EXPLANATORY NOTE

SCHEDULE 1

ALCOHOL AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996

Section 26 of the Alcohol and Gaming Regulation and Public Protection Act, 1996 governs annual adjustments to the rate of basic tax payable by purchasers of beer. Subsection 26 (1.1) of the Act currently provides for an increase in the rate to take effect on November 1, 2018. Subsection 26 (1.1) of the Act is amended to remove that increase. The amendment is deemed to have come into force on October 31, 2018.

The Schedule also sets out rules relating to amounts purchasers pay in respect of the increase on and after November 1, 2018 and before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent. Those amounts are deemed not to have been paid as tax but rather as part of the purchase price owing to the beer vendor.

SCHEDULE 2

ASSESSMENT ACT

Royal Canadian Legion memorial homes, clubhouses and athletic grounds are exempted from taxation.

schedule 3

Auditor general Act

Currently, the Auditor General is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. Authority to remove the Auditor General for cause is expanded to allow a suspension. The Schedule contains rules regarding the salary, benefits and pension of the Auditor General and restrictions on holding any other office, and sets out the nature of the office.

The Auditor General is required to designate an individual to act when he or she is not available. The Schedule also allows for appointment of a temporary Auditor General in certain circumstances.

Other amendments are made, and transitional provisions are set out.

SCHEDULE 4

AUTOMOBILE INSURANCE RATE STABILIZATION ACT, 2003

The Automobile Insurance Rate Stabilization Act, 2003 is amended to change references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016.

Schedule 5

City of Toronto Act, 2006

Section 98 of the City of Toronto Act, 2006 currently relates to by-laws that prohibit or regulate the smoking of tobacco. This section is amended to include the smoking of cannabis.

Schedule 6

Civil Remedies Act, 2001

The Schedule amends the Civil Remedies Act, 2001 by adding a new section 18.1, providing that a court may, on motion or application by the Attorney General or with the Attorney General’s consent, approve a settlement in relation to a proceeding under the Act, including a settlement that provides for the full or partial forfeiture of the property that is the subject of the proceeding.

SCHEDULE 7

COMMODITY FUTURES ACT

The Schedule amends the Commodity Futures Act. The major elements of the Schedule are set out below.

A new Part is added with respect to the regulation of benchmarks. Benchmark administrators may apply to be designated or to have a benchmark designated. This designation has a number of legal effects. In particular, the use of non-designated benchmarks may be prohibited by the rules. The Ontario Securities Commission (the Commission) may require information to be provided to a designated benchmark administrator in relation to the designated benchmark.

Benchmark administrators and contributors, including their respective directors, officers and employees, and any of their service providers or security holders that are in a prescribed class, are required to comply with various benchmark requirements that may be established under the Commission’s new rule-making powers with respect to benchmarks. Benchmark users are also required to comply with many of these requirements.

The Act is amended to prohibit engaging or participating in the provision of false or misleading information for the purpose of determining a benchmark. It also prohibits conduct that improperly influences the determination of a benchmark.

Schedule 8

Construction Act

The Schedule makes various amendments to the Construction Act, including the following amendments:

1. Section 13.3 of the Act is amended to broaden the powers of the Authorized Nominating Authority to set fees, costs and other charges in relation to the administration of adjudication by the Authority under Part II.1 of the Act, and to specify that such fees, costs or charges are not public money and may be retained by the Authority. Section 88 of the Act is amended accordingly to adjust the related regulation-making authority set out in that section.

2. Section 13.6 of the Act is re-enacted to provide that adjudication procedures are governed by the Act and the regulations and, to the extent set out in that section, by adjudication procedures specified in an applicable contract or subcontract.

3. Section 13.11.1 is added to the Act to provide expressly for a party to respond to a notice of adjudication.

4. Section 27.1 of the Act is re-enacted to provide that if an owner, contractor or subcontractor refuses to make payment under section 26 of 27 of the Act, the person to whom the payment is owed may refuse to pay out a further person from the payment owed, if the person to whom the payment is owed takes the specified steps.

5. Section 87.3 of the Act, dealing with transitional rules connected to the Construction Lien Amendment Act, 2017, is re-enacted.

6. Various amendments are made to the French version of the Act to ensure a consistent form of expression.

SCHEDULE 9

Co-operative Corporations Act

The Co-operative Corporations Act is amended to change references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Minister. Transitional matters are provided for.

Section 187 of the Act, which governs approved forms and fees, is re-enacted.

Schedule 10

Courts of Justice Act

The Schedule amends the Courts of Justice Act to add a section 149, respecting agreements into which the Attorney General may enter with service providers for the provision of mediation and information services in relation to family law matters. The services are subject to such fees as are specified in the agreement, which may be collected by or on behalf of service providers, but which must be used by service providers for or in relation to the provision of the services, as specified in the agreements, or for any other purpose specified in the agreements. The fees payable are to be published on a Government of Ontario website.

SCHEDULE 11

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994

The Credit Unions and Caisses Populaires Act, 1994 is amended to change references to the Deposit Insurance Corporation of Ontario to refer instead to the Financial Services Regulatory Authority of Ontario. Section 276 of the Act, which governs the Deposit Insurance Reserve Fund, is also amended. Various provisions that relate to the Deposit Insurance Corporation of Ontario are also repealed.

schedule 12

ELEction Act

Currently, the Chief Electoral Officer is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. The current unlimited term of the Chief Electoral Officer is retained. Authority is added to remove the Chief Electoral Officer for cause and to suspend him or her. The Schedule contains new rules regarding the salary and benefits of the Chief Electoral Officer and restrictions on holding any other office, and sets out the nature of the office.

Currently, the Lieutenant Governor in Council is permitted to appoint a Deputy Chief Electoral Officer, as an officer of the Assembly. The Schedule requires the Chief Electoral Officer to designate an individual from Elections Ontario to act when the Chief Electoral Officer cannot, who will not be an officer. The current Deputy remains in office. The Schedule also allows for appointment of a temporary Chief Electoral Officer in certain circumstances.

Transitional provisions are set out.

Schedule 13

Election Finances Act

The Schedule amends the Election Finances Act.

Starting in 2019, the maximum contribution that a person can make annually to any one registered party or to registered constituency associations, registered nomination contestants and registered leadership contestants of any one registered party is $1,600 plus $25 for every year starting on or after January 1, 2020. A similar increase is made with respect to other contributions described in section 18 that apply with respect to a campaign period. The Schedule repeals subsection 23 (7) which governs the maximum amount that a person can contribute at a fund-raising event. The Schedule repeals the requirement in subsection 19 (3) that contributors certify that their contribution comes only from funds belonging to them, and not from funds given to them for the purpose of making a contribution.

The Schedule repeals section 23.1 so that persons, such as a member of the Assembly or the leader of a registered party, are no longer prohibited from attending a fund-raising event.

The Schedule phases out, by January 1, 2022, the quarterly allowance described in section 32.1 that is payable to a registered party or a registered constituency association.

Schedule 14

Electricity Act, 1998

The Schedule amends the Electricity Act, 1998 to add a new section 25.34. The new section provides that, if money is appropriated for the purpose by the Legislature, the IESO shall pay all or any portion of the amounts required to be paid by it to an entity as a result of the termination, in accordance with Order in Council 1003/2018 made on July 5, 2018, of a procurement contract to which the entity was a party. Clause 114 (1.3) (h) is added to the Act to provide regulation-making authority to exclude specified amounts from the application of the section. Section 25.33 of the Act is amended to exclude any amounts paid under section 25.34 from the adjustments required to be made under subsections 25.33 (1) and (2).

schedule 15

environmental bill of rights, 1993

The Environmental Bill of Rights, 1993 is amended so that duties currently associated with the position of Environmental Commissioner are transferred to the Environment Minister and the Auditor General. Related amendments are made.

The Auditor General shall appoint a Commissioner of the Environment from among the employees of the Office of the Auditor General, and the Commissioner of the Environment may, subject to the direction of the Auditor General, exercise the powers and perform the duties and functions of the Auditor General under the Act.

Transitional provisions are set out.

schedule 16

financial accountability officer Act, 2013

Currently, the Financial Accountability Officer is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. The current term of office of five years is retained. Authority to remove the Financial Accountability Officer for cause is expanded to allow a suspension. The Schedule contains new rules regarding the salary and benefits of the Financial Accountability Officer and restrictions on holding any other office, and sets out the nature of the office.

The Financial Accountability Officer is required to designate an individual to act when he or she is not available. A temporary Financial Accountability Officer may be appointed in certain circumstances.

Transitional provisions are set out.

SCHEDULE 17

Financial Services regulatory authority of ontario act, 2016

Section 2 of the Financial Services Regulatory Authority of Ontario Act, 2016 is amended to provide that the Financial Services Regulatory Authority of Ontario (the Authority) and the Deposit Insurance Corporation of Ontario (DICO) are amalgamated and continued under the name Financial Services Regulatory Authority of Ontario.

Section 3 of the Act is amended to set out the objects of the Authority in respect of credit unions.

New section 10.2 of the Act requires that the board of directors of the Authority establish a committee to advise the board on matters related to the Deposit Insurance Reserve Fund.

Transitional matters related to the amalgamation of the Authority and DICO are provided for in new section 33.

Schedule 18

Fire Protection and Prevention Act, 1997

The Schedule amends the Fire Protection and Prevention Act, 1997. Here are some highlights:

Part IX of the Act is amended to prohibit employers and employers’ organizations from refusing to employ a person as a firefighter, refusing to assign a person to fire protection services or discharging a firefighter because the person has worked, is working or intends to work as a volunteer firefighter.

