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Ministry of Government Services Consumer Protection and Service Modernization Act, 2006, S.O. 2006, c. 34 - Bill 152

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 152 and does not form part of the law.  Bill 152 has been enacted as Chapter 34 of the Statutes of Ontario, 2006.

The Bill amends several Acts, most of which are administered by the Ministry of Government Services. The main changes are as follows:

General

The Bill standardizes provisions for investigations under a search warrant under the Bailiffs Act, the Collection Agencies Act, the Consumer Protection Act, 2002, the Consumer Reporting Act, the Discriminatory Business Practices Act, the Motor Vehicle Dealers Act, 2002, the Paperback and Periodical Distributors Act, the Real Estate and Business Brokers Act, 2002 and the Travel Industry Act, 2002.

Alcohol and Gaming Regulation and Public Protection Act, 1996

A new section 14.1 of the Act permits the board of the Alcohol and Gaming Commission to establish a schedule of monetary penalties for specific contraventions of Acts and regulations administered by the Commission that are prescribed by the regulations. The schedule is subject to the approval of the Minister. The Registrar of Alcohol and Gaming may impose a penalty for a contravention after having considered the guidelines respecting the imposition of penalties. Money received from penalties is to be used for raising public awareness and for education and training.

Athletics Control Act

The Bill removes specific references to the regulation of professional wrestling from the Act. It also allows regulations made under the Act to regulate amateur combative sports.

Bailiffs Act

The Bill amends the Act to allow for inspections without warrant.

Change of Name Act

The Bill amends the Act to allow a regulation made under the Act to exempt the Registrar General, in the circumstances specified in the regulation, from the requirement to publish in The Ontario Gazette a notice of a change of name made under the Act.

Condominium Act, 1998

The two-year limitation period for commencing a proceeding in respect of an offence under the Act begins on the day on which the facts upon which the proceeding is based first came to the knowledge of the Director designated under the Ministry of Consumer and Business Services Act.

Consumer Protection Act, 2002

A new section 13.1 of the Act prohibits a person from advertising an internet gaming site that is operated contrary to the Criminal Code (Canada). The terms “internet gaming site” and “advertise” are defined.

It is also prohibited to arrange for or otherwise facilitate the advertising activities that are prohibited, unless the person doing so is an internet service provider.

It is an offence to engage in the prohibited activities referred to in section 13.1.

The Bill amends the Act to allow for the making of regulations governing various aspects of future performance agreements, including gift card agreements.

Consumer Reporting Act

The Bill amends the Act to provide for alerts on consumers’ files.

A consumer will be able to require a consumer reporting agency to include an alert in the consumer’s file warning persons to verify the identity of any person purporting to be the consumer.  The consumer reporting agency will be required to give the alert to every person to whom information from the file is disclosed.  If a person receives an alert in connection with certain transactions, the person who received the alert will be required to take reasonable steps to verify that the person involved in the transaction is the consumer.

Corporations Act

The Bill amends the audit requirements of the Act.  At present, a company is exempt from the audit requirements only if its annual income is less than $10,000.  Under section 96.1 of the Act, this threshold is increased to $100,000.  Under section 133 of the Act, charitable corporations will be entitled to the same exemptions from the audit requirements of the Act as other companies.

Electricity Act, 1998

The Bill amends Part VIII of the Act.

The regulation-making power in subsection 113 (1) is moved from the Electrical Safety Authority to the Lieutenant Governor in Council. A similar change is made to section 113.22.

A new section 113.0.1 establishes prohibitions relating to damaging, interfering with and removing tags, seals and other labels from works, matters or things used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario.

New sections 113.13 to 113.14.3 clarify the powers of inspectors and investigators with respect to search and seizure. Section 113.13.1 provides an inspector with the power to require that an electrical product or device be turned over or retained and preserved.

The offences set out in section 113.20 and the regulation-making powers in section 113.22 are expanded.

Land Registration Reform Act

When an electronic document that purports to effect a transfer or charge of land is delivered to the electronic land registration database by direct electronic transmission, the Director of Land Registration may have a notice of the delivery issued to the registered owner of the land by the means that the Director specifies.

The Director of Land Registration may immediately suspend the authorization of a person to submit electronic documents for registration by direct electronic transmission to the electronic land registration database in either of the following cases. The first case is where the Director has reasonable grounds to believe that the person has submitted an electronic document without proper legal authority, for instance of the registered owner of the land affected by the document. The second case is where the Director considers it in the public interest to do so. Upon suspending an authorization, the Director shall determine whether to revoke the authorization. The person is entitled to a hearing. At any time after suspending an authorization and before revoking it, the Director may withdraw the suspension if the Director considers it in the public interest to do so. After a revocation is final, a person may apply for reinstatement of the authorization within the time period that the Director specifies.

Land Titles Act

The Bill amends section 78 of the Act so that a fraudulent instrument will not have any effect on the title register. Instruments registered subsequent to a fraudulent instrument are deemed to be effective. A fraudulent instrument is defined to be one under which a fraudulent person purports to receive or transfer an estate or interest in land, one that is given under a forged power of attorney, a transfer of an instrument that is a charge given by a fraudulent person or a type of fraudulent instrument specified by the regulations made under the Act. If an instrument registered on or after October 19, 2006 is fraudulent, the Director of Titles can delete it from the title register. A person prescribed by the regulations made under the Act who thereby suffers a loss can recover compensation from The Land Titles Assurance Fund if the person has demonstrated due diligence and is not otherwise restricted from recovering compensation from the Fund. The Bill removes the present requirement that the person must be unable to recover compensation through other means in order to be entitled to compensation from the Assurance Fund.

The penalty for fraud under section 156 of the Act is increased.

Regulations made under the Act can allow for the publication of information regarding fraud or suspected fraud in the land titles system.

Liquor Licence Act

The expression “brew on premise facility” is replaced with a new term, “ferment on premise facility”. The definition of this term refers to both beer and wine making at such facilities. A licence is necessary for the operation of a ferment on premise facility just as one was needed previously for a brew on premise facility.

A new subsection 6 (7) of the Act prohibits a person who is refused a licence to sell liquor or a renewal of such a licence, or whose licence to sell liquor is revoked, for specified grounds, from making an application for a licence to sell liquor until two years have passed since the refusal or revocation.

A new section 6.1 clarifies and strengthens the ability of the Registrar, for the purposes of the Act and the regulations, to conduct inquiries and investigations with respect to the character, financial history and competence of applicants for licences and renewals of licences, holders of licences and other persons interested in holders of licences or in the premises to which a licence relates. The applicant or licence holder is required to pay the reasonable costs of an inquiry or investigation.

Subsection 7 (2) establishes that it is not necessary for the Registrar to issue a notice of an application to sell liquor to residents if he or she is satisfied that issuing the licence is in the public interest having regard to the applicant, the location of the premises to which the licence will apply and the needs and wishes of the residents.

Subsections 8 (2) and (4) are amended to clarify that the Registrar may, whether or not he or she receives objections from residents in reply to a notice of an application for a licence to sell liquor, issue a proposal to refuse the application.

A new section 8.1 provides that the board of the Alcohol and Gaming Commission may establish criteria for assessing the risk that a holder of a licence to sell liquor or the premises covered by the licence represents to the public, to public safety and to the public interest in general, as well as the risk that the holder may not comply with the Act and the regulations. Based on the criteria, the board may specify conditions that may be imposed on the licence or premises and the Registrar may designate holders of licences and premises to require appropriate licensing processes and impose the conditions specified by the board on the licence or premises in accordance with the designation.

The responsibilities of the Board are transferred to the Registrar in the amendments to section 22 relating to a manufacturer’s licence permitting the sale of spirits, beer or Ontario wine to the Liquor Control Board of Ontario. Other amendments transferring responsibility to the Registrar are made in respect of, among others, subsections 38 (2) and (3) that relate to advertising and section 44.1 that relates to the detention of vehicles.

An additional power is provided to the Lieutenant Governor in Council for the making of regulations governing information that may or must appear on labels and containers of liquor sold or kept for sale at a government store.

Partnerships Act

The amendments to the Act allow for the development in Ontario of what are known as “full shield” limited liability partnerships (“LLPs”).  At present, partners in an LLP are shielded only from the negligence and not the wrongful acts of other partners or employees.  However, they are jointly and severally liable for the general obligations of the LLP.  A partner is also responsible for his or her negligence and for the negligence of those under his or her direct supervision or control.  Only chartered accountants, certified general accountants and lawyers may form LLPs.

Subject to the exceptions set out in subsection 10 (3), a partner will be liable only for the negligence of those under his or her direct supervision and he or she will not be liable for the non-professional debts or wrongful acts of the LLP, other than criminal acts or fraud.  A partner will be liable for the negligent or other wrongful act of another partner or an employee if he or she knew, or ought to have known, about the negligent or wrongful act unless he or she took reasonable steps to prevent it.

Public Guardian and Trustee Act

The amendments to the Act permit the Public Guardian and Trustee to act as a director of a corporation.  The Public Guardian and Trustee is what is known in law as a “corporation sole” and, as only individuals may act as directors of corporations, he or she cannot act in his or her official capacity as a director.  This may not be in the best interests of persons or estates represented by the Public Guardian and Trustee.  The amendments also limit the liability of the Public Guardian and Trustee when acting as a director of a corporation.

Real Estate and Business Brokers Act, 2002

If a registrant does not pay any amounts that the registrant is required to pay with respect to insurance, the registrar under the Act is required to suspend the registration of the registrant effective as of the date at which the term of the insurance related to the payment begins. The registrant is not entitled to a hearing, but is entitled to have the registration revived for the unexpired balance of its term upon paying the unpaid amounts and providing evidence in writing to the registrar of the payment.

Registry Act

The penalty for tampering with books, records, plans, registered instruments or deposited documents under the Act is increased.

A notice of claim registered under Part III of the Act must be in the form prescribed by the regulations made under the Act.

Repair and Storage Liens Act

A person authorized by the registrar may tender a claim for lien or a change statement for registration by direct electronic transmission to the database of the registration system established under the Personal Property Security Act.

The costs that are legally recoverable on a seizure with respect to an article subject to a non-possessory lien shall not exceed the fees and costs allowed for seizures under the Costs of Distress Act and shall not form part of the lien itself.

Substitute Decisions Act, 1992

The amendments to the Act provide a guardian who acts as a director of a corporation with liability protection where it is fair and reasonable to do so.

Technical Standards and Safety Act, 2000

The Bill amends section 2 of the Act to expand the ambit of the section to include fuels other than hydrocarbon fuels.

The Bill makes a number of changes aimed at clarifying the powers of inspectors. Sections 22.1 to 22.3 set out a regime governing the powers of investigators with respect to search and seizure.

Terms of Office

The Bill amends or repeals provisions of 15 Acts to eliminate references to terms of office in respect of appointments to various adjudicative and regulatory boards, tribunals and commissions.

Schedule A
Archives and recordkeeping Act, 2006

The Schedule contains the new Archives and Recordkeeping Act, 2006 and repeals the Archives Act.

The Archives of Ontario is continued and continues to be administered by the Archivist of Ontario.  The Archivist is required to establish standards and guidelines for public bodies at the direction of the Management Board of Cabinet.  The Minister responsible for the administration of the Act may give directions to the Archivist in relation to his or her powers and duties.

The current Act requires that “all original documents, parchments, manuscripts, papers, records and other matters” of the government, the Assembly and the public service be delivered to the Archives within 20 years after they cease to be used.

The new Act updates the language with respect to records, embracing all forms of modern records, such as digital and electronic records.

The new Act applies to the records of the Executive Council, ministers and ministries, commissions of inquiry and prescribed agencies, boards, commissions, corporations and other entities; these are collectively referred to as public bodies.  It allows the Lieutenant Governor and legislative bodies (defined as the Legislative Assembly, committees of the Legislative Assembly, officers of the Legislative Assembly or of the Legislature and officers and servants of the House) to elect to have provisions of the new Act respecting the retention and transfer of records apply to their records as well.  If a legislative body does not make that election, their records of archival value must be transferred to the Archives within 20 years after they cease to be used, unless they enter into an agreement with the Archivist providing otherwise.

Under the new Act, the retention and disposition of public records are governed by the records schedules that are prepared by public bodies and approved by the Archivist.  The records schedules must classify the public body’s records and set out the retention periods and disposition for each class.  For records of archival value, the records schedules must provide for their transfer at the end of their retention period to the Archives of Ontario or elsewhere as directed by the Archivist, or to remain in the custody of the public body, subject to the Archivist’s directions.  The new Act requires that public bodies ensure that their records are preserved and that the information in their records is accessible until they are transferred or otherwise disposed of.  It also provides for the retention, transfer and other disposition of public records when a public body ceases to exist or when its functions are transferred to another entity.

If the Archivist is of the opinion that a public record may be of archival value and is at imminent risk of being damaged or destroyed or otherwise disposed of, he or she may designate the record.  Once designated, the record cannot be damaged or destroyed or otherwise disposed of for 45 days without the consent of the Archivist.  In that 45-day period, the Archivist may review the record and direct that it be transferred to the Archives of Ontario.  The public body is required to transfer the record in accordance with the direction, even if it conflicts with an approved records schedule.

Under the current Act, the objects of the Archives of Ontario include the collection and preservation of various records that are not public records.  The new Act continues to permit the acquisition and preservation of private records, authorizing the Archivist to enter into agreements with private persons or entities respecting their records and recordkeeping and respecting the acquisition by the Archives of Ontario of private records that are of archival value.  The new Act also gives the Archivist the power to designate a private record of archival value if he or she is of the opinion that it is of provincial significance and is at risk of being damaged or destroyed.  Once a designation is made, the owner of the designated record may not damage or destroy the record, except with the written consent of the Archivist, for 180 days or, if the designation is renewed, for 360 days.

Under the new Act, the Archivist must make records of archival value available to the public, subject to the Freedom of Information and Protection of Privacy Act and any restrictions imposed by law or by agreement with a donor of a private record. The Archivist must ensure that the records of archival value in the Archives of Ontario are preserved and that the information in them is accessible.

Schedule B
Amendments to the Business corporations act

Directors’ residency requirements

At present, under subsection 118 (3) of the Act, the majority of directors of a business corporation must be resident Canadians. The Schedule changes this to 25 per cent.  The Schedule eliminates the residency requirements for transacting business at directors’ meetings and for the appointment of a managing director.

Proxy solicitation rules

The amendments to section 112 of the Act facilitate proxy solicitation by shareholders by eliminating the need for dissident’s circular if the total number of shareholders whose proxies are being solicited is fewer than 16 or if the solicitation is, in the prescribed circumstances, conveyed by public broadcast, speech or publication.

Unanimous shareholder agreements

Under section 108 of the Act, shareholders who are party to a unanimous shareholder agreement will be given the same defences as are available to directors to the extent that the agreement restricts the powers of directors to manage and supervise the business and affairs of the corporation.  The shareholders will also be able to fetter their discretion.

Dissolution and revival of corporations

The Schedule eliminates the two-year time limit in section 237 of the Act for the voluntary dissolution of corporations that have never issued shares and that have not commenced business.  The amendment to section 241 of the Act imposes a 20-year limit on the revival of a corporation that has been involuntarily dissolved.  There is currently no time limit.

Conflict of interest rules for directors and officers

The amendments to section 132 of the Act require directors who rely on the general notice of interest provision to notify the corporation of any material changes in the nature of their conflict of interest.  Conflicted directors will be prohibited from attending the portions of meetings at which a matter is being discussed if they have a conflict with respect to any such matter, including their own compensation as an employee, officer or agent of the corporation. They will be prohibited from voting on arrangements where the corporation grants security to a third party for obligations undertaken by such a conflicted director.  To relieve against a possible loss of quorum because of conflicts, the remaining directors are deemed to constitute a quorum with a residual power of approval being given to the shareholders.

Liability of directors and defences

The amendments to sections 134, 135 and 136 of the Act clarify that directors and officers owe their fiduciary obligations exclusively to the corporation.  The amendments provide a reasonable diligence defence for directors and expand and clarify the good faith reliance defence in respect of interim and other financial reports and reports and advice of subordinates.

Insurance and indemnification

The amendments to section 136 of the Act expand the indemnification provisions for directors and officers to cover a person who is acting on a corporation’s behalf in a managerial capacity for an entity that is not a corporation. The amendments remove the current requirement that the indemnifying corporation must have a financial interest in the latter entity on whose board the corporation’s nominee sits and they expand permissible indemnification to include investigative and other proceedings, such as an investigation of a director’s actions by a provincial securities commission.  Subject to court approval, corporations will be authorized to advance defence costs to directors, officers and other indemnifiable persons.  The standard for granting indemnification is relaxed and current restrictions on the right of a corporation to purchase insurance are removed.

Shareholder communications

The amendments to section 99 of the Act permit the beneficial owners of shares in a corporation to make proposals and have them circulated.  At present, only shareholders may make proposals.  The amendments also provide for a maximum document length for proposals and supporting documents and amend the situations where proposals need not be circulated by a corporation.

The amendments to sections 154 and 160 change the rules in respect of sending documents related to annual meetings and copies of interim financial statements respectively.  Under the amendments, offering corporations will be required to send the information only to shareholders who have informed the corporation that they want the information.  The rules remain unchanged for non-offering corporations.

The amendments to sections 262 and 264 facilitate communication between a corporation and its shareholders by electronic means.

Minority shareholder rights and remedies

The amendments give beneficial owners of shares of a corporation the same rights as shareholders in several areas, including rights to access corporate records, receive information and make applications to court.

The amendment to subsection 185 (2.1) provides that shareholders have a right of dissent even if there is only one class of shares.

The amendment to subsection 246 (2.1) provides that there is no requirement to give advance notice to directors of a party’s intention to seek court approval to commence a derivative action if all of the directors are defendants in the action.

Financial assistance disclosure

The Schedule repeals the financial assistance disclosure requirements of the Act.

Corporate finance

The amendment to section 22 of the Act clarifies that two or more classes or series can exist without differences in their respective rights, privileges, restrictions and conditions.

Under the amendments to sections 24 and 38 of the Act, a corporation will be authorized to add to its stated capital account upon the issuance of stock dividends and upon the issuance of shares in exchange for property to arm’s length purchasers.

The amendments to section 29 of the Act permit a subsidiary to own shares of the parent corporation under conditions to be set out in the regulations.

The amendments to sections 31 and 32 of the Act clarify that the redemption of any redeemable shares of a corporation must be deducted for the purposes of the solvency test to the extent that the amount has not already been included in liabilities.  The amendments to subsections 36 (1) and (2) make a corporation’s obligation to fulfill a contract to purchase its own shares subject to the solvency test set out in section 32. The amendment to subsection 36 (3) provides that an unpaid shareholder who has entered into a contract with the corporation for the purchase of the corporation’s shares will rank behind creditors and shareholders who have higher rights to the assets of the corporation.

Audit committee exemptions

The amendment to section 158 of the Act permits an offering corporation to seek an exemption from the audit committee requirement on application to the Ontario Securities Commission.

Restricted shares

The amendment to section 45 of the Act and a complementary amendment to section 272 permit the designation of foreign laws for the purpose of defining “restricted shares”.

Voting entitlements

Under the amendment to section 100 of the Act, a shareholder’s right to vote is restricted to shareholders registered as of a fixed record date.

Substitute Decisions Act, 1992

Technical amendments are required to conform to the Substitute Decisions Act, 1992.

Regulations

The Schedule creates new regulation-making powers that are complementary to the other amendments to the Act.

Schedule C
Amendments to Freedom of information and protection of Privacy legislation

The Schedule amends the Freedom of Information and Protection of Privacy Act (“FIPPA”) and the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”).

The main changes are to do the following:

1. Clarify that business identity information is not personal information.  (See FIPPA, subsections 2 (3) and (4) and MFIPPA, subsections 2 (2.1) and (2.2).)

2. Add the Internet as a way to make certain materials available to the public.  (See FIPPA, section 35.)

3. Put new duties on heads of institution to provide the responsible minister with the information necessary to prepare certain materials to be made available to the public.  (See FIPPA, section 36.)

4. Clarify the obligation on the Commission to notify persons of a notice of appeal.  (See FIPPA, subsection 50 (3) and MFIPPA, subsection 39 (3).)  The Schedule also makes consequential amendments, including amendments to deal with changes made by Bill 14, the Access to Justice Act, 2006.  (See FIPPA, subsections 52 (13) and (14) and MFIPPA, subsections 41 (13) and (14).)

5. Add new regulation-making powers dealing with assistance to persons with disabilities in making requests for access, providing for procedures if personal information is disclosed contrary to the Acts and dealing with the disposal of personal information.  (See FIPPA, clauses 60 (1) (b.1), (d.1) and (f.1) and MFIPPA, clauses 47 (1) (a.1), (c.1) and (e.1).)

6. Provide for the Acts not to apply to records relating to a prosecution if not all proceedings have been completed.  (See FIPPA, subsection 65 (5.2) and MFIPPA, subsection 52 (2.1).)

The Schedule also amends a number of other Acts to correct references to provisions of the Freedom of Information and Protection of Privacy Act.

Schedule D
Amendments to bereavement related statutes

The Schedule amends the Funeral, Burial and Cremation Services Act, 2002, the Funeral Directors and Establishments Act and a number of Acts relating to the assessment and taxation of real property of cemeteries, crematoriums and burial sites.

Funeral, Burial and Cremation Services Act, 2002

The Act applies to all transactions relating to licensed supplies and services even if the purchaser in the transaction or the person engaging in the transaction with the purchaser is located outside of Ontario when the transaction takes place.

The regulation of sales representatives is broadened and replaced with the regulation of persons who hold a licence prescribed by the regulations made under the Act.

Under section 4, in order to maintain land for the purpose of scattering cremated human remains or to charge a fee for the use of the land for scattering, a person must be licensed as a cemetery operator and the land must be within a cemetery.

In addition to the existing grounds in subsection 14 (1) under which an applicant is not entitled to a licence or a renewal of the licence, two new grounds are added: the applicant is in breach of a condition of a licence and the applicant fails to comply with a request of the registrar for information.

Under the new section 38.1, regulations made under the Act can govern the circumstances in which an operator can require, as a condition of sale, that a purchaser of licensed supplies and services, purchase other supplies and services from the same operator or a person specified by the operator.

Section 47 that regulates the resale of interment rights or scattering rights is also made applicable to transfers for no consideration of those rights.

If the regulations made under the Act allow it, a cemetery operator may have a care and maintenance account, instead of the care and maintenance fund required by the present section 53. Before having a private structure installed or a private scattering ground developed in a cemetery on behalf of a person other than the cemetery operator, a person is required to pay the operator the amount prescribed by the regulations made under the Act.

Under section 54, if bereavement related activity, other than interments or scatterings, for which a licence is required under the Act, takes place on cemetery land, the cemetery operator shall, in accordance with the regulations made under the Act, make a payment into the care and maintenance fund or account for the cemetery and shall report to the registrar. The amount of the payment corresponds to the property tax that would be payable if the land were liable to assessment and taxation under other Acts. Complementary amendments to other Acts provide for exemptions from assessment and taxation.

The provisions governing an inspection without warrant in section 67 and an investigation with warrant under section 70 and new section 70.1 are standardized with those in other consumer Acts.

Under a new section 73, the director can make a freeze order against a person who is not licensed under the Act if two tests are met. First, the director must have evidence that the person is subject to criminal proceedings in connection with conducting business for which a licence is required under the Act or carries on activities in a place, in respect of which a warrant has been issued under section 70. Secondly, the director must reasonably believe that, in the course of conducting business for which a licence is required under the Act, the person has received money or assets from customers and the interests of those customers require protection.

Under a new section 83.1, no encumbrance on land of a cemetery is enforceable unless it is given as security for money borrowed for the purpose of improving the facilities provided on the land, the purpose of acquiring the land or a purpose that the registrar approves and that relates to the operation of the cemetery.

Under section 86, the consent of the registrar is no longer required for establishing, altering or increasing the capacity of a crematorium.

The Schedule expands the powers of the registrar in an order to close a cemetery under section 88 in order to address the closing of a cemetery in which cremated human remains have been scattered.

Under a new section 101.1, the Crown, a local municipality where cemetery land is located, the owner or operator of a cemetery or the registrar can apply to court for an order declaring a cemetery abandoned.

Under a new section 102.1, a court in which a judicial proceeding is pending can direct the disinterment or the removal of human remains if it considers that necessary for the purpose of the proceeding. Similar powers are given to the Attorney General, the Solicitor General or a coroner for the purpose of an inquiry as to the cause of death, a criminal investigation, a criminal proceeding or a coroner’s investigation, as the case may be.

The powers to make regulations under the Act are expanded. For example, regulations can:

1. Require operators to submit their price lists to the registrar upon request.

2. Grant the registrar power to disallow a price for a supply or service.

3. Provide for an appeal process from the registrar’s decision to disallow a price.

4. Provide for the reimbursement of prescribed amounts and prescribe specifications and minimum requirements for supplies and services to be offered, performed or supplied by a licensee.

5. Prescribe circumstances in which the documentation under the Vital Statistics Act is not required.

6. Govern the administration and operation of transfer services.

Funeral Directors and Establishments Act

Under section 3, the principal object of the Board of Funeral Services is to oversee the regulation of the practices of licensees in accordance with the Act, the Funeral, Burial and Cremation Services Act, 2002, regulations made under those Acts and the by-laws in order that the public interest may be served and protected.

The requirements for the composition of the Board and its committees will be set out in the regulations made under the Act.

Under section 15, the Registrar, in addition to the Board or the Executive Committee as at present, may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a funeral director.

Under section 16, the Discipline Committee can no longer revoke or suspend licences of funeral directors, but instead can recommend that action to the Registrar.

Schedule E
Amendments to the personal property security act

Section 1 of the Act is amended to clarify that a “debtor” includes not only a person who owes payment or other performance of the obligation secured, but also a person who owns or has rights in the collateral and makes the collateral available as security without assuming any obligation under the security agreement.

The amendment to section 2 of the Act makes the Act apply not only to leases that secure payment or performance of an obligation, but also to true leases of goods for a term of more than one year. The new section 57.1 of the Act, however, specifies that the rights and remedies on default, set out in Part V of the Act, apply only to leases that secure payment or performance of an obligation.

The conflict of laws rules in sections 7 and 7.1 of the Act point to the location of a debtor to determine the validity, perfection and priority of security interests in various types of collateral. The sections are amended so that the location of a business debtor is no longer defined by reference to the debtor’s place of business or chief executive office, but by reference to the province, territory or U.S. state under the laws of which the debtor is incorporated or organized. The location of a debtor incorporated under Canadian federal law is defined by reference to the province or territory where the debtor’s registered or head office is located. The location of a debtor organized under U.S. federal law is defined by reference to the U.S. State designated by U.S. federal law or the U.S. state designated by the organization. The location of a trust or general partnership is defined by reference to the province or territory whose laws govern the trust or partnership agreement or by reference to the jurisdiction in which the administration of the trust is principally carried out. Sections 7.2 and 7.3 add transitional rules to ensure that existing priorities are not altered and that secured parties have enough time to adapt to the new scheme.

Subsection 9 (2) of the Act, which provides that a security agreement is enforceable against a third party despite a defect, irregularity, omission or error unless the third party is actually misled, is repealed.  This eliminates the conflict with clause 11 (2) (a) of the Act, which requires security agreements to be in writing and contain a description of the collateral that is sufficient to identify it.

Subsection 9 (3) of the Act, which provides that the failure of a security agreement to properly describe some of the collateral does not affect the effectiveness of the security agreement as regards collateral that is properly described, is repealed.

Section 28 of the Act provides that a buyer of goods from a seller who sells the goods in the ordinary course of business takes them free from any security interest given by the seller, even a perfected security interest of which the buyer was aware, unless the buyer knew that the sale constituted a breach of the security agreement. This provision is amended to add that the buyer is protected regardless of whether the buyer took possession of the goods, the seller was in possession of the goods at any point in the transaction, the buyer obtained ownership of the goods or the seller took a security interest in the goods, so long as the goods were identified and agreed upon by the parties at the time the contract was made or were marked or designated to the contract. Similar amendments are made to clarify and enhance the protection given to lessees of goods from a lessor who leases the goods in the ordinary course of business.

Clause 33 (1) (b) of the Act is amended to require a secured creditor who is financing the purchase of inventory to give written notice to a secured creditor whose collateral is accounts receivable, before the debtor receives possession of the inventory, in order to be able to rely on the purchase-money security interest priority rule with respect to the accounts receivable that arise from the sale of the inventory and in which both creditors have a security interest.

Subsection 40 (1) of the Act is amended to clarify that a person obligated on an account or on chattel paper may set up against the assignee of the debt, by way of defence but not by way of counterclaim:

1. Any defence that would be available to the debtor against the assignor arising out of the terms of their contract or a related contract, including equitable set-off and misrepresentation.

2. The right to set off any debt owing by the assignor to the debtor that was payable before the debtor received notice of the assignment.

The new subsection 40 (4) of the Act provides that if a clause in a contract between a person obligated on an account or on chattel paper and a creditor prohibits or restricts the creditor from assigning, or giving a security interest in, the whole of the account or chattel paper or requires the debtor’s consent to the assignment or the giving of a security interest, the clause is unenforceable against third party assignees and is binding on the assignor only to the extent of making the assignor liable to the debtor for breach of their contract.

Sections 41 and 42 of the Act are amended to eliminate branch offices and branch registrars from the registration system.

Section 46 of the Act is amended to require all future registrations under the Act to be effected by direct electronic transmission to the registration system’s database and only by persons who are, or are members of a class of persons who are, authorized by the registrar to do so.

The system for classifying collateral, which involved checking up to five boxes on the financing statement, the boxes being “consumer goods”, “inventory”, “equipment”, “accounts” or “other”, will be replaced with a system that requires the secured party to use a narrative description that describes the collateral by item or type. In light of this change, subsection 51 (5) of the Act is amended to provide that if the collateral described in a financing statement is or includes consumer goods, the financing statement is deemed to have a registration period of five years, unless a shorter registration period is indicated on the financing statement.

Section 62 of the Act is amended to exempt personal and household goods from seizure by a secured party upon the debtor’s default, except in the case of a purchase-money security interest in specific goods or a possessory security interest.

If the secured party, upon the debtor’s default, proposes to accept the collateral in full satisfaction of the obligation secured, section 65 of the Act requires the secured party to notify certain persons, who then have a specified time period within which to object in writing to the creditor’s proposal if it would adversely affect their interest in the collateral. The time period for objecting is reduced from 30 days to 15 days.

The amendment to section 67 of the Act provides that if the secured party has taken security in both real and personal property to secure payment or performance of the debtor’s obligation, the Superior Court of Justice may make any order necessary to enable the secured party to foreclose on, or enforce another remedy against, both the real and personal property simultaneously.

Section 68, which allowed notices and other documents to be given only by personal service or registered mail, is amended to allow, in addition, delivery by prepaid courier, telephone transmission of a facsimile and electronic transmission. Any notice or other document sent by telephone transmission of a facsimile or by electronic transmission is deemed to have been given when the addressee actually receives it or upon the first business day after the day of transmission, whichever is earlier.

Schedule F
amendments relating to organizations to provide governmEnt services to members of the public

The Schedule amends the Freedom of Information and Protection of Privacy Act and the Ministry of Government Services Act.

Ministry of Government Services Act

Organizations can be designated as service provider organizations to provide services to members of the public on behalf of the Government or a public body.  The regulations will designate services that the service provider organization may provide on behalf of the Government or public body.  To facilitate the provision of those services, regulations can be made authorizing the service provider organization to exercise powers or perform functions or duties under an Ontario statute or regulation.  Regulations can also be made governing the operation of a service provider organization.

Freedom of Information and Protection of Privacy Act

The Schedule amends the Act to make certain provisions with respect to service provider organizations.  A service provider organization will be an institution for the purposes of the Act.  A service provider organization will be authorized to collect personal information for the purposes of providing a designated service.  The regulations may require a service provider organization that collects personal information on behalf of the Government or a public body to convey that personal information to the Government or public body.  After doing so, the service provider organization may not use or disclose the information, except as allowed by the regulations.  Provision is made for audits of service provider organizations by the Information and Privacy Commissioner.  Public consultation will be required before regulations are made.  Exceptions are made for urgent circumstances or regulations that are minor or of a technical nature.

 

chapter 34

An Act to modernize various Acts administered by or affecting the Ministry of Government Services

Assented to December 20, 2006

CONTENTS

 

 

Sections

 

Alcohol and Gaming Regulation and Public Protection Act, 1996

Athletics Control Act

Bailiffs Act

Cemeteries Act (Revised)

Change of Name Act

Collection Agencies Act

Condominium Act, 1998

Consumer Protection Act, 2002

Consumer Reporting Act

Corporations Act

Discriminatory Business Practices Act

Electricity Act, 1998

Film Classification Act, 2005

Land Registration Reform Act

Land Titles Act

Liquor Licence Act

Motor Vehicle Dealers Act, 2002

Paperback and Periodical Distributors Act

Partnerships Act

Public Guardian and Trustee Act

Real Estate and Business Brokers Act, 2002

Registry Act

Repair and Storage Liens Act

Substitute Decisions Act, 1992

Technical Standards and Safety Act, 2000

Travel Industry Act, 2002

Amendments Relating to Terms of Office

Commencement and Short Title

1
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27-41

42-43

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

Archives and Recordkeeping Act, 2006

Amendments to the Business Corporations Act

Amendments to Freedom of Information and Protection of Privacy Legislation

Amendments to Bereavement Related Statutes

Amendments to the Personal Property Security Act

Amendments Relating to Organizations to Provide Government Services to Members of the Public

 

 

 

 

___________

 

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

Alcohol and Gaming Regulation and Public Protection Act, 1996

1. (1) Subsection 3 (1) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 is amended by striking out “Wine Content Act” and substituting “Wine Content and Labelling Act, 2000”.

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

Monetary penalties

14.1 (1) The board of the Commission may establish, subject to the approval of the Minister, a schedule of monetary penalties that may be imposed with respect to contraventions of those Acts and regulations administered by the Commission that are prescribed by the regulations.

Registrar’s power to impose penalty

(2) The Registrar may impose monetary penalties set out in the schedule established by the board of the Commission.

Guidelines to be considered

(3) In deciding to impose a monetary penalty, the Registrar shall have regard to the guidelines governing the imposition of such penalties established by the board under section 4.

Use of money

(4) Money received from monetary penalties may be used for the following purposes only:

1. Public awareness, education and training programs for the general public in relation to alcohol and gaming.

2. Education and training programs for licence holders, permit holders and other persons governed by the Acts and regulations administered by the Commission that are prescribed by the regulations.

Appeal

(5) A person on whom a monetary penalty is imposed may appeal to the board of the Commission, in which case a hearing shall be held in accordance with section 10.

Power of board on hearing

(6) The panel of the board holding the hearing may confirm the monetary penalty or set it aside.

Decision final

(7) A decision of the board under subsection (6) is final and not subject to appeal to the Divisional Court under section 11.

(3) Clause 16 (a) of the Act is amended by striking out “Wine Content Act” and substituting “Wine Content and Labelling Act, 2000”.

(4) Section 16 of the Act is amended by adding the following clause:

(b.1) prescribing Acts and regulations for the purposes of section 14.1;

Athletics Control Act

2. (1) The definition of “professional contest or exhibition” in section 1 of the Athletics Control Act is repealed and the following substituted:

“professional contest or exhibition” means a contest or exhibition of professional boxing or any other professional sport that is designated by the regulations; (“compétition ou exhibition professionnelle”)

(2) Section 1 of the Act is amended by adding the following definition:

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

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

(4) Subsection 4 (3) of the Act is amended by striking out “professional contests and exhibitions” and substituting “professional contests or exhibitions”.

(5) Subsection 5 (1) of the Act is amended by striking out “boxing or wrestling”.

(6) The French version of subsections 5 (2) to (5) of the Act is amended by striking out “professionnelles” wherever that expression appears and substituting in each case “professionnelle”.

(7) Subsection 6 (1) of the Act is repealed and the following substituted:

Impounding of purses

(1) The Commissioner may order any person to deliver to him or her forthwith any money that was paid or may be payable in connection with a professional contest or exhibition if the Commissioner or any other person charges that,

(a) the contest or exhibition was conducted in contravention of this Act or the regulations;

(b) an agreement, contract or undertaking with respect to the contest or exhibition was entered into in contravention of this Act or the regulations; or

(c) the conduct of a person connected with or participating in the contest or exhibition was in contravention of this Act or the regulations or was not in the interest of the professional sport involved.

Same

(1.1) The Commissioner shall impound the money delivered under subsection (1) pending the disposition of the charge.

(8) Subsection 10 (1) of the Act is repealed and the following substituted:

Prohibiting use of building

(1) If money payable to the Minister under this Act or the regulations in respect of a professional contest or exhibition is not received by the Minister within one week of the holding of the contest or exhibition, the Minister may direct that the building or other place where the contest or exhibition was held shall not be used for the holding of any professional contest or exhibition until the money has been paid to the Minister.

(9) Subsection 10 (2) of the Act is amended by striking out “or contest or exhibition of amateur boxing or wrestling”.

(10) Section 11 of the Act is amended by striking out “boxing or wrestling”.

(11) Clause 12 (1) (b) of the Act is repealed and the following substituted:

(b) designate the officials for any professional contest or exhibition and fix the fees that shall be paid to them by the person holding the contest or exhibition.

