Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002, S.O. 2002, c. 8 - Bill 109

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 109 and does not form part of the law. Bill 109 has been enacted as Chapter 8 of the Statutes of Ontario, 2002.

The Bill implements measures contained in the Ontario Budget of June 17, 2002 and other government initiatives.

Schedule A
amendments to the education act

The amendments to the Education Act allow the Minister of Education to make regulations having retroactive application to provide for the levy or collection of rates for 1998 to 2001 in respect of property in territory without municipal organization.

schedule b
amendments to the
financial administration act

The definition of “appropriation” in section 1 of the Financial Administration Act is amended to include the authority to incur a non-cash expense, and “expenditure” is defined to mean either a payment of money or the incurring of a non-cash expense. The definition of “statutory appropriation” supports section 11.6 regarding the preparation of the estimates.

New sections 11.1 to 11.6 of the Act, applicable to fiscal years commencing on or after April 1, 2003, clarify the relationship between the Crown and the Legislature in connection with the expenditure of public money. New section 11.1 prohibits the Crown from incurring expenditures without the authority of the Legislature, provides a statutory appropriation for prescribed non-cash expenses and clarifies that nothing in the Act prohibits spending pursuant to interim supply. New section 11.2 prohibits unauthorized charges to appropriations. New section 11.3 prevents the Crown from entering into contracts under which it would incur unauthorized expenditures. New section 11.4 clarifies who has the authority to give certifications in connection with requisitions for payments out of the Consolidated Revenue Fund and the circumstances in which those certifications may be given. New section 11.5 clarifies that an appropriation does not include the implicit authority to make investments without the approval of the Treasury Board. New section 11.6 replaces section 12 of the Ministry of Treasury and Economics Act and clarifies the contents of the estimates, provides for the lapsing of non-statutory appropriations, permits appropriations to be charged for liabilities incurred during a fiscal year (even though they are not payable until the next fiscal year) and permits appropriations to be charged for liabilities that were authorized by but not charged to a previous fiscal year’s appropriations.

New section 14.1 of the Act replaces the rules in section 14 for fiscal years commencing on or after April 1, 2003. The section clarifies the circumstances in which an accountable advance is to be made and gives ministries until the closing of the books of the government for the relevant fiscal year to repay or account for advances by way of a charge to an appropriation for that fiscal year.

New section 15.1 of the Act replaces the rules in section 15 for fiscal years commencing on or after April 1, 2003. The section clarifies that a ministry that receives an interim payment may recover it into the Consolidated Revenue Fund by selling goods or services to another ministry through a charge to the other ministry’s appropriations. The section also provides that if the interim payment is not recovered into the Consolidated Revenue Fund or charged to an appropriation by the closing of the books of the government for the relevant fiscal year, the interim payment is to be deducted from the ministry’s appropriations for the following fiscal year.

New section 16.0.1 of the Act replaces the rules in section 16 for fiscal years commencing on or after April 1, 2003. The section provides that where an expenditure or liability has been charged to an appropriation for a fiscal year, a refund or repayment of the expenditure or a reduction in the liability is to be credited to the appropriation if it is received or becomes receivable in a known amount before the books of the government for the fiscal year are closed. If the refund or repayment or reduction becomes receivable in a known amount after the books of the government are closed, it is to be credited to revenue unless the Minister of Finance notifies the Treasury Board that all or part of it is to be credited to an appropriation for the same or a similar purpose for the fiscal year in which it becomes receivable in a known amount.

Section 16.2 of the Act is amended to limit its application to fiscal years commencing before April 1, 2003. Effective April 1, 2003, the Crown will change its accounting policies in order to recognize capital assets and non-cash expenses.

Section 28 of the Act is amended to clarify the consequences of a failure to obtain an approval required under the section and to permit the Minister of Finance to attach terms and conditions to any approval given under that section.

Section 38 of the Act is amended by adding a new clause (c.1.1) to permit non-cash expenses and classes of non-cash expenses to be prescribed, in order to obtain the benefit of the statutory appropriation under subsection 11.1 (2) of the Act. Clause 38 (c.2) of the Act is repealed, effective April 1, 2003, as it becomes redundant for fiscal years commencing on or after April 1, 2003.

schedule c
amendments to the
fuel tax act

The enactment of subsection 2 (3.1) of the Fuel Tax Act provides an exception to the general requirement to pay fuel tax if the type of fuel placed in the tank of a licensed motor vehicle is biodiesel.

schedule D
amendments to the Ministry of
Treasury and Economics act

Section 10 of the Ministry of Treasury and Economics Act is amended to permit the Treasurer to withhold payments out of the Consolidated Revenue Fund whether or not the payments are made by cheque.

Section 12 of the Act is amended to limit its application to fiscal years commencing before April 1, 2003. It will be redundant on the proposed enactment of section 11.6 of the Financial Administration Act.

Section 13 of the Act is amended for fiscal years commencing on or after April 1, 2003 to,

(a) clarify what constitutes the Public Accounts;

(b) impose more stringent deadlines for the submission and tabling of the Public Accounts and supplementary financial information;

(d) ensure that non-disclosure agreements do not prevent the Treasurer from including any information in the Public Accounts or in the supplementary financial information in order to comply with the accounting policies of the Government of Ontario; and

(e) permit the Treasurer to determine when the books of the Government of Ontario for a fiscal year are closed.

Section 14 of the Act is revised to reflect the replacement of the Committee of Supply with the Standing Committee on Estimates and to replace the reference to “payment” to a reference to “incurring” expenditures.

schedule e
ontario college of
art & Design act, 2002

Schedule E of the Bill would revise The Ontario College of Art Act, 1968-69 to, among other things, give the College the authority to grant degrees, change the name of the Ontario College of Art to the Ontario College of Art & Design, make changes in the composition of its board and make other administrative changes.

schedule f
Ontario colleges of applied arts
and technology act, 2002

Schedule F of the Bill contains a new Act entitled the Ontario Colleges of Applied Arts and Technology Act, 2002. The purpose of that Act is to continue the power formerly contained in section 5 of the Ministry of Training, Colleges and Universities Act to allow the establishment and governance of colleges of applied arts and technology. The colleges and the board of governors for each college are established by regulation. Each college is a Crown agent.

schedule g
amendments to the
ontario educational
communications authority act

The purpose of the amendments to the Ontario Educational Communications Authority Act, as set out in Schedule G of the Bill, is to enable the Ontario Educational Communications Authority to operate distance education programs with the authority to grant credits and award diplomas and certificates.

schedule h
province of ontario savings office privatization act, 2002

The Bill repeals the Province of Ontario Savings Office Act and enacts Schedule H which contains a new Act entitled the Province of Ontario Savings Office Privatization Act, 2002.

The new Act authorizes the Minister of Finance to enter into agreements transferring the deposits maintained with the Province of Ontario Savings Office, together with other rights, obligations, assets and liabilities used in connection with the Province of Ontario Savings Office. Deposits transferred may include demand deposits, term deposits and Ontario Home Ownership Savings Plans. Provision is also made for the transfer of safety deposit boxes. The Minister is also authorized to enter into agreements for the administration of deposits.

If deposits are transferred pursuant to the Act, the Crown ceases to be liable for the deposits and the transferee becomes liable at that time. In the case of term deposits, the Crown guarantees payment by the transferee to the depositors of the term deposit until maturity. If the transferee should become insolvent, the amount guaranteed by the Crown is reduced by the amount of any monies received by the depositor from Canada Deposit Insurance Corporation or Deposit Insurance Corporation of Ontario.

Credit unions and caisses populaires are given the necessary authority to be transferees of deposits in connection with a transfer under the new Act.

The new Act authorizes the transfer of the books and records maintained in connection with the operation of the Province of Ontario Savings Office to the transferee to whom deposits are transferred under the Act or the person with whom the Crown has entered into an agreement for the administration of deposits. The Freedom of Information of Protection of Privacy Act will not apply to transferred books and records, records created pursuant to an administration agreement or in respect of transferred safety deposit boxes after the transfer or effective date of agreements authorized by the Act.

schedule I
amendments related to the
province of ontario savings office

Schedule I contains amendments to various Acts to remove references to the Province of Ontario Savings Office.

Schedule J
amendments to the
retail sales tax act

The amendment to section 1 of the Retail Sales Tax Act removes the tobacco tax payable under the Tobacco Tax Act from the definition of “fair value”. New paragraph 6.1 of subsection 7 (1) of the Act creates an exemption for tobacco, so that tobacco taxed under the Tobacco Tax Act will not be subject to retail sales tax.

New paragraph 1.1 of subsection 7 (1) of the Act provides a tax exemption on the purchase of food products that contain a bonus gift that would otherwise be taxable, if the manufacturer of the food product has paid retail sales tax on the manufacturer’s cost of the bonus gift.

New paragraph 67 of subsection 7 (1) of the Act provides a tax exemption on a price of admission, if the paid admission is donated to a registered charity by the owner or operator of the place of amusement.

New paragraph 68 of subsection 7 (1) of the Act provides a tax exemption on the purchase of ready-mix concrete used in the construction of a structure to be used by a manufacturer directly in the manufacture or production of tangible personal property, but only on terms and conditions to be prescribed by regulation.

schedule k
skydome Act
(Bus parking), 2002

Schedule K of the Bill contains a new Act entitled the SkyDome Act (Bus Parking), 2002. The purpose of the Act is to deem the provision of 50 parking spaces for charter buses for the SkyDome to satisfy fully the requirements in City of Toronto By-law No. 1994-0806 that relate to parking for charter buses at the SkyDome.

schedule L
Amendment to the
Taxpayer protection act, 1999

The amendment to section 2 of the Taxpayer Protection Act, 1999 permits the introduction of a bill in 2002 that includes a provision to defer a future tax decrease under the Corporations Tax Act, the Income Tax Act or both of those Acts for up to one year.

Schedule m
amendments to the
tobacco tax act

The amendments to the Tobacco Tax Act increase the rate of tax payable on every cigarette and every gram or part gram of tobacco to 67 per cent of the taxable price per cigarette. The tax payable on these items will be adjusted to parallel any increases and decreases in the federal excise and duty on cigarettes.

The transitional rule is revised to set a new transitional tax rate of 6.85 cents for every cigarette and every gram or part gram of tobacco.

The rate used to calculate the tobacco tax on cigars is increased to 56.6 per cent of the taxable price of a cigar.

schedule n
Amendments to the
treasury board act, 1991

Section 7 of the Treasury Board Act, 1991 is amended to limit its application to fiscal years commencing before April 1, 2003.

New section 7.1 of the Act is enacted to replace the rules in section 7 for fiscal years commencing on or after April 1, 2003. The section refers to “expenditures” instead of “payments” to include non-cash expenses and provides rules relating to the effect of special warrants where no appropriation exists or where an appropriation exists, but it is insufficient.

New section 8.1 of the Act is enacted to replace the rules in section 8 for fiscal years commencing on or after April 1, 2003. The section refers to “expenditures” instead of “payments” in order to include non-cash expenses and permits Treasury Board orders to be made for a fiscal year at any time before the books of the government for that fiscal year are closed.

Schedule o
university of ontario institute of technology act, 2002

Schedule O of the Bill contains a new Act entitled the University of Ontario Institute of Technology Act, 2002. The purpose of that Act is to establish the University of Ontario Institute of Technology whose objects are set out in section 4 of Schedule O.

schedule p
amendments related to
post-secondary education

Schedule P changes the name of the Private Vocational Schools Act to the Private Career Colleges Act and the name of Ryerson Polytechnic University to Ryerson University. Other amendments set out in this Schedule are related or consequential to the other changes made under this Act relating to post-secondary education.

Français

Chapter 8

An Act to implement the measures
contained in the 2002 Ontario Budget
and to implement other initiatives
of the Government of Ontario

Assented to June 27, 2002

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

Education Act amended

1. Schedule A to this Act is hereby enacted.

Financial Administration Act amended

2. Schedule B to this Act is hereby enacted.

Fuel Tax Act amended

3. Schedule C to this Act is hereby enacted.

Ministry of Treasury and Economics Act amended

4. Schedule D to this Act is hereby enacted.

Ontario College of Art & Design Act, 2002 enacted

5. The Ontario College of Art & Design Act, 2002, as set out in Schedule E to this Act, is hereby enacted.

Ontario Colleges of Applied Arts and Technology Act, 2002
enacted

6. The Ontario Colleges of Applied Arts and Technology Act, 2002, as set out in Schedule F to this Act, is hereby enacted.

Ontario Educational Communications Authority Act
amended

7. Schedule G to this Act is hereby enacted.

Province of Ontario Savings Office Privatization Act, 2002
enacted

8. The Province of Ontario Savings Office Privatization Act, 2002, as set out in Schedule H to this Act, is hereby enacted.

