Bill 152, Services Improvement Act, 1997

Ecker, Hon. Janet Minister of Community and Social Services

Versions

[36] Bill 152 As Amended by Standing Committee (PDF)

bill152e.htm

Bill 152 1997

An Act to improve Services, increase Efficiency and benefit Taxpayers by eliminating Duplication and reallocating Responsibilities between Provincial and Municipal Governments in various areas and to implement other aspects of the Government's "Who Does What" Agenda

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

1. (1) Schedules A, B, C, D and E are hereby enacted. Same

(2) The Social Housing Funding Act, 1997, as set out in Schedule F, is hereby enacted. Commencement

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

(2) The schedules to this Act come into force as provided in the commencement section at or near the end of each schedule. Short title

3. The short title of this Act is the Services Improvement Act, 1997.

SCHEDULE A

AMENDMENTS TO THE

AMBULANCE ACT AND THE

HEALTH FACILITIES SPECIAL ORDERS ACT Amendments to the

Ambulance Act

1. The Ambulance Act is amended by inserting the following heading immediately before section 1:

PART I

DEFINITIONS

2. (1) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59, is further amended by adding the following definition:

"air ambulance services" includes all services provided by an ambulance service in connection with the transportation of persons by air. ("services d'ambulance ariens")

(2) The definition of "ambulance service" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 32, section 59, is amended by striking out "means a service, including the service of dispatching ambulances," in the first and second lines and substituting "means, subject to subsection (2), a service". y

(3) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59, is further amended by adding the following definitions:

"communication service" means a communication service referred to in clause 4 (1) (a); ("service de communication")

"delivery agent" means a person or organization designated as a delivery agent under subsection 6.7 (1) and includes a delivery agent under section 6.10; ("agent de prestation")

"designated area" means an area designated under subsection 6.7 (3) and includes an area deemed to be a designated area under section 6.10; ("zone dsigne")

"land ambulance services" includes all services provided by an ambulance service in connection with the transportation of persons by land; ("services d'ambulance terrestres")

"local municipality" means a city, other than the City of Toronto, a town, village and township, and includes a band within the meaning of the Indian Act (Canada). ("municipalit locale")

(4) The definition of "municipality" in section 1 of the Act is repealed.

(5) The definition of "operator" in section 1 of the Act is repealed and the following substituted:

"operator" means a person licensed to operate an ambulance service under this Act. ("exploitant")

(6) The definition of "resident" in section 1 of the Act is repealed.

(7) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59, is further amended by adding the following definition:

"upper-tier municipality" means a county, a regional or district municipality, the County of Oxford and includes the City of Toronto, the County of Prince Edward and the Municipality of Chatham-Kent. ("municipalit de palier suprieur")

(8) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59, is further amended by adding the following subsection: Definition, "ambulance service"

(2) In Parts III and IV,

"ambulance service" includes only those ambulance services, as defined in section 1, that provide transportation by land.

3. The Act is amended by inserting the following heading immediately before section 2:

PART II

PROVINCIAL RESPONSIBILITIES

4. Section 3 of the Act is repealed.

5. (1) Clause 4 (1) (a) of the Act is amended,

(a) by striking out "development" in the first line and substituting "existence"\; and

(b) by striking out "of effectual ambulance communications facilities" in the third, fourth and fifth lines and substituting "communication services used in dispatching ambulances".

(2) Clause 4 (1) (b) of the Act is repealed.

(3) Clause 4 (1) (c) of the Act is amended,

(a) by striking out "operate, alone" in the first and second lines and substituting "operate communication services, alone"\; and

(b) by striking out "ambulance services, intercommunication systems in connection with ambulance services and storage depots for the equipment and supply of ambulances" in the third, fourth, fifth, sixth and seventh lines and substituting "and to fund such services".

(4) Clauses 4 (1) (d), (e), (f) and (g) of the Act are repealed and the following substituted:

(d) license persons to operate ambulance services, establish standards for the management, operation and use of those services and ensure compliance with those standards;

(e) monitor, inspect and evaluate ambulance services and investigate complaints respecting ambulance services; and

(f) fund and ensure the provision of air ambulance services.

(5) Subsection 4 (2) of the Act is repealed and the following substituted: Powers of Minister

(2) The Minister has, in addition to the powers under subsection (1), the power,

(a) to establish and operate, alone or in co-operation with one or more organizations, institutes and centres for the training of personnel for ambulance services and communication services;

(b) to require hospitals to establish, maintain and operate ambulance services and communication services;

(d) to designate hospitals as base hospitals that shall monitor the quality of the care provided by ambulance services in the regions and districts established by the Minister under clause (c) and perform such other functions as may be assigned to them by regulation. Grants by Minister

(3) The Minister may make grants to upper-tier municipalities, local municipalities, delivery agents and operators for the purpose of ensuring the provision of services under this Act.

6. Sections 5 and 6 of the Act are repealed and the following substituted:

PART III

RESPONSIBILITIES OF UPPER-TIER MUNICIPALITIES Definition

5. In this Part,

"protection period" means the two-year period that begins on January 1, 1998 and ends on December 31, 1999. Municipal responsibilities

6. (1) Every upper-tier municipality shall,

(a) on and after January 1, 1998 and except as otherwise provided by regulation, be responsible for all costs associated with the provision of land ambulance services in the municipality; and

(b) on and after January 1, 2000, be responsible for ensuring the proper provision of land ambulance services in the municipality in accordance with the needs of persons in the municipality. Responsibility outside municipality

(2) Nothing in this Part prevents a communication service from dispatching ambulances from within an upper-tier municipality to areas outside the municipality.

b Same, agreements as between municipalities

(2.1) If an ambulance is dispatched from an ambulance service situated in an upper-tier municipality or in a local municipality to an area situated in another upper-tier municipality or local municipality, the affected upper-tier and local municipalities may enter into an agreement with respect to the costs associated with the provision of land ambulance services in both municipalities. Agreements, application

(2.2) Subsection (2.1) only applies with respect to a local municipality that does not form part of an upper-tier municipality for municipal purposes. Conflict

(2.3) If there is a conflict between a provision in this Act or a regulation and a provision in an agreement made under subsection (2.1), the provision in the Act or regulation prevails. y Province to provide services during protection period

(3) Until January 1, 2000, the Minister shall ensure the proper provision of land ambulance services throughout the Province. Early responsibility for provision of services

(4) Despite clause (1) (b) and subsection (3), and subject to section 6.3, at any time during the protection period, any upper-tier municipality may, with the approval of the Minister, assume responsibility for ensuring the proper provision of land ambulance services in the municipality in accordance with the needs of persons in the municipality. Discharge of responsibilities

(5) In discharging its responsibility under clause (1) (b) or subsection (4), an upper-tier municipality shall,

(a) select the persons who, if licensed to operate an ambulance service under section 8 or 9, will provide land ambulance services in the municipality;

(b) enter into such agreements as are necessary to ensure the proper management, operation and use of ambulance services by the selected persons; and

(c) ensure the supply of vehicles, equipment, services, information and any other thing necessary for the proper provision of land ambulance services by the selected persons. Same, selection of operator

(6) The selection of a person who will provide land ambulance services in an upper-tier municipality shall,

(a) during the protection period, be made in accordance with sections 6.4 and 6.5; and

(b) after the protection period, be made in accordance with section 6.1. Selection of operator

6.1 (1) After the protection period, the selection of a person who will, if licensed to operate an ambulance service under section 8 or 9, provide land ambulance services in an upper-tier municipality shall be made by the upper-tier municipality in the following circumstances:

1. Where a licence is surrendered by an operator who provides land ambulance services in the municipality.

2. Where a licence to operate an ambulance service that provides land ambulance services in the municipality is revoked or not renewed under this Act.

3. Where a municipality has entered into an agreement with another person for the provision of land ambulance services and the municipality does not renew the agreement.

4. Where a new ambulance service is required to provide land ambulance services in the municipality. Notice of surrender

(2) An operator who provides land ambulance services in an upper-tier municipality shall give the municipality at least 90 days notice of intention to surrender a licence to operate an ambulance service. Notice of proposal to revoke, etc.

(3) Upon giving an operator notice under section 14 of a proposal to revoke or to refuse to renew a licence to operate an ambulance service that provides land ambulance services in an upper-tier municipality, the Director shall give the municipality a copy of the notice. Manner of selecting person

(4) In selecting a person under this section, an upper-tier municipality shall,

(a) select a person pursuant to a request for proposals issued by the municipality; or

(b) provide land ambulance services itself. Criteria for selection

(5) An upper-tier municipality shall ensure, in providing land ambulance services itself or in selecting the person who will provide those services, that either the municipality or the other person, as the case may be, meets the criteria applied by the Ministry when determining whether to issue a licence to operate an ambulance service to a person. Responsibility to ensure continuity of service

(6) If, for any reason, a licence to operate an ambulance service expires or is surrendered, suspended, revoked or not renewed before a person is selected under this section to provide land ambulance services, the upper-tier municipality shall,

(a) select a person who, if issued a temporary licence to operate an ambulance service under section 9, will provide land ambulance services in the municipality on an interim basis; or

(b) provide the services itself on an interim basis if it is issued a temporary licence to operate an ambulance service under section 9. By-laws

6.2 (1) The council of an upper-tier municipality or of a local municipality may pass by-laws relating to the establishment or acquisition of an ambulance service and the maintenance, operation and use of such a service. Same

(2) The council of an upper-tier municipality may pass by-laws with respect to ensuring the provision of land ambulance services in the municipality. Conflict

(3) A by-law passed under this section is without effect to the extent that it conflicts with a regulation, an order made under this Act or a condition of a licence issued under this Act.

b Two-year protection period for certain operators

6.3 (1) Subject to section 6.5, the following operators shall be entitled to continue to be licensed to operate an ambulance service until the end of the protection period:

1. A person who was licensed to operate an ambulance service immediately before the beginning of the protection period.

2. A person who is issued a licence to operate an ambulance service during the protection period if the ambulance service that the person is licensed to operate was, immediately before the licence is issued, operated by the Ministry. y Right to provide services, etc.

(2) A person referred to in paragraph 1 of subsection (1) who continues to be licensed to operate an ambulance service under this section shall, during the protection period, provide the same type of land ambulance services as the person provided before January 1, 1998 in the same manner as the services were provided before that day and shall be compensated on a similar basis as the person was compensated before that day.

b Same

(2.1) A person referred to in paragraph 2 of subsection (1) shall, during the protection period,

(a) provide the same type of land ambulance services as was provided by the Ministry before the day the person was licensed to provide those services;

(b) provide those services in the same manner as they were provided by the Ministry before that day; and

(c) be compensated for those services on a similar basis as the basis on which the Ministry paid for the provision of the services before that day. y Expiry of continued licence

(3) If a person referred to in subsection (1) continues to operate the ambulance service under this section until the end of the protection period, the licence held by the person at that time expires, despite section 20, with the end of the protection period. Non-renewal of licence

(4) If the licence of a person who continues to operate an ambulance service under this section expires at the end of the protection period, the Director shall not issue a licence to operate the service to that person at the end of the period unless the person is selected by an upper-tier municipality under section 6.4. Non-application

(5) Sections 12 to 16 do not apply to a refusal by the Director to issue a licence under subsection (4). First selection of operators by municipalities

6.4 (1) Subject to subsection (2), every upper-tier municipality shall, on or before September 30, 1999,

(a) select one or more persons who, if licensed to operate an ambulance service under section 8 or 9, will provide land ambulance services in all parts of the municipality on and after January 1, 2000; and

(b) provide the name of each selected person to the Director. Where no selection required

(2) An upper-tier municipality is not required under this section to select a person to provide land ambulance services in the whole of the municipality or to select a person to provide land ambulance services in a part of the municipality if, before September 30, 1999, a person was selected by the municipality under section 6.5 to provide land ambulance services in the whole of the municipality or in the part of the municipality, as the case may be. Same

(3) In selecting a person under this section, an upper-tier municipality shall,

(a) select a person pursuant to a request for proposals issued by the municipality;

(b) provide the land ambulance services itself; or

(c) if on September 30, 1999 a person other than the municipality is providing land ambulance services in the municipality, select that person and enter into an agreement with that person with respect to the provision of land ambulance services. Criteria for selection

(4) Subsection 6.1 (5) applies with necessary modifications to the selection of persons to provide land ambulance services under this section. Failure to select

(5) If, by September 30, 1999, an upper-tier municipality has not selected a person to provide land ambulance services in the whole or in any part of the municipality in accordance with this section, any person who on that day is providing land ambulance services in the whole or in the part of the municipality, as the case may be, shall, if licensed by the Director under section 8 or 9, continue to do so for a one-year period beginning on January 1, 2000. Same

(6) If the Director refuses to issue a licence to the person referred to in subsection (5), the upper-tier municipality shall,

