that day.
Transition, prior refusal
(12) If, before the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, the council of a municipality has refused an application by an owner of property located in a heritage conservation district designated under this Part, for a permit to demolish or remove a building or structure on the property, the owner shall not, on or after the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, demolish or remove the building or structure or do any work or cause or permit any work to be done in the demolition or removal of the building or structure or any part of it, unless,
(a) 180 days have elapsed from the date of the council’s notice to the owner that the council is refusing the application for the permit; and
(b) the owner has applied to the council under this section and been given a permit to erect a new building on the site of the building or structure sought to be demolished or removed.
Transition, work commenced
(13) Subsection (12) applies even if work on the demolition or removal of the building or structure has been commenced before the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force.
Requirement for new building
43. (1) A person to whom subsection 42 (10) or (12) applies shall, within two years after commencing the demolition or removal of the building or structure or any part of it, substantially complete the new building to be erected on the site.
Application to council
(2) A person who is subject to the requirement imposed by subsection (1) may apply to the council, and section 34.1 applies to the application with the necessary modifications.
Appeal to Board
(3) A person who makes an application under subsection (2) may appeal to the Board, and section 34.2 applies to the appeal with the necessary modifications.
Transition
44. If, on the day section 4 of Schedule F to the Government Efficiency Act, 2002 comes into force, a process relating to a matter dealt with in any of sections 41 to 43 of this Act has been commenced but not completed under an Act or a part of an Act repealed by section 4 of Schedule F to the Government Efficiency Act, 2002, the process shall be continued under sections 41 to 43 of this Act.
(27) Subsections 48 (1) and (2) of the Act are repealed and the following substituted:
Licence, activity on archaeological sites
(1) Subject to subsection (2), no person shall do any of the following unless the person applies to the Minister and is issued a licence under this Part that allows the person to carry out the activity in question:
1. Carry out archaeological fieldwork.
2. Knowing that a site is a marine or other archaeological site, within the meaning of the regulations, alter the site or remove an artifact or any other physical evidence of past human use or activity from the site.
No licence required
(2) A licence is not required if,
(a) the site is prescribed, or belongs to a class of sites prescribed, by the regulations;
(b) the activity undertaken can be classified as normal agricultural work or the routine maintenance of property; or
(c) the activity undertaken is prescribed, or belongs to a class of activities prescribed, by the regulations.
(28) Subsection 48 (4) of the Act is repealed and the following substituted:
Limits of licence
(4) A licence issued under this Part,
(a) is effective only in the geographic area specified in the licence;
(b) subject to subsection (9), is effective only for the term specified in the licence or, if the licence does not specify a term, is effective indefinitely;
(c) permits the carrying out of a type of archaeological fieldwork only if that type of archaeological fieldwork is specified in the licence; and
(d) may contain such other terms and conditions to give effect to the purposes of this Part as the Minister may direct.
(29) Subsections 48 (6), (7), (8) and (9) of the Act are repealed and the following substituted:
Application
(6) An application to the Minister for a licence or renewal of a licence to carry out archaeological fieldwork may be made only by an individual.
Same
(7) The application shall contain such information as the Minister may require and shall be submitted in such form and manner as the Minister may require.
Issuance of licence
(8) The Minister may issue a licence to an applicant if the applicant proves, to the satisfaction of the Minister, that,
(a) the applicant is competent to conduct archaeological fieldwork in a responsible manner in accordance with this Part and the regulations;
(b) the past conduct of the applicant does not afford reasonable grounds for the belief that the archaeological fieldwork will not be carried out in accordance with this Part and the regulations;
(c) the activities proposed by the applicant are consistent with the conservation, protection and preservation of the heritage of Ontario; and
(d) the applicant is in compliance with such eligibility criteria and other requirements for the issuance of the licence as may be prescribed by the regulations.
Revocation and refusal to renew
(9) Subject to section 49, the Minister may refuse to renew or may suspend or revoke a licence,
(a) for any reason that would prevent the Minister from issuing a licence to the licensee under subsection (8) if the licensee were an applicant; or
(b) if the licensee is in breach of a term or condition of the licence.
(30) Subsection 49 (1) of the Act is amended by striking out “grant” and substituting “issue”.
(31) Subsection 49 (5) of the Act is amended by striking out “grant” and substituting “issue”.
(32) Subsection 49 (11) of the Act is repealed and the following substituted:
Request for cancellation
(11) Despite subsection (1), the Minister may cancel a licence if the licensee requests its cancellation in writing.
(33) Subsection 50 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Continuance pending renewal
(2) If a licensee applies for renewal of a licence before the end of the term of the licence, the licence shall be deemed to continue,
. . . . .
(34) Section 51 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is amended,
(a) by striking out “object” and substituting “artifact”;
(b) by striking out “exploration or field work” and substituting “archaeological fieldwork”; and
(c) by striking out “registration under subsection 49 (1)” at the end and substituting “licence under subsection 49 (1)”.
(35) Subsection 56 (1) of the Act is amended by striking out “object” and substituting “artifact”.
(36) Subsection 56 (2) of the Act is amended by striking out “objects” wherever it appears and substituting in each case “artifacts”.
(37) Section 57 of the Act is amended by striking out “section 55” and substituting “section 56”.
(38) Subsection 58 (1) of the Act is amended by striking out “grant” and substituting “issue”.
(39) Subsection 59 (2) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Continuance pending renewal
(2) If a permittee applies for renewal of a permit before the end of the term of the permit, the permit shall be deemed to continue,
(a) until the renewal is granted; or
(b) where the permittee is served with notice under section 58 that the Minister proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired, or until the Minister after considering the report of the Review Board carries out the proposal stated in the notice under subsection 58 (1).
(40) Subsection 62 (1) of the Act is amended by striking out “objects therefrom” at the end and substituting “artifacts from the property”.
(41) Subsection 65 (1) of the Act is amended by striking out “full details of the work done, including details of any stratification or other chronological evidence encountered, and” and substituting “full details of the work done and”.
(42) Section 65 of the Act is amended by adding the following subsection:
Form and manner
(3) A report under subsection (1) shall be furnished to the Minister, and particulars under subsection (2) shall be filed with the Minister, in such form and manner as the Minister may require.
(43) Section 66 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Artifacts may be held in trust
66. (1) The Minister may direct that any artifact taken under the authority of a licence or a permit be deposited in such public institution as the Minister may determine, to be held in trust for the people of Ontario.
Same
(2) Any artifact that is taken by a person who is not a licensee or by a licensee in contravention of a licence or this Part may be seized by a person authorized to do so by the Minister and deposited in such public institution as the Minister may determine, to be held in trust for the people of Ontario.
(44) Section 69 of the Act is amended by adding the following subsection:
Exception
(2.1) Despite subsections (1) and (2), if a person is convicted of the offence of contravening section 34, 34.1 or 34.2, demolishing or removing a building or structure in contravention of section 42 or contravening section 43, or if a director or officer of a corporation is convicted of knowingly concurring in such act by the corporation, the maximum fine that may be imposed is $1,000,000.
(45) Subsection 69 (3) of the Act is repealed.
(46) Subsections 69 (4) and (5) of the Act are repealed and the following substituted:
No offence
(4) A person is not guilty of an offence under subsection (1) for altering or permitting the alteration of a property designated under Part IV in contravention of section 33 or for altering or permitting the alteration of the external portions of a building or structure located in a heritage conservation district designated under Part V in contravention of section 42, if the alteration is carried out for reasons of public health or safety or for the preservation of the property, building or structure, after notice is given to the clerk of the municipality in which the property, building or structure is situate.
Recovery of restoration costs
(5) If a property designated under Part IV is altered in contravention of section 33 or if the external portions of a building or structure located in a heritage conservation district designated under Part V are altered in contravention of section 42, the council of the municipality may, in addition to any other penalty imposed under this Act, if it is practicable, restore the property, building or structure as nearly as possible to its previous condition and may recover the cost of the restoration from the owner of the property, building or structure, unless,
(a) in the opinion of the council, the property, building or structure is in an unsafe condition or incapable of repair; or
(b) the alteration was carried out for reasons of public health or safety or for the preservation of the property, building or structure.
(47) Subsection 69 (6) of the Act is amended by striking out “designated property” and substituting “property”.
(48) Clause 70 (b) of the Act is repealed.
(49) Clause 70 (d) of the Act is repealed and the following substituted:
(d) governing applications for a licence or renewal of a licence;
(d.1) prescribing classes of a licence;
(d.2) prescribing terms, conditions and limitations of a licence or a class of licence, including prescribing the type of archaeological fieldwork that may be carried out by the holder of the licence or the class of licence;
(d.3) prescribing the eligibility criteria and other requirements for the issuance of a licence or a class of licence;
(50) Clause 70 (f) of the Act is repealed and the following substituted:
(f) prescribing sites or classes of sites for which no licence is required;
(g) prescribing activities or classes of activities for which no licence is required;
(h) defining “archaeological fieldwork”, “archaeological site”, “artifact”, “cultural heritage” and “marine archaeological site” for the purposes of this Act and the regulations.
Public Libraries Act
3. (1) Section 1 of the Public Libraries Act is amended by adding the following definition:
“lower-tier municipality”, in relation to a county, means a municipality that forms part of the county for municipal purposes; (“municipalité de palier inférieur”)
(2) The definitions of “Minister” and “municipality” in section 1 of the Act are repealed and the following substituted:
“Minister” means the Minister of Culture or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”)
“municipality” means a local municipality; (“municipalité”)
(3) Section 1 of the Act is amended by adding the following definition:
“single-tier municipality”, in relation to a county, means a municipality that is geographically located within the county but does not form part of the county for municipal purposes. (“municipalité à palier unique”)
(4) Subsection 3 (1) of the Act is amended by striking out “and the trustees of an improvement district”.
(5) Subsection 5 (4) of the Act is repealed and the following substituted:
Dissolution of public library boards
(4) When an agreement is made under subsection (1),
(a) the public library boards established for the municipalities for which the union board is established are dissolved; and
(b) the assets and liabilities of those public library boards are vested in and assumed by the union board unless the agreement provides otherwise.
(6) Subsections 7 (3), (4) and (5) of the Act are repealed and the following substituted:
Additional members: agreements
(3) At any time after a county library is established, the council of a non-participating lower-tier municipality or single-tier municipality and the county council may make an agreement bringing the non-participating lower-tier municipality or single-tier municipality into the county library, and the county council shall amend the establishing by-law accordingly.
Contents of agreement
(4) An agreement made under subsection (3) shall specify what proportion of the cost of the establishment, operation and maintenance of the county library shall be paid by the county and the single-tier municipality, respectively.
Dissolution of public library boards, etc.
(5) When a county library is established,
(a) every public library board and county library co-operative board established for a municipality or any part thereof that is included in the area for which the county library is established is dissolved; and
(b) the assets and liabilities of those boards are vested in and assumed by the county library board unless the by-law establishing the county library provides otherwise.
(7) Subsection 8 (2) of the Act is repealed and the following substituted:
When dissolved
(2) If a county library co-operative board has jurisdiction in an area for which a county library is established, the county library co-operative board is dissolved, and its assets and liabilities are vested in and assumed by the county library board.
(8) Section 9 of the Act is repealed and the following substituted:
Composition of public library board
9. (1) A public library board shall be composed of at least five members appointed by the municipal council.
Composition of union board
(2) A union board shall be composed of at least five members appointed by the councils of the affected municipalities in the proportions and in the manner specified in the agreement made under subsection 5 (1).
Composition of county library board
(3) A county library board shall be composed of at least five members appointed by the county council.
Same
(4) When a single-tier municipality joins a county library, the members of the county library board shall be appointed by the county council and the council of the single-tier municipality in the proportions agreed upon by the county council and the council of the single-tier municipality.
Composition of county library co-operative board
(5) A county library co-operative board shall be composed of at least five members appointed by the county council.
(9) Clause 10 (1) (c) of the Act is repealed and the following substituted:
(c) is,
(i) a resident of the municipality for which the board is established in the case of a public library board, a resident of one of the municipalities for which the board is established in the case of a union board, a resident of one of the participating municipalities in the case of a county library board, or a resident of the area served by the board in the case of a county library co-operative board,
(ii) a resident of a municipality that has a contract with the board under section 29,
(iii) a resident of the board area of a local service board that has a contract with the board under section 29,
(iv) a member of an Indian band that has a contract with the board under section 29, or
(v) a member of a second board that has entered into a contract with the board to purchase from it library services for the residents of the second board; and
(10) Subsection 10 (4) of the Act is amended by striking out “it shall do so at its next regular meeting” at the end and substituting “it shall do so at any regular or special meeting held within 60 days after its first meeting”.
(11) Subsection 11 (3) of the Act is repealed.
(12) Section 28 of the Act is repealed and the following substituted:
Inspection of records
28. (1) Subject to subsection (2), a person may, during ordinary business hours, inspect any records, books, accounts and documents in the possession or control of a board’s secretary.
Exception
(2) The secretary shall refuse to allow an inspection under subsection (1) in circumstances in which a head must refuse disclosure under any of sections 6 to 16 of the Municipal Freedom of Information and Protection of Privacy Act, and the secretary may refuse to allow an inspection under subsection (1) in circumstances in which a head may refuse disclosure under any of those sections of that Act.
(13) Section 29 of the Act is repealed and the following substituted:
Contract for library services
29. (1) The council of a municipality, a local service board or the council of an Indian band may, instead of establishing or maintaining a public library, enter into a contract with a public library board, union board or county library board, or, where subsection 34 (2) applies, with the Ontario library service board that has jurisdiction, for the purpose of providing the residents of the municipality or local service board area or the members of the band, as the case may be, with library services, on the terms and conditions set out in the agreement.
Annual and other reports
(2) The municipal council, local service board or band council entering into a contract under subsection (1) shall make an annual financial report to the Minister and shall make all other reports required by this Act or the regulations or requested by the Minister.
(14) Subsection 30 (2) of the Act is amended by striking out “to every municipality, local service board, Indian band or improvement district” and substituting “to every municipality, local service board or Indian band”.
(15) Subsection 34 (2) of the Act is amended by striking out “under a contract with the council of a municipality, a local service board, the council of an Indian band or the trustees of an improvement district” and substituting “under a contract with the council of a municipality, a local service board or the council of an Indian band”.
(16) The French version of subsection 42 (3) of the Act is amended by striking out “sont dévolus” and substituting “passent” and by striking out “qui les assume”.
(17) The French version of subsection 42 (4) of the Act is amended by striking out “sont dévolus” and substituting “passent” and by striking out “qui les assume”.
Repeals
4. The following are repealed:
1. City of Brantford Act, 1996, being chapter Pr15.
2. City of Burlington Act, 1994, being chapter Pr6.
3. City of Hamilton Act, 1994 (No. 2), being chapter Pr52.
4. City of Kitchener Act, 1998, being chapter Pr1.
5. City of London Act, 1990, being chapter 29.
6. Town of Markham Act, 1991, being chapter Pr1.
7. Town of Milton Act, 1996, being chapter Pr4.
8. Town of Newmarket Act, 2001, being chapter Pr4.
9. Town of Oakville Act, 1991 (No. 2), being chapter Pr21.
10. Part IV of the City of Ottawa Act (Consolidation of Special Acts), 2001, being chapter Pr18.
11. Town of Richmond Hill Act, 1998, being chapter Pr6.
12. City of Toronto Act (Heritage Properties), 2001, being chapter Pr13.
13. City of Vaughan Act, 1992, being chapter Pr10.
14. City of Windsor Act, 1999, being chapter Pr3.
Commencement
Commencement
5. This Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
schedule G
amendments proposed by the
ministry of education
Education Act
1. Subsection 1 (1.0.1) of the Education Act, as enacted by the Statutes of Ontario, 1999, chapter 6, section 20, is amended by striking out “sections 177 and 219” in the portion before the definition of “same-sex partner” and substituting “section 177”.
2. Paragraph 3.6 of subsection 8 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 6, is repealed and the following substituted:
policies and guidelines: policies re electronic meetings
3.6 establish policies and guidelines for the development and implementation of board policies dealing with the use of electronic means for the holding of meetings of a board and meetings of a committee of a board, including a committee of the whole board, and require boards to comply with the policies and guidelines;
3. The French version of subsection 11 (8) of the Act is amended by striking out “enfant âgé de quatorze ans et tenu par ailleurs” and substituting “enfant qui a atteint l’âge de quatorze ans et qui est tenu par ailleurs”.
4. The French version of subsection 13 (6) of the Act is repealed and the following substituted:
Idem
(6) L’école d’application visée au paragraphe (5), qui a été ouverte par le ministre avant le 12 décembre 1980, est réputée ne pas être une école qui relève du ministère de l’Éducation aux fins de la Loi sur la négociation collective dans les écoles provinciales. L’Administration des écoles provinciales n’est pas responsable des questions liées à l’emploi d’enseignants dans cette école d’application.
5. (1) Subsection 49 (6) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 11, section 20, is repealed and the following substituted:
Fees for pupils
(6) Despite any other provision of this Part, if a board admits to a school that it operates a person who is a temporary resident within the meaning of the Immigration and Refugee Protection Act (Canada) or a person who is in possession of a study permit issued under that Act, the board shall charge the person the maximum fee calculated in accordance with the regulations.
(2) Clauses 49 (7) (d), (e), (f) and (g) of the Act are repealed and the following substituted:
(d) a person who is in Canada under a diplomatic, consular or official acceptance issued by the Department of Foreign Affairs and International Trade;
(e) a person who claims to be or is found to be a convention refugee under the Immigration and Refugee Protection Act (Canada);
(f) a person who is in Canada while the person’s parent or other person who has lawful custody of the person is in Canada,
(i) pursuant to a work permit or temporary resident permit issued by Citizenship and Immigration Canada,
(ii) under a diplomatic, consular or official acceptance issued by the Department of Foreign Affairs and International Trade,
(iii) awaiting determination of a claim to be found a convention refugee under the Immigration and Refugee Protection Act (Canada),
(iv) as a graduate student who is the recipient of an award approved by the Minister for the purposes of this clause and who is in attendance at a university or institution in Ontario, including its affiliated or federated institutions, that receives operating grants from the Ministry of Training, Colleges and Universities, or
(v) in accordance with an agreement with a university outside Canada to teach at an institution in Ontario, including its affiliated or federated institutions, that receives operating grants from the Ministry of Training, Colleges and Universities; or
(g) a person who is in Canada while the person’s parent or other person who has lawful custody of the person is in Canada as a convention refugee under the Immigration and Refugee Protection Act (Canada).
6. (1) Clause 58.1 (2) (k) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 32, is amended by adding the following subclause:
(viii) the date in a regular election year before which a resolution under subsection (10.1) may be passed;
(2) Section 58.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 32, is amended by adding the following subsections:
Same
(10.1) Subject to subsections (10.2) and (10.3), a district school board may by resolution reduce the number of members to be elected at the next regular election to a number lower than the number provided in a regulation made under subclause 58.1 (2) (k) (i).
Same
(10.2) The resolution shall be passed before the prescribed date in the year of the regular election.
Same
(10.3) The resolution shall not provide for fewer than five members.
(3) Subsection 58.1 (11) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 32, is repealed and the following substituted:
Same
(11) The numbers referred to in subsections (10) to (10.3) do not include any person elected or appointed to a district school board under section 188.
(4) Section 58.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 32, is amended by adding the following subsection:
No right to petition Executive Council
(13.1) Section 95 of the Ontario Municipal Board Act does not apply in respect of an order or decision that is made after the day this subsection comes into force by the Ontario Municipal Board under the authority of a regulation made under clause (2) (k).
(5) Section 58.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 32, is amended by adding the following subsections:
Deemed district municipality
(27) In addition to any area prescribed under subclause (2) (m) (i), an area that satisfies the following conditions shall be deemed to be a district municipality for the purposes of clause 257.12 (3) (a) from January 1, 1998 until it becomes or is included in a municipality or is deemed to be a district municipality by a regulation made under clause (2) (m):
1. The area is without municipal organization.
2. As of December 31, 1997, the area was deemed to be a district municipality under subsection 54 (2), as it read on that day.
3. The area is under the jurisdiction of a district school board.
Deemed separate district municipalities
(28) Despite subsection (27), the part, if any, of an area described in subsection (27) that is in a separate school zone shall be deemed to be a discrete district municipality.
7. (1) Subsection 194 (3) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 31, section 100, is amended by striking out “subsections (3.3) and (4.1)” in the portion before clause (a) and substituting “subsections (3.3) and (4)”.
(2) Subsection 194 (4) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 31, section 100, is repealed and the following substituted:
Approval of Minister re disposition, demolition
(4) Despite any provision of this or any other Act, a board shall not sell, lease or otherwise dispose of a school site, part of a school site or property or demolish a building unless, in addition to any other approval that may be required, the board has obtained the approval of the Minister.
(3) Subsection 194 (4.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 100, is repealed.
(4) Subsection 194 (5) of the Act is repealed and the following substituted:
Exceptions
(5) Subsection (4) does not apply,
(a) in respect of a school site, part of a school site or property to which a resolution referred to in clause (3) (a) applies;
(b) to the use of a building or part thereof pursuant to an agreement under section 183; or
(c) to the use of a building or part of a building for a purpose that does not interfere with the proper conduct of a school, if the building or part of the building is in use as a school.
8. Subsection 208.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 107, is amended by striking out “district school board” wherever it appears and substituting in each case “board”.
9. (1) Clause 219 (4) (b) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 112 and amended by 1999, chapter 6, section 20, is repealed.
(2) Subsection 219 (5) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 112 and amended by 1999, chapter 6, section 20, is repealed and the following substituted:
Leave of absence
(5) Despite subsection (4), none of the following persons is ineligible to be a candidate for or to be elected as a member of a district school board or school authority if he or she takes an unpaid leave of absence, beginning no later than the day the person is nominated and ending on voting day:
1. An employee of a district school board or school authority.
2. The clerk, treasurer, deputy clerk or deputy treasurer of a municipality or upper-tier municipality, all or part of which is included in the area of jurisdiction of a district school board or school authority.
Same
(5.1) Subsections 30 (2) to (7) of the Municipal Elections Act, 1996 apply with necessary modifications to an individual referred to in subsection (5).
10. Subsection 221 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 31, section 112, is repealed and the following substituted:
Optional election
(2) Despite clause (1) (a), if members of the board are elected under the Municipal Elections Act, 1996, the remaining elected members may by resolution require that an election be held in accordance with that Act to fill the vacancy if the vacancy occurs,
(a) in a year in which no regular election is held under that Act;
(b) before April 1 in the year of a regular election; or
(c) after the new board is organized in the year of a regular election.
11. The Act is amended by adding the following section:
Territory without municipal organization
257.10.1 (1) This section applies in respect of tax rates levied by boards under section 257.7 in territory without municipal organization that are not required to be distributed to other boards under section 257.8 or 257.9.
Tax rates payable to the Province
(2) The Minister may make regulations, in conjunction with the provision of interim financing under subsection (4), directing that all or part of the tax rates to which this section applies in a year be paid to the Province.
Same
(3) A regulation under subsection (2) may apply differently in respect of different boards.
Interim financing
(4) The Minister may provide interim financing to boards in respect of tax rates to be paid to the Province as directed by a regulation made under subsection (2), in an amount equal to the total of the amounts paid to the Province.
Payments from Consolidated Revenue Fund
(5) Amounts paid by the Minister under subsection (4) shall be paid out of the Consolidated Revenue Fund.
Amounts deemed to be education funding
(6) Amounts paid by the Minister under subsection (4), other than amounts in respect of rebates, if any, payable under section 257.2.1 or 257.12.3, shall be deemed to be education funding within the meaning of subsection 234 (14).
12. Section 257.62 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is repealed and the following substituted:
By-law within one year after study
257.62 An education development charge by-law may be passed only within a period of 365 days following the completion of the education development charge background study.
