Bill 234, Rural Red Tape Reduction Act, 2002

Hardeman, Hon. Ernie Associate Minister of Municipal Affairs and Housing Responsible for Rural Affairs

Versions

Bill 234 2002

An Act to reduce red tape
with respect to rural
and other matters


CONTENTS
1.	Enactment of Schedules
2.	Commencement
3.	Short title
Schedule A	Amendments proposed by the Ministry of Agriculture and Food
Schedule B	Amendments proposed by the Ministry of Culture
Schedule C	Amendments proposed by the Ministry of Finance
Schedule D	Amendments proposed by the Ministry of Transportation

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. All the Schedules to this Act are hereby enacted.

Commencement

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

Schedules

(2) The Schedules to this Act come into force as provided in the commencement section at or near the end of each Schedule.

Different dates for same Schedule

(3) If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

3. The short title of this Act is the Rural Red Tape Reduction Act, 2002.

SCHEDULE A
AMENDMENTS PROPOSED
BY THE MINISTRY OF
AGRICULTURE AND FOOD

Commodity Board Members Act

1. (1) The definition of "Tribunal" in subsection 1 (1) of the Commodity Board Members Act is repealed and the following substituted:

"Tribunal" means the Agriculture and Food Appeal Tribunal continued under the Ministry of Agriculture and Food Act. ("Tribunal")

(2) The French version of the following provisions of the Act is amended by striking out "Commission d'appel" wherever that expression occurs and substituting in each case "Tribunal" and by making the necessary grammatical changes:

1. Section 3.

2. Subsection 4 (1).

3. Subsection 5 (1).

4. Subsection 5 (2).

5. Subsection 5 (3).

6. Subsection 5 (4).

Farm Implements Act

2. (1) The definition of "dealer" in section 1 of the Farm Implements Act is repealed and the following substituted:

"dealer" means a person who, in the ordinary course of business, offers farm implements or parts for sale at retail; ("vendeur")

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 11, is amended by adding the following definition:

"dealership agreement" means an agreement that is made between a distributor and a dealer with respect to the business of the dealer's offering farm implements or parts for sale at retail and that fixes the legal rights and obligations of the parties to the agreement; ("entente de distribution")

(3) Subsection 3 (4) of the Act is repealed and the following substituted:

Dealership agreement

(4) A dealership agreement shall be in writing, shall contain the information that is prescribed and shall contain the legal rights and obligations that are prescribed for the parties to the agreement.

(4) Subsection 5 (1) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 11, is amended by striking out "dealer or distributor" and substituting "dealer, distributor or manufacturer".

(5) Subsection 18 (7) of the Act is repealed and the following substituted:

Repair

(7) The distributor shall have the defective farm implements repaired at the distributor's expense or shall reimburse the dealer for the cost of repairing the defective farm implements.

Reimbursement

(8) If the distributor reimburses the dealer for the cost of repairing the defective farm implements, the distributor shall do so in accordance with the terms to which the parties agree.

Cost of repair

(9) If the parties do not agree on terms for the reimbursement of the cost of repair, the cost shall include,

(a) if necessary for doing the repair, the cost of transporting the implements within the dealer's market area as assigned in the dealership agreement;

(b) the cost of travel incurred by the dealer in having the repair done;

(d) the cost of parts used in the repair.

Reimbursement by manufacturer

(10) If the distributor of a new farm implement or a new repair part is not the manufacturer of it, the manufacturer shall reimburse the distributor for the costs that the distributor incurs to honour the warranties under sections 12 (power), 13 (quality), 15 (parts supply) and 16 (quality of parts), for the cost of repairing defects under subsection (4) and for the cost of notifying purchasers of defects under subsection (6).

(6) Section 22 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 11, is amended by adding the following subsection:

Reimbursement by manufacturer

(11) If the distributor of a defective farm implement is not the manufacturer of it, the manufacturer shall reimburse the distributor for the costs that the distributor incurs to comply with the requirements that this section imposes on the distributor.

(7) The definition of "agreement" in subsection 23 (1) of the Act is repealed.

(8) The definition of "current net price" in subsection 23 (1) of the Act is amended by striking out "the agreement" and substituting "the dealership agreement".

(9) The definition of "new part" in subsection 23 (1) of the Act is repealed and the following substituted:

"new part" means a part or parts assembly that,

(a) has not been used and has not been removed from a complete farm implement, and

(b) the dealer has purchased from the distributor within the previous 10-year period; ("pièce neuve")

(10) Subsection 23 (2) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 11, is amended by striking out "an agreement" and substituting "a dealership agreement".

(11) Subsection 23 (3) of the Act is repealed and the following substituted:

No contracting out

(3) Subject to subsection (4), sections 24 to 30 apply to a dealership agreement despite any agreement or waiver to the contrary.

(12) Subsection 24 (1) of the Act is amended by striking out "after an agreement" and substituting "after a dealership agreement".

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

Repurchase price

(1) The distributor shall pay a repurchase amount to the dealer equal to,

(a) 100 per cent of the invoice price for each new farm implement;

(b) 85 per cent of the current net price for each new part;

(c) 50 per cent of the latest published price for all mandatory special tools and equipment that the dealer has purchased within the previous five-year period and that are unique for use in servicing the distributor's products; and

(d) transportation costs paid by the dealer for delivery of the new farm implement to the dealer's place of business.

(14) Section 27 of the Act is amended by adding the following clauses:

(j) a multiple package of new parts where,

(i) the multiple package does not contain all of the parts that it contained when the distributor supplied it under the dealership agreement,

(ii) the parts are not individually packaged within the multiple package,

(iii) the parts do not have individual part numbers, and

(iv) proof of purchase is not provided upon request;

(k) a new part that a person other than the distributor has repackaged unless the distributor has supplied the repackaging material for use in returning parts to the distributor or as a replacement for damaged packaging;

(l) a new part that the distributor identified as non-returnable when the dealer purchased it from the distributor.

