EXPLANATORY NOTE

SCHEDULE 1

AGGREGATE RESOURCES ACT

The Schedule amends section 62.1 of the Aggregate Resources Act which currently requires licensees and permittees under the Act to give notice of any change in their name and address to the Minister and the Aggregate Resources Trust. The amendment requires the licensees and permittees to give notice of any change in their name, address and other prescribed contact information to a prescribed person.

SCHEDULE 2

ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996

Currently, subsections 27 (1.1), (2) and (2.1) of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 provide for an increase, effective April 1, 2019, in the basic tax payable on purchases of wine and wine coolers. The Act is amended so that the increase does not take effect until January 1, 2020. Transition rules are also provided with respect to any payments at the increased rate.

SCHEDULE 3

ARCHIVES AND RECORDKEEPING ACT, 2006

The Schedule makes various amendments to the Archives and Recordkeeping Act, 2006, including the following:

1. The purpose of the Act and the objects of the Archives of Ontario are amended to include reference to “effective government administration”.

2. The definition of “record” is amended to include a reference to “data”.

3. Section 11 of the Act is amended to provide the Archivist with the authority to prepare records retention schedules for use by a public body.

4. Currently, subsection 25 (1) of the Act requires the Archivist, at the request of the Management Board of Cabinet, to establish standards and guidelines for public bodies to facilitate the preservation of records of archival value. The subsection is amended such that the standards and guidelines may relate more broadly to recordkeeping practices.

Schedule 4

Bees Act

The Schedule amends the Bees Act to expand the method of delivering inspectors’ orders made under sections 5, 6 and 19 of the Act and notices of a Director’s decision on appeal from such orders under section 7 of the Act. Currently, the Act provides that inspectors’ orders may only be delivered by prepaid mail or in person by the inspector and that the notices of a Director’s decision may only be delivered by prepaid mail. The Schedule eliminates the references to prepaid mail and replaces them with references to registered mail and courier. The Schedule also provides for the delivery of inspectors’ orders and of notices of a Director’s decision by email. The Schedule sets out rules relating to the deemed receipt of these orders and notices.

SCHEDULE 5

BROADER PUBLIC SECTOR EXECUTIVE COMPENSATION ACT, 2014

The Schedule amends the Broader Public Sector Executive Compensation Act, 2014. Currently, section 6 of the Act allows the Lieutenant Governor in Council to make regulations establishing compensation frameworks for designated employers and designated executives. The section is amended to authorize the Management Board of Cabinet to govern a designated employer’s use of performance assessment indicators to determine a designated executive’s compensation. The section is also amended to allow the Minister to limit certain pay increases that may be made by a designated employer.

The Act is amended to provide that the Minister must approve the compensation plan for designated executives before they can be hired by a newly created designated employer, unless the Minister generally exempts the designated employer from this requirement.

Provisions providing for transition are included, as well as consequential amendments.

SCHEDULE 6

BUSINESS CORPORATIONS ACT

The Schedule amends the Business Corporations Act to require that the register of directors of a business corporation also set out the e-mail address of each director if one is provided.

Schedule 7

CANNABIS TAXATION COORDINATION ACT, 2019

The Schedule enacts the Cannabis Taxation Coordination Act, 2019. The Act provides for the ratification of the Coordinated Cannabis Taxation Agreement entered into by the Minister of Finance on behalf of Ontario and the Minister of Finance for Canada on behalf of the Government of Canada. The Minister of Finance is authorized to make payments from the Consolidated Revenue Fund in accordance with the Coordinated Cannabis Taxation Agreement from amounts appropriated by the Legislature for those purposes.

SCHEDULE 8

COLLECTION AND DEBT SETTLEMENT SERVICES ACT

The Schedule amends the Collection and Debt Settlement Services Act to provide an additional manner for giving or serving documents required to be given or served under the Act, namely sending the document if the sender can prove receipt of it.

SCHEDULE 9

Combative Sports Act, 2019

The Schedule repeals the Athletics Control Act and enacts the Combative Sports Act, 2019. Here are some highlights of the new Act:

The Act provides for the appointment of a Commissioner who has the powers and duties set out in the Act and as may be prescribed.

The Act establishes the Ontario Combative Sport Advisory Council. The Council’s role is to advise the Minister in regards to regulations made by the Minister and to perform any other prescribed duties.

The Act prohibits persons from engaging in certain activities relating to a professional combative sport contest or exhibition, such as promoting a contest or exhibition or participating as a contestant, unless the person holds a valid licence authorizing the activity. The Act also prohibits the promotion, conducting or holding of an amateur combative sport contest or exhibition or a professional combative sport contest or exhibition unless the person holds a valid event permit authorizing the contest or exhibition.

The Commissioner is empowered to issue or refuse to issue a licence or event permit, to impose or amend conditions of a licence or event permit and to suspend or cancel a licence or event permit. If the Commissioner intends to refuse, suspend, cancel or amend the terms and conditions of a licence or event permit, the applicant, licensee or event permit holder is entitled to request a hearing before the Licence Appeal Tribunal. If it is in the public interest or in the interest of health and safety to act immediately, the Commissioner may suspend or cancel a licence or event permit before a hearing can be held before the Tribunal.

The Commissioner is empowered to require an applicant for an event permit for a professional combative sport contest or exhibition to post security to ensure compliance with the Act, regulations and terms and conditions of the event permit. The holder of an event permit for a professional combative sport contest or exhibition is also required to pay the Minister an event administration fee, as required by the regulations.

The Minister may appoint inspectors who are empowered to conduct inspections for the purpose of enforcing the Act and the regulations. The Commissioner is, by virtue of his or her office, an inspector. The Act sets out rules for inspections with or without a warrant.

The Commissioner and inspectors are authorized to issue compliance orders. The Commissioner may impose administrative penalties for contraventions of the Act or the regulations. If the Commissioner proposes to impose an administrative penalty, the affected party may request a review before a designated senior employee. The administrative penalty may not exceed $10,000, except as otherwise prescribed.

The maximum penalty for an offence committed by an individual is a fine of $10,000 or imprisonment for up to two years, or both. The maximum penalty for a person that is not an individual is a $100,000 fine.

The conduct of amateur combative sport contests and exhibitions and professional combative sport contests and exhibitions, including rules relating to such contests and exhibitions, may be provided for in regulations made by the Minister. Provision is made for the regulations to address circumstances where the Minister has not prescribed rules for a particular combative sport or where the Minister is permitted to approve another set of rules for use at a contest or exhibition. Provision is also made for regulations to be made by the Lieutenant Governor in Council.

The Schedule also makes a complementary amendment to the Licence Appeal Tribunal Act, 1999.

SCHEDULE 10

COMMODITY FUTURES ACT

The Schedule amends the Commodity Futures Act.

A new principle relating to the facilitation of innovation in Ontario’s commodity futures markets is added to subsection 1.1 (2) of the Act.

Currently, when the Ontario Securities Commission proposes to make a rule, it is required under section 67 of the Act to post a notice that includes a description of the anticipated costs and benefits of the proposed rule. This requirement is amended to provide that the notice must contain a qualitative and quantitative analysis of the anticipated costs and benefits of the proposed rule.

Schedule 11

Compensation for Victims of Crime Act

The Schedule provides for the repeal of the Compensation for Victims of Crime Act, along with related complementary amendments to other statutes that refer to that Act. In advance of its repeal, the Act is amended in three ways:

1. Section 4.1 is added to the Act, and provides for a cut-off date for applications and other steps that may be taken under the Act, prior to the Act’s repeal. Section 4.1 comes into force on proclamation of the Lieutenant Governor.

2. Section 19 of the Act is amended to raise the maximum amount that the Criminal Injuries Compensation Board may award in respect of a victim in the case of lump sum payments from $25,000 to $30,000, and to add a new maximum threshold of $5,000 for amounts awarded in respect of pain and suffering. These amendments come into force on Royal Assent, and apply to existing applications as well as new ones.

3. Section 28 of the Act is re-enacted to authorize the Minister to make regulations dealing with any transitional matters arising from the enactment of the Schedule and to provide for the Board’s dissolution.

SCHEDULE 12

COMPULSORY AUTOMOBILE INSURANCE ACT

Amendments relating to service on the Facility Association are made to the Compulsory Automobile Insurance Act.

SCHEDULE 13

CONDOMINIUM ACT, 1998

The Condominium Act, 1998 is amended to change a reference to the Deposit Insurance Corporation of Ontario to refer instead to the Financial Services Regulatory Authority of Ontario.

SCHEDULE 14

CONSUMER REPORTING ACT

The Schedule amends the Consumer Reporting Act to provide an additional manner for giving or serving documents required to be given or served under the Act, namely sending the document if the sender can prove receipt of it.

Schedule 15

Courts of Justice Act

The Schedule re-enacts subsection 51 (7) of the Courts of Justice Act to provide that the Ontario Judicial Council must, between 15 and 30 days after submitting its annual report to the Attorney General, publish the report in English and French on its website.

The Schedule also amends the Act to provide that the issues of fact and the assessment of damages in actions proceeding under Rule 76 of the Rules of Civil Procedure shall be tried without a jury.

SCHEDULE 16

CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994

The Credit Unions and Caisses Populaires Act, 1994 is amended to remove certain references to the Deposit Insurance Corporation of Ontario and to change other references to the Deposit Insurance Corporation of Ontario to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016 or to the Financial Services Regulatory Authority of Ontario continued under that Act. Various provisions that relate to the Deposit Insurance Corporation of Ontario are also repealed.