Municipal Elections Act, 1996
13. Section 37 of the Municipal Elections Act, 1996, as amended by the Statutes of Ontario, 1997, chapter 31, section 157, is amended by adding the following subsection:
By-election restricted to geographic area
(3.1) A by-election required under subsection (3) shall be held only in the geographic area in which the number of candidates declared elected is insufficient.
14. (1) Subsection 38 (1) of the Act is repealed and the following substituted:
Appointment to fill vacancy on school board
(1) If this section applies, the candidates declared elected to the school board may appoint a person to fill the vacancy at a meeting of the members called for that purpose.
(2) Clause 38 (2) (a) of the Act is repealed and the following substituted:
(a) is qualified to be elected as a member of the school board; and
Ontario Educational Communications Authority Act
15. Subsection 16 (10) of the Ontario Educational Communications Authority Act, as enacted by the Statutes of Ontario, 2002, chapter 8, Schedule G, section 3, is amended by striking out “Act” at the end and substituting “section”.
Commencement
Commencement
16. (1) Subject to subsections (2) to (5), this Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Subsection 6 (5) shall be deemed to have come into force on January 1, 1998.
Same
(3) Section 5 shall be deemed to have come into force on June 28, 2002.
Same
(4) Sections 1 and 9 come into force on the later of January 1, 2003 and the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(5) Section 15 comes into force on the day subsection 16 (10) of the Ontario Educational Communications Authority Act comes into force.
schedule H
amendments proposed by the
Ministry of finance
Commodity Futures Act
1. (1) Subsections 2 (2) and (3) of the Commodity Futures Act are repealed and the following substituted:
Composition of the Board
(2) The Board shall be composed of not more than five members, all of whom are appointed by the Minister.
Chair
(3) The Commission may designate a member of the Board to be its chair.
(2) Subsection 2 (6) of the Act is repealed.
2. The Act is amended by adding the following section:
Electronic communication
77.1 The Commission shall be deemed to have complied with a requirement under Ontario commodity futures law to publish or otherwise make available a notice, rule or other information if the Commission provides the notice, rule or information in electronic form through an electronic medium or posts it on its web site.
Credit Unions and Caisses Populaires
Act, 1994
3. (1) The definition of “special resolution” in section 1 of the Credit Unions and Caisses Populaires Act, 1994 is repealed and the following substituted:
“special resolution” means a resolution passed by two-thirds or more of the votes cast by or on behalf of the persons who voted in respect of that resolution; (“résolution extraordinaire”)
(2) Subsection 30 (6) of the Act is repealed and the following substituted:
Approval needed
(6) Before an application is made under this section, the proposed amendment must be approved by the board and ratified by a special resolution passed at a meeting of members called for that purpose.
(3) Subsection 49 (3) of the Act is repealed and the following substituted:
Notice of representations
(3) If written representations from a member to be expelled are received at least seven days before the mailing of the notice of the annual or general meeting, the board shall, at the expense of the credit union, include with the notice of the meeting, a notice that those representations are available for inspection by members at the head office and at the branches of the credit union.
(4) Subsection 100 (2) of the Act is repealed and the following substituted:
Vote
(2) A director is removed from office by a special resolution passed at a general meeting of the members duly called for that purpose.
(5) Subsection 107 (1) of the Act is repealed and the following substituted:
When by-law effective
(1) A by-law is not effective until it is passed by the board and confirmed, with or without variation, by a special resolution passed at a general meeting of the members duly called for that purpose or by such greater proportion of the votes cast as the articles may provide.
(6) Subsection 118 (2) of the Act is repealed and the following substituted:
Vote
(2) A committee member is removed from office by a special resolution passed at a general meeting of the members duly called for that purpose.
(7) Section 142 of the Act is repealed and the following substituted:
Duty of confidentiality
142. (1) Every director, officer, member of a committee established under this Act or employee of a credit union shall keep confidential any information received by the credit union or by a subsidiary or other affiliate of the credit union that they know or should know is confidential to the credit union or subsidiary or other affiliate.
Use of information
(2) A director, officer, member of a committee established under this Act or employee of a credit union shall not enter into a transaction in which he or she makes use of the information in order to obtain, directly or indirectly, a benefit or advantage for any person other than the credit union or a subsidiary or other affiliate of the credit union.
(8) Clause 242 (1) (b) of the Act is repealed and the following substituted:
(b) confirmed, with or without variation, by a special resolution passed at a general meeting of the members of the league duly called for that purpose, or by such greater proportion of the votes as the articles provide; and
(9) Section 261 of the Act is amended by striking out “and” at the end of clause (i), by adding “and” at the end of clause (j) and by adding the following clause:
(k) provide services that the Corporation is authorized to provide by the regulations made under paragraph 30 of subsection 317 (1).
(10) Clause 288 (1) (b) of the Act is repealed and the following substituted:
(b) confirmed, with or without variation, by a special resolution passed at a general meeting of the shareholders of the stabilization authority or subsidiary, as the case may be, duly called for that purpose, or by such greater proportion of the votes as the articles provide; and
(11) Subsection 317 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 5 and 1999, chapter 12, Schedule I, section 2, is amended by adding the following paragraph:
30. authorizing the Corporation to provide services prescribed by the regulations that are ancillary, complementary or similar to services it performs as deposit insurer or stabilization authority to persons, bodies or classes of persons or bodies prescribed by the regulations, and governing the provision of those services.
Insurance Act
4. (1) The following definitions in section 1 of the Insurance Act are repealed:
1. “accident insurance”.
2. “accidental death insurance”.
3. “aircraft insurance”.
4. “automobile insurance”.
5. “boiler and machinery insurance”.
6. “credit insurance”.
7. “disability insurance”.
8. “employers’ liability insurance”.
9. “endowment insurance”.
10. “fire insurance”.
11. “guarantee insurance”.
12. “hail insurance”.
13. “inland transportation insurance”.
14. “life insurance”.
15. “marine insurance”.
16. “plate glass insurance”.
17. “property damage insurance”.
18. “public liability insurance”.
19. “sickness insurance”.
20. “sprinkler leakage insurance”.
21. “theft insurance”.
22. “title insurance”.
23. “workers’ compensation insurance”.
(2) The definition of “fraternal society” in section 1 of the Act is amended by striking out “contracts of life, accident or sickness insurance” and substituting “contracts of life insurance or accident and sickness insurance”.
(3) The definition of “mutual benefit society” in section 1 of the Act is amended by striking out “sick and funeral benefits” and substituting “insurance against sickness, disability or death”.
(4) The definition of “sick and funeral benefits” in section 1 of the Act is repealed.
(5) Subsection 43 (2) of the Act is amended by striking out “defined in section 1 or as are prescribed by the regulations made under subsection (1) of this section” at the end and substituting “defined under subsection (1)”.
(6) Subsection 44 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 10 and 1999, chapter 12, Schedule I, section 4, is repealed and the following substituted:
Membership in compensation association
(1) Where a compensation association has been designated by the regulations as a compensation association for a class of insurers, every insurer in that class shall be deemed to be a member of the compensation association and shall be bound by the by-laws and memorandum of operation of the compensation association.
(7) Clause 46 (a) of the Act is repealed.
(8) Section 47 of the Act is repealed.
(9) Subsection 48 (9) of the Act is amended by striking out “both fire and life insurance” and substituting “both property and life insurance”.
(10) Subsection 102 (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 10, is repealed.
(11) Subsection 102 (9) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 10, is repealed and the following substituted:
Exception
(9) Subsection (8) does not apply to a mutual insurance corporation that is a member of the Fire Mutuals Guarantee Fund or to an insurer licensed to transact only,
(a) the business of life insurance;
(b) the business of accident and sickness insurance; or
(c) the business of life insurance and the business of accident and sickness insurance.
(12) Subsection 102 (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 19, section 10 and amended by 1999, chapter 12, Schedule I, section 4, is repealed.
(13) Section 118 of the Act is amended by striking out “in the case of a contract of life insurance this section applies only to disability insurance undertaken as part of the contract” at the end and substituting “in the case of a contract of life insurance this section applies only to insurance undertaken as part of the contract whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease”.
(14) Paragraphs 3 and 4 of subsection 121 (1) of the Act are repealed and the following substituted:
3. designating one or more bodies corporate or associations as compensation associations and designating any such body corporate or association as a compensation association for one or more classes of insurers specified by the regulations;
(15) The Act is amended by adding the following Part:
PART II.1
ACTUARY OF THE INSURER
Definition
121.3 In this Part,
“insurer” means an insurer incorporated and licensed under the laws of Ontario.
Appointment of actuary
121.4 (1) The directors of an insurer shall appoint an actuary of the insurer.
Same
(2) An insurer that is incorporated and licensed on the day this Part comes into force shall appoint an actuary of the insurer forthwith after that day.
Notice of appointment
121.5 An insurer shall notify the Superintendent in writing of the appointment forthwith after the appointment of the actuary of the insurer.
When officers not to be actuary
121.6 (1) Neither the chief executive officer, the chief operating officer nor a person performing similar functions for an insurer shall be appointed as or hold the position of actuary of the insurer without the Superintendent’s written authorization.
Duration of authorization
(2) An authorization under subsection (1) expires on the earlier of the day specified in the authorization and the day that is six months after the authorization is issued.
Chief financial officer
121.7 (1) Neither the chief financial officer of an insurer nor a person performing similar functions for an insurer shall be appointed as or hold the position of actuary of the insurer unless,
(a) the Superintendent receives a written statement from the audit committee of the insurer indicating that it is satisfied that the duties of both positions will be adequately performed and that the actuarial duties will be performed in an independent manner; and
(b) the Superintendent authorizes the appointment or the holding of the position with or without conditions.
Same
(2) The conditions may limit the period of time that the officer or person may be the actuary of the insurer.
Revocation of appointment
121.8 (1) The directors of an insurer may revoke the appointment of the actuary of the insurer.
Notice of revocation
(2) An insurer shall give the Superintendent written notice of the revocation of an appointment forthwith after the revocation.
Ceasing to hold office
121.9 (1) A person shall cease to be the actuary of the insurer when,
(a) the person resigns as actuary of the insurer;
(b) the person ceases to be an actuary; or
(c) the directors of the insurer revoke the appointment.
Effective date of resignation
(2) The resignation of an actuary of the insurer takes effect on the later of the day that the insurer receives written notice of the resignation and the day specified in that notice.
Filling vacancy
121.10 If the office of actuary of the insurer becomes vacant, the directors of the insurer shall immediately appoint a new actuary of the insurer and notify the Superintendent of the vacancy and the new appointment.
Statement of actuary
121.11 If an actuary of the insurer resigns or his or her appointment is revoked, the actuary shall submit a written statement to the directors of the insurer and the Superintendent stating the circumstances and reasons why the actuary resigned or why, in the actuary’s opinion, the appointment was revoked.
Duty of replacement actuary
121.12 If an actuary of the insurer resigns or the appointment of the actuary of the insurer is revoked, no person shall accept an appointment or consent to be appointed as the actuary of the insurer unless,
(a) the person has received the statement referred to in section 121.11; or
(b) the person has asked the former actuary for a copy of that statement and has not received a copy of it within 15 days after asking for it.
Actuary’s valuation
121.13 (1) An actuary of the insurer shall value,
(a) the actuarial and other policy liabilities of the insurer as at the end of a year covered by the annual statement required under subsection 102 (1); and
(b) any other matters the Superintendent directs.
Same
(2) The actuary’s valuation shall be in accordance with generally accepted actuarial practice with such changes as may be determined by the Superintendent and any additional directions that may be made by the Superintendent.
Same
(3) The insurer shall submit the actuary’s valuation report to the Superintendent with the statements required under subsection 102 (1).
Superintendent may appoint actuary
121.14 (1) The Superintendent may appoint an actuary to,
(a) conduct a review of the valuation of the actuary of the insurer completed under section 121.13; or
(b) conduct an independent valuation of matters referred to in section 121.13.
Expenses payable by insurer
(2) The expenses incurred in carrying out a review or a valuation under subsection (1) are payable by the insurer on being approved in writing by the Superintendent.
Right to information
121.15 (1) The actuary of the insurer may request information, explanations or access to any records of the insurer as are necessary to perform his or her duties.
Same
(2) The present or former directors, officers, employees or representatives of an insurer shall permit access to records and provide information or explanations requested by the actuary of the insurer, to the extent they are reasonably able to do so.
No civil liability
(3) A person who acts in good faith under subsection (2) shall not be liable in any civil proceeding arising from that action.
Actuary’s report
121.16 (1) An actuary of the insurer shall submit a report in a form approved by the Superintendent to shareholders and policyholders of the insurer on the valuation made under section 121.13 and on any other matter required by the Superintendent, at least 21 days before the date of the annual meeting.
Same
(2) The report shall include a statement by the actuary of the insurer as to whether, in the actuary’s opinion, the annual statement required under subsection 102 (1) presents fairly the results of the valuation made under section 121.13.
Report to directors
121.17 (1) An actuary of the insurer shall meet with the directors of the insurer or, if the directors so choose, with the audit committee of the insurer at least once during each fiscal year.
Same
(2) At the meeting referred to in subsection (1), the actuary of the insurer shall report, in accordance with generally accepted actuarial practice and any direction made by the Superintendent, on the financial position of the insurer and, if specified in a direction of the Superintendent, the expected future financial condition of the insurer.
Report to officers
121.18 (1) An actuary of the insurer shall report in writing to the chief executive officer and chief financial officer of the insurer any matters that have come to the actuary’s attention in the course of carrying out the actuary’s duties if, in the actuary’s opinion, they have material adverse effects on the financial condition of the insurer and those matters require rectification.
Submission of report
(2) An actuary of the insurer shall also provide a copy of the report referred to in subsection (1) to the directors of the insurer immediately after making it.
Failure to take action
(3) If, in the opinion of the actuary of the insurer, suitable action is not being taken to rectify the matters referred to in subsection (1), the actuary shall immediately send a copy of the report to the Superintendent and advise the directors of the insurer that he or she has done so.
Qualified privilege
121.19 (1) An oral or written statement or report made under this Act by an actuary or former actuary of the insurer has qualified privilege.
Same
(2) An actuary or former actuary of the insurer who in good faith makes an oral or written statement or report under section 121.11 or 121.18 is not liable in any civil proceeding seeking indemnification for damages attributable to the actuary or former actuary of the insurer having made the statement or report.
Non-application of this Part
121.20 This Part does not apply to a mutual insurance corporation that is a member of the Fire Mutuals Guarantee Fund.
Non-application of s. 121.17
121.21 Section 121.17 does not apply to reciprocal insurance exchanges.
Exemptions
121.22 On written application by an insurer, the Superintendent may in special circumstances approve the exemption of the insurer from section 121.13 or 121.17, or both, on such terms and conditions as may be specified in the approval.
(16) The French version of clause 122 (a) of the Act is repealed and the following substituted:
a) d’assurance contre les accidents et la maladie;
(17) Subsection 124 (7) of the Act is repealed and the following substituted:
Application
(7) This section does not apply to,
(a) contracts of automobile insurance; or
(b) contracts of insurance to which Part IV applies.
(18) Subsection 127 (2) of the Act is amended by striking out “guarantee insurance” and substituting “surety insurance”.
(19) Subsection 143 (1) of the Act is amended by striking out the portion before clause (a) and clause (a) and substituting the following:
Application of Part
(1) This Part applies to insurance against loss of or damage to property arising from the peril of fire in any contract made in Ontario except,
(a) insurance within the class of aircraft insurance;
(a.1) insurance within the class of automobile insurance;
(a.2) insurance within the class of boiler and machinery insurance;
(a.3) insurance (other than marine insurance) against loss of or damage to property,
(i) while in transit or during delay incidental to transit, or
(ii) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
(a.4) insurance within the class of marine insurance;
(a.5) insurance against loss of or damage to plate, sheet or window glass, whether in place or in transit;
(a.6) insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;
(a.7) insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;
. . . . .
(20) Subsection 144 (5) of the Act is amended by striking out “licensed to carry on fire insurance” and substituting “licensed to carry on property insurance”.
(21) Subsection 152 (1) of the Act is amended by striking out “a contract of fire insurance” and substituting “a contract to which this Part applies”.
(22) Section 171 of the Act is amended by adding the following subsection:
Annuity deemed life insurance
(2) For the purposes of this Part, an undertaking entered into by an insurer to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount, shall be deemed to be and always to have been life insurance whether the annuity is for,
(a) a term certain; or
(b) a term dependent solely or partly on the happening of an event not related to a human life.
(23) Subsection 184 (1) of the Act is repealed and the following substituted:
Exceptions
(1) This section does not apply to,
(a) a misstatement of age; or
(b) insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease.
(24) Subsection 282 (16) of the Act is repealed and the following substituted:
Non-application of the Arbitration Act, 1991
(16) The Arbitration Act, 1991 does not apply to arbitrations under this section.
(25) The definition of “insurance” in section 290 of the Act is repealed and the following substituted:
“insurance” means accident and sickness insurance; (“assurance”)
(26) Clause 291 (3) (a) of the Act is repealed and the following substituted:
(a) insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;
(27) Clause 291 (3) (c) of the Act is repealed and the following substituted:
(c) insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease; or
(28) Section 295 of the Act is repealed and the following substituted:
Confinement clauses void
295. Where a contract of accident and sickness insurance issued after November 2, 1973 includes a provision that a benefit is payable to an insured on account of his or her disability and the provision is conditional on the confinement of the insured, the condition does not bind the insured.
(29) Statutory condition 4 set forth in section 300 of the Act is repealed and the following substituted:
Relation of Earnings to Insurance
4. (1) Where the benefits for loss of time payable hereunder, either alone or together with benefits for loss of time under another contract, exceed the money value of the time of the person insured, the insurer is liable only for that proportion of the benefits for loss of time stated in this policy that the money value of the time of the person insured bears to the aggregate of the benefits for loss of time payable under all such contracts and the excess premium, if any, paid by the insured shall be returned to the insured by the insurer.
(2) The other contract referred to in subcondition (1) may include,
(a) a contract of group accident and sickness insurance; or
(b) a life insurance contract whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease.
(30) Section 302 of the Act is amended by striking out “accident insurance” wherever it appears and substituting in each case “accident and sickness insurance”.
(31) Clause 342 (b) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 4, is amended by striking out “life insurance, accident insurance or sickness insurance” at the end and substituting “life insurance or accident and sickness insurance”.
(32) Subsection 378 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 36 and 1999, chapter 12, Schedule I, section 4, is amended by striking out “except life insurance, accident insurance, sickness insurance and surety insurance” at the end and substituting “except life insurance, accident and sickness insurance, and surety insurance”.
(33) Subsection 378 (2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 10, section 36, is repealed.
(34) Clause 393 (2) (a) of the Act is repealed and the following substituted:
(a) licences for life insurance, or life insurance and accident and sickness insurance;
Pension Benefits Act
5. (1) Clause 69 (1) (c) of the Pension Benefits Act is amended by striking out “Bankruptcy Act (Canada)” and substituting “Bankruptcy and Insolvency Act (Canada)”.
(2) Subsection 113.2 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 28, section 223, is repealed and the following substituted:
Content
(2) Any person required to use forms approved by the Superintendent shall provide the information specified in them.
Securities Act
6. (1) Subsections 4 (2) and (3) of the Securities Act are repealed and the following substituted:
Composition of the Board
(2) The Board shall be composed of not more than five members, all of whom are appointed by the Minister.
Chair
(3) The Commission may designate a member of the Board to be its chair.
(2) Subsection 4 (6) of the Act is repealed.
7. Subsection 16 (2) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 11, section 358, is repealed and the following substituted:
Confidentiality
(2) If the Commission issues an order under section 11 or 12, all reports provided under section 15, all testimony given under section 13 and all documents and other things obtained under section 13 relating to the investigation or examination that is the subject of the order are for the exclusive use of the Commission or of such other regulator as the Commission may specify in the order, and shall not be disclosed or produced to any other person or company or in any other proceeding except as permitted under section 17.
8. (1) Subsection 33 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 11, section 362, is amended by striking out “and underwriter” in the portion before clause (a).
(2) The English version of clause 33 (2) (b) of the Act is amended by striking out “or underwriter”.
(3) Clause 33 (2) (c) of the Act is amended by striking out “or underwriter”.
9. (1) Clause 77 (2) (a) of the Act is amended by striking out “reporting issuer” and substituting “mutual fund in Ontario”.
(2) Clause 77 (2) (b) of the Act is amended by striking out “reporting issuer” and substituting “mutual fund in Ontario”.
10. Section 79 of the Act is repealed and the following substituted:
Delivery of financial statements to
security holders
79. (1) Every reporting issuer or mutual fund in Ontario that is required to file a financial statement under section 77 or 78 shall send a true copy of the financial statement to every holder of its securities whose latest address, as shown on its books, is in Ontario.
Deadline
(2) The reporting issuer or mutual fund in Ontario shall send the true copy of the financial statement no later than the end of the period during which it is required to file the financial statement under section 77 or 78.
Exception
(3) Despite subsection (1), a reporting issuer or mutual fund in Ontario is not required to send a copy of the financial statement to a security holder who holds its evidence of indebtedness only.
Deemed compliance
(4) If the laws of a reporting issuer’s jurisdiction of incorporation, organization or continuance impose requirements corresponding to the requirements in subsections (1) and (2), compliance with the requirements imposed by that jurisdiction shall be deemed to be compliance with the requirements in subsections (1) and (2).
11. Subsection 122 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 11, section 373, is repealed and the following substituted:
Fine for contravention of s. 76
(4) Despite subsection (1) and in addition to any imprisonment imposed under subsection (1), a person or company who is convicted of contravening subsection 76 (1), (2) or (3) is liable to a minimum fine equal to the profit made or the loss avoided by the person or company by reason of the contravention and a maximum fine equal to the greater of,
(a) $1 million; and
(b) the amount equal to triple the amount of the profit made or the loss avoided by the person or company by reason of the contravention.
12. Subsection 143 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 33, section 8 and amended by 1997, chapter 19, section 23, 1997, chapter 43, Schedule F, section 13, 1999, chapter 9, section 220 and 2001, chapter 23, section 217, is amended by adding the following paragraph:
39.1 Governing the approval of any document described in paragraph 39.
13. The Act is amended by adding the following section:
Electronic communication
143.14 The Commission shall be deemed to have complied with a requirement under Ontario securities law to publish or otherwise make available a notice, rule or other information if the Commission provides the notice, rule or information in electronic form through an electronic medium or posts it on its web site.
14. Section 153 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 221, is repealed and the following substituted:
Exchange of information
153. Despite the Freedom of Information and Protection of Privacy Act, the Commission may provide information to and receive information from the following entities, both in Canada and elsewhere, and the information received by the Commission is exempt from disclosure under that Act if the Commission determines that the information should be maintained in confidence:
1. Other securities or financial regulatory authorities.
2. Stock exchanges.
3. Self-regulatory bodies or organizations.
4. Law enforcement agencies.
5. Governmental or regulatory authorities not mentioned in paragraphs 1 to 4.
6. Any person or entity, other than an employee of the Commission, who provides services to the Commission.
Statistics Act
15. Section 9 of the Statistics Act is amended by adding “less a day” after “five years” in the portion after clause (b).
Commencement
Commencement
16. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Subsections 4 (1) to (9), (13), (14), (16) to (23) and (25) to (34) come into force on a day to be named by proclamation of the Lieutenant Governor.
schedule I
amendments proposed
by the Ministry of health
and long-term care
Ambulance Act
1. (1) Subsections 23 (1), (2) and (3) of the Ambulance Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 20, are repealed and the following substituted:
Offence
(1) A person who contravenes this Act or the regulations is guilty of an offence.
Same, obstruction
(2) A person who prevents or obstructs or attempts to prevent or obstruct an inspector or investigator from entering premises or making an inspection or conducting an investigation is guilty of an offence.
Same, request for information
(3) A person who refuses to comply with a request for information or for copies of any books, accounts or records made by an inspector or investigator under subsection 18 (2.1) is guilty of an offence.
(2) Subsection 23 (3.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule A, section 20, is repealed.