(a) choose a person who, if issued a temporary licence to operate an ambulance service under section 9, shall provide land ambulance services in the municipality on an interim basis; or

(b) provide the services itself on an interim basis if it is issued a temporary licence to operate an ambulance service under section 9. Selection in subsequent year

(7) If, by September 30, 1999, an upper-tier municipality has not selected a person to provide land ambulance services as required by this section, the municipality may select the person on or before September 30 of any subsequent year, and the person so selected shall, if licensed by the Director under section 8 or 9, provide land ambulance services in the municipality on and after January 1 of the year that follows the year in which the selection was made. Same

(8) Subsections (1) to (6) apply with necessary modifications to the selection of a person to provide land ambulance services in an upper-tier municipality made by the upper-tier municipality in any year after 1999. No liability

(9) No action or other proceeding for damages or otherwise and, despite section 2 of the Expropriations Act, no claim for loss of business or good will under that Act shall be instituted against an upper-tier municipality, the Crown or any officer, employee or agent of, or independent contractor hired by, the municipality or the Crown for any act done in good faith in the exercise of a power under this section or for any alleged neglect, default or omission in the exercise in good faith of any power under this section. Surrender, etc., during protection period

6.5 (1) Nothing in section 6.3,

(a) prevents a person from surrendering a licence to operate an ambulance service during the protection period; or

(b) prevents the Director from revoking or refusing to renew a licence under section 12 during the protection period. Selection of operator during protection period

(2) If during the protection period an operator who provides land ambulance services in an upper-tier municipality surrenders his, her or its licence or if during that period the licence of such an operator is revoked or not renewed under this Act, the selection of another person to provide land ambulance services in the municipality shall be made,

(a) by the Minister; or

(b) if the municipality has assumed responsibility for the proper provision of land ambulance services in the municipality under subsection 6 (4), by the municipality. Notices

(3) Notice of intention to surrender a licence under this section and notice of the proposal to revoke or refuse to renew a licence under this section shall be given in accordance with subsections 6.1 (2) and (3). Manner of selection by municipality

(4) Subsections 6.1 (4), (5) and (6) apply with necessary modifications to the selection of an operator by an upper-tier municipality under this section. Where Minister selects

(5) If the Minister selects a person under clause (2) (a), the Minister shall select the person pursuant to a request for proposals that he or she issues. Responsibility of Minister to ensure continuity of service

(6) If, for any reason, a licence to operate an ambulance service expires or is surrendered, suspended, revoked or not renewed before the Minister completes the request for proposals under subsection (5), the Minister shall require the Director to issue a temporary licence to a person to provide the land ambulance services in the upper-tier municipality on an interim basis. Expiry of licence

(7) If, during the protection period, a person is selected by the Minister under clause (2) (a) to provide land ambulance services in an upper-tier municipality and is licensed by the Director to operate an ambulance service, the licence held by that person at the end of the protection period expires, despite section 20, with the end of the period. Province to pay during protection period

6.6 (1) Subject to subsection (8), during the protection period, the Province of Ontario shall pay for all costs associated with the provision of land ambulance services in upper-tier municipalities. Minister to determine costs

(2) The Minister shall determine the portion of the costs paid by the Province of Ontario under subsection (1) that are associated with the provision of land ambulance services in each upper-tier municipality. Reimbursement

(3) Except as otherwise provided by regulation, each upper-tier municipality shall reimburse the Province for all costs associated with the provision of land ambulance services within its boundaries. Notice

(4) The Minister shall give the municipality notice of the amount due to the Province and of the date on which the amount is payable. Payment

(5) An upper-tier municipality shall pay the amount set out in a notice under subsection (4) on or before the date specified in the notice. Determination final

(6) The determination by the Minister of the costs to be reimbursed by each upper-tier municipality is final. Debt due Crown

(7) Any amount due to the Minister by an upper-tier municipality under this section is a debt owing to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law. Where municipality to pay directly

(8) Except as otherwise provided by regulation, if an upper-tier municipality assumes responsibility under subsection 6 (4) for ensuring the proper provision of land ambulance services in the municipality during the protection period, the municipality shall pay for all the costs associated with the provision of land ambulance services in the municipality. Same

(9) An upper-tier municipality that is required to pay under subsection (8) shall pay the costs on a similar basis as the Province of Ontario would have paid had the municipality not assumed responsibility for the proper provision of land ambulance services.

PART IV

DELIVERY AGENTS Designation of delivery agents

6.7 (1) The Minister may by order designate an organization described in subsection (2) to act as the delivery agent for the purpose of funding and ensuring the proper provision of land ambulance services in areas that do not form part of an upper-tier municipality for municipal purposes. Same

(2) The following organizations may be designated as delivery agents under this section:

1. An upper-tier municipality or a local municipality.

2. An agency, board or commission established by the Province of Ontario. Designation of areas

(3) In an order under subsection (1), the Minister shall also designate the geographic area for which the delivery agent is designated. Application of Regulations Act

(4) The Regulations Act does not apply to an order under this section. Notice of designation

(5) The Minister shall, promptly after making an order under this section, give notice to every local municipality included in the designated area of the identity of the delivery agent designated for that area and the notice shall include a description of the designated area. Same, unorganized territory

(6) If territory without municipal organization is included in an area designated by order under this section, the Minister shall, promptly after making the order, publish notice of the order once in The Ontario Gazette and once in a newspaper of general circulation in the territory and the notice shall describe the area designated in the order and set out the identity of the delivery agent designated for the area. Powers and duties of delivery agent

6.8 (1) Subject to subsection (3), Part III applies with necessary modifications to a delivery agent as though it were an upper-tier municipality and a delivery agent has, with respect to the geographic area for which it is designated, all the powers, duties and responsibilities of an upper-tier municipality under Part III. Application

(2) Subject to subsection (3), Part III applies with necessary modifications to the designated area as though it was the area included in the boundaries of an upper-tier municipality. No early responsibility under subs. 6 (4)

(3) A delivery agent shall not assume responsibility under subsection 6 (4) for ensuring the proper provision of land ambulance services in a designated area. Payment of delivery agent's costs

6.9 (1) If a designated area consists only of one local municipality, the local municipality shall pay to the delivery agent all costs associated with the provision of land ambulance services in the designated area. Same, two or more local municipalities

(2) If a designated area consists of two or more local municipalities, all costs associated with the provision of land ambulance services in the designated area shall be apportioned among the local municipalities and paid by the local municipalities to the delivery agent in accordance with the regulations. Same, unorganized territories and local municipalities

(3) If a designated area includes one or more local municipalities and territory without municipal organization, all costs associated with the provision of land ambulance services in the designated area shall be apportioned among the local municipalities and the residents of the territory and paid by the local municipalities and by or on behalf of the residents to the delivery agent in accordance with the regulations and the portion of the costs apportioned to the residents of the territory shall be collected in accordance with the regulations. Same, unorganized territories

(4) If a designated area includes territory without municipal organization, all costs associated with the provision of land ambulance services in the designated area shall be apportioned among, and collected from, the residents of the territory and paid by or on behalf of the residents to the delivery agent in accordance with the regulations. Exception

(5) Subsection (4) does not apply in the circumstances prescribed by regulation. Apportionment of nil amounts

(6) A regulation may provide that the amount of costs apportioned to a local municipality or to all or part of territory without municipal organization is a nil amount. Collection of amounts in unorganized territories

(7) A regulation may provide that an amount to be paid by the residents of territory without municipal organization under this section be collected under the Provincial Land Tax Act and that the amount so collected be paid by the Province to the delivery agent. Regulation

(8) Despite subsections (1), (2), (3) and (4), the costs that a local municipality must pay under subsection (1) and the costs to be apportioned under subsection (2), (3) or (4) shall be, if a regulation made under section 22.0.1 applies to the delivery agent, the amount determined in accordance with the regulation. Where no designation

6.10 (1) If the Minister does not designate a delivery agent for an area of the Province that is not part of an upper-tier municipality for municipal purposes, the Ministry shall be deemed to be the delivery agent for that area for the purposes of this Act and the area shall be deemed to be a designated area for the purposes of this Act. Payment to Ministry

(2) If the Ministry is deemed to be the delivery agent for a designated area in accordance with subsection (1) and that area includes one or more local municipalities,

(a) the amount that each municipality must pay shall be determined in accordance with the regulations made under section 6.9 and, if applicable, with the regulations made under section 22.0.1\; and

(b) the time at which and the manner in which the amount is payable shall be determined in accordance with the regulations made under section 6.9. Notice of amount due

(3) The Minister shall give a local municipality notice of the amount due to the Ministry and of the date on which the amount is payable. Payment

(4) A local municipality shall pay the amount set out in a notice under subsection (3) on or before the date specified in the notice. Application

(5) Subsections 6.6 (6) and (7) apply with necessary modifications to an amount due by a local municipality under this section.

7. (1) Section 7 of the Act is repealed.

(2) This section applies only if subsection 1 (1) of the Government Process Simplification Act (Ministry of Health), 1996, being Bill 67, 1st Session, 36th Legislature, is not in force on the day this section comes into force.

8. The Act is amended by inserting the following heading immediately before section 8:

PART V

LICENCES

9. Section 8 of the Act is amended by inserting "under this section or under section 9" after "Director" in the third line.

10. (1) Section 9 of the Act is amended,

(a) by striking out "in accordance with the regulations" in the second line; and

(b) by striking out "a specified conveyance as an ambulance" in the third and fourth lines and substituting "an ambulance service".

(2) Section 9 of the Act is amended by adding the following subsection: Non-application

(2) Sections 12 to 16 do not apply to a refusal by the Director to renew a temporary licence.

11. Section 11 of the Act is amended by striking out "or" at the end of clause (c), by adding "or" at the end of clause (d) and by adding the following clause:

(e) where the past conduct of the applicant or, if the applicant is a corporation, of its officers or directors, affords reasonable grounds for the belief that the applicant has engaged in conduct that constitutes a contravention of the Competition Act (Canada).

12. The Act is amended by inserting the following heading immediately before section 17:

PART VI

GENERAL

13. Section 17 of the Act is amended by adding the following subsections: Service on municipality

(2) Any notice under this Act required to be served on a local or upper-tier municipality shall,

(a) if served personally, be served on the clerk or deputy-clerk of the municipality; or

(b) if served by registered mail, be sent to the office of the clerk or deputy-clerk of the municipality. Service on delivery agent

(3) Any notice under this Act required to be served on a delivery agent that is not a local or upper-tier municipality shall,

(a) if served personally and the delivery agent is a corporation, be served on an officer, director or agent of the corporation;

(b) if served personally and the delivery agent is an agency, board or commission, be served on a member, officer or agent of the agency, board or commission; or

14. (1) Subsection 18 (1) of the Act is amended,

(a) by striking out "Minister" in the first line and substituting "Director"\; and

(b) by inserting "and investigators" after "inspectors" in the first and second lines.

(2) Subsection 18 (2) of the Act is amended by inserting "or investigator" after "inspector" in the first line.

(3) Section 18 of the Act is amended by adding the following subsections: Provision of information

(2.1) An inspector or investigator may, upon entering premises under subsection (2) or at any other time, require an operator or the employee of an operator to provide any information relating to the inspection or investigation and to provide copies of any books, accounts or records as the inspector or investigator may specify. Compliance with request for information

(2.2) An operator or an employee of an operator shall comply with a request for the provision of information or copies of any books, accounts or records as soon as practicable.

15. Section 19 of the Act is amended,

(a) by striking out "a licensee" in the first line and substituting "an operator, other than a local or upper-tier municipality"\; and

(b) by striking out "licensee" in the second line and substituting "operator".

16. The Act is amended by adding the following section: Prohibition, fees

20.1 No person shall charge a fee or co-payment for or in connection with the transportation of a person by ambulance, unless the fee or co-payment is,

(a) a co-payment authorized under the Health Insurance Act\; or

(b) a fee under this Act.

17. Section 21 of the Act, as amended by the Statutes of Ontario, 1997, chapter 15, section 1, is repealed and the following substituted: Payment of co-payment by municipality or delivery agent

21. If a person who is transported in an ambulance is receiving general assistance from a municipality under the General Welfare Assistance Act or assistance under the Ontario Works Act, 1997 or is the dependant of a person receiving such assistance, the municipality or the delivery agent designated under the Ontario Works Act, 1997 is also liable for and shall pay that person's share of the ambulance service operator's fee as established under subsection 22.1 (2). y

18. (1) Clause 22 (1) (a) of the Act is amended,

(a) by striking out "conveyances" in the first and second lines and substituting "ambulances"\; and

(b) by striking out "and requiring the approval of the Director for the acquisition of such conveyances and equipment as are specified in the regulations" in the fourth, fifth, sixth and seventh lines.

(1.1) Subsection 22 (1) of the Act is amended by adding the following clause:

(a.1) prescribing standards for the equipment used in communication services and for their maintenance and repair.