The Act is also amended to provide the Financial Services Regulatory Authority of Ontario with rule-making authority over certain matters. The Lieutenant Governor in Council is given regulation-making authority over all matters in respect of which the Authority may make rules. Transitional matters are provided for, and consequential and complementary amendments are also made.

Schedule 17

Crown Liability and Proceedings Act, 2019

The Schedule repeals the Proceedings Against the Crown Act and replaces it with the Crown Liability and Proceedings Act, 2019. The new Act addresses Crown liability, including the limits on it, and sets out the procedural rules that apply in proceedings against the Crown and, in some cases, proceedings to which the Crown is a party.

Sections 1 to 7 deal with issues of interpretation and application. The Act binds the Crown, but expressly does not affect the extent to which the Crown is bound by any other statute (section 2). Statutes to which the Act does not apply are set out in section 6. In the event of a conflict between the Act and any other statute, the Act prevails, except that in the case of a conflict respecting limits on the Crown’s liability, the statute providing the greater protection against such liability prevails (section 7).

Sections 8 to 11 set out the rules of, and limits on, Crown liability. Section 8 provides for the Crown to be subject to liability in tort as if it were a person in specified circumstances, including in the case of a tort committed by an officer, employee or agent of the Crown. However, subsection 8 (3) states that if a statute negates or limits the liability of an officer, employee or agent of the Crown in respect of a tort, that negation or limitation extends to the Crown, and that a proceeding that may not be brought against an officer, employee or agent of the Crown respecting an act or omission may not be brought against the Crown. Section 9 specifies limits on Crown liability, including providing that the Crown is not liable for torts committed by Crown agencies (as defined in section 1), Crown corporations (as defined in section 1), transfer payment recipients (as defined in section 1) and independent contractors.

Section 11 extinguishes causes of action against the Crown or an officer, employee or agent of the Crown respecting negligence or a failure to take reasonable care in relation to acts of a legislative nature, negligence or a failure to take reasonable care in relation to the making (or purported failure to make) a regulatory decision in specified circumstances, or negligence or a failure to take reasonable care in relation to the making (or purported failure to make) decisions respecting policy matters. No proceedings respecting such matters may be brought, and any existing proceedings are deemed to be dismissed without costs. The circumstances in which section 11 applies may be augmented on an ongoing basis by regulations made under section 30; such regulations may be retroactive and may be made to apply to proceedings in existence when the regulations come into force.

Sections 12 to 27 address various procedural matters, some of which apply in the case of proceedings against the Crown (or an officer or employee of the Crown), and some of which apply in any proceedings to which the Crown is a party. Except as provided by the Act and the regulations made under it, the rules of court apply to proceedings to which the Crown is a party (section 13). Under section 16, proceeding against the Crown by way of petition of right is abolished. Section 17 requires court leave to bring a proceeding against the Crown or an officer or employee of the Crown in respect of a tort of misfeasance in public office or based on bad faith exercise or performance, or intended exercise of performance, of powers, duties or functions. Section 18 sets out notice requirements for proceedings against the Crown that include a claim for damages. Section 19 addresses discovery in proceedings to which the Crown is a party. Proceedings against the Crown or an officer or employee of the Crown shall be tried without a jury (section 20). Sections 22 to 25 set out restrictions on the types of orders that may be made in proceedings involving the Crown. Section 27 addresses certain enforcement issues.

Sections 28 to 31 deal with various general matters, and include a regulation-making authority in section 30. Section 28 provides for certain amounts owed by the Crown in relation to proceedings, but also in relation to tribunal orders and arbitration awards, to be paid out of the Consolidated Revenue Fund. Section 31 deals with transitional matters.

Sections 32 to 167 repeal the Proceedings Against the Crown Act, revoke the regulation made under it, and consequentially amend the many statutes (and some bills) that refer to the Proceedings Against the Crown Act. In most of the cases, the consequential amendment involves maintaining the override of the limit on Crown liability contained in subsections 5 (2) and (4) of the Proceedings Against the Crown Act and that is set out in subsection 8 (3) of the new Act.

SCHEDULE 18

DISCRIMINATORY BUSINESS PRACTICES ACT

The Schedule amends the Discriminatory Business Practices Act to provide an additional manner for giving or serving documents required to be given or served under the Act, namely sending the document if the sender can prove receipt of it.

Schedule 19

Drainage Act

The Schedule amends the Drainage Act with respect to the methods of delivering copies of the Tribunal’s decisions under section 98 of that Act. Currently, copies of the decisions may only be delivered by registered mail. The Schedule expands subsection 98 (9) to allow for delivery by courier and by electronic means.

Schedule 20

eDUCATION aCT

The Schedule re-enacts subsection 188 (5) of the Education Act to give the Lieutenant Governor in Council the regulation-making authority to provide for representation on boards of the interests of bands in respect of which there are pupils admitted to the board under subsection 188 (1) or enrolled at a school pursuant to an agreement under section 188.

The Schedule also re-enacts section 231 of the Act to prohibit a board from having an in-year deficit for a fiscal year unless a deficit is authorized by a regulation or approved by the Minister. Related amendments are also made.

SCHEDULE 21

ESTATE ADMINISTRATION TAX ACT, 1998

The Schedule amends the Estate Administration Tax Act, 1998 such that, for an estate in respect of which the application for an estate certificate is made on or after January 1, 2020, the following rules apply:

1. An estate whose value is $50,000 or less is exempt from tax under the Act.

2. The amount of tax payable by an estate whose value exceeds $50,000 is $15 for each $1,000 or part thereof by which its value exceeds $50,000.

The Act is also amended to provide for the refund of overpayments of tax paid under the Act in specified circumstances.

Schedule 22

Farm Products Payments Act

The Schedule amends the Farm Products Payments Act.

Subsection 4 (1) of the Act is amended to allow a board established under the Act to carry out functions and exercise powers that are prescribed by regulation in addition to those already specified in the Act.

Section 5 of the Act is amended to clarify the types of expenses that may be paid out of a fund administered by a board established under the Act.

Section 8 of the Act sets out the regulation-making power under the Act. The Schedule transfers those powers from the Lieutenant-governor in Council to the Minister of Agriculture, Food and Rural Affairs.

Finally, new sections 9 to 20 are added to the Act to give the Minister the power to make regulations designating a corporation as a Farm Products Payments Administrator and delegating to the administrator responsibility for the administration of specified provisions of the Act or of regulations made under section 8, or both. The provisions require that the Minister enter into an administrative agreement with a prospective designate. Several provisions relate to the governance, duties, liability and accountability of a Farm Products Payments Administrator.

SCHEDULE 23

FEDERAL CARBON TAX TRANSPARENCY ACT, 2019

The Federal Carbon Tax Transparency Act, 2019 is enacted. The Act imposes requirements on the person who is licensed under the Technical Standards and Safety Act, 2000 to operate a retail outlet at which gasoline is sold at a gasoline pump and put into the fuel tanks of motor vehicles. The person shall obtain from the Minister of Energy, Northern Development and Mines, or such other member of the Executive Council to whom responsibility for the administration of the Act may be assigned or transferred under the Executive Council Act, copies of the prescribed notice with respect to the price of gasoline sold in Ontario, and ensure the notice is affixed to each gasoline pump at the retail outlet.

The Act provides that the notice shall set out information with respect to the effect of the charge referred to in subsection 17 (1) of the Greenhouse Gas Pollution Pricing Act (Canada) on the price of gasoline sold in Ontario. It may also set out other information with respect to the price of gasoline sold in Ontario. The information may include information as estimated or otherwise determined by the Minister.

Other matters provided for in the Act include providing for inspections and offences.

SCHEDULE 24

FINANCIAL ADMINISTRATION ACT

The Schedule amends the Financial Administration Act. It prohibits a ministry or public entity from paying an admission or sponsorship fee for an event if the speaker at the event is a government minister, member of a legislative assembly, party leader or municipal councillor in Canada.

SCHEDULE 25

FINANCIAL PROFESSIONALS TITLE PROTECTION ACT, 2019

The Schedule enacts the Financial Professionals Title Protection Act, 2019.

Section 2 of the Act prohibits any individual from using the title “Financial Planner” or “planificateur financier”, an abbreviation of that title, an equivalent in another language or a title that could reasonably be confused with that title unless the individual has obtained an approved financial planning credential from an approved credentialing body and the credential is in good standing.

Section 3 of the Act prohibits any individual from using the title “Financial Advisor” or “conseiller financier”, an abbreviation of that title, an equivalent in another language or a title that could reasonably be confused with that title unless the individual has obtained an approved financial advising credential from an approved credentialing body and the credential is in good standing.

Sections 4 to 8 of the Act set out the process by which the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario (the Authority) may approve credentialing bodies and credentials for the purposes of the prohibitions in sections 2 and 3.

Section 5 of the Act provides that an approved credentialing body shall oversee the individuals holding approved credentials it has issued. The approved credentialing body must do so in accordance with the terms and conditions of its approval and in accordance with rules made by the Authority. Approved credentialing bodies are also required to collect, from individuals holding approved credentials they have issued, any fees the Authority rules require those individuals to pay to the Authority. The approved credentialing bodies must remit those fees to the Authority.

Section 9 of the Act prohibits persons and entities from representing that they have obtained an approval as a credentialing body unless they have a valid approval as a credentialing body.

Section 10 of the Act prohibits persons and entities from representing that they are able to offer an approved credential unless they have a valid approval for the credential.