(3) Subsection 23 (4) of the Act is repealed and the following substituted:
Penalty, individual
(4) An individual who is convicted of an offence under this section is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or both; and
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or both.
Same, corporation
(5) A corporation that is convicted of an offence under this section is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
No limitation
(6) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Cancer Act
2. Clause 5 (c) of the Cancer Act, as re-enacted by the Statutes of Ontario, 1997, chapter 45, section 15, is amended by striking out “The Toronto Hospital” and substituting “University Health Network”.
Charitable Institutions Act
3. (1) Subsection 9.23 (3) of the Charitable Institutions Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 6, is repealed and the following substituted:
Offence, individual
(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;
(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both.
Same, corporation
(4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(5) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(6) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
(2) Subsection 10.1 (14) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 8, is repealed and the following substituted:
Offence, individual
(14) An individual who contravenes subsection (12) or (13) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;
(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both.
Corporation
(14.1) A corporation that contravenes subsection (12) or (13) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
No limitation
(14.2) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
(3) Subsection 10.4 (3) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 8, is repealed and the following substituted:
Offence, individual
(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;
(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both.
Same, corporation
(4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
No limitation
(5) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Healing Arts Radiation Protection Act
4. Section 24 of the Healing Arts Radiation Protection Act is repealed and the following substituted:
Offence
24. (1) Every person is guilty of an offence who,
(a) knowingly furnishes false information in an application under this Act or in any statement or return required to be furnished under this Act or the regulations;
(b) fails to comply with any order, direction or other requirement made under this Act; or
(c) contravenes any provision of this Act or the regulations.
Penalty, individual
(2) Every individual who is convicted of an offence under subsection (1) is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(3) Every corporation that is convicted of an offence under subsection (1) is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
No limitation
(4) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Health Cards and Numbers Control
Act, 1991
5. Subsections 3 (2) and (3) of the Health Cards and Numbers Control Act, 1991 are repealed and the following substituted:
Penalty, individual
(2) An individual who is convicted of an offence is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(3) A corporation that is convicted of an offence is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
No limitation
(4) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Health Care Accessibility Act
6. (1) Subsection 4 (1) of the Health Care Accessibility Act is repealed and the following substituted:
Unauthorized payment
(1) If the General Manager is satisfied that a person has paid an unauthorized payment to a practitioner, the General Manager shall pay to the person the amount of the unauthorized payment.
(2) Subsection 8 (1.2) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 38, is repealed and the following substituted:
Penalty, individual
(1.2) An individual who is convicted of an offence under this section is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Penalty, corporation
(1.3) A corporation that is convicted of an offence under this section is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(1.4) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(1.5) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Health Facilities Special
Orders Act
7. Section 16 of the Health Facilities Special Orders Act is repealed and the following substituted:
Offence, individual
16. (1) Every individual who knowingly fails to comply with an order under this Act is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;
(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both.
Same, corporation
(2) Every corporation that knowingly fails to comply with an order under this Act is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Same, directors and officers
(3) A director or officer of the corporation who authorizes or permits a contravention by the corporation under subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(4) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(5) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Health Insurance Act
8. (1) Paragraph 2 of subsection 18.1 (6) of the Health Insurance Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is repealed and the following substituted:
2. The committee member may give any direction that the applicable committee is authorized under subsection (10) to give. If the review results from a request made under clause (2) (a) or (4) (a), the direction may provide for payment or reimbursement of an amount greater than the prescribed amount referred to in those clauses.
(2) Paragraph 4 of subsection 18.1 (6) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is repealed and the following substituted:
4. Following the review, the committee member shall promptly give notice to the physician or practitioner of his or her direction under paragraph 2. The committee member is not required to give written reasons for the direction.
(3) Subsection 18.1 (7) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is amended by striking out “a decision of” and substituting “the direction given by”.
(4) Subsection 18.1 (8) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is repealed and the following substituted:
Request for reconsideration
(8) A request for reconsideration must be made within 30 days after the physician or practitioner receives notice of the single committee member’s direction, and must be accompanied by the prescribed application fee.
(5) Subsection 18.1 (10) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is repealed and the following substituted:
Direction by committee
(10) Following the review or following its reconsideration of a review by a single committee member, the Medical Review Committee or the practitioner review committee may give a direction,
(a) that the decision of the General Manager be confirmed;
(b) that the General Manager make a payment in accordance with the submitted account;
(c) that the General Manager pay a reduced amount, as calculated by the General Manager in accordance with the direction; or
(d) that the physician or practitioner reimburse the Plan in the amount calculated by the General Manager in accordance with the direction.
(6) Paragraph 2 of subsection 18.1 (18) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is amended by striking out “the decision” and substituting “the direction”.
(7) Subsection 18.2 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is repealed and the following substituted:
Review
(1) The General Manager may request the Medical Review Committee to review the provision of a service by a physician, practitioner or health facility when the service was provided at the request of another physician and the General Manager is of the opinion that the service was not medically necessary.
(8) Subsection 18.2 (2) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is amended by striking out “the physician” in the portion before clause (a) and substituting “the physician who requested the provision of the service”.
(9) Subsection 18.2 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 13, is amended by striking out “18.1 (14), (15)” and substituting “18.1 (14) to (16)”.
(10) Paragraph 3 of subsection 20 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 15, is amended by striking out “decision” and substituting “direction”.
(11) Paragraph 4 of subsection 20 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 15, is amended by striking out “decision” and substituting “direction”.
(12) Subsection 21 (1) of the Act is repealed and the following substituted:
Powers of Appeal Board
(1) If a person requires a hearing, the Appeal Board shall appoint a time for and hold the hearing and may, by order, direct the General Manager to take such action as the Appeal Board considers the General Manager should take in accordance with this Act and the regulations.
Same
(1.0.1) For the purposes of making an order under subsection (1), the Appeal Board may amend a direction of the General Manager, the Medical Review Committee or a practice review committee and shall do so in accordance with this Act and the regulations.
(13) Subsection 25 (1) of the Act is amended by striking out “clauses 18 (2) (a) to (d) or 18 (3) (a) to (d)” and substituting “paragraphs 1 to 7 of subsection 18 (2)”.
(14) Subsection 25 (2) of the Act is amended by striking out “clauses 18 (2) (a) to (d) or 18 (3) (a) to (d)” and substituting “paragraphs 1 to 7 of subsection 18 (2)”.
(15) Subsection 25 (3) of the Act is repealed and the following substituted:
Notice
(3) If a direction under clause 18.1 (10) (d) requiring a physician or practitioner to reimburse the Plan has become final and the physician or practitioner does not submit his or her accounts directly to the Plan, the General Manager may serve notice on the physician or practitioner of the amount of the overpayment to be recovered by the General Manager from the physician or practitioner.
(16) Subsection 25 (8) of the Act is amended by striking out “decision” wherever it appears and substituting in each case “direction”.
(17) Subsection 25 (9) of the Act is amended by striking out “decision” wherever it appears and substituting in each case “direction”.
(18) Subsection 37.1 (7) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 31, is amended by striking out “subsection (1), (2), (3) or (4)” and substituting “subsection (1), (3) or (4)”.
(19) Section 37.1 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 31, is amended by adding the following subsection:
Different service provided
(8) In the absence of a record described in subsection (2), the insured service that was provided is presumed to be the insured service, if any, that the General Manager considers to be described in the records as having been provided and not the insured service for which the account was prepared or submitted.
(20) Subsection 38 (4) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 32, is repealed and the following substituted:
Exception for professional discipline
(4) If, in the course of the administration of this Act and the regulations, the General Manager, the Medical Review Committee or a practitioner review committee obtains reasonable grounds to believe that a physician or practitioner is incompetent, incapable or has committed professional misconduct, the General Manager, the Medical Review Committee or the practitioner review committee, as the case may be, shall give the following information to the statutory body governing the profession of the physician or practitioner:
1. The information described in subsection (2).
2. Information pertaining to the nature of the insured services provided by the physician or practitioner.
3. Information concerning any diagnosis given by the physician or practitioner.
4. Such other personal information as may be prescribed.
(21) Subsection 39.1 (7) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 33, is amended by striking out “(14), (15)” and substituting “(14) to (16)”.
(22) Section 44 of the Act is repealed and the following substituted:
General penalty, individual
44. (1) Every individual who contravenes any provision of this Act or the regulations for which no penalty is specifically provided is guilty of an offence and is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(2) Every corporation that contravenes any provision of this Act or the regulations for which no penalty is specifically provided is guilty of an offence and is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(3) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(4) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Health Protection and
Promotion Act
9. (1) Subsection 35 (1) of the Health Protection and Promotion Act is amended by striking out “Ontario Court (Provincial Division)” and substituting “Ontario Court of Justice”.
(2) Subsection 35 (15) of the Act is amended by striking out “Ontario Court (Provincial Division)” and substituting “Ontario Court of Justice”.
(3) Subsection 35 (16) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(4) Subsection 35 (18) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(5) Clause 39 (2) (a) of the Act is amended by striking out “Ontario Court (Provincial Division)” and substituting “Ontario Court of Justice”.
(6) Subsection 45 (4) of the Act is amended by striking out “Ontario Court (General Division)” at the end and substituting “Superior Court of Justice”.
(7) Subsection 46 (2) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(8) Subsection 52 (4) of the Act is amended by striking out “and has obtained the consent of the Minister”.
(9) Subsection 86.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(10) Subsection 87 (5) of the Act is amended by striking out “Ontario Court (General Division)” in the portion before clause (a) and substituting “Superior Court of Justice”.
(11) The Act is amended by adding the following section:
Personal information
91.1 (1) A medical officer of health may, subject to any conditions that may be prescribed in the regulations, directly or indirectly collect personal information for the purposes of this Act or for purposes related to administration of a public health program or service that is prescribed in the regulations.
Use or retention of personal information
(2) A medical officer of health may use or retain personal information, subject to any conditions that are prescribed in the regulations, for the purposes of this Act or for purposes related to the administration of a public health program or service that is prescribed in the regulations.
Disclosure
(3) A medical officer of health may disclose personal information to another medical officer of health if any conditions that are prescribed in the regulations have been met and if the disclosure is necessary for the purposes of this Act or for purposes related to administration of a public health program or service that is prescribed in the regulations.
Refusal to disclose
(4) A medical officer of health shall not disclose the information if, in his or her opinion, the disclosure is not necessary for a purpose mentioned in subsection (3).
Obligation
(5) Before disclosing personal information obtained under this section, a medical officer of health shall delete from it all names and identifying numbers, symbols or other particulars assigned to individuals unless,
(a) disclosure of the names or other identifying information is necessary for the purposes described in subsection (3); or
(b) disclosure of the names or other identifying information is otherwise authorized under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Regulations
(6) The Minister may make regulations prescribing anything that may be prescribed for the purposes of this section.
(12) Subsection 102 (1) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(13) Subsection 102 (2) of the Act is amended by striking out “Ontario Court (General Division)” wherever it appears and substituting in each case “Superior Court of Justice”.
Homes for the Aged and
Rest Homes Act
10. (1) Subsection 21 (14) of the Homes for the Aged and Rest Homes Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 17, is repealed and the following substituted:
Offence, individual
(14) An individual who contravenes subsection (12) or (13) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;
(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both.
Same, corporation
(14.1) A corporation that contravenes subsection (12) or (13) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(14.2) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(14.3) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
(2) Subsection 21.4 (3) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 17, is repealed and the following substituted:
Offence, individual
(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;
(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both.
Same, corporation
(4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(5) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(6) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
(3) Subsection 30.10 (3) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 20, is repealed and the following substituted:
Offence, individual
(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;
(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both.
Same, corporation
(4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(5) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(6) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Immunization of School Pupils Act
11. (1) The definition of “designated diseases” in section 1 of the Immunization of School Pupils Act is repealed and the following substituted:
“designated diseases” means diphtheria, measles, mumps, poliomyelitis, rubella, tetanus and any other disease prescribed by the Minister of Health and Long-Term Care; (“maladies désignées”)
(2) Subsection 15 (9) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(3) Subsection 16 (2) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(4) Section 17 of the Act, as amended by the Statutes of Ontario, 1997, chapter 15, section 9, is amended by adding the following subsection:
Regulations by Minister
(3) The Minister of Health and Long-Term Care may make regulations prescribing designated diseases for the purposes of this Act.
Independent Health
Facilities Act
12. (1) The definition of “maximum allowable consideration” in subsection 1 (1) of the Independent Health Facilities Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 19, is repealed.
(2) Subsections 11 (2), (3) and (4) of the Act are repealed and the following substituted:
Criteria
(2) In deciding whether to consent to the transfer of a licence, the Director shall treat the proposed transferee of the licence as if the proposed transferee were an applicant for a licence and, for the purpose, subsection 6 (1) other than clause 6 (1) (a) applies with necessary modifications.
(3) Subsection 13 (2) of the Act is repealed.
(4) Clause 18 (1) (f) of the Act is repealed.
(5) Section 39 of the Act is amended by adding the following section:
Same
(1.1) Every person who fails to comply with subsection 37.2 (1) of the Act is guilty of an offence.
(6) Subsections 39 (4), (5) and (6) of the Act are repealed and the following substituted:
Penalty, individual
(4) Every individual who is convicted of an offence under this section is liable for each day or part of a day on which the offence occurs or continues,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(5) Every corporation that is convicted of an offence under this section is liable, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(6) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(7) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
(7) Paragraph 5.2 of subsection 42 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 38, is amended by striking out “subsection 30 (1)” and substituting “section 30”.
(8) Paragraphs 29 and 30 of subsection 42 (1) of the Act are repealed.
(9) Subsection 42 (3) of the Act is repealed.
(10) Subsection 42 (6) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 38, is amended by striking out “19.2 or 29” and substituting “or 19.2”.
Laboratory and Specimen Collection
Centre Licensing Act
13. (1) Section 17 of the Laboratory and Specimen Collection Centre Licensing Act is repealed and the following substituted:
Penalty, individual
17. (1) An individual who contravenes any provision of sections 5 to 16 or of the regulations made under section 18 is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(2) A corporation that contravenes any provision of sections 5 to 16 or of the regulations made under section 18 is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
No limitation
(3) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
(2) Subsections 22 (1) and (2) of the Act are repealed and the following substituted:
Other offences
(1) Subject to subsection (2), a person who contravenes any other provision of this Act or of the regulations for which no other penalty is provided or of any municipal by-law passed under this Act, or who wilfully disobeys or neglects to carry out any order or direction lawfully made or given by the Ministry, an inspector appointed under section 2, a local board, medical officer of health or public health inspector, is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(2) A corporation that is convicted of an offence under subsection (1) is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
(3) Section 22 of the Act is amended by adding the following subsection:
No limitation
(4) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Long-Term Care Act, 1994
14. Subsection 66 (6) of the Long-Term Care Act, 1994 is repealed and the following substituted:
Penalty, individual
(6) Every individual who is convicted of an offence under this Act is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(7) Every corporation that is convicted of an offence under this Act is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(8) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(9) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Ministry of Health Act
15. (1) The title of the Ministry of Health Act is repealed and the following substituted:
Ministry of Health and
Long-Term Care Act
(2) The definition of “Deputy Minister” in section 1 of the Act is repealed and the following substituted:
“Deputy Minister” means the Deputy Minister of Health and Long-Term Care; (“sous-ministre”)
(3) The definition of “Minister” in section 1 of the Act is repealed and the following substituted:
“Minister” means the Minister of Health and Long-Term Care; (“ministre”)
(4) The definition of “Ministry” in section 1 of the Act is repealed.
(5) Section 2 of the Act is repealed and the following substituted:
Ministry continued
2. The ministry of the Minister is hereby continued under the name Ministry of Health and Long-Term Care in English and ministère de la Santé et des Soins de longue durée in French.
(6) Subsection 3 (3) of the Act is repealed and the following substituted:
Delegation of authority
(3) The Minister may delegate, in writing, any of his or her powers or duties under this or any other Act to any of the following persons and may impose conditions and restrictions with respect to the delegation:
1. The Deputy Minister.
2. Any public servant.
3. Any other person who is employed in the Ministry.
4. Any officer or member of the board of an agency or other entity for which the Minister has been assigned responsibility by the Lieutenant Governor in Council.
(7) Section 8 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 1, is repealed.
(8) Clause 12 (c.1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 2, is repealed.
(9) Clauses 12 (d.2) and (d.3) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 26, section 74 and amended by 1996, chapter 1, Schedule F, section 2, are repealed and the following substituted:
(d.2) making a provision of the Corporations Act applicable to district health councils;
(d.3) restricting or limiting the capacity and powers of district health councils;
Ministry of Health Appeal and
Review Boards Act, 1998
16. Section 6 of the Ministry of Health Appeal and Review Boards Act, 1998 is amended by adding the following subsections:
Limit on jurisdiction
(3) Despite subsection (2), the Board shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation.
Same
(4) Subsection (3) shall be deemed always to have applied to the Board, but its enactment by section 16 of Schedule I to the Government Efficiency Act, 2002 does not affect any proceeding that was finally determined before the date on which that section came into force.
Nursing Homes Act
17. Section 36 of the Nursing Homes Act, as amended by the Statutes of Ontario, 1993, chapter 2, section 42, is repealed and the following substituted:
Penalty, individual
36. (1) An individual who contravenes any provision of this Act or the regulations, except subsections 19 (1), 20.1 (7), (8), (9), (10), (11), (12), (13), (16) and (18), section 20.2 and subsections 20.5 (1), 20.6 (5) and (16) and 20.8 (5), is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(2) A corporation that contravenes any provision of this Act or the regulations, except subsections 19 (1), 20.1 (7), (8), (9), (10), (11), (12), (13), (16) and (18), section 20.2 and subsections 20.5 (1), 20.6 (5) and (16) and 20.8 (5), is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Compensation or restitution
(3) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(4) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Ontario Drug
Benefit Act
18. Section 15 of the Ontario Drug Benefit Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule G, section 13, is repealed and the following substituted:
Offence
15. (1) A person is guilty of an offence if the person,
(a) charges a person more than is permitted under this Act;
(b) submits to the Minister a claim for payment where the Minister is not required to make any payment or where the claim is in excess of the amount the Minister is required to pay;
(c) contravenes subsection 9 (2) (supplier charges contrary to agreement);
(d) contravenes section 10 (refuses to dispense);
(e) refuses to submit information required to be submitted under this Act or knowingly furnishes false or incomplete information to the Ministry in connection with the administration of this Act; or
(f) obstructs a person carrying out an inspection under section 14.
Penalty, individual
(2) Subject to subsections (5) and (6), an individual who is convicted of an offence under subsection (1) is liable,
(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;
(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.
Same, corporation
(3) Subject to subsections (5) and (6), a corporation that is convicted of an offence under subsection (1) is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Same, officers and directors
(4) Subject to subsections (5) and (6), an officer or director of a corporation who authorizes or permits the corporation to contravene subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.
Minimum penalty
(5) The minimum penalty for each offence under clause (1) (a) is two times the difference between the amount that was charged to or accepted from a person other than the Minister and the amount permitted under this Act.
Same
(6) The minimum penalty for each offence under clause (1) (b) is two times the difference between the amount for which a claim was submitted to the Minister and the amount the Minister is required to pay.
Compensation or restitution
(7) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.
No limitation
(8) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.
Toronto Hospital Act, 1997
19. (1) The title of the Toronto Hospital Act, 1997 is repealed and the following substituted:
University Health Network
Act, 1997
(2) The definition of “corporation” in section 1 of the Act is repealed and the following substituted:
“corporation” means the corporation continued by subsection 2 (1). (“association”)
(3) Subsection 2 (1) of the Act is repealed and the following substituted:
University Health Network
(1) The corporation formerly known as The Toronto Hospital, as continued after the amalgamation of The Toronto Hospital and The Ontario Cancer Institute, is continued as a corporation without share capital under the name of University Health Network in English and Réseau universitaire de santé in French.
(4) Section 5 of the Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 63, is repealed, and the following substituted:
Board
5. (1) The affairs of the corporation shall be managed by a board of trustees consisting of,
(a) such persons as are provided for in the by-laws of the corporation; and
(b) such other persons as are provided for under the Public Hospitals Act.
Same
(2) Until a board is established as provided for in the by-laws of the corporation, the following shall serve as the board of trustees:
1. The persons who, immediately before the coming into force of section 19 of Schedule I to the Government Efficiency Act, 2002, were members of the Executive Committee of the board of trustees of the corporation established under the by-laws of the corporation.
2. The members of the board of trustees who hold office by virtue of the Public Hospitals Act.
Trillium Gift of Life Network Act
20. Subsection 9 (1) of the Trillium Gift of Life Network Act, as re-enacted by the Statutes of Ontario, 2000, chapter 39, section 7, is repealed and the following substituted:
Immunity
(1) No action or other proceeding for damages or otherwise shall be instituted against any of the following individuals for any act done or performed in good faith in the performance or intended performance of any duty or function or in the exercise or intended exercise of any power or authority under this Act or for any neglect, default or omission in the performance or execution in good faith of any duty, function, power or authority under this Act:
1. A member of the board of directors of the Network.
2. A member of the medical or other staff of a designated facility.
3. Any other person employed in a designated facility.
Commencement
Commencement
21. This Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
SCHEDULE J
AMENDMENTS PROPOSED BY THE
MINISTRY OF LABOUR
Ambulance Services Collective
Bargaining Act, 2001
1. Section 7 of the Ambulance Services Collective Bargaining Act, 2001 is amended by adding the following subsection:
Non-disclosure and non-compellability
(4) Subsections 119 (2) and (3) and section 120 of the Labour Relations Act, 1995 apply with necessary modifications with respect to a conciliation officer appointed under this section.
Crown Employees Collective
Bargaining Act, 1993
2. Section 35 of the Crown Employees Collective Bargaining Act, 1993 is amended by adding the following subsection:
Non-disclosure and non-compellability
(2) Subsections 119 (2) and (3) and section 120 of the Labour Relations Act, 1995 apply with necessary modifications with respect to a conciliation officer appointed under this section.
Employment Standards Act, 2000
3. (1) The definition of “regular rate” in subsection 1 (1) of the Employment Standards Act, 2000 is amended by striking out “amount paid” in clauses (a) and (b) and substituting in both cases “amount earned”.
(2) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule I, section 1, is amended by adding the following definitions:
“alternative vacation entitlement year” means, with respect to an employee, a recurring 12-month period that begins on a date chosen by the employer, other than the first day of the employee’s employment; (“année de référence différente”)
“standard vacation entitlement year” means, with respect to an employee, a recurring 12-month period that begins on the first day of the employee’s employment; (“année de référence normale”)
“stub period” means, with respect to an employee for whom the employer establishes an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force,
(a) if the employee’s first alternative vacation entitlement year begins before the completion of his or her first 12 months of employment, the period that begins on the first day of employment and ends on the day before the start of the alternative vacation entitlement year,
(b) if the employee’s first alternative vacation entitlement year begins after the completion of his or her first 12 months of employment, the period that begins on the day after the day on which his or her most recent standard vacation entitlement year ended and ends on the day before the start of the alternative vacation entitlement year; (“période tampon”)
“vacation entitlement year” means an alternative vacation entitlement year or a standard vacation entitlement year; (“année de référence”)
(3) Clause 12 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule I, section 1, is repealed.
(4) Subsection 12 (2) of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule I, section 1, is repealed.
(5) The Act is amended by adding the following section:
Statement re wages on termination
12.1 On or before the day on which the employer is required to pay wages under subsection 11 (5), the employer shall provide the employee with a written statement setting out,
(a) the gross amount of any termination pay or severance pay being paid to the employee;
(b) the gross amount of any vacation pay being paid to the employee;
(c) unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated;
(d) the pay period for which any wages other than wages described in clauses (a) or (b) are being paid;
(e) the wage rate, if there is one;
(f) the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated;
(g) the amount and purpose of each deduction from wages;
(h) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and
(i) the net amount of wages being paid to the employee.
(6) Paragraph 5 of subsection 15 (1) of the Act is amended by striking out “subsection 12 (1) and clause 36 (3) (b)” and substituting “subsection 12 (1), section 12.1 and clause 36 (3) (b)”.
