T004 - Wed 2 Jun 2010 / Mer 2 jun 2010

STANDING COMMITTEE ON REGULATIONS AND PRIVATE BILLS

COMITÉ PERMANENT DES RÈGLEMENTS ET DES PROJETS DE LOI D’INTÉRÊT PRIVÉ

Wednesday 2 June 2010 Mercredi 2 juin 2010

LUSO CANADIAN CHARITABLE SOCIETY ACT (TAX RELIEF), 2010

ONTARIO INSTITUTE
OF THE PURCHASING MANAGEMENT ASSOCIATION OF CANADA INC.
ACT, 2010

SANDRINGHAM DEVELOPMENTS LTD. ACT, 2010

The committee met at 0902 in room 151.

The Chair (Mr. Michael Prue): Welcome, members of the committee, ladies and gentlemen. We have three items on the agenda; however, the first item is problematic. We are awaiting a document ostensibly coming from Winnipeg. So I’m proposing that we hold the first item down to see whether it arrives before the conclusion of the meeting so that we can continue. I trust that’s okay, Mr. Redway.

Mr. Alan Redway: That’s fine.

The Chair (Mr. Michael Prue): Okay, thank you.

LUSO CANADIAN CHARITABLE SOCIETY ACT (TAX RELIEF), 2010

Consideration of Bill Pr34, An Act respecting the Luso Canadian Charitable Society.

The Chair (Mr. Michael Prue): What we’re going to do then is proceed with Bill Pr34, An Act respecting the Luso Canadian Charitable Society. I would like to call forward the sponsor, Laura Albanese, and the applicant, Andrew Paton, legal counsel, and any others to come forward. If you could introduce yourselves, and after the introductions the floor is yours, Ms. Albanese.

Mrs. Laura Albanese: Well, thank you, Mr. Chair—

The Chair (Mr. Michael Prue): No, first of all he has to say who he is for Hansard.

Mr. Andrew Paton: My name is Andrew Paton.

Mrs. Laura Albanese: Thank you, Mr. Chair, and to all the members of the committee I’m very pleased to be here this morning to sponsor this bill. The applicant is the Luso Canadian Charitable Society, previously known as the Society of Portuguese Disabled Persons Building Fund. This is an important organization in the riding of York South–Weston and I’m here with Mr. Andrew Paton, who will speak to the bill briefly.

The Chair (Mr. Michael Prue): Do you have any comments?

Mr. Andrew Paton: I really don’t have any comments, Mr. Chair. I think that the material contained in my letter of March 19, the submission with the compendium, fairly clearly outlines what Luso Canadian Charitable Society is and what it does, but I’d be happy to answer any questions if there are any.

The Chair (Mr. Michael Prue): Okay. Before that, I have to ask if there are any other interested parties. Anyone else here to speak to this bill? Seeing none, parliamentary assistant, are there any comments from the government?

Mrs. Donna H. Cansfield: No comments from the government.

The Chair (Mr. Michael Prue): Okay. Any questions from committee members? Mr. Ruprecht.

Mr. Tony Ruprecht: First, thank you very much, Mr. Chair. I’d like to congratulate Laura Albanese for pushing this bill so hard. I think she deserves some credit for it.

Second, I’d like to say just a few words about Mr. Andrew Paton, who served with me on city council in the city of Toronto from 1978—

Mr. Andrew Paton: You had hair then. Remember that?

Mr. Jeff Leal: What colour was it?

Mr. Andrew Paton: That one, I won’t get into.

Interjections.

Mr. Tony Ruprecht: In any case, I’m very happy to see you and also to recognize the hard work you put into this bill. Congratulations, and I hope to see you again one of these days.

Mr. Andrew Paton: Thank you.

The Chair (Mr. Michael Prue): Any other questions or comments?

Mr. Gilles Bisson: Mine is just a procedural one.

The Chair (Mr. Michael Prue): Mr. Bisson.

Mr. Gilles Bisson: To the legislative counsel: An organization can apply for exemption from paying municipal taxes. What is the threshold that the province wants people to meet to be able to get to that point? Do they have to have municipal support? How does it work?

Ms. Susan Klein: I don’t know what the government’s criteria are; that would be a policy question. The way the legislation works is, the legislation doesn’t actually give the tax relief. The legislation allows the municipality to pass a bylaw giving the tax relief. It’s done by the municipality. We don’t need their approval. They need to take the action to give the tax relief. So it’s in the municipality’s hands.

Mr. Gilles Bisson: A follow-up question on the same thing: I know, at times, municipalities have agreed to not charge municipal taxes, let’s say, to the Legion or some organization within the community. But I’ve never seen it have to come to a bill. Do they also have the authority to do it themselves without a statute? I’m just trying to figure—

Ms. Susan Klein: There is some, but I think it only goes up to 40%. I’m not 100% sure, but there is something in the Municipal Act, 2001.