Province of Ontario Savings Office Act repealed

9. The Province of Ontario Savings Office Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 72 and 1997, chapter 43, Schedule F, section 10, is repealed.

Consequential amendments, Province of Ontario Savings Office

10. Schedule I to this Act is hereby enacted.

Retail Sales Tax Act amended

11. Schedule J to this Act is hereby enacted.

SkyDome Act (Bus Parking), 2002 enacted

12. The SkyDome Act (Bus Parking), 2002, as set out in Schedule K to this Act, is hereby enacted.

Taxpayer Protection Act, 1999 amended

13. Schedule L to this Act is hereby enacted.

Tobacco Tax Act amended

14. Schedule M to this Act is hereby enacted.

Treasury Board Act, 1991 amended

15. Schedule N to this Act is hereby enacted.

University of Ontario Institute of Technology Act, 2002
enacted

16. The University of Ontario Institute of Technology Act, 2002, as set out in Schedule O to this Act, is hereby enacted.

Consequential amendments, post-secondary education

17. Schedule P to this Act is hereby enacted.

Commencement

18. (1) Subject to subsections (2), (3) and (4), this Act comes into force on the day it receives Royal Assent.

Same

(2) Schedules A, B, C, D, G, I, J, L, M, N and P to this Act come into force as provided in the commencement section at the end of each Schedule.

Same

(3) Each Act set out in Schedules E, F, H, K and O to this Act comes into force as provided in the commencement section near the end of the Schedule.

Same

(4) Section 9 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(5) Any proclamation relating to the repeal of the Province of Ontario Savings Office Act may apply to the whole or any part, section or subsection of that Act, and proclamations may be issued at different times with respect to any part, section or subsection of that Act.

Same

(6) If a Schedule provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

19. The short title of this Act is the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002.

schedule A
amendments to the education act

1. Subsection 257.2.1 (3) of the Education Act, as enacted by the Statutes of Ontario, 1998, chapter 3, section 34 and amended by 1998, chapter 33, section 40 and 2000, chapter 25, section 45, is amended by striking out “subsection (1)” in the portion before paragraph 1 and substituting “subsections (1) and (1.1)”.

2. (1) Clause 257.14 (1) (i) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 33, section 45, is repealed and the following substituted:

(i) providing, despite any provision of this Act, the Municipal Act or the Provincial Land Tax Act, that boards and municipalities may, in a year, levy or collect rates for 1998, 1999, 2000 or 2001 in respect of property in territory without municipal organization, subject to conditions set out in the regulation.

(2) Section 257.14 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113 and amended by 1998, chapter 3, section 34 and 1998, chapter 33, section 45, is amended by adding the following subsection:

Retroactive

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

Commencement

3. (1) Subject to subsection (2), this Schedule comes into force on the day the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal Assent.

Same

(2) Section 2 shall be deemed to have come into force on January 1, 1998.

schedule b
amendments to the financial administration act

1. (1) The definition of “appropriation” in section 1 of the Financial Administration Act is repealed and the following substituted:

“appropriation” means an authority to pay money out of the Consolidated Revenue Fund or to incur a non-cash expense; (“affectation de crédits”)

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 62, is amended by adding the following definitions:

“expenditure” means a payment of money out of the Consolidated Revenue Fund or the incurring by the Crown of a non-cash expense; (“dépense”)

“non-cash expense” has the meaning prescribed by the regulations made under this Act; (“frais hors caisse”)

“statutory appropriation” means an amount authorized to be paid out of the Consolidated Revenue Fund or to be incurred as a non-cash expense by the Crown pursuant to a provision of this or another Act of the Legislature that describes the amount as payable or capable of being incurred without any legislative authority other than the provision of that Act. (“crédit législatif”)

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

Appropriation required

11.1 (1) No money shall be paid out of the Consolidated Revenue Fund and no non-cash expense shall be incurred by the Crown unless authorized by this or another Act of the Legislature.

Interim supply

(2) Nothing in this Act prohibits the payment of money out of the Consolidated Revenue Fund under the authority of a resolution passed by the Assembly granting interim supply.

Authority to incur prescribed non-cash expenses

(3) The Crown may incur a non-cash expense that is prescribed by the regulations made under this Act or that falls within a class of non-cash expenses prescribed by the regulations made under this Act.

Application

(4) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

Limits on charges to appropriations

11.2 (1) No appropriation shall be charged with an amount,

(a) that is for a purpose other than that for which the appropriation was provided; or

(b) that is in excess of the amount available under the appropriation.

Application

(2) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

Expenses limited to appropriations

11.3 (1) No agreement or undertaking shall be entered into in a fiscal year that would result in a charge to an appropriation for that fiscal year in excess of the amount available under that appropriation.

Agreements subject to appropriations

(2) Every agreement providing for the payment of money by the Crown is deemed to contain a provision stating that the payment by the Crown of moneys that come due under the agreement shall be subject to,

(a) an appropriation to which that payment can be charged being available in the fiscal year in which the payment becomes due; or

(b) the payment having been charged to an appropriation for a previous fiscal year.

Application

(3) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

Certificate for payments

11.4 (1) No payment shall be made out of the Consolidated Revenue Fund unless, in addition to any other voucher or certificate that may be required, a person referred to in subsection (2) certifies,

(a) in the case of a payment for the supply of goods or the rendering of services after the goods are delivered or the services are rendered, that the goods have been supplied or the services have been rendered and that,

(i) the payment is in accordance with the agreement, or

(ii) the amount of the payment is reasonable, if the amount of the payment is not specified in the agreement;

(b) in the case of a payment for the supply of goods or the rendering of services before the delivery of the goods or the supply of the services, that the payment is in accordance with the agreement; or

(c) in the case of a payment not described in clause (a) or (b), that the payee is eligible for or entitled to the payment.

Persons authorized to certify payments

(2) Only the following persons have authority to give a certificate under subsection (1):

1. A minister or deputy minister.

2. The Speaker of the Assembly.

3. The Provincial Auditor.

4. The Chief Election Officer.

5. A person authorized by the Management Board of Cabinet.

6. A person authorized by a person referred to in any of paragraphs 1 to 5.

Application

(3) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

Authorized investments

11.5 (1) Except as otherwise expressly provided in an Act of the Legislature, an appropriation for a fiscal year does not include the authority to make a loan, advance or other form of investment.

Treasury Board may authorize investments

(2) Despite subsection (1), on the recommendation of the Minister of Finance, the Treasury Board may authorize a payment pursuant to an appropriation to be made in the form of a loan, advance or other form of investment on such terms and conditions as the Treasury Board considers advisable.

Application

(3) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

Estimates

11.6 (1) All estimates submitted to the Legislature in respect of a fiscal year shall,

(a) be for expenditures to be incurred during the fiscal year that are required to be voted on by the Legislature; and

(b) include the amount of expenditures to be incurred during the fiscal year under statutory appropriations and such other information as the Treasury Board considers appropriate.

Lapse of appropriations

(2) The balance of an appropriation granted for a fiscal year that remains unexpended when the books of the Government of Ontario for that fiscal year are closed shall lapse.

Accrual of liabilities

(3) Despite section 11.2 and subsection (2), a liability that was incurred during a fiscal year but was not paid by the end of the fiscal year may be recorded as an expenditure and charged against an appropriation for the fiscal year if,

(a) the liability was incurred for a purpose authorized by the appropriation;

(b) the liability was less than or equal to the amount available under the appropriation at the time the liability was incurred; and

(c) a statement of account for the liability is received by the Minister of Finance before the books of the Government of Ontario for the fiscal year are closed.

Payment of accrued liabilities

(4) A liability described in subsection (3) may be paid out of the Consolidated Revenue Fund.

Reporting

(5) The part, if any, of a payment made under subsection (4) that exceeds the amount available under the appropriation referred to in subsection (3) shall be reported in the Public Accounts for the fiscal year in which the liability was incurred.

Late accounts

(6) A liability incurred in a fiscal year that is not paid or accrued under subsection (3) during the fiscal year, but that satisfies the requirements of subsection (7),

(a) may be paid out of the Consolidated Revenue Fund;

(b) may be recorded, despite section 11.2 and subsection (2) and subject to subsection (8), as a charge against,

(i) an appropriation for the fiscal year in which the payment is made that authorizes expenditures for the same purpose or for a purpose determined by the Minister of Finance to be similar, or

(ii) such appropriation for the fiscal year in which the payment is made as the Minister of Finance directs, if the Minister determines that there is no appropriation that satisfies the requirements of subclause (i); and

Same

(7) For the purposes of subsection (6), the liability must satisfy the following requirements:

1. The liability must be incurred for a purpose authorized by an appropriation for the fiscal year in which it is incurred.

2. The liability must be less than or equal to the amount available under the appropriation referred to in paragraph 1 at the time the liability is incurred.

Notice to Treasury Board

(8) A liability may be recorded in accordance with clause (6) (b) only if the Minister of Finance notifies the Treasury Board and specifies in the notice the appropriation against which the liability is charged.

Appropriation deemed to include purpose

(9) If a liability is recorded as a charge against an appropriation under clause (6) (b), the appropriation is deemed to include the purpose for which the liability was incurred.

Application

(10) This section applies only in respect of a fiscal year commencing on or after April 1, 2003.

3. Section 14 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 62, is amended by adding the following subsection:

Application

(3) This section applies only in respect of fiscal years commencing before April 1, 2003.

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

Advances

14.1 (1) On the application of a minister, the Minister of Finance may authorize an advance out of the Consolidated Revenue Fund for the purpose of incurring expenditures authorized by an appropriation, if it is impracticable to incur such expenditures in accordance with section 11.

Accountability for advance

(2) A minister who receives an advance under subsection (1) is accountable to the Minister of Finance for the amount of the advance.

Duty to repay or account for advance

(3) If the Minister of Finance does not receive an accounting or repayment of an advance made under subsection (1) by the end of the fiscal year in which the advance is made, the advance shall be repaid or accounted for before the books of the Government of Ontario for that fiscal year are closed.

Application

(4) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

5. Section 15 of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 55, section 6 and amended by 1994, chapter 17, section 62, is amended by adding the following subsection:

Application

(3) This section applies only in respect of fiscal years commencing before April 1, 2003.

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

Interim payments, fiscal years commencing
on or after April 1, 2003

15.1 (1) The Treasury Board, on the application of a ministry, may authorize the Minister of Finance to make interim payments from the Consolidated Revenue Fund to the ministry for goods or services to be paid for by the ministry if, through the sale or provision by the ministry of the goods or services in respect of which the interim payment is made, the cost of the goods or services,

(a) is to be recovered or become recoverable into the Consolidated Revenue Fund in the fiscal year in which the interim payment is made; or

(b) is to be charged or become chargeable to an appropriation for the fiscal year in which the interim payment is made.

Insufficient recovery

(2) Any part of an interim payment that is not recovered into the Consolidated Revenue Fund and is not charged to an appropriation by the time the books of the Government of Ontario for the fiscal year in which the interim payment is made are closed shall be repaid to the Consolidated Revenue Fund by the Minister of Finance by means of deducting the unrecovered or uncharged amount from the ministry’s appropriations for the following fiscal year in such manner as the Minister of Finance considers appropriate.

Application

(3) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

7. Section 16 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 62, is amended by adding the following subsection:

Application

(2) Subsection (1) applies only in respect of fiscal years commencing before April 1, 2003.

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

Refund or repayment of expenditure or advance

16.0.1 (1) If a refund or repayment of an expenditure or advance charged to an appropriation or a reduction of a liability charged to an appropriation is received or has become receivable in a known amount before the books of the Government of Ontario for the fiscal year in which the expenditure, advance or liability was incurred are closed, the refund, repayment or reduction shall be credited to the appropriation against which it was charged.

Same

(2) The following rules apply if a refund or repayment of an expenditure or advance charged to an appropriation or a reduction of a liability charged to an appropriation does not become receivable in a known amount until after the books of the Government of Ontario are closed for the fiscal year in which the expenditure, advance or liability is incurred:

1. If the Minister of Finance notifies the Treasury Board, all or part of the refund, repayment or reduction, as specified in the notice, shall be credited to an appropriation,

i. that is for the fiscal year in which the refund, repayment or reduction becomes receivable in a known amount, and

ii. that authorizes expenditures for the same purpose as the expenditure, advance or liability to which the refund, repayment or reduction relates or for a purpose determined by the Minister of Finance to be similar.

2. Any part of the refund, repayment or reduction that is not credited to an appropriation under paragraph 1 shall be credited to the revenue of the fiscal year in which the refund, repayment or reduction becomes receivable in a known amount.

Application

(3) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

9. Section 16.2 of the Act, as enacted by the Statutes of Ontario, 1991, chapter 55, section 7 and amended by 1994, chapter 17, section 62, is amended by adding the following subsection:

Not applicable after 2002-2003 fiscal year

(3.1) This section does not apply to a fiscal year that commences on or after April 1, 2003.