(1.2) Clause 22 (1) (b) of the Act is amended by inserting "and communication services" after "ambulance services" in the second line.

(1.3) Clause 22 (1) (c) of the Act is amended by inserting "and by communication services" after "operators" in the third line.

(1.4) Clause 22 (1) (d) of the Act is amended by inserting "and communication services" after "ambulance services" in the second line. y

(2) Clause 22 (1) (e) of the Act is amended by adding "and of classes of licences" at the end.

(3) Subsection 22 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 59, is amended by adding the following clauses:

(e.1) prescribing the criteria to be applied in determining whether to issue a licence to a person under section 8 or 9;

(e.2) governing the costs associated with the provision of land ambulance services in an upper-tier municipality or designated area, including the method of determining such costs and the payment of the costs;

(e.3) governing the compensation to be paid by an upper-tier municipality or delivery agent to another upper-tier municipality or delivery agent in the event an ambulance is dispatched from an ambulance service situated in an upper-tier municipality or designated area to an area outside the municipality or designated area to which ambulances from the ambulance service are not regularly dispatched;

(e.0.4) governing agreements made under subsection 6 (2.1); y

(e.4) governing the apportionment and the payment of the costs of a delivery agent associated with the provision of land ambulance services in a designated area for the purposes of section 6.9;

(e.5) respecting the functions and duties of base hospitals and of communication services;

(e.6) prescribing anything that must or may be prescribed or that must or may be made in accordance with the regulations or as provided in the regulations.

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

b Same

(2) A regulation under clause (1) (e.2) or (e.3) may provide that it applies despite any provision in an agreement or class of agreements referred to in subsection 6 (2.1). Apportionment in upper-tier municipalities

(2.1) A regulation under clause (1) (e.2) may do one or more of the following:

1. Authorize local municipalities situated in an upper-tier municipality to determine by agreement how the costs associated with the provision of land ambulance services in the upper-tier municipality are to be apportioned among them.

2. Provide for an arbitration process to determine how the costs associated with the provision of land ambulance services in an upper-tier municipality are to be apportioned among the local municipalities situated in the upper-tier municipality.

3. Set out the manner in which the costs associated with the provision of land ambulance services in an upper-tier municipality are to be apportioned among the local municipalities situated in the upper-tier municipality. Agreements

(2.2) A regulation made under clause (1) (e.0.4) may be limited in application to specified municipalities or delivery agents. Apportionment in designated areas

(2.3) A regulation under clause (1) (e.4) may do one or more of the following:

1. Authorize local municipalities in a designated area to determine by agreement how the costs, or a part of the costs, of their delivery agent are to be apportioned among them.

2. Provide for an arbitration process to determine how the costs of a delivery agent are to be apportioned among the local municipalities and territory without municipal organization included in the designated area for which the delivery agent is responsible.

3. Set out the manner in which the costs of a delivery agent are to be apportioned among the local municipalities and territory without municipal organization included in a designated area and classify local municipalities for such purposes.

4. If a designated area includes territory without municipal organization, provide for the amount, or the method of determining the amount, of the costs of the delivery agent that is to be paid by the residents of the territory, set out the manner in which those costs are to be apportioned among the residents (and for that purpose classify the residents or areas of the territory) and provide for the collection of the amount by the Province, including collection under the Provincial Land Tax Act, and the payment of the amount collected to the delivery agent.

5. Exempt a delivery agent or class of delivery agent or a person or class of person from section 6.9 or from a regulation made under clause (1) (e.4). Same

(2.4) A regulation under paragraph 1 or 2 of subsection (2.1) or (2.3) may,

(a) provide for the manner in which costs are to be apportioned and for the time and manner in which they are to be paid, on an interim basis, until such time as an agreement is reached or as a determination is made by arbitration;

(b) permit an agreement or the arbitration decision to apply to costs incurred and paid before the agreement or the arbitration decision is reached; and

(2.5) A regulation under paragraph 3 of subsection (2.1) or (2.3) may provide that it applies despite any agreement or arbitration decision or class of agreement or arbitration decision, or any provision thereof, referred to in paragraph 1 or 2 of subsection (2.1) or (2.3). Same

(2.6) A regulation under subsection (2.1) or (2.3) may,

(a) prescribe the time and manner in which apportioned amounts must be paid to an upper-tier municipality or a delivery agent, as the case may be;

(b) require the payment of any penalty by any person or local municipality if payment is late;

(c) require the payment of interest if payment is late and prescribe the interest or the method of determining the interest. y Classes

(3) A regulation may create different classes of ambulances, ambulance services and operators and may establish different requirements, standards or conditions for each class created.

19. The Act is amended by adding the following section: Regulation re: costs payable by upper-tier municipalities

22.0.1 (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations providing that the following costs are to be determined in accordance with the regulations:

1. The costs for which an upper-tier municipality is responsible under Part III.

2. The costs for which a delivery agent is responsible under Part IV.

3. The costs referred to in section 6.9. Same

(2) A regulation under this section shall,

(a) provide that the costs associated with the provision of land ambulance services in two or more upper-tier municipalities or designated areas be shared among the municipalities or delivery agents otherwise responsible for the costs;

(b) provide for the allocation or the method of determining the allocation of those shared costs among the municipalities and delivery agents otherwise responsible for the costs;

(d) provide for the payment of the allocated amounts from one municipality or delivery agent to another. No allocation

(3) A regulation under this section may provide that no portion of the shared costs is to be allocated to an upper-tier municipality or to a delivery agent. Classes

(4) A regulation under this section may apply to such upper-tier municipalities or delivery agents, or classes thereof, as may be prescribed. Conflict

(5) A regulation under this section prevails over any provision in this Act with which it conflicts.

20. (1) Subsection 23 (1) of the Act is amended by striking out "$2,000" in the fifth line and substituting "$5,000".

(2) Subsection 23 (2) of the Act is amended by striking out "$25,000" in the fourth line and substituting "$100,000".

(3) Subsection 23 (3) of the Act is amended,

(a) by inserting after "inspector" in the second and third lines "or investigator"\;

(b) by inserting after "making an inspection" in the third and fourth lines "or conducting an investigation"\; and

(c) by striking out "$1,000" at the end and substituting "$2,500".

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

(3.1) Any person who refuses to comply with a request for information or for copies of any books, accounts or records made by an inspector or investigator under subsection 18 (2.1) is guilty of an offence and on conviction is liable to a fine of not more than $2,500. Amendments to the Health Facilities Special Orders Act

21. (1) Section 7 of the Health Facilities Special Orders Act is amended by adding the following subsection: Order by Minister, ambulance services

(1.1) Where a licence for an ambulance service is suspended under this Act and the Minister is of the opinion that the ambulance service should continue in operation in order to provide temporarily for the health and safety of persons in the community served by the ambulance service, the Minister by a written order, may, rather than taking control of and operating the ambulance service under subsection (1), select a person to manage, operate and administer the ambulance service and require the Director under the Ambulance Act to issue a temporary licence to that person.

(2) Subsection 7 (4) of the Act is amended by striking out "(1) or (3)" in the first line and substituting "(1), (1.1) or (3)".

(3) Subsection 7 (5) of the Act is amended by striking out "(1) or (3)" in the first line and substituting "(1), (1.1) or (3)".

(4) Section 7 of the Act is amended by adding the following subsection: Non-application

(8) Subsection (7) does not apply to costs to which section 7.1 applies.

(5) The Act is amended by adding the following section: Recovery of costs for ambulance services

7.1 (1) If the Minister takes control of an ambulance service that provides land ambulance services under subsection 7 (1) or selects a person to manage, operate and administer an ambulance service under subsection 7 (1.1), the upper-tier municipality or the delivery agent that is responsible for paying the costs associated with the provision of such services under the Ambulance Act shall reimburse the Minister for,

(a) any fees, costs and expenses incurred by the Minister in ensuring the provision of the land ambulance services in the upper-tier municipality or in the delivery agent's designated area, including the cost of any repairs under subsection 7 (6); and

(b) the amount of any compensation paid by the Minister under section 9 to a person who provides land ambulance services in the upper-tier municipality or designated area. Notice by Minister

(2) The Minister shall give the upper-tier municipality or delivery agent notice of the amount that the municipality or delivery agent is required to pay under subsection (1) and of the date on which payment is due. Payment

(3) The upper-tier municipality or delivery agent shall pay the amount set out in the notice on or before the date set out in the notice. Determination final

(4) The determination by the Minister of the amount due by an upper-tier municipality or a delivery agent is final. Debt due Crown

(5) Any amount due to the Minister by an upper-tier municipality or a delivery agent under this section is a debt owing to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law. Definitions

(6) In this section,

"delivery agent", "designated area", "land ambulance services" and "upper-tier municipality" have the same meaning as in the Ambulance Act. ("agent de prestation", "zone dsigne", "services d'ambulance terrestres", "municipalit de palier suprieur") Commencement Commencement

22. This Schedule comes into force on January 1, 1998.

SCHEDULE B

AMENDMENTS TO THE BUILDING CODE ACT, 1992, THE ENVIRONMENTAL PROTECTION ACT AND THE ONTARIO WATER RESOURCES ACT Amendments to the

Building Code Act, 1992

1. (1) The definition of "building" in subsection 1 (1) of the Building Code Act, 1992 is amended by striking out "or" at the end of clause (c) and by adding the following clause:

(c.1) a sewage system; or

. . . . .

(2) The definition of "inspector" in subsection 1 (1) of the Act is amended by striking out "3, 4 or 32" and substituting "3, 3.1, 4, 32 or 32.1".

2. (1) Subsection 3 (1) of the Act is amended by adding at the beginning "Subject to section 3.1".

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

(2.1) A person may be appointed as an inspector under this Act only if he or she meets the qualifications prescribed by the building code.

3. The Act is amended by adding the following section: Enforcement, boards of health

3.1 (1) A board of health or a conservation authority prescribed in the building code is responsible for the enforcement of the provisions of this Act and the building code related to sewage systems in the municipalities and territory without municipal organization prescribed in the building code. Inspectors

(2) The board of health or conservation authority shall appoint such sewage system inspectors as are necessary for the enforcement of this Act in the areas in which the board of health or conservation authority has jurisdiction under subsection (1). Powers

(3) A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the inspector designated by the board of health or conservation authority has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings. Jurisdiction

(4) A board of health or conservation authority prescribed for the purposes of subsection (1) has jurisdiction for the enforcement of this Act in the prescribed municipalities and territory without municipal organization. Responsibility

(5) If sewage system inspectors have been appointed under this section, the chief building official and inspectors appointed under section 3 or 4 shall not exercise their powers under this Act in respect of sewage systems. Certificate

(6) The medical officer of health or the secretary-treasurer of a conservation authority shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each sewage system inspector appointed by the board of health or conservation authority.

4. Subsection 4 (1) of the Act is amended by adding at the beginning "Subject to section 3.1".

5. Section 5 of the Act is amended by adding the following subsection: Application

(3) An agreement under this section may apply to the enforcement of all or any part of this Act or the building code.

6. Section 7 of the Act, exclusive of the clauses, is repealed and the following substituted: By-laws, regulations

7. The council of a municipality or of a county that has entered into an agreement under subsection 3 (5) or a board of health prescribed for the purposes of section 3.1 may pass by-laws, and the Lieutenant Governor in Council or a conservation authority prescribed for the purposes of section 3.1 may make regulations, applicable in the area in which the municipality, county, board of health, conservation authority or Ontario, respectively, has jurisdiction for the enforcement of this Act,

. . . . .

7. (1) Subsection 8 (1) of the Act is amended by striking out "in a municipality" in the third line.

(2) Clause 8 (3) (c) of the Act is amended by inserting "the board of health, the conservation authority" after "county" in the fourth line.

(3) Subsection 8 (5) of the Act is amended by inserting "the board of health, the conservation authority" after "county" in the fourth line.

8. Section 9 of the Act is amended by adding the following subsections: Conditions

(2) The chief building official may make the use of the materials, systems or building designs under subsection (1) subject to such conditions as he or she considers necessary, including conditions relating to the construction, operation or maintenance of the building. Same

(3) The chief building official may alter or revoke a condition.

9. The Act is amended by adding the following section: Prohibition

10.1 No person shall operate or maintain a sewage system or permit a sewage system to be operated or maintained except in accordance with this Act and the building code.

10. (1) Section 15 of the Act is amended by adding the following subsection: Sewage systems

(2.1) In addition to the criteria set out in subsection (2), a sewage system is unsafe if it is not maintained or operated in accordance with this Act and the building code.

(2) Clause 15 (5) (b) of the Act is amended by adding at the end "or take such other action as he or she considers necessary for the protection of the public".

11. Clause 18 (1) (f) of the Act is amended by striking out "responsible for the construction" in the first and second lines.

12. The Act is amended by adding the following section: Qualifications

18.1 No person shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless he or she meets the qualifications prescribed by the building code.