(15) The Act is amended by adding the following section before the heading to section 31:

Distributor's right to require repurchase

30.1 (1) In this section,

"current net price", "invoice price", "new farm implement", "new part" and "used farm implement" have the same meaning as in subsection 23 (1) except that,

(a) references to a dealer shall be read as references to a distributor who is not a manufacturer, and

(b) references to a distributor shall be read as references to a manufacturer; ("prix net courant", "prix de facture", "appareil agricole neuf", "pièce neuve", "appareil agricole usagé")

"distributor agreement" means an agreement between a distributor who is not a manufacturer and a manufacturer under which the distributor is required by the manufacturer to maintain a supply of new farm implements and new parts supplied by the manufacturer. ("entente du distributeur")

No contracting out

(2) This section applies to a distributor agreement despite any agreement or waiver to the contrary, unless the manufacturer and the distributor agree in writing to repurchase terms that are more favourable to the distributor than this section.

Right to repurchase

(3) Within 90 days after a distributor agreement has expired or is terminated, the distributor may by written notice require the manufacturer to repurchase all or any new farm implements and new parts supplied by the manufacturer under the agreement.

Election

(4) The notice to repurchase shall state whether the distributor intends to rely on this section or the terms of an agreement with the manufacturer made under subsection (2).

If no election

(5) If the distributor fails to make the election mentioned in subsection (4), the distributor shall be deemed to have elected to rely on this section.

Application of other provisions

(6) Sections 25 to 28 and 30 apply to the distributor and the manufacturer except that,

(a) references to the dealer shall be read as references to the distributor; and

(b) references to the distributor shall be read as references to the manufacturer.

Bulk Sales Act

(7) The Bulk Sales Act does not apply to a sale to the manufacturer under this section.

(16) Clause 35 (c) of the Act is repealed and the following substituted:

(c) prescribing information to be included in a dealership agreement and setting out legal rights and obligations for parties to the agreement;

Food Safety
and Quality Act, 2001

3. (1) Clause 40 (3) (d) of the Food Safety and Quality Act, 2001 is repealed and the following substituted:

(d) any person whom the Minister, the person whom the Minister authorized in writing or the director considers is or may be affected by the risk or who may contribute to the prevention, decreasing or elimination of the risk.

(2) Subsection 51 (2) of the Act is amended by adding "or (4)" after "subsection (3)" in the portion before clause (a).

(3) Subsection 51 (4) of the Act is repealed and the following substituted:

Same, food, etc.

(4) The reasonable costs of doing a thing described in subsection (2) in respect of food, an agricultural or aquatic commodity, an agricultural input, equipment or a conveyance or any other thing are recoverable jointly and severally from the owner of the food, agricultural or aquatic commodity, agricultural input, equipment, conveyance or other thing and the person who had the possession, care or control of it immediately before the doing of the thing.

(4) Subclauses 53 (j) (i) and (ii) of the Act are repealed and the following substituted:

(i) officials appointed by a director under the authority of a regulation made under clause (c),

(ii) persons, organizations and facilities designated or approved by a director under the authority of a regulation made under clause 12 (z.1),

Milk Act

4. (1) The definition of "Minister" in section 1 of the Milk Act, as re-enacted by the Statutes of Ontario, 1997, chapter 44, section 1, is repealed and the following substituted:

"Minister" means the Minister of Agriculture and Food; ("ministre")

(2) The definition of "Tribunal" in section 1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 44, section 1, is repealed and the following substituted:

"Tribunal" means the Agriculture and Food Appeal Tribunal continued under the Ministry of Agriculture and Food Act. ("Tribunal")

(3) The French version of the following provisions of the Act is amended by striking out "auprès de la Commission d'appel" wherever that expression occurs and substituting in each case "auprès du Tribunal":

1. Subsection 2.10 (3), as enacted by the Statutes of Ontario, 1997, chapter 44, section 2.

2. Subsection 19.1 (8), as enacted by the Statutes of Ontario, 1997, chapter 44, section 8.

Ministry of
Agriculture, Food
and Rural Affairs Act

5. (1) The title of the Ministry of Agriculture, Food and Rural Affairs Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 20, is repealed and the following substituted:

Ministry of Agriculture
and Food Act

(2) The definitions of "Minister" and "Ministry" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 20, are repealed and the following substituted:

"Minister" means the Minister of Agriculture and Food; ("ministre")

"Ministry" means the Ministry of Agriculture and Food; ("ministère")

(3) Section 1 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 20, is amended by adding the following definition:

"Tribunal" means the Agriculture and Food Appeal Tribunal continued under subsection 14 (1). ("Tribunal")

(4) Subsection 2 (1) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 20, is repealed and the following substituted:

Ministry continued

(1) The ministry of the public service formerly known as the Ministry of Agriculture, Food and Rural Affairs is continued under the name of the Ministry of Agriculture and Food in English and ministère de l'Agriculture et de l'Alimentation in French.

(5) Clause 6 (1) (b) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 20, is amended by striking out "Agriculture, Food and Rural Affairs Appeal".

(6) Subsection 14 (1) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule A, section 20, is repealed and the following substituted:

Tribunal

(1) The Agriculture, Food and Rural Affairs Appeal Tribunal is continued under the name of the Agriculture and Food Appeal Tribunal in English and Tribunal d'appel de l'agriculture et de l'alimentation in French.

(7) Subsection 14.1 (1) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 16, section 19, is repealed.