10. Subsection 16.5 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 29, section 3, is repealed.

11. Section 28 of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 55, section 13 and amended by 1994, chapter 17, section 62, is amended by adding the following subsections:

Liability not binding or enforceable without approval,
unless exempted

(2) A financial arrangement, financial commitment, guarantee, indemnity or similar transaction that a ministry purports to enter into contrary to subsection (1) on or after the date this subsection comes into force is not binding on or enforceable against the ministry, unless the Minister of Finance exempts it in writing from the application of this subsection.

Approvals and exemptions may be subject to terms and conditions

(3) The Minister of Finance may make written approvals under subsection (1) and written exemptions under subsection (2), subject to such terms and conditions as the Minister of Finance considers advisable.

12. Clause 38 (c.2) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 55, section 14, is repealed and the following substituted:

(c.2) defining “non-cash expense” and prescribing non-cash expenses and classes of non-cash expenses for the purposes of subsection 11.1 (3);

Commencement

13. (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal Assent.

Same

(2) Sections 11 and 12 come into force on April 1, 2003.

Same

(3) Section 10 comes into force on a day to be named by proclamation of the Lieutenant Governor.

schedule c
amendments to the fuel tax act

1. Subsection 1 (1) of the Fuel Tax Act, as amended by the Statutes of Ontario, 1991, chapter 49, section 1, 1994, chapter 18, section 2, 1996, chapter 10, section 1, 1998, chapter 30, section 1 and 2001, chapter 23, section 89, is amended by adding the following definition:

“biodiesel” has the meaning prescribed by the Minister; (“biodiesel”)

2. Section 2 of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 49, section 2 and amended by 1994, chapter 18, section 2 and 1998, chapter 30, section 2, is amended by adding the following subsection:

Exception for biodiesel used as clear fuel

(3.1) Subsection (3) does not apply to biodiesel that is placed in the fuel tank of a motor vehicle to which a number plate is attached as required by the Highway Traffic Act.

Commencement

3. This Schedule shall be deemed to have come into force on June 18, 2002.

schedule d
amendments to the Ministry of Treasury and economics act

1. Section 10 of the Ministry of Treasury and Economics Act is repealed and the following substituted:

Payment may be withheld

10. (1) The Treasurer may withhold a payment out of the Consolidated Revenue Fund if the Treasurer has reason to believe that there is no authority for the payment.

Reference to Management Board of Cabinet

(2) If a payment is withheld under subsection (1), the Treasurer or the minister responsible may refer the matter to the Management Board of Cabinet for determination.

2. Section 12 of the Act is amended by adding the following subsection:

Application

(4) This section applies only in respect of fiscal years commencing before April 1, 2003.

3. Section 13 of the Act is repealed and the following substituted:

Preparation of Public Accounts, before April 1, 2003

13. (1) The Public Accounts for each fiscal year ending before April 1, 2003 shall be prepared under the direction of the Treasurer and shall be delivered to the Lieutenant Governor in Council and laid before the Assembly not later than the tenth day of the first session held in the following calendar year.

Same, after 2002-2003 fiscal year

(2) The Public Accounts for each fiscal year commencing on or after April 1, 2003 shall be prepared under the direction of the Treasurer and shall include,

(a) the annual report of the Government of Ontario for the fiscal year;

(b) the summary financial statements of the Government of Ontario for the fiscal year;

(d) any other information that is required by another Act of the Legislature or that the Treasurer considers necessary.

Public Accounts to be submitted and laid before the Assembly

(3) Except in extraordinary circumstances, the Treasurer shall submit the Public Accounts for each fiscal year commencing on or after April 1, 2003 to the Lieutenant Governor in Council on or before the 180th day after the end of the fiscal year and the Lieutenant Governor in Council shall,

(a) lay the Public Accounts before the Assembly, if the Assembly is in session when the Public Accounts are ready to be laid before the Assembly; or

(b) make the Public Accounts public, if the Assembly is not in session when the Public Accounts are ready to be laid before the Assembly, and lay the Public Accounts before the Assembly on or before the tenth day of the next session.

Supplementary financial information

(4) Except in extraordinary circumstances, the Treasurer may submit to the Lieutenant Governor in Council, on or before the 240th day after the end of a fiscal year commencing on or after April 1, 2003, any financial information supplementary to the Public Accounts for the fiscal year and the Lieutenant Governor in Council shall lay the information before the Assembly if it is in session or on or before the tenth day of the next session if the Assembly is not in session.

Treasurer may make adjustments after end of fiscal year

(5) Despite any provision of this or another Act of the Legislature, the Treasurer may, after the end of a fiscal year commencing on or after April 1, 2003, make any adjustments to the Public Accounts for the fiscal year that in his or her opinion are necessary to reflect fairly the financial position of the Government of Ontario.

Disclosure in Public Accounts not breach of any agreement

(6) A disclosure of information in the Public Accounts, or in any financial information supplemental to the Public Accounts, that is made in accordance with the accounting policies of the Government of Ontario, as set out in the Public Accounts, shall be deemed not to contravene the provisions of any agreement made before or after this subsection comes into force that purports to restrict or prohibit the disclosure of information.

Closing books for fiscal year

(7) The Treasurer may determine when the books of the Government of Ontario for a fiscal year are closed.

4. Section 14 of the Act is repealed and the following substituted:

Expenditures authorized by Assembly

14. Despite any provision of this Act, if the Assembly has concurred in a report of the Standing Committee on Estimates recommending the passing of estimates, the Lieutenant Governor in Council may authorize the incurring of any items of expenditure for which the concurrence was given.

Commencement

5. This Schedule comes into force on the day the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal Assent.

SCHEDULE E
ONTARIO COLLEGE OF ART & DESIGN ACT, 2002

Definitions

1. In this Act,

“board” means the board of governors of the College; (“conseil”)

“College” means the Ontario College of Art & Design. (“École”)

Continuation of corporation

2. (1) The Ontario College of Art is continued as a corporation without share capital under the name Ontario College of Art & Design in English and École d’art et de design de l’Ontario in French and shall consist of the members of its board.

Conflicts

(2) In the event of a conflict between a provision of this Act and a provision of the Corporations Act, the provision of this Act prevails.

Objects

3. The objects of the College are to provide the opportunity and environment for advanced, studio-based education in art and design at the undergraduate and graduate levels and to support teaching, research and professional practice in these fields.

Powers

4. (1) The College has all the powers necessary and incidental to its objects.

Degrees, diplomas

(2) The College may grant,

(a) the diploma of Associate of the Ontario College of Art & Design;

(b) the baccalaureate degrees of Bachelor of Fine Arts and Bachelor of Design; and

Certificates, honorary degrees

(3) The College may grant certificates and confer any or all honorary degrees, consistent with its objects.

Affiliation

(4) The College may affiliate or federate with other universities, colleges and institutions of learning, on such terms and for such periods of time as the board may determine.

Board of governors

5. (1) There shall be a board of the College, consisting of,

(a) the president of the College, by virtue of office;

(b) six members, appointed by the Lieutenant Governor in Council, who are neither students nor employees of the College; and

(c) such other members as may be set out in the by-laws of the College so long as at least a majority of the members of the board are persons who are neither students nor employees of the College.

By-law respecting elections

(2) The board shall by by-law determine the manner and procedure for the election of members described in clause (1) (c) and eligibility requirements for election to the board.

Term

(3) The term of office for each member of the board, other than the president, shall be not more than three years, as determined by by-law, and each member is eligible for reappointment or re-election.

Limitation

(4) A person may not be a member of the board for more than six consecutive years, but is eligible for reappointment or re-election after one year’s absence from the board.

Vacancies

(5) A vacancy on the board occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the board;

(b) a member is incapable of continuing to act as a member and the board by resolution declares the membership to be vacated;

(c) the board by resolution declares a membership to be vacated for failure to attend sufficient meetings, as provided in the by-laws of the College; or

(d) a majority of the persons entitled under the by-laws of the College to vote for the election of a member vote or sign a petition in favour of removing the member from office.

Same

(6) If a vacancy on the board occurs before the term of office for which a member has been appointed or elected has expired, the vacancy shall be filled in a timely fashion, as provided in the by-laws, in the same manner and by the same body as the member whose membership is vacant was appointed or elected and the new member shall hold office for the remainder of the unexpired portion of the term of the member he or she is replacing.

Quorum

(7) A quorum of the board consists of a majority of its members and that majority must include,

(a) at least half of the members who are students or employees of the College; and

(b) at least half of the members who are not students or employees of the College.

Chair, vice-chair

(8) The board shall annually elect a chair and vice-chair from among its members who are not students or employees of the College and shall fill any vacancy in the office of chair or vice-chair from among such members.

Duties

(9) The chair shall preside over the meetings of the board and, if the chair is unable to act or if the position is vacant, the vice-chair shall act in his or her place and, if both the chair and vice-chair are unable to act, the board may appoint a member who is not a student or employee of the College to act temporarily in their place.

Powers and duties of board

6. (1) The board is responsible for governing and managing the affairs of the College and has the necessary powers to do so, including the power,

(a) to establish academic policies and control the manner in which they are implemented;

(b) to appoint and remove the president;

(c) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided in the by-laws of the College, including authorizing them to act on behalf of the board in the matters specified in the by-law;

(d) to establish advisory bodies;

(e) to establish administrative and operational policies and procedures, including organizational structures, staffing requirements, qualifications and duties of staff and conditions of employment;

(f) to establish and collect fees and charges for tuition and other services that may be offered by the College or that may be approved by the board on behalf of any organization or group of the College;

(g) to regulate the conduct of students, staff and all persons who use the property of the College, including denying any person access to the property;

(h) to define, for the purposes of this Act and the by-laws, the following terms: student, staff, employee, manager, teaching faculty and academic staff;

(i) to conclusively determine which body within the College has jurisdiction over any matter;

(j) to consider, co-ordinate and implement long-range administrative and operational plans, including the physical development of the College;

(k) to determine the manner and procedure for electing members described in clause 5 (1) (c) to the board, including establishing constituencies and voting practices; and

(l) to make by-laws, resolutions and rules for the conduct of its affairs.

Standard of conduct

(2) Every member of the board shall exercise the powers and carry out the duties of his or her office diligently, honestly, in good faith, in the best interests of the College and in accordance with any other criteria set out in the by-laws of the College.

Conflict of interest

(3) A member of the board or of a committee created by it who has a conflict of interest, as defined in the by-laws or conflict of interest guidelines of the College, as the case may be, in a matter in which the College is concerned shall declare his or her interest as soon as possible and no later than at the first meeting at which the matter is to be considered and, if required by the by-laws or guidelines, shall withdraw from the meeting during the discussion of the matter and shall not vote on the matter.

Exception, employee

(4) Despite subsection (3), a member of the board who is also an employee of the College may take part in discussing and voting on issues concerning general conditions of employment for College employees, unless the discussion and voting deals with the circumstances of the particular employee as an isolated issue, separate and apart from consideration of other employees.

Exception, student

(5) Despite subsection (3), a member of the board who is also a student may take part in discussing and voting on issues concerning students generally, unless such discussion and voting deals with the circumstances of the particular student as an isolated issue, separate and apart from consideration of other students.

Academic council

7. (1) There shall be an academic council of the College consisting of such voting and non-voting members as may be provided for in the by-laws of the College so long as a majority of the voting members are members of the teaching faculty of the College.

Changes

(2) Changes in the composition of the academic council may be made by the board on the recommendation of the academic council, as provided in the by-laws of the College, except no change may be made which would reduce the number of teaching faculty members on the academic council to less than a majority of the voting members of the academic council.

Quorum

(3) A quorum of the academic council consists of a majority of the voting members and that majority must include at least half of the members who are members of the teaching faculty.

Duties

(4) The academic council shall make recommendations to the board with respect to the establishment of academic standards and curricular policies and procedures of the College and the regulation of such standards, policies and procedures, including,

(a) academic organizational structures and programs of study within the College;

(b) the qualifications, appointment, duties, responsibilities, promotion, status, granting of leaves and termination of teaching faculty and academic staff;

(d) student admission standards, the requirements for graduation and the granting of degrees, honorary degrees, diplomas and certificates;

(e) the allocation or use of College resources for academic purposes;

(f) consideration and co-ordination of long-range academic and curricular planning; and

(g) such other matters relating to academic issues as may be assigned to it by the College.

Action of the board

(5) The board shall approve each such recommendation, refer the matter back to the academic council for further consideration or reject the recommendation if the board believes that it would impair the financial stability of the College or because it is inconsistent with the objects of the College.

President

8. (1) There shall be a president of the College appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2) The president is the chief executive officer of the College and has supervision over and direction of the academic and general administration of the College, its students, managers, teaching faculty and academic staff and other employees, and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Vice-president

(3) The board may, on the recommendation of the president, appoint one or more vice-presidents and other managers who shall have such powers and duties as may be conferred on them by the board.