13. Section 19 of the Act is repealed and the following substituted: Obstruction

19. (1) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power or performing a duty under this Act. Occupied dwellings

(2) A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of subsection (1) unless the person is acting under a warrant issued under this Act or the circumstances described in clause 16 (1) (b), (c) or (d). Assistance

(3) Every person shall assist any entry, inspection, examination, testing or inquiry by a person exercising a power or performing a duty under this Act. Requirements

(4) No person shall neglect or refuse,

(a) to produce any documents, drawings, specifications, licences, certificates or things required under this Act;

(b) to provide any information required under this Act, including information related to any document, licence or certificate required under this Act; or

14. (1) Subsection 29 (1) of the Act is repealed and the following substituted: Rulings

(1) The Minister may, subject to such conditions as the Minister in his or her discretion considers appropriate, make rulings,

(a) approving the use of innovative materials, systems or building designs evaluated by a materials evaluation body designated in the building code; or

(b) adopting an amendment to a code, formula, standard, guideline, protocol or procedure that has been adopted by reference in the building code.

(2) Subsection 29 (5) of the Act is amended by inserting "under clause (1) (a)" after "Minister" in the first line.

(3) Subsection 29 (6) of the Act is amended by striking out "the ruling" in the third line and substituting "a ruling under clause (1) (a)".

(4) Subsection 29 (7) of the Act is amended by inserting "under clause (1) (a)" after "Minister" in the third and fourth lines.

15. Subsection 31 (2) of the Act is amended by striking out "or a board of health" in the third line and substituting "a board of health or a conservation authority".

16. The Act is amended by adding the following section: Sewage systems

32.1 (1) Despite any other provision of this Act, the council of a county and of one or more municipalities in the county may enter into an agreement for the enforcement by the county of the provisions of this Act and the building code related to sewage systems in the municipalities and for charging the municipalities the whole or part of the cost. Delegation

(2) A municipality that is not a party to an agreement under subsection (1) may enter into an agreement with a board of health or a conservation authority having jurisdiction in the municipality for the enforcement of the provisions of this Act and the building code related to sewage systems. Inspectors

(3) The county council, board of health or conservation authority may appoint sewage system inspectors for the purposes of this section. Powers

(4) A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the inspector designated by the county council, board of health or conservation authority has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings. Responsibility

(6) Subsection 3 (8) and section 7 apply with necessary modifications to a county council, board of health or conservation authority that has assumed responsibility for sewage systems under this section.

17. (1) Paragraph 9 of subsection 34 (1) of the Act is repealed and the following substituted:

9. adopting by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, formula, standard, guideline, protocol or procedure and requiring compliance with any code, formula, standard, guideline, protocol or procedure that is so adopted.

(2) Subsection 34 (1) of the Act is amended by adding the following paragraph:

14.1 prescribing the records to be kept by any person and the returns of information and reports to be made by any person and providing for the inspection and examination of the records.

(3) Paragraph 19 of subsection 34 (1) of the Act is repealed and the following substituted:

19. exempting any building or person or class thereof from compliance with all or any part of this Act and the regulations and prescribing conditions for the exemption. y

(4) Subsection 34 (1) of the Act is amended by adding the following paragraphs:

29. prescribing boards of health and conservation authorities that are responsible for the enforcement of the provisions of this Act related to sewage systems and the municipalities and territory without municipal organization in which they will have jurisdiction to carry out the enforcement;

30. permitting chief building officials, subject to such conditions as are set out in the building code, to allow the use of materials, systems and building designs other than those prescribed in the building code with respect to the construction of buildings;

31. governing the location of sewage systems;

32. designating areas in which any class of sewage system may not be established;

33. prescribing the qualifications of inspectors and persons described in section 18.1, including examinations that must be taken;

34. establishing a certification or licensing scheme for inspectors and persons described in section 18.1 which may include,

i. the suspension, cancellation or non-renewal of any certificate or licence,

ii. conditions that may be attached to any licence or certificate, including the manner in which persons described in section 18.1 carry out the activities specified in that section, and

iii. fees that must be paid in respect of the certification or licensing process;

35. prescribing an appeal from a refusal to issue or renew a licence or certificate or a suspension or cancellation of a licence or certificate;

35.1 designating persons and specifying powers of a chief building official or inspector that those designated persons may exercise to enforce this Act and the building code in relation to the qualifications of inspectors and of persons described in section 18.1 and establishing conditions for the exercise of those powers; y

36. prescribing any transitional matters necessary for the regulation of sewage systems, including matters relating to,

i. licensing and certification and the qualifications of inspectors and persons described in section 18.1,

ii. certificates of approval and orders issued under the Environmental Protection Act,

iii. enforcement issues,

iv. matters commenced under the Environmental Protection Act, including appeals,

v. records and documents to be kept or transferred and the payment of associated costs,

vi. certification of records and their use in courts and,

vii. the continuation of matters commenced under the Environmental Protection Act\;

36.1 permitting the Building Code Commission to sit in one or more divisions simultaneously upon such conditions as may be prescribed in the regulation;

36.2 authorizing one member of the Building Code Commission, with the approval of the chair or vice-chair, to hear and determine any matter and deeming the member to constitute the commission for that purpose, under such conditions as may be prescribed in the regulation; y

37. prescribing any matter referred to in this Act as prescribed.

(5) Clauses 34 (2) (b) and (c) of the Act are repealed and the following substituted:

(b) establishing standards for maintenance, operation, occupancy and repair;

(d) prescribing standards, methods and equipment for the inspection, cleaning, disinfecting and emptying of sewage systems.

(6) Subsection 34 (4) of the Act is repealed and the following substituted: Limited application

(4) Any regulation made under this section may be limited in its application territorially or to any class of activity, matter, person or thing. Same

(4.1) A class under this Act may be defined with respect to any attribute, quality or characteristic and may be defined to consist of, include or exclude any specified member whether or not with the same attributes, qualities or characteristics. Retroactive

(4.2) A regulation made under paragraph 36 of subsection (1) may be retroactive.

18. (1) Subsection 35 (2) of the Act is amended by inserting "or standards for the maintenance or operation of a sewage system" after "section 10" in the fifth line.

(2) Section 35 of the Act is amended by adding the following subsection: Interpretation

(3) For the purposes of this section,

"municipality" includes a county and a local board as defined in the Municipal Affairs Act.

19. Clause 36 (1) (c) of the Act is repealed and the following substituted:

20. The Act is amended by adding the following section: Suspension of licence

38.1 (1) If a person is in default of payment of a fine imposed upon conviction for an offence under this Act or the regulations, on the application of a prescribed person, an order may be made under subsection 69 (2) of the Provincial Offences Act directing that one or more of the licences of the person who is in default be suspended and no licence be issued to that person until the fine is paid. Duty of prescribed person

(2) A prescribed person shall,

(a) on being informed of an order referred to in subsection (1), suspend the licence in accordance with the order; and

(b) on being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the licence are paid, reinstate the licence. No reinstatement

(3) The prescribed person shall not reinstate a licence under clause (2) (b) if he or she is informed that,

(a) there is another outstanding order referred to in subsection (1) directing that the licence be suspended; or

(b) the licence is suspended under any other order or under another statute. Interpretation

(4) In this section,

"licence" means a licence issued under the building code. Amendments to the

Environmental Protection Act

21. The Environmental Protection Act is amended by adding the following section: Continuation

28. (1) If, except for the operation of Part VIII, a site would have been a waste disposal site under this Part or facilities would have been a waste management system under this Part, those sites and facilities are, on the day that Part VIII is repealed, continued as a waste disposal site or waste management system under this Part if a certificate of approval under section 77 or a permit under section 78 or both were issued and remain in force in respect of such works. Same

(2) The certificate of approval or permit or both are continued in force as if they were a certificate of approval under section 39, with such changes as necessary. Continuation, orders

(3) An order issued and continuing in force under section 79 in respect of a sewage system which except for the operation of Part VIII would have been a waste disposal site or a waste management system under this Part is, upon the repeal of Part VIII, continued as if it were an order under section 44, with such changes as necessary. Matters in progress

(4) The following matters commenced under Part VIII shall, upon the repeal of Part VIII, be continued under this Part:

1. An application for a certificate of approval submitted before the repeal of Part VIII where the certificate has not been issued and has not been refused.

2. An unexpired right of appeal where a certificate of approval has been refused or conditions were attached to the certificate before the repeal of Part VIII.

3. An unexpired right of appeal where an order has been issued under section 79 before the repeal of Part VIII.

4. An appeal of the conditions attached to a certificate of approval or the refusal to issue a certificate of approval or an appeal of an order under section 79 commenced before the repeal of Part VIII but not completed. Records

(5) If an agreement under section 81 was in force immediately before the repeal of Part VIII, the party which was administering Part VIII under the agreement shall,

(a) keep all records in their possession or under their control with respect to matters continued under this section for a period of six years from the date of the repeal or as otherwise prescribed under subsection (7)\;

(b) on the written request of the Director, deliver to the Director a record or certified copy of a record relating to Part VIII as specified in the request.

(c) on the written request of the Director, deliver to the Director a certificate as to the service of any document relating to Part VIII as specified in the request;

(d) on the written request of the Director, deliver to the Director a certificate as to the custody of any document relating to Part VIII as specified in the request; and

(e) on the written request of the Director, deliver to the Director a certificate as to whether or not any document relating to Part VIII as specified in the request was received or issued. Deemed official document

(5.1) A record, certified copy of a record or a certificate delivered under clause (5) (b) or (c) that is or relates to an approval, certificate, consent, licence, notice, permit, order or return under Part VIII shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 175. Same

(5.2) A certificate delivered under clause (5) (d) or (e) shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 175. y References

(6) The references to sections 77, 78, 79 and 81 in this section are references to those provisions as they read immediately before the repeal of Part VIII under Schedule B of the Services Improvement Act, 1997. Regulations

(7) The Lieutenant Governor in Council may make regulations prescribing transitional matters necessary to deal with issues arising out of the repeal of Part VIII, which regulations may be general or specific in their application and may be retroactive to the date this section comes into force. Limitation

(8) This section applies only to sewage systems which, except for the operation of Part VIII, would have been waste disposal sites or waste management systems under this Part and to matters and documents related to such sewage systems.

22. Part VIII of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 66 and 1997, chapter 6, section 3, is repealed.

23. Subsection 176 (6) of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 34 and 1994, chapter 23, section 66 and 1997, chapter 6, section 3, is repealed. Amendments to the

Ontario Water Resources Act

24. (1) Clause 53 (6) (c) of the Ontario Water Resources Act is repealed and the following substituted:

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

(6.1) This section does apply to sewage works described in clause (6) (a) if,

(a) the sewage works have a design capacity in excess of 10,000 litres per day;

(b) more than one sewage works is located on a lot or parcel of land and they have, in total, a design capacity in excess of 10,000 litres per day; or y

(c) the sewage works are not located wholly within the boundaries of the lot or parcel of land on which is located the residence or other building or facility served by the works.

25. The Act is amended by adding the following section: Continuation, sewage works

53.1 (1) If, except for the operation of Part VIII of the Environmental Protection Act, a works would have been a sewage works under this Act, upon the repeal of Part VIII of that Act, the works are continued as sewage works under this Act if,

(a) a certificate of approval under section 77 of the Environmental Protection Act and a permit under section 78 of that Act were issued before the repeal of Part VIII and remain in force in respect of such works; or

(b) a permit under section 78 of the Environmental Protection Act was issued before the repeal of Part VIII and remains in force for the works, but a certificate of approval under that Act was not issued or is no longer in force for the works. Same

(2) If, except for the operation of Part VIII of the Environmental Protection Act, a works would have been a sewage works under this Act, upon the repeal of Part VIII of that Act the works are continued as sewage works under this Act if,

(a) a certificate of approval under section 77 of the Environmental Protection Act was issued before the repeal of Part VIII and remains in force in respect of such works; and

(b) a permit under section 78 of that Act is issued for the works within one year of the repeal of Part VIII. Continuation for limited purpose

(3) Part VIII of the Environmental Protection Act shall be deemed to continue in force for the purpose of clause (2) (b) for a period of one year after its repeal and if no permit is issued within that period, the certificate of approval is cancelled. Transfer

(4) A certificate of approval and permit under clause (1) (a) or subsection (2) and a permit under clause (1) (b) continue in force as if they were an approval under section 53, with such changes as necessary. Continuation, orders

(5) An order issued and continuing in force under section 79 of the Environmental Protection Act in respect of a sewage system which except for the operation of Part VIII of the Environmental Protection Act would have been a sewage works under this Act is, upon the repeal of Part VIII of that Act, continued as an order under section 53 of this Act, with such changes as necessary. Matters in progress

(6) The following matters commenced under Part VIII of the Environmental Protection Act are, upon the repeal of Part VIII, continued under this Act:

1. An application for a certificate of approval submitted before the repeal of Part VIII where the certificate has not been issued and has not been refused is continued as an application under section 53.