(7) Paragraph 6 of subsection 15 (1) of the Act is repealed.
(8) Paragraph 5 of subsection 15 (5) of the Act is repealed.
(9) The Act is amended by adding the following section:
Record re vacation time and vacation pay
15.1 (1) An employer shall record information concerning an employee’s entitlement to vacation time and vacation pay in accordance with this section.
Content of record
(2) The employer shall record the following information:
1. The amount of vacation time, if any, that the employee had earned since the start of employment but had not taken before the start of the vacation entitlement year.
2. The amount of vacation time that the employee earned during the vacation entitlement year.
3. The amount of vacation time, if any, taken by the employee during the vacation entitlement year.
4. The amount of vacation time, if any, that the employee had earned since the start of employment but had not taken as of the end of the vacation entitlement year.
5. The amount of vacation pay paid to the employee during the vacation entitlement year.
6. The amount of wages on which the vacation pay referred to in paragraph 5 was calculated and the period of time to which those wages relate.
Additional requirement, alternative vacation entitlement year
(3) If the employer establishes for an employee an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the employer shall record the following information for the stub period:
1. The amount of vacation time that the employee earned during the stub period.
2. The amount of vacation time, if any, that the employee took during the stub period.
3. The amount of vacation time, if any, earned but not taken by the employee during the stub period.
4. The amount of vacation pay paid to the employee during the stub period.
5. The amount of wages on which the vacation pay referred to in paragraph 4 was calculated and the period of time to which those wages relate.
When information to be recorded
(4) The employer shall record information under this section by a date that is not later than the later of,
(a) seven days after the start of the next vacation entitlement year or the first vacation entitlement year, as the case may be; and
(b) the first pay day of the next vacation entitlement year or of the first vacation entitlement year, as the case may be.
Retention of records
(5) The employer shall retain or arrange for some other person to retain each record required under this section for three years after it was made.
Exception
(6) Paragraphs 5 and 6 of subsection (2) and paragraphs 4 and 5 of subsection (3) do not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3).
Transition
(7) This section does not apply with respect to a vacation entitlement year or a stub period that is completed before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force.
(10) Subsection 18 (1) of the Act is amended by striking out “11 hours” and substituting “11 consecutive hours”.
(11) Subsection 22 (2) of the Act is repealed and the following substituted:
Averaging agreements
(2) Subject to the regulations, if the employee and the employer agree to do so, the employee’s hours of work may be averaged over separate, non-overlapping, contiguous periods of not more than four consecutive weeks each, for the purpose of determining the employee’s entitlement, if any, to overtime pay.
(12) Clause 24 (1) (a) of the Act is amended by striking out “regular wages and vacation pay payable” and substituting “regular wages earned and vacation pay payable”.
(13) Subsection 27 (4) of the Act is amended by adding the following paragraph:
5. If the employee performs all of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).
(14) Subsection 28 (4) of the Act is amended by adding the following paragraph:
5. If the employee performs all of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).
(15) Section 29 of the Act is amended by adding the following subsections:
Employee on leave or lay-off
(2.1) If a public holiday falls on a day that would not ordinarily be a working day for an employee and the employee is on a leave of absence under section 46 or 48 or on a layoff on that day, the employee is entitled to public holiday pay for the day but has no other entitlement under this Part with respect to the public holiday.
Layoff resulting in termination
(2.2) Subsection (2.1) does not apply to an employee if his or her employment has been terminated under clause 56 (1) (c) and the public holiday falls on or after the day on which the lay-off first exceeded the period of a temporary lay-off.
(16) Subsection 29 (4) of the Act is amended by striking out “subsection (1) or (3)” and substituting “subsection (1), (2.1) or (3)”.
(17) Subsection 30 (4) of the Act is amended by adding the following paragraph:
5. If the employee performs all of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).
(18) Sections 33, 34 and 35 of the Act are repealed and the following substituted:
Right to vacation
33. (1) An employer shall give an employee a vacation of at least two weeks after each vacation entitlement year that he or she completes.
Active and inactive employment
(2) Both active employment and inactive employment shall be included for the purposes of subsection (1).
Where vacation not taken in complete weeks
(3) If an employee does not take his or her vacation in complete weeks and the 12-month period of employment to which the vacation relates begins on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the employer shall base the number of days of vacation that the employee is entitled to on,
(a) the number of days in the employee’s regular work week;
(b) if the employee does not have a regular work week, the average number of days the employee worked per week during the most recently completed vacation entitlement year.
Same
(4) If an employee does not take his or her vacation in complete weeks and the 12-month period of employment to which the vacation relates begins before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the number of vacation days to which the employee is entitled shall be determined as follows:
1. If the 12-month period of employment ends before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the number of days of vacation to which the employee is entitled shall be determined under subsection (3) of this section as it read before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force.
2. If the 12-month period of employment had begun but not ended before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the number of days of vacation to which the employee is entitled shall be the greater of,
i. the number of days to which he or she would have been entitled under subsection (3) of this section as it read before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, and
ii. the number of days to which he or she would be entitled under subsection (3) of this section as re-enacted by section 3 of Schedule J to the Government Efficiency Act, 2002.
Alternative vacation entitlement year
Application
34. (1) This section applies if the employer establishes for an employee an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force.
Vacation for stub period
(2) The employer shall do the following with respect to the stub period:
1. The employer shall calculate the ratio between the stub period and 12 months.
2. If the employee has a regular work week, the employer shall give him or her a vacation for the stub period that is equal to two weeks multiplied by the ratio calculated under paragraph 1.
3. If the employee does not have a regular work week, the employer shall give him or her a vacation for the stub period that is equal to 2 × A × the ratio calculated under paragraph 1, where,
A = the average number of days the employee worked per work week in the stub period.
Active and inactive employment
(3) Both active employment and inactive employment shall be included for the purposes of subsection (2).
Timing of vacation
35. The employer shall determine when an employee shall take his or her vacation for a vacation entitlement year, subject to the following rules:
1. The vacation shall be completed no later than 10 months after the end of the vacation entitlement year for which it is given.
2. The vacation shall be a two-week period or two periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request.
Timing of vacation, alternative vacation entitlement year
35.1 (1) This section applies if the employer establishes for an employee an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force.
Same
(2) The employer shall determine when the employee shall take his or her vacation for the stub period, subject to the following rules:
1. The vacation shall be completed no later than 10 months after the start of the first alternative vacation entitlement year.
2. Subject to paragraphs 3 and 4, if the vacation entitlement is equal to two or more days, the vacation shall be taken in a period of consecutive days.
3. Subject to paragraph 4, if the vacation entitlement is equal to more than five days, at least five vacation days shall be taken in a period of consecutive days and the remaining vacation days may be taken in a separate period of consecutive days.
4. Paragraphs 2 and 3 do not apply if the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request.
Vacation pay
35.2 An employer shall pay vacation pay to an employee who is entitled to vacation under section 33 or 34 equal to at least 4 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given.
(19) Clause 36 (3) (a) of the Act is repealed and the following substituted :
(a) the statement of wages provided for that period under subsection 12 (1) sets out, in addition to the information required by that subsection, the amount of vacation pay that is being paid separately from the amount of other wages that is being paid; or
(20) Clause 36 (3) (b) of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule I, section 1, is repealed and the following substituted:
(b) a separate statement setting out the amount of vacation pay that is being paid is provided to the employee at the same time that the statement of wages is provided under subsection 12 (1).
(21) The Act is amended by adding the following section:
Vacation statements
41.1 (1) An employee is entitled to receive the following statements on making a written request:
1. After the end of a vacation entitlement year, a statement in writing that sets out the information contained in the record the employer is required to keep under subsection 15.1 (2).
2. After the end of a stub period, a statement in writing that sets out the information contained in the record the employer is required to keep under subsection 15.1 (3).
When statement to be provided
(2) Subject to subsection (3), the statement shall be provided to the employee not later than the later of,
(a) seven days after the employee makes his or her request; and
(b) the first pay day after the employee makes his or her request.
Same
(3) If the request is made during the vacation entitlement year or stub period to which it relates, the statement shall be provided to the employee not later than the later of,
(a) seven days after the start of the next vacation entitlement year or the first vacation entitlement year, as the case may be; and
(b) the first pay day of the next vacation entitlement year or of the first vacation entitlement year, as the case may be.
Restriction re frequency
(4) The employer is not required to provide a statement to an employee more than once with respect to a vacation entitlement year or stub period.
Exception
(5) This section does not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3).
Transition
(6) This section does not apply with respect to a vacation entitlement year that is completed before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force.
(22) Subsection 51.1 (2) of the Act, as enacted by the Statutes of Ontario, 2001, chapter 9, Schedule I, section 1, is amended by striking out “paragraph 1 of section 34” and substituting “paragraph 1 of section 35 or paragraph 1 of subsection 35.1 (2)”.
(23) Subsection 56 (3) of the Act is repealed and the following substituted:
Definition
(3) In subsections (3.1) to (3.6),
“excluded week” means a week during which, for one or more days, the employee is not able to work, is not available for work, is subject to a disciplinary suspension or is not provided with work because of a strike or lock-out occurring at his or her place of employment or elsewhere.
Lay-off, regular work week
(3.1) For the purpose of subsection (2), an employee who has a regular work week is laid off for a week if,
(a) in that week, the employee earns less than one-half the amount he or she would earn at his or her regular rate in a regular work week; and
(b) the week is not an excluded week.
Effect of excluded week
(3.2) For the purpose of clauses (2) (a) and (b), an excluded week shall be counted as part of the periods of 20 and 52 weeks.
Lay-off, no regular work week
(3.3) For the purposes of clauses (1) (c) and (2) (a), an employee who does not have a regular work week is laid off for a period longer than the period of a temporary lay-off if for more than 13 weeks in any period of 20 consecutive weeks he or she earns less than one-half the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 20-week period.
Effect of excluded week
(3.4) For the purposes of subsection (3.3),
(a) an excluded week shall not be counted as part of the 13 or more weeks but shall be counted as part of the 20-week period; and
(b) if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded.
Lay-off, no regular work week
(3.5) For the purposes of clauses (1) (c) and (2) (b), an employee who does not have a regular work week is laid off for a period longer than the period of a temporary lay-off if for 35 or more weeks in any period of 52 consecutive weeks he or she earns less than one-half the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 52-week period.
Effect of excluded week
(3.6) For the purposes of subsection (3.5),
(a) an excluded week shall not be counted as part of the 35 or more weeks but shall be counted as part of the 52-week period; and
(b) if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded.
(24) Clause 63 (1) (a) of the Act is repealed and the following substituted:
(a) the employer dismisses the employee or otherwise refuses or is unable to continue employing the employee;
(25) Subsection 63 (2) of the Act is repealed and the following substituted:
Definition
(2) In subsections (2.1) to (2.4),
“excluded week” means a week during which, for one or more days, the employee is not able to work, is not available for work, is subject to a disciplinary suspension or is not provided with work because of a strike or lock-out occurring at his or her place of employment or elsewhere.
Lay-off, regular work week
(2.1) For the purpose of clause (1) (c), an employee who has a regular work week is laid off for a week if,
(a) in that week, the employee earns less than one-quarter the amount he or she would earn at his or her regular rate in a regular work week; and
(b) the week is not an excluded week.
Effect of excluded week
(2.2) For the purposes of clause (1) (c), an excluded week shall be counted as part of the period of 52 weeks.
Lay-off, no regular work week
(2.3) For the purpose of clause (1) (c), an employee who does not have a regular work week is laid off for 35 or more weeks in any period of 52 consecutive weeks if for 35 or more weeks in any period of 52 consecutive weeks he or she earns less than one-quarter the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 52-week period.
Effect of excluded week
(2.4) For the purposes of subsection (2.3),
(a) an excluded week shall not be counted as part of the 35 or more weeks, but shall be counted as part of the 52-week period; and
(b) if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded.
(26) Subsection 65 (6) of the Act is amended by striking out “regular wages received” in the portion before clause (a) and substituting “regular wages earned”.
(27) Subsection 92 (6) of the Act is amended by striking out “Subsections 91 (2) and (4) to (13)” and substituting “Subsections 91 (4) to (13)”.
(28) Section 111 of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule I, section 1, is amended by adding the following subsection:
Vacation pay
(3.1) Despite subsections (1) to (3), the time limit within which vacation pay must have become due under those subsections is 12 months, rather than six months.
(29) Subsection 113 (6.1) of the Act, as enacted by the Statutes of Ontario, 2001, chapter 9, Schedule I, section 1, is amended by striking out “the day the notice of contravention was issued” and substituting “the day the notice of contravention was served”.
(30) Subsection 141 (1) of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule I, section 1, is amended by adding the following paragraph:
14.1 Providing that payments to an employee by way of pension benefits, insurance benefits, workplace safety and insurance benefits, bonus, employment insurance benefits, supplementary employment insurance benefits or similar arrangements shall or shall not be taken into account in determining the amount that an employer is required to pay to an employee under clause 60 (1) (b), section 61 or section 64.
Labour Relations Act, 1995
4. (1) Subsections 92.1 (4) to (10) of the Labour Relations Act, 1995, as enacted by the Statutes of Ontario, 2000, chapter 38, section 12, are repealed and the following substituted:
Salary disclosure statement – local trade union
(4) A local trade union shall provide a written statement setting out the amount of salary and benefits that it paid in the previous year to or in respect of each of its employees to whom or in respect of whom it paid a salary and benefits totalling $100,000 or more,
(a) to the Minister; and
(b) to every individual who makes a request to the local trade union under subsection (2).
Exception
(5) A local trade union is not required to comply with subsection (4) with respect to its employees to whom subsection (11) applies.
Salary disclosure statement – parent trade union
(6) A parent trade union shall provide a written statement setting out the amount of salary and benefits that it paid in the previous year to or in respect of each of its employees to whom or in respect of whom it paid, or is deemed to have paid under subsection (11), a salary and benefits totalling $100,000 or more,
(a) to the Minister; and
(b) to every individual who makes a request to the parent trade union under subsection (2) or whose request was conveyed to the parent trade union under subsection (3).
Notice
(7) At least two weeks before providing a statement to the Minister under subsection (4) or (6), the trade union shall give written notice to each employee to whom the information in the statement relates of its intention to provide the statement.
No salary and benefits over $100,000 – local trade union
(8) If a local trade union has no employees to whom or in respect of whom it paid a total of $100,000 or more in salary and benefits in the previous year, the local trade union shall provide a written statement stating that fact, certified by the local trade union’s highest ranking officer,
(a) to the Minister; and
(b) to every individual who makes a request to the local trade union under subsection (2).
Exception
(9) A local trade union is not required to comply with subsection (8) with respect to its employees to whom subsection (11) applies.
No salary and benefits over $100,000 –
parent trade union
(10) If a parent trade union has no employees to whom or in respect of whom it paid, or is deemed to have paid under subsection (11), a total of $100,000 or more in salary and benefits in the previous year, the parent trade union shall provide a written statement stating that fact, certified by the parent trade union’s highest ranking officer,
(a) to the Minister; and
(b) to every individual who makes a request under subsection (2) or whose request was conveyed to the parent trade union under subsection (3).
Timing of statement – Minister
(10.1) A trade union shall provide a statement with respect to a year under subsection (4), (6), (8) or (10), as the case may be, to the Minister by April 1 of the following year.
Timing of statement – individual
(10.2) A trade union shall provide a statement with respect to a year under subsection (4), (6), (8) or (10), as the case may be, to an individual who makes a request under subsection (2) by the later of,
(a) the day that is 60 days after the day on which the request was made; or
(b) April 1 of the following year.
(2) Subsection 92.1 (13) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 38, section 12, is amended by striking out “subsection (4)” and substituting “subsection (4) or (6), as the case may be”.
(3) Subsection 92.1 (14) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 38, section 12, is amended by striking out “subsection (4) or (6)” and substituting “subsection (4), (6), (8) or (10), as the case may be”.
(4) Section 150.1 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 24, section 3 and amended by 2000, chapter 38, section 30, and section 150.2 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 24, section 3, are repealed and the following substituted:
Residential Sector of the
Construction Industry
Application of section
150.1 (1) This section applies only with respect to the geographic areas of jurisdiction of the following municipalities:
1. The City of Toronto.
2. The Regional Municipality of Halton.
3. The Regional Municipality of Peel.
4. The Regional Municipality of York.
5. The Regional Municipality of Durham.
6. The Corporation of the County of Simcoe.
Deemed expiry of collective agreements
(2) A collective agreement between an employer or employers’ organization and a trade union or council of trade unions that applies with respect to work performed in the residential sector of the construction industry shall be deemed to expire with respect to that work on April 30, 2004 if,
(a) it is in effect on the day section 4 of Schedule J to the Government Efficiency Act, 2002 comes into force or it comes into effect after that day; and
(b) it is to expire before April 30, 2007.
Same
(3) Subsection (2) applies even if the collective agreement would have a term of less than one year as a result.
Notice to bargain
(4) A notice of desire to bargain may be given any time after December 31, 2003 with respect to a collective agreement that is deemed under this section to expire on April 30, 2004.
No extension permitted
(5) The parties to a collective agreement described in subsection (2) may not agree to continue the operation of that agreement with respect to work performed in the residential sector of the construction industry beyond April 30, 2004 and any renewal provision in a collective agreement that purports to do so shall be deemed to be void.
Agreements to be three-year agreements
(6) Every collective agreement to which subsection (2) applies that is renewed and every new collective agreement that is made to replace a collective agreement to which subsection (2) applies shall, with respect to work performed in the residential sector of the construction industry, provide for the expiry of the agreement on April 30, calculated triennially from April 30, 2004.
Clarification re other work
(7) Nothing in this section shall be interpreted to affect the validity of a collective agreement to which this section applies with respect to work other than work performed in the residential sector of the construction industry in the geographic areas referred to in subsection (1).
Application of section
150.2 (1) A reference in this section to a collective agreement that expires on April 30, 2004 shall be deemed to be a reference to a collective agreement that is deemed under subsection 150.1 (2) to expire on April 30, 2004 with respect to work performed in the residential sector of the construction industry in the geographic areas referred to in subsection 150.1 (1).
Prohibition re strike
(2) No individual represented by a trade union or council of trade unions that is seeking to renew or replace a collective agreement that expires on April 30, 2004 shall commence or continue a strike after June 15, 2004 with respect to work in the residential sector of the construction industry in the geographic areas referred to in subsection 150.1 (1).
Prohibition re calling strike
(3) No trade union or council of trade unions that is seeking to renew or replace a collective agreement that expires on April 30, 2004 shall call or authorize a strike or the continuation of a strike after June 15, 2004 with respect to work in the residential sector of the construction industry in the geographic areas referred to in subsection 150.1 (1).
Prohibition re calling lock-out
(4) No employer or employers’ organization that is seeking to renew or replace a collective agreement that expires on April 30, 2004 shall call or authorize a lock-out or the continuation of a lock-out after June 15, 2004 with respect to work in the residential sector of the construction industry in the geographic areas referred to in subsection 150.1 (1).
Interest arbitration
(5) Subject to subsection (6), either party to negotiations for the renewal or replacement of a collective agreement that expires on April 30, 2004 may, by notice given in accordance with subsection (8), require that the matters in dispute between them be decided by arbitration.
Restriction
(6) A party shall not give notice under subsection (5) until the later of,
(a) the day on which a strike or lock-out would have been legal had it not been for this section; and
(b) June 15, 2004.
Exception
(7) Despite subsection (6), notice under subsection (5) may be given any time after April 30, 2004 if notice of desire to bargain has been given and both parties agree that it may be done.
Notice
(8) The notice shall be given in writing to the other party and to the Minister of Labour.
If notice given
(9) If notice is given under subsection (5),
(a) the parties may jointly appoint an arbitrator or either party may request the Minister in writing to appoint an arbitrator;
(b) if subsection (7) applies, the Minister shall not appoint a conciliation officer, a conciliation board or a mediator;
(c) if subsection (7) applies and a conciliation officer, a conciliation board or a mediator has been appointed, that appointment shall be deemed to be terminated; and
(d) subject to subsection (10), all terms and conditions of employment and all rights, privileges and duties that existed under the collective agreement that expired on April 30, 2004 shall apply with respect to the employer, the trade union and the employees, as the case may be, during the period beginning on the day on which notice was given and ending on the day,
(i) a new collective agreement is made or the collective agreement that expired is renewed, or
(ii) the right of the trade union to represent the employees is terminated.
Exception
(10) The employer and the trade union may agree to alter a term or condition of employment or a right, privilege or duty referred to in clause (9) (d).
Minister to appoint arbitrator
(11) Upon receiving a request under clause (9) (a), the Minister shall appoint an arbitrator.
Replacement
(12) If the arbitrator who is appointed is unable or unwilling to perform his or her duties, a new arbitrator shall be appointed in accordance with subsections (9) and (11).
Appointment and proceedings not to be questioned
(13) Where an individual has been appointed as an arbitrator under this section, it shall be presumed conclusively that the appointment was properly made and no application shall be made to question the appointment or to prohibit or restrain any of the arbitrator’s proceedings.
Fees and expenses
(14) Each party shall pay one-half of the fees and expenses of the arbitrator.
Arbitration method and procedure
(15) If the parties do not agree upon the method of arbitration or the arbitration procedure, the method or procedure, as the case may be, shall be as prescribed by the regulations.
Non-application of Arbitration Act, 1991
(16) The Arbitration Act, 1991 does not apply to an arbitration under this section.
Regulations
(17) The Lieutenant Governor in Council may make regulations,
(a) prescribing a method of arbitration, which may be mediation-arbitration, final offer selection or any other method of arbitration;
(b) prescribing an arbitration procedure;
(c) prescribing the powers of an arbitrator;
(d) prescribing a scale of fees and expenses allowable to arbitrators with respect to their duties under this section and limiting or restricting the application of those fees or expenses;
(e) providing a procedure for the review and determination of disputes concerning the fees and expenses charged or claimed by an arbitrator;
(f) governing the filing of schedules of fees and expenses by arbitrators, requiring arbitrators to provide parties with a copy of the schedules upon being appointed and requiring arbitrators to charge fees and expenses in accordance with the filed schedules;
(g) providing for the circumstances under which the jurisdiction of the arbitrator may be limited where the parties have agreed to some of the matters in dispute;
(h) prescribing time limits for the commencement of arbitration proceedings or for the rendering of the arbitrator’s decision and providing for the extension of those time limits;
(i) requiring the parties to prepare and execute documents giving effect to the arbitrator’s decision, requiring the arbitrator to prepare those documents if the parties fail to do so and providing for the deemed execution of the documents if either or both of the parties do not execute them.
Repeal of subss. (1) to (17)
(18) Subsections (1) to (17) are repealed on April 30, 2005.
Continued application
(19) Despite the repeal of subsections (1) to (17), those subsections continue to apply for purposes of any arbitration proceedings commenced under this section that were not completed before April 30, 2005.
Continued application of former provisions
150.2.1 Former subsections 150.2 (1) to (17), as enacted by the Statutes of Ontario, 2000, chapter 24, section 3, continue to apply, despite their repeal on April 30, 2002, for the purposes of any arbitration proceedings commenced under that former section 150.2 that were not completed before April 30, 2002.
Workplace Safety and Insurance
Act, 1997
5. (1) Paragraph 4 of the definition of “worker” in subsection 2 (1) of the Workplace Safety and Insurance Act, 1997 is repealed and the following substituted:
4. A member of a volunteer ambulance brigade.
(2) Subsection 25 (3.1) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 26, Schedule I, section 1, is amended by striking out “a municipal volunteer ambulance brigade” and substituting “a volunteer ambulance brigade”.
(3) Subsection 40 (4.1) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 26, Schedule I, section 1, is amended by striking out “a municipal volunteer ambulance brigade” and substituting “a volunteer ambulance brigade”.
(4) Subsection 41 (17) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 26, Schedule I, section 1, is amended by striking out “a municipal volunteer ambulance brigade” and substituting “a volunteer ambulance brigade”.