Section 11 sets out the Chief Executive Officer’s ability to make inquiries and conduct examinations of the business and activities of individuals, persons or entities that are or appear to be contravening the Act. Under section 12, the Chief Executive Officer may issue a compliance order respecting contraventions of, or non-compliance with, requirements established under the Act. The Chief Executive Officer is required to ensure that the name of each person and entity in respect of which a compliance order has been made and the details of the compliance order are made public on the Authority’s website and in any other manner the Chief Executive Officer considers appropriate.

Sections 14 and 15 provide authority respecting fees, respecting rules made by the Authority and respecting regulations made by the Lieutenant Governor in Council.

Currently, the Commodity Futures Act and the Securities Act provide that the Ontario Securities Commission may make rules prescribing the conditions of registration or other requirements for registrants. Amendments are made to each Act to indicate that this power includes the ability to make rules prescribing conditions of registration for registrants in connection with the use of specified titles.

Currently, the Insurance Act provides that the Authority may make rules respecting licences authorizing a person to act as an insurance agent in Ontario. An amendment is made to indicate that this power includes the ability to make rules requiring that a person licensed to act as an insurance agent use a specified title.

The Financial Services Regulatory Authority of Ontario Act, 2016 is amended to add the Financial Professionals Title Protection Act, 2019 to the definition of “regulated sector” in section 1. The Act is also amended to set out the Authority’s objects with respect to the Financial Professionals Title Protection Act, 2019.

SCHEDULE 26

FINANCIAL SERVICES COMMISSION OF ONTARIO ACT, 1997

The Schedule amends the Financial Services Commission of Ontario Act, 1997 to permit the Minister to delegate to a Ministry employee any power or duty of the Superintendent or the Commission under the Act or any other Act. The Schedule also provides for the repeal of the Act.

SCHEDULE 27

FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO ACT, 2016

A new section 6.1 is added to the Financial Services Regulatory Authority of Ontario Act, 2016 to empower the Authority to collect and enforce payments required to be paid to the Pension Benefits Guarantee Fund by employers.

A new section 12.1 is added to the Act to clarify that any money received by the Pension Benefits Guarantee Fund or the Deposit Insurance Reserve Fund, the assets of those Funds and any accruals from the investment of those assets are not part of the revenues, assets and investments of the Authority.

Unproclaimed subsection 15 (2) of the Act, which provides regulation-making authority concerning the manner of determining an assessment of the Authority by the Lieutenant Governor in Council with respect to expenses and expenditures that the Ministry incurs and makes in respect of the Authority, is repealed.

A new section 17.1 is added to the Act to require the Authority to prepare an annual business plan and to provide it to the Minister and the public.

Currently, when the Authority proposes to make a rule, it is required under section 22 of the Act to post a notice that includes a description of the anticipated costs and benefits of the proposed rule. This requirement is amended to provide that the notice must contain a qualitative and quantitative analysis of the anticipated costs and benefits of the proposed rule.

Technical amendments are also made to section 30 of the Act.

SCHEDULE 28

FINANCIAL SERVICES TRIBUNAL ACT, 2017

The Financial Services Tribunal Act, 2017 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 29

FIRE PROTECTION AND PREVENTION ACT, 1997

The Schedule amends the Fire Protection and Prevention Act, 1997 to change the amounts of fines as penalties for certain offences and to create penalties for subsequent offences. The Schedule also adds a limitation period for the prosecution of offences and expands the power of the Fire Marshal, a fire chief or an assistant to the Fire Marshal to issue an order under section 35 of the Act for the payment of costs.

SCHEDULE 30

Fiscal sustainability, Transparency and Accountability Act, 2019

The Schedule enacts the Fiscal Sustainability, Transparency and Accountability Act, 2019.

Section 2 of the new Act sets out the principles that govern Ontario’s fiscal policy.

Section 3 requires the Executive Council to plan for a balanced budget. If a deficit is planned, the Executive Council is required to provide a rationale in the budget.

Section 4 requires a budget to be released on or before March 31 of each fiscal year.

Sections 5 to 12 of the Act require the Minister of Finance to release specified information to the public as follows:

1. Section 5 requires the release of specified information in the budget, including a multi-year fiscal plan described in section 6 and a debt burden reduction strategy described in section 7.

2. Section 8 requires the release of a recovery plan in certain circumstances.

3. Section 9 requires the release of a mid-year review.

4. Section 10 requires the periodic release of updated information about Ontario’s revenues and expenses for the current fiscal year.

5. Section 11 requires the release of Ontario’s economic accounts each quarter.

6. Section 12 requires the release of a long-range assessment of Ontario’s economic and fiscal environment within two years after the most recent general election.

Section 13 requires the Auditor General to review specified information prior to scheduled general elections to determine whether it is reasonable, and to release a statement describing the results of the review. Section 14 requires the Auditor General to report on the Minister of Finance’s compliance with the Act.

If the Minister fails to meet a deadline under the Act, section 15 requires the Minister to release a statement that explains why the deadline was not met and sets a new deadline. Section 16 imposes a financial penalty on the Minister and the Premier for missed deadlines.

Additional sections address the release of information under the Act, the non-application of the Act in certain circumstances and Crown immunity.

The Fiscal Transparency and Accountability Act, 2004 is repealed and a consequential amendment is made.

SCHEDULE 31

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

The Schedule amends the Freedom of Information and Protection of Privacy Act. In particular, the Act is amended to include Part III.1 (Data Integration). Part III.1 provides for the designation of units within ministries that may collect personal information in order to compile information to enable analysis in relation to the management or allocation of resources, the planning for the delivery of programs and services provided or funded by the Government of Ontario as well as the evaluation of those programs and services. Part III.1 provides for rules governing the collection, use and disclosure of this personal information, including rules respecting linking and subsequently de-identifying the information. The responsible minister is authorized to establish data standards for use by the units in performing their functions under Part III.1, and the Information and Privacy Commissioner is given the authority to conduct reviews of the units’ practices and procedures.

The grounds on which personal information can be disclosed under Part III of the Act are also amended.

SCHEDULE 32

GASOLINE TAX ACT

The Schedule amends the Gasoline Tax Act to authorize the Lieutenant Governor in Council to make regulations respecting requirements and procedures for retailers in relation to the sale and delivery of gasoline to persons exempt from the payment of tax imposed by the Act.

SCHEDULE 33

INSURANCE ACT

The Schedule includes various amendments to the Insurance Act relating to the delivery and electronic format of certain records and other documents.

SCHEDULE 34

INVESTING IN ONTARIO ACT, 2008

The Investing in Ontario Act, 2008 is repealed and Ontario Regulation 227/08, made under that Act, is revoked. Consequential amendments are made to the Financial Administration Act.

Schedule 35

Juries Act

The Schedule amends the Juries Act. Here are highlights of some of those amendments:

The Act is amended by changing all references to “county” with “jury area”. Jury areas may be established by regulation.

The Act is amended by adding the defined term “Jury Sheriff”, who is the person to whom the powers and duties of a Jury Sheriff are assigned under section 73 of the Courts of Justice Act. The Juries Act is further amended throughout to delineate the roles of the Jury Sheriff and the local sheriff.

The Act is amended by adding section 4.1 which requires the Minister of Health and Long-Term Care to prepare a jury source list and disclose it to the Jury Sheriff. This section sets out the required content of the jury source list and rules with respect to uses and disclosure of the jury source list.

Currently, section 6 of the Act requires the Director of Assessment to select at random from information obtained at the most recent enumeration of inhabitants of a county under the Assessment Act the persons to whom a jury questionnaire shall be mailed. This section is amended to require the Jury Sheriff to randomly select the required number of persons to receive the jury questionnaire from among the persons included in the jury source list provided by the Minister of Health and Long-Term Care.

The Act is amended by adding section 27.2 which provides that a court or judge before which a jury trial in a civil proceeding is to be held may make an order directing that the identity of a juror or any information that could disclose their identity shall not be published, broadcast or transmitted or limiting access to or the use of that information.

Subsection 44 (3) and section 45 are added to the Act. These provisions set out rules with respect to transition.

Schedule 36

Justices of the Peace Act

The Schedule re-enacts subsection 9 (8) of the Justices of the Peace Act to provide that the Justices of the Peace Review Council must, between 15 and 30 days after submitting its annual report to the Attorney General, publish the report in English and French on its website.

In addition, section 13.1 of the Act, which sets out rules that apply if a justice of the peace resigns, is appointed to a court or retires, is amended so that it does not apply in the case of the appointment of a justice of the peace to a court during a trial held under the Provincial Offences Act.

Schedule 37

LAND REGISTRATION REFORM Act

The Schedule amends the Land Registration Reform Act to allow the Minister to make regulations authorizing the Director of Titles to approve the manner in which documents in written form can be delivered for registration or deposit in the land registration system and specifying the effect of documents in written form that are delivered for registration or deposit in the land registration system in a manner approved by the Director.

SCHEDULE 38

LIQUOR LICENCE ACT

The Schedule amends the Liquor Licence Act to allow the council of a municipality, by by-law, to designate a public place where persons may have or consume liquor, subject to the regulations. The Schedule also expands the regulation-making powers of the Lieutenant Governor in Council and makes some corrections to the French version only of the Act.

Schedule 39

Ministry of Training, Colleges and Universities Act

The Schedule amends the Ministry of Training, Colleges and Universities Act by adding a new section 7.2 that governs the accrual of interest on student loans.

The Schedule also adds a new section 9.1 to govern the process of debt collection enforcement and review with respect to student loans and medical resident loans that are in default.

The Schedule also amends section 13 to provide new authority to make regulations that relate to the other amendments made to the Act by the Schedule.