Meetings

9. (1) Subject to subsection (2), meetings of the board and meetings of its permanent committees shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the College.

Exclusion

(2) The board may exclude any person from part of a meeting during which a confidential matter or a matter of a personal nature concerning an individual is being considered.

By-laws

10. (1) The by-laws of the College shall be open to examination by members of the public during normal business hours.

Publication

(2) The College shall publish its by-laws in such manner and at such time as it considers proper.

Property

11. (1) The College may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the College, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Vesting

(2) All property granted, conveyed, devised or bequeathed to the Ontario College of Art or to the Council of the Ontario College of Art, before or after this Act comes into force, and all property held in trust by the Ontario College of Art or by the Council of the Ontario College of Art, before or after this Act comes into force, is vested in the College, subject to any trusts or conditions affecting the property.

Exemption from taxation

(3) Land vested in the College and land and premises leased to and occupied by the College are exempt from provincial and municipal taxes and development charges, so long as the vested land or leased land and premises are actually used and occupied for the objects of the College.

Protection from expropriation

(4) Land vested in the College is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this Act comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Deemed vesting in Crown

(5) All property vested in the College shall be deemed to be vested in the Crown for the public uses of Ontario for the purposes of,

(a) the Limitations Act; or

(b) if section 26 of Bill 10 (An Act to revise the Limitations Act, introduced on April 25, 2001), as numbered in the first reading version of the Bill, comes into force, the Real Property Limitations Act.

Use of property

(6) The property and the revenue of the College shall be applied solely to achieving the objects of the College.

Non-application

(7) Section 8 of the Charities Accounting Act does not apply to the College.

Investments

(8) The funds of the College not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust monies belonging to various trusts in the care of the board into a common trust fund.

Borrowing

(9) The College, if authorized by its by-laws, may, on such terms and in such amounts as the board may approve,

(a) borrow money and give security on money borrowed; and

(b) issue or give bonds, debentures and obligations as security.

Audits and reports

12. (1) The board shall appoint one or more public accountants licensed under the Public Accountancy Act to audit the accounts, trust funds and transactions of the College at least once a year.

Financial report

(2) The College shall make a financial report annually to the Minister of Training, Colleges and Universities in such form and containing such information as the Minister may require.

Other reports

(3) The College shall submit to the Minister of Training, Colleges and Universities all other reports as the Minister may require.

Transition

13. (1) The College shall grant to all its students and former students full recognition for all credits and marks awarded by the Ontario College of Art before the coming into force of this Act.

Continuation

(2) The Council of the Ontario College of Art, as it exists immediately before the coming into force of this Act, is continued as the board of governors of the College for the purpose of,

(a) appointing and conducting the election of members of the board as provided in this Act; and

(b) carrying out all the functions of the board as provided in this Act until the board is constituted under this Act.

Rotating membership

(3) The term of office of the members of the first board appointed or elected after the coming into force of this Act shall be one year, two years or three years, as determined by the board continued under subsection (2).

By-laws, etc., continued

(4) The by-laws, resolutions, orders and rules made by the Ontario College of Art shall, insofar as they are not inconsistent with this Act and are capable of being applied, implemented or complied with by the College, shall remain in force until remade, amended or repealed under this Act.

Repeal

14. The Ontario College of Art Act, 1968-69 is repealed.

Commencement

15. The Act set out in this Schedule comes into force on the day the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal Assent.

Short title

16. The short title of the Act set out in this Schedule is the Ontario College of Art & Design Act, 2002.

SCHEDULE F
ONTARIO COLLEGES OF APPLIED ARTS AND TECHNOLOGY ACT, 2002

Definition

1. In this Act,

“Minister” means the Minister of Training, Colleges and Universities or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act.

Colleges

2. (1) Colleges of applied arts and technology may be established by regulation.

Objects

(2) The objects of the colleges are to offer a comprehensive program of career-oriented, post-secondary education and training to assist individuals in finding and keeping employment, to meet the needs of employers and the changing work environment and to support the economic and social development of their local and diverse communities.

Carrying out its objects

(3) In carrying out its objects, a college may undertake a range of education-related and training-related activities, including but not limited to,

(a) entering into partnerships with business, industry and other educational institutions;

(b) offering its courses in the French language where the college is authorized to do so by regulation;

(d) basic skills and literacy training;

(e) apprenticeship in-school training; and

(f) applied research.

Crown agent

(4) A college established under subsection (1) is an agency of the Crown.

Boards of governors

3. (1) There shall be a board of governors for each college established under this Act consisting of such members as may be prescribed by regulation.

Corporation

(2) The board of governors is a non-share corporation.

Policy directives

4. (1) The Minister may issue policy directives in relation to the manner in which colleges carry out their objects or conduct their affairs.

Binding

(2) The policy directives are binding upon the colleges and the colleges to which they apply shall carry out their objects and conduct their affairs in accordance with the policy directives.

General or particular

(3) A policy directive of the Minister may be general or particular in its application.

Intervention

5. (1) The Minister may intervene into the affairs of a college or a subsidiary of a college in such manner and under such conditions as may be prescribed, if the Minister is of the opinion that,

(a) the college is not providing services in accordance with this Act or the regulations or with any other Act that applies to the college;

(b) the college fails to follow a policy directive under section 4; or

Public interest

(2) In determining whether an intervention is in the public interest, the Minister may take into consideration, among other things,

(a) the quality of the management and administration of the college;

(b) the college’s utilization of its financial resources for the management and delivery of core education and training services;

(d) the quality of education and training services provided to students.

Information

6. A college established under this Act shall provide to the Minister any financial or other information that the Minister may request.

Student governing body

7. Nothing in this Act restricts a student governing body of a college elected by the students of the college from carrying on its normal activities and no college shall prevent the student governing body from doing so.

Regulations

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

(a) establishing, naming and governing colleges, including varying or expanding the objects or responsibilities of any college, and prescribing any other matter related to the manner in which a college may carry out its affairs;

(b) providing for the appointment, composition, powers and duties of boards of governors and the removal of any or all members of any board of governors upon such conditions and subject to such processes as may be prescribed, including delegating any of these powers to the council established under clause (g);

(c) limiting the powers that may be exercised by a college under the Corporations Act under such conditions as may be prescribed;

(d) amalgamating or closing colleges and providing for any matters that must be dealt with as a result of the amalgamation or closure;

(e) in respect of an intervention under section 5,

(i) prescribing under what conditions an intervention may be taken,

(ii) prescribing the types of intervention that may be taken, including replacing any or all members of a board,

(iii) delegating to the Minister or an agent of the Minister any powers necessary to carry out the intervention,

(iv) governing procedures that apply in respect of an intervention and requiring colleges to comply with those procedures;

(f) respecting the languages of instruction, including authorizing specified colleges to offer any or all of their programs in the French language and excluding others from doing so;

(g) establishing a council to assume such duties in respect of collective bargaining and human resource matters as may be prescribed under any Act or the regulations and to perform such other duties as may be prescribed and setting out the powers of the council in relation to those duties;

(h) providing for any transitional matter necessary for the effective implementation of this Act or the regulations.

General or specific

(2) A regulation may be general or specific in its application.

Conflict

(3) If there is a conflict between a regulation made under this section and the Corporations Act, the regulation prevails.

Transition

9. Until a council is established under clause 8 (1) (g), the Ontario Council of Regents for Colleges of Applied Arts and Technology established under section 5 of the Ministry of Training, Colleges and Universities Act is continued and has the same powers and duties it had before the repeal of that section.

Repeal

10. Section 5 of the Ministry of Training, Colleges and Universities Act is repealed.

11. Subsection 4 (5) of the Post-secondary Education Choice and Excellence Act, 2000 is amended by striking out “Ministry of Training, Colleges and Universities Act” in the portion before clause (a) and substituting “Ontario Colleges of Applied Arts and Technology Act, 2002”.

12. The definition of “Council” in section 1 of the Colleges Collective Bargaining Act is repealed and the following substituted:

“Council” means the council established under clause 8 (1) (g) of the Ontario Colleges of Applied Arts and Technology Act, 2002; (“Conseil”)

Commencement

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

Short title

14. The short title of the Act set out in this Schedule is the Ontario Colleges of Applied Arts and Technology Act, 2002.

SCHEDULE G
AMENDMENTS TO THE ONTARIO EDUCATIONAL COMMUNICATIONS AUTHORITY ACT

1. (1) Section 1 of the Ontario Educational Communications Authority Act is amended by adding the following definition:

“distance education programs” means programs to provide courses of study through correspondence or other means that do not require the physical attendance by the student at a school and that are prescribed under paragraph 2 of subsection 8 (1) of the Education Act or are approved by the Minister of Education; (“programme d’enseignement à distance”)

(2) The definition of “Minister” in section 1 of the Act is repealed and the following substituted:

2. Section 3 of the Act is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) to establish and administer distance education programs.

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

Distance education programs

16. (1) The Authority may establish distance education programs.

Powers re: programs

(2) In establishing a program under subsection (1), the Authority may,

(a) establish registration procedures and qualifications for registration;

(b) establish standards, administer and establish tests, testing procedures and evaluation procedures, grant credits and award diplomas and certificates for courses that are equivalent to those offered by elementary or secondary schools under the jurisdiction of a board within the meaning of the Education Act; and

(c) subject to subsection (3), charge fees for courses, program materials and other incidental items or services, which fees may vary for different courses, for different materials or services and for any class of students, and waive or reduce those fees under such conditions as may be determined under the program.

Fees for students resident in Ontario

(3) The Authority may not charge fees to students resident in Ontario unless the Authority has entered into an agreement with the Minister of Training, Colleges and Universities and the Minister of Education in respect of fees and the fees charged are consistent with the amounts set out in that agreement.

Agreements, policies and guidelines

(4) The Authority may, with respect to distance education programs,

(a) enter into agreements, including funding agreements, with any person or entity, including any provincial ministry or agency; and

(b) establish policies and guidelines.

Copy to be provided

(5) The Authority shall provide the Minister of Training, Colleges and Universities and the Minister of Education with copies of all policies and guidelines issued in respect of the distance education programs.

Compliance with ministry guidelines

(6) The Ministry of Education may establish policies and guidelines related to distance education programs and the Authority shall establish and operate the programs and develop its policy and guidelines in accordance with the policies and guidelines of the ministry.

Compliance with provision of certain Acts, regulations

(7) The distance education programs shall be operated in compliance with those provisions of the Education Act, the Education Quality and Accountability Office Act, 1996 and other Acts and the regulations made under those Acts as may be prescribed by regulation.

Transfer of records

(8) The Ministry of Education may transfer to the Authority records relating to distance education programs that contain personal information and that the Authority may require to administer the programs.

Agreement

(9) No records containing personal information shall be transferred under subsection (8) unless the Authority, the Minister of Training, Colleges and Universities and the Minister of Education have entered into an agreement respecting access to information and the protection of privacy of personal information.

Privacy of personal information

(10) An agreement made under subsection (9) shall provide a level of access to information and protection of privacy in respect of personal information equivalent to or higher than that provided for under similar programs offered by the Ministry of Education prior to the coming in force of this Act.

Regulations

(11) The Minister of Training, Colleges and Universities, with the approval of the Minister of Education, may make regulations,

(a) prescribing the duties and responsibilities of the Authority in relation to the operation of distance education programs;

(b) respecting distance education programs;

(c) prescribing provisions of the Education Act, the Education Quality and Accountability Office Act, 1996 and other Acts and regulations made under those Acts which shall apply to the courses, students, Authority, instructors, teachers and administrators in the programs with such changes as may be set out in the regulations.