(8) The French version of the following provisions of the Act is amended by striking out "Commission d'appel" wherever that expression occurs and substituting in each case "Tribunal" and by making the necessary grammatical changes:

1. Subsection 14 (2).

2. Subsection 14 (5).

3. Subsection 14 (9).

4. Subsection 14 (10).

5. Subsection 14 (11).

6. Subsection 16 (1).

7. Subsection 16 (2).

8. Subsection 16 (4), in the portion before clause (a).

9. Subsection 16 (6).

10. Subsection 16 (7).

11. Subsection 16 (8).

12. Subsection 16 (9).

13. Subsection 16 (11).

14. Subsection 16 (12).

15. Subsection 16 (15).

16. Subsection 18 (1), in the portion before clause (a).

17. Clause 18 (1) (b).

18. Clause 18 (1) (c).

19. Subsection 18 (2).

20. Subsection 18 (3).

21. Subsection 18 (4).

(9) The definition of "Tribunal" in section 15 of the Act is repealed.

Nutrient Management
Act, 2002

6. (1) Clause 6 (2) (i) of the Nutrient Management Act, 2002 is repealed and the following substituted:

(i) requiring that municipalities and generators of prescribed materials, or prescribed classes of those municipalities and generators, have nutrient management strategies and that they be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(2) Section 61 of the Act is amended by adding the following subsection:

By-laws included

(1.1) A by-law of a municipality mentioned in subsection (1) includes a by-law of a municipality made under the authority of the Planning Act.

Veterinarians Act

7. (1) Clauses 4 (6) (c) and (d) of the Veterinarians Act are repealed and the following substituted:

(d) is not in default of filing a return required under the by-laws,

. . . . .

(2) Subsection 4 (11) of the Act is repealed.

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

Cancellation for default of fees

(3) The Registrar may cancel a licence for non-payment of any fee set by the by-laws or for failure to file a return required under the by-laws after giving the member at least two months notice of the default and intention to cancel.

(4) Subsection 5 (4) of the Act is amended by striking out "revoked or suspended" in the portion before clause (a) and substituting "revoked, suspended or terminated".

(5) Section 5.1 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 46 and amended by 2001, chapter 8, section 247, is amended by striking out "Subject to the regulations" at the beginning and substituting "Subject to the by-laws".

(6) Subsection 5.2 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 46 and amended by 2001, chapter 8, section 248, is repealed and the following substituted:

Contents of registry

(2) The Register shall contain the information required under the by-laws.

(7) Section 5.3 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 46 and amended by 2001, chapter 8, section 249, is repealed and the following substituted:

Notice of change of shareholder

5.3 A professional corporation shall notify the Registrar within the time and in the form and manner determined under the by-laws of a change in the shareholders of the corporation.

(8) Paragraph 4.1 of subsection 7 (1) of the Act, as enacted by the Statutes of Ontario, 2001, chapter 8, section 252, is repealed.

(9) Paragraphs 15, 16 and 17 of subsection 7 (1) of the Act are repealed.

(10) Section 7 of the Act, as amended by the Statutes of Ontario, 2001, chapter 8, section 252, is amended by adding the following subsections:

Transitional

(7) Despite subsections 7 (8) and (9) of Schedule A to the Rural Red Tape Reduction Act, 2002, a regulation made under paragraph 4.1, 15, 16 or 17 of subsection (1), as those paragraphs read immediately before those subsections come into force, continues until the Council passes a by-law under paragraph 16.1, 16.2 or 16.4 of subsection 9 (1) that is inconsistent with that regulation.

Same

(8) Despite subsection (7), subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations revoking a regulation made under paragraph 4.1, 15, 16 or 17 of subsection (1), as those paragraphs read immediately before subsections 7 (8) and (9) of Schedule A to the Rural Red Tape Reduction Act, 2002 come into force, if the Council passes a by-law under paragraph 16.1, 16.2 or 16.4 of subsection 9 (1) that is inconsistent with that regulation.

(11) Subsection 9 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 47 and 2001, chapter 8, section 253, is amended by adding the following paragraphs:

7.1 Providing that a meeting of the Council or of members or a meeting of a committee or panel that is held for any purpose other than for the conducting of a hearing may be held in any manner that allows all persons participating to communicate with each other simultaneously and instantaneously.

7.2 Prescribing what constitutes a conflict of interest for members of Council or of a committee and regulating or prohibiting the carrying out of the duties of those members in cases in which there is a conflict of interest.

. . . . .

16.1 Governing the practice of veterinary medicine through professional corporations, including requiring the certification of those corporations, governing the issuance, renewal, suspension and revocation of certificates of authorization, governing the conditions and limitations that may be imposed on certificates and governing the names of those corporations and the notice to be given of a change in the shareholders of those corporations.

16.2 Requiring the payment of annual fees by members of the College, fees for processing applications, licensing, certificates, examinations, inspections and election recounts, including penalties for late payment, interest on late payments, discounts for prompt payment and fees for anything the Registrar is required or authorized to do, and setting the amounts of any required payment.

16.3 Requiring members to give the College their home addresses and whatever other information about themselves and their professional activities that the by-law specifies, including the places were they practice the profession, the services they provide there and the names, business addresses, telephone numbers, facsimile numbers and electronic mail addresses of their associates, partners, employers and employees and specifying the form and manner in which the members shall give the information.

16.4 Providing for the compilation of statistical information on the supply, distribution, professional liability insurance coverage and professional activities of members of the College and requiring members to provide the information necessary to compile those statistics.

(12) Subsection 9 (3) of the Act is repealed and the following substituted:

Circulation of by-laws

(3) The Council shall not pass a by-law unless it circulates the proposed by-law to every member at least 60 days before passing it.