Associations are also prohibited from denying membership to, suspending, expelling, fining, attempting to collect a fine from, penalizing or otherwise disciplining a firefighter because the firefighter has worked, is working or intends to work as a volunteer firefighter, regardless of whether or not such work is within the jurisdiction, or adversely affects the interests, of the association.

Amendments to Part IX of the Act replace three-member arbitration boards with single arbitrators for dispute resolution. The amendments also include new criteria to be taken into consideration in an arbitrator’s decision and a requirement that an arbitrator provide written reasons for a decision at the request of either party. Complementary amendments are also made.

schedule 19

Freedom of information and Protection of privacy Act

Currently, the Information and Privacy Commissioner is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. The current term of office of five years is retained. Authority to remove the Commissioner for cause is expanded to allow a suspension. The Schedule contains new rules regarding the salary and benefits of the Commissioner and restrictions on holding any other office, and sets out the nature of the office.

The Commissioner is required to designate an individual to act when he or she is not available. A temporary Commissioner may be appointed in certain circumstances.

Transitional provisions are set out.

schedule 20

frencH language services Act

The French Language Services Act is amended so that duties currently associated with the position of French Language Services Commissioner are transferred to the Ombudsman, and related amendments are made.

Transitional provisions are set out.

SCHEDULE 21

INSURANCE ACT

Section 42 of the Insurance Act is amended to provide that certain insurers must be members of the Fire Mutuals Guarantee Fund.

A technical amendment is also made to the French version of the Act.

SCHEDULE 22

INTERIM APPROPRIATION FOR 2019-2020 ACT, 2018

The Schedule enacts the Interim Appropriation for 2019-2020 Act, 2018, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2020 up to specified maximum amounts. All expenditures made or recognized under the Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2020.

schedule 23

Legislative Assembly Act

Currently, the Clerk of the Legislative Assembly is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. Authority to remove the Clerk for cause is expanded to allow a suspension.

The Clerk is required to designate an individual to act when he or she is not available. A temporary Clerk may be appointed in certain circumstances.

The definition of “recognized party” in subsection 62 (5) of the Act is changed to a party that has a recognized membership of at least 10 per cent of the total number of members of the Assembly.

A provision is added continuing the branch of the Office of the Assembly known as the Legislative Protective Service and setting out its mandate.

schedule 24

members’ integrity Act, 1994

Currently, the Integrity Commissioner is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. The current term of office of five years is retained. Authority to remove the Commissioner for cause is expanded to allow a suspension. The Schedule contains new rules regarding the salary and benefits of the Commissioner and restrictions on holding any other office, and sets out the nature of the office.

The Commissioner is required to designate an individual to act when he or she is not available. A temporary Commissioner may be appointed in certain circumstances.

Transitional provisions are set out.

Schedule 25

Metrolinx Act, 2006

The Schedule amends the Metrolinx Act, 2006. The changes made by the Schedule include the following:

The regional transportation area is expanded by adding the Regional Municipality of Niagara, Haldimand County, the County of Brant, the City of Brantford, the Regional Municipality of Waterloo, the County of Wellington, the City of Guelph, the County of Dufferin, the County of Simcoe, the City of Barrie, the City of Orillia, the City of Kawartha Lakes, the County of Peterborough, the City of Peterborough and the County of Northumberland. Note that there is no change as to the municipalities mentioned in respect of the unified fare system.

The objects of Metrolinx are altered as follows:

1. The object of providing leadership in respect of an integrated, multi-modal transportation network is replaced with an object of providing leadership in respect of an integrated transit network.

2. An object, and duty, to provide other advice and services on matters related to transportation at the direction of the Minister of Transportation is added.

3. It is provided that in carrying out its objects, Metrolinx shall conform with objectives directed by the Lieutenant Governor in Council, the Minister of Transportation’s transportation plans, policies and strategies and prescribed plans and policies.

The mandatory components of the transportation plan that Metrolinx must create are altered, including by removing the requirement that the plan take into consideration all modes of transportation. It is provided that the transportation plan is subject to the approval of the Minister of Transportation, who also may amend it when approving it, as well as direct that it is to be reviewed or amended.

It is provided that the Lieutenant Governor in Council, on the recommendation of the Minister of Transportation, may appoint a representative who may attend meetings of the board of directors of Metrolinx.

schedule 26

Motor Vehicle Accident Claims Act

The Motor Vehicle Accident Claims Act is amended to change references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016 in certain cases and the Director of the Motor Vehicle Accident Claims Fund in others.

Schedule 27

Municipal Act, 2001

Section 115 of the Municipal Act, 2001 currently relates to by-laws that prohibit or regulate the smoking of tobacco. This section is amended to include the smoking of cannabis.

schedule 28

ombudsman Act

Currently, the Ombudsman is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. The current term of office of five years is retained. Authority to remove the Ombudsman for cause is expanded to allow a suspension. The Schedule contains new rules regarding the salary and benefits of the Ombudsman and restrictions on holding any other office, and sets out the nature of the office.

The Ombudsman is required to designate an individual to act when he or she is not available. A temporary Ombudsman may be appointed in certain circumstances.

The Ombudsman’s functions are expanded to include investigations respecting certain children and young persons as well as to include functions to be prescribed respecting services provided to certain children. The Act is amended to require children’s aid societies and residential licensees to take certain measures to inform children in care about these functions and to facilitate contact with the Ombudsman. The Act is amended to require the Lieutenant Governor in Council to consult with the Ombudsman before making any regulations under the Act, except in certain circumstances.

Transitional provisions are set out.

SCHEDULE 29

ONTARIO LOAN ACT, 2018 (NO. 2)

The Ontario Loan Act, 2018 (No. 2) is enacted. Subsection 1 (1) of the Act authorizes the Crown to borrow a maximum of $1,900,000,000.

Schedule 30

Ontario Place Corporation Act

The Schedule amends the Ontario Place Corporation Act.

Currently, the Corporation must consist of at least seven and not more than 13 members appointed by the Lieutenant Governor in Council. The minimum number is changed to one and the requirement that one of the members must be a director of the Canadian National Exhibition Association is removed.

New section 9.1 of the Act requires the board of directors to prepare a proposed plan for the winding up of the Corporation and transferring its assets, liabilities, rights and obligations to the Crown in right of Ontario or to an agency of the Crown. Subject to the approval of the plan by the Lieutenant Governor in Council, the Board must wind up the Corporation’s affairs and transfer its assets, liabilities, rights and obligations in accordance with the plan. Various rules regarding these transfers are set out. The Board shall notify the Minister of Tourism, Culture and Sport in writing as soon as possible after it has finished implementing the plan. Immunity from litigation arising from anything done or not done under this new section is provided for.

Schedule 31

Ontario Place Corporation repeal act, 2018

The Schedule enacts the Ontario Place Corporation Repeal Act, 2018, which comes into force on proclamation of the Lieutenant Governor. The Act does the following:

1. Repeals the Ontario Place Corporation Act.

2. Dissolves the Ontario Place Corporation.

3. Transfers the dissolved Corporation’s assets, liabilities, rights and obligations to the Crown in right of Ontario.

4. Immunity from litigation arising from anything done or not done under section 9.1 of the Ontario Place Corporation Act is provided for.

5. Makes consequential amendments to the Canadian National Exhibition Association Act, 1983.

Schedule 32

Pay Transparency Act, 2018

The date of commencement of the Pay Transparency Act, 2018 is changed from January 1, 2019 to a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 33

Pension Benefits Act

The Pension Benefits Act is amended. Here are some highlights:

A technical amendment is made to the definition of “specified beneficiary” in subsection 1 (1) of the Act.

New section 30.1.1 is added to the Act to allow for the electronic designation of beneficiaries.

Unproclaimed section 39.1 of the Act, which permits the establishment of variable benefit accounts, is amended to allow for the withdrawal of up to 50 per cent of the amount transferred to the account at the time it is established.

Amendments are made to section 43.1 of the Act. That section currently provides that if the administrator of a single employer pension plan has complied with certain requirements in respect of the purchase of a pension, deferred pension or ancillary benefit, the administrator is discharged. Amendments are made to clarify the requirements. The amendments also provide that the administrator is deemed not to have been discharged if it is discovered that the purchase did not meet the requirements. Enforcement provisions are added.

A new section 50.0.1 of the Act is added to permit a pension plan to pay the commuted value of a deferred pension to a former member who is a non-resident of Canada. If the former member has a spouse, the spouse must have waived any rights they have in the pension fund.

Various consequential amendments relating to sections 39.1, 43.1 and 50.0.1 of the Act are made to section 67.

Subsection 79.1 (2) of the Act is amended to provide that a transfer of assets relating to the provision of defined contribution benefits is permitted if the transfer is authorized under section 80.4.

Currently, section 80.4 of the Act governs a conversion that is implemented through a transfer of assets and liabilities from a single employer pension plan to another pension plan that is a jointly sponsored pension plan. Subsection 80.4 (3) is re-enacted to clarify that the transfer of assets in respect of defined contribution benefits must comply with such requirements as may be prescribed.