(12) Subsection 12 (2) of the Act is repealed and the following substituted:

Admission

(2) The Commissioner or a person to whom he or she has delegated any of the Commissioner’s powers or duties shall be admitted without charge to professional contests or exhibitions.

(13) Section 12.1 of the Act is repealed and the following substituted:

Power of Minister

12.1 The Minister may by order require the payment of fees for licences or permits required under this Act and may approve the amount of those fees.

(14) Clause 12.2 (1) (c) of the Act is amended by striking out “professional contests and exhibitions” and substituting “professional contests or exhibitions”.

(15) Subsection 13 (1) of the Act is amended by adding the following clause:

(0.a) designating a professional sport, other than boxing, for the purposes of the definition of “professional contest or exhibition”;

(16) Clause 13 (1) (b) of the Act is repealed and the following substituted:

(b) authorizing the Commissioner to regulate and provide for the conduct of professional contests or exhibitions;

(17) Clauses 13 (1) (c), (d) and (e) of the Act are repealed and the following substituted:

(c) prescribing the equipment to be used for and the rules applicable to the conduct of professional contests or exhibitions, including the appointment and duties of the officials of the contests or exhibitions, the definition of fouls and the manner of determining the winners;

(d) providing for the issuing of licences and permits for the holding of professional contests or exhibitions and for the suspension and cancellation of the licences and the cancellation of the permits;

(e) providing for the licensing of participants in professional contests or exhibitions, managers of the participants and referees, seconds and other officials officiating at professional contests or exhibitions and providing for the suspension and cancellation of the licences;

(18) Clauses 13 (1) (i), (j), (k) and (l) of the Act are repealed and the following substituted:

(i) prescribing the forms of contracts to be used in connection with the services and management of participants in professional contests or exhibitions;

(j) prescribing the duties of persons holding professional contests or exhibitions;

(k) prescribing the security to be furnished to the Commissioner by persons holding professional contests or exhibitions to ensure payment of officials and participants and the amount payable to the Minister under section 5;

(19) Clauses 13 (1) (m) and (n) of the Act are repealed and the following substituted:

(m) prescribing the classes of persons who may take part in professional contests or exhibitions;

(n) defining “amateur”, “combative sports” and “professional” for the purposes of this Act and the regulations;

(20) Subsection 13 (1) of the Act is amended by adding the following clause:

(n.2) governing amateur combative sports, including providing for the licensing of participants in the sports, specifying qualifications and conditions for licences, providing for the term, suspension and cancellation of licences and regulating the conduct of the sports;

Bailiffs Act

3. (1) The Bailiffs Act is amended by adding the following heading immediately before section 1:

Interpretation and Administration

(2) The definitions of “business premises” and “dwelling” in subsection 1 (1) of the Act are repealed.

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

“investigator” means an investigator appointed under subsection 16.2 (1); (“enquêteur”)

(4) The Act is amended by adding the following heading immediately before section 3:

Bailiffs and Assistant Bailiffs

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

Complaints, Duties, Inspections and Investigations

Complaints

12. (1) If the Registrar receives a complaint about a bailiff or an assistant bailiff, the Registrar may request information in relation to the complaint from any bailiff or any assistant bailiff.

Request for information

(2) A request for information under subsection (1) shall indicate the nature of the complaint.

Duty to comply with request

(3) A person who receives a written request for information under subsection (1) shall provide the information as soon as practicable.

(6) Subsections 13 (5) and (6) of the Act are repealed.

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

Inspection

16.1 (1) The Registrar or a person designated in writing by the Registrar may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the business premises of a bailiff or assistant bailiff, other than any part of the premises used as a dwelling, for the purpose of,

(a) ensuring compliance with this Act and the regulations;

(b) dealing with a complaint under section 12; or

(c) ensuring the bailiff or assistant bailiff, as the case may be, remains entitled to act as such under this Act.

Powers on inspection

(2) While carrying out an inspection, an inspector,

(a) is entitled to free access to all money, valuables, documents and records of the person being inspected that are relevant to the inspection;

(b) may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form; and

(c) may, upon giving a receipt for them, remove for examination and may copy anything relevant to the inspection, including any data storage disk or other retrieval device in order to produce information, but shall promptly return the thing to the person being inspected.

Identification

(3) An inspector shall produce, on request, evidence of his or her authority to carry out an inspection.

Assistance to be given

(4) An inspector may, in the course of an inspection, require a person to produce a document or record and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce information that is relevant to the inspection and that is in any form, and the person shall produce the document or record or provide the assistance.

Obstruction prohibited

(5) No person shall obstruct an inspector conducting an inspection or withhold from him or her or conceal, alter or destroy any money, valuables, documents or records that are relevant to the inspection.

Use of force prohibited

(6) An inspector shall not use force to enter and inspect premises under this section.

Admissibility of copies

(7) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Appointment of investigators

16.2 (1) The Director designated under the Ministry of Consumer and Business Services Act may appoint persons to be investigators for the purposes of conducting investigations.

Certificate of appointment

(2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 16.3, shall, upon request, produce the certificate of appointment as an investigator.

Search warrant

16.3 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness to act as a bailiff or assistant bailiff under this Act; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness to act as a bailiff or assistant bailiff under this Act, or

(ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness to act as a bailiff or assistant bailiff under this Act that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

(a) to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

(b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

(c) to exercise any of the powers specified in subsection (10); and

(d) to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

(3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

Conditions on warrant

(4) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

(6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.

Use of force

(8) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(9) No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Assistance

(10) An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.

Return of seized items

(11) An investigator who seizes any thing under this section or section 16.4 may make a copy of it and shall return it within a reasonable time.

Admissibility

(12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

16.4 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Searches in exigent circumstances

16.5 (1) An investigator may exercise any of the powers described in subsection 16.3 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

Use of force

(3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Applicability of s. 16.3

(4) Subsections 16.3 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

(8) The Act is amended by adding the following heading immediately before section 17:

General

(9) Section 17 of the Act is amended by striking out “under section 13” in the portion before clause (a).

(10) Subsection (9) applies only if subsection 2 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 has not come into force by the day subsection (9) comes into force.

Cemeteries Act (Revised)

4. Section 1 of the Cemeteries Act (Revised) is amended by adding the following definition:

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

Change of Name Act

5. (1) Clause 8 (1) (a) of the Change of Name Act is repealed and the following substituted:

(a) promptly cause a notice of the change of name to be published in The Ontario Gazette, except in the circumstances specified in the regulations made under this Act;

(2) Section 13 of the Act is amended by adding the following clause:

(h) specifying circumstances for the purposes of clause 8 (1) (a).

Collection Agencies Act

6. (1) The Collection Agencies Act is amended by adding the following heading immediately before section 1:

Interpretation and Administration

(2) The definitions of “business premises” and “dwelling” in subsection 1 (1) of the Act are repealed.

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

“investigator” means an investigator appointed under subsection 15 (1); (“enquêteur”)

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

Registration

(5) The Act is amended by adding the following heading immediately before section 12:

Complaints, Inspections and Investigations

(6) Subsection 13 (2) of the Act is repealed.

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

Appointment of investigators

15. (1) The Director may appoint persons to be investigators for the purposes of conducting investigations.

Certificate of appointment

(2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 16, shall, upon request, produce the certificate of appointment as an investigator.

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

Search warrant

16. (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for registration, or

(ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for registration that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

(a) to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

(b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

(c) to exercise any of the powers specified in subsection (10); and

(d) to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

(3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

Conditions on warrant

(4) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

(6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.

Use of force

(8) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(9) No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Assistance

(10) An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.

Return of seized items

(11) An investigator who seizes any thing under this section or section 16.1 may make a copy of it and shall return it within a reasonable time.

Admissibility

(12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

16.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Searches in exigent circumstances

16.2 (1) An investigator may exercise any of the powers described in subsection 16 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

Use of force

(3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Applicability of s. 16

(4) Subsections 16 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

(9) The Act is amended by adding the following heading immediately before section 17:

General

(10) Section 18 of the Act is repealed.

(11) Clause 19 (1) (a) of the Act is repealed and the following substituted:

(a) a search warrant has been issued under this Act; or

Condominium Act, 1998

7. Subsection 137 (3) of the Condominium Act, 1998 is repealed and the following substituted:

Limitation

(3) No proceeding under this section shall be commenced after the second anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Director designated under the Ministry of Consumer and Business Services Act.

Consumer Protection Act, 2002

8. (1) Section 1 of the Consumer Protection Act, 2002 is amended by adding the following definitions:

“internet” means the decentralized global network connecting networks of computers and similar devices to each other for the electronic exchange of information using standardized communication protocols; (“Internet”)

“internet gaming site” means an internet site that accepts or offers to accept wagers or bets over the internet,

(a) as part of the playing of or participation in any game of chance or mixed chance and skill that is to take place inside or outside of Canada, or

(b) on any contingency or on any event that may or is to take place inside or outside of Canada,

including, without restricting the generality of the foregoing, a casino game, card game, horse race, fight, match, sporting event or contest; (“site de jeux en ligne”)

(2) Part II of the Act is amended by adding the following section:

Advertising illegal site

13.1 (1) No person shall advertise an internet gaming site that is operated contrary to the Criminal Code (Canada).

Facilitating

(2) No person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person.

Meaning of “advertise”

(3) For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Ontario or is primarily intended for Ontario residents.

Same

(4) For the purpose of subsection (1), “advertise” includes,

(a) providing, by print, publication, broadcast, telecommunication or distribution by any means, information for the purpose of promoting the use of an internet gaming site;

(b) providing a link in a website for the purpose of promoting the use of an internet gaming site, but does not include a link generated as the result of a search carried out by means of an internet search engine; and

(c) entering into a sponsorship relationship for the purpose of promoting the use of an internet gaming site.

Application

(5) This section applies despite subsection 2 (1).

(3) The definition of “internet” in subsection 20 (1) of the Act is repealed.

(4) Part XI of the Act is amended by adding the following section:

Definition

104.1 In this Part,

“investigator” means an investigator appointed under subsection 106 (1).

(5) Subsection 106 (3) of the Act is repealed and the following substituted:

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 107, shall, upon request, produce the certificate of appointment as an investigator.

(6) Subsection 107 (1) of the Act is amended by striking out “appointed under this Act” in  the portion before clause (a).

(7) Subsection 107 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

. . . . .

(8) Clause 107 (2) (a) of the Act is amended by striking out “upon producing his or her appointment” at the beginning.

(9) Subsection 107 (5) of the Act is amended by adding “and other persons as necessary” after “knowledge”.

(10) Subsection 107 (11) of the Act is repealed and the following substituted:

Return of seized items

(11) An investigator who seizes any thing under this section or section 107.1 may make a copy of it and shall return it within a reasonable time.

(11) Section 107.1 of the Act is repealed and the following substituted:

Seizure of things not specified

107.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

(12) Subclause 116 (1) (b) (i) of the Act is repealed and the following substituted:

(i) in respect of Part II, Consumer Rights and Warranties, subsection 10 (1), section 12, subsections 13 (2) and (7) and subsections 13.1 (1) and (2),

(13) Clause 123 (5) (e) of the Act is amended by adding “including gift card agreements, and governing” after “future performance agreements”.

(14) Subsection 123 (5) of the Act is amended by adding the following clauses:

(f) imposing restrictions, including prohibiting expiry dates, on future performance agreements, including gift card agreements;

(g) governing the fees, other than the payment under a future performance agreement, including a gift card agreement, for supplying goods or services under the agreement, that the supplier under the agreement may charge or is prohibited from charging to the consumer;

(h) allowing the consumer under a future performance agreement, including a gift card agreement, to cancel the agreement if the supplier does not disclose the matters with respect to the agreement that the regulations specify and governing the cancellation of the agreement;

(i) providing that any provision of the Act or the regulations applies to future performance agreements, including gift card agreements, with the modifications specified in the regulations.

Consumer Reporting Act

9. (1) The Consumer Reporting Act is amended by adding the following heading immediately before section 1:

Interpretation and Administration

(2) Subsection 1 (1) of the Act is amended by adding the following definition:

“investigator” means an investigator appointed under subsection 17 (1); (“enquêteur”)

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

Registration

(4) The Act is amended by adding the following heading immediately before section 8:

Duties and Investigations

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

Alert to verify identity of consumer

12.1 (1) A consumer may require a consumer reporting agency to include, in the consumer’s file, an alert warning persons to verify the identity of any person purporting to be the consumer.

Consumer must provide contact information

(2) A consumer who requires a consumer reporting agency to include an alert in the consumer’s file shall provide, for inclusion in the alert, a telephone number or other method, prescribed by the regulations, of contacting the consumer to verify the identity of any person purporting to be the consumer.

Time limit for including alert in file

(3) The consumer reporting agency shall include the alert in the consumer’s file as soon as practicable after being required to do so under subsection (1).

No obligation if contact information not provided

(4) The consumer reporting agency is not required to include an alert if the consumer has not complied with subsection (2).

Amendment or removal

(5) The consumer may require the consumer reporting agency to amend the alert or remove it from the consumer’s file.

Time limit for amendment or removal

(6) The consumer reporting agency shall amend the alert or remove it from the consumer’s file as soon as practicable after being required to do so under subsection (5).

Verification of identity by agency

(7) Before including an alert in a consumer’s file or amending or removing such an alert, the consumer reporting agency shall take reasonable steps to verify that the person requiring the inclusion, amendment or removal is the consumer.

Expiry

(8) An alert expires at the end of the prescribed period, if any.

Information about expiry

(9) When a consumer reporting agency includes an alert in a consumer’s file, the agency shall inform the consumer of the date, if any, that the alert will expire under subsection (8).

Fees

(10) Subject to the regulations, a consumer reporting agency may require a fee to be paid before including an alert in a consumer’s file, or amending or removing an alert.

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

When alert to be given

12.2 If a consumer’s file includes an alert under section 12.1 that has not expired, the consumer reporting agency shall give the alert to every person to whom any information from the file is disclosed.

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

If person receives an alert

12.3 (1) This section applies if a person receives an alert from a consumer’s file under section 12.2 in connection with a transaction, described in subsection (3), involving a person purporting to be the consumer.

Duty to verify identity

(2) The person who received the alert shall not proceed with the transaction without taking reasonable steps to verify that the person involved in the transaction is the consumer.

Transactions covered

(3) A transaction referred to in subsection (1) is,

(a) the extension of credit or the loaning of money, as defined in the regulations; or

(b) any other transaction prescribed by the regulations.

Exception for transactions covered

(4) Clause (3) (a) does not include an advance under a credit agreement for open credit unless the credit agreement is amended to provide for the advance.

Definitions

(5) In subsection (4),

“credit agreement” means a credit agreement as defined in section 66 of the Consumer Protection Act, 2002; (“convention de crédit”)

“open credit” means open credit as defined in section 1 of the Consumer Protection Act, 2002. (“crédit en blanc”)

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

Appointment of investigators

17. (1) The Director may appoint persons to be investigators for the purposes of conducting investigations.

Certificate of appointment

(2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 18, shall, upon request, produce the certificate of appointment as an investigator.

(9) Section 18 of the Act is repealed and the following substituted:

Search warrant

18. (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for registration, or

(ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for registration that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

(a) to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

(b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

(c) to exercise any of the powers specified in subsection (10); and

(d) to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

(3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

Conditions on warrant

(4) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

(6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.

Use of force

(8) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(9) No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Assistance

(10) An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.

Return of seized items

(11) An investigator who seizes any thing under this section or section 18.1 may make a copy of it and shall return it within a reasonable time.

Admissibility

(12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

18.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Searches in exigent circumstances

18.2 (1) An investigator may exercise any of the powers described in subsection 18 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

Use of force

(3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Applicability of s. 18

(4) Subsections 18 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

(10) The Act is amended by adding the following heading immediately before section 19:

General

(11) Subsection 19 (1) of the Act is amended by striking out “under section 16, 17 or 18” in the portion before clause (a).

(12) Subsection (11) applies only if subsection 9 (2) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 has not come into force by the day subsection (11) comes into force.

(13) Clause 25 (l) of the Act is repealed and the following substituted:

(l) governing the application of sections 12.1 to 12.3, including, without limiting the generality of the foregoing,

(i) governing how a consumer may make a requirement under subsection 12.1 (1) or (5),

(ii) prescribing, for the purposes of subsection 12.1 (2), other methods of contacting the consumer,

(iii) prescribing a period, for the purposes of subsection 12.1 (8), after which an alert expires,

(iv) governing the fees a consumer reporting agency may require to be paid under subsection 12.1 (10), including providing for circumstances in which fees may not be charged,

(v) defining “extension of credit” or “loaning of money” for the purposes of clause 12.3 (3) (a) and prescribing other transactions for the purposes of clause 12.3 (3) (b),

(vi) providing for exemptions from section 12.1, 12.2 or 12.3, including exempting a consumer reporting agency or other person from section 12.1, 12.2 or 12.3, prescribing circumstances in respect of which section 12.1, 12.2 or 12.3 do not apply or exempting transactions from section 12.3;

Corporations Act

10. (1) Clause 96.1 (b) of the Corporations Act is repealed and the following substituted:

(b) the annual income of the company is less than $100,000; and

(2) Subsection 133 (2.1) of the Act is repealed.

Discriminatory Business Practices Act

11. (1) Section 1 of the Discriminatory Business Practices Act is amended by adding the following definitions:

“investigator” means an investigator appointed under subsection 8 (1); (“enquêteur”)

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

(2) Subsection 8 (3) of the Act is repealed and the following substituted:

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 8.1, shall, upon request, produce the certificate of appointment as an investigator.

(3) Subsection 8.1 (1) of the Act is amended by striking out “appointed under this Act” in the portion before clause (a).

(4) Section 8.2 of the Act is repealed and the following substituted:

Seizure of things not specified

8.2 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Electricity Act, 1998

12. (1) Section 112.1 of the Electricity Act, 1998 is amended by adding the following definition:

“investigator” means an investigator appointed under this Part; (“enquêteur”)

(2) Section 113 of the Act is repealed and the following substituted:

Electrical Safety

Regulations, LG in C

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

(a) prescribing the design, construction, installation, protection, use, maintenance, repair, extension, alteration, connection and disconnection of all works, matters and things used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario;

(b) prohibiting the use, advertising, display, offering for sale, or other disposal, and the sale or other disposal, publicly or privately, in Ontario, of any such works, matters and things unless and until they have been inspected and approved, or deemed approved;

(c) prescribing the precautions to be taken in the sale or other disposal of such works, matters and things and the warnings and instructions to be given to purchasers and others in advertisements, by circular, labelling, including by tag, seal or other form of labelling, or otherwise, to prevent their use in such manner or under such conditions as may be likely to result in undue hazard to persons or property;

(d) providing for the inspection, test and approval of such works, matters and things before being used in the generation, transmission, distribution, retail or use of electricity in Ontario, and for a process for granting, renewing, suspending, revoking and reinstating approvals for the works, matters and things before they are used for any of those purposes;

(e) requiring compliance with any code, standard, guideline or procedure under a rule of a person retailing electricity to such works, matters and things.

Regulations, Minister

(2) The Minister may make regulations,

(a) adopting by reference, in whole or in part, with such changes as the Minister considers necessary or advisable, any code or standard that governs any matter set out in subsection (1) and requiring compliance with any code or standard that is so adopted;

(b) establishing a code of ethics and a committee for the purpose of governing the conduct of authorization holders.

Rolling incorporation

(3) If a regulation under clause (2) (a) so provides, a code or standard adopted by reference shall be a reference to it, as amended from time to time, and whether the amendment was made before or after the regulation was adopted.

Delegation

(4) Despite subsection 3 (4) of the Safety and Consumer Statutes Administration Act, 1996, the Minister may, by regulation, delegate to the Authority the power to make some or all of the regulations under clause (2) (a) or (b).

Temporary codes, testing organizations, variations

(5) A director may, in writing,

(a) authorize, subject to such conditions as may be specified and for a limited time, the use of codes, standards, guidelines, plans, specifications and procedures or changes to codes, standards, guidelines, plans, specifications and procedures necessary to accommodate new developments or technological advances and require compliance with them and permit, subject to such conditions as may be specified, variances from them;

(b) designate organizations to test any thing for which standards, plans or specifications are established under this Part and provide for and require the placing of the organization’s label on the thing or any parts of the thing that conform to the standards, plans or specifications;

(c) subject to such conditions as he or she may specify, allow a variance from any regulation made by the Minister under clause (2) (a) if, in his or her opinion, the variance would not detrimentally affect the safe use of the thing to which the regulation applies or the health or safety of any person.

Regulations Act

(6) The Regulations Act does not apply to subsection (5).

Issuing of plans and specifications

(7) The Authority may, in accordance with the regulations, prepare and issue plans and specifications governing the design, construction and test of works, matters and things used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario, and may alter such plans and specifications.

Appointment of persons to inspect and test

(8) The Authority may appoint persons, associations or organizations having, in the opinion of the Authority, special knowledge and facilities to inspect, test and report on any works, matters and things mentioned in subsection (1).

Prohibition on holding out

(9) No person shall hold themself out as a person who has been appointed under subsection (8) if the person has not been so appointed.

Approval by adoption of report

(10) The Authority may approve any work, matter and thing mentioned in subsection (1) by adopting a report made under subsection (8), or otherwise, as the Authority considers advisable.

Orders relating to installations, alterations, etc.

(11) The Authority may issue such orders relating to work to be done, or the removal of things used, in the installation, removal, alteration, repair, protection, connection or disconnection of any of the works, matters and things mentioned in subsection (1) as the Authority considers necessary or advisable for the safety of persons or the protection of property and, in any such order or after having made it, the Authority may order any person to cease and desist from doing anything intended or likely to interfere with the terms of the order.

Offences

(12) Every person,

(a) disturbing or interfering with an inspector or other officer in the performance of the inspector’s or officer’s duty under this section is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;

(b) refusing or neglecting to comply with this section, or with any regulation, plan or specification made under its authority, is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;

(c) refusing or neglecting to comply with an order issued by the Authority under subsection (11) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and a further fine of not more than $5,000 for each day upon which such refusal or neglect is repeated or continued.

Same, corporation

(13) A corporation that is guilty of an offence described in subsection (12) is liable, on conviction, to a fine of not more than $1,000,000.

Section not to apply to mines

(14) This section does not apply to a mine as defined in the Mining Act, save only as regards any dwelling house or other building not connected with or required for mining operations or purposes or used for the treatment of ore or mineral.

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

Prohibitions

Causing damage

113.0.1 (1) No person shall damage or cause any damage to any work, matter or thing used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario.

Interference

(2) No person shall interfere with any work, matter or thing used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario in the course of alterations or repairs to non-electrical equipment or structures except where it is necessary to disconnect or move components of an electrical installation, in which event it shall be the responsibility of the person carrying out the alterations or repairs to ensure that the electrical installation is restored to a safe operating condition as soon as the progress of the alterations or repairs permits.

Removal of labels

(3) No person shall, without the consent of the Director, remove any label, tag, seal or warning, as prescribed by the regulations, applied by the Authority to any work, matter or thing used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario.

(4) Subsection 113.2 (1) of the Act is repealed and the following substituted:

Authorization

(1) Except as provided in the regulations, no person shall carry out or propose to carry out, or permit or employ another person to carry out, an activity referred to in the regulations as requiring an authorization without first obtaining an authorization in accordance with this Part and the regulations.

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

Definition

113.12.1 In  sections 113.13 to 113.14.3,

“electrical product or device” means any thing used or to be used in the generation, transmission, distribution, retail or use of electricity.

(6) Sections 113.13 and 113.14 of the Act are repealed and the following substituted:

Inspections

113.13 (1) The Authority or a person appointed as an inspector in writing by the Authority may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time any land or premises, including the business premises of an authorization holder, for the purpose of,

(a) ensuring compliance with this Act and the regulations; or

(b) determining that the authorization holder remains entitled to the authorization.

Limitations on power to enter

(2) An inspector shall not,

(a) use force to enter and inspect land and premises under this section; or

(b) enter any part of premises that are being used as a dwelling, except with the consent of the owner or occupier.

Identification

(3) An inspector shall produce, on request, evidence of his or her appointment as an inspector.

Powers on inspection

(4) An inspector conducting an inspection on any land or in any premises, including premises of an authorization holder, may,

(a) examine all documents, records, electrical products, devices and other things that are relevant to the inspection;

(b) require a person on the premises being inspected to produce a document, record or other thing that is relevant to the inspection;

(c) use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or a record that is relevant to the inspection and that is in any form; and

(d) subject to subsection (5), on giving a receipt for it, remove any thing relevant to the inspection, including a document, a record, a data storage disk or a retrieval device needed to produce information.

Electrical product not included

(5) An electrical product or device may not be removed under clause (4) (d).

Obligation to produce and assist

(6) A person who is required to produce a document, record, electrical product or device, or other thing under clause (4) (b) shall produce it and shall, on request by the inspector, provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce information or a record that is relevant to the inspection and that is in any form.

Obstruction prohibited

(7) No person shall obstruct an inspector executing his or her duties or withhold from him or her or conceal, alter or destroy any document, record, electrical product or device or other thing that is relevant to the inspection.

Copy and return of removed things

(8) An inspector who removes any document, record or other thing under clause (4) (d) may make a copy of it and shall promptly return it to the person being inspected.

Admissibility of copies

(9) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Order to turn over or retain electrical product or device

113.13.1 (1) An inspector who is lawfully present in a place and who believes on reasonable grounds that an electrical product or device in the place is being sold or offered for sale in contravention of this Part or the regulations may order, orally or in writing, a person in the place,

(a) to turn the electrical product or device over to the inspector; or

(b) to retain and preserve the electrical product or device in accordance with the regulations.

Obligation to retain electrical product or device

(2) A person who fails to immediately comply with an order to turn over the electrical product or device issued under subsection (1) shall retain and preserve the electrical product or device that was the subject of the order in accordance with the regulations.

Inspector to inform director

(3) When an inspector issues an order under subsection (1), he or she shall promptly inform the director and, where the order is in writing, provide him or her with a copy of the order.

Warrant to seize electrical product or device

113.13.2 (1) On application made without notice by an inspector appointed under subsection 113.13 (1), a justice of the peace may issue a warrant if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) an inspector issued an order to turn over an electrical product or device or to retain and preserve such a product or device under subsection 113.13.1 (1);

(b) the person who was issued the order failed to comply with it; and

(c) the electrical product or device was being sold or offered for sale in contravention of this Part or the regulations.

Powers under warrant

(2) Subject to any conditions contained in the warrant, a warrant issued under subsection (1) authorizes an inspector appointed under subsection 113.13 (1) to,

(a) enter or access the place in which a person is required to retain and preserve the electrical product or device under clause 113.13.1 (1) (b) and subsection 113.13.1 (2);

(b) require a person to produce the electrical product or device in question; and

(c) seize the electrical product or device in question.

Obligation to produce and assist

(3) A person who is required to do so by an inspector under clause (2) (b) shall produce the electrical product or device in question.

Entry of dwelling

(4) Despite subsection (2), an inspector shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

Conditions on search warrant

(5) A warrant shall contain such conditions as the justice of the peace considers advisable to ensure that any entry and seizure authorized by the warrant is reasonable in the circumstances.

Assistance

(6) A warrant may authorize persons who have special, expert or professional knowledge, and such other persons as may be necessary, to accompany and assist the inspector in respect of the execution of the warrant.

Time of execution

(7) An entry or access under a warrant shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(8) A warrant shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may, on application without notice by the inspector, extend the date of expiry for an additional period of no more than 30 days.

Use of force

(9) An inspector may call upon police officers for assistance in executing a warrant and the inspector may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(10) No person shall obstruct an inspector executing a warrant.

Inspector to inform director

(11) When an inspector seizes an electrical product or device under this section, he or she shall promptly inform the director.

Release or Forfeiture of Electrical Product or Device

Application of section

113.13.3 (1) This section applies in respect of an electrical product or device that,

(a) was turned over to an inspector in response to an order issued under subsection 113.13.1 (1);

(b) was retained and preserved in response to an order issued under subsection 113.13.1 (1), or in accordance with subsection 113.13.1 (2); or

(c) was seized by an inspector in accordance with the regulations under a warrant issued under subsection 113.13.2 (1).

Application for release of electrical product or device

(2) Within 10 days of an electrical product or device being turned over or seized or ordered to be retained and preserved, a person who claims an interest in the electrical product or device may apply to the director for the release of the electrical product or device.

Hearing

(3) Subject to subsection (4), a person who applies for the release of the electrical product or device within the time permitted under subsection (2) is entitled to a hearing before the Director.

Director may refuse hearing

(4) The director may refuse to hold a hearing if the person who applies for the release of the electrical product or device is not the person who turned over the electrical product or device, who retained and preserved it or from whom it was seized and the director is not satisfied that the person has an interest in the electrical product or device.

Director’s determination

(5) After a hearing, the director may,

(a) release to the person the electrical product or device that he or she determines was not sold or offered for sale in contravention of this Part or the regulations; or

(b) direct that the electrical product or device that he or she determines was sold or offered for sale in contravention of this Part or the regulations is forfeited to the Crown.

Forfeiture in other circumstances

(6) The director may direct that the electrical product or device is forfeited to the Crown if,

(a) no person applies for the release of the electrical product or device within the time permitted under subsection (2);

(b) the director refuses to hold a hearing under subsection (4); or

(c) the person who applied for the release of the electrical product or device does not appear at the hearing.

Decision final

(7) Any determination or direction made by the director under this section is final.

Appointment of investigators

113.14 (1) The Authority may appoint persons to be investigators for the purpose of conducting investigations.

Identification

(2) An investigator shall produce, on request, evidence of his or her appointment as an investigator.

Search warrant

113.14.1 (1) On application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Part or the regulations or has committed an offence that is relevant to the person’s fitness for holding an authorization under this Part; and

(b) there is,

(i) on any land or in any building, dwelling, container or place any thing relating to the contravention of this Part or the regulations or to the person’s fitness for holding an authorizaton, or

(ii) information or evidence relating to the contravention of this Part or the regulations or the person’s fitness for holding an authorization that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

(2) Subject to any conditions contained in the warrant, a warrant issued under subsection (1) authorizes an investigator to,

(a) enter or access the land, building, dwelling, container or place specified in the warrant, and examine and seize any thing described in the warrant;

(b) use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

(c) require a person to produce the information or evidence described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the information or evidence described in the warrant; and

(d) use any investigative technique or procedure described in the warrant or do anything described in the warrant.

Obligation to produce and assist

(3) A person who is required to do so by an investigator under clause (2) (c) shall produce information or evidence described in the warrant and shall provide whatever assistance is reasonably necessary to produce the information or evidence in any form.

Entry of dwelling

(4) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

Conditions on search warrant

(5) A warrant shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Assistance

(6) A warrant may authorize persons who have special, expert or professional knowledge, and such other persons as may be necessary, to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

(7) An entry or access under a warrant shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(8) A warrant shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may, on application without notice by the investigator, extend the date of expiry for an additional period of no more than 30 days.

Use of force

(9) An investigator may call upon police officers for assistance in executing a warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(10) No person shall obstruct an investigator executing a warrant or withhold from him or her or conceal, alter or destroy anything relevant to the investigation.

Return of seized things

(11) Subject to subsection (12), an inspector who seizes any thing under this section may make a copy of it and shall return it within a reasonable time.

Return of seized things not required

(12) An investigator is not required to return an electrical product or device seized under this section where the investigator believes on reasonable grounds that the electrical product or device was sold or offered for sale in contravention of this Part or the regulations.

Admissibility of copies

(13) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

No warrant required in exigent circumstances

113.14.2 (1) Although a warrant issued under subsection 113.14.1 (1) would otherwise be required, an investigator may exercise any of the powers described in subsection 113.14.1 (2) without a warrant if the conditions for obtaining the warrant exist but because of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to any part of a building that is being used as a dwelling.

Use of force

(3) An investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Application of other provisions

(4) Subsections 113.14.1 (6), (10), (11), (12) and (13) apply, with necessary modifications, to the exercise of powers under this section.

Seizure of things in plain view

113.14.3 (1) An investigator who is lawfully present in a place under a warrant may seize any thing that is in plain view if the investigator believes on reasonable grounds that the thing will afford evidence of a contravention of this Part or the regulations.

Return of seized thing

(2) Subsections 113.14.1 (11), (12) and (13) apply, with necessary modifications, to any thing seized under this section.

(7) Subsection 113.15 (1) of the Act is amended by striking out “(b) or (c)” at the end and substituting “(a) or (b)”.

(8) Section 113.18 of the Act is amended by striking out “113 (5)” and substituting “113 (11)”.

(9) Clause 113.20 (1) (b) of the Act is amended by striking out “113 (5)” and substituting “113 (11)”.

(10) Clause 113.20 (1) (c) of the Act is repealed and the following substituted:

(c) that refuses or neglects to comply with subsection 113.13 (6), 113.13.1 (2), 113.13.2 (3) or 113.14.1 (3) or (10) or disturbs or interferes with an inspector, investigator or other officer in the performance of a duty the inspector, investigator or officer was appointed to perform under this Part is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;

(11) Subsection 113.20 (1) of the Act is amended by adding the following clause:

(c.1) that contravenes or fails to comply with section 113.0.1 is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;

(12) Clause 113.20 (1) (e) of the Act is amended by striking out “(1) (e)” and substituting “(1) (a), (e),  (e.1) or (j)”.

(13) Subsection 113.20 (1) of the Act is amended by adding the following clauses:

(h) that knowingly holds out as genuine any document, certificate, identification card or any other document issued under this Part or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;

(i) that holds themself out as a holder of an authorization, an inspector, investigator or other official under this Part is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.

(14) Section 113.20 of the Act is amended by adding the following subsections:

Duty of director or officer

(3) Every director or officer of a corporation has a duty to take all reasonable care to prevent it from committing an offence under subsection (2).

Offence

(4) Every director or officer who has a duty under subsection (3) and fails to carry out that duty is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.

Separate offence

(5) Where a person contravenes any of the provisions of this Part, the regulations or any notice or order made under them on more than one day, the continuance of the contravention on each day shall be deemed to constitute a separate offence.

Administrative penalty

(6) A person against whom an administrative penalty has been levied by a designated administrative authority or, in the absence of such authority, by the Minister does not preclude a person from being charged with, and convicted of, an offence under this Part for the same matter.

Time limit

(7) No proceeding in respect of an alleged offence under this Part may be commenced after two years following the date on which the facts that gave rise to the alleged offence first came to the attention of the Director.

(15) Subsection 113.22 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Regulations

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

. . . . .

(16) Subsection 113.22 (1) of the Act is amended by adding the following clauses:

(e.1) governing the documents and records that must be kept by holders of authorizations, including the manner and location in which they are kept and the time periods for retaining such information and authorizing the Director to specify the location at which they must be kept;

. . . . .

(h) exempting any person, work, matter or thing from any provision of this Part or the regulations;

(i) defining electrical incidents or accidents and classes of incidents or accidents;

(j) providing for the reporting to the Authority of the electrical incidents or accidents referred to in clause (i), including the manner and time for reporting, and prescribing classes of persons who are required to make such reports;

(k) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part.

Access to Justice Act, 2006 (Bill 14)

(17) Subsection (19) applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent.

(18) References in subsection (19) to provisions of Bill 14 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 14 is renumbered, the references in that subsection shall be deemed to be references to the equivalent renumbered provisions of Bill 14.

(19) On the later of the day subsection (2) comes into force and the day section 130 of Schedule F to Bill 14 comes into force, subsection 113 (6) of the Electricity Act, 1998, as set out in subsection (2), is amended by striking out “The Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Film Classification Act, 2005

13. (1) Section 1 of the Film Classification Act, 2005 is amended by adding the following definition:

“investigator” means an investigator appointed under subsection 31 (1); (“enquêteur”)

(2) The following provisions of the Act are amended by striking out “appointed under subsection 31 (1)”:

1. Subsection 32 (1) in the portion before clause (a).

2. Subsection 32 (2) in the portion before clause (a).

Land Registration Reform Act

14. (1) Section 17 of the Land Registration Reform Act is amended by adding the following definitions:

“authorization”, in respect of an electronic document submitter, means the authorization that the submitter has obtained from the Director of Land Registration to submit electronic documents by direct electronic transmission to the electronic land registration database; (“autorisation”)

“electronic document submitter” means a person whom the Director of Land Registration has authorized to submit electronic documents by direct electronic transmission to the electronic land registration database; (“personne qui présente des documents électroniques”)

(2) Subsection 20 (2) of the Act is repealed.

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

Notice to registered owner

(4) When an electronic document that purports to effect a transfer or charge of land is delivered to the electronic land registration database by direct electronic transmission, the Director of Land Registration may have a notice of the delivery issued to the registered owner of the land by the means that Director specifies.

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

Suspending access to database

23.1 (1) The Director of Land Registration may, by order, immediately suspend the authorization of an electronic document submitter if he or she,

(a) has reasonable grounds to believe that the submitter has submitted an electronic document that,

(i) is not authorized by the registered owner of the land affected by the document or the holder of a registered interest in the land, or

(ii) is not otherwise authorized at law; or

(b) considers it in the public interest to do so.

No right to hearing

(2) The electronic document submitter is not entitled to a hearing in respect of a suspension made under subsection (1).

Length of suspension

(3) A suspension made under subsection (1) shall last until the earlier of the following times:

1. The time that a final determination is made under section 23.2 on the revocation of the authorization of the electronic document submitter.