Exception

(3.1) With the approval of the Minister, the Council may exempt a by-law from the requirement set out in subsection (3) or may abridge the 60-day period mentioned in that subsection.

(13) Clause 11 (2) (e) of the Act is repealed and the following substituted:

(e) from collecting or using semen for the purposes of a business that engages in the artificial insemination of livestock;

(14) Subsection 19 (1) of the Act is amended by adding the following clause:

(f.1) information that a member consents to be entered in a register;

(15) Section 23 of the Act is amended by adding the following subsections:

Panels

(2.1) The chair of the Complaints Committee may appoint panels composed of at least three members of the Complaints Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed to the Council, to consider and investigate a complaint.

Simultaneous panels

(2.2) The Complaints Committee may sit in two or more panels simultaneously so long as a quorum of the Committee is present in each panel.

(16) Subsection 23 (3) of the Act is repealed and the following substituted:

Quorum

(3) Three members of a panel, one of whom is a person appointed to the Council by the Lieutenant Governor in Council, constitutes a quorum.

(17) Subsection 28 (1) of the Act is repealed and the following substituted:

Discipline Committee

(1) The Discipline Committee shall be composed of not fewer than 10 persons of whom,

(a) at least two are members of the Council appointed to the Council by the Lieutenant Governor in Council; and

(b) the others are members of the College, of whom at least three are members of the Council.

(18) Section 28 of the Act is amended by adding the following subsections:

Panels

(1.1) The chair of the Discipline Committee shall select a panel from among the members of the Committee to hold a hearing on,

(a) allegations of a member's professional misconduct or serious neglect that the Executive Committee or the Complaints Committee have referred to the Committee; or

(b) an application that the Registrar has referred to the Committee under section 37.

. . . . .

Same

(2.1) At least one of the members of a panel shall be a person who is both a member of the College and a member of the Council.

Votes

(2.2) All disciplinary decisions of the Committee require a vote of a majority of the members of a panel present at the hearing.

(19) Subsection 28 (12) of the Act is amended by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(20) Subsection 28 (15) of the Act is amended by striking out "28" and substituting "25.1".

(21) Section 36 of the Act is amended by adding the following subsection:

Same

(2.1) For the purposes of an investigation under this section, an investigator has all the powers of a commission under Part II of the Public Inquiries Act.

(22) Subsection 36 (9) of the Act is amended by striking out "and shall promptly return" and substituting "and, subject to subsection (9.1), shall promptly return".

(23) Section 36 of the Act is amended by adding the following subsection:

Return of copy

(9.1) If it is not practical for the investigator making an investigation under this section to return the documents or things as subsection (9) requires, the investigator shall, if practical, promptly return a copy of the documents or things to the person from whom the investigator acquired them.

(24) Subsection 38 (1) of the Act is amended by adding the following clause:

(a.1) to a body that governs a profession either inside or outside Ontario;

(25) Subsection 39 (1) of the Act is amended,

(a) by striking out "or the regulations" and substituting "the regulations or the by-laws"; and

(b) by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice".

(26) Subsections 43 (1) and (2) of the Act are amended by striking out "or the regulations" and substituting "the regulations or the by-laws".

(27) Paragraph 9 of subsection 47 (1) of the Act is repealed.

General

8. Subject to section 9, the Acts named in Column 1 of the Table are amended by striking out "Agriculture, Food and Rural Affairs" wherever that expression occurs in the provisions set out opposite them in Column 2 and substituting in each case "Agriculture and Food".


TABLE
Column 1	Column 2
Act	Provision
AgriCorp Act, 1996	subsection 3 (5)
	subsection 5 (1)
	subsection 14 (1)
	section 15
	subsection 17 (3) (The expression occurs in two places.)
Agricultural Employees Protection Act, 2002	subsection 2 (1), definition of "Tribunal" (The expression occurs in two places.)
	section 12
	subsection 13 (1), in the portion before clause (a)
	clause 13 (2) (b)
Agricultural Research Institute of Ontario Act	subsection 9 (4)
Agricultural Tile Drainage Installation Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Animals for Research Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Beef Cattle Marketing Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Crop Insurance Act (Ontario), 1996	section 1, definition of "Tribunal" (The expression occurs in two places.)
	subsection 3 (1)
	subsection 3 (3)
	section 4
	subsection 12 (1)
	subsection 13 (4)
Dead Animal Disposal Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Drainage Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Edible Oil Products Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Farm Implements Act	section 1, definition of "Minister"
	section 1, definition of "Tribunal" (The expression occurs in two places.)
Farming and Food Production Protection Act, 1998	subsection 1 (1), definition of "Minister"
Farm Registration and Farm Organizations Funding Act, 1993	section 1, definition of "Minister"
	section 1, definition of "Tribunal" (The expression occurs in two places.)
Food Safety and Quality Act, 2001	section 2, definition of "Minister"
	section 2, definition of "Tribunal"
Grains Act	section 1, definition of "Agency"
	section 1, definition of "Tribunal" (The expression occurs in two places.)
	subsection 28 (1)
Livestock and Livestock Products Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Livestock Community Sales Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Livestock Medicines Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Livestock, Poultry and Honey Bee Protection Act	section 1, definition of "Tribunal" (The expression occurs in two places.)
Meat Inspection Act (Ontario)	section 1, definition of "Tribunal" (The expression occurs in two places.)
Municipal Act, 2001	subsection 149 (1)

9. (1) The amendments to the Dead Animal Disposal Act, set out in the Table to section 8, do not apply if section 56 of the Food Safety and Quality Act, 2001 has come into force.

(2) The amendments to the Edible Oil Products Act, set out in the Table to section 8, do not apply if section 57 of the Food Safety and Quality Act, 2001 has come into force.