2. An unexpired right of appeal where a certificate of approval has been refused or conditions were attached to the certificate before the repeal of Part VIII.

3. An unexpired right of appeal where an order has been issued under section 79 of the Environmental Protection Act before the repeal of Part VIII.

4. An appeal of the conditions attached to a certificate of approval or the refusal to issue a certificate of approval or an appeal of an order under section 79 of the Environmental Protection Act commenced before the repeal of Part VIII but not completed. Records

(7) If an agreement under section 81 of the Environmental Protection Act was in force immediately before the repeal of Part VIII of that Act, the party which was administering Part VIII under the agreement shall,

(a) keep all records in their possession or under their control with respect to matters continued under this section for a period of 6 years from the date of the repeal or as otherwise prescribed under subsection (9)\;

(b) on the written request of the Director, deliver to the Director a record or certified copy of a record relating to Part VIII as specified in the request.

(c) on the written request of the Director, deliver to the Director a certificate as to the service of any document relating to Part VIII as specified in the request;

(d) on the written request of the Director, deliver to the Director a certificate as to the custody of any document relating to Part VIII as specified in the request; and

(7.1) A record, certified copy of a record or a certificate delivered under clause (7) (b) or (c) that is or relates to an approval, certificate, consent, licence, notice, permit, order or return under Part VIII of the Environmental Protection Act shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 115. Same

(7.2) A certificate delivered under clause (7) (d) or (e) shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 115. y References

(8) The references to sections 77, 78, 79 and 81 of the Environmental Protection Act are references to those provisions as they read immediately before the repeal of Part VIII of the Environmental Protection Act under Schedule B of the Services Improvement Act, 1997. Regulations

(9) The Lieutenant Governor in Council may make regulations prescribing transitional matters necessary to deal with issues arising out of the repeal of Part VIII of the Environmental Protection Act, which regulations may be general or specific in their application and may be retroactive to the date this section comes into force.

b Sewage works

(9.1) A regulation under subsection (9) may specify any works as sewage works for the purpose of any section of this Act or regulations made under this Act. y Non-application

(10) This section does not apply to sewage works which are exempt from approval by virtue of the operation of subsections 53 (6) and (6.1). Limitation

(11) This section applies only to sewage systems which, except for the operation of Part VIII of the Environmental Protection Act, would have been sewage works under this Act and to matters and documents related to such sewage systems. Transition and Commencement Transition

26. (1) Upon the repeal of Part VIII of the Environmental Protection Act under section 22 of this Schedule, the following are of no effect: 1. A licence issued under section 80 of the Environmental Protection Act for engaging in the business of storing, hauling or disposing of sewage from a sewage system. 2. An agreement entered into under section 81 of the Environmental Protection Act. References

(2) A reference to section 80 or 81 of the Environmental Protection Act in subsection (1) is a reference to that provision as it read before its repeal under section 22 of this Schedule. Directors

(3) Every appointment as a Director made under clause 5 (1) (c) of the Environmental Protection Act for the purpose of Part VIII of that Act is terminated upon the repeal of Part VIII. Provincial Officers

(4) Every designation as a provincial officer made under clause 5 (2) (c) or (d) of the Environmental Protection Act for the purpose of Part VIII of that Act is terminated upon the repeal of Part VIII. Repeal

27. Sections 3, 4 and 5 and subsection 6 (2) of the Water and Sewage Services Improvement Act, 1997, if not proclaimed in force before the coming into force of section 22 of this Schedule, are repealed. Commencement

28. This Schedule or any part, portion or section of the Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE C

AMENDMENTS TO THE

DAY NURSERIES ACT

1. (1) Section 1 of the Day Nurseries Act is amended by adding the following definitions:

"administrator" means the administrator appointed under section 2.2; ("administrateur")

"delivery agent" means a delivery agent designated under section 2.2; ("agent de prestation des services")

(2) The definition of "municipality" in section 1 of the Act is repealed and the following substituted:

"municipality" means a city, town, county, township, village, regional municipality, district municipality or the County of Oxford. ("municipalit")

(3) Section 1 of the Act is further amended by adding the following subsections: Delivery agent, transitional

(2) Despite the definition of "delivery agent" in subsection (1), until a delivery agent is designated in a geographic area, a reference in this Act or the regulations to a delivery agent shall be deemed, for the purposes of that geographic area, to be a reference to the council of a municipality and a reference to the administrator shall be deemed, for the purposes of that geographic area, to be a reference to the municipality. Repeal of subsection

(3) Subsection (2) is repealed on the prescribed date.

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

2.1 The Minister shall by regulation designate geographic areas of Ontario for the purposes of this Act.

b Delivery agents designated

2.2 (1) The Minister may by regulation designate a municipality, band or prescribed board as a delivery agent for each geographic area. y Terms and conditions

(2) The Minister may attach terms and conditions to a designation under subsection (1). Powers and duties of delivery agent

(3) A delivery agent shall have the prescribed powers and duties. Record keeping

(4) Each delivery agent shall keep information collected under this Act in the form and electronic system required by the Director. Administrator

(5) Each delivery agent shall appoint an administrator. Contracting authority, delivery agent

(6) A delivery agent may enter into an agreement with regard to any matter relating to the delivery agent's powers and duties under this Act, subject to the restrictions or conditions in the designation as delivery agent. Revoke designation

(7) The Minister may revoke a designation under this section.

3. (1) Subsection 3 (3) of the Act is amended by striking out "The council of a municipality" at the beginning and substituting "A delivery agent" and by striking out "municipality" in the sixth line and substituting "administrator".

(2) Subsection 3 (4) of the Act is amended by striking out "areas" in the third line of clause (a) and in the fourth line of clause (b) and by substituting in each case "territory".

4. (1) Subsection 4 (2) of the Act is amended by striking out "The council of a municipality" at the beginning and substituting "A delivery agent" and by striking out "municipality" in the fourth line and substituting "administrator".

(2) Subsection 4 (3) of the Act is amended by striking out "areas" in the third line and substituting "territory".

5. Subsection 5 (1) of the Act is amended by striking out "The council of a municipality" at the beginning and substituting "A delivery agent".

6. The Act is amended by adding the following sections: Ministry as delivery agent

7.1 (1) The Ministry may act as a delivery agent for a geographic area if the Minister determines that it is necessary to do so. Administrator

(2) The Minister shall appoint an administrator in a geographic area in which the Ministry is the delivery agent. Agreements for provision of services

7.2 (1) The Minister may enter into agreements with municipalities, delivery agents or other persons respecting the provision of the prescribed services upon the terms and conditions that may be agreed. Personal information

(2) An agreement under this section shall provide for the ownership, collection, use, disclosure and safeguarding of privacy of personal information and for a person's access to his or her own personal information, subject to the prescribed conditions. Same

(3) If the Minister determines that it is necessary to do so, the Minister may enter into an agreement under subsection (1) that provides for a person to exercise some or all of the powers and carry out some or all of the duties of the delivery agent in a geographic area. Same

(4) If an agreement is made with a person under subsection (3) under which the person is to exercise some of the powers and duties of a delivery agent,

(a) the person shall provide the services specified in the agreement;

(b) the delivery agent shall not provide the services specified in the agreement; and

(c) the delivery agent shall pay to Ontario the amounts required to be provided by it for its share of the costs of the services specified in the agreement, as prescribed. Deemed reference

(5) If an agreement is made with a person under subsection (3) under which the person is to exercise all of the powers and duties of a delivery agent,

(a) a reference to a delivery agent in this Act or the regulations shall be deemed to be a reference to the person with whom the agreement is made and a reference to an administrator in this Act or the regulations shall be deemed to be a reference to the administrator appointed by the person; and

(b) the person shall appoint an administrator. Cost sharing

7.3 (1) The prescribed costs incurred under this Act shall be shared by Ontario, municipalities, and persons living in territory without municipal organization in accordance with the regulations.

b Municipal costs

(2) A municipality shall pay its share of the prescribed costs incurred under this Act, despite section 111 of the Municipal Act. y Payments to delivery agents

7.4 (1) The Minister shall pay to every delivery agent,

(a) an amount determined in accordance with the regulations for Ontario's share of the delivery agent's costs that are to be shared under section 7.3; and

(b) if there is territory without municipal organization in the delivery agent's geographic area, the amount determined in accordance with the regulations for that territory's share of the delivery agent's costs that are to be shared under section 7.3. Payments to person

(2) The Minister shall pay to every municipality, delivery agent or person that enters into an agreement under section 7.2 an amount determined under the agreement. Apportionment

7.5 (1) If a geographic area includes more than one municipality, the municipalities' share of the delivery agent's costs incurred under this Act shall be apportioned among the prescribed municipalities in accordance with the regulations. Apportionment of Ontario's costs

(2) The municipal share of the costs incurred by the Ministry under this Act shall be apportioned in accordance with the regulations. Payment by municipalities

7.6 (1) Each municipality shall pay the amounts required to be provided by it for its share of the delivery agent's costs under this Act to the delivery agent for its geographic area, on demand. Same, if agreement under s. 7.2 (5)

(2) If a person is exercising all of the powers of a delivery agent as provided under subsection 7.2 (5), each municipality shall pay the amounts required to be provided by it for its share of the person's costs under this Act to Ontario, in accordance with the regulations. Same, for Ontario's costs

(3) Each municipality shall pay to Ontario the amounts required to be provided by it under this Act with respect to the municipal share of the costs incurred by the Ministry under this Act. Penalty

(4) The delivery agent or Ontario, as the case may be, may impose on a municipality a percentage charge as a penalty for non-payment of amounts payable under this section. Collection of debts

(5) An amount owing to Ontario by a municipality or a delivery agent under this Act is a debt owing to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law. Ontario to collect money from territory without municipal organization

7.7 The amount required to be provided by territory without municipal organization with respect to the costs that are to be cost shared under section 7.3 may be recovered by the Crown as taxes imposed on property taxable under the Provincial Land Tax Act.

7. (1) Subsection 8 (1) of the Act is repealed.

(2) Subsection 8 (4) of the Act is amended by inserting after "municipality" in the first line "a delivery agent" and by striking out "section" in the third line and substituting "Act".

8. (1) Section 18 of the Act is amended by adding the following clauses:

(a.1) respecting the powers and duties of administrators;

(a.2) prescribing the powers and duties of a delivery agent.

(2) Clause 18 (d) of the Act is amended by inserting after "municipality" in the fourth line "a delivery agent".

(3) Clause 18 (e) of the Act is amended by inserting after "municipality" in the fourth line "a delivery agent".

(4) Clause 18 (f) of the Act is amended by inserting after "municipality" in the sixth line "a delivery agent".

(5) Clause 18 (i) of the Act is amended by inserting after "municipalities" in the first and second lines "delivery agents".

(6) Clause 18 (j) of the Act is amended by inserting after "municipalities" in the fourth line "delivery agents".

(7) Clauses 18 (l) and (m) of the Act are repealed and the following substituted:

(l) prescribing classes of payment for the purposes of this Act and determining the amount of any such payment;

(l.1) respecting the costs incurred under this Act to which cost sharing should apply and providing for how they are to be shared, including the apportioning of those costs among Ontario, municipalities and persons living in territory without municipal organization, and prescribing the municipalities to which cost sharing applies;

(l.2) respecting the determination of the amounts Ontario shall pay to delivery agents and delivery agents shall pay to Ontario and the methods of determining those amounts, providing for the manner in which and the intervals at which payments shall be made, for the suspension or withholding of amounts payable by Ontario or part of them and for making deductions from them;

(l.3) respecting the apportionment among municipalities in a geographic area of their share of the delivery agent's costs incurred under this Act and, for the purpose, prescribing the municipalities that must share in that apportionment and the manner in which that share shall be recovered;

(l.4) providing for the recovery by Ontario from a municipality or a delivery agent of any amounts paid by Ontario under this Act for which the municipality or delivery agent is liable and prescribing the circumstances and manner in which any recovery may be made;

(l.5) providing that, until a delivery agent is designated for a geographic area, the costs incurred under this Act be apportioned by a prescribed municipality or a prescribed board in accordance with a regulation under subsection (3) among the municipalities in the area, requiring the municipalities to pay their share of the costs to the prescribed municipality or board, and prescribing the municipality or board for such purposes; y

(m) prescribing the manner of computing costs for the purposes of this Act.

(8) Clause 18 (o) of the Act is amended by inserting after "municipalities" in the fifth line "delivery agents".

(9) Clause 18 (w) of the Act is amended by inserting after "municipalities" in the second line "delivery agents".

(10) Section 18 of the Act is amended by adding the following clauses:

(z.1) prescribing any matter referred to in this Act as prescribed;

(z.2) defining any word or expression used in this Act that has not been defined in this Act.