(5) Subsection 44 (2) of the Act is repealed and the following substituted:
No review after 72-month period
(2) Subject to subsection (2.1), the Board shall not review the payments more than 72 months after the date of the worker’s injury.
Exception
(2.1) The Board may review the payments more than 72 months after the date of the worker’s injury if,
(a) before the 72-month period expires, the worker fails to notify the Board of a material change in circumstances or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan;
(b) the worker was provided with a labour market re-entry plan and the plan is not completed when the 72-month period expires; or
(c) the worker suffers a significant deterioration in his or her condition that results in a redetermination of the degree of the permanent impairment under section 47.
Time for review when clause (2.1) (a) applies
(2.2) If clause (2.1) (a) applies, the Board may review the payments at any time.
Time for review when clause (2.1) (b) applies
(2.3) If clause (2.1) (b) applies, the Board may review the payments,
(a) within the 30 days after the date on which the plan is completed; and
(b) at any time, if the worker, at any time on or before the day that is 30 days after the date on which the plan is completed, fails to notify the Board of a material change in circumstances, or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan.
Time for review when clause (2.1) (c) applies
(2.4) If clause (2.1) (c) applies, the Board may review the payments,
(a) within the 24 months after the date on which it redetermines the degree of permanent impairment; and
(b) at any time, if the worker, at any time on or before the day on which the Board reviews the payments under clause (a), fails to notify the Board of a material change in circumstances, or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan.
Transition
(2.5) Clause (2.1) (b) and subsection (2.3) apply with respect to,
(a) a worker who has been provided with a labour market re-entry plan that is not completed before the day subsection 5 (5) of Schedule J to the Government Efficiency Act, 2002 comes into force;
(b) a worker who is provided with a labour market re-entry plan on or after the day subsection 5 (5) of Schedule J to the Government Efficiency Act, 2002 comes into force.
Same
(2.6) Clause (2.1) (c) and subsection (2.4) apply with respect to a worker whose degree of permanent impairment is redetermined by the Board on or after the day subsection 5 (5) of Schedule J to the Government Efficiency Act, 2002 comes into force.
(6) Clause 44 (3) (c) of the Act is amended by striking out “fully implemented” and substituting “completed”.
(7) Clause 44 (4) (b) of the Act is amended by striking out “fully implemented” and substituting “completed”.
(8) Subsection 45 (7) of the Act is repealed and the following substituted:
Prescribed benefits – survivors
(7) When the worker dies, his or her survivors are entitled to the prescribed benefits in respect of amounts set aside for the worker under subsection (2). However, a survivor who receives benefits under section 48 is not entitled to benefits under this subsection.
Prescribed benefits – beneficiary or estate
(7.1) If the worker has no survivors and has designated a beneficiary, the beneficiary is entitled to the prescribed benefits. If the worker has not designated a beneficiary, the worker’s estate is entitled to the prescribed benefits.
No entitlement to prescribed benefits
(7.2) If there is no entitlement to the prescribed benefits under subsection (7) or (7.1), the Board shall remove from the fund maintained under subsection (12) the amounts set aside for the worker and the accumulated investment income on the amounts, and shall transfer the total,
(a) to the worker’s employer, if it is a Schedule 2 employer that is individually liable to pay benefits with respect to the worker under the insurance plan; or
(b) in any other case, to the insurance fund.
Application
(7.3) Subsections (7) to (7.2) apply in respect of any worker who dies on or after January 1, 1998.
(9) Section 70 of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 26, Schedule I, section 1, is amended by striking out “municipal volunteer ambulance brigade” in the portion preceding paragraph 1 and substituting “volunteer ambulance brigade”.
(10) Section 70 of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 26, Schedule I, section 1, is amended by adding the following paragraph:
2.1 Any other person that manages the volunteer ambulance brigade for a municipal corporation.
(11) Subsection 78 (3) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 26, Schedule I, section 1, is repealed and the following substituted:
Same, certain volunteer or auxiliary workers
(3) If the statement is made by a deemed employer of a municipal volunteer fire brigade, of a volunteer ambulance brigade or of auxiliary members of a police force, it shall set out,
(a) the number of members of the brigade or auxiliary members of the police force; and
(b) the amount of earnings, fixed by the deemed employer, to be attributed to each member for the purposes of the insurance plan.
(12) Subsection 107 (2) of the Act is amended,
(a) by striking out “subsections 44 (1) and (2) of this Act apply” and substituting “subsections 44 (1) to (2.6) of this Act apply”;
(b) by striking out “a reference to “72-month period” in the fourth line of subsection 44 (2) of this Act” and substituting “any reference to “72-month period” in subsection 44 (2.1) of this Act”.
Commencement
6. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Subsection 5 (8) comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE K
AMENDMENTS PROPOSED BY
MANAGEMENT BOARD SECRETARIAT
Freedom of Information and
Protection of Privacy Act
1. (1) The French version of subsection 14 (1) of the Freedom of Information and Protection of Privacy Act is amended by striking out “si la divulgation devait avoir pour effet probable” in the portion before clause (a) and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
(2) The French version of clause 14 (2) (c) of the Act is repealed and the following substituted:
c) qui est relié à l’exécution de la loi s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet d’exposer à la responsabilité civile l’auteur du document ou la personne qui y est citée ou paraphrasée;
2. The French version of section 14.1 of the Act, as enacted by the Statutes of Ontario, 2001, chapter 28, section 22, is amended by striking out “si sa divulgation devait avoir pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que sa divulgation ait pour effet”.
3. The French version of section 14.2 of the Act, as enacted by the Statutes of Ontario, 2002, chapter 2, section 15 and renumbered by 2002, chapter 2, section 19, is amended by striking out “si sa divulgation devait avoir pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que sa divulgation ait pour effet”.
4. The French version of section 15 of the Act is amended by striking out “si la divulgation devait avoir pour effet probable” in the portion before clause (a) and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
5. The French version of section 16 of the Act is amended by striking out “si la divulgation devait avoir pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
6. The French version of subsection 17 (1) of the Act is amended by striking out “et dont la divulgation aurait pour effet probable” in the portion before clause (a) and substituting “, s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
7. (1) The French version of clause 18 (1) (b) of the Act is amended by striking out “et dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que leur divulgation ait pour effet”.
(2) The French version of clause 18 (1) (c) of the Act is amended by striking out “dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que leur divulgation ait pour effet”.
(3) The French version of clause 18 (1) (d) of the Act is amended by striking out “dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que leur divulgation ait pour effet”.
(4) The French version of clause 18 (1) (g) of the Act is repealed and the following substituted:
g) des renseignements, y compris les projets, les politiques ou les entreprises proposés d’une institution, s’il est raisonnable de s’attendre à ce que leur divulgation ait pour effet d’entraîner la divulgation prématurée d’une décision de politiques qui est en instance ou des pertes ou avantages financiers indus pour une personne;
8. The French version of section 20 of the Act is amended by striking out “le document dont la divulgation aurait pour effet probable” and substituting “un document s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
9. The French version of subsection 21.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 41, section 118, is amended by striking out “dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
10. (1) The French version of clause 49 (d) of the Act is amended by striking out “dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
(2) The French version of clause 49 (e) of the Act is amended by striking out “dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
11. Subsection 65 (5.1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 25, section 6, is amended by striking out “Ontario Court of Justice” in the portion before paragraph 1 and substituting “Superior Court of Justice”.
Lobbyists Registration
Act, 1998
12. Section 17 of the Lobbyists Registration Act, 1998 is repealed and the following substituted:
Fees
17. (1) The registrar may,
(a) require a fee to be paid on the filing of a return or a return of a class of returns under section 4, 5 or 6, or for any service performed or the use of any facility provided by the registrar; and
(b) set the fee referred to in clause (a) or establish the manner of determining it, and provide for a difference in or the waiver of the fee for filing a return based on the manner in which the return is submitted to the registrar.
Approval
(2) Any action that the registrar takes with respect to fees under subsection (1) is subject to the approval of the Chair of the Management Board of Cabinet or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act.
Publication and coming into effect of fees
(3) Once approved, the fees shall be published in The Ontario Gazette and are effective as of the date of their publication.
Recovery of fees
(4) Any fee required to be paid may be recovered in any court of competent jurisdiction as a debt owing to the Crown.
13. Clauses 19 (b) and (c) of the Act are repealed.
Municipal Freedom of Information and Protection of Privacy Act
14. (1) The French version of subsection 8 (1) of the Municipal Freedom of Information and Protection of Privacy Act is amended by striking out “si la divulgation devait avoir pour effet probable” in the portion before clause (a) and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet, selon le cas”.
(2) The French version of clause 8 (2) (c) of the Act is repealed and the following substituted:
c) qui est relié à l’exécution de la loi s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet d’exposer à la responsabilité civile l’auteur du document ou la personne qui y est citée ou paraphrasée;
15. The French version of section 8.1 of the Act, as enacted by the Statutes of Ontario, 2001, chapter 28, section 23, is amended by striking out “si sa divulgation devait avoir pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que sa divulgation ait pour effet”.
16. The French version of section 8.2 of the Act, as enacted by the Statutes of Ontario, 2002, chapter 2, section 16 and renumbered by 2002, chapter 2, section 19, is amended by striking out “si sa divulgation devait avoir pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que sa divulgation ait pour effet”.
17. The French version of subsection 9 (1) of the Act is amended by striking out “si la divulgation devait avoir pour effet probable” in the portion before clause (a) and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
18. The French version of subsection 10 (1) of the Act is amended by striking out “et dont la divulgation aurait pour effet probable” in the portion before clause (a) and substituting “, s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
19. (1) The French version of clause 11 (b) of the Act is amended by striking out “et dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que leur divulgation ait pour effet”.
(2) The French version of clause 11 (c) of the Act is amended by striking out “dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que leur divulgation ait pour effet”.
(3) The French version of clause 11 (d) of the Act is amended by striking out “dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que leur divulgation ait pour effet”.
(4) The French version of clause 11 (g) of the Act is repealed and the following substituted:
g) des renseignements, y compris les projets, les politiques ou les entreprises proposés d’une institution, s’il est raisonnable de s’attendre à ce que leur divulgation ait pour effet d’entraîner la divulgation prématurée d’une décision de politiques qui est en instance ou des pertes ou avantages financiers indus pour une personne;
20. The French version of section 13 of the Act is amended by striking out “le document dont la divulgation aurait pour effet probable” and substituting “un document s’il est raisonnable de s’attendre à ce que sa divulgation ait pour effet”.
21. The French version of clause 38 (d) of the Act is amended by striking out “dont la divulgation aurait pour effet probable” and substituting “s’il est raisonnable de s’attendre à ce que la divulgation ait pour effet”.
Public Service Act
22. Subsection 22 (4) of the Public Service Act is amended by striking out “A deputy minister may release from employment in accordance with the regulations any public servant” and substituting “Upon giving written notice to a public servant, a deputy minister may, in accordance with the regulations, release the public servant from employment”.
Commencement
Commencement
23. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Sections 12 and 13 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE L
AMENDMENTS PROPOSED BY THE
MINISTRY OF NATURAL RESOURCES
Algonquin Forestry
Authority Act
1. (1) The definition of “Crown timber” in section 1 of the Algonquin Forestry Authority Act, as re-enacted by the Statutes of Ontario, 1994, chapter 25, section 78, is repealed and the following substituted:
“Crown timber” means timber in a Crown forest as defined in the Crown Forest Sustainability Act, 1994; (“bois de la Couronne”)
(2) Section 5 of the Act is amended by striking out “Lieutenant Governor in Council” at the end and substituting “Minister”.
(3) Subsection 6 (1) of the Act is amended by striking out “The Authority may, subject to the approval of the Lieutenant Governor in Council, establish” at the beginning and substituting “The Authority may, subject to the approval of the Minister, establish”.
(4) Section 7 of the Act is amended by striking out “Subject to the approval of the Lieutenant Governor in Council” at the beginning.
(5) Subsections 11 (1) and (2) of the Act and subsection 11 (2.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 25, section 78, are repealed and the following substituted:
Park management plan
(1) The Minister shall ensure that a park management plan is prepared that balances the public interest in maintaining and improving the quality of Algonquin Provincial Park for the purpose of recreation and the public interest in providing a flow of logs from Algonquin Provincial Park.
Crown Forest Sustainability Act, 1994
(2) The requirements that apply to forest management plans under the Crown Forest Sustainability Act, 1994 and sections 11 and 12 of that Act apply to the park management plan.
Copy
(2.1) The Minister shall provide the Authority with a copy of the park management plan and every amendment to it.
(6) Subsection 11 (3) of the Act is amended by striking out “master plan” and substituting “park management plan”.
Beds of Navigable Waters Act
2. Section 4 of the Beds of Navigable Waters Act is repealed.
Fish and Wildlife Conservation
Act, 1997
3. Clause 40 (2) (b) of the Fish and Wildlife Conservation Act, 1997 is repealed and the following substituted:
(b) a person who keeps in captivity for the purpose of personal education a single game reptile, game amphibian, specially protected mammal, specially protected reptile, specially protected amphibian or specially protected invertebrate, if it is not designated by the Committee on the Status of Endangered Wildlife in Canada or the Committee on the Status of Species at Risk in Ontario as endangered, threatened, special concern or vulnerable; or
. . . . .
Forest Fires Prevention Act
4. (1) Section 5 of the Forest Fires Prevention Act is amended by adding the following subsection:
Seizure
(3) An officer who lawfully enters into and upon any lands and premises under this section may seize anything that he or she believes on reasonable grounds will afford evidence in respect of an offence under this Act.
(2) Section 17 of the Act is amended by adding “or wood products” after “a mill for the purpose of manufacturing timber”.
(3) Subsection 18 (3) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 3, is repealed and the following substituted:
Cost
(3) The cost and expenses of any action taken by an officer and his or her assistants under subsection (2) are payable by the person against whom the order was made to the Minister of Finance, on the date specified in the request for payment, and are recoverable as a debt due to the Crown in right of Ontario by any remedy or procedure available to the Crown by law.
(4) Section 19 of the Act is repealed and the following substituted:
Agreements
19. The Minister may enter into agreements with respect to the prevention, control or extinguishment of grass, brush or forest fires.
(5) Subsection 21 (1) of the Act is amended by striking out “and the cost and expenses incurred by the Ministry in controlling and extinguishing the fire are a debt due to the Crown in right of Ontario and shall be paid by the municipality to the Treasurer of Ontario” at the end and substituting “and the cost and expenses incurred by the Ministry in controlling and extinguishing the fire are payable by the municipality to the Minister of Finance, on the date specified in the request for payment, and are recoverable as a debt due to the Crown in right of Ontario by any remedy or procedure available to the Crown by law”.
(6) Subsection 21.1 (1) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 3, is repealed and the following substituted:
Cost of action re fire
(1) If a fire is caused by or results from the conduct of a person or is caused by or results from a person disobeying, or refusing or neglecting to carry out, any of the provisions of this Act or the regulations, any order made under this Act or the regulations or any condition of any permit issued under this Act or the regulations, the cost and expenses of any action taken under this Act with respect to that fire are payable by the person and,
(a) if the cost and expenses were incurred by the Ministry, they are payable to the Minister of Finance on the date specified in the request for payment and are recoverable as a debt due to the Crown in right of Ontario by any remedy or procedure available to the Crown by law; and
(b) if the cost and expenses were incurred by a person other than the Ministry, they are payable to that other person on the date specified in the request for payment and are recoverable as a debt due to the other person by any remedy or procedure available to the other person by law.
(7) Section 30 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 3, is amended by striking out “a firearm, a flare or fireworks” and substituting “a firearm, a flare, fireworks or explosives”.
Lakes and Rivers
Improvement Act
5. Subsection 17 (1) of the Lakes and Rivers Improvement Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 32, is repealed and the following substituted:
Orders
(1) If a dam has been constructed on a lake or river and the location or the plans and specifications of the dam have not been approved by the Minister, the Minister may order the owner to do one or more of the following within the time specified in the order, if the Minister considers it necessary for any of the purposes of this Act:
1. Provide plans and specifications of the dam.
2. Remove the dam or any part of it.
3. Open up the dam.
4. Repair the dam.
5. Improve the dam.
6. Otherwise alter the dam.
Oil, Gas and Salt
Resources Act
6. (1) Section 7.0.2 of the Oil, Gas and Salt Resources Act, as enacted by the Statutes of Ontario, 1996, chapter 30, section 62, is repealed and the following substituted:
Appeal from inspector
7.0.2 (1) Any person who considers himself, herself or itself aggrieved by an order of an inspector made under section 7 or 7.0.1 may appeal to the Minister within 30 days after the order is made, by giving the Minister a written notice setting out the grounds for the appeal.
Minister’s designee
(2) The Minister may designate, as the Minister’s designee for the purpose of disposing of an appeal under this section,
(a) one individual;
(b) two individuals;
(c) any odd number of individuals greater than one; or
(d) an agency, a board or a commission.
Where two or more individuals
(3) If the Minister designates two individuals, they shall act unanimously, and if the Minister designates any odd number of individuals greater than one, they shall act by majority vote.
Dismissal of appeal without hearing
(4) Subject to subsection (7), the Minister’s designee may dismiss an appeal under this section without a hearing if,
(a) the appeal is frivolous or vexatious or is commenced in bad faith; or
(b) any of the statutory requirements for bringing the appeal has not been met.
Notice
(5) Before dismissing the appeal, the Minister’s designee shall give the appellant a written notice setting out,
(a) the designee’s intention to dismiss the appeal;
(b) the reasons for the dismissal; and
(c) the appellant’s right to make written submissions to the Minister’s designee with respect to the dismissal within the time specified in the notice.
Right to make submissions
(6) An appellant who receives a notice under subsection (5) may make written submissions to the Minister’s designee with respect to the dismissal within the time specified in the notice.
Dismissal
(7) The Minister’s designee shall not dismiss the appeal until the designee has given notice under subsection (5) and considered the submissions, if any, made under subsection (6).
Powers after hearing
(8) If the Minister’s designee hears an appeal under this section, the designee may substitute the designee’s findings or opinions for those of the inspector who made the order appealed from, and may,
(a) make an order rescinding the inspector’s order;
(b) make an order affirming the inspector’s order; or
(c) make a new order in substitution for the inspector’s order.
Designee’s order
(9) The designee’s order under subsection (8) stands in place of and has the same effect as the inspector’s order.
Operation of inspector’s order pending appeal
(10) Subject to subsection (11), the bringing of an appeal under this section does not affect the operation of the order appealed from pending disposition of the appeal.
Stay, order under cl. 7.0.1 (b)
(11) The bringing of an appeal under this section stays an order made under clause 7.0.1 (b) pending disposition of the appeal.
Non-application
(12) The Statutory Powers Procedure Act does not apply to appeals under this section.
Guidelines and fees
(13) The Minister may establish guidelines and charge fees with respect to appeals under this section.
(2) Section 8 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 30, section 63, is repealed and the following substituted:
Joining of interests, pooling order
8. (1) The Commissioner may order that,
(a) the oil or gas interests within a spacing unit be joined for the purpose of drilling or operating an oil or gas well;
(b) management of the drilling or operation be carried out by the person, persons or class of persons named or described in the order; and
(c) the costs and benefits of the drilling or operation within the spacing unit be apportioned in the manner specified in the order.
Joining of interests, unitization order
(2) The Commissioner may order that,
(a) the oil or gas interests within a unit area containing a pool, part of a pool, an oil or gas field or part of an oil or gas field be joined for the purpose of drilling or operating oil or gas wells;
(b) management of the drilling or operation be carried out by the person, persons or class of persons named or described in the order; and
(c) the costs and benefits of the drilling or operation within the unit area be apportioned in the manner specified in the order.
Unitization order prevails
(3) An order made by the Commissioner under subsection (2) for the joining of the oil or gas interests within a unit area prevails over any requirement or condition in a regulation or licence that oil or gas interests within a spacing unit that is included in the unit area be joined.
No authority re spacing units
(4) The Commissioner has no authority, in an order under subsection (1) or (2), to amend or revoke a spacing unit that has been established by an order of the Minister, by a regulation, or by a condition of a licence.
(3) Clause 17 (1) (e.2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 131, is repealed and the following substituted:
(e.2) requiring and governing the joining of interests in oil or gas within a spacing unit or within a unit area containing a pool or an oil or gas field;
(4) Subsection 17 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 131 and 1996, chapter 30, section 68, is amended by adding the following clause:
(e.4) governing,
(i) agreements respecting the joining of interests in oil or gas within a spacing unit or within a unit area containing a pool or an oil or gas field, and
(ii) provisions in other agreements, if those provisions relate to the joining of interests in oil or gas within a spacing unit or within a unit area containing a pool or an oil or gas field;
Public Lands Act
7. (1) Subsection 14 (7) of the Public Lands Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 4, is repealed and the following substituted:
Order to rehabilitate lands
(7) The court that convicts a person of an offence under this section may, in addition to imposing a fine, order the person,
(a) to cease the activity being carried on upon public lands or shore lands in contravention of the regulations made under clause (1) (a);
(b) to take action, within such time as the court may fix, to rehabilitate the lands,
(i) in accordance with a plan approved by the Minister, or
(ii) if the Minister has not approved a plan, in such manner as the court considers appropriate; and
(c) to obtain a work permit in order to effect the rehabilitation of the lands in accordance with the order of the court.
(2) Subsections 66 (1) and (2) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 57, are repealed and the following substituted:
Release of road reservations
(1) Upon the application of the owner of land for which letters patent have been issued under this or any other Act, the Minister may make an order releasing the land or a part of the land from any reservation relating to roads under section 65 or in the letters patent, if the Minister is of the opinion that the present and future needs of the locality as to roads are adequately provided for and if the applicant pays the fee specified by the Minister.
Release of reservation of access to shore
(2) Upon the application of the owner of land for which letters patent have been issued under this or any other Act, the Minister may make an order releasing the land or a part of the land from any reservation in the letters patent reserving a right of way or a right of access to the shores of rivers, streams or lakes for vessels, boats and persons, if the Minister is of the opinion that the reservation does not serve a useful purpose and is not required in the public interest and if the applicant pays the fee specified by the Minister.
Commencement
Commencement
8. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Section 2 shall be deemed to have come into force on December 18, 1998.
SCHEDULE M
AMENDMENTS PROPOSED BY THE
MINISTRY OF NORTHERN DEVELOPMENT
AND MINES
Mining Act
1. Subsection 19 (3) of the Mining Act is repealed.
2. Section 41 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule O, section 16 and 2000, chapter 26, Schedule M, section 4, is amended by adding the following subsections:
Reduction or waiver of interest owing
(2.2) The Minister may reduce or waive the amount of any interest added to rental payments under subsection (2.1).
. . . . .
Licence challengeable only by Minister
(4.1) With the exception of the Minister, no person may, for any reason, challenge the validity of a licence of occupation.
When Minister may challenge
(4.2) The Minister may challenge the validity of a licence of occupation at any time.
3. Subsection 78 (3) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 21 and amended by 1999, chapter 12, Schedule O, section 34 and 2000, chapter 26, Schedule M, section 11, is repealed and the following substituted:
Where work not to be recorded
(3) The Minister shall not record ground assessment work referred to in subsection (1) unless,
(a) the holder files with the Minister a certificate in the prescribed form and all further evidence that the Minister may require as evidence that the holder gave the required notice;
(b) the Minister determines that it is not feasible in the circumstances to give notice to the owner of the surface rights; or
(c) the owner of the surface rights gives written consent to the performance of the work after it has been performed.
4. Section 81 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134, 1997, chapter 40, section 7, 1999, chapter 12, Schedule O, section 35 and 2000, chapter 26, Schedule M, section 12, is amended by adding the following subsection:
Reduction or waiver of interest owing
(9.2) The Minister may reduce or waive the amount of any interest added to rental payments under subsection (9.1).