The Schedule amends section 100 of the Act with respect to the publication of agreements with designated jurisdictions. The current requirements for publication of information about agreements and amendments to agreements entered into before January 1, 2019 are repealed on a date to be named by proclamation of the Lieutenant Governor, as is a related regulation-making authority. The Schedule provides that specified information about agreements and amendments to agreements entered into on and after January 1, 2019 must be published in The Ontario Gazette.

The Act is amended by adding a new section 102.3 with respect to The Essar Steel Algoma Inc. Wrap Pension Plan for which Essar Steel Algoma Inc. is the employer. Subject to certain conditions, the section permits the making of regulations to create exemptions from subsections 55 (1) and 57 (3) or (4).

Other technical and consequential amendments are made.

Schedule 34

Provincial ADvocate for Children and Youth ACT, 2007

The Provincial Advocate for Children and Youth Act, 2007 is amended to require the Provincial Advocate for Children and Youth to limit his or her provision of advocacy and to not commence a new investigation on the day the Ombudsman’s functions are expanded by amendments to the Ombudsman Act set out in another Schedule to the Bill. The Act is repealed on the earlier of May 1, 2019 and a day to be named by proclamation of the Lieutenant Governor. Requirements are placed on the Advocate with respect to the resolution and referral to the Ombudsman of ongoing matters. Consequential amendments are made to the Child, Youth and Family Services Act, 2017.

schedule 35

Public service of ontario Act, 2006

The Schedule transfers the powers and duties of the Conflict of Interest Commissioner under the Public Service of Ontario Act, 2006 to the Integrity Commissioner.

Transitional provisions are set out.

SCHEDULE 36

residential tenancies ACT, 2006

The Schedule amends the Residential Tenancies Act, 2006 to provide new exemptions from various rules relating to rent, including rules relating to the rent increase guideline.

The following categories of rental units are exempt under new section 6.1:

1. Rental units located in a building, mobile home park or land lease community, or located in an addition to a building, mobile home park or land lease community, if no part of the building, mobile home park or land lease community, or no part of the addition, was occupied for residential purposes on or before November 15, 2018.

2. Rental units located in a detached house, semi-detached house or row house, if the rental units and the house meet specified requirements.

The new exemptions do not apply with respect to rental units that are subject to a tenancy in respect of which a tenancy agreement was entered into on or before November 15, 2018, but those exemptions apply with respect to any subsequent tenancy.

New section 6.1 sets out transition rules relating to rental units that are subject to a tenancy in respect of which a tenancy agreement was entered into after November 15, 2018 but before the day the exemptions come into force.

SCHEDULE 37

RETAIL SALES TAX ACT

The Schedule amends the Retail Sales Tax Act by repealing section 14.1, which permits the Minister of Finance to make small business transition support payments to eligible businesses, amending subsection 23 (4) and repealing clause 48 (3) (v). The Schedule also revokes Ontario Regulation 318/10 (Small Business Transition Support).

SCHEDULE 38

SECURITIES ACT

The Schedule amends the Securities Act. The major elements of the Schedule are set out below.

A new Part is added with respect to the regulation of benchmarks. Benchmark administrators may apply to be designated or to have a benchmark designated. This designation has a number of legal effects. In particular, the use of non-designated benchmarks may be prohibited by the rules. The Ontario Securities Commission (the Commission) may require information to be provided to a designated benchmark administrator in relation to the designated benchmark.

Benchmark administrators and contributors, including their respective directors, officers and employees, and any of their service providers or security holders that are in a prescribed class, are required to comply with various benchmark requirements that may be established under the Commission’s new rule-making powers with respect to benchmarks. Benchmark users are also required to comply with many of these requirements.

The Act is amended to prohibit engaging or participating in the provision of false or misleading information for the purpose of determining a benchmark. It also prohibits conduct that improperly influences the determination of a benchmark.

SCHEDULE 39

special hockey day act, 2018

The Schedule enacts the Special Hockey Day Act, 2018, which proclaims March 27, 2019 as Special Hockey Day to coincide with the start of the 25th annual Special Hockey International tournament in Toronto.

Schedule 40

SUCCESSION DUTY LEGISLATION REPEAL ACT, 2009

The Succession Duty Legislation Repeal Act, 2009 is repealed. Section 1 of The Succession Duty Repeal Act, 1979 is also repealed.

schedule 41

SUPPLEMENTARY INTERIM APPROPRIATION FOR 2018-2019 ACT, 2018

The Schedule enacts the Supplementary Interim Appropriation for 2018-2019 Act, 2018, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2019 up to specified maximum amounts. The expenditures authorized are in addition to those authorized under the Interim Appropriation for 2018-2019 Act, 2017. All expenditures made or recognized under the Interim Appropriation for 2018-2019 Act, 2017 and this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2019.

SCHEDULE 42

TAXATION ACT, 2007

The Schedule makes various amendments to the Taxation Act, 2007.

Subsection 9 (10) of the Act provides for the pension tax credit. That subsection is amended to allow for, by reference to provisions of the Income Tax Act (Canada) (the Federal Act), the inclusion of amounts received under the Veterans Well-being Act (Canada) in the calculation of the credit.

Section 12.1 of the Act imposes an additional tax on split income. This section is amended to allow an individual, for taxation years ending after December 31, 2017, to reduce his or her tax on split income by any amount deducted in respect of the mental or physical impairment tax credit or the tax credit for a dependant with a mental or physical impairment, as well as by the amounts by which the tax on split income can currently be reduced.

Section 19.1 provides the Ontario dividend tax credit for years 2016 and later. The section is amended to maintain the rate for the Ontario dividend tax credit in respect of dividends from corporations resident in Canada that are not eligible dividends for taxation years 2018 and later.

The Act is amended by adding section 21.1, which provides for the low-income individuals and families tax credit. The credit allows an eligible individual to deduct up to $850 from his or her tax payable for the year. The amount that may be claimed is determined in accordance with the individual’s employment income and is reduced based on the individual’s personal adjusted income or family adjusted income. Consequential amendments are made to sections 20 and 21.

Section 31 of the Act provides for the Ontario small business deduction. Currently, a deduction for a year cannot be claimed unless the corporation has made a deduction under section 125 of the Federal Act, which provides for the federal small business deduction. Section 31 is amended to allow a corporation to claim the deduction if the corporation would have been able to claim the small business tax deduction under section 125 of the Federal Act but for the application of subsection 125 (5.1) of that Act.

SCHEDULE 43

TRILLIUM TRUST ACT, 2014

The Schedule amends the Trillium Trust Act, 2014 to provide that the Act has no application after the fiscal year ending March 31, 2019. The Schedule also repeals the Act as of April 1, 2019 and revokes the regulations made under it as of that date.

Schedule 44

White Pines Wind Project Termination Act, 2018

Section 6 of the White Pines Wind Project Termination Act, 2018 provides for the payment of compensation to wpd White Pines Wind Incorporated as a result of the cancellation of the White Pines Wind Project. The Schedule makes various amendments to section 6 of the Act, including the following amendments:

1. The Schedule amends section 6 to provide that the compensation may comprise multiple payments (subsection 6 (3.1) of the Act).

2. Subsection 6 (6) of the Act is re-enacted to provide that compensation of an amount is payable only if wpd White Pines Wind Incorporated provides specified accounting and other information respecting the amount in accordance with the requirements of that subsection.

3. Subsection 6 (9.1) is added to address overpayment under the section.

Related amendments are made to the regulation-making authority in section 7, including the addition of subclause 7 (1) (c.2) (i), which sets out authority for the Lieutenant Governor in Council to specify preconditions to the calculation or payment of compensation under section 6.

schedule 45

various Acts — officers of the assembly

Amendments are made to various Acts to reflect amendments regarding officers of the Assembly that are made elsewhere in the Bill. In addition, amendments are made to the French versions of various Acts with respect to the French equivalent of the term “officer”.

Bill 57 2018

An Act to enact, amend and repeal various statutes

contents

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

Contents of this Act

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

Commencement

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

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

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

Short title

3 The short title of this Act is the Restoring Trust, Transparency and Accountability Act, 2018.

SCHEDULE 1

ALCOHOL AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996

1 (1) Subsection 26 (1.1) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 is amended by striking out “2016, 2017 and 2018” in the portion before paragraph 1 and substituting “2016 and 2017”.

(2) Section 26 of the Act is amended by adding the following subsection:

Transition re beer tax increase effective November 1, 2018

(1.2) If, before the day the Restoring Trust, Transparency and Accountability Act, 2018 received Royal Assent, a purchaser paid a beer vendor an amount in respect of the increase in the basic tax on beer that was scheduled to take effect on November 1, 2018 under subsection 26 (1.1) as it read immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 received Royal Assent, or if a beer vendor paid an amount in respect of that increase to another beer vendor, the following rules apply:

1. The amount paid in respect of the increase is deemed not to have been paid to the beer vendor as tax or as an amount on account of tax.

2. The amount paid in respect of the increase is deemed to have been paid to the beer vendor as part of the purchase price otherwise owing to the beer vendor.

Commencement

2 (1) Subject to subsection (2), this Schedule comes into force on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

(2) Subsection 1 (1) is deemed to have come into force on October 31, 2018.

SCHEDULE 2

ASSESSMENT ACT

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

Royal Canadian Legion

15.1 Land that is used and occupied as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion.

Commencement

2 This Schedule comes into force on January 1, 2019.

schedule 3

Auditor general Act

1 Section 1 of the Auditor General Act is amended by adding the following definition:

“recognized party” has the same meaning as in subsection 62 (5) of the Legislative Assembly Act; (“parti reconnu”)

2 Sections 2 to 6 of the Act are repealed and the following substituted:

Auditor General

2 (1) There shall be an Auditor General who is an officer of the Assembly.