Mr. Gilles Bisson: Maybe the proponent can answer that question. I’m in support of what you’re doing, but I just want to—

Mr. Andrew Paton: Yes, there is a provision that the municipality can give a certain amount of relief, and it is up to 40%.

Mr. Gilles Bisson: So the maximum is 40% that the municipality can give, and if you want to go beyond that threshold, you need to have a statute.

Mr. Andrew Paton: Yes, and as counsel has indicated, we do have the support of the city of Toronto. If this bill is passed, we then go back to the city, and the city now has the authority to pass a bylaw—and we assume they will pass the bylaw, since they’ve told the Legislature that they’re in support of this.

Mr. Gilles Bisson: Okay. Thank you.

The Chair (Mr. Michael Prue): Any other questions? Any other comments? Seeing none, are the members ready to vote?

Mr. Tony Ruprecht: Yes.

The Chair (Mr. Michael Prue): Yes? Okay. If I can just get the sheet—

Interjection: It’s behind you.

The Chair (Mr. Michael Prue): It’s behind me. Look at that. I just don’t want to miss anything.

Shall section 1 carry? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall section 4 carry? Carried.

Shall section 5 carry? Carried.

Shall section 6 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill to the House? Agreed.

Okay, the next item, if there is a motion—

Interjection.

The Chair (Mr. Michael Prue): Yes?

Mr. David Caplan: Mr. Chair, it has been the practice of this committee, when charitable groups come forward, that we waive the fees associated with private—

The Chair (Mr. Michael Prue): You anticipated my question.

Mr. David Caplan: Ah, well, Mr. Chair. If you’ll allow, I’ll move that fees be waived for the Luso Canadian Charitable Society.

The Chair (Mr. Michael Prue): Okay, we have a motion to waive the fees related to this application. Mr. Bisson?

Mr. Gilles Bisson: I should know this, but how much is the fee nowadays?

The Clerk pro tem (Mr. Trevor Day): It’s really just the printing costs of the bill—

Mr. Gilles Bisson: Yes, and that’s what I’m wondering—the total—just out of curiosity. I’m not opposing. I’m just trying to—

The Clerk pro tem (Mr. Trevor Day): It’s in the neighbourhood of $200 to $300.

The Chair (Mr. Michael Prue): I’m advised by the clerk it’s in the neighbourhood of $200 to $300.

Mr. Gilles Bisson: I’ll write you a cheque. The province doesn’t have the money. We have a deficit, so I’ll write you a cheque.

Mr. David Caplan: Those New Democrats are flush.

The Chair (Mr. Michael Prue): All right. There is a motion to waive fees. Any other discussion? Seeing no other discussion, all those in favour? Opposed? That carries.

I thank everyone. We’ll go on to the next item.

Mrs. Laura Albanese: Thank you very much.

ONTARIO INSTITUTE
OF THE PURCHASING MANAGEMENT ASSOCIATION OF CANADA INC.
ACT, 2010

Consideration of Bill Pr35, An Act respecting the Ontario Institute of the Purchasing Management Association of Canada Inc.

The Chair (Mr. Michael Prue): The next item is Bill Pr35, which is An Act respecting the Ontario Institute of the Purchasing Management Association of Canada Inc.

The sponsor is Mr. Rinaldi.

Interjection.

The Chair (Mr. Michael Prue): Okay. Ms. Cansfield, I understand that you’re going to do that?

Mrs. Donna H. Cansfield: I can sit here?

The Chair (Mr. Michael Prue): Yes.

Mrs. Donna H. Cansfield: Great.

The Chair (Mr. Michael Prue): The applicant—I have listed three people: R. David Fletcher, president and chief executive officer; Sandra Gilmer, member of the board; and Danielle Waldman, counsel. I assume that is the three of you.

Mr. R. David Fletcher: That’s right.

The Chair (Mr. Michael Prue): Just for the record of Hansard, so they know, could you each identify who you are?

Ms. Sandra Gilmer: Sandra Gilmer.

Mr. R. David Fletcher: R. David Fletcher.

Ms. Danielle Waldman: Danielle Waldman.

The Chair (Mr. Michael Prue): Perfect. Ms. Cansfield, the floor is yours.

Mrs. Donna H. Cansfield: Thank you very much, Chair. I’m pleased to sponsor, on behalf of provincial member Lou Rinaldi, Bill Pr35, An Act respecting the Ontario Institute of the Purchasing Management Association of Canada Inc., and I will let the applicants speak to this.

The Chair (Mr. Michael Prue): Thank you very much. Applicant?

Mr. R. David Fletcher: Thanks very much. We really appreciate the opportunity to sit before members of the committee to address our bill today. The information of the bill is outlined in the compendium that was provided to you.