5. Section 82 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 22, 1999, chapter 12, Schedule O, section 36 and 2000, chapter 26, Schedule M, section 13, is amended by adding the following subsection:
Reduction or waiver of interest owing
(4.3) The Minister may reduce or waive the amount of any interest added to rental payments under subsection (4.2).
6. Section 84 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1999, chapter 12, Schedule O, section 38, is amended by adding the following subsection:
Reduction or waiver of interest owing
(4.2) The Minister may reduce or waive the amount of any interest added to rental payments under subsection (4.1).
7. Section 143 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 26, is amended by adding the following subsections:
Same, mine hazard under subs. 147 (1)
(3.1) If a change ordered under subsection (3) is to a closure plan filed with respect to a mine hazard under subsection 147 (1) or to amendments to such a closure plan and the order requires that a new schedule for completing the rehabilitation of the mine hazard be filed, the person affected by the order shall file the new schedule immediately.
Exception
(3.2) An order for a change to a closure plan filed with respect to a mine hazard under subsection 147 (1) or to amendments to such a closure plan that requires that a new schedule for completing the rehabilitation of the mine hazard be filed may not,
(a) despite subsection (4), be referred to an independent third party under that subsection; or
(b) despite clause 152 (1) (b), be appealed under that clause.
Same
(3.3) If an order under subsection (3.2) requiring the filing of a new schedule for completing the rehabilitation of the mine hazard orders other changes as well, those other changes may be referred to an independent third party under subsection (4) or be appealed under clause 152 (1) (b).
8. Subsection 179 (3) of the Act is amended by striking out “in red ink” at the end.
9. Subsection 196 (1) of the Act is amended by striking out “at the rate of 6 per cent per year compounded yearly” and substituting “at the prescribed rate, compounded annually”.
Northern Services
Boards Act
10. Subsection 37 (3) of the Northern Services Boards Act, as enacted by the Statutes of Ontario, 1998, chapter 16, section 10, is repealed and the following substituted:
Limit on time for proposals
(3) No proposal may be made after the date determined by the Lieutenant Governor in Council.
Commencement
Commencement
11. (1) Subject to subsection (2), this Schedule comes into force 20 days after the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Section 10 shall be deemed to have come into force on March 31, 2002.
SCHEDULE N
AMENDMENTS PROPOSED
BY THE MINISTRY OF PUBLIC SAFETY
AND SECURITY
Fire Protection and Prevention
Act, 1997
1. Subsection 7 (2) of the Fire Protection and Prevention Act, 1997 is amended by striking out the portion before clause (a) and substituting the following:
Duties
(2) A fire co-ordinator shall, subject to the instructions of the Fire Marshal,
. . . . .
2. (1) Subsection 11 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Assistants to the Fire Marshal
(1) The following persons are assistants to the Fire Marshal and shall follow the Fire Marshal’s directives in carrying out this Act,
. . . . .
(2) Subsection 11 (4) of the Act is amended by striking out “Workers’ Compensation Act” and substituting “Workplace Safety and Insurance Act, 1997”.
3. Subsection 15 (1) of the Act is amended by adding the following clause:
(c.1) dispose of any material or thing that was removed under clause (c), in accordance with any directives issued by the Fire Marshal;
4. (1) The French version of subsection 25 (2) of the Act is amended by striking out “Il peut donner les directives qu’il estime appropriées par suite de la prorogation” at the end and substituting “Il peut donner les instructions qu’il estime appropriées par suite de la prorogation”.
(2) Subsection 25 (6) of the Act is repealed and the following substituted:
Order stayed by application for review
(6) An application made under subsection (1) for a review operates as a stay of the order pending the outcome of the review.
Lifting of stay
(7) The Fire Marshal may, upon request therefor by an inspector, which may be made without notice, order that the stay of the order be lifted if, in his or her opinion, the action is necessary in the interest of public safety.
5. (1) The French version of subsection 26 (3) of the Act is amended by striking out “Elle peut donner les directives qu’elle estime appropriées par suite de la prorogation” at the end and substituting “Elle peut donner les instructions qu’elle estime appropriées par suite de la prorogation”.
(2) Subsection 26 (7) of the Act is repealed and the following substituted:
Order stayed by appeal
(7) An appeal under subsection (1) operates as a stay of the order pending the outcome of the appeal.
Lifting of stay
(8) The Fire Safety Commission may, upon application therefor by an inspector or the Fire Marshal, which may be made without notice, order that the stay of the order be lifted if, in its opinion, the action is necessary in the interest of public safety.
6. Clause 28 (1) (d) of the Act is repealed and the following substituted:
(d) refuses or neglects to obey or carry out the directives of the Fire Marshal, an assistant to the Fire Marshal or a fire chief given under the authority of this Act.
7. (1) Subsection 31 (1) of the Act is amended by striking out “Ontario Court (Provincial Division)” in the portion before clause (a) and substituting “Ontario Court of Justice”.
(2) Clause 31 (3) (b) of the Act is repealed and the following substituted:
(b) remove or remove and dispose of any substance, material or thing from the building, structure or premises.
8. Subsection 32 (1) of the Act is amended by striking out “Ontario Court (General Division)” in the portion before clause (a) and substituting “Superior Court of Justice”.
9. Section 33 of the Act is amended by adding the following subsection:
Same
(6) If the order amended or made under clause (5) (b) provides for the removal of any combustible or explosive material or any thing that may constitute a fire hazard, the Fire Safety Commission may also authorize the inspector to dispose of the material or thing.
10. The French version of clause 35 (2) (c) of the Act is amended by striking out “une directive” at the beginning and substituting “une instruction”.
11. Subsection 37 (1) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
12. Subsection 50.5 (8) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 3, is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
13. (1) The French version of subsection 50.7 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 3, is amended by striking out “des directives” at the end and substituting “des instructions”.
(2) The French version of subsection 50.7 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 3, is amended by striking out “Une désignation faite, un arrêté pris ou une directive donnée” at the beginning and substituting “Une désignation faite, un arrêté pris ou une instruction donnée”.
14. Subsection 55 (1) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
Highway 407 Act, 1998
15. (1) Subsection 53 (1) of the Highway 407 Act, 1998 is amended by striking out “Emergency Plans Act” and substituting “Emergency Management Act”.
(2) Subsections 53 (2) and (3) of the Act are repealed and the following substituted:
Same
(2) The Minister of Transportation may require the owner to prepare and file with the Minister any emergency management program and emergency plans that the Minister considers necessary.
Implementation
(3) The Minister of Transportation may direct the owner to implement an emergency management program or emergency plan under subsection (1) or (2) with any changes that the Minister considers necessary and the owner shall comply with such direction.
Highway 407 East Completion
Act, 2001
16. (1) Subsection 51 (1) of the Highway 407 East Completion Act, 2001 is amended by striking out “Emergency Plans Act” and substituting “Emergency Management Act”.
(2) Subsections 51 (2) and (3) of the Act are repealed and the following substituted:
Same
(2) The Minister may require the owner to prepare and file with the Minister any emergency management program and emergency plans that the Minister considers necessary.
Implementation
(3) The Minister may direct the owner to implement an emergency management program and emergency plan under subsection (1) or (2) with any changes that the Minister considers necessary and the owner shall comply with such direction.
Interpretation Act
17. Section 24 of the Interpretation Act is repealed.
Ministry of Correctional
Services Act
18. (1) The definition of “correctional service” in section 1 of the Ministry of Correctional Services Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 1, is repealed and the following substituted:
“correctional service” means a service provided for the purpose of carrying out the function or objects of the Ministry, including the operation and maintenance of correctional institutions and youth facilities; (“service correctionnel”)
(2) The definition of “inmate” in section 1 of the Act is repealed and the following substituted:
“inmate” means a person confined in a correctional institution or otherwise detained in lawful custody under a court order, but does not include a young person within the meaning of the Young Offenders Act (Canada) unless such a young person has been or is being proceeded against in ordinary court pursuant to an order under the Young Offenders Act (Canada); (“détenu”)
(3) The definitions of “maximum security place of custody” and “medium security place of custody” in section 1 of the Act are repealed.
(4) The definitions of “place of open custody”, “place of open temporary detention”, “place of secure custody”, “place of secure temporary detention” and “place of temporary detention” in section 1 of the Act are repealed and the following substituted:
“place of open custody” means a place or facility designated as a place of open custody under the Young Offenders Act (Canada) and operated or maintained by the Ministry or by a contractor; (“lieu de garde en milieu ouvert”)
“place of secure custody” means a place or facility designated as a place of secure custody under the Young Offenders Act (Canada) and operated or maintained by the Ministry or by a contractor; (“lieu de garde en milieu fermé”)
“place of temporary detention” means a place or facility designated as a place of temporary detention under the Young Offenders Act (Canada) and operated or maintained by the Ministry or by a contractor; (“lieu de détention provisoire”)
(5) The definition of “probation” in section 1 of the Act is repealed and the following substituted:
“probation” means the disposition of a court authorizing a person to be at large subject to the conditions of a probation order or community service order and “probationer” means a person who is subject to a probation order or community service order; (“probation”, “probationnaire”)
(6) Section 1 of the Act, as amended by the Statutes of Ontario, 2000, chapter 40, section 1, is amended by adding the following definition:
“youth facility” means a place of open custody, a place of secure custody or a place of temporary detention. (“établissement pour adolescents”)
19. (1) Section 5 of the Act is amended by striking out “It is the function of the Ministry to supervise the detention and release of inmates, parolees, probationers and young persons and to create for them a social environment” at the beginning and substituting “It is the function of the Ministry to supervise the detention and release of inmates, parolees, probationers and young persons and to create for them an environment”.
(2) Clause 5 (c) of the Act is repealed and the following substituted:
(c) provide for the custody of young persons awaiting trial or found guilty or convicted of offences;
20. Part II of the Act is amended by adding the following section:
Maximum and medium security custody programs
14.2 The Minister may establish in correctional institutions,
(a) maximum security custody programs, in which restrictions are continuously imposed on the liberty of inmates by physical barriers, close staff supervision or limited access to the community; and
(b) medium security custody programs, in which restrictions that are less stringent than in a maximum security custody program are imposed on the liberty of inmates.
21. Part II of the Act is amended by adding the following section:
Custody before sentencing
15.1 A person, other than a young person, who is lawfully detained in a correctional institution but not sentenced to imprisonment may be detained in any correctional institution, as directed by the Ministry, or in the custody of a provincial bailiff or other person employed in a correctional institution.
22. Subsection 16 (2) of the Act is repealed and the following substituted:
Same
(2) A person who has been sentenced to imprisonment in a correctional institution may be detained in any correctional institution, as directed by the Ministry, or in the custody of a provincial bailiff or other person employed in a correctional institution.
23. Section 17 of the Act is repealed and the following substituted:
Warrant ineffective to specify correctional institution
17. A person who is sentenced, committed or transferred to a correctional institution may be received into any correctional institution, as directed by the Ministry, and any designation of a particular correctional institution in a warrant of committal is of no force or effect.
24. Section 18 of the Act, as amended by the Statutes of Ontario, 1997, chapter 39, section 7, is repealed.
25. (1) Subsection 20 (1) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 40, section 5, is amended by striking out “directors or”.
(2) Subsection 20 (1.1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 5, is amended by striking out “director or”.
(3) Subsection 20 (2) of the Act is repealed and the following substituted:
Duties
(2) The superintendent shall receive into the institution every person delivered under lawful authority for detention in the institution and is responsible for the custody and supervision of such person until his or her term of imprisonment is completed or until the person is transferred or otherwise discharged in due course of law.
(4) Subsection 20 (3) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 40, section 5, is repealed and the following substituted:
Deputy superintendent
(3) The Minister may designate one or more deputy superintendents of a correctional institution to be responsible for the administration of the institution when the superintendent, by reason of absence, illness or other cause, is unable to carry out his or her duties.
26. Section 21 of the Act is repealed and the following substituted:
Use of correctional institution
lock-up
21. (1) The Minister may designate a correctional institution for use by a municipality as a lock-up and, where the Minister makes such a designation, the Minister shall fix a rate per day for persons in custody in the lock-up.
Payment by municipality
(2) The municipality shall pay to the Minister of Finance annually the rate per day that is fixed under subsection (1) for persons in custody in the lock-up during the year.
27. Part II of the Act is amended by adding the following section:
Searches
23.1 (1) The superintendent of a correctional institution may authorize a search, to be carried out in the prescribed manner, of,
(a) the correctional institution or any part of the correctional institution;
(b) the person of any inmate or other person on the premises of the correctional institution;
(c) the property of any inmate or other person on the premises of the correctional institution;
(d) any vehicle entering or on the premises of the correctional institution.
Contraband
(2) Any contraband found during a search may be seized and disposed of in the prescribed manner.
Same
(3) For the purpose of subsection (2),
“contraband” means,
(a) anything that an inmate is not authorized to have,
(b) anything that an inmate is authorized to have but in a place where he or she is not authorized to have it,
(c) anything that an inmate is authorized to have but in a quantity that he or she is not authorized to have it, and
(d) anything that an inmate is authorized to have but which is being used for a purpose for which he or she is not authorized to use it.
28. Section 24 of the Act is repealed and the following substituted:
Medical treatment
24. (1) Where an inmate requires medical treatment that cannot be supplied at the correctional institution, the superintendent shall arrange for the inmate to be conveyed to a hospital or other health facility.
Psychiatric treatment
(2) Where an inmate requires hospitalization in a psychiatric facility under the Mental Health Act, the superintendent shall arrange for the inmate to be conveyed to a psychiatric facility.
Mental examination
(3) The superintendent may direct that an examination be made of an inmate by a psychiatrist or psychologist for the purpose of assessing the emotional and mental condition of the inmate.
29. Subsection 27 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 40, section 7, is amended by striking out “employed in the administration of this Act”.
30. Part II of the Act is amended by adding the following section:
Custody
27.1 An inmate shall be deemed to be in the custody of a correctional institution for the purposes of this Act even if he or she is not on the premises of the correctional institution, so long as he or she is in the custody of a correctional officer.
31. (1) Subsection 28 (1) of the Act is amended by striking out “except that a sentence shall not be reduced, by reason of remission, to less than two days” at the end.
(2) Subsection 28 (2) of the Act is amended by striking out “a person employed in the Ministry designated by the Lieutenant Governor in Council” and substituting “a person designated by the Minister”.
(3) Subsection 28 (3) of the Act is repealed and the following substituted:
Surrender of remission
(3) Where an inmate offers to surrender the whole or any part of his or her remission and where, in the opinion of the superintendent, it is necessary or desirable that the inmate remain confined in the correctional institution for medical or humanitarian reasons or to assist the inmate in his or her rehabilitation for a period of time after the day on which the inmate is eligible to be released by reason of remission, the superintendent may authorize the surrender of remission by the inmate.
(4) Subsection 28 (5) of the Act is amended by striking out “director or”.
32. Section 29 of the Act is repealed.
33. (1) Subsection 30 (1) of the Act is amended by striking out “No person employed in the Ministry” at the beginning and substituting “No person employed in the Ministry or by a contractor”.
(2) Subsection 30 (2) of the Act is amended by striking out “No person employed in the Ministry” at the beginning and substituting “No person employed in the Ministry or by a contractor”.
34. Part III of the Act is amended by adding the following section:
Exclusive jurisdiction of Board
34.1 (1) The Board has exclusive jurisdiction to examine, hear and determine all matters and questions relating to the release of inmates on parole and any matter or thing in respect of which any power, authority or discretion is conferred upon the Board by or under this Act or which is conferred upon a provincial parole board by the Corrections and Conditional Release Act (Canada).
Remission
(2) The Board has exclusive jurisdiction in the prescribed circumstances to determine whether an inmate has earned remission under subsection 6 (1) of the Prisons and Reformatories Act (Canada) or section 28 of this Act.
Decisions final
(3) Any action or decision of the Board on a matter, question or thing for which it has exclusive jurisdiction is final and conclusive and is not open to question or review in any court and no proceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceeding in any court or be removable by application for judicial review or otherwise into any court.
35. Section 35 of the Act is amended by adding the following subsection:
Application for parole
(2) Upon an application by an inmate for parole, the Board shall,
(a) grant parole upon the conditions that it considers appropriate; or
(b) deny parole.
36. Section 35.1 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 11, is repealed.
37. Section 36 of the Act is repealed and the following substituted:
Revocation of parole before release
36. (1) Where parole has been granted but the inmate has not yet been released from custody on parole, the Board may revoke its grant of parole if,
(a) it obtains new information that is relevant to its decision to grant parole; or
(b) the inmate requests that the grant be revoked.
New hearing
(2) Where the Board has revoked a grant of parole under clause (1) (a), the Board shall hold a new hearing to determine whether to grant parole or not, unless the inmate waives his or her right to the hearing.
Powers
(3) After the hearing under subsection (2), the Board may,
(a) grant parole upon the conditions that it considers appropriate; or
(b) deny parole.
38. Section 37 of the Act is repealed and the following substituted:
Remission
37. Where parole is granted under section 35 or 36, the term of parole shall include any portion of remission standing to the credit of the parolee when he or she is released and shall end upon the expiration of his or her sentence as set out in his or her warrant of committal.
39. Section 38 of the Act, as amended by the Statutes of Ontario, 1997, chapter 39, section 9, is repealed and the following substituted:
Duty to submit information to Board
38. When required by the Board, it is the duty of every person having information relevant to the suitability of an inmate to be paroled or released on a temporary absence to submit such information to the Board or to a person employed in the administration of this Act and authorized by the Ministry for the purpose.
40. Section 39 of the Act is repealed and the following substituted:
Suspension of parole after release
39. (1) A member of the Board or a person designated for the purpose by the chair of the Board may, by warrant, in circumstances described in subsection (2),
(a) suspend a parolee’s parole;
(b) authorize the apprehension of the parolee; and
(c) authorize the recommittal of the parolee to custody until the suspension is cancelled, the parole is revoked or the sentence expires according to law.
Circumstances
(2) Subsection (1) applies if,
(a) the parolee breaches a condition of his or her parole; or
(b) the member of the Board or designated person referred to in subsection (1) is satisfied that it is necessary and reasonable to suspend the parole in order to,
(i) prevent a breach of a condition of parole, or
(ii) protect any person from danger or any property from damage.
Review hearing
(3) The Board shall hold a hearing to review the granting and suspension of the inmate’s parole as soon as possible after a parolee has been recommitted to custody under subsection (1).
Revocation or reinstatement of parole
(4) The Board shall consider the reasons for suspending the parole and the submissions, if any, of the inmate and shall, after a hearing under subsection (3),
(a) lift the suspension of the parole and allow the inmate to be released and continue his or her parole upon the conditions that it considers appropriate; or
(b) revoke the parole.
Calculation of term if parole revoked
(5) Where parole is revoked by the Board after a hearing under subsection (3), the parolee shall, even if his or her parole had been granted before the coming into force of section 40 of Schedule N to the Government Efficiency Act, 2002, serve the remaining portion of his or her term of imprisonment, including any remission that was to his or her credit at the time parole was granted, less,
(a) the period of time spent on parole;
(b) the period of time during which parole was suspended and the parolee was in custody; and
(c) any remission credited to the parolee applicable to the period during which the parolee is in custody after his or her parole was suspended.
Same
(6) Despite subsection (5), the Board may recredit an inmate whose parole is revoked through no fault of the inmate with all or part of the remission which the inmate would have been eligible to earn, if parole had not been granted, up to the time the parole was suspended and the parolee was in custody.
41. Section 43 of the Act is amended by adding the following subsection:
Same
(3) Every probation officer appointed in accordance with subsection (1) is a probation officer for the purposes of,
(a) this Act, the Provincial Offences Act, the Child and Family Services Act and any other Act of the Legislature; and
(b) the Criminal Code (Canada) and the Young Offenders Act (Canada).
42. Section 48 of the Act, as amended by the Statutes of Ontario, 2000, chapter 40, section 12, is repealed and the following substituted:
Provincial bailiffs
48. (1) The Minister may appoint provincial bailiffs who may convey a young person in custody at a youth facility to another youth facility or to a correctional institution or penitentiary in which the young person is lawfully directed to be confined.
Powers
(2) A provincial bailiff has the powers of a constable when conveying a young person under this section.
43. Part V of the Act is amended by adding the following section:
Superintendents
48.1 (1) The Minister shall, for each place of secure custody and for each place of temporary detention, designate one or more superintendents of the place.
Directors
(2) The Minister shall, for each place of open custody, designate one or more directors of the place.
Responsibility for administration
(3) The superintendent or director shall be responsible for the administration of the place of secure custody, temporary detention or open custody.
Duties
(4) The superintendent or director shall receive into the youth facility every young person delivered under lawful authority for detention in the facility and is responsible for the custody and supervision of such young person until his or her term of imprisonment is completed or until the young person is transferred or otherwise discharged in due course of law.
Deputy director, deputy superintendent
(5) The Minister may designate one or more deputy superintendents or deputy directors of a youth facility to be responsible for the administration of the facility when the superintendent or director, by reason of absence, illness or other cause, is unable to carry out his or her duties.
Limitations
(6) A designation under subsection (1), (2) or (5) may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the designation.
Persons designated
(7) A person designated under subsection (1), (2) or (5) may be an employee of the Ministry or any other person.
44. Section 49 of the Act is repealed and the following substituted:
Searches
49. (1) The superintendent of a place of secure custody or temporary detention may authorize a search, to be carried out in the prescribed manner, of,
(a) the place of secure custody or temporary detention or any part of the place;
(b) the person of any young person confined to the place or other person on the premises of the place;
(c) the property of any young person confined to the place or other person on the premises of the place;
(d) any vehicle entering or on the premises of the place.
Same
(2) The director of a place of open custody may authorize a search, to be carried out in the prescribed manner, of,
(a) the place of open custody or any part of the place;
(b) the person of any young person confined to the place or any employee of the place on the premises of the place;
(c) the property of any young person confined to the place or any employee of the place on the premises of the place.
Contraband
(3) Any contraband found during a search may be seized and disposed of in the prescribed manner.
Same
(4) For the purpose of subsection (3),
“contraband” means,
(a) anything that a young person is not authorized to have,
(b) anything that a young person is authorized to have but in a place where he or she is not authorized to have it,
(c) anything that a young person is authorized to have but in a quantity that he or she is not authorized to have it, and
(d) anything that a young person is authorized to have but which is being used for a purpose for which he or she is not authorized to use it.
45. Section 50 of the Act is repealed and the following substituted:
Rehabilitation programs
50. The Minister may establish rehabilitation programs under which young persons may be granted the privilege of continuing to work at their regular employment, obtaining new employment, attending academic institutions, or participating in any other program that the Minister may consider advisable in order that such young persons may have a better opportunity for rehabilitation.
46. Part V of the Act is amended by adding the following section:
Work outside facility
50.1 (1) The Minister may authorize a young person or group of young persons to participate in a work project or rehabilitation program outside the youth facility in which the young person or young persons are confined and the Minister may authorize the absence of the young person or group of young persons from the youth facility for that purpose on such terms and conditions as the Minister may specify.
Same
(2) Every young person who is absent from a youth facility under subsection (1) shall comply with such terms and conditions as are specified by the Minister.
Offence
(3) Every young person who contravenes subsection (2) without lawful excuse, the proof of which lies upon the young person, is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year.
47. Part V of the Act is amended by adding the following section:
Custody
50.2 (1) A young person shall be deemed to be in the custody of a youth facility for the purposes of this Act even if he or she is not on the premises of the facility, so long as he or she is in the custody of a youth worker.
Before order of disposition
(2) A young person who is lawfully detained in a youth facility but not subject to an order of disposition may be detained in any youth facility, as directed by the Ministry, or in the custody of a provincial bailiff or of a person employed in a youth facility.
After order of disposition
(3) A young person who is lawfully detained in a youth facility pursuant to an order of disposition may be detained in any youth facility, as directed by the Ministry, or in the custody of a provincial bailiff or of a person employed in a youth facility.
Warrant or order ineffective to specify youth facility
(4) A young person who is ordered, committed or transferred to a youth facility may be received into any youth facility, as directed by the Ministry, and any designation of a particular youth facility in an order of disposition or warrant is of no force or effect.