(11) Section 18 of the Act is further amended by adding the following subsections: Regulations, Minister

(2) The Minister may make regulations,

(a) prescribing what delivery agents and municipalities are required to do in carrying out their functions and the procedures and practices to be followed by delivery agents;

(b) designating geographic areas and delivery agents for those geographic areas, for the purposes of this Act;

(c) prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations.

b Apportionment, payment by municipalities

(3) A regulation under clause (1) (l.3) or (l.5) may do one or more of the following:

1. Authorize municipalities in a geographic area to determine by agreement how their costs are to be apportioned, subject to the prescribed conditions.

2. Provide for an arbitration process for determining how the costs of those municipalities are to be apportioned.

3. Set out the manner in which costs of those municipalities are to be apportioned. Same

(4) A regulation under paragraph 1 or 2 of subsection (3) may,

(b) permit an agreement or the arbitration decision to apply to costs incurred and paid before the agreement or the arbitration decision is reached; and

(5) A regulation under clause (1) (l.1), (l.2), (l.3), (l.4), (l.5) or (m) may, if it so provides, be effective with respect to a period before it is filed that commences on January 1, 1998. Same

(6) If a regulation under paragraph 3 of subsection (3) is retroactive, it may provide for the reconciliation of amounts paid. y

9. (1) Subsection 19 (1) of the Act is amended by adding "or" at the end of clause (b) and by striking out clauses (c) and (d) and substituting the following:

(2) Subsection 19 (2) of the Act is repealed. Commencement

10. This Schedule comes into force on January 1, 1998.

SCHEDULE D

AMENDMENTS TO THE HEALTH PROTECTION AND PROMOTION ACT AND THE PROVINCIAL OFFENCES ACT Amendments to the Health Protection and Promotion Act

1. (0.1) The definition of "board of health" in subsection 1 (1) of the Health Protection and Promotion Act is amended by striking out "and" at the end of clause (b), by adding "and" at the end of clause (c) and by adding the following clause:

(d) an agency, board or organization prescribed by regulation. y

(1) The definition of "municipality" in subsection 1 (1) of the Act is amended by striking out "metropolitan" in the third and fourth lines and by inserting "or of the County of Oxford" after "regional municipality" in the fourth line.

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

"obligated municipality", in relation to a health unit, means any county, district or regional municipality or the County of Oxford, or any local municipality that does not form part of a county, district or regional municipality or the County of Oxford for municipal purposes, that is situated, in whole or in part, in the area that comprises the health unit; ("municipalit assujettie") y

"person" includes a board of health, a municipality and any other corporation. ("personne")

2. (1) Paragraph 2 of section 5 of the Act is amended by striking out "communicable diseases" in the first line and substituting "infectious diseases and reportable diseases".

(2) Paragraphs 3, 4, 6, 7 and 8 of section 5 of the Act are repealed and the following substituted:

3. Health promotion, health protection and disease and injury prevention, including the prevention and control of cardiovascular disease, cancer, AIDS and other diseases. y

4. Family health, including,

i. counselling services,

ii. family planning services,

iii. health services to infants, pregnant women in high risk health categories and the elderly,

iv. preschool and school health services, including dental services,

v. screening programs to reduce the morbidity and mortality of disease,

vi. tobacco use prevention programs, and

vii. nutrition services.

5. Collection and analysis of epidemiological data.

6. Such additional health programs and services as are prescribed by the regulations.

3. (1) The French version of clause 22 (2) (c) of the Act is amended by striking out "risque" in the third line and substituting "danger".

(2) The French version of clause 22 (4) (g) of the Act is amended by striking out "maladie virale" in the third line and substituting "maladie virulente".

4. (1) The French version of clause 24 (2) (d) of the Act is amended by striking out "risque" in the second line and substituting "danger".

(2) The French version of subsection 24 (3) of the Act is amended by striking out "risque" in the eighth line and substituting "danger".

5. The French version of clause 35 (3) (c) of the Act is amended by striking out "maladie virale" in the second and third lines and substituting "maladie virulente".

6. The French version of subsection 44 (4) of the Act is amended by striking out "et l'heure" in the fourth line and substituting ", l'heure et le lieu".

7. (1) Subsection 67 (1) of the Act is repealed and the following substituted: Medical officer of health

(1) The medical officer of health of a board of health reports directly to the board of health on issues relating to public health concerns and to public health programs and services under this or any other Act. y

(2) Subsection 67 (2) of the Act is amended by adding "if their duties relate to the delivery of public health programs or services under this or any other Act" at the end.

(3) Subsection 67 (3) of the Act is repealed and the following substituted: Management

(3) The medical officer of health of a board of health is responsible to the board for the management of the public health programs and services under this or any other Act. y

8. Section 72 of the Act is repealed and the following substituted: Payment by obligated municipalities

72. (1) The obligated municipalities in a health unit shall pay,

(a) the expenses incurred by or on behalf of the board of health of the health unit in the performance of its functions and duties under this or any other Act; and

(b) the expenses incurred by or on behalf of the medical officer of health of the board of health in the performance of his or her functions and duties under this or any other Act. Same

(2) In discharging their obligations under subsection (1), the obligated municipalities in a health unit shall ensure that the amount paid is sufficient to enable the board of health,

(a) to provide or ensure the provision of health programs and services in accordance with sections 5, 6 and 7, the regulations and the guidelines; and

(b) to comply in all other respects with this Act and the regulations. Agreement

(3) The obligated municipalities in a health unit shall pay the expenses referred to in subsection (1) in such proportion as is agreed upon among them. If no agreement

(4) If the obligated municipalities in a health unit fail to agree on the proportion of the expenses referred to in subsection (1) to be paid by each of them, each obligated municipality in the health unit shall pay the proportion of such expenses that is determined in accordance with the regulations. Notice to obligated municipalities

(5) A board of health shall give annually to each obligated municipality in the health unit served by the board of health a written notice that complies with the following requirements:

1. The notice shall specify the amount that the board of health estimates will be required to defray the expenses referred to in subsection (1) for the year specified in the notice.

2. If the obligated municipalities in the health unit have entered into an agreement under subsection (3) respecting the proportion of the expenses referred to in subsection (1) to be paid by each of them, the notice shall specify the amount for which the obligated municipality is responsible in accordance with the agreement.

3. If the obligated municipalities in the health unit have not entered into an agreement under subsection (3) respecting the proportion of the expenses referred to in subsection (1) to be paid by each of them, the notice shall specify the amount for which the obligated municipality is responsible in accordance with the regulations.

4. The notice shall specify the times at which the board of health requires payments to be made by the obligated municipality and the amount of each payment required to be made. Where additional expenses incurred

(6) If, after a notice is given by a board of health under subsection (5) in respect of a year, additional expenses referred to in subsection (1) that were not anticipated at the time the notice was given are incurred during the year, the board of health may give another written notice to each obligated municipality in the health unit specifying the additional amount for which the obligated municipality is responsible under this section and the time at which the additional amount must be paid. Estimates

(7) If the actual expenses of a board of health and its medical officer of health for any year are greater than the estimated expenses for the year, the board of health shall, in preparing its estimate of the amount required to defray the expenses referred to in subsection (1) for the following year, provide for any deficit from the preceding year. Payment in accordance with notice

(8) An obligated municipality that is given a notice by a board of health under this section shall pay to the board of health the amounts required by the notice at the times required by the notice. Municipal authority

(9) An obligated municipality has all the powers necessary to comply with this section, including the power to enter into and carry out an agreement referred to in subsection (3).

9. Sections 73, 74 and 75 of the Act are repealed.

10. Subsection 80 (2) of the Act is amended by striking out "and in respect of boards of health, medical officers of health and other public health professionals" in the second, third and fourth lines.

12. Sections 82, 83, 84, 85 and 86 of the Act are repealed and the following substituted: Assessors

82. (1) The Minister shall appoint assessors for the purposes of this Act. Written appointment

(2) An appointment under subsection (1) shall be in writing. Assessment

(3) An assessor may carry out an assessment of a board of health for the purpose of,

(a) ascertaining whether the board of health is providing or ensuring the provision of health programs and services in accordance with sections 5, 6 and 7, the regulations and the guidelines;

(b) ascertaining whether the board of health is complying in all other respects with this Act and the regulations; or

(4) In carrying out an assessment of a board of health, an assessor may, without a warrant, enter and inspect,

(a) any premises occupied by the board of health;

(b) any premises where health programs or services that are required to be provided or ensured by the board of health under this Act are provided; and

(5) The power in subsection (4) to enter and inspect premises without a warrant may be exercised only during regular business hours. Private residence

(6) Subsection (4) does not authorize an assessor to enter a private residence without the consent of the occupier. Use of force prohibited

(7) An assessor is not entitled to use force to enter and inspect premises. Evidence of appointment

(8) An assessor who enters premises under this section shall produce, on request, evidence of his or her appointment. Powers of assessors upon entry

(9) Upon entering premises under this section, an assessor,

(a) may examine any record or document that is relevant to the assessment, including financial and book-keeping records and minutes and by-laws of the board of health;

(b) may demand the production for examination of any record or document described in clause (a);

(c) may make copies of any record or document described in clause (a) and may, on providing a receipt, remove any such record or document from the premises in order to copy it; and

(d) may question any person on matters relevant to the assessment. Return of records and documents

(10) An assessor who removes a record or document from the premises shall return it to the premises within a reasonable time. Admissibility of copies

(11) A copy made under clause (9) (c) that purports to be certified by an assessor as being a true copy of the original is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the original. Power to request that information be sent

(12) An assessor may at any time request a board of health to send him or her, at the time specified by the assessor, any information, including copies of any record or document, that is relevant to an assessment under this section. Compliance

(13) If an assessor demands the production for examination of a record or document under clause (9) (b), the person having custody of the record or document shall comply with the demand. Same

(14) If an assessor questions a person under clause (9) (d), the person shall answer the assessor's questions. Same

(15) If an assessor requests a board of health to send information under subsection (12), the board of health shall comply with the request. Assistance

(16) At the request of an assessor, a board of health shall provide, in respect of the records and documents that the assessor is entitled to examine under clause (9) (a) and in respect of the information that the assessor requests the board of health to send under subsection (12), such assistance and explanations as are reasonably necessary to enable the assessor to carry out his or her assessment of the board of health. No obstruction

(17) No person shall hinder or obstruct an assessor conducting an assessment of a board of health. Direction to board of health

83. (1) The Minister may give a board of health a written direction described in subsection (2) if he or she is of the opinion, based on an assessment under section 82, that the board of health has,

(a) failed to provide or ensure the provision of a health program or service in accordance with section 5, 6 or 7, the regulations or the guidelines;

(b) failed to comply in any other respect with this Act or the regulations; or

(2) In a direction under this section, the Minister may require a board of health,

(a) to do anything that the Minister considers necessary or advisable to correct the failure identified in the direction; or

(b) to cease to do anything that the Minister believes may have caused or contributed to the failure identified in the direction. Compliance with direction

(3) A board of health that is given a direction under this section shall comply with the direction,

(a) within the period of time specified in the direction; or

(b) if no period of time is specified in the direction, within 30 days from the day the direction is given. Power to take steps to ensure direction is carried out

84. (1) If, in the opinion of the Minister, a board of health has failed to comply with a direction under section 83 within the period of time required under subsection 83 (3), the Minister may do whatever is necessary to ensure that the direction is carried out, including but not limited to,

(a) providing or ensuring the provision of any health program or service in accordance with sections 5, 6 and 7, the regulations and the guidelines;

(b) exercising any of the powers of the board of health or the medical officer of health of the board of health;

(c) appointing a person to act as the medical officer of health of the board of health in the place of the medical officer of health appointed by the board;

(d) providing advice and guidance to the board of health, the medical officer of health of the board of health, and any person whose services are engaged by the board of health;

(e) approving, revoking or amending any decision of the board of health, the medical officer of health of the board of health, or any person whose services are engaged by the board of health; and

(f) accessing any record or document that is in the custody or under the control of the board of health, the medical officer of health of the board of health, or any person whose services are engaged by the board of health. No obstruction

(2) No person shall hinder or obstruct the Minister in the exercise of his or her powers under subsection (1). Effect of Board hearing

(3) The Minister may exercise his or her powers under subsection (1) even though a hearing by the Board in respect of the direction has been required or is proceeding under section 85. Effect of Board decision

(4) If the Board determines, after a hearing under section 85, that the board of health has complied with the direction, the Minister shall not thereafter exercise his or her powers under subsection (1) and shall cease to exercise any of such powers that he or she had already begun to exercise before the Board rendered its decision. Notice of failure to comply

85. (1) If, in the opinion of the Minister, a board of health has failed to comply with a direction under section 83 within the period of time required under subsection 83 (3), the Minister may give the board of health a notice of failure to comply. Same