Essentially we’re seeking the bill to have special legislation to amend our current act to allow us the privilege and ability to award the designation “certified supply chain management professional” in addition to our current designation, “certified professional purchaser.”

We are doing this as a way of reflecting the evolving nature of our profession as supply chain management and to ensure that our members reach the proper standards of professional conduct and capabilities as they move forward.

That’s essentially the gist of the bill, and I’d be happy to answer any questions you may have.

The Chair (Mr. Michael Prue): Thank you. Before we do that, I have to ask: Are there any interested parties in the room? Anyone who has come to speak to this?

Seeing none, parliamentary assistant, are there any comments from the government?

Mrs. Donna H. Cansfield: The government is not opposed.

The Chair (Mr. Michael Prue): Okay. Any questions from committee members? Mr. Bisson.

Mr. Gilles Bisson: Well, just a couple of questions just to better understand. You currently have an act and that act does what? It just constitutes your corporate structure?

Mr. R. David Fletcher: It constitutes our corporate structure as a self-regulating body for the supply chain management profession, and it dictates the structure of our organization, the Ontario Institute of PMAC, and allows us to award the designation “certified professional purchaser.”

Mr. Gilles Bisson: Currently?

Mr. R. David Fletcher: Currently.

Mr. Gilles Bisson: So what is this needed for, if you already currently have that?

Mr. R. David Fletcher: The profession of purchasing and procurement has evolved over the years. It’s now a broader profession known as supply chain management, which incorporates procurement, purchasing, transportation, logistics and that kind of—

Mr. Gilles Bisson: What I thought you said was that you currently have the right to grant certification under the current act.

Mr. R. David Fletcher: That’s correct.

Mr. Gilles Bisson: So how would this be different? What does this give you that you don’t have now?

Mr. R. David Fletcher: This would give us the ability to award a designation called “certified supply chain management”—

Mr. Gilles Bisson: Which is not stated in the current act.

Mr. R. David Fletcher: That’s correct.

Mr. Gilles Bisson: Oh, I see. All right. Fairly straightforward. Thank you.

The Chair (Mr. Michael Prue): Any other questions or comments? Seeing none, are members ready to vote?

Mr. Kim Craitor: Yes, always ready.

The Chair (Mr. Michael Prue): Okay. Then, shall section 1 carry? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall section 4 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill to the House? Agreed.

Thank you very much.

I understand the certificate is not here. We have one of two choices. If a member wants, if you anticipate it might come in the next half-hour—

Interjection.

The Chair (Mr. Michael Prue): No, no, just listen. If you think it might come in the next half-hour, if somebody proposes a recess, if that is acceptable, because I don’t want—this bill then would not come back until September. So if somebody wants to move a recess until a quarter to 10—

Mr. Kim Craitor: Recess.

Interjection: So moved.

The Chair (Mr. Michael Prue): If it’s not here by then, I don’t think there’s much we can do. So, we’ll recess till a quarter to 10 and we’ll hope in the next half hour it arrives.

We are recessed until a quarter to 10.

The committee recessed from 0914 to 0952.

SANDRINGHAM DEVELOPMENTS LTD. ACT, 2010

Consideration of Bill Pr33, An Act to revive Sandringham Developments Ltd.

The Chair (Mr. Michael Prue): We’ll call the meeting to order. We have good news that the requested document has arrived, which will allow the bill to proceed. Therefore, we’re going to call the bill, An Act to revive Sandringham Developments Ltd.

I see that everyone is already there. Just for the record, please introduce yourselves for the purposes of Hansard.

Mr. Alan Redway: I’m Alan Redway, counsel.

Mr. Noordin Esmail: Noordin Esmail.

Mr. David Caplan: I’m David Caplan, MPP, Don Valley East.

The Chair (Mr. Michael Prue): Mr. Caplan, you are the sponsor. The floor is yours.

Mr. David Caplan: I was contacted by Mr. Redway as to whether I’d be agreeable to sponsor. I believe it’s a rather non-controversial matter, and I hope the committee will support the bill. I’ll let Mr. Redway talk about its contents.

The Chair (Mr. Michael Prue): Mr. Redway, the floor is yours.

Mr. Alan Redway: Basically, this is a bill to revive a company which went through the process of dissolving quite legally and then discovered that the agreement they had entered into in the development of this land in Brampton suddenly came forth with some more financial results, and in order to obtain the benefit of that, they have to revive the corporation. That’s basically what it’s all about.

The Chair (Mr. Michael Prue): Does the applicant have any comments?

Mr. Noordin Esmail: Well, he said this will be extremely short.

The Chair (Mr. Michael Prue): All right. Are there any interested parties to this application? Seeing none, parliamentary assistant, are there any comments from the government?

Mrs. Donna H. Cansfield: No. We’re not opposed.