Appointment

(2) The Assembly shall, by order, appoint the Auditor General.

Same, conditions

(3) An order appointing the Auditor General shall be made only after,

(a) unless decided otherwise by unanimous consent of the Assembly, the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member; and

(b) the chair of the standing Public Accounts Committee of the Assembly has been consulted.

Office of the Auditor General

3 The Office of the Auditor General consists of the Auditor General, the Deputy Auditor General, the Advertising Commissioner, the Commissioner of the Environment appointed under section 50 of the Environmental Bill of Rights, 1993 and such other employees as the Auditor General may require for the proper conduct of the business of the Office.

Term of office

4 (1) The Auditor General shall hold office for a term of 10 years and may not be reappointed for another term.

Reappointment after resignation

(2) Despite subsection (1), if an Auditor General resigns before the expiry of his or her term of office, he or she may be reappointed for a second term that expires no later than at the expiry of the original term.

Selection by panel

(3) Subsection 2 (3) applies with respect to a reappointment under subsection (2) of this section.

Continuation in office

(4) By order of the Assembly, the Auditor General may continue to hold office after expiry of his or her term of office until a temporary Auditor General is appointed under section 5.3 or until a successor is appointed.

Transition

(5) The Auditor General in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent shall continue to hold office for the remainder of his or her term and may not be reappointed for another term.

Removal or suspension

5 (1) The Assembly may, by order,

(a) remove the Auditor General from office for cause; or

(b) suspend the Auditor General where the Assembly is of the opinion the suspension is warranted.

Suspension if Assembly not in session

(2) If the Assembly is not in session, the Board may suspend the Auditor General where the Board is of the opinion the suspension is warranted.

Duration of suspension

(3) A suspension under clause (1) (b) continues until revoked by order of the Assembly or until the Auditor General is removed from office pursuant to clause (1) (a).

Same

(4) Unless the Board revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Auditor General is removed from office pursuant to clause (1) (a).

Same

(5) Despite subsection (4), no suspension imposed under subsection (2) continues past the 20th sessional day of the next sitting of the Assembly.

Report to Assembly

(6) The Board shall report to the Assembly any action taken under subsections (2) and (4) at the earliest opportunity of the next sitting of the Assembly.

Meaning of “not in session”

(7) For the purposes of this section and sections 5.3 and 5.5, the Assembly is not in session when it is,

(a) prorogued; or

(b) adjourned for an indefinite period or to a day that is more than seven days after the date on which the Assembly was adjourned.

Salary and benefits

5.1 (1) The Board shall determine the salary and benefits of the Auditor General, which shall be within the highest range of salaries paid to deputy ministers in the public service of Ontario, and the Auditor General is entitled to the privileges of office of a senior deputy minister.

Pension plan

(2) Subject to subsections (3) and (4), the Auditor General is a member of the Public Service Pension Plan.

Notice re pension plan

(3) Within 60 days after his or her appointment takes effect, the Auditor General may notify the Speaker in writing that he or she elects not to be a member of the Public Service Pension Plan.

Same

(4) If the Auditor General gives notice of their election to the Speaker in accordance with subsection (3), the election is irrevocable and is deemed to have taken effect when the appointment took effect.

Expenses

(5) Subject to the approval of the Board, the Auditor General is entitled to be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act.

Transition

(6) The salary and benefits of the Auditor General in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent continue to be determined in accordance with section 5, clause 22 (1) (a) and subsection 22 (1.1) of this Act, as they read immediately before that day, for the remainder of the Auditor General’s term of office.

Designation by the Auditor General

5.2 (1) The Auditor General shall designate an individual from among the employees of the Office of the Auditor General who shall have the powers and duties of the Auditor General if the Auditor General is absent or unable to fulfil the duties of his or her office or if the office becomes vacant.

Designation in writing

(2) A designation under subsection (1) shall be in writing to the Speaker.

Powers and duties

(3) The individual designated under subsection (1) shall have the powers and duties of the Auditor General unless a temporary Auditor General is appointed under section 5.3.

Salary

(4) The Board may increase the salary of an individual who assumes the powers and duties of the Auditor General under subsection (1) in such circumstances as the Board considers appropriate.

Temporary Auditor General

5.3 (1) If the Auditor General is unable to fulfil the duties of his or her office or the office becomes vacant, the Assembly may, by order, appoint a temporary Auditor General.

Selection by panel

(2) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (1) only if the person to be appointed has been selected by a unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member.

Appointment if Assembly not in session

(3) If, while the Assembly is not in session, the Auditor General is unable to fulfil the duties of his or her office or the office becomes vacant, the Board may appoint a temporary Auditor General.

Powers, salary and benefits

(4) A temporary Auditor General shall have the powers and duties of the Auditor General and shall be paid a salary and benefits determined by the Board and, subject to the approval of the Board, be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act.

Duration of office

(5) A temporary Auditor General shall hold office until,

(a) the Auditor General is able to fulfil the duties of the office, where the appointment resulted from the Auditor General being unable to do so;

(b) where the appointment resulted from a suspension of the Auditor General, the suspension is revoked by order of the Assembly, by the Board under subsection 5 (4) or by operation of subsection 5 (5);

(c) the Assembly appoints a different temporary Auditor General under subsection (1); or

(d) the Assembly appoints an Auditor General under section 2.

Subsequent appointment not prohibited

5.4 A person who serves as a temporary Auditor General under section 5.3 is not prohibited from appointment as Auditor General under section 2 and, in the case of such an appointment, the previous time in office does not count toward the term of office set out in subsection 4 (1).

Restrictions re other work, etc.

5.5 (1) The Auditor General shall not be a member of the Assembly and shall not, without prior approval by the Assembly, or by the Board when the Assembly is not in session, hold any other office or employment.

Exception

(2) Despite subsection (1), the Auditor General may hold more than one office to which he or she has been appointed by the Assembly or the Board.

Oath of office

5.6 (1) Before beginning the duties of his or her office, the Auditor General shall take an oath or affirmation that he or she will faithfully and impartially exercise the functions of the office.

Same

(2) The Speaker or the Clerk of the Assembly shall administer the oath or affirmation.

Nature of office

5.7 (1) The Auditor General holds office for a fixed term and is not a public servant within the meaning of the Public Service of Ontario Act, 2006, an employee of the Assembly or an employee of the Office of the Auditor General.

Notice not required

(2) No notice to the Auditor General is required before the expiry of the Auditor General’s term of office.

Protection from liability

5.8 (1) No cause of action arises as a direct or indirect result of any amendment made by Schedule 3 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments, including, without limiting the generality of the foregoing,

(a) lack of notice before the expiry of a term of office of the Auditor General;

(b) not being appointed or reappointed, or considered for appointment or reappointment, as the Auditor General;

(c) removal or suspension of the Auditor General; or

(d) any decision of the Board regarding the salary or benefits of the Auditor General.

No remedy

(2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in subsection (1).

No proceeding

(3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person.

Same

(4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the day that subsection comes into force.

Proceedings set aside

(5) Any proceeding referred to in subsection (3) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day.

Persons defined

(6) In this section,

“person” includes, but is not limited to, the Crown and its employees and agents, the Assembly and its members, employees, agents and officers, including the Auditor General and the employees of the Office of the Auditor General.

Appointment of Deputy Auditor General

6 The Auditor General may appoint a person to act as Deputy Auditor General.

3 Subsections 22 (3), (4) and (5) of the Act are repealed.

4 Subsection 27 (1) of the Act is amended by striking out “the Deputy Auditor General, the Advertising Commissioner, any person employed in” and substituting “the Deputy Auditor General, the Advertising Commissioner, the Commissioner of the Environment appointed under section 50 of the Environmental Bill of Rights, 1993, any employee of”.

5 Subsection 27.1 (1) of the Act is amended by striking out “the Deputy Auditor General, the Advertising Commissioner and each person employed in the Office of the Auditor General or” and substituting “the Deputy Auditor General, the Advertising Commissioner, the Commissioner of the Environment appointed under section 50 of the Environmental Bill of Rights, 1993, each employee of the Office of the Auditor General and any person”.

6 Subsection 29 (4) of the Act is amended by striking out “sections 5 and 23” and substituting “subsection 5.1 (1) and section 23”.

7 The Act is amended by adding the following section:

Transitional regulations

30 (1) The Lieutenant Governor in Council may make regulations providing for transitional matters arising from the enactment of Schedule 3 to the Restoring Trust, Transparency and Accountability Act, 2018.

Conflict

(2) If there is a conflict between a regulation made under subsection (1) and a provision of this or any other Act or a provision of another regulation made under any other Act, the regulation made under subsection (1) prevails.

Commencement

8 This Schedule comes into force on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

SCHEDULE 4

AUTOMOBILE INSURANCE RATE STABILIZATION ACT, 2003

1 The Automobile Insurance Rate Stabilization Act, 2003 is amended by striking out “Superintendent” wherever it appears and substituting in each case “Chief Executive Officer”.

2 The English version of the Act is amended by striking out “Superintendent’s” wherever it appears and substituting in each case “Chief Executive Officer’s”.

Commencement

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

Schedule 5

City of Toronto Act, 2006

1 (1) Section 98 of the City of Toronto Act, 2006 is amended by striking out “smoking of tobacco” wherever it appears and substituting in each case “smoking of tobacco or cannabis”.