(2) A notice of failure to comply shall be in writing and shall inform the board of health that the board of health is entitled to a hearing by the Board to determine whether the board of health has complied with the direction, if the board of health requires the hearing in accordance with subsection (3). Entitlement to hearing

(3) A board of health that is given a notice of failure to comply is entitled to a hearing by the Board to determine whether the board of health has complied with the direction if, within 15 days after the day the notice of failure to comply is given to the board of health, the board of health mails or delivers to the Board and to the Minister a notice in writing requiring a hearing by the Board. Hearing

(4) If a board of health requires a hearing in accordance with subsection (3), the Board shall appoint a time and place for, and hold, the hearing. Parties

(5) The parties to a hearing under this section are the board of health that has required the hearing, the Minister and such other persons as the Board may specify. Other provisions apply with modifications

(6) Subsections 44 (5) and (6) and 45 (2) to (6) apply with necessary modifications to a hearing under this section. Powers of Board

(7) After a hearing under this section, the Board,

(a) may determine that the board of health has complied with the direction and, in doing so, may substitute its opinion for that of the Minister; or

(b) may determine that the board of health has not complied with the direction and order the board of health to do, or not to do, such things as the Board specifies in order to comply with the direction. No appeal

(8) Section 46 does not apply to a decision or order of the Board under this section. Minister may act where risk to health

86. (1) If the Minister is of the opinion that a situation exists anywhere in Ontario that constitutes or may constitute a risk to the health of any persons, he or she may investigate the situation and take such action as he or she considers appropriate to prevent, eliminate or decrease the risk. Same

(2) For the purpose of subsection (1), the Minister,

(a) may exercise anywhere in Ontario any of the powers of a board of health and any of the powers of a medical officer of health; and

(b) may direct a person whose services are engaged by a board of health to do, anywhere in Ontario (whether within or outside the health unit served by the board of health), any act,

(i) that the person has power to do under this Act, or

(ii) that the medical officer of health for the health unit served by the board of health has authority to direct the person to do within the health unit. Authority and duty of person directed to act

(3) If the Minister gives a direction under subsection (2) to a person whose services are engaged by a board of health,

(a) the person has authority to act, anywhere in Ontario (whether within or outside the health unit served by the board of health), to the same extent as if the direction had been given by the medical officer of health of the board of health and the act had been done in the health unit; and

(b) the person shall carry out the direction as soon as practicable. Section 22 powers

(4) For the purpose of the exercise by the Minister under subsection (2) of the powers of a medical officer of health, a reference in section 22 to a communicable disease shall be deemed to be a reference to an infectious disease. Application to judge where risk to health

86.1 (1) If the Minister is of the opinion that a situation exists anywhere in Ontario that constitutes or may constitute a risk to the health of any persons, he or she may apply to a judge of the Ontario Court (General Division) for an order under subsection (2). Order of judge of Ontario Court (General Division)

(2) If an application is made under subsection (1), the judge,

(a) may order the board of health of a health unit in which the situation causing the risk exists to take such action as the judge considers appropriate to prevent, eliminate or decrease the risk caused by the situation; and

(b) may order the board of health of a health unit in which the health of any persons is at risk as a result of a situation existing outside the health unit to take such action as the judge considers appropriate to prevent, eliminate or decrease the risk to the health of the persons in the health unit. Request to board of health for information

86.2 (1) The Minister may request a board of health to provide such information in respect of the board of health and the health unit served by the board of health as the Minister specifies. Same

(2) The Minister may specify the time at which, and the form in which, the information must be provided. Duty to comply

(3) A board of health that receives a request for information under this section shall provide the information in accordance with the request. Authorization or direction of C.M.O.H.

86.3 (1) The Minister may authorize or direct the Chief Medical Officer of Health in writing to exercise any right or power or perform any duty that is granted to or vested in the Minister under section 82, 83, 84, 85, 86, 86.1 or 86.2. Limitations, etc.

(2) An authorization or a direction under subsection (1) may contain such limitations, restrictions, conditions and requirements as the Minister considers appropriate. Expenses

86.4 (1) If the Minister or the Chief Medical Officer of Health acts under section 84 to ensure that a direction given to a board of health under section 83 is carried out, the Minister may treat all or part of the following expenses as a debt due to the Crown in right of Ontario by the obligated municipalities in the health unit served by the board of health:

1. The expenses of the Minister in acting under section 84.

2. The expenses of the Chief Medical Officer of Health in acting under section 84.

3. The expenses of the assessment of the board of health that gave rise to the direction to the board of health. Same

(2) If, under section 86, the Minister or the Chief Medical Officer of Health investigates a situation in a health unit or takes action in a health unit to prevent, eliminate or decrease a risk, the Minister may treat all or part of the following expenses as a debt due to the Crown in right of Ontario by the obligated municipalities in the health unit:

1. The expenses of the Minister in acting under section 86.

2. The expenses of the Chief Medical Officer of Health in acting under section 86. Collection from obligated municipalities

(3) If the Minister intends to treat all or part of the expenses referred to in subsection (1) or (2) as a debt due by the obligated municipalities in the health unit, the Minister may certify to the treasurer of each obligated municipality in the health unit the amount due by the obligated municipality to the Crown in right of Ontario in respect of the expenses or the part of the expenses, and the treasurer shall, within seven days after being given the certificate, pay to the Minister of Finance the amount set out in the certificate. Interest

(4) The Minister may require an obligated municipality to pay interest on any part of the amount set out in a certificate issued under subsection (3) that remains unpaid after the date it is due under subsection (3), in such amounts as may be determined in accordance with the regulations and at such times and in such manner as may be prescribed by the regulations. Debt

(5) The amount set out in a certificate given to the treasurer of an obligated municipality under subsection (3), together with the interest, if any, that the Minister requires the obligated municipality to pay under subsection (4), is a debt owing by the obligated municipality to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law.

13. The French version of subsection 87 (8) of the Act is amended by striking out "risque" in the fourth line and substituting "danger".

14. (1) Subsection 96 (5) of the Act is amended by adding the following clauses:

(i) for the purpose of subsection 72 (4), prescribing the methods of calculating or the bases for determining the proportion of the expenses referred to in subsection 72 (1) to be paid by each of the obligated municipalities in a health unit in the absence of an agreement between them under subsection 72 (3);

(j) providing that section 72 does not apply to all or part of the expenses referred to in subsection 72 (1) in respect of one or more boards of health and their medical officers of health, prescribing the expenses and the boards of health to which section 72 does not apply and the circumstances or time period in which section 72 does not apply, and providing in the place of section 72 a different scheme for the payment of such expenses. y

(2) Section 96 of the Act is amended by adding the following subsections:

b Regulation under clause (5) (j)

(5.1) A regulation under clause (5) (j) may,

(a) require that all or part of the expenses referred to in subsection 72 (1) of two or more boards of health and their medical officers of health be shared among all or some of the municipalities in the health units served by the boards of health and prescribe the methods of calculating or the bases for determining the proportion of such expenses to be paid by each municipality that is required to share the expenses;

(b) require a municipality in one health unit to pay all or part of the expenses referred to in subsection 72 (1) of a board of health and medical officer of health of another health unit;

(c) provide that a municipality is not responsible for any or part of the expenses referred to in subsection 72 (1) of one or more boards of health and their medical officers of health;

(d) provide for payment of the expenses referred to in subsection 72 (1) by residents of territory without municipal organization, provide for the collection by the Province of the amount which is the responsibility of the territory without municipal organization (including collection under the Provincial Land Tax Act), and provide for remittance by the Province of the amount so collected to specified boards of health;

(e) govern the processes of obtaining and making payment, including prescribing notices that must be given to the entities responsible for payment and prescribing the times at which and the manner in which payments must be made; and

(f) provide for any matter for which section 72 provided. y Regulations relating to Part VII

(6) The Lieutenant Governor in Council may make regulations relating to Part VII,

(a) assigning additional duties to assessors appointed under this Act;

(b) prescribing the method of determining the amounts of interest that the Minister may require obligated municipalities to pay under subsection 86.4 (4) and prescribing the times at which and the manner in which payment of such amounts must be made.

15. Subsection 100 (3) of the Act is repealed and the following substituted: Offence, specified provisions

(3) Any person who contravenes section 16, 17, 18, 20, 39 or 40, subsection 41 (9), 42 (1), 72 (5), (7) or (8), 82 (13), (14), (15), (16) or (17), 83 (3) or 84 (2), clause 86 (3) (b), subsection 86.2 (3) or section 105 is guilty of an offence.

16. (1) Subsection 101 (2) of the Act is amended by striking out "a corporation" in the first line and substituting "a board of health, a municipality or any other corporation".

(2) Subsection 101 (3) of the Act is amended by striking out "Where a corporation is convicted" in the first line and substituting "Where a corporation, other than a board of health or a municipality, is convicted".

17. Section 105 of the Act is amended by inserting "an assessor appointed under section 82, the Chief Medical Officer of Health" before "a medical officer of health" in the third line. Amendments to the

Provincial Offences Act

18. On the day Part X of the Provincial Offences Act, as set out in subsection 1 (2) of the Streamlining of Administration of Provincial Offences Act, 1997 (Bill 108 of the 1st Session, 36th Legislature), is enacted, that Part is amended by adding the following section: Definition

165.1 (1) In this section,

"local board" has the same meaning as in the Municipal Affairs Act, but does not include a school board or a hospital board. Special rules, municipal defendant

(2) When an agreement under this Part is in effect, the special rules set out in subsection (3) apply to a proceeding if,

(a) the proceeding is under Part I or III; and

(b) the defendant is a municipality or one of its local boards. Same

(3) The special rules referred to in subsection (2) are:

1. The fine is payable to the Minister of Finance and not to the municipality, despite subsection 165 (4).

2. The prosecutor may elect to collect and enforce the fine instead of the municipality, despite subsection 165 (1) and the provisions of the agreement relating to collection and enforcement.

3. Notice of the election shall be given to the municipal representative named in the agreement for the purpose, or if none is named, to the clerk of the court. Commencement Commencement

19. (1) Subject to subsection (2), this Schedule comes into force on January 1, 1998. Same

(2) This section and section 18 come into force on the day the Services Improvement Act, 1997 receives Royal Assent.

SCHEDULE E

AMENDMENTS TO THE TORONTO AREA TRANSIT OPERATING AUTHORITY ACT

1. Section 1 of the Toronto Area Transit Operating Authority Act is amended by adding the following definitions:

"lower-tier municipality" means a municipality that is part of an upper-tier municipality for municipal purposes; ("municipalit de palier infrieur")

"regional municipality" means,

(a) the Regional Municipality of Durham,

(b) the Regional Municipality of Halton,

(d) the Regional Municipality of Peel, or

(e) the Regional Municipality of York. ("municipalit rgionale")

2. Section 8 of the Act is repealed and the following substituted: Determination of amounts

8. (1) The Minister shall determine, in accordance with the regulations,

(a) the amount of the Authority's costs for a prescribed billing period, being the difference between the Authority's capital and operating costs in respect of a period and the Authority's revenues in respect of the same period; and

(b) the corresponding amount to be recovered from the regional municipalities and the City of Toronto. Estimates of future costs

(2) The amount referred to in clause (1) (a) may include estimates in respect of costs still to be incurred in the prescribed billing period; in that case, section 8.4 (recalculation and adjustment) applies. Allocation

(3) The Minister shall allocate the amount determined under clause (1) (b) among the regional municipalities and the City of Toronto, in accordance with a prescribed allocation formula. Allocation formula

(4) The prescribed allocation formula may allocate the amount determined under clause (1) (b) among any combination of the regional municipalities and the City of Toronto. Application of section

(5) This section applies in respect of the Authority's costs, as described in clause (1) (a), that are incurred on and after January 1, 1998. Notice

8.1 (1) The Minister shall, at the prescribed times, give each regional municipality to which an allocation is made and the City of Toronto, if an allocation is made to it, a written notice specifying,

(a) the amount allocated to the regional municipality or the City of Toronto for the prescribed billing period to which the notice relates;

(b) the date the amount is payable; and

(2) The notice shall be sent by registered mail to the chair of the council of the regional municipality or of the City of Toronto. Payment

(3) The regional municipality or City of Toronto shall make payment to the Minister of Finance in accordance with the notice. Minister's review of determination, allocation

(4) The Minister may at any time, on his or her own initiative or at the request of the council of a regional municipality or of the City of Toronto, review a determination made under subsection 8 (1) or an allocation made under subsection 8 (3) and make any necessary adjustments in the amount payable. Same

(5) The council of a regional municipality or of the City of Toronto may make a request under subsection (4) only with respect to an allocation made to it. Minister's determinations and allocation final

(6) Subject to subsection (4), the Minister's determinations under subsection 8 (1) and allocation under subsection 8 (3) are final. Debt