The Chair (Mr. Michael Prue): Committee members, any questions? Mr. Bisson.

Mr. Gilles Bisson: So it was a land development?

Mr. Alan Redway: It was a land development, that’s right, in Brampton. It’s part of a group of companies that were involved in this. Not being an absolute expert on this myself, I gather, as you can see from the compendium number 2, that traditionally they have a cost-sharing agreement with a trustee. The idea is that the trustee ultimately makes a final accounting for the funds after they’ve been collected and all the bills have been paid etc. We thought all of that had been done back in 2004, but in 2009 we got a letter from the lawyers for the trustee that said, “Wait a minute. We’re still paying bills and finalizing things and there’s still some money here.”

Mr. Gilles Bisson: Why was that? Because there was some land that wasn’t sold, or something? I’m trying to figure out where the money came from.

Mr. Alan Redway: It was being developed bit by bit. The land that we have, as I understand it, had been developed before, or houses had been built and sold off before. But there were other people involved in this, other companies and corporations that owned land, that were part of this trust agreement. The concept of the trust is that everybody shares the whole bundle.

Mr. Gilles Bisson: What’s left to be shared? Is it money or is it property?

Mr. Alan Redway: Yes, it’s money.

Mr. Gilles Bisson: Is it a sizeable amount of money?

Mr. Alan Redway: I’m told initially it’s $150,000 for Sandringham.

Mr. Gilles Bisson: Are you going to ask us to waive the fees now?

Mr. David Caplan: We only do that for charity.

Mr. Gilles Bisson: I was just wondering. Maybe there was some, you know—alright, thank you.

The Chair (Mr. Michael Prue): Mr. Leal.

Mr. Jeff Leal: Mr. Redway, basically there would have been a number of interests. It’s like a typical subdivision agreement?

Mr. Alan Redway: Absolutely.

Mr. Jeff Leal: There were various players that had shares in the subdivision agreement, and as it got built out, your client had part of that and the corporation was handling that portion of that subdivision? Is that correct?

Mr. Alan Redway: That’s correct.

Mr. Jeff Leal: Very good.

Interjection.

Mr. Alan Redway: He was on municipal council and he dealt with these—

Mr. Jeff Leal: As a city councillor in Peterborough, I remember some of these joint subdivision agreements before and people would come back a decade later and find out that they had proceeds as it got built out to its final description.

Mr. Alan Redway: Exactly. That’s exactly what has happened here.

The Chair (Mr. Michael Prue): Any other questions? Seeing none, are the members ready to vote? I assume so.

Shall section 1 carry? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill to the House? Yes.

Thank you very much. I think that concludes our business for today. Thank you for being patient.

Mr. Alan Redway: Thank you, Chair and members of the committee, for your indulgence and your help, and Mr. Day for all his great efforts in making sure that this happened.

The Chair (Mr. Michael Prue): Thank you. We’re adjourned.

The committee adjourned at 0959.

CONTENTS

Wednesday 2 June 2010

Luso Canadian Charitable Society Act (Tax Relief), 2010, Bill Pr34, Mrs. Albanese T-29

Mr. Andrew Paton

Mrs. Laura Albanese

Ontario Institute of the Purchasing Management Association of Canada Inc. Act, 2010, Bill Pr35, Mr. Rinaldi T-30

Mr. R. David Fletcher

Mrs. Donna H. Cansfield

Sandringham Developments Ltd. Act, 2010, Bill Pr33, Mr. Caplan T-31

Mr. Alan Redway

Mr. Noordin Esmail

Mr. David Caplan

STANDING COMMITTEE ON REGULATIONS AND PRIVATE BILLS

Chair / Président

Mr. Michael Prue (Beaches–East York ND)

Vice-Chair / Vice-Président

Mr. Paul Miller (Hamilton East–Stoney Creek / Hamilton-Est–Stoney Creek ND)

Mr. David Caplan (Don Valley East / Don Valley-Est L)

Mr. Kim Craitor (Niagara Falls L)

Mr. Jeff Leal (Peterborough L)

Mr. Gerry Martiniuk (Cambridge PC)

Mr. Paul Miller (Hamilton East–Stoney Creek / Hamilton-Est–Stoney Creek ND)

Mr. Bill Murdoch (Bruce–Grey–Owen Sound PC)

Mr. Michael Prue (Beaches–East York ND)

Mr. Lou Rinaldi (Northumberland–Quinte West L)

Mr. Tony Ruprecht (Davenport L)

Substitutions / Membres remplaçants

Mr. Gilles Bisson (Timmins–James Bay / Timmins–Baie James ND)

Mrs. Donna H. Cansfield (Etobicoke Centre / Etobicoke-Centre L)

Clerk pro tem / Greffier par intérim

Mr. Trevor Day

Staff / Personnel

Ms. Susan Klein, legislative counsel