2. The time that the Director of Land Registration withdraws the suspension under section 23.3, if applicable.

Service of order

(4) Upon making an order under subsection (1), the Director of Land Registration shall serve it on the electronic document submitter.

Revoking access to database

23.2 (1) If the Director of Land Registration has suspended the authorization of an electronic document submitter under section 23.1 and has not withdrawn the suspension under section 23.3, that Director shall, within two business days of the suspension, notify the submitter that he or she proposes to revoke the authorization.

Content of notice

(2) The notice of proposal shall set out the reasons for the proposed revocation and shall state that the electronic document submitter is entitled to a hearing by the Director of Land Registration if the submitter serves, within 15 days after service of the notice, a written request for a hearing on that Director.

Service

(3) The Director of Land Registration shall serve the notice of proposal on the electronic document submitter.

If no request for hearing

(4) If the electronic document submitter does not request a hearing in accordance with subsection (2), the Director of Land Registration may by order revoke the authorization of the submitter if,

(a) that Director is satisfied that the submitter has submitted an electronic document that,

(i) is not authorized by the registered owner of the land affected by the document or the holder of a registered interest in the land, or

(ii) is not otherwise authorized at law; or

(b) the past conduct of the submitter affords reasonable grounds for belief that,

(i) the submitter will submit an electronic document described in clause (a), or

(ii) the submitter will act in a manner that is contrary to the public interest.

Hearing

(5) If the electronic document submitter requests a hearing in accordance with subsection (2), the Director of Land Registration shall hold the hearing within 10 business days.

Written hearing

(6) The hearing shall be a written hearing unless the Director of Land Registration or the electronic document submitter requires that the hearing be an oral hearing.

Parties

(7) The parties to the proceeding described in subsection (6) are the electronic document submitter and the other persons whom that Director specifies.

Request for information

(8) The Director of Land Registration may request the electronic document submitter to provide that Director, in the form and within the time specified by that Director, proof of the submitter’s authorization and any other evidence that Director specifies.

Revocation

(9) After the hearing, the Director of Land Registration may by order revoke the authorization of the electronic document submitter if,

(a) the submitter fails to respond to a request described in subsection (8);

(b) that Director is satisfied that the submitter has submitted an electronic document that,

(i) is not authorized by the registered owner of the land affected by the document or the holder of a registered interest in the land, or

(ii) is not otherwise authorized at law; or

(c) the past conduct of the submitter affords reasonable grounds for belief that,

(i) the submitter will submit an electronic document described in clause (b), or

(ii) the submitter will act in a manner that is contrary to the public interest.

Appeal

(10) A party to the proceeding may appeal an order mentioned in subsection (4) or (9) to the Divisional Court, which may confirm the order or may order the Director of Land Registration to change the order or to make whatever other order the court thinks fit.

Withdrawal of suspension

23.3 (1) At any time after suspending the authorization of an electronic document submitter under section 23.1, the Director of Land Registration may, by order and without holding a hearing, withdraw the suspension if that Director has not revoked the authorization under section 23.2 and if that Director considers it in the public interest to withdraw the suspension.

Service of order

(2) If the Director of Land Registration makes an order under subsection (1) withdrawing a suspension of an authorization of an electronic document submitter,

(a) any notice of proposal that the Director of Land Registration has served under section 23.2 with respect to the authorization is void and any hearing commenced under that section with respect to the authorization is terminated; and

(b) the Director of Land Registration shall serve the order on the submitter.

Application for reinstatement

23.4 (1) Within a time period specified by the Director of Land Registration after the authorization of an electronic document submitter is revoked under section 23.2, the submitter may apply to have that Director reinstate the authorization.

Opportunity to be heard

(2) The Director of Land Registration shall give the applicant an opportunity to be heard.

Reinstatement

(3) The Director of Land Registration may, if of the opinion that it is appropriate to so do, reinstate the applicant’s authorization.

Notice

(4) The Director of Land Registration shall notify the applicant of his or her decision as to whether or not to reinstate the applicant’s authorization.

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

Service

29.2 (1) Any notice, order or request under this Part is sufficiently served if it is sent to the address that an electronic document submitter has provided to the Director of Land Registration for the purpose of obtaining his or her authorization and if it is,

(a) delivered personally;

(b) sent by registered mail; or

(c) sent in another manner if the sender can prove receipt of the notice, order or request.

Deemed service

(2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice, order or request until a later date.

Land Titles Act

15. (1) Section 1 of the Land Titles Act is amended by adding the following definitions:

“fraudulent instrument” means an instrument,

(a) under which a fraudulent person purports to receive or transfer an estate or interest in land,

(b) that is given under the purported authority of a power of attorney that is forged,

(c) that is a transfer of a charge where the charge is given by a fraudulent person, or

(d) that perpetrates a fraud as prescribed with respect to the estate or interest in land affected by the instrument; (“acte frauduleux”)

“fraudulent person” means a person who executes or purports to execute an instrument if,

(a) the person forged the instrument,

(b) the person is a fictitious person, or

(c) the person holds oneself out in the instrument to be, but knows that the person is not, the registered owner of the estate or interest in land affected by the instrument; (“fraudeur”)

(2) Subsections 57 (4) and (5) of the Act are repealed and the following substituted:

Compensation from Fund

(4) A person is entitled to compensation from the Assurance Fund if,

(a) the person is wrongfully deprived of land or of some estate or interest in land by reason of,

(i) the land being brought under this Act,

(ii) some other person being registered as owner through fraud, or

(iii) any misdescription, omission or other error in a certificate of ownership or charge or in an entry on the register;

(b) the person has demonstrated the requisite due diligence as specified by the Director if the person is wrongfully deprived of land or of some estate or interest in land by reason of some other person being registered as owner through fraud;

(c) the person is unable under subsection (1) or otherwise to recover just compensation for the person’s loss; and

(d) the person makes an application for compensation within the time period specified in subsection (5.1).

Earlier payment

(4.1) A person who is a member of a prescribed class of persons is entitled to compensation from the Assurance Fund if,

(a) one of the following conditions is met:

(i) the person is wrongfully deprived of land or of some estate or interest in land or has not received land or some estate or interest in land by reason of the registration of an instrument described in clause (13) (b) and the Director of Titles or a court, under that clause, has directed that the registration of the instrument be deleted from the register,

(ii) the person is wrongfully deprived of land or of some estate or interest in land or has not received land or some estate or interest in land by reason of a rectification of the register made under clause (13) (a) or (c);

(b) the person has demonstrated the requisite due diligence as specified by the Director with respect to the instrument that is the subject of the rectification; and

(c) the person makes an application for compensation within the time period specified in subsection (5.1).

Same

(4.2) A person who is a member of a prescribed class of persons is entitled to compensation from the Assurance Fund if,

(a) the Director of Titles or a court, under clause (13) (b), has directed that the registration of an instrument described in that clause be deleted from the register;

(b) the person has suffered a loss as a result of the deletion described in clause (a); and

(c) the person makes an application for compensation within the time period specified in subsection (5.1).

Reliance on automated index

(5) A person who suffers damage because of an error in recording an instrument affecting land designated under Part II of the Land Registration Reform Act in the parcel register is entitled to compensation from the Assurance Fund if the person makes an application for compensation within the time period specified in subsection (5.1).

Time for application

(5.1) A person claiming to be entitled to the payment of compensation under subsection (4), (4.1) or (5) shall make an application within six years from the time of having suffered the loss described in the applicable subsection or, in the case of a person under the disability of minority, mental incompetency or unsoundness of mind, within six years from the date at which the disability ceased.

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

Hearing

(7) Except if he or she determines the claim be paid in full, the Director of Titles may hold a hearing, and the claimant and the other persons that the Director of Titles specifies are parties to the proceeding before the Director.

(4) Section 57 of the Act is amended by adding the following subsection:

Recovery of compensation paid in error

(11.1) If, after compensation is paid out of the Assurance Fund, the Director of Titles determines that any part of the compensation was paid in error for any reason, including on the basis of any misrepresentation or any lack of information available at the time of making the payment, the Director of Titles may commence an action to recover the amount of that part from the person who received it.

(5) Subsection 57 (12) of the Act is repealed and the following substituted:

Subrogation

(12) If any amount is paid out of the Assurance Fund to an applicant in respect of a loss, the Director of Titles is subrogated to the right of the applicant and the applicant’s heirs, executors, successors and assigns to recover compensation or damages from any person in respect of the loss, and the certificate of the Director of Titles of the payment out of the Assurance Fund is sufficient proof of the payment.

Agreements

(12.1) For the purposes of subsection (12), the Director of Titles may enter into agreements with any person or body that is liable to make any payment to a person who has received compensation from the Assurance Fund if the liability arises out of conduct that gave rise to the payment made from the Assurance Fund.

(6) Subsection 57 (13) of the Act is repealed and the following substituted:

Rectification of register

(13) Subject to subsection (14), the Director of Titles may, in the first instance or after a reference to a court, or a court may direct the rectification of the register if,

(a) a registered instrument would be absolutely void if unregistered;

(b) the Director of Titles or a court, as the case may be, is satisfied, on the basis of evidence that the Director of Titles specifies or the court orders, that a fraudulent instrument has been registered on or after October 19, 2006; or

(c) the effect of the error, if not rectified, would be to deprive a person of land of which the person is legally in possession or legally in receipt of the rents and profits.

Notice to Director of Titles

(14) A court shall not direct the rectification of the register under clause (13) (b) unless the applicant in the proceeding before the court has given notice of the proceeding to the Director of Titles and the Director of Titles is a party to the proceeding.

Caution in case of fraud

(15) If it appears to the Director of Titles that a registered instrument may be fraudulent, the Director of Titles may of his or her own accord and without affidavit enter a caution to prevent dealing with the registered land.

Hearing

(16) If the Director of Titles has entered a caution under subsection (15), the Director of Titles may hold a hearing before making any rectification of the register under subsection (13) and subsections 10 (4), (5) and (6) apply to the hearing.

Power to summon witnesses

(17) For the purposes of the hearing, the Director of Titles may exercise the powers described in subsections 20 (1), (2) and (3) with necessary modifications and the reference in subsection 20 (1) to an applicant is deemed to be a reference to any party to the hearing.

Same

(18) Subsections 20 (4) to (7) apply to the hearing with necessary modifications.

Assistance

(19) The Director of Titles may, in the course of the hearing, require a party to the hearing to produce a document or record and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce information in any form, and the person shall produce the document or record or provide the assistance.

(7) The French version of the following provisions of the Act is amended by striking out “réclamation” wherever that expression appears and substituting in each case “demande”:

1. Subsection 58 (2).

2. Clause 59 (1) (a).

3. Subsection 59 (2).

(8) Subsection 59 (1) of the Act is amended by striking out “or” at the end of clause (b) and by adding the following clauses:

fraud

(d) if the person knowingly participates or colludes in a fraud with respect to the interest or right on which the claim is founded;

subrogated claim

(e) if the interest or right on which the claim is founded is derived on or after October 19, 2006 from a subrogated claim; or

claim of insurer

(f) if the person makes the claim, on or after October 19, 2006, on behalf of an insurer of the person.

(9) The Act is amended by adding the following sections:

Inspection

59.1 (1) In this section,

“inspector” means the Director of Titles or a person designated in writing by that Director when exercising any of the powers set out in this section.

Powers

(2) Upon having a reasonable belief that a person described in subsection (3) is likely to have information relevant to determining whether a payment of compensation out of The Land Titles Assurance Fund is authorized under subsection 57 (4.1), an inspector may,

(a) require that the person produce for inspection and examination, in a readable form, any documents and records that may contain the information;

(b) require that the person provide whatever assistance is reasonably necessary to produce documents and records in a readable form when required to do so under clause (a), including using any data storage, processing or retrieval device or system for that purpose;

(c) upon giving a receipt for them, copy any of the things that the person is required to produce under clause (a) if the inspector returns the things promptly to the person who produced them; and

(d) require that the person answer all inquiries relevant to the information.

Persons being inspected

(3) The persons who are subject to an inspection under subsection (2) are every person who is registered as the owner of land or some estate or interest in land with respect to which an application for compensation from The Land Titles Assurance Fund is made under subsection 57 (4.1) or who was registered as such at the time the claim for compensation arose.

Identification

(4) An inspector shall produce, on request, evidence of the authority to carry out an inspection.

No obstruction

(5) No person shall,

(a) obstruct an inspector conducting an inspection;

(b) withhold from the inspector or conceal information that is relevant to the inspection; or

(c) withhold from the inspector or conceal, alter or destroy any documents or records that are relevant to the inspection.

Admissibility of copies

(6) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Offence

59.2 A person who contravenes subsection 59.1 (5) is guilty of an offence and, on conviction, is liable to,

(a) a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day, or both, if the person is an individual; and

(b) a fine of not more than $250,000, if the person is a corporation.

(10) Section 78 of the Act is amended by adding the following subsections:

Exception

(4.1) Subsection (4) does not apply to a fraudulent instrument that is registered on or after October 19, 2006.

Non-fraudulent instruments

(4.2) Nothing in subsection (4.1) invalidates the effect of a registered instrument that is not a fraudulent instrument described in that subsection, including instruments registered subsequent to such a fraudulent instrument.

(11) Sections 155 and 156 of the Act are repealed and the following substituted:

Fraudulent dispositions

155. Subject to this Act, a fraudulent instrument that, if unregistered, would be fraudulent and void is, despite registration, fraudulent and void in like manner.

Offences

156. (1) A person is guilty of an offence if the person fraudulently procures or attempts to fraudulently procure a fraudulent entry on the register, an erasure or deletion from the register or an alteration of the register.

Penalty

(2) A person who is convicted of an offence under this section is liable to,

(a) a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day, or both, if the person is an individual; and

(b) a fine of not more than $250,000, if the person is a corporation.

Order for compensation or restitution

(3) If a person is convicted of an offence under this section, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or to make restitution.

Limitation

(4) No proceeding under this section shall be commenced more than six years after the facts upon which the proceeding is based first came to the knowledge of the Director of Titles.

Evidence

(5) A statement as to the time when the facts on which the proceeding is based first came to the knowledge of the Director of Titles, that purports to be certified by the Director, is, without proof of the Director’s office or signature, admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it.

(12) Section 163 of the Act is amended by adding the following subsections:

Regulations

(0.1) The Lieutenant Governor in Council may make regulations governing the publication of information, including personal information as defined in the Freedom of Information and Protection of Privacy Act, regarding fraud or suspected fraud in the land titles system.

Disclosure permitted

(0.2) Any information published under the authority of a regulation made under subsection (0.1) is deemed to have been disclosed in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.

(13) Section 163.1 of the Act is amended by adding the following subsection:

Director’s orders

(1.1) The Director of Titles may make orders,

(a) specifying evidence for the purposes of clause 57 (13) (b); or

(b) specifying what constitutes the requisite due diligence for the purposes of clause 57 (4) (b) or (4.1) (b).

(14) Subsection 163.1 (2) of the Act is amended by adding “or by the Director of Titles under subsection (1.1)” after “subsection (1)”.

Liquor Licence Act

16. (1) The definition of “brew on premise facility” in section 1 of the Liquor Licence Act is repealed.

(2) Section 1 of the Act is amended by adding the following definitions:

“conservation officer” means a conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997 who is engaged in carrying out his or her duties; (“agent de protection de la nature”)

“ferment on premise facility” means premises where equipment for the making of beer or wine on the premises is provided to individuals;  (“centre de fermentation libre-service”)

(3) Section 1 of the Act is amended by adding the following subsection:

Interpretation of “interested person”

(2) For the purposes of this Act, a person is deemed to be interested in another person if,

(a) the first person has, or may have in the opinion of the Registrar based on reasonable grounds, a beneficial interest of any kind, either directly or indirectly, in the other person’s business, including but not limited to a holder, directly or indirectly, of shares or other securities;

(b) the first person exercises, or may exercise in the opinion of the Registrar based on reasonable grounds, direct or indirect control over the other person’s business; or

(c) the first person has provided, or may have provided in the opinion of the Registrar based on reasonable grounds, direct or indirect financing to the other person’s business.

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

Licence required, ferment on premise facility

5.1 No person shall operate a ferment on premise facility except under the authority of a licence to operate such a facility.

(5) Subsection 6 (2) of the Act is amended by striking out “or” at the end of clause (g) and by adding the following clause:

(g.1) the applicant is not able to demonstrate to the satisfaction of the Registrar that he, she or it will exercise sufficient control, either directly or indirectly, over the business, including the premises, accommodation, equipment and facilities in respect of which the licence is to be issued; or

(6) Paragraphs 3, 4 and 5 of subsection 6 (3) of the Act are repealed and the following substituted:

3. A person who is interested in another person, as described in subsection 1 (2).

4. A person having responsibility for the management or operation of the business of the applicant.

(7) The English version of subsection 6 (4.2) of the Act is amended by striking out “once the Board has” and substituting “after having”.

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

(9) Subsection 6 (6) of the Act is amended by striking out “brew on premise facility” and substituting “ferment on premise facility”.

(10) Section 6 of the Act is amended by adding the following subsection:

Two-year prohibition on applying for licence after refusal or revocation

(7) No person who is refused a licence to sell liquor or who is refused a renewal of a licence to sell liquor or whose licence to sell liquor is revoked for any ground set out in clauses (2) (a) to (f.1) may apply to the Registrar for a licence to sell liquor until two years have passed since the refusal or revocation.

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

Inquiries

6.1 (1) The Registrar may make such inquiries and conduct such investigations into the character, financial history and competence of an applicant for any licence under this Act, or a renewal of a licence, the holder of a licence, or persons interested in the holder of the licence or interested in the premises to which the licence relates, or a director, officer or shareholder of any such person, as are necessary to determine whether the applicant or licensee meets the requirements of this Act and the regulations.

Corporations or partnerships

(2) If the applicant or holder of the licence is a corporation or partnership, the Registrar may make inquiries into or conduct investigations of the directors, officers, shareholders or partners of the applicant, the holder of the licence or persons interested in the holder, the owner, or persons interested in the owner, of the premises to which the licence relates or would relate if the licence were issued.

Costs

(3) The applicant or licensee shall pay the reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment.

Collection of information

(4) The Registrar may require information or material from any person who is the subject of the inquiries or investigations and may request information or material from any person who the Registrar has reason to believe can provide information or material relevant to the inquiries or investigations.

Verification of information

(5) The Registrar may require that any information provided under subsection (4) be verified by statutory declaration.

Disclosure

(6) Despite section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, the head of an institution within the meaning of those Acts shall disclose to the Registrar the information or material that the Registrar requires under subsection (4).

(12) Clause 7 (1) (a) of the Act is amended by striking out “and” at the end and substituting “or”.

(13) Subsection 7 (2) of the Act is amended by adding at the end “or if the Registrar is satisfied that, having regard to the applicant for the licence, the location of the premises to which the licence will apply and the needs and wishes of the residents of the municipality in which the premises are located, the issuance of the licence is in the public interest”.

(14) Clauses 8 (2) (a) and (b) of the Act are repealed and the following substituted:

(a) approve the application if the applicant is not disentitled under subsection 6 (2), (4) or (4.1);

(b) issue a proposal to review the application; or

(c) issue a proposal to refuse the application.

(15) Subsection 8 (4) of the Act is amended by striking out “or” at the end of clause (b) and by adding the following clause:

(b.1) issue a proposal to refuse the application; or

(16) Subsection 8 (5) of the Act is repealed and the following substituted:

No notice

(5) If no notice of an application is given under subsection 7 (1) because the applicant is disentitled under clauses 6 (2) (a) to (g.1) or subsection 6 (4) or (4.1), the Registrar shall issue a proposal to refuse to issue the licence.

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

Risk-based licensing

8.1 (1) The Board may establish criteria for holders of licences to sell liquor and for premises in respect of which a licence to sell liquor is issued based on factors related to the risk to the public, public safety, the public interest and the risk of non-compliance with the Act and the regulations by the holder of a licence.

Conditions

(2) The Board, where it has established criteria under subsection (1), may specify conditions that may be imposed on a holder’s licence to sell liquor and on the premises in respect of which the licence is issued.

Designations

(3) Based on the Registrar’s assessment of risk, he or she may designate holders of licences and premises in respect of which a licence to sell liquor is issued in accordance with the criteria established by the Board and may impose on the holder’s licence one or more conditions from among those specified by the Board.

Redesignations

(4) The Registrar may redesignate a holder of a licence or the premises if there is a change in circumstances that satisfies the Registrar that the holder of the licence or the premises should be redesignated and, on redesignation, the Registrar may add, remove or otherwise change the conditions imposed on the licence and premises.

Consolidation of licences to sell liquor

(5) The Registrar may consolidate two or more licences to sell liquor into one licence to sell liquor where the premises in respect of which the licences have been or are to be issued are contiguous, adjacent to or reasonably related to each other and,

(a) the holder of each licence is the same person; or

(b) the holders of the licences are related parties or interested persons as described in subsection 1 (2).

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

Exception

(7) Despite a direction made under clause (5) (b) or approval under clause 5 (a) or subsection (6), the Registrar may issue a notice of proposal to refuse to issue the licence.

(19) Subsections 11.1 (1) and (2) of the Act are amended by striking out “brew” wherever that expression appears and substituting in each case “ferment”.

(20) Subsection 12 (1) of the Act is amended by striking out “brew” and substituting “ferment”.

(21) Subsection 13 (2) of the Act is amended by striking out “brew” and substituting “ferment”.

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

Removal of conditions

(2) A member of the Board may, on the application of a licensee, remove a condition of a licence, other than a prescribed condition or a condition attached pursuant to section 8.1, subsection 10 (4), 11 (5), 11.1 (4) or clause (1) (a), if there is a change in circumstances.

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

Removal of condition

14.1 The Registrar may, on the application of a licensee, remove a condition that was attached pursuant to subsection 10 (4), 11 (5), 11.1 (4) or clause 14 (1) (a), if there is a change in circumstances that satisfies the Registrar that the condition is no longer appropriate.

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

Same, manufacturer’s licence

(4) The Registrar may issue a proposal to revoke or suspend a manufacturer’s licence or refuse to renew such a licence for any ground under clause 6 (2) (a), (d), (e), (f) or (g), or if the licensee has failed to pay any fees, charges or levies or the licensee has contravened this Act, the regulations or a condition of the licence.

(25) Subsection 15 (5) of the Act is amended by striking out “brew” and substituting “ferment”.

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

Change of ownership of business or change of licensee

16. Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence or a change of licensee, no person shall keep for sale, offer for sale or sell liquor, deliver liquor for a fee or operate a ferment on premise facility under the authority of the licence unless the licence is transferred by the Registrar in accordance with this Act and the regulations.

(27) Subsection 17 (1) of the Act is amended by striking out “brew” and substituting “ferment”.

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

Requirements, licence to sell liquor

(2) An applicant for the transfer of a licence to sell liquor is entitled to the transfer except if,

(a) the applicant would not be entitled to the issuance of a licence for any ground under clauses 6 (2) (a) to (g.1) or subsection 6 (4) or (4.1); or

(b) the Registrar has issued a notice of proposal in respect of the holder of the licence or the premises.

(29) Subsection 17 (2.1) of the Act is repealed and the following substituted:

Same, licence to operate ferment on premise facility

(2.1) An applicant for the transfer of a licence to operate a ferment on premise facility is entitled to the transfer except if the applicant would not be entitled to the issuance of a licence for any ground under clauses 6 (2) (a) to (g.1).

(30) Subsection 17 (3) of the Act is amended by striking out “(g)” and substituting “(g.1)”.

(31) Subsection 18 (1) of the Act is amended by striking out “brew” and substituting “ferment”.

(32) Subsection 19 (9) of the Act is repealed and the following substituted:

Removal of conditions

(9) A member of the Board may, on the application of a permit holder, remove a condition of a permit, other than a prescribed condition or a condition attached pursuant to subsection (5) or clause (8) (a).

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

Removal of condition

(10.1) The Registrar may, on the application of a permit holder, remove a condition that was attached pursuant to subsection (5) or clause (8) (a), if there is a change in circumstances that satisfies the Registrar that the condition is no longer appropriate.

(34) Subsection 19 (11) of the Act is amended by striking out “issue a proposal to”.

(35) Subsection 19 (12) of the Act is repealed.

(36) Subsection 19 (13) of the Act is amended by striking out “(12)” and substituting “(11)”.

(37) Subsection 20 (4) of the Act is repealed and the following substituted:

Exception

(4) An order to disqualify premises shall remain in effect until at least two years have passed since the order and shall remain in effect until the Registrar is of the opinion that the order is no longer required.

(38) Subsection 21 (1) of the Act is amended by adding the following paragraph:

1.1 Refuse an application for a licence to sell liquor.

(39) Paragraph 3 of subsection 21 (1) of the Act is amended by striking out “brew” and substituting “ferment”.

(40) Paragraph 5 of subsection 21 (1) of the Act is amended by striking out “other than a manufacturer’s licence”.

(41) Subsections 22 (2), (3), (4) and (5) of the Act are amended,

(a) by striking out “Board” wherever that expression appears and substituting in each case “Registrar”; and

(b) by striking out “Board’s” wherever that expression appears and substituting in each case “Registrar’s”.

(42) Subsections 30 (4.1), (6) and (7) of the Act are amended by striking out “brew” wherever that expression appears and substituting in each case “ferment”.

(43) Subsection 30 (9) of the Act is amended by adding “or service” after “sale”.

(44) Subsection 30 (11) of the Act is amended by adding “or service” after “sale”.

(45) Subsection 31 (3.1) of the Act is amended by striking out “brew” and substituting “ferment”.

(46) Section 31 of the Act is amended by adding the following subsection:

Interpretation

(6) In this section, a reference to a police officer includes a conservation officer.

(47) Subsection 32 (6) of the Act is amended by adding the following definition:

“police officer” includes a conservation officer. (“agent de police”)

(48) Clause 33.1 (2) (b) of the Act is repealed and the following substituted:

(b) serving the liquor to other individuals at a residence as defined in section 31 or at a private place as defined in the regulations;

(49) Subsection 38 (2) of the Act is repealed and the following substituted:

Order of cessation

(2) If the Registrar is of the opinion that an advertisement contravenes this Act or the regulations, the Registrar may order the cessation of the use of the advertisement.

(50) Subsection 38 (3) of the Act is amended by striking out “Board” and substituting “Registrar”.

(51) Section 41 of the Act is amended by striking out “Board” and substituting “Registrar”.

(52) Subsections 44.1 (1), (2), (3), (4), (7), (8) and (9) of the Act are amended by striking out “chair” wherever that expression appears and substituting in each case “Registrar”.

(53) Section 47 of the Act is amended by adding the following subsection:

Definition

(0.1) In this section and in section 48,

“police officer” includes a conservation officer.

(54) Paragraphs 9.1 and 10.1 of subsection 62 (1) of the Act are amended by striking out “brew” wherever that expression appears and substituting in each case “ferment”.

(55) Subsection 62 (1) of the Act is amended by adding the following paragraph:

10.2 governing the information that may or must appear on labels and containers of liquor sold or kept for sale at a government store;

(56) Paragraphs 11.1, 12.1, 20.1 and 23.1 of subsection 62 (1) of the Act are amended by striking out “brew” wherever that expression appears and substituting in each case “ferment”.

(57) Paragraph 24 of subsection 62 (1) of the Act is amended by striking out “for the service or delivery of liquor” and substituting “or programs”.

(58) Paragraph 27 of subsection 62 (1) of the Act is amended by striking out “Board” and substituting “Registrar”.

Motor Vehicle Dealers Act, 2002

17. (1) Subsection 1 (1) of the Motor Vehicle Dealers Act, 2002 is amended by adding the following definition:

“investigator” means an investigator appointed under subsection 18 (1); (“enquêteur”)

(2) The following provisions of the Act are amended by striking out “information in any form” wherever that expression appears and substituting in each case “information that is relevant to the inspection and that is in any form”:

1. Clause 15 (2) (b).

2. Subsection 15 (4).

(3) Subsection 18 (3) of the Act is repealed and the following substituted:

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 19, shall, upon request, produce the certificate of appointment as an investigator.

(4) Subsection 19 (1) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is amended by striking out “appointed under this Act” in the portion before clause (a).

(5) Subsection 19 (2) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is amended by striking out the portion before clause (a) and substituting the following:

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

. . . . .

(6) Clause 19 (2) (a) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is amended by striking out “upon producing his or her appointment”.

(7) Subsection 19 (5) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is amended by adding “and other persons as necessary” after “knowledge”.

(8) Subsection 19 (11) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is repealed and the following substituted:

Return of seized items

(11) An investigator who seizes any thing under this section or section 19.1 may make a copy of it and shall return it within a reasonable time.

(9) Subsections (4) to (8) apply only if subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force.

(10) Section 19.1 of the Act is repealed and the following substituted:

Seizure of things not specified

19.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Paperback and Periodical Distributors Act

18. (1) The Paperback and Periodical Distributors Act is amended by adding the following heading immediately before section 1:

Interpretation and Administration

(2) The definitions of “business premises” and “dwelling” in subsection 1 (1) of the Act are repealed.

(3) Subsection 1 (1) of the Act is amended by adding the following definitions:

“investigator” means an investigator appointed under subsection 9.1 (1); (“enquêteur”)

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

(4) The Act is amended by adding the following heading immediately before section 3:

Registration

(5) The Act is amended by adding the following heading immediately before section 6:

Duties, Inspections and Investigations

(6) Subsection 9 (2) of the Act is repealed.

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

Appointment of investigators

9.1 (1) The Director may appoint persons to be investigators for the purposes of conducting investigations.

Certificate of appointment

(2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 10, shall, upon request, produce the certificate of appointment as an investigator.

(8) Section 10 of the Act is repealed and the following substituted:

Search warrant

10. (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for registration, or

(ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for registration that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

(a) to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

(b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

(c) to exercise any of the powers specified in subsection (10); and

(d) to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

(3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

Conditions on warrant

(4) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

(6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.

Use of force

(8) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(9) No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Assistance

(10) An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.

Return of seized items

(11) An investigator who seizes any thing under this section or section 10.1 may make a copy of it and shall return it within a reasonable time.

Admissibility

(12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

10.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Searches in exigent circumstances

10.2 (1) An investigator may exercise any of the powers described in subsection 10 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

Use of force

(3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Applicability of s. 10

(4) Subsections 10 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

(9) The Act is amended by adding the following heading immediately before section 11:

General

(10) Subsection 11 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Matters confidential

(1) Every person employed in the administration of this Act, including any person making an inspection or an investigation, shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of his or her duties, employment, inspection or investigation and shall not communicate any such matters to any other person except,

. . . . .

(11) The English version of subsection 11 (2) of the Act is amended by striking out “inquiry”.

(12) Subsections (10) and (11) apply only if subsection 17 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 has not come into force by the day subsections (10) and (11) come into force.

Partnerships Act

19. Subsections 10 (2) and (3) of the Partnerships Act are repealed and the following substituted:

Limited liability partnerships

(2) Subject to subsections (3) and (3.1), a partner in a limited liability partnership is not liable, by means of indemnification, contribution or otherwise, for,

(a) the debts, liabilities or obligations of the partnership or any partner arising from the negligent or wrongful acts or omissions that another partner or an employee, agent or representative of the partnership commits in the course of the partnership business while the partnership is a limited liability partnership; or

(b) any other debts or obligations of the partnership that are incurred while the partnership is a limited liability partnership.

Limitations

(3) Subsection (2) does not relieve a partner in a limited liability partnership from liability for,

(a) the partner’s own negligent or wrongful act or omission;

(b) the negligent or wrongful act or omission of a person under the partner’s direct supervision; or

(c) the negligent or wrongful act or omission of another partner or an employee of the partnership not under the partner’s direct supervision, if,

(i) the act or omission was criminal or constituted fraud, even if there was no criminal act or omission, or

(ii) the partner knew or ought to have known of the act or omission and did not take the actions that a reasonable person would have taken to prevent it.

Same

(3.1) Subsection (2) does not protect a partner’s interest in the partnership property from claims against the partnership respecting a partnership obligation.

Public Guardian and Trustee Act

20. (1) Section 2 of the Public Guardian and Trustee Act is amended by adding the following subsection:

Power to act as corporate director

(5) Despite paragraph 3 of subsection 118 (1) of the Business Corporations Act, the Public Guardian and Trustee may act as a director of a corporation in which,

(a) a deceased person was the sole shareholder and for whose estate the Public Guardian and Trustee acts as estate trustee if it is necessary and expedient to do so to protect or preserve the interest of the deceased person’s estate in the corporation or to provide for the orderly winding-up or dissolution of the corporation; or

(b) a mentally incapable person is the sole shareholder and for whom the Public Guardian and Trustee acts as the guardian of property if it is necessary and expedient to do so to protect or preserve the interest of the mentally incapable person in the corporation or to provide for the orderly winding-up or dissolution of the corporation.

(2) Section 5.1 of the Act is amended by adding the following subsections:

Immunity when acting as director

(3) Without limiting subsection (1), if, in the course of the exercise or intended exercise of any power or the performance of any duty under this Act or any other Act, the Public Guardian and Trustee becomes a director of a corporation, the Public Guardian and Trustee shall not be liable as a director under any Act in respect of any debt or other liability of the corporation, or any claim against the corporation, or for any act or omission by the corporation or by the Public Guardian and Trustee acting in his or her capacity as director, if he or she has acted honestly and in good faith with a view to the best interests of the corporation.

Indemnity

(4) If the Public Guardian and Trustee acts as a director of a corporation on behalf of a deceased  person’s estate or a mentally incapable person, the Public Guardian and Trustee may obtain an indemnity from the estate of the deceased or mentally incapable person against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a director of the corporation if he or she has acted honestly and in good faith with a view to the best interests of the corporation.

Real Estate and Business Brokers Act, 2002

21. (1) Subsection 1 (1) of the Real Estate and Business Brokers Act, 2002 is amended by adding the following definition:

“investigator” means an investigator appointed under subsection 22 (1); (“enquêteur”)

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

Suspension without a hearing

16.1 (1) If a registrant does not pay any amounts that the registrant is required to pay with respect to insurance, the registrar shall suspend the registration of the registrant effective as of the date at which the term of the insurance related to the payment begins.

No hearing

(2) Section 14 does not apply to a suspension of registration under subsection (1).

Notice of suspension

(3) The registrar shall give written notice to the registrant, that sets out,

(a) the fact that the registrar has suspended the registration;

(b) the reason for the suspension;

(c) the date as of which the suspension took effect;

(d) the fact that the registrant is not entitled to request a hearing under section 14 with respect to the suspension; and

(e) the registrant’s right of revival of the registration under subsection (4).

Revival

(4) The registrant is entitled to have the registration revived for the unexpired balance of its term upon,

(a) paying the unpaid amounts, for which default in payment resulted in the suspension; and

(b) providing to the registrar evidence in writing satisfactory to the registrar that the registrant has paid all amounts that the registrant is required to pay with respect to insurance.

Same

(5) Upon receiving the evidence described in clause (4) (b), the registrar shall,

(a) revive the registration for the unexpired balance of its term effective from the date on which the registrant paid the unpaid amounts described in clause (4) (a); and

(b) give notice in writing to the registrant of the revival and the date on which it is effective.

Service of notice

(6) Subsection 45 (3) does not apply to the notice mentioned in subsection (3) or clause (5) (b).

(3) The following provisions of the Act are amended by striking out “information in any form” wherever that expression appears and substituting in each case “information that is relevant to the inspection and that is in any form”:

1. Clause 20 (2) (b).

2. Subsection 20 (4).

(4) Subsection 22 (3) of the Act is repealed and the following substituted:

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 23, shall, upon request, produce the certificate of appointment as an investigator.

(5) Subsection 23 (1) of the Act is amended by striking out “appointed under this Act” in the portion before clause (a).

(6) Subsection 23 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

. . . . .

(7) Clause 23 (2) (a) of the Act is amended by striking out “upon producing his or her appointment”.

(8) Subsection 23 (5) of the Act is amended by adding “and other persons as necessary” after “knowledge”.

(9) Subsection 23 (11) of the Act is repealed and the following substituted:

Return of seized items

(11) An investigator who seizes any thing under this section or section 23.1 may make a copy of it and shall return it within a reasonable time.

(10) Section 23.1 of the Act is repealed and the following substituted:

Seizure of things not specified

23.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Registry Act

22. (1) Section 101 of the Registry Act is repealed and the following substituted:

Offences

101. (1) A person, other than the land registrar or other officer when entitled by law to do so, is guilty of an offence if the person,

(a) alters any book, record, plan, registered instrument or deposited document;

(b) by any means or in any way adds to or takes from the contents of any book, record, plan, instrument or document; or

(c) removes or attempts to remove any book, record, plan, instrument or document from the place where it is kept.

Exception

(2) Subsection (1) does not apply to alterations to a record made by direct electronic transmission under Part III of the Land Registration Reform Act.

Penalty

(3) A person who is convicted of an offence under this section is liable to,

(a) a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day, or both, for each book, record, plan, instrument or document that the person alters, removes or attempts to remove, if the person is an individual; and

(b) a fine of not more than $250,000 for each book, record, plan, instrument or document that the person alters, removes or attempts to remove, if the person is a corporation.

Order for compensation or restitution

(4) If a person is convicted of an offence under this section, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or to make restitution.

Limitation

(5) No proceeding under this section shall be commenced more than six years after the facts upon which the proceeding is based first came to the knowledge of the Director of Titles.