The Schedule also adds a new section 18 to provide authority for the Minister to make regulations governing the reduction, limitation and alteration of compensation due to certain individuals.

Schedule 40

Modernizing the Skilled Trades and Apprenticeship Act, 2019

The Modernizing the Skilled Trades and Apprenticeship Act, 2019 is enacted. The Act sets out provisions regarding the governance of the practice of trades in Ontario and apprenticeship training and certification.

Part I sets out definitions applicable to the Act.

Part II addresses trades, skill sets and restricted activities as follows:

1. Section 2 provides that the Minister shall issue policies describing the activities of trades or skill sets and that a trade or skill set does not include a restricted activity unless prescribed by a regulation.

2. Sections 3 to 5 set out prohibitions under the Act. Section 3 prohibits an individual from performing restricted activities unless the individual holds the appropriate certificate for the activity or is an apprentice in a trade or skill set that includes the restricted activity. Section 4 prohibits persons from employing individuals to perform restricted activities unless the individual is permitted to do so under section 3. Section 5 prohibits sponsors from allowing an apprentice to work except in accordance with any applicable apprentice to journeyperson ratio.

3. Sections 7 to 12 provide for the issuance of certificates of apprenticeship, certificates of qualification and certificates of completion; for the issuance, renewal and amendment of certificates of restricted practice; and for the imposition of terms, conditions and limitations on certificates of restricted practice, and for their suspension and revocation.

Part III sets out provisions regarding apprenticeship programs and training agreements. It also addresses the issuance of provisional certificates of restricted practice, for the imposition of terms, conditions and limitations on such certificates, and for their suspension and revocation.

Part IV addresses inspections and investigations under the Act. Inspectors are given various powers for the purposes of determining compliance with the Act and the regulations, registered training agreements and compliance orders.

Part V provides for the imposition of compliance orders, notices of contravention and administrative penalties, and includes provisions respecting the process for their issuance, and the review of a notice of contravention.

Part VI contains general provisions relating to the administration of the Act and regulations. The Minister’s and Registrar’s functions are set out, and provision is made for the delegation of their functions to an administrative authority.

Part VII includes various miscellaneous provisions, including provisions relating to the service of documents and the collection and use of personal information.

Part VIII provides authority to make regulations.

Part IX contains provisions relating to transitional matters arising from the repeal of the Ontario College of Trades and Apprenticeship Act, 2009 and the dissolution of the Ontario College of Trades.

Part X includes consequential amendments to other Acts, and the commencement and short title provisions.

SCHEDULE 41

MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

The Schedule amends the grounds on which personal information can be disclosed under Part II of the Municipal Freedom of Information and Protection of Privacy Act.

SCHEDULE 42

NIAGARA ESCARPMENT PLANNING AND DEVELOPMENT ACT

The Schedule amends the Niagara Escarpment Planning and Development Act to give the Minister’s delegate the option of giving notice of a decision on an application for a development permit and notice of a hearing on an appeal of such a decision by email, instead of by personal service or by regular or registered mail, which are the only options currently available under subsections 25 (5) and (10) of the Act. Similarly, section 26 is amended to give the Minister the option of giving notice of an application for a development permit and notice of a hearing regarding such an application by email instead of using the other methods of delivery currently permitted under that section.

Schedule 43

Oil, Gas and Salt Resources Act

The Schedule amends subsection 17 (2) of the Oil, Gas and Salt Resources Act to give the Lieutenant Governor in Council the power to make regulations governing the format of documents required or permitted to be provided under the Act and the manner in which and time at which they are to be provided. The regulations may provide for the documents to be provided by email or by means of the provision of online access. A new section 17.1.1 is added to the Act and sets out rules relating to the deemed receipt of documents that are required or permitted to be provided under the Act, including rules that apply where the document is provided by email.

Schedule 44

Ontario Heritage Act

Currently, section 67 of the Ontario Heritage Act specifies methods of service of documents required to be given, delivered or served under the Act. The section is amended to permit documents to be served or delivered by email.

Schedule 45

Ontario Infrastructure and Lands Corporation Act, 2011

The Ontario Infrastructure and Lands Corporation Act, 2011 is amended to permit the Corporation to provide advice and services to non-Ontario entities.

SCHEDULE 46

ONTARIO LOAN ACT, 2019

The Ontario Loan Act, 2019 is enacted. Subsection 1 (1) of the Act authorizes the Crown to borrow a maximum of $15.1 billion.

Schedule 47

Ontario New Home Warranties Plan Act

The Schedule amends the Ontario New Home Warranties Plan Act to include mechanisms for government oversight of the Corporation designated to administer the Ontario New Home Warranties Plan. Those mechanisms are similar to those that apply to the administrative authority under the Condominium Management Services Act, 2015, the regulatory authority under the New Home Construction Licensing Act, 2017 and the warranty authority under the Protection for Owners and Purchasers of New Homes Act, 2017. They include the power of the Minister to do the following:

1. Set competency criteria for board members.

2. Limit the members of the board who can be drawn from among specified persons or classes of persons.

3. Appoint one or more members to the board as long as they do not form a majority of the board.

4. Require the Corporation to disclose information about compensation that it pays.

The Schedule also amends the Act to require the Corporation to ensure there is adequate money in the guarantee fund for the purpose of providing compensation under the Ontario New Home Warranties Plan.

Schedule 48

Pension Benefits Act

The Schedule amends the Pension Benefits Act to add certain provisions from the Not-for-Profit Corporations Act, 2010 that relate to the meaning of “affiliates” in clause 1 (4) (a) of the Pension Benefits Act. These added provisions will be repealed on the day the Not-for-Profit Corporations Act, 2010 comes into force.

The criteria for a benefit provided by a pension plan to be a target benefit are amended. The obligation of an employer to contribute to the pension fund in respect of the benefit must be limited to a fixed amount set out in either one or more collective agreements or one or more documents, other than a collective agreement, that create and support the plan.

Currently, section 55.1 of the Act sets out circumstances in which employers and members are permitted to reduce or suspend certain contributions under a pension plan. An amendment provides that the section does not prevent a reduction or suspension of those contributions if the reduction or suspension is otherwise authorized by the Act or the regulations.

Section 82 of the Act, which currently governs the Pension Benefits Guarantee Fund, is amended to provide that the assets of the Guarantee Fund are not public money for the purposes of the Financial Administration Act and do not form part of the Consolidated Revenue Fund.

A new section 115.3 is added to the Act to require the Financial Services Regulatory Authority of Ontario to give the Minister such records and information related to a pension plan or pension fund, or both, as the Minister requests. Notice is not required to be given to an individual in respect of personal information that may be collected by the Minister. The section also requires the Chief Executive Officer to give the Minister such records and information relating to the Pension Benefits Guarantee Fund as the Minister requests.

Schedule 49

Personal Property Security Act

The Schedule amends the Personal Property Security Act. Chattel paper is either electronic chattel paper or tangible chattel paper, depending on whether it is evidenced by an electronic record or not.

The amendments to the Act include the following:

1. A provision about what constitutes control of electronic chattel paper.

2. Amendments to provisions about conflict of laws and when a security interest attaches to collateral.

3. A rule for perfection of electronic chattel paper by control.

4. An amendment to section 28 of the Act, which sets out priority rules for purchasers of chattel paper, to take into account both types of chattel paper.

SCHEDULE 50

province of ontario Savings office privatization act, 2002

The Province of Ontario Savings Office Privatization Act, 2002 is amended to change a reference to the Deposit Insurance Corporation of Ontario to refer instead to the Financial Services Regulatory Authority of Ontario.

Schedule 51

Provincial Offences Act

The Schedule amends section 30 of the Provincial Offences Act to provide that a justice who is appointed to another court during a trial continues to have jurisdiction to preside over the trial.

Schedule 52

PTSD Awareness Day Act, 2019

The Schedule enacts the PTSD Awareness Day Act, 2019, which proclaims June 27 in each year as PTSD Awareness Day.

Schedule 53

Public Sector Labour Relations Transition Act, 1997

Section 8 of the Public Sector Labour Relations Transition Act, 1997 is repealed and replaced. The new section 8 provides that the Act applies when two or more health service providers are amalgamated or when all, or substantially all, of the assets of one health service provider are transferred to another health service provider. Rules respecting the application of the Act in those circumstances are also set out. The Lieutenant Governor in Council is given the power to make regulations that provide for transitional matters in connection with the implementation of these amendments, and complementary and consequential amendments are also made.

sCHEDULE 54

pUBLIC tRANSPORTATION AND hIGHWAY iMPROVEMENT aCT

The Schedule amends the Public Transportation and Highway Improvement Act. The amendments authorize the Minister to appoint inspectors for the purpose of inspecting, auditing, examining, assessing and evaluating transit infrastructure assets held by or on behalf of the Toronto Transit Commission or the City of Toronto. The amendments authorize inspections for those purposes.

SCHEDULE 55

SECURITIES ACT

The Schedule amends the Securities Act.

A new principle relating to the facilitation of innovation in Ontario’s capital markets is added to section 2.1 of the Act.

The Act is amended to provide that subsection 2 (2) of the Fines and Forfeitures Act does not apply to fines recovered for certain contraventions of Ontario securities law or Ontario commodity futures law.

Currently, when the Ontario Securities Commission proposes to make a rule, it is required under section 143.2 of the Act to post a notice that includes a description of the anticipated costs and benefits of the proposed rule. This requirement is amended to provide that the notice must contain a qualitative and quantitative analysis of the anticipated costs and benefits of the proposed rule.