(2) The definition of “smoking of tobacco” in subsection 98 (6) of the Act is repealed.

(3) Section 98 of the Act is amended by adding the following subsection:

Application

(7) For greater certainty, a reference in this section to the smoking of tobacco or cannabis includes,

(a) the holding of lighted tobacco or cannabis; and

(b) the consumption of tobacco or cannabis through the use of an electronic cigarette.

Commencement

2 This Schedule comes into force on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

Schedule 6

Civil Remedies Act, 2001

1 The Civil Remedies Act, 2001 is amended by adding the following section:

Settlements

18.1 (1) Despite anything to the contrary in this Act, the court may approve a settlement in relation to a proceeding under this Act, on the motion or application of the Attorney General or of any other party to the proceeding with the Attorney General’s consent.

Forfeiture

(2) For greater certainty, the power to approve a settlement under subsection (1) includes a power to approve a settlement that provides for the full or partial forfeiture of the property that is the subject of the proceeding.

Commencement

2 This Schedule comes into force on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

SCHEDULE 7

COMMODITY FUTURES ACT

1 (1) Subsection 1 (1) of the Commodity Futures Act is amended by adding the following definitions:

“benchmark” means a price, estimate, rate, index or value that is,

(a) determined, from time to time, by reference to an assessment of one or more underlying interests,

(b) made available to the public, either free of charge or on payment, and

(c) used for reference for any purpose, including,

(i) determining the interest payable, or other sums that are due, under a contract, derivative, instrument or security,

(ii) determining the value of a contract, derivative, instrument or security or the price at which it may be traded,

(iii) measuring the performance of a contract, derivative, investment fund, instrument or security, or

(iv) any other use by an investment fund; (“indice de référence”)

“benchmark administrator” means a person or company that administers a benchmark; (“administrateur d’indice de référence”)

“benchmark contributor” means a person or company that engages or participates in the provision of information for use by a benchmark administrator for the purpose of determining a benchmark, including a person or company subject to a decision under section 21.6; (“contributeur à un indice de référence”)

“benchmark user” means a person or company that, in relation to a contract, derivative, investment fund, instrument or security, uses a benchmark; (“utilisateur d’indice de référence”)

“designated benchmark” means a benchmark that is designated by the Commission under section 21.5; (“indice de référence désigné”)

“designated benchmark administrator” means a benchmark administrator that is designated by the Commission under section 21.5 in respect of a designated benchmark; (“administrateur d’indice de référence désigné”)

“director” means a director of a company or an individual performing a similar function or occupying a similar position for any person; (“administrateur”)

“investment fund” means a mutual fund or a non-redeemable investment fund; (“fonds d’investissement”)

(2) The definition of “market participant” in subsection 1 (1) of the Act is amended by adding “a designated benchmark administrator, a person or company that engages or participates in the provision of information for use by a benchmark administrator for the purpose of determining a designated benchmark” after “the general partner of a market participant”.

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

“mutual fund” means an issuer whose primary purpose is to invest money provided by its security holders and whose securities entitle the holder to receive, on demand or within a specified period after demand, an amount computed by reference to the value of a proportionate interest in the whole or in part of the net assets, including a separate fund or trust account, of the issuer; (“fonds mutuel”)

“non-redeemable investment fund” means an issuer,

(a) whose primary purpose is to invest money provided by its security holders,

(b) that does not invest,

(i) for the purpose of exercising or seeking to exercise control of an issuer, other than an issuer that is a mutual fund or a non-redeemable investment fund, or

(ii) for the purpose of being actively involved in the management of any issuer in which it invests, other than an issuer that is a mutual fund or a non-redeemable investment fund, and

(c) that is not a mutual fund; (“fonds d’investissement à capital fixe”)

2 The Act is amended by adding the following Part:

Part VII

Benchmarks

Designation of benchmarks and benchmark administrators

21.5 (1) A benchmark administrator, or the Director, may apply to the Commission to request the designation of a benchmark or a benchmark administrator.

Director’s application

(2) If the Director applies for a designation, the Commission shall give the affected benchmark administrator the opportunity to be heard before making a decision under subsection (3).

Commission’s powers

(3) After receiving the application, the Commission may, if it considers it in the public interest to do so, designate the benchmark as a designated benchmark or designate the benchmark administrator as a designated benchmark administrator of a designated benchmark, as appropriate.

Terms and conditions

(4) A designation under subsection (3) may be made subject to any terms and conditions the Commission considers advisable.

Cancellation or change

(5) The Commission may, if it considers it in the public interest to do so, cancel the designation of a designated benchmark or a designated benchmark administrator or impose or change the terms and conditions of the designation.

Opportunity to be heard

(6) The Commission shall not refuse to designate a benchmark or benchmark administrator, cancel the designation of a designated benchmark or designated benchmark administrator or impose or change the terms and conditions to which a designation is subject without giving the benchmark administrator an opportunity to be heard.

Category

(7) The Commission may, if it considers it in the public interest to do so, assign a designated benchmark to a prescribed category or categories of designated benchmarks.

Requiring information

21.6 (1) The Commission may, in response to an application by the Director, require a person or company to provide information to a designated benchmark administrator in relation to the designated benchmark if the Commission considers it in the public interest to do so.

Opportunity to be heard

(2) The Commission shall give the affected person or company and benchmark administrator the opportunity to be heard before making the order.

Terms and conditions

(3) An order under subsection (1) may be made subject to any terms and conditions the Commission considers advisable.

Cancellation or change

(4) The Commission may, if it considers it in the public interest to do so, cancel or change an order made under subsection (1) or impose or change the terms and conditions of the order.

Opportunity to be heard

(5) The Commission shall not cancel or change an order made under subsection (1) or impose or change the terms and conditions of the order without giving the person or company and the benchmark administrator an opportunity to be heard.

Duty to comply

Benchmark administrator

21.7 (1) A benchmark administrator shall comply with such requirements as may be prescribed by the regulations, including requirements,

(a) relating to benchmarks, benchmark administrators, benchmark contributors and benchmark users; and

(b) relating to the establishment, publication and enforcement of a code of conduct by a benchmark administrator.

Benchmark contributor

(2) A benchmark contributor shall comply with such requirements as may be prescribed by the regulations, including requirements relating to benchmarks, benchmark administrators, benchmark contributors and benchmark users.

General

(3) Benchmark administrators, benchmark contributors and their respective directors, officers and employees, and any of their service providers or security holders that are in a prescribed class, shall comply with,

(a) any code of conduct established by a benchmark administrator in accordance with the regulations;

(b) requirements established by the regulations relating to the prohibitions against and procedures regarding conflicts of interest involving a benchmark and benchmark administrators, benchmark contributors and their respective directors, officers and employees, and any of their service providers or security holders that are in a prescribed class; and

(c) requirements established by the regulations relating to the prohibition or restriction of any matter or conduct involving a benchmark.

Benchmark user

(4) A benchmark user shall comply with such requirements as may be prescribed by the regulations, including requirements,

(a) relating to benchmarks, benchmark administrators, benchmark contributors and benchmark users;

(b) prohibiting the use of a non-designated benchmark; and

(c) relating to disclosure and other requirements relating to the use of a benchmark.

3 The Act is amended by adding the following sections:

Benchmark — false or misleading information

59.3 (1) A person or company shall not, directly or indirectly, engage or participate in the provision of information to another person or company for the purpose of determining a benchmark if the person or company knows or reasonably ought to know that the information, at the time and in the circumstances in which it is provided, is false or misleading.

Attempt

(2) A person or company shall not, directly or indirectly, attempt to engage or participate in the conduct described in subsection (1).

Benchmark manipulation

59.4 (1) A person or company shall not, directly or indirectly, engage or participate in conduct relating to a benchmark that improperly influences the determination of the benchmark or produces or contributes to the production of a false or misleading determination of the benchmark.

Attempt

(2) A person or company shall not, directly or indirectly, attempt to engage or participate in the conduct described in subsection (1).

4 Subsection 65 (1) of the Act is amended by adding the following paragraphs:

34. Prescribing a category or categories of designated benchmarks for the purposes of subsection 21.5 (7).

35. Prescribing classes of service providers or security holders for the purposes of subsection 21.7 (3).

36. Prescribing requirements relating to,

i. the designation of a benchmark or benchmark administrator under section 21.5,

ii. the making of orders under section 21.6,

iii. the disclosure or furnishing of information to the Commission, the public or any person or company by a benchmark administrator, a benchmark contributor or a benchmark user, including requirements for disclosure statements by a benchmark administrator in relation to a benchmark,

iv. the quality, integrity and sufficiency of the data and the methodology used by a benchmark administrator to determine a benchmark, including requirements for a benchmark administrator to monitor benchmark contributors and data provided by benchmark contributors,

v. the establishment, publication and enforcement by a benchmark administrator of codes of conduct applicable to benchmark administrators or benchmark contributors and their respective directors, officers and employees, and any of their service providers or security holders that are in a class prescribed under paragraph 35, and the minimum requirements to be included in such a code of conduct,

vi. contractual arrangements related to a benchmark to be entered into by a benchmark administrator or a benchmark contributor and the minimum requirements to be included in the contractual arrangements,

vii. the use by a benchmark administrator and a benchmark contributor of service providers,

viii. prohibitions against and procedures regarding conflicts of interest involving a benchmark and benchmark administrators, benchmark contributors and their respective directors, officers and employees, and any of their service providers or security holders that are in a class prescribed under paragraph 35, including,