Evidence

(6) A statement as to the time when the facts on which the proceeding is based first came to the knowledge of the Director of Titles, that purports to be certified by the Director of Titles, is, without proof of the person’s office or signature, evidence of the facts stated in it.

(2) The definitions of “notice of claim” and “notice period” in  subsection 111 (1) of the Act are repealed and the following substituted:

“notice of claim” means a notice of claim that is registered under subsection 113 (2) and that is in the prescribed form and includes a notice registered under a predecessor of this Part or under The Investigation of Titles Act, being chapter 193 of the Revised Statutes of Ontario, 1960, or a predecessor of it; (“avis de réclamation”)

“notice period” means the period ending on the day 40 years after the later of,

(a) the day of the registration of an instrument that first creates a claim, or

(b) the day of the registration of a notice of claim for a claim; (“délai d’avis”)

(3) Subsection 111 (1) of the Act is amended by adding the following definition:

“year” means a period of 365 consecutive days or, if the period includes February 29, 366 consecutive days. (“année”)

(4) Subsection 113 (2) of the Act is repealed and the following substituted:

Notice of claim

(2) A person having a claim or a person acting on that person’s behalf, may register a notice of claim with respect to the land affected by the claim,

(a) at any time within the notice period for the claim; or

(b) at any time after the expiration of the notice period but before the registration of any conflicting claim of a purchaser in good faith for valuable consideration of the land.

(5) Subclause 113 (5) (a) (iv) of the Act is repealed and the following substituted:

(iv) of a person to an unregistered right of way, easement or other right that the person is openly enjoying and using;

Repair and Storage Liens Act

23. (1) Subsection 9 (1) of the Repair and Storage Liens Act is repealed and the following substituted:

Registration of documents

(1) A claim for lien or change statement to be registered under this Part shall contain the required information presented in a required format.

Electronic transmission

(1.1) A claim for lien or change statement in a required format may be tendered for registration by direct electronic transmission to the database of the registration system established under the Personal Property Security Act.

Authorized person

(1.2) A claim for lien or change statement in a required format may be tendered for registration by direct electronic transmission only by a person who is, or is a member of a class of persons that is, authorized by the registrar to do so.

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

Costs of seizure

(3.1) If the costs on a seizure made under subsection (3) are recoverable as provided for by contract or otherwise by law, they shall not exceed the fees and costs allowed under the Costs of Distress Act as if that Act applied to the seizure and they shall not form part of the lien itself.

(3) Clause 23 (1) (a) of the Act is repealed and the following substituted:

(a) the seizure of an article under Part II (Non-possessory Liens), any right of seizure in respect of the article, whether the costs of seizure are recoverable or whether they exceed the amount permitted under subsection 14 (3.1);

(4) Subsection 31.1 (1) of the Act is amended by adding the following clauses:

(c.1) governing the information to be included in a claim for lien or change statement to be registered under Part II and the format or formats of those claims for lien and change statements;

(c.2) governing the tendering for registration of claims for lien and change statements;

Substitute Decisions Act, 1992

24. (1) Section 33 of the Substitute Decisions Act, 1992 is amended by adding the following subsections:

Exception, corporate directors

(3) Subsection (2) does not apply to a guardian acting as a director of a corporation in which the incapable person is a shareholder unless the guardian has acted honestly, reasonably and diligently with a view to the best interests of the corporation.

Breach of duty

(4) For the purposes of this section, a breach of duty includes a breach of a duty or other obligation by a guardian acting as a director of a corporation, whether arising in equity, at common law or by statute.

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

Existing corporate debts and liabilities

33.3 (1) Despite any other Act, where a person who is acting as the guardian of property under this Act becomes the director of a corporation by reason of acting in that capacity, the guardian is not liable as a director for any debt or other liability or obligation of the corporation in existence at the time the guardian became a director.

Estate remains liable

(2) Nothing in this section affects the liability of the estate on whose behalf a guardian is acting with respect to any debt or other liability or obligation of the corporation.

Technical Standards and Safety Act, 2000

25. (1) Section 2 of the Technical Standards and Safety Act, 2000 is amended by striking out “hydrocarbon” before “fuels”.

(2) Subsections 4 (1) and (2) of the Act are repealed and the following substituted:

Appointments of directors, inspectors and investigators

(1) A designated administrative authority may appoint directors, inspectors and investigators for the purposes of this Act, the regulations or a Minister’s order, including for the purpose of determining whether authorization holders continue to meet the requirements for authorization and of this Act, the regulations and Minister’s orders.

Same

(2) The Minister may appoint directors, inspectors and investigators in the absence of a designated administrative authority.

(3) Subsection 5 (2) of the Act is repealed and the following substituted:

Powers regarding inspectors and investigators

(2) Unless otherwise stated in his or her appointment, a director,

(a) may supervise and direct inspectors, investigators and other persons responsible for administering or enforcing this Act, the regulations or a Minister’s order; and

(b) is an inspector and an investigator and may exercise any of their powers and perform any of their duties.

(4) Subsection 5 (4) of the Act is repealed and the following substituted:

Identification

(4) A director, inspector or investigator shall produce, on request, evidence of his or her appointment.

(5) Section 17 of the Act is repealed and the following substituted:

Inspection

17. (1) An inspector may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the lands and premises where any of the things, parts of things or classes of things to which this Act, the regulations or a Minister’s order apply are used, operated, installed, made, manufactured, repaired, renovated or offered for sale for the purpose of,

(a) ensuring compliance with this Act, the regulations or a Minister’s order;

(b) ensuring that an authorization holder remains entitled to the authorization; or

(c) determining whether a hazardous condition exists.

Limitations on power to enter

(2) An inspector shall not,

(a) use force to enter and inspect lands or premises under this section; or

(b) enter any part of premises that are being used as a dwelling, except with the consent of the owner or occupier.

(6) Subsection 18 (1) of the Act is repealed and the following substituted:

Powers on inspection

(1) An inspector conducting an inspection on lands or premises, including the premises of an authorization holder, may,

(a) examine all documents, records and things that are relevant to the inspection;

(b) require a person on the premises being inspected to produce a document, record or other thing that is relevant to the inspection;

(c) use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or a record that is relevant to the inspection and that is in any form; and

(d) on giving a receipt for it, remove any thing relevant to the inspection, including a document, a record, a data storage disk or a retrieval device needed to produce information.

(7) Subsections 18 (2) and (5) of the Act are repealed.

(8) Subsection 19 (3) of the Act is repealed and the following substituted:

Obligation to produce and assist

(3) A person who is required to produce a document, record or other thing under subsection 18 (1) shall produce it and shall, on request by the inspector, provide any assistance that is reasonably necessary, including any assistance in using any data storage, processing or retrieval device or system, to produce information or a record that is relevant to the inspection and that is in any form.

(9) Subsections 19 (5) and (6) of the Act are repealed and the following substituted:

Copy and return of removed things

(5) An inspector who removes any document, record or other thing under clause 18 (1) (d) may make a copy of it and shall promptly return it to the person being inspected.

Admissibility of copies

(6) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

(10) Section 20 of the Act is amended by adding the following subsection:

Withholding, destruction prohibited

(1.1) No person shall withhold from an inspector or conceal, alter or destroy any document, record or thing that is relevant to the inspection.

(11) The Act is amended by adding the following sections immediately before the heading “Additional Powers and Duties of Directors”:

Search warrant

22.1 (1) On application made without notice by an investigator appointed under section 4, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Act, the regulations or a Minister’s order or has committed an offence that is relevant to the person’s fitness for holding an authorization under this Act; and

(b) there is,

(i) on any lands or in any building, dwelling, receptacle or place any thing relating to the contravention of this Act, the regulations or a Minister’s order or to the person’s fitness for holding an authorization, or

(ii) information or evidence relating to the contravention of this Act, the regulations or a Minister’s order or the person’s fitness for holding an authorization that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

(2) Subject to any conditions contained in the warrant, a warrant issued under subsection (1) authorizes an investigator appointed under section 4 to,

(a) enter or access the lands, building, dwelling, receptacle or place specified in the warrant, and examine and seize any thing described in the warrant;

(b) use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

(c) require a person to produce the information or evidence described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the information or evidence described in the warrant; and

(d) use any investigative technique or procedure described in the warrant or do anything described in the warrant.

Obligation to produce and assist

(3) A person who is required to do so by an investigator under clause (2) (c) shall produce information or evidence described in the warrant and shall provide whatever assistance is reasonably necessary to produce the information or evidence in any form.

Entry of dwelling

(4) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

Conditions on search warrant

(5) A warrant shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Assistance

(6) A warrant may authorize persons who have special, expert or professional knowledge, and such other persons as may be necessary, to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

(7) An entry or access under a warrant shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(8) A warrant shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may, on application without notice by an investigator, extend the date of expiry for an additional period of no more than 30 days.

Use of force

(9) An investigator may call upon police officers for assistance in executing a warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(10) No person shall obstruct an investigator executing a warrant or withhold from him or her or conceal, alter or destroy anything relevant to the investigation.

Return of seized thing

(11) Subject to subsection (12), an investigator who seizes any thing under this section may make a copy of it and shall return it within a reasonable time.

Return of seized items not required

(12) An investigator is not required to return a thing seized under this section where the investigator believes on reasonable grounds that the thing was used, sold or offered for sale in contravention of this Act or the regulations.

Admissibility

(13) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

No warrant required in exigent circumstances

22.2 (1) Although a warrant issued under subsection 22.1 (1) would otherwise be required, an investigator may exercise any of the powers described in subsection 22.1 (2) without a warrant if the conditions for obtaining the warrant exist but because of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to any part of a building that is being used as a dwelling.

Use of force

(3) An investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Application of other provisions

(4) Subsections 22.1 (6), (10), (11), (12) and (13) apply, with necessary modifications, to the exercise of powers under this section.

Seizure of things in plain view

22.3 (1) An investigator who is lawfully present in a place under a warrant may seize any thing that is in plain view if the investigator believes on reasonable grounds that the thing will afford evidence of a contravention of this Act, the regulations or a Minister’s order.

Return of seized thing

(2) Subsections 22.1 (11), (12) and (13) apply, with necessary modifications, to any thing seized under this section.

(12) Clause 36 (1) (a) of the Act is amended by adding “governing the matters set out in section 2” after “procedure”.

Travel Industry Act, 2002

26. (1) Subsection 1 (1) of the Travel Industry Act, 2002 is amended by adding the following definition:

“investigator” means an investigator appointed under subsection 19 (1); (“enquêteur”)

(2) The following provisions of the Act are amended by striking out “information in any form” wherever that expression appears and substituting in each case “information that is relevant to the inspection and that is in any form”:

1. Clause 17 (2) (b).

2. Subsection 17 (4).

(3) Subsection 19 (3) of the Act is repealed and the following substituted:

Production of certificate of appointment

(3) Every investigator who is conducting  an investigation, including under section 20, shall, upon request, produce the certificate of appointment as an investigator.

(4) Subsection 20 (1) of the Act is amended by striking out “appointed under this Act” in the portion before clause (a).

(5) Subsection 20 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

. . . . .

(6) Clause 20 (2) (a) of the Act is amended by striking out “upon producing his or her appointment”.

(7) Subsection 20 (5) of the Act is amended by adding “and other persons as necessary” after “knowledge”.

(8) Subsection 20 (11) of the Act is repealed and the following substituted:

Return of seized items

(11) An investigator who seizes any thing under this section or section 20.1 may make a copy of it and shall return it within a reasonable time.

(9) Section 20.1 of the Act is repealed and the following substituted:

Seizure of things not specified

20.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Amendments Relating to Terms of Office

27. Subsection 2 (4) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 is repealed.

28. (1) Subsection 96 (4) of the Child and Family Services Act is repealed.

(2) Subsection 207 (4) of the Act is repealed.

(3) Clause 217 (1) (k) of the Act is amended by striking out “their terms of office”.

(4) Clause 222 (k) of the Act is amended by striking out “their terms of office”.

29. Subsections 55 (4), (5) and (6) of the Colleges Collective Bargaining Act are repealed.

30. Subsections 3 (2) and (3) of the Drugless Practitioners Act are repealed.

31. Section 57.2 of the Education Act is amended by adding the following subsection:

Non-application of repealed provisions

(3) Despite the continuation of the Education Relations Commission for the purposes set out in subsection (2), subsections 59 (5), (6) and (7) of the School Boards and Teachers Collective Negotiations Act do not apply to that commission.

32. Subsections 3 (5) and (6) of the Farming and Food Production Protection Act, 1998 are repealed.

33. (1) Subsection 4 (1) of the Financial Services Commission of Ontario Act, 1997 is repealed and the following substituted:

Chair and vice-chairs

(1) The Lieutenant Governor in Council shall appoint the chair and the two vice-chairs of the Commission.

(2) Subsection 6 (3) of the Act is repealed and the following substituted:

Other members

(3) In addition to the chair and the two vice-chairs, the Lieutenant Governor in Council shall appoint at least six persons, and not more than 12, as members of the Tribunal.

34. Subsection 70 (3) of the Health Care Consent Act, 1996 is repealed.

35. Subsection 15 (5) of the Ministry of Community and Social Services Act is repealed.

36. (1) Subsections 3 (2), (5) and (6) of the Ministry of Health Appeal and Review Boards Act, 1998 are repealed.

(2) Subsections 7 (2), (6) and (7) of the Act are repealed.

37. Subsection 24 (2) of the Ontario Heritage Act is repealed.

38. Section 8 of the Ontario Municipal Board Act is repealed.

39. Subsection 16 (2) of the Ontario Society for the Prevention of Cruelty to Animals Act is amended by striking out “and shall hold office during pleasure” at the end.

40. Subsections 131 (3) and (7) of the Police Services Act are repealed.

41. Subsection 3 (2) of the Racing Commission Act, 2000 is repealed.

Commencement and Short Title

Commencement

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

Same

(2) Sections 1, 3, 5, 6, 8, 9, 10, 11 and 12, subsection 14 (3), sections 16, 17, 18, 19 and 20, subsections 21 (1) and (3) to (10), sections 23 and 24, subsections 25 (2) to (12) and section 26 come into force on a day to be named by proclamation of the Lieutenant Governor.

Schedules

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

Different dates for same Schedule

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

Short title

43. The short title of this Act is the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006.

Schedule A
archives and recordkeeping act, 2006

CONTENTS

PART I
PURPOSES, INTERPRETATION
AND APPLICATION

 1.

 2.

 3.

 4.

 5.

Purposes of the Act

Interpretation

Laws re privacy and access, privileges

Orders of Assembly and courts, statutory provisions

Crown bound

PART II
ARCHIVES OF ONTARIO

 6.

 7.

 8.

 9.

10.

Archives of Ontario

Objects of the Archives of Ontario

Archivist of Ontario

Protection from personal liability

Ministerial directions

PART III
RETENTION, TRANSFER
AND DISPOSITION OF RECORDS

Public Records

11.

12.

13.

14.

15.

Records schedules

Archivist’s approval of records schedule

Public bodies to comply with approved records schedule

Disposition of public records where public body, functions change

Prohibition against destroying, etc., public records

Records of Legislative Bodies
and the Lieutenant Governor

16.

Election re records schedules

Private Records

17.

Private recordkeeping

PART IV
RECORDS OF
ARCHIVAL VALUE

Agreements with Archivist

18.

19.

Public records of archival value

Legislative body’s records of archival value

Archivist’s Designation of Records
of Archival Value

20.

21.

Designation of public records of archival value

Designation of private records of archival value

Public Access to Records
of Archival Value

22.

23.

Right of access to records of archival value

Certified copy of record

Archivist’s Disposition of Records

24.

Disposition of records

PART V
STANDARDS, GUIDELINES
AND REGULATIONS

25.

26.

Standards, guidelines re preservation of records

Regulations

PART VI
CONSEQUENTIAL AMENDMENTS

27.

28.

Social Housing Reform Act, 2000

Vital Statistics Act

PART VII
AMENDMENT, REPEAL, COMMENCEMENT
AND SHORT TITLE

29.

30.

31.

32.

Amendment re Bill 14

Repeal

Commencement

Short title

___________

Part i
Purposes, Interpretation and Application

Purposes of the Act

1. The purposes of this Act are,

(a) to ensure that the public records of Ontario are managed, kept and preserved in a useable form for the benefit of present and future generations;

(b) to foster government accountability and transparency by promoting and facilitating good recordkeeping by public bodies; and

(c) to encourage the public use of Ontario’s archival records as a vital resource for studying and interpreting the history of the province.

Interpretation

2. (1) In this Act,

“Archivist” means the Archivist of Ontario appointed under section 8; (“archiviste”)

“Deputy Minister” means the deputy minister to the Minister; (“sous-ministre”)

“legislative body” means,

(a) the Legislative Assembly or a committee of the Legislative Assembly,

(b) an officer of the Legislative Assembly or of the Legislature, or

(c) an officer or servant of the House; (“organisme législatif”)

“Minister” means the member of the Executive Council who is assigned the administration of this Act under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by regulation; (“prescrit”)

“private record” means a record that is not a public record; (“document privé”)

“public body” means,

(a) the Executive Council or a committee of the Executive Council,

(b) a minister of the Crown,

(c) a ministry of the Government of Ontario,

(d) a commission of inquiry under the Public Inquiries Act, or

(e) an agency, board, commission, corporation or other entity designated as a public body by regulation; (“organisme public”)

“public record” means a record made or received by a public body in carrying out the public body’s activities, but does not include constituency records of a minister of the Crown or published works; (“document public”)

“record” means a record of information in any form, including a record made, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic, optical or any other means, but does not include a mechanism or system for making, sending, receiving, storing or otherwise processing information; (“document”)

“regulation” means a regulation made under this Act. (“règlement”)

Record of archival value

(2) For the purposes of this Act, a record is a record of archival value if,

(a) it relates to,

(i) the origin, development, organization or activities of a public body, a legislative body, a court or any other person or entity,

(ii) the development or implementation of a law or of a policy or decision of a public body, a legislative body or any other person or entity, or

(iii) the history of Ontario or of any part of Ontario;

(b) it has the characteristics of a record of archival value that are prescribed;

(c) it is designated as a record of archival value by regulation; or

(d) it belongs to a class of records prescribed as being a class of records of archival value.

Laws re privacy and access, privileges

3. (1) Nothing in this Act limits the operation of any law or privilege governing the protection of privacy or access to information in respect of records held by public bodies and legislative bodies.

Same

(2) Nothing in this Act limits the operation of any other privilege that may exist in respect of a record transferred to the Archivist or to another person or entity under this Act.

Orders of Assembly and courts, statutory provisions

4. Nothing in this Act shall be taken or deemed to authorize the retention, transfer, destruction or other disposition of any public record in contravention of an order of a court or of the Legislative Assembly or in contravention of an express provision in any other Act.

Crown bound

5. This Act binds the Crown.

part ii
Archives of Ontario

Archives of Ontario

6. The Archives of Ontario is continued.

Objects of the Archives of Ontario

7. The objects of the Archives of Ontario are,

(a) to preserve records of archival value;

(b) to provide access to the public to records in the custody or control of the Archives of Ontario;

(c) to promote good recordkeeping by public bodies to facilitate the preservation of records of archival value;

(d) to assist historical research and encourage archival activities in Ontario.

Archivist of Ontario

8. (1) There shall be an Archivist of Ontario who shall be appointed by the Lieutenant Governor in Council.

Powers and duties

(2) The Archivist shall administer the Archives of Ontario and shall exercise the powers and perform the duties assigned to the Archivist under this Act.

Term of office

(3) The Archivist shall hold office for a term fixed by the Lieutenant Governor in Council and may be reappointed for a further term or terms.

Access to records

(4) Despite any other Act or privilege, the Archivist shall have access to any public record for the purpose of exercising or performing his or her powers or duties under this Act and, for greater certainty, nothing in the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 prevents the Archivist from having such access.

Same

(5) A public body or former public body and any officer, employee, former officer or former employee of a public body or of a former public body shall give the Archivist access to any public record to enable the Archivist to exercise or perform his or her powers or duties under this Act.

Not compellable witness

(6) The Archivist or any person employed in the Archives of Ontario is not compellable to give evidence in a civil proceeding concerning anything coming to their knowledge in the exercise or performance of a power or duty under this Act.

Delegation

(7) The Archivist may delegate any of his or her powers or duties to a person employed in the Archives of Ontario.

Acting Archivist

(8) The Deputy Minister may at any time appoint an acting Archivist with the powers and duties of the Archivist if,

(a) the Archivist is absent or unable to act; or

(b) the office of Archivist is vacant.

Protection from personal liability

9. (1) No action or other proceeding shall be instituted against the Archivist or any person employed in the Archives of Ontario as a result of any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or intended exercise of any power under this Act, or of any neglect or default in the performance or exercise in good faith of such duty or power.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.

Ministerial directions

10. The Minister may give directions to the Archivist in relation to the exercise of his or her powers and the performance of his or her duties under this Act, other than the establishment of standards and guidelines under section 25.

part iii
Retention, Transfer and Disposition of Records

Public Records

Records schedules

11. (1) Every public body shall prepare a records schedule that sets out, for each class of public records that they create or receive, the length of time the records will be retained and the disposition of the records at the end of their retention period.

Contents

(2) A records schedule shall,

(a) identify and describe the records or classes of records to which it applies;

(b) specify how long the records are to be retained by the public body;

(c) specify the form in which the records are to be kept;

(d) identify the records or classes of records that are records of archival value;

(e) specify the transfer of records of archival value at the end of their retention period to the Archives of Ontario or the continued retention of such records in accordance with an agreement entered into under clause 18 (1) (a); and

(f) contain any other information that may be required by the Archivist.

Archivist’s approval of records schedule

12. (1) Every public body shall submit their records schedule to the Archivist for approval.

Same

(2) The Archivist shall review the records schedule submitted for approval and may approve the schedule or require that it be amended.

Amendment

(3) The Archivist may at any time require that a public body amend a previously approved records schedule and the public body shall amend their records schedule accordingly.

Same

(4) If a public body amends a records schedule after it has been approved by the Archivist, whether on its own initiative or in response to a requirement of the Archivist, the amended schedule must also be submitted to the Archivist for approval.

Exempted from approval

(5) If a public body is exempted by regulation from complying with subsections (1), (2) and (4), then its records schedule is deemed to be approved by the Archivist.

Public bodies to comply with approved records schedule

13. (1) Every public body shall retain and transfer or otherwise dispose of their public records in accordance with the public body’s approved records schedule.

Same

(2) Every public body shall ensure that their public records are preserved and that the information in their public records is accessible until they are transferred or otherwise disposed of in accordance with their approved records schedule.

Same

(3) A public record shall not be transferred, destroyed or otherwise disposed of except in accordance with the applicable approved records schedule or with the written consent of the Archivist.

Exception

(4) This section does not apply to records that are dealt with under section 14.

Disposition of public records where public body, functions change

14. (1) If a public body is to cease to exist, the public body shall transfer or otherwise dispose of their public records in accordance with their approved records schedule as if it were the end of those records’ retention periods under the public body’s approved records schedule.

Same

(2) If any of the functions of a public body are to cease, the public body shall transfer or otherwise dispose of their public records that pertain to the ceased functions in accordance with their approved records schedule as if it were the end of those records’ retention periods under the public body’s approved records schedule.

Same

(3) Despite subsections (1) and (2), if any of the functions of a public body are to be transferred to another public body or any other person or entity, the public body shall enter into an agreement with the Archivist and with the public body or other person or entity with respect to the maintenance, retention, preservation, transfer and other disposition of the records pertaining to the transferred functions.

Prohibition against destroying, etc., public records

15. (1) A public record shall not be,

(a) destroyed or damaged;

(b) altered so as to delete information from it;

(c) made illegible;

(d) removed from the custody or control of a public body or the Archives of Ontario; or

(e) concealed from a public body or the Archivist.

Exception

(2) Subsection (1) does not apply to anything done,

(a) in accordance with an approved records schedule;

(b) in accordance with a direction of the Archivist under subclause 20 (4) (b) (i);

(c) in accordance with an agreement with the Archivist required by subclause 20 (4) (b) (ii); or

(d) with the written consent of the Archivist.

Records of Legislative Bodies and the Lieutenant Governor

Election re records schedules

Legislative bodies

16. (1) A legislative body may elect to have sections 11 and 13 or sections 11, 12 and 13 apply to the legislative body with necessary modifications and, for such purposes, “public records” in those sections includes records made or received by the legislative body in carrying out the legislative body’s activities.

Lieutenant Governor

(2) The Lieutenant Governor may elect to have sections 11 and 13 or sections 11, 12 and 13 apply to him or her with necessary modifications and, for such purposes, “public records” in those sections includes records made or received by the Lieutenant Governor in carrying out the Lieutenant Governor’s activities.

Private Records

Private recordkeeping

17. (1) The Archivist may enter into an agreement with any person or entity, other than a public body or legislative body, in respect of the person’s or entity’s records and recordkeeping.

Agreement

(2) An agreement under subsection (1) may provide,

(a) that the Archivist will give the person or entity recordkeeping advice;

(b) that the Archivist will assist the person or entity in determining which of their private records are records of archival value and in protecting and preserving those records;

(c) that the Archives of Ontario will acquire some or all of the person’s or entity’s records of archival value by gift, bequest, purchase or otherwise;

(d) for the protection and preservation of and access to the person’s or entity’s records of archival value.

Part iv
Records of Archival Value

Agreements with Archivist

Public records of archival value

18. (1) The Archivist may enter into an agreement,

(a) with a public body providing that the public body will retain custody of all or some of the public body’s records of archival value at the end of their retention period, and will retain and preserve them and make them accessible to the public in accordance with the Archivist’s directions; or

(b) with any other person or entity providing that that person or entity will take custody of all or some of a public body’s records of archival value at the end of their retention period, and will retain and preserve them and make them accessible to the public in accordance with the Archivist’s directions.

Agreement to be reflected in records schedule

(2) A public body shall incorporate the terms of an agreement entered into under clause (1) (a) in their records schedule.

Legislative body’s records of archival value

19. (1) Subject to an agreement entered into under subsection (2), every legislative body shall transfer the legislative body’s records of archival value to the custody and control of the Archives of Ontario within 20 years from the date on which the records cease to be in current use, unless the legislative body has an approved records schedule that provides otherwise.

Agreement

(2) The Archivist may enter into an agreement,

(a) with a legislative body providing that the legislative body will retain custody of all or some of the legislative body’s records of archival value at the end of their retention period, and will retain and preserve them and make them accessible to the public in accordance with the Archivist’s directions; or

(b) with any other person or entity providing that that person or entity will take custody of all or some of a legislative body’s records of archival value at the end of their retention period, and will retain and preserve them and make them accessible to the public in accordance with the Archivist’s directions.

Archivist’s Designation of Records of Archival Value

Designation of public records of archival value

20. (1) Despite sections 13 and 14 or an agreement entered into under section 18, the Archivist may at any time designate any public record or class of public records that is in the custody or control of a public body if, in the Archivist’s opinion, the record or class of records,

(a) may be of archival value; and

(b) is at imminent risk of being damaged or destroyed or otherwise disposed of.

Notice

(2) The Archivist shall give the public body with custody or control of the record or records notice in writing of the designation.

Effect of notice

(3) The public body shall not damage or destroy or otherwise dispose of the designated record or records until the expiry of 45 days after the date of the written notice of the designation, except with the written consent of the Archivist.

Archivist’s powers

(4) The Archivist may, before the expiry of the 45-day period,

(a) review the designated record or records to determine if they are records of archival value; and

(b) if he or she determines that they are records of archival value, direct the public body to,

(i) transfer the record or records to the custody and control of the Archives of Ontario by a specified date, or

(ii) enter into an agreement with the Archivist under clause 18 (1) (a) or amend an existing such agreement.

Direction, agreement prevail over approved records schedule

(5) In the event of a conflict between a direction under subclause (4) (b) (i) or an agreement entered into or amended pursuant to a direction under subclause (4) (b) (ii) and an approved records schedule, the direction or agreement prevails, and the public body shall transfer the record or records in accordance with the direction or agreement.

Other agreements null and void

(6) Any agreement entered into by the public body after receipt of the notice of designation, other than an agreement entered into or amended pursuant to a direction under subclause (4) (b) (ii), to damage or destroy or otherwise dispose of the designated record or records before the expiry of the 45-day period and without the written consent of the Archivist is null and void.

No liability for designation

(7) No action or other proceeding for damages shall be instituted against the Crown, the Minister or the Archivist in respect of a designation made or not made by the Archivist under this section.

Offence

(8) Every person is guilty of an offence who,

(a) damages, destroys or otherwise disposes of a public record that is designated by the Archivist under this section within 45 days after the designation is made, except pursuant to a direction of the Archivist under subclause (4) (b) (i) or an agreement entered into or amended pursuant to a direction of the Archivist under subclause (4) (b) (ii) or with the Archivist’s written consent;

(b) refuses the Archivist access to any records designated under this section; or

(c) fails to transfer a designated record to the custody and control of the Archives of Ontario in accordance with the Archivist’s direction under subclause (4) (b) (i).

Designation of private records of archival value

21. (1) The Archivist may designate any private record of archival value or class of private records of archival value if, in the Archivist’s opinion, the record or class of records,

(a) is of provincial significance; and

(b) is at risk of being damaged or destroyed.

Notice to owner

(2) The Archivist shall give the owner of the record or records notice in writing of the designation.

Effect of notice

(3) The owner of the designated record or records shall not damage or destroy the designated record or records until the expiry of 180 days after the date of the written notice of the designation, except with the written consent of the Archivist.

Second designation

(4) On or before the expiry of the 180-day period described in subsection (3), the Archivist may renew the designation for one further period of 180 days, beginning at the end of the first 180-day period.

Crown not liable for designation

(5) No action or other proceeding for damages shall be instituted against the Crown, the Minister or the Archivist in respect of a designation made or not made by the Archivist under this section.

Exception

(6) This section does not apply to records made or received by the Lieutenant Governor, a legislative body or a court in carrying out their activities.

Public Access to Records of Archival Value

Right of access to records of archival value

Public records

22. (1) Every person has the right to examine a public record of archival value that is in the custody or control of the Archives of Ontario, or a copy of the record, during normal business hours, subject to any restrictions imposed by law.

Private records

(2) Every person has the right to examine a private record of archival value that is in the custody or control of the Archives of Ontario, or a copy of the record, during normal business hours, subject to any restrictions imposed by law or by agreement between the Archivist and the donor of the private record.

Archivist’s discretion re original or copy

(3) The Archivist shall, in his or her absolute discretion, decide in each case whether a person may examine an original record or a copy of the record.

Refusal of access

(4) Despite subsections (1) and (2), the Archivist,

(a) shall refuse to produce for examination any record of archival value, or a copy of any record of archival value, if the refusal is required by the Freedom of Information and Protection of Privacy Act or any other Act;

(b) may refuse to produce for examination any record of archival value, or a copy of any record of archival value, if,

(i) the refusal is permitted by the Freedom of Information and Protection of Privacy Act or any other Act, or

(ii) the record is excluded from the application of the Freedom of Information and Protection of Privacy Act by section 65 of that Act.

Preservation of records

(5) The Archivist shall ensure that the records of archival value that are in the custody or control of the Archives of Ontario are preserved and that the information in them is accessible such that it can be understood.

Legislative records

(6) This section applies to records made or received by a legislative body in carrying out its activities and that are in the custody or control of the Archives of Ontario as if they were public records.

Certified copy of record

23. A copy of a record from the Archives of Ontario certified by the Archivist or his or her delegate to be a true copy of the original record,

(a) is proof, in the absence of evidence to the contrary, of the authenticity and correctness of the copy, without proof of the appointment or signature of the Archivist or his or her delegate; and

(b) is admissible in evidence to the same extent as the original record and has the same evidentiary value.

Archivist’s Disposition of Records

Disposition of records

24. The Archivist may transfer, destroy or otherwise dispose of any record that is in the custody or control of the Archives of Ontario if he or she is of the opinion that it is no longer necessary to retain it in the Archives of Ontario.

Part v
Standards, Guidelines and Regulations

Standards, guidelines re preservation of records

25. (1) The Archivist shall, at the direction of the Management Board of Cabinet, establish standards and guidelines for public bodies to facilitate the preservation of records of archival value.

Availability of standards, guidelines

(2) The Archivist shall make the standards and guidelines available to public bodies, and may make them available to other persons and entities, by whatever means he or she considers appropriate.

Not regulations

(3) The standards and guidelines are not regulations within the meaning of the Regulations Act.

Management Board of Cabinet policies and procedures prevail

(4) In the case of a conflict between a standard or guideline established by the Archivist and any administrative policy or procedure established or prescribed by the Management Board of Cabinet under clause 3 (1) (e) of the Management Board of Cabinet Act, the latter prevails.

Regulations

26. The Lieutenant Governor in Council may make regulations,

(a) designating an agency, board, commission, corporation or other entity as a public body;

(b) prescribing characteristics of a record of archival value;

(c) designating any record to be a record of archival value;

(d) prescribing a class of records to be records of archival value;

(e) defining “provincial significance” for the purpose of section 21;

(f) exempting any public body, or any class of public body, from any provision of this Act and prescribing conditions and circumstances for such exemption;

(g) assigning additional powers and duties to the Archivist.

part vi
Consequential Amendments

Social Housing Reform Act, 2000

27. (1) The definition of “archival document” in subsection 55 (1) of the Social Housing Reform Act, 2000 is repealed and the following substituted:

“archival document” means a provincial document identified to be transferred to the Archives of Ontario under a records schedule approved or deemed approved under the Archives and Recordkeeping Act, 2006; (“document d’archives”)

(2) Subsection 55 (8) of the Act is repealed and the following substituted:

Retention

(8) A person to whom a provincial document is transferred under subsection (7) shall retain it for at least the period of time specified in the applicable records schedule approved or deemed approved by the Archivist of Ontario before its transfer.

Vital Statistics Act

28. (1) Subsection 5 (1) of the Vital Statistics Act is repealed and the following substituted:

Archives

(1) In this section,

“Archives” means the Archives of Ontario continued under the Archives and Recordkeeping Act, 2006; (“Archives publiques”)

“Archivist” means the Archivist of Ontario appointed under the Archives and Recordkeeping Act, 2006. (“archiviste”)

(2) The French version of subsection 5 (2) of the Act is repealed and the following substituted:

Enregistrements transférés aux Archives publiques

(2) Le registraire général de l’état civil peut faire transférer aux Archives publiques les enregistrements et les dossiers qui sont prescrits, ainsi que les répertoires et documents connexes.

(3) Subsection 5 (3) of the Act is repealed and the following substituted:

Authority of Archivist

(3) The Archivist is authorized and directed to receive and maintain the registrations, records, indexes and documents transferred under subsection (2) as if they were transferred under the Archives and Recordkeeping Act, 2006.

(4) The French version of subsections 5 (4) and (5) of the Act is amended by striking out “transportés” wherever that expression appears and substituting in each case “transférés”.

(5) The French version of clause 60 (w) of the Act is repealed and the following substituted:

w) prescrire les enregistrements et les dossiers devant être transférés en vertu de l’article 5 (Archives publiques).

Part vii
Amendment, Repeal, Commencement and Short Title

Amendment re Bill 14

29. (1) This section applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent.

(2) A reference in this section to a provision of Bill 14 is a reference to that provision as it was numbered in the first reading version of the Bill.

(3) On the later of the day subsection 25 (3) of this Act comes into force and the day section 130 of Schedule F to Bill 14 comes into force, subsection 25 (3) of this Act is amended by striking out “the Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Repeal

30. The Archives Act is repealed.

Commencement

31. (1) Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 receives Royal Assent.

Same

(2) Sections 1 to 30 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

32. The short title of the Act set out in this Schedule is the Archives and Recordkeeping Act, 2006.

Schedule B
Amendments to the Business Corporations Act

1. The definition of “personal representative” in subsection 1 (1) of the Business Corporations Act is repealed and the following substituted:

“personal representative”, where used with reference to holding shares in that capacity, means an executor, administrator, estate trustee, guardian, tutor, trustee, receiver or liquidator or the curator, guardian for property or attorney under a continuing power of attorney with authority for a person who is mentally incapable of managing his or her property; (“ayant droit”)

2. Clause 4 (2) (b) of the Act is repealed and the following substituted:

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

3. Clause 19 (f) of the Act is repealed and the following substituted:

(f) a sale, lease or exchange of property referred to in subsection 184 (3) was not authorized,

. . . . .

4. Section 20 of the Act is repealed.

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

Same rights, etc.

(7) The articles may provide that two or more classes of shares or two or more series within a class of shares may have the same rights, privileges, restrictions and conditions.

6. Subsection 24 (3) of the Act is repealed and the following substituted:

Exceptions

(3) Despite subsection (2) and subsection 23 (3), a corporation may, subject to subsection (4), add to the stated capital accounts maintained for the shares of classes or series the whole or any part of the consideration that it receives in exchange if the corporation issues shares,

(a) in exchange for,

(i) property of a person who immediately before the exchange did not deal with the corporation at arm’s length within the meaning of that term in the Income Tax Act (Canada),

(ii) shares of, or another interest in, a body corporate that immediately before the exchange, or that because of the exchange, did not deal with the corporation at arm’s length within the meaning of that term in the Income Tax Act (Canada), or

(iii) property of a person who, immediately before the exchange, dealt with the corporation at arm’s length within the meaning of that term in the Income Tax Act (Canada), if the person, the corporation and all holders of shares in the class or series of shares so issued consent to the exchange; or

(b) under an agreement referred to in subsection 175 (1) or an arrangement referred to in clause (c) or (d) of the definition of “arrangement” in subsection 182 (1) or to shareholders of an amalgamating corporation who receive the shares in addition to or instead of securities of the amalgamated corporation.