(3) The amendments to the Meat Inspection Act (Ontario), set out in the Table to section 8, do not apply if section 59 of the Food Safety and Quality Act, 2001 has come into force.

Commencement

10. This Schedule comes into force on the day the Rural Red Tape Reduction Act, 2002 receives Royal Assent.

SCHEDULE B
AMENDMENTS PROPOSED BY THE
MINISTRY OF CULTURE

Tartan Act, 2000

1. The second paragraph of the Schedule to the Tartan Act, 2000, being the description of the first block of colour of the tartan, is repealed and the following substituted:

The first block is called the mixed green block and consists of 129 threads disposed as follows:

Two white;

Twenty dark green;

Two red;

Twenty mid green;

Four red;

Two mid green;

Two red;

Twenty-five mid green;

Two red;

Two mid green;

Four red;

Twenty mid green;

Two red;

Twenty dark green; and

Two white.

Commencement

2. This Schedule comes into force on the day the Rural Red Tape Reduction Act, 2002 receives Royal Assent.

SCHEDULE C
AMENDMENTS PROPOSED BY THE
MINISTRY OF FINANCE

1. (1) The definition of "security" in subsection 1 (1) of the Co-operative Corporations Act is repealed and the following substituted:

"security" means any share of any class or series of shares or any debt obligation of a corporation; ("valeur mobilière")

(2) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1992, chapter 19, section 1, 1994, chapter 17, section 1, 1997, chapter 28, section 34, 1999, chapter 6, section 14 and 2001, chapter 8, section 6, is amended by adding the following definition:

"series", in relation to shares, means a division of a class of shares; ("série")

2. Clause 5 (3) (a) of the Act, as amended by the Statutes of Ontario, 2001, chapter 8, section 7, is amended by striking out "and" at the end of subclause (iv), by adding "and" at the end of subclause (v) and by adding the following subclause:

(vi) the authority of the directors to fix the number of shares in, and to determine the designations, preferences, rights, conditions, restrictions, limitations or prohibitions attaching to, a class of shares that may be issued in series;

3. The Act is amended by adding the following section:

Preference shares in series

27.1 (1) The articles, subject to such conditions and restrictions as may be prescribed and subject to the limitations set out in the articles,

(a) may authorize the issue of any class of preference shares in one or more series and may fix the number of shares in, and determine the designations, preferences, rights, conditions, restrictions, limitations and prohibitions attaching to the shares of, each series; and

(b) may, where the articles authorize the issue of any class of preference shares in one or more series, authorize the directors to fix the number of shares in, and to determine the designations, preferences, rights, conditions, restrictions, limitations and prohibitions attaching to the shares of each series.

Proportionate abatement

(2) If any amount,

(a) of cumulative dividends, whether or not declared, or declared non-cumulative dividends; or

(b) payable on return of capital in the event of the liquidation, dissolution or winding up of a co-operative,

in respect of shares of a series is not paid in full, the shares of the series shall participate rateably with the shares of all other series of the same class in respect of,

(d) all amounts payable on return of capital in the event of the liquidation, dissolution or winding up of the co-operative,

as the case may be.

No priority of shares
of same class

(3) No preferences, rights, conditions, restrictions, limitations or prohibitions attached to a series of preference shares authorized under this section shall confer upon the shares of a series a priority in respect of,

(a) dividends; or

(b) return of capital in the event of the liquidation, dissolution or winding up of the co-operative,

over the shares of any other series of the same class.

Articles designating special shares

(4) Where, in respect of a series of preference shares, the directors exercise the authority conferred on them, before the issue of shares of that series, the directors shall file with the Minister articles of amendment, in a form approved by the Superintendent, designating the series.

Certificate of amendment

(5) Section 154 applies with respect to the articles of amendment referred to in subsection (4).

4. Section 28 of the Act is repealed and the following substituted:

Equality of shares of a class

28. Each share of a class shall be the same in all respects as every other share of that class, except as otherwise permitted by section 27.1.

5. Section 30 of the Act is repealed and the following substituted:

Cancellation of par share

30. (1) If an issued share of a class or series is cancelled, the issued capital is decreased by an amount equal to the par value of the shares of that class or series.

Cancellation of fractions of shares

(2) If a fraction of an issued share of a class or series is cancelled, the issued capital is decreased by an amount that bears the same proportion to the amount determined under subsection (1) that the fraction bears to a whole share of that class or series.

6. (1) Subsection 30.1 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 17, section 7, is repealed and the following substituted:

Purchase and redemption of shares

(1) A co-operative may purchase or redeem its shares only in accordance with this Act and the regulations and in accordance with its articles.

(2) Clause 30.1 (3) (a) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 17, section 7, is amended by striking out "shares of a class of preference shares" and substituting "shares of a class or series of preference shares".

7. Subsection 31 (1) of the Act is repealed and the following substituted:

Redemption of preference shares

(1) If the articles provide that the shares of a class of preference shares are redeemable without the consent of the holders of the shares and if part only of the preference shares are to be redeemed, the shares to be redeemed shall be selected,

(a) by lot in the manner determined by the board of directors;

(b) as nearly as may be in proportion to the number of preference shares of the class that are registered in the name of each holder of shares of that class;

(c) in such other manner as the board of directors determines with the consent of the holders of preference shares of the class, obtained in the manner set out in subsection (3); or

(d) in such manner as may be authorized by regulation,

but the articles may confine the manner of selection to one or more of the methods referred to in clause (a), (b), (c) or (d).