Two technical amendments are made.

SCHEDULE 56

SIMPLER, FASTER, BETTER SERVICES ACT, 2019

The Schedule enacts the Simpler, Faster, Better Services Act, 2019. The Act authorizes the Minister responsible for the Act to appoint a Chief Digital and Data Officer who is required to perform various functions related to the provision of digital services and the publication of data by broader public sector organizations. The Chief Digital and Data Officer is also required to establish standards respecting digital services and standards for open data for use by public sector organizations. The Act authorizes the Lieutenant Governor in Council to make regulations that apply to a broader public sector organization that is not a public sector organization respecting digital services as they pertain to the organization and the publication of data by the organization.

The Act sets out certain principles that public sector organizations must have regard to in developing and using digital services and in making data publicly available. The Act provides for the Chief Digital and Data Officer to make certain reports to the Minister responsible for the Act.

Schedule 57

Taxation Act, 2007

The Schedule amends the Taxation Act, 2007 to add the Ontario childcare access and relief from expenses tax credit.

Section 93.2 of the Act is amended so that the condition regarding a corporation’s Ontario labour expenditure for the year for the purposes of the definition of “specialized digital game corporation” is changed so that for taxation years that commence after April 11, 2019, the Ontario labour expenditure must not be less than $500,000, rather than not less than $1 million.

SCHEDULE 58

TICKET SALeS ACT, 2017

The Schedule amends the Ticket Sales Act, 2017. Currently, subsection 2 (1) of the Act requires a person who makes a ticket available for sale on the secondary market or who facilitates the sale of a ticket on the secondary market at a price above its face value to provide a guarantee or a confirmation. The Schedule requires the guarantee or the confirmation to be in writing and to be provided when the ticket is made available for sale. If a person who facilitates the sale of a ticket on the secondary market complies with that subsection, no other person is required to comply with that subsection with respect to the sale.

The Schedule amends the information that subsection 5 (1) of the Act requires a primary seller to disclose. For example, the information to disclose deals with cases where the seller makes tickets to an event available for sale in batches or not. In most cases, the disclosure is required as soon as the seller has the information and no later than the time at which the seller makes the tickets involved available for sale. All required disclosures must continue until the time at which the event takes place.

The requirement in section 8 of the Act to disclose the identity of a secondary seller does not apply if an operator of a secondary ticketing platform that facilitates the sale of a ticket has provided the guarantee required by subsection 2 (1) of the Act.

The purpose for which an inspector can conduct an inspection without a warrant or for which an investigator can conduct an investigation is broadened so that the inspector or investigator can ensure that there has been compliance with any provision of the Act or the regulations, rather than just with certain listed provisions of the Act and the regulations.

The maximum amount of an administrative penalty under the Act is increased from $10,000 to $25,000.

The Schedule allows the Lieutenant Governor in Council to make regulations requiring a person who sells a ticket to provide the ticket to the purchaser in paper form if the purchaser so requests, regulating the fees that the person can charge and governing the transferability of tickets made available for sale.

SCHEDULE 59

TOBACCO TAx ACT

The Schedule amends the Tobacco Tax Act in the following ways:

1. Currently under subsection 1 (2) of the Act producing raw leaf tobacco for the purposes of the Act includes baling and packaging the tobacco. Subsection 1 (2) of the Act is amended to remove reference to those activities. Section 2.3 of the Act is modified to prohibit any person from baling or packaging raw leaf tobacco without a registration certificate.

2. Subsection 2.2 (10) of the Act requires a person who holds a registration certificate issued under that section to notify the Minister of certain information. That subsection is amended to require the person to also notify the Minister of any subsequent changes to the information provided to the Minister when applying for the certificate.

3. The Act is amended such that persons required to hold a registration certificate must retain and dispose of damaged or unused markers in accordance with the regulations. The Act is also amended to provide that it is an offence to contravene this requirement and to permit the Minister to assess a penalty in cases of non-compliance with this requirement.

4. The fines and penalties for contravening subsection 2.2 (22), which requires notification respecting the destruction of raw leaf tobacco, are amended.

5. The Act is amended to permit the Minister to amend conditions or restrictions on a registration certificate or a permit and also to impose other conditions or restrictions that the Minister considers appropriate.

6. Subsection 12 (1) currently provides for the collection of information for the purposes of evaluating the suitability of a person to be a collector, exporter or registered importer or to hold various types of permits. This subsection is amended to permit the Minister to demand information from any person for the purposes of evaluating the suitability of a person to be designated a collector or issued a registration certificate or a permit as well as to determine whether to impose, remove or amend a condition or restriction on a certificate or a permit.

7. Section 32 of the Act is amended to permit the Minister to disclose, in specified circumstances, copies of records and information obtained under the Act for the purposes of verifying information as part of an application for a registration certificate that is issued under section 2.2.

SCHEDULE 60

TRIBUNAL ADJUDICATIVE RECORDS ACT, 2019

The Schedule enacts the Tribunal Adjudicative Records Act, 2019. The Act requires adjudicative tribunals prescribed by the regulations made under the Act to make their adjudicative records available to the public unless the record is subject to a confidentiality order. The Act authorizes the tribunals to make rules governing procedures for providing access to adjudicative records and for obtaining confidentiality orders and to, subject to the approval of the relevant minister, set and charge fees for providing access to adjudicative records. The Act also provides that confidentiality orders can be filed with the Superior Court of Justice and that, upon filing, they can be enforced as if they were orders of that court.

The Act also amends the Freedom of Information and Protection of Privacy Act to provide that it does not apply to notes, communications or draft decisions or orders prepared by or for a person acting in a quasi-judicial capacity. That Act is also amended to provide that it does not apply to adjudicative records to which the Tribunal Adjudicative Records Act, 2019 applies.

SCHEDULE 61

VITAL STATISTICS ACT

The Schedule amends the Vital Statistics Act. Instead of tabling in the Assembly the annual report of registrations under the Act that subsection 3 (5) requires the Registrar General to prepare, the Registrar General is required to publish it in a manner that the Registrar General considers appropriate.

In deciding under subsection 34 (1) to correct an error made in a registration, the Registrar General no longer requires a statutory declaration to supplement evidence of the error. The Schedule adds powers for the Registrar General to make regulations governing the correction of errors in a registration. It also transfers some of the present regulation-making powers of the Lieutenant Governor in Council to the Registrar General.

Bill 100 2019

An Act to implement Budget measures and 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 Protecting What Matters Most Act (Budget Measures), 2019.

SCHEDULE 1

AGGREGATE RESOURCES ACT

1 Section 62.1 of the Aggregate Resources Act is repealed and the following substituted:

Change of contact information

62.1 Within 14 days after a licensee or permittee changes his or her name, address or other prescribed contact information, the licensee or permittee shall give notice of the change to the prescribed person in the prescribed manner.

Aggregate Resources and Mining Modernization Act, 2017

2 Section 44 of Schedule 1 to the Aggregate Resources and Mining Modernization Act, 2017 is repealed.

Commencement

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

(2) Section 2 comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

SCHEDULE 2

ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996

1 (1) The following provisions of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 are amended by striking out “April 1, 2019” wherever it appears and substituting in each case “January 1, 2020”:

1. Paragraphs 3 and 4 of subsection 27 (1.1).

2. Paragraphs 4 and 5 of subsection 27 (2).

3. Paragraphs 3 and 4 of subsection 27 (2.1).

(2) Section 27 of the Act is amended by adding the following subsection:

Transition re wine and wine cooler tax increase previously effective April 1, 2019

(2.2) If, before the day the Protecting What Matters Most Act (Budget Measures), 2019 received Royal Assent, a purchaser or authorized grocery store paid an amount in respect of the increase in the basic tax on wine and wine coolers that was scheduled to take effect on April 1, 2019 under subsections (1.1), (2) and (2.1), as they read immediately before the day the Protecting What Matters Most Act (Budget Measures), 2019 received Royal Assent, the following rules apply:

1. The amount paid in respect of the increase is deemed not to have been paid 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 as part of the purchase price otherwise owing in respect of the wine or wine cooler.

Commencement

2 (1) Subject to subsection (2), this Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

(2) Subsection 1 (1) is deemed to have come into force on March 31, 2019.

SCHEDULE 3

ARCHIVES AND RECORDKEEPING ACT, 2006

1 Clause 1 (b) of the Archives and Recordkeeping Act, 2006 is amended by adding “and to support effective government administration” after “transparency”.

2 The definition of “record” in subsection 2 (1) of the Act is amended by adding “including data” after “record of information”.

3 Clause 7 (c) of the Act is amended by adding “and to support effective government administration” at the end.

4 The English version of subsections 8 (4), (5) and (7) of the Act are amended by striking out “his or her” wherever it appears and substituting in each case “the Archivist’s”.

5 The English version of section 10 of the Act is amended by striking out “his or her” wherever it appears and substituting in each case “the Archivist’s”.

6 (1) Subsection 11 (1) of the Act is repealed and the following substituted:

Records schedules

(1) The Archivist may prepare a records schedule that sets out, for a class of public records that a public body creates or receives, the length of time the records will be retained and the disposition of the records at the end of the retention period.

Same

(1.1) Every public body shall prepare a records schedule that sets out, for each class of public records that they create or receive and for which the Archivist has not prepared a records schedule, the length of time the records will be retained and the disposition of the records at the end of their retention period.

(2) Clause 11 (2) (c) of the Act is repealed.

7 The English version of clause 20 (4) (b) of the Act is amended by striking out “he or she” in the portion before subclause (i) and substituting “the Archivist”.