Consent not required

(3.1) The consent referred to in subclause (3) (a) (iii) is not required if the issuance of the shares does not result in a decrease in the value of the stated capital account maintained for the class or series divided by the number of shares in the class or series.

7. Section 29 of the Act is amended by adding the following subsections:

Exception, conditions precedent

(9) A corporation may permit any of its subsidiary bodies corporate to acquire shares of the corporation through the issuance of those shares by the corporation to the subsidiary body corporate if, before the acquisition takes place, the conditions prescribed for the purposes of this subsection are met.

Conditions subsequent

(10) After the acquisition has taken place under the purported authority of subsection (9), the conditions prescribed for the purposes of this subsection shall be met.

Non-compliance with conditions

(11) If a corporation permits a subsidiary body corporate to acquire shares of the corporation under the purported authority of subsection (9) and either,

(a) one or more of the conditions prescribed for the purposes of subsection (9) were not met; or

(b) one or more of the conditions prescribed for the purposes of subsection (10) were not met or have ceased to be met,

then, despite subsections 17 (3) and 24 (2), the prescribed consequences apply in respect of the acquisition of the shares and their issuance.

8. Subclause 31 (3) (b) (ii) of the Act is repealed and the following substituted:

(ii) the amount required for the payment on a redemption or in a liquidation of all shares where the holders have the right to be paid before the holders of the shares to be purchased or acquired, to the extent that the amount has not been included in its liabilities.

9. Subclause 32 (2) (b) (ii) of the Act is repealed and the following substituted:

(ii) the amount that would be required to pay the holders of shares that have a right to be paid, on a redemption or in a liquidation, rateably with or before the holders of the shares to be purchased or redeemed, to the extent that the amount has not been included in its liabilities.

10. (1) Subsection 36 (1) of the Act is amended by striking out “section 30 or 31” at the end and substituting “section 30, 31 or 32”.

(2) Subsection 36 (2) of the Act is amended by striking out “section 30 or 31” at the end and substituting “section 30, 31 or 32”.

(3) Subsection 36 (3) of the Act is repealed and the following substituted:

Enforcement of contract

(3) Until the corporation has fulfilled all of its obligations under a contract referred to in subsection (1), the other party to the contract retains the status of a claimant entitled to be paid as soon as the corporation is lawfully able to do so or, in a liquidation, to be ranked subordinate to the rights of creditors and to the rights of holders of any class of shares whose rights were in priority to the rights given to the holders of the class of shares being purchased, but in priority to the rights of other shareholders.

11. Subsection 38 (2) of the Act is repealed and the following substituted:

Stock dividend

(2) If shares of a corporation are issued in payment of a dividend, the corporation may add all or part of the value of those shares to the stated capital account of the corporation maintained or to be maintained for the shares of the class or series issued in payment of the dividend.

12. Subsection 45 (1) of the Act is repealed and the following substituted:

Sale of restricted shares by corporation

(1) A corporation that has restrictions on the issue, transfer or ownership of its shares of any class or series may, for any of the purposes set out in clauses (a) to (c), sell, under the conditions and after giving the notice that may be prescribed, as if it were the owner of the shares, any of those restricted shares that are owned, or that the directors determine in the manner that may be prescribed may be owned, contrary to the restrictions in order to,

(a) assist the corporation or any of its affiliates or associates to qualify under the Securities Act or similar legislation of a province or territory to obtain, hold or renew a registration, or to qualify for membership in a stock exchange in Ontario recognized as such by the Commission, by reason of limiting to a specified level the ownership of its shares by any prescribed class of persons;

(b) assist the corporation or any of its affiliates or associates to qualify under any prescribed law of Canada or of a province or territory to receive licences, permits, grants, payments or other benefits by reason of attaining or maintaining a specified level of Canadian ownership or control; or

(c) assist the corporation to comply with a prescribed law.

13. Clauses 67 (2) (a) and (b) of the Act are repealed and the following substituted:

(a) the executor, administrator, estate trustee, heir or legal representative of the heirs, of the estate of a deceased security holder;

(b) a guardian, attorney under a continuing power of attorney with authority, guardian of property, committee, trustee, curator or tutor representing a registered security holder who is a minor, a person who is incapable of managing his or her property or a missing person; or

14. (1) Subsection 99 (1) of the Act is repealed and the following substituted:

Proposal

(1) A registered holder of shares entitled to vote or a beneficial owner of shares that are entitled to be voted at a meeting of shareholders may,

(a) submit to the corporation notice of a proposal; and

(b) discuss at the meeting any matter in respect of which the registered holder or beneficial owner would have been entitled to submit a proposal.

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

Statement in support of proposal

(3) If so requested by the person who submits notice of a proposal, the corporation shall include in the management information circular or attach to it a statement in support of the proposal by the person and the name and address of the person.

Same

(3.1) The proposal referred to in subsection (2) and the statement referred to in subsection (3) shall together not exceed the prescribed maximum number of words.

(3) Clauses 99 (5) (b) and (c) of the Act are repealed and the following substituted:

(b) it clearly appears that the primary purpose of the proposal is to enforce a personal claim or redress a personal grievance against the corporation or its directors, officers or security holders;

(b.1) it clearly appears that the proposal does not relate in a significant way to the business or affairs of the corporation;

(c) not more than two years before the receipt of the proposal, a person failed to present, in person or by proxy, at a meeting of shareholders, a proposal that, at the person’s request, had been included in a management information circular relating to the meeting; or

(4) Subsections 99 (7) and (8) of the Act are repealed and the following substituted:

Notice of refusal

(7) If a corporation refuses to include a proposal in a management information circular, the corporation shall, within 10 days after receiving the proposal, send notice to the person submitting the proposal of its intention to omit the proposal from the management information circular and send to the person a statement of the reasons for the refusal.

Application to court

(8) On the application of a person submitting a proposal who claims to be aggrieved by a corporation’s refusal under subsection (7), a court may restrain the holding of the meeting to which the proposal is sought to be presented and make any further order it thinks fit.

(5) Subsection 99 (11) of the Act is repealed and the following substituted:

Definition

(11) In this section,

“proposal” means a matter that a registered holder or beneficial owner of shares entitled to be voted proposes to raise at a meeting of shareholders.

15. Subsections 100 (2) and (3) of the Act are repealed and the following substituted:

Entitlement to vote

(2) A shareholder whose name appears on a list prepared under subsection (1) is entitled to vote the shares shown opposite the shareholder’s name at the meeting to which the list relates.

16. (1) Subsection 108 (3) of the Act is amended by striking out “beneficial owner” and substituting “registered holder”.

(2) Subsection 108 (5) of the Act is repealed and the following substituted:

Where shareholder has power, etc., of director

(5) A shareholder who is a party to a unanimous shareholder agreement has all the rights, powers, duties and liabilities of a director of a corporation, whether arising under this Act or otherwise, including any defences available to the directors, to which the agreement relates to the extent that the agreement restricts the discretion or powers of the directors to manage or supervise the management of the business and affairs of the corporation and the directors are relieved of their duties and liabilities, including any liabilities under section 131, to the same extent.

Unanimous shareholder agreement

(5.1) Nothing in this section prevents shareholders from fettering their discretion when exercising the powers of directors under a unanimous shareholder agreement.

17. The definition of ““solicit” and “solicitation”” in section 109 of the Act is amended by adding the following clauses:

(i) a public announcement, as prescribed, by a shareholder of how the shareholder intends to vote and the reasons for that decision,

(j)   a communication, other than a solicitation by or on behalf of the management of the corporation, that is made to shareholders in any circumstances that may be prescribed.

18. Section 112 of the Act is amended by adding the following subsections:

Exception

(1.1) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of the corporation, without sending a dissident’s information circular, if the total number of shareholders whose proxies are solicited is 15 or fewer, two or more joint holders being counted as one shareholder.

Same

(1.2) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of the corporation, without sending a dissident’s information circular, if the solicitation is, in the prescribed circumstances, conveyed by public broadcast, speech or publication.

19. (1) Paragraph 2 of subsection 118 (1) of the Act is repealed and the following substituted:

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

(2) Subsection 118 (3) of the Act is repealed and the following substituted:

Residency

(3) At least 25 per cent of the directors of a corporation other than a non-resident corporation shall be resident Canadians, but where a corporation has less than four directors, at least one director shall be a resident Canadian.

20. Subsections 126 (6) and (7) of the Act are repealed.

21. (1) Subsection 127 (1) of the Act is repealed and the following substituted:

Delegation by directors

(1) Subject to the articles or by-laws, directors of a corporation may appoint from their number a managing director or a committee of directors and delegate to such managing director or committee any of the powers of the directors.

(2) Subsection 127 (2) of the Act is repealed.

22. (1) Clause 130 (2) (a) of the Act is repealed.

(2) Subsection 130 (4) of the Act is amended by striking out “20”.

(3) Clause 130 (5) (a) of the Act is amended by striking out “20”.

23. (1) Subsection 132 (5) of the Act is repealed and the following substituted:

Director not to vote

(5) A director referred to in subsection (1) shall not attend any part of a meeting of directors during which the contract or transaction is discussed and shall not vote on any resolution to approve the contract or transaction unless the contract or transaction is,

(a) one relating primarily to his or her remuneration as a director of the corporation or an affiliate;

(b) one for indemnity or insurance under section 136; or

(c) one with an affiliate.

(2) Section 132 of the Act is amended by adding the following subsections:

Remaining directors deemed quorum

(5.1) If no quorum exists for the purpose of voting on a resolution to approve a contract or transaction only because a director is not permitted to be present at the meeting by reason of subsection (5), the remaining directors shall be deemed to constitute a quorum for the purposes of voting on the resolution.

Shareholder approval

(5.2) Where all of the directors are required to make disclosure under subsection (1), the contract or transaction may be approved only by the shareholders.

(3) Subsection 132 (6) of the Act is repealed and the following substituted:

Continuing disclosure

(6) For the purposes of this section, a general notice to the directors by a director or officer disclosing that he or she is a director or officer of or has a material interest in a person, or that there has been a material change in the director’s or officer’s interest in the person, and is to be regarded as interested in any contract made or any transaction entered into with that person, is sufficient disclosure of interest in relation to any such contract or transaction.

24. Subsection 134 (1) of the Act is amended by adding “to the corporation” after “duties” in the portion before clause (a).

25. Subsection 135 (4) of the Act is repealed and the following substituted:

Reasonable diligence defence

(4) A director is not liable under section 130 and has complied with his or her duties under subsection 134 (2) if the director exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances, including reliance in good faith on,

(a) financial statements of the corporation represented to him or her by an officer of the corporation or in a written report of the auditor of the corporation to present fairly the financial position of the corporation in accordance with generally accepted accounting principles;

(b) an interim or other financial report of the corporation represented to him or her by an officer of the corporation to present fairly the financial position of the corporation in accordance with generally accepted accounting principles;

(c) a report or advice of an officer or employee of the corporation, where it is reasonable in the circumstances to rely on the report or advice; or

(d) a report of a lawyer, accountant, engineer, appraiser or other person whose profession lends credibility to a statement made by any such person.

26. Subsections 136 (1), (2), (3) and (4) of the Act are repealed and the following substituted:

Indemnification

(1) A corporation may indemnify a director or officer of the corporation, a former director or officer of the corporation or another individual who acts or acted at the corporation’s request as a director or officer, or an individual acting in a similar capacity, of another entity, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by the individual in respect of any civil, criminal, administrative, investigative or other proceeding in which the individual is involved because of that association with the corporation or other entity.

Advance of costs

(2) A corporation may advance money to a director, officer or other individual for the costs, charges and expenses of a proceeding referred to in subsection (1), but the individual shall repay the money if the individual does not fulfil the conditions set out in subsection (3).

Limitation

(3) A corporation shall not indemnify an individual under subsection (1) unless the individual acted honestly and in good faith with a view to the best interests of the corporation or, as the case may be, to the best interests of the other entity for which the individual acted as a director or officer or in a similar capacity at the corporation’s request.

Same

(4) In addition to the conditions set out in subsection (3), if the matter is a criminal or administrative action or proceeding that is enforced by a monetary penalty, the corporation shall not indemnify an individual under subsection (1) unless the individual had reasonable grounds for believing that the individual’s conduct was lawful.

Derivative actions

(4.1) A corporation may, with the approval of a court, indemnify an individual referred to in subsection (1), or advance moneys under subsection (2), in respect of an action by or on behalf of the corporation or other entity to obtain a judgment in its favour, to which the individual is made a party because of the individual’s association with the corporation or other entity as described in subsection (1), against all costs, charges and expenses reasonably incurred by the individual in connection with such action, if the individual fulfils the conditions set out in subsection (3).

Right to indemnity

(4.2) Despite subsection (1), an individual referred to in that subsection is entitled to indemnity from the corporation in respect of all costs, charges and expenses reasonably incurred by the individual in connection with the defence of any civil, criminal, administrative, investigative or other proceeding to which the individual is subject because of the individual’s association with the corporation or other entity as described in subsection (1), if the individual seeking an indemnity,

(a) was not judged by a court or other competent authority to have committed any fault or omitted to do anything that the individual ought to have done; and

(b) fulfils the conditions set out in subsections (3) and (4).

Insurance

(4.3) A corporation may purchase and maintain insurance for the benefit of an individual referred to in subsection (1) against any liability incurred by the individual,

(a) in the individual’s capacity as a director or officer of the corporation; or

(b) in the individual’s capacity as a director or officer, or a similar capacity, of another entity, if the individual acts or acted in that capacity at the corporation’s request.

27. Section 145 of the Act is repealed and the following substituted:

Examination of records by shareholders and creditors

145. (1) Registered holders of shares, beneficial owners of shares and creditors of a corporation, their agents and legal representatives may examine the records referred to in subsection 140 (1) during the usual business hours of the corporation, and may take extracts from those records, free of charge, and, if the corporation is an offering corporation, any other person may do so upon payment of a reasonable fee.

Copy

(2) A registered holder or beneficial owner of shares of a corporation is entitled upon request and without charge to one copy of the articles and by-laws and of any unanimous shareholder agreement.

28. (1) Subsection 146 (1) of the Act is repealed and the following substituted:

List of shareholders

(1) Registered holders, beneficial owners of shares and creditors of a corporation, their agents and legal representatives and, if the corporation is an offering corporation, any other person, upon payment of a reasonable fee and upon sending to the corporation or its transfer agent the statutory declaration referred to in subsection (6), may require the corporation or its transfer agent to furnish a basic list setting out the names of the registered holders of shares of the corporation, the number of shares of each class and series owned by each registered holder and the address of each of them, all as shown on the records of the corporation.

(2) Subsection 146 (3) of the Act is repealed and the following substituted:

Supplemental lists

(3) A person requiring a corporation to supply a basic list may, if the person states in the statutory declaration referred to in subsection (1) that the person requires supplemental lists, require the corporation or its agent upon payment of a reasonable fee to furnish supplemental lists setting out any changes from the basic list in the names or addresses of the registered holders of the corporation’s shares and the number of shares owned by each registered holder for each business day following the date to which the basic list is made up.

(3) Clause 146 (6) (a) of the Act is repealed and the following substituted:

(a) the name and address including the street and number, if any, of the applicant and whether the applicant is a registered holder, beneficial owner, creditor or any other person referred to in the subsection;

(4) Subsection 146 (8) of the Act is repealed and the following substituted:

Use of list

(8) A list of registered holders obtained under this section shall not be used by any person except in connection with,

(a) an effort to influence the voting by registered holders of the corporation;

(b) an offer to acquire shares of the corporation; or

(c) any other matter relating to the affairs of the corporation.

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

Proof of status

146.1 (1) Before providing a document referred to in sections 145 or 146 to a person who claims to be a beneficial owner of shares of the corporation, a corporation may require the person to provide proof that the person is a beneficial owner.

Same

(2) A written statement by a securities intermediary, as defined in the Securities Transfer Act, 2006, that a person is a beneficial owner is sufficient proof for the purposes of subsection (1).

30. Subsection 154 (3) of the Act is repealed and the following substituted:

Copy of documents to shareholders, offering corporations

(3) Not less than 21 days before each annual meeting of shareholders or before the signing of a resolution under clause 104 (1) (b) in lieu of the annual meeting, an offering corporation shall send a copy of the documents referred to in this section to all shareholders who have informed the corporation that they wish to receive a copy of those documents.

Non-offering corporations

(4) Not less than 10 days before each annual meeting of shareholders or before the signing of a resolution under clause 104 (1) (b) in lieu of the annual meeting, a corporation that is not an offering corporation shall send a copy of the documents referred to in this section to all shareholders other than those who have informed the corporation in writing that they do not wish to receive a copy of those documents.

31. Section 158 of the Act is amended by adding the following subsection:

Exemption

(1.1) The Commission may, on the application of a corporation, authorize the corporation to dispense with an audit committee, and the Commission may, if satisfied that the shareholders will not be prejudiced, permit the corporation to dispense with an audit committee on any reasonable conditions that the Commission thinks fit.

32. Section 160 of the Act is repealed and the following substituted:

Interim financial statement

160. (1) Within 60 days after the date that an interim financial statement required to be filed under the Securities Act and the regulations made under that Act is prepared, an offering corporation shall send a copy of the interim financial statement to all shareholders who have informed the corporation that they wish to receive a copy.

Address

(2) The interim financial statement referred to in subsection (1) shall be sent to a shareholder’s latest address as shown on the records of the corporation.

33. (1) Subsection 161 (1) of the Act is repealed and the following substituted:

Investigation

(1) A registered holder or a beneficial owner of a security or, in the case of an offering corporation, the Commission may apply, without notice or on such notice as the court may require, to the court for an order directing an investigation to be made of the corporation or any of its affiliates.

(2) Subsection 161 (3) of the Act is repealed and the following substituted:

Notice

(3) If a registered holder or a beneficial owner of a security makes an application under subsection (1) and the corporation is an offering corporation, the applicant shall give the Commission reasonable notice of the application and the Commission is entitled to appear and be heard in person or by counsel.

34. Clause 184 (1) (c) of the Act is amended by striking out “subject to section 20”.

35. Section 185 of the Act is amended by adding the following subsection:

One class of shares

(2.1) The right to dissent described in subsection (2) applies even if there is only one class of shares.

36. Clause 237 (c) of the Act is repealed and the following substituted:

(c) all its incorporators or their personal representatives if the corporation has not commenced business and has not issued any shares.

37. Section 241 of the Act is amended by adding the following subsection:

Time limit for application

(5.1) The application referred to in subsection (5) shall not be made more than 20 years after the date of dissolution.

38. Section 246 of the Act is amended by adding the following subsection:

Notice not required

(2.1) A complainant is not required to give the notice referred to in subsection (2) if all of the directors of the corporation or its subsidiary are defendants in the action.

39. Section 262 of the Act is amended by adding the following subsection:

Electronic communications

(6) A notice or document required or permitted to be sent under this section or section 263 may be sent by electronic means in accordance with the Electronic Commerce Act, 2000.

40. Section 264 of the Act is amended by adding the following subsection:

Electronic communications

(2) The consent of a person entitled to waive the requirement for the sending of a notice or document or to waive or abridge the time for the sending of the notice or the document under subsection (1) may be sent by electronic means in accordance with the Electronic Commerce Act, 2000.

41. Section 272 of the Act is amended by adding the following paragraphs:

15.1 prescribing conditions for the purposes of subsections 29 (9) and (10);

15.2 prescribing consequences for the purposes of subsection 29 (11);

15.3 prescribing conditions, notices, the manner for making determinations and laws for the purposes of subsection 45 (1);

15.4 prescribing the maximum number of words for the purposes of subsection 99 (3.1);

15.5 prescribing public announcements and circumstances for the purposes of clauses (i) and (j) of the definition of ““solicit” and  “solicitation”” in section 109;

15.6 prescribing circumstances for the purpose of clause 112 (1.2);

Commencement

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

Same

(2) This section comes into force on the day the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 receives Royal Assent.

Schedule C
Amendments to Freedom of Information and Protection of Privacy Legislation

Freedom of Information and Protection of Privacy Act

1. (1) Subsection 2 (1) of the Freedom of Information and Protection of Privacy Act is amended by repealing the following definition:

“educational institution” means an institution that is a board of governors of a college of applied arts and technology or that is a university; (“établissement d’enseignement”)

(2) Clause (b) of the definition of “law enforcement” in subsection 2 (1) of the Act is amended by striking out “and” and substituting “or”.

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

Business identity information, etc.

(3) Personal information does not include the name, title, contact information or designation of an individual that identifies the individual in a business, professional or official capacity.

Same

(4) For greater certainty, subsection (3) applies even if an individual carries out business, professional or official responsibilities from their dwelling and the contact information for the individual relates to that dwelling.

3. Section 35 of the Act is repealed and the following substituted:

Documents made available

35. (1) The responsible minister shall cause the materials described in sections 31, 32 and 45 to be made generally available for inspection and copying by the public and shall cause them to be made available to the public on the Internet or in the reading room, library or office designated by each institution for this purpose.

Same

(2) Every head shall cause the materials described in sections 33 and 34 to be made available to the public on the Internet or in the reading room, library or office designated by each institution for this purpose.

4. Section 36 of the Act is repealed and the following substituted:

Information from heads

36. (1) Every head shall provide to the responsible minister the information needed by the responsible minister to prepare the materials described in sections 31, 32 and 45.

Annual review

(2) Every head shall conduct an annual review to ensure that all the information the head is required to provide under subsection (1) is provided and that all such information is accurate, complete and up to date.

5. (1) Clause 42 (1) (d) of the Act is repealed and the following substituted:

(d) where disclosure is made to an officer, employee, consultant or agent of the institution who needs the record in the performance of their duties and where disclosure is necessary and proper in the discharge of the institution’s functions;

(2) The English version of clause 42 (1) (n) of the Act is amended by striking out “and” at the end and substituting “or”.

6. Section 43 of the Act is amended by striking out “41 (b) and 42 (c)” and substituting “41 (1) (b) and 42 (1) (c)”.

7. Subsection 50 (3) of the Act is repealed and the following substituted:

Notice of application for appeal

(3) Upon receiving a notice of appeal, the Commissioner shall inform the head of the institution concerned of the notice of appeal and may also inform any other institution or person with an interest in the appeal, including an institution within the meaning of the Municipal Freedom of Information and Protection of Privacy Act, of the notice of appeal.

8. (1) Subsection 52 (13) of the Act is repealed and the following substituted:

Representations

(13) The person who requested access to the record, the head of the institution concerned and any other institution or person informed of the notice of appeal under subsection 50 (3) shall be given an opportunity to make representations to the Commissioner, but no person is entitled to have access to or to comment on representations made to the Commissioner by any other person or to be present when such representations are made.

(2) Subsection 52 (14) of the Act is repealed and the following substituted:

Right to counsel

(14) The person who requested access to the record, the head of the institution concerned and any other institution or person informed of the notice of appeal under subsection 50 (3) may be represented by counsel or an agent.

(3) Subsection (5) applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent.

(4) References in subsection (5) to a provision of Bill 14 are references to that provision as it was numbered in the first reading version of the Bill.

(5) Immediately after the later of the coming into force of subsection (1) and the coming into force of section 109 of Schedule C to Bill 14, subsection 52 (14) of the Act is repealed and the following substituted:

Right to representation

(14) Each of the following may be represented by a person authorized under the Law Society Act to represent them:

1. The person who requested access to the record.

2. The head of the institution concerned.

3. Any other institution or person informed of the notice of appeal under subsection 50 (3).

9. Subsection 60 (1) of the Act is amended by adding the following clauses:

(b.1) requiring the head of an institution to assist persons with disabilities in making requests for access under subsection 24 (1) or 48 (1);

. . . . .

(d.1) providing for procedures to be followed by an institution if personal information is disclosed in contravention of this Act;

. . . . .

  (f.1) respecting the disposal of personal information under subsection 40 (4), including providing for different procedures for the disposal of personal information based on the sensitivity of the personal information;

10. Subsection 62 (1) of the Act is amended by adding “or another institution” after “institution”.

11. Section 65 of the Act is amended by adding the following subsection:

Same

(5.2) This Act does not apply to a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed.

12. Section 68 of the Act is repealed.

Municipal Freedom of Information and Protection of Privacy Act

13. (1) Clause (b) of the definition of “law enforcement” in subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is amended by striking out “and” and substituting “or”.

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

“Minister” means the minister designated under section 3 of the Freedom of Information and Protection of Privacy Act as the responsible minister for the purposes of that Act; (“ministre”)

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

Business identity information, etc.

(2.1) Personal information does not include the name, title, contact information or designation of an individual that identifies the individual in a business, professional or official capacity.

Same

(2.2) For greater certainty, subsection (2.1) applies even if an individual carries out business, professional or official responsibilities from their dwelling and the contact information for the individual relates to that dwelling.

14. (1) Subsection 17 (1.1) of the Act is amended by striking out “subsection (2) does not apply” and substituting “subsections (2) to (5) do not apply”.

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

Request for continuing access to record

(3) The applicant may indicate in the request that it shall, if granted, continue to have effect for a specified period of up to two years.

Institution to provide schedule

(4) When a request that is to continue to have effect is granted, the institution shall provide the applicant with,

(a) a schedule showing dates in the specified period on which the request shall be deemed to have been received again, and explaining why those dates were chosen; and

(b) a statement that the applicant may ask the Commissioner to review the schedule.

Act applies as if new requests were being made

(5) This Act applies as if a new request were being made on each of the dates shown in the schedule.

15. Clause 32 (d) of the Act is repealed and the following substituted:

(d) if the disclosure is made to an officer, employee, consultant or agent of the institution who needs the record in the performance of their duties and if the disclosure is necessary and proper in the discharge of the institution’s functions;

16. Subsection 39 (3) of the Act is repealed and the following substituted:

Notice of application for appeal

(3) Upon receiving a notice of appeal, the Commissioner shall inform the head of the institution concerned of the notice of appeal and may also inform any other institution or person with an interest in the appeal, including an institution within the meaning of the Freedom of Information and Protection of Privacy Act, of the notice of the appeal.

17. (1) Subsection 41 (13) of the Act is repealed and the following substituted:

Representations

(13) The person who requested access to the record, the head of the institution concerned and any other institution or person informed of the notice of appeal under subsection 39 (3) shall be given an opportunity to make representations to the Commissioner, but no person is entitled to have access to or to comment on representations made to the Commissioner by any other person or to be present when such representations are made.

(2) Subsection 41 (14) of the Act is repealed and the following substituted:

Right to counsel

(14) The person who requested access to the record, the head of the institution concerned and any other institution or person informed of the notice of appeal under subsection 39 (3) may be represented by counsel or an agent.

(3) Subsection (5) applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent.

(4) References in subsection (5) to a provision of Bill 14 are references to that provision as it was numbered in the first reading version of the Bill.

(5) Immediately after the later of the coming into force of subsection (1) and the coming into force of section 118 of Schedule C to Bill 14, subsection 41 (14) of the Act is repealed and the following substituted:

Right to representation

(14) Each of the following may be represented by a person authorized under the Law Society Act to represent them:

1. The person who requested access to the record.

2. The head of the institution concerned.

3. Any other institution or person informed of the notice of appeal under subsection 39 (3).

18. Subsection 47 (1) of the Act is amended by adding the following clauses:

(a.1) requiring the head of an institution to assist persons with disabilities in making requests for access under subsection 17 (1) or 37 (1);

. . . . .

(c.1) providing for procedures to be followed by an institution if personal information is disclosed in contravention of this Act;

. . . . .

(e.1) respecting the disposal of personal information under subsection 30 (4), including providing for different procedures for the disposal of personal information based on the sensitivity of the personal information;

19. The French version of subsection 49 (1) of the Act is amended by adding “ou d’une autre institution” at the end.

20. Section 52 of the Act is amended by adding the following subsection:

Same

(2.1) This Act does not apply to a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed.

21. Section 55 of the Act is repealed.

Related amendments

Christopher’s Law (Sex Offender Registry), 2000

22. Subsection 10 (4) of Christopher’s Law (Sex Offender Registry), 2000 is amended by striking out “42 (e)” and substituting “42 (1) (e)”.

Employment Standards Act, 2000

23. Subsection 138.1 (3) of the Employment Standards Act, 2000 is amended by striking out “42 (e)” and substituting “42 (1) (e)”.

Ministry of Correctional Services Act

24. Subsection 10 (4) of the Ministry of Correctional Services Act is amended by striking out “42 (e)” and substituting “42 (1) (e)”.

Occupational Health and Safety Act

25. Subsection 68.1 (3) of the Occupational Health and Safety Act is amended by striking out “42 (e)” and substituting “42 (1) (e)”.

Personal Health Information Protection Act, 2004

26. Clause 43 (1) (f) of the Personal Health Information Protection Act, 2004 is amended by striking out “42 (c), (g) or (n)” and substituting “42 (1) (c), (g) or (n)”.

Police Services Act

27. Subsection 41 (1.3) of the Police Services Act is amended by striking out “42 (e)” and substituting “42 (1) (e)”.

Vital Statistics Act

28. Subsection 48.13 (8) of the Vital Statistics Act is amended by striking out “42 (e)” and substituting “42 (1) (e)”.

Commencement

Commencement

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

Sme

(2) This section, subsections 8 (3), (4) and (5) and subsections 17 (3), (4) and (5) come into force on the day the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 receives Royal Assent.

Schedule D
Amendments to Bereavement related Statutes

Funeral, Burial and Cremation Services Act, 2002

1. (1) Subsection 1 (1) of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding the following definitions:

“aboriginal peoples” includes the Indian, Inuit and Métis peoples of Canada; (“autochtone”)

“by-laws”, when used in relation to a cemetery or crematorium, means the rules under which the cemetery or crematorium is operated; (“règlements administratifs”)

“investigator” means a person appointed as an investigator under subsection 69 (1); (“enquêteur”)

“person”, with respect to a cemetery, includes,

(a) a board of trustees established for the purpose of operating the cemetery, and

(b) any organization or group of persons organized for the purpose of operating the cemetery; (“personne”)

“plot” means two or more lots in respect of which the rights to inter have been sold as a unit; (“concession”)

“private scattering ground” means land within a cemetery that is set aside to be used for the scattering of cremated human remains of only those persons who are related or affiliated in a manner specified in the contract at the time the scattering rights are sold; (“aire de dispersion privée”)

“private structure” means a mausoleum or columbarium situated on a cemetery set aside for the interment of human remains of only those persons who are related or affiliated in a manner specified in the contract at the time the interment rights are sold; (“construction privée”)

(2) The definitions of “burial site”, “casket”, “cemetery”, “crematorium”, “funeral establishment”, “income”, “licensed services”, “licensed supplies”, “mausoleum”, “Minister” and “Ministry” in subsection 1 (1) of the Act are repealed and the following substituted:

“burial site” means land containing human remains that is not a cemetery; (“lieu de sépulture”)

“casket” means a container intended to hold a dead human body for funeral, cremation or interment purposes and that is not a vault, burial container or a grave liner; (“cercueil”)

“cemetery” means,

(a) land that has been established as a cemetery under this Act, a private Act or a predecessor of one of them that related to cemeteries, or

(b) land that was recognized by the registrar as a cemetery under a predecessor of this Act that related to cemeteries,

and includes,

(c) land that, in the prescribed circumstances, has been otherwise set aside for the interment of human remains, and

(d) a mausoleum or columbarium intended for the interment of human remains; (“cimetière”)

“crematorium” means a building that is fitted with appliances for the purpose of cremating human remains and that has been approved as a crematorium or established as a crematorium in accordance with the requirements of this Act or a predecessor of it and includes everything necessarily incidental and ancillary to that purpose; (“crématoire”)

“funeral establishment” means premises established for the purpose of temporarily placing dead human bodies, and in prescribed circumstances cremated human remains, so that persons may attend and pay their respects; (“résidence funéraire”)

“income” means the interest or money earned, including its compounding, by the investment of funds, including any capital gains realized from the investment of funds held in trust for the purposes of section 52 or 56; (“revenu”)

“licensed services” means cemetery services, crematorium services, funeral services and transfer services and includes interment rights and scattering rights and any other services that are sold or provided by a person licensed under this Act in the normal course of a business regulated under this Act; (“services autorisés”)

“licensed supplies” means caskets and markers and any other supplies that are sold by a person licensed under this Act in the normal course of a business regulated under this Act; (“fournitures autorisées”)

“mausoleum” means a structure, other than a columbarium, used as a place for the interment of human remains in tombs, crypts or compartments; (“mausolée”)

“Minister” means the Minister of Government Services or whatever other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

(3) The definition of “cemetery services” in subsection 1 (1) of the Act is amended by adding “by a cemetery operator” after “services provided”.

(4) The definition of “columbarium” in subsection 1 (1) of the Act is amended by adding “niches or” after “remains in”.

(5) The definition of “funeral director” in subsection 1 (1) of the Act is repealed.

(6) The definition of “lot” in subsection 1 (1) of the Act is amended by adding “interred” after “contain”.

(7) The definition of “sales representative” in subsection 1 (1) of the Act is repealed.

(8) The English version of the definition of “scattering grounds” in subsection 1 (1) of the Act is amended by striking out “grounds” and substituting “ground”.

(9) The English version of the definition of “scattering rights” in subsection 1 (1) of the Act is amended by striking out “grounds” and substituting “ground”.

(10) The English version of the definition of “scattering rights holder” in subsection 1 (1) of the Act is amended by striking out “interment rights” and substituting “scattering rights”.

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

Associated persons

(2) For the purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of a voting trust and the trust relates to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person.

2. Part I of the Act is amended by adding the following section:

Application

1.1 (1) This Act applies to all transactions relating to licensed supplies and services even if the purchaser in the transaction or the person engaging in the transaction with the purchaser is located outside of Ontario when the transaction takes place.

Alternative dispositions of human remains

(2) Subject to the regulations, the provisions of this Act dealing with crematoriums, cremation and crematorium services apply, with necessary modifications, to establishments that provide alternative processes or methods of disposing of human remains and to those processes or methods.

3. (1) Subsection 4 (2) of the Act is amended by striking out “No person shall sell” in the portion before clause (a) and substituting “No person shall sell or offer to sell”.

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

(a) the person holds a prescribed licence and is acting on behalf of a cemetery operator; or

(3) Section 4 of the Act is amended by adding the following subsections:

Land for scattering

(5) No person shall maintain or set aside land to be used for the purpose of scattering cremated human remains unless the person is licensed as a cemetery operator and the land is within a cemetery.

Fee for scattering

(6) No person shall charge a fee for the use of land for scattering cremated human remains unless the person is a licensed cemetery operator and the scattering takes place on land within a cemetery.

4. (1) Subsection 5 (2) of the Act is repealed and the following substituted:

Owner

(2) If there is no licensed operator of a cemetery, the owner of the cemetery is subject to the duties of an operator of a cemetery under this Act, subject to the regulations.

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

(3) Clause 5 (5) (a) of the Act is amended by striking out “sales representative” and substituting “licensee”.

5. (1) Subsection 6 (2) of the Act is amended by striking out “No person shall sell” in the portion before clause (a) and substituting “No person shall sell or offer to sell”.

(2) Clause 6 (2) (a) of the Act is repealed and the following substituted:

(a) the person holds a prescribed licence and is acting on behalf of a crematorium operator; or

6. Clause 7 (2) (a) of the Act is amended by striking out “sales representative” and substituting “licensee”.

7. Subsections 8 (2) to (10) of the Act are repealed and the following substituted:

Selling funeral services

(2) No person shall sell or offer to sell funeral services to the public, or hold themself out as available to sell funeral services to the public, unless,

(a) the person holds a prescribed licence and is acting on behalf of a funeral establishment operator;

(b) the person is a licensed funeral establishment operator; or

(c) the person is part of a prescribed class of persons and the services are prescribed.

Exception

(3) A licence is not required with respect to rites or ceremonies traditionally provided in a place of worship.

8. (1) Clauses 9 (1) (b) and (c) of the Act are repealed and the following substituted:

(b) every licensee that is employed in the funeral establishment carries out his or her duties in compliance with this Act and the regulations; and

(c) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

(2) Subsections 9 (2) to (6) of the Act are repealed.

9. (1) Subsections 10 (2) and (3) of the Act are repealed and the following substituted:

Sale of caskets

(2) No person shall sell or offer to sell a casket to the public, or hold themself out as available to sell a casket to the public, unless,

(a) the person is licensed to operate a casket retailing business, cemetery, crematorium, transfer service or funeral establishment; or

(b) the person holds a prescribed licence and is acting on behalf of an operator of a casket retailing business, cemetery, crematorium, transfer service or funeral establishment.

(2) Clause 10 (4) (a) of the Act is amended by striking out “sales representative” and substituting “licensee”.

10. (1) Subsections 11 (2) and (3) of the Act are repealed and the following substituted:

Sale of markers

(2) No person shall sell or offer to sell a marker to the public, or hold themself out as available to sell a marker to the public, unless,

(a) the person is licensed to operate a marker retailing business, cemetery, crematorium, transfer service or funeral establishment; or

(b) the person holds a prescribed licence and is acting on behalf of an operator of a marker retailing business, cemetery, crematorium, transfer service or funeral establishment.

(2) Clause 11 (4) (a) of the Act is amended by striking out “sales representative” and substituting “licensee”.