Commencement

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

schedule H
Province of Ontario Savings Office Privatization act, 2002

Definitions

1. In this Act,

“books and records” means books, records and information that are in any form, including printed form, electronic form and film; (“livres et registres”)

“business day” means a day other than Saturday or a holiday; (“jour ouvrable”)

“Crown” means Her Majesty in right of Ontario and includes the Ontario Financing Authority; (“Couronne”)

“demand deposit” means a deposit that is repayable to the depositor on demand or within a specified period of time following demand, and includes any interest that has accrued and has not been paid; (“dépôt à vue”)

“deposit” means money on deposit and includes the assets of a home ownership savings plan; (“dépôt”)

“home ownership savings plan” means an Ontario home ownership savings plan established under the Ontario Home Ownership Savings Plan Act; (“régime d’épargne-logement”)

“maturity date” means, with respect to a term deposit that is transferred by the Crown to a transferee under an agreement authorized by section 2, the date of maturity of the term deposit that is determined, without regard for renewals or rollovers that may occur after the transfer, as of the day the term deposit is transferred; (“date d’échéance”)

“Minister” means the Minister of Finance; (“ministre”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“Province of Ontario Savings Office” means the savings offices and agencies operated by the Ontario Financing Authority under the authority of clause 30 (1) (b) of the Capital Investment Plan Act, 1993; (“Caisse d’épargne de l’Ontario”)

“term deposit” means a deposit that bears interest at a fixed rate and has a fixed term, and includes interest that has accrued and has not been paid; (“dépôt à terme”)

“transferee” means a person with whom the Minister has entered into an agreement for the transfer of any or all deposits maintained at the Province of Ontario Savings Office and includes an assignee of the transferee’s rights and obligations under the agreement if the Minister approves the assignment to the assignee. (“destinataire du transfert”)

Transfer of deposit

2. (1) The Minister may,

(a) enter into one or more agreements for the transfer and payment of one or more deposits maintained at the Province of Ontario Savings Office and recorded in the books and records of the Province of Ontario Savings Office at the time of the transfer, on such terms and conditions and with such transferees as the Minister may determine; and

(b) pay from the Consolidated Revenue Fund to each transferee with whom the Minister has entered into an agreement described in clause (a) such amount or amounts of money as the Minister considers necessary or appropriate to transfer the deposits to the transferee in accordance with the terms and conditions of the agreement.

No consent required

(2) A transfer of a deposit referred to in subsection (1) may be carried out without the consent of the depositor.

Payment by issuing notes, etc.

(3) The Minister may make a payment to a transferee under an agreement referred to in subsection (1) by the issue, from time to time, of notes, bonds or other evidences of indebtedness on such terms and conditions as the Minister may determine, and the principal amount and interest owing under the notes, bonds or other evidences of indebtedness shall be a charge on and payable out of the Consolidated Revenue Fund.

Agreement for administration of deposits

(4) The Minister may enter into an agreement with any person, on such terms and conditions as the Minister considers appropriate, to provide for the administration of deposits maintained at the Province of Ontario Savings Office and may pay all costs, expenses and charges incurred in respect of the administration of deposits out of the Consolidated Revenue Fund.

Payment of deposits not transferred

(5) The Minister may pay out of the Consolidated Revenue Fund any deposit that is not transferred pursuant to an agreement authorized by subsection (1) to the depositor, in accordance with the terms and conditions of the deposit and the regulations.

Transfer of assets and liabilities

3. (1) The Minister may transfer to any person any rights, obligations, assets and liabilities, including agreements and intellectual property, relating to or used in connection with the Province of Ontario Savings Office, or any interest in them, on such terms and conditions as the Minister may determine.

Agreement assignable

(2) An agreement referred to in subsection (1) that does not expressly prohibit assignment by the Minister, the Crown or an agent of the Crown shall be deemed to be assignable by the Minister pursuant to subsection (1) without the consent of any party to the agreement.

Other agreements, etc.

(3) The Minister may enter into such other agreements, execute such documents and instruments, and do such other acts and things as the Minister considers necessary or advisable to effect a transfer or transaction authorized by this Act or otherwise to carry out the spirit and intent of this Act.

Financial Administration Act, s. 28 not applicable

4. Section 28 of the Financial Administration Act does not apply to any transfer or transaction referred to in this Act or to any agreement entered into pursuant to this Act.

Demand deposits

5. The following rules apply if the Minister transfers a demand deposit maintained at the Province of Ontario Savings Office to a transferee pursuant to an agreement authorized by section 2:

1. The Crown shall cease to be liable in respect of the demand deposit as of the end of the day on which the transfer takes place.

2. The transferee shall become liable for the demand deposit as of the end of the day on which the transfer takes place and the demand deposit shall be deemed to be deposited with the transferee as of that time.

3. The transferee may rely on the signing authority and account authorizations relating to the transferred demand deposit, as if they had been provided directly to the transferee, until such time as the depositor and the transferee agree otherwise.

Term deposits

6. (1) The following rules apply if the Minister transfers a term deposit maintained at the Province of Ontario Savings Office to a transferee pursuant to an agreement authorized by section 2:

1. Subject to its obligations as a guarantor under section 8, the Crown shall cease to be liable in respect of the term deposit as of the end of the day on which the transfer takes place.

2. The transferee shall become liable for the term deposit as of the end of the day on which the transfer takes place and the term deposit shall be deemed to be deposited with the transferee as of that time.

3. The terms and conditions and maturity date of the term deposit shall not change as a result of the transfer.

4. The transferee may rely on the signing authority and account authorizations relating to the term deposit as if they had been provided directly to the transferee, until such time as the depositor and the transferee agree otherwise.

5. The transferee shall not exercise any right of set-off or combination with respect to the proceeds of the term deposit at any time before the 31st day after the maturity date or the date of termination of the term deposit.

Exception

(2) Paragraph 5 of subsection (1) does not apply to a term deposit if,

(a) the depositor agrees in writing that the transferee may exercise a right of set-off or combination with respect to the proceeds of the term deposit;

(b) the right of set-off or combination is with respect to a claim that arises after the day the term deposit is transferred to the transferee; or

(c) the principal amount of the term deposit is increased after the term deposit is transferred and the right of set-off or combination relates only to the amount of the increase.

Instructions on maturity

(3) The transferee shall, unless instructed otherwise in writing by a depositor, carry out any instructions for the payment or deposit of the proceeds of the term deposit that were previously given by the depositor to the Province of Ontario Savings Office, but shall not carry out any instructions given previously to the Province of Ontario Savings Office with respect to automatic renewals or rollovers.

Same

(4) No cause of action arises as a direct or indirect result of a transferee complying with subsection (3).

Home ownership savings plans

7. (1) The following applies if the Minister transfers a deposit that constitutes the assets of a home ownership savings plan maintained at a Province of Ontario Savings Office to a transferee pursuant to an agreement authorized by section 2:

1. The assets comprising the home ownership savings plan shall be transferred directly to the transferee as of the end of the day on which the transfer of the home ownership savings plan takes place and the assets shall include all interest accrued to the end of that day.

2. The transfer of assets described in paragraph 1 shall be deemed to be on behalf of and at the direction of the planholder.

3. The transferee shall be deemed to be a replacement depositary within the meaning of the Ontario Home Ownership Savings Plan Act, with the consequences stipulated in section 8 of that Act, as of the end of the day on which the transfer of the assets of the home ownership savings plan takes place.

4. The Crown shall cease to be liable in respect of the home ownership savings plan as of the end of the day on which the transfer takes place.

5. The transferee may rely on the signing authority and account authorizations relating to the home ownership savings plan, as if they had been provided directly to the transferee, until such time as the planholder and the transferee agree otherwise.

No consent required

(2) Despite section 8 of the Ontario Home Ownership Savings Plan Act, a transfer of the assets of a home ownership savings plan described in subsection (1) does not require the consent or direction of the planholder.

Definition

(3) In this section,

“planholder” means, in respect of a home ownership savings plan, the planholder of the home ownership savings plan under the Ontario Home Ownership Savings Plan Act.

Provincial guarantee of term deposits

8. (1) Subject to subsection (3), if a term deposit maintained at the Province of Ontario Savings Office is transferred to a transferee pursuant to an agreement authorized by section 2 and in accordance with the rules in section 6, the Minister, on behalf of the Crown, shall guarantee to the depositor of the term deposit the payment by the transferee, on the earlier of the maturity date or termination date of the term deposit, of an amount equal to the sum of,

(a) the lesser of,

(i) the principal amount of the term deposit that was outstanding as of the end of the day on which the term deposit was transferred, and

(ii) the principal amount of the term deposit that was outstanding as of the end of the day on which the depositor makes a claim under the guarantee; and

(b) all interest on the amount referred to in clause (a) that is accrued and not paid to the end of the day on which the depositor makes the claim under the guarantee, calculated at the rate of interest applicable on the date of the transfer or the rate applicable on the date the claim is made, whichever is lower.

Prerequisites for payment

(2) Despite subsection (1), no claim under the guarantee shall be paid unless,

(a) the depositor has demanded payment from the transferee;

(b) before the depositor makes a claim under the guarantee, the demand referred to in clause (a) remains unpaid for 10 business days after the day the demand is made;

(d) the maturity date of the term deposit has not been extended; and

(e) the depositor satisfies the Minister that the claim is valid.

Winding-up, etc., of transferee

(3) Despite subsection (1), if a transferee is ordered to be wound-up under the Winding-up and Restructuring Act (Canada) or is adjudged bankrupt under the Bankruptcy and Insolvency Act (Canada), the amount guaranteed under this section to the depositor of the term deposit transferred to the transferee is the sum of,

(a) the lesser of,

(i) the principal amount of the term deposit that was outstanding as of the end of the day on which the term deposit was transferred, and

(ii) the principal amount of the term deposit that was outstanding as of the date on which the transferee is ordered to be wound-up or is adjudged bankrupt;

(b) all interest on the amount referred to in clause (a) that is accrued and unpaid to the end of the day on which the depositor makes a claim under the guarantee, calculated at the rate of interest applicable on the date of the transfer or the rate applicable on the date the claim is made, whichever is lower; and

Payment reduced for deposit insurance

(4) The amounts payable by the Crown under this section in respect of a term deposit shall be reduced by all amounts, if any, that are paid or payable to the depositor by the Canada Deposit Insurance Corporation or the Deposit Insurance Corporation of Ontario in respect of the term deposit.

Subrogation

(5) If the Crown makes a payment under this section, the Crown shall be subrogated, to the extent of the amount paid, to all the rights and interests of the depositor and may maintain an action in respect of those rights and interests in the name of the depositor or in the name of the Crown.

Payment by the Crown

(6) Payment by the Crown to a depositor under this section discharges and releases the Crown absolutely from all liability to the depositor in respect of the term deposit, and no further claim may be made by any person against the Crown in respect of the term deposit.

Set-off against transferee

(7) If the Crown makes a payment under this section, the Crown may retain by way of deduction or set-off the amount of the payment from any amount owing by the Crown to the transferee of the term deposit under any agreement authorized by this Act or under any note, bond or other evidence of indebtedness issued by the Minister under this Act.

Safety deposit boxes

9. (1) The Minister may transfer a safety deposit box at the Province of Ontario Savings Office and the contents of the safety deposit box and may assign any agreement between the lessee of the safety deposit box and the Crown to the transferee.

No consent required

(2) A transfer and assignment under subsection (1) may be carried out without the consent of the lessee of the safety deposit box, but has no effect on the ownership of the contents of the safety deposit box.

Notice to lessee

(3) The Ontario Financing Authority shall give the lessee of a safety deposit box not less than 30 days written notice before the transfer of the safety deposit box under subsection (1).

Unclaimed contents of safety deposit boxes

(4) The following rules apply if, before this section comes into force, the rental of a safety deposit box at the Province of Ontario Savings Office was terminated for non-payment of the rental fee:

1. If the contents of the safety deposit box were removed by the Crown more than five years before this section came into force, the Ontario Financing Authority may, without further notice to the lessee of the safety deposit box, dispose of the contents as it sees fit, including by destruction, sale at auction or by private sale, and shall remit the proceeds, if any, to the Consolidated Revenue Fund.

2. If the contents of the safety deposit box were removed by the Crown not more than five years before this section came into force,

i. the Ontario Financing Authority shall send a notice by ordinary mail to the last address of the lessee of the safety deposit box in the books and records, specifying that the contents of the safety deposit box will be disposed of if the lessee fails to pay all outstanding safety deposit box rental fees and related charges and expenses on or before the 30th day after the date specified in the notice, and

ii. the Ontario Financing Authority may dispose of the contents as it sees fit, including by destruction, sale at auction or by private sale, and shall remit the proceeds, if any, to the Consolidated Revenue Fund, if the lessee of the safety deposit box fails to pay the outstanding safety deposit box rental fees and related charges and expenses on or before the 30th day after the date specified in the notice.

Crown not liable

(5) Upon a transfer and assignment referred to in subsection (1) or a disposition of the contents of a safety deposit box and remittance of the proceeds, if any, to the Consolidated Revenue Fund under subsection (4), the Crown shall cease to be liable to any person in contract or tort or as a bailee or otherwise in respect of the safety deposit box and its contents.

Bulk Sales Act not applicable

10. The Bulk Sales Act does not apply to a transfer referred to in this Act.

Credit unions

11. (1) Despite any provision of the Credit Unions and Caisses Populaires Act, 1994, a transferee incorporated under that Act may, for the purposes of a transfer or other agreement under this Act,

(a) administer, on behalf of the Crown, some or all of the deposits maintained at the Province of Ontario Savings Office;

(b) receive and maintain deposits from depositors whose deposits were transferred to the transferee pursuant to this Act, whether or not the depositors are members of the credit union, so long as they remain depositors continuously;

(d) promote merchandise and services to depositors of deposits transferred pursuant to this Act in the same manner as it may promote merchandise and services to its members; and

(e) act as a depositary for the purposes of the Ontario Home Ownership Savings Plan Act with respect to home ownership savings plans transferred to it by the Minister pursuant to this Act.