A. procedures to be followed to avoid conflicts of interest,

B. procedures to be followed if conflicts of interest arise,

C. requirements for separation of roles, functions and activities, and

D. restrictions on ownership of a benchmark or benchmark administrator,

ix. prohibitions against the use of a benchmark that is not a designated benchmark by a benchmark user,

x. disclosure and other requirements respecting the use of a benchmark by a benchmark administrator, benchmark contributor or benchmark user,

xi. requiring information in relation to a benchmark to be provided for use by the benchmark administrator,

xii. the maintenance of books and records necessary for the conduct of a benchmark administrator’s business and the establishment and maintenance of a benchmark,

xiii. the maintenance of books and records by a benchmark contributor relating to a benchmark,

xiv. the appointment by benchmark administrators and benchmark contributors of one or more compliance officers and any minimum standards that must be met or qualifications a compliance officer must have,

xv. the prohibition or restriction of any matter or conduct involving a benchmark by benchmark administrators, benchmark contributors and their respective directors, officers and employees, and any of their service providers or security holders that are in a class prescribed under paragraph 35,

xvi. the design, determination and dissemination of a benchmark,

xvii. plans of a benchmark user where a benchmark changes or ceases to be provided and how these plans will be reflected in the contractual arrangements of the benchmark user,

xviii. the governance, compliance, accountability, oversight, audit, internal controls, policies and procedures of a benchmark administrator or benchmark contributor in respect of a benchmark,

xix. the governance, compliance, accountability, oversight, audit, internal controls, policies and procedures of a benchmark administrator, benchmark contributor or benchmark user in respect of the use of a benchmark.

37. Regulating submissions of information for the purposes of determining a benchmark.

38. Requiring benchmark administrators or benchmark contributors to,

i. establish plans in the event that a benchmark changes or ceases to be provided or is subject to data failures or business continuity issues, and

ii. reflect the plans referred to in subparagraph i in the contractual arrangements of the benchmark administrator or benchmark contributor relating to the benchmark.

39. Governing or restricting the payment of fees or other compensation to a benchmark administrator or benchmark contributor.

Commencement

5 This Schedule comes into force on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

schedule 8

Construction Act

1 Section 1 of the Construction Act is amended by adding the following subsection:

Commencement of a procurement process

(4) For the purposes of this Act, a procurement process is commenced on the earliest of the making of,

(a) a request for qualifications;

(b) a request for quotation;

(c) a request for proposals; or

(d) a call for tenders.

2 The French version of subsection 6 (1) of the Act is amended by striking out “ne se conforment pas rigoureusement” and substituting “ne sont pas rigoureusement conformes”.

3 (1) Clause 13.3 (2) (a) of the Act is repealed and the following substituted:

(a) subject to the regulations, set fees, costs or other charges related to the administration of adjudication under this Part, including fees, costs or charges for the training and qualification of persons as adjudicators or for the appointment of adjudicators, and require their payment; and

(2) Section 13.3 of the Act is amended by adding the following subsections:

Setting fees

(3) In setting the fees, costs and charges referred to in clause (2) (a), the Authority may, subject to the regulations, specify their amounts or the method for determining the amounts.

Fee retention

(4) Money collected by the Authority under clause (2) (a),

(a) is revenue belonging to the Authority and not public money within the meaning of the Financial Administration Act; and

(b) may be retained and used by the Authority for its own account.

4 Section 13.6 of the Act is repealed and the following substituted:

Adjudication procedures

13.6 (1) An adjudication shall be conducted in accordance with the adjudication procedures set out in this Part, the regulations, and, subject to subsection (2), any additional adjudication procedures that may be set out in the contract or subcontract.

Same

(2) Adjudication procedures set out in a contract or subcontract apply only to the extent that they do not conflict with this Part and the regulations, and their application is subject to the exercise of the adjudicator’s powers under section 13.12.

5 Subsection 13.8 (3) of the Act is amended by adding the following paragraph:

2.1 The reference in clause 13.11 (b) to the other party shall be read as a reference to every other party.

6 Section 13.11 of the Act is repealed and the following substituted:

Documents to adjudicator, party

13.11 No later than five days after an adjudicator agrees or is appointed to conduct the adjudication, the party who gave the notice of adjudication shall,

(a) provide to the adjudicator a copy of the notice; and

(b) provide to the adjudicator and to the other party a copy of the contract or subcontract and any documents the party intends to rely on during the adjudication.

Response to notice

13.11.1 A party who receives a notice of adjudication may, in accordance with the regulations, respond in writing.

7 The English version of paragraph 5 of subsection 13.18 (5) of the Act is amended by,

(a) striking out “did not comply” and substituting “did not accord”; and

(b) striking out “failure to comply” and substituting “failure to accord”.

8 (1) Section 27.1 of the Act is repealed and the following substituted:

Non-payment of holdback

By owner

27.1 (1) An owner may refuse to pay some or all of the amount the owner is required to pay to a contractor under section 26 or 27, as the case may be, if,

(a) the owner publishes a notice in the prescribed form specifying the amount of the holdback that the owner refuses to pay, and the notice is published in the manner set out in the regulations no later than 40 days after the date on which,

(i) the applicable certification or declaration of substantial performance is published under section 32, or

(ii) if no certification or declaration of substantial performance is published, the date on which the contract is completed, abandoned or terminated; and

(b) the owner notifies, in accordance with the regulations, if any, the contractor of the publication of the notice.

By contractor

(2) A contractor may refuse to pay some or all of the amount the contractor is required to pay to a subcontractor under section 26 or 27, as the case may be, if,

(a) the owner refuses to pay some or all of the amount the owner is required to pay to the contractor under that section; and

(b) the contractor notifies, in accordance with the regulations, if any, every subcontractor to whom the contractor is required to pay the amount that the amount is not being paid.

By subcontractor

(3) A subcontractor may refuse to pay some or all of the amount the subcontractor is required to pay to another subcontractor under section 26 or 27, as the case may be, if,

(a) the contractor refuses to pay some or all of the amount the contractor is required to pay to the subcontractor under that section; and

(b) the subcontractor notifies, in accordance with the regulations, if any, every subcontractor to whom the subcontractor is required to pay the amount that the amount is not being paid.

Same

(4) Subsection (3) applies, with necessary modifications, with respect to a subcontractor who receives notice under that subsection.

(2) Clauses 27.1 (2) (a) and (b) of the Act, as re-enacted by subsection (1), are repealed and the following substituted:

(a) the owner refuses to pay some or all of the amount the owner is required to pay to the contractor under that section;

(b) the contractor refers the matter to adjudication under Part II.1; and

(c) the contractor notifies, in accordance with the regulations, if any, every subcontractor to whom the contractor is required to pay the amount that the amount is not being paid and that the matter is being referred to adjudication.

(3) Clauses 27.1 (3) (a) and (b) of the Act, as re-enacted by subsection (1), are repealed and the following substituted:

(a) the contractor refuses to pay some or all of the amount the contractor is required to pay to the subcontractor under that section;

(b) the subcontractor refers the matter to adjudication under Part II.1; and

(c) the subcontractor notifies, in accordance with the regulations, if any, every subcontractor to whom the subcontractor is required to pay the amount that the amount is not being paid and that the matter is being referred to adjudication.

9 Clauses 32 (2) (e) and (f) of the Act are repealed and the following substituted:

(e) if the lien attaches to the premises, a legal description of the premises, including all property identifier numbers and addresses for the premises; and

(f) if the lien does not attach to the premises, a concise description of the premises, including addresses, and the name and address of the person or body to whom a copy of the claim for lien must be given under section 34.

10 The French version of clause 36 (3) (a) of the Act is amended by striking out “de résilier” and substituting “d’annuler”.

11 (1) Subparagraph 1 i of subsection 39 (1) of the Act is repealed and the following substituted:

i. the names of the parties to the contract, the date on which the contract was entered into and the date on which any applicable procurement process was commenced,

(2) Subparagraph 2 i of subsection 39 (1) of the Act is repealed and the following substituted:

i. the names of the parties to a subcontract and the date on which the subcontract was entered into,

12 (1) The French version of subsection 44 (1) of the Act is amended by striking out “de résiliation” in the portion before clause (a) and substituting “d’annulation”.

(2) The French version of subsections 44 (2) and (3) of the Act are amended by striking out “de résiliation” wherever it appears and substituting in each case “d’annulation”.

(3) The French version of subsection 44 (3.1) of the Act is amended by striking out “résilie” and substituting “annule”.

(4) The French version of subsection 44 (4) of the Act is amended by striking out “la résiliation” and substituting “l’annulation”.

(5) The French version of subsection 44 (8) of the Act is amended by striking out “de résiliation” and substituting “d’annulation”.

13 The French version of subsection 45 (1) of the Act is amended by striking out “la résiliation” in the portion before clause (a) and substituting “l’annulation”.

14 The French version of subsection 46 (1) of the Act is amended by striking out “résiliant” and substituting “annulant”.

15 (1) The French version of paragraph 1 of subsection 47 (1.1) of the Act is amended by striking out “de résiliation” and substituting “d’annulation”.

(2) The French version of subsection 47 (2) of the Act is amended by striking out “résilié” and substituting “annulé”.

16 The French version of section 49 of the Act is amended by striking out “la résiliation” and substituting “l’annulation”.