8.2 An amount allocated to a regional municipality or the City of Toronto is a debt of the regional municipality or City of Toronto, as the case may be, owing to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law. Apportionment by regional municipality

8.3 (1) A regional municipality may recover an amount allocated to it under section 8,

(a) by a general upper-tier levy under section 366 of the Municipal Act\; or

(b) by a special levy as described in subsections (2) to (5). By-law for special levy

(2) Subject to subsection (5), the council of the regional municipality may, by by-law, provide that the money to pay all or part of the allocated amount shall be raised by a special levy on the rateable property in one or more of its lower-tier municipalities. Different tax rates

(3) Despite paragraph 3 of subsection 366 (4) of the Municipal Act, the by-law may specify a different tax rate for each affected lower-tier municipality. Deemed special upper-tier levy

(4) The levy shall be deemed to be a special upper-tier levy under section 366 of the Municipal Act. Consent of all lower-tier municipalities

(5) The by-law comes into force only if the council of every lower-tier municipality that forms part of the regional municipality passes a resolution consenting to it. Regulation, alternate method

(6) While a regulation under clause 11 (1) (h) is in force with respect to a regional municipality, subsections (1) to (5) do not apply to that municipality; the amount allocated to the regional municipality shall be apportioned among its lower-tier municipalities in accordance with the regulations and may be recovered from those lower-tier municipalities in the prescribed manner. Recalculation and adjustment

8.4 (1) If an allocated amount includes estimates in respect of costs still to be incurred, the Minister shall make a recalculation when the actual costs become known. Notice

(2) The Minister shall give each affected regional municipality or the City of Toronto, if it is affected, notice of the adjustment; clauses 8.1 (1) (a), (b) and (c) and subsection 8.1 (2) apply to the notice, with necessary modifications. Refund

(3) If the recalculation shows that the estimates exceeded the costs actually incurred and that as a result the amount allocated to the regional municipality or the City of Toronto exceeded what was properly due, the Minister of Finance shall pay the difference to the regional municipality or the City of Toronto in accordance with the notice. Additional payment

(4) If the recalculation shows that the costs actually incurred exceeded the estimates and that as a result the amount allocated to the regional municipality or the City of Toronto was less than what was properly due, the regional municipality or City of Toronto shall pay the difference to the Minister of Finance in accordance with the notice.

3. Section 11 of the Act is repealed and the following substituted: Regulations

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

(a) exempting any method of transportation or any type of vehicle from the application of this Act;

(b) governing the determination of the Authority's costs, as described in clause 8 (1) (a);

(c) governing the determination of the amount to be recovered from the regional municipalities and the City of Toronto, as described in clause 8 (1) (b);

(d) prescribing billing periods for the purpose of subsection 8 (1);

(e) prescribing an allocation formula for the purpose of subsection 8 (3);

(f) prescribing times for the purpose of subsection 8.1 (1);

(g) prescribing other information for the purpose of clause 8.1 (1) (c);

(h) prescribing a method of determining the apportionment among lower-tier municipalities of amounts allocated to their regional municipality under section 8, and prescribing the manner in which regional municipalities may recover the apportioned amounts. General or specific

(2) A regulation made under clause (1) (e) or (h) may be general or specific in its application. Commencement

4. This Schedule comes into force on January 1, 1998.

SCHEDULE F

SOCIAL HOUSING FUNDING ACT, 1997 Definitions

1. In this Act,

"lower-tier municipality" means a municipality that is part of an upper-tier municipality for municipal purposes; ("municipalit de palier infrieur")

"Minister" means the Minister of Municipal Affairs and Housing, and "Ministry" has a corresponding meaning; ("ministre", "ministre")

"upper-tier municipality" means a county, a regional or district municipality or the County of Oxford. ("municipalit de palier suprieur") Provincial social housing costs

2. (1) Subject to subsections (2) and (3), provincial social housing costs for a period are the total of the costs incurred or to be incurred by the Minister in respect of that period in funding and administering,

(a) the Ontario Housing Corporation;

(b) programs in relation to,

(i) non-profit corporations that own or lease housing projects, and

(ii) non-profit housing co-operatives under the Co-operative Corporations Act\;

(d) prescribed housing projects and prescribed parts of housing projects that are in existence on August 21, 1997. Federal grants

(2) The amounts of any grants received from the Government of Canada and its agencies for social housing do not form part of provincial social housing costs. Prescribed housing projects and housing categories

(3) Costs that are attributable to prescribed housing projects, prescribed parts of housing projects and prescribed housing categories do not form part of provincial social housing costs. Application of Act

3. (1) This Act applies in respect of provincial social housing costs incurred on and after January 1, 1998. Same

(2) Nothing in this Act affects rights or obligations under an agreement or memorandum referred to in subsection (3) that is made between,

(a) a non-profit corporation that owns or leases a housing project, a non-profit housing co-operative under the Co-operative Corporations Act, or another landlord; and

(b) the Minister, the Ministry, the Ontario Housing Corporation, an agent of the Crown in right of Ontario, an agent of the Crown in right of Canada, or any combination of them. Same

(3) Subsection (2) applies in respect of,

(a) operating agreements and memoranda of understanding respecting housing projects; and

(b) agreements respecting supplements to the geared-to-income portion of rents. Determination of amounts

4. (1) The Minister shall determine, in accordance with the regulations,

(a) the amount of provincial social housing costs for a prescribed billing period; and

(b) the corresponding amount to be recovered under this Act. Estimates of future costs

(2) The amount referred to in clause (1) (a) may include estimates in respect of costs still to be incurred in the prescribed billing period; in that case, section 9 (recalculation and adjustment) applies. Allocation

(3) The Minister shall allocate the amount referred to in clause (1) (b) among the entities listed in subsection (4), in accordance with the prescribed allocation formula. Entities to whom amounts allocated

(4) The following are the entities referred to in subsection (3):

1. Every regional and district municipality.

2. Every county, including the County of Oxford.

3. Every city, town, township or village that does not form part of a regional municipality, a district municipality, a county or the County of Oxford for municipal purposes. y

6. Every prescribed board and agency with social service responsibilities.

b Allocation formula

(5) The prescribed allocation formula may, subject to subsection (6),

(a) allocate the amount among any combination of the entities listed in subsection (4); and

(b) provide that, despite subsection 4 (3), a portion of the amount referred to in clause 4 (1) (b) be allocated to all territory without municipal organization or to a part of such territory and may specify the parts of such territory to which specified amounts are allocated. Prescribed board or agency

(6) If an amount is allocated to a prescribed board or agency, no amount shall be allocated for the same billing period to an entity listed in paragraph 1, 2 or 3 of subsection (4) whose geographic area lies within the area of the board's or agency's jurisdiction. Collection of amounts in unorganized territory

(7) If the prescribed allocation formula allocates amounts to territory without municipal organization, the amounts so allocated may be recovered by the Crown as taxes imposed on property taxable under the Provincial Land Tax Act. y Notice

5. (1) The Minister shall, at the prescribed times, give each entity to which an allocation is made a written notice specifying,

(a) the amount allocated to the entity for the prescribed billing period to which the notice relates;

(b) the date the amount is payable; and

' Payment

(3) The entity shall make payment to the Minister of Finance in accordance with the notice. Error or omission

(4) If of the opinion that there is an error or omission in the determination under subsection 4 (1) or in the allocation under subsection 4 (3), or in both, the Minister may review the matter and make any necessary adjustments in the amount payable. Determination final

(5) Subject to subsection (4), the Minister's determination and allocation are final. Debt

6. An amount allocated to an entity is a debt of the entity owing to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law. Apportionment by upper-tier municipality

7. (1) An upper-tier municipality may recover an amount allocated to it under section 4,

(a) by a general upper-tier levy under section 366 of the Municipal Act\; or

(b) by a special levy as described in subsections (2) to (5). By-law for special levy

(2) Subject to subsection (5), the council of the upper-tier municipality may, by by-law, provide that the money to pay all or part of the allocated amount shall be raised by a special levy on the rateable property in one or more of its lower-tier municipalities. Different tax rates

(3) Despite paragraph 3 of subsection 366 (4) of the Municipal Act, the by-law may specify a different tax rate for each affected lower-tier municipality. Deemed special upper-tier levy

(4) The levy shall be deemed to be a special upper-tier levy under section 366 of the Municipal Act. Consent of all lower-tier municipalities

(5) The by-law comes into force only if the council of every lower-tier municipality that forms part of the upper-tier municipality passes a resolution consenting to it. Regulation, alternate method

(6) While a regulation made under clause 10 (1) (l) is in force with respect to an upper-tier municipality, subsections (1) to (5) do not apply to that municipality; the amount allocated to the upper-tier municipality shall be apportioned among its lower-tier municipalities in accordance with the regulations and may be recovered from those lower-tier municipalities in the prescribed manner.

' Recalculation and adjustment

9. (1) If an allocated amount includes estimates in respect of costs still to be incurred, the Minister shall make a recalculation when the actual costs become known. Notice

(2) The Minister shall give each affected entity notice of the adjustment; clauses 5 (1) (a), (b) and (c) apply to the notice, with necessary modifications.

b Refund or credit

(3) If the recalculation shows that the estimates exceeded the costs actually incurred and that as a result the amount allocated to the entity exceeded what was properly due, the Minister of Finance shall,

(a) pay the difference to the entity in accordance with the notice; or

(b) subtract the difference from the amount allocated to the entity for the next billing period. y Additional payment

(4) If the recalculation shows that the costs actually incurred exceeded the estimates and that as a result the amount allocated to the entity was less than what was properly due, the entity shall pay the difference to the Minister of Finance in accordance with the notice. Regulations

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

(a) defining any word or expression used in this Act that has not already been expressly defined in this Act;

(b) prescribing programs in relation to housing accommodation that are in existence on August 21, 1997 for the purpose of clause 2 (1) (c);

(c) prescribing housing projects and parts of housing projects that are in existence on August 21, 1997 for the purpose of clause 2 (1) (d);

(d) prescribing housing projects, parts of housing projects and housing categories for the purpose of subsection 2 (3);

(e) governing the determination of the amount of provincial social housing costs, as described in clause 4 (1) (a);

(f) governing the determination of the amount to be recovered under this Act, as described in clause 4 (1) (b);

(g) prescribing billing periods for the purpose of subsection 4 (1);

(h) prescribing an allocation formula for the purpose of subsection 4 (3);

(i) prescribing boards and agencies with social service responsibilities for the purpose of paragraph 6 of subsection 4 (4);

(j) prescribing times for the purpose of subsection 5 (1);

(k) prescribing other information for the purpose of clause 5 (1) (c);

(l) prescribing a method of determining the apportionment among lower-tier municipalities of amounts allocated to their upper-tier municipality under section 4, and prescribing the manner in which upper-tier municipalities may recover the apportioned amounts. General or specific

(2) A regulation made under clause (1) (h), (i) or (l) may be general or specific in its application.

b Retroactive regulation under clause (1) (d)

(3) A regulation made under clause (1) (d) is, if it so provides, effective with reference to a period before it is filed. Same, refund or credit of amounts paid

(4) If a regulation under clause (1) (d) is made effective with reference to a period before it is filed, the Minister of Finance may refund or credit to an entity referred to in subsection 4 (4) any amounts paid by it with respect to costs incurred during the period and attributable to the prescribed housing project, part of a housing project or housing category. Same

(5) The allocation formula prescribed under clause (1) (h) may,

(a) provide for the determination of the total amount to be allocated to municipalities that are situated within a county but that do not form part of the county for municipal purposes and to the county and provide for the apportionment of that total amount among the municipalities and the county in accordance with an agreement between them or with an arbitration decision, subject to the prescribed conditions;

(b) authorize agreements for the purposes of clause (a);

(d) set out any other method of determining the amounts to be allocated to municipalities that are situated within a county but do not form part of the county for municipal purposes and to the county. Apportionment

(6) A regulation under clause (1) (l) may do one or more of the following:

1. Authorize lower-tier municipalities situated in an upper-tier municipality to determine by agreement with the upper-tier municipality how the amounts allocated to the upper-tier municipality are to be apportioned among the lower-tier municipalities, subject to the prescribed conditions.

2. Provide for an arbitration process for determining how the amounts allocated to the upper-tier municipality are to be apportioned among the lower-tier municipalities.

3. Set out the manner in which an amount allocated to an upper-tier municipality is to be apportioned among its lower-tier municipalities. Same

(7) A regulation under clause (5) (a) or under paragraph 1 or 2 of subsection (6) may,

(a) provide for the manner in which amounts are to be apportioned and for the time and manner in which they are to be paid, on an interim basis, until such time as an agreement is reached or as a determination is made by arbitration;

(b) permit an agreement or the arbitration decision to apply to amounts paid or owing before the agreement or the arbitration decision is reached; and

11. This Act comes into force on January 1, 1998. Short title

12. The short title of this Act is the Social Housing Funding Act, 1997.