8 The English version of subsection 22 (3) of the Act is amended by striking out “his or her” and substituting “the Archivist’s”.

9 The English version of section 23 of the Act is amended by striking out “his or her” wherever it appears and substituting in each case “the Archivist’s”.

10 The English version of section 24 of the Act is amended by striking out “he or she” and substituting “the Archivist”.

11 (1) Subsection 25 (1) of the Act is repealed and the following substituted:

Standards, guidelines re recordkeeping

(1) The Archivist shall, at the direction of the Management Board of Cabinet, establish standards and guidelines respecting recordkeeping practices, including practices to facilitate the preservation of records of archival value.

(2) The English version of subsection 25 (2) of the Act is amended by striking out “he or she” and substituting “the Archivist”.

Commencement

12 This Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

Schedule 4

Bees Act

1 Subsection 5 (3) of the Bees Act is repealed.

2 The Act is amended by adding the following section:

Inspector’s orders, content and delivery

6.1 (1) Every order made by an inspector under section 5, 6 or 19 shall state that the beekeeper may appeal from the inspector’s order to the Director within five days after receipt of the order.

Delivery

(2) An inspector’s order shall be delivered to the beekeeper,

(a) by registered mail or courier at the beekeeper’s last or usual place of abode;

(b) by email; or

(c) in person by the inspector.

Deemed receipt

(3) An inspector’s order shall be deemed to have been received by the beekeeper in accordance with the following rules:

1. If the order is delivered by registered mail or courier, it is deemed to have been received on the fifth day after the day the order is mailed or couriered.

2. If the order is delivered by email or in person by the inspector, it is deemed to have been received on the day it is sent by email or received in person.

Failure to receive document

(4) Subsection (3) does not apply if the beekeeper establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond the beekeeper’s control, receive the order or did not receive it until after the deemed date of receipt.

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

Hearing and decision on appeal

(3) Upon being notified of an appeal, the Director shall hold a hearing and at the conclusion of the hearing may confirm, revoke or vary the inspector’s order.

Notice of decision

(3.1) The Director shall give the beekeeper who appealed the inspector’s order notice of a decision made under subsection (3),

(a) by registered mail or courier at the beekeeper’s last or usual place of abode; or

(b) by email.

Compliance with decision

(3.2) A beekeeper who receives notice of the Director’s decision made under subsection (3) shall comply with the decision within the time specified in the notice.

Deemed receipt

(3.3) Notice of the Director’s decision shall be deemed to have been received by the beekeeper in accordance with the following rules:

1. If the notice is delivered by registered mail or courier, it is deemed to have been received on the fifth day after the day the notice is mailed or couriered.

2. If the notice is delivered by email, it is deemed to have been received on the day it is sent by email.

Failure to receive document

(3.4) Subsection (3.3) does not apply if the beekeeper establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond the beekeeper’s control, receive the notice or did not receive it until after the deemed date of receipt.

Commencement

4 This Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

SCHEDULE 5

BROADER PUBLIC SECTOR EXECUTIVE COMPENSATION ACT, 2014

1 Clause (a) of the definition of “Minister” in subsection 1 (1) of the Broader Public Sector Executive Compensation Act, 2014 is repealed.

2 Subsections 6 (4) and (5) of the Act are repealed and the following substituted:

Governing performance assessment indicators

(4) A compensation framework may authorize the Management Board of Cabinet to establish rules governing a designated employer’s use of performance assessment indicators in determining a designated executive’s compensation.

Limiting increases in pay

(5) A compensation framework may authorize the Minister to limit, in writing, the increase in salary or the pay-for-performance that a designated employer may give to a designated executive, including by limiting,

(a) the number of designated executives to whom a designated employer may,

(i) give an increase in salary or a category of increase in salary, or

(ii) give pay-for-performance or a category of pay-for-performance; and

(b) the time periods for which a designated employer may give a performance-related increase in salary or pay-for-performance.

Exempting from compensation framework

(6) A compensation framework may authorize the Minister to exempt, in writing, a designated employer or a designated executive from a requirement in the compensation framework and to set conditions for the exemption.

Non-application of Legislation Act, 2006, Part III, Board and Minister decisions

(7) Part III (Regulations) of the Legislation Act, 2006 does not apply to,

(a) rules established by the Management Board of Cabinet that are authorized by a provision in a compensation framework made under subsection (4); or

(b) a limit imposed by the Minister or an exemption granted by the Minister as authorized by a compensation framework.

3 Subsection 7 (5) of the Act is repealed.

4 The Act is amended by adding the following section:

Newly created employers

Application

7.1 (1) This section applies to,

(a) a designated employer that has never hired any designated executives; and

(b) a designated employer that has hired designated executives but has not become fully operational and does not intend for any of the designated executives to remain executives of the employer once the employer becomes fully operational.

Restriction on hiring

(2) A designated employer to which this section applies shall not hire a designated executive that it intends to have remain an executive of the employer once the employer becomes fully operational, unless,

(a) the compensation plan for that designated executive position has been approved by the Minister in writing; or

(b) the Minister has exempted the designated employer in writing from that requirement.

Approval process

(3) The designated employer shall submit such material and follow such procedure as may be prescribed for seeking the Minister’s approval of compensation plans.

5 Section 9 of the Act is repealed and the following substituted:

Existing employees and office holders

9 (1) Where a person is a designated executive immediately before the effective date of an applicable compensation framework and continues to be employed in the same position or office, whether under the same contract or agreement or through a renewal of an existing contract or agreement, the following rules apply, regardless of when the contract or agreement was entered into:

1. Subject to paragraphs 2 and 3, the designated executive’s compensation plan that is in effect immediately before the effective date of the applicable compensation framework remains in effect.

2. On or after August 13, 2021, any element of compensation in the designated executive’s compensation plan that is greater than that authorized under an applicable compensation framework is not valid or payable to the extent that it is not in accordance with the applicable compensation framework.

3. Any increase in an element of compensation that is provided for in the designated executive’s compensation plan, but that has not been implemented on or before the effective date, is not valid or payable to the extent that it is not in accordance with the applicable compensation framework.

Application of par. 2 of subs. (1)

(2) The Minister may, in writing,

(a) provide that paragraph 2 of subsection (1) applies in respect of a designated employer or a designated executive beginning on a date that is before August 13, 2021; or

(b) exempt a designated employer or a designated executive from the application of that paragraph until a specified date.

6 Subsection 23 (2) of the Act is amended by striking out “and for greater certainty, prevails over subsection 7.17 (2) of the Broader Public Sector Accountability Act, 2010” at the end.

Broader Public Sector Accountability Act, 2010

7 (1) Part II.1 of the Broader Public Sector Accountability Act, 2010 is repealed.

(2) Clause 23 (1) (e) of the Act is amended by striking out “subsection 7.17 (1)” at the end and substituting “subsection 7.17 (1), as it read immediately before it was repealed”.

Excellent Care for All Act, 2010

8 Subsections 9 (6) to (9) of the Excellent Care for All Act, 2010 are repealed.

Public Sector Compensation Restraint to Protect Public Services Act, 2010

9 The Public Sector Compensation Restraint to Protect Public Services Act, 2010 is repealed.

Commencement

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

SCHEDULE 6

BUSINESS CORPORATIONS ACT

1 Clause 140 (1) (c) of the Business Corporations Act is amended by adding “and an e-mail address if one is provided” after “if any”.

Commencement

2 This Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

Schedule 7

CANNABIS TAXATION COORDINATION ACT, 2019

Coordinated Cannabis Taxation Agreement

1 (1) The Coordinated Cannabis Taxation Agreement dated May 8, 2018, between the Minister of Finance on behalf of the Crown in right of Ontario and the Minister of Finance for Canada on behalf of the Government of Canada, is ratified and confirmed.

Amendments

(2) The Minister of Finance may at any time enter into an agreement with the Minister of Finance for Canada to amend the agreement or any amending agreement.

Other agreements or arrangements

(3) The Minister of Finance may enter into such other agreements or arrangements with the Government of Canada as the Minister considers necessary or advisable respecting any matter relating to the Coordinated Cannabis Taxation Agreement and its implementation.

Minister may make payments

(4) The Minister of Finance is authorized to make payments from the Consolidated Revenue Fund in accordance with the Coordinated Cannabis Taxation Agreement, and any agreement entered into under subsection (3), from amounts appropriated by the Legislature for those purposes.

Commencement

2 The Act set out in this Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

Short title

3 The short title of the Act set out in this Schedule is the Cannabis Taxation Coordination Act, 2019.

SCHEDULE 8

COLLECTION AND DEBT SETTLEMENT SERVICES ACT

1 Subsection 26 (1) of the Collection and Debt Settlement Services Act is repealed and the following substituted:

Service

(1) Any notice or order required to be given or served under this Act or the regulations is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by registered mail addressed to the person to whom delivery or service is required to be made at the latest address for service appearing on the records of the Ministry; or

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

Commencement

2 This Schedule comes into force on the day the Protecting What Matters Most Act (Budget Measures), 2019 receives Royal Assent.