Deemed depositors of the credit union

(2) Depositors of deposits transferred by the Minister to a credit union pursuant to this Act shall be deemed to be depositors of the credit union for the purposes of the Credit Unions and Caisses Populaires Act, 1994.

Notice

12. (1) The Ontario Financing Authority shall give a depositor not less than 30 days notice before the Minister effects a transfer of his or her deposit pursuant to an agreement authorized by section 2.

Ordinary mail

(2) Any notice required or permitted by this Act, or by the Freedom of Information and Protection of Privacy Act in respect of anything under this Act, shall be deemed to have been given if sent by ordinary mail to the last address of the addressee according to the books and records of the Province of Ontario Savings Office.

When notice received

(3) Any notice given under this Act shall be deemed to have been received on the fifth business day after the day it is mailed.

Transfer of books and records

13. (1) The Minister, the Ontario Financing Authority or any other person who has custody or control of any books or records maintained or used in connection with the operation of the Province of Ontario Savings Office may, without the consent of any person and without notice to any person, transfer ownership, custody or control of the books and records, or disclose or provide access to the books and records, to a person with whom the Crown has entered into an agreement authorized by section 2.

Same

(2) A transfer or disclosure of books and records under subsection (1) shall be deemed to be undertaken for the purpose of complying with this Act.

Collection of personal information

(3) The Minister is authorized to collect personal information directly or indirectly from a transferee for the purposes of exercising the Crown’s rights and performing the Crown’s obligations under this Act.

Freedom of Information and Protection of Privacy Act
not applicable

(4) The Freedom of Information and Protection of Privacy Act and the regulations under that Act shall not apply,

(a) to the books and records transferred under this section, after the books and records are transferred;

(b) to books and records created by a transferee or by a person pursuant to an agreement entered into with the Minister under subsection 2 (4), after the day the agreement takes effect; or

(c) to the contents of safety deposit boxes that are transferred to a transferee under section 9, after the transfer, or to the disposal of the contents of safety deposit boxes referred to in that section that are removed by the Crown.

Conflict

14. The provisions of this Act prevail over,

(a) provisions of another Act or a regulation, unless the other Act specifically states that it prevails over the provisions of this Act; and

(b) a provision in an agreement, whether the agreement was entered into before or after this section comes into force.

Deemed interest rate

15. A reference to an interest rate paid or payable by the Province of Ontario Savings Office in a regulation made under an Act or in an order made by the Lieutenant Governor in Council shall be deemed to be a reference to a rate of interest established by the Ontario Financing Authority as a proxy for that rate.

Deemed statutory compliance

16. If, in compliance with or as permitted by an Act or regulation, money is deposited in a term deposit maintained at the Province of Ontario Savings Office and the term deposit is transferred to a transferee pursuant to an agreement authorized by section 2, the transferred term deposit shall be deemed to be deposited in compliance with or as permitted by the Act or regulation until it matures or is terminated.

Regulations

17. The Lieutenant Governor in Council may make regulations,

(a) defining any word or expression used in this Act but not defined in this Act;

(b) prescribing Acts or regulations that do not apply to a transfer or agreement under this Act;

(c) governing the process for determining which deposits with the Province of Ontario Savings Office are unclaimed deposits and governing the administration, payment or disposition of them;

(d) prescribing any matter which may be prescribed under this Act;

(e) governing the transfer of assets, liabilities, rights and obligations under this Act;

(f) governing the payment of deposits that are not transferred under an agreement authorized by section 2;

(g) governing the administration and adjudication of claims made against the Crown under the guarantee provided in section 8;

(h) prescribing the rules for determining an amount in respect of loss of future interest on a term deposit for the purposes of clause 8 (3) (c);

(i) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.

Commencement

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

Short title

19. The short title of the Act set out in this Schedule is the Province of Ontario Savings Office Privatization Act, 2002.

schedule I
amendments related to the province of ontario savings office

Bailiffs Act

1. Subsection 13 (7) of the Bailiffs Act is amended by striking out “the Province of Ontario Savings Office”.

Business Corporations Act

2. Subsection 227 (1) of the Business Corporations Act is amended by striking out “or in the Province of Ontario Savings Office”.

Capital Investment Plan Act, 1993

3. Subsection 30 (1) of the Capital Investment Plan Act, 1993 is repealed and the following substituted:

Objects

(1) Without limiting the powers or capacities of the Authority, its objects include assisting public bodies and the Province of Ontario to borrow and invest money, developing and carrying out financing programs, issuing securities, managing cash, currency and other financial risks, and providing such other financial services as are considered advantageous to the Province or any public body.

Cemeteries Act (Revised)

4. Subsection 39 (1) of the Cemeteries Act (Revised), as amended by the Statutes of Ontario, 1994, chapter 11, section 382, is amended by striking out “the Province of Ontario Savings Office”.

Collection Agencies Act

5. Clause 2 (e) of the Collection Agencies Act is amended by striking out “the Province of Ontario Savings Office”.

Community Small Business
Investment Funds Act

6. The definition of “reserves” in subsection 19 (2) of the Community Small Business Investment Funds Act, as amended by the Statutes of Ontario, 1997, chapter 43, Schedule C, section 11 and 1998, chapter 34, section 19, is amended by adding “or” at the end of clause (a) and by striking out clauses (b) and (c) and substituting the following:

(b) any other prescribed investments.

Condominium Act, 1998

7. (1) Subsection 81 (4) of the Condominium Act, 1998 is amended by striking out “a credit union or a Province of Ontario Savings Office” at the end and substituting “or a credit union”.

(2) Subsection 115 (3) of the Act is amended by striking out “a credit union authorized by law to receive money on deposit or a Province of Ontario Savings Office” at the end and substituting “or a credit union authorized by law to receive money on deposit”.

Education Act

8. Paragraph 2 of subsection 257.38 (1) of the Education Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is repealed.

Election Finances Act

9. Clause 39 (1) (a) of the Election Finances Act is amended by striking out “The Province of Ontario Savings Office”.

Evidence Act

10. The definition of “bank” in subsection 33 (1) of the Evidence Act is repealed and the following substituted:

“bank” means a bank to which the Bank Act (Canada) applies and includes a branch, agency or office of a bank.

Family Responsibility and
Support Arrears Enforcement Act, 1996

11. The definition of “deposit account” in subsection 45 (9) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is amended by adding “or” at the end of clause (c) and by striking out clauses (d) and (e) and substituting the following:

(d) a similar institution.

Funeral Directors and
Establishments Act

12. The definition of “depository” in section 1 of the Funeral Directors and Establishments Act is amended by striking out “Province of Ontario Savings Office”.

Gaming Control Act, 1992

13. Subsection 27 (1) of the Gaming Control Act, 1992 is amended by striking out “credit union as defined in the Credit Unions and Caisses Populaires Act, or Province of Ontario Savings Office” at the end and substituting “or credit union as defined in the Credit Unions and Caisses Populaires Act, 1994”.

Legal Aid Services Act, 1998

14. Section 55 of the Legal Aid Services Act, 1998 is repealed and the following substituted:

Banking

55. The Corporation shall establish its banking arrangements with a bank listed in Schedule I or II to the Bank Act (Canada) or a loan or trust corporation registered under the Loan and Trust Corporations Act.

Legislative Assembly Act

15. Subsection 80 (2) of the Legislative Assembly Act is amended by striking out “with the Province of Ontario Savings Office or”.

Metropolitan Toronto Convention
Centre Corporation Act

16. Subclause 6 (2) (d) (iii) of the Metropolitan Toronto Convention Centre Corporation Act is amended by striking out “or with the Province of Ontario Savings Office”.

Municipal Act, 2001

17. The definition of “financial institution” in subsection 346 (3) of the Municipal Act, 2001 is amended by adding “and” at the end of clause (b), by striking out “and” at the end of clause (c) and by striking out clause (d).

Municipal Affairs Act

18. Section 35 of the Municipal Affairs Act is amended by striking out “the Province of Ontario Savings Office”.

Ontario Educational
Communications Authority Act

19. Subsection 10 (1) of the Ontario Educational Communications Authority Act is amended by striking out “in The Province of Ontario Savings Office or”.

Ontario Home Ownership
Savings Plan Act

20. (1) The definition of “depositary” in subsection 1 (1) of the Ontario Home Ownership Savings Plan Act is amended by striking out “either the Province of Ontario Savings Office or”.

(2) Clause 4 (2) (b) of the Act is amended by striking out “that is with a branch of the Province of Ontario Savings Office or”.

Ottawa Congress Centre Act

21. Subclause 6 (2) (d) (iii) of the Ottawa Congress Centre Act is amended by striking out “or with the Province of Ontario Savings Office”.

Real Estate and
Business Brokers Act

22. Subsection 20 (1) of the Real Estate and Business Brokers Act is amended by striking out “credit union as defined in the Credit Unions and Caisses Populaires Act, or Province of Ontario Savings Office” and substituting “or credit union as defined in the Credit Unions and Caisses Populaires Act, 1994”.

St. Lawrence Parks
Commission Act

23. Clause 4 (2) (c) of the St. Lawrence Parks Commission Act, as enacted by the Statutes of Ontario, 1993, chapter 16, section 5, is amended by striking out “the Province of Ontario Savings Office or”.

Commencement

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

schedule j
amendments to the retail sales tax act

1. The definition of “fair value” in subsection 1 (1) of the Retail Sales Tax Act, as amended by the Statutes of Ontario, 1994, chapter 13, section 1, 1994, chapter 17, section 135, 2000, chapter 10, section 23 and 2001, chapter 8, section 227, is amended by adding “and” at the end of clause (f) and by striking out clause (g).

2. Subsection 7 (1) of the Act, as amended by the Statutes of Ontario, 1992, chapter 13, section 4, 1994, chapter 13, section 9, 1996, chapter 29, section 26, 1997, chapter 10, section 32, 1997, chapter 41, section 125, 1998, chapter 5, section 45, 1999, chapter 9, section 184, 2000, chapter 10, section 28, 2000, chapter 42, section 93, 2001, chapter 8, section 230 and 2001, chapter 23, section 192, is amended by adding the following paragraphs:

1.1 Packages containing food products exempt from tax under paragraph 1 and a bonus that is taxable tangible personal property, evidence of entitlement to receive a taxable service or evidence of entitlement to an admission that would otherwise be taxable under this Act if,

i. the bonus is incidental to the food product in the package, is not ordinarily packaged with the food product and is only packaged with the food product for sale for a temporary period not exceeding six months,

ii. the bonus is not a food product referred to in subparagraph 1 i, liquor, beer or wine,

iii. the bonus is not an entitlement to prepared food products from an eating establishment, as defined by the Minister for the purposes of subparagraph 1 ii, the price of which would exceed $4,

iv. the inclusion of the bonus in the package is intended to encourage the sale of the food product, and

v. the manufacturer of the package pays tax on the cost incurred by the manufacturer to acquire, manufacture, produce or provide the bonus.

. . . . .

6.1 Tobacco taxed under the Tobacco Tax Act.

. . . . .

67. Admissions to a place of amusement that are donated to a registered charity, as defined in subsection 248 (1) of the Income Tax Act (Canada), by an owner or operator of the place of amusement.

68. Ready-mix concrete used in the construction of a structure to be used by a manufacturer directly in the manufacture or production of tangible personal property, but only on such terms and conditions as the Minister may prescribe.

Commencement

3. This Schedule shall be deemed to have come into force on June 18, 2002.

schedule k
skydome act (bus parking), 2002

Definition

1. In this Act,

“Minister” means the Minister of Municipal Affairs and Housing or such other member of the Executive Council as may be designated under the Executive Council Act to administer the Planning Act.

By-law requirement deemed to be satisfied

2. (1) Despite any general or special Act or municipal by-law, the provision of space for the parking of 50 charter buses on block 18C shall be deemed to satisfy fully and always to have satisfied fully the requirements of section 10 (4) (vi) C of City of Toronto By-law No. 1994-0806.

Parking space

(2) A space for parking a charter bus for the purposes of subsection (1),

(a) may be in a parking station;

(b) may be accessory to the urban stadium and multi-purpose facility that is located on a different lot; and

Exception, parking charge

(3) Despite the definition of “parking station” in City of Toronto By-law No. 1994-0806, a charge may be levied for a space referred to in subsection (2).

By-law requirements do not apply

(4) Sections 4 (5), 5 and 7 of City of Toronto By-law No. 1994-0806 do not apply with respect to the space for parking charter buses referred to in subsection (1).