11. (1) Subsections 12 (1) to (3) of the Act are repealed and the following substituted:

Operation of transfer services

(1) No person shall operate, or hold themself out as the operator of a transfer service, unless the person is licensed to operate a transfer service.

Selling services

(2) No person shall sell or offer to sell transfer services to the public, or hold themself out as available to sell transfer services to the public, unless,

(a) the person is licensed as a transfer service operator or a funeral establishment operator; or

(b) the person holds a prescribed licence and is acting on behalf of a transfer service operator or a funeral establishment operator.

(2) Clause 12 (4) (a) of the Act is amended by striking out “sales representative” and substituting “licensee”.

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

Transition

13. (1) If a person was licensed as a cemetery owner under the Cemeteries Act (Revised) on the day immediately before section 4 of this Act comes into force, the person shall, beginning on the day that section comes into force, be deemed to be licensed as a cemetery operator under this Act until the person is required to renew the licence under this Act.

Crematorium owner

(2) If a person was licensed as a crematorium owner under the Cemeteries Act (Revised) on the day immediately before section 6 of this Act comes into force, the person shall, beginning on the day that section comes into force, be deemed to be licensed as a crematorium operator under this Act until the person is required to renew the licence under this Act.

Certain operators

(3) Any person who held a licence as the operator of a funeral establishment or as the operator of a transfer service under the Funeral Directors and Establishments Act on the day immediately before section 8 or 12 of this Act comes into force shall be deemed to hold an equivalent licence under this Act until the person is required to renew the licence under this Act.

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

Requirements for licences

(1) An applicant is entitled to a licence or to a renewal of the licence unless,

(a) the applicant or an interested person in respect of the applicant,

(i) is in contravention of this Act or the regulations, or

(ii) would be in contravention of this Act, the regulations, another Act or a municipal by-law if the applicant were issued a licence;

(b) the applicant is not a corporation and,

(i) having regard to the applicant’s financial position or the financial position of an interested person in respect of the applicant, the applicant cannot reasonably be expected to be financially responsible in the conduct of business,

(ii) the past conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds for belief that the applicant will not carry on business in accordance with the law and with integrity and honesty, or

(iii) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for a licence or for renewal of a licence;

(c) the applicant is a corporation and,

(i) the past conduct of officers or directors of the applicant or of an interested person in respect of the applicant affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty, or

(ii) an officer, director, employee or agent of the applicant makes a false statement or provides a false statement in an application for a licence or for renewal of a licence;

(d) in the case of an applicant for a licence to operate a cemetery, crematorium, funeral establishment, casket or marker retailing business, transfer service or other bereavement activity for which a licence is required under the regulations, or a renewal of such a licence,

(i) in the opinion of the registrar, the applicant or managing employees of the applicant do not have the integrity, honesty, experience and competence required to manage the business in accordance with the law, or having regard for the financial position of the applicant or managing employees, the applicant or managing employees cannot be reasonably expected to be financially responsible in the conduct of the business,

(ii) the applicant is unable to provide the resources and facilities required to manage a business, or

(iii) the registrar has reasonable grounds to believe that the operation of the business by the applicant creates a risk to public health, safety or decency;

(e) in the case of an applicant for a licence to operate a funeral establishment, casket or marker retailing business, transfer service or other bereavement activity for which a licence is required under the regulations, or a renewal of such a licence, the applicant is,

(i) a board of trustees established for the purpose of operating a cemetery, except if the applicant is otherwise a person within the meaning of the Interpretation Act and is applying in that capacity, or

(ii) any organization or group of persons organized for the purpose of operating a cemetery, except if the applicant is otherwise a person within the meaning of the Interpretation Act and is applying in that capacity;

(f) the applicant fails to satisfy the other requirements that are prescribed;

(g) the applicant or other person that is prescribed has not successfully completed the educational requirements that are prescribed;

(h) the applicant is in breach of a condition of the licence; or

(i) the applicant fails to comply with a request made by the registrar under section 111.

(2) Subsection 14 (3) of the Act is amended by adding “if the person is associated with the other person or” after “another person” in the portion before clause (a).

14. (1) Subsection 15 (1) of the Act is repealed and the following substituted:

Disclosure upon application

(1) Upon applying for a licence or a renewal of a licence, an applicant that is a corporation shall disclose to the registrar the identity of any persons or any persons associated with each other that beneficially own or control 10 per cent or more of the corporation’s equity shares issued and outstanding at the time of the application.

(2) Subsections 15 (3) and (4) of the Act are repealed.

15. Subsection 16 (1) of the Act is amended by striking out “by regulation” at the end.

16. Section 17 of the Act is repealed and the following substituted:

Refusal to issue

17. (1) Subject to section 18, the registrar may refuse to issue a licence if of the opinion that the applicant is not entitled to a licence under section 14.

Revocation, refusal to renew, etc.

(2) Subject to section 18, the registrar may refuse to renew a licence or may suspend or revoke a licence if of the opinion that the licensee is not entitled to a licence under section 14 or the licensee is in breach of a condition of the licence.

Limitation

(3) Despite subsection (2), the registrar shall not suspend or revoke a licence to operate a cemetery unless the director has appointed a manager in accordance with section 25 to operate the cemetery instead of the person who is licensed to operate it.

17. Subsection 23 (2) of the Act is amended by striking out “such things as are prescribed” and substituting “the prescribed things that the registrar specifies”.

18. Subsection 26 (1) of the Act is repealed and the following substituted:

Notice of transfer of shares

(1) In addition to the disclosure required under subsection 15 (1), every licensee that is a corporation shall notify the registrar in writing within 30 days after the issue or the transfer of any equity shares of the corporation if the issue or transfer results in,

(a) any person or any persons that are associated with each other, acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation; or

(b) an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue or transfer, unless otherwise prescribed.

19. (1) Subsection 28 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Order of registrar

(1) If the registrar believes on reasonable grounds that a licensee is making a false, misleading or deceptive statement in any advertisement, circular, pamphlet, brochure, price list, contract, letterhead or similar material published by any means, the registrar may,

. . . . .

(2) Subsection 28 (4) of the Act is repealed and the following substituted:

Preapproval

(4) If the licensee does not appeal an order under this section or if the Tribunal upholds the order or a variation of it, the licensee shall, upon the request of the registrar and subject to subsection (5), submit all statements in any advertisement, circular, pamphlet, brochure, price list, contract, letterhead or similar material to the registrar for approval before publication.

Duration of duty

(5) The licensee shall submit statements under subsection (4) for a period of time that the registrar designates, which shall not exceed 12 months.

20. Clause 29 (3) (b) of the Act is amended by adding “or business” after “licensee” wherever that expression appears.

21. Subsection 34 (2) of the Act is amended by adding “within 30 days” at the end.

22. Sections 36 and 37 of the Act are repealed.

23. Sections 38 and 39 of the Act are repealed and the following substituted:

Contract price

38. If money is paid under a contract for the sale or provision of licensed supplies and services in advance of the provision of the supplies and services and if, subsequent to the payment but before the provision of the supplies and services, there is an increase in the price of any of those supplies and services, the operator shall not charge the purchaser any additional amount in respect of the increase and may retain only the amounts that are prescribed.

Tied selling

38.1 No operator shall require, as a condition to selling certain licensed supplies and services to a purchaser, whether or not the condition is set out in a contract, that the purchaser also purchase other supplies and services from the same operator or from a person specified by the operator, unless the operator does so in the circumstances that are prescribed.

Storage of supplies

39. An operator may, in the prescribed circumstances, agree to store or have stored, in accordance with the regulations, a prescribed licensed supply that is sold, in advance of the use of the supply.

24. Subsection 40 (3) of the Act is repealed and the following substituted:

Exception

(3) Subsections (1) and (2) do not apply to a contract for the provision of licensed supplies or services in the prescribed circumstances.

25. (1) Subsection 41 (2) of the Act is amended by striking out “any income earned on that money” and substituting “the amounts that are prescribed”.

(2) Subsection 41 (3) of the Act is amended by adding “Subject to the regulations” at the beginning.

26. (1) Subsection 42 (3) of the Act is amended by striking out “any income earned on that money” and substituting “the amounts that are prescribed”.

(2) Subsection 42 (4) of the Act is amended by adding “Subject to section 43” at the beginning.

27. Section 43 of the Act is repealed and the following substituted:

Delivery within 30 days

43. (1) Except as permitted by the regulations, an operator who enters into a contract for the provision of licensed supplies or services shall not provide any of the licensed supplies and services under the contract within 30 days after the day on which the contract is made.

Right to cancel

(2) By giving the operator written notice of cancellation, a purchaser may cancel a contract that includes the provision of licensed supplies or services within 30 days after the day on which the contract is made if the operator has not fully performed the contract.

Exception

(3) A right to cancel under subsection (2) does not apply with respect to interment or scattering rights that have been exercised.

Refund

(4) An operator who receives a notice of cancellation under subsection (2) shall, within 30 days of receiving the notice, refund to the purchaser,

(a) all money received under the contract, if none of the licensed supplies and services under the contract have been provided at the time the purchaser cancels the contract and the purchaser cancels the contract within 30 days after the day on which the contract is made; and

(b) all money received under the contract less the value of those supplies and services that have been provided, if part of the licensed supplies and services have been provided in accordance with the contract at the time the purchaser cancels the contract and the purchaser cancels the contract within 30 days after the day on which the contract is made.

Unauthorized delivery

(5) If the operator provides licensed supplies or services to a purchaser within 30 days after the day on which the contract is made and the regulations do not permit the provision of the licensed supplies or services, the purchaser continues to be entitled to those cancellation rights with respect to the supplies or services that are provided under sections 41 and 42.

28. Subsections 44 (1) to (5) of the Act are repealed and the following substituted:

Further cancellation rights

(1) The purchaser under a contract for the provision of licensed supplies or services, other than interment rights and scattering rights, may cancel the contract at any time if a right to cancel under section 42 or 43 no longer applies and if the operator has not fully performed the contract.

Exception

(2) Subsection (1) does not apply to the portion of a contract relating to private structures or a private scattering ground and the provisions of that portion relating to cancellation do apply.

Notice

(3) A purchaser may cancel a contract under subsection (1) by giving the operator written notice of cancellation.

Refund

(4) An operator who receives a notice of cancellation under subsection (3) shall, within 30 days of receiving the notice, refund to the purchaser,

(a) all money received under the contract, together with the amounts that are prescribed, less a prescribed amount, if none of the licensed supplies and services under the contract have been provided at the time the contract is cancelled; and

(b) the amount specified in clause (a), less the value of the supplies and services that have  been provided, if part of the licensed supplies and services have been provided in accordance with the contract at the time the purchaser cancels the contract.

29. Section 45 of the Act is amended by adding “43” after “42”.

30. (1) Clause 47 (2) (a) of the Act is repealed and the following substituted:

(a) to the third party purchaser, such information as may be prescribed in such manner as may be prescribed; and

(2) Subsection 47 (3) of the Act is amended by adding “Subject to subsection (3.1)” at the beginning.

(3) Section 47 of the Act is amended by adding the following subsection:

Exception

(3.1) Subsection (3) does not apply to an operator who purchases interment rights or scattering rights for the purpose of reselling the rights if the resale is incidental to carrying on the business of a cemetery, crematorium, funeral establishment, casket retailing business, marker retailing business or transfer service.

(4) Paragraph 2 of subsection 47 (6) of the Act is repealed and the following substituted:

2. The market value of the interment rights or scattering rights on the day the operator receives notice of cancellation of the contract, less the amount, if any, owing under the contract as of the day on which the rights holder cancels the contract.

(5) Subsection 47 (7) of the Act is repealed and the following substituted:

Market value

(7) For the purposes of paragraph 2 of subsection (6), the market value of the interment rights or scattering rights shall be,

(a) if the price for the rights is set out on the operator’s price list, the price set out in the price list; and

(b) if the price for the rights is not set out on the operator’s price list, the price determined in accordance with the regulations.

(6) Subsection 47 (11) of the Act is repealed.

(7) Section 47 of the Act is amended by adding the following subsection:

Same

(13) This section applies with necessary modifications to transfers for no consideration of interment or scattering rights.

31. (1) Subsection 48 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Other rights

(1) An interment rights holder or a person authorized to act on the holder’s behalf has the right to,

. . . . .

(2) Clause 48 (1) (c) of the Act is repealed and the following substituted:

(c) have reasonable access to the lot to which the interment rights relate at any time, except as prohibited by the cemetery by-laws; and

(3) Subsection 48 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Same: scattering rights

(3) A scattering rights holder or a person authorized to act on the holder’s behalf has the right to,

. . . . .

(4) The English version of the following provisions of the Act is amended by striking out “grounds” wherever that expression appears and substituting in each case “ground”:

1. Clause 48 (3) (a).

2. Clause 48 (3) (b).

(5) Clause 48 (3) (c) of the Act is repealed and the following substituted:

(c) have reasonable access to the scattering ground to which the scattering rights relate at any time, except as prohibited by the cemetery by-laws; and

(6) The English version of subsection 48 (4) of the Act is amended by striking out “grounds” and substituting “ground”.

32. Subsection 49 (7) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Time for sale

(7) The operator of a cemetery shall not sell interment rights or scattering rights that have been declared abandoned or remove any marker erected on the lot or scattering ground until,

. . . . .

33. Subclause 50 (2) (a) (iii) of the Act is amended by striking out “by regulation”.

34. (1) Subsection 52 (1) of the Act is amended by striking out “in accordance with the regulations” and substituting “if required by the regulations”.

(2) Subsection 52 (3) of the Act is repealed and the following substituted:

Non-application

(3) Unless the regulations provide otherwise, this section does not apply to money received by or on behalf of a cemetery operator if the money is required to be paid into an account or a fund under section 53 or 56.

(3) Subsections 52 (5) to (10) of the Act are repealed and the following substituted:

Payment out

(5) Money held in trust under this section and any income from the money shall not be paid out except in accordance with the regulations.

Refunds

(6) This section does not apply to a refund amount owing under a contract if the amount of the refund is less than a prescribed amount.

Application

(7) This section applies to money received by an operator under a contract entered into on or after the day this section comes into force.

Transition

(8) An operator who receives money in respect of the sale of licensed supplies or services, in advance of the provision of those supplies or services, under a contract entered into before the day this section comes into force shall ensure that the money is held in trust and disbursed in accordance with the rules established under the Cemeteries Act (Revised) or the Funeral Directors and Establishments Act, as applicable, even if the operator receives the money on or after the day this section comes into force.

Same

(9) Subject to subsection (11), if, immediately before the day this subsection comes into force, an operator was licensed under the Cemeteries Act (Revised) or under the Funeral Directors and Establishments Act and was holding in trust money under either of those Acts, other than money in a care and maintenance fund, the operator shall,

(a) continue to hold the money in trust on and after that day in accordance with the rules established under the applicable one of those two Acts that are in force immediately before that day; and

(b) disburse the money on or after that day, in accordance with the rules established under the applicable one of those two Acts.

Same, income

(10) The definition of “income” does not apply to money described in subsection (8) or (9).

Conflict

(11) The rules under the Cemeteries Act (Revised) and the Funeral Directors and Establishments Act prevail with respect to money described in subsection (8) or (9) unless the regulations provide otherwise.

35. Section 53 of the Act is repealed and the following substituted:

Cemetery care and maintenance fund or account

53. (1) Unless the regulations provide otherwise, every cemetery operator who sells, assigns or transfers interment rights or scattering rights or who permits the interment of human remains or the scattering of cremated human remains in the cemetery shall have a care and maintenance fund or, if the regulations so permit, a care and maintenance account.

Combinations

(2) Subsection (1) does not preclude a cemetery operator from having more than one care and maintenance fund or account for a single cemetery, from having a single care and maintenance fund or account for more than one cemetery operated by the operator or from having a combination of both.

Place

(3) A care and maintenance fund or account shall be established in a prescribed type of institution.

Purpose

(4) The purpose of a care and maintenance fund or account is to generate income for the care and maintenance of the cemetery.

Trustee of fund

(5) A care and maintenance fund shall be administered by,

(a) a trustee who meets the prescribed criteria; or

(b) a trustee who is employed by a prescribed type of institution.

Trustee of account

(6) The cemetery operator shall be the trustee of a care and maintenance account unless the regulations provide otherwise.

Exception, municipal operator

(7) Despite subsections (5) and (6), a local municipality may act as the trustee for care and maintenance money in the prescribed circumstances.

Exception, Public Guardian and Trustee

(8) Despite subsections (5) and (6), a prescribed cemetery operator who does not have a practical alternative may require the Public Guardian and Trustee to act as the trustee for care and maintenance money for the cemetery.

Marker installation

(9) Before a marker is installed in a cemetery, the person on behalf of whom the marker is to be installed shall pay the prescribed amount to the cemetery operator.

Payment into fund or account

(10) Within the prescribed period after a marker is installed in a cemetery, the cemetery operator shall pay the amount prescribed for the purposes of subsection (9) into a care and maintenance fund or account for the cemetery, whether or not the cemetery operator receives that amount under that subsection.

Installation of private structure

(11) Before a private structure that is constructed or provided by a person other than the cemetery operator is installed in a cemetery on behalf of a person other than the cemetery operator, the person on behalf of whom the structure is to be installed shall pay the prescribed amount to the cemetery operator.

Development of private scattering ground

(12) Before a private scattering ground that is developed by a person other than the cemetery operator is developed in a cemetery on behalf of a person other than the cemetery operator, the person on behalf of whom the scattering ground is to be developed shall pay the prescribed amount to the cemetery operator.

Payment into fund or account

(13) If an installation or development described in subsection (11) or (12) occurs, the cemetery operator shall pay the amount prescribed for the purposes of the applicable one of those subsections into a care and maintenance fund or account for the cemetery within the prescribed period, whether or not the cemetery operator receives that amount under the applicable subsection.

Other payments

(14) In addition to the amounts, if any, paid into a care and maintenance fund or account for a cemetery under subsection (10) or (13) or clause 86 (1) (c), the cemetery operator shall pay the prescribed amounts into a care and maintenance fund or account for the cemetery at the times that are prescribed.

Payments out of fund

(15) A trustee of a care and maintenance fund for a cemetery shall pay the income from the fund, after deducting the trustee’s fees, to the cemetery operator.

Payments out of account

(16) A trustee of a care and maintenance account for a cemetery shall pay the income from the account to the cemetery operator.

Use of income

(17) A cemetery operator who receives money under subsection (15) or (16) shall use the money only for the prescribed purposes and in accordance with the prescribed rules.

No use of capital portion

(18) No trustee of a care and maintenance fund or account shall pay out any of the capital portion of the fund or account except as required or permitted by this Act or the regulations.

Transfer of fund or account

(19) A trustee of a care and maintenance fund or account may transfer the fund or account to another trustee, with the written consent of the registrar.

Transition

(20) A care and maintenance fund that was established under the Cemeteries Act (Revised), a private Act or a predecessor of one of them that related to cemeteries and that exists immediately before the day this subsection comes into force is deemed to be a care and maintenance fund established under this section and to be subject to the provisions of this Act and the regulations relating to care and maintenance funds.

36. Section 54 of the Act is repealed and the following substituted:

Payments into care and maintenance fund or account

54. (1) If bereavement related activity, other than interments or scatterings, for which a licence is required under this Act, takes place on cemetery land, the cemetery operator shall, in the prescribed circumstances, in accordance with the prescribed procedures and within the prescribed time, make the payment described in subsection (2) into the care and maintenance fund or account for the cemetery and shall report to the registrar as prescribed.

Amount of payment

(2) The payment shall correspond to the property tax that would be payable if the land were liable to assessment and taxation under other Acts and shall be in the prescribed amount or calculated based on the prescribed basis.

37. Section 55 of the Act is repealed and the following substituted:

Temporary holding in trust

55. (1) Unless the regulations provide otherwise, if a cemetery operator receives money that is required under the Act to be paid into a care and maintenance fund or account for the cemetery and does not pay it into the fund or account immediately, the operator shall ensure that the money is held in trust until it is paid into a care and maintenance fund or account for the cemetery or is otherwise paid out in accordance with the regulations.

Payments into trust

(2) A cemetery operator shall pay the money that is required to be held in trust under this section into a trust account in accordance with the regulations.

Payment out

(3) A cemetery operator shall ensure that money held in trust under this section and any income from the money is not paid out except in accordance with the regulations.

38. (1) Subsection 56 (1) of the Act is repealed and the following substituted:

Sale of future interment rights

(1) If interment rights are sold with respect to a cemetery lot that, at the time of the sale, is not built, developed or otherwise ready for interment purposes, the operator of the cemetery,

(a) is not, despite subsection 53 (14), required to pay any money from the sale of the interment rights into the cemetery’s care and maintenance fund or account; and

(b) shall ensure that the money described in clause (a) and any money received from the sale of any supplies or services related to the sale of interment rights and under the same contract is held in trust in accordance with the regulations.

(2) Subsection 56 (2) of the Act is amended by adding “and any income from the money” after “section”.

39. Section 57 of the Act is repealed and the following substituted:

Investment of trust money

57. Despite subsection 27 (9) of the Trustee Act, no trustee shall make investments with money that this Act requires to be held in trust if the investments would contravene the standard for investments required under subsection 27 (2) of that Act.

40. Section 60 of the Act is amended by adding “or account” at the end.

41. Subsection 61 (2) of the Act is repealed and the following substituted:

Purpose

(2) The purpose of a prescribed compensation fund shall be to compensate a person who suffers a financial loss due to a failure on the part of a licensee to comply with this Act or the regulations or with the terms of an agreement made under this Act.

42. (1) Subsection 63 (1) of the Act is repealed and the following substituted:

Discipline and appeal committees

(1) The Minister shall establish one or more discipline committees in accordance with the regulations for the purpose of hearing and determining issues concerning whether licensees have failed to comply with a code of ethics established by the Minister under section 112.

(2) The English version of subsection 63 (2) of the Act is amended by striking out “appeals committees” and substituting “appeal committees”.

(3) The English version of subsection 63 (3) of the Act is repealed and the following substituted:

Composition

(3) The composition and manner of appointment of the members of a discipline committee and appeal committee shall be as prescribed.

43. (1) Paragraphs 1 and 2 of subsection 64 (2) of the Act are repealed and the following substituted:

1. Require the licensee to attend a specified educational program or require the licensee to ensure that a person prescribed for the purposes of clause 14 (1) (g) attends a specified educational program.

2. If the licensee is an operator, require the operator to fund educational programs for any person employed by the operator in accordance with the terms that the committee specifies or to arrange and fund such educational programs.

(2) Paragraph 4 of subsection 64 (2) of the Act is repealed and the following substituted:

4. Suspend or postpone the attending of specified educational programs, the funding or the funding and arranging of educational programs or the imposition of the fine for that period and upon those terms that the committee designates.

(3) Subsections 64 (3) to (6) of the Act are repealed and the following substituted:

Appeal

(3) A party to the discipline proceeding may appeal the decision of the discipline committee to the appropriate appeal committee.

Power of appeal committee

(4) An appeal committee may by order overturn, affirm or modify the order of the discipline committee and may make an order described in subsection (2).

Public access to decisions

(5) Decisions of a discipline committee and an appeal committee shall be made available to the public in the manner that is prescribed.

Payment of fine

(6) The licensee shall pay any fine imposed under subsection (2) or (4),

(a) if the fine is not the subject of an appeal, on or before the day specified in the order of the discipline committee or, if no day is specified in the order, on or before the 60th day after the date of the order; or

(b) if the fine is the subject of an appeal, on or before the day specified in the order of the appeal committee or, if no day is specified in the order, on or before the 60th day after the date of the order.

Educational programs

(7) A licensee who is required under subsection (2) or (4) to arrange and fund or to fund educational programs shall do so,

(a) if the requirement is not the subject of an appeal, on or before the day specified in the order of the discipline committee or, if no day is specified in the order, at the first reasonable opportunity after the date of the order; or

(b) if the requirement is the subject of an appeal, on or before the day specified in the order of the appeal committee or, if no day is specified in the order, at the first reasonable opportunity after the date of the order.

Attending educational programs

(8) A licensee who is required under subsection (2) or (4) to attend an educational program shall do so,

(a) if the requirement is not the subject of an appeal, on or before the day specified in the order of the discipline committee or, if no day is specified in the order, at the first reasonable opportunity after the date of the order; or

(b) if the requirement is the subject of an appeal, on or before the day specified in the order of the appeal committee or, if no day is specified in the order, at the first reasonable opportunity after the date of the order.

44. Section 65 of the Act is amended by striking out “Until such time as the Board of Funeral Services Act is repealed under section 139” and substituting “Until the regulations prescribe otherwise”.

45. (1) Subsection 66 (4) of the Act is amended by striking out “in accordance with the information received” in the portion before paragraph 1.

(2) Paragraph 3 of subsection 66 (4) of the Act is repealed and the following substituted:

3. Require the licensee to attend a specified educational program or require the licensee to ensure that a person prescribed for the purposes of clause 14 (1) (g) attends a specified educational program.

46. Subsections 67 (1) to (6) of the Act are repealed and the following substituted:

Inspection

(1) The registrar or a person designated in writing by the registrar may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the business premises of a licensee, other than any part of the premises used as a dwelling, for the purposes of,

(a) ensuring compliance with this Act and the regulations;

(b) dealing with a complaint under section 66; or

(c) ensuring the licensee remains entitled to be licensed.

Inspection of applicant for licence

(2) The registrar or a person designated in writing by the registrar may at any reasonable time conduct an inspection of the business premises of an applicant for a licence under this Act, other than any part of the premises used as a dwelling, for the purpose of ensuring the applicant is entitled to be licensed under this Act.

Powers

(3) While carrying out an inspection, an inspector,

(a) is entitled to free access to all money, valuables, documents, records, equipment, supplies and such other things of the person being inspected that are relevant to the inspection;

(b) may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form;

(c) may, upon giving a receipt for them, remove for examination and testing and may copy anything relevant to the inspection and testing, including any data storage disk or other retrieval device in order to produce information, but shall promptly return the thing to the person being inspected; and

(d) conduct tests that are reasonably necessary.

Identification

(4) An inspector shall produce, on request, evidence of his or her authority to carry out an inspection.

Production and assistance

(5) An inspector may, in the course of an inspection, require a person to produce a document, record, equipment, supply or such other things that are relevant to the inspection and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce information that is relevant to the inspection and that is in any form, and the person shall produce the things required and provide the assistance.

No obstruction

(6) No person shall obstruct an inspector conducting an inspection or withhold from the inspector or conceal, alter or destroy any money, valuables, documents, records, equipment, supplies or such other things that are relevant to the inspection.

47. Section 68 of the Act is repealed.

48. (1) Subsections 70 (1) and (2) of the Act are repealed and the following substituted:

Search warrant

(1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness to be licensed under this Act; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness to be licensed under this Act, or

(ii)   information or evidence relating to the contravention of this Act or the regulations or the person’s fitness to be licensed under this Act that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

(2) A warrant obtained under subsection (1) authorizes an investigator,

(a) to enter or access the building, dwelling, receptacle or place specified in the warrant and to seize, examine and remove anything described in the warrant;

(b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant in any form;

(c) to exercise any of the powers specified in subsection (9); or

(d) to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

(2.1) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

(2) Subsection 70 (5) of the Act is repealed.

(3) Subsection 70 (6) of the Act is amended by adding “or access” after “entry”.

(4) Subsection 70 (7) of the Act is amended by striking out “the investigator named in the warrant” and substituting “an investigator”.

(5) Subsection 70 (8) of the Act is amended by striking out “the investigator named in the warrant” and substituting “an investigator”.

(6) Subsections 70 (9) to (11) of the Act are repealed and the following substituted:

Obstruction

(9) No person shall obstruct an investigator executing a warrant under this section or withhold from the investigator or conceal, alter or destroy any thing relevant to the investigation being conducted pursuant to the warrant.

Assistance

(10) An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.

Return of seized things

(11) An investigator who seizes any thing under this section or section 70.1 may make a copy of it and shall return it within a reasonable time.

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

Seizure of things not specified

70.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

50. (1) Subsections 71 (1) and (2) of the Act are repealed and the following substituted:

Search in exigent circumstances

(1) An investigator may exercise any of the powers described in subsection 70 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

(2) Subsection 71 (4) of the Act is repealed and the following substituted:

Applicability of s. 70

(4) Subsections 70 (4), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

51. Sections 72 to 76 of the Act are repealed and the following substituted:

Freeze order, licensee

72. (1) If the conditions in subsection (2) are met, the director may in writing do one or more of the following:

1. Order any person having on deposit or controlling any money or asset of a licensee or former licensee to hold the money or asset.

2. Order a licensee or former licensee to refrain from withdrawing any money or asset from a person having it on deposit or controlling it.

3. Order a licensee or former licensee to hold any money or asset of a customer or other person in trust for the person entitled to it.

Conditions

(2) The director may make an order under subsection (1) if the director believes that it is advisable for the protection of the customers of a licensee or former licensee and,

(a) a search warrant has been issued under this Act; or

(b) criminal proceedings or proceedings in relation to a contravention under this Act or any other Act are about to be or have been instituted against the licensee or former licensee in connection with or arising out of the business in respect of which the licensee or former licensee is or was licensed.

Limitation

(3) An order made under subsection (1) against a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994 or a loan or trust corporation applies only to the offices and branches named in the order.

No order

(4) The director may not make an order under subsection (1) if the licensee or former licensee files with the director, in the manner and amount that the director determines,

(a) a personal bond accompanied by collateral security;

(b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance;

(c) a bond of a guarantor accompanied by collateral security; or

(d) another prescribed form of security.

Release

(5) The director may consent to the release of any particular money or asset from the order or may wholly revoke the order.

Application to court

(6) If the director makes an order under subsection (1), any one of the following persons may apply to a judge of the Superior Court of Justice for a determination in respect of the disposition of any money or asset that is the subject of the order:

1. A person who receives the order if the person is in doubt as to whether the order applies to the money or asset.

2. A person who claims an interest in the money or asset.

Notice registered against land

(7) If the director makes an order under subsection (1), the director may register, in the appropriate land registry office, a notice that the director has made the order and that the order may affect land belonging to the person specified in the notice, and the notice has the same effect as the registration of a certificate of pending litigation, except that the director may in writing revoke or modify the notice.

Cancellation or discharge

(8) A licensee or former licensee in respect of which an order has been made under subsection (1) or any person having an interest in land in respect of which a notice is registered under subsection (7) may apply to the Tribunal for cancellation in whole or in part of the order or for discharge in whole or in part of the registration.

Disposition by Tribunal

(9) The Tribunal shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part if the Tribunal finds,

(a) that the order or registration is not required in whole or in part for the protection of customers of the applicant or of other persons having an interest in the land; or

(b) that the interests of other persons are unduly prejudiced by the order or registration.

Parties

(10) The applicant, the director and the other persons that the Tribunal specifies are parties to the proceedings before the Tribunal.

Application to court

(11) After making an order under subsection (1) or registering a notice under subsection (7), the director may apply, without notice to any other party, to a judge of the Superior Court of Justice for directions or a determination in respect of the disposition of any money, asset or land that is affected by the order or the notice.

Freeze order, non-licensee

73. (1) The director may make an order described in subsection (2) in respect of money or assets of a person if,

(a) the director receives an affidavit in which it is alleged that the person is not licensed under this Act and,

(i) is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of conducting business for which a licence is required under this Act, or

(ii) owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a warrant has been issued under section 70;

(b) the affidavit sets out facts supporting the allegation mentioned in clause (a); and

(c) the director, based on the affidavit, finds reasonable grounds to believe that,

(i) in the course of conducting business for which a licence is required under this Act, the person has received money or assets from customers, and

(ii) that the interests of those customers require protection.

Order

(2) In the circumstances described in subsection (1), the director may, in writing,

(a) order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation mentioned in clause (1) (a) to hold the money or asset; or

(b) order the person who is the subject of the allegation mentioned in clause (1) (a),

(i) to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or

(ii) to hold any money or asset of a customer or other person in trust for the person who is entitled to it.

Application of other subsections

(3) Subsections 72 (3) to (11) apply with necessary modifications to an order made under this section.

52. (1) Clause 77 (1) (a) of the Act is amended by striking out “the licensee” and substituting “the operator”.

(2) Clause 77 (1) (c) of the Act is amended by striking out “a licensee” and substituting “the operator”.

(3) Subsections 77 (4) to (6) of the Act are repealed and the following substituted:

Duties

(4) The duties of the receiver and manager include,

(a) taking possession and control of the assets of the operator’s business;

(b) conducting the operator’s business; and

(c) taking the steps that are, in the opinion of the receiver and manager, necessary for the rehabilitation of the business.

(4) Section 77 of the Act is amended by adding the following subsection:

Application for directions

(10) A receiver and manager may apply at any time to a judge of the Superior Court of Justice for directions with respect to the duties or powers of the receiver and manager.

53. The English version of clause 79 (1) (b) of the Act is amended by striking out “order issued” and substituting “order made”.

54. Subsection 80 (2) of the Act is repealed and the following substituted:

Compensation already paid, etc.

(2) If the court makes an order in favour of a person under subsection (1) and the person has already received compensation or restitution,

(a) the person ordered to pay the compensation shall deliver the amount of the compensation paid to the person who paid it; or

(b) the person ordered to make the restitution shall deliver the things received in restitution to the person who made the restitution.

55. (1) Subsection 81 (1) of the Act is amended by striking out “a consumer reporting agency” and substituting “an agency that provides credit reports”.

(2) Subsection 81 (2) of the Act is amended by striking out “the consumer reporting agency” and substituting “the agency”.

(3) Subsection 81 (3) of the Act is repealed and the following substituted:

Transition

(3) If a fine is payable as a result of a conviction under the Cemeteries Act (Revised), the Funeral Directors and Establishments Act or the Board of Funeral Services Act, the director may treat the fine as if it is payable as a result of a conviction under this Act, in which case subsections (1) and (2) apply to the fine.

56. Section 83 of the Act is repealed and the following substituted:

Conditions to establishment, etc.

83. (1) If this Act or the regulations require the registrar’s consent for establishing, altering or increasing the capacity of a cemetery, no person shall do so without obtaining the registrar’s consent and,

(a) the approval of the local municipality, if the cemetery is situated in a local municipality or if it is proposed to establish the cemetery in the local municipality or to enlarge the cemetery to include land of a local municipality within the cemetery; or

(b) the approval of the Minister of Natural Resources, if the cemetery is situated on Crown land in territory without municipal organization or if it is proposed to establish the cemetery on such land or to enlarge the cemetery to include such land within the cemetery.

Obtaining registrar’s consent

(2) A person who requires the registrar’s consent for establishing, altering or increasing the capacity of a cemetery shall not request the consent until after having obtained the approval of the local municipality or the Minister of Natural Resources, as the case may be.

Crematorium

(3) No person shall establish a crematorium without,

(a) the approval of the local municipality in which the crematorium is to be located; or

(b) the approval of the Minister of Natural Resources if the crematorium is to be located on Crown land in territory without municipal organization.

Encumbrances on cemetery land

83.1 (1) No encumbrance on land of a cemetery is enforceable unless,

(a) it is given as security for money borrowed for,

(i) the purpose of improving the facilities provided on the land,

(ii) the purpose of acquiring the land, or

(iii) a purpose that the registrar approves and that relates to the operation of the cemetery; and

(b) the encumbrance contains an affidavit made by the encumbrancer stating that it complies with clause (a).

Dealing by encumbrancer

(2) No encumbrancer claiming an interest in land of a cemetery may deal with the land except in accordance with this Act.

57. (1) Subsection 84 (1) of the Act is repealed and the following substituted:

Municipal approval

(1) A local municipality that receives a request for an approval to establish, alter or increase the capacity of a cemetery in the municipality shall grant the approval if, in the municipality’s opinion, it is in the public interest.

Same, crematorium

(1.1) A local municipality that receives a request for an approval to establish a crematorium in the municipality shall grant the approval if, in the municipality’s opinion, it is in the public interest.

(2) The following provisions of the Act are amended by striking out “a municipality” wherever that expression appears and substituting in each case “a local municipality”:

1. Subsection 84 (2).

2. Subsection 84 (3).

3. Subsection 84 (4) in the portion before clause (a).

58. Subsection 85 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Appeal to Municipal Board

(1) The applicant, registrar or any person with an interest in a decision of a local municipality under section 84 may appeal the decision to the Ontario Municipal Board within,

. . . . .

59. (1) Subsection 86 (1) of the Act is amended by striking out “or crematorium” in the portion before clause (a).

(2) Clause 86 (1) (c) of the Act is amended by adding “or account in the prescribed circumstances” after “fund”.

(3) Clause 86 (1) (d) of the Act is amended by striking out “or crematorium” and by striking out “and” at the end.

(4) Clause 86 (1) (e) of the Act is amended by striking out “a municipality” and substituting “a local municipality” and by adding “and” at the end.

(5) Subsection 86 (1) of the Act is amended by adding the following clause:

(f) submits the other documents that are prescribed.

(6) Subsection 86 (2) of the Act is repealed and the following substituted:

Applicant

(2) An application for the registrar’s consent to the establishment, alteration or increase in the capacity of a cemetery shall be made by,

(a) the owner of the land on which the cemetery is to be established, if the application relates to the establishment of a cemetery; or

(b) the owner of the cemetery, if the application relates to an alteration or an increase in the capacity of a cemetery.