48. (1) Clause 52 (1) (a) of the Act is repealed.
(2) Subclause 52 (5) (a) (i) of the Act is repealed.
(3) Section 52 of the Act is amended by adding the following subsection:
Provincial director’s decision
(6) The provincial director shall consider a recommendation made by the Board under clause (5) (a), but is not bound by the recommendation, and shall advise the young person and the Board in writing of his or her decision in respect of the recommendation within 10 days after receiving the recommendation.
49. (1) Subsection 53 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 40, section 13, is amended by adding “and” at the end of clause (a), by striking out “and” at the end of clause (b) and by striking out clause (c).
(2) Subsection 53 (3) of the Act is amended by striking out “or superintendent” wherever it appears.
50. Part V of the Act is amended by adding the following section:
Employees not to be interested in contracts
57.0.1 (1) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, either in the person’s own name or in the name of or in connection with or as the agent of any other person, provide, furnish or supply any materials, goods or provisions for the use of a youth facility, or have an interest, directly or indirectly, in furnishing, supplying or transporting the same or in any contract relating thereto.
Employees not to trade, etc., with persons in custody
(2) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, buy from or sell to any young person confined in a youth facility anything whatsoever or take or receive to the person’s own use or for the use of any other person, any fee or gratuity from any young person confined in a youth facility or from any visitor to a youth facility or from any other person in respect of a young person confined in a youth facility.
Offence
(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000.
51. (1) Clauses 57.3 (2) (a) and (b) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 14, are repealed and the following substituted:
(a) a correctional institution or youth facility that is operated or maintained by a contractor, at any time; and
(b) any place, other than a correctional institution or youth facility, where the contractor keeps documents or things relevant to the inspection, during normal business hours.
(2) Clause 57.3 (5) (f) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 14, is repealed and the following substituted:
(f) question an employee of the contractor, an inmate of the correctional institution or a young person confined in the youth facility on matters relevant to the inspection, subject to the person’s right to have counsel or another representative present during the questioning.
(3) Clause 57.3 (10) (a) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 14, is repealed and the following substituted:
(a) a correctional institution or youth facility that is operated or maintained by the contractor;
(4) Subsection 57.3 (10) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 14, is amended by striking out “and” at the end of clause (c) and by adding the following clause:
(c.1) young persons confined in the youth facility; and
52. (1) Subsection 57.6 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 14, is amended by striking out the portion before clause (a) and substituting the following:
Replacement of superintendent or director
(1) The Minister may appoint a person to act in the place of the superintendent of a correctional institution or in the place of the superintendent or director of a youth facility for the period of time specified in the appointment if,
. . . . .
(2) Subsection 57.6 (3) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 14, is amended by striking out “The contractor that operates or maintains the correctional institution” at the beginning and substituting “The contractor that operates or maintains the correctional institution or youth facility”.
(3) Subsection 57.6 (4) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 14, is repealed and the following substituted:
Same
(4) The contractor that operates or maintains the correctional institution or youth facility, the contractor’s employees and the replaced superintendent or director shall provide immediate and unrestricted access to the person appointed under this section to the correctional institution or youth facility and to all documents and things relevant to the operation and maintenance of the institution or facility.
53. Subsection 57.9 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 15, is amended by striking out “or” at the end of clause (c) and by adding the following clauses:
(e) at any time, as part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations, in order to monitor the person’s compliance with any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances; or
(f) at any time, as part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations, in order to monitor the person’s compliance with any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances.
54. Section 58 of the Act, as amended by the Statutes of Ontario, 2000, chapter 40, section 16, is amended by adding the following clause:
(a.1) for the determination of earned remission of inmates;
55. Section 59 of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 40, section 17, is repealed and the following substituted:
Member of Legislative Assembly
59. Every member of the Legislative Assembly of Ontario is entitled to enter and inspect any correctional institution, community resource centre or youth facility established or designated under this Act, whether it is operated or maintained by the Ministry or by a contractor, for any purpose related to the member’s duties and responsibilities as a member of the Legislative Assembly, unless the Minister determines that the correctional institution, community resource centre or youth facility is insecure or an emergency condition exists in it.
56. (1) Clause 60 (1) (a) of the Act is repealed and the following substituted:
(a) respecting the operation, management and inspection of correctional institutions;
(2) Clause 60 (1) (c.3) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 18, is amended by striking out “directors and”.
(3) Clause 60 (1) (c.4) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 40, section 18, is amended by striking out “for the purpose of section 35.1” and substituting “for the purpose of subsection 34.1 (2)”.
(4) Clause 60 (1) (d) of the Act is repealed.
(5) Clause 60 (1) (l) of the Act is repealed and the following substituted:
(l) respecting the duties and powers of directors, superintendents, probation officers, parole officers, correctional officers, other persons employed in the administration of this Act and volunteers;
(6) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10, 2000, chapter 40, section 18 and 2002, chapter 12, section 2, is amended by adding the following clauses:
(t.1) prescribing procedures for carrying out searches in correctional institutions, prescribing procedures for carrying out searches in places of secure custody or temporary detention and prescribing procedures for carrying out searches in places of open custody;
(t.2) prescribing procedures for the disposition of contraband found during a search;
Northern Services
Boards Act
57. Paragraph 7 of subsection 41 (2) of the Northern Services Boards Act, as enacted by the Statutes of Ontario, 1998, chapter 16, section 10, is repealed and the following substituted:
7. Emergency management programs under the Emergency Management Act.
Police Services Act
58. The definition of “Solicitor General” in section 2 of the Police Services Act, as enacted by the Statutes of Ontario, 1997, chapter 8, section 1, is repealed.
59. Subsection 5 (3) of the Act, as enacted by the Statutes of Ontario, 2001, chapter 11, section 1, is repealed and the following substituted:
One board or joint board
(3) All the police services provided in one municipality, except police services provided in a way described in paragraph 3 or 4 of subsection (1) or police services provided in the municipality by the Ontario Provincial Police under section 5.1, must be provided under one board or joint board.
60. Subsection 21 (10) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 15, is repealed and the following substituted:
Confidentiality
(10) Each member of the Commission shall preserve secrecy in respect of all information obtained in the course of his or her duties under this Act and shall not communicate any such information to any person, except,
(a) as may be required in connection with the administration of this Act and the regulations;
(b) to his or her counsel; or
(c) with the consent of the person, if any, to whom the information relates.
Exception – law enforcement purposes
(11) Despite subsection (10), the chair of the Commission or his or her designate may communicate any information obtained in the course of their duties under this Act as may be required for law enforcement purposes.
Testimony
(12) No member or employee of the Commission shall be required to give testimony in any civil suit or proceeding with regard to information obtained in the course of his or her duties.
61. (1) Subsection 27 (1) of the Act is repealed and the following substituted:
Police services boards
(1) There shall be a police services board or, as provided in subsection 5 (3), one or more police services boards, for every municipality that maintains a police force.
(2) Subsection 27 (14) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 19, is repealed and the following substituted:
Interpretation of municipal populations where more than one board
(14) Where there is more than one board in a municipality pursuant to subsection 5 (3), the references in subsections (4), (5) and (9) to the population of a municipality shall be read as references to the population of the part of the municipality that is served by the board that is the subject of the subsection.
62. Subsection 56 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is repealed.
63. (1) Section 57 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is amended by adding the following subsection:
Same, where person affected is a minor
(1.1) If the person directly affected by the policy, service or conduct is a minor, the parent or guardian of the minor may bring a complaint on the minor’s behalf and, for that purpose, the parent or guardian shall be deemed to be directly affected by the policy, service or conduct.
(2) Clause 57 (7) (c) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is repealed and the following substituted:
(c) a member or auxiliary member of a police force if that police force or another member of that police force is the subject of the complaint;
(c.1) an employee of the Ontario Provincial Police if the Ontario Provincial Police or a member of the Ontario Provincial Police is the subject of the complaint;
64. Section 64 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is amended by adding the following subsections:
Complaints by chief
(1.1) The chief of police may, of his or her own motion, make a complaint about the conduct of a police officer on his or her police force, other than the deputy chief of police, and shall cause such complaint to be investigated and the investigation to be reported on in a written report.
Same
(1.2) Except for those provisions or parts of provisions respecting complainants, this Part applies to a complaint made under subsection (1.1).
65. Section 65 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is amended by adding the following subsections:
Complaints by board
(1.1) The board may, of its own motion, make a complaint about the conduct of the chief of police or deputy chief of police and shall review such complaint.
Same
(1.2) Except for those provisions or parts of provisions respecting complainants, this Part applies to a complaint made under subsection (1.1).
66. Subsection 69 (11) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
67. Subsection 70 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is repealed and the following substituted:
Appeal to Commission
(1) A police officer or complainant may, within 30 days of receiving notice of the decision made after a hearing held by the chief of police under subsection 64 (7) or by the board under subsection 65 (9), appeal the decision to the Commission by serving on the Commission a written notice stating the grounds on which the appeal is based.
68. Subsection 71 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is repealed and the following substituted:
Appeal to Divisional Court
(1) A party to a hearing held by the Commission under subsection 65 (9) or section 70 may appeal the Commission’s decision to the Divisional Court within 30 days of receiving notice of the Commission’s decision.
69. Subsection 76 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 35, is repealed and the following substituted:
Delegation of chief’s powers and duties
(1) A chief of police may authorize a police officer or a former police officer of the rank of inspector or higher or a judge or former judge who has retired from office to conduct a hearing under subsection 64 (7) or to act under subsection 64 (11) or (15).
70. Part V of the Act is amended by adding the following section:
Confidentiality, exceptions
80. Every person engaged in the administration of this Part shall preserve secrecy with respect to all information obtained in the course of his or her duties under this Part and shall not communicate such information to any other person except,
(a) as may be required in connection with the administration of this Act and the regulations;
(b) to his or her counsel;
(c) as may be required for law enforcement purposes; or
(d) with the consent of the person, if any, to whom the information relates.
71. Subsections 124 (7) and (8) of the Act are amended by striking out “Ontario Court (General Division)” wherever it appears and substituting in each case “Superior Court of Justice”.
Commencement
Commencement
72. (1) Subject to subsection (2), this Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
Same
(2) Sections 15 to 57 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE O
AMENDMENTS PROPOSED BY THE
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES
Ministry of Training, Colleges
and Universities Act
1. The Ministry of Training, Colleges and Universities Act is amended by adding the following section:
Powers re agreements
7.2 (1) An agreement under section 7.1 may impose performance or other requirements on a university, college of applied arts and technology or other post-secondary institution that must be met in order for the students of the institution to be eligible to apply for awards, grants or student loans.
Examples of requirements
(2) Without limiting subsection (1), the requirements referred to in that subsection may include a performance bond and a loan default sharing arrangement.
Withdrawal of approval
(3) The Minister may withdraw the approval of a university, college of applied arts and technology or other post-secondary institution as an institution whose students are eligible to apply for awards, grants or student loans if the institution ceases to meet any condition of an agreement entered into under section 7.1, 8 or 8.0.1.
Loans by other parties, etc.
(4) Section 7.1 and this section apply to loans referred to in sections 8, 8.0.1 and 8.1.
Existing agreements
(5) This section applies to agreements entered into before or after the coming into force of this section.
Commencement
Commencement
2. This Schedule comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.
SCHEDULE P
AMENDMENTS AND REPEALS PROPOSED
BY THE MINISTRY OF TRANSPORTATION
Highway Traffic Act
1. Subsection 7 (16) of the Highway Traffic Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:
Minister may refuse to issue or validate or may cancel permit
(16) The Minister may, in his or her discretion, refuse to issue or validate or may cancel any permit issued for any motor vehicle or trailer that is to be used or is used as a public vehicle within the meaning of the Public Vehicles Act, unless the owner of such motor vehicle or trailer is in possession of an operating licence as required by that Act.
2. The Act is amended by adding the following section:
Dishonoured payments
7.0.1 (1) The Minister may refuse to issue, renew, replace, reinstate, transfer or validate a permit, or the vehicle or plate portion of a permit, if any payment is dishonoured in respect of,
(a) a permit-related fee or driver’s licence-related fee charged under this Act to the applicant for or holder of the permit or of the vehicle or plate portion of the permit;
(b) an administrative fee for handling a dishonoured payment for a fee described in clause (a); or
(c) any interest or penalty imposed in respect of a fee described in clause (a) or (b).
Cancellation of permit
(2) The Minister may cancel a permit, or the vehicle or plate portion of a permit, if any payment is dishonoured, or was dishonoured before this section comes into force, in respect of a fee, interest or penalty described in subsection (1).
Notice
(3) The Minister shall give the holder of the permit, or of the vehicle or plate portion of the permit, notice, in the prescribed manner, of the proposed cancellation under subsection (2) and, subject to subsection (4), the cancellation shall take effect on the 30th day after the day the notice was given.
Minister may require return of permit
(4) If required by the Minister, the holder of a permit or portion of a permit cancelled under this section shall return the permit or portion of the permit to the Minister.
Payment honoured
(5) If the amount of all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid to the Ministry before the 30th day after the day the notice was given, the cancellation shall not take effect.
Reinstatement
(6) Subject to any other requirements for reinstatement, the Minister shall reinstate the permit, or the vehicle or plate portion of the permit, when all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid in full.
Not entitled to driver’s licence
(7) A person is not entitled to be issued a driver’s licence or to have his or her driver’s licence renewed or reinstated while his or her permit, or the vehicle or plate portion of his or her permit, is cancelled under this section.
Protection from personal liability
(8) No action or other proceeding shall be instituted against the Registrar or any other official or employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section.
Crown not relieved of liability
(9) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (8) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (8) to which it would otherwise be subject.
Regulations
(10) The Lieutenant Governor in Council may make regulations prescribing methods of giving notice and rules respecting notice for the purpose of this section.
3. (1) Subsection 16 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 138 and 1996, chapter 33, section 1, is amended by striking out “In this section and in sections 17 to 23” at the beginning and substituting “In this section and in sections 17 to 23.1”.
(2) Subsection 16 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 138 and 1996, chapter 33, section 1, is amended by adding the following definitions:
“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly; (“rémunération”)
“goods” includes all classes of materials, wares and merchandise and livestock; (“biens”)
(3) The definitions of “owner-driver authority” and “single-source authority” in subsection 16 (1) of the Act are repealed.
(4) Subsection 16 (2) of the Act is amended by striking out “the holder of a CVOR certificate that is not under suspension” and substituting “the holder of a valid CVOR certificate”.
(5) Subsection 16 (3) of the Act is amended by adding “or” at the end of clause (a), by striking out “or” at the end of clause (b) and by striking out clause (c).
(6) Subsections 16 (5), (6) and (7) of the Act are repealed and the following substituted:
Requirements for lease
(5) Every lease carried under subsection (3) shall clearly identify the vehicle involved, the parties to the lease and their addresses, the operator of the vehicle and the operator’s CVOR certificate.
4. (1) Subsection 17 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 33, section 2, is repealed and the following substituted:
CVOR certificates issued, renewed by Registrar
(1) The Registrar shall issue a CVOR certificate to and renew a CVOR certificate of every person who applies for the certificate or renewal in the form approved by the Minister and meets the requirements of this Act and the regulations.
Terms and conditions
(1.1) The Registrar may issue a CVOR certificate subject to any terms and conditions that the Registrar considers appropriate.
(2) Section 17 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 33, section 2, is amended by adding the following subsections:
Same
(3.1) The Registrar may refuse to issue, replace or renew a CVOR certificate if the applicant is indebted to the Minister of Finance in respect of,
(a) an outstanding fee, or an outstanding penalty or interest in respect of a fee, due under this Act or the Public Vehicles Act; or
(b) an outstanding public vehicle-related fee, or an outstanding penalty or interest in respect of such fee, under the Motor Vehicle Transport Act, 1987 (Canada).
Same
(3.2) The Registrar shall refuse to renew a CVOR certificate,
(a) that was issued subject to terms or conditions; or
(b) that has been invalid for more than 12 months before the application for renewal is received by the Registrar.
(3) Subsection 17 (5) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 33, section 2, is repealed and the following substituted:
Expiry
(5) A CVOR certificate issued or renewed on or after the day subsection 4 (3) of Schedule P to the Government Efficiency Act, 2002 comes into force expires as provided in the regulations.
Expiry date assigned to existing CVOR certificates
(5.1) The Registrar may at any time assign an expiry date to a CVOR certificate that was issued before the day subsection 4 (3) of Schedule P to the Government Efficiency Act, 2002 comes into force.
Notice
(5.2) The Registrar shall give the holder of a CVOR certificate notice, in the prescribed manner, of the assignment of an expiry date under subsection (5.1).
5. The Act is amended by adding the following section:
Revocation of CVOR certificate for dishonoured payments
17.0.1 (1) The Registrar may revoke a CVOR certificate if the payment of the issuance, renewal or replacement fee in respect of the certificate has been dishonoured.
Notice
(2) The Registrar shall give the holder of the CVOR certificate notice, in the prescribed manner, of the proposed revocation under subsection (1) and, subject to subsection (3), the revocation shall take effect on the 30th day after the day the notice was given.
Payment honoured
(3) If the amount of the dishonoured payment, and any related fees, interest and penalties, are paid to the Registrar before the 30th day after the day the notice was given, the revocation shall not take effect.
6. Section 19 of the Act is repealed and the following substituted:
Person deemed to be operator
19. In the absence of evidence to the contrary, where no CVOR certificate or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the vehicle shall be deemed to be the operator for the purposes of sections 18 and 20.
7. Subsection 20 (1) of the Act is amended by striking out “or contract” wherever it appears.
8. Section 21 of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 5, is amended by adding the following subsection:
Same
(4) Every person who provides, uses or permits the use of a fictitious, altered or fraudulently obtained CVOR certificate, or improperly uses a CVOR certificate, is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
9. (1) Clause 22 (1) (a) of the Act is repealed.
(2) Clause 22 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 33, section 6, is amended by striking out “to obtain and to hold CVOR certificates” and substituting “to obtain, renew and hold CVOR certificates”.
(3) Clause 22 (1) (d.1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 33, section 6, is repealed.
(4) Subsection 22 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 6, is amended by adding the following clauses:
(k) governing the expiry of CVOR certificates, including establishing classes of CVOR certificate holders and providing different expiry dates, or different methods of determining expiry dates, for CVOR certificates held by different classes of holders;
(l) prescribing methods of giving notice and rules respecting notice for the purposes of subsections 17 (5.2) and 17.0.1 (2).
(5) Section 22 of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 6, is amended by adding the following subsection:
Same
(3) Subject to the approval of the Minister, the Registrar may exempt any class of persons from the requirement to pay a fee set under subsection (2).
10. Subsection 23 (6) of the Act is amended by adding the following clause:
(c) prescribing the form, amount, nature, class, provisions and conditions of the insurance required by section 23.1 and the nature of the evidence of that insurance that is to be carried in the vehicle.
11. The Act is amended by adding the following section:
Insurance
23.1 Every person carrying goods for any other person for compensation shall obtain and carry the insurance that is required by the regulations and shall ensure that the evidence of the insurance is carried in every commercial motor vehicle of the operator that is being used to transport goods for compensation.
12. (1) Subsections 32 (3), (4) and (5) of the Act are repealed and the following substituted:
Endorsement required
(3) No person shall drive on a highway a type of motor vehicle or combination of vehicles for which the regulations require a driver’s licence endorsement or in circumstances for which the regulations require a driver’s licence endorsement unless the person’s driver’s licence permits him or her to drive that class of motor vehicle or combination of vehicles and is endorsed to permit him or her to drive that type of motor vehicle or combination of vehicles or to drive in those circumstances, as the case may be.
. . . . .
Issuance of driver’s licence, endorsements
(5) The Minister may require an applicant for a driver’s licence or an endorsement or a person who holds a driver’s licence to submit to the examinations that are authorized by the regulations at the times and places required by the Minister and to meet other prescribed requirements, and the Minister may,
(a) in the case of an applicant for a driver’s licence,
(i) issue the driver’s licence of the class and subject to the conditions authorized by the regulations that, in the opinion of the Minister, are justified by the results of the examinations and other prescribed requirements, or
(ii) where the applicant fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, refuse to issue a driver’s licence to the applicant;
(b) in the case of a person who holds a driver’s licence,
(i) impose the conditions authorized by the regulations, remove any conditions or endorsements or change the class or classes of driver’s licence held by the person, in accordance with the results of the examinations and other prescribed requirements, or
(ii) where the person fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, impose the conditions authorized by the regulations, remove any endorsements, suspend or cancel the driver’s licence held by the person or change the class or classes of driver’s licence held by the person;
(c) in the case of a person who holds a driver’s licence and who is an applicant for an endorsement,
(i) grant the endorsements authorized by the regulations that, in the opinion of the Minister, are justified by the results of the examinations and other prescribed requirements, or
(ii) where the person fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, refuse to grant the endorsements applied for.
(2) Subsection 32 (8) of the Act is repealed.
(3) Subsections 32 (10) and (11) of the Act are repealed and the following substituted:
Responsibility of owner
(10) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway unless that person holds a driver’s licence for the class of motor vehicles or combination of vehicles to which the motor vehicle or combination of vehicles belongs.
Same
(10.1) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway where to do so would contravene a condition on the person’s driver’s licence.
Same
(11) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway unless that person holds a driver’s licence containing any endorsements that are required to drive that motor vehicle or combination of vehicles under the circumstances in which the person will be driving.
(4) Subsection 32 (11.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 40, section 2, is repealed and the following substituted:
Same, novice drivers
(11.1) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit a novice driver, as defined under section 57.1, to drive the motor vehicle or combination of vehicles on a highway while contravening a condition or restriction imposed upon the novice driver by the regulations.
(5) Subsection 32 (12) of the Act is repealed.
(6) Clause 32 (14) (c) of the Act is repealed and the following substituted:
(c) prescribing conditions that may be imposed on a driver’s licence or on a class or classes of drivers’ licences;
(7) Clause 32 (14) (e) of the Act is repealed and the following substituted:
(e) respecting practical and written driving examinations, mental examinations and physical examinations, including ophthalmic and auditory examinations, for applicants for and holders of drivers’ licences and endorsements;
(8) Clauses 32 (14) (g) and (h) of the Act are repealed and the following substituted:
(g) prescribing the requirements to be met by an applicant for a driver’s licence;
(h) prescribing types of motor vehicles or of combinations of vehicles for which endorsements are required and prescribing the endorsements;
(i) prescribing the circumstances for which endorsements are required and prescribing the endorsements;
(j) prescribing the requirements to be met by a person applying for an endorsement;
(k) prescribing the requirements to be met by a person for a condition to be removed from his or her driver’s licence;
(l) prescribing the qualifications of applicants for and holders of endorsements and authorizing the Minister to waive the qualifications that are specified in the regulations under the circumstances prescribed in the regulations;
(m) respecting documents required to be filed with the Ministry prior to the issuance of a driver’s licence or any class or classes of drivers’ licences or prior to granting an endorsement or as a requirement for retaining a driver’s licence or endorsement by the holder of a driver’s licence;
(n) prescribing the kinds of decisions under subsection (5) which an applicant or person who holds a driver’s licence may appeal under section 50;
(o) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.
(9) Subsection 32 (16) of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2, is repealed and the following substituted:
Penalty
(16) Every person who contravenes subsection (1), (2), (3), (10), (10.1), (11) or (11.1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.
(10) Subsection 32 (17) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 3, is repealed and the following substituted:
Penalty – commercial motor vehicle
(17) Despite subsection (16), every person who contravenes subsection (1), (3), (9), (10), (10.1), (11) or (11.1) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000.
(11) Section 32 of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2 and 1996, chapter 20, section 3, is amended by adding the following subsection:
Limitation on driver’s licence
(18) For greater certainty, a person who holds a driver’s licence to drive a class of motor vehicle may nevertheless be restricted to driving a type of motor vehicle or combination of vehicles within that class of motor vehicle,
(a) by a condition prescribed under clause (14) (c) that is imposed on the person’s licence; or
(b) by the absence of an endorsement prescribed under clause (14) (h) or (i) on the person’s licence.