Interpretation

(5) In this section,

(a) “accessory” has the meaning given to that term by City of Toronto By‑law No. 1994-0806;

(b) “block 18C” has the meaning given to that term by City of Toronto By‑law No. 1994-0806;

(d) “parking station” has the meaning given to that term by City of Toronto By‑law No. 1994-0806; and

(e) “urban stadium and multi-purpose facility” has the meaning given to that term by City of Toronto By-law No. 1994-0806.

Deemed part of the by-law

3. (1) The provisions of section 2 shall be deemed to form part of City of Toronto By-law No. 1994-0806 and to have always formed part of that by-law.

Application of s. 2

(2) Section 2 continues to apply despite any by-law that may be passed by the City of Toronto and despite any order that may be made by the Ontario Municipal Board pursuant to the Planning Act, unless the effect of the by-law or the order is to,

(a) reduce the number of charter buses for which space for parking must be provided in connection with the urban stadium and multi-purpose facility to fewer than 50 charter buses; or

(b) eliminate the requirement to provide any space for parking charter buses in connection with the urban stadium and multi-purpose facility.

Orders under Planning Act, s. 47

4. (1) Nothing in this Act derogates from the power of the Minister to make an order under section 47 of the Planning Act.

Same

(2) Subsections 47 (8) to (14) of the Planning Act do not apply to any order that may be made by the Minister under clause 47 (1) (a) of the Planning Act relating to parking spaces for charter buses with respect to premises known as SkyDome.

Amendment or revocation of orders

(3) The Minister may, on his or her own initiative, make an order under clause 47 (1) (a) of the Planning Act to amend or revoke in whole or in part any order described in subsection (2) that is made by the Minister.

Application of Planning Act, subss. 47 (1) to (6)

(4) Subsections 47 (1) to (6) of the Planning Act apply with necessary modifications if the Minister makes an order described in subsection (2) or (3).

No cause of action

5. (1) No cause of action arises as a direct or indirect result of the enactment or repeal of any provision of this Act.

No remedy

(2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with the enactment or repeal of any provision of this Act.

Proceedings barred

(3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to the enactment or repeal of any provision of this Act may be brought or maintained against any person.

Same

(4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this Act.

Proceedings set aside

(5) Any proceeding referred to in subsection (3) commenced before the day this Act comes into force shall be deemed to have been dismissed, without costs, on the day this Act comes into force and any decision in a proceeding referred to in subsection (3) is of no effect.

Exception, proceeding by the Crown, etc.

(6) This section does not apply to a proceeding commenced by the Crown or the Stadium Corporation of Ontario Limited and nothing in this section precludes a proceeding commenced by the Crown or the Stadium Corporation of Ontario Limited.

Person defined

(7) In this section, “person” includes, but is not limited to,

(a) the Crown and its employees and agents; and

(b) members of the Executive Council.

Commencement

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

Short title

7. The short title of the Act set out in this Schedule is the SkyDome Act (Bus Parking), 2002.

schedule L
amendment to the taxpayer protection act, 1999

1. Section 2 of the Taxpayer Protection Act, 1999 is amended by adding the following subsection:

Exception, 2002

(6) Subsection (1) does not apply to a bill that includes provisions that would be deemed to constitute, by virtue of paragraph 2 of subsection (5), increases in tax rates under the Corporations Tax Act, the Income Tax Act or both of those Acts if,

(a) the bill receives first reading in 2002;

(b) the provisions replace the specified future dates, on which decreases in tax rates (or effective tax rates) in the Corporations Tax Act, the Income Tax Act or both of those Acts are to take effect, with later dates; and

(c) each of the later dates mentioned in clause (b) is a date that is no later than the first anniversary of the specified future date it replaces.

Commencement

2. This Schedule comes into force on the day the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal Assent.

schedule m
amendments to the tobacco tax act

1. (1) Subsection 2 (1) of the Tobacco Tax Act, as re-enacted by the Statutes of Ontario, 1997, chapter 10, section 42, is repealed and the following substituted:

Tax on consumers

(1) Subject to subsection (1.1), every consumer shall pay to Her Majesty in right of Ontario a tax at the rate of 67 per cent of the taxable price per cigarette on every cigarette and on every gram or part gram of any tobacco, other than cigars and cigarettes, purchased by the consumer.

Adjustment to tax

(1.1) If the federal levy in respect of a cigarette increases or decreases after June 17, 2002, the tax payable by a consumer under subsection (1) shall be increased or decreased, as the case may be, by the full amount of the change in the federal levy, effective on the same day as the change in the federal levy.

Same

(1.1.1) For the purposes of subsection (1.1), the federal levy in respect of a cigarette as of June 17, 2002 is the sum of,

(a) the duty of $0.027475 per cigarette imposed under the Excise Act (Canada); and

(b) the tax of $0.034276 per cigarette imposed under the Excise Tax Act (Canada), other than under Part IX of that Act, on cigarettes marked or stamped in accordance with this Act.

(2) Subsection 2 (1.3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 18, section 19, is repealed and the following substituted:

Retail price of cigarettes

(1.3) The following shall be excluded in determining the retail price of a package of 25 cigarettes for the purposes of subsection (1.2):

1. The total amount of tax imposed on the package of cigarettes under this Act and under section 23 and Part IX of the Excise Tax Act (Canada).

2. The amount of duty imposed on the package of cigarettes under the Excise Act (Canada).

(3) Subsection 2 (1.4) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 10, section 42, is repealed and the following substituted:

Transition

(1.4) Until the taxable price per cigarette is prescribed by the Minister, every consumer shall pay to Her Majesty in right of Ontario a tax at the rate of 6.85 cents on every cigarette and on every gram or part gram of tobacco, other than cigars and cigarettes, purchased by the consumer, rather than at the rate of 67 per cent of the taxable price per cigarette.

(4) Subsection 2 (1.5) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 98, is amended by striking out “45 per cent” and substituting “56.6 per cent”.

Commencement

2. This Schedule shall be deemed to have come into force on June 18, 2002.

schedule n
amendments to the treasury board act, 1991

1. Section 7 of the Treasury Board Act, 1991 is amended by adding the following subsection:

Application

(4) This section applies only in respect of fiscal years commencing before April 1, 2003.

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

Special warrants, after the 2002-2003 fiscal year

7.1 (1) If the Legislature is not in session and a matter arises that requires the incurring of expenditures for which there is no appropriation by the Legislature or for which the appropriation is insufficient, the Lieutenant Governor in Council, upon the report of the Board estimating the amount required for the expenditure, may order a special warrant to be prepared and to be signed by the Lieutenant Governor, authorizing the incurring of expenditures in the amount estimated to be required, and the amount shall be incurred as specified in the special warrant.

Where appropriation exists

(2) Subject to subsection (4), if a special warrant is issued with respect to an expenditure for which there is an appropriation, the amount provided by the special warrant shall be added to and shall be deemed to be part of the appropriation for the fiscal year in which the special warrant is issued.

Where no appropriation exists

(3) Subject to subsection (4), if a special warrant is issued with respect to an expenditure for which there is no appropriation, the amount provided by the special warrant shall be deemed to be an appropriation for the fiscal year in which the special warrant is issued.

Warrant may apply to next fiscal year

(4) A special warrant issued in a fiscal year may provide that it applies with respect to the next fiscal year and it is an appropriation for that next fiscal year.

Application

(5) This section applies only in respect of a fiscal year commencing on or after April 1, 2003.

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

Application

(5) This section applies only in respect of fiscal years commencing before April 1, 2003.

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

Board orders after the 2002-2003 fiscal year

8.1 (1) Despite section 11.2 of the Financial Administration Act, the Board may by order authorize expenditures to supplement the amount of any appropriation for a fiscal year if the amount provided in the appropriation is insufficient to carry out the purpose for which the appropriation was made.

Expenditures to be offset by limit on other appropriation

(2) An order under subsection (1) shall provide that the amount of the expenditures be offset by reducing the amount of the expenditures to be incurred under any appropriation for the same fiscal year that is not exhausted or that, in the opinion of the Board, is unlikely to be fully exhausted in the fiscal year.

Report required

(3) An order may be made under subsection (1) only if the Board has received from the ministry responsible for the program to which the proposed supplementary appropriation relates, or from a person or officer prescribed by the regulations made under this Act, a report in writing setting out the necessity for further expenditures and the reason why the appropriation, unless supplemented, is insufficient.

Timing

(4) An order under subsection (1) may be made at any time before the books of the Government of Ontario for the fiscal year are closed.

Application

(5) This section applies only in respect of fiscal years commencing on or after April 1, 2003.

Commencement

5. This Schedule comes into force on the day the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal Assent.

SCHEDULE O
UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY ACT, 2002

Definitions

1. In this Act,

“board” means the board of governors of the university; (“conseil”)

“college” means the Durham College of Applied Arts and Technology; (“collège”)

“teaching staff” includes professors, associate professors, assistant professors, lecturers, associates, instructors, tutors and all others engaged in the work of teaching or giving instruction or in research at the university; (“corps professoral”)

“university” means the University of Ontario Institute of Technology as established by this Act. (“université”)

University established

2. (1) A university to be known as the University of Ontario Institute of Technology in English and Institut universitaire de technologie de l’Ontario in French is hereby established.

Corporation without share capital

(2) The university is a corporation without share capital and shall consist of the members of its board.

Conflicts

(3) In the event of a conflict between a provision of this Act and a provision of the Corporations Act, the provision of this Act prevails.

Special mission

3. It is the special mission of the university to provide career-oriented university programs and to design and offer programs with a view to creating opportunities for college graduates to complete a university degree.

Objects

4. The objects of the university are,

(a) to provide undergraduate and postgraduate university programs with a primary focus on those programs that are innovative and responsive to the individual needs of students and to the market-driven needs of employers;

(b) to advance the highest quality of learning, teaching, research and professional practice;

(c) to contribute to the advancement of Ontario in the Canadian and global contexts with particular focus on the Durham region and Northumberland County; and

(d) to facilitate student transition between college-level programs and university-level programs.

Powers

5. The university has all the powers necessary and incidental to its objects.

Degrees, etc.

6. The university may confer degrees, honorary degrees, certificates and diplomas in any and all branches of learning.

Affiliation

7. The university may contract, affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

Board of governors

8. (1) There shall be a board of governors of the university, consisting of not more than 25 members, as follows:

1. The president of the university, by virtue of office.

2. The chancellor of the university, by virtue of office.

3. Three members appointed by the Lieutenant Governor in Council.

4. At least 12 and not more than 16 members, as may be set out in the by-laws of the university, appointed by the board, at least six of whom shall be members of the board of governors of the college but who are not employees or students of the college.

5. Four members who are students or employees of the university and who are elected by the relevant constituencies of the university.

By-law respecting elections

(2) The board shall by by-law determine the manner and procedure for the election of members described in paragraph 5 of subsection (1) and eligibility requirements for election to the board.

Term

(3) Subject to subsection (4), the term of office for an elected or appointed member of the board shall be not more than three years, as determined by by-law.

Same

(4) The term of office for a member of the board who is a student of the university shall be one year.

Reappointment

(5) A member of the board is eligible for reappointment or re-election.

Limitation

(6) A person elected or appointed to the board under subsection (1) may not be a member of the board for more than six consecutive years, but is eligible for reappointment or re-election after one year’s absence from the board.

Vacancies

(7) A vacancy on the board occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the board;

(b) a member is incapable of continuing to act as a member and the board by resolution declares the membership to be vacated; or

(c) the board by resolution declares a membership to be vacated for failure to attend sufficient meetings, as provided in the by-laws of the university.

Same

(8) If a vacancy on the board occurs before the term of office for which a member has been appointed or elected has expired, the vacancy shall be filled in a timely fashion, as provided in the by-laws, in the same manner and by the same body as the member whose membership is vacant was elected or appointed and the new member shall hold office for the remainder of the unexpired portion of the term of the member he or she is replacing.

Same

(9) A person elected or appointed to the board under subsection (8) may be reappointed or re-elected upon the expiry of the term that he or she was elected or appointed to complete, but is eligible for further reappointment or re-election only after one year’s absence from the board.

Member on both boards

(10) Despite the requirements of paragraph 4 of subsection (1), if a person who is a member of both the board of the university and the board of governors of the college ceases to be a member of the board of the college, he or she may continue as a member of the board of the university, but is not eligible for reappointment to the board of the university in a position designated for a person who is a member of both boards.

Same

(11) A person who continues his or her membership on the board under subsection (10) shall be deemed to be a member of the board of governors of the college for purposes of calculating the six members referred to in paragraph 4 of subsection (1).

Quorum

(12) A quorum of the board consists of a majority of its members and that majority must include at least half of the members who are not students or employees of the university.

Chair, vice-chair

(13) The board shall elect annually a chair and at least one vice-chair from among its members who are not students or employees of the university and shall fill any vacancy in the office of chair or vice-chair from among such members.