17 (1) The French version of subsection 58 (4.1) of the Act is amended by striking out “à qui un renvoi a été ordonné” at the end and substituting “qui est saisie d’un renvoi”.

(2) The French version of subsection 58 (4.2) of the Act is amended by striking out “juge et chef de la Cour des petites créances” and substituting “juge et chef de l’administration de la Cour des petites créances”.

18 The English version of subsection 74 (2) of the Act is amended by,

(a) striking out “releases” and substituting “discharges”; and

(b) striking out “released” at the end and substituting “discharged”.

19 (1) Section 87.3 of the Act is repealed and the following substituted:

Transition

Continued application of Construction Lien Act and regulations

87.3 (1) This Act and the regulations, as they read on June 29, 2018, continue to apply with respect to an improvement if,

(a) a contract for the improvement was entered into before July 1, 2018;

(b) a procurement process for the improvement was commenced before July 1, 2018 by the owner of the premises; or

(c) in the case of a premises that is subject to a leasehold interest that was first entered into before July 1, 2018, a contract for the improvement was entered into or a procurement process for the improvement was commenced on or after July 1, 2018 and before the day subsection 19 (1) of Schedule 8 to the Restoring Trust, Transparency and Accountability Act, 2018 came into force.

Same

(2) For greater certainty, clauses (1) (a) and (c) apply regardless of when any subcontract under the contract was entered into.

(2) Section 87.3 of the Act, as re-enacted by subsection (1), is amended by adding the following subsection:

Exception, municipal interest in premises

(3) Despite subsection (1), the amendments made to this Act by subsections 13 (4), 14 (4) and 29 (2) and (4) of the Construction Lien Amendment Act, 2017 apply with respect to an improvement to a premises in which a municipality has an interest, even if a contract for the improvement was entered into or a procurement process for the improvement was commenced before July 1, 2018.

(3) Section 87.3 of the Act, as re-enacted by subsection (1), is amended by adding the following subsection:

Non-application of Parts I.1 and II.1

(4) Parts I.1 and II.1 do not apply with respect to the following contracts and subcontracts:

1. A contract entered into before the day subsection 11 (1) of the Construction Lien Amendment Act, 2017 came into force.

2. A contract entered into on or after the day subsection 11 (1) of the Construction Lien Amendment Act, 2017 came into force, if a procurement process for the improvement that is the subject of the contract was commenced before that day by the owner of the premises.

3. A subcontract made under a contract referred to in paragraph 1 or 2.

20 (1) Clause 88 (1) (e) of the Act is repealed and the following substituted:

(e) governing the setting of fees, costs and charges by the Authorized Nominating Authority under clause 13.3 (2) (a);

(2) Clause 88 (1) (h) of the Act is amended by striking out “for the purposes of subsection 13.6 (2)” at the end.

(3) Subsection 88 (1) of the Act is amended by adding the following clauses:

(i.1) governing the determination of fees by the Authorized Nominating Authority under clause 13.10 (2) (b);

(i.2) governing responses for the purposes of section 13.11.1, including specifying the time and manner in which responses must be provided and setting out information they must contain or any other requirements they must meet;

Revised Statutes Confirmation and Corrections Act, 1993

21 Sections 3 to 10 of the Revised Statutes Confirmation and Corrections Act, 1993 are repealed.

Commencement

22 (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

(2) Sections 3 to 7, subsections 8 (2) and (3) and 19 (3) and section 20 come into force on the later of the day subsection 11 (1) of the Construction Lien Amendment Act, 2017 comes into force and the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

(3) Subsection 19 (2) comes into force on the later of the day subsection 13 (4) of the Construction Lien Amendment Act, 2017 comes into force and the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

SCHEDULE 9

Co-operative Corporations Act

1 The Co-operative Corporations Act is amended by adding the following section:

Designation by Lieutenant Governor in Council

1.2 The Lieutenant Governor in Council may designate a person to exercise any powers or perform any duties of the Minister under this Act, subject to any restrictions set out in the designation.

2 Subsection 37 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Inspection of statement

(1) A copy of a statement for which a receipt has been issued under section 36 shall be open to inspection,

. . . . .

3 The English version of subsection 148 (2) of the Act is amended by striking out “Superintendent’s” and substituting “Minister’s”.

4 Clause 149 (b) of the Act is amended by striking out “recommend to the Minister that the Minister”.

5 The English version of subsection 174 (1) of the Act is amended by striking out “or the Superintendent respectively”.

6 Section 178 of the Act is amended by striking out “the Superintendent” wherever it appears.

7 (1) Subsection 179 (1) of the Act is repealed and the following substituted:

Proof by affidavit

(1) The Minister may require that any fact relevant to the performance of the duties of the Minister under this Act or the regulations be verified by affidavit or otherwise.

(2) Subsection 179 (2) of the Act is amended by striking out “or the Superintendent”.

8 Subsection 181 (1) of the Act is repealed and the following substituted:

Searches

(1) Upon payment of the fee established by the Minister, any person is entitled to examine any document filed or issued under this Act or any predecessor thereof, and to make extracts from the document.

9 The Act is amended by adding the following section:

Transition, continuing proceedings and activities

185.1 Proceedings and other activities that, on the day section 12 of Schedule 9 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force, are commenced or conducted by the Superintendent, or to which the Superintendent is a party, and that are ongoing are deemed to be proceedings and other activities commenced or conducted by the Minister, or to which the Minister is a party, and shall be continued as such.

10 Section 186 of the Act is amended by adding the following subsection:

Regulations re transfer of Superintendent powers, duties and functions

(2) The Lieutenant Governor in Council may make regulations governing transitional matters that may arise due to the transfer of powers conferred on, duties assigned to and functions of the Superintendent under this Act to the Minister.

11 Section 187 of the Act is repealed and the following substituted:

Forms

187 (1) The Minister may require that forms approved by the Minister be used for any purpose under this Act.

Fees

(2) The Minister may, by order, establish and charge fees, and provide for the waiver or refund of all or any part of any of those fees,

(a) for anything that the Minister is required or authorized to do under this Act; and

(b) for search reports, copies of documents or information, filing of documents or other services under this Act.

Non-application of Legislation Act, 2006

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made by the Minister under subsection (2).

12 The Act is amended by striking out “Minister or the Superintendent” wherever it appears and substituting in each case “Minister”.

13 The Act is amended by striking out “Superintendent” wherever it appears and substituting in each case “Minister”, except in the following provisions:

1. The definition of “Superintendent” in subsection 1 (1).

2. Subsection 186 (2).

Building Ontario Up Act (Budget Measures), 2015

14 Section 2 of Schedule 7 to the Building Ontario Up Act (Budget Measures), 2015 is repealed.

Commencement

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

(2) Sections 11 and 14 come into force on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

Schedule 10

Courts of Justice Act

1 The Courts of Justice Act is amended by adding the following section:

Family law mediation and information services

149 (1) In this section,

“agreement” includes a contract or other instrument; (“accord”)

“service provider” means a person or entity that has entered into an agreement with the Crown in right of Ontario under subsection (2). (“fournisseur de services”)

Agreements with service providers

(2) The Attorney General may, on behalf of the Crown in right of Ontario, enter into agreements with one or more persons or entities for the provision of mediation and information services in relation to family law matters, as specified in the agreements.

Fees

(3) Fees for the provision of the mediation services may be collected by or on behalf of a service provider to the extent permitted and in accordance with the agreement entered into by the service provider under subsection (2).

Same

(4) Fees collected by or on behalf of a service provider in accordance with subsection (3) are not public money within the meaning of the Financial Administration Act, but the fees must be used by the service provider only for or in relation to the provision of the mediation and information services, as specified in the agreement, or for any other purpose specified in the agreement.

Same, publication

(5) The Ministry of the Attorney General shall publish the fees payable under subsection (3) on a Government of Ontario website.

Commencement

2 This Schedule comes into force on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent.

SCHEDULE 11

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994

1 The definitions of “Corporation” and “deposit insurer” in section 1 of the Credit Unions and Caisses Populaires Act, 1994 are repealed.

2 The heading to Part XIV of the Act is amended by striking out “Deposit Insurance Corporation of Ontario” and substituting “Intervention, Supervision and Deposit Insurance”.

3 Sections 249 to 257, 260 and 261 of the Act are repealed.

4 (1) Subsection 262 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Powers of Authority

(1) The Authority may, in furtherance of its objects in respect of credit unions, as set out in section 3 of the Financial Services Regulatory Authority of Ontario Act, 2016,

. . . . .

(2) Clauses 262 (1) (f) and (l) of the Act are repealed.

(3) Subsections 262 (5) and (6) of the Act are repealed.

5 Section 263 of the Act is repealed.

6 The heading before section 264 of the Act is repealed.

7 Clauses 264 (1) (a) to (f), (k) and (l) of the Act are repealed.

8 Sections 268 and 269 of the Act are repealed.

9 Subsection 270 (1) of the Act is repealed and the following substituted:

Insurance of deposits with credit unions

(1) Subject to subsection (2), the deposits with every credit union that, under the regulations, are insurable deposits, are insured by the Authority in accordance with this Act and the by-laws of the Authority, except if the deposit insurance of the credit union is cancelled under section 274.

10 Subsection 270.1 (1) of the Act is amended by adding “from the Deposit Insurance Reserve Fund” after “payment” in the portion before clause (a).