8. Subsection 34 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 11 and 1997, chapter 28, section 35, is repealed and the following substituted:

Offering statement

(1) No co-operative or person shall sell, dispose of or accept directly or indirectly any consideration for securities of the co-operative where the co-operative has more than the prescribed number of security holders, or where the sale or disposition of or acceptance of consideration for the securities would have the effect of increasing the number of security holders in the co-operative to more than the prescribed number, unless the co-operative has filed with the Superintendent an offering statement and has obtained a receipt for it.

9. Clause 46 (1) (d) of the Act is repealed and the following substituted:

(d) if the certificate represents shares, the number and the class of shares, and the designation of any series, represented by the certificate and the par value of the shares;

10. (1) Subsection 47 (1) of the Act is repealed and the following substituted:

Contents of preference share certificate

(1) A share certificate issued for a share of a class or series of preference shares shall,

(a) legibly state on the certificate or have attached to it a legible statement setting out,

(i) the preferences, rights, conditions, restrictions, limitations and prohibitions attaching to that class or to that series, and

(ii) the authority of the directors to fix the preferences, rights, conditions, restrictions, limitations or prohibitions attaching to subsequent series, if applicable; or

(b) legibly state on the certificate that there are preferences, rights, conditions, restrictions, limitations or prohibitions attaching to that class or series and that a copy of the full text thereof is obtainable on demand and without a fee from the co-operative.

(2) Subsection 47 (3) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 17, section 13, is amended by striking out "a class of preference shares" in the portion before clause (a) and substituting "a class or series of preference shares".

11. (1) Subsection 56 (2) of the Act is amended by striking out "shall mail a written notice" and substituting "shall send a written notice".

(2) Subsection 56 (3) of the Act is amended by striking out "within thirty days from the date of mailing of the notice referred to in subsection (2)" in the portion before clause (a) and substituting "within 30 days after the date on which the notice is sent".

12. Subsection 66 (5) of the Act is amended by striking out "seven or more days before the mailing of the notice of the meeting" and substituting "seven or more days before notice of the meeting is sent".

13. Clause 75 (1) (a) of the Act is amended by striking out "by sending the notice by prepaid mail" and substituting "by sending the notice".

14. Subsection 95 (2) of the Act is amended by striking out "by sending the notice by prepaid mail" and substituting "by sending the notice".

15. Subparagraph 3 i of section 114 of the Act is amended by striking out "the number and class of shares held by such holder" and substituting "the number and the class and series of shares held by the holder".

16. (1) Subsection 124 (5) of the Act is repealed and the following substituted:

Notice to auditor

(5) Before calling a general meeting for the purpose specified in subsection (4), the co-operative shall give the following documents to the auditor at least 15 days before notice of the meeting is sent:

1. Written notice of the intention to call the meeting, specifying the proposed date for sending notice of the meeting.

2. A copy of all material proposed to be sent to members in connection with the meeting.

(2) Subsection 124 (6) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Auditor's right to make representations

(6) An auditor has the right to make written representations to the co-operative, at least three days before notice of the meeting is sent, concerning,

. . . . .

17. (1) Subsection 125 (1) of the Act is repealed and the following substituted:

Notice to auditor of proposal to appoint another

(1) If, at an annual meeting of members, it is proposed that an auditor who is not the incumbent auditor be appointed, the co-operative shall give written notice to the incumbent auditor, at least 15 days before notice of the meeting is sent, that management intends not to recommend the reappointment of the incumbent auditor at the annual meeting and the written notice shall also specify the proposed date on which notice of the meeting is to be sent.

(2) Subsection 125 (2) of the Act is amended by striking out "The incumbent auditor has the right to make to the co-operative, three days or more before the mailing of the notice of the meeting, representations in writing concerning" and substituting "The incumbent auditor has the right to make written representations to the co-operative, at least three days before notice of the meeting is sent, concerning".

18. Subsection 127 (5) of the Act is amended by striking out "the auditor shall mail such amended report to the members" and substituting "the auditor shall send the amended report to the members".

19. Subparagraph 2 ii of subsection 130 (3) of the Act is repealed and the following substituted:

ii. The amount of dividends declared on each class and series of shares.

20. (1) Paragraph 20 of subsection 133 (1) of the Act is repealed and the following substituted:

20. The authorized capital, giving the number of each class and series of shares and a brief description of each class and series and indicating any class or series that is redeemable and the redemption price.

(2) Paragraph 21 of subsection 133 (1) of the Act is amended by striking out "the number of shares of each class issued and outstanding" in the portion before subparagraph i and substituting "the number of shares of each class and series issued and outstanding".

(3) Subparagraph 21 i of subsection 133 (1) of the Act is amended by striking out "the number of shares of each class issued" and substituting "the number of shares of each class and series issued".

21. (1) Paragraph 8 of subsection 134 (3) of the Act is repealed and the following substituted:

8. The gross amount of arrears of dividends on any class or series of shares and the date to which such dividends were last paid.

(2) Paragraph 9 of subsection 134 (3) of the Act is amended by striking out "the class and number of shares affected" and substituting "the class and series and the number of shares affected".

22. Section 140 of the Act is repealed and the following substituted:

Distribution of financial statement to members

140. (1) At least 10 days before the annual meeting of members, a co-operative shall send a copy of the financial statement and, subject to section 123, the auditor's report to each member at the member's latest address as shown on the records of the co-operative.

Same

(2) The directors of a co-operative shall also send to each member a copy of any financial statement and auditor's report amended under subsection 127 (4) or (5).

Exception

(3) Subsections (1) and (2) do not apply with respect to a member who has given written notice to the co-operative that the member does not wish to receive the financial statements and auditor's reports.

23. (1) Subsection 141 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 37, is amended by striking out "that are required to be mailed by the co-operative to its members" and substituting "that the co-operative is required to send to its members".