Duties

(14) The chair shall preside over the meetings of the board and if the chair is unable to act or if the position is vacant, a vice-chair shall act in his or her place and, if both the chair and vice-chair are unable to act, the board may appoint a member who is not a student or employee of the university to act temporarily in their place.

Powers and duties of board

9. (1) The board is responsible for governing and managing the affairs of the university and has the necessary powers to do so, including the power,

(a) subject to section 3, to determine the mission, vision and values of the university;

(b) to establish academic, research, service and institutional policies and plans and to control the manner in which they are implemented;

(d) to appoint and remove the president;

(e) to appoint, promote, suspend and remove members of the teaching staff and of the administrative staff of the university;

(f) to establish faculties, schools, institutes and departments and to establish chairs and councils in any faculty, school, institute or department of the university;

(g) to govern standards for the admission of students to the university and for graduation;

(h) to govern matters arising in connection with the award of fellowships, scholarships, medals, prizes and other awards for academic achievement;

(i) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided in the by-laws of the university, including authorizing them to act on behalf of the board in the matters specified in the by-laws;

(j) to approve the annual budget of the university and to monitor its implementation;

(k) to establish and collect fees and charges for tuition and other services that may be offered by the university or that may be approved by the board on behalf of any organization or group of the university;

(l) to regulate the conduct of students, staff and all persons who use the property of the university, including denying any person access to the property;

(m) to define, for the purposes of the by-laws, the following terms: student, staff, employee, manager, professor, associate professor, assistant professor, lecturer, associate, instructor and tutor;

(n) to conclusively determine which body within the university has jurisdiction over any matter;

(o) to determine the manner and procedure for electing members described in paragraph 5 of subsection 8 (1) to the board, including establishing constituencies and voting practices; and

(p) to make by-laws, resolutions and rules for the conduct of its affairs.

Limitation

(2) The board shall not appoint, promote, suspend or remove a member of the teaching staff or of the administrative staff except on the recommendation of the president who shall be governed by the terms of any applicable commitments and practices of the university.

Standard of conduct

(3) Every member of the board shall exercise the powers and carry out the duties of his or her office diligently, honestly, in good faith, in the best interests of the university and in accordance with any other criteria set out in the by-laws of the university.

Conflict of interest

(4) A member of the board or of a committee created by it who has a conflict of interest, as defined in the by-laws or conflict of interest policies of the university, as the case may be, in a matter in which the university is concerned shall declare his or her interest as soon as possible and no later than at the first meeting at which the matter is to be considered and, if required by the by-laws or policies, shall withdraw from the meeting during the discussion of the matter and shall not vote on the matter.

Exception, member of college board

(5) A member of the board does not have a conflict of interest by virtue only of the fact that he or she is also a member of the board of governors of the college and, despite subsection (4), any such member may take part in discussing and voting on issues before the board of either the university or the college concerning the university or the college unless the discussion and voting deals with the circumstances of the particular member as an isolated issue, separate and apart from general matters affecting the university or the college.

Exception, employee

(6) Despite subsection (4), a member of the board who is also an employee of the university may take part in discussing and voting on issues concerning general conditions of employment for university employees, unless the discussion and voting deals with the circumstances of the particular employee as an isolated issue, separate and apart from consideration of other employees.

Exception, student

(7) Despite subsection (4), a member of the board who is also a student may take part in discussing and voting on issues concerning students generally, unless such discussion and voting deals with the circumstances of the particular student as an isolated issue, separate and apart from consideration of other students.

Academic council

10. (1) There shall be an academic council of the university consisting of the president of the university and such voting and non-voting members as may be provided for in the by-laws of the university so long as a majority of the voting members are members of the teaching staff of the university.

Purpose

(2) The academic council shall make recommendations to the board with respect to the establishment of academic standards and curricular policies and procedures of the university and the regulation of such standards, policies and procedures and shall make recommendations on such other matters as may be referred to it by the board.

Chair

(3) The president shall preside over meetings of the academic council and, if the president is unable to act, the academic council may appoint one of its members to act temporarily in his or her place.

Quorum

(4) A quorum of the academic council consists of a majority of the voting members and that majority must include at least half of the members who are members of the teaching staff.

Duty to consult

(5) Before making a decision with respect to a matter referred to in clause 9 (1) (a), (b), (c), (f), (g) or (h), the board shall cause the president or a person designated by the president to consult with the council on the matter and the president shall report to the board on the consultation.

Chancellor

11. (1) There shall be a chancellor of the university appointed by the board in such manner as it shall determine.

Term of office

(2) The chancellor shall hold office for three years and until a successor is appointed.

Reappointment

(3) The chancellor may be reappointed.

Duties

(4) The chancellor is the titular head of the university and shall confer all degrees, honorary degrees, certificates and diplomas on behalf of the university.

President

12. (1) There shall be a president of the university appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2) The president is the chief executive officer and vice-chancellor of the university and has supervision over and direction of the academic and general administration of the university, its students, managers, teaching staff and other employees, and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Meetings

13. (1) Subject to subsection (2), meetings of the board and meetings of its permanent committees shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the university.

Exclusion

(2) The board may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the university.

By-laws

14. (1) The by-laws of the university shall be open to examination by members of the public during normal business hours.

Publication

(2) The university shall publish its by-laws in such manner and at such time as it considers proper.

Property

15. (1) The university may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the university, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Exemption from taxation

(2) Land vested in the university and land and premises leased to and occupied by the university are exempt from provincial and municipal taxes and development charges, so long as the vested land or leased land and premises are actually used and occupied for the objects of the university.

Protection from expropriation

(3) Land vested in the university is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this Act comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Deemed vesting in Crown

(4) All property vested in the university shall be deemed to be vested in the Crown for the public uses of Ontario for the purposes of,

(a) the Limitations Act; or

Use of property

(5) The property and the revenue of the university shall be applied solely to achieving the objects of the university.

Non-application

(6) Section 8 of the Charities Accounting Act does not apply to the university.

Investments

(7) The funds of the university not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

(8) The university, if authorized by its by-laws, may, on such terms and in such amounts as the board may approve,

(a) borrow money and give security on money borrowed; and

(b) issue or give bonds, debentures and obligations as security.

Audits and reports

16. (1) The board shall appoint one or more public accountants licensed under the Public Accountancy Act to audit the accounts, trust funds and transactions of the university at least once a year.

Financial report

(2) The university shall make a financial report annually to the Minister of Training, Colleges and Universities in such form and containing such information as the Minister may require.

Other reports

(3) The university shall submit to the Minister of Training, Colleges and Universities all other reports as the Minister may require.

Sharing of facilities and services

17. (1) The university and the college shall enter into an agreement for the sharing of their real and personal property and for the sharing of their administrative staff and services.

Same

(2) If the university and the college fail to enter into an agreement as provided in subsection (1), the Minister of Training, Colleges and Universities may by order provide for the sharing of real and personal property and for the sharing of administrative staff and services by the university and the college.

First board: appointments by college board

18. (1) The board of governors of the college shall appoint the first members of the board described in paragraph 4 of subsection 8 (1) who shall in turn appoint the first members of the board described in paragraph 5 of subsection 8 (1).

Same

(2) Despite subsection (1), no student or employee shall be appointed to the board until the university has at least 25 students and 10 employees.

Rotating membership

(3) The term of office of the members of the first board appointed after the coming into force of this Act shall be one year, two years or three years, as determined by the board of governors of the college.

Commencement

19. (1) Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal Assent.

Same

(2) Section 6 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

20. The short title of the Act set out in this Schedule is the University of Ontario Institute of Technology Act, 2002.

SCHEDULE P
AMENDMENTS RELATED TO POST-SECONDARY EDUCATION

Capital Investment Plan Act, 1993

1. (1) The definition of “public body” in subsection 29 (1) of the Capital Investment Plan Act, 1993 is amended by striking out “Ryerson Polytechnical Institute”.

(2) The definition of “public body” in subsection 29 (1) of the Act is amended by striking out “Ontario College of Art” and substituting “Ontario College of Art & Design”.

(3) Subsection 29 (2) of the Act is repealed.

(4) Subsection 33 (2) of the Act is amended by striking out “or Ryerson Polytechnical Institute” and by striking out “Ryerson Polytechnical Institute”.

(5) Subsection 33 (2) of the Act is amended by striking out “Ontario College of Art” and substituting “Ontario College of Art & Design”.

Corporations Tax Act

2. Clause (c) of the definition of “eligible educational institution” in subsection 13.5 (1) of the Corporations Tax Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 12, is amended by striking out “Art and Design” and substituting “Art & Design”.

GO Transit Act, 2001

3. (1) The definition of “public body” in subsection 21 (3) of the GO Transit Act, 2001 is amended by striking out “Ryerson Polytechnic University”.

(2) The definition of “public body” in subsection 21 (3) of the Act is amended by striking out “Ontario College of Art” and substituting “Ontario College of Art & Design”.

Private Vocational
Schools Act

4. (1) The title of the Private Vocational Schools Act is repealed and the following substituted:

Private Career Colleges Act

(2) The definition of “Minister” in section 1 of the Act is repealed and the following substituted:

(3) The definition of “private vocational school” in section 1 of the Act is repealed and the following substituted:

“private career college” means a school or place at which instruction in the skill and knowledge requisite for employment in any vocation is offered or provided by classroom instruction or by correspondence, other than a college of applied arts and technology or a university established under any Act, a university for which a consent has been given by the Minister of Training, Colleges and Universities under section 4 of the Post-secondary Education Choice and Excellence Act, 2000 or a school or course of instruction maintained under any other Act of the Legislature; (“collège privé d’enseignement professionnel”)

(4) The Act is amended by striking out “private vocational school” and “private vocational schools” wherever they appear in the following provisions and substituting in each case “private career college” and “private career colleges”, respectively:

1. The definition of “Superintendent” in section 1.

2. Subsection 2 (1), as amended by the Statutes of Ontario, 2000, chapter 26, Schedule N, section 2.

3. Subsection 4 (1).

4. The portion of subsection 5 (1) before clause (a), clauses 5 (1) (a) and (b), subclauses 5 (1) (c) (i) and (ii) and clause 5 (1) (d).

5. Sections 9 and 12.

6. The three places it appears in subsection 13 (1).

7. Section 14.

8. The two places it appears in section 15.

9. The three places it appears in subsection 17 (5).

10. Clauses 19 (1) (b), (e), (g), (h), (j), (k) and (n), the two places it appears in clause 19 (1) (o) and clauses 19 (1) (p), (q), (r) and (t).

(5) Subsection 19 (1) of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 32, is amended by adding the following clause:

(f) prescribing forms of security or other methods of protecting the financial interest of students other than those authorized under clause (e) and prescribing requirements relating to them, including the means of realizing the security or enforcing the other methods of protection if the requirements are not met;

The Ryerson Polytechnic
University Act, 1977

5. (1) The title of The Ryerson Polytechnic University Act, 1977, being chapter 47, is repealed and the following substituted:

Ryerson University Act, 1977

(2) The Act is amended by striking out “Polytechnic” in clauses 1 (1) (a), (d), (e), (g) and (j.1) and in the portion of subsection 4 (1) before clause (a).

(3) Clause 1 (1) (c) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 1, section 3, is amended by striking out “or Ryerson Polytechnic University” and substituting “Ryerson Polytechnic University or Ryerson University”.

(4) Subsection 2 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 1, section 4, is repealed and the following substituted:

University

(1) Ryerson Polytechnic University and The Board of Governors of Ryerson Polytechnic University are continued under the name Ryerson University.

(5) Section 10 of the Act, as amended by the Statutes of Ontario, 1993, chapter 1, section 11, is amended by striking out “Institute” in the portion before clause (a) and in two places in clause (d) and substituting in each case “University”.

Tobacco Control
Act, 1994

6. Paragraph 4 of subsection 9 (1) of the Tobacco Control Act, 1994 is repealed and the following substituted:

4. A private career college as defined in the Private Career Colleges Act.

University Foundations Act, 1992

7. (1) The Schedule to the University Foundations Act, 1992, as amended by the Statutes of Ontario, 1993, chapter 1, section 21, is amended by striking out “Ryerson Polytechnic University” and substituting “Ryerson University”.

(2) The Schedule to the Act, as amended by the Statutes of Ontario, 1993, chapter 1, section 21, is amended by striking out “Ontario College of Art” and substituting “Ontario College of Art & Design”.

Workplace Safety
and Insurance Act, 1997

8. Clause (a) of the definition of “training agency” in subsection 69 (1) of the Workplace Safety and Insurance Act, 1997 is repealed and the following substituted:

(a) a person who is registered under the Private Career Colleges Act to operate a private career college, or

Commencement

9. This Schedule comes into force on the day the Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002 receives Royal Assent.

Français

Keeping the Promise for Growth and Prosperity Act (2002 Budget), 2002, S.O. 2002, c. 8 - Bill 109

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