(7) Subsection 86 (3) of the Act is amended by striking out “or crematorium in a municipality” and substituting “in a local municipality”.

(8) Subsection 86 (4) of the Act is amended by striking out “or crematorium on land that is situated in unorganized territory” and substituting “on land that is situated in territory without municipal organization”.

(9) Subsection 86 (5) of the Act is amended by striking out “or crematorium”.

60. (1) Subsections 88 (1) to (3) of the Act are repealed and the following substituted:

Cemetery closing

(1) A cemetery owner may apply to the registrar for an order to close a cemetery.

Notice of proposed closing

(2) The registrar shall not make an order under subsection (1) until the prescribed persons have given notice of the application to close the cemetery to the prescribed persons in the prescribed manner.

Exception

(3) A person is not required to give notice under subsection (2) if,

(a) no interments or scatterings have been made in the cemetery to be closed; and

(b) the consent of all affected interment and scattering rights holders has been obtained.

(2) Subsection 88 (7) of the Act is amended by striking out “and” at the end of clause (a) and by repealing clause (b) and substituting the following:

(b) order the person named in the order to,

(i) disinter all human remains in the cemetery in the manner specified in the order and either reinter the remains in the place and in the manner specified in the order or deal with the remains in whatever other manner that the order specifies,

(ii) deal with scattered cremated human remains in the manner specified in the order,

(iii) remove any markers and relocate them to a specified place,

(iv) provide to any interment rights holders who hold unused interment rights in the cemetery equivalent interment rights in another cemetery and, if necessary, acquire equivalent rights for the purpose,

(v) provide to any scattering rights holders who hold unused scattering rights in the cemetery equivalent scattering rights in another cemetery and, if necessary, acquire equivalent rights for the purpose,

(vi) do whatever other things the registrar determines are necessary to ensure the dignity and respect of the human remains; and

(c) direct, in accordance with the Act and regulations, how money held in a care and maintenance fund or account is to be dealt with.

(3) Subsection 88 (11) of the Act is amended by striking out “such an order as though it were an order to close the whole cemetery” and substituting “an application to close a part of a cemetery”.

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

Appeal of refusal to make order

(2) If a person requested that the registrar make an order closing a cemetery or a part of a cemetery and the registrar refused to make the order, a person with an interest in the matter may appeal the refusal to the Tribunal.

62. Subsections 90 (4) and (5) of the Act are repealed and the following substituted:

Effect of registration

(4) Upon registration of a certificate of closing, the land described in the certificate ceases to be a cemetery.

Transition

(5) If a cemetery was ordered closed under the Cemeteries Act (Revised) or under a predecessor to that Act but on the day this section comes into force a certificate of closure with respect to the cemetery has not yet been registered in the appropriate land registry office, a person may apply to the registrar for a certificate under this section and the registrar shall issue the certificate upon being satisfied that the cemetery had in fact been ordered closed under the Cemeteries Act (Revised) or the predecessor Act, as the case may be.

63. Section 91 of the Act is repealed and the following substituted:

Transfer of money and rights

91. (1) If the registrar makes an order described in subsection (2), the trustee of the care and maintenance fund or account of the cemetery that is to be closed shall, subject to the regulations, transfer the money in the fund or account to the trustee of the care and maintenance fund or account of the other cemetery.

Same

(2) The order mentioned in subsection (1) is an order that a cemetery be closed and that,

(a) the human remains interred in the cemetery be reinterred in another cemetery or the scattered cremated human remains in the cemetery be removed and placed in another cemetery; or

(b) the interment rights holders or scattering rights holders be given equivalent rights in the other cemetery.

Credit

(3) The amount transferred under subsection (1) is a credit against the amount required to be paid into the fund or account by the operator of the other cemetery.

64. Section 92 of the Act is repealed and the following substituted:

Other trust money

92. (1) If the registrar orders that a cemetery be closed and that the interment rights holders and scattering rights holders of the cemetery be given equivalent rights in another cemetery, the registrar shall direct that the money described in subsection (2) be transferred to the operator of the other cemetery and held in trust by that operator or on behalf of that operator in order to ensure the provision in that cemetery of the licensed supplies and services contracted for by the person who purchased the rights.

Same

(2) The direction made by the registrar under subsection (1) applies to any money that is not money to which section 91 applies and that,

(a) is held in trust by or on behalf of the operator of the cemetery that is being closed; or

(b) was received by or on behalf of the operator in order to ensure the provision of licensed supplies and services in connection with the interment rights or scattering rights in respect of which equivalent rights are to be provided in another cemetery.

65. Section 94 of the Act is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) if the disturbance is carried out in accordance with the regulations.

66. Sections 97 to 99 of the Act are repealed and the following substituted:

Definitions

97. In sections 98 to 100,

“aboriginal peoples burial ground” means land set aside with the apparent intention of interring in it, in accordance with cultural affinities, human remains and containing remains identified as those of persons who were one of the aboriginal peoples of Canada; (“cimetière autochtone”)

“burial ground” means land set aside with the apparent intention of interring in it, in accordance with cultural affinities, human remains and containing remains identified as those of persons who were not one of the aboriginal peoples of Canada; (“lieu d’inhumation”)

“irregular burial site” means a burial site that was not set aside with the apparent intention of interring human remains in it. (“lieu de sépulture irrégulier”)

Declaration

98. As soon as the origin of a burial site is determined, the registrar shall declare the site to be,

(a) an aboriginal peoples burial ground;

(b) a burial ground; or

(c) an irregular burial site.

Site disposition agreement

99. (1) Unless the regulations provide otherwise, the registrar, on declaring a burial site to be an aboriginal peoples burial ground or a burial ground, shall serve notice of the declaration on the persons or class of persons that are prescribed.

Negotiations

(2) Unless the regulations provide otherwise, all persons served with the notice shall enter into negotiations with a view of entering into a site disposition agreement.

Arbitration

(3) Unless the regulations provide otherwise, if the persons served with the notice do not make a site disposition agreement within the prescribed time, the registrar shall refer the matter to arbitration.

Deferring arbitration

(4) Unless the regulations provide otherwise, despite subsection (3), the registrar, if of the opinion that an agreement may be reached, may defer referring the matter to arbitration so long as there appears to be a reasonable prospect of an agreement being reached.

Arbitrated settlement

(5) The persons named in an arbitrated settlement who have been given the opportunity to fully participate in the arbitration process are bound by the settlement whether they chose to participate or not.

67. (1) Subsection 100 (1) of the Act is amended by adding “Unless the regulations provide otherwise” at the beginning.

(2) Subsection 100 (2) of the Act is amended by adding “Unless the regulations provide otherwise” at the beginning.

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

Abandoned Cemeteries

Applications for declaration

101.1 (1) A person set out in subsection (2) may apply to have a judge of the Superior Court of Justice declare a cemetery abandoned if the owner of the cemetery,

(a) cannot be found or is unknown;

(b) is unable to maintain it; or

(c) is not a licensed operator and there is no licensed operator for the cemetery.

Who can apply

(2) The application may be made by,

(a) the Crown if the cemetery is on land that is situated in territory without municipal organization;

(b) the local municipality within whose geographic boundaries the land of the cemetery is located;

(c) the owner or operator of the cemetery; or

(d) the registrar.

Notice of application

(3) An applicant shall give notice of the application to the following persons or entities, but is not required to give the notice to the applicant:

1. The owner or operator of the cemetery.

2. The local municipality within whose geographic boundaries the land of the cemetery is located, if there is one.

3. The Crown, if there is no local municipality within whose geographic boundaries the land of the cemetery is located.

4. The registrar.

Maintenance

(4) When an application is made to declare a cemetery abandoned, the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, shall be responsible for the maintenance of the cemetery until the application is disposed of.

Costs of application

(5) The costs of the application, including the cost of a survey of the land involved, are the responsibility of,

(a) the owner or operator of the cemetery if the owner or operator makes the application and a judge of the court does not declare the cemetery abandoned; or

(b) the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, in all other cases.

Order

(6) Upon being satisfied that the applicant has established the circumstances justifying an order of abandonment, a judge to whom an application is made shall, by order, declare the cemetery to be abandoned.

Registration of order

(7) When an order declaring that a cemetery is abandoned is registered in the appropriate land registry office, the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, becomes the owner of the cemetery with all the rights and obligations in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator had.

Exemption

(8) An order made under subsection (6) may exempt the new owner of the cemetery from any provision of the Act and regulations to which it would be inappropriate in the circumstances for the new owner to be subject.

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

Disinterment or removal of human remains

102.1 (1) Despite anything in this Act, if a court in which a judicial proceeding is pending considers it necessary to disinter or to remove human remains for the purpose of the proceeding, the court may direct the disinterment or the removal of the remains subject to those conditions as to reinterment or placement of the remains that the court considers proper.

Powers of Attorney General or Solicitor General

(2) If the Attorney General, the Solicitor General or a lawful delegate of either of them considers it in the interest of justice for the purpose of an inquiry as to the cause of death or for the purpose of a criminal investigation or proceeding that human remains should be disinterred or removed, the Attorney General, the Solicitor General or the delegate, as the case may be, may exercise the powers of direction mentioned in subsection (1).

Powers of coroner

(3) A coroner who has issued his or her warrant to proceed to take possession of human remains for the purpose of a coroner’s investigation may direct the disinterment or the removal of the remains.

70. (1) The English version of clause 104 (2) (a) of the Act is amended by striking out “thereof” and substituting “of it”.

(2) The English version of clause 104 (2) (b) of the Act is amended by striking out “unorganized territory” and substituting “territory without municipal organization”.

71. Section 106 of the Act is repealed and the following substituted:

Confidentiality

106. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned;

(c) to a prescribed entity or organization if the purpose for the communication is consumer protection;

(d) to a law enforcement agency;

(e) to counsel of the person communicating the information; or

(f) with the consent of the person to whom the matter relates.

Testimony

(2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.

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

Publication of notice

107.1 (1) If this Act or the regulations require that a person give notice by publishing it in a newspaper, the person may give the notice using another method if the person has obtained the approval of the registrar.

Other method

(2) The registrar may approve another method for giving the notice if satisfied that the other method is equivalent to publishing the notice in a newspaper.

73. Section 108 of the Act is amended by adding the following subsection:

Payee

(1.1) An order made under this section shall specify the person to whom the fee shall be paid.

74. Subsection 109 (1) of the Act is amended by striking out “or” at the end of clause (c) and by adding the following clause:

(c.1) the granting of the registrar’s consent to the establishment, alteration or increase in the capacity of a cemetery or the refusal of the registrar to grant such a consent; or

75. Sections 110 and 111 of the Act are repealed and the following substituted:

Information to the public

110. (1) If the regulations so require, the registrar shall make available to the public the names of licensees and former licensees under this Act and predecessor legislation to it and other information that is prescribed in respect of licensees and former licensees and other prescribed persons.

Same

(2) The registrar shall make available the information mentioned in subsection (1) in the prescribed form and manner and with whatever other information is prescribed.

Information to the registrar

111. A licensee shall provide the registrar, within the time that the registrar specifies, with the information that the registrar requests, including at the registrar’s request, verification, by affidavit or otherwise, of any of the information requested.

76. (1) Section 113 of the Act is amended by adding the following subsection:

Lieutenant Governor in Council regulations

(0.1) The Lieutenant Governor in Council may make regulations prescribing provisions of this Act that bind the Crown, in addition to those that specifically bind the Crown.

(2) Paragraphs 2 to 7 of subsection 113 (1) of the Act are repealed and the following substituted:

2. governing applications for licences and for their renewal and requiring that applications contain the information and be accompanied by the documentation that the registrar specifies, that is in the form that the registrar specifies and that is submitted in the manner that the registrar specifies;

3. prescribing practices or actions that are evidence of incompetence or lack of honesty and integrity for the purposes of clause 14 (1) (c);

4. prescribing requirements for purposes of clause 14 (1) (f);

5. governing educational requirements for applicants for a licence, applicants for renewal of a licence, licensees and prescribed persons under clause 14 (1) (g), including,

i. authorizing the registrar to set educational requirements, including different educational requirements for different classes of persons,

ii. prescribing rules for setting the educational requirements,

iii. governing the educational requirements that the registrar sets,

iv. requiring that a description of the educational requirements be made available to the public free of charge on request,

v. requiring applicants for a licence, applicants for renewal of a licence, licensees and prescribed persons under clause 14 (1) (g) to meet the educational requirements that the registrar sets under subparagraph i, to complete a program of studies that the registrar designates or to take one or more courses that the registrar designates,

vi. authorizing the registrar to designate organizations that are authorized to provide the programs and courses required to meet the educational requirements set under subparagraph i or designated under subparagraph v,

vii. establishing a certification process in respect of a class of persons,

viii. authorizing the registrar in specified circumstances to exempt an applicant for a licence, an applicant for a renewal of a licence, a licensee or a prescribed person under clause 14 (1) (g) from any of the educational requirements, specifying the circumstances and authorizing the registrar to impose conditions on the exemption, and

ix. authorizing the registrar in specified circumstances, to require an applicant for a licence, an applicant for a renewal of a licence, a licensee or a prescribed person under clause 14 (1) (g) to complete any educational requirements again or to complete the other educational requirements that the registrar specifies and specifying the circumstances;

6. prescribing the conditions of licences;

7. governing the expiry of licences;

7.1 regulating, controlling and prohibiting the use of terms, titles or designations by licensees and other persons;

7.2 prohibiting activities, other than those for which a licence is already required in this Act, that relate to, or occur in the course of operating a cemetery, crematorium, funeral establishment, transfer service, casket or marker retailing business or a related business unless the activities are carried out by specific persons and prescribing those persons as well as any conditions that apply to them;

7.3 governing the availability and display of licensed supplies;

(3) Subsection 113 (1) of the Act is amended by adding the following paragraph:

10.1 prescribing and governing additional duties and powers of the registrar;

(4) Paragraphs 11 to 13 of subsection 113 (1) of the Act are repealed and the following substituted:

11. governing the documents, records and information that licensees and former licensees must keep, including the manner and location at which the persons must keep them and the period for which the persons must keep them, and authorizing the registrar to allow the persons to keep the documents, records and information at a location, in a manner or for a period that the registrar specifies, subject to conditions specified in the regulation or imposed by the registrar;

12. prescribing documents or information that persons must provide to the registrar and the time within which the persons must provide them and prescribing the content of the documents or information and requirements that the documents or information must meet, including,

i. requiring that specified information be verified by affidavit,

ii. authorizing the registrar to specify the content of the documents or information and to specify requirements that the documents or information must meet, and

iii. authorizing the registrar to specify the form and manner in which the persons must provide the documents or information;

12.1 prescribing amounts, or the minimum amount, by which the shareholdings of a person or of persons who are associated with each other must increase in order to constitute an increase for the purposes of clause 26 (1) (b);

13. prescribing information that prescribed persons shall provide to the public, any person or any class of persons and prescribing the manner of providing that information and the circumstances in which a fee may be charged and the manner of determining the fee;

(5) The English version of paragraph 18 of subsection 113 (1) of the Act is amended by striking out “thereof” and substituting “of bonds”.

(6) Paragraph 20 of subsection 113 (1) of the Act is repealed and the following substituted:

20. governing contracts for the sale of licensed supplies or services and respecting the terms and conditions of any contract or class of contract;

20.1 for the purposes of subsection 43 (1), governing contracts under which an operator may provide licensed supplies or services under the contract within 30 days after the day on which the contract is made;

20.2 prohibiting prescribed practices in relation to the sale of licensed supplies and services;

20.3 prescribing the circumstances in which an operator may require that customers purchase supplies or services from the operator or from another person specified by the operator, and prescribing supplies and services that an operator may require a customer to purchase from the operator or from another person specified by the operator;

(7) Subsection 113 (1) of the Act is amended by adding the following paragraphs:

22.1 requiring operators to submit their price lists to the registrar upon request;

22.2 granting the registrar power to disallow a price for a supply or service if,

i. the price is for a supply or service that the operator required a purchaser to purchase from the operator or from another person specified by the operator in accordance with section 38.1, and

ii. in the opinion of the registrar, the price is excessive or significantly higher than the current market price for the supply or service in question;

22.3 providing for an appeal process from the registrar’s decision to disallow a price under paragraph 22.2;

22.4 providing for the reimbursement of prescribed amounts, or of amounts that shall be determined in a prescribed manner, to customers in prescribed circumstances and requiring operators to provide the registrar with evidence of having paid the reimbursement;

22.5 prescribing specifications and minimum requirements for supplies and services to be offered, performed or supplied by a licensee;

. . . . .

25.1 governing alternative processes and methods of disposing of human remains;

(8) Paragraph 26 of subsection 113 (1) of the Act is amended by striking out “under section 51” and substituting “under this Act”.

(9) Subsection 113 (1) of the Act is amended by adding the following paragraphs:

26.1 governing the rules that apply to funds held in trust to which subsection 52 (8) or (9) applies;

26.2 prescribing the maximum refund amount that need not be held in trust, for the purposes of subsection 52 (6);

(10) The English version of paragraph 42 of subsection 113 (1) of the Act is amended by striking out “appeals committees” and substituting “appeal committees”.

(11) The English version of paragraphs 43 and 44 of subsection 113 (1) of the Act is amended by striking out “appeals committee” wherever that expression appears and substituting in each case “appeal committee”.

(12) Subsection 113 (1) of the Act is amended by adding the following paragraph:

53.1 authorizing the registrar, operators and other licensees to charge fees, including fixed amounts and amounts determined based on a prescribed formula reflecting volume, time and other criteria, in order to recuperate the cost of doing something that is required under this Act and the regulations and requiring prescribed persons to pay the fees;

(13) Paragraphs 54 to 56 of subsection 113 (1) of the Act are repealed and the following substituted:

54. exempting any person, class of person or class of licensee from any provision of this Act or the regulations and attaching conditions to the exemption, including making an exemption subject to the condition that the registrar first declare that the exemption is not contrary to public interest;

55. delegating any matter that may be the subject of a regulation under this subsection or subsection (2), (3), (4) or (4.1) to the Minister;

(14) Subsection 113 (1) of the Act is amended by adding the following paragraphs:

59. prescribing circumstances in which the documentation under the Vital Statistics Act is not required;

60.   defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act.

(15) Paragraphs 3 and 4 of subsection 113 (2) of the Act are repealed and the following substituted:

3. prohibiting operators from charging interment rights holders and scattering rights holders or persons authorized to act on their behalf for the costs associated with the maintenance of the cemetery except in the prescribed circumstances;

4. governing cemetery by-laws, including,

i. respecting the procedure for operators to make or revoke by-laws,

ii. prescribing by-laws that apply to cemeteries or classes of cemeteries,

iii. requiring that the by-laws be approved by the registrar and prescribing the criteria that the registrar shall use in approving them,

iv. providing that the registrar may revoke the by-laws and respecting the notice that the registrar must give of a revocation,

v. providing for an appeal process if the registrar refuses to approve the by-laws or gives notice of revoking a by-law,

vi. requiring cemetery operators and other persons to whom the by-laws apply to comply with the by-laws;

(16) Paragraph 8 of subsection 113 (2) of the Act is repealed and the following substituted:

8. governing neglected cemeteries, requiring operators of neglected cemeteries to comply with the prescribed standards, allowing municipalities to make orders requiring the operators to comply with the standards or to perform the necessary repairs and maintenance and be reimbursed by the operator and providing for an appeal of the orders;

(17) Paragraph 9 of subsection 113 (2) of the Act is amended by striking out “applications to declare cemeteries abandoned” and substituting “applications to court for a declaration that a cemetery is abandoned”.

(18) Paragraph 10 of subsection 113 (2) of the Act is amended by striking out “disinterment”.

(19) Subsection 113 (2) of the Act is amended by adding the following paragraph:

10.1 governing the disinterment or removal of human remains, prescribing circumstances in which the consent of interment or scattering rights holders to the disinterment or removal is or is not required, prescribing circumstances in which the registrar may substitute his or her consent for that of an interment or scattering rights holder, providing for notice of disinterment or removal to prescribed persons and providing for an appeal process from the decision of the registrar to consent to a disinterment or removal;

(20) Paragraph 17 of subsection 113 (2) of the Act is amended by adding “and scattering” after “interment”.

(21) Subsection 113 (2) of the Act is amended by adding the following paragraphs:

17.1 governing the establishment, maintenance and operation of care and maintenance trust funds and accounts that a licensee is required to maintain;

17.2 exempting cemeteries or a class of cemeteries from section 53 and attaching conditions to the exemptions;

17.3 prescribing cemetery operators for the purposes of subsection 53 (8);

(22) Paragraphs 20, 21, 22, 23 and 24 of subsection 113 (2) of the Act are repealed and the following substituted:

20. requiring cemetery operators, at the request of a delivery agent, to provide licensed supplies and services and to permit the scattering of remains of specified persons and respecting payments for such supplies and services;

21. defining “delivery agent” for the purposes of a regulation made under paragraph 20;

22. requiring that prescribed supplies and services related to a cemetery must be sold at a price that does not exceed the cost of the cemetery operator or another person in providing them;

23. granting the registrar the power,

i. to require cemetery operators to provide evidence of the costs that they or other persons incur in providing the supplies and services that they must provide at cost, and

ii. to disallow prices if the price is in relation to a supply or service that the operator or other person must provide at cost and if the price exceeds the costs of the operator or other person relating to providing the supply or service;

24. providing for an appeal process from the registrar’s decision to disallow a price under paragraph 23;

24.1 governing the giving of notice for the purposes of subsection 88 (2);

24.2 governing the distribution of care and maintenance trust money on a cemetery closure;

24.3 prescribing matters and procedures to be followed in dealing with burial sites;

24.4 prescribing circumstances and procedures regarding disturbing a burial site for the purposes of section 94;

(23) Paragraph 29 of subsection 113 (2) of the Act is amended by striking out “an irregular burial site under section 100” and substituting “a burial site”.

(24) Subsection 113 (2) of the Act is amended by adding the following paragraphs:

30. governing the term of interment rights or scattering rights;

31. prescribing requirements an operator shall comply with for the sale of future interment or scattering rights, including the information that the operator must provide to the registrar;

32. prescribing the circumstances under which land that has been set aside for the interment of human remains will be treated as a cemetery for the purposes of this Act.

(25) Subparagraphs 3 iii and iv of subsection 113 (3) of the Act are repealed and the following substituted:

iii. requiring that the by-laws be approved by the registrar and prescribing the criteria that the registrar shall use in approving them,

iv. providing that the registrar may revoke the by-laws and respecting the notice that the registrar must give of a revocation,

v. providing for an appeal process if the registrar refuses to approve the by-laws or gives notice of revoking a by-law,

vi. requiring crematorium operators and other persons to whom the by-laws apply to comply with the by-laws;

(26) Paragraph 7 of subsection 113 (3) of the Act is repealed.

(27) Paragraph 8 of subsection 113 (3) of the Act is amended by striking out “a welfare administrator” and substituting “a delivery agent and”.

(28) Paragraph 9 of subsection 113 (3) of the Act is amended by striking out “welfare administrator” and substituting “delivery agent”.

(29) Paragraph 1 of subsection 113 (4) of the Act is repealed and the following substituted:

1. prescribing classes of funeral establishments;

(30) The English version of paragraph 4 of subsection 113 (4) of the Act is amended by striking out “with respect thereto” and substituting “in that respect”.

(31) Paragraphs 6 to 8 of subsection 113 (4) of the Act are repealed and the following substituted:

6. authorizing persons to perform specified acts relating to the providing of funeral services under the supervision or direction of a prescribed person;

7. prescribing licensed supplies and services that a person may offer to sell or sell for the purposes of clause 8 (2) (c);

(32) Paragraph 9 of subsection 113 (4) of the Act is amended by striking out “funeral director” and substituting “person”.

(33) Section 113 of the Act is amended by adding the following subsections:

Same, transfer services

(4.1) The Lieutenant Governor in Council may make regulations in respect of transfer services, including regulations,

1. prescribing classes of transfer services;

2. governing the administration and operation of transfer services;

3. respecting the methods and material that may be used in providing transfer services;

4. governing the equipment and practices, including hygienic practices, with respect to the holding, preparation, transportation and disposal of human remains;

5. governing the construction, location, equipment, maintenance, repairs, additions and alterations to holding rooms and governing the information, plans and materials to be furnished to the registrar in that respect;

6. prescribing licensed supplies and services that an operator of a transfer service is authorized to offer to sell, sell or provide.

Same, transition

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

1. in respect of transition matters required or authorized under this Act;

2. providing for transition matters,

i. to facilitate the implementation of this Act or any provision of it, or

ii. to deal with problems or issues arising as a result of the repeal of all or part of the Cemeteries Act (Revised), the Funeral Directors and Establishments Act or successor Acts to them.

Same, transition

(4.3) Without limiting the generality of subsection (4.2), a regulation made under that subsection may,

(a) provide that one or more provisions of the Cemeteries Act (Revised), the Funeral Directors and Establishments Act or successor Acts to them or the regulations made under them apply, with or without modifications, for the purposes or in the circumstances specified in the regulation;

(b) provide that one or more provisions of this Act or the regulations apply, with or without modifications, for the purposes or in the circumstances specified in the regulation;

(c) provide that a licence under the Cemeteries Act (Revised), the Funeral Directors and Establishments Act or successor Acts to them shall be deemed, for the purposes specified in the regulation, to be a licence issued under this Act; and

(d) provide for how and when a deeming mentioned in clause (c) is terminated.

Conflict

(4.4) If there is a conflict between a regulation under subsection (4.2) and any other regulation, the regulation under that subsection prevails.

77. The following provisions of the Act are repealed:

1. Subsections 116 (2), (4), (6) and (7).

2. Subsections 117 (1) and (3).

3. Section 118.

4. Section 119.

5. Section 123.

6. Section 124.

7. Section 125.

8. Subsection 126 (2).

9. Section 136.

10. Section 137.

Funeral Directors and Establishments Act

78. (1) Section 1 of the Funeral Directors and Establishments Act is amended by adding the following definition:

“casket” has the same meaning as in the Funeral, Burial and Cremation Services Act, 2002; (“cercueil”)

(2) The definitions of “funeral director”, “funeral establishment” and “funeral supplies” in section 1 of the Act are repealed.

(3) Section 1 of the Act is amended by adding the following definitions:

“funeral director” means an individual licensed as a funeral director under the Funeral, Burial and Cremation Services Act, 2002; (“directeur de funérailles”)

“funeral establishment” has the same meaning as in the Funeral, Burial and Cremation Services Act, 2002; (“résidence funéraire”)

(4) The definitions of “funeral services”, “licence”, “Minister” and “transfer service” in section 1 of the Act are repealed and the following substituted:

“funeral services” has the same meaning as in the Funeral, Burial and Cremation Services Act, 2002; (“services funéraires”)

“licence” means a licence to operate a funeral establishment, transfer service or casket retailing business or a licence issued under clause 8 (2) (a), 10 (2) (b) or 12 (2) (b) of the Funeral, Burial and Cremation Services Act, 2002, where the licensee is acting on behalf of a funeral establishment operator, a transfer service operator or a casket retailing business operator, and “licensed” and “licensee” have a corresponding meaning; (“permis”, “titulaire d’un permis”)

“Minister” means the Minister of Government Services or whatever other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

“transfer service” has the same meaning as in the Funeral, Burial and Cremation Services Act, 2002; (“service de transfert”)

79. Subsections 2 (3), (4) and (5) of the Act are repealed.

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

Principal object

(2) The principal object of the Board is to oversee the regulation of the practices of licensees in accordance with this Act, the Funeral, Burial and Cremation Services Act, 2002, regulations made under those Acts and the by-laws in order that the public interest may be served and protected.

(2) Paragraphs 1, 2 and 3 of subsection 3 (3) of the Act are repealed and the following substituted:

1. To make recommendations regarding the standards of knowledge and skill among licensees.

2. To make recommendations regarding the standards of qualification and standards of practice for licensees.

3. To establish, maintain and develop standards of professional ethics among licensees.

(3) Paragraphs 5, 6 and 7 of subsection 3 (3) of the Act are repealed and the following substituted:

5. To make recommendations regarding the oversight and inspection of trust accounts and funds that are required by law to be established or maintained.

6. To make recommendations regarding the establishment and development of standards for funeral establishments, transfer services and casket retailing businesses.

(4) Paragraph 8 of subsection 3 (3) of the Act is amended by adding “prescribed or as are” after “as are”.

(5) Clause 3 (5) (a) of the Act is repealed and the following substituted:

(a) review the operation of this Act, the Funeral, Burial and Cremation Services Act, 2002 and the regulations made under those Acts and make recommendations to the Minister on that operation;

(6) Clause 3 (5) (b) of the Act is repealed and the following substituted:

(b) review and make recommendations regarding courses of study and examinations with respect to educational requirements under the Funeral, Burial and Cremation Services Act, 2002; and

81. (1) Subsection 4 (1) of the Act is repealed and the following substituted:

Composition of Board, etc.

(1) The Board shall be composed of the prescribed number of members appointed by the Lieutenant Governor in Council who represent the prescribed classes of persons in the prescribed manner.

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

Quorum

(4) The prescribed number of members of the Board constitutes a quorum.

(3) Subsection 4 (6) of the Act is repealed and the following substituted:

Remuneration and expenses

(6) The Board shall pay to the members of the Board the remuneration and reimbursement for expenses that the Board sets.

82. (1) Clause 5 (b) of the Act is amended by adding “and the Funeral, Burial and Cremation Services Act, 2002” at the end.

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

(c) advise the Board with respect to the implementation of this Act, the Funeral, Burial and Cremation Services Act, 2002 and the regulations made under those Acts and with respect to the methods used or proposed to be used by the Board to implement policies and to enforce its by-laws and procedures.

83. (1) Subsection 6 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

By-laws

(1) The Board may pass by-laws relating to the administrative and domestic affairs of the Board not inconsistent with this Act, the Funeral, Burial and Cremation Services Act, 2002 and the regulations made under those Acts and, without limiting the generality of the foregoing,

. . . . .

(2) Paragraph 15 of subsection 6 (1) of the Act is repealed.

(3) Paragraph 21 of subsection 6 (1) of the Act is repealed and the following substituted:

21. regarding all other matters that are entailed in carrying on the business of the Board or that are prescribed.

84. (1) Subsection 8 (1) of the Act is repealed and the following substituted:

Executive Committee

(1) The Executive Committee shall be composed of the members of the Board who are prescribed.

(2) Subsection 8 (3) of the Act is repealed and the following substituted:

Quorum

(3) The prescribed number of members of the Executive Committee constitutes a quorum.

85. (1) Subsection 9 (1) of the Act is repealed and the following substituted:

Licensing Committee

(1) The Licensing Committee shall be composed of the members of the Board who are prescribed.

(2) Subsection 9 (3) of the Act is repealed and the following substituted:

Quorum

(3) The prescribed number of members of the Licensing Committee constitutes a quorum.

86. (1) Subsection 11 (1) of the Act is repealed and the following substituted:

Discipline Committee

(1) The Discipline Committee shall be composed of the members who are prescribed.

(2) Subsection 11 (3) of the Act is repealed and the following substituted:

Quorum

(3) The prescribed number of members of the Discipline Committee constitutes a quorum.

87. (1) Subsection 12 (1) of the Act is repealed and the following substituted:

Compensation Fund Committee

(1) The Compensation Fund Committee shall be composed of the members who are prescribed.

(2) Subsection 12 (3) of the Act is repealed and the following substituted:

Quorum

(3) The prescribed number of members of the Compensation Fund Committee constitutes a quorum.

88. Subsection 13 (1) of the Act is repealed and the following substituted:

Powers and duties of Licensing Committee

(1) The Licensing Committee shall consider all matters related to licensing matters that the Registrar refers to it.

89. Section 15 of the Act is repealed and the following substituted:

Reference to Discipline Committee

15. The Registrar, the Board or the Executive Committee may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a funeral director.

90. (1) Clauses 16 (1) (a) and (b) of the Act are repealed and the following substituted:

(a) when so directed by the Registrar, the Board or the Executive Committee, hear and determine allegations of professional misconduct or incompetence against a funeral director;

(b) hear and determine matters referred to it by the Registrar, the Board or the Executive Committee under this Act with respect to funeral directors; and

(2) Clause 16 (3) (a) of the Act is repealed and the following substituted:

(a) the funeral director has displayed a lack of knowledge, skill or judgment of a nature or to an extent that demonstrates the funeral director is unfit to continue as a funeral director;

(3) Subsection 16 (5) of the Act is repealed.

(4) Subsections 16 (11) and (12) of the Act are repealed and the following substituted:

Powers of Discipline Committee

(11) If the Discipline Committee finds a funeral director guilty of professional misconduct or incompetence, it may do any of the following things or any combination of the following things:

1. Recommend to the Registrar that the Registrar revoke the licence of the funeral director.

2. Recommend to the Registrar that the Registrar suspend the licence of the funeral director for a stated period.

3. Recommend to the Registrar that the Registrar impose restrictions on the licence of the funeral director for a period and subject to the conditions specified by the Discipline Committee.

4. Reprimand the funeral director.

5. Impose whatever fine the Discipline Committee considers appropriate to a maximum of $25,000 to be paid by the funeral director to the Minister of Finance or another person who is prescribed.

6. Direct that the imposition of a penalty be suspended or postponed for the period and upon the terms specified by the Discipline Committee.

(5) Subsections 16 (14) and (15) of the Act are repealed.

91. (1) Subsection 18 (1) of the Act is repealed and the following substituted:

Appeal to Tribunal

(1) A party to proceedings before the Discipline Committee may appeal a decision or order of the Committee under paragraph 4, 5 or 6 of subsection 16 (11) to the Tribunal.

(2) The English version of subsection 18 (2) of the Act, as it will read on the day that subsection 126 (1) of the Funeral, Burial and Cremation Services Act, 2002 comes into force, is amended by striking out “therefore” and substituting “for the decision”.

(3) Subsection (2) applies only if subsection 126 (1) of the Funeral, Burial and Cremation Services Act, 2002 comes into force.

(4) Subsection 18 (7) of the Act is repealed and the following substituted:

Parties

(7) The Board, the funeral director and whatever other persons the Tribunal specifies are parties to proceedings before the Tribunal under this section.

92. (1) Subsection 46 (1) of the Act is amended by adding the following paragraphs:

42. in respect of transition matters required or authorized under this Act;

43. providing for transition matters,

i. to facilitate the implementation of this Act or any provision of it, or

ii. to deal with problems or issues arising as a result of the repeal of all or part of this Act, the Cemeteries Act (Revised) or successor Acts to them.

(2) Section 46 of the Act is amended by adding the following subsection:

Transition

(1.1) Without limiting the generality of paragraphs 42 and 43 of subsection (1), a regulation made under either of those paragraphs may,

(a) provide that one or more provisions of this Act, the Cemeteries Act (Revised) or successor Acts to them or the regulations made under them apply, with or without modifications, for the purposes or in the circumstances specified in the regulation;

(b) provide that one or more provisions of this Act or the regulations apply, with or without modifications, for the purposes or in the circumstances specified in the regulation;

(c) provide that a licence under this Act, the Cemeteries Act (Revised) or successor Acts to them shall be deemed, for the purposes specified in the regulation, to be a licence issued under this Act; and

(d) provide for how and when a deeming mentioned in clause (c) is terminated.

93. Sections 48, 49 and 50 of the Act are repealed and the following substituted:

Matters confidential

48. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act and the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or the Funeral, Burial and Cremation Services Act, 2002 or in connection with the administration of this Act and the regulations;

(b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or the Funeral, Burial and Cremation Services Act, 2002 or legislation that protects consumers or to any entity to which the administration of legislation similar to this Act or that Act or legislation that protects consumers has been assigned;

(c) to a prescribed entity or organization if the purpose for the communication is consumer protection;

(d) to a law enforcement agency;

(e) to counsel of the person communicating the information; or

(f) with the consent of the person to whom the matter relates.

Testimony

(2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.

Certificate as evidence

49. (1) For all purposes in any proceeding, a statement purporting to be certified by the Registrar is, without proof of the office or signature of the Registrar, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to,

(a) the issuing of a licence to any person or the refusal to issue a licence to any person;

(b) the filing or non-filing of any document or material required or permitted to be filed with the Registrar;

(c) the time when the facts upon which the proceedings are based first came to the knowledge of the Director; or

(d) any other matter pertaining to the licensing of any person or the refusal to license any person or to the filing or non-filing of information.

Proof of document

(2) Any document made under this Act that purports to be signed by the Registrar or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Registrar without proof of the office or signature of the Registrar.

Service

50. (1) Any notice, order, request or other document is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by registered mail; or

(c) sent by another manner if the sender can prove receipt of the notice, order, request or other document.

Deemed service

(2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice, order, request or other document until a later date.

Complementary Amendments

Assessment Act

94. (1) Section 1 of the Assessment Act is amended by adding the following definition:

“burial site”, “cemetery” and “crematorium” each have the same meaning as in subsection 1 (1) of the Funeral, Burial and Cremation Services Act, 2002; (“lieu de sépulture”,  “cimetière”, “crématoire”)

(2) Paragraphs 2 and 2.1 of subsection 3 (1) of the Act, as they will read on the day that subsection 141 (1) of the Funeral, Burial and Cremation Services Act, 2002 comes into force, are repealed and the following substituted:

Cemeteries, burial sites

2. Land that is a cemetery or a burial site so long as the land is actually being used for the interment or the scattering of human remains or any ancillary purpose that is prescribed by the Minister, and, subject to paragraph 2.1, not including any portion of the land used for any other purpose.