(2) Subsection 141 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 37, is amended by striking out "on the same date such statements are mailed or required to be mailed by the co-operative to its members, whichever is the earlier" and substituting "on the same date that the co-operative sends them, or is required to send them, to its members, whichever is earlier".

24. (1) Clauses 151 (1) (h) and (i) of the Act are repealed and the following substituted:

(h) divide a class of shares, whether issued or unissued, into series and fix the number of shares in each series and the preferences, rights, conditions, restrictions, limitations and prohibitions attaching to the shares;

(h.1) authorize the directors to divide any class of unissued shares into series and fix the number of shares in each series and the preferences, rights, conditions, restrictions, limitations and prohibitions attaching to the shares;

(h.2) authorize the directors to change the preferences, rights, conditions, restrictions, limitations or prohibitions attaching to unissued shares of any series;

(h.3) revoke, diminish or enlarge any authority conferred on the directors under clause (h.1) or (h.2);

(i) redesignate any class or series of shares;

(i.1) reclassify any shares into a different class or series;

(2) Section 151 of the Act, as amended by the Statutes of Ontario, 1992, chapter 19, section 20 and 1999, chapter 12, Schedule I, section 1, is amended by adding the following subsection:

Directors' authority to amend articles

(1.1) If the directors are authorized by the articles to divide any class of unissued shares into series and determine the designations, preferences, rights, conditions, restrictions, limitations or prohibitions attaching to the shares, the directors may authorize an amendment to the articles to so provide.

(3) Subsection 151 (2) of the Act is repealed and the following substituted:

Authorization

(2) An amendment under subsection (1) shall be authorized by a special resolution and an amendment under subsection (1.1) may be authorized by a resolution of the directors.

(4) Subsection 151 (4) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 1, is repealed and the following substituted:

Additional authorization, preference shares

(4) The rules set out in subsection (4.1) apply,

(a) if the amendment is to delete or vary a preference, right, condition, restriction, limitation or prohibition attaching to a class or series of preference shares; or

(b) if the amendment is to create preference shares ranking in any respect in priority to, or in parity with, any class or series of preference shares, other than a series authorized by section 27.1.

Same

(4.1) The following rules apply in the circumstances described in subsection (4):

1. In addition to the confirmation required by subsection (2), the special resolution is not effective until it has been confirmed,

i. by at least two-thirds of the votes cast at a meeting of the holders of the affected class, classes or series of shares, duly called for the purpose, or by such greater proportion of the votes cast as the articles may provide, and

ii. by such additional authorization as the articles may provide.

2. The holders of a series of shares of a class are entitled to vote separately only if the series is affected by the amendment in a manner that is different from other shares of the same class.

25. Subsection 151.1 (1) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule I, section 1, is amended by striking out "preference shares of any class" in the portion after clause (b) and substituting "preference shares of any class or series".

26. (1) Clauses 156 (2) (d) and (e) of the Act are repealed and the following substituted:

(d) the authorized capital of the amalgamated co-operative, the classes and series, if any, of shares into which it is to be divided, the number of shares of each class and series and the par value of each share;

(e) if there are to be preference shares, the designations, preferences, rights, conditions, restrictions, limitations and prohibitions applying to them and to each series, insofar as they have been fixed by the directors;

(2) Subsection 156 (6) of the Act is repealed and the following substituted:

Approval by holders of preference shares

(6) An amalgamation agreement is not effective until it has been confirmed in the manner provided in subsections 151 (4) and (4.1), with necessary modifications, in addition to the approval required by subsection (5), if carrying out the amalgamation agreement would result in the deletion or variation of a preference, right, condition, restriction, limitation or prohibition attaching to a class or series of preference shares of any of the amalgamating co-operatives or in the creation of preference shares of the amalgamated co-operative ranking in any respect in priority to, or in parity with, any existing class or series of preference shares of any of the amalgamating co-operatives.

27. (1) Subsection 172 (1) of the Act is repealed and the following substituted:

Notices

Notice to members and directors

(1) Subject to the articles or by-laws of a co-operative, a notice or other document required to be given or sent by the co-operative to a member or director,

(a) may be delivered personally or sent by mail to his or her latest address as shown on the records of the co-operative; or

(b) except in such circumstances as may be prescribed, may be sent electronically to him or her in accordance with the Electronic Commerce Act, 2000 and such conditions as may be prescribed under this Act.

Same

(1.1) A notice or other document sent by mail by the co-operative to a member or director shall be deemed to be given or sent,

(a) for the purposes of subsections 56 (3), 66 (5), 124 (5) or (6), 125 (1) and 141 (2), on the date on which it is mailed; and

(b) in any other case and subject to the articles or by-laws of the co-operative, at the time when it would be delivered in the ordinary course of mail.

(2) Section 172 of the Act is amended by adding the following subsection:

Notice from members and directors

(2.1) Subject to the articles or by-laws of a co-operative, a notice or other document required to be given or sent by a member or director to the co-operative,

(a) may be delivered personally or sent by mail to the head office of the co-operative in accordance with subsection (3); or

(b) except in such circumstances as may be prescribed, may be sent electronically to the co-operative in accordance with the Electronic Commerce Act, 2000 and such conditions as may be prescribed under this Act.

28. Clause 186 (a) of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 29, is repealed and the following substituted:

(a) respecting names, objects, authorized capital, membership, the designations, preferences, rights, conditions, restrictions, limitations and prohibitions attaching to shares or classes or series of shares or any other matter pertaining to articles or the filing of articles;

Commencement

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

SCHEDULE D
AMENDMENTS PROPOSED BY THE
MINISTRY OF TRANSPORTATION

Highway 407 Act, 1998

1. Section 60 of the Highway 407 Act, 1998, as re-enacted by the Statutes of Ontario, 2002, chapter 17, Schedule F, Table, is amended by adding the following subsection:

Electricity transmitters and distributors

(2) For the purposes of section 41 of the Electricity Act, 1998, Highway 407 shall be deemed to be a public highway.