11 Subsection 274 (5) of the Act is repealed and the following substituted:

Notice to league

(5) The Authority shall give the league for the credit union written notice of the cancellation of deposit insurance.

12 (1) Subsection 276 (2) of the Act is amended by adding “only” before “for” in the portion before paragraph 1 and by striking out “continuance or” in paragraph 2.

(2) Paragraph 4 of subsection 276 (2) of the Act is repealed and the following substituted:

4. Payments made under clause 262 (1) (b).

5. Assets acquired or liabilities assumed under clause 262 (1) (c).

(3) Section 276 of the Act is amended by adding the following subsections:

Liability of Authority limited

(4) The total liability of the Authority to insure deposits at any particular time is limited to the assets of the Deposit Insurance Reserve Fund at that time.

Not public money

(5) The assets of the Deposit Insurance Reserve Fund are not public money within the meaning of the Financial Administration Act and do not form part of the Consolidated Revenue Fund.

Immunity of Crown

(6) The Crown is not liable for any liability or obligation in respect of the Deposit Insurance Reserve Fund.

13 Paragraph 1 of subsection 316.1 (5) of the Act is amended by striking out “deposit insurer” and substituting “Authority”.

14 Subsection 332 (5) of the Act is amended by striking out “deposit insurer” and substituting “Authority”.

15 The Act is amended by striking out “Corporation” wherever it appears and substituting in each case “Authority”.

16 The English version of the Act is amended by striking out “Corporation’s” wherever it appears and substituting in each case “Authority’s”.

Cutting Unnecessary Red Tape Act, 2017

17 Section 78 of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017 is repealed.

Commencement

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

schedule 12

ELEction Act

1 Section 1 of the Election Act is amended by adding the following definition:

“recognized party” has the same meaning as in subsection 62 (5) of the Legislative Assembly Act; (“parti reconnu”)

2 Section 4 of the Act is repealed and the following substituted:

Chief Electoral Officer

3.1 (1) There shall be a Chief Electoral Officer who is an officer of the Assembly.

Appointment

(2) The Assembly shall, by order, appoint the Chief Electoral Officer.

Selection by panel

(3) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (2) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member.

Transition

(4) The Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent is deemed to be the Chief Electoral Officer for the purposes of this section and shall continue to hold office.

Powers and duties of C.E.O.

3.2 (1) The Chief Electoral Officer is responsible for the administration of this Act.

Same

(2) The Chief Electoral Officer shall consult with, advise and supervise the returning officers and election clerks in the performance of their duties, and may visit in person and consult with the deputy returning officer and poll clerk at any polling location.

Removal or suspension

3.3 (1) The Assembly may, by order,

(a) remove the Chief Electoral Officer from office for cause; or

(b) suspend the Chief Electoral Officer where the Assembly is of the opinion the suspension is warranted.

Suspension if Assembly not in session

(2) If the Assembly is not in session, the Board may suspend the Chief Electoral Officer where the Board is of the opinion the suspension is warranted.

Duration of suspension

(3) A suspension under clause (1) (b) continues until revoked by order of the Assembly or until the Chief Electoral Officer is removed from office pursuant to clause (1) (a).

Same

(4) Unless the Board revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Chief Electoral Officer is removed from office pursuant to clause (1) (a).

Same

(5) Despite subsection (4), no suspension imposed under subsection (2) continues past the 20th sessional day of the next sitting of the Assembly.

Report to Assembly

(6) The Board shall report to the Assembly any action taken under subsections (2) and (4) at the earliest opportunity of the next sitting of the Assembly.

Meaning of “not in session”

(7) For the purposes of this section and sections 3.6 and 3.10, the Assembly is not in session when it is,

(a) prorogued; or

(b) adjourned for an indefinite period or to a day that is more than seven days after the date on which the Assembly was adjourned.

Salary and benefits

3.4 (1) The Board shall determine the salary and benefits of the Chief Electoral Officer.

Pension plan

(2) Subject to subsections (3) and (4), the Chief Electoral Officer is a member of the Public Service Pension Plan.

Notice re pension plan

(3) Within 60 days after his or her appointment takes effect, the Chief Electoral Officer may notify the Speaker in writing that he or she elects not to be a member of the Public Service Pension Plan.

Same

(4) If the Chief Electoral Officer gives notice of their election to the Speaker in accordance with subsection (3), the election is irrevocable and is deemed to have taken effect when the appointment took effect.

Expenses

(5) Subject to the approval of the Board, the Chief Electoral Officer is entitled to be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act.

Transition

(6) The salary and benefits of the Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent continue to be determined in accordance with subsection 4 (2), clause 116 (1) (a) and subsection 116 (1.1) of this Act, as they read immediately before that day.

Designation by Chief Electoral Officer

3.5 (1) The Chief Electoral Officer shall designate an individual from among the employees of Elections Ontario who shall have the powers and duties of the Chief Electoral Officer if the Chief Electoral Officer is absent or unable to fulfil the duties of his or her office or if the office becomes vacant.

Designation in writing

(2) A designation under subsection (1) shall be in writing to the Speaker.

Powers and duties

(3) The individual designated under subsection (1) shall have the powers and duties of the Chief Electoral Officer unless a temporary Chief Electoral Officer is appointed under section 3.6.

Salary

(4) The Board may increase the salary of an individual who assumes the duties and powers of the Chief Electoral Officer under subsection (1) in such circumstances as the Board considers appropriate.

Transition

(5) Despite subsection (1) and section 3.6, the Deputy Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent continues to hold office as an officer of the Assembly and shall have the powers and duties of the Chief Electoral Officer if the Chief Electoral Officer is absent or unable to fulfil the duties of his or her office or if the office becomes vacant.

Same

(6) Clauses 114 (1) (b) and 116 (1) (b) and subsections 116 (1.2), (3) and (4) of the Act, as they read immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent, continue to apply to the Deputy Chief Electoral Officer continued in office under subsection (5).

Temporary Chief Electoral Officer

3.6 (1) If the Chief Electoral Officer is unable to fulfil the duties of his or her office or the office becomes vacant, the Assembly may, by order, appoint a temporary Chief Electoral Officer.

Selection by panel

(2) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (1) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member.

Appointment if Assembly not in session

(3) If, while the Assembly is not in session, the Chief Electoral Officer is unable to fulfil the duties of his or her office or the office becomes vacant, the Board may appoint a temporary Chief Electoral Officer.

Powers, salary and benefits

(4) A temporary Chief Electoral Officer shall have the powers and duties of the Chief Electoral Officer and shall be paid a salary and benefits determined by the Board and, subject to the approval of the Board, be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act.

Duration of office

(5) A temporary Chief Electoral Officer shall hold office until,

(a) the Chief Electoral Officer is able to fulfil the duties of the office, where the appointment resulted from the Chief Electoral Officer being unable to do so;

(b) where the appointment resulted from a suspension of the Chief Electoral Officer, the suspension is revoked by order of the Assembly, by the Board under subsection 3.3 (4) or by operation of subsection 3.3 (5);

(c) the Assembly appoints a different temporary Chief Electoral Officer under subsection (1); or

(d) the Assembly appoints a Chief Electoral Officer under section 3.1.

In cases of emergency, etc.

3.7 Where in the opinion of the Chief Electoral Officer, by reason of any mistake, miscalculation, emergency or unusual or unforeseen circumstance, a situation exists for which no provision is made under this Act, the Chief Electoral Officer may make such appointments or give such directions as he or she considers proper and anything done in compliance with any such direction is not open to question, but the Chief Electoral Officer shall immediately give notice of any such direction to the candidates affected and to the registered parties, if any, of the candidates.

Delegation

3.8 The Chief Electoral Officer may delegate in writing to any officer on his or her staff authority to exercise any power and perform any duty, other than those mentioned in section 3.7, assigned to the Chief Electoral Officer by this Act.

Subsequent appointment not prohibited

3.9 A person appointed as a temporary Chief Electoral Officer and the Deputy Chief Electoral Officer referred to in subsection 3.5 (5) are not prohibited from a subsequent appointment as Chief Electoral Officer under section 3.1.

Restrictions re other work, etc.

3.10 (1) The Chief Electoral Officer shall not be a member of the Assembly and shall not, without prior approval by the Assembly, or by the Board when the Assembly is not in session, hold any other office or employment.

Exception

(2) Despite subsection (1), the Chief Electoral Officer may hold more than one office to which he or she has been appointed by the Assembly or the Board.

Oath of office

3.11 (1) Before beginning the duties of his or her office, the Chief Electoral Officer shall take an oath or affirmation that he or she will faithfully and impartially exercise the functions of the office.

Same

(2) The Speaker or the Clerk of the Assembly shall administer the oath or affirmation.

Nature of office

3.12 The Chief Electoral Officer is not a public servant within the meaning of the Public Service of Ontario Act, 2006, an employee of the Assembly or an employee of the Office of the Chief Electoral Officer.

Forms

3.13 (1) The Chief Electoral Officer shall prescribe the forms for use under this Act.

Administrative in nature

(2) The prescribing of forms under subsection (1) or the exercise of any power or the performance of any duty by the Chief Electoral Officer that he or she is authorized or required to exercise or perform under this Act is deemed to be an act or acts of an administrative nature.

Protection from liability

4 (1) No cause of action arises as a direct or indirect result of any amendment made by Schedule 12 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments, including, without limiting the generality of the foregoing,

(a) not being appointed or reappointed, or considered for appointment or reappointment, as the Chief Electoral Officer;

(b) removal 