13. (1) Subsection 41.2 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 35, section 1, is amended by striking out “an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada)” and substituting “an offence under section 253, 254 or 255 of the Criminal Code (Canada)”.
(2) Subsection 41.2 (5) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 35, section 1, is amended by striking out “an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada)” and substituting “an offence under section 253, 254 or 255 of the Criminal Code (Canada)”.
(3) The English version of subsection 41.2 (10) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 35, section 1, is amended by striking out “shall knowingly permit a person to driving the vehicle” and substituting “shall knowingly permit a person to drive the vehicle”.
14. (1) Clause 46 (1) (e) of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule O, section 3, is repealed and the following substituted:
(e) that was committed with a motor vehicle under section 249, 249.1, 252, 253, 254, 255 or 259 of the Criminal Code (Canada).
(2) The Schedule to section 46 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 2, is amended by striking out “Truck Transportation Act”.
15. (1) Subsection 47 (3) of the Act is repealed and the following substituted:
New permit not to be issued
(3) A person whose permit is under suspension or is cancelled under this section is not entitled to be issued a plate portion of a permit while the permit is under suspension or is cancelled.
New licence not to be issued
(3.1) A person whose licence is under suspension or is cancelled under this section is not entitled to be issued a licence while the licence is under suspension or is cancelled.
New CVOR certificate not to be issued
(3.2) A person whose CVOR certificate is under suspension under this section or is revoked under section 17.0.1 is not entitled to be issued a CVOR certificate while the CVOR certificate is under suspension or is revoked.
Same
(3.3) A person whose CVOR certificate has been cancelled under this section is never entitled to be issued a CVOR certificate.
(2) Subsection 47 (7) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 7, is amended by striking out “Every person whose CVOR certificate is suspended” at the beginning and substituting “Every person whose CVOR certificate is suspended or cancelled”.
(3) Subsection 47 (10) of the Act is repealed and the following substituted:
Power to seize out-of-province permits
and plates
(10) The Registrar may, at any time, for misconduct or contravention of this Act or the Public Vehicles Act or of any regulation thereunder by an owner or lessee of one or more motor vehicles or trailers for which permits have been issued by a jurisdiction or jurisdictions other than the Province of Ontario, order that the permit and number plates issued for the vehicle or vehicles be seized.
Same
(11) Any police officer or officer appointed for carrying out this Act or for the enforcement of the Public Vehicles Act may seize the permit and number plates pursuant to an order under subsection (10) and deliver them to the Ministry, which shall return them to the authority that issued them.
16. The Act is amended by adding the following section:
Dishonoured payments
47.2 (1) The Minister may refuse to issue, renew, replace or reinstate a driver’s licence if any payment is dishonoured in respect of,
(a) a permit-related fee or driver’s licence-related fee charged under this Act to the applicant for or holder of the licence;
(b) an administrative fee for handling a dishonoured payment for a fee described in clause (a); or
(c) any interest or penalty imposed in respect of a fee described in clause (a) or (b).
Cancellation of licence
(2) The Minister may cancel a driver’s licence if any payment is dishonoured, or was dishonoured before this section comes into force, in respect of a fee, interest or penalty described in subsection (1).
Notice
(3) The Minister shall give the holder of the driver’s licence notice, in the prescribed manner, of the proposed cancellation under subsection (2) and, subject to subsection (4), the cancellation shall take effect on the 30th day after the day the notice was given.
Minister may require return of licence
(4) If required by the Minister, the holder of a driver’s licence cancelled under this section shall return the licence to the Minister.
Payment honoured
(5) If the amount of all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid to the Ministry before the 30th day after the day the notice was given, the cancellation shall not take effect.
Reinstatement
(6) Subject to any other requirements for reinstatement, the Minister shall reinstate the driver’s licence when all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid in full.
Not entitled to vehicle permit
(7) A person is not entitled to be issued a vehicle permit or to have a vehicle permit renewed, validated, transferred or reinstated while his or her driver’s licence is cancelled under this section.
Protection from personal liability
(8) No action or other proceeding shall be instituted against the Registrar or any other official or employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section.
Crown not relieved of liability
(9) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (8) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (8) to which it would otherwise be subject.
Regulations
(10) The Lieutenant Governor in Council may make regulations prescribing methods of giving notice and rules respecting notice for the purpose of this section.
17. Subsections 50 (1) and (3) of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule O, section 6, are repealed and the following substituted:
Appeal
(1) Every person aggrieved by a decision of the Minister made under subsection 32 (5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal.
. . . . .
Appeal to judge
(3) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Minister under subsection 32 (5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under clause 47 (1) (b) may, within 30 days after a notice of the decision is sent to the person’s latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Superior Court of Justice.
18. Clause (b) of the definition of “operator” in subsection 55.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8, is amended by striking out “or contract”.
19. (1) Subsection 62 (7) of the Act is repealed and the following substituted:
Attachment that affects lamps prohibited
(7) No person shall drive upon a highway a motor vehicle if either or both of the lamps that are required on the front of the vehicle by subsections (1), (2) and (3),
(a) are coated or covered with a coloured material; or
(b) have been modified by the attachment to the lamps or the motor vehicle of any device that reduces the effective area of the lenses or the intensity of the beam of the lamps.
Exception
(7.1) Clause (7) (a) does not apply if the lamps are of the prescribed type or meet the prescribed standards.
(2) Paragraph 2 of subsection 62 (15.1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 103, is repealed and the following substituted:
2. A ministry vehicle operated by an officer appointed to carry out this Act or the Public Vehicles Act, while the officer is in the course of his or her employment.
(3) Subsection 62 (21) of the Act is amended by adding the following clause:
(c) prescribing types of, or standards for, lamps coated or covered with a coloured material that may be used for the purpose of subsection (7.1).
(4) Section 62 of the Act, as amended by the Statutes of Ontario, 1994, chapter 35, section 1, 1996, chapter 20, section 13, 1996, chapter 33, section 11, 1997, chapter 4, section 81, 1998, chapter 35, section 103 and 2002, chapter 4, section 64, is amended by adding the following subsection:
Same
(21.1) A regulation made under clause (21) (c) may prescribe different types of lamps and different standards for different classes of motor vehicles.
20. The Act is amended by adding the following section:
Air bags
Sale of rebuilt air bags prohibited
71.1 (1) No person shall sell, offer or advertise for sale, or have in the person’s possession with intent to sell, a rebuilt air bag.
Rebuilding air bags prohibited
(2) No person shall rebuild an air bag.
Installation of rebuilt air bags prohibited
(3) No person shall install a rebuilt air bag in a motor vehicle.
Penalty
(4) Every person who contravenes subsection (1), (2) or (3) or who contravenes or fails to comply with a regulation made under clause (5) (c) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(b) for each subsequent offence, to a fine of not less than $5,000 and not more than $20,000.
Regulations
(5) The Lieutenant Governor in Council may make regulations,
(a) defining “rebuilt air bag” for the purpose of this section;
(b) prescribing the activities that constitute or do not constitute rebuilding an air bag for the purpose of this section;
(c) prescribing methods and standards for installing air bags, other than rebuilt air bags, and requiring all persons or any class of persons to comply with the methods and standards;
(d) exempting any class of persons, any class of air bags, other than rebuilt air bags, and any class of motor vehicle from any provision of a regulation made under clause (c) and prescribing conditions for any such exemptions;
(e) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable in connection with this section.
Regulation that incorporates another document
(6) A regulation made under clause (5) (c) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.
21. (1) Clauses 76 (1) (a) and (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 28, section 1, are repealed and the following substituted:
(a) to the rear of the slow moving vehicle, if no trailer, implement of husbandry or other device is being towed;
(b) to the rear of the rearmost trailer, implement of husbandry or other device that is being towed by the slow moving vehicle, if one or more trailers, implements or other devices are being towed.
(2) Subsection 76 (3) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 28, section 1, is amended by striking out “if the vehicle is operated” and substituting “if the slow moving vehicle is operated”.
(3) Subsection 76 (6) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 28, section 1, is repealed and the following substituted:
Prohibition
(6) No person shall operate on a highway a vehicle, other than a slow moving vehicle, with a slow moving vehicle sign attached to it or to a trailer, implement of husbandry or other device being towed by it.
Same
(6.1) No person shall operate on a highway a slow moving vehicle with a slow moving vehicle sign attached to it or to a trailer, implement of husbandry or other device being towed by it, at a speed greater than 40 kilometres per hour.
22. The Act is amended by adding the following section:
Pre-empting traffic control signal devices
prohibited
79.1 (1) No person shall drive on a highway a motor vehicle that is equipped with, carries, contains or has attached to it a pre-empting traffic control signal device.
Exception
(2) Subsection (1) does not apply to a person driving an emergency vehicle, as defined in subsection 144 (1).
Powers of police officer
(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with, carries, contains or has attached to it a pre-empting traffic control signal device contrary to subsection (1) and may detach, if required, seize and take away any such device found in or upon the motor vehicle.
Forfeiture of device
(4) Where a person is convicted of an offence under this section, any device seized under subsection (3) is forfeited to the Crown.
Penalty
(5) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000.
Definition
(6) In this section,
“pre-empting traffic control signal device” means any device or equipment that may temporarily suppress or extend an indication on a traffic control signal from its current setting.
Same
(7) In subsection (6),
“indication” and “traffic control signal” have the same meanings as in section 133.
23. Clause (b) of the definition of “operator” in subsection 82.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 10, is amended by striking out “or contract”.
24. Clause (b) of the definition of “operator” in subsection 84.1 (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 12, is amended by striking out “or contract”.
25. (1) Subsection 109 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 138, is amended by striking out “Subject to section 110” at the beginning and substituting “Subject to sections 110 and 110.1”.
(2) Subsection 109 (2) of the Act is amended by striking out “Subject to section 110” at the beginning and substituting “Subject to sections 110 and 110.1”.
(3) Subsection 109 (6) of the Act is amended by striking out “Subject to section 110” at the beginning and substituting “Subject to sections 110 and 110.1”.
(4) Subsection 109 (10) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 34, section 3, is amended by striking out “Subject to section 110” at the beginning and substituting “Subject to sections 110 and 110.1”.
(5) Subsection 109 (10.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 34, section 3, is repealed.
(6) Subsection 109 (14) of the Act is amended by striking out “Subject to section 110” at the beginning and substituting “Subject to sections 110 and 110.1”.
(7) Section 109 of the Act, as amended by the Statutes of Ontario, 1993, chapter 34, section 3, 1994, chapter 27, section 138 and 1996, chapter 20, section 24, is amended by adding the following subsection:
Same
(18) The Lieutenant Governor in Council may make regulations exempting any class of vehicles from the application of subsection (10) and prescribing conditions for such exemptions.
26. Subsections 111 (2) and (3) of the Act are repealed and the following substituted:
Proper loading
(2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle.
Same, commercial motor vehicle
(2.1) No person shall operate or permit to be operated upon a highway a commercial motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered in accordance with the regulations.
Inspections
(2.2) No person shall drive upon a highway a commercial motor vehicle that carries a load or a commercial motor vehicle that draws a vehicle carrying a load unless the prescribed inspections have been carried out.
Regulations
(3) The Lieutenant Governor in Council may make regulations,
(a) governing the manner of loading, binding, securing, containing or covering loads on commercial motor vehicles operated on highways;
(b) prescribing standards and specifications of equipment and material used to load, bind, secure, contain or cover loads on commercial motor vehicles;
(c) governing the inspection of,
(i) loads on commercial motor vehicles or on vehicles drawn by a commercial motor vehicle, and
(ii) equipment and material used to load, bind, secure, contain or cover loads on commercial motor vehicles or on vehicles drawn by a commercial motor vehicle;
(d) requiring operators and drivers of commercial motor vehicles to keep the documents and records that may be specified in the regulations and requiring the submission of those documents and records, upon request, to a police officer or officer appointed for carrying out the provisions of this Act;
(e) prescribing things, including the material used to load, bind, secure, contain or cover a load, that are part of a load for the purposes of this section;
(f) exempting any class of vehicle or person from this section or from any provision in a regulation made under this section.
Classes
(3.1) A regulation made under subsection (3) may designate classes of vehicles, highways or persons and may provide that the regulation applies or does not apply to a particular class or applies differently to different classes.
Exemptions
(3.2) The Registrar may exempt any person, vehicle or highway from any provision in the regulations, subject to any conditions that the Registrar considers appropriate.
Incorporation by reference
(3.3) A regulation under clause (3) (a), (b) or (c) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.
27. Subsection 121 (3) of the Act is amended by striking out “or the Truck Transportation Act” at the end.
28. Section 124 of the Act, as amended by the Statutes of Ontario, 1996, chapter 20, section 27, is repealed and the following substituted:
Power of officer to have vehicle weighed, examined
124. (1) A police officer or officer appointed for carrying out the provisions of this Act may stop any vehicle or combination of vehicles, direct the driver to such location as is reasonable in the circumstances, direct the driver to drive the vehicle or combination of vehicles on or off of a scale in order to weigh the vehicle or combination of vehicles using portable or stationary scales, and measure and examine the vehicle or combination of vehicles to determine its nature and dimensions.
Load removed or redistributed
(2) Where it is found that the gross vehicle weight, axle unit weight or axle group weight of any vehicle or combination of vehicles is in excess of the limits permitted under this Act or the regulations, or under the permit issued for the vehicle or combination of vehicles, the police officer or officer appointed for carrying out the provisions of this Act may require the driver to redistribute or remove as much of the load as is necessary to ensure compliance with this Act, the regulations and the permit.
Penalty
(3) Every driver who, when required under subsection (1) to stop, drive to another location or drive the vehicle on or off of a scale, refuses or fails to do so is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 and to the suspension of his or her driver’s licence for a period of not more than 30 days.
Same
(4) Every driver is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $200 who,
(a) when required under subsection (2) to redistribute or remove part of a load, refuses or fails to do so or to cause it to be done; or
(b) obstructs any weighing, measuring or examination authorized by this section.
Penalty, commercial motor vehicle
(5) Despite subsection (3), every driver of a commercial motor vehicle within the meaning of subsection 16 (1) who, when required under subsection (1) to stop, drive to another location, or drive the vehicle on or off of a scale, refuses or fails to do so is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 and to the suspension of his or her driver’s licence for a period of not more than 30 days.
Same
(6) Despite subsection (4), every driver of a commercial motor vehicle within the meaning of subsection 16 (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 who,
(a) when required under subsection (2) to redistribute or remove part of a load, refuses or fails to do so or to cause it to be done; or
(b) obstructs any weighing, measuring or examination authorized by this section.
29. (1) Clause 128 (1) (c) of the Act, as amended by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed and the following substituted:
(c) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (4), (5), (6), (6.1) or (7); or
(2) Clause 128 (5) (b) of the Act is repealed and the following substituted:
(b) for motor vehicles driven, on days on which school is regularly held, on the portion of a highway so designated, prescribe a rate of speed that is 10 or 20 kilometres per hour lower than the rate of speed otherwise prescribed under subsection (1) or (2) for that portion of highway, but not lower than 40 kilometres per hour, and prescribe the time or times between the hours of 7 a.m. and 5 p.m. at which the speed limit is effective.
(3) Section 128 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2 and 1997, chapter 26, Schedule, is amended by adding the following subsections:
Rate on grade
(6.1) The council of a municipality and the trustees of a police village may by by-law,
(a) designate a portion of a highway under its jurisdiction that includes a grade of 6 per cent or higher; and
(b) prescribe for any class or classes of motor vehicles a rate of speed, when travelling down grade on that portion of the highway, that is 10 or 20 kilometres per hour lower than the rate of speed otherwise prescribed under subsection (1) or (2) for that portion of highway, but not lower than 40 kilometres per hour.
Same
(6.2) The portion of a highway designated under clause (6.1) (a) shall not include more than 500 metres on either side of the portion of the highway where the grade is 6 per cent or higher.
(4) Subsection 128 (6.1) of the Act, as enacted by subsection (3), is amended by striking out “and the trustees of a police village” in the portion before clause (a).
(5) The French version of clause 128 (6.1) (a) of the Act, as enacted by subsection (3), is amended by striking out “de leur compétence” and substituting “de sa compétence”.
30. Section 163 of Act is amended by adding the following subsection:
Stop signs at railway crossings
(2) Every driver of a vehicle approaching a stop sign at a railway crossing shall, unless otherwise directed by a flagman, stop the vehicle at the marked stop line or, if none, then not less than five metres from the nearest rail of the railway, and shall not proceed until he or she can do so safely.
31. Subsection 174 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 12, section 13, is amended by striking out the portion before clause (a) and substituting the following:
Public vehicles required to stop at
railway crossings
(1) The driver of a public vehicle, upon approaching on a highway a railway crossing that is not protected by gates or railway crossing signal lights or marked by a stop sign, unless otherwise directed by a flagman, shall,
. . . . .
32. Subsection 182 (1) of the Act is amended by striking out “providing for the erection of signs” and substituting “requiring or providing for the erection of signs”.
33. Subsection 190 (1) of the Act is repealed and the following substituted:
Commercial motor vehicles, driving rules
(1) In this section and in sections 191 and 191.0.1,
“commercial motor vehicle” and “operator” have the same meanings as in subsection 16 (1).
34. Part X of the Act is amended by adding the following section:
Contracts of carriage
191.0.1 (1) Every contract of carriage for a person to carry the goods of another person by commercial motor vehicle for compensation shall contain the information required by the regulations and shall be deemed to include the terms and conditions set out in the regulations.
Deemed terms where no contract of carriage
(2) Where a person is hired for compensation to carry the goods of another person by commercial motor vehicle in circumstances where no contract of carriage has been entered into, then a contract of carriage shall be deemed to have been entered into, and the terms and conditions of the deemed contract of carriage shall be as set out in, and shall apply to such persons as are set out in, the regulations.
Money for contract of carriage
held in trust
(3) A person who arranges with an operator to carry the goods of another person, for compensation and by commercial motor vehicle, shall hold any money received from the consignor or consignee of the goods in respect of the compensation owed to the operator in a trust account in trust for the operator until the money is paid to the operator.
Other rights unaffected
(4) Nothing in subsection (3) derogates from the contractual or other legal rights of the consignor, the consignee, the operator or the person who arranged for the carriage of the goods with respect to the money that is held in trust under that subsection.
Regulations
(5) The Lieutenant Governor in Council may make regulations,
(a) prescribing the information to be contained in contracts of carriage;
(b) prescribing the terms and conditions deemed to be included in every contract of carriage;
(c) prescribing the terms and conditions deemed to be included in a deemed contract of carriage and the persons to which they apply.
Same
(6) A regulation made under subsection (5) may provide that it applies differently to different classes of contracts of carriage, to different classes of persons or in respect of different classes of goods.
Definitions
(7) In this section,
“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly; (“rémunération”)
“goods” includes all classes of materials, wares and merchandise and livestock. (“biens”)
35. The English version of subsection 199.1 (15) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 15, section 2, is amended by striking out “his decision” and substituting “his or her decision”.
36. Section 208 of the Act is repealed and the following substituted:
Recovery
208. The penalties imposed by or under the authority of this Act for the contravention of this Act or the regulations are recoverable under the Provincial Offences Act.
37. The Act is amended by adding the following section:
Power of officer to examine commercial vehicles
216.1 (1) Any officer appointed for carrying out the provisions of this Act may, at any time, examine any commercial vehicle and its contents and equipment for the purpose of ascertaining whether this Act, the Compulsory Automobile Insurance Act or the Dangerous Goods Transportation Act, or the regulations under any of them, are being complied with, and the driver, operator or other person in control of the vehicle shall assist in the examination.
Power to stop commercial vehicles
(2) Any officer appointed for carrying out the provisions of this Act may, for the purpose of an examination under subsection (1), direct, by signals or otherwise, the driver of any commercial vehicle driven on a highway to stop, and the driver, upon being so directed, shall stop the vehicle.
Surrender of documents
(3) Where a commercial vehicle and its contents and equipment are examined under this section, the officer conducting the examination may require the driver, operator or other person in control of the vehicle to surrender all documents relating to the ownership and operation of the vehicle and to the carriage of the goods, and to furnish all information within that person’s knowledge relating to the details of the current trip.
Copies
(4) An officer obtaining a document under subsection (3) may take the document for the purpose of making a copy of it, but the copying shall be done as quickly as reasonably possible and the document copied shall be promptly returned.
Same
(5) Any copy made as provided in subsection (4) and certified to be a true copy by the person making it is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the original document and of the contents of the original document.
Remove vehicle from the highway until in compliance
(6) Where an officer appointed for carrying out the provisions of this Act is of the opinion, on reasonable and probable grounds, that a commercial vehicle is being operated in contravention of this Act, the Compulsory Automobile Insurance Act or the Dangerous Goods Transportation Act, or the regulations under any of them, the officer may,
(a) direct the driver of the vehicle to drive the vehicle to such location as is reasonable in the circumstances and detain it at that location; and
(b) seize the permits and number plates for the vehicle, until the vehicle is able to be operated in compliance with this Act, the Compulsory Automobile Insurance Act, the Dangerous Goods Transportation Act and the Public Vehicles Act, and the regulations under them.
Duty to comply with direction
(7) Every driver who is directed under clause (6) (a) shall comply with the direction.
Offence
(8) Every person who contravenes subsection (1), (2), (3) or (7) is guilty of an offence and upon conviction is liable to a fine of not less than $250 and not more than $20,000.
Definition
(9) For the purposes of this section,
“commercial vehicle” means a commercial motor vehicle and a motor vehicle towing a trailer.
38. Section 224 of the Act is amended by striking out “the Truck Transportation Act, Public Vehicles Act, Compulsory Automobile Insurance Act, Fuel Tax Act or the Dangerous Goods Transportation Act” and substituting “the Compulsory Automobile Insurance Act, the Dangerous Goods Transportation Act, the Fuel Tax Act or the Public Vehicles Act”.
39. Subsection 227 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 33, section 17, is amended by striking out “the Compulsory Automobile Insurance Act, the Dangerous Goods Transportation Act, the Fuel Tax Act, the Public Vehicles Act or the Truck Transportation Act” and substituting “the Compulsory Automobile Insurance Act, the Dangerous Goods Transportation Act, the Fuel Tax Act or the Public Vehicles Act”.
City of Toronto Act, 1997 (No. 2)
40. Section 33 of the City of Toronto Act, 1997 (No. 2) is amended by striking out “and the Truck Transportation Act”.
Fairness is a Two-Way Street Act
(Construction Labour
Mobility), 1999
41. Section 11 of the Fairness is a Two-Way Street Act (Construction Labour Mobility), 1999 is repealed.
Milk Act
42. Section 18 of the Milk Act is repealed.
Ministry of Transportation Act
43. (1) Clause 7 (1) (a) of the Ministry of Transportation Act, as amended by the Statutes of Ontario, 1996, chapter 9, section 27, is repealed and the following substituted:
(a) providing for the registration of commercial motor vehicles and trailers, and for exemptions from such registration;
(2) Subsection 7 (2) of the Act, as amended by the Statutes of Ontario, 1996, chapter 9, section 27, is amended by striking out “and the Truck Transportation Act”.
(3) Subsection 7 (3) of the Act is repealed.
Ontario Northland Transportation Commission Act
44. Section 9 of the Ontario Northland Transportation Commission Act, as amended by the Statutes of Ontario, 1996, chapter 9, section 29, is amended by striking out “The provisions of the Truck Transportation Act and” at the beginning.
Truck Transportation Act
45. The Truck Transportation Act, as amended by the Statutes of Ontario, 1991, chapter 50, 1993, chapter 27, section 7, 1996, chapter 9, sections 33 to 39 and 1999, chapter 12, Schedule G, section 35, is repealed.
Commencement
Commencement
46. (1) Subject to subsection (2), this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(2) Subsection 12 (2) comes into force on the day the Government Efficiency Act, 2002 receives Royal Assent.