Highway 407 East
Completion Act, 2001

2. Section 58 of the Highway 407 East Completion Act, 2001, as re-enacted by the Statutes of Ontario, 2002, chapter 17, Schedule C, section 13, is amended by adding the following subsection:

Electricity transmitters and distributors

(2) For the purposes of section 41 of the Electricity Act, 1998, Highway 407 East Completion shall be deemed to be a public highway.

Commencement

3. (1) Section 1 comes into force on January 1, 2003.

Same

(2) Section 2 comes into force on the later of the day section 58 of the Highway 407 East Completion Act, 2001 comes into force and January 1, 2003.

EXPLANATORY NOTE

The Bill is part of the government's initiative to reduce red tape in rural and other matters.

The Bill amends a number of Acts. For convenience, the amendments and repeals are set out in separate Schedules. The commencement provisions for each of the Schedules are set out at or near the end of the Schedules.

SCHEDULE A
AMENDMENTS PROPOSED
BY THE MINISTRY OF
AGRICULTURE AND FOOD

The Schedule amends various Acts administered by the Ministry of Agriculture and Food. The main changes are as follows:

Farm Implements Act

An agreement between a distributor and a dealer with respect to a farm implement shall contain the legal rights and obligations that are prescribed by the regulations for the parties to the agreement.

A distributor who is liable under the Act to make repairs to a farm implement may either make the repairs, as the Act presently allows, or may reimburse the dealer for making the repairs.

If the distributor of a new farm implement or a new repair part is not the manufacturer of it, the manufacturer shall reimburse the distributor for the costs that the distributor incurs in meeting its obligations under section 18 of the Act to honour warranties respecting parts supply and quality of parts, to repair defects and to notify purchasers of defects.

If the distributor of a defective farm implement is not the manufacturer of it, the manufacturer shall reimburse the distributor for the costs that the distributor incurs to comply with the requirements that section 22 of the Act imposes on the distributor.

If, under the Act, a dealer requires a distributor to repurchase new farm implements and new parts that the distributor has supplied, the repurchase amount that the distributor pays to the dealer shall include the amount of 50 per cent of the latest published price for all mandatory special tools and equipment that the dealer has purchased within the previous five-year period and that are unique for use in servicing the distributor's products. The following items are added to the list of items that a distributor is not required to repurchase: certain cases of a multiple package of new parts that is incomplete, an improperly repackaged new part and a new part that the distributor has identified as non-returnable.

A distributor who is not a manufacturer is given the right to have the manufacturer repurchase farm implements and parts supplied by the manufacturer, similar to a dealer's right in section 24 of the Act.

Veterinarians Act

The Council of the College of Veterinarians of Ontario is allowed to make by-laws to deal with various matters that it could previously deal with only by way of regulation. Those matters include requirements governing the practice of veterinary medicine through professional corporations and requirements that members of the College pay fees and provide information to the College. The Council is required to circulate a proposed by-law to the members at least 60 days before passing it.

The Complaints Committee under the Act may sit in panels composed of at least three members of the Committee.

The Discipline Committee under the Act may sit in panels composed of members of the Committee selected by the chair of the Committee.

General

All references to the Minister, Ministry or Tribunal of Agriculture, Food and Rural Affairs in the Statutes of Ontario are changed to reflect the Minister, Ministry or Tribunal of Agriculture and Food, respectively, to reflect the transfer of responsibilities from the former Minister to the latter Minister in April 2002.

SCHEDULE B
AMENDMENTS PROPOSED BY THE
MINISTRY OF CULTURE

The Schedule amends the description of the first block of colour in the tartan of the Province of Ontario to make the pattern symmetrical.

SCHEDULE C
AMENDMENTS PROPOSED BY THE
MINISTRY OF FINANCE

The Schedule amends the Co-operative Corporations Act with respect to several matters.

The new section 27.1 of the Act permits a co-operative to issue preference shares in series, if the articles of the co-operative authorize it to do so. Conditions and restrictions with respect to this power may be prescribed by regulation. Complementary amendments are made to other provisions of the Act.

Section 31 of the Act is amended in connection with the redemption of preference shares within a class, when not all of the shares in the class are being redeemed. Currently, the Act specifies the ways in which the shares to be redeemed may be chosen. The amendment provides that additional methods may be specified by regulation.

Section 34 of the Act is amended in connection with offering statements. Currently, the Act requires a co-operative to file an offering statement with the Superintendent with respect to the sale of its securities if the co-operative has more than 25 security holders, or would have more than 25 security holders after the proposed sale. The amendment deletes the references to "25" and specifies, instead, that the number of security holders is to be prescribed by regulation.

Currently, section 140 of the Act requires a co-operative to send to its members a copy of its financial statements and the auditor's report. An amendment relieves the co-operative of this obligation if the member has given the co-operative written notice that the member does not wish to receive them.

Section 172 of the Act is amended to permit co-operatives to send notices and documents to members and directors electronically in accordance with the Electronic Commerce Act, 2000 and with such other conditions as may be prescribed. The same permission is given to members and directors for the notices and documents that they send to a co-operative. Complementary amendments are made to other provisions of the Act.

SCHEDULE D
AMENDMENTS PROPOSED BY THE
MINISTRY OF TRANSPORTATION

The Schedule amends the Highway 407 Act, 1998 and the Highway 407 East Completion Act, 2001 to provide that Highway 407 and Highway 407 East Completion are deemed to be public highways for the purposes of allowing access to them under the Electricity Act, 1998.