Religious or municipal cemetery land

2.1 Land that is used for bereavement related activities as prescribed by the Minister and that is part of a cemetery, if the cemetery is owned by a religious organization or a municipality.

Crematoriums

2.2 Land on which is located a crematorium and that is part of a cemetery, if,

i. the Registrar under the Cemeteries Act (Revised) or predecessor legislation to it consented to the establishment of the crematorium on or before January 1, 2002, or

ii. the crematorium is owned by a religious organization or a municipality.

(3) Subsection (2) applies only if subsection 141 (1) of the Funeral, Burial and Cremation Services Act, 2002 comes into force.

(4) Paragraph 9.1 of subsection 3 (1) of the Act is repealed and the following substituted:

Same

9.1 Despite paragraph 9, land owned by a municipality that is a burial site or cemetery is not exempt from taxation unless it meets the requirements for exemption under paragraph 2, 2.1, 2.2 or 3.

(5) Subsection 13 (1) of the Act is amended by adding “or 16.2” after “section 16.1”.

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

Notification by cemetery landowner

16.2 For the purposes of paragraphs 2, 2.1, 2.2 and 3 of subsection 3 (1), every owner of a cemetery property that is of a class prescribed by the Minister shall provide the assessment corporation with the information prescribed by the Minister at the time and in the manner prescribed by the Minister.

City of Toronto Act, 2006

95. Section 324 of the City of Toronto Act, 2006 is repealed.

Municipal Act, 2001

96. Section 357.1 of the Municipal Act, 2001 is repealed.

Provincial Land Tax Act

97. (1) Paragraphs 3 and 3.1 of subsection 3 (1) of the Provincial Land Tax Act, as they will read on the day that subsection 147 (1) of the Funeral, Burial and Cremation Services Act, 2002 comes into force, are repealed and the following substituted:

Churches, etc.

3. Every place of worship and land used in connection with it, every churchyard, and, as defined in the Funeral, Burial and Cremation Services Act, 2002, every cemetery or burial site that is enclosed and actually required, used and occupied for the interment or scattering of human remains or any ancillary purpose prescribed by the Minister, but, subject to paragraph 3.1, not including any portion of the land used for any other purpose nor land rented or leased to a church or religious organization by a person other than another church or religious organization.

Religious or municipal cemetery land

3.1 Land that is used for bereavement related activities as prescribed by the Minister and that is part of a cemetery, if the cemetery is owned by a religious organization or a municipality.

Crematoriums

3.2 Land on which is located a crematorium, as defined in the Funeral, Burial and Cremation Services Act, 2002, and that is part of a cemetery, if,

i. the Registrar under the Cemeteries Act (Revised) or predecessor legislation to it consented to the establishment of the crematorium on or before January 1, 2002, or

ii. the crematorium is owned by a religious organization or a municipality.

(2) Subsection (1) applies only if subsection 147 (1) of the Funeral, Burial and Cremation Services Act, 2002 comes into force.

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

Notification by cemetery landowner

(2) For the purposes of paragraphs 3, 3.1 and 3.2 of subsection 3 (1), every owner of a cemetery property that is of a class prescribed by the Minister shall provide the collector with the information prescribed by the Minister, at the time and in the manner prescribed by the Minister.

(4) Section 21.2 of the Act is repealed.

Commencement

Commencement

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

Same

(2) Section 77 and this section come into force on the day the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 receives Royal Assent.

Schedule E
Amendments to the Personal Property Security Act

1. (1) The definition of “debtor” in subsection 1 (1) of the Personal Property Security Act is repealed and the following substituted:

“debtor” means,

(a) a person who,

(i) owes payment or other performance of the obligation secured, and

(ii) owns or has rights in the collateral, including a transferee of or successor to a debtor’s interest in collateral,

(b) if the person who owes payment or other performance of the obligation secured and the person who owns or has rights in the collateral are not the same person,

(i) in a provision dealing with the obligation secured, the person who owes payment or other performance of the obligation secured,

(ii) in a provision dealing with collateral, the person who owns or has rights in the collateral, including a transferee of or successor to a debtor’s interest in collateral, or

(iii) if the context permits, both the person who owes payment or other performance of the obligation secured and the person who owns or has rights in the collateral, including a transferee of or successor to a debtor’s interest in collateral,

(c) a lessee of goods under a lease for a term of more than one year, or

(d) a transferor of an account or chattel paper; (“débiteur”)

(2) The definitions of “financing change statement” and “financing statement” in subsection 1 (1) of the Act are repealed and the following substituted:

“financing change statement” means the information required for a financing change statement presented in a required format; (“état de modification du financement”)

“financing statement” means the information required for a financing statement presented in a required format; (“état de financement”)

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

“lease for a term of more than one year” includes,

(a) a lease for an indefinite term, even if the lease is determinable by one of the parties or by agreement of two or more of the parties within one year from the date of its execution,

(b) a lease for a term of one year or less if the lessee, with the consent of the lessor, retains uninterrupted or substantially uninterrupted possession of the leased goods for a continuous period of more than one year, but a lease described in this clause is not a lease for a term of more than one year during the period before the day the lessee’s possession of the leased goods exceeds one year,

(c) a lease for a term of one year or less if,

(i) the lease provides that it is renewable for one or more terms at the option of one of the parties or by agreement of all of the parties, and

(ii) it is possible for the total of the original term and the renewed terms to exceed one year,

but does not include,

(d) a lease by a lessor who is not regularly engaged in the business of leasing goods, or

(e) a lease of household furnishings or appliances as part of a lease of land, if the use and enjoyment of the household furnishings or appliances is incidental to the use and enjoyment of the land; (“bail de plus d’un an”)

(4) The definition of “purchase-money security interest” in subsection 1 (1) of the Act, as re-enacted by the Statutes of Ontario, 2006, chapter 8, section 123, is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) the interest of a lessor of goods under a lease for a term of more than one year;

(5) The definition of “security interest” in subsection 1 (1) of the Act is repealed and the following substituted:

“security interest” means an interest in personal property that secures payment or performance of an obligation, and includes, whether or not the interest secures payment or performance of an obligation,

(a) the interest of a transferee of an account or chattel paper, and

(b) the interest of a lessor of goods under a lease for a term of more than one year; (“sûreté”)

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

(c) a lease of goods under a lease for a term of more than one year even though the lease may not secure payment or performance of an obligation.

3. (1) Subsection 7 (1) of the Act, as re-enacted by the Statutes of Ontario, 2006, chapter 8, section 126, is amended by striking out the portion before clause (a) and substituting the following:

Conflict of laws, location of debtor

(1) The validity, the perfection, the effect of perfection or non-perfection, and the priority,

. . . . .

(2) Subsection 7 (3) of the Act, as re-enacted by the Statutes of Ontario, 2006, chapter 8, section 126, is repealed and the following substituted:

Location of debtor

(3) For the purposes of this section, a debtor is located,

(a) if the debtor is an individual, in the jurisdiction where the debtor’s principal residence is located;

(b) if the debtor is a partnership, other than a limited partnership, and the partnership agreement governing the partnership states that the agreement is governed by the laws of a province or territory of Canada, in that province or territory;

(c) if the debtor is a corporation, a limited partnership or an organization and is incorporated, continued, amalgamated or otherwise organized under a law of a province or territory of Canada that requires the incorporation, continuance, amalgamation or organization to be disclosed in a public record, in that province or territory;

(d) if the debtor is a corporation incorporated, continued or amalgamated under a law of Canada that requires the incorporation, continuance or amalgamation to be disclosed in a public record, in the jurisdiction where the registered office or head office of the debtor is located,

(i) as set out in the special Act, letters patent, articles or other constating instrument under which the debtor was incorporated, continued or amalgamated, or

(ii) as set out in the debtor’s by-laws, if subclause (i) does not apply;

(e) if the debtor is a registered organization that is organized under the law of a U.S. State, in that U.S. State;

(f) if the debtor is a registered organization that is organized under the law of the United States of America,

(i) in the U.S. State that the law of the United States of America designates, if the law designates a U.S. State of location,

(ii) in the U.S. State that the registered organization designates, if the law of the United States of America authorizes the registered organization to designate its U.S. State of location, or

(iii) in the District of Columbia in the United States of America, if subclauses (i) and (ii) do not apply;

(g) if the debtor is one or more trustees acting for a trust,

(i) if the trust instrument governing the trust states that the instrument is governed by the laws of a province or territory of Canada, in that province or territory, or

(ii) in the jurisdiction in which the administration of the trust by the trustees is principally carried out, if subclause (i) does not apply;

(h) if none of clauses (a) to (g) apply, in the jurisdiction where the chief executive office of the debtor is located.

Definitions

(4) In subsection (3),

“registered organization” means an organization organized under a law of a U.S. State or of the United States of America that requires the organization of the organization to be disclosed in a public record; (“organisme inscrit”)

“U.S. State” means a State of the United States of America, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States of America. (“État américain”)

Continuation of location of debtor

(5) For the purposes of this section, a debtor continues to be located in the jurisdiction specified in subsection (3) despite,

(a) in the case of a debtor who is an individual, the death or incapacity of the individual; and

(b) in the case of any other debtor, the suspension, revocation, forfeiture or lapse of the debtor’s status in its jurisdiction of incorporation, continuation, amalgamation or organization, or the dissolution, winding-up or cancellation of the debtor.

4. Subsection 7.1 (2) of the Act is amended by striking out “Except as otherwise provided in subsection (4)” at the beginning and substituting “Except as otherwise provided in subsection (5)”.

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

Transition re s. 7

Definitions

7.2 (1) In this section,

“prior law” means the Personal Property Security Act, as it reads immediately before the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, including the applicable law as determined under that Personal Property Security Act; (“loi antérieure”)

“prior security interest” means a security interest described in subsection 7 (1) that arises under a prior security agreement. (“sûreté antérieure”)

Prior security agreement

(2) For the purposes of this section, a security agreement entered into before the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force is a prior security agreement, subject to subsection (3).

Same

(3) If a security agreement described in subsection (2) is amended, renewed or extended by agreement entered into on or after the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, the security agreement as amended, renewed or extended is a prior security agreement, subject to subsection (4).

Same

(4) If the security agreement as amended, renewed or extended includes additional collateral that was not previously described in the agreement, it is not a prior security agreement with respect to the additional collateral.

Validity

(5) For the purpose of ascertaining the location of the debtor in order to determine the law governing the validity of a prior security interest, prior law continues to apply and subsections 7 (3), (4) and (5) do not apply.

Perfection

(6) Subject to subsections (7) and (8), subsections 7 (3), (4) and (5) apply for the purpose of ascertaining the location of the debtor in order to determine the law governing the perfection of a security interest described in subsection 7 (1), whether attachment occurs before, on or after the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force.

Same

(7) A prior security interest that is a perfected security interest under prior law immediately before the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force continues perfected until the beginning of the earlier of the following days:

1. The day perfection ceases under prior law.

2. The fifth anniversary of the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force.

Same

(8) If a prior security interest referred to in subsection (7) is perfected in accordance with the applicable law as determined under this Act, on or after the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force but before the earlier of the days referred to in paragraphs 1 and 2 of subsection (7), the security interest shall be deemed to be continuously perfected from the day of its perfection under prior law.

Effect of perfection or non-perfection and priority

(9) Subject to subsections (10), (11) and (12), subsections 7 (3), (4) and (5) apply for the purpose of ascertaining the location of the debtor in order to determine the law governing the effect of perfection or non-perfection, and the priority, of a security interest referred to in subsection 7 (1), whether attachment occurs before, on or after the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force.

Same

(10) For the purpose of ascertaining the location of the debtor in order to determine the law governing the effect of perfection or of non-perfection, and the priority, of a prior security interest in relation to an interest, other than a security interest, in the same collateral arising before the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, prior law continues to apply and subsections 7 (3), (4) and (5) do not apply, regardless of whether the prior security interest is perfected, on or after the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, in accordance with the applicable law as determined under this Act.

Priority

(11) For the purpose of ascertaining the location of the debtor in order to determine the law governing the priority of a prior security interest in relation to any other prior security interest in the same collateral, prior law continues to apply and subsections 7 (3), (4) and (5) do not apply, subject to subsection (12).

Same

(12) If a prior security interest is not a perfected security interest under prior law immediately before the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force but is subsequently perfected in accordance with the applicable law as determined under this Act, subsections 7 (3), (4) and (5) apply for the purpose of ascertaining the location of the debtor in order to determine the law governing the priority of the prior security interest in relation to any other security interest in the same collateral.

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

Transition re s. 7.1

Definitions

7.3 (1) In this section,

“prior law” means the Personal Property Security Act, as it reads immediately before the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, including the applicable law as determined under that Personal Property Security Act; (“loi antérieure”)

“prior security interest” means a security interest in investment property that arises under a prior security agreement. (“sûreté antérieure”)

Prior security agreement

(2) For the purposes of this section, a security agreement entered into before the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force is a prior security agreement, subject to subsection (3).

Same

(3) If a security agreement described in subsection (2) is amended, renewed or extended by agreement entered into on or after the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, the security agreement as amended, renewed or extended is a prior security agreement.

Time of attachment irrelevant

(4) Subject to subsections (5), (6) and (7) and section 84, section 7.1 applies for the purpose of determining the law governing the validity, the perfection, the effect of perfection or of non-perfection and the priority of all security interests in investment property, whether attachment occurs before, on or after the day section 126 of the Securities Transfer Act, 2006 comes into force.

Validity

(5) For the purpose of determining the law governing the validity of a prior security interest, prior law continues to apply.

Perfection

(6) A prior security interest that was perfected by registration and that is a perfected security interest under prior law immediately before the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force continues perfected until the beginning of the earlier of the following days:

1. The day perfection ceases under prior law.

2. The fifth anniversary of the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force.

Same

(7) If a prior security interest referred to in subsection (6) is perfected in accordance with the applicable law as determined under this Act, on or after the day subsection 3 (2) of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force but before the earlier of the days referred to in paragraphs 1 and 2 of subsection (6), the security interest shall be deemed to be continuously perfected from the day of its perfection under prior law.

7. Subsection 8 (1) of the Act, as re-enacted by the Statutes of Ontario, 2006, chapter 8, section 127, is amended by striking out “Despite sections 5, 6, 7 and 7.1” at the beginning and substituting “Despite sections 5 to 7.3”.

8. Subsections 9 (2) and (3) of the Act are repealed.

9. Section 28 of the Act is amended by adding the following subsections:

Same

(1.1) Subsection (1) applies whether or not,

(a) the buyer took possession of the goods;

(b) the seller was in possession of the goods at any time;

(c) title to the goods passed to the buyer; or

(d) the seller took a security interest in the goods.

Same

(1.2) Despite subsection (1.1), subsection (1) does not apply if the goods were not identified to the contract of sale.

Goods identified to contract

(1.3) For the purposes of subsection (1.2), goods are identified to the contract of sale when they are,

(a) identified and agreed upon by the parties at the time the contract is made; or

(b) marked or designated to the contract,

(i) by the seller, or

(ii) by the buyer, with the seller’s consent or authorization.

. . . . .

Same

(2.1) Subsection (2) applies whether or not,

(a) the lessee took possession of the goods; or

(b) the lessor was in possession of the goods at any time.

Same

(2.2) Despite subsection (2.1), subsection (2) does not apply if the goods were not identified to the contract of lease.

Goods identified to contract

(2.3) For the purposes of subsection (2.2), goods are identified to the contract of lease when they are,

(a) identified and agreed upon by the parties at the time the contract is made; or

(b) marked or designated to the contract,

(i) by the lessor, or

(ii) by the lessee, with the lessor’s consent or authorization.

10. Clause 33 (1) (b) of the Act is repealed and the following substituted:

(b) before the debtor receives possession of the inventory, the purchase-money secured party gives notice in writing to every other secured party who has, before the date of registration by the purchase-money secured party, registered a financing statement that describes the collateral as, or as including,

(i) items or types of inventory, all or some of which are the same as the items or types of inventory that will be subject to the purchase money security interest,

(ii) inventory, or

(iii) accounts; and

11. (1) Subsection 40 (1) of the Act is repealed and the following substituted:

Account debtor

(1) In this section,

“account debtor” means a person obligated on an account or on chattel paper.

Defences available against assignee

(1.1) An account debtor who has not made an enforceable agreement not to assert defences arising out of the contract between the account debtor and the assignor may set up by way of defence against the assignee,

(a) all defences available to the account debtor against the assignor arising out of the terms of the contract or a related contract, including equitable set-off and misrepresentation; and

(b) the right to set off any debt owing to the account debtor by the assignor that was payable to the account debtor before the account debtor received notice of the assignment.

(2) Subsection 40 (2) of the Act is repealed and the following substituted:

Payment by account debtor

(2) An account debtor may pay the assignor until the account debtor receives notice, reasonably identifying the relevant rights, that the account or chattel paper has been assigned, and, if requested by the account debtor, the assignee shall furnish proof within a reasonable time that the assignment has been made, and, if the assignee does not do so, the account debtor may pay the assignor.

(3) Subsection 40 (3) of the Act is amended by striking out “the person obligated on the account or chattel paper” and substituting “the account debtor”.

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

Prohibition or restriction on assignment

(4) A term in the contract between the account debtor and the assignor that prohibits or restricts the assignment of, or the giving of a security interest in, the whole of the account or chattel paper for money due or to become due or that requires the account debtor’s consent to such assignment or such giving of a security interest,

(a) is binding on the assignor only to the extent of making the assignor liable to the account debtor for breach of their contract; and

(b) is unenforceable against third parties.

12. (1) Subsection 41 (1) of the Act is amended by striking out “and branch offices”.

(2) Subsection 41 (3) of the Act is repealed.

13. (1) Subsection 42 (1) of the Act is amended by striking out “and a branch registrar for each branch office”.

(2) Subsection 42 (3) of the Act is repealed.

(3) Subsection 42 (7) of the Act is repealed and the following substituted:

Delegation

(7) The registrar may designate one or more public servants to act on his or her behalf.

14. Subsections 43 (4) and (5) of the Act are repealed and the following substituted:

Transition

(4) Despite their repeal, subsections 43 (4) and (5), as they read immediately before the day section 14 of Schedule E to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, continue to apply to financing statements and financing change statements that were registered as documents in the required form before that day.

15. (1) Subsections 46 (1), (2), (2.1), (2.2), (2.3) and (3) of the Act are repealed and the following substituted:

Registration requirements

(1) A financing statement or financing change statement that is to be registered shall contain the required information presented in a required format.

Electronic transmission

(2) A financing statement or financing change statement in a required format may be tendered for registration by direct electronic transmission to the registration system’s database.

Authorized person

(3) A financing statement or financing change statement in a required format may be tendered for registration by direct electronic transmission only by a person who is, or is a member of a class of persons that is, authorized by the registrar to do so.

(2) Subsection 46 (6) of the Act is repealed and the following substituted:

Copy to debtor

(6) Within 30 days after the date of registration of a financing statement or financing change statement, the secured party shall deliver a copy of a verification statement to the debtor.

16. Subsection 51 (5) of the Act is repealed and the following substituted:

Consumer goods

(5) Despite subsection (1), if the collateral described in a financing statement is or includes consumer goods, the financing statement shall be deemed to have a registration period of five years, unless a shorter registration period is indicated on the financing statement or unless the registration period is extended by the registration of a financing change statement under subsection 52 (1).

17. Section 53 of the Act is amended by striking out “or branch registrar”.

18. (1) Subsection 56 (1) of the Act is amended by striking out the portion after clause (b) and substituting “any person having an interest in the collateral covered by the security agreement may deliver a written notice to the secured party demanding registration of a financing change statement referred to in section 55 or a certificate of discharge or partial discharge referred to in subsection 54 (4), or both, and the secured party shall register the financing change statement or the certificate of discharge or partial discharge, or both, as the case may be”.

(2) Subsection 56 (2) of the Act is amended by striking out “demanding a financing change statement referred to in section 55 or a certificate of discharge referred to in subsection 54 (4), or both, and the person named as the secured party shall sign and give to the person demanding it, at the place set out in the notice, the financing change statement or the certificate of discharge, or both, as the case may be” at the end and substituting “demanding registration of a financing change statement referred to in section 55 or a certificate of discharge referred to in subsection 54 (4), or both, and the person named as the secured party shall register the financing change statement or the certificate of discharge, or both, as the case may be”.

(3) Subsections 56 (2.1), (2.2), (2.3) and (2.4) of the Act are repealed and the following substituted:

Amendment

(2.1) If a financing statement is registered under this Act and the collateral description or collateral classification in the financing statement includes personal property that is not collateral under the security agreement, the person named in the financing statement as the debtor may deliver a written notice to the person named as the secured party demanding registration of a financing change statement referred to in section 49 to provide an accurate collateral description, and the person named as the secured party shall register the financing change statement.

(4) Subsection 56 (4) of the Act is repealed and the following substituted:

Failure to deliver

(4) Where the secured party, without reasonable excuse, fails to register the financing change statement, or certificate of discharge or partial discharge, or all of them, as the case may be, required under subsection (1), (2) or (2.1) within 10 days after receiving a demand for it, the secured party shall pay $500 to the person making the demand and any damages resulting from the failure; the sum and damages are recoverable in any court of competent jurisdiction.

19. Part V of the Act is amended by adding the following section:

Application

57.1 Unless otherwise provided in this Part, this Part applies to a security interest only if it secures payment or performance of an obligation.

20. Section 62 of the Act is amended by adding the following subsection:

Exempt collateral

(2) If any of the collateral in which the secured party has a security interest under the security agreement, other than a purchase-money security interest or a possessory security interest, is property that would be exempt under the Execution Act from seizure under a writ issued out of a court, that property is exempt from the rights of the secured party under subsection (1).

21. (1) Subsection 65 (3) of the Act is amended by striking out “thirty” and substituting “15”.

(2) Section 65 of the Act is amended by adding the following subsection:

Extension of time

(3.1) Upon application by any person entitled to notification under subsection (2), the Superior Court of Justice may make an order extending the 15-day period mentioned in subsection (3).

(3) Clause 65 (6) (a) of the Act is repealed and the following substituted:

(a) the expiration of the 15-day period mentioned in subsection (3) or, if the period was extended under subsection (3.1), the expiration of the extended period; and

22. Subsection 67 (1) of the Act is amended by striking out “and” at the end of clause (e), by adding “and” at the end of clause (f) and by adding the following clause:

(g) despite subsection 59 (6), if the secured party has taken security in both real and personal property to secure payment or performance of the debtor’s obligation, make any order necessary to enable the secured party to accept both the real and personal property in satisfaction of the obligation secured or to enable the secured party to enforce any of its other remedies against both the real and personal property, including an order requiring notice to be given to certain persons and governing the notice, an order permitting and governing redemption of the real and personal property, and an order requiring the secured party to account to persons with an interest in the real property or personal property for any surplus.

23. Section 68 of the Act is repealed and the following substituted:

Service of notices, etc.

68. (1) If, under this Act, a notice or any other document may be or is required to be given or delivered to or served on,

(a) a secured party named in a registered financing statement or financing change statement, the notice or document may be,

(i) served by personal service,

(ii) delivered by prepaid courier, or sent by registered mail, to the most recent address of the secured party as shown in the financing statement or financing change statement,

(iii) sent by telephone transmission of a facsimile, or

(iv) sent by electronic transmission;

(b) a debtor by a secured party, the notice or document may be,

(i) served by personal service,

(ii) delivered by prepaid courier, or sent by registered mail, to the most recent address of the debtor known to the secured party,

(iii) sent by telephone transmission of a facsimile, or

(iv) sent by electronic transmission.

Same

(2) If, under this Act, a notice or any other document may be or is required to be given or delivered to or served on a person, other than a person to whom subsection (1) applies, the notice or document may,

(a) in the case of an individual,

(i) be served by personal service,

(ii) be delivered by prepaid courier, or sent by registered mail, to the individual’s residence or place of business or, if the individual has more than one residence or place of business, to any one of the residences or places of business,

(iii) be sent by telephone transmission of a facsimile, or

(iv) be sent by electronic transmission;

(b) in the case of a partnership,

(i) be served by personal service,

(A) upon any one or more of the partners, or

(B) upon any person having control or management of the partnership business at the principal place of business of the partnership,

(ii) be delivered by prepaid courier, or sent by registered mail, to,

(A) the partnership,

(B) any one or more of the general partners, or

(C) any person having control or management of the partnership business,

at the principal address of the partnership, or

(iii) be sent by telephone transmission of a facsimile, or by electronic transmission, to any person mentioned in subclause (i);

(c) in the case of a municipal corporation,

(i) be delivered by prepaid courier, or sent by registered mail, to its head of council or chief administrative officer at its principal office, or

(ii) be sent by telephone transmission of a facsimile, or by electronic transmission, to its head of council or chief administrative officer;

(d) in the case of a local board, as defined in the Municipal Affairs Act,

(i) be delivered by prepaid courier, or sent by registered mail, to its chair or chief administrative officer at its principal office, or

(ii) be sent by telephone transmission of a facsimile, or by electronic transmission, to its chair or chief administrative officer;

(e) in the case of a corporation, other than a municipal corporation or local board,

(i) be served by personal service,

(A) upon any officer, director or agent of the corporation, or

(B) upon the manager or person in charge of any office or other place where the corporation carries on business,

(ii) be delivered by prepaid courier, or sent by registered mail, to its registered or head office, or

(iii) be sent by telephone transmission of a facsimile, or by electronic transmission, to any person mentioned in subclause (i);

(f) in the case of Her Majesty in right of Ontario, unless the regulations otherwise provide, be delivered by prepaid courier, sent by registered mail, sent by telephone transmission of a facsimile, or sent by electronic transmission, to the registrar.

Out of province

(3) If, under this Act, a notice or any other document may be or is required to be given or delivered to or served on an individual, partnership or body corporate, other than one to which subsection (1) applies, that is carrying on business in Ontario but resides or has its principal office or its registered or head office outside Ontario, the notice or document may be,

(a) served by personal service,

(i) upon the individual, partnership or body corporate carrying on the business in Ontario, or

(ii) in the case of a corporation incorporated or continued under the laws of a jurisdiction outside of Canada or an extra-provincial limited partnership under the Limited Partnerships Act, upon the agent or attorney for service in Ontario;

(b) delivered by prepaid courier, or sent by registered mail, to the address of the individual, partnership, body corporate, agent or attorney; or

(c) sent by telephone transmission of a facsimile, or by electronic transmission, to the individual, partnership, body corporate, agent or attorney.

Deemed receipt, registered mail

(4) Any notice or other document sent by registered mail shall be deemed to have been given, delivered or served when the addressee actually receives the notice or document or upon the expiry of 10 days after the day of registration, whichever is earlier.

Deemed receipt, fax and electronic transmission

(5) Any notice or other document sent by telephone transmission of a facsimile or by electronic transmission shall be deemed to have been given, delivered or served when the addressee actually receives the notice or document or upon the first business day after the day of transmission, whichever is earlier.

Court documents

(6) Any notice or other document to be served on any person in relation to a proceeding in a court shall be served in accordance with the rules of the court and subsections (1) to (5) do not apply to such notice or other document.

24. (1) Clause 73.1 (1) (a) of the Act is repealed.

(2) Clauses 73.1 (1) (f), (g) and (h) of the Act are repealed and the following substituted:

(f) governing the format or formats of financing statements or financing change statements, the format or formats of verification statements and the information to be included in the statements;

(g) governing the tendering for registration of financing statements and financing change statements;

(3) Clause 73.1 (1) (l) of the Act is repealed.

25. (1) Clause 74 (1) (a) of the Act is amended by striking out “and branch registrars”.

(2) Clause 74 (1) (d) is repealed and the following substituted:

(d) for the purpose of clause 68 (2) (f), varying the method of giving notices or other documents to Her Majesty in right of Ontario or varying the person to whom the notice or other document must be given;

(3) Subsection 74 (1) of the Act is amended by adding the following clause:

(f) providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable for the effective implementation of this Act or the regulations or to facilitate transition from provisions of this Act as it read before being amended by the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 to provisions of this Act as it reads after being amended by that Act.

Commencement

26. (1) Subject to subsections (2) and (3), this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(2) Subsection 3 (1) and section 4 come into force on the day section 126 of the Securities Transfer Act, 2006 comes into force.

Same

(3) This section comes into force on the day the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 receives Royal Assent.

Schedule F
Amendments Relating to Organizations to provide Government Services to members of the Public

Freedom of Information and Protection of Privacy Act

1. (1) The definition of “institution” in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act is amended by striking out “and” at the end of clause (a) and by adding the following clause:

(a.1) a service provider organization within the meaning of section 17.1 of the Ministry of Government Services Act, and

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

Service provider organizations

65.1 (1) This section applies with respect to a service provider organization as defined in section 17.1 of the Ministry of Government Services Act.

Definitions

(2) In this section,

“customer service information” means, in relation to a service,

(a) the name, address and telephone number or other contact information of the individual to whom the service is to be provided and, if applicable, the person acting on behalf of that individual,

(b) the transaction or receipt number provided by the service provider organization in relation to the request for the service,

(c) information relating to the payment of any fee, and

(d) such other information as may be prescribed; (“renseignements liés au service à la clientèle”)

“designated service” means a service designated by regulations made under subsection 17.1 (3) of the Ministry of Government Services Act as a service that the service provider organization may provide on behalf of the Government or a public body; (“service désigné”)

“Government” means the Government as defined in the Ministry of Government Services Act; (“gouvernement”)

“public body” means a public body as defined in section 17.1 of the Ministry of Government Services Act. (“organisme public”)

Authorization to collect personal information

(3) A service provider organization is authorized to collect personal information for the purposes of providing a designated service.

Collection of customer service information

(4) Without limiting the generality of subsection (3), a service provider organization is authorized to collect customer service information, with the consent of the individual to whom the information relates, for the purposes of providing a designated service.

Conveying information to the Government, etc.

(5) If required by the regulations, a service provider organization that collects personal information on behalf of the Government or a public body in the course of providing a designated service shall convey the personal information to that Government or public body in accordance with the regulations.

Limitation after information conveyed

(6) After the service provider organization has conveyed personal information under subsection (5), the service provider organization shall not use or further disclose the personal information except as allowed by the regulations.

Collection of personal information under arrangements

(7) A person who provides services on behalf of a service provider organization pursuant to an arrangement under subsection 17.1 (7) of the Ministry of Government Services Act may not collect personal information in connection with providing those services unless the service provider organization and the person have entered into an agreement that governs the collection, use and disclosure of such personal information and the agreement meets the prescribed requirements, if any.

Audits by Commissioner

(8) The Commissioner may audit a service provider organization to check that there has been no unauthorized access to or modification of personal information in the custody of the organization and the organization shall co-operate with and assist the Commissioner in the conduct of the audit.

Regulations

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

(a) prescribing information for the purposes of clause (d) of the definition of “customer service information” in subsection (2);

(b) governing the collection, use and disclosure of personal information by a service provider organization;

(c) requiring the conveyance of personal information under subsection (5) to the extent and within the time period specified by the regulations;

(d) allowing the use and disclosure of personal information under subsection (6);

(e) prescribing requirements for agreements under subsection (7);

(f) prescribing information for the purposes of clause 65.2 (2) (e).

Public consultation before making regulations

65.2 (1) Subject to subsection (7), the Lieutenant Governor in Council shall not make any regulation under subsection 65.1 (9) unless,

(a) the Minister has published a notice of the proposed regulation in The Ontario Gazette and given notice of the proposed regulation by all other means that the Minister considers appropriate for the purpose of providing notice to the persons who may be affected by the proposed regulation;

(b) the notice complies with the requirements of this section;

(c) the time periods specified in the notice, during which members of the public may exercise a right described in clause (2) (b) or (c), have expired; and

(d) the Minister has considered whatever comments and submissions that members of the public have made on the proposed regulation in accordance with clause (2) (b) or (c) and has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister considers appropriate.

Contents of notice

(2) The notice mentioned in clause (1) (a) shall contain,

(a) a description of the proposed regulation and the text of it;

(b) a statement of the time period during which members of the public may submit written comments on the proposed regulation to the Minister and the manner in which and the address to which the comments must be submitted;

(c) a description of whatever other rights, in addition to the right described in clause (b), that members of the public have to make submissions on the proposed regulation and the manner in which and the time period during which those rights must be exercised;

(d) a statement of where and when members of the public may review written information about the proposed regulation;

(e) all prescribed information; and

(f) all other information that the Minister considers appropriate.

Time period for comments

(3) The time period mentioned in clauses (2) (b) and (c) shall be at least 60 days after the Minister gives the notice mentioned in clause (1) (a) unless the Minister shortens the time period in accordance with subsection (4).

Shorter time period for comments

(4) The Minister may shorten the time period if, in the Minister’s opinion,

(a) the urgency of the situation requires it; or

(b) the proposed regulation is of a minor or technical nature.

Discretion to make regulations

(5) Upon receiving the Minister’s report mentioned in clause (1) (d), the Lieutenant Governor in Council, without further notice under subsection (1), may make the proposed regulation with the changes that the Lieutenant Governor in Council considers appropriate, whether or not those changes are mentioned in the Minister’s report.

No public consultation

(6) The Minister may decide that subsections (1) to (5) should not apply to the power of the Lieutenant Governor in Council to make a regulation under subsection 65.1 (9) if, in the Minister’s opinion,

(a) the urgency of the situation requires it; or

(b) the proposed regulation is of a minor or technical nature.

Same

(7) If the Minister decides that subsections (1) to (5) should not apply to the power of the Lieutenant Governor in Council to make a regulation under subsection 65.1 (9),

(a) subsections (1) to (5) do not apply to the power of the Lieutenant Governor in Council to make the regulation; and

(b) the Minister shall give notice of the decision to the public and to the Commissioner as soon as is reasonably possible after making the decision.

Contents of notice

(8) The notice mentioned in clause (7) (b) shall include a statement of the Minister’s reasons for making the decision and all other information that the Minister considers appropriate.

Publication of notice

(9) The Minister shall publish the notice mentioned in clause (7) (b) in The Ontario Gazette and give the notice by all other means that the Minister considers appropriate.

Temporary regulation

(10) If the Minister decides that subsections (1) to (5) should not apply to the power of the Lieutenant Governor in Council to make a regulation under subsection 65.1 (9) because the Minister is of the opinion that the urgency of the situation requires it, the regulation shall,

(a) be identified as a temporary regulation in the text of the regulation; and

(b) unless it is revoked before its expiry, expire at a time specified in the regulation, which shall not be after the second anniversary of the day on which the regulation comes into force.

No review

(11) Subject to subsection (12), neither a court, nor the Commissioner shall review any action, decision, failure to take action or failure to make a decision by the Lieutenant Governor in Council or the Minister under this section.

Exception

(12) Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by this section.

Time for application

(13) No person shall make an application under subsection (12) with respect to a regulation later than 21 days after the day on which,

(a) the Minister publishes a notice with respect to the regulation under clause (1) (a) or subsection (9), where applicable; or

(b) the regulation is filed, if it is a regulation described in subsection (10).

Ministry of Government Services Act

2. The Ministry of Government Services Act is amended by adding the following section:

Service provider organizations

Designation

17.1 (1) The Lieutenant Governor in Council may, by regulation, designate a ministry of the Government of Ontario, part of such a ministry or a person or entity as an organization to provide services to members of the public on behalf of the Government or a public body.

Definitions

(2) In this section,

“public body” means,

(a) a related government,

(b) the corporation of any municipality in Ontario,

(c) a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario,

(d) such other persons and entities as may be prescribed; (“organisme public”)

“service” means anything that may be done by the Government or public body in interacting with members of the public; (“service”)

“service provider organization” means a ministry, part of a ministry or a person or entity designated under subsection (1). (“organisation de prestation de services”)

Designation of services to be provided

(3) If the Lieutenant Governor in Council designates a service provider organization under subsection (1), the Lieutenant Governor in Council shall make regulations designating services,

(a) that the service provider organization may provide on behalf of the Government; or

(b) that the service provider organization may provide on behalf of a public body if the service provider organization is so authorized by that public body or by a person or entity who, under any other law, may give such an authorization.

Authorization to exercise powers under statute, etc.

(4) To facilitate the provision of services by the service provider organization on behalf of the Government or a public body, the Lieutenant Governor in Council may make regulations,

(a) authorizing the service provider organization to exercise powers or perform functions or duties under an Ontario statute or regulation;

(b) providing for a reference in an Ontario statute or regulation to the person who would otherwise exercise a power or perform a function or duty referred to in clause (a) to be read, to the extent specified in the regulations, as though the reference was to the service provider organization.

Limitation

(5) Regulations under subsection (4) may not provide for the service provider organization to make regulations or conduct any review or appeal.

Authorization in addition to other powers to delegate, etc.

(6) For greater certainty, the power to make regulations authorizing the service provider organization to exercise powers or perform functions or duties under an Ontario statute or regulation is in addition to, and does not derogate from, any authority, under the statute, regulation or any other law, to delegate or assign such a power, function or duty.

Arrangements with others

(7) A service provider organization may arrange with another person to provide services on behalf of the service provider organization or exercise powers or perform functions or duties that the service provider organization is authorized to exercise or perform.

Regulations

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

(a) governing the operation of a service provider organization;

(b) prescribing persons and entities for the purposes of clause (d) of the definition of “public body” in subsection (2).

Commencement

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

Same

(2) This section comes into force on the day the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 receives Royal Assent.