SCHEDULE 9

Combative Sports Act, 2019

CONTENTS

Interpretation

Definitions

1 (1) In this Act,

“Advisory Council” means the Ontario Combative Sport Advisory Council established under section 3; (“Conseil consultatif”)

“amateur combative sport contest or exhibition” has the meaning set out in the regulations; (“compétition ou exhibition de sports de combat amateurs”)

“combative sport” has the meaning set out in subsection (2); (“sport de combat”)

“Commissioner” means the Commissioner appointed under section 2; (“commissaire”)

“designated senior employee” means a person employed in the Ministry as an assistant deputy minister or in a position prescribed by the regulations; (“titulaire d’un poste supérieur désigné”)

“matchmaker” means a person who arranges a professional combative sport contest or exhibition; (“promoteur de match”)

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“official” means a person who participates in a professional combative sport contest or exhibition as a referee, judge or in any other prescribed capacity; (“officiel”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“professional combative sport contest or exhibition” has the meaning set out in the regulations; (“compétition ou exhibition de sports de combat professionnels”)

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

Combative sport

(2) A reference to “combative sport” in this Act and the regulations, including within the definitions of “amateur combative sport contest or exhibition” and “professional combative sport contest or exhibition” in subsection (1), means,

(a) a sport in which contestants,

(i) strike their opponents using their hands, fists, feet or any other body part or any combination of them,

(ii) use throwing, grappling, wrestling or submission techniques, or

(iii) engage in any other prescribed technique; or

(b) a sport designated by the Minister in the regulations.

Commissioner

Commissioner

2 (1) The Minister shall appoint, in writing, a person employed in the Ministry as the Commissioner for the purposes of this Act.

Powers and duties

(2) The Commissioner shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed.

Delegation

(3) The Commissioner may delegate, in writing, any of the Commissioner’s powers or duties under this Act or the regulations to any person, including any person not employed in the Ministry, subject to any limitations, conditions and requirements set out in the delegation.

Ontario Combative Sport Advisory Council

Ontario Combative Sport Advisory Council

3 (1) A council known as the Ontario Combative Sport Advisory Council in English and Conseil consultatif ontarien des sports de combat in French is established.

Members

(2) The composition of the Advisory Council shall be as provided in the regulations, and the members shall be appointed by the Lieutenant Governor in Council.

Chair, vice-chairs

(3) The Lieutenant Governor in Council may designate one of the members of the Advisory Council to be the chair and one or more members of the Advisory Council to be vice-chairs.

Vice-chairs

(4) A vice-chair shall act as and have all the powers and authority of the chair if the chair is absent or unable to act or if the chair’s position is vacant.

Remuneration and expenses

(5) The Lieutenant Governor in Council may determine the remuneration and expenses of persons appointed under subsection (2).

Support

(6) The Minister may designate any persons employed in the Ministry to provide support to the Advisory Council in the performance of its functions under this Act and the regulations.

Functions of Advisory Council

4 The Advisory Council shall,

(a) advise the Minister regarding regulations under section 49; and

(b) perform any other duties as may be prescribed.

Meetings

5 (1) The Advisory Council may only hold meetings as directed by the Minister.

Meetings by telephone or other communications

(2) A member of the Advisory Council may participate in a meeting by telephone or other means of communication that permits all of the persons participating to communicate, and a member so participating is considered to be present at the meeting.

Quorum

(3) A majority of the members of the Advisory Council constitutes a quorum.

Licences

Licence required

6 No person shall do any of the following unless the person holds a valid licence authorizing the activity:

1. Promote, conduct or hold a professional combative sport contest or exhibition.

2. Participate as a contestant in a professional combative sport contest or exhibition.

3. Provide services as a manager, matchmaker, second or official with respect to a professional combative sport contest or exhibition.

4. Engage in any other prescribed activity.

Application for licence

7 A person may apply to the Commissioner for a licence by,

(a) submitting to the Commissioner,

(i) the prescribed information, authorizations and records,

(ii) any information, application form and other records required by the Commissioner, and

(iii) the prescribed fees; and

(b) complying with any additional prescribed requirements.

Issuance of licence

8 The Commissioner shall issue a licence to an applicant, if the Commissioner,

(a) receives an application under section 7; and

(b) is satisfied that the applicant has complied with this Act and the regulations.

Refusal to issue a licence

9 Subject to section 28, on receipt of an application under section 7, the Commissioner may refuse to issue a licence if,

(a) the applicant, or any of the officers, directors or representatives of the applicant,

(i) has contravened this Act, the regulations or the terms and conditions of a licence, or

(ii) fails to meet the requirements for the licence;

(b) the Commissioner has reasonable grounds to believe that,

(i) based on the past conduct of the applicant, or any officers, directors or representatives of the applicant, the applicant will not carry on business with honesty and integrity and in accordance with this Act, the regulations or any term or condition of the licence,

(ii) the applicant has made a false or misleading statement, with respect to any matter that the Commissioner considers material, in an application under section 7 or 17 or in any of the information or material submitted to the Commissioner in support of an application,

(iii) the issuance of the licence is not in the interest of the health and safety of the contestant, or

(iv) it is not in the public interest to issue the licence; or

(c) any other prescribed circumstances exist.

Suspension or cancellation of a licence

10 (1) Subject to section 28, the Commissioner may suspend or cancel a licence on any ground on which the Commissioner might have refused to issue the licence under section 9.

Reinstatement

(2) If the Commissioner considers it appropriate to do so, and on receipt of any prescribed reinstatement fee, the Commissioner may reinstate a licence that has been suspended.

Terms and conditions of a licence

11 (1) On issuing or reinstating a licence, the Commissioner shall include the prescribed terms and conditions, if any, and may include any other terms and conditions that the Commissioner considers appropriate.

Amendment or imposition of new terms and conditions

(2) Subject to section 28, at any time after a licence is issued or reinstated, the Commissioner may amend the terms and conditions imposed by the Commissioner under subsection (1) or impose new terms and conditions.

Licence not transferable

12 A licence is not transferable.

Expiry of licence

13 Unless cancelled under section 10 or 14, a licence expires on the expiration of the prescribed period.

Requirement to notify Commissioner if circumstances change

14 (1) Within 30 days after a prescribed change in circumstances, an applicant for a licence or licensee shall notify the Commissioner in writing of the change.

Powers after receipt of information

(2) Subject to section 28, after receiving information that there has been a change in circumstances in accordance with subsection (1), the Commissioner may,

(a) in the case of an applicant for a licence, refuse to issue a licence; or

(b) in the case of a licensee,

(i) suspend or cancel the licence, or

(ii) amend the terms and conditions imposed by the Commissioner under subsection 11 (1) or impose new terms and conditions.

Failure to comply with subs. (1)

(3) Subject to section 28, if an applicant for a licence or licensee fails to comply with subsection (1), the Commissioner may,

(a) in the case of an applicant for a licence, refuse to issue a licence; or

(b) in the case of a licensee,

(i) suspend or cancel the licence, or

(ii) amend the terms and conditions imposed by the Commissioner under subsection 11 (1) or impose new terms and conditions.

Event Permit

Event permit required

15 No person shall promote, conduct or hold an amateur combative sport contest or exhibition or a professional combative sport contest or exhibition unless the person holds a valid event permit authorizing the contest or exhibition.

Prohibition re owner, occupier or operator of venue

16 No owner, occupier or operator of a building, structure or other premises shall allow the conduct or holding of an amateur combative sport contest or exhibition or a professional combative sport contest or exhibition in or at the building, structure or premises unless the Commissioner has issued a valid event permit for the contest or exhibition to be held in or at that building, structure or premises.

Application for event permit

17 A person may apply to the Commissioner for an event permit by,

(a) submitting to the Commissioner,

(i) the prescribed information, authorizations and records,

(ii) any information, application form and other records required by the Commissioner, and

(iii) the prescribed fees; and

(b) complying with any additional prescribed requirements.

Issuance of event permit

18 (1) The Commissioner shall issue an event permit to an applicant if the Commissioner,

(a) receives an application under section 17; and

(b) is satisfied that the applicant has complied with this Act and the regulations.

Event permit re professional combative sport contest or exhibition

(2) An event permit issued for a professional combative sport contest or exhibition shall only be in respect of a single contest or exhibition.

Event permit re amateur combative sport contest or exhibition

(3) An event permit issued for an amateur combative sport contest or exhibition may be in respect of a single or multiple contests or exhibitions.

Appointment of officials

(4) The Commissioner may appoint the officials for any professional combative sport contest or exhibition and require the prescribed fees and eligible expenses to be paid to the officials by the Commissioner on behalf of the event permit holder.

Event permit not required for certain amateur combative sport contests or exhibitions

19 An amateur combative sport contest or exhibition may be held without an event permit if,

(a) the contest or exhibition is held with the permission of a prescribed person or entity or is held under any of the prescribed circumstances; or

(b) the contest or exhibition satisfies the prescribed criteria.

Refusal to issue event permit

20 Subject to section 28, on receipt of an application under section 17, the Commissioner may refuse to issue an event permit if,

(a) the applicant, or any of the officers, directors or representatives of the applicant,

(i) has contravened this Act, the regulations or the terms and conditions of an event permit, or

(ii) fails to meet the requirements for the event permit; or

(b) the Commissioner has reasonable grounds to believe that,

(i) based on the past conduct of the applicant, or any officers, directors or representatives of the applicant, the applicant will not carry on business with honesty and integrity and in accordance with this Act, the regulations or any term or condition of the event permit,

(ii) the applicant has made a false or misleading statement, with respect to any matter that the Commissioner considers material, in an application under section 7 or 17 or in any of the information or material submitted to the Commissioner in support of an application, or

(iii) it is not in the public interest to issue the event permit; or

(c) any other prescribed circumstances exist.

Suspension or cancellation of event permit

21 Subject to section 28, the Commissioner may suspend or cancel an event permit on any ground on which the Commissioner might have refused to issue the event permit under section 20.

Terms and conditions of an event permit

22 (1) On issuing an event permit, the Commissioner shall include the prescribed terms and conditions, if any, and may impose any other terms and conditions that the Commissioner considers appropriate.

Amendment or imposition of new terms and conditions

(2) Subject to section 28, at any time after an event permit is issued, the Commissioner may amend the terms and conditions imposed by the Commissioner under subsection (1) or impose new terms and conditions.

Event permit not transferable

23 An event permit is not transferable.

Expiry of event permit

24 Unless cancelled under section 21 or 25, an event permit expires on the expiration of the prescribed period.

Permit holder to notify Commissioner if circumstances change

25 (1) Within 30 days after a prescribed change in circumstances, an applicant for an event permit or a holder of an event permit shall notify the Commissioner in writing of the change.

Powers after receipt of information

(2) Subject to section 28, after receiving information that there has been a change in circumstances in accordance with subsection (1), the Commissioner may,

(a) in the case of an applicant for an event permit, refuse to issue an event permit; or

(b) in the case of a holder of an event permit,

(i) suspend or cancel the event permit, or

(ii) amend the terms and conditions imposed by the Commissioner under subsection 22 (1) or impose new terms and conditions.

Failure to comply with subs. (1)

(3) Subject to section 28, if an applicant for an event permit or holder of an event permit fails to comply with subsection (1), the Commissioner may,

(a) in the case of an applicant for an event permit, refuse to issue an event permit; or

(b) in the case of a holder of an event permit,

(i) suspend or cancel the event permit, or

(ii) amend the terms and conditions imposed by the Commissioner under subsection 22 (1) or impose new terms and conditions.

Security for professional combative sport contest or exhibition

26 (1) Before issuing an event permit for a professional combative sport contest or exhibition, the Commissioner shall require the applicant to post security, in accordance with the regulations, to ensure compliance with this Act, the regulations and the terms and conditions of the event permit.

Amount of security

(2) The security referred to in subsection (1) shall be in an amount sufficient to cover,

(a) the fees and eligible expenses payable to officials appointed by the Commissioner under subsection 18 (4);

(b) the event administration fee payable under section 27; and

(c) any other amounts prescribed by regulation.

Form of security

(3) The security referred to in subsection (1) shall be posted in one of the prescribed forms.

Forfeiture

(4) A security required under this section shall be forfeited to the Crown in the prescribed circumstances and in accordance with the prescribed rules.

Event administration fee

27 The holder of an event permit for a professional combative sport contest or exhibition shall pay to the Minister an event administration fee, in accordance with the requirements set out in the regulations.

Notification by Commissioner

Notice of intention to refuse, etc.

28 (1) The Commissioner shall notify the applicant, licensee or event permit holder, as the case may be, in writing if the Commissioner intends to,

(a) refuse to issue a licence;

(b) refuse to issue an event permit;

(c) suspend or cancel a licence or event permit; or

(d) amend the terms and conditions of a licence or event permit or impose new terms and conditions on a licence or event permit.

Contents of notice

(2) The notice under subsection (1) shall set out the reasons for the proposed action and shall state that the applicant, licensee or event permit holder is entitled to a hearing by the Licence Appeal Tribunal if the applicant, licensee or event permit holder, within 15 days after service of the notice, serves a written request for a hearing on the Commissioner and the Tribunal.

If no request for hearing

(3) If the applicant, licensee or event permit holder does not request a hearing in accordance with subsection (2), the Commissioner may take the action set out in the notice.

Exception, immediate action

(4) Despite subsections (1) and (2), if the Commissioner considers that it is necessary and in the public interest or in the interest of health and safety to take immediate action, the Commissioner may immediately suspend or cancel a licence or an event permit without providing written notice to the licensee or event permit holder under subsections (1) and (2), but the Commissioner shall give the licensee or event permit holder a notice setting out the reasons for the suspension or cancellation and the notice shall state that the licensee or event permit holder is entitled to a hearing by the Licence Appeal Tribunal if the licensee or event permit holder, within 15 days after service of the notice, serves a written request for a hearing on the Commissioner and the Tribunal.

Same, no stay of action

(5) A request for a hearing under subsection (4) does not stay the operation of the action taken by the Commissioner under that subsection.

Hearing

(6) If the applicant, licensee or event permit holder requests a hearing in accordance with subsection (2) or (4), the Licence Appeal Tribunal shall appoint a time for and hold the hearing.

Powers of Tribunal

(7) After holding the hearing, the Licence Appeal Tribunal may,

(a) by order, direct the Commissioner to carry out the action set out in the notice, with or without amendments, or substitute its opinion for that of the Commissioner; and

(b) by order, direct the Commissioner to take such action as the Tribunal considers he or she should take in accordance with this Act and the regulations.

Appeals from orders of the Tribunal

(8) If an applicant, licensee or event permit holder appeals an order of the Licence Appeal Tribunal, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.

Inspections

Appointment of inspectors

29 (1) The Minister may appoint any person to be an inspector for the purposes of this Act.

Commissioner is an inspector

(2) The Commissioner is, by virtue of his or her office, an inspector.

Powers and duties

(3) An inspector shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed by the regulations.

Restrictions

(4) The Minister may restrict an inspector’s powers of entry and inspection to specified premises.

Certificate of appointment

(5) The Minister shall issue to every inspector a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of his or her duties.

Purpose of inspection

30 An inspector shall conduct inspections for the purpose of enforcing this Act and the regulations.

Inspections without warrant

31 (1) An inspector may, at any reasonable time and without a warrant, enter and inspect,

(a) a premises where an amateur combative sport contest or exhibition or professional combative sport contest or exhibition is being held or is scheduled to be held or where the inspector suspects on reasonable grounds that such a contest or exhibition is being held or is scheduled to be held; or

(b) a premises where the inspector suspects on reasonable grounds that a person has not complied with or is not complying with this Act or the regulations.

Dwellings

(2) The power to enter and inspect a premises described in subsection (1) without a warrant shall not be exercised to enter and inspect a premises that is used as a dwelling, except with the consent of the occupier of the premises.

Powers on inspection

32 (1) An inspector conducting an inspection may,

(a) examine a record or other thing that is relevant to the inspection;

(b) demand the production for inspection of a document or other thing that is relevant to the inspection;

(c) on issuing a written receipt, remove for review and copying a record or other thing that is relevant to the inspection;

(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business on the premises;

(e) take photographs, video recordings or other visual or audio recordings that are relevant to the inspection; and

(f) question a person on matters relevant to the inspection.

Limitation re photographs and recordings

(2) A photograph or recording made under clause (1) (e) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Written demand

(3) A demand that a record or other thing be produced for inspection must be in writing and must state,

(a) the nature of the record or thing required; and

(b) when the record or thing is to be produced.

Obligation to produce and assist

(4) If an inspector demands that a record or other thing be produced for inspection, the person having custody of the record or other thing shall produce it for the inspector within the time provided for in the demand, and shall, upon the inspector’s demand,

(a) provide whatever assistance is reasonably necessary to produce a record in a readable form, including using a data storage, processing or retrieval device or system; and

(b) provide whatever assistance is reasonably necessary to interpret a record for the inspector.

Power to exclude persons

(5) An inspector who questions a person under clause (1) (f) may exclude from the questioning any person except counsel for the individual being questioned.

Return of things

(6) A record or other thing that has been removed for review and copying,

(a) shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and

(b) shall be returned to the person within a reasonable time.

Definition of record

(7) In this section,

“record” means any document or record of information, in any form, including a record of personal information.

Warrants

33 (1) An inspector may, without notice, apply to a justice for a warrant under this section.

Issuance of warrant

(2) A justice may issue a warrant authorizing an inspector named in the warrant to enter the premises specified in the warrant, and to exercise any of the powers mentioned in section 32, if the justice is satisfied on information under oath or affirmation,

(a) that,

(i) an amateur combative sport contest or exhibition or professional combative sport contest or exhibition is being held or is scheduled to be held at the premises or where the inspector suspects on reasonable grounds that such a contest or exhibition is being held or is scheduled to be held, or

(ii) the inspector suspects on reasonable grounds that a person has not complied with or is not complying with this Act or the regulations; and

(b) that,

(i) the inspector has been prevented from exercising a right of entry to the premises under section 31 or a power under subsection 32 (1), or

(ii) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under section 31 or a power under subsection 32 (1).

Dwellings

(3) The power to enter a premises described in subsection (2) with a warrant shall not be exercised to enter a premises that is used as a dwelling, except where,

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

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

Expert help

(4) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the inspector in the execution of the warrant.

Expiry of warrant

(5) A warrant issued under this section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued.

Extension of time

(6) A justice may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the warrant.

Police assistance, etc.

(7) An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant.

Other matters

(8) Subsections 32 (3) to (7) apply, with necessary modifications, with respect to the exercise of the powers mentioned in subsection (2) under a warrant issued under this section.

Definition

(9) In this section,

“justice” means a provincial judge or a justice of the peace.

Inspection report

34 After completing an inspection, an inspector shall prepare an inspection report and, if the inspector is not the Commissioner, give a copy of the report to the Commissioner.

Admissibility of certain documents

35 A copy made under subsection 32 (1) that purports to be certified by the inspector as being a true copy of the original is admissible in evidence in any proceeding to the same extent as, and has the same evidentiary value as, the original.

Enforcement

Compliance order

36 (1) If the Commissioner or an inspector believes on reasonable grounds that a person is not in compliance with a provision of this Act or the regulations, the Commissioner or inspector may make a compliance order,

(a) ordering the person to comply with the provision;

(b) ordering the person to do or refrain fr